The hedonic consequences of punishment revisited

Journal of Criminal Law and Criminology

Volumn 104, Issue 1, 2014, Pages 133-163

  Wildeman, Christopher ^a   Turney, Kristin ^b   Schnittker, Jason ^c  

^a YALE UNIVERSITY   (United States)

^b UNIVERSITY OF CALIFORNIA   (United States)

^c UNIVERSITY OF PENNSYLVANIA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84893527811     PISSN: 00914169     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (124)

1. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
2. David Gray, Punishment as Suffering, 63 Vand. L. Rev. 1619 (2010)
3. Dan Markel et al., Beyond Experience: Getting Retributive Justice Right, 99 Calif. L. Rev. 605 (2011). Both articles argue against the subjectivist line of inquiry in general and propose an objectivist account based on redistributive justice.
4. Gresham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison 63-83 (2007).
5. Invisible Punishment: The Collateral Consequences of MassImprisonment (Marc Mauer & Meda Chesney-Lind eds., 2002) (providing one of the first edited volumes on this general topic).
6. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
7. David Gray, Punishment as Suffering, 63 Vand. L. Rev. 1619 (2010)
8. Dan Markel et al., Beyond Experience: Getting Retributive Justice Right, 99 Calif. L. Rev. 605 (2011). Both articles argue against the subjectivist line of inquiry in general and propose an objectivist account based on redistributive justice.
9. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
10. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
11. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
12. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
13. Jason Schnittker et al., Out and Down: Incarceration and Psychiatric Disorders, 53 J. Health & Soc. Behav. 448 (2012) (arguing that prior incarceration is associated with poor mental health and that some of this association results from causal effects of incarceration).
14. Alexis de Tocqueville, Democracy in America (Arthur Goldhammer trans., 2004) (1835).
15. Gresham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison 63-83 (2007).
16. Donald Clemmer, The Prison Community (1940).
17. Erving Goffman, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates (1961).
18. Michel Foucault, Discipline and Punish: The Birth of the Prison(Alan Sheridan trans., 1977) (1975).
19. Gresham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison 63-83 (2007).
20. Devah Pager, The Mark of a Criminal Record, 108 Am. J. Soc. 937, 961 (2003) (considering how random assignment of a drug felony influences the probability of receiving a callback for a job in Milwaukee and finding substantial negative effects).
21. Bruce Western, The Impact of Incarceration on Wage Mobility and Inequality, 67 Am. Soc. Rev. 526, 541-42 (2002) (showing that incarceration leads to stagnations in wage growth that contribute modestly to black-white earnings inequality).
22. For a review of the broader literature on the consequences of incarceration for labor market outcomes, see Sara Wakefield & Christopher Uggen, Incarceration and Stratification, 36 Ann. Rev. Soc. 387, 394-96 (2010).
23. For three qualitative studies in this vein, see generally Donald Braman, Doing TIME on the Outside: Incarceration and Family Life in Urban America (2004) (providing a broad overview of the consequences of incarceration for family life through an ethnographic analysis of a high-incarceration neighborhood in the District of Columbia).
24. Megan Comfort, Doing Time Together: Love and Family in the Shadow of the Prison (2008) (employing ethnographic methods and interviews to show how having a romantic partner incarcerated is both advantageous and damaging for women).
25. Anne Nurse, FatherhoodArrested: Parenting from Within the Juvenile Justice System (2002) (showing how incarceration changes paternal involvement).
26. For three quantitative studies in this vein, see generally Leonard M. Lopoo & Bruce Western, Incarceration and the Formation and Stability of Marital Unions, 67 J. Marriage & Fam. 721, 731-32 (2005) (demonstrating that currently but not formerly incarcerated men are more likely to divorce and less likely to marry).
27. Michael Massoglia et al., Stigma or Separation? Understanding the Incarceration-Divorce Relationship, 90 Soc. Forces 133, 149 (2011) (showing that the incarceration-divorce relationship is driven by time spent apart).
28. Christopher Wildeman, Jason Schnittker & Kristin Turney, Despair by Association? The Mental Health of Mothers with Children by Recently Incarcerated Fathers, 77 Am. Soc. Rev. 216, 217-18, 234 (2012) (showing that women who share children with recently incarcerated men are more dissatisfied and more likely to be depressed than their counterparts).
