Pub Date : 2023-10-17DOI: 10.1177/14624745231208177
Judah Oudshoorn
One of the central concerns of abolitionists is not falling into the trap of implementing reforms in the criminal punishment system that maintains hegemonic, oppressive power structures. The challenge is determining which reforms lead toward abolition and which are reformist reforms, entrenching the status quo. This critical, narrative study analyzed a reform in Canada, Section 718.2(e) of the Criminal Code (e.g., Gladue), intended to remediate systemic anti-Indigenous racism at sentencing by requiring judges to consider all alternatives to incarceration when sentencing Indigenous peoples. Yet despite the reform in place, Indigenous incarceration rates continue to rise precipitously in Canada. How is it that the Canadian state, even when claiming “remediation,” keeps producing the same—oppressive—result toward Indigenous peoples? Twenty-one semi-structured interviews were conducted with judges from the Ontario Court of Justice ( n = 12) and Gladue report writers ( n = 9) about the utility of Gladue reports. The findings indicate that Gladue is mostly a reformist reform. The article theorizes that a way out of the reformist reform of Gladue, toward abolition, is through honoring Indigenous self-determination and providing reparations in support of Indigenous-led justice.
{"title":"Theorizing a way out of reformist reforms: Gladue reports and penal abolition","authors":"Judah Oudshoorn","doi":"10.1177/14624745231208177","DOIUrl":"https://doi.org/10.1177/14624745231208177","url":null,"abstract":"One of the central concerns of abolitionists is not falling into the trap of implementing reforms in the criminal punishment system that maintains hegemonic, oppressive power structures. The challenge is determining which reforms lead toward abolition and which are reformist reforms, entrenching the status quo. This critical, narrative study analyzed a reform in Canada, Section 718.2(e) of the Criminal Code (e.g., Gladue), intended to remediate systemic anti-Indigenous racism at sentencing by requiring judges to consider all alternatives to incarceration when sentencing Indigenous peoples. Yet despite the reform in place, Indigenous incarceration rates continue to rise precipitously in Canada. How is it that the Canadian state, even when claiming “remediation,” keeps producing the same—oppressive—result toward Indigenous peoples? Twenty-one semi-structured interviews were conducted with judges from the Ontario Court of Justice ( n = 12) and Gladue report writers ( n = 9) about the utility of Gladue reports. The findings indicate that Gladue is mostly a reformist reform. The article theorizes that a way out of the reformist reform of Gladue, toward abolition, is through honoring Indigenous self-determination and providing reparations in support of Indigenous-led justice.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135993986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-17DOI: 10.1177/14624745231208183
Allely Albert
Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically associated with reentry, contributing to a “strength-based” approach to desistance, impacting factors such as employment, social bonds, internal narratives, and agency. This work also enables individuals to showcase their desistance to others, highlighting their “earned redemption” and encouraging society to acknowledge that reentry is a two-way street.
{"title":"“Social workers by day and terrorists by night?” Wounded healers, restorative justice, and ex-prisoner reentry","authors":"Allely Albert","doi":"10.1177/14624745231208183","DOIUrl":"https://doi.org/10.1177/14624745231208183","url":null,"abstract":"Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically associated with reentry, contributing to a “strength-based” approach to desistance, impacting factors such as employment, social bonds, internal narratives, and agency. This work also enables individuals to showcase their desistance to others, highlighting their “earned redemption” and encouraging society to acknowledge that reentry is a two-way street.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135943942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-17DOI: 10.1177/14624745231208178
Mari Todd-Kvam
{"title":"Book review: <i>Forensic Psychologists: Prisons, Power and Vulnerability</i> by Jason Warr","authors":"Mari Todd-Kvam","doi":"10.1177/14624745231208178","DOIUrl":"https://doi.org/10.1177/14624745231208178","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135994062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.1177/14624745231208184
Peter S. Lehmann
{"title":"Book review: <i>Seeing Justice Done: The Age of Spectacular Capital Punishment in France</i> by Paul Friedland","authors":"Peter S. Lehmann","doi":"10.1177/14624745231208184","DOIUrl":"https://doi.org/10.1177/14624745231208184","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136014409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-28DOI: 10.1177/14624745231203961
Sylvia Koffeld-Hamidane, Marguerite Schinkel, Ellen Andvig, Bengt Karlsson
The transition from prison to society tends to be tough and painful for people in resettlement and challenging to facilitate for professionals. The Norwegian Correctional Services aim for a continuous reentry focus throughout the prison sentence. Norway has been presented as one of the Nordic exceptional penal states, partly based on ‘the encouraging pattern of officer-inmate interactions’. However, this exceptional picture has been criticized for paying more attention to discourse than to lived experiences. As newly released persons’ experiences of interaction and relationships with staff and of how these facilitate and frustrate their reentry processes have largely been ignored, this article draws attention to their perspectives. Inspired by narrative analysis, in cooperation with persons with lived experience, we constructed three stories of challenges and support during resettlement. Through these in-depth presentations of frustrating misrecognition, ignorance and fragmentation, but also of closeness, continuity, recognition, belonging and de-stigmatization, this study provides important insights into how interaction and relationships with staff enable and constrain reentry to society. By bringing lived experience into the discourse of Nordic exceptionalism, this article adds valuable perspectives to this still ongoing debate. Overall, we argue for a revitalization of the primary officer role and a broader approach to resettlement to facilitate support throughout the prison sentence.
