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Virginia Policy Review
A Captive Audience: The Influence of COVID-19 on Prison Policy and Human Rights Reform By Caroline Still Abstract The COVID-19 pandemic has exposed the inefficiencies and inequities of criminal justice systems around the world, shedding a light on the rampant overcrowding and lack of adequate healthcare in prisons in the United States and Latin America, two of the world’s incarceration leaders. This article contrasts COVID-19 policy responses with those of the 1918 Spanish Flu pandemic. In many ways, the Spanish Flu sparked an increase in national, if not global, awareness of germ theory and scientific disease prevention. However, it is clear that the world failed to apply these hard-won lessons to the carceral system in the same way the lessons were applied to other areas of public health policy. The coronavirus pandemic provides a unique opportunity to generate change in areas such as criminal justice reform and human rights. These could take the form of an increased investment in alternative justice programs or the expanded use of home confinement and compassionate release to mitigate overcrowding. Regardless of which policy reforms take place, all eyes will be on the United States to see how the world’s leader in mass incarceration addresses the issues brought to light by the coronavirus pandemic. This could be an opportunity for the United States to redeem its dismal reputation regarding incarceration and reaffirm its commitment to the promotion of human rights. One thing is certain: no one will be following these reforms more closely than the literal captive audiences in the world’s prison systems. Introduction In the span of a few short months, the coronavirus pandemic has completely changed our way of life. On a global level, it has ravaged national and regional economies, closing businesses, restaurants, and universities, and introduced an international depression. As of April 2020, it has caused over 270,000 deaths worldwide (Rosner et al., 2020). On a cultural level, it has introduced new phrases and concepts like “social distancing” and “flattening the curve” into our everyday lexicon. It has made quarantine and self-isolation the new “normal.” It has caused shortages of everyday items like toilet paper, hand sanitizer, and soap. However, there are entire populations that are unable to social distance and lack consistent access to running water, let alone hand sanitizer. These are the inmates of the world’s prisons, and COVID-19 reveals the inadequacy of many prison facilities to appropriately address public health crises like the pandemic. These deficiencies have sparked a global conversation about the rights of
