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

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.