Prison Reform

Introduction

Benevolent federal intervention into state prison issues has, at least in modern times, been a role precariously reserved for the judiciary. In the years following the Supreme Court's decision to end its “hands-off” stance toward prison issues, the federal judiciary emerged as a staunch defender of prisoner rights. These efforts, which have been well documented in a number of sources, led to broad changes in the management and operations of correctional institutions across the country. Recently, however, the capacity of the judicial branch to bring about prison reform has been severely curtailed.

In some instances, these limitations were self-inflicted through Court decisions, which made it increasingly difficult for inmates to prove prison conditions violated their Eighth Amendment rights. In other instances, however, these limitations resulted from Congressional action—most notably, the Prison Litigation Reform Act of 1996 (PLRA), which limits federal court involvement into state prison issues by both restricting inmate access to the court and curbing the scope and duration of the federal judiciary's jurisdiction in these matters (Smith, 337-358).

In the early 1900s Samuel June Barrow was a leader in prison reform. President Cleveland appointed him International Prison Commissioner for the U.S. in 1895, and in 1900 Barrows became Secretary of the Prison Association of New York and held that position until his death on April 21, 1909 (Freedman, 41-49). A Unitarian pastor, Barrows used his influence as editor of the Unitarian Christian Register to speak at meetings of the National Conference of Charities and Correction, the National International Prison Congresses, and the Society for International Law.

As the International Prison Commissioner for the U.S. he wrote several of today's most valuable documents of American penological literature, including “Children's Courts in the United States” and “The Criminal Insane in the United States and in Foreign Countries.” As a House representative, Barrows was pivotal in the creation of the International Prison Congress and became its president in 1905.

In his final role, as Secretary of the Prison Association of New York, he dissolved the association's debt, began issuing annual reports, drafted and ensured passage of New York's first probation law, assisted in the implementation of a federal Parole Law, and promoted civil service for prison employees. Moreover, Barrows advocated improved prison structures and methods, traveling in 1907 around the world to bring back detailed plans of 36 of the best prisons in 14 different countries. In 1910 the National League of Volunteer Workers, nicknamed the “Barrows League” in his memory, formed in New York as a group dedicated to helping released prisoners and petitioning for better prison conditions.

Discussion and Analysis

The diminished capacity of the federal judiciary to enact prison reform has not gone unnoticed (Sullivan, 33-41). Smith notes that the passage of the PLRA signifies “the symbolic and practical end to an era of significant judicial intervention into corrections”. Similarly, Feeley and Rubin note “judicial intervention seems to have reached its limit”. While prison conditions have improved over the last several decades, it is unrealistic to assume that inmates are no longer at risk ...