Prison Conditions Research Articles

A qualitative investigation into prisoners’ reasons for absconding from an open prison in England: implications for developing abscond prevention strategies

Purpose This study aims to investigate prisoners’ reasons for absconding from open prison conditions at a specific prison site in England, given their increasing number of absconds over recent years. Design/methodology/approach A reflexive thematic analysis approach was used from a postpositivist epistemological perspective to gain an understanding of each participant’s decision-making around absconding. Four participants who had absconded from the site between May 2020 and May 2022 engaged in a semi-structured interview. Findings Themes relating to difficulties within the open prison environment itself, feeling unsupported by staff and procedural unfairness were identified. Practical implications Recommendations for future practice, including identifying “warning signs” and developing abscond prevention policy and strategy, are made. Originality/value There had not yet been any empirical research conducted to explore the nature and extent of the issue of absconds at the prison. It is unclear as to why those who have absconded from the site have chosen to do so, or what the factors might have influenced these decisions. The current research has therefore aimed to understand the issue more fully to support the establishment’s wider abscond reduction/management strategy and contribute to custodial policy in this area. The present study gives an in-depth insight into abscond decision-making via an exploration of prisoner narrative; allowing prisoner voice to contribute to the identification of specific support needs and understanding the implications of these to open conditions practice and abscond prevention strategies. Results are considered, and recommendations made accordingly, to support future abscond prevention strategy development for the prison in which the research was conducted, with implications for the wider open estate. This strategy development focus is an original consideration contributed by the study to the relatively small but growing literature base in this area.

The politics of pretrial detention: Mapping the development of Swedish remand policy

Since the early 1990s, Sweden has received severe criticism from international human rights monitoring bodies for their pretrial detention regimes. Contrary to its acknowledged humane prison conditions, the majority of individuals held on remand are confined in conditions that resemble solitary confinement. While all Nordic countries have received similar criticism, Sweden has been argued to have done the least to change their remand practices. This article provides an in-depth analysis of the development and political processes that has shaped Swedish remand policy since the establishment of the 1948 Swedish Code of Judicial Procedure and the 1958 Act on Detention. The article shows that despite political concerns of the harms and infringements that the remand practices entail, the outcomes of reforms have been limited: due to administrative burdens, legal constraints, and increased punitive demands. The article elucidates the actors and conflicting agendas involved in shaping remand policy—of penal, political, humanitarian, administrative and legal nature—that are unattainable in structural analyses, and have application beyond the Swedish context and future in-depth examinations of developments in remand policy.

From Gross Disproportionality to Human Dignity: Redefining Section 12 in the Context of Mandatory Minimum Sentences

In this short paper, we contend that human dignity must remain at the heart of the section 12 analysis, and should be strengthened in future cases that will be tackling the remaining mandatory minimums. In so doing, we critically examine the Supreme Court’s recent development of the section 12 framework, particularly in light of the 2023 mandatory minimum jurisprudence, with a specific emphasis on the concept of human dignity. The analysis centers on the role of reasonable hypotheticals in advancing the primary objective of section 12 — safeguarding human dignity — by scrutinizing the three pivotal components of the gross disproportionality analysis. We suggest that the section 12 analysis focuses on proportionality and human dignity rather than the current “gross disproportionality” standard in assessing what constitutes cruel and unusual punishment. These suggestions are underpinned by an approach that considers proportionality a principle rooted in human dignity. Nevertheless, proportionality has its limits and therefore section 12 should be complemented by an approach that takes into account prison conditions and the effects of imprisonment on marginalized groups, which are rooted in inequalities. Finally, the analysis questions the third component of the gross disproportionality analysis, which calls for deference to the legislature in order to prioritize objectives that instrumentalize the individual and are contrary to human dignity. These objectives are problematic, we suggest, and best addressed within section 1 of the Charter.

