Prisons and Prisoners (complete)
Cambridge Study in Delinquent Development
Consistently confirms that the primary reason for less street crimes committed by older people is that they have desisted from these behaviours.
Ex parte St Germain
Courts must serve as 'ultimate custodians of the rights and liberties of the subject, whatever his status...'
Zahid Mubarek (2000)
Racially-motivated murder within prison. Put in a cell with a known racist and nazi sympathiser.
Phillips (2013)
Fatalistic acceptance - BAME prisoners have a reluctance to complain.
Alexander (2010)
Felon disenfranchisement - 48/50 states impose this, affected 6.1 million americans in 2016 election. Has meant the difference in past elections - ie Bush v Al Gore.
Curry (1996)
Study of Oklahoma residents showed that Protestant Conservatives view nearly all crimes as 'very wrong' and did not differentiate in seriousness.
Social learning
Two way communication of content and feeling, listening, interaction and problem solving.
Condemnation script
'Doomed to deviance' victim of the past and the CJS
Shine and Newton (2000)
'For the damaged, disturbed and dangerous.'
Bottoms and McWilliams (1979)
'Non-treatment' paradigm developed by them, at the height of the nothing works backlash. They argued for a shift in thinking in probation away from treatment models towards help models, away from diagnosis to shared assessment and away from client needs towards collaborative defined tasks.
Narey (2001)
'Prison service is an institutionally racist organisation, which reflects an institutionally racist white society. We have to add to this our knowledge that there are pockets of blatant and malicious racism within the service. It is time to face up to this'
Cohen and Taylor
'Psychological Survival' book, angered the Home Office. Some felt this work set back the criminology research into prisons. They were blacklisted from research for a while.
Royal College of Psychiatrists (2019)
'a focus on creating a positive and effective social environment and where healthy relationships are seen as the key to success'
s.142 Criminal Justice Act 2003
(1)Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing— (a)the punishment of offenders, (b)the reduction of crime (including its reduction by deterrence), (c)the reform and rehabilitation of offenders, (d)the protection of the public, and (e)the making of reparation by offenders to persons affected by their offences.
Reducing Re-offending National Action Plan
(Home Office 2004) - introduced pathways to resettlement, 7 pathways now. Has been a priority since the Woolf agenda.
Young (1999)
(US) Imprisonment growth reflects major political and economic changes in late modernity
Dickson v UK (2007)
45 year old wife of lifer was denied her rights by refusal of AI.
Strangeways Riot 1990
1-25 April 1990, 147 officers and 47 prisoners injured. One died. £100 million cost to the taxpayer. Led to the Woolf Report.
England and Wales
139 per 100,000 111% occupancy 11% FNPs 83,600 population 27, 921 staff (3:1) 48% reconviction rate (1 year) 10 years old - age of criminal responsibility
22 months
1986 US average prison time served
9 years
2017 US average prison time served
McCann and others
3 members of the IRA shot dead in Gibraltar, even though they were not armed and the car bomb was in another country. Art 2 rights had been violated but no damages awarded
Norway
63 per 100,000 92% occupancy 34% FNPs 3,380 population 3,600 staff (1:1) 20% reconviction rate (2 years) 15 years old - age of criminal responsibility
Cornton Vale
80 bed prison. Accounts for whole population of Scotland, so you have to limit people you are sending in the first place.
Raymond v Honey
A convicted prisoner, in spite of his imprisonment, retails all civil rights which are not taken away expressly or by necessary implication.
Scapegoating
A coping strategy, if you have done something wrong, there is someone else who has done more wrong than you.
Prison culture
An accommodation of all three 1. Thief culture 2. Convict subculture 3. Legitimate value system
Seven Pathways to Reducing Reoffending
Accommodation Mental and physical health Attitudes Children and families Alcohol and drugs Finance, benefits and debt Employment, training and education
Sampson and Laub (1993)
Age-graded theory of informal social control - social bonds can act as turning points. Supervision and monitoring, change and structure to routine activities, and an opportunity for identity transformation.
Burnett (1992)
Agency, self-efficacy, intrinsic motivation. 130 property offenders - 80% wanted to go straight, 25% thought they definitely would, 16% thought they probably would and 5% did not want to go straight.
Ricciardelli and Memarpour (2016)
Agentic rituals and routines - something that gives them back a bit of agency. People will domesticate - ie laundry day, to create 'life pigeon holes'.
Sparks and Farrall (2006)
All the 're-' words imply that this group of people are in some way returned to some state that they had previously occupied. The reintegrated may not have been very integrated in the first place and the reformed may feel as if they need to form themselves all over again.
Wing workers
Also known as the boys in green. - Keep the wing clean - Painting - New prisoner induction - Cleaning cells - Distributing basic provisions - Retrieving food from the kitchens - Serving food
Scoppola v Italy (2012)
An absolute bar on voting by any serving prisoner in any circumstances did not fall within an acceptable margin of appreciation.
Dostoyevsky
Being good requires experiencing good
Autonomy
Another deprivation - reduced to the weak, helpless, dependent status of childhood.
Personal security
Another deprivation - you are put into enforced proximity with dangerous individuals with a clear lack of privacy.
Heterosexual relationships
Another deprivation. Figuratively castrated by involuntary celibacy.