29. For a review, see generally Christopher Wildeman & Christopher Muller, Mass Imprisonment and Inequality in Health and Family Life, 8 Ann. Rev. L. & Soc. Sci. 11 (2012).
30. For recent empirical work on this subject, see, for example, Rucker C. Johnson & Steven Raphael, The Effects of Male Incarceration Dynamics on Acquired Immune Deficiency Syndrome Infection Rates Among African American Women and Men, 52 J.L. & Econ. 251, 286 (2009) (showing that racial disparities in imprisonment explain the lion's share of racial disparities in AIDS infection rates).
31. Michael Massoglia, Incarceration as Exposure: The Prison, Infectious Disease, and Other Stress-Related Illnesses, 49 J. Health& Soc. Behav. 56, 66-67 (2008) [hereinafter Massoglia, Incarceration as Exposure] (demonstrating that a history of incarceration is associated with significantly elevated risks of infectious and stress-related diseases at age forty).
32. Michael Massoglia, Incarceration, Health, and Racial Disparities in Health, 42 Law & Soc'y Rev. 275, 290-93 (2008) [hereinafter Massoglia, Incarceration, Health, and Racial Disparities] (showing that prior incarceration is associated with substantial declines in self-rated health).
33. Jason Schnittker & Andrea John, Enduring Stigma: The Long-Term Effects of Incarceration on Health, 48 J. Health & Soc. Behav. 115, 121-23 (2007) (showing that current incarceration is associated with a greater likelihood of severe health limitations and a history of incarceration is linked with increases in those health problems).
34. For one recent review, see Jason Schnittker et al., Incarceration and the Health of the African American Community, 8 Du Bois Rev. 133 (2011).
35. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
36. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
37. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
38. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
39. Philip Brickman et al., Lottery Winners and Accident Victims: Is Happiness Relative?, 36 J. Personality & Soc. Psychol. 917, 923-24 (1978).
40. Ed Diener et al., Subjective Well-Being: Three Decades of Progress, 125 Psychol. Bull. 276, 286 (1999).
41. Richard E. Lucas et al., Reexamining Adaptation and the Set Point Model of Happiness: Reactions to Changes in Marital Status, 84 J. Personality & Soc. Psychol. 527, 535-36 (2003).
42. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
43. Gresham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison 63-83 (2007).
44. Megan Comfort, Doing Time Together: Love and Family in the Shadow of the Prison (2008) (employing ethnographic methods and interviews to show how having a romantic partner incarcerated is both advantageous and damaging for women).
45. Anne Nurse, FatherhoodArrested: Parenting from Within the Juvenile Justice System (2002) (showing how incarceration changes paternal involvement).
46. Furthermore, although existing literature suggests most prisoners adapt to routinization of prison life, some do not.
47. Chester Himes, The Collected Stories of Chester Himes 153 (1990). As Chester Himes notes in his fictional yet highly insightful short story Prison Mass, "He had been incarcerated for nine years but, in spite of that, he had never become amenable to prison discipline. The life of prescribed routine irked him intensely-to eat, sleep, talk, awake by formula. Breakfast at seven, dinner at eleven, supper at three, bedtime at nine. "
48. A passage in the Himes story shows this change in identity.
49. Chester Himes, The Collected Stories of Chester Himes 153 (1990). As Chester Himes notes in his fictional yet highly insightful short story Prison Mass, "He had been incarcerated for nine years but, in spite of that, he had never become amenable to prison discipline. The life of prescribed routine irked him intensely-to eat, sleep, talk, awake by formula. Breakfast at seven, dinner at eleven, supper at three, bedtime at nine. "
50. Such isolation often pushes inmates to their limits.
51. Craig Haney, Reforming Punishment: Psychological Limits to the Pains of Imprisonment 206, 208, 215, 256-260 (2006).
52. Donald Clemmer, The Prison Community (1940).
53. Erving Goffman, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates (1961).
54. Gresham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison 63-83 (2007).
55. Shane Frederick & George Loewenstein, Hedonic Adaptation, in Well-Being: TheFoundations of Hedonic Psychology 302, 302-03 (Daniel Kahneman et al. eds., 1999).
56. J. Stephen Wormith, The Controversy Over the Effects of Long-Term Incarceration, 26 Can. J. Criminology 423, 431-33 (1984).
57. Peter Suedfeld et al., Reactions and Attributes of Prisoners in Solitary Confinement, 9 Crim. Just. & Behav. 303, 333-36 (1982).
58. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
59. For the first quantitative study in this area, see Bruce Western & Katherine Beckett, How Unregulated Is the U.S. Labor Market? The Penal System as a Labor Market Institution, 104 Am. J. Soc. 1030 (1999).
60. Bruce Western, Punishment and Inequality in America 110-11 (2006).
61. Devah Pager, The Mark of a Criminal Record, 108 Am. J. Soc. 937, 961 (2003) (considering how random assignment of a drug felony influences the probability of receiving a callback for a job in Milwaukee and finding substantial negative effects).
62. Bruce Western, The Impact of Incarceration on Wage Mobility and Inequality, 67 Am. Soc. Rev. 526, 541-42 (2002) (showing that incarceration leads to stagnations in wage growth that contribute modestly to black-white earnings inequality).
63. Alexes Harris et al., Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States, 115 Am. J. Soc. 1753, 1773 (2010).
64. Alexes Harris et al., Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States, 115 Am. J. Soc. 1753, 1773 (2010).
65. Amanda Geller & Marah A. Curtis, A Sort of Homecoming: Incarceration and the Housing Security of Urban Men, 40 Soc. Sci. Res. 1196 (2011).
66. Barrett A. Lee et al., The New Homelessness Revisited, 36 Ann. Rev. Soc. 501, 510 (2010).
67. For three quantitative studies in this vein, see generally Leonard M. Lopoo & Bruce Western, Incarceration and the Formation and Stability of Marital Unions, 67 J. Marriage & Fam. 721, 731-32 (2005) (demonstrating that currently but not formerly incarcerated men are more likely to divorce and less likely to marry).
68. Michael Massoglia et al., Stigma or Separation? Understanding the Incarceration-Divorce Relationship, 90 Soc. Forces 133, 149 (2011) (showing that the incarceration-divorce relationship is driven by time spent apart).
69. Megan Comfort, Doing Time Together: Love and Family in the Shadow of the Prison (2008) (employing ethnographic methods and interviews to show how having a romantic partner incarcerated is both advantageous and damaging for women).
70. For three quantitative studies in this vein, see generally Leonard M. Lopoo & Bruce Western, Incarceration and the Formation and Stability of Marital Unions, 67 J. Marriage & Fam. 721, 731-32 (2005) (demonstrating that currently but not formerly incarcerated men are more likely to divorce and less likely to marry).
71. Anne Nurse, FatherhoodArrested: Parenting from Within the Juvenile Justice System (2002) (showing how incarceration changes paternal involvement).
72. Kathryn Edin et al., Fatherhood and Incarceration as Potential Turning Points in the Criminal Careers of Unskilled Men, in Imprisoning America: The Social Effects of Mass Incarceration 46 (Mary Pattillo et al. eds., 2004).
73. For three quantitative studies in this vein, see generally Leonard M. Lopoo & Bruce Western, Incarceration and the Formation and Stability of Marital Unions, 67 J. Marriage & Fam. 721, 731-32 (2005) (demonstrating that currently but not formerly incarcerated men are more likely to divorce and less likely to marry).
74. Amanda Geller & Irwin Garfinkel, Paternal Incarceration and Father Involvement in Fragile Families 18 (Nat'l Ctr. for Fam. & Marriage Res., Working Paper No. WP-12-10, 2012), available at http://goo.gl/x1fjkM.
75. Kristin Turney & Christopher Wildeman, Redefining Relationships: Explaining the Countervailing Consequences of Paternal Incarceration for Parenting 30-31 (Nat'l Ctr. for Fam. & Marriage Res., Working Paper No. WP-13-01, 2013), available at http://goo.gl/i3bp3m.
76. For three examples, see Norval D. Glenn & Charles N. Weaver, The Contribution of Marital Happiness to Global Happiness, 43 J. Marriage & Fam. 161 (1981).
77. Linda J. Waite, Does Marriage Matter?, 32 Demography 483 (1995).
78. Kristi Williams et al., Nonmarital Childbearing, Union History, and Women's Health at Midlife, 76 Am. Soc. Rev. 465 (2011).
79. For three recent examples, see generally Evelyn J. Patterson, Incarcerating Death: Mortality in U.S. State Correctional Facilities, 1985-1998, 47 Demography 587 (2010).
