tag:theconversation.com,2011:/es/topics/prison-5421/articlesPrison – The Conversation2024-03-24T11:52:13Ztag:theconversation.com,2011:article/2238152024-03-24T11:52:13Z2024-03-24T11:52:13ZAddressing deepfake porn doesn’t require new criminal laws, which can restrict sexual fantasy and promote the prison system<figure><img src="https://images.theconversation.com/files/582946/original/file-20240319-28-spiry0.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C6240%2C4156&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Deepfake pornography plays a role in sexual fantasy and expression.</span> <span class="attribution"><span class="source">(Shutterstock)</span></span></figcaption></figure><p>After <a href="https://www.theverge.com/2024/1/25/24050334/x-twitter-taylor-swift-ai-fake-images-trending">deepfake pornography of Taylor Swift went viral</a> on the social media platform X (formerly Twitter), <a href="https://www.thecut.com/2024/01/taylor-swift-ai-deepfake-trending-social-media.html">Swifties sprung into action</a>. They organized to report violations of X’s “<a href="https://help.twitter.com/en/rules-and-policies/manipulated-media">Synthetic and Manipulated Media</a>” policy and flooded the platform with real images of Swift in an attempt to alter X’s algorithm.</p>
<p>The incident <a href="https://www.theguardian.com/music/2024/jan/26/taylor-swift-deepfake-pornography-sparks-renewed-calls-for-us-legislation">renewed calls for federal legislation</a> regarding deepfake porn. But whether we need to “<a href="https://www.wired.com/story/taylor-swift-deepfake-porn-artificial-intelligence-pushback/">defeat</a>” deepfake porn by <a href="https://www.theverge.com/2018/2/7/16982046/reddit-deepfakes-ai-celebrity-face-swap-porn-community-ban">censoring</a> and <a href="https://www.theguardian.com/society/2023/jun/27/sharing-deepfake-intimate-images-to-be-criminalised-in-england-and-wales">criminalizing</a> it is up for debate — or at least it should be. </p>
<p>As a criminologist and sexuality studies scholar with expertise in the <a href="https://carleton-ca.academia.edu/LaraKaraian">legal regulation of sex and sexual expression</a>, the push to conflate deepfake porn with misogyny and sexual harm is concerning, as is the call for new criminal laws.</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/GgSduzVDV08?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">ABC News looks at the circulation of fake explicit images of Taylor Swift on X.</span></figcaption>
</figure>
<h2>Are deepfakes sexual violence?</h2>
<p>Deepfake refers to the use of artificially intelligent (AI) machine-learning applications to generate original but “fake” audio, images or videos that may appear authentic. Deepfake pornography (DFP) refers to products that are sexually explicit in nature. </p>
<p>According to a <a href="https://www.homesecurityheroes.com/state-of-deepfakes/#key-findings">2023 report by cybersecurity firm Home Security Heroes</a>, DFP makes up 98 per cent of all deepfake videos online, and 99 per cent of DFP features women. Notably, 94 per cent of these women work in the entertainment industry. </p>
<p>An <a href="https://regmedia.co.uk/2019/10/08/deepfake_report.pdf">earlier study of DFP by Deeptrace Labs</a> found that of those in the entertainment industry, most of the 10 most frequently represented individuals were actresses from western countries, followed by South Korean K-pop singers.</p>
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Read more:
<a href="https://theconversation.com/ai-can-now-create-fake-porn-making-revenge-porn-even-more-complicated-92267">AI can now create fake porn, making revenge porn even more complicated</a>
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<p>Given their gendered, sexual and seemingly “non-consensual” nature, DFP has been widely described as gender-based sexual violence requiring <a href="https://www.congress.gov/bill/117th-congress/house-bill/9631/text?s=1&r=79">greater civil and criminal regulation of both AI and deepfake porn producers</a>. </p>
<p>Others, however, suggest that deepfake porn may be <a href="https://cardozolawreview.com/deeply-fake-deeply-disturbing-deeply-constitutional-why-the-first-amendment-likely-protects-the-creation-of-pornographic-deepfakes/">deeply constitutional</a> sexual expression, and that new laws should be put off until more research about the impacts of pornographic deepfakes on those depicted, as well as on internet users, can be conducted. </p>
<p>Deepfake porn raises concerns about false representations — for instance, falsely depicting an individual as sexually active, into a certain type of sex or involved in the porn industry. Whether this constitutes sexual violence — even if a person is distressed by fake videos of them — is not self-evident.</p>
<p>Many valid reasons exist for why deepfake porn may be created and shared, and why it should not be interpreted or criminalized as “<a href="https://theconversation.com/ai-can-now-create-fake-porn-making-revenge-porn-even-more-complicated-92267">image based sexual abuse</a>” or “<a href="https://www.brookings.edu/wp-content/uploads/2016/05/sextortion1-1.pdf">virtual rape</a>.” These reasons include, but are not limited to the social value of sexual fantasy — including seemingly “deviant” fantasies — and the need to resist prison expansionism and the carceral state.</p>
<h2>Need for new laws?</h2>
<p>Deepfakes, as with the <a href="https://www.wired.com/story/meta-youtube-ai-political-ads/">cheapfakes</a> that preceded them, can be created for malicious purposes including harassment, spreading disinformation and extortion. In instances where the use of one’s image is deeply upsetting to the individual depicted, legal avenues such as civil privacy, intentional infliction of emotional distress, invasion of privacy laws that address “<a href="https://canlii.ca/t/sxjg">false light</a>” (making false or misleading claims about a person that cause harm to them) and take-down orders may help address their concerns. </p>
<p>When it comes to deepfake porn and minors, Canada’s child pornography and its <a href="https://laws-lois.justice.gc.ca/eng/acts/C-46/section-162.1.html">Intimate Images</a> provisions likely apply. And in cases where DFP images and videos are used to harass or extort individuals, laws already exist to address these harms. On or offline, however, there are reasons to resist <a href="https://doi.org/10.1093/socpro/spz013">pro-criminalization strategies</a>.</p>
<p>Queer and sex-radical feminists have long established that even though sex and gender are related, theories of gender oppression cannot wholly explain <a href="https://read.dukeupress.edu/books/book/1560/chapter/173938/Thinking-SexNotes-for-a-Radical-Theory-of-the">sex and sexual politics</a>. Importantly, <a href="https://doi.org/10.1080/15313204.2018.1474827">anti-sexual violence feminists and anti-carceral scholars</a> have pointed out the limits and harms of using criminal law to respond to sexual violence for sexual violence victims, the accused and society more broadly. </p>
<p>Before we can determine whether sexual violence is the best framework for describing and responding to deepfake porn, we need a better understanding of deepfake porn prosumers — those who produce, consume and share their creations — as well as the importance of sexual fantasy, at the individual and collective levels.</p>
<h2>Deepfake porn prosumers</h2>
<p>It’s becoming increasingly difficult to interview or conduct research with deepfake porn prosumers given how widely they are described as <a href="https://www.washingtonpost.com/technology/2018/12/30/how-fake-porn-opponents-are-fighting-back/">depraved</a>, as the embodiment of “<a href="https://doi.org/10.1080/23268743.2019.1675091">toxic geek masculinity</a>,” and as driven by an interest in <a href="https://www.vice.com/en/article/nekqmd/deepfake-porn-origins-sexism-reddit-v25n2">owning women’s bodies</a>.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="a man is silhouetted against a computer screen showing blurred out images" src="https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=495&fit=crop&dpr=1 600w, https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=495&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=495&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=622&fit=crop&dpr=1 754w, https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=622&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/583169/original/file-20240320-20-zoul2p.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=622&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Given what we know about the demographics of computer programmers and porn consumers, it’s likely that most DFP prosumers are men.</span>
<span class="attribution"><span class="source">(Shutterstock)</span></span>
</figcaption>
</figure>
<p>Research suggests, however, that many deepfake porn creators are hobbyists who are more interested in contributing “to the development of such technology as <a href="http://doi.org/10.22215/timreview/1282">solving an intellectual puzzle</a>… rather than as a way to trick or threaten people.” </p>
<p>It’s likely that most deepfake prosumers are men, given what we know about the demographics of <a href="https://datausa.io/profile/soc/computer-programmers">computer programmers</a> and <a href="https://www.statista.com/statistics/661314/gender-distribution-of-pornhubcom-website-traffic-in-selected-european-countries/">porn consumers</a>.</p>
<p>Insights from clinical practice suggests that when men do create “fake porn” misogyny rarely serves as a key motivator. Clinical psychologist David J. Ley observes that more of these cases are “driven by <a href="https://www.psychologytoday.com/ca/blog/women-who-stray/201901/the-psychology-behind-fake-porn">feelings of loss, shame, hope, and fantasy</a> than by misogyny and anger.” Similar to Photoshopped “porno collages,” deepfakes serve as a means to explore fantasies that are likely impossible to fulfill.</p>
<p>But is sexual fantasy a valid reason to create and share deepfake porn on public and paid platforms? </p>
<h2>Sexual fantasy and deepfakes</h2>
<p>Sexual fantasy is <a href="https://doi.org/10.1177/13634607221106667">more complicated</a> and more <a href="https://doi.org/10.1037/0033-2909.117.3.469">important to our sex lives and to our social well-being</a> than people typically realize or acknowledge. For many, sexual fantasy is private and limited to their mind’s eye. </p>
<p>Others, however, see sexual fantasy as something to be <a href="https://scholarship.law.wm.edu/wmlr/vol58/iss2/3">manifested as written text, images or digital files, and publicly shared</a> for free or for a fee. </p>
<p>Critical race feminist scholars have demonstrated that <a href="https://doi.org/10.15767/feministstudies.41.2.409">sexual fantasy is both a product of and productive of our complex realities</a>, but that a line can also be drawn between fantasy and reality given the important roles that fantasy plays in our individual and collective lives.</p>
<p>At the individual level, <a href="https://doi.org/10.1111/jsm.12734">a study that surveyed 1,516 adult cis men and women about their sexual fantasies</a> found that more than half of the respondents — 51.7 per cent of women and 61.9 per cent of men — fantasized about sex with a celebrity.</p>
<p>Sexual fantasy research has also helped establish that few sexual fantasies are statistically unusual or rare. This includes fantasies which have previously been deemed perverted or <a href="https://doi.org/10.1111/jsm.12734">atypical</a>, such as <a href="https://www.bloomberg.com/news/newsletters/2023-11-29/us-federal-laws-fail-to-protect-most-deepfake-pornography-victims">those that involve violence or humiliation</a>. These fantasies are not only common, but are also “<a href="https://doi.org/10.1016/j.copsyc.2022.101496">unlikely to be revealing of actual behavior</a>.”</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="two pairs of women's legs wearing heels in red lighting" src="https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=373&fit=crop&dpr=1 600w, https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=373&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=373&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=469&fit=crop&dpr=1 754w, https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=469&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/583173/original/file-20240320-24-adu4i5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=469&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Fantasy plays an important role in individual and collective lives.</span>
<span class="attribution"><span class="source">(Shutterstock)</span></span>
</figcaption>
</figure>
<p>According to Ley, <a href="https://www.psychologytoday.com/ca/blog/women-who-stray/201901/the-psychology-behind-fake-porn">reasons for publicly sharing sexual fantasies</a> range from seeking approval, demonstrating technical prowess and playing with taboo to bonding with those who share the same interests or to arouse others in the way they are aroused so as to feel less alone for having these interests and desires. </p>
<p>As legal scholar Andrew Gilden writes: </p>
<blockquote>
<p>the actual process of coming to terms with one’s sexual identity often entails extensive fantasizing, experimentation, education, and social interaction. And these processes <a href="https://scholarship.law.wm.edu/wmlr/vol58/iss2/3/">are often far less romantic</a>, much less ‘dignified,’ and far less ‘PG’ than envisioned by the evolving legal narratives of sexuality.</p>
</blockquote>
<h2>Consent and fantasy</h2>
<p>Thinking about deepfake porn through the lens of sexual fantasy also helps us make sense of lack of consent in DFP. Consent does not factor into people’s sexual fantasies in the same ways as it does their physical sexual relations: I don’t need permission to fantasize about someone, but I do need permission to have sex with them. </p>
<p>Consent is a primarily <a href="https://www.leaf.ca/news/the-law-of-consent-in-sexual-assault/">legal term</a>, that, at its most general, means voluntary agreement to engage in sexual activity. The use of consent language to refer to the creative process of DFP as “image-based sexual abuse” or “virtual rape” shuts down a <a href="https://www.upress.umn.edu/book-division/books/sex-and-harm-in-the-age-of-consent">nuanced conversation about sexual harm and freedom</a>. </p>
<h2>Expanding definitions</h2>
<p>Ultimately, sexual fantasy cannot fully explain the phenomenon of deepfake porn. But failing to acknowledge the limits of gender-based sexual violence frameworks comes with its own harms, including the ever-growing definition of sex crime and the <a href="https://doi.org/10.1093/socpro/spz013">expansion of the carceral state</a>.</p>
<p>We need to think carefully about the social and cultural motivations and intent of content creators, in addition to the potential effects of their creations. We need to consider whether expanding the scope of criminal law to address emotional harm in virtual spaces will bring about the changes we want to see, including the reduction of sexual violence. We also need to acknowledge that criminal law has largely failed to prevent, and indeed <a href="https://www.ucpress.edu/book/9780520385818/the-feminist-war-on-crime#:%7E:text=In%20their%20quest%20to%20secure,and%20diverting%20resources%20toward%20law">perpetuates, emotional and physical violence at a level that requires great awareness and care</a>. </p>
<p>Concerns about sexual autonomy should inform debates about emerging technologies, but alternative frameworks for making sense of and responding to deepfake porn should be considered before we censor and criminalize deepfake porn producers, consumers and products.</p><img src="https://counter.theconversation.com/content/223815/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Lara Karaian receives funding from the Social Sciences and Humanities Research Council.</span></em></p>Deepfake pornography raises questions about consent, sexuality and representation. The issue is more complicated than online misogyny — new criminal laws are not our best response.Lara Karaian, Associate Professor, Criminology and Criminal Justice, Carleton UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2249412024-03-12T12:31:12Z2024-03-12T12:31:12ZPennsylvania overhauled its sentencing guidelines to be more fair and consistent − but racial disparities may not disappear so soon<figure><img src="https://images.theconversation.com/files/581063/original/file-20240311-28-gp310p.png?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">According to the state's new guidelines, juvenile convictions that are 10 years or older should no longer be considered when determining a person's sentence.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/photo/close-up-of-human-hand-with-handcuffs-royalty-free-image/1254827260">Seksan Mongkhonkhamsao via Getty Images</a></span></figcaption></figure><p><em>Pennsylvania’s new <a href="https://pcs.la.psu.edu/guidelines-statutes/sentencing">sentencing guidelines</a> went into effect on Jan. 1, 2024. They mark the eighth iteration since the state first introduced such guidelines in 1982 and are perhaps the most comprehensive revision to date.</em></p>
<p><em>Since Philadelphia has by far the <a href="https://www.prisonpolicy.org/origin/pa/2020/county.html">largest share of incarcerated people</a> in the state, the new sentencing guidelines affect many Philadelphia residents.</em> </p>
<p><em>C. Clare Strange, an <a href="https://scholar.google.com/citations?user=AbnZo6YAAAAJ&hl=en">assistant research professor</a> in the Department of Criminology and Justice Studies at Drexel University, is the <a href="https://nij.ojp.gov/funding/awards/15pnij-23-gg-01365-nijb">principal investigator in a study</a> that will evaluate the impacts of the new guidelines on racial and ethnic disparities in sentencing outcomes over the next five years. She spoke with The Conversation U.S. about how the guidelines have changed and what people with a criminal history in Philadelphia need to know about them.</em></p>
<h2>How do judges determine a person’s sentence?</h2>
<p>Pennsylvania uses what are known as <a href="https://www.pewtrusts.org/en/research-and-analysis/reports/2008/07/01/state-sentencing-guidelines-profiles-and-continuum">advisory sentencing guidelines</a>. This means that judges are required to consider what the state guidelines suggest a criminal sentence should be, but they are not required to comply with the guidelines. That’s different from other states <a href="https://robinainstitute.umn.edu/publications/sentencing-commissions-and-guidelines-numbers-cross-jurisdictional-comparisons-made">such as Minnesota and Oregon</a> that have mandatory sentencing guidelines. Meanwhile, a majority of U.S. states have <a href="https://www.uscourts.gov/federal-probation-journal/2017/09/state-sentencing-guidelines-garden-full-variety">no sentencing guidelines</a> at all. </p>
<p>In Pennsylvania, judges primarily consider what crime the person is charged with along with their prior record or criminal history. </p>
<p><a href="https://pcs.la.psu.edu/guidelines-statutes/sentencing/">A matrix</a> tells judges what the standard recommended sentencing range would be. Typically, judges sentence a defendant to a minimum term and then, after that minimum term, a parole board decides when it’s appropriate for the person to be released.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Pennsylvania's sentencing guidelines based on offense severity and criminal history." src="https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=776&fit=crop&dpr=1 600w, https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=776&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=776&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=976&fit=crop&dpr=1 754w, https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=976&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/580258/original/file-20240306-26-859ax4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=976&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Pennsylvania’s 2024 sentencing guidelines matrix.</span>
<span class="attribution"><span class="source">PA Commission on Sentencing</span></span>
</figcaption>
</figure>
<h2>What’s new in the 2024 sentencing guidelines?</h2>
<p>A lot has changed. Probably the most significant change is re-weighting the two categories in the matrix — offense severity and criminal history. These categories are officially known as the Offense Gravity Score and the Prior Record Score. There are now fewer categories of criminal history and far more categories of offense severity. </p>
<p>The revised guidelines have more than double the number of categories for Offense Gravity Score, which aim to ensure that sentences better align with crime severity. This is important because there is less opportunity for disparities to come through when a sentencing recommendation is more specific and more consistent between similar types of crimes. </p>
<p>Changes to Prior Record Score calculations and categories aim to address racial disparities and refocus sentence recommendations on the current offense. Lapsing policies, for example, have been expanded to reduce the impact of criminal history on sentencing for less serious offenders. These can involve the removal of specific prior offenses from inclusion in the Prior Record Score calculation after a certain amount of time has passed or after the person has had an extended crime-free period. </p>
<h2>What’s the goal of the new guidelines?</h2>
<p>Pennsylvania’s sentencing guideline system was <a href="https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.021.054.000..HTM">mandated by the state legislature</a>. The guidelines themselves were created by the <a href="https://pcs.la.psu.edu/">Pennsylvania Commission on Sentencing</a> with the the goal of promoting fair and uniform decisions on the severity of people’s punishment. </p>
<p>The commission was not explicitly formed to reduce punishment. That said, it has taken explicit efforts to reduce disparities in punishment that are linked to race and ethnicity. </p>
<p>The commission has <a href="https://pcs.la.psu.edu/policy-administration/about-the-commission/members/">11 members</a> who are appointed by the state Legislature. The members are typically judges, legislators and other criminal justice professionals. These commission members provide direction and oversight and are unique from <a href="https://pcs.la.psu.edu/policy-administration/about-the-commission/staff/">commission staff</a>, who collect, analyze and monitor the sentencing data for the state.</p>
<h2>What’s been the reaction so far?</h2>
<p>Anytime there’s talk about reducing the impact of criminal history on punishment, people express a whole spectrum of beliefs. Not everybody has the same primary concern of reducing disparities. For example, some people prefer more tough-on-crime policies. As a legislative body, the commission answers to many different constituencies.</p>
<p>The new guidelines mirror the <a href="https://www.ussc.gov/guidelines">federal sentencing guidelines</a> in that there are many offense gravity categories. One critique I’ve heard is that the Offense Gravity Score now has too many categories and adjustments, and that this might complicate things such as plea negotiations. </p>
<p><a href="https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/pleabargainingresearchsummary.pdf">About 95% of criminal cases</a> are settled in plea negotiation and never go to trial. Plea negotiations are a hidden interaction where the prosecution negotiates charges and punishments with defense attorneys and their clients in exchange for a plea of guilty or no contest. Having more Offense Gravity Score categories could lead to more complicated and slower plea negotiations.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Philadelphia law enforcement officers stand together in front of church in downtown Philadelphia" src="https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/581033/original/file-20240311-26-4fpfju.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Racial disparities exist throughout the criminal justice process, from arrests and charges to sentencing and parole.</span>