O SISTEMA PRISIONAL NO BRASIL: UMA ANÁLISE DOS DESAFIOS E PERSPECTIVAS DE REFORMA

The Brazilian prison system is a complex and challenging issue that has raised heated debates over the years. With a growing prison population and precarious conditions in prisons, the reality of penitentiary institutions in the country presents a worrying picture. The purpose of prisons, which should be the rehabilitation of inmates, is often distorted by overcrowding, violence and lack of opportunities for social reintegration. In this context, this work aims to analyze the challenges faced by the Brazilian prison system and explore the reform perspectives that can be adopted to face such problems. It is crucial to understand the historical roots of this system, as well as the contemporary factors that have contributed to its current situation. Throughout this study, a comprehensive bibliographical review will be carried out, gathering data and analyzes from research, government reports and academic studies that focus on the subject. It is essential to emphasize that an effective reform of the prison system does not only imply improving the physical conditions of prisons, but also promoting actions that favor social reintegration and the reduction of criminal recidivism. In addition, civil society participation and dialogue between the various actors involved are crucial elements for building sustainable and humanized solutions.

Does prison labour rehabilitate, punish, discipline or exploit a traumatised and racialised population in Australian and American prisons?

This article describes the incarcerated population in Australia and the US as being comprised of peo-ple primarily from racialised and marginalised communities, of whom many have histories of trauma. It is argued that their pre-existing trauma is compounded by trauma arising from both deprivation of liberty in and of itself, and their treatment and conditions in prison. The article compares and draws parallels between rehabilitation as understood under the UN Convention against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment with rehabilitation as an objective of the criminal legal system, arguing for the need for the criminal legal system to refocus from reducing reoffending to pursuing healing. The article argues that contemporary prison labour in Australia and the US should be analysed in the context of historical slavery and forced labour. It considers the different objectives of prison labour, concluding that it is not feasible to effectively achieve multiple objectives (e.g. rehabilitation versus recouping State costs associated with incarceration). The signifi-cant risk that prison labour as it currently operates can amount to exploitative or degrading treatment is explored in the article, which argues that international legal protections need to be strengthened. The article also recommends that there needs to be improved transparency and research regarding the use and effectiveness of prison labour in these jurisdictions (and more broadly) in achieving rehabili-tation, particularly livelihoods in the community, after release from prison.

Inner Prison of the NKGB (MGB, KGB) of Lithuanian Soviet Socialist Republic 1944–1959

This study discloses the 1944-1959 period history of the inner prison of NKGB (Narodny Komissariat Gosudarstvennoy bezopasnosti, English translation – The People‘s Commissariat for State Security) of Lithuanian Soviet Socialist Republic, including MGB (Ministerstvo Gosudarstvennoy Bezopasnosti, English translation – the Ministry for State Security) and KGB (Komitet Gosudarstvennoy Bezopasnosti, English translation – Committee for State Security) as users of this prison. The significance of this prison in the common system of prisons under State Security Institutions is analysed as well as the cases of collaboration with the prisons operating under Ministry of Internal Affairs. Inner prison routine is analysed: living conditions of prisoners, regime, etc. Direct links between the work of the Interrogation Division of the NKGB (MGB, KGB) of Lithuanian Soviet Socialist Republic and inner prison are disclosed, as well as the procedure of execution at the inner prison. The inner prison was the most important prison of the Soviet secret police organization (Cheka) in Lithuanian Soviet Socialist Republic – political prisoners of special importance were imprisoned there and interrogated in the Interrogation Division located in the same building. In the first post-war years, the inner prison was overcrowded, and prison conditions were poor. They improved just at the end of the fifth decade, because the number of imprisoned persons decreased, and bunks were installed in the cells. In the first post-war decade, during interrogation sessions, employees at the Interrogation Division used to apply not only psychological violence against prisoners, but physical violence as well. In 1953, officially, physical torture measures were prohibited, still cases of physical torturing of prisoners happened even much later. In the period 1944–1969, death sentences were carried out in the inner prison. Over one quarter of the last century, 1 019 persons were executed. Although an official method of carrying out the capital punishment used to be squad firing, the investigation of remains of those executed and buried in the burial grounds in Tuskulėnai, show that people who had been sentenced to death penalty, sometimes, during first post-war years at least, were just tortured to death.

