奴役还是监禁：监狱矫正功能质疑——兼论刑罚的执行

随着刑罚观的改变,作为刑罚执行重要场域的监狱,其功能也在逐步转变,矫正成为现代监狱的核心功能。然而,矫正功能具有正反两方面的内容,必须加以区分。体制化后的监狱并不能真正有效的发挥矫正功能。文章从美国电影《肖申克的救赎》所反映的问题出发,分析了矫正功能的发挥必须具备的前提条件,以及应当注意的问题。同时,对我国监狱改革进行了反思。     

Violence Against African American Women in Prisons and Jails

Abstract

The United States prison population is bulging and in recent years, the percentage of African American women being incarcerated far outnumber any other group. As the Black women in jails and prisons grow, so do the whispers about sexual abuse and labor abuse inside these institutions. This article discusses the nature of violence directed against incarcerated Black women and why it is important to direct national attention to this problem. It argues that though the violence may be individually directed, it is institutionally founded. Strategies are proposed for humanizing local jails and federal and state prisons.     

EVALUATING THE IMPLEMENTATION OF THE PRISON RAPE ELIMINATION ACT (PREA): A “LESSONS LEARNED” APPROACH

The Prison Rape Elimination Act (PREA) was designed to address sexual violence in prison. While previous has focused on sexual violence occurring in correctional facilities, there has been a dearth of studies that document the expertise, experience, or reflections of program following the cimplementation of PREA- within a correctional system. The current study utilizes a “lessons learned” approach to discuss the impact of the PREA Demonstration Project on a state prison system that includes 19 correctional institutions. Results indicate the benefits of merging the philosophical orientation of key stakeholders, establishing benchmarks, and the need for partnerships with prosecutors. A comparison of the perceptions of correctional administrators, inmates, and front-line correctional officers regarding PREA is included. Also featured are the “lessons learned” from the implementation of PREA into four prison sites, along with the concept of building trust and the impact of lockdowns due to staff shortages.     

‘Unfit for reform or punishment’: mental disorder and discipline in Liverpool Borough Prison in the late nineteenth century

This article examines how Liverpool Borough Prison, opened in 1855 as one of the largest local prisons in England to adopt the separate system, categorized and dealt with mental distress and disorder amongst its prison population in the late nineteenth century. High prison committal rates in Liverpool, alongside high levels of recidivism, especially among female prisoners, led to severe overcrowding and encouraged a harsh disciplinary regime. Exacerbated by the poor physical and mental condition of the prisoners, this produced a challenging environment for maintaining the separate system of confinement and prisoners’ mental well-being. While official figures for the rates of mental disorder in local prisons are not readily available, Liverpool Prison’s diverse and under-exploited archives and official reports indicate that insanity caused prison officials and visiting justices great concern, and many prisoners were declared unfit for the rigours of prison discipline. Our article explores the implications of the ever more punitive, deterrent and physically taxing penal policy implemented in the late nineteenth century on the minds of prisoners. Despite the heavy toll on prisoners’ mental well-being, such cases were often retained by prison medical officers reluctant to acknowledge the failure of the prison to deter, reform and redeem.     

Pregnant in prison: An integrative literature review

BackgroundPregnant women in prisons are recognised as a marginalised group. However, there is a limited understanding of the women’s unique maternity needs and how correctional institutions and maternity service providers respond to these needs.AimThe aims of the review are threefold.

• 1.Identify pregnant women’s needs during the antenatal, birthing and postnatal periods in prison.
• 2.Examine how the pregnant incarcerated women’s needs are met by the correctional institutions.
• 3.Explore what maternity services are available and how these services are provided.

MethodAn integrative literature review was undertaken. A comprehensive search strategy using seven electronic databases resulted in the retrieval of 363 articles. Of them, 32 peer-reviewed studies met the final selection criteria and were included in this review which utilised the Critical Appraisal Skills Program tools and adhered to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses flowchart. Thematic analysis identified universal themes.FindingsThree dominant themes emerged related to the experience of pregnant women in prison: (1) risks and vulnerability factors; (2) prison enablers and supports; and (3) prison barriers. Extant research on risks and vulnerability factors is disproportionate to research examining how prisons can enable or obstruct responding to the women’s perinatal needs. Limited research on the midwifery support available to the women in prison is available. Significantly, only two out of 32 reviewed papers include research directly conducted with the pregnant women in prison.ConclusionPregnant women in prisons have complex needs. More research is required to understand how prisons can enhance the pregnancy experience by engaging pregnant women in prisons as research participants.     

