The Open Access Publisher and Free Library
13-punishment.jpg

PUNISHMENT

PUNISHMENT-PRISON-HISTORY-CORPORAL-PUNISHMENT-PAROLE-ALTERNATIVES. MORE in the Toch Library Collection

The Better Futures Project Briefing 2: Mental Health in Prison

By NACRO (UK)

This briefing examines: the level and range of mental health problems in prison and how people in prison who have mental health problems are identified; the impact that the prison environment can have on people’s mental health; the support currently available in prison and the impact all this can have on people’s ability to turn their lives around on release. We propose solutions which aim to ensure that everyone has access to the right support whilst they are in prison and on release. Improving the mental health of people in contact with the criminal justice system is an essential step to reducing reoffending and ensuring people can rebuild their lives in the community when they are released. In addition to providing the right treatment and support, we must ensure that prisons are not the cause of mental health problems, nor should they contribute to a deterioration in someone’s mental health, either because of a poor prison environment or a lack of treatment and support when it’s needed. The quotes used throughout this briefing come from people with lived experience of the justice system that have been supported by Nacro. Summary of our main recommendations We set out recommendations at the end of this report which we believe will help people in the justice system get the support they need for good mental health. These are grouped as follows: The beginning of the criminal justice journey: Our recommendations focus on keeping people out of prison where they would be better supported and rehabilitated in the community. During a prison sentence: These recommendations concentrate on improved screening and training to identify mental health needs; improved support provision and improved relationships with staff; improving the prison regime to ensure purposeful activity and time out of cell and improve safety; and embedding a more trauma-informed approach. Transfer and transition into the community: Here we focus on the need to improve timely transfers to secure mental health facilities, and embed and evaluate the RECONNECT care after custody service.

London: NACRO, 2024. 28p.

Degrees of difference: Do college credentials earned behind bars improve labor market outcomes?

By Abby Ballou

It is widely held that providing postsecondary education programs to incarcerated individuals will improve postrelease labor market outcomes. Little research evidence exists, however, to support this view. To test the effect of postsecondary carceral education credentials on employer perceptions of hireability, the current study uses a factorial design to survey a sample of employers nationwide (N = 2,538). Employers were presented with résumés of fictional applicants applying to a job as a customer service representative at a large call center. The résumés randomized education credentials earned while incarcerated. Results indicate that employers were significantly more willing to interview applicants with postsecondary education credentials relative to applicants with only a General Educational Development (GED) diploma. Although Black applicants who had earned a sub-baccalaureate certificate saw improvements in hireability relative to GED holders, Black applicants who had earned a bachelor's degree did not. In contrast, White applicants benefited both from sub-baccalaureate certificates and bachelor's degrees. Results from a mediation analysis suggest that these credentials signal important information to employers about applicant attributes and that improved perceptions of applicant ability and likelihood to reoffend drive the overall effect. Implications for future research and policy are explored.

First published: 04 March 2024 https://doi.org/10.1111/1745-9125.12364

Alternatives to detention: building a culture of cooperation Evaluation of two-year engagement-based alternative to immigration detention pilot projects in Bulgaria, Cyprus and Poland

By  Eiri Ohtani

The three alternative to detention (ATD) pilots provided case management to 126 individuals with irregular immigration status. 86% remained engaged, 12% disengaged or absconded and 2% were forcibly removed. 25% achieved case resolution, with a permanent or temporary migration outcome. ‣ Consistently across the two evaluations in 2018 and 2020, it has been shown that the case management has had a positive impact on individuals’ ability and capacity to work towards case resolution and can help them to stay engaged in migration processes. Case management had at least some impact, and in many areas a huge impact, on a wide range of areas of individual wellbeing and engagement. 99% of individuals had improved ability to participate in informed decision making and 96% had improved ability to engage with the immigration procedures over time. ‣ The positive impact of case management through the pilots can be more confidently asserted in this second evaluation due to the much larger size of the sampled data: client summary sheets of 99 out of 126 clients (79%) were examined in detail in 2020, as opposed to 31 out of 93 clients (33%) in 2018. ‣ A wider range of data examined for this evaluation, including 30 case studies and 12 client interviews (of which 7 were conducted by the evaluator), generally corroborate the data provided by the pilot implementors in the client summary sheets. ‣ Although the evaluation considered whether the cost-effectiveness of the three pilots can be established, limitations in the available data and other factors make it difficult to draw conclusions. Approximate average costs of case management per beneficiary per day for each of the pilots. ‣ Given the positive impact generated by the pilots, their approach and principles could beneficially be extended more broadly throughout the migration systems. The pilots also identified gaps and shortcomings in each country’s immigration system which are exposing individuals to unnecessary risk of detention and which, if addressed, can reduce the use of detention. A sustained and collaborative process of reform, based on the learning of the pilots and involving structured collaboration among governments, migrants, civil society and other actors, could deliver systemic improvements that would benefit all stakeholders.

