Pub Date : 2021-07-01DOI: 10.1177/1462474520953676
William Bülow, Netanel Dagan
Retributivism is one of the most prevalent theories in contemporary penal theory. However, despite its popularity it is frequently argued that too little attention has been paid to the implications of retributivism for prison management and prison life, including prison visits and furlough. More so, it has been questioned both whether the various forms of retributivism found in the philosophical literature on criminal punishment have anything to say about what prison life ought to be like and whether they are able to criticize deeply contested rules and practices, such as those that deny inmates contact with family-members for the sake of prison discipline. In this paper, we argue that prison visits and furlough have a crucial role in a prison system based on retributivist principles. In particular, we argue that the communicative theory of punishment has important theoretical resources for proving a strong and compelling rationale for both furlough and visitation on retributivist grounds. Besides exploring this rationale, we also discuss the practical implications of this view for the penal policy.
{"title":"From rehabilitation to penal communication: The role of furlough and visitation within a retributivist framework","authors":"William Bülow, Netanel Dagan","doi":"10.1177/1462474520953676","DOIUrl":"https://doi.org/10.1177/1462474520953676","url":null,"abstract":"Retributivism is one of the most prevalent theories in contemporary penal theory. However, despite its popularity it is frequently argued that too little attention has been paid to the implications of retributivism for prison management and prison life, including prison visits and furlough. More so, it has been questioned both whether the various forms of retributivism found in the philosophical literature on criminal punishment have anything to say about what prison life ought to be like and whether they are able to criticize deeply contested rules and practices, such as those that deny inmates contact with family-members for the sake of prison discipline. In this paper, we argue that prison visits and furlough have a crucial role in a prison system based on retributivist principles. In particular, we argue that the communicative theory of punishment has important theoretical resources for proving a strong and compelling rationale for both furlough and visitation on retributivist grounds. Besides exploring this rationale, we also discuss the practical implications of this view for the penal policy.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"23 1","pages":"376 - 393"},"PeriodicalIF":2.4,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1462474520953676","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47370558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.1177/14624745211029088
R. Hogg
tions largely comprise of these marginalised groups and where the research site was located), and the documented ‘banlieue-to-prison pipeline’ (p.17). The importance of this is present throughout the book and provides sobering context to Kazemian’s assessment of an individual’s chances of maintaining desistance efforts. Within the French context, this highlights the additional barriers to desistance experienced by people of North African descent. Such concerns about the variability in desistance experiences feature prominently in the Conclusion, where Kazemian highlights the need to ‘test’ our understanding of desistance narratives across different socio-cultural groups and contexts. This final chapter also acts as a rallying call for significant and systemic changes in the ways in which we treat people in prison, but within the context of a need to deal with the wider social structures that continue to oppress, marginalise and criminalise ‘others’.
{"title":"Anand A Yang, Empire of Convicts – Indian Penal Labour in Colonial Southeast Asia","authors":"R. Hogg","doi":"10.1177/14624745211029088","DOIUrl":"https://doi.org/10.1177/14624745211029088","url":null,"abstract":"tions largely comprise of these marginalised groups and where the research site was located), and the documented ‘banlieue-to-prison pipeline’ (p.17). The importance of this is present throughout the book and provides sobering context to Kazemian’s assessment of an individual’s chances of maintaining desistance efforts. Within the French context, this highlights the additional barriers to desistance experienced by people of North African descent. Such concerns about the variability in desistance experiences feature prominently in the Conclusion, where Kazemian highlights the need to ‘test’ our understanding of desistance narratives across different socio-cultural groups and contexts. This final chapter also acts as a rallying call for significant and systemic changes in the ways in which we treat people in prison, but within the context of a need to deal with the wider social structures that continue to oppress, marginalise and criminalise ‘others’.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"25 1","pages":"300 - 303"},"PeriodicalIF":2.4,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44393612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.1177/14624745211020585
A. Aliverti, Henrique Carvalho, Anastasia Chamberlen, Máximo Sozzo
In the last years there has been a growing effort from different theoretical perspectives to interrogate critically the impact of colonialism in the past and present of institutions and practices of crime control, both at the central and peripheral contexts, as well as in the production of knowledge in the criminological field. In this feature piece we examine this debate. We offer a critical account of key themes and problems that emerge from the intimate relationship between colonialism and punishment that directly challenge the persistent neglect of these dimensions in mainstream criminological scholarship. We aim to foreground the relevance of this relationship to contemporary enquiries. We highlight that decolonization did not dismantle the colonial roots of the cultural, social and political mechanisms informing contemporary punishment. They are still very much part of criminal justice practice and are thus also central to criminological knowledge productions.