80. David L. Rosen et al., All-Cause and Cause-Specific Mortality Among Black and White North Carolina State Prisoners, 1995-2005, 21 Annals Epidemiology 719 (2011).
81. Anne C. Spaulding et al., Prisoner Survival Inside and Outside of the Institution: Implications for Health-Care Planning, 173 Am. J. Epidemiology 479 (2011).
82. Jason Schnittker & Andrea John, Enduring Stigma: The Long-Term Effects of Incarceration on Health, 48 J. Health & Soc. Behav. 115, 121-23 (2007) (showing that current incarceration is associated with a greater likelihood of severe health limitations and a history of incarceration is linked with increases in those health problems).
83. For one example, see Marah A. Curtis, The Effect of Incarceration on Urban Fathers' Health, 5 Am. J. Mens Health 341, 346 (2010).
84. Jason Schnittker et al., Out and Down: Incarceration and Psychiatric Disorders, 53 J. Health & Soc. Behav. 448 (2012) (arguing that prior incarceration is associated with poor mental health and that some of this association results from causal effects of incarceration).
85. Kristin Turney et al., As Fathers and Felons: Explaining the Effects of Current and Recent Incarceration on Major Depression, 53 J. Health Soc. Behav. 465 (2012).
86. Michael Massoglia, Incarceration, Health, and Racial Disparities in Health, 42 Law & Soc'y Rev. 275, 290-93 (2008) [hereinafter Massoglia, Incarceration, Health, and Racial Disparities] (showing that prior incarceration is associated with substantial declines in self-rated health).
87. Jason Schnittker & Andrea John, Enduring Stigma: The Long-Term Effects of Incarceration on Health, 48 J. Health & Soc. Behav. 115, 121-23 (2007) (showing that current incarceration is associated with a greater likelihood of severe health limitations and a history of incarceration is linked with increases in those health problems).
88. Michael Massoglia, Incarceration, Health, and Racial Disparities in Health, 42 Law & Soc'y Rev. 275, 290-93 (2008) [hereinafter Massoglia, Incarceration, Health, and Racial Disparities] (showing that prior incarceration is associated with substantial declines in self-rated health).
89. Jason Schnittker et al., Out and Down: Incarceration and Psychiatric Disorders, 53 J. Health & Soc. Behav. 448 (2012) (arguing that prior incarceration is associated with poor mental health and that some of this association results from causal effects of incarceration).
90. J. Stephen Wormith, The Controversy Over the Effects of Long-Term Incarceration, 26 Can. J. Criminology 423, 431-33 (1984).
91. Peter Suedfeld et al., Reactions and Attributes of Prisoners in Solitary Confinement, 9 Crim. Just. & Behav. 303, 333-36 (1982).
92. Evelyn J. Patterson & Samuel H. Preston, Estimating Mean Length of Stay in Prison: Methods and Applications, 24 J. Quantitative Criminology 33, 35 (2008).
93. Donald Clemmer, The Prison Community (1940).
94. Anne Nurse, FatherhoodArrested: Parenting from Within the Juvenile Justice System (2002) (showing how incarceration changes paternal involvement).
95. Seena Fazel & John Danesh, Serious Mental Disorder in 23,000 Prisoners: A Systematic Review of 62 Surveys, 359 Lancet 545 (2002).
96. Ronald Blackburn et al., Big Five or Big Two? Superordinate Factors in the NEO Five Factor Inventory and the Antisocial Personality Questionnaire, 37 Personality & Individual Differences 957 (2004).
97. Amanda Geller et al., Beyond Absenteeism: Father Incarceration and Child Development, 49 Demography 49 (2012) (suggesting that estimated effects of paternal incarceration are stronger than those of other forms of father absence, requiring specialized support for children of incarcerated fathers).
98. Christopher Wildeman, Jason Schnittker & Kristin Turney, Despair by Association? The Mental Health of Mothers with Children by Recently Incarcerated Fathers, 77 Am. Soc. Rev. 216, 217-18, 234 (2012) (showing that women who share children with recently incarcerated men are more dissatisfied and more likely to be depressed than their counterparts).
99. Christopher Wildeman, Paternal Incarceration and Children's Physically Aggressive Behaviors: Evidence from the Fragile Families and Child Wellbeing Study, 89 Soc. Forces 285 (2010) (suggesting that parental incarceration of fathers is associated with increased physical aggression for sons but not daughters).
