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Legal reality or legal mirage? Examining the relationship between police violence, legal consciousness, and the promise of civil legal justice 法律现实还是法律海市蜃楼?研究警察暴力、法律意识和民事法律正义承诺之间的关系
Pub Date : 2024-03-18 DOI: 10.1177/14624745241237702
Theresa Rocha Beardall
Race-and-class-subjugated communities continue to experience disproportionate police violence despite increased attention to this longstanding problem. This study examines how residents make sense of the legal issues that arise from these encounters and turn to civil law for assistance. I do so by unifying scholarship on police encounters, legal consciousness, and access to justice to consider the obstacles everyday people encounter when they consider filing a civil legal claim in the aftermath of police violence. Drawing on ethnographic fieldwork and interviews with 24 residents and two attorneys specializing in police brutality, I find that all residents, but especially those who sought civil legal justice, experienced what this study calls a legal mirage—which occurs when a knowable legal process exists to pursue one’s rights, but a variety of barriers (e.g., structural, human, financial) make that process unreachable. Three obstacles reinforced this mirage: difficulties obtaining competent representation, unresponsiveness when securing evidence, and frustration navigating municipal indemnification. I conclude by outlining the practical implications of this research for advocates looking to increase access to civil legal services and reduce police violence. Without these interventions, civil legal justice may remain elusive and beyond the reach of everyday people.
尽管人们越来越关注警察暴力这一长期存在的问题,但种族和阶级被征服的社区仍然遭受着不成比例的警察暴力。本研究探讨了居民如何理解这些遭遇中产生的法律问题,并向民法寻求帮助。为此,我将遭遇警察、法律意识和诉诸司法等方面的学术研究结合起来,以考虑普通人在遭遇警察暴力后考虑提出民事法律索赔时所遇到的障碍。通过对 24 名居民和两名专门研究警察暴力问题的律师进行人种学实地调查和访谈,我发现所有居民,尤其是那些寻求民事法律正义的居民,都经历了本研究中所说的法律海市蜃楼--当存在一个可知的法律程序来追求自己的权利,但各种障碍(如结构性障碍、人为障碍、经济障碍等)使该程序无法实现时,就会出现这种海市蜃楼。三个障碍强化了这一海市蜃楼:难以获得称职的代理律师、获取证据时反应迟钝,以及在市政赔偿方面遇到挫折。最后,我概述了本研究对希望增加获得民事法律服务机会和减少警察暴力的倡导者的实际影响。如果不采取这些干预措施,民事法律正义可能仍然难以实现,普通人也难以企及。
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引用次数: 0
A reality check on the digitalisation of prisons: Assessing the opportunities and risks of providing digital technologies for prisoners 监狱数字化的现实检验:评估为囚犯提供数字技术的机遇和风险
Pub Date : 2024-03-18 DOI: 10.1177/14624745241237190
Veronika Hofinger, Philipp Pflegerl
While our societies are developing into digital information societies, most prisoners do not have access to modern information and communications technologies. Smart prisons that provide digital devices for prisoners aim to grant prisoners more autonomy, provide access to education and information, strengthen contact with relatives and friends and reduce the effects of deprivation. The concept of ‘digital rehabilitation’ suggests that digital devices have a positive effect on rehabilitation in various areas. Nonetheless, technological developments also entail risks that go beyond security concerns such as misuse of the devices by prisoners. Based on qualitative interviews with Austrian prisoners and theoretical reflections on the opportunities and risks of digital technologies in prison, we point out ambivalences and possible negative effects for prisoners that have received little attention so far. We outline the importance of a needs-oriented implementation in order to avoid negative outcomes such as a mere expansion of surveillance, an outsourcing of institutional responsibility, a loss of important social interactions and a deepening of the digital divide within the institution. In this paper, we further contend that the selective digital transformation of prisons can function as a ‘Potemkin façade’ enabling prisons to present themselves as modern without structurally improving the conditions of the majority of the prison population. These risks, which might be less obvious than security concerns, must be taken into account when evaluating and implementing digitalisation strategies.
