Pub Date : 2022-03-07DOI: 10.1177/14624745221085693
Xiaoye Zhang
Penal order is closely linked to the broader social order in China and the disciplinary side of its maintenance. This article seeks to demonstrate, through the case of performance making, what order means to the Chinese prison authority, and how prisoners comply with and sometimes defy the system based upon various motivations. Using data from an ethnographic study on performance making in a men's prison during 2015–2018, this study aims to understand how an 'exemplary order' is maintained, and what kinds of compliance and resistance can be found. The findings suggest that “theatre in prisons” is not a Western invention to be borrowed, but a long-established institutional mechanism of order mainetence in China, as participation in prison's activities represents compliance with the regime order. However, compliance is also utilized by the prisoners not only for hedonistic gains but also for gaining social capital, which can have a strong positive influence on their quality of life inside and earlier release. This study will also demonstrate how the Chinese penal order maintenance shares similirities with modes of soft power found in British prisons, as well prisoner-officer collaboration found in other Global South countries, with a twist
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Pub Date : 2022-03-07DOI: 10.1177/14624745221081961
S. Balakrishnan
It has been argued that the debtors’ prison was abolished in 19th century Europe and North America because the institution contradicted the principles of modern capitalism; by confining debtors for unpaid loans, it punished the poor while hampering the creditor, who could not be repaid by a debtor rotting in jail. This essay revises these assumptions through a study of debtors’ prisons in 19th century Ghana. It argues that, in both Europe and West Africa, the debtors’ prison historically emerged as a hostage-taking institution. Families paid their members’ loans to free them. In 19th century Ghana, this system proved crucial to the spread of mercantile capitalism; debt inmates were released within a week and creditors were repaid in full. However, in Euro-America, a new belief in homo economicus as the ‘self-made man’ portrayed insolvency as an individual failure. The European nuclear family also reduced the financial base supporting the debtor. The result was that debtors faced months, if not years, behind bars. This essay suggests that debtors’ prisons disappeared in Europe, while flourishing in West Africa, not due to the emergence of capitalism, but because of the social fabric of credit relations—the financial obligations of Africa kin networks versus European families.
{"title":"The jailhouse divergence: Why debtors’ prisons disappeared in 19th century Europe and flourished in West Africa","authors":"S. Balakrishnan","doi":"10.1177/14624745221081961","DOIUrl":"https://doi.org/10.1177/14624745221081961","url":null,"abstract":"It has been argued that the debtors’ prison was abolished in 19th century Europe and North America because the institution contradicted the principles of modern capitalism; by confining debtors for unpaid loans, it punished the poor while hampering the creditor, who could not be repaid by a debtor rotting in jail. This essay revises these assumptions through a study of debtors’ prisons in 19th century Ghana. It argues that, in both Europe and West Africa, the debtors’ prison historically emerged as a hostage-taking institution. Families paid their members’ loans to free them. In 19th century Ghana, this system proved crucial to the spread of mercantile capitalism; debt inmates were released within a week and creditors were repaid in full. However, in Euro-America, a new belief in homo economicus as the ‘self-made man’ portrayed insolvency as an individual failure. The European nuclear family also reduced the financial base supporting the debtor. The result was that debtors faced months, if not years, behind bars. This essay suggests that debtors’ prisons disappeared in Europe, while flourishing in West Africa, not due to the emergence of capitalism, but because of the social fabric of credit relations—the financial obligations of Africa kin networks versus European families.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44188915","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 : 2022-02-21DOI: 10.1177/14624745221081950
D. Konaté
This paper examines the incarceration of the Originaires in colonial Senegal to illuminate how imprisonment had shaped or altered their French citizenship rights in prisons. Among the prison population in colonial Senegal were some Originaires, the residents of the Four Communes who were granted French citizenship rights as early as 1833, a status that remained ambiguous until 1916 when a new law made them full-pledged French citizens. But the colonial government restrictions on access to full French citizenship rights in the Four Communes compelled the Originaires to mobilize to defend those rights. Their struggle found a breeding ground in the colonial prisons where some Originaire prisoners made two types of claims: to equality with European prisoners based on notions of birthright citizenship and cultural claims to being a different category of prisoners that deserved differential treatment compared to “natives.” By building their requests for equal admission to the European regime around the violation of their citizenship rights, this study will demonstrate that Originaire prisoners made arguments that tied their claims-making specifically to race and status without losing sight of the cultural differences between themselves and “native” prisoners, all in the context of a racially segregated prison world.
