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Being watched: The aftermath of covert policing 被监视:秘密警务的后果
Q2 Social Sciences Pub Date : 2024-08-09 DOI: 10.1111/hojo.12569
Bethan Loftus, Martina Feilzer, Benjamin Goold

The ongoing Undercover Policing Inquiry (UCPI) is largely a response to a stream of national media scandals that exposed the illegal and unethical behaviour of undercover police officers in two secretive units. The testimony of those who were the targets of undercover operations has further exposed the human costs stemming from the personalised and highly invasive surveillance undertaken by anonymous state agents. In this article, we reflect upon the existing research on covert policing and identify new areas for conceptual and methodological engagement, with a view to better understanding the harms that these secretive operations can generate. Attending to the inherent and inescapable intimacy of covert policing offers a much-needed opportunity to explore the effects of a unique state practice that can radically alter the lives of individual surveillance subjects, and which tests our conventional understandings of the legitimacy and limits of force, coercion and police power.

目前正在进行的 "便衣警察调查"(UCPI)在很大程度上是对全国性媒体丑闻的回应,这些丑闻揭露了两个秘密部门的便衣警察的非法和不道德行为。作为卧底行动目标的那些人的证词进一步揭露了匿名国家工作人员所实施的个人化和高度侵入性监视所造成的人员损失。在本文中,我们对现有的秘密警务研究进行了反思,并确定了概念和方法上的新领域,以期更好地理解这些秘密行动可能产生的危害。关注秘密警务固有的、不可避免的亲密性为我们提供了一个亟需的机会,以探讨一种独特的国家实践的影响,这种实践可以从根本上改变单个监控对象的生活,并检验我们对武力、胁迫和警察权力的合法性和限制的传统理解。
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引用次数: 0
Observing justice: Digital transparency, openness and accountability in criminal courts By J. Townend, L. Welsh, Bristol: Bristol University Press. 2023. pp. 176. £45.00 (hbk). ISBN: 9781529228670 观察司法:J. Townend、L. Welsh 著,布里斯托尔:布里斯托尔大学出版社。 2023. pp.£45.00 (hbk).ISBN: 9781529228670
Q2 Social Sciences Pub Date : 2024-08-07 DOI: 10.1111/hojo.12570
C. Walker

I am a criminology lecturer, and I have a particular interest in the criminal courts. It is, therefore, no surprise that I found Townend and Welsh's book an important and fascinating read. As set out in the opening chapter, the book is ‘about the principle and practice of open justice in criminal courts in what is often characterised as the “digital age”’ (p.1). Attention is on how court hearings and information are made publicly accessible in the 21st century. The authors specifically focus on the magistrates’ courts due to these courts being ‘under interrogated as a part of open justice’ (p.4). This is of importance given that research tends to focus on the Crown Court, despite the majority of cases being heard in the summary courts.

Throughout the book, when discussing matters relating to open justice and the magistrates’ courts, the authors draw upon their own empirical data – specifically courtroom observational data – and, also, secondary data. This includes studies done by academics, third sector organisations, and government bodies. The methodology is discussed in Chapter 1, but the methods section is short and not particularly detailed. This is, however, acknowledged and a reason for this is given – due to there being insufficent space. Furthermore, the reader is informed that they can get in touch with the authors to request more information if they wish. The structure of the book is also set out in the introductory chapter, and an overview of the remaining chapters is provided, which will now be discussed.

Chapter 2 explores the history of open justice and accountability in the criminal courts in England and Wales. A discussion about these principles is of value given that these terms are often referred to within criminal justice literature, but their history, how they are defined and why they are of importance are not always focused upon. The main theoretical rationales for the contemporary approach to open justice are considered, including the shaming and deterrence value of it, and critiques of these rationales are provided. In response, the main argument of the book is put forward: the authors suggest ‘a shift in emphasis, moving away from an account of publicity in criminal proceedings as important for shaming and/or deterrence purposes, to one that considers the broader importance of making the justice system scrutable and of its educational value in the widest sense’ (p.20).

