VI Jornada d'activitat física i esport als centres penitenciaris. Open prisons, l'experiència danesa.
Centre d'Estudis Jurídics i Formació Especialitzada, 16 d'octubre de 2014
VI Jornada d'activitat física i esport als centres penitenciaris. Open prisons, l'experiència danesa.
Centre d'Estudis Jurídics i Formació Especialitzada, 16 d'octubre de 2014
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
Prison Reform
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
Prison Reform
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
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Engaging prisoners in education: Reducing risk and recidivismHelen Farley
Engaging prisoners in education is one of range of measures that could alleviate risk in prisons. For prisoners, the main challenge with incarceration is monotony, often leading to frustration, raising the risk of injury for staff and other prisoners. This article investigates how prisoner engagement in education can help alleviate risk in prisons through relieving monotony and by promoting critical thinking skills. It concludes by exploring projects undertaken in Australia and the UK to introduce digital technologies into prisons to allow access to higher education. This increased access to learning could help realize the benefits of reduced risk and decreased recidivism rates.
DETENTION is the part of corrections that takes place before.docxkhenry4
DETENTION: is the part of corrections that takes place before trial and the jail is the entry
point into the correctional system. The Jail is the oldest correctional facility. The local or
county sheriff typically operates it. American jails today are quite diversified. They may be
small, large, rural or urban; some are one-tiered, multi-tiered, with all sorts of custody levels.
REGIONAL JAIL is a facility operated under a joint agreement by two or more government
units with a jail board made up of representatives from participating jurisdictions. The jail board
has the authority over policy, budget, operations, and personnel.
LOCKUP is a holding cell that is usually in or adjacent to a police station. A lockup is only
used for temporary housing only; 24 hours or less and pending a transfer to another facility or
release.
PATHS THROUGH THE JAIL
1. Arrest and booking procedures
2. Placement in an individual cell or group holding area ("bullpen")
3. Arraignment and other court action
4. Classification: formal process used to manage the inmate population. It is a method
which objective, consistent decisions are made for inmate housing, treatment needs, work
assignments, and programs.
5. Housing Assignment: after the classification process, an inmate is assigned to a
particular housing area. This housing area, or living space, will be minimum, medium, or
maximum custody. An inmate may also be housed on administrative segregation. A
review of the inmate's current charge/conviction(s), past criminal record, history of
assaultiveness/violence, mental health, medical screening, substance abuse histories, and
other personal data, will determine his custody level. The more dangerous and risk an
inmate is, the higher the custody level. For example, minimum custody is for those
inmates who pose the least security and safety risk to the institution and other persons.
Maximum custody inmates are those that pose a high security and safety risk to the
institution and others.
6. Administrative segregation: special housing for those inmates who:
a. Cannot get along with other inmates in the general population
b. Continually violate the rules of the jail
c. Are extremely violent or dangerous and pose an extreme safety and serious threat
to the operation of the facility
d. Require protective custody
7. Protective Custody: Involves the separation from the general population of those
inmates requiring or requesting protection from other inmates for safety reasons.
8. Programs: various programs and recreation are available for inmates in a jail. Examples
include: educational, religious, G.E.D., Life Skills, Visitation of Friends/Relatives,
Health Classes, Work Force/Trusty, and Drug Education.
9. Release from custody or transfer to another facility
JAIL DESIGNS/TYPES
1. First-generation: these are the oldest types; often featured multi-person cells arranged
in long .
REFORMATION OF PRISONERS UNDER CRIMINAL JUSTICE DELIVERY SYSTEM.pptxNAVINYAKAMBLE1
Published work discusses about the reformatory rights of prisoners provided at the International scenario and Indian scenario. Also formulates its correlation between criminal justice delivery system and prisoner rights. Published work provides you with the reforms done in the jurisdiction of UK, USA for the benefit of prisoners by improving facilities for them in the justice delivery system. Authors, Asmita Mishra and Navinya Kamble had jotted down almost all the epitome of knowledge in this work.
