The Prison Rape Elimination Act: Implementation and Unresolved Issues

10 Pages Posted: 6 May 2008

See all articles by Brenda V. Smith

Brenda V. Smith

American University - Washington College of Law; American University - NIC/WCL Project on Addressing Prison Rape

Date Written: 2008

Abstract

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background of the Act and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

JEL Classification: K14, K40, K42, K49, Z00

Suggested Citation

Smith, Brenda V., The Prison Rape Elimination Act: Implementation and Unresolved Issues (2008). American University, WCL Research Paper No. 2008-49, Available at SSRN: https://ssrn.com/abstract=1129810

Brenda V. Smith (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

American University - NIC/WCL Project on Addressing Prison Rape ( email )

4801 Massachusetts Avenue, NW
Washington, DC 20011
United States

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