虽然我们的社会正在向数字信息社会发展,但大多数囚犯却无法使用现代信息和通信技术。为囚犯提供数字设备的智能监狱旨在赋予囚犯更多的自主权,提供接受教育和获取信息的机会,加强与亲友的联系,减少被剥夺权利的影响。数字改造 "的概念表明,数字设备在不同领域对改造有积极作用。然而,技术的发展也带来了安全之外的风险,如囚犯滥用设备。基于对奥地利囚犯的定性访谈以及对监狱中数字技术机遇与风险的理论思考,我们指出了迄今为止鲜有人关注的矛盾心理以及可能对囚犯产生的负面影响。我们概述了以需求为导向实施的重要性,以避免出现负面结果,如仅仅扩大监控范围、机构责任外包、失去重要的社会互动以及加深机构内部的数字鸿沟。在本文中,我们进一步指出,监狱有选择性的数字化改造可能会成为一种 "假面具",使监狱以现代化的面目示人,却无法从结构上改善大多数囚犯的状况。在评估和实施数字化战略时,必须考虑到这些风险,它们可能不如安全问题那么明显。
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引用次数: 0
‘A pre-requisite of progress’? Prison modernisation and new prison building in England and Wales 进步的先决条件"?英格兰和威尔士的监狱现代化和新监狱建设
Pub Date : 2024-02-11 DOI: 10.1177/14624745241229149
Robert Jones, Emily Hart, David Scott
Drawing upon archival research and documentary analysis, this article offers the first in-depth critical account of the prison modernisation narrative in England and Wales. By closely examining the claims behind the UK Government's current prison building policy, the article reveals that prison modernisation is severely undermined by a lack of supporting evidence as well as arguments which indisputably serve to contradict the government's claims. In concluding that modernisation is a seductive and elusive concept which has been deployed to legitimate and support investment in the prison estate, the article offers new and important insights that contribute to critical research agendas around the endurance, survival, and growth of the prison, despite irrefutable and overwhelming evidence of its failure. The analysis presented here should encourage and embolden academics, policy makers, practitioners and politicians in England and Wales, as well as those in jurisdictions where modernisation is also used to legitimate prison expansion, to engage more critically with the claims behind prison modernisation.
本文通过档案研究和文献分析,首次对英格兰和威尔士的监狱现代化叙事进行了深入的批判性阐述。通过仔细研究英国政府当前监狱建设政策背后的主张,文章揭示了监狱现代化因缺乏支持性证据以及与政府主张相矛盾的论点而受到严重破坏。文章的结论是,现代化是一个诱人而难以捉摸的概念,它被用来合法化和支持对监狱的投资,文章提供了新的重要见解,有助于围绕监狱的耐力、生存和发展展开批判性研究议程,尽管有无可辩驳和压倒性的证据表明监狱是失败的。本文所做的分析应能鼓励英格兰和威尔士的学者、政策制定者、从业人员和政治家,以及那些同样利用现代化为监狱扩张辩护的司法管辖区的学者、政策制定者、从业人员和政治家,以更加批判的眼光看待监狱现代化背后的诉求。
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引用次数: 0
‘A pre-requisite of progress’? Prison modernisation and new prison building in England and Wales 进步的先决条件"?英格兰和威尔士的监狱现代化和新监狱建设
Pub Date : 2024-02-11 DOI: 10.1177/14624745241229149
Robert Jones, Emily Hart, David Scott
Drawing upon archival research and documentary analysis, this article offers the first in-depth critical account of the prison modernisation narrative in England and Wales. By closely examining the claims behind the UK Government's current prison building policy, the article reveals that prison modernisation is severely undermined by a lack of supporting evidence as well as arguments which indisputably serve to contradict the government's claims. In concluding that modernisation is a seductive and elusive concept which has been deployed to legitimate and support investment in the prison estate, the article offers new and important insights that contribute to critical research agendas around the endurance, survival, and growth of the prison, despite irrefutable and overwhelming evidence of its failure. The analysis presented here should encourage and embolden academics, policy makers, practitioners and politicians in England and Wales, as well as those in jurisdictions where modernisation is also used to legitimate prison expansion, to engage more critically with the claims behind prison modernisation.