Presentation by I.Kronberga, PROVIDUS reseracher, in Criminology Conference on Crime and Punishment in the Baltic Region, which was held from October 21-23, 2011 in Vilnius.
The conference was organised by the Lithuanian Society of Criminology together with the University of Vilnius, Institute of Law and the Centre Crime Prevention in Lithuania.
PROVIDUS pētnieces I.Kronbergas prezentācija Baltijas kriminologu konferencē, kas norisinājās 2010.gada 21.-23.okotbrī Viļņā.
Konferenci organizēja Lietuvas kriminologu sabiedrība kopā ar Viļņas Universitāti, Tiesību institūtu un Lietuvas Noziegumu prevencijas centru.
The route to success in end of life care - achieving quality in prisons and for prisoners
13 September 2011 - National End of Life Care Programme
This practical guide aims to support prison, health and social care professionals in delivering high quality end of life care to prisoners.
The guide follows the six steps of the end of life care pathway, beginning with initiating discussions as end of life approaches and concluding with care after death.
Publication by the National End of Life Programme which became part of NHS Improving Quality in May 2013
250 words each QuestionQuestion 1. Fundamentally jails and pr.docxvickeryr87
250 words each Question
Question 1. Fundamentally jails and prisons are the same in that most are secure facilities that house individuals who are thought to have committed a crime or convicted of a crime. Locally, most jails are county jails with some municipalities having a jail as well. Prisons are state or federal facilities. While jails and prisons are similar, their purposes differ significantly.
Local jails house individuals arrested for committing a crime(s). They are transported to jail by an area law enforcement agency where they are booked and confined in lieu of a bond. Just about all those arrested are allowed to post bail while some of the more serious offenders and those unable to post a bond must go before a judge for arraignment within a determinant amount of time typically 48 hours. During the appearance, the judge will advise the offender of the charges they are accused of and those that do not have a bond will be provided one by the judge. Those that have the ability to post bail will do so while those that cannot stay in jail awaiting trial. Local jails are meant to house individuals who are awaiting trial or are serving a short sentence that does not require incarceration in prison. There are many more people in prisons on any given day, but there are 18 times more individuals that pass-through jails in a year’s time Copp and Bales (2018). With an often-changing population, jails are routinely faced with issues that most prisons are not. Jails are faced with transporting those incarcerated to and from court proceedings, medical facilities, and assessing new arrivals on a moment’s notice. Jails have programs aimed at addressing an inmate’s needs, but most are not very extensive due to the relatively short stay. Pretrial incarceration is often thought unfair as those without the means to post a bond remain in jail awaiting trial while those with money are released pretrial after posting a bond.
Prisons are either state or federal. They house individuals who have been convicted of a crime that is worthy of the punishment of imprisonment usually longer than a year. Offenders are delivered to prison after conviction and sentencing by a court. State prisons house those convicted of state crimes in state courts while federal prisons house federal prisoners sentenced in federal courts. Prisons consist of the most secure maximum-security federal prison to a relatively insecure state facility that houses nonviolent prisoners that are nearing the end of their sentence. Prisons are better able to assess the individual needs of an inmate and then provide programs that are aimed at rehabilitation primarily because of the longer term of incarceration. Over the years, prisons have evolved from establishments of punishment to institutions with an investment in programming relating to academics and reentry Phelps (2011). Prison employees consist of correctional officers tasked with overseeing the daily activities of the inmates to pr.
