外籍犯管理理论与实务

外籍犯管理理论与实务 （英文）

Unit 1 Introduction of Prison Pre-reading questions • What other things does a prison do except for executing punishments? • What does a prison classify criminals accordingly? • What are prisoners entitled?

Part 1 a brief introduction of prison A prison is an organ of the state for excuting criminal punishment. It exercises, supercises and controls prisoners. Prisoners, based on the nature of their crime, type of penalty, length of sentence, performance, age, gender and other characteristics, are classified into different groups and are incarcerated, managed and educated accordingly. There are two type of prisons. One is for adults and the other is for juvenile delinquents. Adult prisons are for incarcerating criminals who have been sentenced to a fixed-term imprisonment, lift inprison-

ment, death penalty with a two-year suspension of exec- ution. If these criminals are below 18, they serve their sentence in prison called reformatories for juvrnile delinquent. Once they reach the age of 18 but the remaining term does not exceed two years, they may still stay in these reformatories. Prison shall follow the principle of combining punnishment with reform and combining education with labor, in a bid to reform prisoners into law-abiding citizens. In acc- ordance with the needs of reforming prisoners, prison shall organize prisoners to engage in productive labor and

conduct ideological, cultural and technical education, among prisoners. Prisoners must accept education and take part in labor. Prisons punish criminals because,whithout punishment, It is difficult for criminals to come to grips with their crimes and begin their life anew. While punishement focuses on enforcement, reform focuses on transformation. Punishm- ent is the means, while transformation is the end. The purpose of punishment is to transform criminals into law-abid- Ing citizens. This is precisely what criminal penalties are for. Prisons do not punish criminals for punnishment’s sake. To effectively reform prisoners, it is also necessary to

combine education with labor. Education can be multiface- ted: ideological, cultural, vocational and technical. In addition to basic, secondary and upper secondary education new possibilities have been created especially for vocational training, which is today arranged in almost every prisoner. There is also a wide range of various study branche available in prisons today. The working activities vary from pirson. The aim is to keep up the working skill during the sentence. The work in the institutions varies from traditional carpentry and/or diffenent metallic braches or building activities towards constructing and renovation plus lots of other activities. The consititution

guarantees everybody, also prisoners,basic rights. There basic rights include, for instance, equality, right to physical and intellectual immunity and safety, right to privacy, secr- ecy of a confidential message and right to basic social and health services. The immates are entitled to receive guest during visiting hours during the weekend and on special grounds as well during the week. The visits are, when needed, supervised expect of visits by the family’s members in premises suitab- le for this purpose. Owing to the length of the sentence an inmate can app- ly for leave when half of the term has been served. Leave

may also on important grounds be granted even earlier. leave may be granted for a maximum of six days during a period of four months, in praxis a couple of days now and then plus the travlling time. The leaves are granted only in case the prisoner in question is likely to observe the rules of the permission. If not, the permissing can be granted leave under escort. The prison law provides that the state council judicial administration approves the establishment, elimination and relocation of prisons in line with historical, economic and natural factors. This provision is designed to optimize the distribution of prisons and ensure the unified, effective

And accurate execution of penalties. The Prison Law also provides that the State Council judi cial administration(Ministry of Justice which has a Bureau of prison Adminiatration that supervises all prisons in the cou ntry.) supervises all prisons across the country. In the provi- nces (municipalities directly under the central government and autonomous regions), offices of justice are responsible for managing prisons in their own jurusdiction through their prison adminisration arms.

New words • execute vt.执行；将（某人）依法处死 • supervise vt.监督，管理，指导 • penalty n.（因违反法律而受到）惩罚 • juvenile n.少年 • delinquent n.&adj.犯过的（人）；违法 • imprisonmengt n.监禁；关押；禁锢 • suspension n. 延缓，停职 • ideological adj.理想的 • provide vt.规定 • multifaceted adj.多方面的 • vocational adj.职业的

Exercises 1. What kind of prison should those criminals under 18 be put in? 2. What are the principles of our prison? 3. Is punishment the only purpose of a peison？Why? 4. The constitution gurantee inmates’righr. Would you give example of those rights? 5. Can any prisoner ask for leave at any time?why? 6.Should all the criminals be imprisoned togethe? 7.Which institution supervise all prison all over the country?

Unit 2 Staff of Prison Reality check math or reality? Police work primarily involves crime fingting. Myth: Crime fighting makes up only a small fraction of what police work usually entails. Most police work entails relatively mundane tasks. Television programs and movies almost aompletely ignore this side of police work. Instead, they foces on the crime-fighting role. What are the comsequ- ences of this?

