Penal Exceptionalism Research Articles

Solidarity, marginalised groups, and COVID-19 lockdowns: censoriousness and penal exceptionalism in Norwegian and Danish prisons during the pandemic

Some of the most marginalised and exposed populations during the COVID-19 pandemic have been those incarcerated in penal institutions. In the present article we compare how Norway and Denmark handled the pandemic in their prison systems and analyse these efforts through the lens of how the authorities tried to invoke specific national cultures of social solidarity during the crisis. In both countries we find that increased isolation, inactivity, lack of information, and loss of trust and contact with the outside world aggravated the prison experience. However, in Norway a bigger effort was made, compared to Denmark, to lower the prison population, as well as to create possibilities for maintaining contact with friends and families through video-visits. We then analyse the pandemic prison policies in the context of how both governments through very specific national terminologies appealed to an alleged community spirit. We examine the role and situation of prisoners in connection with these national and cultural projects of social solidarity, and find that in several cases prisoners reacted to the restrictive pandemic regimes by displaying a censorious attitude towards prison staff and authorities much in the manner originally described by Thomas Mathiesen (1965). Prisoners, in other words, held the authorities accountable to their call for community spirit and the values of social solidarity they claimed to represent. This also raises a question concerning the degree to which Danish and Norwegian policies and practices live up to the notion of Nordic penal exceptionalism, or whether the crisis unveiled different penal values.

Penal exceptionalism in countries of Central Europe. Why is the region different?

The countries of Central Europe have for many years occupied a leading position in Europe when it comes to the level of incarceration. This begs the question of what lies behind this state of affairs. It may be connected with the history of the region, being under authoritarian rule for years. Another factor may be the penal populism that is present everywhere in the world, but has specific features in this region. One version of such explanations is the concept of “penal nationalism”. The research also indicates a relationship between social policy and egalitarianism, among other factors, and the size of the prison population. This raises the question of the extent to which the concepts relativizing punitiveness to categories of political economy apply to the region. Finally, there are other explanations that point to some prosaic factors of a “technical” nature that may have an undesirable influence on punitiveness. None of these concepts fully explain the unique situation of the region as a whole. However, they can be a starting point for building a more integrated concept.

Exceptionalism for most, excess for others: The legal foundation of a bifurcated criminal justice system in Denmark

Following a change in the Danish gang milieu in 2008, where ethnic minority street gangs challenged the established outlaw motorcycle gangs, the Danish government has formulated three anti-gang policy ‘packages’. To unfold the development they represent to Nordic penology, this article analyses elements of both penal exceptionalism and excess. In this article, it is shown how the packages are based on the notion of gang membership as a choice, which legitimated the development of a parallel justice system for gang members. This foundation is built upon a gang-specific subsection that allows for the doubling of gang-related sentences and for restricting prisoner rights and traditional rehabilitative treatment for gang-related convicts. The packages, however, maintained ‘a way out’ for gang members who voluntarily entered a formal EXIT program, and thus gained access to traditional penal treatment and also support for leaving the gang milieu. It is argued that the packages represent a development of intended bifurcation based on status differentiation between citizen groups, a process also observed in regard to Danish anti-ghetto policies. Thus, rather than resembling a general turn to punitiveness, the packages indicate a penological development based on penal differentiation, which raises questions about access to justice for those found wanting.

Collateral consequences of criminal records from the other side of the pond: How exceptional is American penal exceptionalism?

In this article, we highlight the existence and expansion of so-called ‘collateral consequences’ (CCs) of criminal records in Europe to challenge the prevalent view that these are features of the claimed ‘American exceptionalism’ within the penal field. First, we consider how CCs have been widely presented as a quintessential example of American penal exceptionalism within extant scholarship before problematising the adoption of such a framework from a European perspective. Second, we demystify the issue of CCs within Europe by highlighting the deleterious effects which CCs have on the lives of European people with a criminal record. Third, we consider precisely what can be regarded as ‘exceptional’ about CCs in the United States as compared to Europe by analysing key areas of possible differentiation. We conclude by cautioning against the view that European penality is necessarily – and always homogeneously and consistently – ‘progressive’ in relation to its treatment of criminal records and criminal record subjects. We also suggest that far greater attention and vigilance is required from criminologists and criminal justice scholars regarding the expansion and operation of CCs in Europe.