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2. AIMS OF
PUNISHMENT
• Retributivism: offender is an autonomous individual
who should be treated with respect of Punishment is in
deprivation of liberty, not ill-treatment
• Utilitarianism: positive aspects of prison can improve
rehabilitative function
• Rehabilitation: prisoners' rights must be respected
3. PURPOSES
OF
IMPRISON
MENT
• Jack Straw (SSJ in 2008): "Prisons are, as they should be, first and
foremost places of punishment, primarily through the deprivation of
liberty but also through a regime behind bars which is tough and fair" o
But also recognised that they must allow for "reformed behaviour and
rehabilitation"
• Prison Service Statement of Purpose (1988) o Serves the public "by
keeping in custody those committed by the courts" o Duty is to "look
after them with humanity and help them to lead a law abiding life in
prison and on release"Woolf Report: need to strike a balance between
security, control and justice o Justice is often displaced by a focus on
control and security 'Decency' agenda (1999) o "caring for and treating
with respect everybody in the Service's care"
• National Offender Management Service (NOMS) o Prison Service
became part of NOMS in 2004 after the Carter Review o NOMS became
part of the MoJ in 2007 o NOMS
• Statement of Purpose: "commission and provide offender management
services … ensuring best value for money"
Aim to protect the public and reduce reoffending while supporting
rehabilitation Prison Rule 3: conduct training and treatment to
encourage and assist prisoners to lead a "good and useful life"
4. CURRENT
PRISON
STATE
Increased demand over the years has led to prison building o 21 new prions opened between
1980 and 1996 o 20,000 new places from 1997 to 2010 Increased use of private prisons Now,
approximately 120 prisons and 13 private prisons o 84,078 prisoners o 12 women's prisons (might
have baby units for children up to 2 years of age)
Since there are so few, likely to be further from home Not all prisons are purpose-built o
Includes converted houses, military camps and other buildings Closure of small, expensive
prisons o Clustering of prisons into a single area/compound so as to reduce spending
Reduced costs for separate management staff and services
BUT harder to manage since they are largerTypes of prisons o Local prisons
In towns and cities
Usually used for remand prisons or for temporary purposes
Post-sentence for assessment before transfer to a training prison
Possibly for short sentences and those at the end of sentences
Usually have the worst over-crowding and worst conditions
Includes some core local prisons with high security (e.g. Belmarsh) oTraining prisons
Might be closed or open
Includes specialist prisons (e.g. therapeutic prisons like Grendon)
Open training prisons are used for Cat D prisoners
Allows prisoners to work in prison or in the local community
Ford Open Prison riots in 2011 o Buildings set alight and damage inflicted oVulnerable
Prisoners' Units
For vulnerable prisoners (e.g. sex offenders) who might be assaulted by other prisoners o Close
Supervision Centres (CSC)
In High Security prisons
For severely disruptive or violent prisoners
More time spent locked up and strictly structured regime o Protected Witness Units Cost of
prison o Approximately £37,000 per place o For Oakwood (new prison), average cost of £13,000 -
£16,000 per prisoner
Private prison run by G4S, originally meant to be a "titan" prison
5. CATEGORISATION
OF PRISONERS
• Categorisation is governed by the National Security Framework
• Prisoners should be placed in the lowest category consistent with the need for
security and control o Categorisation takes into account current sentence as well as
previous convictions and escapes (or escape attempts) o Categorisation is reviewed
regularly (yearly) on the basis of risk of danger to the public and risk of escape 4 main
categories used for adult male prisoners oYoung adult offenders and women
offenders are classified as Cat A or restricted or suitable for open conditions Category
A o Prisoners whose escape would be highly dangerous to the public or police or the
security of the state o Decisions regarding Cat A prisoners are made by a Category A
Committee at NOMS Headquarters, whereas other prisoners are dealt with by the
Governor o Sub-classification
Standard
High risk: e.g. members of gangs with access to resources for escape
Exceptional risk: have the skills, resources and determination to escape
Held in special security units o More likely to be transferred between prisons
This makes it difficult for them to complete educational or offending behaviour
courses, which in turn affects their chances of reclassification o Sent to high-security