{"title":"Decolonizing the criminal question","authors":"A. Aliverti, Henrique Carvalho, Anastasia Chamberlen, Máximo Sozzo","doi":"10.1177/14624745211020585","DOIUrl":"https://doi.org/10.1177/14624745211020585","url":null,"abstract":"In the last years there has been a growing effort from different theoretical perspectives to interrogate critically the impact of colonialism in the past and present of institutions and practices of crime control, both at the central and peripheral contexts, as well as in the production of knowledge in the criminological field. In this feature piece we examine this debate. We offer a critical account of key themes and problems that emerge from the intimate relationship between colonialism and punishment that directly challenge the persistent neglect of these dimensions in mainstream criminological scholarship. We aim to foreground the relevance of this relationship to contemporary enquiries. We highlight that decolonization did not dismantle the colonial roots of the cultural, social and political mechanisms informing contemporary punishment. They are still very much part of criminal justice practice and are thus also central to criminological knowledge productions.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"23 1","pages":"297 - 316"},"PeriodicalIF":2.4,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211020585","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45133465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.1177/14624745211024339
Tomas Max Martin
This article explores what air means and entails in penal settings and examines how carcerality attaches itself to air. With inspiration from social science approaches to the study of air, I propose that the lived experience of prison air can be fruitfully analyzed through the notions of breath, smell, and wind. This point is explored through two incidents about prison air drawn from ethnographic fieldwork in Myanmar. Together they illustrate a shift in Myanmar penality from a martial logic of destroying the enemy towards an internationally infused rationality of control and care. The first is a tale of an imprisoned engineer’s subversive effort to improve the air quality in prisons; the second, the design and building of tuberculosis wards in prisons that aim to bring prison air in line with international standards. The analysis of these incidents broadens the analytical sensorium of prison air by drawing attention to, on the one hand, a basic empirical and affective sensing of air, recognising air as a scarce and coveted resource that prison actors’ appropriate to survive. On the other hand, attention is drawn to the possibility of sensing with air, whereby the discourses, technologies, rules, and practices of air can be utilized as entry points for the analysis of prison governance and the transitional dynamics of penality.
{"title":"The politics of prison air: Breath, smell, and wind in Myanmar prisons","authors":"Tomas Max Martin","doi":"10.1177/14624745211024339","DOIUrl":"https://doi.org/10.1177/14624745211024339","url":null,"abstract":"This article explores what air means and entails in penal settings and examines how carcerality attaches itself to air. With inspiration from social science approaches to the study of air, I propose that the lived experience of prison air can be fruitfully analyzed through the notions of breath, smell, and wind. This point is explored through two incidents about prison air drawn from ethnographic fieldwork in Myanmar. Together they illustrate a shift in Myanmar penality from a martial logic of destroying the enemy towards an internationally infused rationality of control and care. The first is a tale of an imprisoned engineer’s subversive effort to improve the air quality in prisons; the second, the design and building of tuberculosis wards in prisons that aim to bring prison air in line with international standards. The analysis of these incidents broadens the analytical sensorium of prison air by drawing attention to, on the one hand, a basic empirical and affective sensing of air, recognising air as a scarce and coveted resource that prison actors’ appropriate to survive. On the other hand, attention is drawn to the possibility of sensing with air, whereby the discourses, technologies, rules, and practices of air can be utilized as entry points for the analysis of prison governance and the transitional dynamics of penality.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"23 1","pages":"478 - 496"},"PeriodicalIF":2.4,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211024339","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41652317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.1177/14624745211027272
M. Comfort
