Document Type
Report
Publication Date
2007
Abstract
I have been asked to focus my testimony on litigation and how it contributes to oversight of jails and prisons, in particular to incentivizing appropriate prison and jail supervisory practices and policies that minimize sexual misconduct and sexual violence behind bars. Litigation is an accountability mechanism operative in many spheres, of course, but whereas in most other areas of governmental activity, other such mechanisms have pride of place, we have as a polity largely failed to implement any other effective regulatory system to govern our burgeoning incarcerative apparatus. At least in many states prison and jail systems, litigation is one of the only reform or oversight tools available. It has, over the years, been very beneficial in that role, serving as an ameliorative force for improvement if not radical reinvention of detention and corrections policy. Its positive impact has, however, been partially undermined by the Prison Litigation Reform Act, passed a decade ago.
Recommended Citation
Schlanger, Margo, "Testimony before the National Prison Rape Elimination Commission, The Role of Courts and Litigation in Regulating Prison and Jail Prevention of Sexual Violence and Misconduct" (2007). Other Publications. 287.
https://repository.law.umich.edu/other/287
Comments
This work was published when author was not on Michigan Law faculty and is included here at the author's request.