SAGE Journal Articles
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Journal Article 1: Thompson, R. A., Nored, L. S., & Cheeseman Dial, K. (2008). The Prison Rape Elimination Act (PREA): An evaluation of policy compliance with illustrative excerpts. Criminal Justice Policy Review, 19(4), 414–437.
Abstract: Although the Prison Rape Elimination Act (PREA) is an acknowledgment of problems posed by forcible sexual assault in prisons and jails, many institutions of confinement at various levels of government continue to struggle with developing compliant policies and procedures. Given this practical reality, the purpose of this article is twofold. First, the authors examined the policies of 28 states plus the Federal Bureau of Prisons (n = 29) to assess the extent to which they comply with federal law using eight evaluative dimensions. Second, the authors excerpted language from various policy statements for the benefit of those institutions that are still in the process of developing their own such documentation. Emphasis is placed on identifying core dimensions of comprehensive policy statements along with observations and conclusions regarding future implications of prison rape abatement measures.
Abstract: For more than three decades, beginning with Estelle v. Gamble in 1976, the courts have protected the constitutional right of prisoners to health care. This article explores the historical antecedents of this protection and its present application to modern correctional health care delivery. Focusing on the three basic rights guaranteed by Estelle--the right to access to care, the right to care that is ordered, and the right to a professional medical judgment--the article traces the development of case law in the hundreds of lawsuits that have influenced correctional health care over these years. The article also addresses the “state of mind” component of constitutional liability, the requirement of “serious medical needs” as a predicate to suit, and the impact of privatization on correctional health care delivery. Finally, the article describes the impact of litigation on the promulgation of standards for correctional health care services and on the accreditation of correctional health care systems.