Sarah Esther Lageson ’ s Digital Punishment: Privacy, Stigma, and the Harms of Data-Driven Criminal Justice is a deeply illuminating, profoundly important, and urgently communicated book drawing on years of empirical study and case law research to excavate the murky and maddening labyrinth of online criminal records. Lageson expertly demonstrates that the proliferation and commodi fi cation of technology-driven recordkeeping has exponentially expanded the ways in which people can be shamed, sur-veilled, punished, and fi nancially and emotionally devastated. As usual in American life, the majority of people targeted for these abuses are Black and brown, and do not have the requisite forms of political, social or economic capital to inoculate them from the poten-tially dire rami fi cations of an encounter with the police and its sequelae. In the tradition of Michael Tonry ’ s (1995) treatment in his classic book Malign Neglect of the “ tough on crime ” policies of the 1980s and 90 s, Digital Punishment lays bare the inherently racist and fundamentally unethical practices of capturing, selling, publicizing, and priori-tizing information generated by an astonishingly convoluted and egregiously damaging system. The fi rst part of Digital Punishment explores the production and dissemination of digital records documenting police stops, court hearings, community supervision or incarceration sentences, and other forms of contact with the criminal legal system. Lageson deftly leads readers through the thicket of disjointed practices, overworked government employees, public databases, private brokers, barely regulated markets, fervent “ digilantes, ” and exploitative pro fi teers that generate, commodify, and broadcast these data. We learn why rhetoric about the importance of transparency has superseded rights to privacy, how errors with life-altering consequences are routinely introduced and reproduced by staff who are undertrained for and relatively unconcerned with data management, and that harvesting, repackaging, and selling
Sarah Esther Lageson的《数字惩罚：隐私、污名和数据驱动刑事司法的危害》是一本极具启发性、极其重要且急需交流的书，该书借鉴了多年的实证研究和判例法研究，挖掘了网络犯罪记录中阴暗而令人抓狂的迷宫。Lageson熟练地证明，技术驱动的记录保存的扩散和商品化已经成倍地扩大了人们受到羞辱、监视、惩罚以及财务和情感打击的方式。在美国生活中，像往常一样，这些虐待行为的目标人群大多是黑人和棕色人种，他们没有必要的政治、社会或经济资本来保护他们免受与警察及其后遗症的潜在可怕后果的伤害。Michael Tonry（1995）在其经典著作《恶意忽视20世纪80年代和90年代的“严厉打击犯罪”政策》中对其进行了传统的处理，《数字惩罚》揭露了捕捉、销售、宣传和先验信息的固有种族主义和根本不道德的做法，这些信息是由一个令人惊讶的复杂和极具破坏性的系统产生的。数字惩罚的第一部分探讨了数字记录的制作和传播，这些记录记录了警察拦截、法庭听证会、社区监督或监禁判决，以及与刑事法律系统的其他形式的接触。Lageson巧妙地带领读者了解了错综复杂的脱节做法、过度劳累的政府雇员、公共数据库、私人经纪人、几乎没有监管的市场、狂热的“挖掘者”以及生成、商品化和传播这些数据的剥削者。我们了解到，为什么关于透明度重要性的言论已经取代了隐私权，那些对数据管理培训不足且相对不关心数据管理的员工如何经常引入和复制具有改变生活后果的错误，以及收集、重新包装和销售
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Pub Date : 2021-06-30DOI: 10.1177/14624745211029097
A. Kian
{"title":"Nahid Rahimipour Anaraki, Prison in Iran. A Known Unknown","authors":"A. Kian","doi":"10.1177/14624745211029097","DOIUrl":"https://doi.org/10.1177/14624745211029097","url":null,"abstract":"","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"24 1","pages":"750 - 752"},"PeriodicalIF":2.4,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211029097","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47440239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-24DOI: 10.1177/14624745211024342
B. Agozino
Taking inspiration from Neo-colonialism: the last stage of imperialism, by Kwame Nkrumah of the thesis by Lenin that Imperialism (is) the highest stage of capitalism, I postulate that reparative justice is the final stage of decolonization (Nkrumah 1968). Based on the argument in Counter-Colonial Criminology that imperialism is the general form of all types of deviance in the sense that all acts of deviance seek to invade and colonize the private and public spaces of others, I conclude that reparative justice programs addressing the legacies of crimes committed by empires and corporations would signal the final stages of decolonization. Contrary to the conventional assumptions in criminology that poverty and powerlessness are the major causes of deviance, I suggest that power, not powerlessness, is a more significant cause of all deviance by the powerful and by the relatively powerless alike because the relatively powerless prey on those even more powerless in the community while the majority of the poor remain overwhelmingly law abiding and the rich get away with bloody murder, as Steve Box and Jeffrey Reiman theorized (Box, 1993; Reiman and Leighton, 2020). Accordingly, the preferred societal response to deviance should be reparative rather than punitive justice in keeping with the decolonization paradigm in criminology and justice towards a more humane world devoid of immigration control, repressive policing, the prison-industrial complex, racism-sexism-imperialism, militarism, homophobia, the war on drugs, capital punishment, homelessness, illiteracy, and without state power as class domination to make way for the principles of taking from all according to their abilities and giving to all according to their needs (Pfohl, 1994).
