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The Response of the Criminal Justice System to Prison Overcrowding: Recidivism Patterns Among Four Successive Parolee Cohorts

Published online by Cambridge University Press:  01 July 2024

William R. Kelly  and
Sheldon Ekland-Olson
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Abstract

Over the past decade crowded prison conditions became the subject for lawsuits across the country, resulting in restrictions on the “capacity” of prison systems in a number of states. These restrictions produced pressures throughout the criminal justice system, from arrest to release on parole. The question addressed in this research is whether these restrictions and pressures affected the probability and pattern of return to prison among parolees. Data were collected at yearly intervals from four successive cohorts of parolees in Texas. Each cohort was followed for thirty-six months to determine the pattern and probability of returning to prison. Four alternative explanations for shifts in recidivism probabilities are explored using “survival analysis” techniques. Evidence is found for reduced deterrence in addition to effects from cohort composition and administrative discretion.

Type
Research Article
Information
Law & Society Review , Volume 25 , Issue 3 , 1991 , pp. 601 - 620
Copyright
Copyright © 1991 by The Law and Society Association

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Footnotes

This research was supported by a grant from the National Institute of Justice. We would like to thank Hee Jong Joo, Michael Eisenberg, Jeff Olbrich, Pablo Martinez, and Eve Van Cleve for their assistance throughout the project.

References

References

BLUMSTEIN, Alfred (1983) “Prisons: Population, Capacity and Alternatives,” in Wilson, J. Q. (ed.), Crime and Public Policy. San Francisco: ICS Press.Google Scholar
BROWN, B. W., WALKER, H., SCHIMEK, M., and P. T., WRIGHT (1979) “A Life Table Package for SPSS,” 33 American Sociological Review 225.Google Scholar
BUREAU OF JUSTICE STATISTICS (1990) “Probation and Parole 1989,” Bureau of Justice Statistics Bulletin (U.S. Department of Justice).Google Scholar
EKLAND-OLSON, Sheldon, SUPANCIC, Michael, CAMPBELL, James, and Kenneth, LENIHAN (1983) “Post Release Depression and the Importance of Familial Support,” 21 Criminology 253.Google Scholar
EKLAND-OLSON, Sheldon, and William, KELLY (1989) “Justice under Pressure: Implications for Deterrence.” Presented at American Society of Criminology meetings, Reno, Nevada, 9–10 Nov.Google Scholar
EKLAND-OLSON, Sheldon, and William, KELLY (in press) Justice under Pressure. New York: Springer-Verlag.CrossRefGoogle Scholar
EKLAND-OLSON, Sheldon, John, LIEB, and Louis, ZURCHER (1984) “The Paradoxical Impact of Criminal Sanctions: Some Microstructural Findings,” 18 Law & Society Review 159.Google Scholar
GAES, Gerald (1985) “The Effects of Overcrowding in Prison,” in Tonry, M. and Morris, N. (eds.), Crime and Justice: Annual Review of Research. Chicago: University of Chicago Press.Google Scholar
GIBBS, Jack P. (1975) Crime, Punishment, and Deterrence. New York: Elsevier.Google Scholar
HEGEL, G. W. F. (1953) Reason in History New York: Liberal Arts Press.Google Scholar
IRWIN, John (1970) The Felon. Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
MARTIN, Steve J., and Sheldon, EKLAND-OLSON (1987) Texas Prisons. Austin: Texas Monthly Press.Google Scholar
MERTON, Robert K. (1936) “The Unanticipted Consequences of Purposive Social Action,” 1 American Sociological Review 894.Google Scholar
MINOR, W. W., and M., COURLANDER (1979) “The Post-Release Trauma Thesis: A Reconsideration of the Rise of Early Parole Failure,” 16 Journal of Research in Crime and Delinquency 273.Google Scholar
ROSSI, Peter H., BERK, Richard A., and Kenneth J., LENIHAN (1980) Money, Work, and Crime: Experimental Evidence. New York: Academic Press.Google Scholar
SCHNEIDER, Louis (1971) “Dialectic in Sociology,” 36 American Sociological Review 667.Google Scholar
SHERMAN, Michael, and Gordon, HAWKINS (1981) Imprisonment in America: Choosing the Future. Chicago: University of Chicago Press.Google Scholar
TEXAS BOARD OF PARDONS AND PAROLES (Various Years) “Annual Statistical Report.” Austin: Texas Board of Pardons and Paroles.Google Scholar
TEXAS DEPARTMENT OF CORRECTIONS (Various Years) “Fiscal Year Statistical Report.” Austin: Texas Department of Corrections.Google Scholar
ZIMRING, Franklin E. (1990) “Correctional Growth in Context.” Presented at Growth and Its Influence on Correctional Policy—Perspectives on the Report of the Blue Ribbon Commission, Clark Kerr Campus, University of California, Berkeley, 10–11 May.Google Scholar

Case Cited

Ruiz v. Estelle, 503 F.Supp. 1265 (1980).Google Scholar

Statutes Cited

Restoration of Good Conduct Time, Tex. Crim. Proc. sec. 497.004(d) (1985).Google Scholar
Texas Prison Management Act, Tex. Rev. Civ. Stat. Ann. art. 6184 (Vernon 1983).Google Scholar