Prison Regulations Research Articles

Intellectual property rights behind bars

This article investigates the conditions under which intellectual property rights are created in prison as well as the possibilities inmates are given to exercise these rights. The article adopts a predominantly Swedish perspective, while it also refers to illustrative examples of cases of creative works created behind bars in US prisons. The two penitentiary systems differ considerably, but there are some interesting conclusions to be drawn from the US experience and some unexpected similarities that may be noted in the way copyright protected works made in prison are treated. The article discusses, in its first part, the evolution of the penitentiary system in Sweden and the regulation of penal work and leisure times activities. The copyright system is briefly presented with a focus on the way copyright operates when the author is an inmate. Furthermore, the article provides illustrations of prison programmes that have resulted in the creation of copyright-protected works in the US, and how the US legal system has dealt with the question of copyright ownership of works created by inmates. Turning back to Sweden, the article reflects on the two writing programmes that have recently led to book publications authored by inmates, as well as on the fate of the ‘made in prison’ branded products. The article investigates yet another project, the Krimtech project that concerns other forms of inmate input to intellectual property, namely, the collection of data. The Foucauldian theory provides a theoretical umbrella under which the discrepancies between the copyright-law principle of equality of authors, and the actual practical implementation as well as the impact prison regulation has in this respect is discussed and analysed.

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.

Border control within Spanish prisons? Intersections between immigration control and imprisonment at the southern border of Europe

Recent scholarship has highlighted that, for many foreign nationals, Western European prisons function as 'places of crimmigration' where non-citizens are over-represented, often excluded from rehabilitation efforts, sometimes held in segregated prisons, and where it is common for incarceration to lead to deportation. However, this literature has mainly focused on north-western European countries and has neglected countries on the EU's southern border, where different dynamics may be at work. This research aims to provide a broader understanding of how border control shapes imprisonment in Western European prisons by including Spain, a Southern European country, in the picture. To this end, this article examines prison regulations on foreign inmates and original statistics on their release and expulsion from prison. In doing so, this paper demonstrates that the aims of border control have permeated Spanish prisons, making imprisonment into an exclusionary punishment for certain non-citizens and introducing a new role for prison staff. The findings of this study also indicate that expulsions are used selectively on a small proportion of incarcerated noncitizens. This result is consistent with previous research suggesting a discrepancy between crimmigration discourse and practice, while also revealing the existence of hierarchies of belonging.

The Cruel Optimism of International Prison Regulation: Prison Ontologies and Carceral Harms

This article examines the development of international human rights standards and oversight mechanisms directed at addressing the negative effects of imprisonment. We identify this as the rules-based prison-regulation project, widely endorsed by international organizations and legal scholars. However, with a focus on the United Nations Standard Minimum Rules for the Treatment of Prisoners, we argue that this project has inherent limitations, as it is based on (a) a reductive understanding of carceral harms and (b) a rule-centric ontology of prisons. By challenging these foundations, we explore whether the project exemplifies “cruel optimism” (Berlant, 2011), where the pursuit of improved prison regulation could inadvertently hinder societal flourishing. We argue that the continuous search for new and better prison standards may perpetuate rather than alleviate the problems associated with imprisonment unless accompanied by explicit strategies for countering prison growth and dramatically reducing prisoner numbers, for building the democratic power of prisoners and communities targeted by imprisonment, and continual linkages between prison conditions and the wider political-economic institution of imprisonment. We conclude that engaging with prisons as sites of relational power in practice must underlie any quest to reduce the harms of imprisonment.

Фактори трансформації інституту ув’язнення у Російській імперії в першій половині ХІХ ст.

The purpose of the study is to determine the impact of such social processes as the growth of crime and vagrancy and begging on the transformation of the penal policy of the Russian Empire in the fi rst half of the 19th century, in particular, their impact on the transfor- mation of the institution of imprisonment. Th e research methodology is based on the principles of a concrete-historical approach or historicism. Quantitative research methods, historical com- parative method, general scientifi c methods of analysis and synthesis were used in the research. Scientifi c novelty. In the study, an attempt was made to explore the specifi cs of the transforma- tion of prison regulation in the Russian Empire under the infl uence of social factors. Th e major- ity of researches, both of the 19th century and modern ones, determine as factors the infl uence of the political and legal thought of the Enlightenment era and the infl uence of English philanth- ropists, fi ghters for penitentiary reforms. Th is work focuses attention on social processes and how they infl uenced the course of prison transformations. Conclusions. In the fi rst third of the 19th century in the Russian Empire, as a result of wars, the weakening of state control, and tax increases, there was an increase in crime and increased manifestations of population mobility in the form of vagrancy and begging. Th e overcrowding of prisons and the strain on the deportation infrastructure as a result of these processes contributed to the fact that the authorities began to pay more attention to problems related to the penal system. Th e overcrowding of prisons served as the background against which the construction of new prison castles and the creation of the Society for the Care of Prisons took place. Th e increase in the cost of exile, which occurred as a result of the attempt to use this punishment to combat vagrancy, led to the formation of the arresting companies of the civil department. Having become a cheap alternative to exile, the authorities gradually increased the importance of this type of punishment, which slowed down the reform of criminal prisons for many years.