Southern penal exceptionalism? Results of an ongoing comparative study of best practices in education and reintegration of imprisoned persons

Southern penal exceptionalism? Results of an ongoing comparative study of best practices in education and reintegration of imprisoned persons

Ideologies, Power and the Politics of Punishment: The Case of the British Conservative Party

AbstractRecent scholarship has underscored the limitations of a theoretical repertoire that reduces the politics of punishment to debates over punitiveness, neoliberalism or penal exceptionalism. In this paper I argue that greater understanding of the dynamic interplay between ideologies and power can provide a richer account of the complex and contradictory landscapes of contemporary penal politics. I seek to show that political parties occupy a prominent position within representative systems of government and this mediating role, at the intersection between ideology and power, is closely associated with the production of penal policy outcomes. Reflecting upon the recent history of the British Conservative Party, I conclude that the politics of punishment is shaped, not only by inter-party competition (and consensus), but the dynamics of intra-party conflict.

Three burglars, a friendly police inspector, and a vegetarian fox: Scandinavian exceptionalism, children’s literature, and desistance-conducive cultures

ABSTRACT This article draws connections between cultural criminology, the Scandinavian penal exceptionalism literature and desistance research by taking a close look at two Norwegian children’s books published in the 1950s. I argue that both books are fundamentally desistance stories and that their enduring success should be seen, at least in part, as a result of their articulation of broader cultural values that Norwegian parents have seen (and continue to see) as important to communicate to their children. Both books highlight redemption and forgiveness as important values. I also argue that because they have become part of the Norwegian literary canon, they continue to act as arenas for the reproduction of these values. These books may, therefore, be seen as both exhibiting and reproducing what we may call a desistance-conducive ‘culture of second chances’.

Nordic Penal Exceptionalism: A Comparative, Empirical Analysis

AbstractBased on a survey administered in 13 prisons in England & Wales and Norway, as part of a research programme with explicitly comparative aims, this article seeks to address both the relative and absolute dimensions of the Nordic penal exceptionalism thesis. It outlines the consistently more positive results in Norway compared to England & Wales, explaining them primarily with reference to the former’s much higher quality and use of open prisons. At the same time, it emphasizes that, even in an unusually humane prison system, prisoners report considerable pain and frustration. The article also makes the case that comparative analysis should strive to be systematic, but that such comparisons are always imperfect, making methodological transparency all the more essential.

Incarcerated women’s cooking and eating practices in a ‘humane’ Danish open prison

ABSTRACT The aim of this article is to examine incarcerated women’s cooking and eating practices in a Danish open prison to gain insight into the Nordic penal exceptionalism debate. Self-catering and the policy of normalization, which dictates that prison conditions be as similar as possible to conditions outside the prison, have been seen by some as evidence of humane prison conditions. This article draws on three months of ethnographic fieldwork to argue that incarcerated women in a mixed-gender Danish open prison use cooking and eating to display family, articulate allegiance, and negotiate relations of exchange. Incarcerated women used food preparation to maintain relationships with family and negotiate relationships with other prisoners, yet data also reveal the ways in which incarceration and turnover profoundly strained these relationships. I argue that self-catering is worth emulating while emphasizing the limitations of labelling it humane and propose that turnover deserves further research.

Leaving the Shining City on a Hill: A Plea for Rediscovering Comparative Criminal Justice Policy in the United States

Over the past several decades, American penal exceptionalism—the tendency for U.S. penal policies and practices to proudly diverge from those of other Western countries—has severely limited the development of comparative criminal justice research from a U.S. perspective. However, in recent years, a growing consensus that America’s criminal justice policies and practices are too expensive, ineffective, excessively punitive, and often inhumane has laid the ground for a new phase of soul-searching. This article argues for an explicit rediscovering of comparative criminal justice policy in America, which would prove extremely helpful in providing bold yet practicable solutions in the current commendable but unimaginative era of criminal justice reform. We first contend that American exceptionalism is not as embedded in U.S. penal policy and culture as the past few decades might seem to suggest. Second, we discuss the main causes of the gradual demise of the comparative criminal justice enterprise in America. Finally, we discuss two areas of U.S. criminal justice reform suggesting mechanisms of comparative criminal justice policy that should be nurtured: (1) new prison reform initiatives pointing to renewed openness to comparative insights and (2) the growing chorus calling for prosecutorial reform, showing how many of the reform ideas proffered tap into characteristics found in continental systems.