The Police Role In countless books, movies, and tv shows,the public has Been presented. With a view of policing that romanticizes police officer as fearless crime fighters who think little of their own sat- ety as they engage in daily high-speed chases and sh ootouts. How close is this portrayal of a crime fighter to real life? Not very close, according to most research. A police officer’s crime-fighting efforts are only a small part of his or her overall activities.

More than half of the contacts are for traffic-related m- atters, and about 30 percent are to report problems or ask for assistance—for example, responding to a neihbor’s complaint about music being too loud during a party, or warning kids not to shoot fireworks. These figures should be interpreted with caution beac- use not all police officers are engaged in activities that allow them to make arrests, such as patrol ro detective. the evidence, then, shows that unlike their tv and film counrerparts, the police engage in many activities that are not related to crime. Police officers funcition in a vari- ety of roles ranging from dispensers of emergency medic-

al care to keepers of the peace on shool grounds. Althoug- h officers in large urban departments may be called on to handle more felony cases than those in small towns, they too will probably find that most of their daily activities are not crime related. What are some of the most important functions of police?

Unit 3 Prison Administration Pre-reading questions • What do you know about the life in prison? • Why do all chinese prisons institutions arrange evalutions of criminals? • Can a prisoner have his/her sentence reduced for good behavior or be released on parole according to law?

Prison Administration The main task of prison administration is to enforce unconditional prison sentense, remand imprisonment a- nd imprisonment and imprisonment for non-payment of fines and to carry out other assignments of enforcement. The goals of prison administration is to contribute to security by maintaining a lawful and safe system of enforcement of sanctions and to assist in reducing recidivism and terminating the development of social maladjustment reproducing crime. 1.Classification Prisoners, based on the nature of their crime, type of

penalty, length of sentence, performance, age, gender a- nd other characteristics, are classified into different group and are incarcerated, managed and educated accordingly. 2. Use of Warning, Precentive Devices and Weapons Warning, including armed warning, is resorted to by prison police to maintain normal order and security at peis- ons. Prison authorities may also decide to take security precautions such as guarding and control behind the cordon line. In additon, the prison authorities should also mobilize militias, security-maintenance organizations and the general public surrounding the prison to maintain order

and security in the surrounding areas. Once inmates atte- mpt to escape, riot, revolt, or outsides attempt to break into a jail ot stage a riot, prison police can jion hands with external forces to put down the unrest. Preventive devices are used for inmates inclined to commit dangerous acts. They are not to be used for inmates under normal circumstances. Except for rare circumstances, they are not to be used on female inmates. Inm- ates who wear these preventive devices should not participate in labor activities organized by prison authorities. Use of preventive devices on inmates much be app- roved by prison authotities. If a contingency warrants it,

these devices can be put on inmates before approval is secured, but approval formalities must be secured imme- diately afterwards. Inmates should not wear handcuffs or shackle longer than sever days normally and not longer than 15 days maximum, expect for prisoners awaiting execution. Armed police and prison police may use weapons in emergency situations in compliance with legal procedure. 3. Commnications and Meetings While serving their sentence, prisoners may communi- cate with others, but their correspondence must be screened by relvant authorities. However, their letters to superior

prison and judicial authorities should not be screened. While serving their sentence, prisoners may also meet with visiting relatives or custodians. In principle, they should not meet people outside their kinship, unless otherwise ap- proved. In practice, aside from normal visiting times, prison authorities also allow prisoners to visit their family or handle a family emergency fpr a period of three to five days, but not to exceed seven days in special circumstances.

New words • unconditonal adj.无条件的，绝对的 • remand vt. 遣回，召回 • non-payment n.未付款 • fine n.罚金，罚款 • sanctions n.约束力，影响力 • recidivism n.累犯 • terminate vt.使终止 • maladjustment n. 失调，不适应 • percaution n. 预防措施 • cordon n. 警戒线

Exercises • What is the main idea of the passage? • The definition of prison administration. • The contents of prison administration. • The classification of prison administration. • The effect of prison administration. • How many parts does prison administration has? • Four b) Six c)Five d) Seven • For whom are preventive devices used? • Inmates inclined to commit dangerous acts. • Sick inmates

c) Handicapped inmates d) Minor inmates under normal circumastance. 4. What is the longest time that inmates wear handcuffs Or shackles normally? • Fifteen days b) Sixteen days c) Seventeen days d) Eighteen days 5. In principle, prisoners should not meet .? • mothes or friends b) sons or daughter c) custodians d) friends

