Msc in Criminology and Criminal Justice

MSc in Criminology and Criminal Justice

MSc in Criminology and Criminal Justice Michaelmas Term 2016

Prisons

Dr Ines Hasselberg [email protected] ------This option runs on Wednesdays from 10:00 – 11.30pm in Seminar Room E, Manor Road Building.

Aims The prison is one of the most fundamental and yet controversial element of any nation’s criminal justice system. Despite academic and first-hand evidence pointing to a generalised failure of incarceration to stem crime or to reform criminals, for example, imprisonment continues to be viewed as the appropriate and necessary response to a wide range of illegal activity. More puzzling still, despite its economic and social costs, critical questions about the legitimacy of imprisonment are rarely posed.

By examining aspects of life behind bars as well as some of the justifications of imprisonment, this course will seek to understand the complex role played by the prison in contemporary society. Students will develop a critical understanding of the origins of the prison, of its daily practice and of how the growing recognition of priosners’ rights in national and international law has effected prison conditions and staff-prisoner relationships. Particular attention will be paid to the experience of women and ethnic minorities behind bars. Topics that will be considered will range from staffing to education as well as from how institutions deal with prisoners’ children to how they maintain order.

Schedule of Seminars

1. Why Prison? 2. How Can we Study and Understand Prison? 3. Life Behind Bars: The Sociology of Imprisonment 4. The Pains of Imprisonment: When Prisoners Don’t Cope 5. Prison Law and Human Rights 6. Maintaining Order: Rules, Regimes and Resistance 7. Current Challenges, Future Trends: Privatization, Globalization and Penal Moderation 8. Revisited: Why Prison?

Preparation for Class

Everyone should come to each seminar ready to engage in discussion and having done all the required reading. Most of the journal articles in the syllabus can be accessed on line. Copies of anything not online will be made available in red boxes marked ‘Prisons’ behind the desk of the Bodleian Social Science Library for you to photocopy. Please return the copy as soon as possible so as not to inconvenience your fellow students. Key texts, that we revisit, will be confined in the Bodleian Law and Social Science Libraries. You may find it easier to purchase copies of these books. The syllabus also lists additional readings for those who are particularly keen. You may wish to draw on them when writing your essay for the course. You can also refer to them in class.

The introductory paragraphs to the readings for each week provide a guide to the key issues you should be considering when you prepare for class. Further ‘discussion questions’ follow the reading. However, you should also formulate your own questions and opinions for class discussion. Anything that you do not understand can also be a subject for clarification and discussion in class. For those who wish to do some preparatory reading before the option begins, or who are considering writing their dissertation on a topic to do with punishment, please consult the list of preparatory reading below. Students should also keep abreast of recent work in criminology journals and official publications. Among the most useful are the Howard Journal of Criminal Justice, Criminology and Criminal Justice, the British Journal of Criminology, The Prison Journal, Punishment and Society, and Theoretical Criminology. They should also become familiar with Home Office, Prison Service and HM Chief Inspector of Prison publications, most of which are available on-line. A final place to look for recent applied prisons research is in the Prison Service Journal that is available online at http://www.hmprisonservice.gov.uk/resourcecentre/prisonservicejournal/

Preparatory Reading

As preparation for the course, please read Thomas Mathiesen’s (2013) ‘Foreward’ in David Scott’s edited book Why Prison. Available here: http://assets.cambridge.org/97811070/30749/frontmatter/9781107030749_frontmatter.pdf as well as Alison Liebling and Ben Crewe. (2012). ‘Prison life, penal power, and prison effects’. In M. Maguire et al (Eds.). The Oxford Handbook of Criminology. Fifth Edition. Oxford: Oxford University Press.

You might also want to read either one of Erwin James’ accounts of his life in prison, A Life in Inside or The Home Stretch, or if you want to learn about a man’s experience of life in prison in the USA Michael Santos’ Life Behind Bars. For an earlier account of a man’s life in prison see Jimmy Boyle’s (1984) The Pain of Confinement: Prison Diaries. Pan Books. For a woman’s memoir in the UK, see Ruth Wyner (2003). From the Inside, or Hilary Beauchamp (2010). Holloway Prison: An Inside Story. For women in the US see Erin George. (2010). A Woman Doing Life. OUP. Otherwise, look to the further reading for additional texts you could read in advance. If you notice any errors on the reading list or have any suggestions for further readings please let us know.

Ines Hasselberg

2 Week 1

SEMINAR 1: WHY PRISON? This seminar will introduce students to the key issues in prison studies, providing an overview of the contemporary prison system in England and Wales. We will use the readings to contextualise and conceptualise our discussions of the aims and nature of imprisonment, asking ‘Why prison?’

Theoretical Overview D. Scott. (2013). ‘Why Prison? Posing the Question,’ in D. Scott. (Ed.). Why Prison? Cambridge: Cambridge University Press. pp. 1 – 22. DiGiorgi, A. (2013). Prison and social structures in late capitalist societies. In D. Scott. (Ed.). Why Prison? Cambridge: Cambridge University Press. pp. 25 – 43. Kaufman, E. (2015). Chapter 1: “The Prison and the State” (pp.1-18) in Punish & Expel. Border Crontrol, Nationalism, and the New Purpuse of the Prison. Oxford: Oxford University Press. Liebling and Crewe (2012). ‘Prison Life, Penal Power, and Prison Effects’ in Maguire et al Oxford Handbook of Criminology, 5th edition, 895-923.

Legitimacy Carrabine, E. (2005). “Prison riots, social order and the problem of legitimacy’. British Journal of Criminology. 45(6): 896 – 913. Drake, D. (2011). The ‘dangerous other’ in maximum-security prisons.’ Criminology & Criminal Justice. 11(4): 367 – 382.