The authors in Chapter 3 then go on to talk about the developments that have occurred in relation to the criminal courts, and the consequences of these changes on accountability and open justice. Developments discussed include the increased use of virtual courts, and the introduction of the Single Justice Procedure for minor offences and the automatic online conviction process. It is recognised that although there are benefits associated with the reforms that have occurred, there are also negatives which undermine fairness, participation

其依据包括犯罪的严重程度、案件的复杂程度和/或是否涉及知名人士。由于这些因素,司法公开采取了一种狭隘的方式,即某些案件得到报道,而另一些案件则没有。因此,这种方法 "并不适合揭露系统性问题或不公正现象"(第 124 页)。因此,作者主张采用一种广泛的方法来实现司法公开,即在新闻媒体之外寻求信息透明度。为了教育公众,更好地追究刑事司法系统的责任,应在更大程度上方便和鼓励公众参与法庭程序。这就是所谓的 "参与式问责"(第 124 页)。对于研究法律、刑事司法和犯罪学的各级人员,以及从业人员和政策制定者而言,本书都是该领域的重要著作。本书通俗易懂,文字简洁明了。此外,作者还提出了具有说服力的论点,说明我们为什么应该关注司法公开及其遭到破坏的问题,以及为什么应该优先考虑公共法律教育和司法系统问责制的司法公开框架。
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引用次数: 0
Children in conflict with the law: Rights, research and progressive youth justice By U. Kilkelly, L. Forde, S. Lambert, K. Swirak, London: Palgrave Macmillan. 2023. pp. 185. £34.99 (hbk). ISBN: 9783031366512; £27.99 (ebk). ISBN: 9783031366529 触犯法律的儿童:权利、研究与进步的青年司法》,U.Kilkelly、L.Forde、S.Lambert、K.Swirak 著,伦敦:pp.185. £34.99 (hbk).ISBN: 9783031366512; £27.99 (ebk).ISBN: 9783031366529
Q2 Social Sciences Pub Date : 2024-07-27 DOI: 10.1111/hojo.12571
Anne-Marie Day

The book sets out its overall aim in the acknowledgements section, namely that the authors hope that it advances knowledge that ‘rights and research are key to advancing the progressive reform of youth justice internationally’ (p.vi). The authors are established experts in the field of international children's rights and set about to consider a range of progressive youth justice international research through the lens of the United Nations Convention on the Rights of the Child (UNCRC), and its associated reports, comments and related treaties. The authors acknowledge that the international standards offer a wealth of detail to ‘respect, protect and fulfil the rights of children in conflict with the law’ (p.1), while at the same time a wealth of knowledge has been developed from research about this group of children, and their pathways into, through, and out of, justice systems. However, an important gap is identified which is the study of how these two bodies of knowledge overlap and relate to one another. This book seeks to begin to plug this gap by ‘bring[ing] together the best research on children in conflict with the law, mapping it against international children's rights standards’ (p.1).

I found the book to be extremely helpful in, first, highlighting how research advances the case for youth justice systems and reform to be firmly rooted in the international rights frameworks. However, I found that the book also sought to make the case that youth justice researchers should be seeking to ground and position their own research within the children's rights framework much more widely than is currently the case. I found, as a youth justice researcher, the argument to be incredibly persuasive and will use the book as a reference tool when both designing future research and also teaching my students.

Once the context and aims of the book are established, Chapter 2 then very helpfully and succinctly summarises the numerous standards and instruments related to children in the justice system, and outlines key features of a rights-based framework. I found this chapter to be extremely useful as the rights-based literature and landscape can often be complex and difficult to navigate. It first runs through some of the key principles of the UNCRC and then considers how they can be applied to children in trouble with the law. The chapter concludes by introducing the remaining structure of the book – namely, how a rights-based framework can be implemented at different stages of the justice system: prevention (Chapter 3); diversion and justice (Chapter 4); and reintegration (Chapter 5).