Material goods
Another deprivation. What if you only like eating certain food? Using certain shampoo?
Waggoner (2015)
Anti-othering discourse - high public trust in govt - news media less sensational Homogenity in society - easy in such a country?
Sex offenders
Are hated and despised more than any other offender type, it is also exacerbated by the media.
Type 1 jobs
Are usually carried out inside the prison.
Type 2 jobs
Are usually outside of the prison and are normally more removed from the prison. Full pay but then the prison takes 40%.
Maruna (2006)
Argues that reintegration belongs to communities and ex-prisoners and has been stolen away by the state. Needs a revival of relational rehabilitation.
Right to vote
Article 3 cf. Representation of the People Act 1983 s3
Shammas (2014)
Average prison sentence in Norway was 3 months compared to England's 4 years.
Burnett and Maruna (2004)
Belief and hope that once can desist correlates with actual desistance. Can accurately predict own susceptibility to recidivism.
Retributivist justifications
Backward-looking, punishment justified on the basis that it is justified. 'Just deserts'.
25%
Between 2010-2016 there was this much of a decrease in officer numbers
Keith Inquiry (2006)
Bewildering catalogue of shortcomings, both individual and systemic. Organisational failures and casual disregard for racism. Religious intolerance. Called for abolition of cell sharing, but this has yet to be fully abolished.
Jacobs (1983)
Black prisoners are excluded from some roles and are unlikely to be as committed to the inmate code (as considered by white prisoners and officials)
Population increased
By 27% between 2000-2010 of female prisoners, but they have never made up more than 6% of the whole population.
Distancing
By category, degree of physical contact, consent, premeditation, age of victim, relationship, repeat offending, temporary aberration, shame
Wales
Children first, offenders second
Limited rights
Can be some ways around these, such as liberty, which can be curtailed if someone needs to be incarcerated.
Absolute rights
Cannot be interfered with under any circumstances - but even then a few, the right to kill at times not under the queens peace etc.
HMP Whatton
Category C prison, only houses men convicted of offences of a sexual nature.
Ballbusters
Cause unnecessary friction in the prison
Mathiesen (1965)
Censoriousness - holding prison officers to account, expecting really high standards or claiming your imprisonment is illegitimate.
Interpretivist
Challenge meanings and usages Contest definitions of crime and what is meant by 'what works?' Examine influences of, and contextualise differences within social and legal culture of CJS.
Necessary even in crisis
Chamberlen and Carvalho 2019 - prisons are seen as.... At some point they worked, so we must be able to fix them.
David Garland (2001)
Changes in US punishment have come as a result of late modernity.
Giordano et al (2002)
Cognitive transformation. 1. Cognitive openness to change (motivation) 2. Hooks for change (or turning points/catalyst) 3. Replacement self 4. Transformed view of offending.
Higgins and Ireland (2009)
Compared with the general public and forensic staff, prison officers held the most negative attitudes toward the sex offenders. Even those actually trained to work with these people are torn between personal feelings and stigma and their professional obligations.
Jacobs 1977
Criminal (ethnic) gangs and homecoming ceremonies. People come from gangs on certain estates outside of prison and then enter the same local prisons. YOI now have to keep registers!
Crewe (2007)
Culture reflects both indigenous and imported effects. Distorted and adapted version of prison social life and outside culture. Linking situations from the outside into the prison world.
Ruth Doubleday
Current PhD student at Diff, did the study into staff at Cardiff prison.
Scott (2006)
Prisoner officer role changed over time from gaolers to straight up disciplinarians to late-modern peace keepers.
Cessation
Defining desistance is really difficult, but most agree it begins with the ______________________ of offending
Imprisonment
Deprives people of responsibility and may delay maturation Damages social bonds and weakens ties Cements spoiled identities Routine activities inside the prison are irrelevant to outside life
Harris (2005)
Desistance from crime may be associated with completely different factors than those which predispose a person to crime in the first place.
Porporino
Desistance paradigm suggests we may be better off if we let offenders guide us instead, listening to what they think and fit it to their individual struggles out of crime.
Maturity, agency, social bonds, new self-concept
Desistance requires?
Walters 2003
Deviant knowledge
Sutherland (1939)
Differential association theory - offending learnt through association with peers/family etc. whose values we adopt. offending is reinforced through their approval. Make different friends!
Foucault
Discipline and Punishment - the Birth of the Prison. Looked at the first big reform in punishment, from corporal to incarceration. Change didnt come out of being more humane. Interested in how it exerts control and power over prisoners. Retrieved Bentham's panopticon More subtle and relentless punishment Prison more efficient, forget humane.
Hudson (2003)
Durkheim is vague about the historical process, does not identify when societies change, does not fully engage with power and inequality. Evidence shows a shift from restitution to repressive forms of punishment in advanced capitalist societies.
Margin of appreciation
ECtHR allows for this, exact requirements may be left to the decision of the courts.
Wacquant (US)
Economic deregulation Welfare retrenchment Cultural trope of individual responsibility Expansion of penal apparatus
Hochschild 1983
Emotion work - having to absorb the realities of what you hear from some of the highest level criminals. The content and explicit explanations.