{"title":"Imprisonment and Citizenship in Senegal, 1917–1946: The Case of the Originaires","authors":"D. Konaté","doi":"10.1177/14624745221081950","DOIUrl":"https://doi.org/10.1177/14624745221081950","url":null,"abstract":"This paper examines the incarceration of the Originaires in colonial Senegal to illuminate how imprisonment had shaped or altered their French citizenship rights in prisons. Among the prison population in colonial Senegal were some Originaires, the residents of the Four Communes who were granted French citizenship rights as early as 1833, a status that remained ambiguous until 1916 when a new law made them full-pledged French citizens. But the colonial government restrictions on access to full French citizenship rights in the Four Communes compelled the Originaires to mobilize to defend those rights. Their struggle found a breeding ground in the colonial prisons where some Originaire prisoners made two types of claims: to equality with European prisoners based on notions of birthright citizenship and cultural claims to being a different category of prisoners that deserved differential treatment compared to “natives.” By building their requests for equal admission to the European regime around the violation of their citizenship rights, this study will demonstrate that Originaire prisoners made arguments that tied their claims-making specifically to race and status without losing sight of the cultural differences between themselves and “native” prisoners, all in the context of a racially segregated prison world.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46639606","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 : 2022-02-21DOI: 10.1177/14624745221079291
S. Tillotson
{"title":"Book Review: Vagrants and Vagabonds: Poverty and Mobility in the Early American Republic by Kristin O’Brassill-Kulfan","authors":"S. Tillotson","doi":"10.1177/14624745221079291","DOIUrl":"https://doi.org/10.1177/14624745221079291","url":null,"abstract":"","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44103965","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 : 2022-02-21DOI: 10.1177/14624745221080705
Milena Tripkovic
This article examines the underlying aims of denationalization of criminal offenders by framing the discussion within citizenship theory. It argues that such citizenship revocation policies exclude individuals who are perceived as non-ideal citizens under a complex vision of citizenship that combines communitarian and liberal undertones, which has significant consequences for detecting those with weak claims to membership. To develop this argument, the article advances in the following way. I first argue that the ‘protective’ function of citizenship, which has so far shielded domestic offenders from expulsion, has been eroding due to increasing reliance on denationalization. I then show, by employing an original study of European policies, that the ‘protective’ function of citizenship is eroding not only in general terms, but that it furthermore targets citizens of a particular profile that is continuously changing. Finally, I argue that recent revocation policies that are premised on security concerns, promote a complex vision of citizenship that combines elements of communitarian and liberal conceptions of belonging and works to exclude citizens of foreign descent who, at the same time, repudiate liberal values. Consequently, the status of the criminal rather than non-citizen, gains prominence in determining those at risk of exclusion from the polity.
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Pub Date : 2022-02-17DOI: 10.1177/14624745221079793
Jize Jiang, Jingwei Liu
In this study, we address two observed gaps in existing accounts on Chinese community corrections (hereafter CCC): 1) lack of multilevel understanding of this penal institution’s local variations in a highly centralized penal regime; 2) inadequate scrutiny of political logics of, and the authoritarian state’s significance in, its recent formal introduction. Those limits may inhibit adequate understandings of state power and punishment in an authoritarian polity like China. To that end, we argue for a multilayered and hybrid conceptualization of CCC as an assemblage of penal welfare and penal sovereignty to understand CCC’s formation and function. Fracturing the holistic entity of CCC, our study challenges the approach to viewing it as a system of singular logics and unifying structure, and contrasts three modes of operational practices across localities—bureaucratic, professionalization, and technology-dominant models. Moreover, our analysis of its political functions suggests that in effect penal sovereignty subjugates penal welfare within contemporary Chinese penality. Far from heralding the full-fledged rise of Chinese penal welfare, this legal formalization represents a space created for the authoritarian state to penetrate political ideologies, and to reclaim, consolidate and exercise sovereign power through managerial penal strategies in a rapidly developing and differentiating society.
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Pub Date : 2022-02-14DOI: 10.1177/14624745221080698
Matthew Clair
1. This book was published in 2019 the same year the important Timbs v. Indiana case occurred. The court held “The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause.” Timbs v. Indiana, 139 s. Ct. 682 (2019). Since this decision important legal and policy deliberations have begun to engage with notions of what “excessive” is and how courts should interpret and apply (Colgan and McLean, 2020).
{"title":"Alexandra Natapoff, Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal","authors":"Matthew Clair","doi":"10.1177/14624745221080698","DOIUrl":"https://doi.org/10.1177/14624745221080698","url":null,"abstract":"1. This book was published in 2019 the same year the important Timbs v. Indiana case occurred. The court held “The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause.” Timbs v. Indiana, 139 s. Ct. 682 (2019). Since this decision important legal and policy deliberations have begun to engage with notions of what “excessive” is and how courts should interpret and apply (Colgan and McLean, 2020).","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45319093","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 : 2022-02-10DOI: 10.1177/14624745221079292
Robert J. Durán
{"title":"Marisol LeBrón, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico","authors":"Robert J. Durán","doi":"10.1177/14624745221079292","DOIUrl":"https://doi.org/10.1177/14624745221079292","url":null,"abstract":"","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47658596","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 : 2022-02-10DOI: 10.1177/14624745221077680
Anya Degenshein
Using a combination of FOIA-requested legislative committee hearings and in-depth interviews, this manuscript investigates the work of Illinois prosecutorial lobbyists in state-level crime policy during a time of penal reform. I find that prosecutorial lobbyists are a regular and influential presence in policy discussions, advocating primarily for 'law and order' policies that expand prosecutorial discretion, even following the Great Recession. I also find that they repeatedly evoke their relationship to crime victims to frame their policy positions for a bipartisan audience. However, attention to discourse reveals that victims’ own interests regularly clash with prosecutorial discretion. These clashes create what I term discursive ruptures, or uncomfortable and surprising rhetorical fissures that emerge in what is otherwise seen as a near iron-clad political alliance. In such instances, prosecutors risk alienating a key source of their political legitimacy to protect their own discretionary authority. Beyond insight into momentary political discomfort, these ruptures suggest that the powerful and productive alliance between prosecutors and victims is neither as natural nor as robust as relational perspectives have generally assumed, unearthing fault lines in prosecutors’ unparalleled power to punish.
