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Does the “Open- Cell Regime” foster Inmates’ Legal Capability? Evidence from two Italian Prisons

Author

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  • Lucia Dalla Pellegrina
  • Margherita Saraceno

Abstract

This study is a first attempt to map non-criminal legal needs of prisoners by means of a peer-setting survey. The investigation has been carried out in 2014 in two Italian prisons. Evidence shows that prisoners’ legal needs are mainly related to family law matters, property law issues and administrative procedures, including release and renewal of documents. We test the general hypothesis according to which imprisonment by itself represents a recurrent cause to give up trying to solve legal problems. We focus, in particular, on the introduction of the open-cell regime to identify the effects of isolation due to imprisonment on the frequency of problem resolution. We also investigate how inmates’ specific characteristics (being a foreigner or waiting for a first-instance judgment), on the one hand, and prison-specific characteristics, on the other hand, affect the capacity of prisoners to manage their pending legal issues (legal capability). This contributes to debate about detention conditions as an important part of European Union justice policy.

Suggested Citation

  • Lucia Dalla Pellegrina & Margherita Saraceno, 2020. "Does the “Open- Cell Regime” foster Inmates’ Legal Capability? Evidence from two Italian Prisons," Working Papers 433, University of Milano-Bicocca, Department of Economics, revised Feb 2020.
    • Handle: RePEc:mib:wpaper:433
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    References listed on IDEAS

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    1. Francesco Drago & Roberto Galbiati & Pietro Vertova, 2011. "Prison Conditions and Recidivism," American Law and Economics Review, American Law and Economics Association, vol. 13(1), pages 103-130.
    2. Pascoe Pleasence & Nigel J. Balmer & Alexy Buck, 2008. "The Health Cost of Civil‐Law Problems: Further Evidence of Links Between Civil‐Law Problems and Morbidity, and the Consequential Use of Health Services," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 351-373, June.
    3. Giovanni Mastrobuoni & Daniele Terlizzese, 2014. "Harsh or Human? Detention Conditions and Recidivism," EIEF Working Papers Series 1413, Einaudi Institute for Economics and Finance (EIEF), revised May 2018.
    4. Christian, Johnna & Mellow, Jeff & Thomas, Shenique, 2006. "Social and economic implications of family connections to prisoners," Journal of Criminal Justice, Elsevier, vol. 34(4), pages 443-452.
    5. Aaron Chalfin & Justin McCrary, 2017. "Criminal Deterrence: A Review of the Literature," Journal of Economic Literature, American Economic Association, vol. 55(1), pages 5-48, March.
    6. Rosalyn D. Lee & Xiangming Fang & Feijun Luo, 2016. "Parental Incarceration and Social Exclusion: Long-term Implications for the Health and Well-being of Vulnerable Children in the United States☆," Research on Economic Inequality, in: Inequality after the 20th Century: Papers from the Sixth ECINEQ Meeting, volume 24, pages 215-234, Emerald Group Publishing Limited.
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    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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