Liebling (2)
Empircal research on the moral quality of life in prison suggests that some prisons are more survivable than others. Stark differences in the moral and emotional climate - interpersonal relationships and treatment.
Release on temporary licence
Enables prisoners who are coming to the end of their sentence to leave prison every day to work in the community. Full pay but the prison takes 40% of this.
Stevens (2013)
Enculturation for residents and staff to the 'TC Way' - you have to learn to get involved. Negotiation and creation of rules. Social participation and group influence. 1/3 of people leave Grendon within the first 3 months because they cannot handle the new way of working.
Pakes and Holt (2017)
England and Wales and Norway are the only two western countries which treat FNPs separately within their prison estates.
Polsky 1971
Ethical difficulties of guilty knowledge
Behan (2012)
Even though Ireland can now use postal votes, turnout is low.
158%
Exeter prison is at what percentage full currently?
Patterson 1993
Exocative interactions create coercive cycles.
Prison abolition
Finds that reform works to preserve the prison system, it has a role within our crisis. If you improve conditions, you make it more legitimate and moral and then you can justify sending more people to prison.
Desistance paradigm
Focuses less on what works and instead on how change works.
Consequential justifications
Forward looking, punishment justified on the basis of preventing future offending, rooted in Bentham's principle of Utilitarianism, Deterrence, Incapacitation, Rehabilitation
Farrington (1992)
Found that for the CSDD sample, self-reported criminal behaviour peaks around 17-18 years old, and decreases sharply during their 20s.
LeBel (2008)
Found that pps feeling stigmatised and socially excluded during a prison based interview were more likely to be reconvicted and reimprisoned in a 10 year follow up study, even after controlling for the number of social problems experienced after release.
Chiricos et al (2007)
Found that those who were formerly labelled were significantly more likely to recidivate within two years than those who were not.
Woolf Report
Found wholly unacceptable and inhumane conditions. Chronic overcrowding. Impoverished regime and unsanitary conditions. Limited support for maintenance of family ties. Arbitrary and oppressive staff. 12 general recommendations and 204 proposals.
Wheeler 1961
From 'kick off' to prisonisation to thoughts of release - U curve.
Enabling environments
From social psychiatry to criminal justice. Environment as experienced emotional state, not clinical intervention. The environment in which the offending programmes are carried out. To enable change, needs to be embedded into every day life for the prisoners.
Real man
Fully embodied code, act as intermediaries to staff and prisons, did their own time without causing issues for others.
Durkheim
Functionalism. Interested in what function prison performs for society as a whole. It is a key institution which can reflect key cultural values and beliefs. Crime can draw people together and strengthen social cohesion. Produce a universal and instant reaction of outrage. Function of punishment = restoring and maintaining social and collective conscience
Positivist
Gather and analyse data Formulate and test hypotheses What works? Seek similarities and differences between different CJS in different countries Consider applicability of some theories
The Telegraph (2018)
Gender equality has seen as many female prison officers assaulted as men
Lappi-Seppala (2007)
Good social policy is the best criminal policy
Invisible Walls Wales
Has been an exceptionally successful project, which has had a significant impact on the lives of the prisoners and families who participated. Only 50 on a wing at a time though - could it be rolled out nationally?
Front door strategies
Have very little to do with the prison themselves, instead about who we send to prison, and for how long. - Sentencing frameworks - Providing non-custodial alternatives - Sentencing guidelines - Mandatory sentences - Guilty plea discounts
Coping methods
Heads down, Investigators, Opinionated, Autonomous
Ugelvik (2013)
Homogeneity produces greater punitiveness to outsiders. FNPs are excluded from many of the positives of the system, denied access to programmes due to their native language etc.
Kenneth Dodge (1993)
Hostile attribution bias, found offenders are more likely to attribute hostile intention to apparently ambiguous social interactions.
12
How many closed and open prisons make up the female prison estate
Crewe (2009)
Identity management - tough man, manliness and machismo.
Von Drehle (2010)
If turning 30 is the most effective crime-fighting tool, then we should seek to learn as much about this process as possible to model new interventions.
Aresti et al
Imprisonment can be a 'defining moment' for offenders in their desistance process. Similar to Giordano's hooks for change idea.
Murray (1997)
Imprisonment growth is a reflection of crime, crime is a tool used in the inverse. (US)
312,000
In 2019, at least this number of children in England and Wales with a parent in prison. This is 2.5x the number of those in care and over six times the number of those on the Child Protection Register.
Simon
In advanced neo-liberalism, cruelty becomes a resource for political authrorities and communities.
Heads down
Leaves a risk of being manipulated
War on drugs
Led to hugely inflated sentences, disproportionately impacting BAME - targeted black communities
Moral performance
Liebling - surrounds issues such as values, fairness and legitimacy within the prison regime. The feeling of justice comes from being listened to and fairness.
Assortative mating
Life partners are chosen among those who are most receptive to a person's faults.
Moffitt (1993)
Life-course persistent and adolescence limited criminality. Bio-psychosocial factors such as attention deficits, impulsivity and low self control. Problems with verbal and executive functions, leading to frustration in trying to communicate. Individuals can become ensnared by the consequences of ASB. Culmative consequences.