Chapter 3 considers child development and their experiences prior to entering criminal justice systems. An exploration of the universal rights that all children should enjoy in early childhood sets the scene for considering how some children are denied these rights, and this sets them on a pathway into criminalisation. The authors specifically focus on ov

本书在致谢部分阐述了本书的总体目标,即作者希望本书能增进人们对 "权利和研究是推动国际青少年司法渐进改革的关键"(第 vi 页)的认识。作者都是国际儿童权利领域的知名专家,他们着手从《联合国儿童权利公约》 (UNCRC)及其相关报告、评论和相关条约的角度,对一系列渐进式青少年司法国际研 究进行思考。作者承认,国际标准为 "尊重、保护和实现触犯法律的儿童的权利"(第 1 页)提供了丰富的细节,与此同时,对这一儿童群体及其进入、通过和离开司法系统的途径的研究也积累了丰富的知识。然而,本书发现了一个重要的空白,即研究这两方面的知识如何相互重叠和关联。本书试图通过 "汇集有关触犯法律儿童的最佳研究成果,并将其与国际儿童权利标准相对照"(第 1 页)来填补这一空白。我发现本书在以下方面非常有帮助:首先,强调了研究如何推动青少年司法系统和改革牢牢扎根于国际权利框架。然而,我发现该书还试图说明,青少年司法研究人员应该在儿童权利框架内为自己的研究寻找更广泛的基础和定位,而不是像现在这样。作为一名青少年司法研究人员,我认为这一论点极具说服力,在设计未来的研究和教授我的学生时,我都会把这本书作为参考工具。在确定了本书的背景和目标之后,第二章简明扼要地总结了与司法系统中的儿童相关的众多标准和文书,并概述了基于权利的框架的主要特征,非常有帮助。我认为这一章非常有用,因为以权利为基础的文献和环境往往很复杂,难以驾驭。本章首先介绍了《联合国儿童权利公约》的一些主要原则,然后探讨了如何将这些原则应用于触犯法律的儿童。本章最后介绍了本书的其余结构,即如何在司法系统的不同阶段实施基于权利的框架:预防(第3章);转送和司法(第4章);以及重返社会(第5章)。对所有儿童在童年早期应享有的普遍权利的探讨,为思考一些儿童如何被剥夺这些权利,并由此走上犯罪道路奠定了基础。作者特别关注比例过高的群体,包括男孩、少数民族儿童、有照料经历的儿童和残疾儿童,以证明司法系统与《联合国儿童权利公约》中关于不受歧视地防止儿童接触司法系统的一般原则相悖。每个阶段都被分解成有用且易于管理的小块,并始终将青少年司法研究纳入国际儿童权利的框架内。例如,在讨论儿童有效参与法庭程序的权利时,有研究表明儿童并不享有这一权利,而且在法庭环境中会遭遇程序不公正,这两者形成了鲜明的对比。最后的结论章节简明扼要地总结了前几章的研究成果,即探讨儿童权利标准与青少年司法研究之间的关系。这本书无疑说明,触犯法律的儿童与《联合国儿童权利公约》及相关国际标准所规定的一系列保护措施之间存在着非常密切的联系。我感谢作者全面而简洁地为进一步探索青少年司法研究与儿童权利之间的协同作用提供了有力的论据。我推荐将本书作为这一重要但往往被忽视的文献领域的入门读物,并期待后续作品能进一步详细解读许多重点讨论领域。
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引用次数: 0
Trans and gender diverse offenders’ experiences of custody: A systematic review of empirical evidence 跨性别和不同性别罪犯的羁押经历:对经验证据的系统性审查
Q2 Social Sciences Pub Date : 2024-06-18 DOI: 10.1111/hojo.12567
Sally M. Evans, Bethany A. Jones, Daragh T. McDermott

Literature regarding trans and gender diverse (TGD) prisoners’ experiences of prison custody is limited. Reviewing international literature enables a better understanding of these experiences and how effectively TGD policies are implemented. This systematic review employed PRISMA and ENTREQ guidelines to enhance transparency in reporting the synthesis of qualitative and mixed-methods research. Seventeen papers were included and through meta-ethnographic synthesis three overarching themes emerged: structural, interpersonal and intrapersonal. Recommendations include reducing reliance on survival strategies by TGD prisoners through implementation of policies which meet TGD prisoners’ needs and to enabling better informed decision making regarding housing. Further research into lived experiences would allow for a better understanding of what currently works, how services could be improved, and identify potential training needs.