{"title":"Reparative justice: The final stage of decolonization","authors":"B. Agozino","doi":"10.1177/14624745211024342","DOIUrl":"https://doi.org/10.1177/14624745211024342","url":null,"abstract":"Taking inspiration from Neo-colonialism: the last stage of imperialism, by Kwame Nkrumah of the thesis by Lenin that Imperialism (is) the highest stage of capitalism, I postulate that reparative justice is the final stage of decolonization (Nkrumah 1968). Based on the argument in Counter-Colonial Criminology that imperialism is the general form of all types of deviance in the sense that all acts of deviance seek to invade and colonize the private and public spaces of others, I conclude that reparative justice programs addressing the legacies of crimes committed by empires and corporations would signal the final stages of decolonization. Contrary to the conventional assumptions in criminology that poverty and powerlessness are the major causes of deviance, I suggest that power, not powerlessness, is a more significant cause of all deviance by the powerful and by the relatively powerless alike because the relatively powerless prey on those even more powerless in the community while the majority of the poor remain overwhelmingly law abiding and the rich get away with bloody murder, as Steve Box and Jeffrey Reiman theorized (Box, 1993; Reiman and Leighton, 2020). Accordingly, the preferred societal response to deviance should be reparative rather than punitive justice in keeping with the decolonization paradigm in criminology and justice towards a more humane world devoid of immigration control, repressive policing, the prison-industrial complex, racism-sexism-imperialism, militarism, homophobia, the war on drugs, capital punishment, homelessness, illiteracy, and without state power as class domination to make way for the principles of taking from all according to their abilities and giving to all according to their needs (Pfohl, 1994).","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"23 1","pages":"613 - 630"},"PeriodicalIF":2.4,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211024342","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49474702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-22DOI: 10.1177/14624745211025745
E. Stambøl
The article explores the relevance of neo-colonial theory for criminology, and its contribution to understanding why and how penal policy and models travel from the global North to the global South. An empirical example is employed to review arguments for and against ‘penal neo-colonialism’ and to tease out the theory’s strengths and limitations; namely the European Union’s ‘penal aid’ to shape West African countries’ penal policies and practices to stop illicit flows and irregular mobility to Europe. The article further discusses neo-colonial theory’s concepts of agency, power and sovereignty by comparing them to similar poststructuralist perspectives on the ‘contingent sovereignty’ of ‘governance states’. Moreover, by drawing on a theoretical discussion on statehood in African studies, it looks at how the sovereignty of African states has been conceptualized as hollowed out ‘from above’ as well as ‘from below’. In doing so, the article contributes to a recent criminological debate that has problematized the relationship between (travelling) penal power and state sovereignty.
