Prison Punishment Research Articles

Practices in the Field of Disciplinary Liability of Convicts While Serving a Sentence of Imprisonment: Analysis of International Experience

The article examines the issue of international experience of disciplinary liability of persons sentenced to imprisonment on the example of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the European Prison Rules and other international acts, and also examines the experience of individual countries. The purpose of the study is to identify the main standards and "good practices" of applying disciplinary sanctions to persons sentenced to imprisonment. The relevance of the study is stipulated by the need to implement international standards in the penitentiary system of Azerbaijan, taking into account the latest monitoring data on the practice of applying disciplinary sanctions to prisoners. The study was carried out within the framework of comparative penology using the methodology of an integrated interdisciplinary approach to the issue under study. Based on the results of the study, the author identified the main prohibited practices: corporal punishment, placement in an unlit cell, deprivation or restriction of food and drink, forced labour, collective punishment of prisoners, any cruel, inhuman or degrading treatment; and permitted practices: warnings, reprimands, telephone access, prohibition of short-term visits, prohibition of shopping, prohibition of receiving parcels and correspondence, solitary confinement or solitary confinement as a last resort. The author also emphasises the rights of prisoners to information on the rules of conduct in the penitentiary institution, to participate in a disciplinary hearing and to appeal against a decision to impose a disciplinary sanction, which constitutes the scientific novelty of the study and areas for further research.

Humanization of the penitentiary system as the promotion of nonviolent practices

The humanization of society as a voluminous, complex process is revealed through the humanization of individual institutions. In the modern civilized world, one of the important indicators of the progressiveness of society is measured through the state of its penitentiary system. According to Nelson Mandela's famous thesis, society should be judged not on the basis of how it treats representatives of high society, but by what attitude it has towards those who are at the lowest level. The institution of prison, as a fundamental element of the penitentiary system, implements the functions of correction and punishment and is one of the controversial ones, since the phenomenon of punishment itself actualizes various ethical discourses. Within the framework of the institution of prison, such concepts as «justice», «freedom», «value», etc. acquire special sensitivity. Being a kind of indicator of the moral state of society, the institution of prison highlights the state of civil society, its economic and political potential. This article examines the issues of the emergence and development of the penitentiary system with a focus on the Kazakh penitentiary system. Attention is focused on the moral principles of punishment. The research focuses on the criteria of retribution and the ultimate goals of punishment. By systematizing and distinguishing different approaches to punishment, the potential of alternative practices to prison punishment is understood.

How Far does Prison Punishment Extend? Re-entry Processes in the Digitalised Society

This article questions how far punishment extends in a digitalised society, focusing on the complexities in relation to prison release and re-entry processes for people who have served a long prison sentence. Drawing on Gilles Deleuze’s concept of “societies of control” and Nils Christie’s concepts of “dense and loose societies,” the article discusses re-entry within the context of the Norwegian digitalised society. Through person-centred, multi-site fieldwork, the analysis identifies three types of complexities regarding re-entry processes. The first is how small and unforeseen events can reset the time of release from prison. The second is how digital gatekeepers in public welfare services create obstacles in the re-entry process. The third is how the possibility of online tracking and monitoring provides new forms of social control and pain after release, which creates an environment where a person’s criminal past affects his or her everyday life. This article challenges binary scientific understandings between the inside and the outside of prison and provides insights into the processes of how digital punishment and new forms of control occur in digitalised society. In this way, the article analytically contributes to the discussion of how the normative demand of being a free person after completing sentences in Norwegian criminal policy has been further complicated in a digitalised society.

ОБМІН ОСІБ-ВІЙСЬКОВОПОЛОНЕНИХ: ТЕОРІЯ ТА ПРАКТИКА КРІЗЬ ПРИЗМУ ІНСТИТУТУ ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ

The article analyzes the theory and practice of the exchange of persons as a prisoner of war through the prism of the functioning of the institution of release from serving a sentence, which in general allows to restore the rights and freedoms of defenders of Ukraine who were captured and assigned to the exchange fund of the foundation. It has been established that the content and essence of release from serving a sentence as an institution of criminal law, in particular in the context of prisoner of war exchange processes, is an extremely important and effective tool, the mechanism of which is the return to Ukraine of its defenders who were captured by the Russian side in exchange for those combatants who were captured by the defense forces of Ukraine and whose guilt was proven. It has been proven that in the conditions of the current legal regime of martial law in Ukraine and active hostilities, it is necessary to apply the institution of release from serving the punishment of prisoners of war, taking into account all procedural aspects of criminal and criminal procedural legislation. At the same time, it is stated that the role and place of the relevant institute in the context of the exchange of prisoners of war requires additional study at a higher scientific level, because researchers are constantly blurring the line between the release from serving the sentence of convicted persons and the release from criminal responsibility in the context of the exchange of prisoners of war who have the status of a suspect. Accordingly, this topic is on the border of the sciences of criminal law and criminal process, which will require the involvement of a wider range of researchers.