Belgium, European Programme for Integration and Migration. 2020, 55pg

WORLD WIDE TORTURE

MAY CONTAIN MARKUP

ROBERT B. EDGERTON

World Wide Torture is a thought-provoking exploration of the dark and harrowing reality of torture practices across the globe. This groundbreaking documentary delves into the sinister depths of human cruelty, shedding light on the experiences of victims and the perpetrators behind these heinous acts. Through powerful storytelling and impactful visuals, World Wide Torture challenges viewers to confront the uncomfortable truths about torture and its widespread presence in today's world. This compelling film offers a sobering reminder of the urgent need to address this grave violation of human rights.

LEWISTON. EDWIN MELLEN PRESS. 2007. 125p.

TORTURE AND DIGNITY: An essay on moral injury

MAY CONTAIN MARKUP

J. M. Bernstein

In "TORTURE AND DIGNITY: An Essay on Moral Injury," the author delves into the complex and often harrowing intersection of torture and human dignity. Through a thought-provoking exploration, the essay navigates the profound effects of torture on individuals and societies, shedding light on the enduring moral injuries inflicted in the process. By examining the fundamental questions of ethics, humanity, and resilience in the face of extreme adversity, this essay offers a poignant reflection on the fragile yet resilient nature of human dignity in the most challenging of circumstances.

Chicago. University of Chicago Press. 2015. 382p.

Torture: When the unthinkable is morally permissible.

MAY CONTAIN MARKUP

Mirko Bagaric Julie Clarke

Torture: When the unthinkable is morally permissible delves into the complex and controversial topic of using torture as a means of extracting information or achieving certain objectives. This thought-provoking book challenges readers to confront ethical dilemmas and consider whether there are situations in which extreme measures can be justified. Through careful analysis and compelling case studies, the author navigates the murky waters of morality, legality, and the human psyche, shining a light on a subject that forces us to question our deepest convictions. Join the conversation on this contentious issue and explore the boundaries of ethical behavior in the pursuit of justice and security.

Albany. NY. SUNY Press. 2007. 122p.

THE PRISON: POLICY AND PRACTICE

MAY CONTAIN MARKUP

BY Gordon Hawkins

The Prison: Policy and Practice delves into the intricate world of correctional facilities, offering a comprehensive overview of the policies governing them and the practices implemented within their walls. This book provides readers with a deep exploration of the evolution of prison systems, the impact of various policies on inmates and staff, and the challenges faced by modern correctional institutions. By examining the intersection of policy and practice, this insightful work sheds light on the complexities of the prison environment and the ongoing debates surrounding criminal justice reform. An essential read for scholars, policymakers, and anyone interested in understanding the role of prisons in contemporary society.

Chicago. University of Chicago Press. 1976. 228p.

SENTENCING

MAY CONTAIN MARKUP

EDITED BY Hyman Gross and Andrew von Hirsch

Sentencing, edited by Hyman Gross and Andrew von Hirsch, is a comprehensive collection of essays exploring various aspects of sentencing practices. This edited volume delves into the complexities of sentencing theory, policy, and reform, offering diverse perspectives from leading experts in the field. Whether you are a legal scholar, practitioner, or student, this book provides valuable insights into the challenges and debates surrounding sentencing in modern criminal justice systems.

New York / Oxford OXFORD UNIVERSITY PRESS. 1981. 401p.

Punishment and Deterrence

MAY CONTAIN MARKUP

By Johannes Andenaes

Andenaes explores the intricate relationship between punishment and deterrence, shedding light on the complexities of these concepts within the realm of criminal justice. By delving into the various theories and practices surrounding punishment, Andenaes addresses how the fear of punishment can potentially deter individuals from engaging in criminal behavior. Through his analysis, Andenaes underscores the fine balance that must be struck between exacting punitive measures and fostering a deterrent effect to effectively combat crime in society. His work prompts readers to critically examine the role of punishment as a means of deterring future criminal acts, highlighting the nuances and challenges inherent in this multifaceted process.

