JS104 1
Structure and Requirements for MIT Analysis Paper
Each student will write an analysis paper examining the assigned reading Mass Incarceration on Trial.
The purpose of the paper is not just to specifically test knowledge, but to also force critical thinking
about Simon’s arguments and logic. This paper should be no more than 2,500 words (not including the
cover page or references). Students may incorporate other material to substantiate points; however, any
additional sources must be scholarly in nature (i.e., scholarly journal articles).
Quotes, Paraphrasing, and Avoiding Plagiarism
The use of direct quotes is prohibited, as direct quotes do not demonstrate your understanding of the
material. The only direct quote exception is when a formal definition is needed (must be properly cited
and referenced). Students will still need to paraphrase source information. Paraphrasing still requires
proper APA citations. Students are not permitted to reuse any course work from a previous or current
course for the purposes of the assigned paper for this course., unless given express permission by the
instructor.
General Formatting Requirements
1. A cover page
2. Running Head (upper left-hand corner of the header)
3. Page numbering (upper right-hand corner of the header)
4. 1” margins on all sides
5. Strict double-spacing (no additional space before or after each line – check paragraph settings)
6. Times New Roman, 12 point font throughout your entire paper – cover page through references
7. All text (with the exception of headings within the body of the paper) should be left-justified (i.e.,
do not “Justify” the text of your paper as the spacing will be off).
8. Written in formal English, with college-level writing mechanics and APA-style formatting,
inclusive of in-text citations and references
Source Requirements
In addition to the book, only scholarly, peer-reviewed sources (i.e., journal articles) will be accepted
(both theoretical and empirical in nature) as official source material.
JS104 2
General Paper Structure: The structure of the paper will include the following main sections. Address
each item outlined below.
I. Introduction
A. The name of the author, the book title, and the main theme.
B. Relevant details about who the author is and where he/she stands in the genre or field of
inquiry. You could also link the title to the subject to show how the title explains the subject
matter.
C. The context of the book and/or your analysis. Your choice of context informs your
argument. Be sure to address key historical events.
D. The thesis of the book. Identifying the book’s particular novelty, angle, or originality allows
you to show what specific contribution the piece is trying to make.
E. Your thesis about the book.
II. Analysis
A. House of Fear
1. Homework help – Discuss the ramifications of using super max-style incarceration, and California’s
extreme version of isolation.
2. Write my Essay Online Writing Service with Professional Essay Writers – Explain the significance of the Madrid v. Gomez case
B. Engines of Madness
1. Homework help – Discuss the implications of inadequate mental health treatment.
2. Write my Essay Online Writing Service with Professional Essay Writers – Explain the significance of the Coleman v. Wilson case
C. Torture on the Installment Plan
1. Homework help – Discuss the implications of insufficient medical care.
2. Write my Essay Online Writing Service with Professional Essay Writers – Explain the significance of the Plata v. Davis case
D. Places of Extreme Peril
1. Homework help – Discuss prison design; the state of overcrowding; arguments made by advocates of
mass incarceration; counter arguments by opponents of mass incarceration; and
suggestions for reform.
2. Write my Essay Online Writing Service with Professional Essay Writers – Explain the significance of the Coleman-Plata v. Schwarzenegger case
E. Dignity Cascade
1. Homework help – Discuss the concept of dehumanization and violations of the 8th Amendment versus the
preservation of human dignity, as they relate to dignity cascades.
2. Write my Essay Online Writing Service with Professional Essay Writers – Explain the significance of the Brown v. Plata case
III. Policy Critique and Implications
A. Summarize your assessment of the issues.
B. What policy changes need to be made? Reference back to substantive examples from
the book.
C. How can your proposed policy changes be implemented, and what are the implications
of those changes with respect to better addressing the issue?
D. Future research needs
IV. References (APA-style references for all scholarly sources used in your paper)
Grading
1. Completion of all areas of the assignment; following the structure and guidelines
2. Writing mechanics and usage of APA format throughout the paper
3. Critical thinking
JS104 3
Proper Submission
1. The finalized version of papers will be downloaded by the instructor, as such; papers must be
complete and in an acceptable word processing file format (i.e., *.doc; *.docx only). Do not
attempt to upload your assignment via Google Docs.