Prisoner's Rights in Somalia Law and International Law: Comparative Analysis

The article, titled "Comparative Analysis of Prisoners' Rights in Somali Law and International Law," seeks to investigate the compatibility of Somalia's domestic legislation with prevailing global standards, treaties, and principles relating to the rights of prisoners. The research methodology utilized in this study is qualitative, with a specific focus on document analysis, the researcher considers this method is regarded more reliable than alternative methods due to its precise interpretation of legal content. Existing literature on Somalia's prison facilities reveals substandard living conditions that do not meet international benchmarks, encompassing issues such as inadequate food and water quality, poor sanitation, legal system uncertainties, and insufficient mechanisms for monitoring prison conditions; therefore, this study will address the gap in comparing prisoner rights at the national and international levels where such a comparison is currently lacking. Since the establishment of the United Nations in 1945, numerous conventions aimed at protecting human rights, including those of prisoners, have been established at the international level. These include the Universal Declaration of Human Rights in 1948, the International Covenant on Civil and Political Rights in 1966, the Convention against Torture in 1987, the Kampala Declaration in 1996, and the Nelson Mandela Rules in 2015. These conventions emphasize that prisoners possess inherent human dignity, deserve better living conditions, and have the right to education and employment. International mechanisms are in place to safeguard prisoners' rights, a commitment mirrored in Somalia's national laws. However, unlike international law, Somalia's national legislation does not strongly emphasize the prohibition of torture and the use of solitary confinement as a last resort for disciplinary measures.

Derecho Penal Sustantivo y Adjetivo en México: control social para la prevención y represión de conductas delictivas

This study aimed to analyze the persistent human rights violations within the Mexican criminal justice system, despite the reforms implemented. The main objective was to examine the role of formal social control in crime prevention and repression, as well as to evaluate the effectiveness of substantive and procedural criminal law in protecting fundamental rights. To conduct this research, an review of specialized literature and reports from international and national organizations was carried out. The results reveal that, despite normative advances, practices such as torture, arbitrary detention, and inhumane prison conditions persist. These violations are exacerbated by the lack of judicial independence, corruption, and impunity. The analysis of substantive and procedural criminal law showed that, while there are advances in legislation, problems such as the imprecision of some criminal offenses, the workload of system operators, and the lack of resources persist. In conclusion, the Mexican criminal justice system faces significant challenges in protecting human rights. A comprehensive reform is required that addresses the structural causes of violations, strengthens judicial independence, professionalizes police forces, and guarantees access to justice. Furthermore, it is essential to promote a culture of legality and respect for human rights.

Drivers of adult educational engagement in Ecuadorian prisons: A gender perspective

This research paper reports an investigation on the determinants of educational engagement among the whole Ecuadorian prison population as collected in the penitentiary census conducted in 2022. By employing a probit regression model, the analysis reveals distinct patterns: while age and ethnicity significantly influence participation among male inmates, environmental factors like overcrowding play a pivotal role for female prisoners. Moreover, higher levels of formal education negatively correlate with educational engagement across both genders. These findings underscore the need for targeted policies that address both individual and environmental barriers to educational participation within Ecuadorian prisons. By understanding these dynamics, policymakers can develop effective interventions to improve prison conditions and enhance rehabilitation outcomes, contributing to broader societal goals of justice and sustainable development.

Overcrowding, Drugs Abuse and Violence vs. Rehabilitation Interviews and Perceptions of a Sample of Prisoners

Based on the interviews collected and conducted during the data gathering process for the documentary "11 days: within the prison walls”, some inmates from the prison of Nerio Fischione based in Brescia (Italy) decide to share their stories to a microphone and storytellers. The voices provide a sincere look, suitable for investigating the subjective perceptions that inmates have regarding the prison environment, exploring the complexities of their experiences. What emerges from the stories is a place that is far away from the rehabilitation purpose that it should have. The enormous issue of overcrowding, drug pills treatment abuse, and, above all, the pervasive violence within the corridors of the facility. The punitive function seems to prevail and is doubly enacted: firstly, through the nature of the prison itself, and secondly, through the prison conditions that prevent from any possibility to start a positive path. This article aims to contribute to the existing academic debate providing an insight from the prisoners’ perception about their personal experience, focusing on the issues that most frequently emerge from their testimonies: the lack of significance that they experience on a daily basis.