Statistical Context Stewart, D. (2008). “Summary” (pp. ii – iii). The Problems and Needs of newly sentenced prisoners. Ministry of Justice Research Series 16/08. Available at: http://www.justice.gov.uk/publications/docs/research-problems-needs- prisoners.pdf Ministry of Justice. (2014). Offender Management Statistics, Quarterly Bulletin, October to December and annual 2014. (UK) London: Ministry of Justice. Available at: https://www.gov.uk/government/statistics/offender- management-statistics-quarterly-october-to-december-2014-and-annual Walmsley, R. (2013). World Prison population List (tenth edition) http://www.prisonstudies.org/resources/world-prison-population-list-10th- edition

UK Policy Context: Liebling, Alison. (2006). “Prisons in Transition” in International Journal of Law and Psychiatry 29 (2006) 422 – 430. NOMS bussiness plan of 2014/15 https://www.gov.uk/government/uploads/system/uploads/attachment_data /file/302776/NOMS_Business_Plan_201415.pdf

Also look at: http://www.prisonreformtrust.org.uk

(Extra reading if interested: on US see Vera Institute 2006 report, Confronting Confinement. About prison violence in the US: http://www.vera.org/download?file=2845/Confronting_Confinement.pdf )

3 Week 1

Discussion Questions

1. What is the purpose of imprisonment? 2. Of what relevance is the history of imprisonment for understanding prisons today? 3. What key factors in the recent past have shaped current penal practice in England and Wales? 4. Who is in prison and why are they there? 5. What can we learn by examining the make-up of the prison population and penal estate? 6. What is the ‘decency agenda’? Is it possible to have ‘decent’ prisons? 7. What are some of the factors driving the current rates of incarceration? 8. Can prisons be legitimate? 9. Can prisons be decent? 10. How important are private prisons to the legitimacy and everyday workings of the current penal system in England and Wales?

Further Reading

Barton, A. (2005). Fragile Moralities and Dangerous Sexualities. Aldershot : Ashgate. Bell, E. (2013). The prison paradox in neo-liberal Britain. In D. Scott. (Ed.) Why prison ? Cambridge : Cambridge University Press. pp. 44 – 64. Bureau of Justice. (2014). Prisoners in 2013: Advance Counts. (USA). http://www.bjs.gov/index.cfm?ty=tp&tid=131 Campbell, B., McKeown, L. and O’Hagan, F (eds.) (1994) Nor Meekly Serve My Time: The H-Block Struggle 1976-1981, Belfast: Beyond the Pale Publications. Carlen, P. and A. Worrall. (2004). Analysing Women’s Imprisonment. Collumpton: Willan. Cavadino, P. and M. Dignan. (2006). Comparative Penal Systems. London: Sage. Chantraine, P. (2010). ‘French Prisons of Yesteryear and today: conflicting modernities’, Punishment & Society. 12(1): 27 – 46. Emsley, C. (2006). The Persistent Prison Problems, Images and Alternatives. London: Francis Boutle Publishers. Faulkner, D. (2007). “Prospects for progress in penal reform”, Criminology & Criminal Justice. 7(2): 135 – 152.. Foucault, M. (1975). ‘Panopticism’. Discipline and Punish. The Birth of the Prison. Penguin Books (pp. 195-228). HMCIP. (2006). Expectations. London: HMCIP. Available at: http://inspectorates.homeoffice.gov.uk/hmiprisons/docs/expectations06.pdf ?view=Binary Liebling, A. (2005). Prisons and their Moral Performance. Oxford: Clarendon Press. Liebling, A. and S. Maruna. (2005). The Effects of Imprisonment. Collumpton: Willan. Morgan, R. (2002). Imprisonment: A Brief History, The Contemporary Scene, and Likely Prospects. In M. Maguire et al. (Eds.). The Oxford Handbook of Criminology. Third Edition. Oxford: Oxford University Press.

4 Week 1

Prison Reform Trust. (2015). Bromley Briefings: Prison Fact File, Summer 2015. Available at: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Prison%20the% 20facts%20May%202015.pdf Prisoners’ information books available at www.hmprisonservice.gov.uk Sim. J. (2009). Chapter 1. Prisons, punishment and the state. London: Sage. pp. 1 – 12. Walmsley, R. (2013). World Female Imprisonment List. http://www.prisonstudies.org/resources/world-female-imprisonment-list- 2nd-edition Welch, M. (2009). Guantanamo Bay as a Foucauldian Phenomenon : An Analysis of Penal Discourse, Technologies, and Resistance. The Prison Journal. 89(1): 3 - 20.

5 Week 2

SEMINAR 2: HOW CAN WE STUDY AND UNDERSTAND PRISON?

This week’s readings will pay attention to the means by which information is gathered about imprisonment and the role of researchers in legitimating the practice of incarceration through their scholarship. Further we will look into how researchers negotiate access to data and to the ethical issues inherent to most criminological inquiry.

Conceptual overview Liebling, A. (2001). Whose Side are we on? Theory, practice and allegiances in prisons research. British Journal of Criminology. 41: 472-484.