prisons
Currently 8 high security prisons
More stringent measures (e.g. electronic surveillances, searching of inmates and
visitors, higher levels of staffing)
Reasonable conditions for those with longer sentences
Education and work opportunities o Some might be dispersed amongst Cat B
prisoners in high-security prisons
Radzinowicz: recommended avoiding creating a "no hope" climate in purely Cat A
prisons o R (P) v SSHD (2002): elderly and ill prisoner placed in Cat
6. • A
Unlikely to escape but if he did would be highly
dangerous
Court: prison service could make escape virtually
impossible for highly dangerous prisoners but should
consider individual cases Category B o Escape must be
made very difficult for them, but the maximum
security conditions are not required o Might remain in
local prisons for short sentences or be sent to
highsecurity or closed training prisons Category C o
Cannot be trusted in open conditions o But unlikely to
make a determined escape attempt, so not Cat B o
Sent to closed training prisons Category D oTrusted in
open conditions o Likely to comply with conditions as
they want to be released o Might be sent to a
resettlement prison shortly before release
7. PRISON
CONDITIONS
• Woolf Report (1991) o Result of the Strangeways Prison Riot in 1990
25 day riot causing 1 death and many injuries as well as £55 million
of damage to the prison
Led to further riots in other prisons andYoung Offenders
Institutions o Report found that the prisoners had legitimate
grievances and recommended major reform of the system
Regimes were impoverished with little access to education and
work
Staff had a culture of indifference while the prisoners felt unfairly
treated o Feeling of injustice played a more significant role than
overcrowding o Recommendations
Give reasons for decisions and improve legitimacy
Have a proper and fair grievance and disciplinary procedure
Prisoners should not be made to share cells
There should be adequate sanitation and hygiene standards o Well
received by government and prison reformers
Immediate improvements in access to phones, visiting
arrangements and prison conditions
National operating standards introduced in 1994 but since
overtaken by Key Performance Indicator Targets
Reform of the Prison Rules in 1999
Improved end-to-end management
8. • Personal Officer assigned to prisoners
Sentence planning to make the best use of the time in prison
More cooperation between Prison and Probation Service
Appointment of Ombudsman in 1994 as means of appeal against
decisions in disciplinary hearings (also covers immigration detention,
prison conditions, deaths in custody, treatment by officers etc.)
Can make non-binding report and recommendations which are
usually accepted
However, the internal procedures in prison must be exhausted first
o BUT some aspects not implemented
Use of small community prisons nearer to the prisoners' homes
Balance of security, control and justice
Greater emphasis on security after several escapes in mid1990s
Prisons still face problems of poor physical conditions and staff
relations
Insufficient work provision Prisons governed by Prison Rules 1999 o
Frequently updated and amended o Generally, prison conditions
have improved but are still worse off than the Netherlands (Easton,
2011) Prison league tables o Rank prisons on their performance
based on key performance indicator targets o By forcing prisons to
compete for contracts, intended to drive up standards and penalise
poor performance
9. WORK
• Allows prisoner to find relief from boredom and acquire
skills/income
Helps the prison to keep prisoners occupied and ease their
transition back into society (strong correlation between
reoffending and unemployment) oThere are usually insufficient
work opportunities and not all offenders are suitable for all jobs
Availability of work can depend greatly on the specific prison o
Woolf Report: prisoners should be allowed to work in areas
which fit their abilities
This would allow them to be more constructive and also better
prepare them for release oTime spent out of the cell used to be a
KPITarget but not since 2004
2011: the average time spent out of cells was 7-9 hours (for
adult men) oWages
In prison, the minimum rate is £4 per week and schemes are set
by governors (or directors of private prisons) at an average of £9
If prisoners work for external employers, National Minimum
Wage applies
Mostly prisoners in open prisons near the end of their sentence
Prisoners' Earnings Act 1996
10. • Allows deductions from prisoners' wages to make reparations to victims (if they
are on enhanced wages)Training Programmes o Constructive regimes make