Examining the link between perceived prison conditions and probability of recidivism among women convicts in Tihar Jail: insight on incarceration

Purpose The purpose of this study is to fill the research gap that exists with respect to availability of research on correctional facilities in India, which restricts one’s ability to comprehend the prison environment and recidivism from the perspective of the inmates. By examining inmates’ perception of their environment within correctional facilities, researchers and policymakers can identify specific aspects of the prison climate that may contribute to increased risks of reoffending. This understanding would not only help to improve prison conditions and encourage humane treatment, but it is also essential to support the inmates in their efforts to find and retain employment, achieve self-sufficiency and personal growth. It is also necessary to encourage the inmates to participate in a variety of therapeutic and prison programmes both inside and outside of prison to help them reintegrate into the community. Design/methodology/approach The present research investigated the association between negative perceptions of prison climate and the heightened probability of recidivism among a sample of 37 adult women convicts incarcerated in Tihar Prisons, Delhi. Data were obtained by administering CSS-M Hindi version and PCQ Hindi version to the convicts in person in the prison premises. Furthermore, the collected data were subjected to Pearson’s product moment correlation coefficient to analyse the correlation between the probability of recidivism and the dimensions of prison climate. Findings Results suggested that negative perceptions of relationships in prison (staff–inmate relationship, inmate–inmate relationship), safety, facilities (cell conditions, food quality, etc.), meaningful activities (recreation, education, yard time, etc.) and autonomy in prison were inversely associated with a higher probability of recidivism. The results from the current study demonstrated that recognising and taking cognisance of the inmates’ perceptions of prison environment on their well-being and their probability of recidivism is crucial for the successful implementation of interventions and policies within correctional systems. Research limitations/implications The sample size procured for the research was relatively small, as the number of available women convicts in Tihar Prison at the time of the research was limited, making it difficult to generalise the findings. In addition, this investigation included solely women convicts, while undertrials and detenues were excluded, and thus does not represent all the individuals in conflict with the law. Practical implications The findings of the current investigation allow for the formulation of potential policy recommendations for improving the prison climate, which in turn might consequently impact future criminality. Social implications Policymakers may use these findings when developing policies that foster a rehabilitative prison environment, as it can help in reducing the incidence of recidivism. Originality/value This study is unprecedented in its approach, especially with respect to the Indian context, as it sheds light on the relatively understudied association between the variables of perceived prison climate and the probability of recidivism among women convicts in India. The findings of this study add to the current body of research indicating that subjective experience and perception of prison climate have a substantial influence on the likelihood of recidivism.

The Attitudes of Muslims Towards Muslim Women In Prisons

The Prisons across the world are meant to serve the interest of the human society. This is to help the society punish its non-law abiding citizens. In the early societies the believed in revenge, torture, the removal of offenders from the midst of ‘good people’ and even execution were common. As civilization occurs, the idea of punishment, torture and even execution have been substituted with reform and transformation. This change was important by the rights of prisoners instituted by the United Nations. Base on the above information, the conditions of many prisons in Ghana as well as the prisoners are nothing to write home about. Prisoners’ rights and freedoms are always infringed upon of which Muslim Women Prisoners are most often the victims. This article sought to find out the attitudes of Muslims towards Muslim Women in the Prisons. It was among the main objectives of the work to find out, the attitudes of Muslims towards Muslim women in the Prisons, whether the Muslim women were accorded the right respect in society, especially after serving their prison terms, right to practice their religion, whether there was any religious education available to the Muslim women in the prisons, and find the general conditions in the Prisons. The work used qualitative methods. Questionnaires were administered to the Muslim women prisoners, Muslims, Islamic Scholars and Prison officers, in order to gather the data. The data was afterward analyzed. After the research, it was realized that Muslim women in the prisons had the chance to practice their religious duties. They also had religious education as well as visiting scholars. The conditions of the prisons were very bad and the inmates had insufficient food, water and medical care.