Lenses of Prison Research Goffman, E. (1961). Introduction to Chapter I ‘On the characteristics of total institutions’. Asylums. Essays on the Social Situation of Mental Health Patients and Other Inmates. Penguin Books (pp.1-12) Liebling, A., Crewe, B. and Hulley, S. (2012) 'Conceptualising and Measuring the Quality of Prison Life', 2012 in D. Gadd, S. Karstedt and S. F. Messner (eds) The Sage Handbook of Criminological Research Methods, London: Sage Publishing. Martin, TM, A M. Jefferson & M Bandyopadhyay (2014). Sensing prison climates. Governance, survival, and transition. Focaal—Journal of Global and Historical Anthropology 68: 3–17

Doing Research in Prison Bosworth, M., D. Campbell, B. Demby, S. M. Ferranti and M. Santos. (2005). “Doing Prison Research: Views from Inside”. Qualitative Inquiry. Vol.11(2): 1- 16. Kaufman, E. (2015). Chapter 2: “Bearing Witness” (pp.19-52) in Punish & Expel. Border Crontrol, Nationalism, and the New Purpose of the Prison. Oxford: Oxford University Press. Philips, C and R. Earle. (2010). ‘Reading Difference differently: Identity, Epistemology and Prison Ethnography’. British Journal of Criminology. 50(5): 360 – 378. Wacquant, L. (2003). The curious eclipse of prison ethnography in the age of mass incarceration. Ethnography. 3(4): 371 – 397. Liebling, A. (1999). ‘Doing Research in prison: Breaking the silence?’ Theoretical Criminology, 3: 147-173.

Ethics SRA (2003). Ethical Guidelines. Social Research Association, December 2003. BSC (2006). British Society of Criminology: Code of Ethics for Researchers in the Field of Criminology, [http://www.britsoccrim.org/ethical.htm]

Discussion Questions

1. How do ethnographers earn prisoners’ trust? 2. What are the strengths and what are some weaknesses of prison sociology? 3. Why has there been a decline in the popularity of this method of social inquiry in prison studies?

6 Week 2

4. Is race relevant to understanding the modern prison? 5. What is a total institution? How useful is that approach to the understanding of the modern prison? 6. What are the strengths and what are some pitfalls in comparative accounts of imprisonment? 7. What is informed consent and how is it achieved? 8. What are some of the most pressing ethical challenges of conducting research in prison?

Additional Reading Becker, H. S. (1967). Whose side are we on? Social Problems. 14 (3): 239-247. Carrabine, E. (2000). Discourse, governmentality and translation: Towards a social theory of imprisonment. Theoretical Criminology, 4: 309 - 331. Cheliotis, L. and A. Liebling. (2006). Race Matters in Prison: Towards a research agenda’. British Journal of Criminology. 46(2): 286 – 317. Crewe, B. (2013) Writing and reading a prison: making use of prisoner life stories, Criminal Justice Matters, 91:1,20-20, Crewe, B. (2014). Not Looking Hard Enough: Masculinity, Emotion, and Prison Research. Qualitative Inquiry 2014 20: 392 Cunha, M P. (2014). The ethnography of prisons and penal confinement, Annual Review of Anthropology, 43: 217 - 233. Drake, D, R. Earle & J. Sloan (eds). (2015). The Palgrave Handbook of Prison Ethnography. New York and Basingstoke: Palgrave Macmillan. Drake, DH & J Harvey (2014) Performing the role of ethnographer:processing and managing the emotional dimensions of prison research, International Journal of Social Research Methodology, 17:5, 489-501 Earle. R. (2014) Insider and Out: Making Sense of a Prison Experience and a Research Experience. Qualitative Inquiry 2014 20: 429 Earle, R. and Philips, C (2012). ‘Digesting Men? Ethnicity, gender and food: Perspectives from a ‘prison ethnography’. Theoretical Criminology. 16(2): 141 – 156. Liebling.A. Postscript: Integrity and Emotion in Prisons Research. Qualitative Inquiry 2014 20: 481 Moran D., N. Gill & D Conlon (eds) (2013) Carceral Spaces. Mobility and Agency in Imprisonment and Migrant Detention. Ashgate. Moran, D. (2015). Chapters 4 in Carceral Geography. Spaces and Practices of Incarceration. Ashgate. Rhodes, Lorna (2013) Ethnographic imagination in the field of the prison, Criminal Justice Matters, 91(1): 16-17 Simon, J. (2000b). The ‘society of captives’ in the era of hyper-incarceration. Theoretical Criminology. 4, 285 – 308. Ugelvik.T (2014) Prison Ethnography as Lived Experience: Notes From the Diaries of a Beginner Let Loose in Oslo Prison. Qualitative Inquiry 2014 20: 471

7 Week 3

SEMINAR 3. LIFE BEHIND BARS: THE SOCIOLOGY OF IMPRISONMENT

This seminar will examine the development of ethnographic literature on confinement, starting with sociological studies from the 1960s. We will consider what such accounts tell us about the effect and nature of imprisonment and what, if anything, are the implications of this work for a broader understanding of the aim of imprisonment.

The Pains of Imprisonment: Classic Accounts Carlen, P. (1983). ‘Papa’s discipline: Disciplinary modes in the Scottish women’s prison’ Women’s Imprisonment: A study in social control. London: Routledge & Kegan Paul. pp. 89 – 115. Cohen, S. and L. Taylor. (1972). ‘The closed emotional world of the security wing’ in Psychological Survival: The Experience of Long-term imprisonment. pp. 60 – 85. Harmondsworth: Penguin, (and ‘Time and Deterioration’, pp. 86 – 111). Sykes, G. (1958). ‘Chapter 4: The pains of Imprisonment’ in The Society of Captives: A Study of a Maximum-Security Prison. Princeton, NJ: Princeton University Press. pp. 63 – 83.