Establishing a Panoptic Prison: An Examination of Fremantle Gaol, 1831-1841

Despite the Swan River Colony (1829) of Western Australia being founded as the first, experimental, and free colony on the Australian continent, crime and punishment were intertwined with colonisation. It can be demonstrated that Jeremy Bentham’s writings on punishment and reform, specifically through the panopticon, had a significant influence on the punishment of prisoners in the Swan River Colony. Most notably, this occurred through the construction of Fremantle Gaol (1831). Indeed, in the emerging port town of Fremantle, the jail was designed by Henry Willey Reveley, a known associate of Bentham, and it incorporates crucial elements of the panopticon into its architecture and operations. Whilst it should be noted that the prison does not conform to the entirety of the panopticon design, it can be viewed as a practical response to the model in a colonial setting with limited resources. Deviations from the methods of discipline and punishment outlined by Bentham through the panopticon and other writings are attributable to the increased need for the perception of control over a disgruntled settler population who felt that they had been misled regarding the potential of the colony, and an Indigenous population who sought to defend their homeland against invasion. Thus, the jail provides an interesting insight into the state of crime, society and penal trends that emerged in the formative years of the Swan River Colony between 1831-1841. Through analysis of the surviving records, this paper will examine Fremantle Gaol as an example of Bentham’s panopticon, in particular how its architecture and operations mirrored the model.

К вопросу об институционализации пенитенциарной социологии

Nowadays a new direction of penitentiary sociology is being actualized in the scientific community, which considers significant issues of social adaptation of convicts, their subculture, stratification, and resocialization. The importance of sociological knowledge in this area is substantiated, facts about a contradictory vision of punishment as a social function are presented. The subject of the author's consideration is the peculiarities of the interpretation of penitentiary sociology and the specificity of its formation. The purpose of this article is to characterize the boundaries of the subject field of this sociological knowledge and to consider the specifics of considering prison punishment from the point of view of multifunctional purpose. The authors consider the protosociological approaches of D. Howard, S. V. Poznyshev to the issue of organizing the penal system, as well as M. Fuko sociological interpretation of the role of punishment in society.

Hospital Scenes in Dostoevsky’s “Notes from a Dead House”

Dostoevsky conceived “Notes from a Dead House” as a memoir, but the concept was transformed, leading to a change in the chronology and circumstances of the author’s biography. The writer not only described, but also composed his life, placed it in the context of world history. Hospital scenes are important in the structure of “Notes.” Dostoevsky gave an almost professional description of physical illnesses and their treatment. He passes competent judgement on hospital medicine, is fluent in the medical thesaurus, and uses medical Latin. His descriptions are accompanied by judgments and stories about crimes and corporal punishment of prisoners, about executioners and executioners. He believes that medicine in Russia is hostile and does not correspond to the spirit of the people, their habits. The author’s descriptions are factual. They recreate an empirical reality that receives metaphysical interpretation. The means of transforming the empirical into the sacred is Dante’s “Divine Comedy,” which influenced the concept of hell, the poetics and structure of Dostoevsky’s “Notes from a Dead House.” Dante saw hell, purgatory, paradise; his visions became the subject of poetry. Dostoevsky lived in hell, in a “Dead House,” this is his personal experience. There are two narrators in the “Notes”: the author’s alter ego and the fictional Alexander Petrovich Goryanchikov, a kind of literary mask of the author. They have different roles, which are often difficult to distinguish. The hero’s name and patronymic are most often heard in conversations with other characters: he asks questions, and they tell him about themselves. It is not the author who asks tactless questions to the heroes — Alexander Petrovich, a knowledgeable prisoner of the “Dead House,” does it for him. He is Dostoevsky’s Virgil. Alexander Petrovich has no future, his hellish toils without purgatory and paradise continued in the “hellish life on the outside.” Not purgatory, but Easter is the act of transformation of the author, who has risen from the dead, found freedom, a new life and a future.