本文通过档案研究和文献分析,首次对英格兰和威尔士的监狱现代化叙事进行了深入的批判性阐述。通过仔细研究英国政府当前监狱建设政策背后的主张,文章揭示了监狱现代化因缺乏支持性证据以及与政府主张相矛盾的论点而受到严重破坏。文章的结论是,现代化是一个诱人而难以捉摸的概念,它被用来合法化和支持对监狱的投资,文章提供了新的重要见解,有助于围绕监狱的耐力、生存和发展展开批判性研究议程,尽管有无可辩驳和压倒性的证据表明监狱是失败的。本文所做的分析应能鼓励英格兰和威尔士的学者、政策制定者、从业人员和政治家,以及那些同样利用现代化为监狱扩张辩护的司法管辖区的学者、政策制定者、从业人员和政治家,以更加批判的眼光看待监狱现代化背后的诉求。
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引用次数: 0
Book Review: Caged Emotions: Adaptation, Control and Solitude in Prison, Palgrave Studies in Prisons and Penology by Ben Laws 书评笼中情感:监狱中的适应、控制与孤独》,《帕尔格雷夫监狱与刑罚学研究》,本-劳斯著
Pub Date : 2024-02-08 DOI: 10.1177/14624745241229044
Elena Vasiliou
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引用次数: 0
Book Review: Caged Emotions: Adaptation, Control and Solitude in Prison, Palgrave Studies in Prisons and Penology by Ben Laws 书评笼中情感:监狱中的适应、控制与孤独》,《帕尔格雷夫监狱与刑罚学研究》,本-劳斯著
Pub Date : 2024-02-08 DOI: 10.1177/14624745241229044
Elena Vasiliou
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引用次数: 0
States of denial: Magdalene Laundries in twentieth-century Ireland 否认的状态:二十世纪爱尔兰的马格达林洗衣店
Pub Date : 2024-01-09 DOI: 10.1177/14624745231218470
Louise Brangan
On the first day at a Magdalene Laundry, women and girls who had been sent there had their hair cut off, their names replaced, and their possessions taken. In the days and weeks that followed, everything else was stripped from them. How do we make sense of this carceral regime? The new conceived wisdom is to describe Magdalene Laundries as places of containment and confinement, as tantamount to prisons. This paper suggests that Magdalene Laundries were far worse than the prison. I argue that rather than discuss Magdalene Laundries as sites of confinement, we should instead understand them as sites of erasure. That is because the pains of this form of detention were drawn not from the loss of liberty, but the loss of self. The article is based on 33 oral history interviews with women who survived Magdalene Laundries and archival research regarding the nuns and religious, who ran these institutions. We also learn that Magdalene Laundries were important social institutions that open a window onto Irish life in the twentieth century. Magdalene Laundries operated with an undiluted formula that all Irish citizens were expected to subscribe to: a culture of conformity that prided obedience, self-denial and moral purity.