The Pains of Imprisonment Today Crewe, B. (2011). Depth, weight, tightness: revisiting the pains of imprisonment. Punishment & Society. 13(5): 509 – 529. Kaufman, E. (2015). Chapter 7: “The Bodily Remainder” in Punish & Expel. Border Crontrol, Nationalism, and the New Purpuse of the Prison. Oxford: Oxford University Press. Taylor, P. and C. Cooper (2008). “'It was absolute hell': Inside the private prison” Capital & Class 32: 3. Harris, Angela P. (2011). ‘Heteropatriarchy Kills: Challenging Gender Violence in a Prison Nation’, Washington University Journal of Law & Policy Volume 37. Available at: http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1028&context =law_journal_law_policy

Staff Bennett, J. (2016). ‘‘I Wouldn’t Ask You to Do Something I Wouldn’t Do Myself’: Prison Managers and Prison Officer Culture’ (pages 49-71). In The Working Lives of Prison Managers. Global Change, Local Culture and Individual Agency in the Late Modern Prison, Palgrave. Carlen, P. (2002). ‘Governing the governors’ Telling tales of managers, mandarins and mavericks. Criminal Justice. 2(1): 27 – 49. Crawley, E. (2004). ‘Them and Us’ in Doing Prison Work: The public and private lives of prison officers. Collumpton: Willan. pp. 94 – 127.

Discussion Questions

1. What are the ‘pains of imprisonment’? 2. Is it possible to speak of a (single) prison community?

8 Week 3

3. How do prisoners cope with incarceration? 4. What role, if any, does gender play in how prisoners respond to incarceration? 5. What are some specific issues faced by life-sentence prisoners? Further Reading Broadhead, J. (2006) Unlocking the Prison Muse: The Inspiration and Effects of Prisoners’ Writing in Britain. Liverpool Academic Press. Butler, M. (2008). ‘What are you looking at? Prisoner Confrontations and the Search for Respect”. British Journal of Criminology. Comfort, M. (2008). Doing Time Together: Love and Family in the Shadow of the Prison. Chicago: Chicago University Press. Carrabine, E. (2000). Discourse, governmentality and translation: Towards a social theory of imprisonment. Theoretical Criminology, 4: 309 - 331. Cheliotis, L. and A. Liebling. (2006). Race Matters in Prison: Towards a research agenda’. British Journal of Criminology. 46(2): 286 – 317. Clemmer, D. (1940/1958). The Prison Community. New York: Holt, Reinhart & Winston. Genders, E. and E. Player. (1990). Women Lifers: Assessing the Experience. The Prison Journal. 70: 46-57 Goffman, E. (1961). ‘On the characteristics of total institutions’ in D. Cressey. (Ed.). The Prison: Studies in Institutional Organization and Change. New York: Holt, Rinehart and Winston. Jacobs, J. (1977). Stateville: The Penitentiary in Mass Society. Chicago: Chicago University Press. Jewkes, Y. (2005). ‘Loss, liminality and the life sentence: managing identity through a disrupted lifecourse’. In A. Liebling and S. Maruna (Eds.). The Effects of Imprisonment. Collumpton: Willan. pp. 366 -388. Hunt, M. (1999) (ed.) The Junk Yard: Voices from an Irish Prison. Edinburgh: Mainstream Publishing. Liebling, A. (1999). ‘Doing research in prison: Breaking the silence?’ Theoretical Criminology, 3: 147 - 173. O’Donnell, I. (2004), ‘Prison Rape in Context’. British Journal of Criminology. 44(2): 241- 255 Piacentini, L. (2004). Surviving Russian Prisons: Punishment, Economy and Politics in Transition. Collumpton: Willan. Simon, J. (2000b). The ‘society of captives’ in the era of hyper-incarceration. Theoretical Criminology. 4, 285 – 308.

9 Week 4

SEMINAR 4. THE PAINS OF IMPRISONMENT: WHEN PRISONERS DON’T COPE

This seminar will tackle issues to do with vulnerable populations in prison and the role of prison psychologists. We will pay particular attention to issues relating to self- harm and suicide, considering the causes of such behaviour and the response of the prison service to it. We will also discuss the influence of race and gender on prisoners’ coping strategies.

Historical and Conceptual Overview Blue, E. (2012). Doing Time in the Depression: Everyday Life in Texas and California Prisons. NYU Press. Chapter 7. Pollak, S. (2005). ‘Taming the Shrew: Regulating prisoners through women-centred mental health programmes’. Critical Criminology. 13(1): 71 – 87. Seddon, T. (2007). ‘A brief history of imprisoning the ‘mad’’ and ‘New Labour and Risk Management’ in Punishment and Madness: Governing Prisoners with Mental Health Problems. London: Routledge-Cavendish. pp. 19 – 40; 123 - 148.

Health, Suicide and Self-Harm Borrill, J., et al. (2005). Learning from 'Near Misses': Interviews with Women who Survived an Incident of Severe Self-Harm in Prison. Howard Journal of Criminal Justice. 44(1): 57 – 69. [England and Wales] Carlton, B. and M. Segrave. (2011). Women's survival post-imprisonment: Connecting imprisonment with pains past and present. Punishment & Society. 13(5): 551 – 570. [Australia] Cliquennois, G. and B. Champetier (2013). ‘A new risk management for prisoners in France: The emergence of a death-avoidance approach.’ Theoretical Criminology. 17(3): 397 – 415. [France] Liebling, A. et al. (2005). Revisiting prison suicide: the role of fairness and distress’ in A. Liebling, A. and S. Maruna (eds.). The Effects of Imprisonment. Collumpton: Willan. pp. 209 – 231. [England and Wales] Reiter, K and Blair, T. (2015). Punishing Mental Illness: Trans-institutionalization and Solitary Confinement in the United States. In Reiter, Keramet, Koenig, Alexa (eds) Extreme Punishment. Comparative Studies in Detention, Incarceration and Solitary Confinement. Palgrave.