Old-fashioned Nordic penal exceptionalism: the case of Iceland’s open prisons

ABSTRACT This article intends to both broaden and deepen our understanding of Nordic penal exceptionalism by bringing into the debate Iceland’s two Open Prisons. Thus far, despite being one of the Nordic countries Iceland has been more or less excluded from debates on Nordic penal practice which is remiss, as due to its isolation, Iceland may well offer a different perspective on it. Both open prisons are small establishments with about 20 prisoners held in each, in remote rural settings. As an immersive project I stayed in both prisons as a quasi-prisoner in order to examine their practice and culture from the inside. I conclude that in both establishments the social environment is characterized by both conviviality and familiarity between staff and prisoners. I argue that whilst Nordic penal exceptionalism is defined more widely, this culture of ‘living together’ is in fact most defining of it, at least in open prisons.

Canada's ‘Open Prisons’: Hybridisation and the Role of Halfway Houses in Penal Scholarship and Practice

AbstractThis article analyses the role, form, and function of halfway houses (often referred to as re‐entry centres) in contemporary Canadian punishment. Building on studies of Nordic ‘penal exceptionalism’ and open prisons, I argue that criminologists can usefully study and conceive of halfway houses as a form of open prison. Thinking of halfway houses as open prisons (rather than re‐entry centres or post‐prison institutions), I suggest, is not only more reflective of these houses’ workings and dynamics but is also more productive. Conceptually, it positions halfway houses in opposition to walled prisons, thereby redirecting attention from the post‐prison stage to how halfway houses could present a real existing alternative to closed or walled prisons.

Exceptional states: The political geography of comparative penology

It is now common in the sociology of punishment to lament that comparative penology has not matured as an area of research. While there have been seminal works in the comparative canon, their conceptual tools tend to be drawn from grand narratives and macro-structural perspectives. Comparative researchers therefore lack concepts that can help capture the complexity of penality within a single nation, limiting the cross-national perspective. Why is this relative lack of comparative refinement still the case? This article investigates this question by looking specifically at penal exceptionalism, a concept central to comparative penology. While punitiveness as a comparative and descriptive category has been critiqued, its converse, penal exceptionalism remains prevalent but undertheorised. Examining exceptionalism reveals that it is not merely the macro-structural approach to comparison that has limited the development of cross-national sociology of punishment, but the Anglocentric assumptions, which are the bedrock of comparative penology. In this essay, I argue that penal exceptionalism versus punitiveness is an Anglocentric formulation. These taken-for-granted assumptions have become so central to the comparative enterprise that they act as a barrier to developing new innovative comparative frameworks and concepts. The article concludes by suggesting some methodological strategies that are intended as a way of helping comparative penology to expand its toolkit and support the ongoing development of more equitable criminological knowledge.

Penal controls and social controls: Toward a theory of American penal exceptionalism

This article argues that to explain American penal exceptionalism, we have to consider America’s exceptional levels of punishment together with America’s exceptional levels of violence and disorder, while understanding both of these as outcomes of America’s distinctive political economy. After specifying the multiple respects in which American penality is a comparative outlier, the article develops a new theorization of modes of penal action that reveals the extent to which the US has come to rely on penal controls rather than other kinds of punishment. This over-reliance on penal controls is viewed as an adaptation to the weakness of non-penal social controls in American communities. These social control deficits are, in turn, attributed to America’s ultra-liberal political economy, which is seen as having detrimental effects for the functioning of families and communities, tending to reduce the effectiveness of informal social controls and to generate high levels of neighborhood disorganization and violence. The same political economy limits the capacity of government to respond to these structurally generated problems using the social policy interventions characteristic of more fully developed welfare states. The result is a marked bias toward the use of penal controls.

An Unpaid Debt to Society: How ‘Punishment Debt’ Affects Reintegration and Desistance From Crime in Norway

AbstractThe Scandinavian exceptionalism literature has highlighted the relatively progressive and rehabilitative nature of imprisonment in Norway, with the Norwegian Correctional Services taking the view that those convicted of crimes have paid their debt to society at the end of their sentence. However, other parts of the Norwegian state take a more stringent view, imposing and enforcing significant and persistent debts on offenders. This article, based on official documents and interviews with Norwegian desisters and probation caseworkers, analyses how living with debt poses a major challenge for reintegration and desistance. Referred to informally as ‘punishment debt’, this pervasive but less visible aspect of Norwegian penality demonstrates the need to broaden the penal exceptionalism research agenda beyond the confines of the prison.