Abuse of Notary Tenure That Implies Criminal

Notary is a legal profession so that the profession of notary is a noble profession ( nobile Officium ). The deed which is made by the notary can be the legal basis for the status of the property, the rights and obligations of one. Confusion over notarized deed can cause a waiver of a person's rights or the burden of a person on an obligation, therefore notary in the task of his office shall comply with the various provisions of the law number 2 of 2014 on the amendment to law number 30 of 2004 about the Notary Tenure. In the practice of many notary public are found by the parties or other third parties, the notary is often withdrawn as a party to conduct or assist in committing a criminal offence. In law number 2 of 2014 on The Amendment To Law number 30 of 2004 about the notary department there is a vacancy of the norm regarding the criminal responsibility of a notary in the misuse of Notary Tenure. This research aims to analyze the criteria and indicators of Abuse of Notary Office That Implicates Criminal and notary criminal liability in the misuse of notary tenure. This method of research using normative legal, research methods means research using the literature material. The approach is used is a statutory approach, conceptual approach and a case approach. The first result of this research is the criteria and indicators of abuse of the Department of Notary Tenure that Implicates Criminal arising from the admisappropriation of authority which is conducted by the notary stipulated in Article 15 of Law number 2 of 2014 concerning the amendment to the law number 30 of 2004 about the notary tenure. In addition to misuse of authority, the criteria and indicators of abuse of the notary tenure of the criminal arise for not implementing the obligations stipulated in Article 16 paragraph (1) of Law number 2 of 2014 concerning the amendment to law number 30 of 2004 about the notary tenure and the breach of the prohibition set forth in Article 17 paragraph (1) of Law number 2 of 2014 concerning amendment to law Number 30 of 2004 concerning notary. Secondly, the responsibility committed by a notary depends on the mistakes he has made. If the notary violates criminal rules, the notary shall be criminally liable in the form of prison punishment. If the infringed is a civil rules, the notary is subject to a indemnity of the deed and the deed made by the power of the evidence down to be private. Whereas when done is an administrative offence, then the notary can stop from his tenure.

The Problematic Execution Of Criminal Sanction For Minimum Fines In The 1945 Constitution Number 35/2009 Concerning On Narcotics (Legal Region Of Dharmasraya District Attorney)

This research explained about problematic execution of criminal sanctions for minimum fine in 1945 constitution number 35/2009 concerning on narcotics in legal region of Dharmasraya District Attorney Office and the effort to overcome those problematic based on constitution number 35/2019 concerning in narcotics in legal region of Dharmasraya District Attorney Office. This research used criminal theory and law enforcement theory, the method used here is empirical research category and research location within Dharmasraya District Attorney. The result of this research indicates that the whole problem of criminal concern in narcotics which handled by Dharmasraya District Attorney, none of the convicted people implementing judge decision of criminal sanction. Most of the convicts choose to take a prison sanction as a substitute of paying penalty money rather than paying penalty money itself. There are two main factors of why most convicts choosing that decision, economic limitation of every convicts and the possibility of every convicts to take a prison punishment with a quite short period and it considered better than paying penalty as punishment. On its implementation of making criminal punishment decision, public attorney could not make a maximum effort to make convicts obeying the punishment penalty. Public attorney only able to asking for charge, however if the convicts cannot pay the punishment money, they will get a declaration letter of incapable to pay and being imprisoned.

Tingkat Stress pada Remaja Di Lapas Anak Blitar

The purpose of this study was to determine the level of stress in adolescents who livein prisons Anak Blitar. The research subject is teenagers who are undergoing punishment inprisons Children Blitar number of 31 teens selected by random sampling. The data collectionstudy conducted by DSI Scale (Daily Stress Inventory) compiled by Brandey & Jones (1989),and self-report. The data were processed with descriptive analysis of the results show that 32,56% of adolescents in prisons Children experience stress levels are very high, 67.74% indicatesthat the category is quite high and there are no young people in prisons child who shows thelevel of stress in the normal category.Keywords : Stress, Adolescents, Prison of Child