<span class="attribution"><a class="source" href="https://newsroom.ap.org/detail/PhiladelphiaOfficersShot/807f48dd90604210854a1a15d5e393e7">Joe Lamberti/AP</a></span>
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<h2>Will the guidelines reduce racial disparities in Pa.’s criminal justice system?</h2>
<p>National statistics show that, on average, a Black person is more likely than a white person to be <a href="http://www.doi.org/10.1038/s41562-020-0858-1">stopped by police</a>, <a href="https://doi.org/10.1177/1098611117708791">to experience police use of force</a> when stopped, <a href="https://doi.org/10.1177/0093854815628026">to be charged</a> when arrested, <a href="https://nij.ojp.gov/library/publications/opening-pandoras-box-how-does-defendant-race-influence-plea-bargaining">to receive more charges</a> when charged, <a href="https://www.jstor.org/stable/23367476">to receive a harsher sentence</a>, <a href="https://nij.ojp.gov/library/publications/opening-pandoras-box-how-does-defendant-race-influence-plea-bargaining">to be sentenced to confinement</a> and so on. It’s a cumulative disadvantage across the justice process. </p>
<p>These disparities occur within Pennsylvania, too. For example, a <a href="https://www.rand.org/pubs/external_publications/EP70332.html">December 2023 analysis</a> by the <a href="https://www.rand.org/">Rand Corporation</a>, a nonprofit global policy think tank, looked at racial disparities within the criminal justice system in Allegheny County, which includes Pittsburgh and is Pennsylvania’s second-most populated county after Philadelphia. It found that significant racial disparities exist at each of the key stages of people’s encounter with the criminal justice system, from having charges filed against them to having their parole revoked.</p>
<p>Courts to some degree inherit disparities from police and prosecutor decision making, though the new guidelines may help to reduce them at later stages, such as sentencing.</p>
<p>Racial and ethnic disparities in sentencing are <a href="https://doi.org/10.1093/acrefore/9780190264079.013.241">widespread in the U.S.</a> and are almost never entirely explained by legally relevant factors such as type of crime committed or criminal history. So researchers like me explain this leftover variation as the “<a href="https://www.jstor.org/stable/23367476">race effect</a>,” or “race and ethnicity effect.” </p>
<p>Part of the commission’s charge is to collect and monitor data, which can be used by the state and other criminal justice researchers. Some states may lack the infrastructure to collect or monitor data to the degree that Pennsylvania does. </p>
<p>That’s where my project comes in. It is designed to use commission data so that at the end of the five years we can determine whether these changes to the guidelines had the intended impact on disparities – and if they didn’t, why not.</p><img src="https://counter.theconversation.com/content/224941/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>C. Clare Strange receives funding from the National Institute of Justice (NIJ). </span></em></p>The new guidelines are not intended to reduce punishment but aim to reduce disparities in punishment that are linked to race and ethnicity.C. Clare Strange, Assistant Research Professor of Criminology and Justice Studies, Drexel UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2246272024-03-08T05:44:19Z2024-03-08T05:44:19ZPersonal trauma and criminal offending are closely linked – real rehabilitation is only possible with justice system reform<p>New Zealand’s justice system is failing. The country has one of <a href="https://www.justice.govt.nz/justice-sector-policy/key-initiatives/key-initiatives-archive/hapaitia-te-oranga-tangata">the highest rates of incarceration</a> in the OECD, and over 56% of people with prior convictions are reconvicted within two years.</p>
<p>Some 52% of people in prison identify as Māori, while 91% of people in prison have experienced mental distress, and over 50% addiction. Many are affected by poverty and have been victims of sexual and physical violence.</p>
<p>Recent moves by the government to <a href="https://www.rnz.co.nz/news/national/508611/prison-reforms-government-ditches-reduction-targets-and-cultural-reports">abolish funding</a> for cultural reports at court sentencing further threaten the most vulnerable by removing information from judges to help create an appropriate rehabilitation pathway.</p>
<p>But it doesn’t have to be this way. </p>
<p>Our <a href="https://heturekiatika.com/">new research</a> shows a “trauma-informed” justice system can better support people and their families to move from experiences of incarceration, mental distress and addiction into recovery and wellbeing.</p>
<p>This approach would mean taking into account the impacts of trauma across a wide spectrum that includes neurological, biological, psychological, spiritual, social and cultural wellbeing. </p>
<p>Simply put, a trauma-informed approach acknowledges what has happened to someone rather than identify what is wrong with them.</p>
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<strong>
Read more:
<a href="https://theconversation.com/changes-to-nzs-parole-laws-to-improve-rehabilitation-could-lead-to-even-longer-prison-times-224846">Changes to NZ's parole laws to improve rehabilitation could lead to even longer prison times</a>
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<p>Our study, He Ture Kia Tika (Let the law Be Right), aimed to identify how New Zealand can improve outcomes for people experiencing mental distress and/or addiction while in the criminal justice system. </p>
<p>Our team interviewed 45 individuals who had been in the system. They were now thriving in the community and free of criminal behaviour. We looked at what factors contributed to their success. </p>
<p>We also talked with six <a href="https://maoridictionary.co.nz/search?idiom=&phrase=&proverb=&loan=&histLoanWords=&keywords=kaupapa+maori">kaupapa Māori</a> community and peer-led providers who help support people on their recovery journeys. </p>
<h2>What a trauma-informed system would look like</h2>
<p>For Māori, a trauma-informed approach considers the importance of the wider community, acknowledges inter-generational and historical trauma, and incorporates te ao Māori (a Māori world view) to heal. </p>
<p>It also respects the autonomy of individuals and their families, and creates opportunities for them to feel empowered to make decisions about their own lives and livelihoods. </p>
<p>While the research included people across a number of ethnicities, most of the participants appreciated the healing they received from tikanga-led (customs and traditional values) approaches. </p>
<p>Time and again, participants shared how hapori (community) are already delivering what they need – localised, culturally safe, trauma-informed services that aim to support people to find their recovery pathway. </p>
<p>By prioritising kaupapa Māori and lived experience, grassroots community initiatives are making a real and lasting difference to people coming out of the justice system. </p>
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Read more:
<a href="https://theconversation.com/ending-legal-aid-for-cultural-reports-at-sentencing-may-only-make-court-hearings-longer-and-costlier-223627">Ending legal aid for cultural reports at sentencing may only make court hearings longer and costlier</a>
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<p>New Zealand’s <a href="https://www.districtcourts.govt.nz/criminal-court/criminal-jurisdiction/specialist-criminal-courts/matariki-court/">Matariki Court</a> allows an offender who has pleaded guilty to participate in a culturally appropriate rehabilitation programme. Ngahau Davis, head of Te Mana o Ngapuhi Kowhao Rau, which supports adults going through the Matariki court, explained it this way: </p>
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<p>Everybody wants to punish people - you’ve done wrong - but nobody is asking the question why. </p>
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<p>This approach does not mean ignoring the offending behaviour. In fact, our research underscores that the road to recovery and wellbeing is hard. It involves deep work to heal and restore balance from harms that have occurred.</p>
<p>Another research participant, Carly, shared how she tried and failed over many years to get support through official channels – either justice or health – for ongoing addiction and mental distress. Finally, she took drastic action. </p>
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<p>I woke up one morning, and I just wanted to die. I had a knife on me, so I walked into a dairy and held up the dairy worker at knifepoint. I climbed over the counter and said, “I’m coming over. I don’t want anything from you.” I took a packet of cigarettes, left the dairy, walked around the corner, and waited for the police to come. Then, I asked them to take me to prison.</p>
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<p>During the sentencing, Carly revealed, she and the judge were “both crying”. The judge acknowledged she had been trying to get help for a long time. But from a legal perspective, the only option was to send her back to prison.</p>
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<figcaption><span class="caption">Carly is one of our research participants who has kindly shared her story with the researchers.</span></figcaption>
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<h2>Change at every level</h2>
<p>As a starting point, the government needs to meet its responsibilities to te Tiriti o Waitangi-Treaty of Waitangi. Both the legal and health systems have failed to provide justice or equity for Māori.</p>
<p>Our research shows the impact of people being deprived of access to the basic needs of housing, food, school and connection to their culture and communities. If we took eradicating poverty seriously, we would undoubtedly see more whānau and communities thriving. </p>
<p>There is also a lack of recognition of tikanga, as well as other ways of knowing and being, that are important to Māori. </p>
<p>Shane White, operations manager at Hoani Waititi Marae told us:</p>
<blockquote>
<p>The government chased us hard to run a tikanga programme. Their want is for them not to re-offend. Our want is for them to be good Māori – to be part of their whānau, to be part of their hapū, to be down on the marae, and to have belonging, love and laughter. He won’t bother reoffending because he has a life now.</p>
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<p>The comment illustrates the power of a trauma-informed justice system – to move the goalposts from simply “stopping offending” to supporting people realise their full potential, with the capacity to connect with whānau and contribute meaningfully to their communities.</p>
<p>A trauma informed approach has the power to transform not just the way our justice system understands and responds to clients, but to imbue people with agency and self-determination as they move into well-resourced pathways of recovery and wellbeing.</p>
<p>By reframing the justice system’s approach to its most vulnerable clients, and acknowledging the power of trauma and poverty in their lives, the courts and associated agencies can offer meaningful and sustained support to those who need it most.</p><img src="https://counter.theconversation.com/content/224627/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Katey Thom and Stella Black, alongside our wider rōpū, received funding from the Michael and Suzanne Borrin Foundation for this research. </span></em></p><p class="fine-print"><em><span>Stella Black received funding from the Michael and Suzanne Borrin Foundation for this research project. </span></em></p>A major new report identifies how a ‘trauma-informed’ justice system would acknowledge and act on the deprivation and mental health problems experienced by so many offenders.Katey Thom, Associate professor, Auckland University of TechnologyStella Black, Kairangahau/Māori hauora and social justice researcher, Auckland University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2248462024-03-06T18:51:15Z2024-03-06T18:51:15ZChanges to NZ’s parole laws to improve rehabilitation could lead to even longer prison times<p>ACT’s recently proposed amendment to parole legislation fits with the party’s “restoring law and order and personal responsibility” platform enshrined in <a href="https://assets.nationbuilder.com/actnz/mailings/6945/attachments/original/National_ACT_Agreement.pdf">last year’s coalition agreement</a>. But the rule changes could cause more harm than good.</p>
<p>If passed into law, the <a href="https://www.parliament.nz/en/pb/sc/make-a-submission/document/54SCJUST_SCF_C9EBAF30-0B13-4F4A-408C-08DC2DC25B35/parole-mandatory-completion-of-rehabilitative-programmes">Parole (Mandatory Completion of Rehabilitative Programmes) Amendment Bill</a> would amend the Parole Act 2002. The changes would mean someone in prison could not get parole without completing a rehabilitative programme chosen for them by their case manager. </p>
<p>Introducing the bill to parliament, <a href="https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20240229_20240229_32">ACT MP Todd Stephenson said its goal</a> was to “provide hope for those incarcerated to rehabilitate themselves and actually reintegrate back into society”.</p>
<p>By making rehabilitation programme completion compulsory to be eligible for parole, the hope is people in prison will be incentivised to finish the programmes. Stephenson said introducing compulsory completion will have a positive impact on Aotearoa New Zealand’s high rates of recidivism and reincarceration. </p>
<p>It’s true, recidivism rates in Aotearoa New Zealand are <a href="https://www.justice.govt.nz/justice-sector-policy/key-initiatives/key-initiatives-archive/hapaitia-te-oranga-tangata/">extremely high</a>. But it’s also clear there are deeper problems with the rehabilitation system that legislation alone won’t solve.</p>
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<h2>Personal motivation is not enough</h2>
<p>The Parole Board already considers completion (or not) of rehab programmes when assessing parole eligibility. </p>
<p>But the reasons for people not completing such programmes go far deeper than a lack of personal motivation. Instead, there are systemic causes within the justice system.</p>
<p>Ara Poutama Aotearoa-Department of Corrections faces endemic operational and capacity issues.</p>
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Read more:
<a href="https://theconversation.com/prison-is-expensive-worth-remembering-when-we-oppose-parole-108445">Prison is expensive – worth remembering when we oppose parole</a>
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<p>The legislative amendment fails to recognise resourcing and access issues relating to prison rehab programmes, let alone the <a href="https://www.corrections.govt.nz/resources/research/journal/volume_5_issue_1_july_2017/what_works_in_correctional_rehabilitation_lessons_from_15_years_of_programme_outcomes_analysis">relatively low success rates</a> of these programmes in preventing reoffending generally.</p>
<p>The situation is likely to get worse. The government has asked all departments, including Corrections, to <a href="https://www.rnz.co.nz/news/political/507659/the-public-service-agencies-asked-to-cut-spending">cut spending by 6.5%</a>. These cuts come at a time that Corrections has been <a href="https://www.rnz.co.nz/national/programmes/checkpoint/audio/2018925118/corrections-facing-recruitment-and-retention-challenges">struggling to recruit and retain staff</a>. </p>
<h2>A near impossible hurdle</h2>
<p>The lack of adequate funding for rehab programmes will likely lead to some people being unable to get parole.</p>
<p>Concerns over these delays were already being raised by formerly incarcerated men who participated in a <a href="https://ojs.victoria.ac.nz/pq/article/view/8653/7703">2021 study</a>. </p>
<p>One of the participants reported waiting eight years before being able to enter his first rehabilitation programme. Another of his programmes was set to start after his parole hearing, despite not being able to get parole without completing the programme. </p>
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Read more:
<a href="https://theconversation.com/prison-turns-life-upside-down-giving-low-risk-prisoners-longer-to-prepare-for-their-sentences-would-benefit-everyone-189382">Prison turns life upside down – giving low-risk prisoners longer to prepare for their sentences would benefit everyone</a>
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<p>In some cases, the programmes inmates were encouraged to do were not even available in the prisons they were housed in.</p>
<p>The men in our study were not failing to complete programmes because they did not want to do them or lacked incentive. They were failing to complete programmes because of Corrections’ resourcing issues. </p>
<p>As one explained: </p>
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<p>If you’re trying to change someone, change … my opinion is change it from the beginning. Don’t wait … By the time I became eligible for these programmes it was too late. I’d clocked up charges. I’d clocked up assault charges.</p>
<p>I learnt nothing … I failed the programme twice … I didn’t have tools to deal with what I, what I accumulated over the years was embedded in me. I had no tools to try and help myself get out of it until later. I couldn’t comprehend what the programme was trying to teach me.</p>
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<p><a href="https://www.rnz.co.nz/news/national/448927/parole-board-says-prisoners-waiting-for-rehab-psych-help">Parole Board chair Sir Ron Young</a> and <a href="https://www.newshub.co.nz/home/shows/2021/11/prison-watchdog-blasts-corrections-over-lack-of-access-to-rehabilitation.html">Chief Ombudsman Peter Boshier</a> have both openly criticised Corrections’ inability to support people onto rehabilitation programmes in a timely manner. </p>
<h2>Time to pause the ammendment</h2>
<p>Finally, Māori are <a href="https://www.aljazeera.com/features/2016/6/2/why-are-there-so-many-maori-in-new-zealands-prisons">disproportionately represented</a> in the prison population and are already <a href="https://www.rnz.co.nz/news/national/448927/parole-board-says-prisoners-waiting-for-rehab-psych-help">less likely to complete rehabilitation programmes</a>. </p>
<p>There is a risk that ACT’s amendment will have a disproportionately negative impact on Māori communities and do little to change already dire prison statistics. </p>
<p>The bill has now been referred to the Justice Committee and is open for public submissions.</p>
<p>The government should push pause on this amendment, at least until it can resolve Corrections’ resourcing issues and provide sufficient access to rehabilitative programmes in prisons.</p><img src="https://counter.theconversation.com/content/224846/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Laura Johnstone is a member of People Against Prisons Aotearoa and a Board Member of Just Speak. </span></em></p>Understaffing and budget cuts mean prisoners often struggle to complete rehab programmes, even when they want to. ACT’s Parole Amendment Bill risks having the opposite of its intended effect.Laura Johnstone, PhD Candidate in Criminal Justice, University of CanterburyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2248422024-03-04T19:48:49Z2024-03-04T19:48:49ZPierre Poilievre’s proposed mandatory minimum penalties will not reduce crime<p>In recent months, federal Conservative leader Pierre Poilievre has repeatedly voiced support for discredited “tough on crime” policies that will ultimately fail. In February alone, Poilievre vowed to introduce <a href="https://www.justice.gc.ca/eng/rp-pr/jr/mmp-pmo/p1.html">mandatory minimum penalties (MMPs)</a> for <a href="https://globalnews.ca/news/10284840/poilievre-extortion-mandatory-minimum/#:%7E:text=Poilievre%20said%20the%20Conservatives%20would,of%20gangs%20or%20organized%20crime.%E2%80%9D">extortion</a> and <a href="https://www.cbc.ca/news/politics/poilievre-bail-auto-theft-crime-1.7105046">auto theft</a> offences.</p>
<p>Generally, criminal offences have a range of sentencing options (e.g. release with conditions, community service, fines, restitution orders, parole, “house arrest” or imprisonment) with a maximum penalty set by the law. Judges then determine a fit sentence that reflects the degree of responsibility of the offender and gravity of what they actually did. </p>
<p>Instead, with MMPs, Parliament removes judicial discretion for any sentencing option other than imprisonment and imposes a minimum term of incarceration, regardless of the facts of the case. </p>
<p>As a criminal law professor and advocate for victims of crime, including a time advising former Conservative Prime Minister Stephen Harper, I used to be a proponent of MMPs. But as I’ve learned more about the unintended consequences of MMPs and harshness of imprisonment in my research, including interviews with people who were incarcerated, I’ve become convinced that MMPs are a grave policy failure and cheap politics.</p>
<p>The evidence shows that MMPs are ineffective at reducing crime, may actually increase recidivism, are highly vulnerable to being struck down by the courts as unconstitutional, can increase delays in an overburdened system, and perpetuate systemic racism.</p>
<p>Criminological research has consistently found that harsher sentences have “<a href="https://www.jstor.org/stable/1147698">no effect on the level of crime in society</a>.” Alarmingly, MMPs have also contributed to <a href="https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2017/oct02.html">higher rates of incarceration</a> of Indigenous people and Black Canadians, exacerbating already troubling trends.</p>
<p>In addition, research by <a href="https://www150.statcan.gc.ca/n1/en/pub/85-002-x/2017001/article/54844-eng.pdf?st=nRM6SFsI">Statistics Canada</a> found “no evidence that MMPs have deterred crime; rather, some studies suggest that MMPs can result in overly harsh penalties and disparities, that they increase costs to the criminal justice system as a result of higher levels of incarceration, and that lengthier sentencing may actually increase recidivism.” </p>
<p>In other words, Poilievre’s idea may actually backfire, leading to more crime in the long term.</p>
<h2>Supreme Court strikes down MMPs</h2>
<p>Poilievre’s MMPs are not a new idea. They’re an old, tired idea, exposing a lack of understanding of <a href="https://www.theglobeandmail.com/opinion/article-from-tough-on-crime-to-a-new-transformative-vision-for-canadas-justice/">evidence-based policies</a> that will actually make us all safer.</p>
<p>In 1987, there were just nine MMPs on the books in Canada. Since 1996, they have proliferated, with the number of MMPs escalating significantly under the Harper government. With the adoption of the Safe Streets and Communities Act in 2012, the number of MMPs in the Criminal Code <a href="https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1235&context=sclr">approached 100</a>. </p>
<p>The Supreme Court of Canada continues to strike down numerous Harper-era MMPs and related tough-on-crime measures for violating the <a href="https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/">Canadian Charter of Rights and Freedoms</a>, including:</p>
<ul>
