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January 17, 2019
M
The Structural Violence of Hyperincarceration
r. M., an uninsured,
44-year-old Puerto Rican man
with chronic back pain, diabetes,
The advocate reassured him in
Spanish that the doctor was trust-
worthy and urged him to speak
frankly about his health problems,
hypertension, asthma, and a his- including his challenges in obtain-
tory of incarceration presented to ing medication. Embarrassed, Mr.
a free clinic with acute exacerba- M. reported that during recent
tion of back pain triggered by car- back-pain exacerbations he occa-
rying heavy loads of trash at work. sionally resorted to purchasing one
A premedical student acting as his or two 5-mg oxycodone tablets in
health care advocate accompa- the open-air drug market operat-
nied him. ing on the inner-city block where
Mr. M. was hesitant to seek he lived. The physician gave Mr.
health care because he had no M. ibuprofen and a prescription
health insurance and mistrusted for five 5-mg oxycodone tablets,
institutions as a result of his ex- enrolled him in the clinic’s diabe-
tensive negative experiences with tes and hypertension programs,
the criminal justice system. He was and scheduled a follow-up visit.
visibly nervous in the unfamiliar Mr. M. never filled the pre-
institutional environment of the scription and did not return to
clinic, which had no Latino staff the clinic, despite repeated en-
and was located in a middle-class treaties by the advocate both in
neighborhood far from his home. person and over the phone. Mr.
M.’s pain had eased, and he their supply, they rationed their his prescription or return to the
claimed to be managing his dia- doses for use only on the days clinic for fear of being rearrested
betes, hypertension, and asthma when they “felt symptoms.” Fi- after admitting to the doctor that
by splitting medication with in- nally, 8 months later, Mr. M. ad- he had purchased oxycodone ille-
sured family members. To stretch mitted that he had not dared fill gally.
Background
Mr. M. — whom we met while In 2000, Mr. M. was released fraction of tardiness despite Mr.
conducting anthropologic field- with 5 years of parole. Determined M.’s otherwise conscientious legal
work on HIV, violence, and sub- to stay free, he stopped all sub- adherence to the terms of his su-
stance abuse in a poor, segregated stance use and resisted tempta- pervision. A 1972 U.S. Supreme
Puerto Rican neighborhood in tions to support his family by Court case, Morrissey v. Brewer, re-
Philadelphia1 — had sold drugs reentering his neighborhood’s nar- duced the rights of parolees and
as an adolescent before being cotics trade. He obtained a part- granted parole officers the discre-
incarcerated for 10 years for man- time job cleaning office buildings tionary authority to reincarcerate
slaughter. In prison, he witnessed downtown for minimum wage to supervisees on such technicalities
rape, fought off predatory in- obtain the tax-declared paycheck without a trial or access to legal
mates with homemade shanks, required by his parole officer. counsel.
survived a riot, and was beaten Mr. M.’s work schedule, however, For 4 years, Mr. M. qualified
by guards. When he was treated occasionally made him a few min- for health benefits through a sec-
for injuries in the prison clinic, utes late for his appointments, ond job as an industrial welder,
he perceived the medical staff as and his parole officer repeatedly until he injured his back moving
hostile and aligned with prison threatened to reincarcerate him equipment and was subsequently
authorities. for the minor administrative in- laid off as part of Philadelphia’s
ongoing industrial downsizing. tor employment, and his part-time initially declined to expand eligi-
His criminal record disqualified income disqualified him from bility under the Affordable Care
him from better-paid service-sec- Medicaid because Pennsylvania Act (ACA).
the inner-city poor, rather than counteract many of the dangers ship between Johns Hopkins and
the product of an individual pa- of this reentry phase. One model local job-training and community-
tient’s willful nonadherence. We is the Transitions Clinic Network, reentry programs — health care
suggest the following approaches which meets with released pris- systems have invested in training
for clinician engagement. oners to schedule appointments and employing formerly incarcer-
1. Health care organizations can immediately on their reentry into ated people. Physicians can use
design clinical services that counteract society and pairs them with com- their status within health care
structural violence. Like most forms munity health workers with a his- institutions3 to advocate for inter-
of structural violence, incarcera- tory of incarceration, who inte- ventions that target upstream
tion causes harm by typical mech- grate patients into a fuller set of structures to improve patient
anisms that can be identified and social services, including employ- health.