Prisoners regulating prisons: Voice, action, participation and riot.

Prisoners are a critical source of prison regulation around the world, but regulation by (rather than of) prisoners remains little analysed. In this article, we utilise the 1990 riots at HMP Strangeways (England), as a case study of prisoners (re)shaping imprisonment. We examine prisoners' roles in these riots and subsequent cross-sectoral regulatory activities. We innovatively use the four-phase process of translation from actor-network theory to guide document analysis of (1) Lord Woolf's official inquiry into the riots and (2) the voluntary organisation Prison Reform Trust's follow-up report. We explore how participatory approaches could inform prison regulation through (former) prisoners partnering with external regulators throughout the processes of identifying problems and solutions to establish broader alliances seeking social change.

Środki poprawczo-wychowawcze stosowane wobec małoletnich więźniów w Królestwie Polskim (do 1867 r.)

Introduction: During the autonomous period of the Kingdom of Poland, seven-year-old children were already under criminal responsibility. Tragic consequence of juvenile delinquency was imprisonment, during which minors served the sentence with demoralized adult prisoners. Corrective and educational measures were to counteract this phenomenon. Research Aim: The aim of the article is to present corrective and educational measures in the light of legal solutions for juvenile prisoners in the autonomous period of the Kingdom of Poland. Institutional sources in the form of penal code, regulations of the Administrative Council, regulations of the Government Commission for Internal and Clergy Affairs and prison regulations relating to juvenile offenders and juvenile prisoners were analyzed. Evidence-based Facts: In the history of rehabilitation pedagogy, there is no synthetic study on teaching minors in prisons during the autonomous period of the Kingdom of Poland. The few research results focusing on the state of prison education at that time, only marginally refer to the education of children in prisons. These issues were dealt with by both nineteenth-century social activists and researchers in the interwar period. In the post-war period, we can also find it incidentally in monographs devoted to the rehabilitation of minors. Summary: Despite the fact that the main goal of the partition policy towards children was Russification, the efforts made in prisons, thanks to the social commitment of penitentiaries, contributed to their moral improvement.

Chemical Castration for Child Rapists Judging from Indonesia's Ratification of ICCPR and CAT

The Mojokertoo District Court imposed a castration sentence for the crime of raping a child. Indonesia is still focused on retributive justice. The punishment of chemical castration destroys the mental and future of the perpetrators. The purpose of this study is to describe chemical castration about Indonesia's ratification of the ICCPR and CAT, and chemical punishment in terms of the purpose of punishment. This study uses a normative approach, and the data used are secondary data and qualitative analysis. The results of this study indicate that the imposition of chemical castration for the crime of raping children by the Mojokerto District Court Judge is contrary to Indonesia's ratification of ICCPR, CAT, and violates human rights. The punishment for castration is physical and mental torture. The ICCPR and CAT regulate the prohibition of torture, both physical and mental, which degrades human dignity. Castration is seen as physical and mental torture. Torture is one of the important international instruments in the protection of human rights. Committing torture is seen as an international crime. Chemical castration is a punishment that focuses on deterring the perpetrators. The purpose of punishment includes the protection of the community, rehabilitating and resocializing the perpetrators, to restore the balance between the perpetrators and the people who are disturbed by the commission of a crime. The punishment system is not a prison regulation system but has adopted a correctional system. The penitentiary system is no longer focused on retaliation but on fostering the perpetrators to realize their evil deeds. The punishment of criminals must also pay attention to the values contained in Pancasila, and the values that live in society. The crime of chemical castration needs to be reviewed.