<li><p>In the 2015 case, <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15272/index.do"><em>R. v. Nur</em></a>, which concerned mandatory minimum sentences for possessing a prohibited or restricted firearm, the court described MMPs as “a blunt instrument.”</p></li>
<li><p>In the 2016 case, <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15859/index.do"><em>R. v. Lloyd</em></a>, then Chief Justice Beverley McLachlin made this damning observation: “The reality is that mandatory minimum sentences for offences that can be committed in many ways and under many different circumstances by a wide range of people are constitutionally vulnerable because they will almost inevitably catch situations where the prescribed mandatory minimum would require an unconstitutional sentence.”</p></li>
<li><p>In <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/19538/index.do"><em>R. v. Ndhlovu</em></a>, a 2022 case concerning mandatory lifetime registration in the national sex offender registry, the court stated that “mandatory registration of those offenders who are not at an increased risk of reoffending does not assist police.”</p></li>
<li><p>In the 2023 case, <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/19638/index.do?q=youth"><em>R. v. Hills</em></a>, a four-year mandatory MMP for discharging a firearm into or at a home was repealed after the appeal was heard, but the Court nevertheless ruled, finding it unconstitutional. The court’s majority opinion stated: “it would shock the conscience of Canadians to learn that an offender can receive four years of imprisonment for firing a paintball gun at a home.” </p></li>
</ul>
<p>However, in a companion case in <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19639/index.do"><em>R. v. Hilbach</em></a>, the Court upheld mandatory minimum sentences for robbery since they were found to be “narrowly defined and limited in scope.” This case is an exception to the clear trend over the last decade of MMPs being struck down as unconstitutional.</p>
<p>Other Harper-era tough-on-crime measures have also been struck down in cases such as <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17416/index.do"><em>R. v. Boudreault</em></a> and <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/19405/index.do?site_preference=normal"><em>R. v. Bissonnette</em></a>.</p>
<h2>MMPs increase delays in justice system</h2>
<p>Despite this raft of MMP losses, <a href="https://www.cbc.ca/news/politics/poilievre-bail-auto-theft-crime-1.7105046#:%7E:text=%22My%20legislation%20is%20Charter%2Dproof,It's%20Justin%20Trudeau.%22&text=Former%20prime%20minister%20Stephen%20Harper,been%20overturned%20by%20the%20courts.">Poilievre insists</a> his “legislation is Charter-proof and constitutionally sound.” He’s made <a href="https://www.cbc.ca/news/politics/polievre-jail-bail-constitutional-experts-1.6847941#:%7E:text=Conservative%20Party%20Leader%20Pierre%20Poilievre,it%20would%20likely%20be%20unconstitutional">similar claims before</a> about other constitutionally suspect proposals. </p>
<p>If history is any judge, Poilievre’s MMPs may not be worth the paper they’re printed on. What’s worse, even if they do pass constitutional muster, they will only exacerbate the existential challenges facing the criminal justice system.</p>
<p>Former Justice Canada lawyer David Daubney <a href="https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1235&context=sclr">cautioned in 2012</a> about the expansion of MMPs at the time. His words ring true today:</p>
<blockquote>
<p>“The proliferation of mandatory minimum sentencing will lead to fewer guilty pleas, significant processing delays, big increases in the number of accused persons awaiting trial in already overcrowded provincial remand facilities and just plain injustice as discretion is moved from judges to prosecutors. There will be many more Charter challenges and acquittals. Canadians will be less safe.”</p>
</blockquote>
<p>While MMPs are widely believed to be popular with more conservative voters, there may be cracks among voters on this issue. <a href="https://www.justice.gc.ca/eng/rp-pr/jr/rg-rco/2018/mar02.html">A 2018 Justice Canada study</a> revealed 90 per cent of Canadians believed that judges should have the flexibility to impose a sentence that is less than the mandatory minimum. Participants described jail as an “inappropriate measure that would likely ‘do more harm than good’ and result in ‘better criminals’, rather than successfully integrating members of society.” </p>
<p>Politicians peddling flawed criminal justice policies like mandatory minimum penalties need to have their ideas publicly called out and confronted.</p>
<p><em>Prof. Benjamin Perrin is the author of Indictment: The Criminal Justice System on Trial (UTP, 2023)</em></p><img src="https://counter.theconversation.com/content/224842/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Benjamin Perrin receives funding from the Law Foundation of British Columbia.</span></em></p>Pierre Poilievre’s “tough-on-crime” rhetoric relies on discredited ideas that can lead to overly harsh penalties and actually increase crime.Benjamin Perrin, Professor of Law, University of British ColumbiaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2248882024-03-01T18:33:43Z2024-03-01T18:33:43ZGhana’s new anti-homosexuality bill violates everyone’s rights, not just LGBTIQ+ people - expert<p>Ghana’s new <a href="https://edition.cnn.com/2024/02/28/africa/ghana-passes-anti-homosexuality-bill-intl/index.html">anti-homosexuality bill</a> infringes several rights and freedoms, not only of lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) people but of heterosexuals too. The bill has been in the works since 2021 when it was tabled in parliament as a <a href="https://www.graphic.com.gh/features/opinion/private-member-s-bill-key-to-parliamentary-effectiveness.html">private member’s bill</a>.</p>
<p>The objective of the <a href="https://cdn.modernghana.com/files/722202192224-0h830n4ayt-lgbt-bill.pdf">Human Sexual Rights and Family Values Bill</a> is</p>
<blockquote>
<p>to provide for human sexual rights and family values and for related matters.</p>
</blockquote>
<p>At the heart of the contention about the proposed law is the question of discrimination, its purpose and its effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.</p>
<p>The title of the bill, obviously, is ironic because the law rather sets out to deny the right to sexuality and related rights to LGBTIQ+ people and to criminalise their actions. The key action which is criminalised is consensual sexual relations between two homosexual adults.</p>
<p>The bill defines such practices, linking them to similar provisions in the <a href="https://ir.parliament.gh/bitstream/handle/123456789/2433/ACT%2030.pdf?sequence=1&isAllowed=y">Criminal and Other Offences Act of Ghana</a>. Interestingly, it also criminalises and denies other acts, such as oral sex, which heterosexual couples also do to homosexuals and lesbians. The LGBTIQ+ community is also prohibited from marriage and from adopting or fostering.</p>
<p>If the president signs the legislation, Ghana will join <a href="http://www.globalequality.org/component/content/article/166">36 African countries</a> where homosexuality is illegal. It’s punishable by death in <a href="https://www.fairplanet.org/story/death-penalty-homosexualty-illegal/">some countries </a>, including Nigeria and Mauritania. So, Africa remains a tough place for LGBTIQ+ people. But there has been some progress in countries like South Africa and <a href="https://healthpolicy-watch.news/mauritius-supreme-court-throws-out-colonial-anti-gay-law/">Mauritius </a> where colonial era laws have been repealed.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/mauritius-is-the-latest-nation-to-decriminalise-same-sex-relations-in-a-divided-continent-215270">Mauritius is the latest nation to decriminalise same-sex relations in a divided continent</a>
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<p>As a scholar of international human rights law, I believe this bill will infringe the right to privacy, right to health, freedom of association and expression, and press freedom. It will also impinge on the rights of teachers, lecturers, civil society activists and citizens who share content on social media platforms that the bill deems illegal. </p>
<h2>Compromising key freedoms</h2>
<p>The bill’s criminalisation of consensual sexual relations between two homosexual adults and imposition of sentence of three years on violators of that provision of the law is prohibitive and disproportionate. The practice should not be criminalised, but if at all, violation should at best attract a non-custodial sentence, for example a fine or community work. The LGBTIQ+ community has the right to be treated with dignity. The fact that someone is gay should not lead to a loss of his/her humanity.</p>
<p>Moreover, since the only way the criminalisation of consensual sex can be enforced is by “peeking through the window”, this will infringe on the right to privacy.</p>
<p>There has been many instances where members of the LGBTIQ+ community, and even those who the society consider as such but are not, have been <a href="https://www.theguardian.com/global-development/2021/jul/13/arrested-abused-and-accused-wave-of-repression-targets-lgbt-ghanaians">arrested </a>and subjected to acts of molestation, abuse, torture and <a href="https://www.hrw.org/news/2021/09/20/ghana-lgbt-activists-face-hardships-after-detention">other forms of violence</a> and <a href="https://www.losangelesblade.com/2024/02/05/man-in-ghana-assaulted-for-being-gay/">extrajudicial measures</a> which constitute a violation of their right to dignity. Some are even killed. The vigilante groups that effect these arrests also have the habit of extorting money from the alleged perpetrators of LGBTIQ+ practices. Where the “suspects” end up at the police station, the police have also resorted to extortion of large sums of money from the suspects before letting them go. </p>
<p>The law seeks to avert such occurrences by imposing a term of imprisonment of between six months to three years for anyone who harasses someone accused of being LGBTIQ+. However, this is a feeble attempt by the sponsors of the bill to appease or assure the LGBTIQ+ community. </p>
<p>The forced disbandment of LGBTIQ+ associations in Ghana, will constitute a violation of the right to freedom of association and freedom of expression, among others. It has been abused in a number of instances and is likely to be further abused even more. The provision that seeks to make owners of digital platforms or physical premises in which LGBTIQ+ groups organise guilty of promoting LGBTIQ+ activities violates the right to freedom of association and expression, among others. </p>
<p>Also, the provision on imposing harsh sentences on teachers and other educators who talk about LGBTIQ+ in the classroom is likely to infringe on the right to academic freedom and the right to education. Further, the imposition of six to 10 years of imprisonment for anyone who produces, procures, or distributes material deemed to be promoting LGBTIQ+ activities is likely to lead to the abuse of the right to freedom of expression, information and education and even press freedom. The same goes with the provision on criminalising the “public show of romantic relations” between people of the same sex, even including cross-dressing.</p>
<p>What is important to also note is that the law is not made to restrict or violate the rights of the LGBTIQ+ community only. Teachers, lecturers, media personnel and civil society activists, people who share content over social media platforms, or broadcast content on LGBTIQ+ are also going to be held criminally responsible.</p>
<h2>Presidential or constitutional challenge</h2>
<p>I propose that President Nana Akufo-Addo should not assent to the law as it is, relying on <a href="https://lawsghana.com/constitution/Republic/constitution_content/113">article 108</a> of the 1992 Constitution since, being a private members bill, it has likely financial implications for the state. Thus, relying on <a href="https://www.hrw.org/news/2021/09/20/ghana-lgbt-activists-face-hardships-after-detention">article 106</a>, he can refer the bill to his highest advisory body (<a href="https://cos.gov.gh/">Council of State</a>) for its advice. Otherwise, he has the power to state in a memo to the Speaker of Parliament any specific provisions of the bill which in his opinion should be reconsidered by Parliament. </p>
<p>If he does not, the matter can be taken to a Human Rights Court by a citizen, relying on <a href="https://lawsghana.com/constitution/Republic/constitution_content/38#:%7E:text=(5)%20The%20rights%2C%20duties,freedom%20and%20dignity%20of%20man.">article 33(5)</a>of the Constitution, which provides that “the rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man.” </p>
<p>The other option is to go straight to the Supreme Court to challenge the constitutionality of the bill.</p><img src="https://counter.theconversation.com/content/224888/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kwadwo Appiagyei-Atua does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Ghana’s anti-gay bill will affect heterosexual’s tooKwadwo Appiagyei-Atua, Associate Professor of Law, University of GhanaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2205982024-02-22T22:32:57Z2024-02-22T22:32:57ZDo pre-sentencing reports really help Black offenders in Canada’s justice system?<figure><img src="https://images.theconversation.com/files/577425/original/file-20240222-28-fnla2o.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C4898%2C3255&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Impact of race and culture assessment reports (IRCAs) are meant to give judges context with the aim of ultimately creating a more equitable and fair criminal justice system.</span> <span class="attribution"><span class="source">(Shutterstock)</span></span></figcaption></figure><p>Canadian courts are increasingly applying <a href="https://www.legalaid.on.ca/irca/">Impact of Race and Culture Assessment reports (IRCAs)</a>, otherwise known as Enhanced Pre-Sentence Reports, when sentencing offenders. IRCA reports help sentencing judges better understand how systemic racism has influenced and even limited the offender’s life choices and trajectory. </p>
<p>Their use has been much debated among academics, lawyers, parole and probation officers, community workers, social workers, other clinicians and offenders. These reports are said to <a href="https://theconversation.com/equitable-sentencing-can-mitigate-anti-black-racism-in-canadas-justice-system-217515">address anti-Black racism in the justice system</a> by outlining for the courts <a href="https://ccla.org/wp-content/uploads/2021/12/Anti-Black-Racism-Fact-Sheet-2021.pdf">the myriad ways in which systemic anti-Black racism</a> has influenced the life of the offender. </p>
<p>They are meant to provide judges with context and insights with the aim of mitigating sentences and ultimately creating a more equitable and fair criminal justice system.</p>
<p>As an author of the <a href="https://www.canlii.org/en/on/onsc/doc/2018/2018onsc5186/2018onsc5186.html">IRCA report</a> that helped set a precedent in Ontario for their use, I present a critical perspective on the issue with IRCAs, their potency and their potential. </p>
<p><a href="https://www.justice.gc.ca/eng/fund-fina/gov-gouv/supporting-soutien.html">Given the relative novelty of IRCAs in Ontario and the investments made in them</a>, we need to ask whether they are in fact doing, systemically, what they were developed to do. Moreover, we should also question whether it is even possible for IRCAs to function in the transformative manner advocates have envisioned.</p>
<h2><em>R. v. Morris</em></h2>
<p>In 2017, through a series of interviews, document reviews and research, I conducted an assessment on Kevin Morris, then an inmate at Maplehurst Correctional Complex in Milton, Ont. awaiting his sentencing hearing. <a href="https://www.cbc.ca/news/canada/toronto/r-v-morris-anti-black-racism-ontario-court-1.6205252">He was convicted</a> for possession of a restricted handgun and carrying a concealed weapon.</p>
<p>At the prison, I sat with Morris as he explained his family history, upbringing, traumas and values. Among other things, he described his experiences as a young boy in school, in his neighbourhood, with the Children’s Aid Society and his identity-shaping interactions with teachers and the police. </p>
<p>This guided tour through his life revealed how anti-Black racism shaped his life, his outlook and his self-concept. Systemic and economic inequities characterized the poverty his parents faced. In addition, his father’s death left him fatherless at a very young age. As a single parent and sole provider, his mother was also often absent from the home, working long hours for minimum wages, which in turn impacted how Morris was parented. </p>
<p><a href="https://www.ohrc.on.ca/en/interrupted-childhoods#4.2.Black%20children">Black families are more likely to be reported to and investigated</a> by the Children’s Aid Society, and so it was no surprise that Morris experienced several child welfare interruptions throughout his childhood.</p>
<p>These were initiated by the school he attended where, Morris shared, he came to see himself as not smart, not worthy, not civilized, not wanted and not destined for success by any measure.</p>
<p>Morris’s social history was consistent with the experiences of many Black Canadians in the following ways:</p>
<p>▪ <a href="https://www.povertyinstitute.ca/bhm2023">According to the 2021 Census</a>, 12.4 per cent of Black Canadians were living in poor households, compared to just 8.1 per cent of the total population. In Toronto, Black people have long been over-represented in neighbourhoods <a href="http://3cities.neighbourhoodchange.ca/wp-content/themes/3-Cities/pdfs/three-cities-in-toronto.pdf">most plagued by poverty</a> and the associated violence, heightened surveillance and other forms of disadvantage.</p>
<p>▪ Black students are <a href="https://theconversation.com/the-crisis-of-anti-black-racism-in-schools-persists-across-generations-120856">largely disengaged by the Canadian curriculum</a> which does not reflect their identities or affirm their presence in an integrated, positive or substantial manner.</p>
<p>▪ Black students are <a href="https://theconversation.com/to-resolve-youth-violence-canada-must-move-beyond-policing-and-prison-190825">significantly more likely to be expelled</a> than their white counterparts or other racialized students. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-crisis-of-anti-black-racism-in-schools-persists-across-generations-120856">The crisis of anti-Black racism in schools persists across generations</a>
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<h2>Response to the decision</h2>
<p>The case set a legal precedent when Superior Court Justice Shaun Nakatsuru made the groundbreaking decision to use the IRCA to significantly reduce Morris’s sentence. The Crown had sought a prison sentence of four years. However, after considering the IRCA, Justice Nakatsuru sentenced Morris to 15 months. This was then reduced to 12 months because the police breached his Charter rights. At the time of his sentencing, Morris had already served all but one day in pretrial detention and was released the next day. </p>
<p>The Crown <a href="https://www.cbc.ca/news/canada/edmonton/black-indigenous-offenders-gladue-enhanced-pre-sentence-reports-1.5951638">appealed the decision</a>, and in 2021, the Ontario Court of Appeal <a href="https://www.canlii.org/en/on/onca/doc/2021/2021onca680/2021onca680.html?resultIndex=1">doubled Morris’ sentence</a>. Although the sentence was eventually stayed, it sent a clear message: decisions like Justice Nakatsuru’s, that actually attempt to factor in the consequences of anti-Black racism, would not be tolerated. </p>
<p>As part of its decision, <a href="https://www.theglobeandmail.com/opinion/article-ontarios-top-court-says-anti-black-racism-should-be-considered-in-the/">the Court of Appeal declared</a>: </p>
<blockquote>
<p>“Frank acknowledgement of the existence of, and harm caused by, systemic anti-Black racism, combined with a careful consideration of the kind of evidence adduced in this case, will go some distance toward disassociating the sentencing process from society’s complicity in anti-Black racism.” </p>
</blockquote>
<p>But how does mere acknowledgement without corresponding action bring about change?</p>
<h2>Systemic anti-Blackness</h2>
<p>In the words of anti-Black racism scholar, Michael J. Dumas, “<a href="http://dx.doi.org/10.1080/00405841.2016.1116852">in all the theorizing on anti-Blackness, there is a concern with what it means to have one’s very existence as Black constructed as problem — for white people, for the public (good), for the nation-state</a>.”</p>
<p>In the public imaginary, Blackness is synonymous with public threat, deviance and moral deficiency. Unfortunately, <a href="https://www.thecourt.ca/r-v-morris-systemic-racism-and-the-sentencing-of-black-offenders/">the courts are not yet at a place where they can conceive of a version of justice</a> that <a href="https://www.uwindsor.ca/law/2909/morris-modest-step-forward-and-call-action">abandons its focus on Black offender’s moral blameworthiness and the administration of punishment</a>, and instead, centres restoration and the elimination of systemic factors that create criminality. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/young-black-men-in-canada-face-racism-ageism-and-classism-when-looking-for-work-220537">Young Black men in Canada face racism, ageism and classism when looking for work</a>
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<p>Morris’s case illustrates <a href="https://www.blacklegalactioncentre.ca/r-v-morris/">IRCAs are not the liberatory device they were intended to be</a> because there is no institutional buy-in. The courts are happy to listen to Black offenders’ stories of hardship and appear benevolent, but far less eager to institute system-wide change or reframe practices to account for the state’s role in contributing to criminality.</p>
<p>Until the justice system reckons with its systemic racism, IRCAs will fail to shift the way the courts see Black offenders. Indeed, IRCAs will continue to be a voyeuristic exercise that reinforces popular deficit narratives about Black people and obscures the system’s failures.</p>
<p>Achieving racial equity in criminal justice requires the mitigation of sentencing as a reflective, conscientious undertaking rather than an act of pity or benevolence that wilfully disregards the culpability of the system itself. In fact, a true reckoning for the impact of Canada’s racism would make IRCA’s obsolete.</p><img src="https://counter.theconversation.com/content/220598/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Camisha Sibblis does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Until the justice system reckons with its systemic racism, pre-sentencing reports will fail to shift the way the courts see Black offenders.Camisha Sibblis, Assistant Professor of Sociology and Criminology/Director of the Black Studies Institute, University of WindsorLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2221572024-01-31T23:19:39Z2024-01-31T23:19:39ZMost prisoners never receive visitors, and this puts them at a higher risk of reoffending<figure><img src="https://images.theconversation.com/files/572078/original/file-20240130-17-whpdmt.jpg?ixlib=rb-1.1.0&rect=30%2C22%2C5026%2C3684&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/young-girl-woman-looking-forward-meeting-1436726906">Shutterstock</a></span></figcaption></figure><blockquote>
<p>It was like walking through the gates of hell. </p>
</blockquote>
<p>That’s what one visitor to a prison told us about their experience. It can be a traumatic and stressful event. Family members of first-time prisoners are most often left in a state of uncertainty about what happens next. This is coupled with the feelings of loss, devastation, and disbelief, as explained by one participant in <a href="https://dx.doi.org/10.1080/13218719.2023.2272910">our research</a>: </p>