University of Michigan Press, 1974, 189p

The Punishment of Crime in Colonial New York: The Dutch Experience in Albany During the Seventeenth Century

MAY CONTAIN MARKUP

By Dennis Sullivan

In "The Punishment of Crime in Colonial New York" by Dennis Sullivan, the author delves into the intricacies of the legal system during the colonial period in New York. Sullivan provides a detailed examination of the various forms of punishment meted out to criminals, shedding light on the harsh realities of justice in that era. Through meticulous research and analysis, Sullivan paints a vivid picture of the judicial processes and the societal attitudes towards crime and punishment. Readers are given a glimpse into a time where punishment was often swift and severe, reflecting the values and norms of colonial society. Sullivan's work offers valuable insights into the history of crime and punishment, making it a significant contribution to the study of early American legal systems.

PETER LANG. New York • Washington, D.C./Baltimore • Boston. 1997. 367p.

Punishing Criminals; Concerning an Old and Painful Question

MAY CONTAIN MARKUP

By Ernest van den Haag

In the realm of criminal justice, the age-old debate surrounding punishment and its justifications continues to spark intellectual discourse. Examining the perspective famously articulated by Ernest van den Haag brings to light the complexities inherent in the concept of punishing criminals. Van den Haag's stance, advocating for the retributive nature of punishment as a means to uphold societal values and deter wrongdoing, remains a thought-provoking cornerstone in the field.

Delving into the intricacies of this enduring question sheds light on the multifaceted considerations at play when contemplating the appropriate response to criminal acts. As society grapples with the delicate balance between justice, rehabilitation, and retribution, the legacy of van den Haag's insights serves as a poignant reminder of the moral and ethical dilemmas woven into the fabric of punitive measures.

In a landscape where the dynamics of crime and punishment evolve alongside societal norms and values, the exploration of van den Haag's perspective offers a compelling starting point for engaging with the profound complexities inherent in addressing criminal behavior. Ultimately, the discourse surrounding punishing criminals remains a poignant reflection of humanity's ongoing quest for a fair and just society.

NY. Basic Books. 1975. 293p.

PRISONS INSIDE OUT: Alternatives in Correctional Reform

MAY CONTAIN MARKUP

By Benedict S. Alper

"PRISONS INSIDE OUT: Alternatives in Correctional Reform" delves into innovative approaches to reforming the traditional prison system. From restorative justice practices to community-based rehabilitation programs, this book explores a range of alternative methods aimed at transforming the correctional system. By highlighting successful case studies and thought-provoking insights, this book challenges conventional norms and offers new perspectives on how we can redefine the purpose and effectiveness of prisons in modern society. Whether you are a policymaker, a criminal justice professional, or simply an interested individual, "PRISONS INSIDE OUT" is a must-read for those seeking a deeper understanding of the complexities of correctional reform.

Cambridge Mass. Ballinger Co. 1974.

PRISON NATION: THE WAREHOUSING OF AMERICA'S POOR

MAY CONTAIN MARKUP

EDITED BY TARA HERIVEL AND PAUL WRIGHT

"Prison Nation: The Warehousing of America's Poor" offers a compelling examination of the intersecting issues of poverty and incarceration in the United States. Through meticulous research and incisive analysis, this book sheds light on the troubling reality of how the most vulnerable members of society are disproportionately affected by the criminal justice system. Blending personal narratives with stark statistics, the author navigates the complex web of policies and practices that perpetuate a cycle of poverty and imprisonment. An urgent call to action, "Prison Nation" challenges readers to confront the deep-rooted inequalities that plague the American justice system and to advocate for meaningful change.

Routledge. NEW YORK AND LONDON. 2003. 333p.

Philosophical Perspectives on Punishment. Second Edition

MAY CONTAIN MARKUP

Edited by Gertrude Ezorsky

Delve into the intricate world of punishment through a philosophical lens with the updated second edition of "Philosophical Perspectives on Punishment." This thought-provoking book offers a comprehensive exploration of the moral, ethical, and societal implications of punishment, inviting readers to reflect on the complex nature of justice and retribution. From ancient philosophical theories to modern-day perspectives, this edition delves into the evolving discourse surrounding punishment in a changing world. Whether you are a scholar, student, or simply a curious mind, this book provides a nuanced understanding of punishment through the philosophical perspectives that shape our conceptions of right and wrong.

NY. SUNY Press. 2015. 446p.

JOURNEY FROM THE GALLOWS: Historical Evolution of the Penal Philosophies and Practices in the Nation's Capital Mary Hostetler Oake

MAY CONTAIN MARKUP

By Mary Hostetler Oakey. Edited by Belinda Swanson

In this insightful book, Mary Hostetler Oake delves into the historical evolution of penal philosophies and practices in the nation's capital. From the early days of the gallows to the modern approaches to criminal justice, Oake provides a comprehensive look at how attitudes towards punishment have changed over time. Drawing on meticulous research and engaging writing, JOURNEY FROM THE GALLOWS offers a thought-provoking exploration of a topic that continues to shape our society today.