Ex parte Mellor v SoS
Lifer had no right to artificial insemination to conceive with partner. Imprisonment represents justifiable interference with Article 8 and 12
Ewing v California
Individual stole a set of golf clubs, 3 separate occasions. Was sentenced under the three strikes law! Supreme Court held 5:4 that this was compatible with the 8th ammendment.
Proactive interventions
Individuals with certain characteristics will seek out situations that are compatible with their dispositions. They self select into occupations and peer networks which sustain these. Assortative mating. Fewer deterrents to change their ways.
Justice Committee 2009
Information around recruitment of prison officers - before 1950 - directly from armed forces - 1990 - recruited locally and push for women. - 2008 - national standardised procedure to allow for improvements in quality and efficiency.
Rats
Informing on others
Punks/fags
Insufficiently masculine
Cavadino and Dignan (2005)
Links imprisonment trends and penal policy differences with systems of political economy. Neo-liberal states are the harshest, social democratic the mildest. This has been found not to be completely sound though.
Liebling (2001)
Prisoners are awarded intellectual hegemony in prisons research, whereas prison officers are often represented as nameless and faceless and negatively stereotyped.
Maruna and LeBel
Interventions are frequently criticised for having a lack of empirical basis. Over the past 30 years, there has been a sustained movement to 'what works' to promote evidenced based best practices instead. Also referred to as the desistance paradigm
Carlen (1983)
Interviewed women prisoners at Scotland's Cornton Vale prison and outlined how the pains of imprisonment were harsher than those of men for reasons such as isolation, dependency, treated like children, heavy discipline, expectation of excellence in domestic duties, denial of status.
Gleaning
Irwin (1970) - striving to get the best out of prison, make it tolerable for yourself in the best way possible. Engage in education, give yourself something to focus on etc.
Ryan and Sim 2007
Marxist/radical critique of liberal reforms; reforms to improve conditions disguise the real role of prisons
Chamberlen and Carvahlo (2019)
It is no longer possible to claim that prisons are impermeable. You can try and pretend you are not a sex offender but it is hard in local prisons where there is public knowledge, or high profile records in the media.
Nick Herbert MP
It would be nice to live in a society where there were no prisons, just as it would be nice if there were no hospitals because there was no illness.
Conservative
Japan
Primary desistance
Just behaviour
Richard Reid
Known as the shoe bomber. Given a sentence of 3 life terms plus 110 years, completely ridiculous. Shown these ridiculous sentences are given as an expressive punishment - no efforts to rehabilitate or treat.
Holloway Prison
Largest women's prison in Europe at one point. Rebuilt in 1980 to make it a more psychiatric oriented experience which didn't work. Took on too many very unwell women, and the facilities were not built for purpose.
Zgoba et al
Longitudinal studies show little to no deterrent effect of sex offender measures such as Megan or Sarah's laws.
Sampson and Laub (1997)
Longitudinal/life course theory of labelling. Argues that persistant offending may not be necessarily attributable to permanent traits of individuals, but can also be explained by a process of cumulative continuity whereby future opportunities to lead a conventional life are 'knifed off' as a consequence of choices made in adolescence. 'Mortgaging ones future'.
Marxism
Looks at the development and function of society from an economic foundation. Group with wealth and power seeks to maintain current position in society. Laws and crimes act as vehicles for the development of unequal class relations. Prisons used for disciplining the working classes and containing surplus workers. Prisons are used to contain those who do not add to the economic requirements of society.
High drop out rates
Major issue facing rehabilitative intervention programmes
Liebling and Maruna (2005)
Majority of criminal justice interventions derail rather than facilitate the normative processes of maturation associated with desistance from crime.
Chang and Thompkins 2002
Majority of prisoners work for the preservation of the prison itself, without this labour, the system, financially as well as organisationally would hardly be operable. - Peer advisors (used to be the job of probation officers, induction wings run by prisoners) - Prisoners used as proxy teaching assistants - Orderlies work in areas such as the gym, healthcare, centre, reception, chapel - Wing workers - the boys in green.
Generative script
Making sense of offending, focused on the next generation
Three strikes
Mandatory life sentence given for not before 25 years parole, adopted in 25 states. A very blunt instrument, lots of things can be felonies without being worthy of this severe sentence.
Ex parte Doody
Mandatory lifers have the right to know their tariff, the reasons for it, and any departure by the Home Secretary
Investigators
Masked their own offending by using knowledge of other prisoners offences
Martel 2004
Marginalisation or silencing of critical scholarship in cause of institutional protectionism.
Glueck and Glueck (1940)
Maturational reform - physiological changes, declining testosterone, declining physical strength and speed.
Bauman (1989)
Modernity and the Holocaust. Argues this was a problem of modern civilisations. Modernity can lead to scientifically and rationally conceived genocide, with the purpose of creating a better and more civilised society.
Liebling
Moral performance - justice = a feeling of being listened to and fairness. Woolf report focuses too much on order, and not on how we should morally treat prisoners.
Rosenthal
Pygmalion effect from educational psychology - argue the high expectations of others can lead to greater self-belief and subsequent performance in individuals.
Irwin and Cressey 1962
Multiple fluid subcultures - Thief = professional, loyal, no grass or informing Convict = individualistic, generally state raised, learnt 'every man for himself' Legitimate = conformist - people who go to prison for offences such as motoring, sex offending etc, elderly people who offended in their early lives.