<blockquote>
<p>It was a smack in the face. I was not expecting it at all […] I was pretty devastated and felt pretty alone and vulnerable. I had no idea what went wrong.</p>
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<p>We found misinformation and limited information of visitation rules and processes help create such negative experiences for visitors. Some stopped going altogether.</p>
<p>This is important to address because visitation is a crucial factor in helping prevent reoffending, but also to maintaining good mental health for those behind bars. </p>
<h2>Visits crucial for prisoners</h2>
<p>In 2021 and 2022, our research team conducted in-depth interviews with 21 participants from across Australia about the barriers to prison visitation and what their visiting experiences were like.</p>
<p>We wanted to investigate this because of the high rates of recidivism among Australian prisoners. Visitation has been shown to help with this.</p>
<p><a href="https://www.sentencingcouncil.vic.gov.au/sentencing-statistics/released-prisoners-returning-to-prison">42.7% of prisoners</a> in Australia are reincarcerated within two years.</p>
<p>We also know that prison visitation has been found to <a href="https://doi.org/10.1016/j.jcrimjus.2016.07.006">reduce prisoners’ risk</a> of reincarceration by 26%. Despite this, <a href="https://dx.doi.org/10.1080/13218719.2023.2272910">most prisoners</a> never get any visitors. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A phone on a metal cord on one side of a glass visitor booth in a prison" src="https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/572088/original/file-20240130-16-cofmi2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Many prisoners never get visitors.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/visiting-boothspenitentiary-area-maximum-security-detainees-1095129356">Shutterstock</a></span>
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<p>Having visitors while in jail has other benefits too. For one, it helps prisoners to <a href="https://doi.org/10.1080/07418825.2010.498383">conform to prison life</a>. </p>
<p>It also reduces <a href="https://doi.org/10.1080/%2007418825.2018.1508606">prison violence</a>, <a href="https://doi.org/10.1177/107834580301000310">mental health problems</a>, <a href="https://doi.org/10.1086/449299">suicidal tendencies</a> and <a href="https://doi.org/10.1177/0022427808317574">misbehaviour</a>. </p>
<p>Additionally, visitation helps prisoners <a href="https://doi.org/10.1016/j.jcrimjus.2013.05.001">maintain prosocial roles</a> (like being a parent) and <a href="https://doi.org/10.1016/j.jcrimjus.2012.06.007">build optimism</a> for life once they’re released. </p>
<p>We wanted to understand why prison visits might be prevented or delayed. As such, we looked at how people new to prison visitation learn to navigate the system. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/new-report-reveals-shocking-state-of-prisoner-health-heres-what-needs-to-be-done-217558">New report reveals shocking state of prisoner health. Here's what needs to be done</a>
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<h2>Information confusing and hard to find</h2>
<p><a href="https://dx.doi.org/10.1080/13218719.2023.2272910">We found</a> visitation rules and procedures can differ between jurisdictions and within jurisdictions. They can also be different between low, medium, and maximum prisons, and even between public and private prisons. </p>
<p>Furthermore, prisoners are transferred between prisons an average of three times during their sentence. Therefore, visitors may need to learn new rules each transfer. </p>
<p>Being new to the visitation process, most participants expressed feeling lost, overwhelmed, mentally fatigued, helpless and alone, desperate for any information. One participant told us: </p>
<blockquote>
<p>I’ve never had anything to do with any of this before [he] went to prison. I knew nothing about police, courts, prisons or anything. When [he] went in I was a mess because no one told me anything […] I think it was maybe day three or four of him being in there and I had the worst nightmare I’ve ever had about stuff, you know, happening to him in there and him being killed. Yeah, after that it was a downward spiral for me pretty fast […]</p>
</blockquote>
<p>Even before visitors needed to learn the rules and procedures, participants suffered stress from social isolation, financial hardship, the loss of their loved one and media coverage due to the court case. </p>
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<p>
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<strong>
Read more:
<a href="https://theconversation.com/they-werent-there-when-i-needed-them-we-asked-former-prisoners-what-happens-when-support-services-fail-208949">‘They weren’t there when I needed them’: we asked former prisoners what happens when support services fail</a>
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<p>Chronic stress can lead to structural changes in the part of the brain responsible for memory and decision making. Additionally, chronic stress can impair a person’s cognitive flexibility, hindering their ability to adapt to change and find information. This is a normal response when people find themselves in uncertain situations.</p>
<p>Furthermore, chronic stress can precipitate or exacerbate <a href="https://dx.doi.org/10.1080/13218719.2023.2272910">mental health problems</a>, as well as increase feelings of helplessness and/or hopelessness. This can negatively impact a person’s ability to concentrate and learn new information.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A hallway of barred prison cells in a prison" src="https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/572090/original/file-20240130-27-s97h2z.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A large portion of prisoners in Australia reoffend after being released.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/san-francisco-california-united-states-august-630056831">Shutterstock</a></span>
</figcaption>
</figure>
<p>Most participants described their efforts to get the right information as confusing. Important details that had a direct impact on whether their visit was approved, cancellations, or traumatic visitation experience were omitted from the website or the phone conversations they had with corrections officers. A participant said:</p>
<blockquote>
<p>There was no information about him needing to put me on the approved visitor list and that I would not be approved until he did this.</p>
</blockquote>
<p>Another was deterred from visiting altogether:</p>
<blockquote>
<p>I quickly learned not to bother […] you get in trouble when you go visit because you don’t have something you need, or you have worn inappropriate clothing because you got wrong information from them.</p>
</blockquote>
<p>Almost all participants expressed distrust in the available information from prisons due to their negative experiences. Instead, they rely on advice provided by strangers on social media support groups specifically set-up for families of prisoners. </p>
<h2>Small changes for a big difference</h2>
<p>To improve prison visitors’ access to reliable and correct information, and ensure they are adequately supported during this stressful period, our participants made these recommendations:</p>
<ul>
<li><p>a visitation liaison person in the court to provide advice and support after sentencing</p></li>
<li><p>a visitation information support pack that can be provided to family members immediately after sentencing (if in court) or by post</p></li>
<li><p>a short demonstration video of the visitation procedure online</p></li>
<li><p>corrections/prisons to share information with the online support groups to allow them to quickly communicate changes to visitation rules and procedures, as well as any unplanned changes to visitation hours. </p></li>
</ul>
<p>These recommendations have merit and could help to increase the number and frequency of prisoners being visited, as well as help to reduce stress among visitors. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/giving-ex-prisoners-public-housing-cuts-crime-and-re-incarceration-and-saves-money-180027">Giving ex-prisoners public housing cuts crime and re-incarceration – and saves money</a>
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<img src="https://counter.theconversation.com/content/222157/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Receiving visitors while behind bars was a raft of benefits, but people have reported many barriers. It must be made easier to help drive down recidivism rates.Nicole Ryan, Associate Lecturer of Criminology, La Trobe UniversityNathan Ryan, Doctor of Criminology, Australian Catholic UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2188212023-12-09T00:30:10Z2023-12-09T00:30:10ZInquest into Soleiman Faqiri’s death at an Ontario ‘super jail’ reignites calls for reform<iframe style="width: 100%; height: 100px; border: none; position: relative; z-index: 1;" allowtransparency="" allow="clipboard-read; clipboard-write" src="https://narrations.ad-auris.com/widget/the-conversation-canada/inquest-into-soleiman-faqiris-death-at-an-ontario-super-jail-reignites-calls-for-reform" width="100%" height="400"></iframe>
<p>Imagine your family member is experiencing a mental health crisis, but instead of being treated at a mental health facility, they are locked inside a <a href="https://www.kawartha411.ca/2019/10/24/eight-inmates-have-died-at-central-east-correctional-centre-in-less-than-two-years/">notorious provincial jail</a>. You go to help by bringing their medication and medical records but are turned away again and again. Days later, a knock at the door brings the devastating news that your loved one is dead.</p>
<p>The Faqiri family has been living this nightmare for the last seven years. They had come to Canada as <a href="https://www.theglobeandmail.com/opinion/article-after-my-brothers-death-in-prison-my-family-has-lost-faith-in-the/">refugees from Afghanistan</a> in the early 1990s hoping for a better life. </p>
<p>On Dec. 15, 2016, 30-year-old Soleiman Faqiri died at the Central East Correctional Centre, a “<a href="https://www.thestar.com/news/gta/why-wasn-t-soleiman-faqiri-sent-to-hospital-inquest-reveals-jailhouse-dysfunction-ahead-of-mentally/article_e0c8b78c-b381-535c-b798-346839d42aab.html">super jail</a>” in Lindsay, Ont. </p>
<p>He had been repeatedly struck by guards, pepper sprayed twice, his face covered in a “spit hood” and forced onto his stomach in a prone restraint position. He had earlier been arrested for allegedly stabbing a neighbour during a mental health episode. </p>
<p>The <a href="https://www.cbc.ca/news/canada/toronto/soleiman-faqiri-inquest-day-15-homicide-1.7053159">coroner’s inquest</a> into Faqiri’s death is concluding with Ontario coroner’s counsel calling his death a homicide and making 55 recommendations for jurors to consider to prevent further deaths. The inquest saw <a href="https://www.cbc.ca/news/canada/toronto/soleiman-faqiri-video-inquest-1.7033938">graphic and disturbing</a> video evidence and <a href="https://www.cbc.ca/news/canada/toronto/soleiman-faqiri-inquest-day-12-thibeault-1.7049636">witness testimony</a> of the final days and moments of his life, and the brutal force used against him by corrections officers. </p>
<p>Coroner’s counsel Prabhu Rajan told jurors at the inquest that Faqiri’s death was a “preventable tragedy” and that evidence points in the direction of homicide.</p>
<p>In 2022, the Ontario Provincial Police told Faqiri’s family they would not be laying any charges against the guards involved in his death, saying there was “<a href="https://www.cbc.ca/news/canada/toronto/soleiman-faqiri-no-charges-1.6558485">insufficient evidence</a>” to do so.</p>
<p>The inquest has reignited concerns surrounding the use of force and deaths in custody of people experiencing mental health distress. This tragic case serves as a poignant reminder that our current approach to dealing with mental health issues within the prison system is deeply flawed, and demands immediate attention and reform from federal, provincial and territorial governments.</p>
<h2>Elevated risk of death in custody for people with mental health issues</h2>
<p>Faqiri’s death in custody is not an isolated incident. Studies have shown that a significant number of deaths in custody involve mental health issues. Tragically, federally incarcerated individuals are <a href="https://www.criminallegalnews.org/media/publications/canadian_deaths_in_custody_report_2007.pdf">eight times</a> more likely to die from homicide and suicide than the general population. </p>
<p>In one study, <a href="https://doi.org/10.1016/j.jflm.2017.03.002">researchers examined 478 deaths</a> in custody in Ontario between 1996 and 2010. They found that around “half of all deaths in custody occurred among those with a history of mental illness or substance use and those deaths disproportionately occurred in local police or provincial custody.” </p>
<p>Canada has formally abolished the death penalty as a legal sanction, yet it effectively remains in place for many people with mental illness who are incarcerated.</p>
<p>Individuals with mental health issues face elevated risks in correctional facilities, where force is often used to control inmates. From restraint equipment to pepper spray, the arsenal of tools employed by corrections officers can exacerbate the trauma and distress of those already struggling with mental health disorders. </p>
<p>Moreover, the conditions of incarceration, including overcrowding and double-bunking, contribute to heightened stress, anxiety and incidents of self-harm and suicidal behaviour.</p>
<p>The 2020-21 annual report by the federal correctional investigator, Ivan Zinger, revealed that a staggering <a href="https://oci-bec.gc.ca/en/content/office-correctional-investigator-annual-report-2020-2021">41 per cent</a> of use-of-force incidents in federal prisons involve individuals with documented mental health conditions. However, this likely underestimates the true extent of the problem, as reliable data from the Correctional Service of Canada on mental health indicators is lacking.</p>
<p>Another disturbing aspect highlighted by Zinger is the overuse of pepper spray, a practice particularly cruel and traumatic for individuals with serious mental health conditions. He recounted a case where a certified individual undergoing a health procedure was subjected to two bursts of pepper spray, handcuffs and “physical handling.”</p>
<p><a href="https://johnhoward.on.ca/wp-content/uploads/2021/01/Broken-Record.pdf">A report</a> from the John Howard Society found that common behaviour and symptoms of severe mental health disorders (like bipolar or schizoaffective disorder) can be misinterpreted by corrections staff, leading to increased disciplinary sanctions and use of segregation. </p>
<h2>Independent investigators</h2>
<p>While we have an independent corrections investigator for federal institutions, there is no comparably empowered independent watchdog for provincial jails. This must change. </p>
<p>Additionally, Canada has so far refused to join 90 other countries that have ratified the <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/optional-protocol-convention-against-torture-and-other-cruel">United Nations Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment</a>. The protocol requires countries to open up all places of detention to independent national and international inspections. We need greater transparency and accountability, and to fundamentally change how incarcerated people are treated.</p>
<p>Faqiri’s death is a haunting example of the fatal consequences of the criminal justice system being used to address mental health issues. Despite the <a href="https://www.thestar.com/opinion/contributors/canada-s-prisons-are-failing-the-mentally-ill/article_a98ee7cb-22fb-583b-9bc6-558394d217a3.html">coroner’s report</a> detailing the severe mistreatment leading to his death, the lack of accountability so far is deeply troubling.</p>
<p>The systemic issues plaguing our correctional facilities need to be addressed and the mental well-being of those in custody must be prioritized. Reform should focus on providing medically and culturally-appropriate trauma-informed treatment, medication and therapies in a supportive environment, rather than in prisons that exacerbate the challenges faced by individuals with mental health issues.</p>
<p>Evidence-based community mental health services are also vital to better meet the needs of people with mental health issues while protecting society. Where such services are not provided, there is an elevated risk of harm. Prevention is key.</p>
<p>“People who have a psychotic illness who are treated have the same or lower rates of violence than the general population,” Sandy Simpson, chair in forensic psychiatry at the University of Toronto’s Centre for Addiction and Mental Health, explained in an interview for my book <em><a href="https://utorontopress.com/9781487506278/indictment/">Indictment: The Criminal Justice System on Trial</a></em>. “So, it’s treatable if care is available and acceptable and delivered in the right way to people in need.”</p>
<p>The tragic stories of those like Faqiri demand that we reevaluate our approach to mental health in the community and in prisons as we strive for a system that promotes healing rather than perpetuating harm. Faqiri’s death must not be in vain. His family deserves answers, justice and accountability.</p><img src="https://counter.theconversation.com/content/218821/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Benjamin Perrin receives funding from the Law Foundation of British Columbia.</span></em></p>People with mental health challenges are more likely to die in custody. The coroner’s inquest into the death of Soleiman Faqiri in an Ontario jail is one such tragedy that calls out for reform.Benjamin Perrin, Professor of Law, University of British ColumbiaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2169722023-11-20T13:17:01Z2023-11-20T13:17:01ZEducation linked to better employment prospects upon release from prison<p>Better job prospects. Higher wages. A greater chance of staying out of jail. Those are the key outcomes that we discovered for incarcerated people who get an education while serving their time.</p>
<p>Our <a href="https://doi.org/10.1007/s12103-023-09747-3">findings were published</a> in the American Journal of Criminal Justice. They are based on an analysis of research studies on the effects of prison education in the U.S. We examined a range of programs, from adult basic education to college. We analyzed 152 data points from 79 research papers published between 1980 and 2023.</p>
<p>Specifically, our analysis found: </p>
<p>• <strong>Reduced recidivism</strong>: Participating in prison education decreases the chances of recidivism by 6.7 percentage points – from 46% to 39.3%.</p>
<p>This translates to safer communities and significant savings for the state. The <a href="https://doi.org/10.1177/0032855594074004004">average prisoner</a> in the U.S. spends nearly three years in prison, at a total cost of US$107,000.</p>
<p>Education programs in prisons not only decrease the likelihood that released prisoners commit future crimes and victimize more people and communities, but they reduce the likelihood of future incarceration costs.</p>
<p>• <strong>Improved employment prospects</strong>: Inmates who participated in educational programs had a 3.1 percentage point higher likelihood of securing employment after release than inmates who did not participate in programs – from 44.8% to 47.9%. In a society where ex-inmates often find <a href="https://www.irp.wisc.edu/publications/focus/pdfs/foc232h.pdf">doors closed because of their past</a>, this increase in employability is crucial for released prisoners’ successful reintegration.</p>
<p>• <strong>Increased earnings</strong>: Educated prisoners are not only more likely to find work but also more likely to find higher-paying jobs. Education increases the yearly wages of employed ex-offenders by $564. Though modest, the benefit is considerable when calculated over years.</p>
<p>While all forms of education yielded benefits, college programs, despite their higher costs, had the most profound impact on inmates with higher earnings and rates of employment. Most college programs are two to four years – representing a more intensive investment – but also a more transformative impact.</p>
<h2>Why it matters</h2>
<p>The <a href="https://www.prisonpolicy.org/research/economics_of_incarceration/">economic strain</a> of maintaining a vast prison population is already immense.</p>
<p>Our study finds that each dollar spent on all four major forms of education – adult basic education, secondary, vocational and college – <a href="https://doi.org/10.1007/s12103-023-09747-3">more than pays for itself</a>. The return on investment for prison programs varies from 61.15% for college to 205.13% for vocational coursework.</p>
<p>While our study considers only the measurable factors of incarceration and employment, many <a href="https://www.mackinac.org/archives/2023/s2023-01.pdf">other benefits</a> of decreased crime cannot be easily measured. These benefits include reduced costs to victims, courts and police. Fully including these benefits will only increase the return on investment.</p>
<p>The <a href="https://www.ed.gov/news/press-releases/us-department-education-launch-application-process-expand-federal-pell-grant-access-individuals-who-are-confined-or-incarcerated">recent restoration of Pell Grants for incarcerated students</a> – eliminated in 1994 during the “<a href="https://www.brennancenter.org/our-work/analysis-opinion/1994-crime-bill-and-beyond-how-federal-funding-shapes-criminal-justice">tough-on-crime</a>” era – is a testament to the growing acknowledgment of the importance of prison education. The Federal Bureau of Prisons has reintroduced <a href="https://www.bop.gov/resources/news/20230712_pell_grant.jsp">Second Chance Pell programs</a>, with promising results in the form of <a href="https://abcnews.go.com/US/wireStory/thousands-prisoners-us-free-college-paid-government-100436967">graduation and job offers</a>.</p>
<h2>What’s next</h2>
<p>The <a href="https://www.benstickle.com/">research team</a>, with support from the <a href="https://www.mackinac.org/">Mackinac Center for Public Policy</a>, a Michigan-based nonprofit think tank that promotes free markets and limited government, continues to dive deeper into this topic, evaluating how states can encourage prison education. We are also keen to study how the expanded access to Pell Grants might further influence effectiveness and reach of prison education programs. But more questions remain: How will these programs evolve with increased funding? Will the positive effect of education continue as these programs reach more incarcerated students?</p>
<p><em>The <a href="https://theconversation.com/us/topics/research-brief-83231">Research Brief</a> is a short take on interesting academic work.</em></p><img src="https://counter.theconversation.com/content/216972/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ben Stickle receives funding from Mackinac Center for Public Policy. </span></em></p><p class="fine-print"><em><span>Steven Sprick Schuster receives funding from Mackinac Center for Public Policy. </span></em></p>People who get an education while serving time are less likely to return to prison and more likely to enter the job market, an analysis finds.Ben Stickle, Professor of Criminal Justice Administration, Middle Tennessee State UniversitySteven Sprick Schuster, Assistant Professor of Economics, Middle Tennessee State UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2175582023-11-14T19:07:15Z2023-11-14T19:07:15ZNew report reveals shocking state of prisoner health. Here’s what needs to be done<p>A new Australian Institute of Health and Welfare <a href="https://www.aihw.gov.au/reports/prisoners/the-health-of-people-in-australias-prisons-2022/contents/about">report</a> on the health of people in Australian prisons makes for sobering reading.</p>
