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Does the open-cell regime foster inmates’ legal capability? Evidence from two Italian prisons

Author

Listed:
  • Lucia Dalla Pellegrina

    (University of Milano-Bicocca)

  • Margherita Saraceno

    (University of Pavia)

Abstract

Evidence emerging from our novel in-prison survey shows that non-criminal legal problems of prison inmates mainly relate to family law matters, contract liability, and administrative procedures. The rate of subjects who face legal issues increases after imprisonment. Employing logit estimation techniques, we test the hypothesis according to which isolation due to imprisonment obstructs legal problem resolution. Results suggest that the open-cell regime has increased the rate of resolution of some family-related problems (divorce and child custody) while not affecting others (legacy issues). Similarly, while common problems with the public administration seem easier to solve under the open-cell regime, those related to contract liability do not. We infer that the open-cell regime may support the resolution of legal problems that usually require standardised approaches. Policy implications supporting the open-cell regime follow.

Suggested Citation

  • Lucia Dalla Pellegrina & Margherita Saraceno, 2021. "Does the open-cell regime foster inmates’ legal capability? Evidence from two Italian prisons," European Journal of Law and Economics, Springer, vol. 52(1), pages 89-135, August.
    • Handle: RePEc:kap:ejlwec:v:52:y:2021:i:1:d:10.1007_s10657-021-09701-w
    DOI: 10.1007/s10657-021-09701-w
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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. 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.
    3. 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.
    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. 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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    More about this item

    Keywords

    Access to justice; Legal needs; Prison conditions;
    All these keywords.

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • H8 - Public Economics - - Miscellaneous Issues
    • I0 - Health, Education, and Welfare - - General

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