2. No late submissions will be accepted barring a documented and valid need for a limited extension,
which must be discussed with the instructor in advance of the deadline.
The Destruction of Mass Incarceration
I. Introduction
A. Overview of the Book
The author of the book, “Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America,” is Jonathan Simon. The main theme of the book is the issue of mass incarceration in the United States. The author notes that American prisons are overcrowded and causing degradation (Simon, 2014). For example, the book asserts that jails are used by racist gangs and segregation units in order to keep a tenuous order in the country. In such a manner, Simon concludes that the mass incarceration is both a fiscal and penological problem in the United States.
B. Author’s Biography
Jonathan Simon is an Associate Dean of Social Policy and Jurisprudence programs at the University of California, the Boalt Hall School of Law. He wrote many books about the social policy and some legal aspects. Previously, Simon worked as an assistant professor at the University of Michigan and worked as a professor at the University of Miami. He runs various blogs such as “The Berkeley Jurisprude” and “Governing through Crime.” Based on the title of the book, one may conclude that Simon seeks to explain that prisons and jails are not the best way to deal with offenders as of today (Simon, 2014). He suggests that the criminal justice and social policy in the United States should be adjusted in order to bring positive change in the society.
C. Context of the Book
The book is an inspiring and comprehensive critique of the Californian mass incarceration system; it strives to offer a good vision as established by a landmark court ruling. It seeks to argue that the government should come up with innovative legal tools in order to manage the mass incarceration in the US, which is not characteristic of most democratic nations (Simon, 2014). Historically, the prison system has been associated with the mass incarceration of the black people, as well as inhumane treatment of prisoners.
The book offers a better solution, namely, creating a legal strategy of supporting the human dignity as a way of addressing the problem of the mass incarceration in the society. Following the landmark ruling in the Brown v. Plata case on the problem of overcrowding in the prisons in California, Simon suggests that the massive incarceration of people is an unsustainable and potentially illegal decision because of the Eighth Amendment that prohibits any unusual punishment and cruelty (Simon, 2014).
D. Thesis of the Book
The thesis of the book asserts that the mass incarceration has been on trial and challenged in the United States due to problems it causes to the nation. The book emphasizes negative effects of the American mass incarceration. The book strives to make contributions to eradicating the problem in the country. It supports the Supreme Court’s ruling in Brown v. Plata with the help of legal and social arguments, which are appropriate to the subject.
E. My Thesis
Based on the book, my thesis is that the mass incarceration is both a social and fiscal problem that leads to the violation of the fundamental human rights of prisoners in the United States.
II. Analysis
A. House of Fear
1. The Implications of using the supermax-style incarceration and the Californian extreme version of isolation of criminals
The use of the supermax-style incarceration and extreme version of isolation in most Californian prisons expose convicts to serious psychological and health risks. Firstly, the adaptation to such mode of incarceration is complicated and usually causes the development of the habitual thinking and actions. It can encourage prisoners to harm themselves physically or even take own life. Numerous cases of suicide attempts and felo-de-se are reported. Thus, the use of the extreme isolation incarceration leads to significant psychological problems in prisoners.
2. Significance of Madrid v. Gomez case
The case was important in addressing the problem of confinement in California and constitutional violations associated with the use of excessive force that was compared to the inadequate care. According to the court ruling, prisons violated the constitutional rights of convicts. The recommendations assured that it was important to implement a remedial plan as soon as possible. It would help in improving the housing conditions and the medical care in the American state prisons. Going forward, the state prisons would strive to avoid using an extreme version of isolation in prisoners due to the psychological and mental risks it has
B. Engines of Madness
1. Implications of the inadequate mental health treatment
Mental health care services in prisons help in the recovery and development of coping skills and resilience; in turn, they can improve the quality of life of convicts. Prisons still fail to provide all elements of the mental health care. For example, understaffing is a huge problem that limits the provision of quality mental health services. Health care professionals, including counselors, nurses, and psychologists, are required in the prison systems. For example, a serious case of a mental condition requires individualized mental health care options.