<p>It reveals that compared to the general population, people in prison have higher rates of mental health conditions, chronic disease, communicable disease, and acquired brain injury. This is despite the fact the prison population is <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/latest-release">relatively young</a>. </p>
<p>This is a problem for everyone. <a href="https://link.springer.com/article/10.1007/s00127-020-01873-1">Research</a> shows mental health intervention and engagement helps <a href="https://pubmed.ncbi.nlm.nih.gov/32667664/">reduce offending</a> among offenders with serious mental illness. </p>
<p>Good health care in prisons, with continuity of community health care upon release, not only helps the person being treated. It also helps the community through reduced levels of offending.</p>
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Read more:
<a href="https://theconversation.com/good-mental-health-care-in-prisons-must-begin-and-end-in-the-community-40011">Good mental health care in prisons must begin and end in the community</a>
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<h2>The new report</h2>
<p>Data were collected in 2022 from 371 people entering prison during a given two-week period, and 431 who were due to be released during the data collection period or in the following four weeks. The report includes information drawn from 73 of 87 prisons across Australia (excluding Victoria, which didn’t participate in the survey this year).</p>
<p>The researchers also collected data from 4,500 people who visited the prison health clinic and another 7,100 people who received medications while in prison.</p>
<p>According to the data, around one in two prison entrants reported a chronic physical health condition.</p>
<p><iframe id="KZMKz" class="tc-infographic-datawrapper" src="https://datawrapper.dwcdn.net/KZMKz/1/" height="400px" width="100%" style="border: none" frameborder="0"></iframe></p>
<p>One in two prison entrants reported having been told they had a mental health condition, with almost one in five currently taking mental health related medication.</p>
<p><iframe id="7hlVr" class="tc-infographic-datawrapper" src="https://datawrapper.dwcdn.net/7hlVr/1/" height="400px" width="100%" style="border: none" frameborder="0"></iframe></p>
<p>Around one in five prison entrants reported a history of self-harm.</p>
<p><iframe id="PH3Ob" class="tc-infographic-datawrapper" src="https://datawrapper.dwcdn.net/PH3Ob/2/" height="400px" width="100%" style="border: none" frameborder="0"></iframe></p>
<p>Self-reported levels of distress were high:</p>
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<p>The report also revealed:</p>
<ul>
<li><p>two-thirds of prison entrants reported they had previously been in prison</p></li>
<li><p>around two in five younger prison entrants reported a family history of incarceration</p></li>
<li><p>around two in five prison entrants reported having dependent children in the community</p></li>
<li><p>nearly one in three prison entrants reported their highest level of schooling as year nine or under</p></li>
<li><p>nearly one in two prison dischargees expected they would be homeless on release</p></li>
<li><p>almost one in three prison entrants reported consuming at least seven standard drinks of alcohol in a typical day of drinking</p></li>
<li><p>almost three in four prison entrants reported being current smokers.</p></li>
</ul>
<h2>Shocking, though unsurprising</h2>
<p>As someone who has worked in prisons and researched prisoner health for more than three decades, I was sadly unsurprised by these grim findings. The results are largely consistent with <a href="https://www.aihw.gov.au/reports/prisoners/the-health-of-people-in-australias-prisons-2022/report-editions">previous reports</a> and confirm people in custody have particularly high health needs. </p>
<p>It’s easy for us to lose sight of the health needs of people in prison while they are locked away.</p>
<p>A high percentage of people in prison are on remand pending trial and once sentenced most are back in the community relatively soon. </p>
<p>Once sentenced, most spend a <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/latest-release">relatively short time</a> in prison, particularly those who commit low or medium-risk offences. </p>
<p>A high proportion of people cycle back into prison after release. There is very little continuity of care between health care in prison and in the community. The failures in the system help replicate disadvantage and leave the whole community worse off.</p>
<h2>Why is the prisoner population generally in such poor health?</h2>
<p>Many prison entrants are poorly educated, impoverished, come from families with an incarceration history, and experience homelessness.</p>
<p>They are also more likely than others in the community to have poor employment skills and histories, and to have experienced child abuse. </p>
<p>A <a href="https://www.abs.gov.au/statistics/people/crime-and-justice/prisoners-australia/latest-release#aboriginal-and-torres-strait-islander-prisoners">disproportionate number</a> of people in prison are Aboriginal or Torres Strait Islanders, a group that generally experiences significantly poorer health than the general community. </p>
<p>Recent <a href="https://link.springer.com/article/10.1186/s12889-023-16464-3">evidence</a> also shows many people in prison have poorer levels of health literacy than people in the general community. In other words, they may struggle to obtain, understand, and use information to make appropriate health decisions. </p>
<h2>Why is this a problem for all of us?</h2>
<p>Prisons are very much part of our community and most people are incarcerated temporarily. By enhancing the health care of people in prison and ensuring continuity of care to the community, we can reduce the costs associated with health care more generally. Investing early to improve the health of prisoners can save a lot of taxpayer money down the track.</p>
<p>And as some types of mental health conditions are related to a higher risk for offending, better health care can help enhance public safety.</p>
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Read more:
<a href="https://theconversation.com/victorias-prison-health-care-system-should-match-community-health-care-180558">Victoria’s prison health care system should match community health care</a>
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<h2>What needs to be done?</h2>
<p>We need to reassess how we think of prisons and those detained in them.</p>
<p>We have an opportunity to target people entering prisons to increase their health care and health literacy. Health care, and particularly mental health care, are critical ingredients in enhancing prisoners’ wellbeing, their health literacy and their continuity of care upon release. </p>
<p>All states screen detainees upon admission for health issues. And, encouragingly, the new report on prisoner health reveals almost three-quarters of prison dischargees rated the health care they received in the prison clinic as good or excellent. </p>
<p>But as good as they are, correctional health services cannot effectively overcome systems issues. Health care in prison is not enough to address health literacy, prevention of health problems, and continuity of care upon release.</p>
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Read more:
<a href="https://theconversation.com/raising-the-age-of-criminal-responsibility-is-only-a-first-step-first-nations-kids-need-cultural-solutions-186201">Raising the age of criminal responsibility is only a first step. First Nations kids need cultural solutions</a>
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<hr>
<p>The health and mental health care service system in Australia is fundamentally flawed. </p>
<p>Prison health services are funded by state governments without federal funding enjoyed by all other Australians through the <a href="https://www.researchgate.net/profile/Ann-Claire-Larsen/publication/328250377_In_Sickness_and_in_Prison_The_Case_for_Removing_the_Medicare_Exclusion_for_Australian_Prisoners/links/5bc92b1aa6fdcc03c7939cfb/In-Sickness-and-in-Prison-The-Case-for-Removing-the-Medicare-Exclusion-for-Australian-Prisoners.pdf">Medicare Benefits Schedule (MBS) and Pharmaceutical Benefits Scheme (PBS)</a>.</p>
<p>This funding inequity and systemic issues contribute to the overall disadvantage in health care for people in prison.</p>
<p>And in some states, the responsibility for prisoner health care rests with the department of justice rather than the department of health. </p>
<p>This contributes to a breakdown in integrated service planning and delivery, which should include prisoner health care, health care upon release, and continuing care while in the community. </p>
<p>Boosting health literacy among people detained in prisons can help. Health literacy includes health-related critical thinking, communication, and problem-solving. </p>
<p>It means equipping people with the skills they need to actively participate in their own health and wellbeing.</p>
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Read more:
<a href="https://theconversation.com/they-werent-there-when-i-needed-them-we-asked-former-prisoners-what-happens-when-support-services-fail-208949">‘They weren’t there when I needed them’: we asked former prisoners what happens when support services fail</a>
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<img src="https://counter.theconversation.com/content/217558/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>James Ogloff has received funding from the Australian Research Council and is a Strategic Advisor for the Victorian Institute of Forensic Mental Health (Forensicare). Forensicare provides mental health services in prisons in Victoria. </span></em></p>This is a problem for everyone. Research shows mental health intervention and engagement helps reduce offending among people with serious mental illness who commit offences.James Ogloff, University Distinguished Professor of Forensic Behavioural Science & Dean, School of Health Sciences, Swinburne University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2165212023-11-13T13:33:03Z2023-11-13T13:33:03ZWe studied jail conditions and jail deaths − here’s what we found<figure><img src="https://images.theconversation.com/files/557804/original/file-20231106-21-2dyu2x.jpg?ixlib=rb-1.1.0&rect=431%2C44%2C2564%2C1944&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Since Jan. 1, 2023, 10 inmates have died at Fulton County Jail.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/the-fulton-county-jail-is-seen-on-august-23-2023-in-atlanta-news-photo/1634699529?adppopup=true">Joe Raedle/Getty Images</a></span></figcaption></figure><p>The family of Samuel Lawrence, one of 10 people to die in Georgia’s Fulton County Jail in 2023, is fighting for answers and accountability.</p>
<p>“I got to think about him every day of my life and I don’t know when the pain stops,” Lawrence’s father, Frank Richardson, <a href="https://www.fox5atlanta.com/news/samuel-lawrence-fulton-county-jail-death-release-autopsy-report#tbl-em-lnvxq3su1oqm8a7sjt9h">told a local TV station</a> in October 2023. “I pray to God that he touches that jail and puts people in place to help the other ones that are left behind.”</p>
<p>Shortly before his death, Lawrence, 34, had <a href="https://www.theroot.com/before-a-fulton-county-inmate-was-found-dead-he-sent-a-1850787506">filed a complaint</a> about jail conditions, alleging that he was brutally beaten and isolated, with insufficient food and water.</p>
<p>But Fulton County Sheriff Patrick Labat <a href="https://www.fox5atlanta.com/news/family-of-fulton-county-jail-inmate-samuel-lawrence-holding-press-conference#tbl-em-lnvx469bxojzi9ayzta">largely blamed</a> the jail’s “outbreak of violence” on “the long-standing, dangerous overcrowding and the crumbling walls of the facility.” </p>
<p>In order to “save lives,” Labat said, his county would be requesting a “replacement jail.” </p>
<p>The Georgia sheriff is among many law enforcement officials to claim that people like Samuel Lawrence would be safer if communities reduced overcrowding by <a href="https://www.vera.org/downloads/publications/broken-ground-jail-construction.pdf">building new jails</a> or enhancing existing ones. </p>
<p>But recent research my colleague <a href="https://facultyweb.kennesaw.edu/wchen30/index.php">Weiwei Chen</a> and <a href="https://sipa.fiu.edu/people/faculty/history/adler-jessica.html">I</a> published on escalating jail mortality rates nationwide calls into question that rationale. </p>
<p>In an article published in the June 2023 issue of <a href="https://doi.org/10.1377/hlthaff.2022.01229">Health Affairs</a>, we examined relationships between <a href="https://www.healthaffairs.org/do/10.1377/hp20230622.621918/">jail conditions and jail deaths</a>, analyzing factors such as percent of jail capacity occupied, admission and discharge rates and population demographics. </p>
<p>Among the variables that appeared to be most significantly related to jail mortality were <a href="https://doi.org/10.1377/hlthaff.2022.01229">turnover rate</a> – the number of people admitted to and discharged from a facility relative to its average population – as well as the percentage of Black people in the jail population.</p>
<h2>Jail mortality</h2>
<p>Jails are sometimes referred to as the <a href="https://www.annualreviews.org/doi/10.1146/annurev-criminol-011518-024601">“front door” of the criminal justice system</a>. Unlike prisons, which are run by federal and state governments and hold convicted people serving relatively long sentences, jails are locally managed, and <a href="https://www.prisonpolicy.org/reports/pie2023.html">the majority of their populations</a> are <a href="https://doi.org/10.1146/annurev-criminol-011518-024601">being detained pretrial</a> while unconvicted.</p>
<p>Data on how many people die while incarcerated is <a href="https://www.hsgac.senate.gov/subcommittees/investigations/hearings/uncounted-deaths-in-americas-prisons-and-jails-how-the-department-of-justice-failed-to-implement-the-death-in-custody-reporting-act/">notoriously inaccessible</a> and <a href="https://www.press.jhu.edu/books/title/12925/death-custody">often unreliable</a>. Still, available reports on jail deaths from the Bureau of Justice Statistics offer some perspective. </p>
<p>In 2019, overall jail death rates were below the adjusted national average of 339 per 100,000, but leading up to that year, they had steeply increased. Between 2000 and 2019, <a href="https://bjs.ojp.gov/library/publications/mortality-local-jails-2000-2019-statistical-tables">jail mortality</a> rose by 11%, from 151 per 100,000 to 167 per 100,000. </p>
<figure class="align-center ">
<img alt="A group of people stand on a staircase while holding posters that have the names of people written in large letters." src="https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/557898/original/file-20231106-253869-75fy2h.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">People hold banners with the names of people who have died in Rikers Island jail during a rally on July 11, 2023, in New York City.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/people-hold-banners-with-the-names-of-people-who-have-died-news-photo/1534248945?adppopup=true">Michael M. Santiago/Getty Images</a></span>
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<p>To conduct what <a href="https://www.press.jhu.edu/books/title/11788/life-and-death-rikers-island">epidemiologist Homer Venters</a> referred to as an “apples-to-apples comparison” of circumstances and deaths in multiple jails during a period of escalating mortality, we relied on a combination of datasets. </p>
<p>For information about facility deaths, we turned to statistics compiled by Reuters news agency reporters, who submitted Freedom of Information Act requests to obtain <a href="https://doi.org/10.2105/AJPH.2021.306385">mortality data</a> from the largest jails across the U.S. </p>
<p>Our data on jail conditions – such as annual admissions and releases, facility capacities and demographics – came from the Bureau of Justice Statistics’ <a href="https://bjs.ojp.gov/data-collection/census-jails-coj">census</a> and <a href="https://bjs.ojp.gov/data-collection/annual-survey-jails-asj">annual survey</a> of jails.</p>
<p>Ultimately, we assessed mortality rates and conditions in approximately 450 U.S. jails between 2008 and 2019. </p>
<p>Some of our most robust findings about jail deaths had to do with two factors: turnover rate – the sum of weekly admissions and releases divided by average daily population – and demographics.</p>
<p>In the jails we examined, average turnover was 67% (slightly above the national average of <a href="https://bjs.ojp.gov/content/pub/pdf/ji19_sum.pdf">53%</a>). Relatively high turnover rates, we found, were associated with higher death rates overall, as well as due to suicide, drugs and alcohol, and homicide.</p>
<p>In addition to revealing a relationship between turnover rate and mortality, our research showed that the presence of greater proportions of non-Hispanic Black people in populations of relatively large jails was associated with more deaths due to illness. </p>
<p>Race-based differences in illness-related deaths could be due to a variety of factors, including populationwide <a href="https://pubmed.ncbi.nlm.nih.gov/33471116/">health disparities</a> in the U.S. </p>
<h2>Reliance on jails</h2>
<p>Our findings about both turnover and racial disparities should be considered alongside the broader context of jail incarceration in the United States.</p>
<p>Roughly <a href="https://www.prisonpolicy.org/reports/repeatarrests.html">4.9 million people</a> are arrested and jailed each year, some of them multiple times. Overall, there were approximately <a href="https://bjs.ojp.gov/library/publications/jail-inmates-2019">10.3 million admissions</a> to more than 3,000 U.S. jails in 2019. </p>
<p>As of 2019, <a href="https://bjs.ojp.gov/content/pub/pdf/ji19.pdf">Black people were jailed</a> at a rate more than three times that of white people. </p>
<p>People in jails have been found to be “<a href="https://www.prisonpolicy.org/reports/incomejails.html">significantly poorer</a>” than people outside of jails, and more than 30 percent of those who are detained remain incarcerated because they <a href="https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/economic-justice/criminal-justice-debt-problems/">cannot afford to pay bail</a>. </p>
<p>Jailed people are also disproportionately likely to face health challenges. They are <a href="https://bjs.ojp.gov/content/pub/pdf/mpsfpji1112.pdf">more likely to report having had</a> chronic health issues, infectious diseases, mental illnesses and <a href="https://bjs.ojp.gov/content/pub/pdf/dudaspji0709.pdf">substance use problems</a>. </p>
<p>The United States’ remarkably <a href="https://www.prisonpolicy.org/global/2021.html">high population of incarcerated people</a> – and the composition of that population – are related to decades’ worth of <a href="https://press.princeton.edu/books/hardcover/9780691174525/getting-tough">cuts in social welfare programs</a>, <a href="https://newjimcrow.com/">structural racism</a>, <a href="https://www.pennpress.org/9781512823493/this-is-my-jail/">local</a> and <a href="https://www.hup.harvard.edu/catalog.php?isbn=9780674979826">national</a> political trends, and <a href="https://www.versobooks.com/products/178-the-end-of-policing">policing practices</a>. </p>
<p>Research has shown that the <a href="https://thenewpress.com/books/usual-cruelty">cash bail system</a> – a key driver of high jail turnover – “<a href="https://www.vera.org/news/how-the-united-states-punishes-people-for-being-poor">punishes the poor</a>” by ensuring that they are more likely to be detained than their wealthier counterparts for the same crime. A reliance on cash bail also reportedly increases recidivism and <a href="https://www.americanprogress.org/article/5-ways-cash-bail-systems-undermine-community-safety/">undermines public safety</a>.</p>
<h2>Beyond incarceration</h2>
<p><a href="https://doi.org/10.1377/hlthaff.2022.01229">Our study</a> suggests that ongoing initiatives geared at reducing incarceration – and by extension, jail turnover – could help achieve Sheriff Labat’s goal of saving lives. </p>
<figure class="align-center ">
<img alt="A middle aged man dressed in a white shirt adorned withlaw enforcement patches is speaking to a crowd." src="https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=426&fit=crop&dpr=1 600w, https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=426&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=426&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=536&fit=crop&dpr=1 754w, https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=536&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/557896/original/file-20231106-270180-x9owg5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=536&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Fulton County Sheriff Patrick Labat speaks during a news conference.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/fulton-county-sheriff-patrick-labat-speaks-during-pepsi-news-photo/1311333461?adppopup=true">Paras Griffin/Getty Images</a></span>
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<p>Some communities, for example, have successfully <a href="https://www.prisonpolicy.org/blog/2022/03/28/harris-county-pretrial-reform-results/">limited the use</a> of cash bail. Others have enhanced <a href="https://www.vera.org/beyond-jails-community-based-strategies-for-public-safety">community-based services</a> that address mental illness, drug use and homelessness without involving police, so jails are less likely to be sites of first resort for people with complex needs. </p>
<p>A year before Samuel Lawrence died, a <a href="https://www.aclu.org/report/there-are-better-solutions-analysis-fulton-countys-jail-population-data-2022">report from the ACLU</a> suggested that by adopting at least some of the above measures, Fulton County could “reduce its jail population significantly.”</p>
<p>It could also, our research suggests, save lives.</p><img src="https://counter.theconversation.com/content/216521/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Funding for this "Scholarly Works" project was made possible by Grant No. G13LM013522-01A1 from the National Library of Medicine, National Institutes of Health. The content is solely the responsibility of the author and does not necessarily represent the official views of the National Institutes of Health.</span></em></p>Higher jail mortality is related to jail turnover rates and demographics.Jessica L. Adler, Associate Professor of History, Florida International UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2082602023-10-19T15:24:59Z2023-10-19T15:24:59ZNew ‘healing’ prison in Ireland points to long history of progressive penal reform<p>Ireland has formally opened <a href="https://www.irishprisons.ie/minister-justice-helen-mcentee-visits-new-limerick-prison-expansion-announces-publication-irish-prison-service-annu/">the new women’s wing</a> of the Limerick prison. </p>
<p>This expansion was desperately needed. The former wing was at <a href="https://www.iprt.ie/latest-news/iprt-voices-grave-concern-about-prison-overcrowding-as-bed-capacity-reaches-100-across-prison-estate/">164% capacity</a>, with women reportedly sleeping on mattresses on the floor of what were already inadequate conditions of a dilapidated 19th-century building. </p>
