Incarceration of women in the United States

Consequently, Johnson presented to Congress the Law Enforcement Assistance Act, which allowed for the first time in America, a "direct role for the Federal Government in local police operations, court systems, and state prisons.

"[38] Poor families living in "de-industrialized" urban areas, "devoid of their traditional communities of sustenance and healing" are more likely to be victims of "violent stigmas that predestine their incarceration.

"[42] In the face of declining incomes and few economic opportunities, women often have no choice but to turn to the street economy, sex work, petty theft, welfare "fraud," and other means of survival.

[45] Poverty is also criminalized when women with mental illness, most who have experienced post-traumatic symptoms from childhood and adult trauma, come into contact with the law, either through "antisocial or violent behavior or through self-medication with illegal drugs.

Studies showed that women, in fact, believe that engaging in such destructive activities would create a stronger emotional bond, as well as put a halt to the abuse they consistently endure.

[47] Female inmates were also described as "confined by social conditions in their communities, restrained by their families' circumstances, severely limited by abuse in their intimate relationships, and forced to make hard choices with very few options".

[65] Although sexual abuse and rape are seen in all combinations of genders, many reports show that male guards are more likely to instigate assaults against women inmates due to the fact that they can act almost freely, usually with impunity.

Research suggests that "women with histories of abuse are more likely to accept sexual misconduct from prison staff because they are already conditioned to respond to coercion and threats by acquiescing to protect themselves from further violence".

[77] In 2005, "the Office of the Inspector General and the DOJ released a report documenting widespread sexual abuse by prison employees nationwide, noting that only 37% had faced some kind of legal action.

[80] Female inmates who retaliate also face the loss of eligibility for early parole in addition to prolonged periods of disciplinary segregation, and detrimental write-ups, which further deters acts of resistance.

The combination of the United States's decentralized criminal legal system and the apathy towards the particular population of incarcerated women results in a huge gap in reporting of vital statistics on healthcare and health outcomes.

[86] Though it is difficult to obtain data on the rates of pregnancy in correctional facilities due to a lack of reporting standards, it is estimated that about 2000 women give birth while incarcerated in the United States every year.

[98] Among these are the mother's own medical history and exposure to sexually transmitted infections, her level of education, mental health, substance use/abuse patterns, poor nutrition, inadequate prenatal care, socio-economic status, and environmental factors, such as violence and toxins.

[105] Though the Eighth Circuit ruled the shackling of pregnant women unconstitutional in 2009, the majority of states continue to permit the practice due to a lack of enforcement measures and accreditation requirements for correctional facilities.

[116] Some advocacy groups argue for alternative sentencing, such as family-based treatment centers, where mothers convicted of non-violent crimes can learn parenting skills while receiving services and support to foster positive child development and build a foundation to re-enter society following her term with decreased risk for future incarceration.

[8] Though the Amendment was originally intended to ban torture and other "barbarous" forms of punishment, the Court broadened its scope in this case to include the complete denial of, or wholly inadequate provision of, medical care for prisoners.

[120] Various cases in the area of women's healthcare in prison have made strides in strengthening the legal grounds for better care, such as Newsome v. Lee County (2006), Herrera v. Valentine (1981), and Goode v. Correctional Medical Services (2001).

For example, the US Court of Appeals for the Eighth Circuit in the case of Nelson v. Correctional Medical Services ruled in 2009 that shackling pregnant women to the bed during labor and delivery is unconstitutional.

[85] Unlike strictly government-run facilities, private corporations are incentivized to maximize their profit margins to please shareholders, so they often choose revenue over national standards for health care by spending as little as possible on their services.

For example, CoreCivic has a documented history of denying hospital stays to patients as they are costly to the operator, and also of punishing inmates for making multiple medical requests.

[125] These violations of standards are worsened by the fact that the records of private prisons are not subject to public access laws, so monitoring and regulating their health care activities is not possible.

One 2008 study at the University of California, Santa Barbara found that inmate mortality rates are significantly higher under private groups, and that contracting out reduces both health care costs and quality.

[134] In addition to poor economies, limited employment opportunities, and high incarceration rates in those communities, there is the creation of a "criminogenic environment" which affects the children growing up in those areas.

[64] As they reenter their communities, former inmates confront sparse job opportunities, limited options for stable and affordable housing, denials of public assistance, as well as the challenge of re-establishing relationships with family and friends.

[citation needed] Some concerns that are faced by policy-makers and correction officials about women re-entering into the community after prison are motherhood and the struggle with substance abuse and mental health issues.

Scholars have found that women face negative perceptions such as being seen as inadequate and unable to provide a stable, loving home for their children when they are transitioning back from prison into motherhood.

[144] The struggle of addiction whether it be alcohol or drug abuse along with mental health issues are considered the three major factors that influence the success of women's transition back into the community.

These are things such as, follow parole regulations, provide health care for themselves and/or their families, become financially stable, obtain employment, and find a safe place to live, all while possibly battling addiction.

The media's tendency to highlight the aspects of prison life that they deem suitable or entertaining for viewers really serves to belittle and shed attention away from the real issues that incarceration has on the women living their 'truth'.

It is Hollywood, after all; they do not necessarily seek to educate—instead they aim to titillate: These tales of vulnerable young things navigating a harsh prison are largely vehicles for money shot–style images that are the films' raison d'être: a roomful of women being hosed down by their sadistic warden as punishment (1971's Big Doll House) .