Chemical Castration for Child Rapists Judging from Indonesia's Ratification of ICCPR and CAT

The Mojokertoo District Court imposed a castration sentence for the crime of raping a child. Indonesia is still focused on retributive justice. The punishment of chemical castration destroys the mental and future of the perpetrators. The purpose of this study is to describe chemical castration about Indonesia's ratification of the ICCPR and CAT, and chemical punishment in terms of the purpose of punishment. This study uses a normative approach, and the data used are secondary data and qualitative analysis. The results of this study indicate that the imposition of chemical castration for the crime of raping children by the Mojokerto District Court Judge is contrary to Indonesia's ratification of ICCPR, CAT, and violates human rights. The punishment for castration is physical and mental torture. The ICCPR and CAT regulate the prohibition of torture, both physical and mental, which degrades human dignity. Castration is seen as physical and mental torture. Torture is one of the important international instruments in the protection of human rights. Committing torture is seen as an international crime. Chemical castration is a punishment that focuses on deterring the perpetrators. The purpose of punishment includes the protection of the community, rehabilitating and resocializing the perpetrators, to restore the balance between the perpetrators and the people who are disturbed by the commission of a crime. The punishment system is not a prison regulation system but has adopted a correctional system. The penitentiary system is no longer focused on retaliation but on fostering the perpetrators to realize their evil deeds. The punishment of criminals must also pay attention to the values contained in Pancasila, and the values that live in society. The crime of chemical castration needs to be reviewed.

Prokurator jako organ nadzoru penitencjarnego — od pełnej kontroli do utraty pozycji organu postępowania wykonawczego

This paper discusses the evolution of the position and role of the prosecutor in the course ofshaping the institution of penitentiary supervision. Penitentiary supervision is the process of examining (controlling) the activities of the bodies established to carry out isolation measures, combined with the possibility of assistance, influence and modification of this activity. In the past, the scope of the prosecutor’s influence on the functioning of the broadly understood criminal justice system was much greater. The evolution from prosecutor supervision, through prosecutor–court supervision, to the current model of only judicial supervision, is an interesting example of a clash between two competing participants in criminal proceedings. Judicial penitentiary supervision has turned out to be more effective, and, above all, it is a guarantee of lawful and humane execution of imprisonment and pre-trial detention. The prosecutor’s supervision, especially in the period after the adoption of the 1969 Executive Penal Code, did not enjoy the same prestige as that of a judge. Prosecutors are not an independent body like judges and it was difficult to consider their decisions fully impartial. The study is a historical analysis. The time range is determined by two important normative regulations. The beginning is the decree of the Chief of State of 8 February 1919 on temporary prison regulations, where the term penitentiary supervision (performed only by a prosecutor) appears for the first time in Polish legislation. The closing date is the adoption on 6 June 1997 of the Executive Penal Code, introducing only judicial penitentiary supervision and removing it from the scope of prosecutors’ powers.

"I Wish I Could Hold Your Hand": Inconsistent Interactions Between Pregnant Women and Prison Officers.

Much of the literature on pregnant women who are incarcerated focuses on perinatal outcomes for infants, access to and quality of medical care, mental health concerns, prison nurseries, and shackling. This research adds a unique contribution by exploring women's interactions with prison officers during pregnancy, labor, and birth. Based on in-depth interviews with 18 pregnant or postpartum women incarcerated at a maximum-security state prison, the findings suggest inconsistent interactions between women and prison officers. Officers served as gatekeepers and/or advocates. Women reported dehumanizing behaviors, yet they also experienced compassion, especially in the delivery room, though limited by prison regulations. The findings have implications for training in trauma-informed care, clear expectations for prison officers, and consideration of doula programs.

Masculine Embodiment Among Sexual Minorities in a Women’s Prison

ABSTRACT Sexual minority women are disproportionately incarcerated and more likely to experience structural and interpersonal violence while incarcerated than heterosexual cisgender women. To build knowledge about this population and inform social work practice, theories of embodiment were used to conduct thematic analysis of five interviews with lesbian, gay, bisexual, transgender, and queer masculine-identified people who had been incarcerated in a women’s prison. This analysis explicates how participants used bodily practices to construct gender and communicate identity to themselves and others. Uniforms, prison regulations, and physical manifestations of female embodiment complicated these efforts. Participants described the ways in which they monitored and evaluated their own bodies while also managing the constant surveillance of their bodies by others. Taken together, these findings explicate the ways in which participants’ bodies were produced both through their actions and the external gaze of others. Implications for social work include exploration of language and masculinity in practice settings and suggestions for correctional policies. Findings encourage inclusion of non-binary frameworks and increased attention to the embodied self in order to expand understandings of human behaviour in the social environment. IMPLICATIONS Interpret with caution any information about gender identity surmised from intake forms and observation of clients’ bodily practices. Ask clients to describe their gender identity. Prioritise correctional policies that promote the health and safety of incarcerated people and staff over policies that enforce social norms related to gender and have no implications on security. Encourage re-entry service providers to collaborate with LGBTIQA+ organisations that provide social support to clients who identify as sexual minorities.