University Press of America. ND. 387p.

In Prison

MAY CONTAIN MARKUP

By Debra Smith

"In Prison" by Debra Smith is a gripping novel that delves into the dark and often overlooked world of incarceration. Through vivid storytelling and compelling characters, Smith takes readers on a raw and emotional journey inside the walls of a prison. The novel sheds light on the complexities of human nature, the harsh realities of life behind bars, and the enduring power of hope and redemption. A thought-provoking and poignant read that will stay with you long after you turn the final page.

Adelaide. GINNINDERRA PRESS. 2008. . 131p.

IN THE BELLY OF THE BEAST LETTERS FROM PRISON

MAY CONTAIN MARKUP

By JACK HENRY ABBOTT

A visionary book in the repertoire of prison literature. When Normal Mailer was writing The Executioner's Song, he received a letter from Jack Henry Abbott, a convict, in which Abbott offered to educate him in the realities of life in a maximum security prison. This book organizes Abbott's by now classic letters to Mailer, which evoke his infernal vision of the prison nightmare.

NY. Vintage 1982. 221p.

Harm in American Penology Offenders, Victims and Their Communities

MAY CONTAIN MARKUP

By Todd R. Clear

This book analyzes the sources and results of the fourfold increase in the U.S. correctional population since 1970. It considers the following themes: the value of punitiveness, defined as penal harm; research on crime and criminals; concerns about victims of crime; and concerns about community safety. It also analyzes the relationship between social problems and penal harm, such as poverty and crime during the twenty-year period of correctional expansion.

The author argues that a careful review of proposals for expanded penal harm cannot be justified. The growth in corrections was not caused by crime nor has it reduced crime. Clear describes a new strategy for corrections based on his examination of the politics of social control and the growth in penal harm.

State University of New York Press, 1994 , 42 pages

THE GUILLOTINE AND THE TERROR:

MAY CONTAIN MARKUP

By Daniel Arasse, translated by Christopher Miller

"The Guillotine and the Terror" delves deep into the chilling history of the French Revolution, exploring the gruesome reign of terror that engulfed France. Unveiling the sinister purpose behind the invention of the guillotine, this book sheds light on the dark events that shaped a nation's destiny. From the blood-soaked streets of Paris to the political machinations of revolutionaries, this gripping narrative unveils the horror and brutality that defined an era. A must-read for history enthusiasts and those seeking to understand the complex interplay of power, fear, and revolution.

Penguin, 1991, 192 pages

Independent serious further offence review of Joshua Jacques

By HM Inspectorate of Probation (UK)

On 25 April 2022, police forced entry to a property in Bermondsey, London, where the bodies of Denton Burke (aged 68), Dolett Hill (aged 64), Tanysha (Raquel) Ofori-Akuffo (aged 45), and Samantha Drummonds (aged 27) were found. All four victims had suffered stab wounds and lacerations. Joshua Jacques was charged with these murders.

In June 2022, the Lord Chancellor and Secretary of State asked the Chief Inspector of Probation to undertake an independent review into how the Probation Service managed Joshua Jacques, as he was under probation supervision when he was arrested for these offenses. This review was completed in November 2022 and can now be published following the completion of criminal proceedings.

Key findings:

  • Despite concerns about repeated non-compliance with his licence conditions, enforcement practice was inconsistent and opportunities to recall Jacques to custody were missed.

  • Joshua Jacques was incorrectly allocated to a newly qualified probation officer who had only finished their training three months before being assigned the case.

  • Joshua Jacques was appropriately assessed as posing a high risk of serious harm to the public following his release from custody. However, his risk in other categories, including to staff or potential partners was underestimated. No risk assessment was completed for Jacques following his release which resulted in no risk management plan or sentence plan in the community being completed.

  • In February 2022, Jacques disclosed to probation court staff that he was experiencing a decline in his mental health; however, no action was taken.

  • Inspectors found during this review that probation staff felt ill-equipped to understand and respond to mental health concerns, with limited training and support being available to them.

  • The case records show that Jacques was routinely using cannabis whilst on probation, and his licence contained a condition to engage in a drug abuse intervention on release from prison. No such intervention was organised by the Probation Service and our inspection found no evidence of a referral to a drugs agency.

As a result of this review, eight recommendations were made to HMPPS.

Manchester, UK: HM Inspectorate of Probation, 2024. 38p.