Embedding Human Rights in Prison


Book Description

This is a comparative study of prisoners' human rights in England, Wales and the Netherlands. Over the years changes in Dutch penal policy have smoothed to some degree the sharp contrasting differences that were once characteristic of the English and the Dutch prison systems. In this context, the study documents the impact of the two countries' penal policies on prisoners' human rights and presents prisoners' views on the human rights contribution to prison life and prisoner treatment. English and Dutch prisoners treat human rights recognition and protection as the yardstick of the prison's legitimacy in contemporary democracies. Drawing on their respective experiences, Karamalidou highlights valuable lessons on what practices to adopt and what practices to cease with a view to embedding human rights in prison. A compassionate and thought-provoking study, this book will be of interest to undergraduate and postagraduate students of penology and human rights.




Human Rights and Incarceration


Book Description

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or ‘non-citizens’. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.




Bringing Human Rights Home


Book Description

Throughout its history, America's policies have alternatively embraced human rights, regarded them with ambivalence, or rejected them out of hand. The essays in this volume put these shifting political winds into a larger historical perspective, from the country's very beginnings to the present day.




European Prison Rules


Book Description

This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.




The Growth of Incarceration in the United States


Book Description

After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.




The Official History of Criminal Justice in England and Wales


Book Description

Volume III of The Official History of Criminal Justice in England and Wales draws on archival sources and individual accounts to offer a history of penal policymaking in England and Wales between 1959 and 1997. The book studies the changes underlying penal policymaking in the period, from a belief in the rehabilitative potential of imprisonment to a reaffirmation in 1993 that ‘Prison Works’ as a deterrent to crime. A need to curb the rising prison population initially focussed on developing alternatives to prison and a new system of parole; however, their relative ineffectiveness led to sentencing becoming the key to penal reform. A slackening of faith in rehabilitation led to pressure for greater emphasis on humane containment and the rebalancing of security, order and justice in prison regimes. Thus, 1991 was the climactic year for what became largely unfulfilled hopes for lasting penal reform. Escapes, riots and prison occupations were prime catalysts for changes, often highly contentious, in penal policymaking. Notably, there was no simple equation between political party, minister and policy choice. Both Labour and Conservative governments had distinctly liberal Home Secretaries and, after 1992, both parties took a more punitive approach. This book will be of much interest to students of criminology and British history, politics and law.




Challenges in Criminal Justice


Book Description

This collection examines contemporary challenges to the criminal justice system in England and Wales. The chapters, written by established academics, rising stars and practising lawyers, seek not only to highlight these challenges but to offer solutions. The book examines issues with legal assistance in the police station, concerns relating to juror decision making and problems in and presented by both virtual hearings and the advent of the Single Justice Procedure Notice. The work also examines challenges surrounding vulnerability in the criminal justice system. Here, diversity includes vulnerability in the criminal trial, neurodivergence as well as issues with diversity and marginalisation in the criminal justice system as a whole. The book also discusses matters centred around sexual offending – including the attrition rate in rape cases as well as the recent development of ‘vigilante’ paedophile hunters and their acceptance as a viable limb of the criminal justice system. Finally, the volume looks at the post-conviction stage and examines recent prison policy through the lens of the human rights of the prisoner. The closing chapter examines the independence of the Criminal Cases Review Commission and highlights how recent changes have undermined this. While focused on England and Wales, the topics discussed are of wider international significance and will be of interest to students, academics and policy-makers.




Equality and Human Rights Commission


Book Description

Incorporating HC 1842-i and ii of session 2008-09




Callous and Cruel


Book Description

"This 127-page report details incidents in which correctional staff have deluged prisoners with painful chemical sprays, shocked them with powerful electric stun weapons, and strapped them for days in restraining chairs or beds. Staff have broken prisoners' jaws, noses, ribs; left them with lacerations requiring stitches, second-degree burns, deep bruises, and damaged internal organs. In some cases, the force used has led to their death"--Publisher's website, as viewed June 1, 2015.




Embedded Racism


Book Description

Despite domestic constitutional provisions and international treaty promises, Japan has no law against racial discrimination. Consequently, businesses around Japan display “Japanese Only” signs, denying entry to all 'foreigners' on sight. Employers and landlords routinely refuse jobs and apartments to foreign applicants. Japanese police racially profile “foreign-looking” bystanders for invasive questioning on the street. Legislators, administrators, and pundits portray foreigners as a national security threat and call for their segregation and expulsion. Nevertheless, Japan’s government and media claim there is no discrimination by race in Japan, therefore no laws are necessary. How does Japan resolve the cognitive dissonance of racial discrimination being unconstitutional yet not illegal? Embedded Racism untangles Japan's complex narrative on race. Starting with case studies of hundreds of “Japanese Only" exclusionary businesses, it carefully analyzes the social construction of Japanese identity through laws, public policy, jurisprudence, and media messages. It reveals how the concept of a “Japanese" has been racialized to the point where one must look “Japanese" to have equal civil and human rights in Japan. Completely revised and updated for this Second Edition (including landmark events like the 2020 Tokyo Olympics, the Covid Pandemic, and the Carlos Ghosn Case), Embedded Racism is the product of three decades of research and fieldwork by a scholar living in Japan as a naturalized Japanese citizen. It offers a perspective into how Japan's entrenched, misunderstood, and deliberately overlooked racial discrimination not only undermines Japan's economic future but also emboldens white supremacists worldwide who see Japan as their template ethnostate.