Maruna (2001)
Narrative theory Redemption script, Generative script, Wounded healer, Condemnation script.
Xenakis and Cheliotis (2019)
Neoliberal penalty thesis - neoliberalism singled out as the primary propellant of state punitiveness.
Bronzfield 2019
Newborn baby dies in cell after woman left to give birth alone.
Miller v Alabama (2012)
No LWOP for under 18s, but they did have it before 2012...
McNeill
No amount of personal change can secure desistance if change is not supported and recognised by the community, the state and the law
Hirst v UK (2005)
No clear logical link between the loss of the vote and the imposition of a prison sentence.
Green (2008)
No knee-jerk reactions to offences. See differences between Bulger and Redegar cases.
Pratt and Erikson (2012)
Nordic prisons are smaller Prison/PO relations are better Quality of prison life better Better trained staff More likely to be prepared for resettlement
Social Democratic
Norway
Reintegration guarantee
Norway's government promised employment/education opportunities, housing, medical services, addiction treatment, debt counselling upon release.
Nonce
Not on normal circuit exercise
5%
Of prisoners are female
27%
Of prisoners come from black and minority ethnic prisoners
2/3
Of prisoners lose their job whilst in prison.
64%
Of prisoners were on benefits 12 months prior to release.
Porporino (2010)
Offenders might begin offending, in part at least, because of their impulsivity, failure to attend to consequences, preference for anti-social associates, unstructured lifestyles and emerging pro-criminal sentiments ... and so on. But it doesn't follow that a reversal in these anti-social personality traits, behaviours and attitudes is what is key in moving offenders into desistance, or even in maintaining it.
MOJ Resettlement Survey (2008)
Offenders who had received at least one visit during their time in custody were 39% less likely to reoffend than those who received no visits.
Weaver and McNeill (2010)
One size fits all interventions will not work. Need to take advantage of strengths and resources, importance of family and community.
Shammas (2014)
Pains of freedom - Role confusion - Anxiety - Boundlessness - Ambiguity - Relative deprivation
Johnsen et al (2011)
Pains of imprisonment still felt in Norway, in response to criticism that the physical conditions are too good for prisoners.
Wilks-Wiffen 2011
Only 9% of babies to imprisoned mothers cared for by father.
Grendon
Only prison in Europe that is entirely a TC. 238 places, including 40 for sexual offenders and 20 for TC.
Grendon Prison
Opened in 1962, experimental psychiatric prison for 'non-sane, non-insane'. Followed these views, for the people who did not meet the definition of insanity.
Heidensohn (1985)
Outlined how women offenders are doubly deviant, having broken both gender and legal rules of conduct. Punishment may be determined by how well they are able to conform to gender expectations and MC respectability.
Carlson and Anderson (2016)
Overall size of prison population began to fall by 2010, by 2015 it had fallen by 8.4% to 2005 levels.
Prison Officer Selection Test
POST Literacy, reading and numeracy skills check.
Back door strategies
Parole/Automatic Early Release Home detention curfew Intermittent custody
Resistance
Physical and psychological subversion. Riots, escapes, assaults on staff, pushing the boundaries, minor innovative acts. Questioning the internal legitimacy of prison.
Lacey (2008)
Penal effects of neoliberalism are mediated and filtered by a range of political and legal institutional forces.
63
People on a whole life sentence in the UK
Deep end custody
People with really long sentences. Oppressive physical security and psychological weight bearing down.
18%
Percentage of prison population serving sentences for sexual offences in 2019
Maguire and Raynor (2006)
Perhaps the most fundamental question is not whether society can resettle prisoners (probably it can) but whether it really wants to.
Maruna and Farrell (2004)
Primary and Secondary Desistance Primary - just behaviour Secondary - shift in identity
Garland 2013
Primary focus of punishment is the ritualised reaffirmation of collective values and reinforcement of group solidarity
Bentham
Principle of Utilitarianism - overall happiness for the majority
Garland (2001)
Prison has become a shaping institution for whole sectors of the population.
Liebling 1992
Prison is significantly more painful for some prisoners than for others, prisoner subgroups experience and adapt to the prison environment in different ways.
Marsh et al (1985)
Prison officers have seen a change from a homogenous group of middle ages men with military backgrounds to a more diverse group.
Michael Howard
Prison works, it ensures that we are protected from murderers, muggers and rapists and makes many who are tempted to commit crime think twice. Tough on crime, law and order mantra More prisons Tendency to propose harsher prison conditions Focus on secure containment
Crewe (2009)
Prisoners feel more trapped, vulnerable and hopeless than before, and tightly confined, unable to protest. - Long and indeterminate sentences More controlled and secure environment Reduced access of external agencies (such as dialogue groups, educational or creative arts etc) who are unwelcome or discouraged as 'security risks' or 'indulgent' Constant presence of risk assessment as a goal/activity High levels of institutional anxiety Low levels of trust in the prison itself Periodic episodes of serious violence
Woolf Report (1991)
Prisoners links with their families are of vital importance to them and to minimise the harmful effects of imprisonment.