Reconceptualizing multisectoral prison regulation: Voluntary organizations and bereaved families as regulators

Prison health, prisoner safety and imprisonment rates matter: intrinsically and for health and safety outside. Existing prison regulation apparatuses (e.g. OPCAT) are extensive and hold unrealized potential to shape imprisonment. However, criminologists have not yet engaged much with this potential. In this article, I reconceptualize prison regulation by exploring the work of a broad range of multisectoral regulators who operate across stakeholder groups. I illustrate that voluntary organizations and families bereaved by prison suicide act as regulators, although their substantive actions have been erased from official narratives. Mobilizing (threats of) litigation, these actors have responsibilized the state and brought qualitative changes across the prison estate.

Dilema del cuerpo penitenciario: Corporalidad trans en el sistema carcelario colombiano

En 2016, el Instituto Nacional Penitenciario y Carcelario (INPEC) de Colombia reformó el reglamento de establecimientos de reclusión con el propósito de integrar medidas de antidiscriminación para la población LGBT. Reconociendo la función disciplinaria que tiene el complejo carcelario, este artículo analizará el reglamento del INPEC a través de la aproximación queer del derecho propuesta por Dean Spade. A partir de esa herramienta analítica, se argumenta que estas medidas antidiscriminación establecen un efecto dinámico sobre el derecho al libre desarrollo de la personalidad de las personas trans privadas de la libertad. Esto es consecuencia de que la estrategia penitenciaria, al mismo tiempo que es un triunfo para el activismo LGBT, perpetúa un discurso binario y esencialista de la sexualidad. El artículo pretende demostrar que la reforma antidiscriminación del INPEC es un derecho queer: una maquinaria que degrada y protege, al unísono y de forma contradictoria, la vida trans.

Legal Research Methodology and Copyright Law

As contributors of legal fraternity judges, lawyers, academicians, researchers and college students constantly have interaction in prison studies and writing, the prison researchers and writers play a double function of their educational exercising as each creators and customers of copyrighted materials. It means, they've rights and obligations in regards to copyright regulation. The gift article analyzes the copyright troubles worried in studies and examines the methods via way of means of which the educational authors have to protect themselves from the expenses of copyright infringement and plagiarism. Doctrinal legal studies methodology, additionally called black methodology, makes a speciality of the letter of the regulation instead of the regulation in action. Using this method, a researcher composes a descriptive and distinctive evaluation of prison regulations determined in number one sources (cases, statutes, or regulations)

Vivências de “grades afora”: rotinas e experiências disrupturas do trabalho prisional no Recife oitocentista

O propósito deste artigo é investigar as dinâmicas do trabalho prisional na Casa de Detenção do Recife durante o século XIX. Manuseando diversas fontes primárias, buscamos avançar para além da retórica dos gestores e dos regulamentos prisionais e enfatizar alguns aspectos do trabalho prisional como a possibilidade dos detentos transitarem fora do perímetro das instituições prisionais, quando da execução de algumas das suas atividades laborais. Não raro, essa modalidade de trabalho conferia aos presos uma vivência menos isolada do que se supunha e permitia uma experiência de “liberdade parcelar”. A observação dos presos em suasandanças pela cidade permite dimensionar os fluxos que atravessavam e interligavam a sociedade recifense e o universo do encarceramento e sublinhar as inúmeras implicações dessa contiguidade para o cotidiano prisional. No que concerne ao recorte cronológico, nossa observação está circunscrita à gestão de Rufino de Almeida (1861-1875).

DEVELOPMENT OF PENITENTIARY HYGIENE AND SANITATION IN RUSSIA (END XVIII-EARLY XX CENTURY)

The article considers the historical aspect of sanitary development in the domestic penitentiary system. In 1788, the Regulations on Prisons were adopted, in which the sanitary requirements of the penitentiary systems of European states were used. Since 1819, the Ministry of Internal Affairs of the Russian Empire organized sanitary affair. This provided the conditions for the development of penitentiary sanitation. The legal basis for sanitation for prisoners was established in 1831. In 1850 in prison died 1598 criminals of a 980,000 who were in prison (0.16%). This is evidence of a good level of sanitation in Russia at this time. In 1879, the Chief Prison Directorate of the Russian Empire appointed an inspector for the sanitary unit. He developed sanitary measures and coordinated their implementation. The role of professor A.P. Dobroslavina is shown in the development of penitentiary hygiene and sanitation. The primary link of the domestic penitentiary system was the administration of prisons. According to the law of June 15, 1887, doctors and paramedics were assigned to them. They organized and conducted sanitary measures. Treatment of sick prisoners and sanitation was carried out at the expense of the state. It was revealed that more attention was paid to the prevention and treatment of infectious diseases. Normative sanitary acts in the penitentiary system must have mandatory for the administration of places of detention. For the purposes of sanitary and epidemiological well-being, it is not possible to subordinate medical workers to the prison director. This was provided for by the General Prison Regulations of 1915. But, unfortunately, has not been implemented so far. The authors believe that the time has come to implement this norm in practice.