Policy Context (England and Wales) ACCT, Safer Custody etc on ministry of justice website. Look for prison service instructions and prison service orders. Eg. PSI 64/2011 Safer Custody, chapter 5 Assessment, Care in Custody and Teamwork (ACCT). pp. 24 – 30. Corston, J. (2006). The Corston Report: Executive Summary. London: Home Office. Available at: http://www.homeoffice.gov.uk/documents/corston- report/corston-exec-summary?view=Binary Ministry of Justice. (2012). Safety in Custody Quarterly Statistics, June 2013. Available at: https://www.gov.uk/government/publications/safety-in- custody-statistics-quarterly-update-to-june-2013

10 Week 4

Discussion Questions

1. Should offenders with mental health problems be incarcerated? 2. What might be some alternative ways of dealing with those offenders who are mentally ill? 3. What role do prison psychologists have in modern prisons? Are they there to help prisoners or to maintain order? 4. Does imprisonment make some people mentally ill? 5. Why do some prisoners self-harm? 6. Why do some prisoners kill themselves? 7. What are some institutional ways in which the prison service tackles self- harm, suicide and mental health problems? Are they sufficient? 8. Is race or gender relevant to understanding mental health? 9. Is race or gender relevant to understanding suicide or self-harm? 10. What evidence is there that prison has a long-term negative impact on health and wellbeing?

Further Reading Boast, N. and P. Chesterman. (1995). ‘Black people and secure psychiatric institutions’. Available at: http://bjc.oxfordjournals.org/cgi/reprint/35/2/218 Crawley, E. (2004). ‘When things go wrong: Suicide and conflict’ in Doing Prison Work. Collumpton: Willan. Edgar, K et al. (2002). Prison Violence. Collumpton: Willan. Grendon's Work. Jessica Kingsley Publishers. Howard League for Penal Reform. (2005). Briefing paper on prison overcrowding and suicide. London. Available at: http://www.howardleague.org/fileadmin/howard_league/user/pdf/PrisonOv ercrowdingAndSuicide.pdf Ireland, J. (ed.). (2005). Prison Bullying. Collumpton: Willan. Liebling, A. (1992). Suicides in prison. London: Routledge. Liebling, A. (1995). Vulnerability and Prison Suicide. British Journal of Criminology. 35(2): 173 – 187. Lines, R. (2008). The right to health of prisoners in international human rights law. International Journal of Prisoner Health, 4(1), 3-53. Morris, M. (2004). Dangerous and Severe – Process, Programme and Person Pont, J. (2006). Medical ethics in prisons: Rules, standards and challenges. International Journal of Prisoner Health, 2(4), 259-267. Power, K. et al. (2003). Coping Abilities and Prisoners' Perception of Suicidal Risk Management. Howard Journal of Criminal Justice. 36(4): 378 – 392. Thomas-Peter, B. (2006). The Modern Context of Psychology in Corrections’., in G. Towl (ed). Psychological Research in Prison. Oxford: Blackwells. pp. 24 – 39. Whitehead, Antony. (2005). Man to Man Violence: How masculinity may work as a dynamic risk factor. The Howard Journal of Criminal Justice. 44: 411 – 422. Williams, J. (2001). Hunger‐Strikes: A Prisoner's Right or a ‘Wicked Folly’?. The Howard Journal of Criminal Justice, 40(3), 285-296. Wilson, D. and S. McCabe. (2002). ‘How HMP Grendon ‘Works’ in the Words of Those Undergoing Therapy’. Howard Journal 41 (3): 279-291

11 Week 5

SEMINAR 5: PRISON LAW AND HUMAN RIGHTS

This seminar will pick up on the matter of legitimicy explored in the previous seminars to dicusss the relevance of the application of human rights principles to prison law and policy. It will consider the mechanisms for the inspection and supervision of prisons, and investigate the standards that have emerged from independent inspection and international monitoring. It will explore what impact the growing recognition of the human rights of prisoners in domestic and international law has had on on prison regimes, prison management and staff-prisoner relationships.

Theoretical Overview Van Zyl Smit, D. (2007) ‘Prisoners’ rights’, In: Y. Jewkes (ed.) Handbook on Prisons. Cullompton: Willan, pp. 566-585.

Protecting Prisoners’ Rights: Independent Inspection and Monitoring Bennett, J. (2007). Measuring order and control in the prison service. In: J. Y. Jewkes (ed.) Handbook on Prisons. Cullompton: Willan. pp. 543-566. Harding, R. (2007) ‘Inspecting prisons’, in: Y. Jewkes (ed.) Handbook on Prisons. Cullompton: Willan. pp. 543-566. Lawson, A and A Mukherjee (2004). "Slopping out in Scotland: the limits of degradation and respect." European Human Rights Law Review: 645-659.

Prison Law, Prisoner’s Rights Human Rights Calavitta, K. and Jenness, V. (2013). ‘Inside the Pyramid of Disputes: Naming problems and filing grievances in California Prisons’, Social Problems, Vol 60 (1), pp 1-31. Easton, S. (2013) ‘Protecting Prisoners The Impact of International Human Rights Law on the Treatment of Prisoners in the United Kingdom’. The Prison Journal. 93(4): 475-492. Baldry, E, Carlton, B. and Cunneen, C. (2015) ‘Abolitionism and the Paradox of Penal Reform in Australia: Indigenous Women, Colonial Patriarchy and Co- Option’, Social Justice, Vol. 41, No.3, pp.168-189.

Policy Context HMIP Annual Report 2013-14. Available at: https://www.justiceinspectorates.gov.uk/hmiprisons/ HMIP report on HMP Bullingdon 2012. Available at: https://www.justiceinspectorates.gov.uk/hmiprisons/ IMB Bullingdon Community Prison Annual Report 2011-2012, available at http://www.imb.org.uk/reports/2012-annual-reports/

12 Week 5

Discussion Questions

1. What impact has International Human Rights Law had on the treatment of prisoners in the UK? 2. Why are monitoring bodies of importance? Critically assess both domestic and international efforts to inspect and monitor the implementation of prisoners’ rights? 3. Is it possible to have ‘humane’ prisons? 4. Do Non-Governmental Organizations (NGOs) such as the Prison Reform Trust and the Independent Monitoring Board make a valuable contribution to the process of independent monitoring? 5. Can prison research be a source of information and support to monitoring bodies? 6. In which ways do order, accountability, and human rights intersect in prison?

