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Module 6 Prison Reform

Module 6 Prison Reform. Module aims and structure. Six key aims: Develop an understanding of the main purposes of criminal punishment and the aims of imprisonment. Demonstrate critical understanding of the history of prison reform

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Module 6 Prison Reform

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  1. Module 6 Prison Reform

  2. Module aims and structure Six key aims: • Develop an understanding of the main purposes of criminal punishment and the aims of imprisonment. • Demonstrate critical understanding of the history of prison reform • Critically assess key issues associated with rising prison populations • Demonstrate critical understanding of key international standards on the treatment of prisoners • Identify vulnerable groups who might benefit from alternative sanctions • Develop an informed opinion on the ways in which prisons can operate humanely • Assess the role of non-custodial measures as a key component of reducing the scope of imprisonment Three key parts: Part I: Introducing the aims of punishment, imprisonment and concept of prison reform Part II: Current trends, key challenges and human rights Part III: Towards humane prisons and alternative sanctions

  3. Part I:Introducing the aims of punishment, imprisonmentand the concept of prison reform

  4. Justifications of punishmentPunishment causes harm, not only to offenders but also to their family, friends and to communities. What justifies the infliction of punishment? What are the aims and objectives? Reparation Retribution Incapacitation Deterrence Rehabilitation • offender should repair the harm caused • restitution and compensation • restorative justice interventions between offender, victim and the community • ‘an eye for an eye’ • offender should be punished because they deserve it • punishment should fit the crime (proportional) • tariff setting • offender is (physically) prevented from reoffending by the punishment imposed • public protection • different approaches (from removing thieves’ hands to disqualification from driving) • crime is reduced due to fear of punishment (makes you think twice!) • individual deterrence: crime not repeated due to negative experience of punishment • general deterrence: offenders are punished to deter others • 1960s ‘medical’ or ‘treatment’ model • punishment as an opportunity to provide reform • improving offenders’ behaviour will reduce reoffending

  5. What justifies imprisonment?Prison supporters argue that the sanction of imprisonment achieves all the aims of punishment. But what weight should be given to the differing aims? Retribution Incapacitation Deterrence Rehabilitation Reparation “The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformationand social rehabilitation.”(International Covenant on Civil and Political Rights, Article 10.3) Imprisonment “The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are primarily to protect society against crime and to reduce redivism. Those purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon release so that they can lead a law-abiding and self-supporting life.” (Rule 4(1) of the Nelson Mandela Rules) Key question: To what extent has imprisonment been effective in achieving this overarching aim?

  6. A brief history of prison reform (for example…) 2000s 1700s 1800s 1900s John Howard (1777)Philadelphia Society for Alleviating the Miseries of Public Prisons (1787) Elisabeth Fry (1827) Dorothea Dix (1840) Charles Dickens (1842) Fyodor Dostoevsky (1861) Howard League for Penal Reform (1866) UN Standard Minimum Rules (1955) ACLU (1972) Amnesty International (1961) Penal Reform International (1989) ‘African Prisons Project’ (2004) ‘Call for Action’ in the Phillipines (2007) ‘Support to prison reform in the Kyrgyz Republic’ (2008) Key themes: Prisoners are human beings and should be treated at all times with “humanity and with respect for the inherent human dignity of the human person.”(International Covenant on Civil and Political Rights, Article 10.1) “I believe that very few men are capable of estimating the immense amount of torture and agony which this dreadful punishment, prolonged for years, inflicts upon the sufferers; and in guessing at it myself, and in reasoning from what I have seen written upon their faces, and what to my certain knowledge they feel within, I am only the more convinced that there is a depth of terrible endurance which none but the sufferers themselves can fathom, and which no man has a right to inflict upon his fellow creature.” (Dickens, 1842) Individuals are sent to prison as punishment, not for punishment (Alexander Paterson, 1922) But what are the challenges to prison reform?

  7. Part II:Current trends, key challenges and human rights

  8. Key challenge: Overcrowding in prisons Some key facts • More than 10.35 million held in penal institutions worldwide • World prison population has increased by 20% since 2000 • 22 national prison systems hold more than double their capacity worldwide • A further 28 countries operate at 150% and 200% capacity • Most prison systems do not have the minimum space recommended by international standards • Overcrowding can be so severe that prisoners sleep in shifts, on top of each other, share beds or tie themselves to window bars so that they can sleep standing (World Prison Brief, 2016; Penal Reform International, 2016) Why? • Overuse of pre-trial detention • Increased use of punitive criminal justice policies • Drug laws which centre on imprisonment • Lack of investment in rehabilitation and preventing reoffending • Use of imprisonment in response to minor offences, breach of conditions or people with mental health care needs or individuals (UNODC, 2013) Overcrowded prison in the Philippines

