Voices from a Southern Prison

Notes

Notes Introduction 1. See, e.g., Blumstein, ‘‘American Prisons.’’ 2. See, e.g., DiIulio, ‘‘Help Wanted.’’ For a general overview of this debate, see Beale, ‘‘Rethinking Federal Criminal Law.’’ 3. Gilliard and Beck, ‘‘Prisoners in 1993’’; Gilliard, ‘‘Prison and Jail Inmates at Midyear 1998.’’ 4. The KSR lawsuit was consolidated with Kendrick v. Bland, a similar case concerning conditions of confinement at the Kentucky State Penitentiary in Eddyville . Although the two cases were interwoven throughout the litigation and this book makes various references to the Eddyville case, this work focuses primarily on the KSR litigation and the lives of major participants in that case. 5. Yackle, Reform and Regret, 8–12; see also Chilton, Prisons under the Gavel, 2–3. 6. Crouch and Marquart, Appeal to Justice, 4–6. 7. 378 U.S. 546 (1964). The decision in Cooper was a brief, per curiam opinion , which means that it is the opinion of the Court as an institution rather than 261 an opinion written by an individual justice for the Court. Such an opinion usually indicates that the legal proposition and its application to the case is, in the justices’ view, beyond serious question. 8. Chilton, Prisons under the Gavel, 4–6; Crouch and Marquart, Appeal to Justice, 6–7; Yackle, Reform and Regret, 3–8. 9. Chilton, Prisons under the Gavel, ix, 107. 10. Yackle, Reform and Regret, viii. 11. Crouch and Marquart, Appeal to Justice, 2, 11–12, 226–233; Martin and Ekland-Olson, Texas Prisons, 238–239. 12. DiIulio, Governing Prisons, 6–7, 246–250. 13. Yarbrough, Judge Frank Johnson, 212–214, 227–228. 14. Feeley and Rubin, Judicial Policy Making, 3–7. 15. Ibid., 12–15, 18, 338–339, 341–344. 16. Chilton, Prisons under the Gavel, 75. 17. Crouch and Marquart, Appeal to Justice, 238. 18. DiIulio, Governing Prisons, 235; Crouch and Marquart, Appeal to Justice, 229, 237. 19. DiIulio, Governing Prisons, 256. 20. Crouch and Marquart, Appeal to Justice, 238. Judge Johnstone 1. See, e.g., Grossman, ‘‘Social Backgrounds.’’ See also Dorsen, ‘‘A Change in Judicial Philosophy?’’; Ulmer, ‘‘Are Social Background Models Time-Bound?’’; Tate and Handberg, ‘‘Time Binding.’’ 2. See, e.g., Carrington, ‘‘Of Law and the River.’’ See also Segal and Spaeth, Supreme Court and the Attitudinal Model; Ashenfelter, Eisenberg, and Schwab, ‘‘Politics and the Judiciary.’’ 3. Sisk, Heise, and Morriss, ‘‘Charting the Influences on the Judicial Mind.’’ 4. Ibid., 1477–1478. 5. ‘‘W. C. Johnstone: A New Kind of Pioneer.’’ 6. U.S. Senate Committee on the Judiciary, Hearing, 6. 7. Yarbrough, Judge Frank Johnson, 33–152. 8. 347 U.S. 483 (1954) (holding that segregation of children in public schools solely on the basis of race deprives minority children of equal-education opportunities in violation of the Equal Protection Clause of the FourteenthAmendment to the U.S. Constitution). 9. 356 U.S. 86 (1958). 10. Holt v. Sarver, 300 F. Supp. 825 (E.D. Ark. 1969). 11. Hutto v. Finney, 437 U.S. 678 (1978). 262 Notes 12. Pugh v. Locke, 406 F. Supp. 318 (M.D. Ala. 1976). 13. Yackle, Reform and Regret, 108–167. Wilgus 1. Caudill, Night Comes to the Cumberlands. Caudill’s version of Appalachian history is controversial, and it should not be considered fully accurate or universally accepted. For contrasting views of this history, see Eller, ‘‘Harry Caudill and the Burden of Mountain Liberalism’’; Salstrom, Appalachia’s Path to Dependency; Rasmussen, Absentee Landowning; Dunaway, First American Frontier. The sole purpose in describing Caudill’s version of Appalachian history is to provide a broad context for understanding Haddix’s background, since the oral history of Haddix’s maternal ancestors dovetails with at least a portion of Appalachian history as described by Caudill. Walter 1. Richard R. Korn, ‘‘An Examination of Conditions at the Kentucky State Penitentiary and the Kentucky State Reformatory,’’ in possession of author, 14. 2. Theodore J. Gordon, ‘‘Report on Environmental Health and Safety Standards of the Kentucky Bureau of Corrections’ Facilities at Eddyville and LaGrange , Kentucky,’’ in possession of author, 5–17. 3. Martinson, ‘‘What Works?’’ 4. Blumstein, ‘‘American Prisons.’’ 5. Korn, ‘‘Examination,’’ 14–15. 6. David Fogel, ‘‘Visit to LaGrange Reformatory, Kentucky, November 16–17, 1979,’’ in possession of author, 19–20. Politics and Litigation 1. Chilton, for example, estimates that the total cost of the Georgia prisonreform litigation exceeded $250 million, even allowing for the impact of other factors, such as inflation, on the state’s...