有关变性和性别多元化(TGD)囚犯在监狱中的经历的文献十分有限。回顾国际文献可以更好地了解这些经历,以及变性和性别多元化政策是如何有效实施的。本系统性综述采用了 PRISMA 和 ENTREQ 指南,以提高定性和混合方法研究综述报告的透明度。共收录了 17 篇论文,通过荟萃-人种学综述得出了三大主题:结构、人际和人内。提出的建议包括:通过实施符合 TGD 囚犯需求的政策,减少 TGD 囚犯对生存策略的依赖,并在住房方面做出更明智的决策。对生活经历的进一步研究将有助于更好地了解目前的工作方式、如何改进服务以及确定潜在的培训需求。
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引用次数: 0
Sentencing individuals on cusp-cases: The use of offenders’ backgrounds by Scottish Sheriffs 对处于风口浪尖的个人进行判决:苏格兰治安官对罪犯背景的利用
Q2 Social Sciences Pub Date : 2024-06-17 DOI: 10.1111/hojo.12568
Javier Velásquez-Valenzuela

To what extent are accused's backgrounds within the criminal justice system considered during the sentencing process, and if they are, how do judges make sense of them? To better understand this aspect of the sentencing process, this article examines data from interviews with, and observations of, 16 Sheriffs in 14 different Scottish Sheriff Courts. The accused persons’ backgrounds were indeed considered during the sentencing process. However, how Sheriffs constructed their role as sentencers seemed to directly affect how they acknowledged and took them into account.

在量刑过程中,刑事司法系统在多大程度上考虑了被告的背景,如果考虑了,法官又是如何理解的?为了更好地理解量刑过程的这一方面,本文研究了对苏格兰 14 个不同治安法院的 16 名治安官进行访谈和观察所获得的数据。在量刑过程中,被告的背景确实得到了考虑。然而,治安官如何构建他们作为判决者的角色似乎直接影响到他们如何承认和考虑这些背景。
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引用次数: 0
A vision for academic and third sector collaboration in (criminal) justice 学术界和第三部门在(刑事)司法领域的合作愿景
Q2 Social Sciences Pub Date : 2024-05-14 DOI: 10.1111/hojo.12562
Harry Annison, Kate Paradine

In this article we sketch a vision that might guide academic and third sector collaboration. We do so by drawing on a project that involved collaboration with a range of stakeholders, in order to stimulate ongoing discussion about how academics and the third sector might work together to seek positive change. Our findings show that there are keenly felt challenges, but also a sense of resilient optimism. A key finding among our stakeholders was a sense that there is an absence of an overarching shared vision, which was experienced by many of our respondents as consequential. Therefore, in the spirit of constructive provocation we set out such a vision, which was collaboratively developed with our respondents: opening a dialogue, rather than providing a conclusive position.

在这篇文章中,我们勾勒了一个可以指导学术界与第三部门合作的愿景。为此,我们借鉴了一个项目,该项目涉及与一系列利益相关者的合作,目的是激发关于学术界和第三部门如何合作寻求积极变革的持续讨论。我们的研究结果表明,我们深切地感受到了挑战,但同时也感受到了一种坚韧不拔的乐观精神。在我们的利益相关者中,一个重要的发现是缺乏一个总体的共同愿景,我们的许多受访者都认为这是一个后果。因此,本着建设性挑衅的精神,我们提出了这样一个愿景,这是与我们的受访者共同制定的:开启对话,而不是提供一个结论性的立场。
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引用次数: 0
Criminal record and employability in Ghana: A vignette experimental study 加纳的犯罪记录与就业能力:小故事实验研究
Q2 Social Sciences Pub Date : 2024-05-06 DOI: 10.1111/hojo.12561
Thomas D. Akoensi, Justice Tankebe

Using an experimental vignette design, the study investigates the effects of criminal records on the hiring decisions of a convenience sample of 221 human resource (HR) managers in Ghana. The HR managers were randomly assigned to read one of four vignettes depicting job seekers of different genders and criminal records: male with and without criminal record, female with and without criminal record. The evidence shows that a criminal record reduces employment opportunities for female offenders but not for their male counterparts. Additionally, HR managers are willing to offer interviews to job applicants, irrespective of their criminal records, if they expect other managers to hire ex-convicts. The implications of these findings are discussed.