100. For one example, see Marah A. Curtis, The Effect of Incarceration on Urban Fathers' Health, 5 Am. J. Mens Health 341, 346 (2010).
101. Amanda Geller & Marah A. Curtis, A Sort of Homecoming: Incarceration and the Housing Security of Urban Men, 40 Soc. Sci. Res. 1196 (2011).
102. For further information about the study design, see generally Nancy E. Reichman et al., Fragile Families: Sample and Design, 23 Child. & Youth Services Rev. 303, 308-09 (2001).
103. Of the 4,898 men in the sample, we drop the 1,739 (36%) men who did not participate in the five-year survey and an additional 14 (< 1%) men missing data on happiness at the five-year survey. Those in the analytic sample are, on average, more advantaged than those in the full sample.
104. For example, men in the analytic sample are less likely to be currently incarcerated, are more likely to have education beyond high school, and are more likely to be married or cohabiting with their child's mother.
105. Few observations in the analytic sample were missing data on other variables because of item nonresponse, and we used multiple imputation procedures to preserve these observations.
106. Paul D. Allison, Missing Data 136 (2002).
107. Patrick Royston, Multiple Imputation of Missing Values: Further Update of Ice, with an Emphasis on Interval Censoring, 7 Stata J. 445 (2007).
108. For an explanation on how these comparisons were carried out, see generally Robert J. LaLonde, Evaluating the Econometric Evaluations of Training Programs with Experimental Data, 76 Am. Econ. Rev. 604 (1986).
109. Edward E. Leamer, Let's Take the Con Out of Econometrics, 73 Am. Econ. Rev. 31 (1983).
110. Amanda Geller et al., Beyond Absenteeism: Father Incarceration and Child Development, 49 Demography 49 (2012) (suggesting that estimated effects of paternal incarceration are stronger than those of other forms of father absence, requiring specialized support for children of incarcerated fathers).
111. J. Stephen Wormith, The Controversy Over the Effects of Long-Term Incarceration, 26 Can. J. Criminology 423, 431-33 (1984).
112. Peter Suedfeld et al., Reactions and Attributes of Prisoners in Solitary Confinement, 9 Crim. Just. & Behav. 303, 333-36 (1982).
113. Scott J. Dickman, Functional and Dysfunctional Impulsivity: Personality and Cognitive Correlates, 58 J. Personality & Soc. Psychol. 95 (1990) (describing the method and use of the impulsivity scales).
114. Although we would also like to consider the long-term consequences of incarceration for happiness, we include prior incarceration as a control variable rather than an explanatory variable because the timing of prior incarceration is insufficiently precise for us to provide a strong causal test of the consequences of prior incarceration for happiness.
115. Depression was measured by responses to the Composite International Diagnostic Interview Short Form (CIDI-SF) Version 1.0. For other examples of its use, see generally Ronald C. Kessler et al., The World Health Organization Composite International Diagnostic Interview Short-Form (CIDI-SF), 7 Int'l J. Methods Psychiatric Res. 171 (1998).
116. Ronald C. Kessler & T. Bedirhan Üstün, The World Mental Health (WMH) Survey Initiative Version of the World Health Organization (WHO) Composite International Diagnostic Interview (CIDI), 13 Int'l J. Methods Psychiatric Res. 93 (2004).
117. Although the correlation matrix is not shown in the text of this Article, we nonetheless discuss the results from it in the text.
118. When generating the propensity score, we include all control variables included in the OLS regression models, as well as age squared, age cubed, impulsivity squared, and impulsivity cubed. We drop observations in which men are recently incarcerated when matching on current incarceration and drop observations in which men are currently incarcerated when matching on recent incarceration. Our findings were robust to different specifications.
119. Although not depicted, the correlation matrix is on file and available upon request from the authors and the Journal of Criminal Law and Criminology.
120. Michael R. Gottfredson & Travis Hirschi, A General Theory of Crime (1990) (arguing that low self-control-also known as high impulsivity-is the primary cause of crime).
121. Ed Diener et al., Subjective Well-Being: Three Decades of Progress, 125 Psychol. Bull. 276, 286 (1999).
122. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
123. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).
124. John Bronsteen et al., Happiness and Punishment, 76 U. Chi. L. Rev. 1037, 1041 (2009) (arguing that to know the range of the hedonic consequences of imprisonment, we must know the immediate and lasting consequences of imprisonment for happiness).