{"title":"Neo-colonial penality? Travelling penal power and contingent sovereignty","authors":"E. Stambøl","doi":"10.1177/14624745211025745","DOIUrl":"https://doi.org/10.1177/14624745211025745","url":null,"abstract":"The article explores the relevance of neo-colonial theory for criminology, and its contribution to understanding why and how penal policy and models travel from the global North to the global South. An empirical example is employed to review arguments for and against ‘penal neo-colonialism’ and to tease out the theory’s strengths and limitations; namely the European Union’s ‘penal aid’ to shape West African countries’ penal policies and practices to stop illicit flows and irregular mobility to Europe. The article further discusses neo-colonial theory’s concepts of agency, power and sovereignty by comparing them to similar poststructuralist perspectives on the ‘contingent sovereignty’ of ‘governance states’. Moreover, by drawing on a theoretical discussion on statehood in African studies, it looks at how the sovereignty of African states has been conceptualized as hollowed out ‘from above’ as well as ‘from below’. In doing so, the article contributes to a recent criminological debate that has problematized the relationship between (travelling) penal power and state sovereignty.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"23 1","pages":"536 - 556"},"PeriodicalIF":2.4,"publicationDate":"2021-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211025745","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44219235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-09DOI: 10.1177/14624745211023455
Jessica Evans
The summer of 2020 was one of unprecedented mass protest and a growing critical awareness around the racist operation of criminal justice systems in North America. Consequently, criminal justice systems have been placed squarely at the forefront of struggles for racial equality and social change. While activists, critical researchers, and legal experts have argued racial justice requires a diversion of communities and resources away from criminal justice systems, the focus in mainstream policy, media, and academic circles has been on reform. In Canada, a focus on reformist responses to this racial violence has been justified through a distorted view of Canada’s criminal justice system. Drawing on the concept of penal nationalism, I argue that Canadian carceral practices must be understood as constitutive of the settler-colonial state and its ideological, material and institutional mooring in racial whiteness as the locus of settler power and sovereignty. To this end, it is not enough to reform specific penal practices, while leaving intact the legitimacy of the criminal justice system in general. What is at stake is the very definition and protection of a national identity, which in the settler colony is predicated on colonial whiteness, Indigenous erasure, and racialized exploitation.
{"title":"Penal nationalism in the settler colony: On the construction and maintenance of ‘national whiteness’ in settler Canada","authors":"Jessica Evans","doi":"10.1177/14624745211023455","DOIUrl":"https://doi.org/10.1177/14624745211023455","url":null,"abstract":"The summer of 2020 was one of unprecedented mass protest and a growing critical awareness around the racist operation of criminal justice systems in North America. Consequently, criminal justice systems have been placed squarely at the forefront of struggles for racial equality and social change. While activists, critical researchers, and legal experts have argued racial justice requires a diversion of communities and resources away from criminal justice systems, the focus in mainstream policy, media, and academic circles has been on reform. In Canada, a focus on reformist responses to this racial violence has been justified through a distorted view of Canada’s criminal justice system. Drawing on the concept of penal nationalism, I argue that Canadian carceral practices must be understood as constitutive of the settler-colonial state and its ideological, material and institutional mooring in racial whiteness as the locus of settler power and sovereignty. To this end, it is not enough to reform specific penal practices, while leaving intact the legitimacy of the criminal justice system in general. What is at stake is the very definition and protection of a national identity, which in the settler colony is predicated on colonial whiteness, Indigenous erasure, and racialized exploitation.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":"23 1","pages":"515 - 535"},"PeriodicalIF":2.4,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211023455","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44689234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-30DOI: 10.1177/14624745211019112
Netanel Dagan, S. Shalev
This paper explores the role of judges in authorising the extension of placements in solitary confinement in Israeli prisons for lengthy periods of time. It qualitatively examines, through content analysis of 354 Israeli court decisions, how judges negotiate and rationalise the harmful effects of solitary confinement when balanced against the prison authorities’ reasoning for subjecting prisoners to it. Finding an overall tendency to defer to the expertise of prison authorities, we examine what Sykes & Matza termed ‘techniques of neutralisation’ used by judges to distance themselves from the responsibility for solitary confinement placements and the hardship they inflict. The paper further discusses the socio-legal and organisational structures and contexts which incentivise the prioritisation of prison security/discipline over the protection of prisoners from the ‘pains of solitary confinement’.
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