{"title":"Nuances of fragmentation, (mis)recognition and closeness: Narratives of challenges and support during resettlement","authors":"Sylvia Koffeld-Hamidane, Marguerite Schinkel, Ellen Andvig, Bengt Karlsson","doi":"10.1177/14624745231203961","DOIUrl":"https://doi.org/10.1177/14624745231203961","url":null,"abstract":"The transition from prison to society tends to be tough and painful for people in resettlement and challenging to facilitate for professionals. The Norwegian Correctional Services aim for a continuous reentry focus throughout the prison sentence. Norway has been presented as one of the Nordic exceptional penal states, partly based on ‘the encouraging pattern of officer-inmate interactions’. However, this exceptional picture has been criticized for paying more attention to discourse than to lived experiences. As newly released persons’ experiences of interaction and relationships with staff and of how these facilitate and frustrate their reentry processes have largely been ignored, this article draws attention to their perspectives. Inspired by narrative analysis, in cooperation with persons with lived experience, we constructed three stories of challenges and support during resettlement. Through these in-depth presentations of frustrating misrecognition, ignorance and fragmentation, but also of closeness, continuity, recognition, belonging and de-stigmatization, this study provides important insights into how interaction and relationships with staff enable and constrain reentry to society. By bringing lived experience into the discourse of Nordic exceptionalism, this article adds valuable perspectives to this still ongoing debate. Overall, we argue for a revitalization of the primary officer role and a broader approach to resettlement to facilitate support throughout the prison sentence.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135343818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-20DOI: 10.1177/14624745231200787
Simon Wallace
This article investigates who counts as dangerous for immigration control purposes and how states spot and monitor purportedly dangerous people for immigration enforcement measures. By examining Canadian immigration detention law and practice during the early months of the COVID-19 pandemic, the study finds that nearly all danger-based immigration detentions targeted long-term Canadian residents who had typically lost permanent legal status following a criminal conviction. The article argues that a core function of immigration enforcement processes is the removal of supposedly undesirable persons from society and that danger-based detentions are used primarily for post-admission migration control. Furthermore, the study reveals that the surveillance and policing of dangerous individuals largely relies on external police agencies, with immigration officials rarely initiating or managing their own investigations. The findings from this research contribute to the growing body of literature on the overlap between criminal law and immigration law and shows that—in the context of danger-based immigration detention—immigration authorities do not initiate their own investigations, but depend almost exclusively on the work of criminal police forces.
