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Record W2274312900

The Chronic Failure to Control Prisoner Isolation in US and Canadian Law

2015· article· en· W2274312900 on OpenAlexaffabout
Lisa Kerr

Bibliographic record

VenueSSRN Electronic Journal · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicCriminal Justice and Corrections Analysis
Canadian institutionsQueen's University
Fundersnot available
KeywordsLawPrisoner's dilemmaIsolation (microbiology)Political scienceCriminologyLaw and economicsEconomicsPsychologyMathematical economicsBiologyGame theoryBioinformatics
DOInot available

Abstract

fetched live from OpenAlex

The decision to place a prisoner in isolation can profoundly intensify the severity of a legal sanction of imprisonment. While the Canadian legislative regime offers some protections, prison officials are empowered with broad discretion to make this decision with no judicial input. Strikingly, prisoners can be placed in isolation for indefinite periods of time, which has invited critical scrutiny. Litigation under the Canadian Charter of Rights and Freedoms could challenge the current Canadian scheme, but the US experience of litigating solitary confinement warns of the limits ofsome forms ofjudicial intervention as a means to generate effective controls over this practice. In response to extreme forms of solitary confinement, American courts have only articulated minimal constraints and narrow individual exemptions-no court has found the basic practice of indefinite isolation to be constitutionally barred, and it is currently used on a widespread basis. The American example sheds light on the possibilities of litigation as a method of penal reform and reveals a judicial tendency to police only peripheral issues without addressingfundamentafll aws in prevailingp enalp ractices. Canadianp rison legislation already includes many of the same protections that have been extracted from US courts, but essential protections remain absent in both countries. Law reform efforts should aim for a judicial declaration that prohibits isolation for indefinite and excessive terms, and mandates external oversight over all forms of isolation.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.007
metaresearch head score (Gemma)0.021
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.232
Threshold uncertainty score0.891

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0070.021
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0060.008
Science and technology studies0.0350.017
Scholarly communication0.0090.003
Open science0.0030.005
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0060.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.008
GPT teacher head0.265
Teacher spread0.256 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations7
Published2015
Admission routes2
Has abstractyes

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Same venueSSRN Electronic JournalSame topicCriminal Justice and Corrections AnalysisFrench-language works237,207