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9 Just. Sys. J. 291 (1984)
Prison Reform by Judicial Decree: The Unintended Consequences of Ruiz v. Estelle

handle is hein.journals/jusj9 and id is 293 raw text is: PRISON REFORM BY JUDICIAL DECREE:
THE UNINTENDED CONSEQUENCES OF RUIZ V. ESTELLE
GEOFFREY P. ALPERT*
BEN M. CROUCH**
C. RONALD HUFF***
More than two centuries ago, colonial Connecticut was experimenting with a
prison-like regime when it experienced the first prison riot in what is now the
United States (McKay, 1983). Later in the 17th century, the inmates of Newgate
Penitentiary in New York rioted to protest overcrowding, just three years after that
prison opened. Since the invention of the penitentiary, numerous riots, revolts, and
insurrections have taken place in American prisons (Heaps, 1970). There exists a
rich history of the precipitating causes of and proposed solutions to prison riots
(American Correctional Association, 1981), but few efforts have been made to link
these ideas together into systematic theory (Alpert, 1977; Garson, 1972a and 1972b;
Huff, 1983). This article seeks to address that deficiency by extending to prison riots
a theory which has been applied to social revolutions--i.e., rising expectations
theory. Finally, we identify some of the organizational and system dynamics which
can be affected by the growing federal court intervention in the management of
prisons, and we emphasize the importance of improving judicial understanding of
prisons as complex organizations. Our general focus is on court-ordered prison
reform, with specific attention to the most sweeping prison conditions case in A meri-
can history, Ruiz v. Estelle (1980).
Introduction
The history of the world is in part a history of revolutions. As societies
evolved from simple, agrarian, and homogeneous to complex, industrial
and heterogeneous, the level of social conflict (violence, rebellion, and
revolution) increased markedly. One major theoretical perspective which
has been formulated to explain collective responses by those seeking relief
or freedom is the theory of rising expectations. James Davies (1962), in an
influential article, outlined such a theory as applied to revolutions, and we
believe that his ideas and propositions may usefully be extended to the
phenomena of prison riots-not at the grand theory level, but at least as
a useful framework for understanding many prison disturbances.
*Director, Center for the Study of Law and Society, University of Miami.
**Associate Professor of Sociology, Texas A&M University.
***Director, Program for the Study of Crime and Delinquency, Ohio State University.
THE JUSTICE SYSTEM JOURNAL, Volume 9, Number 3 (1984)

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