Additional Reading Council of Europe (1997) On Staff Concerned with the Implementation of Sanctions and Measures.’ Recommendation No. R (97) 12 of the Committee of Ministers to Member States. Easton, S. (2011). Prisoners' rights: principles and practice. Taylor & Francis. Evans, M. D., & Morgan, R. (1999). Protecting prisoners: the standards of the European Committee for the prevention of torture in context. Oxford: Oxford University Press. Foster, S. (2008). Human rights and civil liberties. Pearson Education. Chapter 8. Jones, T. and T. Newburn. (2005). ‘Comparative Criminal Justice Policy-Making in the US and the UK: The Case of Private Prisons.’ British Journal of Criminology. 45(1): 58 – 80. Jefferson, A. and Gaborit, L. 2015. Human Rights in Prisons. Comparing Institutional Encounters in Kosovo, Sierra Leone and the Philippines. Palgrave. Livingstone, S. (2000). Prisoners' rights in the context of the European Convention on Human Rights. Punishment & Society, 2(3), 309-324. McCrudden, C. (2008). Human dignity and judicial interpretation of human rights. European Journal of international Law, 19(4), 655-724. Morgan, R. (2000) ‘Developing prison standards compared’, Punishment & Society, 2: 325-42. Morgan, R., & Evans, M. (1999). Protecting prisoners: the standards of the European Committee for the prevention of torture in context. Oxford: Oxford University Press. Murdoch, J. (2006). Tackling Ill-Treatment in Places of Detention: The Work of the Council of Europe’s “Torture Committee”. European Journal on Criminal Policy and Research, 12(2), 121-142. Obi, M. (2013). Blackstone's Prison Law Handbook. Oxford University Press. Part C. Owers, A. (2007). Imprisonment in the twenty-first century: a view from the inspectorate. Handbook on Prisons, ed. Y. Jewkes, Willan Publishing, Cullompton. Shaw, S. (1999) ‘The European Convention on Human Rights: the Human Rights Act and the Prison Service’, Prison Service Journal, 121: 10–12.

13 Week 5

United Nations (1977) Standard Minimum Rules for the Treatment of Prisoners. Available at http://www.unhchr.ch/html/menu3/b/h _comp34.thm Van Zyl Smit, D., & Snacken, S. (2009). Principles of European prison law and policy: penology and human rights. Oxford University Press.

14 Week 6

SEMINAR 6: MAINTAINING ORDER: RULES, REGIMES AND RESISTANCE

This seminar will examine how order is maintained in prisons. We will discuss prison rules, riots and staff as well as the notions of legitimacy, risk and resistance. Topics that we will raise include managerialism, supermax, control units, segregation and risk-needs assessment. Particular attention will also be given to the complex demands placed on prisons as they must find work, education and recreation not only for the young able-bodied inmates, but, increasingly for the aged and also for those with poor mental and physical health.

Regimes: Work, Education, Leisure Bhatti, G. (2010). “Learning Behind Bars: Education in Prison:. Teaching and Teacher Education. 26: 31 – 36. Guilbard, F. (2010). ‘Working in Prison: Time as Experienced by Inmate-Workers’, R. franç. Sociol., 51(1): 41 – 68. [FRANCE] Liebling, A. (2005). Chapter 6: Regime Dimensions. Prisons and their Moral Performance. Oxford: Clarendon Series in Criminology. [England and Wales] Uglevik, Thomas (2014) Taking Liberties (page 74) In Power and Resistance in Prison. Doing Time, Doing Freedom. Palgrave.

Order and Resistance Bottoms, A., R. Sparks and W. Hay. (1990). Situational and Social Approaches to the Prevention of Disorder in Long-Term Prisons. The Prison Journal. 70: 83- 95Bosworth, M. (1996). Resistance and Compliance in Women’s Prisons. Critical Criminology. 7(2): 5 - 19. Available at: http://www.springerlink.com/content/w51824l0m0749812/fulltext.pdf Godderis, R. (2006). Dining In: The Symbolic Power of Food in Prison. Howard Journal of Criminal Justice. 45(3): 255 – 267. Bosworth, M. (2007). “Creating the Responsible Prisoner: Federal Admission and Orientation Packs”. Punishment and Society. Vol. 9(1): 67 – 85.

Supermax King, R. (2005). ‘The effects of supermax custody’ in A. Liebling and S. Maruna (Eds.). The Effects of Imprisonment. Collumpton: Willan. pp. 118 – 145. Shalev, S. (2009). Supermax. Collumpton: Willan. Chapter?

Rules and Policy Documents Council of Europe (2006) European Prison Rules. Available at http://www.iprt.ie/files/international/council_of_europe_prison_rules_2006 .doc Ministry of Justice. (2006). Reducing Reoffending Through Skills and Employment. London: HMSO. Available at: http://webarchive.nationalarchives.gov.uk/20100202100532/http://www.dc sf.gov.uk/offenderlearning/uploads/documents/Reducing%20Re- Offending%20Through%20Skills%20and%20Employment%20Next%20Steps.p df. read the introduction and dip into the rest See also www.prisonerseducation.org.uk

15 Week 6

Discussion Questions

1. How is order maintained in prison? 2. Given that prisoners outnumber staff considerably on most occasions, why are riots not more of a problem? 3. To what extent do prisoners themselves support their confinement? 4. To what extent are they coerced into accepting their treatment? 5. Why, so far, has Britain eschewed supermax prisons? 6. How useful is the notion of resistance in understanding power relations in prison?

