Abstract

Prisons are on the cusp of a technological transformation as twenty-first-century digital connectivity in ‘free’ society permeates prison design and offender management. This article will begin with an overview of the digital technologies in ‘smart’ prisons. Two limbs are emerging: technologies that are embedded into the infrastructure of prisons to benefit authorities through heightened security, and technologies that may benefit prisoners by providing them with positive opportunities to access justice, maintain family relationships and engage in programs aimed at optimising their post-release circumstances and rehabilitation. However, recent case law paints a picture of prison life devoid of human contact during the COVID-19 pandemic, bringing isolation and heightened anxiety. Through the lens of emergent conceptions of digital criminology, this article will analyse Australian case law to examine whether the automated, smart or digital prison offers a utopian vision of safe detention and rehabilitation or a dehumanised and punitive dystopia.

Highlights

  • Prisons are on the cusp of a technological transformation as twenty-first-century digital engagement and connectivity in ‘free’ society permeate prison design and offender management

  • While acknowledging the necessity to lockdown a vulnerable population during an extended period and lauding the introduction of personal digital devices, it is still clear from the coronavirus jurisprudence that prisoners experienced amplified hardships, high levels of anxiety and increased isolation by the visitor lock-out

  • The Australian case law presents some of the repercussions of sealing off the closed environments of prison and prohibiting human contact with prisoners, including intensified mental health issues, heightened isolation and difficulties with instructing lawyers and preparing an effective defence

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Summary

Introduction

Prisons are on the cusp of a technological transformation as twenty-first-century digital engagement and connectivity in ‘free’ society permeate prison design and offender management. These technologies, including audio/audiovisual links and in-cell digital tablets, may provide prisoners with positive opportunities to access justice, maintain family relationships and engage in programs aimed at optimising their postrelease circumstances, facilitating rehabilitation and reducing recidivism.

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