本研究采用实验性小插图设计,调查了犯罪记录对加纳 221 名人力资源(HR)经理雇用决策的影响。人力资源经理被随机分配阅读四个小故事中的一个,故事描述了不同性别和犯罪记录的求职者:有犯罪记录和无犯罪记录的男性,有犯罪记录和无犯罪记录的女性。证据显示,有犯罪记录的女性罪犯的就业机会会减少,而男性罪犯的就业机会则不会减少。此外,如果人力资源经理希望其他经理雇用前科犯,那么无论求职者是否有犯罪记录,他们都愿意为其提供面试机会。本文讨论了这些研究结果的意义。
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引用次数: 0
Administrative law in action: Immigration administration By R. Thomas, London: Hart. 2022. pp. 336. £90.00 (hbk). ISBN: 9781509953110 行政法在行动:R.Thomas 著,伦敦:哈特出版社。2022. pp.336.90.00英镑(精装本)。ISBN: 9781509953110
Q2 Social Sciences Pub Date : 2024-05-02 DOI: 10.1111/hojo.12559
Harry Annison

Criminologists could be forgiven for failing to notice a book entitled Administrative law in action. The subtitle, Immigration administration, begins to indicate its relevance. This book engages in a detailed examination of the United Kingdom's immigration department (the Home Office). In so doing, it speaks to issues of immigration and border control that have been explored with increasing depth and precision, and, indeed, moral urgency, by those working within the criminological field (see, e.g., Aliverti, 2021; Bhatia & Canning, 2021; Pickering, Bosworth & Franko, 2017).

As a public law scholar based in England, Thomas's primary goal is to approach questions of administrative law in a manner that ‘gets under the surface’ (p.31): one which recognises the importance of abstract questions relating to judicial review, but which engages with the ‘basic nuts and bolts of how administrative systems operate in practice and develop over time’ (p.3). In this vein, he examines matters including how the Home Office is organised in relation to immigration, operative administrative rules and guidance, caseworking, redress and legal challenges, immigration enforcement and the role of judicial review. He devotes particular attention to the Hostile Environment Policy and Windrush.

Thomas demonstrates that ‘the organisational competence of the immigration department is significantly constrained in various ways’ (p.260). Its policymaking has been flawed, its rules unnecessarily complex, the quality of casework highly variable. Thomas argues therefore that ‘people who interact with the department experience an enormous amount of bureaucratic oppression that is often beyond the scope of any effective form of judicial or other means of redress’ (p.261).

That said, Thomas urges the reader not to view the situation, despite the problems being ‘undoubtedly serious and deep-seated’ (p.261), as being a complete catastrophe. He reminds us that much of the work is done tolerably well: most immigration applications are granted, most decisions are made within customer services standards, and most individuals (who take the time to respond) indicate in official surveys that they were satisfied with relevant processes (p.260). Thomas also points out that many of the underlying problems are common complaints that have been made against government for many years now, across a wide range of policy areas: lack of resources, clashes of internal organisational cultures, lack of sufficient support and training for staff, and poor quality control of work ‘on the ground’ (pp.262–263).

For Thomas, this is primarily to be understood as a question of good governance. He cites approvingly the Windrush review's position that ‘ministers and senior officials must provide staff with a clear understanding of what effective public administration looks like by establishing an organisational culture and profess

尽管托马斯的善治批评采用了更为谨慎的方式,但他最终向部长们提出了一个问题(并引发了更广泛的辩论),这个问题与更广泛的边境犯罪学文献相吻合:移民制度,尤其是作为执法制度的移民制度,究竟是为了什么?(p.274).托马斯的《行动中的行政法》--代表了一种期望行政能力的观点--因此可以被解读为一种具有挑战性的批判。研究这些问题的犯罪学家也提出了他所指出的问题(如博斯沃斯,2019 年)。对根本原因的诊断往往各不相同。但目前很难想象有一种相互关联的全球治理形式不以民族国家(及其内部的行政体系)为核心。因此,很难想象与移民有关的制度和程序会消失。从这一角度出发,持续探讨与移民有关的行政法问题,将为有关边境管制的作用、意义和经验的广泛讨论做出宝贵贡献。
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引用次数: 0
The stains of imprisonment: Moral communication and men convicted of sex offenses By A. Ievins, Oakland, CA.: University of California Press. 2023. pp. 214. £30.00 (pbk); free (ebk). ISBN: 9780520383715 监禁的污点:A. Ievins 著,加利福尼亚州奥克兰:加利福尼亚大学出版社。 2023. pp.30.00 英镑(平装本);免费(电子书)。ISBN: 9780520383715
Q2 Social Sciences Pub Date : 2024-04-28 DOI: 10.1111/hojo.12560
David J. Hayes