Cinsel Saldırı Suçuna Sürüklenen Çocuğun Cinsel İstismarı Olgu Sunumu

Kimi zaman bir ceza yöntemi olarak kullanılan cinsel istismar yönünden cezaevleri özellikle çocuklar açısından yüksek riskli alanlardır. Bu makalede cinsel istismar suçunu işleyen ve bu suç nedeniyle cezaevindeyken cinsel istismara uğrayan bir olguyu sunarak çocuk haklarına dikkat çekmek istedik.İki kişi tarafından cinsel istismara uğradığı iddia edilen 10 yaşında erkek çocuğun muayenesinde; anüste enfekte alanla fibröz bantlar, anüse doğru uzanan ekimozun olduğu, anal pililerin simetrisinin bozulduğu, anal tonusun hafif azalmış olduğu ve anüsün ovalleşmiş görünümde olduğu saptandı.Cinsel istismar suçu işlediği iddia edilen 14 yaşında erkek tutuklandı. Tutuklandıktan 9 gün sonra kliniğimize başvurdu. Vücudunda ekimoz ve abrazyonlar saptandı. Aynı koğuştaki diğer çocuklar tarafından dövüldüğünü iddia etti. İki ay sonra aynı çocuk, tuvalette darp edildiği ve anüsten kalem sokulduğunu iddia ederek kliniğimizde muayene edildi. Muayenede darp ve fiili livata bulgularına rastlanmadı. Psikiyatrik değerlendirmesinde travma sonrası stres bozukluğu tanısı kondu.Birleşmiş Milletlerin Çocuk Hakları Sözleşmesi’ne göre devletin, çocuk haklarını koruması zorunludur. Cezaevlerinde de çocuk hakları korunmalıdır.Fail ve mağdur olan olgumuz, cezaevinin suçun önlenmesinde etkisiz kalması nedeniyle, cinsel istismar, suç ve cezaevi ortamından yeterli derecede korunamamıştır.Anahtar Kelimeler: Suç, çocuk hakları, cinsel istismar

Medico-demographic situation in prisons of Volga federal district in the period of the penal system reforming

Aim. To assess tendency in medico-demographic indicators of persons held in prisons of Volga Federal District in the period of the penal system modern reforming (2006-2014).Methods. Assessment of the studied contingent quantitative and qualitative medico-demographic indicators dynamics, the most relevant for the prisons for the 2006-2014. Forecasting of studied indicators for the period up to 2017 was conducted. Intensive and extensive indicators calculation and their dynamic comparison were performed.Results. Changes of demographic indicators for the 2006-2014 period involve the total number of prisoners reduction, the proportion of women increase and the proportion of teenagers decrease, reduction the punishment serving duration, migration processes intensification. The studied contingent, which was held in the prisons of the Volga Federal District, in the vast majority (91.0%) was presented by male persons. The mean age of convicted is 30.9 years. The mean term of punishment in prisons is 7.6 years. During the 2006-2014, the constant tendency of the studied contingent mortality increase due to the continuing increase in the number of patients with socially significant diseases amid decrease of the total number of persons held in prisons was registered. In 2014, the mortality rate was 7.1‰, which is 36.5% higher than in 2006 (5.2‰). The leading causes of death were infectious and parasitic diseases (37.1%). Studied medico-demographic indicators changes had significant regional features.Conclusion. Revealed significant changes in the medico-demographic indicators of studied contingent, definitely affecting the penalty system medical service activity, dictate the necessity of considering them when adopting the strategy of medical care organization in prisons.

The Rehabilitation Role of Punishment in Prisons in Italy. Theoretical Development and Sociological Considerations

This article deals with punishment and prisons, in particular, the rehabilitative role of punishment in Italian prisons. This role is herewith specified: On the one hand, by sociological considerations on punishment and prisons, based on the studies of Clemmer and Goffman; on the other hand, by international rules and the Italian legislation, dating back to the Reform of the Penitentiary Code 1975 and lastly, from a critical point of view. Generally speaking, the term rehabilitative model in this context means to restore solidarity with the socially recognized values, reconstructing the broken citizenship bond.

“So High You Can't Get Over it, So Low You Can't Get Under it”: Carceral Spatiality and Black Masculinities in the United States and South Africa

Carceral or prison space and the techniques that make prison punishment possible shape Black living and working space and in turn influence Black masculine performance. This essay uses the Robert Taylor Housing Projects—a notorious project on Chicago's South Side—and South Africa's mining compounds, as case studies. It exhumes the carceral logic that underwrote these spaces by highlighting how the project and the mine compound drew on containment, policing, surveillance, and restrictive architecture to fix Blacks spatially. It also explores how the prisonization of these quotidian spaces profoundly shaped Black male subjectivity, thus giving rise to a carcerally inflected Black masculinity, made visible through the performance of prison masculinities, embodiment of carceral aesthetics, and transference of sexual politics from prisons to other carceral sites.

Ekserdjian's Parmigianino

Ekserdjian's Parmigianino

A violência simbólica e a prisão contemporânea

This article deals with the different meanings for prison punishment. Such meanings had come from juridical and social scientist’ studies and from Porto Alegre Central Penitentiary (PCPA) as research’ main unit. These meanings and analysis have shown the changing moment of the prison system and contribute to hide the problems due to symbolic violence and cruelty of our contemporaneous society that have been expressed on prison. Key words: prison punishment; symbolic violence.