counteracted. For example, when ment-support programs. 3. Physicians can advocate for policy
people are released from prison, 2. Clinicians can leverage their sta- change. Before Pennsylvania finally
they begin an especially high-risk tus within health care systems to im- expanded its Medicaid program,
phase, as they enter an unstable plement structural interventions. The Mr. M. fell into a health care
social world that heightens their barriers to care that Mr. M. faced coverage gap. An advocacy move-
exposure to interpersonal violence, stemmed largely from his inabil- ment involving clinicians could
overdose, unemployment, food in- ity to obtain stable, high-quality have added pressure on the state
security, homelessness, stigma, employment.For instance, people legislature to fully expand Medic-
and lack of access to high-quality with criminal records are often aid earlier. Physicians’ credibility
medical care. Furthermore, as in disqualified by law and institu- could be used to leverage formal
Mr. M.’s case, extended experi- tional policy from employment in statements by health care institu-
ence with punitive institutions the health care sector, which in tions favoring policy changes that
(such as prison and parole) can many cities, including Philadel- would benefit vulnerable patients.3
result in reflexive mistrust of well- phia, is the largest source of jobs. Citing the effects of hyperincar-
intentioned providers of medical Meanwhile, hospitals and clinics ceration and other structural vio-
or social services. Culturally ap- struggle to fill entry-level posi- lence on health disparities, clini-
propriate, welcoming systems that tions as the demand for medical cians can effectively engage in
provide a bridge to community- services grows. In notable in- efforts to reform nationwide crim-
based care after incarceration can stances — such as the partner- inal justice and other policies.
Case Follow-up
After Pennsylvania expanded Med- for Mr. M. and millions of other of parole or probation. Physi-
icaid in 2015, Mr. M. had reli- low-income Americans. cians’ scientific credibility and
able access to care for the first Mr. M.’s case demonstrates the caregiving mission contribute to
time since he left prison. His vi- urgent need to address the health their potential to lead efforts to
sion was already failing, how challenges faced by millions of mobilize local institutional re-
ever, and he had decreased sen- people after three decades of sys- sources, promote national poli-
sation in his feet. Mr. M. now tematic hyperincarceration. Jails cy change, and improve care for
visits a primary care physician discharge approximately 9 mil- this vulnerable population. Rec-
regularly and has lost more than lion inmates each year. During ognizing the health consequences
30 pounds in the past 2 years. 2015 alone, more than 640,000 of hyperincarceration and other
But his economic situation re- people were released from pris- forms of structural violence can
mains precarious, undermining ons and federal facilities, and ac- be a first step toward improv-
his ability to attend medical visits. cording to the Bureau of Justice ing population-level health out-
Furthermore, Republican efforts Statistics, more than 2 million comes.
to dismantle the ACA and restrict remained incarcerated in state or The editors of the Case Studies in Social
Medicaid and Med federal prisons or local jails and Medicine are Scott D. Stonington, M.D.,
An audio interview Ph.D., Seth M. Holmes, Ph.D., M.D., Hele-
with Dr. Karandinos icare could threaten nearly 4.7 million were subject to na Hansen, M.D., Ph.D., Jeremy A. Greene,
is available at NEJM.org health care access punitive monitoring in the form M.D., Ph.D., Keith A. Wailoo, Ph.D., Debra
Malina, Ph.D., Stephen Morrissey, Ph.D., and the Semel Institute of Neuroscience, ties in clinical care. Acad Med 2017;92:299-
Paul E. Farmer, M.D., Ph.D., and Michael G. University of California, Los Angeles, Los 307.
Marmot, M.B., B.S., Ph.D. Angeles (P.B.). 4. Wacquant L. Punishing the poor: the
The initial and other identifying charac- neoliberal government of social insecurity.
teristics of the patient have been changed 1. Karandinos G, Hart LK, Castrillo FM, Durham, NC:Duke University Press, 2009.
to protect his privacy. Bourgois P. The moral economy of violence 5. Nosrati E, Ash M, Marmot M, McKee M,
Disclosure forms provided by the authors in the US inner city. Curr Anthropol 2014;55: King LP. The association between income
are available at NEJM.org. 1-22. and life expectancy revisited: deindustrial-
2. Farmer PE, Nizeye B, Stulac S, Keshavjee ization, incarceration and the widening
From Harvard Medical School, Boston, and S. Structural violence and clinical medicine. health gap. Int J Epidemiol 2017 November
the Department of Anthropology, Harvard PLoS Med 2006;3(10):e449. 22 (Epub ahead of print).
University, Cambridge — both in Massa- 3. Bourgois P, Holmes SM, Sue K, Quesada
chusetts (G.K.); and the Department of An- J. Structural vulnerability: operationaliz- DOI: 10.1056/NEJMp1811542
thropology, the Center for Social Medicine, ing the concept to address health dispari- Copyright © 2019 Massachusetts Medical Society.
The Structural Violence of Hyperincarceration
Climate Change