<p>The new build now offers space for 50 women, an increase in capacity of 78%. It also eschews the <a href="https://theconversation.com/prisons-and-asylums-prove-architecture-can-build-up-or-break-down-a-persons-mental-health-109989">dehumanising cliches</a> of the traditional prison environment. </p>
<p>Corridors follow gently bending routes into skylight-lit spaces. Rooms are painted in what has been described as a “<a href="https://www.architectsjournal.co.uk/news/limerick-womens-prison-an-architecture-of-hope">calming colour palette</a>” of lilac and pale blue. </p>
<p>The windows don’t have bars. The prisoners’ cells look like student accommodation. In place of a prison yard, there is a garden and a children’s play area.</p>
<figure class="align-center ">
<img alt="A colourful view of a prison recreation room." src="https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=336&fit=crop&dpr=1 600w, https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=336&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=336&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=423&fit=crop&dpr=1 754w, https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=423&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/554379/original/file-20231017-17-e4f19r.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=423&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">An architectural rendering of the new Limerick female prison wing.</span>
<span class="attribution"><span class="source">Department of Justice|Louise Brangan</span>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
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</figure>
<p>Like anyone in the care of the state, prisoners should expect clean and humane living conditions. <a href="https://www.irishprisons.ie/wp-content/uploads/documents_pdf/Press-Release-Limerick-Prison-B-Division.pdf">More than</a> good conditions, though, this design project has been hailed as an <a href="https://www.architectsjournal.co.uk/news/limerick-womens-prison-an-architecture-of-hope">“architecture of hope”</a>, providing a healing space in which the prisoners might be “thrive and flourish”. </p>
<p>This is not Ireland’s first experiment in progressive incarceration. My research shows that <a href="https://journals.sagepub.com/doi/full/10.1177/1362480619843295">in the 1960s and 1970s</a>, the nation cleaved to the idea that the best kind of penal system is when there is the least amount of imprisonment.</p>
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<h2>Policies to avoid imprisonment</h2>
<p>Before the 1970s, prison policy in England and much of the western world was underpinned by a <a href="https://theconversation.com/how-lessons-in-scandinavian-design-could-help-prisons-with-rehabilitation-106554">rehabilitative</a> ambition. The idea was that by employing the likes of criminologists, social workers and psychologists, prisons could transform people and ultimately reduce crime. </p>
<p>In Ireland, things were a little different. The prison system was managed by the Prison Division, a small group of generalist civil servants who were unconvinced by the new prison professionals and their individuated schemes. </p>
<p>The Division held that prisoners were not inherently criminal. Poverty in Ireland at the time was endemic. Officials assumed that prisoners’ crimes had socio-economic, not pathological, causes.</p>
<p>Contrary to other nations, the Division also worried that prison was, in fact, fundamentally damaging. In 1963, Minister for Justice Charles Haughey stated in an internal memo that “the institutionalisation, psychological deterioration and disruption to family and individual life, consequent on imprisonment”, must be avoided. </p>
<p>This was a widely held view. During <a href="https://www.oireachtas.ie/en/debates/debate/dail/1970-05-27/3/?highlight%5B0%5D=basically&highlight%5B1%5D=unsuitable&highlight%5B2%5D=encouraging&highlight%5B3%5D=individuals&highlight%5B4%5D=become&highlight%5B5%5D=adequate&highlight%5B6%5D=responsible&highlight%5B7%5D=members&highlight%5B8%5D=normal&highlight%5B9%5D=society">a debate on prisons in 1970</a>, TD (member of the Irish parliament) for Fine Gail John Bruton said that prison was “basically unsuitable” as a tool for encouraging people to become responsible members of society.</p>
<figure class="align-center ">
<img alt="An old manor house in rural Ireland." src="https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=424&fit=crop&dpr=1 600w, https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=424&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=424&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=533&fit=crop&dpr=1 754w, https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=533&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/554337/original/file-20231017-23-m0c4vb.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=533&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Shelton Abbey, in County Wicklow.</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:%22Church,_Interior,_Arklow,_Co._Wicklow%22_is_in_Arklow,_but_definitely_exterior_(35740556981).jpg#/media/File:%22Church,_Interior,_Arklow,_Co._Wicklow%22_is_in_Arklow,_but_definitely_exterior_(35740556981).jpg">Wikimedia</a></span>
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</figure>
<h2>Ireland’s humane penal reforms</h2>
<p>It was in this sceptical spirit that the Irish government would go on to <a href="https://journals.sagepub.com/doi/full/10.1177/1362480619843295">implement</a> significant reform. In 1973, the Republic of Ireland’s first open prison, Shelton Abbey, was established in a former country manor. A maximum of 90 prisoners spent their days tending to the gardens. </p>
<p>In 1975, the Training Unit, the nation’s first purpose-built prison, opened on the site of Mountjoy prison in Dublin. Modernist in style, it was lauded for its semi-open regime. Its 90 prisoners wore their own clothes and came and went during the day for work and training purposes. </p>
<p>Perhaps the most radical of these changes was the permissive and liberal use of temporary release. Established in Ireland in 1960, this allowed an increasing number of prisoners to return home for days, weeks and sometimes permanently, serving the end of their sentence at home. </p>
<p>None of this was undertaken with the central ambition of reducing crime. That kind of rehabilitation was beyond the prison, they believed. The Division hoped that by being released more frequently and by having access to more engaging activities and less austere spaces, it might help prisoners develop as people, but at least it would reduce the pains of imprisonment. As an internal 1981 Prison Division report <a href="https://journals.sagepub.com/doi/full/10.1177/1362480619843295">put it</a>:</p>
<blockquote>
<p>[The aim is] to equip the offender with educational, technical and social skills which will help him to turn away from a life of crime, if he so wishes. However, even if the offender on release does not turn away from a life of crime, those services can be regarded as having achieved some success if they bring about an improvement in the offender’s awareness of his responsibilities to himself, his family and the community.</p>
</blockquote>
<p>Success, they concluded, was impossible to measure. Best to be lenient, first and foremost.</p>
<figure class="align-center ">
<img alt="A black and white archival photograph of people playing sport indoors." src="https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=314&fit=crop&dpr=1 600w, https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=314&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=314&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=394&fit=crop&dpr=1 754w, https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=394&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/554513/original/file-20231018-17-32t82p.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=394&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The recreation hall at the Training Unit.</span>
<span class="attribution"><span class="source">Department of Justice|Louise Brangan</span>, <a class="license" href="http://creativecommons.org/licenses/by-nc-nd/4.0/">CC BY-NC-ND</a></span>
</figcaption>
</figure>
<h2>The damage prison causes</h2>
<p>The temporary release system still operates today, though in a much more restricted form. As Ireland changed, so too did public and political attitudes. </p>
<p>By the 1990s, it was felt that prisons in Ireland should do a little more confining and a little less releasing. In 1995, 21% of prisoners served their sentence on temporary release, that figure has now dropped to <a href="https://www.irishprisons.ie/wp-content/uploads/documents_pdf/SEPTEMBER-2023.pdf">9%</a>. </p>
<p>In the decades since these innovative regimes were instituted, a formidable body of research has amassed, <a href="https://www.frontiersin.org/articles/10.3389/fpsyg.2015.00043/full">proving</a> that the Prison Division’s scepticism of imprisonment’s benefits was well founded. </p>
<p>Being deprived of liberty and cut off from society puts a person at greater risk of poor mental health, homelessness and poverty after imprisonment. It also contributes, as research <a href="https://archive2021.parliament.scot/S4_JusticeCommittee/Inquiries/Dr_Lesley_Graham.pdf">in Scotland</a> has found, to a greater risk of dying prematurely.</p>
<p>Prison officials in the 1960s and 1970s saw incarceration as inescapably repressive – a site of harm for individuals, their communities and the wider society. Their bold new policies (open facilities; the temporary release scheme) sought to reduce the use and impact of the prison. The Irish Prison Division thought the prison was the problem, not the prisoners. </p>
<p>Limerick’s new women’s unit embodies the opposite idea: that prison can fix damaged prisoners and help reduce crime, all while expanding the size of the prison estate. </p>
<p>The Prison Division was right. Humane penal policy has to be about much more than buildings, design and physical spaces. Using incarceration sparingly – cautiously, leniently – is better for individuals and society at large.</p><img src="https://counter.theconversation.com/content/208260/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>In the course of her research, Louise Brangan has received funding from the ESRC, Fulbright Commission, British Academy and Leverhulme.</span></em></p>In the mid-20th century, civil servants in Ireland recognised the harms incarceration wreaks not just on individuals but their families and society at large.Louise Brangan, Chancellor's Fellow | Senior Lecturer, University of Strathclyde Licensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2133302023-09-20T12:47:01Z2023-09-20T12:47:01ZAmericans do talk about peace − just not the same way people do in other countries<figure><img src="https://images.theconversation.com/files/549141/original/file-20230919-29-46yjz8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Children wave peace doves at a concert for peace in Bogota, Colombia, in August 2022. </span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/choir-made-up-of-more-than-10000-children-wave-peace-doves-news-photo/1419832116?adppopup=true">Chepa Beltran/Long Visual Press/Universal Images Group via Getty Images </a></span></figcaption></figure><p>Americans don’t talk much about peace. But <a href="https://doi.org/10.1017/lsi.2022.94">it turns out</a> they care about it a lot – they just don’t talk about it the way people who have experienced war or civil conflict do. </p>
<p>When public opinion polls in the U.S. ask people about peace, it’s either in the context of <a href="https://www.thearda.com/data-archive?fid=GSSPANEL2">religion</a> or <a href="https://news.gallup.com/poll/245705/americans-higher-hopes-prosperity-peace-2019.aspx">world peace</a>.</p>
<p>Instead of using the word peace, Americans are more likely to say that they care deeply about safety and security and issues like <a href="https://www.pewresearch.org/politics/2023/02/06/economy-remains-the-publics-top-policy-priority-covid-19-concerns-decline-again/">terrorism, crime, illegal drugs and immigration</a>. </p>
<p>But they still care about the same things people in places that have faced war are focused on. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="People wear face masks and hold large yellow and white peace signs on a city street." src="https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/549142/original/file-20230919-15-3xgj0l.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Protestors hold peace signs in support of Black Lives Matter in July 2020 in Oakland, Calif.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/protesters-hold-peace-signs-in-support-of-black-lives-news-photo/1258684586?adppopup=true">Natasha Moustache/Getty Images</a></span>
</figcaption>
</figure>
<h2>What is peace?</h2>
<p><a href="https://sps.columbia.edu/faculty-staff/peter-dixon-phd">We are</a> <a href="https://www.scu.edu/cas/political-science/faculty--staff/fiorella-vera-adrianzen/">social scientists</a> who are part of a <a href="https://www.everydaypeaceindicators.org/team">network of peace and conflict</a> <a href="https://www.scu.edu/cas/political-science/faculty--staff/naomi-levy/">researchers </a> and <a href="https://possibilitylab.berkeley.edu/">community-engaged</a> <a href="https://gspp.berkeley.edu/research-and-impact/faculty/amy-e-lerman">scholars</a> at several universities. We and our other colleagues have spent a lot of time talking with different communities that have experienced war, including in <a href="https://doi.org/10.1093/jhuman/huac030">Colombia</a>, <a href="https://doi.org/10.1080/17502977.2020.1812893">Afghanistan</a> and <a href="https://www.everydaypeaceindicators.org/_files/ugd/849039_a2d4c66b63cc4e67815a6b736cc42cd5.pdf">Bosnia and Herzegovina</a>, about what <a href="https://theconversation.com/how-photography-can-build-peace-and-justice-in-war-torn-communities-166143">peace looks like</a> to them.</p>
<p>Peace is hard to define. In the dictionary, it’s equated with tranquility or the absence of war. We see it as broader. Peace is the ability for people to live in harmony with themselves and with each other. In practice, however, that can mean <a href="https://doi.org/10.1177/0263395715622967">many different things</a> to different people. </p>
<p><a href="https://global.oup.com/academic/product/everyday-peace-9780197563397?cc=us&lang=en&">We know</a> that <a href="https://www.cambridge.org/core/books/reclaiming-everyday-peace/BEB6532292D692933AABC68EFFF9ACB3">people who directly experience conflict</a> and violence tend to have very broad, but also nuanced, definitions of peace. </p>
<p>In Colombia, for example, many communities told us they felt at peace when they had the infrastructure necessary to supply basic needs, like clean water, or when they could actively participate in regular social gatherings. In Bosnia, residents highlighted the ability to use public spaces, including rebuilt ruins from the war, as well as the presence of more day-to-day amenities like streetlights and parking.</p>
<p>But until a recent project in Oakland, California, we weren’t thinking about our work in America as also being about peace. </p>
<p>Since 2021, we’ve been working with six community organizations in Oakland to understand how people define and experience safety and well-being in their everyday lives. As it turns out, these concepts helped us get at how Americans, who have not experienced war like the people in other regions we’ve worked with, might also understand peace.</p>
<h2>Re-imagining safety</h2>
<p>Our research’s focus on safety was inspired by a number of <a href="https://www.nlc.org/post/2021/02/16/nlc-assembles-task-force-of-local-leaders-to-reimagine-public-safety-in-communities-across-the-u-s/">cities and towns</a>, like <a href="https://www.columbus.gov/reimaginesafety/">Columbus, Ohio</a>, and <a href="https://www.austintexas.gov/publicsafety">Austin, Texas</a>, that have launched projects to reform how public safety is conceived of and protected following the widespread <a href="https://www.nytimes.com/interactive/2020/07/03/us/george-floyd-protests-crowd-size.html">Black Lives Matter protests</a> in 2020. </p>
<p>Oakland has undergone a similar process of asking residents to help their local government <a href="https://www.oaklandca.gov/topics/reimagining-public-safety">rethink what safety</a> means. And, like <a href="https://theconversation.com/why-voters-rejected-plans-to-replace-the-minneapolis-police-department-and-whats-next-for-policing-reform-171183">other cities</a>, Oakland residents have had an intense <a href="https://www.sfchronicle.com/crime/article/The-Oakland-Police-Department-claims-it-is-16386039.php">debate over the police department</a> and how the government should reform its approach to crime. </p>
<p>We spoke to over 500 residents across parts of Oakland that have been especially hard hit by crime and violence and who live in areas that have historically been both overpoliced and underserved with public resources. </p>
<p>We asked questions like, “What does safety or the lack of safety look like here,” and “What are some signs that the community is doing well or not doing well?”</p>
<p>These conversations covered a lot of ground – ground that was similar to other conversations we’ve had about peace with people who live in conflict zones or countries with long histories of war.</p>
<p>Some Oakland residents spoke about how kids are desensitized to gunshots and violence or are arrested or kicked out of their homes. We heard that these kids and teenagers ultimately lose sight of how their lives – and the lives of others – have value.</p>
<p>High school students also reflected on the prevalence of guns, shootings and gangs in their lives. As one told us, “I want to go back” to a more innocent time, when “I didn’t know nothing about any of this.”</p>
<p>But just as we know that violence and security are only two aspects of people’s understandings of peace, the same is true of safety. The police – and even crime – are just two aspects of how communities think about safety in their everyday lives. They also think about economic opportunities, public space and social connections.</p>
<p>We heard about how, when kids have basic life skills and job skills training, or have mentors and role models, this can give them choices that are alternatives to criminal activity and help them invest back in their communities.</p>
<p>We heard about block parties and <a href="https://www.townnights.org/">town nights</a>, which inspire people of different races and ethnicities to look out for each other and build trust with their neighbors. “By us, for us,” as one resident put it.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="The back of a man flashing two peace signs with his hands is seen on a city street, with many other people walking past him." src="https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=380&fit=crop&dpr=1 600w, https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=380&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=380&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=478&fit=crop&dpr=1 754w, https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=478&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/549145/original/file-20230919-25-r870wu.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=478&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A man flashes the peace sign as protesters march during an Occupy Oakland protest in November 2011 in Oakland, Calif.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/man-flashes-the-peace-sign-as-thousands-of-protestors-march-news-photo/131201340?adppopup=true">Justin Sullivan/Getty Images</a></span>
</figcaption>
</figure>
<h2>From safety to peace</h2>
<p>The United Nations marks the annual <a href="https://www.un.org/en/observances/international-day-peace">International Day of Peace</a> on Sept. 21, 2023. </p>
<p>In general, the U.S. does not widely recognize or celebrate global holidays like these, including <a href="https://medium.com/age-of-awareness/america-started-international-womens-day-so-why-don-t-we-celebrate-it-50b10ec7829e">International Women’s Day</a> or <a href="https://www.npr.org/2022/04/30/1095729592/what-is-may-day-history">International Labor Day </a>. </p>
<p>But, like peace, safety is about far more than reducing violence. It’s being able to trust that police <a href="https://law.yale.edu/yls-today/news/whats-next-policing">have communities’ interests in mind</a> and knowing that residents will receive fair treatment in the courts. </p>
<p>It’s also being able to breathe clean air and access work and educational opportunities. It’s about being able to openly share past trauma, feel loved and connected, and so much more.</p>
<p>This all has important implications for what Americans want – and what they actually get – from their local governments. When policymakers define safety as the absence of violence and benchmark it primarily against metrics like <a href="https://theconversation.com/republicans-say-crime-is-on-the-rise-what-is-the-crime-rate-and-what-does-it-mean-192900">crime statistics</a>, they limit the kinds of policies that cities and their residents can look to. </p>
<p>Typically, the main policy responses in the U.S. to crime and violence have centered on policing and incarceration.</p>
<p>In contrast, our conversations across Oakland suggest that communities are already using different frameworks and language to assess safety. These in turn offer up a more holistic set of potential interventions. What, we might ask, would city leaders focus on if they were evaluating the success of public safety reforms by whether children are playing outside in the park, or whether people know the names of their neighbors?</p>
<p>Building safety in the U.S. is more akin to building peace internationally than many Americans may think. As we celebrate world peace, we think people should remember that these conversations matter here at home, too.</p><img src="https://counter.theconversation.com/content/213330/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Peter Dixon received funding for this project from Santa Clara University. He is a Board Member of Everyday Peace Indicators. </span></em></p><p class="fine-print"><em><span>Amy E Lerman received funding for this project from the California Community Foundation / California 100 Initiative.</span></em></p><p class="fine-print"><em><span>Fiorella Vera-Adrianzen received funding for this project from California Community Foundation / California 100 Initiative through Santa Clara University. She is a research associate at Everyday Peace Indicators.</span></em></p><p class="fine-print"><em><span>Naomi Levy received funding for this project from the California Community Foundation / California 100 Initiative. She is a member of the Everyday Peace Indicators Board of Directors. </span></em></p>While Americans tend not to use the word “peace,” and instead opt for terms like “safety and security,” their desires and fears are not so different from what people in war-torn places express.Peter Dixon, Associate Professor of Practice, Negotiation and Conflict Resolution, Columbia UniversityAmy E Lerman, Professor of Political Science & Public Policy and Executive Director, Possibility Lab, University of California, BerkeleyFiorella Vera-Adrianzén, Political science lecturer, Santa Clara UniversityNaomi Levy, Associate Professor of Political Science, Santa Clara UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2103912023-09-13T13:09:34Z2023-09-13T13:09:34ZRehab for South Africa’s female inmates focuses on domestic chores – instead of finding good work<figure><img src="https://images.theconversation.com/files/541043/original/file-20230803-27-8xeebf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Patriarchal norms influence the design of rehabilitation programmes for women in jail.