在马格达林洗衣店的第一天,被送到那里的妇女和女孩被剪掉了头发,名字被换掉,财产被拿走。在接下来的几天和几周里,她们的一切都被剥夺了。我们如何理解这种囚禁制度?新的智慧是将马格达林洗衣店描述为封闭和禁闭的场所,等同于监狱。本文认为,马格达林洗衣店比监狱糟糕得多。我认为,与其将马格达林洗衣店作为禁锢之地来讨论,不如将其理解为抹杀之地。这是因为,这种形式的拘留所带来的痛苦并非来自自由的丧失,而是自我的丧失。这篇文章基于对马格达林洗衣店幸存妇女的 33 次口述历史访谈,以及对管理这些机构的修女和宗教人士的档案研究。我们还了解到,马格达林洗衣店是重要的社会机构,为我们打开了一扇了解二十世纪爱尔兰生活的窗口。马格达林洗衣店的运作模式是所有爱尔兰公民都应遵守的:一种以服从、克己和道德纯洁为荣的合规文化。
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引用次数: 0
The monster and the self: Taking on the monstrosity of sexual violations 怪物与自我面对性侵犯的畸形行为
Pub Date : 2024-01-03 DOI: 10.1177/14624745231221933
Anja Emilie Kruse, May-Len Skilbrei
The contemporary normative climate regarding sexual violence affects how perpetrators of such violence relate to their harmful acts. In this article, we analyze how men convicted of sex offences are affected by how perpetrators of such offences are often represented as monsters and ask what this tells us about what characterizes the Monster as a figure. While people convicted of sexual offences are likened to monsters in many contexts, there is little research that unpacks the characteristics of this figure and how it is contingent on ideas about and the regulation of sex offending. By analyzing data from qualitative interviews with 17 men convicted of sexual offences in Norway, we found that, although they presented themselves and the acts they were convicted of committing differently, they had a common fear of being identified as a monster. In these narratives, a monster was characterized by (1) intentionality—having intentionally harmed others, (2) preference—having a sexual preference for harmful, nonconsensual sex, and (3) authenticity—being authentically violent. We conceive of the narrative processes that the participants engage in as forms of social abjection and discuss the consequences that abjection may have for accountability, rehabilitation, and justice.
当代有关性暴力的规范氛围影响着性暴力实施者与其有害行为的关系。在本文中,我们将分析被判定犯有性罪行的男性如何受到此类罪行的施暴者通常被描述为怪物的影响,并探讨这对我们了解怪物这一形象的特征有何启示。虽然在很多情况下,被判定犯有性犯罪的人都被比作怪物,但很少有研究能揭示这一形象的特征,以及它是如何与性犯罪的观念和监管相联系的。通过对挪威 17 名性犯罪罪犯的定性访谈数据进行分析,我们发现,尽管他们对自己的描述和被定罪的行为各有不同,但他们都有一个共同的恐惧,那就是害怕被认定为怪物。在这些叙述中,"怪物 "的特征是:(1)故意--蓄意伤害他人;(2)偏好--对有害的、未经同意的性行为有性偏好;(3)真实--具有真实的暴力倾向。我们将参与者的叙述过程视为社会排斥的形式,并讨论了这种排斥对问责、康复和正义可能产生的后果。
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引用次数: 0
Punishment is purple: The political economy of prison building 惩罚是紫色的:监狱建设的政治经济学
Pub Date : 2024-01-02 DOI: 10.1177/14624745231218521
John M Eason, Mary E Campbell, Benjamin Ghasemi, Eileen Huey
The United States is unique among rich countries in the world in its level of contemporary mass incarceration, a massive social change that has reshaped the nature of inequality and social mobility. We have more than tripled the number of prison facilities since 1970. Despite employing nearly 450,000 corrections officers, occupying a land mass of roughly 600 square miles, and costing conservatively $30 billion to build, this massive public works project has transformed the American countryside virtually unnoticed, with nearly 70% of U.S. facilities being built in rural communities. We suggest that mass incarceration—more than 2 million locked up annually—was not possible without the transformation of the American countryside through the prison boom—the increase from roughly 500 to nearly 1700 carceral facilities. There is a longstanding belief that the rural town leaders and politicians responsible for the prison boom are almost exclusively white, male, Republicans. We explore the political, social, and economic influences of prison building across states, regions, and cities/towns. Using multilevel modeling, we find that racial and economic disadvantage predicts prison building in towns, and party affiliation of state legislatures predicts prison building across different periods of the prison boom. While others find a link between Republican Party strength in state legislatures and mass incarceration, our findings suggest that prison building, like other types of punishment, results from bipartisan political support for the state's ability to punish. We conclude by advancing an expanded theoretical approach to the prison boom.