Further Reading Adams, R. (1992). Prison riots in Britain and the USA. London: Macmillan. Bosworth, M. (1999). Engendering Resistance: Agency and Power in Women’s Prisons. Aldershot: Ashgate. Carrabine, E. (2004). Power, Discourse and Resistance: A Genealogy of the Strangeways Prison Riot. Aldershot: Ashgate. Crawley, E. (2004). Emotion and Performance: Prison Officers and their presentation of Self. Punishment and Society. 6(4): 411 – 427. Crawley, E. (2004). Doing Prison Work. Collumpton: Willan. Crewe, B. (2007). Power, Adaptation and Resistance in a Late Modern Men’s Prison. British Journal of Criminology. 47(2): 256 – 275. DiIulio, J. J. Jr. (1987). ‘The governability of prisons’ in Governing Prisons: A Comparative Study of Correctional Management. New York: Free Press. pp. 11 – 48. Fitzgerald, M. (1977). Prisoners in revolt. Harmondsworth: Penguin. Genders, E. (2003). Legitimacy, accountability and private prisons. Punishment & Society, 4: 285 - 303. Hamblyn, M. (2010). ‘The Competition’ in Holloway Prison. London: Waterside Press.pp. 43 – 72. Home Office. (1994). Report of the inquiry into the escape of six prisoners from the Special Security Unit at Whitemoor Prison, Cambridgeshire on Friday 9th September 1994 (The Woodcock Report). London: HMSO. Home Office (1995) Review of prison service security in England and Wales and the escape from Parkhurst Prison on Tuesday 3rd January (The Learmont Report). London: HMSO. Irwin, T. (2008). “The ‘inside’ story: Practitioner perspectives on teaching in prison”, The Howard Journal. 4(5): 512 – 528. [England and Wales] King, R. and K. McDermott. (1990). ‘My geranium in subversive: Some notes on the management of trouble in prisons’, British Journal of Sociology. 41(4): 445 – 471.Available at: http://www.jstor.org/cgi- bin/jstor/printpage/00071315/ap020166/02a00030/0.pdf?backcontext=resul [email protected]/01cce4405ed85c1 113166288e&0.pdf Morris, N. (2000). Prisons in the USA: Supermax – the bad and the mad. In L. Fairweather and S. McConville (Eds.). Prison Architecture: Policy, Design and Experience. Oxford: Architectural Press. pp. 98 – 108. Leech, M. (2010) Prisons Handbook 2010. Manchester. See: www.prisons.org.uk

16 Week 6

Liebling, A. and D. Price (2001) The prison officer. Leyhill: HM Prison Service. Mears, D. and J. Castro. (2006). ‘Wardens’ views on the wisdom of supermax prisons’. Crime & Delinquency. 52(3): 398 – 431. Prison Reform Trust and Ministry of Justice (2008) Prisoners’ Information Book: Male Prisoners and Young Offenders. London: PRT. Available at www.prisonreformtrust.org.uk. Sim, J. (2008) ‘“An inconvenient criminological truth”: Pain, punishment and prison officers’, In: J. Bennett, B. Crewe and A. Wahidin (eds.) Understanding Prison Staff. Cullompton: Willan. Sparks, R., A. Bottoms and W. Hay. (1996). Prisons and the Problem of Order. Oxford: Clarendon. Ubah, C. and R. Robinson. (2003). ‘A Grounded look at the debate over prison education’ The Prison Journal. 83(2): 115 – 129. [USA] Useem, B. and M. Reisig. (1999). Collective Action in Prisons: Protests, Disturbances and Riots. Criminology. 37(4): 735 – 758. Useem, B. and A. Piehl. (2006). ‘Prison buildup and disorder’. Punishment and Society. 8(1): 87 – 115. Wahidin, A. (2004). ‘Within these walls’ in Older Women in the Criminal Justice System: Running out of time. Jessica Kingsley Publishers. pp.153 – 167. Woolf, Lord Justice. (1991). Prison Disturbances, April 1990. Cmnd, 1456. London: HMSO. Worth, R. (1995) ‘A model prison’, Atlantic Monthly (November).

17 Week 7

SEMINAR 7. CURRENT CHALLENGES, FUTURE TRENDS: PRIVATIZATION, GLOBALIZATION, AND PENAL MODERATION

This seminar will examine current and future challenges facing the prison. How are prisons in England and Wales changing in the current economic climate? What is the impact of globalization?

Penal Moderation and Abolitionism Loader, I. (2010). ‘For penal moderation: Notes towards a public philosophy of punishment.’ Theoretical Criminology. 14(3): 349 – 367. Oparah, J. (2013). ‘Why no Prisons?’ in D. Scott. (Ed.). Why Prison? Cambridge: Cambridge University Press. pp. 278 – 300. Easton, S. (2008). Constructing Citizenship: Making Room for Prisoners' Rights. Journal of Social Welfare & Family Law, 30(2), 127-146.

Penal Excess Bosworth, M. and Turnbull, S (2015). Immigration, Detention, and the Expansion of Penal Power in the United Kingdom. In Reiter, K. and Koenig, A (eds) Extreme Punishment. Comparative Studies in Detention, Incarceration and Solitary Confinement. Palgrave. Brown, M. (2013). ‘The Iron Cage of Prison Studies,’ in D. Scott. (Ed.). Why Prison? Cambridge: Cambridge University Press. pp. 149 – 169. Welch, M. (2010). ‘Detained in Occupied Iraq’. Punishment & Society. 12(2): 123 – 146. Stigler, Mary. (2010). ‘Private Prisons, Public Functions, and the meaning of punishment’ Florida State University Law Review, Vol. 38, No. 1, 2010

Citizenship and Identity in Prison Kaufman, E and M. Bosworth. (2013). ‘The prison and national identity: Citizenship, punishment and the sovereign state.’ In D. Scott (Ed.). Why Prison? Cambridge: Cambridge University Press. pp. 170 – 188. Hamm, M. (2009). ‘Prison Islam in the age of sacred terror’, British Journal of Criminology. 49(5): 667 – 685.