To be found guilty of an offence is to be marked not just as a wrongdoer, but an ‘offender’. To be found guilty of a sexual offence is to be doubly marked – to become the worst of the worst: a ‘sex offender’. In this short book, Ievins reports an ethnography of life in HMP Stafford – an English Category C prison devoted exclusively to incarcerating sex offenders.

The stains of imprisonment is deeply concerned with questions of truth, identity and communication. What is the nature of truth in the aftermath of (allegations of and/or convictions for) serious violence, both in the context of penal institutions and processes and of academic research into them? How do those ‘stained’ with the label of ‘sex offender’ come to terms with this identity, especially within a prison environment characterised as one specifically for sex offenders? How do the realities of lived experiences in a complex and (historically, institutionally and socially) contingent prison setting impact upon the meanings (intentional or otherwise) communicated by criminal sentences to penal subjects? Not least, how do researchers engage authentically with participants in such circumstances, letting them tell their stories and looking for the human being behind the crime, without denying or obscuring the experiences of survivors of sexual violence?

Ievins lays out this complex, thought-provoking, and empathetic enquiry in eight chapters. Chapter 1 places the book in a wider context of feminist and other discourses about the validity of state punishment, in general and in the context of sexual offending. Chapter 2 discusses the idea that punishment serves the purpose of moral communication and identifies a central tension in academic criminology, to which her book is addressed. On the one hand, penal theorists speak abstractly about what punishment should do without thinking about how institutions actually work in practice. On the other, prison sociologists typically insulate themselves from wider theoretical and normative contexts. Both sets of scholars, Ievins forcefully argues, therefore separate themselves from a full understanding of prisons and wider criminal justice and need to interface with each other's work to produce meaningful and impactful discussions of penal phenomena. Chapter 2 also sets up the empirical study, with a particular focus on HMP Stafford as the research site, and provides a brief methodological note, including a valuable reflection on the challenges of doing research in a sex offenders’ prison as a young female criminologist.

Chapters 3 through 7 discuss different aspects of the empirical data generated by Ievins's ethnography. Chapter 3 considers three structural factors impacting on participants’ understanding of their punishment, which affected the messages they perceived as being communicated by their punishment. These were: the legal framework by which offenders were officially designated ‘sex offenders’; the