Ditchfield (1994)
Prisoners unable to maintain family ties are between 2 and 6 times more likely to reoffend within the first year of their release when compared to those who do.
Jailing
Prisoners who have thrown themselves wholeheartedly into the prison life. In Goffman's terms, they have colonised themselves. Strict adherence in the inmate code but also the informant economy etc.
May et al (2008)
Prisoners who receive visits have a significantly lower reoffending rate (52%) compared to those who receive none at all (70%)
Clemmer 1940
Prisonisation and criminalistic ideology. Leaving behind of your own identity and acceptance of your new one is part of prisonisation. Criminogenic - likely to cause offending.
Bourdieu and Wacquant (1992)
Prisons are places of symbolic violence
Mathieson 1990
Prisons dont work - they fail at effective rehabilitation, deterrence or incapacitation.
Wacquant 2002
Prisons ethnography as an 'endangered species' Prisons don't want it, there is distrust between them and academia, and academics do not have the time they used to.
Rex (1999)
Probation supervisory relationship (social bonds) as potential turning points in desistance. Offender active in the process.
Bernburg et al (2006)
Process worked in much the same way as theorised by Braithwaite, intervention in the juvenile justice system predicted involvement with deviant gangs, leading to increased offending.
Wounded healer
Professional ex con - give help to family/peer offenders and act as a role model.
Merchants
Profitting off others
Angela Davis 2000
Progress in prison reform has tended to render the prison more impermeable to change and has resulted in bigger and what are considered better prisons
Withdrawal
Psychological absenteeism Drugs Sexual activity Emotion-focused coping - controlling or avoiding emotions.
Wacquant
Punishing the poor
Rusche and Kirchheimer
Punishment and Social Structure. Punishment is an independent social phenomenon. They play a hidden role in the regulation of poverty. Controlling the poor Disciplining the poor Deterring the poor
Chamberlen and Carvalho (2019)
Punishment suppresses feelings of insecurity and social fragmentation by channelling such turmoil towards crime and criminals. Punishment instils the appearance of such bonds, becomes more useful at times of social disarray, channels insecurity in society away towards criminals. Reaffirms differences between 'us and them'.
Opinionated
Self confident, able to defend themselves
Redemption script
Real me, made good, positive interpretation of past, addiction or life made me do it.
Shover (1996)
Reassessment of the criminal calculus
Stephen Box (1987)
Recession, Crime and Punishment - challenge the orthodox account of the relationship between unemployment, crime and punishment. They argue crime rates are not necessarily influenced by unemployment and economic hardship, but the belief that these are intimately connected has significant consequences for who is imprisoned. In times of recession, the sentence of imprisonment is ideologically motivated response to the perceived threat of crime posed by economically marginalised persons.
Instrumental
Reduce prison overcrowding, manage population, reduce costs
Home Office 2004
Reducing Reoffending National Action Plan - Social exclusion unit report talked about particularly short term prisoners.
Sykes and Matza (1957)
Rejection of the rejectors. Claiming you are innocent. Rejection of truth. Hanging on to who they were before.
Through care
Resettlement was formely known as ___________ _________ and was a voluntary system where charities would offer practical help to prisoners on release.
Deci and Ryan (1985)
Self-determination theory.
Mathiesen 1965
Study into Norwegian prison - described their prison as having a flat inmate hierarchy, no issues in talking to prison staff, little cohesion, lacked peer solidarity, lacked positive collective identity, alternative means of coping, accusatory that power-holders were deviating if anything.
Autonomous
Resilient, challenge behaviours and beliefs.
Diverse workforce
Response 1 - through recruitment, retention, promotion. Could stamp out some of the unconscious racism
Addressing internal decision making
Response 2 - limiting staff discretion, racially motivated abuse and assault, and using prisoner councils instead
Race relation policies
Response 3 - ethnic monitoring introduced in 1985, diversity training and race relation liaison officers.
External policies
Response 4 - seen through introduction of the Race Relations (Amendment) Act 200 and CRE Formal Investigation.
Ex parte Leech
Restrictions must be the minimum necessary for the interests of the regulations of prisons.
Owers Review (2011)
Review of the Northern Irish prison service. Need to reimagine a prison service that actively supports change. Must also recognise that desistance is a social process that needs community level and broader social and political commitment. Broadening out of the desistance agenda.
Article 8 and 12
Rights to found a family and a private life.
Goffman 1961
Role stripping and civil death. Prison is a total institution where the identity you had on the outside is taken off of you.
Arrigo and Bullock (2007)
SHU research in America. SHU Syndrome, most convicts experienced severe Generalised Anxiety and Panic disorders, but weren't psychologically unwell before SHU. 5% generally MI in gen pop, 50% in SHU.
2/3
Serve under 6 months, 4 to 8 weeks. Long enough to lose a job and your children but not long enough to be supported or rehabilitated in any form.
McNaughton et al (2018)
Sex offender hierarchy seen to help sex offenders - - Survive bullying - Enhance self-efficacy - Exert power over others - Relieve boredom
Secondary desistance
Shift in identity and a substantive commitment to the law.
Collins and Nee (2010)
Showed that trained therapists facilitating sex offender treatment programmes held certain biases and preconceptions regarding sex offenders. Viewed their clients commonly as manipulative and devious individuals.