Discussion Questions 1. What role, if any, should private prisons play in mitigating the impact of the economic recession on prison systems? 2. What evidence is there that we might be entering an age of penal moderation? 3. What evidence is there that we might be entering an age of penal excess? 4. What are some of the impacts of globalization on prisons in the UK and the US? 5. How, if at all, do the experiences of foreign national prisoners differ from those of British national prisoners? 6. Are immigration detention centres prisons? 7. How do prisons uphold national identity? 8. What are the issues that prison scholars should be concentrating on over the next few years?

18 Week 7

Further Reading Behan, C., & O'Donnell, I. (2008). Prisoners, politics and the polls enfranchisement and the burden of responsibility. British journal of criminology, 48(3), 319- 336. Bhui, Hindpal Singh. (2004). Going the Distance: Developing Effective Policy and Practice with Foreign National Prisoners. London: Prison Reform Trust. Bosworth, M. (2010). Chapter 8: The New Detention. Explaining US Imprisonment. London: Sage. diGeorgi, A. 2010. Immigration control, post-Fordism, and less eligibility: A materialist critique of the criminalization of immigration across Europe. Punishment & Society. 12(2): 147 – 167. Dow, M. (2004). American gulag: Inside U.S. Immigration Prisons. Berkeley, CA: University of California Press. Easton, S. (2006). Electing the electorate: The problem of prisoner disenfranchisement. The Modern Law Review, 69(3), 443-452. Easton, S., Black, T., & Dhami, M. K. (2012). Should prisoners be allowed to vote? Susan Easton, Tim Black and Mandeep K Dhami give their reasons for and against prisoners being given the vote. Criminal Justice Matters, 90(1), 43-44. Easton, S. (2009). The prisoner’s right to vote and civic responsibility: Reaffirming the social contract? Probation Journal, 56(3), 224-237. Jacobson, M. (2005). Downsizing Prisons. New York: Free Press. King, R. D. (1999). “The rise and rise of supermax: An American solution in search of a problem?” Punishment & Society. Vol. 1(2): 163-186. Available at: http://pun.sagepub.com/cgi/reprint/1/2/163 van Kalmthout, A.M., F.B.A.M. Hofstee-van de Meulen and F. Dünkel (Eds.). (2007). Foreigners in European Prisons. Nijmegen: Wolf Legal Publishers. Kaufman, E. (2015). Punish & Expel. Border Crontrol, Nationalism, and the New Purpuse of the Prison. Oxford: Oxford University Press. Murray, C. (2013) ‘A Perfect Storm: Parliament and Prisoner Disenfranchisement’. Parliamentary Affairs, 66(3): 511-39. Sanchez, L. (2007). ‘The Carceral Contract’, in M. Bosworth and J. Flavin (Eds.). Race, Gender and Punishment. New Brunswick, NJ: Rutgers University Press. Singh, Bhui, H. (2007). ‘Alien Experience: Foreign national prisoners after the deportation crisis.’ Probation Journal. 54(4): 368 - 382. Snacken, S. (2010). ‘Resisting Punitiveness in Europe?’. Theoretical Criminology. 14(3): 273 – 292 Sudbury, J. (Ed.). (2005). Global Lockdown: Race, Gender and the Prison-Industrial Complex. London: Routledge. Ugelvik, T. (2012) ‘Imprisoned on the Border: Subjects and Objects of the State in Two Norwegian Prisons’, in Justice and Security in the 21st Century: Risk, Rights and the Rule of Law, B. Hudson and S. Ugelvik (eds), London: Routledge. Van Zyl Smit, D., & Snacken, S. (2009). Principles of European prison law and policy: penology and human rights. Oxford University Press. Chapter 9. Welch, M. and L. Schuster. (2005). Detention of Asylum Seekers in the US, UK, France, Germany and Italy. Criminal Justice. 5(4): 331 – 355.

19 Week 8

SEMINAR 8. REVISITED: WHY PRISONS?

Having examined in the previous seminars particular aspects of life behind bars, prison management, legitimicy and order as well as broader issues of punishment and penality, this seminar now revisists the question that students first addressed in Seminar 1: Why Prison? The seminar will begin with two brief videos on first hand account of imprisonment and the legacy of imprisionment after release. Bringing together the understanding gained throughout the course, students will critically reassess their discussions over the purpuses of imprisonment.

There is no required preparation for this seminar. Students who wish may read one or more of the selected first hand accounts on prison, but it is not mandatory or expected:

Erwin James (2003). A life Inside. A Prisoner’s Notebook. London: Atlantic Books. Part II: Reason and Rehabilitation. Michael Santos. Life Behind Bars (Prologue xxv-xxxiii and Afterword 287-290)) Musinguizi, K. (2013). 45991. In The Prison Service Journal. Special issue on Migration, Nationality and Detention. Vol. 205. Available here: http://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/PSJ%2 0January%202013%20No.%20205.pdf Worth, R (1005). A Model Prison. Antlantic Monthly (November).

Discussion Questions

1. What is the purpose of imprisonment? 2. Who is in prison and why are they there? 3. Can prisons be legitimate? 4. Can prisons be decent? 5. What is rehabiliation? And why is it deemed necessary? 6. What are the invisible punishments resulting from a prison sentence? Are there any positive legacies from a prison sentence?