Unit 4 Education in Prison Legal, Moral,Cultural and Technical Education of Criminals Chinese law stipulates that the reform of criminals through labor should be combined with legal, m- oral, cultural, and technical education. Since most criminals are young, without much education and legally ignorant, an important part of the work of reform-through-labor is helping the prisoners b- ecome better educated and acquire more legal, moral and cultural awareness and working skills. To

meet these objectives chinese prisons institutions now run special schools, creating a criminal reforms system with Chilese characteristics. Since 1981 the chinese government has included education of criminals in its national educational program. Where condition permit, prisons are required to set up special educational insititutions to form a complete educational system for formal and institutionalized legal, moral, cultural, and technical education of prisoners. Legal education for prisoners mainly consists of studyi- ng the Constitution of the People’s Republic of China, Cri- minal Law, Law of Criminal Procedure, General Provisions

of the civil law, etc. this enables them to learn the basic rights and abligations of a citizen, the legal consequences for committing a crime and the basic contents of the criminal law, the criminal justice system and the basic civil law relating to marriage, family, rights of persons and property rights. On the basis, they should be able to draw a clear distinction between legal and illegal actions or criminal or criminal and non-criminal acts and become fully aware of the danger and legal consequences of criminal actions, so that they may admint their guilt, obey the laws and voluntarily accept reform. Education in morality and ourlook on life focuses on issues

which are closely related to a prisoner’s immediate inter- ests, such as his or her ideals, happiness, conscience, pl- easure or sadness, honor or humiliation, future, marriage, family, etc., making them understand proper social morality and sence of value. At the same time, individual and specific education is provided to suit individual cases and coodinate with the lessons learned from their criminal activities. This has proven effective in reforming the minds of criminals. Elimination of illiteracy and attainment of unniversal juni- or secondary educational are the main objectives of cultural education in prisons, but criminals with a higher educ-

ation level are encouraged to attend correspondence colleges, part-time colleges or tv colleges offered by society. The overall director of a prison serves as the princi- pal of the institution’s special school. The school also has a dean and teachers’ offered plus a teaching program and curriculum prepared each school term and years. P- risoners study about two hours a day or 12 hours a week. Teaching staff are especially selected for the school and some are chosen from among prisoners with a higher e- ducational level. Prisoners who have attended classes and passed the tests given by the local educational de- partment will be given educational certificates equivalent

to those issued by educational insitiutions in the society at large.

New words 1. ignorant adj.无学识的；愚昧的 2. distinction n.区别，明显差别 3. awareness n.知道，晓得 4. obligation n.义务，职责，责任 5. consequence n.后果，结果 6. guilt n.罪，罪行 7. voluntarily adv.自动的，自发的 8. conscience n.良心 9. humiliation n. 羞辱，耻辱 10. iIlliteracy n.文盲

Exercises:traslation • The legal and moral education of criminal in prisons emphasizes the need to please guilty, abide by the law, improve moral values and better one’s outlook on life. • According to statistics, 99% of all prisoners took part in legal and moral education. • Since completing his sentence he has been well-behaved and law-abiding. • Our prison regularly test the educational level of prisoners and prison students are divided into different grades.

Unit 5 Labor Work in Prison Pre-reading questions • What do you think is the most important to the criminals in the reform through labor? • What’s the meaning of reform of criminals through labor? • Can the criminals who have returned to society after serving their sentence become key production personnel, engineers, factory directors and managers?

Reform of Criminals Through Labor Using forced labor as a means to reform criminal is a common practice in many countries of the world. explicit conditions have been stipulated in rhe laws of many countries and in un documnents concerning f- ocing criminals to engage in labor. Chinese law stipulates that all criminals who are able to work must participate in work activities. Those who are found to be unable to work by a doctor’s examination or those who are old, infirm, disable or otherwise unfit for work do not participate.