美国当代大规模监禁的程度在世界上富裕国家中独一无二,这一巨大的社会变革重塑了不平等和社会流动性的本质。自1970年以来,我们的监狱设施数量增加了两倍多。尽管雇佣了近 45 万名惩教人员,占地约 600 平方英里,建造成本保守估计为 300 亿美元,但这一大规模的公共工程几乎在不知不觉中改变了美国的乡村,近 70% 的美国监狱设施建在乡村社区。我们认为,如果没有监狱热潮对美国乡村的改造--监狱设施从大约 500 个增加到近 1700 个,大规模监禁--每年 200 多万人被监禁--是不可能实现的。长期以来,人们一直认为,对监狱热潮负有责任的农村城镇领导人和政治家几乎都是白人、男性和共和党人。我们探讨了监狱建设在各州、地区和城镇中的政治、社会和经济影响。通过多层次建模,我们发现种族和经济劣势预示着城镇的监狱建设,而州立法机构的党派关系则预示着监狱建设在监狱建设热潮不同时期的情况。其他研究发现共和党在州议会中的力量与大规模监禁之间存在联系,而我们的研究结果表明,监狱建设与其他类型的惩罚一样,是两党对国家惩罚能力的政治支持的结果。最后,我们提出了监狱繁荣的扩展理论方法。
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引用次数: 0
Border control within Spanish prisons? Intersections between immigration control and imprisonment at the southern border of Europe 西班牙监狱的边境管制?欧洲南部边境的移民控制与监禁之间的交集
Pub Date : 2024-01-02 DOI: 10.1177/14624745231224163
Cristina Güerri
Recent scholarship has highlighted that, for many foreign nationals, Western European prisons function as 'places of crimmigration' where non-citizens are over-represented, often excluded from rehabilitation efforts, sometimes held in segregated prisons, and where it is common for incarceration to lead to deportation. However, this literature has mainly focused on north-western European countries and has neglected countries on the EU's southern border, where different dynamics may be at work. This research aims to provide a broader understanding of how border control shapes imprisonment in Western European prisons by including Spain, a Southern European country, in the picture. To this end, this article examines prison regulations on foreign inmates and original statistics on their release and expulsion from prison. In doing so, this paper demonstrates that the aims of border control have permeated Spanish prisons, making imprisonment into an exclusionary punishment for certain non-citizens and introducing a new role for prison staff. The findings of this study also indicate that expulsions are used selectively on a small proportion of incarcerated noncitizens. This result is consistent with previous research suggesting a discrepancy between crimmigration discourse and practice, while also revealing the existence of hierarchies of belonging.
最近的学术研究强调,对许多外国公民来说,西欧监狱是 "犯罪移民的地方",在那里,非公民的比例过高,往往被排除在改造努力之外,有时被关押在隔离的监狱中,监禁导致驱逐出境也很常见。然而,这些文献主要集中在西北欧国家,而忽视了欧盟南部边境国家,因为那里可能有不同的动态因素在起作用。本研究旨在通过将南欧国家西班牙纳入研究范围,更广泛地了解边境管制如何影响西欧监狱的监禁情况。为此,本文研究了监狱对外籍囚犯的管理条例,以及关于外籍囚犯获释和被驱逐出监狱的原始统计数据。在此过程中,本文表明边境管制的目的已经渗透到西班牙监狱中,使监禁成为对某些非公民的排斥性惩罚,并为监狱工作人员引入了新的角色。本研究的结果还表明,对一小部分被监禁的非公民选择性地使用了驱逐手段。这一结果与之前的研究相一致,表明犯罪移民的言论与实践之间存在差异,同时也揭示了归属等级的存在。
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引用次数: 0
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