{"title":"Ruptured alliances: Prosecutorial lobbying, victims’ interests and punishment policy in Illinois","authors":"Anya Degenshein","doi":"10.1177/14624745221077680","DOIUrl":"https://doi.org/10.1177/14624745221077680","url":null,"abstract":"Using a combination of FOIA-requested legislative committee hearings and in-depth interviews, this manuscript investigates the work of Illinois prosecutorial lobbyists in state-level crime policy during a time of penal reform. I find that prosecutorial lobbyists are a regular and influential presence in policy discussions, advocating primarily for 'law and order' policies that expand prosecutorial discretion, even following the Great Recession. I also find that they repeatedly evoke their relationship to crime victims to frame their policy positions for a bipartisan audience. However, attention to discourse reveals that victims’ own interests regularly clash with prosecutorial discretion. These clashes create what I term discursive ruptures, or uncomfortable and surprising rhetorical fissures that emerge in what is otherwise seen as a near iron-clad political alliance. In such instances, prosecutors risk alienating a key source of their political legitimacy to protect their own discretionary authority. Beyond insight into momentary political discomfort, these ruptures suggest that the powerful and productive alliance between prosecutors and victims is neither as natural nor as robust as relational perspectives have generally assumed, unearthing fault lines in prosecutors’ unparalleled power to punish.","PeriodicalId":47626,"journal":{"name":"Punishment & Society-International Journal of Penology","volume":null,"pages":null},"PeriodicalIF":2.4,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46879679","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 : 2022-02-08DOI: 10.1177/14624745221079000
Jamie Buchan
were efforts to change the narrative regarding the problematic outcomes of mano dura and the reasons for increased violence in the archipelago. The police were not bringing solutions, thus residents replicated Chicago’s Cure Violence Model by creating their own program of violence interrupters named Acuerdo de Paz built on a feminist framework that paid its workers a living wage. The workers reached out to young people encountering obstacles in a complex social context. They utilized developing a different form of consciousness to disrupt gendered expectations regarding how to respond to personal affronts. Resistance also came from the involvement of university students working to ensure better access and resources at public universities. In addition, social media was utilized to change the perception of victimization and how traditional thinking about who was worthy and unworthy maintained many classist, racist, and sexist viewpoints. In summary, LeBrón’s interdisciplinary training provides a refreshing analysis to the contemporary challenges in Puerto Rico as a colonial possession of the United States. The book shines in outlining how political leaders in the territory ignored, neglected, and targeted certain segments of the population. The use of the Puerto Rican Police Department and National Guard resulted in enhanced inequality. As an act of survival from violent victimization and incarceration, residents created several forms of self-help strategies that lacked ongoing institutional support. Resolving these challenges may be more difficult after Hurricane María in 2017. I look forward to learning more from Dr. Marisol LeBrón, regarding these evolving changes, as residents pursue solidarity and mutual support in the face of inequality maintained by punitive governance.
努力改变关于马诺杜拉事件的问题结果以及该群岛暴力事件增加的原因的说法。警方没有提出解决方案，因此居民们复制了芝加哥的“治愈暴力模式”，创建了自己的名为“Acuerdo de Paz”的暴力打断者项目，该项目建立在向工人支付生活工资的女权主义框架之上。工人们向在复杂的社会环境中遇到障碍的年轻人伸出援手。他们利用发展一种不同形式的意识来打破性别对如何应对个人冒犯的期望。阻力还来自于大学生的参与，他们努力确保公立大学有更好的机会和资源。此外，社交媒体被用来改变人们对受害的看法，以及关于谁值得和不值得的传统思维如何维持许多阶级主义、种族主义和性别歧视的观点。总之，LeBrón的跨学科培训为波多黎各作为美国殖民地的当代挑战提供了令人耳目一新的分析。这本书精彩地概述了该地区的政治领导人是如何忽视、忽视和针对某些人群的。波多黎各警察局和国民警卫队的使用加剧了不平等现象。作为一种从暴力受害和监禁中生存的行为，居民们创造了几种形式的自助策略，但缺乏持续的制度支持。在2017年的飓风玛丽亚之后，解决这些挑战可能会更加困难。我期待着从Marisol LeBrón博士那里了解更多关于这些不断演变的变化，因为面对惩罚性治理所维持的不平等，居民们寻求团结和相互支持。
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