In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.

Kafka's literary universe is organized around constellations of imprisonment. Freedom and Confinement in Modernity proposes that imprisonment does not signify a tortured state of the individual in modernity. Rather, it provides a new reading of imprisonment suggesting it allows Kafka to perform a critique of a modernity instead.

"I shall refuse, Father." Vanya repeated his decision, stubbornly, almost bitterly. For a whole hour Father Richter had been trying to convince his oldest son about the consequences and dangers of such a decision. The Red Army was not very tolerant of those who refused to fulfill their obligation in the defense of the great Soviet State.

An astonishing variety of captivity narratives emerged in the fifty years following the American Revolution; however, discussions about them have usually focused on accounts of Native American captivities. To most readers, then, captivity narratives are synonymous with "godless savages," the vast frontier, and the trials of kidnapped settlers. This anthology, the first to bring together various types of captivity narratives in a comparative way, broadens our view of the form as it shows how the captivity narrative, in the nation-building years from 1770 to 1820, helped to shape national debates about American liberty and self-determination. Included here are accounts by Indian captives, but also prisoners of war, slaves, victims of pirates and Barbary corsairs, impressed sailors, and shipwreck survivors. The volume's seventeen selections have been culled from hundreds of such texts, edited according to scholarly standards, and reproduced with the highest possible degree of fidelity to the originals. Some selections are fictional or borrow heavily from other, true narratives; all are sensational. Immensely popular with American readers, they were also a lucrative commodity that helped to catalyze the explosion of print culture in the early Republic. As Americans began to personalize the rhetoric of their recent revolution, captivity narratives textually enacted graphic scenes of defiance toward deprivation, confinement, and coercion. At a critical point in American history they helped make the ideals of nationhood real to common citizens.

From Columbus' voyages to the New World through today's prison expansion movements, incarceration has played an important, yet disconcerting, role in American history. In this sweeping examination of imprisonment in the United States over five centuries, Scott Christianson exposes the hidden record of the nation's prison heritage, illuminating the forces underlying the paradox of a country that sanctifies individual liberty while it continues to build and maintain a growing complex of totalitarian institutions. Based on exhaustive research and the author's insider's knowledge of the criminal justice system, With Liberty for Some provides an absorbing, well-written chronicle of imprisonment in its many forms. Interweaving his narrative with the moving, often shocking, personal stories of the prisoners themselves and their keepers, Christianson considers convict transports to the colonies; the international trade in captive indentured servants, slaves, and military conscripts; life under slavery; the transition from colonial jails to model state prisons; the experience of domestic prisoners of war and political prisoners; the creation of the penitentiary; and the evolution of contemporary corrections. His penetrating study of this broad spectrum of confinement reveals that slavery and prisons have been inextricably linked throughout American history. He also examines imprisonment within the context of the larger society. With Liberty for Some is a thought-provoking work that will shed new light on the ways in which imprisonment has shaped the American experience. As the author writes, "Prison is the black flower of civilization -- a durable weed that refuses to die."

Liberty's Prisoners examines how changing attitudes about work, freedom, property, and family shaped the creation of the penitentiary system in the United States. The first penitentiary was founded in Philadelphia in 1790, a period of great optimism and turmoil in the Revolution's wake. Those who were previously dependents with no legal standing—women, enslaved people, and indentured servants—increasingly claimed their own right to life, liberty, and happiness. A diverse cast of women and men, including immigrants, African Americans, and the Irish and Anglo-American poor, struggled to make a living. Vagrancy laws were used to crack down on those who visibly challenged longstanding social hierarchies while criminal convictions carried severe sentences for even the most trivial property crimes. The penitentiary was designed to reestablish order, both behind its walls and in society at large, but the promise of reformative incarceration failed from its earliest years. Within this system, women served a vital function, and Liberty's Prisoners is the first book to bring to life the e xperience of African American, immigrant, and poor white women imprisoned in early America. Always a minority of prisoners, women provided domestic labor within the institution and served as model inmates, more likely to submit to the authority of guards, inspectors, and reformers. White men, the primary targets of reformative incarceration, challenged authorities at every turn while African American men were increasingly segregated and denied access to reform. Liberty's Prisoners chronicles how the penitentiary, though initially designed as an alternative to corporal punishment for the most egregious of offenders, quickly became a repository for those who attempted to lay claim to the new nation's promise of liberty.

In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.