Corrections_Today_March_April_2023_Vol.85_No.2

NEWS&VIEWS

Aside from length of stay, various factors can influence a person’s com pliance and behavior upon release. These factors include the perceived fairness of one’s bail amount, a deci sion on release from jail, and the way one is treated (that is, procedural justice) inside the institution. Per ceptions of fairness and trust in the system are just as important during the corrections stage as they are in a policing context. Corrections prac tices would greatly benefit from an increased understanding of how jail experiences (for example, booking, court appearances, and incarcera tion) affect the larger criminal justice system and individual outcomes. Jails are under-researched but critically important The size of the jail population is often overlooked in national discus sions on corrections conditions and reforms. An individual’s jail stay can be a traumatic experience charac terized by transient populations, confusion, disorder and instability, physical danger, and psychological harm. These factors can significantly shape how an incarcerated individual perceives the legitimacy of the jail environment and its authorities. Common features of an indi vidual’s jail experience may make fostering legitimacy within jails more difficult than in prisons. Jails tend to be chaotic; given the typi cal closer proximity in time to their arrest, individuals coming into jail may be more likely to be intoxicated or dealing with withdrawal from a controlled substance. 21 In addition, jail incarceration is stressful. Suicide accounts for over 30% of the deaths in jail custody

istock/PATCHARIN SAENLAKON

the officers’ (and by association, the institution’s) authority. As a result, such actions can lead to additional rule-breaking and create an unsafe environment for incarcerated indi viduals and other officers. 13 Methods of measuring legiti macy in prisons are inconsistent. Most researchers, however, assess it as an officer characteristic based on others’ perceptions of fairness, effectiveness, trustworthiness, sup port, and honesty. 14 One study found that the incarcerated population’s perceptions of the treatment they received during their most recent encounters with correctional of ficers had an impact on how they perceived the legitimacy of those officers. 15 When present, legitimacy reduced the propensity for non violent misconduct by incarcerated individuals. 16 Another study found that legitimacy influenced incar cerated individuals’ decisions to comply with facility rules. 17 A better understanding of how legitimacy works can not only contribute to safer and more se cure prisons, it can also enhance

knowledge of the role of legitimacy in the broader criminal justice system. A past study assessed perceptions of legitimacy as they relate to the criminal justice system. 18 Another examined the perceived legitimacy of the criminal justice system in terms of attitudes toward the institu tions themselves and practitioners within them. 19 Both studies found that implementing legitimacy-build ing policies, such as procedurally fair treatment in correctional facilities, could improve compliance during and after incarceration. Those findings are important to our understanding of the prison experience; however, our collective understanding of legitimacy within the criminal justice system is hin dered by the lack of such research concerning jails. Thousands of people cycle through American jails and for many, incarceration in jail is a relatively brief experience. But for some, particularly for persons who are part of a racial or ethnic minority group or those with a lower socio economic status, incarceration may be lengthy and highly burdensome. 20

18 — March/April 2023 Corrections Today