It is clear that programs of the mental health care have to address the psychiatric problems in prisons. The lack of an adequate number of correctional professionals contributes to problems of mental health patients. In line, the adequate staffing would help in providing patients with the required care. Apart from understaffing, poor screening of prisons is another issue that shows the inadequate mental health care (Simon, 2014). The tracking and identification of convicts, who have mental illnesses, are important with the view to improving the medical health treatment. In most state prisons, the access to screening and tracking of the mentally ill convicts is rather challenging. As a rule, prisoners with mental illnesses are not determined upon entry and exit. Thus, it is recommendable for the state government to invest in developing tracking and screening tools for mentally ill prisoners.
2. The significance of Coleman v. Wilson case
The case of Coleman v. Wilson was useful in bringing to light the inadequacy of mental health care in state prisons. In the case, complainants were the state prisoners, who were suffering from serious mental illness; they asserted that the California Department of Corrections and Rehabilitation fail to offer the adequate mental health care. The judge determined that the Eighth Amendment demands all state prisons to provide convicts with access to the quality mental health care. The ability of Californian penitentiary facilities to deliver efficient mental health care is a benchmark of the current status of the mental health care in state prisons in the U.S. Most advocates for improving the mental health care relied on the case in their fight for the improvement of the mental health care in the U.S. state prisons.
3. Torture on the Installment Plan
1. Implications of the insufficient medical care
Insufficient medical care has a significant impact on any patients. One of the major effects is a significant delay in the provision of essential health care. In most cases, the patients have to wait long for the required help. It also lowers the patient satisfaction with the form of health care accessible. Insufficient medical care is tortuous as it causes patients much pain; thus, it is a serious problem.
The issue leads to the increased discrimination in the society. It causes disparity in the access to the health care among citizens. For example, the whites might have a higher accessibility to the quality health care treatment as compared to the blacks. Also, the immigrants might face a tougher health care situation as compared to the natives. Thus, the inadequate access to health care is detrimental to the society as a whole. In the prison system, such inadequate health care creates a hostile environment. Thus, both federal and state governments should try to improve access of convicts to the medical care.
2. Significance of Plata v. Davis case
The case was important in evaluating the serious issue of the inadequate medical care to state prisoners. The case sought the application of injunctive relief to make the CDC improve the medical care and monetary compensation for nine complainants. The case was admitted as a class action from stated prisons that were incarcerated in 33 Californian prisons. Plata, the lead complainant, brought into the light the challenge of getting adequate medical treatment in the penitentiary facility. For example, the man was forced to walk without any help to his housing unit; it caused severe pain in his foot.
The inadequate health care access in state prisons was the major challenge to convicts. The case helped to emphasize the problem of the access to medical care in prisons and state jails (Simon, 2014). During the litigation, the class action was critical in suggesting better ways for improving the CDC treatment of prisoners with special needs, including mentally ill individuals in the specific health care facilities. Therefore, the case helped in launching an official campaign for promoting the CDC medical care process and system.
3. Places of Extreme Peril
1. State of overcrowding
The penitentiary system presupposes not only the detainment of individuals that break the law but also the inculcation of social norms and rules into offenders, who have not been into arrested before. Prisons are designed in such a manner in order to emphasize the principles of the discipline and punishment. These facilities also train the prisoner’s self-discipline. It is so because they are always being watched. The surveillance forces complainants to act with extreme caution.
However, such measures are crucial for the comfortable human life. In the US, the level of the prison overcrowding is high. For example, California has repeatedly been sued for the same issue. Advocates of the mass incarceration argue that it is a necessary action that aims at disciplining offenders so that they change their behavior after the jail term. They also suggest that the incarceration helps take all wrongdoers from the streets.
According to the counterargument, prisoners have a legal right to the good treatment. They note that the Eighth Amendment to the U.S. Constitution asserts that convicts have the right to good treatment. Suggestions for reforming the mass incarceration include the creation of rational systems that would protect the public safety. It is also important to consider eliminating the criminalization of minor wrongdoings, selective enforcement strategies, and policies, the institutionalization of a proportional model of punishment, and the adoption of evidence-based initiatives.