Civilizing Imprisonment: The Limits of Scottish Penal Exceptionalism

Focusing on imprisonment in Scotland during the 1980s–1990s, and drawing on extensive archival research, documentary analysis and interviews with seven retired civil servants and prison governors, this article is the first to provide an historical and analytical account of Scottish penal exceptionalism. It is argued that although not being punitive in its penal transformation, Scotland cannot rightly be defined as a historically moderate and humane exception when it comes to its prison system. Instead it is shown how the Scottish power to imprison was modernized and made more civilized, allowing prisons inevitable pains to be denied and submerged.

A More Nordic Norway? Examining Prisons in 21st Century Iceland

AbstractThis article seeks to examine the exact status of Iceland in light of the Nordic penal exceptionalism thesis. This thesis considers that punishment in the Nordic countries is fundamentally more benign than that in Anglophone countries (Pratt 2008a, 2008b). Yet from this perspective the remote Nordic country of Iceland remains overlooked. That is unfortunate as, at first sight, there is much to be intrigued about: Iceland's prison rate is very low; Iceland is small and homogeneous which may offer cultural or structural pre‐conditions for a positive penal system. Its penal estate is tiny with a small number of very small prisons. In addition, Iceland has a history of low crime rates and a tradition of lenient sentencing practices. All this makes it interesting to consider whether the penal exceptionalism thesis (Pratt and Eriksson 2011) actually extends to Iceland. To what extent does Iceland fit the Nordic mould of penal practice?

Penal and Prison Policy on the “Sunny Side of the Alps”: The Swan Song of Slovenian Exceptionalism?

The article considers penal and prison policy in Slovenia by illustrating and confronting the roots, development and main features of Slovenian vis-a-vis Scandinavian penal “exceptionalism”. It first explores economic, social and political developments that made both Scandinavian and Slovenian penal regimes, in terms of stability and leniency of penal policy, low imprisonment rates and quality of prisoner treatment, to some degree exceptional if confronted with regimes of the vast majority of western countries. Further, the authors explore what consequences and implications the recent punitive tendencies have for Slovenian exceptionalism and whether they jeopardize or perhaps even threaten mild penal order, which the country on the “sunny side of the Alps” has been building since the 1970s. Finally, the authors try to find out whether, in spite of the declining welfarism and rising punitiveness, Slovenian-style penal exceptionalism has a chance to revive and endure.

The Rise of a More Punitive State: On the Attenuation of Norwegian Penal Exceptionalism in an Era of Welfare State Transformation

While sociologists of punishment have been interested in the notion of Nordic penal exceptionalism, rapid changes are taking place in the penal policies of one of the members of the Nordic zone. Norway’s penal state is growing increasingly punitive, and penal exceptionalism appears to be on the wane, evidenced by a growing incarceration rate, increasingly punitive sentiments in the population, moral panics over street crime, raised sentencing levels, the forcible detention and extradition of asylum seekers, punitive drug policies, and the creation of segregated correctional facilities for stigmatized foreign offenders. Penal transformation should be understood as the outcome of symbolic contestation between politicians eager to present themselves as “tough on crime,” increasing differentiation of the social structure that has led to the declining fortunes of rehabilitationism, and a nascent neoliberalization of the welfare state. As a consequence, Europe’s penal landscape may be growing more homogeneous.

Inspector Wallander’s angst, social change and the reconfiguration of Swedish exceptionalism

This article examines the extent to which changes in Swedish values and culture are undermining what has come to be known as the penal exceptionalism of that society. It does this by contrasting the two very different pictures of Swedish society that are to be found in the detective novels of Maj Sjöwall and Per Wahlöö, set in the 1960s and early 1970s, and those of Henning Mankell, set in the 1990s onwards. Notwithstanding the extensive social change we find reflected in them, it is argued that Sweden’s penal exceptionalism has been reconfigured rather than swept aside. It largely remains intact for those on the legitimate side of the barriers and divisions that mass immigration has constructed around it, but those whose ethnicity denies them this status are likely to find themselves excluded from it.