被判定犯有某项罪行,不仅会被标记为不法行为者,还会被标记为 "罪犯"。被认定犯有性犯罪则是双重标记--成为最坏中的最坏:"性犯罪者"。在这本短小的书中,艾文斯报告了在英国 C 级监狱--专门关押性犯罪者的斯塔福德监狱(HMP Stafford)中的人种学生活。在刑罚机构和程序以及对其进行学术研究的背景下,严重暴力事件(指控和/或定罪)发生后的真相性质是什么?那些 "染上""性犯罪者 "标签的人如何接受这一身份,尤其是在专门针对性犯罪者的监狱环境中?在复杂而(历史、制度和社会)偶然的监狱环境中,生活经历的现实如何影响刑事判决传达给受刑人的(有意或无意的)意义?更重要的是,在这种情况下,研究人员如何真实地与参与者接触,让他们讲述自己的故事,寻找犯罪背后的人性,而不否认或掩盖性暴力幸存者的经历?第 1 章将本书置于女权主义和其他论述的大背景下,论述了国家惩罚的有效性,无论是在一般情况下还是在性犯罪的背景下。第 2 章讨论了惩罚是为了达到道德沟通的目的这一观点,并指出了犯罪学中的一个核心矛盾,她的书正是针对这一矛盾而写的。一方面,刑罚理论家抽象地谈论刑罚应该起到什么作用,而不考虑制度在实践中是如何运作的。另一方面,监狱社会学家通常将自己与更广泛的理论和规范背景隔离开来。Ievins 有力地指出,这两类学者都脱离了对监狱和更广泛的刑事司法的全面理解,因此需要与对方的研究相互结合,才能对刑罚现象进行有意义、有影响的讨论。第 2 章还介绍了实证研究的内容,特别关注了作为研究地点的哈姆普-斯塔福德监狱,并提供了简要的方法论说明,包括对作为一名年轻女性犯罪学家在性罪犯监狱进行研究时所面临挑战的宝贵思考。第 3 章探讨了影响参与者对其惩罚的理解的三个结构性因素,这些因素影响了她们所认为的惩罚所传达的信息。这三个因素是:犯罪者被正式认定为 "性犯罪者 "的法律框架;与 "性犯罪者 "标签相关的可耻 "污点",这鼓励参与者试图尽量减少和避免他们的犯罪行为,而不是将他们的定罪视为错误;以及要求参与者接受罪行的改造制度,该制度注重品格和风险,强化了惩罚针对行为人而非行为的理念。第 4 章和第 5 章对囚犯在接受性犯罪者身份时所采取的不同态度进行了分类,分别论述了那些接受自己有罪的人和那些继续抗议自己无罪的人。虽然认识到将独特的个体划分为不同类别的局限性,但 Ievins 确定了七组囚犯对斯塔福德女皇陛下监狱的监禁所持的态度,其中五组涉及接受罪行(至少在技术上),另外两组则对罪行提出异议。第 6 章和第 7 章分别探讨了监狱官员和囚犯本身在设定监狱内社区界限方面的作用。这两类行为者都试图避免直接谴责个人或涉及特定罪行的具体细节,但矛盾的是,他们的贡献导致了一种普遍的羞耻感,并谴责 "性犯罪者 "本质上是危险的、不值得尊重的。这进一步鼓励了囚犯远离对错误行为的承认,并阻止了有意义的道德交流,而刑罚理论家经常认为监狱等机构应该促进这种交流。第8章将这些主题归纳在一起,并提出了一些(相当抽象和简短的)改革的可能性,无论是通过废除刑罚或非刑罚干预,还是通过刑罚改革,都可能使惩罚更加有效。
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引用次数: 0
Understanding prison living: Mitigating the problem of ‘incompatible’ incarcerated people through the perspectives of correctional officers 了解监狱生活:通过管教人员的视角缓解被监禁者 "不相容 "的问题
Q2 Social Sciences Pub Date : 2024-04-22 DOI: 10.1111/hojo.12558
Rosemary Ricciardelli, Matthew S. Johnston, Gillian Foley, Marcus A. Sibley, Brittany Mario

Prisoner incompatibility is a challenge for correctional officers (COs), as incompatible people in prison are more likely to engage in negative interactions, participate in altercations, cause harm to each other and create tension on a unit. Through in-depth semi-structured interviews with 28 COs employed in Atlantic Canada, we explore how incompatibility among incarcerated people shapes how incarcerated people are managed and perceived by COs. Engaging the prison design literature, we further examine the kinds of spatial designs and protocols that contribute to, or mitigate, incompatibility. We find that COs describe a complex prison hierarchy that, while being laced with challenges beyond the control of COs, could nevertheless be effectively mitigated through architectural transformation or policy reforms. We highlight the need to consider how prison culture informs and is interpolated through spatial configurations of correctional institutions and how these social and spatial dynamics shape interactions between prisoners.

囚犯之间的不相容对管教人员(COs)来说是一个挑战,因为监狱中不相容的人更有可能进行负面互动、参与争吵、相互伤害并在单位中制造紧张气氛。通过对加拿大大西洋地区的 28 名狱警进行深入的半结构式访谈,我们探讨了被监禁者之间的不相容如何影响狱警对被监禁者的管理和看法。结合监狱设计方面的文献,我们进一步研究了导致或缓解不兼容性的空间设计和规程类型。我们发现,监狱长描述了一个复杂的监狱等级制度,其中充满了监狱长无法控制的挑战,但可以通过建筑改造或政策改革来有效缓解。我们强调,有必要考虑监狱文化如何影响惩教机构的空间配置,以及这些社会和空间动态如何影响囚犯之间的互动。
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Howard Journal of Crime and Justice
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