  9. Key challenge: Living in prison • Sociologists have identified the pains of imprisonment: • Loss of liberty • Deprivation of goods and services • Deprivation of relationships • Deprivation of autonomy • Deprivation of security (Sykes, 1957) • While the effects of imprisonment vary between individuals, prison can produce detrimental and long-lasting change. What is it like to live in prison? 3… every person in prison. Prisoners are sentto prison as punishment not for punishment 2. … every convicted offender 1.Basic rights forevery human being International human rights Prison systems have a duty tocounteract the pains of imprisonment • Universal Declaration of Human Rights • Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment • International Covenant on Civil and Political Rights • Standard Minimum Rules for the Treatment of Prisoners • Basic Principles for the Treatment of Prisoners • The Bangkok Rules • The Beijing Rules • The Nelson Mandela Rules

  10. Key challenge: Working in prison Control versus Care • “To treat prisoners in a manner which is decent, humane and just • To ensure that all prisoners are safe • To make sure that dangerous prisoners do not escape • To make sure that there is good order and control in prisons • To provide prisoners with the opportunity to use their time in prison positively so that they will be able to resettle into society when they are released.” (Coyle and Fair, 2018: 17) Dynamic security A dangerous, difficult workplace? “Prison staff need to understand that interacting with prisoners in a humane and equitable way enhances the security and good order of a prison. (…) Irrespective of staffing ratios, each contact between staff and prisoners reinforces the relationship between the two, which should be a positive one, based on dignity and mutual respect in how people treat each other, and in compliance with international human rights principles and due process.” (United Nations Prison Incident Management Handbook, 2013: 21-22) PTSD taking its toll on Canada’s prison guards! 24 July, 2014 Prison officer attacks rose 45% in two years! 16 April, 2014

  11. 1984 1988 Key challenge: Implementing human rights 1990 1955 The Nelson Mandela Rules 17 December 2015 Checklist for all prisons (UNODC, 2017) Standard Minimum Rules for theTreatment of Prisoners Principles of Medical Ethics relevant to the Role of Health Personnel Safeguards guaranteeing protection of the rights of those facing the death penalty Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment Basic Principles for the Treatment of Prisoners Rules for the Protection of Juveniles Deprived of their Liberty Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules) Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok Rules) 1982 • Rule 1: All prisoners shall be treated with respect due to their inherent dignity and value as human beings • Rule 3: …The prison system shall not… aggravate the suffering inherent in the loss of liberty. • Rule 13: All accommodation…shall meet requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. • Rule 35: Discipline and order shall be maintained with no more restriction than is necessary to ensure safe custody… • Rule 4: …purposes [of imprisonment] can be achieved only if prison of imprisonment is used to ensure… the reintegration of such persons into society on release. • Rule 24: Prisoners should enjoy the same standards of health care available in the community. • Rule 77: …All prison staff shall at all times so conduct themselves and perform their duties as to influence the prisoners for good by their example and to command respect. 2010 1985

  12. Part III:Towards humane prisons and alternatives sanctions

  13. Rehabilitation in prisons Rule 94 of the Nelson Mandela Rules states that: “As soon as possible after admission and after of the personality of each prisoner with a sentence of suitable length, a programme of treatment shall be prepared for him or her in the light of the knowledge obtained about his or her individual needs, capacities and dispositions.” The essential aim of the treatment of prisoners shall be their “reformation and rehabilitation” (Article 10.3, ICCPR) Sentenceplanning Rule 5(1) of the Nelson Mandela Rules states that: “The prison regime should seek to minimize any differences between prison life and life at liberty that tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.” Resocialisation and rehabilitation Release Normalisation Constructive activities Rule 4(2) of the Nelson Mandela Rules states that: “prison administrations and other competent authorities should offer education, vocational training and work, as well as other forms of assistance that are appropriate and available, including those of a remedial, moral, spiritual, social and health- and sports-based nature. All such programmes, activities and services should be delivered in line with the individual treatment needs of prisoners..”

  14. Alternatives to imprisonment While there is growing recognition of prisoners’ rights, and improving prison conditions around the world, international standards state that imprisonment should only be used as a last resort and that non-custodial measures should be used as much as possible. Decriminalisation Diversion Early release from prison Alternatives toimprisonment Alternatives to pre-trial detention Alternatives at sentencing Key question: To what extent can alternatives to imprisonment assist in the process of prison reform?

  15. More information @DohaDeclaration e4j@unodc.org unodc.org/dohadeclaration unodc.org/e4J

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