Revolutionary women, body, and the limits of nationalist ideology in colonial Bengal: re-reading the memoirs of Bina Das and Kamala Dasgupta

ABSTRACT This paper deals with the memoirs of two Bengali revolutionary women, Bina Das’ Srinkhal Jhankar published in 1948, translated as Bina Das: A Memoir, and Kamala Dasgupta’s Rakter Akshare (Written in Blood) in 1954 to argue how their subjective desire and experience dismantle the gendered rhetoric of nationalism in colonial Bengal. The accounts of Bina and Kamala present their involvement in militant activism and subsequent imprisonment. Notably, there is an inherent urge in their writings to sacrifice life for the nation and a determination not to retreat from the torturous conditions of the colonial prison. The paper contends that the rhetoric of nationalism in colonial Bengal is embedded in hegemonic masculinity that initially confined women to the spiritual and domestic realm and later allowed them to be educated and modern without acknowledging their subjectivity. Activities of these political women thus destabilise the gender discourse prevalent in the private and public sphere of colonial society, which calls for a revision of the nationalist historiography. So, this essay will examine how tropes of the body, self-sacrifice, and penal experience, as produced in these memoirs, negotiate the nationalist ideology, subvert the binary of masculine and feminine, and establish their political subjectivity.

Recidivism, Labor Markets, and Prison Conditions: Evidence from Uruguay

What explains prison recidivism? Relying on previously unavailable data on prison inmates in Uruguay, we study how external factors, such as employment dynamics on labor-intensive low-skilled jobs, and internal, such as prison-related factors, affect recidivism. Whereas the literature on recidivism has mostly focused on developed countries, we bring its study to the developing world and find that greater employment opportunities in labor-intensive, low-skill sectors, such as construction and domestic services, reduce recidivism. Consistent with the logic of economic opportunities, we also find heterogeneous effects by type of crime (property vs non-property). Finally, we find that prison-specific factors are also relevant, pointing to the importance of understanding prisons as part of the illegal ecosystem and the crime repression system. This analysis is novel to Latin America, a region besieged by the growing influence of criminal organizations that usually extend their influence and power to prisons.

‘A storm is coming:' The New York Times coverage of the COVID-19 pandemic in American prisons

ABSTRACT In this research, we analyzed the content of 171 articles published between March and August 2020 in the New York Times (NYT) on COVID-19 in American correctional institutions. We observed that the NYT coverage decreased significantly over 6 months. Our analysis uncovered 8 themes within two broader frames: institutional and systemic inequity. Although the themes are not mutually exclusive, we argue that ‘Responding to COVID-19,’ ‘A storm is Coming,' ‘Collective Experience,' and ‘Critiquing Prison Conditions' are within the institutional framing. ‘Redefining Public Safety,' ‘Categorizing Prisoners,' ‘Doing Injustice,' and ‘Making it as a Celebrity' are the themes that highlight systemic inequity, systematic inequalities, and vulnerabilities of incarcerated people, especially minorities. Although this study is not a test of any theory, the themes are viewed via the lenses of conflict theory. Our analysis showed also that American prisons faced two simultaneous crises: mass incarceration and the COVID-19 pandemic, and that mass incarceration is not strictly a criminal justice problem, but also a public health issue. We found that the policies introduced during pandemic in the American correctional institutions were not only inadequate, but also revealed significant systemic inequalities.

Perceptions of incarcerated people: prison conditions, public health, and justice in the United States

Carceral conditions in the United States may serve as a proxy for crises within justice and health systems. This study seeks to consider and measure prison climate from the perspective of incarcerated people. By examining within-facility differences in carceral experiences, results shed light on the complex nexus between the carceral context, health, and justice. We administered the Prison Climate Questionnaire (PCQ) to the complete population of incarcerated men in a correctional facility located in the Eastern United States. In this facility, housing units hold distinct populations, fulfill different functions, and can offer unique programming. We regress select items from the PCQ on a set of dummies corresponding to different residential units within the facility. Responses indicate low but relatively uniform perceptions of overall personal health, as well as access to, and satisfaction with, medical care. Between-unit differences emerge regarding staff relationships, experiences of discrimination, and levels of isolation. The perspectives of incarcerated people can, and should, play a role in understanding and conceptualizing the nature of the prison environment. Policy responses, especially those that impact the health and well-being of currently and formerly incarcerated people, can be informed by these perspectives.