Ontogenic theories
Stress the importance of age and maturation
Sociogenic theories
Stress the importance of social bonds and ties
Drugs
Single most difficult prison problem, if we could prevent this then you could radically change the prison system. 50-75% prevalence in prison.
Sellin (1976)
Slavery and the Penal System - follows the above in his claim that current legal punishments are derived from slavery. Both entail loss of citizenship, dehumanisation, 'othering', deprivation of liberty, and being forced to undertake manual labour.
Crewe (2011)
Softer and more indirect form of power is experienced as constraining and this may be as or more painful than the traditional prison experience. Doesn't mean prison will be experienced as any less prison-like.
Szifris et al (2018)
Some spaces, such as VPU's, specialist units or education are completely separate to how the prison is normally run, and there is great work going on, but then they go back to the wing and are treated like shit by the prison officers. Work gets undone.
Cameron (2016)
Speech on prison and criminal justice reform. Queens Speech promised the largest overhaul in the prison system since Victorian times. But - brexit.
Narrative theories
Stress the importance of subjective changes in identity
Prison Officers Association 2016
Staff no longer feel safe, they went on strike, which they are not legally allowed to do as civil servants.
Hirschi (1969)
Stake in conformity - young adults start to reduce their involvement in crime as they begin to acquire conventional ties.
IEP 1995
Start on entry level, if not conforming to prison rules, go down to basic level. If they are, standard. If they are being a model prisoner - enhanced.
Identity management
Still need to construct themselves as 'good people' Non disclosure of offence Prison hierarchy (become more compliant) often older and more calm, higher education levels? Hierarchy of sex offenders with mitigating factors
Hallsworth and Silverstone (2009)
Street criminals - the new prisoner population were not clued up for the form filling, MC approach to compliance and submission. Language and demeanour used for protection and general life outside of prison made male prisoners inside appear threatening and uncontrollable. Prison had a 37% Muslim population, many of whom had converted whilst inside. The need for ideology, new moral frameworks and boundaries was profound and urgent.
Shalev (2009)
Supermax prisons are for the worst of the worst
Crewe et al 2017
Swimming with rather than against the tide.
Inmate code
Sykes 1958 - what kinds of things do prisoners feel they are unconsciously picking up from being in prison, or what should they do? Governs social relations as an ideal rather than a description. Divide and rule through IEP.
Stevens (2012)
TC as turning point for identity reconstruction.
Becker 1967
Taking sides and hierarchy of credibility. Tendency on the staff's part to believe that you are likely to take their version above all else.
Ex parte Thompson and Venables
Tariff setting is judicial, and not an executive function. The Home Secretary is not an independent body so cannot interfere. Refusal to release post tariff can only be on the basis of risk to public protection, and there must be regular reviews.
Qualified rights
Tend to fall more under the margin of appreciation. Different countries will interpret and apply differently.
Martin Narey
The Decency Agenda 2000 - Reasonable quality of life for prisoners and staff. - Opportunities for constructive work and rehabilitation - What matters to prisoners? What do they value?
Brevik 2011
Tried to bring a claim under Article 3 due to his solitary confinement. Didn't reach Strasbourg as found not to be a breach.
Norbert Elias (1939)
The civilising process - western sensibilities have changed since medieval times. Involves a tightening of controls and an increased level of psychological inhibition.
Cohen and Taylor (1972)
The dilemma of friendship. Studied lifers, the problem is they don't necessarily want to form friends because people get moved on or get out etc.
Blagden et al (2016)
The environment was perceived as safe and allowed prisoners 'headspace' to work through problems and contemplate change (Self contained VPUs)
Parent, disciplinarian, social worker
The many hats of a prison officer
Ethical
The use of prison has harmed and therefore there should be some attempt to heal.
Bentham
The panopticon - constant surveillance is to compel prisoners to regard themselves as subject to correction. Architecture and design used. Prisons operate a distinctly subtle and relentless form of power - more efficient but not necessarily more humane. Obedient people or 'docile subjects'?
Wacquant (2009)
The poverty of the social state against the backdrop of deregulation elicits and necessitates the grandeur of the penal state
1994
The prison system has been overcrowded every year since
Raynor and Robertson
The process of compensating for prison is conceptually and practically divorced from punishment.
Exocative interactions
The reactions that individuals evoke from the social environment that ironically and unintentionally help to maintain and escalate ASB. Criminality as a transaction. Indivduals do something, others react to it, and the reactions themselves lead to further criminality.
Rehabilitation of Offenders Act 1974
There is a set period of time for certain offenders where once 'spent' they do not have to disclose their criminal conviction. But what about gaps in CV?
Legitimate expectations
This proposal formed the basis of the IEP scheme.
Acheson (2016)
Threat of Islamic Fundamentalism 'radicalisation'. There is pressure or choice to convert for protection = 'the biggest gang'. Appeal of ISIS 'grievance narrative' and violence. Institutional timidity from prison officers and HMPPS who are afraid to confront for fear of being labelled racist. Need separate units to separate extremists.
Gorrillas
Threatening others with force
Nelken (2000)
Three research strategies - Virtually there = reading - Researching there = fieldwork - Living there = ethnography
Esping-Anderson
Three types of system Neoliberal - UK USA NZ Conservative - Japan Social Democratic - Norway
Sykes (1958)
Traditional pains of imprisonment. One of the earlier sociological texts. Observational.