2. Significance of Coleman-Plata v. Schwarzenegger case
Coleman-Plata v. Schwarzenegger is a significant case in examining the violations of the healthcare rights and regulations in prisons. It sought to determine whether the court interpreted the provisions and standards for issuance, including an order based on PLRA. The outcome of the case helped in influencing the public welfare and health of prisoners by evaluating decisions that relate to the state prison system. Based on the outcome of the case, law enforcement officials argued that federal courts were involved in the issuance of the prison release order due to the failure of the state of California to deal with the problem of the prison overcrowding.
The Californian government argued that courts have issued more than 75 orders for improving CDCR health programs to the constitutional standards and levels, but their efforts were inefficient. A decision favoring Schwarzenegger would cause a significant problem to a prisoner, who tries to violate constitutional rights and threshold. Convicts should prove that their harm resulted from the deliberate behavior of the state officials in terms of health and safety. Therefore, the case would address the issue of health care violations in the prison system and ensure that convicts present facts of the violation rather than own allegations.
4. Dignity Cascade
1. Human dignity
The aspect of dehumanization and violation of the Eighth Amendment is strongly associated with the preservation of human dignity. According to this Amendment to the U.S. Constitution, all citizens have the right to be treated with dignity. The Amendment is against any cruel punishment, including the use of solitary confinements in most penitentiary facilities in the US. In most prisons, the Amendment was used in order to introduce significant social changes.
In evaluating whether a specific form of punishment is unusual, the court utilizes a flexible and dynamic approach with the view to bringing about the social policy change. The system of jails and prisons has been guilty of the dehumanizing environment and the violations of the constitutional amendment. The aspects of the dehumanization and violation of Eighth Amendment violate the concept of human dignity; instead, it requires a comprehensive treatment of all citizens. Thus, the prison system should be humanized with the view to promoting the preservation of human dignity.
2. The significance of Brown v. Plata case
Brown v. Plata case is crucial since it advocates the social transformation. The court ruling was a landmark in eradicating the practice of the mass incarceration in U.S. prisons. For example, it suggested that the prison pollution was capped at 145%. The ruling helped ensure that the prison population is equitable in promoting the consistency of remedies. It was useful in initiating a discussion about the mass incarceration problem in the US.
The ruling was more of a political statement rather than a legal decision. It helped leaders in the political space to try to argue political interventions in order to deal with the mass incarceration problem in the country. The case helped make the adverse conditions in prisons in California to be noticed and corrected. Thus, the court ruling in Brown v. Plata case was useful in bringing into the light the mass incarceration with the view to initiating the public political debate on the issue.
III. Policy Critique and Implications
A. Issues
According to the book, there exist serious problems with the mass incarceration in state prisons. The overcrowding creates much tension regarding the state financial resources and results in social problems. For example, most convicts in overcrowded prisons do not have access to the adequate health care and other convenience, for example, the proper sanitation. In numerous lawsuits, state prisons of California were determined to violate the Eighth Amendment to the U.S. constitution.
B. The Policy Change
According to the author, it is suggested to change the incarceration policy in rehabilitation strategies. The book also asserts that minor violations should not call for incarcerations. It also recommends improving the prison environment in terms of access to the adequate health care, more so the mental health care.
C. The Implementation of Proposed Policy Changes
The recommended policy changes would be implemented with the help of the local and state engagements with correctional facilities and other stakeholders in the prison system. The state government that works with correctional facilities will ensure that all changes are tested in order to be implemented in practice. Changes would help in improving access to the health care, as well as reducing the inhumane treatment of convicts in prisons.
D. Future Research Needs
The future research will have to address implications of limiting the practice of the mass incarceration in the U.S. economy. Implications will either be positive or negative. For example, the research will have to evaluate legal adjustments and social changes that are required to in order to eliminate the mass incarceration in state prisons.
Reference
Simon, J. (2014). Mass incarceration on trial: A remarkable court decision and the future of prisons in America. New York, NY: New Press.
