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Intended and Unintended Consequences of Prison Reform

Author

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  • Richard T. Boylan
  • Naci Mocan

Abstract

The United States Supreme Court ruled in May 2011 that prison overcrowding in California constituted cruel and unusual punishment. This decision revived a long-standing debate among scholars and policy makers as to whether courts should intervene to protect the well-being of the disfranchised, by forcing states to improve schools, prisons, and mental institutions. We use data that span 1951–2006 to examine the impact of federal court orders condemning prison crowding, and the impact of states’ releases from these court orders. We find that these interventions are associated with lower inmate mortality rates and fewer prisoners per capita. Correctional expenditures increase and welfare cash expenditures decrease while states are under court order, suggesting that the burden of improved prison conditions is borne by welfare recipients. Furthermore, states do not alter correctional spending and welfare cash payments spending after their release from court order, making the original changes in spending permanent. (JEL H7, I38, K4)

Suggested Citation

  • Richard T. Boylan & Naci Mocan, 2014. "Intended and Unintended Consequences of Prison Reform," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 30(3), pages 558-586.
    • Handle: RePEc:oup:jleorg:v:30:y:2014:i:3:p:558-586.
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    File URL: http://hdl.handle.net/10.1093/jleo/ewt006
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    Cited by:

    1. Randi Hjalmarsson & Matthew J. Lindquist, 2022. "The Health Effects of Prison," American Economic Journal: Applied Economics, American Economic Association, vol. 14(4), pages 234-270, October.
    2. Anna Gunderson, 2021. "Ideology, Disadvantage, and Federal District Court Inmate Civil Rights Filings: The Troubling Effects of Pro Se Status," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(3), pages 603-628, September.

    More about this item

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • I38 - Health, Education, and Welfare - - Welfare, Well-Being, and Poverty - - - Government Programs; Provision and Effects of Welfare Programs
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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