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Corrections facilities are supposed to help rehabilitate offenders. However, during apartheid, South Africa’s <a href="https://core.ac.uk/download/pdf/267012745.pdf">correctional system was a pillar of the repressive, discriminatory laws</a>. It was used to punish those – mainly the black majority – perceived to be a threat to the white minority regime.</p>
<p>Present day correctional services in South Africa remain <a href="https://repository.up.ac.za/bitstream/handle/2263/64290/Steyn_Profile_2017.pdf?sequence=1">patriarchal and discriminatory</a>. They disadvantage women by limiting their rehabilitation programmes to mostly domestic skills. In contrast, male offenders have a richer array of skills programmes to choose from. This increases their chances of being gainfully employed or self-employed, <a href="https://www.tandfonline.com/doi/full/10.1080/23311886.2022.2044123">lessening their chances of re-offending</a>. </p>
<p>There are 143,223 convicted prisoners in South Africa, of which <a href="https://www.prisonstudies.org/country/south-africa">3,724 are women</a>. Yet the idea of women in corrections continues to be a taboo subject. Because of the persisting patriarchal idea of women as nurturers, carers and homemakers, their mere presence in correctional facilities is considered to go against what society expects them to be. </p>
<p>Such beliefs contribute to how women are treated within correctional services and which rehabilitation programmes are deemed appropriate for them. </p>
<p>As psychology scholars, we set out to <a href="https://www.researchgate.net/publication/358198293_Women_offenders%27_experiences_of_rehabilitation_in_a_South_African_correctional_centre">explore</a> the rehabilitation experiences of women offenders in one of South Africa’s correctional centres for women classified as maximum security offenders. We interviewed 18 women at the Johannesburg Correctional Centre.</p>
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<strong>
Read more:
<a href="https://theconversation.com/two-smart-ways-to-help-curb-reoffending-in-south-africas-prisons-106255">Two smart ways to help curb reoffending in South Africa's prisons</a>
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<p>Our findings indicate the need for culture and gender sensitive offender rehabilitation programmes and processes. They also highlight the role the women play in reshaping their identities. </p>
<h2>Enforcing women’s domestication</h2>
<p>Correctional services rehabilitation programmes aim to reduce offenders’ risk of reoffending (recidivism). They also seek to enhance the chances of successful community reintegration upon release. This is only possible if such programmes take seriously women’s needs, histories, cultures and overall worldviews. We found this was not the case.</p>
<p>For example, the women we surveyed highlighted the imposition of Bible reading sessions whether they were Christian or not. </p>
<p>Also, in order to restore the “traditional good woman narrative” – being a good mother and a good wife – correctional centres enforce domestication. Most of the rehabilitation programmes and processes for women tend to be centred on home life. Women are expected to do beadwork, knitting, sewing and laundry and to take care of the sick. </p>
<p>Giving incarcerated women less exposure to non-traditional vocational training, such as entrepreneurship and digital skills, limits their prospects in the job market and business upon their release. This raises <a href="http://www.scielo.org.za/pdf/sw/v53n2/08.pdf">their prospects of reoffending</a>.</p>
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<strong>
Read more:
<a href="https://theconversation.com/nigeria-has-too-many-prison-inmates-awaiting-trial-technology-could-achieve-swifter-justice-193237">Nigeria has too many prison inmates awaiting trial. Technology could achieve swifter justice</a>
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<p>Those who try to defy these prescripts by accessing formal education through correspondence say they have to fight to overcome barriers. These include limited access to computers and a conducive learning environment (single cells instead of communal cells). A participant in <a href="https://journals.sagepub.com/doi/10.1177/0306624X19895974">one of our studies</a> indicated that women sometimes resort to court action to claim their right to education:</p>
<blockquote>
<p>We just struggle to have every little thing … We had to go to courts … We had to do motions just to make sure that we had laptop in our cells … I understand, they say the policy doesn’t allow that, but I mean education cannot be curtailed by anything, not even incarceration, it’s a right for me to study. </p>
</blockquote>
<p>Incarcerated women continue to be stigmatised and judged by the justice system and society at large for breaking the law, and the moral standards of what it means <a href="https://journals.sagepub.com/doi/epub/10.1177/02645505211010336">to be a good woman and a good mother</a>. </p>
<p>As a result, some of the women also look at rehabilitation processes as an opportunity for restoring their moral status as a good mother. </p>
<h2>‘Bad mothers’</h2>
<p>Our <a href="https://www.researchgate.net/publication/358198293_Women_offenders%27_experiences_of_rehabilitation_in_a_South_African_correctional_centre">findings</a> also showed that the incarcerated women experienced an internalised “bad mother” narrative. In trying to circumvent this, one of the participants pointed to good behaviour and studying with a view to restoring her motherhood status:</p>
<blockquote>
<p>Now if you doing … something better … then you are also sending a message to your kids because they will say okay at least mommy is studying. Even when you reprimand them when you say Lucy (pseudonym) do not do this then she will realise that okay mummy is a better person.</p>
</blockquote>
<h2>Correctional facilities mimic society</h2>
<p>Our study shows how the vocational activities for incarcerated women in South Africa are in line with what a patriarchal society demands. While it may be argued that the women are being equipped with skills they can use upon their release to earn an honest living, their relegation to such domestic activities as sewing and beading needs to be challenged.</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/juvenile-offenders-in-ghana-arent-prepared-for-rejoining-society-how-the-system-is-failing-them-203253">Juvenile offenders in Ghana aren't prepared for rejoining society - how the system is failing them</a>
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<p>While the odds of securing a “decent job” are reduced for many offenders, it doesn’t justify the relegation of women into stereotypical and gendered rehabilitative practices. We therefore argue that all incarcerated women should be more exposed to non-traditional vocational training which broadens their options beyond the job market into entrepreneurship post-incarceration. This is particularly important in view of women’s much more nuanced pathways to crime, with economic marginalisation as one of the factors, especially in the South African context. </p>
<p>Rehabilitation experiences for women offenders should include programmes that empower them financially, such as entrepreneurship and technical skills, including computer literacy. They must be equipped with skills that will contribute to lessening re-offending.</p><img src="https://counter.theconversation.com/content/210391/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sibulelo Qhogwana received funding from the Institute for the Humanities and Social Sciences. </span></em></p><p class="fine-print"><em><span>Puleng Segalo receives funding from the National Institute for the Humanities and Social Sciences. </span></em></p>Inmates who are mothers tend to be accused of being bad parents.Sibulelo Qhogwana, Senior lecturer, University of JohannesburgPuleng Segalo, Chief Albert Luthuli Research Chair, University of South AfricaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2131662023-09-12T16:09:05Z2023-09-12T16:09:05ZDaniel Khalife: escapes are just one symptom of a failing prison system<figure><img src="https://images.theconversation.com/files/547516/original/file-20230911-17-b7cr2r.jpg?ixlib=rb-1.1.0&rect=45%2C28%2C3756%2C2489&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">HMP Wandsworth.</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/london-march-2018-exterior-her-majestys-1049300663">William Barton/Shutterstock</a></span></figcaption></figure><p>Following the recapture of escaped terror suspect Daniel Khalife, there will no doubt be an inquiry into the prison system and how an inmate managed to apparently strap himself to a van and be driven out under the noses of prison security. But whether another inquiry prompted by a prison escape will actually focus on the very many problems besetting the UK’s prison system is another matter altogether.</p>
<p>This is the first time I’ve seen this much attention paid to prisons since I <a href="https://www.bitebackpublishing.com/books/out-of-sight-out-of-mind">published my book</a> on the failure of Britain’s prisons a decade ago. As a former governor of HMP Belmarsh and Brixton, as well as a former prisons inspector, I am intimately familiar with the reality behind the intrigue of a prison escape.</p>
<p>The current structure of the English and Welsh prison service is predicated on escapes. The 1960s saw several <a href="https://www.bitebackpublishing.com/books/out-of-sight-out-of-mind">high-profile prison escapes</a>, most notably the Great Train Robbers, Charlie Wilson (from HMP Winson Green, Birmingham) and Ronnie Biggs (also from HMP Wandsworth). This was followed by the even more audacious escape of spy George Blake from Wormwood Scrubs in October 1966.</p>
<p>The resultant furore triggered an inquiry and subsequent <a href="https://www.jstor.org/stable/23635215">report by Lord Mountbatten</a>. A key outcome was the creation of the prison categorisation system, <a href="https://prisonjobs.blog.gov.uk/your-a-d-guide-on-prison-categories/">A,B,C,D</a>, which is still in place today. </p>
<p>The highest security prisons are Category A, and the lowest are Category D – “open” prisons, with minimal security. In the latter, prisoners who have been risk-assessed are allowed to spend most of their day away from the prison for work or education. Most prisoners are located in a Category C, which are training and resettlement prisons. Prisoners will have a relatively short time left to serve and security is only a 5m fence. </p>
<p>HMP Wandsworth, where Khalife escaped from, is a Category B – less secure than a Category A, these are either local or training prisons. The former hold prisoners from the local area (sentenced or on remand), while the latter hold long-term and some high-security prisoners. </p>
<p>Sixty years later, this system still determines how prisons are run and funded. The <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1140557/costs-per-place-and-costs-per-prisoner-2021-to-2022-summary.pdf">average annual overall cost</a> of a prison place in England and Wales is now £48,162. The cost in a high-security prison can be double this, and half as much in an open prison. </p>
<h2>Ease of escape</h2>
<p>From the 1960s – and for the rest of the century – escapes dominated the prison psyche. In those days you could run and hide, you could just about get by, and if sufficiently equipped, make it to the <a href="https://www.theguardian.com/news/2021/may/20/a-united-nations-of-how-marbella-became-a-magnet-for-gangsters">“Costa Del Crime”</a>, where the lack of an extradition treaty between the UK and Spain from 1978 until 1985 made it a desirable <a href="https://www.theguardian.com/uk/2001/nov/23/ukcrime.derekbrown">destination for criminals</a>.</p>
<p>While escapes over secure Victorian prison walls get all the attention, it has always been easier to get out between prisons – on the way to courts and hospitals, where the only “perimeter” is a hapless individual or two on low pay in a <a href="https://www.theguardian.com/uk/2013/apr/30/two-escape-prison-van-salford">glorified transit van</a>.</p>
<p>It would also have been simplicity itself for a gang to break in and get you out. But while the movies enthusiastically embraced such scenarios, serious organised criminals and terrorists baulked at the challenge, given the resources required and the high levels of surveillance in the modern world. The last such escape was by helicopter from <a href="https://www.leicestermercury.co.uk/news/local-news/one-uks-most-daring-prison-7951589">HMP Gartree in 1987</a>.</p>
<p>Escape rates have <a href="https://data.justice.gov.uk/prisons/public-protection/escapes">fallen over the years</a>. A major turning point was the escape of six prisoners from a special security unit at Whitemoor Prison in Cambridge on September 1994. The escape led to the <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/272031/2741.pdf">Woodcock inquiry</a>, which recommended an overhaul of security mechanisms and procedures that effectively introduced the “maximum-security” of today.</p>
<p>Unfortunately, the success of prisons is still largely measured primarily on two things, escapes and riots. Both are now rare, not because of the success of politicians, but because the world has changed. </p>
<p>If you escape today, there is nowhere to hide in a world of high surveillance and communications. George Blake <a href="https://spyscape.com/article/the-spy-who-got-away-george-blake-and-the-great-prison-escape">got to Moscow</a>, Daniel Khalife only made it as far as Chiswick. Many escapees <a href="https://www.bbc.co.uk/news/uk-england-39037965">simply go home</a>. A few organised criminals sprung from prison vans are caught at their next crime scene. </p>
<figure class="align-center ">
<img alt="A pair of hands hanging onto the top of a concrete wall, topped with barbed wire" src="https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/547520/original/file-20230911-21-mgmn6z.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Prison escapes have fallen over the years.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/mens-hands-on-concrete-fence-against-1738368002">Anakumka/Shutterstock</a></span>
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<h2>Crime within prison</h2>
<p>The current chief inspector of prisons, <a href="https://www.independent.co.uk/voices/wandsworth-prison-inmates-daniel-khalife-b2408061.html">Charlie Taylor</a>, and his predecessors over the past two decades have told us all we need to know about deteriorating prison conditions, <a href="https://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2022/07/Wandsworth-IRP-web-2022.pdf">including at Wandsworth</a>. Overcrowding and high staff turnover are two of many chronic problems that likely contributed to the <a href="https://www.theguardian.com/society/2023/sep/07/daniel-khalife-escape-uk-prison-conditions">lax security</a> Khalife took advantage of.</p>
<p>But this rare escape is overshadowing other security breaches that we don’t talk about.</p>
<p>Prisoners, even those who do not escape, are resourceful. Some will spend their time gaining qualifications, skills and training, although such opportunities are <a href="https://publications.parliament.uk/pa/cm5803/cmselect/cmeduc/56/summary.html">declining</a>, largely due to <a href="https://www.prisonerseducation.org.uk/2022/08/prison-education-undervalued-and-under-resourced/">lack of funding</a>.</p>
<p>Others can make money smuggling drugs and mobile phones in an environment where the prices are inflated, the demand insatiable and the business lucrative. A recent <a href="https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/hmp-woodhill-urgent-notification/">inspection of HMP Woodhill</a> – a purpose built, hi-tech Category A jail Mountbatten would be proud of – revealed 38% of prisoners were testing positive for drugs (a gross underestimation in my experience). </p>
<p>Serous organised crime is seriously well-organised in prison, helped by demoralised, poorly trained, poorly paid and poorly led staff who are easy prey to manipulation, intimidation and threats. </p>
<p>It would be nice to think that Khalife’s escape is trigger for society to wake up to the dire circumstances in Britain’s failing prison system. This brief media frenzy comes after two decades of malaise, where politicians can’t think beyond “getting tough” on crime. But it is further proof of what I and many others have argued for years: Britian’s prisons, in their current form, do not work.</p><img src="https://counter.theconversation.com/content/213166/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>John Podmore does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Escapes are rare, and overshadow the security breaches going on inside prisons every day.John Podmore, Professor of Sociology, Durham UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2123772023-08-29T05:58:10Z2023-08-29T05:58:10ZQueensland is not only trampling the rights of children, it is setting a concerning legal precedent<figure><img src="https://images.theconversation.com/files/545217/original/file-20230829-15-kralxz.jpg?ixlib=rb-1.1.0&rect=280%2C358%2C2086%2C1257&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>Last week, the Queensland parliament <a href="https://www.theguardian.com/australia-news/2023/aug/25/keeping-kids-in-watch-houses-why-the-queensland-government-could-change-the-law-to-suit-itself">voted</a> to override its own human rights law in order to enable children to continue to be detained in police watch houses and adult detention facilities. </p>
<p>This was not the first time it had taken such a step. In March, the parliament <a href="https://www.theguardian.com/australia-news/2023/feb/21/queensland-to-override-states-human-rights-act-in-bid-to-make-breach-of-bail-an-offence-for-children">passed</a> amendments to override the state’s <a href="https://www.legislation.qld.gov.au/view/html/inforce/current/act-2019-005">Human Rights Act</a> to create an offence for children who breach bail conditions, require a sentencing court to consider a child’s bail history, and enable a child to be declared a serious repeat offender. </p>
<p>These moves have attracted a significant amount of criticism because they come so soon after the state’s Human Rights Act was adopted. And they are serious because children’s rights are the ones being trampled – twice – and children are among the most vulnerable members of our community, even when they commit crimes.</p>
<p>What has received less attention, however, is the fact the parliament’s actions also go against international human rights protections under treaties such as the <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights">International Covenant on Civil and Political Rights</a> and the <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child">Convention on the Rights of the Child</a>. </p>
<p>In addition, overriding the Human Rights Act twice could create a pattern we should be extremely concerned about. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1695911700938289280"}"></div></p>
<h2>International human rights protections</h2>
<p>International conventions broadly obligate parties to make the best interests of children a primary consideration in all actions concerning them. These conventions and applicable international standards also assert that the incarceration of children should be a last resort and juveniles should be treated in an age-appropriate way in criminal justice proceedings. </p>