It is especially important for criminals to engage in productive and socially beneficial labor. Firstly, productive l- abor helps criminals realize that social wealth does nor d- oes not come easily, fosters a love for work and helps them become accustomed to it, instills the idea of “no work no food ” in their minds, and helps them overcome bad habits such as sloth, aversion to work and hedonism. At the same time, working gives them a sense of social res- ponsibility and lawabiding spirit in addition to improving self-discipline. Secondly, having prisoners engage in an appropriate form of labor enable them to stay physically fit, which helps to warp off depression, listlessness,demo-

ralization and even thoughts of escape, suicide or further criminal activity, ideas which spring from the monotony of prison life over many years. Thirdly, productive labor enables prisoners to acquire productive skills and knowl- edge which make it possible for them to earn a living when they have served their sentence. Education is used to gradually change the prisoners’att- tudes to the work activity from foeced labor ro conscienti- ous work. When they first arrive, some criminals are nor in the habit of working , or look down on work, so at first they must be more or less forced to engage in productive labor. China insisrs that criminals be allowed to study and imp-

rove their production skills to make the prisoner look at the world in a new light and enable rhe reformed criminal to contribute to the modernization program. One major way of judging a prison is how successful it is in helping criminals learn and improve their production skills. This has played an important role in enabling reformed criminals to quickly become employed, keep their minds on their work and avoid going bavk. Chinese prisons institutions encourage criminals who have special skill to contribute to society. In our countey, there have been a considerable number of criminals who became skilled worked or even key personnel in produc-

tion through the assistance of adminstrative departments. Some have even become inventors and artists. Over the past forty years, china has gained a great d- eal of valuable experience in reforming criminals through labor. Many prisoners have rid themselves of their bad habits through reform through labor, formulated a better outlook on life and learned to respect other people and society, and now maintain self-discipline and abide by the law. Many have had their sentence reduced or been released on parole for ourstanding behavior during the refoem-through-labor process.

New words • explicit adj.明白的；毫不含糊的 • participate vi.参加，参与 • infirm adj.体弱的，虚弱的 • instill vr.逐步培养 • sloth n.懒散，懒惰 • aversion n.反感，讨厌 • hedonism n.享乐主义，快乐论 • self-discipline n.自我约束 • appropriate adj.恰当的，合适的 • depression n.忧伤，消沉

Exercises • Which means does chinese prison use to reform criminals? • Must every criminal participate in work activities according ro chinese law? • Is it important for criminals to engage in productive and socially beneifcial labor? Why ? • What is one major way of judging a prison? • What is the use of chinese prison institutions? • What do prisoners get through refrom throug labor? • What is the use of having the prisoners engage in labor in a situation and format similar to those of normal society?

Unit 6 Psychological Corrention to The Inmates Pre- reading questions • What is phschotherapy? • What is the present state of correntionerapy in china’s prison?

Psychotherapy in China’s Prinson Psychotherapy refers to a set of procedures or techni- ques used to help individuals or groups alter their malad- ptive behavior, or both. The behavior must be considered maladaptive by the individual, however. In other words, the person must want to change. Some researchers think that psychotherapy can be divided into six very broad and overloapping ares: psychoanalytic, behavioral, hu- manistic-existential, interpersonal, group and cognitive therapy. Each approach is designed to change a person’ s way of thinking about the world to some extent. Most

approach try to change cognitive constructs about others, both, or ourselves. Each variant of the psychotherapies h- as been tried to some extent within the correctional syste- m under wide variations in method and purpose and different degreed of commitment. Overall, they have been marginally successful or unsuccessful in reducing criminal behavior, depending on one’s point of view. Until recently, the typical attitude of most psychologists toward correctional psychology was negative because the population was considered unsavory and the work c- onditions unpleasant. However, many countries are making their efforts. The field of corrections the frequently

overlooked goal of rehabilitation. Since most incarcerated individuals return to the community, it makes sense to pre- pare them as much as possible to face the challenges of life after imprisonment. Coccectional psychologist are key players in the rehabilitation of offenders. Mental illness is far more prevalent in prison than in the general population. Many prisoners suffer from psychological problems prior to their incarceration, while others dev- elop psychological disorders during Incarceration in respo- nse to the stress of the prison environment. In recent years, the chinese prison authorities have been attaching importance to the exploration of new correction

methods and means, and the principle of indvidualization of the penalty enforcement has been better implemented. In China, criminals are sent to an orientation program w- hen they first arrive at the prison to learn in detail their legal status, rights and obligations as well as to become familiar with the prison environment. The Chinese prisons stick to a policy of giving a way out, and adopt means such as penalty reduction and parola to mobilize the initiatives and consciousness of the prisoners to reform. Starting in 1989, chinese prisons officially began practin- g psychology in educating prisoners, and nearly 700 psyc-

hological consultation rooms have been openced for pris- oners over the past decade. Now ,about 60 percent of the prisons across the country offer psychological consultations. The Ministry of Justice has adopted psychological rectifica- tion as a criterion when evaluating the perfoemances of prison administrations since 1995.

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外籍犯管理理论与实务

外籍犯管理理论与实务

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