Pengaruh Pola Makan terhadap Status Gizi Narapidana Lapas Kelas II A Baubau

ABSTRACT Background: Fulfillment of food is a human need to maintain its life and carry out daily activities, the law Number 12 of 1995 Article 14 mandates that prisoners are entitled to health services and adequate food. Research Purpose: This study aims to determine the effect of diet on nutritional status of prisoners in prison Class II A Baubau. Research Method: The study was conducted in February of 2018 at the Class II A Baubau Prison Center on 132 prisoners. The research method used was observational analytics with cross sectional approach by measuring body weight and height also interview using questionnaire. The data of the research were analyzed using chi square test. Research Result: The results showed that 23.5% of respondents were nutritional status of thin, 65.9% normal nutritional status and 10.6% of respondents had more nutritional status. Prisoner diet was found that 82.6% of respondents get food according to the prison regulations and 17.4% of respondents get food not in accordance with prisons. Chi square test showed that there is influence of diet to nutritional status of prisoner shown with value P = 0.000. Conclusion: The conclusion of this research, that there was a dietary influence on the nutritional status of prisoners of Class II A Baubau. It was expected that the government and the prisons can pay attention to the intake of nutrients received by prisoners to achieve optimal prison health and coaching processes.Keywords: Prison, Inmates, Dietary Habit, Nutritional Status

Analysis of the diet in a Spanish prison and the level of perception in a sample of prisoners

An analysis is carried out of the diet provided at the Quatre Camins prison (Barcelona), where meals were modified in the first quarter of 2017 to provide a healthier diet. The new meals are described in relation to the most prevalent chronic and metabolic pathologies in the prison population and it is checked if they correspond to a healthy diet. The food offered at the prison shops and the perception of prisoners regarding prison food are also analysed. A mixed methodology study was carried out: a) a descriptive analysis of the new food offered by the kitchen service; and b) an analysis of the meals using the Spanish Healthy Eating Index (IASE) as a reference; as well as a description of the most prevalent pathologies in the prison. To determine the prisoners' perceptions, an ad hoc self-completed questionnaire was designed that consisted of four closed Likert questions and four open questions about the perception of prison food. The prisoners who responded to the questionnaire did so voluntarily, anonymously and under informed consent. A sample of 22 prisoners was used. The score according to the IASE is 60.5 points. The assessments of the sample of 22 prisoners regarding quality, quantity and perception of diet as healthy does not reach pass. Access to safe water and food meets the requirements for healthiness, quality and quantity regulated by the current Prison Regulation. The results obtained suggest that the diet in the prison "needs changes" according to the IASE.

Substance use characteristics, health risk practices and associated factors among people imprisoned in Catalonia: a cross-sectional study

There are gaps in the available knowledge about substance use and risky practices among prison inmates witch we proposed to clarify in order to improve interventions. We conducted a specifically adapted survey with 178 potential users imprisoned in the Brians 1 Prison of Barcelona. We applied a snowball sampling method, with peers as privileged access interviewers, which is particularly recommended to bring out hidden information. 74.7% of participants admitted to excessive use of addictive substances throughout their life. In the last 6 months in prison, 75.8% accepted that they had used drugs, while 18.5% injected them. 36.4% of the latter group participated in the needle exchange program (NEP) of the facility and 54.5% acknowledged that they shared the needles. Spanish people (adjusted odds ratio (AOR = 4,79), recidivists (AOR = 2.67), penalised individuals (AOR = 2.70) and those involved in serious transgressions of prison regulations (AOR = 3.01) showed greater probability of substance use in prison. A longer sentence (AOR = 1.13), having undergone treatment for drug problems (AOR = 3.84) and being a carrier of blood-borne infections (AOR = 3.95) were linked to intravenous drug use. Injectors in the NEP were predominantly women (66.7%) and were more interested in caring for their health (90.9%). The study reveals use of addictive substances and health risk practices among inmates in Catalonian prisons, despite their exposure to prevention policies mainly focused on abstinence; relates health risk behaviours to marginalization processes within the institution, and then consider the need to extend the scope of harm reduction interventions and to reinforce its appeal by incorporating the users' perspectives on the issue.