{"title":"The next jailor: An empirical study of danger to the public immigration detentions in Canada (summer 2021)","authors":"Simon Wallace","doi":"10.1177/14624745231200787","DOIUrl":"https://doi.org/10.1177/14624745231200787","url":null,"abstract":"This article investigates who counts as dangerous for immigration control purposes and how states spot and monitor purportedly dangerous people for immigration enforcement measures. By examining Canadian immigration detention law and practice during the early months of the COVID-19 pandemic, the study finds that nearly all danger-based immigration detentions targeted long-term Canadian residents who had typically lost permanent legal status following a criminal conviction. The article argues that a core function of immigration enforcement processes is the removal of supposedly undesirable persons from society and that danger-based detentions are used primarily for post-admission migration control. Furthermore, the study reveals that the surveillance and policing of dangerous individuals largely relies on external police agencies, with immigration officials rarely initiating or managing their own investigations. The findings from this research contribute to the growing body of literature on the overlap between criminal law and immigration law and shows that—in the context of danger-based immigration detention—immigration authorities do not initiate their own investigations, but depend almost exclusively on the work of criminal police forces.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136312787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01Epub Date: 2022-03-11DOI: 10.1177/14624745221087058
Tait Sanders, Jessica Gildersleeve, Sherree Halliwell, Carol du Plessis, Kirsty A Clark, Jaclyn Mw Hughto, Amy B Mullens, Tania M Phillips, Kirstie Daken, Annette Brömdal
Most incarceration settings around the world are governed by strong cisnormative policies, architectures, and social expectations that segregate according to a person's legal gender (i.e. male or female). This paper draws on the lived experiences of 24 formerly incarcerated trans women in Australia and the U.S. to elucidate the way in which the prison functions according to Lucas Crawford's theory of trans architecture, alongside Jacques Derrida's notion of archive fever. The paper displays how the cisnormative archive of the justice system and its architectural constructs impact trans women in men's incarceration settings, including how trans women entering the incarceration setting are able to embody gender in a way that is not reified by the insistences of those normative structures. In light of this, this paper advances a theoretical understanding of the prison as an archive and as an architectural construct, providing a new means of understanding how incarcerated trans persons may use and perform gender to survive carceral violence.
{"title":"Trans architecture and the prison as archive: \"don't be a queen and you won't be arrested\".","authors":"Tait Sanders, Jessica Gildersleeve, Sherree Halliwell, Carol du Plessis, Kirsty A Clark, Jaclyn Mw Hughto, Amy B Mullens, Tania M Phillips, Kirstie Daken, Annette Brömdal","doi":"10.1177/14624745221087058","DOIUrl":"10.1177/14624745221087058","url":null,"abstract":"<p><p>Most incarceration settings around the world are governed by strong cisnormative policies, architectures, and social expectations that segregate according to a person's legal gender (i.e. male or female). This paper draws on the lived experiences of 24 formerly incarcerated trans women in Australia and the U.S. to elucidate the way in which the prison functions according to Lucas Crawford's theory of trans architecture, alongside Jacques Derrida's notion of archive fever. The paper displays how the cisnormative archive of the justice system and its architectural constructs impact trans women in men's incarceration settings, including how trans women entering the incarceration setting are able to embody gender in a way that is not reified by the insistences of those normative structures. In light of this, this paper advances a theoretical understanding of the prison as an archive and as an architectural construct, providing a new means of understanding how incarcerated trans persons may use and perform gender to survive carceral violence.</p>","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"25 3","pages":"742-765"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10499469/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10305810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.1177/14624745221097367
Collins Ifeonu, Kevin D Haggerty, Sandra M Bucerius
In the last two decades, a body of critical scholarship has emerged accentuating the social and cultural importance of food in prison. This article employs a tripartite conceptual framework for contemplating and demarcating food's different valuations in prison. We draw from our interviews with over 500 incarcerated individuals to demonstrate how acquiring, trading, and preparing food is inscribed with use, exchange, and sign values. In doing so, we provide illustrative examples of how food informs processes of stratification, distinction, and violence in prison.
{"title":"Calories, commerce, and culture: The multiple valuations of food in prison.","authors":"Collins Ifeonu, Kevin D Haggerty, Sandra M Bucerius","doi":"10.1177/14624745221097367","DOIUrl":"https://doi.org/10.1177/14624745221097367","url":null,"abstract":"<p><p>In the last two decades, a body of critical scholarship has emerged accentuating the social and cultural importance of food in prison. This article employs a tripartite conceptual framework for contemplating and demarcating food's different valuations in prison. We draw from our interviews with over 500 incarcerated individuals to demonstrate how acquiring, trading, and preparing food is inscribed with use, exchange, and sign values. In doing so, we provide illustrative examples of how food informs processes of stratification, distinction, and violence in prison.</p>","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"25 3","pages":"665-682"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/b1/5f/10.1177_14624745221097367.PMC10273849.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10298496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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