Prison Punishment Exacerbates Inmates' Psychiatric Illness

Prison Punishment Exacerbates Inmates' Psychiatric Illness

Winnicott and Imprisonment

1 I would there were no age between ten and three-and-twenty, or that youth would sleep out the rest; for there is nothing in the between but getting wenches with child, wronging the ancientry, stealing, fighting— —Shakespeare, The Winter's Tale At first glance, Winnicott appears to have very little to say on the topic of imprisonment. There are only a few references to prisons in his writing, and most of those are confined to one unpublished paper, "Comments on the Report of the Committee on Punishment in Prisons and Borstals," written in 1961 and not published until 1984. He has a great deal to say, however, about the ways in which individuals, mainly adolescent males, can end up within the confines of a prison cell if the antisocial behavior they exhibit isn't transformed into constructive or reparative activity by some form of therapeutic intervention.1 It is possible to hypothesize, therefore, what Winnicott might have written had he written more about imprisonment, especially in terms of some of the spatial metaphors that saturate his writing. The Antisocial Tendency Most of what Winnicott knew about the antisocial tendency that might lead someone to end up in a jail he learned from his work with children evacuated from the cities during World War II. In his capacity as Consultant Psychiatrist for the Government Evacuation Scheme in Oxfordshire, which he [End Page 269] held from 1939 to 1946, Winnicott had the responsibility for the mental health care of about 285 young children in five different hostels. He visited these hostels once a week for consultations. This allowed him and the teams he worked with to observe closely the behavior of children under the stress of separation from their homes as well as their often bizarre attempts to adapt to their new environment. Many of the children he worked with were ones whose home lives had been difficult to begin with and who only showed more signs of antisocial behavior after they arrived at the hostels to which they had been assigned. In Clare Winnicott's words, these children "were too disturbed to be placed in ordinary homes" (1983, 2), so they had to be placed in institutions that could offer them a holding environment for the duration of the war. The behavior they exhibited ran the gamut from such minor problems as "bed-wetting and fecal incontinence" to outright criminality, "stealing in gangs, burning of hay-ricks, train wrecking, truancy" (D. W. Winnicott 1947, 56). But some of the children, Winnicott observed, seemed to find it a relief to enter this new environment, an environment that was steady and secure enough for them to act out in various ways. After the war, Winnicott was also able to counsel parents about the behavior they could expect when their children returned home. Often the children found they could not (in one of Winnicott's more striking spatial images) "fit nicely into the holes they made [in the family] when they went away" (1945, 46). Returning home could be as traumatic as leaving it, "for the simple reason that the hole [had] disappeared," had been filled by someone else. This suggests, as will become clear, that the family itself had once been a kind of container, the kind you can make a "hole" in if you leave, but where you would find no place to fit when you came back, leaving you feeling somehow "empty" yourself. From a theoretical point of view, the most important fact about this period of Winnicott's career was his association with John Bowlby. In response to an enquiry about his wartime experience, Winnicott recalled in a 1969 letter to his friend Robert Tod, to whose book Disturbed Children (1968) he had contributed a preface: [End Page 270] I became involved in the failure of the evacuation scheme and could therefore no longer avoid the subject of the antisocial tendency. Eventually I became interested in...

The Making of the Law Prohibiting ‘Cruel and Unusual’ Punishment in Prisons: Using Autopoietic Theory to Reconstruct the Eighth Amendment

Autopoietic theory can be used to explain the federal judiciary’s making of the Eighth Amendment law prohibiting ‘cruel and unusual’ punishment in the nations prisons. This paper argues that the legal system operated autopoietically in the making of the Eighth Amendment prison law in that, beginning as a closed system, the legal system opened up to make the prison law, and returned to a closed system once the lawmaking process was completed. In the final analysis, the paper argues that by understanding how the federal courts have operated, it may give indications on its future behavior and how Eighth Amendment cases will ultimately be decided.

England and the Machinery of Reason 1780 to 1830

Recent historians, most notably Maxine Berg and Larry Stewart, have highlighted the importance but also ambiguity over the reception of the machine in late-eighteenth and early-nineteenth century England. This essay is concerned with a mode of reason developed in studies of machines and human power, and its application within specific spheres during this period. In particular, it focuses on certain sites of manufacture at the vanguard of industry, the machine's role in forging a distinctive view of intelligence, and, lastly, the impact of the machine upon developments within the state's system of prison punishment. For some commentators the machine was a symbol of progress and potential human emancipation, but for numerous others the mechanical heart that lay at the core of enlightenment libertarianism had degenerated into an enslaving project.