Tri et affectation des détenus en régime différencié

On the basis of a nonparticipant observation in a detention center, an explanation is formulated about how detainees are screened upon admission and then assigned to various forms of detention. Each form is characterized by the specific factors, controls and interactions that affect a set of decisions about disciplinary measures, work and the sentences of detainees. The circularity in this complex decision-making process affects, in turn, exchanges by reinforcing the interactional particularities of each form of detention. The interdependence between decision-making and interactions feeds back into the process so as to increase the confidence that corrections officers have in the initial screening and assignment of detainees.     

An evaluation model for the development of more humane correctional institutions: Evidence from Penghu Prison

Over time, correctional institutions have actively implemented innovations in prison administration. Most correctional institutions constitute conservative and closed societies. Generally, people do not have sufficient knowledge or understanding of penal correction. Therefore, it is difficult but necessary to break the stereotyped impression people hold about correctional institutions, actively integrate them into society, and encourage people to assume a more humane attitude towards correctional institutions. We conducted an inductive analysis of Penghu Prison administered by the Agency of Corrections, Ministry of Justice, Taiwan. After creating evaluation indices for the development of more humane correctional institutions, we conducted a survey to classify the evaluation indices into criteria under the four major evaluation dimensions. Using DEMATEL, we determined the causal relationship among different evaluation indicators and generated an influential network relation map about the evaluation criteria. Using DANP, we subsequently calculated weightings for the influence of each criterion. Finally, using the modified VIKOR, we conducted a gap analysis. The results of this study can be used to build a more positive and human reputation for correctional institutions and enable their sustainable creation.     

Bewilderment: Preparing prisoners for 'real' work in the fictional world of prison

This article explores the history of employment training programmes for prisoners and three contemporary examples of practice. It argues that the history and current practice can be seen as a movement between two competing discourses. One that treats prison work as relevant for how it passes time and the other for how it prepares a prisoner for release. These are referred to as a ‘constative’ position‐one where the activity is only related to the here and now‐and the ‘performative’‐where the activity is said to ‘rehearse’ the prisoner for action to be performed at a later date. By examining projects that use drama workshops to examine employment issues with prisoners, the article argues that these positions are limited. It claims that the link between prison activity and performance outside is far more complicated than a simple shift of new competencies from one arena to another. This transition is met more often by the ‘bewilderment’ of the title than by a smooth transition. The article concludes that drama workshops in fact have a potential to offer a more powerful intervention than simple behaviour rehearsal and that they could provide one means for bridging the gap between the fictional arena of prison and the ‘real’ world. Este artículo explora la historia de programas de capacitacioén laboral para presos y de tres ejemplos contemporáneos de práctica. Sostiene que la historia y la práctica actual pueden considerarse como un movimiento entre dos discursos competidores. Los dos consideran relevantes las actividades laborales en la cárcel, el uno porque ayuda a pasar el tiempo, y el otro porque prepara al preso para la puesta en libertad. Se refiere a los dos discursos como (1) la posición ‘constativa’, en la cual la actividad laboral se relaciona únicamente al momento actual y (2) la posición ‘performativa’, en la cual la actividad laboral sirve de ensayo para actividades que desempeñaráel preso en una fecha por venir. Al examinar proyectos que recurren a talleres del drama para examinar temas laborales con los presos, este artículo sostiene que están limitadas estas posiciones. Alega que la conexión entre la actividad en la cárcel y el desempeño fuera de la cárcel supone algo mucho mas complicado que un sencillo cambio de nuevas competencias de una arena a otra. Sostiene que esta transición se caracteriza mas por el desconcierto que provoca que por su suavedad. El artículo concluye que los talleres del drama pueden ofrecer una intervención mas poderosa que los sencillos ensayos de conducta, y que podrían ofrecer un medio de salvar la distancia entre la arena ficticia de la cárcel y el mundo ‘verdadero’.     

HIV/AIDS knowledge and HIV/AIDS risk perception: An indirect relationship

It is often assumed that a relationship exists between knowledge about Human Immunodeficiency Virus (HIV) and AIDS, and perceptions of risk concerning HIV infection. However, this assumption has not stood up to empirical scrutiny. Researchers have, therefore, started to search for factors that might indirectly link these constructs. This paper reports findings demonstrating that the relationship between levels of perceived HIV risk and levels of HIV/AIDS knowledge are indirectly linked by the extent to which others are perceived to be a risk. A total of 152 prison staff participated and were assessed with regard to their levels of HIV/AIDS knowledge, perceived personal risk of occupational HIV infection and the extent to which they perceived other occupational groups to be at risk of occupational HIV infection. It is argued that this indirect linkage represents a form of reappraisal coping. The ideas of optimistic bias are also extended to the occupational setting in terms of relative risk judgements. Results indicated that prison staff made realistic relative risk judgements. However, such judgements were unrelated to levels of knowledge. Implications for eduational and training interventions are suggested.