Insights into Factors Impacting On Non-Communicable Diseases in the Prisons of Pakistan- A Scoping Review

Non-Communicable Diseases (NCDs) continue to increase globally, including where recorded among prison populations. Pakistan, like many low- and middle-income countries is facing significant health system challenges. Little is known about NCDs in its prison population. A scoping review mapped and described what is known about factors impacting on NCDs in the prison population of Pakistan. Objective: To describe factors impacting Non-Communicable Diseases (NCDs) in the prison population of Pakistan and to inform policy and improve prison conditions, nutrition, and healthcare for effective NCD management and care. Methods: A comprehensive search was conducted on Web of Science, PubMed and EMBASE, restricted to publications from 2000 to 2023. Eight studies fulfilled the eligibility criteria. Records were independently screened, charted and content analysis was undertaken. Results: Six themes were generated; Nutritional and dietary provisions, Physical activity and body mass index; Substance use and dependence; Hypertension and diabetes; Access to medical care and Mental health. Prior and detention related risk and lifestyle factors underpin the chronic ill health of people living in prison. These include prior history of smoking and alcohol use, and situational aspects of prison conditions causing environmental stress, malnutrition and sedentarism. Where reported, hypertension, obesity and depression were high among people in prison. Conclusions: Prisons are fundamental to the domestic NCD response. Prisons in Pakistan require dedicated resourcing to improve basic conditions, nutrition and healthcare allocations for all people living in prisons. The review highlights the need for prison-based NCD screening, diagnosis, treatment and care in Pakistan, in close alliance with specialist care in hospitals. Further health research is warranted to examine the effectiveness of NCD policies and practices in place in contemporary prison systems in Pakistan.

Respect for human rights in the Romanian penitentiary system. Good practices in international prison systems. Pro Universitaria Publishing House, Bucharest, 2024. Alexandru Petre

Respecting human rights in prison represents one of the most important issues when we speak about detention. The quality of prison life is depending on a series of factors, which can influence the behaviour of detainees. Romania is subject of criticism regarding the prison condition, with multiple convictions at European Human Rights Court and still the number of incidents are not higher than those happening in other countries with better detention conditions. The author presents the results of a research focused on the relation between prison service quality, detention condition and medical treatment of the inmates and their behaviour. The conclusion of his study complemented with the good practices identified at international level can represent a guide for improvement of practices and policies within prison service.

The hunger strike in prison: bioethical and medico-legal insights arising from a recent opinion of the Italian national bioethics committee.

This contribution addresses some bioethical and medico-legal issues of the opinion formulated by the Italian National Bioethics Committee (CNB) in response to the dilemma between the State's duty to protect the life and health of the prisoner entrusted to its care and the prisoner's right to exercise his freedom of expression. The prisoner hunger strike is a form of protest frequently encountered in prison and it is a form of communication but also a language used by the prisoner in order to provoke changes in the prison condition. There are no rules in the prison regulations, nor in the laws governing the legal status of prisoners, that allow the conscious will of the capable and informed subject to be opposed and forced nutrition to be carried out. However, this can in no manner make therapeutic abandonment legitimate: the medical doctor should promote every action to support the patient. In the recent opinion formulated by the CNB it was remarked how self-determination is a central concept in human rights and refers to an individual's ability to make autonomous and free decisions about his or her life and body.

Tinjauan Kriminologi Terhadap Residivis Kasus Pencurian di Kota Kupang

The purpose of this research is to analyze the criminological review of recidivist theft cases in Kupang City. This research is a type of empirical juridical research and the data collection uses interview techniques with respondents and literature studies. The data was analyzed descriptively qualitatively. The results of this study indicate that the factors causing theft crimes by recidivists are economic factors, environmental factors, family factors, opportunity factors, psychological factors. The modus operandi carried out by recidivists is to survey or monitor the location of the theft randomly and then lurk, follow, and some even block the targets in place to carry out the theft. Countermeasures against recidivists, namely preemptive efforts are prevention efforts carried out early on, and preventive efforts emphasize prevention efforts to eliminate opportunities to commit crimes that must be carried out individually, society, government and police officials. As well as countermeasures by means of coaching carried out by prisons and detention centers against recidivists are personality coaching and independence coaching. The author's suggestion is the need for support and active role from all levels of society to fully support the implementation of countermeasures carried out by the police and correctional institutions. The importance of legal awareness in oneself of the legal values that apply in a community group. Especially for correctional institutions, changes are needed in the coaching system where coaching for recidivist prisoners needs to be stricter and psychologist assistance is needed so that the mental health conditions of prisoners are checked and it is also necessary to eliminate some of the rights of prisoners such as leave before release and conditional release.