Neoliberal
UK, USA, NZ
Bicameral legislature
US has a __________________ ______________ which means it only has two party politics and no independent judiciary. No opportunity for consensus
Tonry (2009)
US punishment is so bad because of - Paranoid style of politics - Moralism associated with fundamentalist religious views - Obolescence of American constitution - History of race relations
34% FNP
Ugelvik (2014) - there are ____ _____ in the system, they dont have the same access to treatment and help etc
Tightness
Uncertainty, indeterminacy, soft power. You don't know when you are going to be let out. Omnipresent observation = self governance. Prison as hurdles and people being set up to fail. Greater ambiguity of friendly staff.
Age-crime curve
Used to highlight that the best resettlement tool is someones 30th birthday.
Cohen (1985)
We blew it thesis. Argued that in the USA, people believed that prisoners could be changed through incarceration, but in practice, confinement in total institutions was creating greater harm to inmates rather than helping them.
Nelken (2010)
We may set out to understand the other but end up knowing ourselves
Proposition 36 (2012)
Voter-initiated reform, eliminated life sentences for non-violent non-serious felonies, tax payers were angry about the amount of taxes used to facilitate the three strikes laws. We will see imprisonment rates drop as a result.
Desistance
We are now seeing the language of _________________ used to reduce reoffending and protect the public.
Dan A Lewis
We should shift from thinking about programmes to thinking about lives. We should turn focus to human lives in their full biographical and historical context to understand how and why programmes work for some individuals and why they fail.
Liebling et al (2011)
What makes a good prison officer? - Prisoners treated as individuals with rationality - Predictability - Recognition of prisoner frustrations - Do right - Be a human being
Roberts et al (2012)
When citizens are asked whether they prefer more punitive policies or increased investment in rehabilitative programmes, majority usually prefers the latter
Braithwaite (1989)
When societies response to deviants is to stigmatise, segregate and exclude, these persons are left with limited opportunity for achieving self-respect, and affiliation in the mainstream. They are however welcomed among subcultural groups of similarly stigmatised outcasts - vicious cycle of persistant offending.
Vulnerable Prisoner Unit
Where a prisoner has been isolated for his or her protection. Often will be held with others similar in these areas. Many are not sex offenders but are vulnerable for other reasons - accumulation of debt, grasses, informers etc. 'Nonce'
HMP Parc 2010
Which prison and which year did they have a culture shift from a security led to interventionist led visits model.
Instrumental reciprocity
White collar criminals making friends with violent people for protection.
Ex parte Hindley
Whole life tariff is permissible, but there must be a mechanism for review.
Ramsbotham (2005)
With regards to Holloway - 'an affront to human decency that was wholly unworthy of a civilised society ... so many deeply unhappy or emotionally damaged people for whom so little was being done'
Mutilation marathon
With vast histories of victimisation and substance abuse, women come into prison with all these psychological harms, and unlike men who may kick off, they just harm themselves.
Crawley (2004)
Women officers play an important role, they defuse, and the majority of inmates wouldn't dream of hitting a female and would probably go to their aid instead.
37.4%
Women prison officers make up
Corston Report 2007
Women reform report - visited overcrowded prison, 43 recommendations for improvement, one was to scrap imprisonment for females as we know it, only to imprison those with the most severe crimes, to house in smaller units close to their communities.
4/5
Women were in prison for non-violent offences.
50-70
Woolf report recommended small units of about __________ people.
Bottoms (2014)
Would add a fourth category to Maruna and Farrells categories - situational factors, the routine activities that offenders go back to after release.
East and Hubert (1939)
Wrote a report on the back of the Wormwood Scrubs experiment. Stated that we need something for those who are not out and out psychiatrically disordered, but whose behaviour is challenging and making them obviously unwell in some way.
Minimum interference principle
You go to prison as punishment, this should not be made worse by unnecessarily being denied rights.
68%
__ of the prison population were unemployed at the time of going to prison
75%
___ of Young Offenders had an 'absent father'.
11%
___ of the prison population are either awaiting trial or awaiting sentence
27%
___ of the prison population is BAME
5%
___ of the prison population is female
16%
___ of the prison population is over 50
Importation
_______________ model - this suggests that loss of identity is not as severe as we thought it was. People can bring in some attributes and characteristics. Prison will therefore be experienced differently by different groups based on cultural capital, your experiences and situation on the outside.
Indigenous
________________ model - native, everything that comes out of prison is determined by the pains and deprivations that people go through in prison. Adaptation is something you have to figure out, everything you do is a response to that.
Integration
________________ model - they have to do both, what arises out of the prison itself, and what they bring with them.
Short term prisoners
are known to have the most acute needs in terms of mental health, substances, ill health etc. Short sentences are not enough time to help them, but also enough time to make them lose all their links and any stability = revolving door population.
1/3
of women go to prison for theft and handling - but usually petty items, things for their children etc.
Circles of support
offender-oriented circles that help people get back on their feet after detention or incarceration and facilitate their community reintegration
Liberty
the most obvious deprivation. Leads to social isolation and rejection.