custody more tolerable (Trebilcock, 2011) oWork and education both help
reintegration o Prisoners may not remain in the same institution long enough to
benefit from programmes (if they get transferred out) oThere are also insufficient
courses o ISSUE: if completion of a rehabilitation programme is a key factor in
parole decisions, depriving prisoners of the opportunity to complete one might be
unlawful
SSJ v James [2009] UKHL 22
No infringement ofArt 5 although it was irrational not to provide adequate
resources for requisite courses
Agreed that SSJ had breached his public law duties, but that didn't make the
detention unlawful (so no release) Education o Prison Rule 32(1): every prisoner
"able to profit from the educational facilities at a prison shall be encouraged to do
so"
Reasonable facilities should be provided, including libraries o But classes might
be disrupted by other activities and not all prisoners are motivated Incentives and
Earned Privileges Scheme o Set up in 1995 under Prison Rule 8 o Privileges earned
by good behaviour or performance
• Focuses on earned privileges rather than rights or legitimate expectations o Could
be viewed as an informal means of discipline Healthcare o Responsibility for
healthcare transferred to NHS o BUT mental healthcare isn't as effectively dealt
with
Prevalence of self-harm remains high and not all cases are investigated
11. OVERCROWDING
• Usually measured by comparing actual numbers with Certified
Normal Accommodation o CNA is the uncrowded capacity
calculated for the prison Overcrowding declined in the 1990s
during the prison building programme but has been increasing in
recent years
• Due to lack of accommodation
• Also affected by inflexibility of use: prisons might be too
specialised for transfers o IPP prisoners and whole life prisoners
are a problem since it is difficult for them to get out (or
impossible for the latter)
• Not only contribute to overcrowding, but might also refuse to
participate in rehabilitation and other programmes: have
nothing to lose
• Carter Review (2007) proposed the creation of "Titan" prisons to
allow flexibility in allocation as well as economies of scale o BUT
costs of setting up the prisons were prohibitive In 2011, 24% of
prisoners were held in cells designed for fewer prisoners o
Generally worse in local prisons (especially for remand prisons)
Measures o End of Custody Licence (ECL)
12. • Rationale o Reduce cost and improve standards/innovation by introducing
competition ISSUES o Some argued that the field could easily be
dominated by one or a few companies
• Serco, G4S and Kalyx o Genders and Player (2007): Interests of the
company and shareholders (reducing costs to maximise profits) might
conflict with prisoners' rights and interests o Barak-Ezez (2011):
• punishment should exclusively be the prerogative of the State, private
companies have no right to punish offenders
• Is it enough that the State is responsible for overseeing the prison?
• James (1997): compared Wolds (first private prison) andWoodhill (new
public prison), as well as some other prisons o Found that the new public
sector prisons were run in a similar manner to private prisons (possibly due
to New Managerialism) o Conditions were generally better at newer
prison, whether public or privat
13. HUMAN
RIGHTS
• Importance o Fairness and justice o Reduce dissatisfaction - easier to
manage o Improve legitimacy Sources o Universal Declaration on Human
Rights, ICCPR and ECHR
• Judicial review and challenges in the ECtHR o European Prison Rules o
Inspections by the European Committee for the Prevention ofTorture o
UK signed Optional Protocol to the Convention againstTorture
• Must establish a National Preventive Mechanism which makes regular
visits to prisons and other detention institutions ECHR oArt 3: torture and
CIDT
• Also used to challenge full body searches ofArt 6: access to courts
• Also used to challenge conduct of disciplinary hearings o Art 8: respect for
private and family life
• Used to challenge interference with visits and correspondence
14. • Used in Szuluk v UK (2009) to assert the right to correspond with a medical specialist of Art 12:
right to marry
• Used to secure temporary release for marriage (Hamer v UK [1979]) or allow marriage within the
prison if security concerns apply oVery different rights-based approach whereas the prisons
traditionally apply a privileges approach o HRA 1998
• Incorporates the ECHR rights into domestic law
• Made it easier for prisoners to assert their rights
• S6: public authorities must act compatibly
• Includes private companies acting in areas which were previously in the public sector (i.e. covers
private prisons as well) o R v Parole Board ex p Smith [2005] UKHL 1