<p>The Queensland government relied on these specific international human rights protections when it drafted its Human Rights Act, which I have extensively reviewed in my <a href="https://store.lexisnexis.com.au/categories/practice-area/jurisdiction-827/an-annotated-guide-to-the-human-rights-act-2019-qld-skuan_annotated_guide_to_the_human_rights_act_2019_Qld">new book</a> (written with Peter Billings).</p>
<p>For instance, section 33 protects children’s rights in the criminal justice process, including a child’s right to be segregated from adults in detention and a convicted child’s right to receive age-appropriate treatment. </p>
<p>In addition, section 32(3) provides that a child charged with a criminal offence has the right to procedures that are age-appropriate and rehabilitation-focused.</p>
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Read more:
<a href="https://theconversation.com/locking-up-kids-has-serious-mental-health-impacts-and-contributes-to-further-reoffending-194657">Locking up kids has serious mental health impacts and contributes to further reoffending</a>
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<p>These rights recognise that children are entitled to special protection because of their younger age, different needs and relative immaturity. Everyone detained by the government is vulnerable, but children are particularly so.</p>
<p>Although Australia has ratified both international conventions, it has done so with objections. These include giving “responsible authorities” some discretion to decide that segregation of child and adult detainees might not be beneficial if it separates children from their families. </p>
<p>However, this objection does not seem relevant to the recent legislative moves in Queensland because detaining youth offenders alongside adults is unlikely to benefit the children concerned. </p>
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<h2>Youth offenders and detention</h2>
<p>Recent news stories about the alleged <a href="https://www.abc.net.au/news/2023-08-23/qld-youth-crime-rally-brisbane-protest-juvenile-justice/102765410">criminal offences</a> committed by juveniles in Queensland are immeasurably sad. Yet, in many respects, everyone is on the same page about these issues. No one has said a child who commits a serious crime should not face consequences. </p>
<p>But consequences for youth offenders must take into account their age, intellectual and physical development and disabilities, and potential for rehabilitation. </p>
<p>Even when a child who has committed a serious offence is sentenced to a significant term of imprisonment, the Victorian Supreme Court has <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2007/489.html">noted</a> his or her prospects for rehabilitation are “very much more advanced” by serving the term in youth detention rather than an adult prison. </p>
<p>In other words, youth offenders should not be held in detention facilities with adults. Police watch houses and adult detention centres are not safe places for any young person. </p>
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Read more:
<a href="https://theconversation.com/we-cant-go-shopping-without-police-coming-north-queenslands-at-risk-youth-feel-excluded-and-heavily-surveilled-211885">'We can’t go shopping without police coming': north Queensland's at-risk youth feel excluded and heavily surveilled</a>
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<p>The Youth Advocacy Centre <a href="https://yac.net.au/2023/05/11/queensland-locking-up-more-children-than-any-other-state">reports</a> that more children are incarcerated in Queensland than in any other state. This is an appalling statistic, especially because many young offenders have themselves been <a href="https://yac.net.au/2023/01/30/stop-youth-crime-get-smarter-not-tougher/">victims of crime</a>, trauma or abuse, were raised in unsafe families or <a href="https://theconversation.com/does-our-child-protection-system-cause-young-people-to-commit-crimes-the-evidence-suggests-so-127024">out of home care</a>, or have severe disabilities. </p>
<p>The Queensland government claims the recent legislative moves to override the Human Rights Act will enhance community safety and clarify administrative arrangements for youth detention. However, there is overwhelming <a href="https://www.qcoss.org.au/communities-less-safe-detaining-kids">evidence</a> that youth detention does not necessarily make communities safer or deter or rehabilitate young offenders. In fact, it may increase the likelihood of <a href="https://www.couriermail.com.au/news/opinion/opinion-stop-this-mad-race-to-the-bottom-on-youth-justice/news-story/8777ccb214f43089b4741d94976b810c">reoffending</a>.</p>
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<h2>Concerning trend of legislative overrides</h2>
<p>Rather, these amendments in Queensland are largely serving a political purpose. This is because any move by a parliament to override an established law should only be done in exceptional circumstances, such as a war, state of emergency or crisis threatening public safety, health or order. </p>
<p>In Victoria, the override provision in the <a href="https://www.legislation.vic.gov.au/in-force/acts/charter-human-rights-and-responsibilities-act-2006/015">Charter of Human Rights and Responsibilities</a> has been used in the past in situations that did not appear to meet the exceptional circumstances threshold. In 2015, a review of the charter recommended the repeal of the override power, calling it unnecessary and unhelpful. </p>
<p>Surprisingly, no such overrides were declared either in Victoria or Queensland – the two states that have human rights laws with this provision – during the COVID-19 public health emergency. </p>
<p>As the Queensland parliament’s actions demonstrate, legal protections for human rights remain frail and subject to the whims of governments or the prevailing moods of their electorates. The Human Rights Act itself is an ordinary law, which means future governments could dilute, amend or even repeal it. (Hopefully, Queenslanders would not stand for this.) </p>
<p>The Act can also be weakened if the parliament overrides its protections too many times. Queensland has now done it twice in six months. This must be taken seriously. Let’s hope we don’t see a pattern of these types of actions – it would make a mockery of human rights protections in Queensland. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/raising-the-age-of-criminal-responsibility-is-only-a-first-step-first-nations-kids-need-cultural-solutions-186201">Raising the age of criminal responsibility is only a first step. First Nations kids need cultural solutions</a>
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<img src="https://counter.theconversation.com/content/212377/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nicky Jones does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>In six months, the state’s parliament has voted to override its own Human Rights Act, not once but twice.Nicky Jones, Senior Lecturer, University of Southern QueenslandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2103612023-08-21T12:25:17Z2023-08-21T12:25:17ZThe idea that imprisonment ‘corrects’ prisoners stretches back to some of the earliest texts in history<figure><img src="https://images.theconversation.com/files/543081/original/file-20230816-27-7c81zv.jpeg?ixlib=rb-1.1.0&rect=0%2C0%2C1022%2C873&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Hymn to the Goddess Nungal, on display at the Institute for the Study of Ancient Cultures at the University of Chicago.</span> <span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:Hymn_to_the_goddess_Nungal_by_a_scribe_accused_of_a_capital_offense_-_Oriental_Institute_Museum,_University_of_Chicago_-_DSC07107.JPG">Daderot/Wikimedia Commons</a></span></figcaption></figure><p>Prisons are places of suffering. But in theory, they aim for something beyond punishment: reform.</p>
<p>In the United States, the goal of prisoner rehabilitation can be traced back, in part, to the 1876 opening of <a href="https://nyupress.org/9780814766231/benevolent-repression/">the Elmira Reformatory</a> in upstate New York. Purported to be an institution of “benevolent reform,” the reformatory aimed to transform prisoners, not just deprive them – though founder Zebulon Brockway, known as the “Father of American Corrections,” was notoriously harsh. </p>
<p>Other states soon adopted the reformatory model, and the notion that prisons are <a href="https://global.oup.com/academic/product/prisons-in-ancient-mesopotamia-9780192849618?cc=us&lang=en&">places to “correct” people</a> has become a staple of the judicial system.</p>
<p>But the idea that imprisonment and suffering were supposedly good for the prisoner didn’t emerge in the 19th century. The earliest evidence <a href="https://global.oup.com/academic/product/prisons-in-ancient-mesopotamia-9780192849618?cc=us&lang=en&">goes back some 4,000 years</a>: to a hymn in Mesopotamia, in modern-day Iraq, praising a prison goddess named Nungal.</p>
<p>Almost a decade ago, <a href="https://rts.academia.edu/NicholasReid">as a graduate student</a> researching <a href="https://ora.ox.ac.uk/objects/uuid:a693cd93-092e-4118-ae02-b9775bc2285e">slavery in early Mesopotamia</a>, I came across numerous texts dealing with imprisonment. Some were administrative documents dealing with everyday accounting information. Others were legal texts, literature or personal letters. I became fascinated with <a href="https://global.oup.com/academic/product/prisons-in-ancient-mesopotamia-9780192849618?cc=us&lang=en&">imprisonment in these cultures</a>: Most of them detained suspects only briefly, but in literary and ritual texts, imprisonment was seen as a transformative, purifying experience.</p>
<h2>The ‘house of life’</h2>
<p>Around 1,800 B.C., students training as scribes at Nippur, an ancient Sumerian city, frequently copied from a selection of <a href="https://www.isdistribution.com/BookDetail.aspx?aId=17307">10 literary works</a>. Using cuneiform, these aspiring scribes would copy texts that included the exploits of the legendary hero Gilgamesh as he <a href="https://etcsl.orinst.ox.ac.uk/section1/tr1815.htm">fought the beast Huwawa</a>, the fearsome <a href="https://www.britishmuseum.org/collection/object/W_1883-0118-AH-2598">guardian of the forest</a>. They wrote about <a href="https://etcsl.orinst.ox.ac.uk/section2/tr24201.htm">a great Mesopotamian king named Šulgi</a>, <a href="https://cdli.ox.ac.uk/wiki/doku.php?id=biography_shulgi">who claimed to be a god</a>. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A slate-colored ancient seal has characters and an etching of a kneeling man holding a lion above his head." src="https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=389&fit=crop&dpr=1 600w, https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=389&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=389&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=489&fit=crop&dpr=1 754w, https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=489&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/543082/original/file-20230816-46396-o65x9h.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=489&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A seal from around the ninth-seventh century B.C. shows Gilgamesh overpowering a lion.</span>
<span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/seal-depicting-a-bearded-hero-gilgamesh-kneeling-and-news-photo/152191411?adppopup=true">Werner Forman/Universal Images Group/Getty Images</a></span>
</figcaption>
</figure>
<p>And as the master scribe dictated these various texts, the students also heard about a prison goddess named Nungal.</p>
<p>Though her justice was inescapable, Nungal was also celebrated for her compassion. Her “house” brought suffering upon prisoners, whose sorrow gave rise to lament. Through that lament, however, prisoners could be purified of their sins and made right with their personal gods, who were their protectors and mediators before <a href="https://www.metmuseum.org/toah/hd/deit/hd_deit.html">the greater gods</a>. </p>
<p>The “Hymn to Nungal,” which dates from the second <a href="https://www.harrassowitz-verlag.de/title_5565.ahtml">or third millennium B.C.</a>, details how a guilty prisoner sentenced to death was not killed, but snatched “from the jaws of destruction” and put in Nungal’s house, which she calls a “house of life” – but also a place of suffering, isolation and pain.</p>
<p>Still, the hymn describes prisoners <a href="https://etcsl.orinst.ox.ac.uk/section4/tr4281.htm">transformed by their time in prison</a>. The goddess says her house is “built with compassion, it soothes the heart of that person, and refreshes his spirits.” Eventually, she continues, they will lament and be purified in the eyes of their deity: “When it has appeased the heart of his god for him; when it has polished him clean like silver of good quality, when it has made him shine forth through the dust; when it has cleansed him of dirt, like silver of best quality … he will be entrusted again into the propitious hands of his god.”</p>
<h2>Fact vs. fiction</h2>
<p>The extent to which the ancients <a href="https://www.classics.ox.ac.uk/event/the-gods-in-literature-myth-theology-and-belief-in-ancient-near-eastern-and-greek-poetry">believed such stories about the gods</a> remains a matter of debate. Were texts like the “Hymn to Nungal” matters of sincere religion or just fairy tales that no one took seriously?</p>
<p>Since it is a literary text, it is not a reliable source about the justice system, either. Mesopotamian kingdoms during that time seem to have used prisons to detain suspects prior to punishment, similar to jails that hold suspects before trial today. They also <a href="https://global.oup.com/academic/product/prisons-in-ancient-mesopotamia-9780192849618?cc=us&lang=en&">detained people to force them to pay a fine or debt</a>, and to coerce labor – sometimes for over three years. But punishment, which typically involved physical or financial consequences, did not include time in prison.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A faded blue tile shows tan-colored figures walking in a line." src="https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=285&fit=crop&dpr=1 600w, https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=285&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=285&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=358&fit=crop&dpr=1 754w, https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=358&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/543108/original/file-20230816-17-g5ko5q.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=358&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A detail from the Standard of Ur, from third-millennium B.C. Sumeria, shows prisoners of war between soldiers. (Held in the British Museum)</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:Standard_of_Ur_-_War_-_Detail_Top_Right.jpg">LeastCommonAncestor/Wikimedia Commons</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
</figcaption>
</figure>
<p>Still, detainment entailed suffering, with one prisoner describing the “prison” as a “house of distresses or famine” in <a href="https://brill.com/edcollbook/title/3183">a letter written to his superior</a>. <a href="https://brill.com/display/title/297">In another text</a>, the sender says he was released but complains of beatings that another prisoner endured as part of the investigative process – although the sender does not mention the nature of the suspected offense. </p>
<p>However, scholars <a href="https://www.harrassowitz-verlag.de/title_5565.ahtml">Klaas Veenhof</a> and <a href="https://www.lesbelleslettres.com/livre/9782251446714/la-vie-meconnue-des-temples-mesopotamiens">Dominique Charpin</a> have found evidence of Nungal playing a role in the judicial process. At some temples, oaths would be taken in the presence of a throw-net, similar to what is used to cast for fish, which symbolized Nungal and inescapable justice.</p>
<p>The vision cast in the hymn was likely folded into a later ritual practice where imprisonment was used to purify the king. During <a href="http://www.islet-verlag.de/BandAmbos2.html">the New Year festival</a>, the king was stripped of his regalia and entered a makeshift prison made of reeds, where the king offered prayers to the gods for his sins. Through prayer and ritual, he was deemed purified and able to resume his royal duties.</p>
<h2>Yesterday and today</h2>
<p>While most people may not have spent long periods in Mesopotamian prisons, <a href="https://global.oup.com/academic/product/prisons-in-ancient-mesopotamia-9780192849618?cc=us&lang=en&">they did suffer in them</a>. Perhaps it is that experience that caused a text like the “Hymn to Nungal” to be written, exploring how such an experience could be used <a href="http://www.islet-verlag.de/BandAmbos2.html">to reform the prisoner through lament</a>. </p>
<p>The notion that imprisonment can be good is pervasive, but is it accurate? How prison systems think about reform is very different today than how the “Hymn to Nungal” envisions it. Yet the powerful idea that suffering can be good for prisoners has deep historical roots – allowing incarceration systems to claim that the suffering within their walls is compassionate.</p><img src="https://counter.theconversation.com/content/210361/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>J. Nicholas Reid does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Mesopotamia’s prisons were built for detaining people, not punishing them. But they shaped powerful ideas about justice and reform that aren’t so different from today’s.J. Nicholas Reid, Professor Old Testament and Ancient Near Eastern Studies, Reformed Theological SeminaryLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2089492023-07-24T20:10:09Z2023-07-24T20:10:09Z‘They weren’t there when I needed them’: we asked former prisoners what happens when support services fail<p>When Geoff* left prison after his sentence ended, he was told he would be provided with help to return to the community and get on with this new chapter in life. </p>
<blockquote>
<p>They promised a lot. Like you know transitioning to housing, even help with you know finding work and that, but […] none of those promises were met.</p>
</blockquote>
<p>The result was sadly predictable. Geoff was unable to access public housing due to a lengthy wait list and he soon found himself rotating between staying with friends or at hostels and living on the street. </p>
<p>Geoff’s story is not uncommon, as we discovered when we <a href="https://www.sciencedirect.com/science/article/abs/pii/S0955395922003413">interviewed</a> 48 people formerly incarcerated in Victoria (33 men, 15 women) for a <a href="https://www.unsw.edu.au/research/csrh/our-projects/identifying-factors-that-improve-the-health-of-people-newly-released-from-prison-who-inject-drugs">study</a> on post-release pathways among people who inject drugs. All had a history of drug use.</p>
<p>We wanted to know more about how they were supported to find housing and work, obtain medical care or, for those wanting to do so, access help to get off drugs. Getting this kind of pre- and post-release support can drastically reduce the risk of the person re-offending.</p>
<p>Our <a href="https://www.sciencedirect.com/science/article/abs/pii/S0955395922003413">analysis</a>, published in the International Journal of Drug Policy, reveals how services can play a crucial role in post-release success for people leaving prison.</p>
<p>Systemic failures can ultimately perpetuate the “<a href="https://theconversation.com/the-social-determinants-of-justice-8-factors-that-increase-your-risk-of-imprisonment-203661">revolving door</a>” of incarceration.</p>
<h2>System failure</h2>
<p>In 2019‑20, <a href="https://www.pc.gov.au/ongoing/report-on-government-services/2021/justice">46%</a> of prisoners released in 2017-18 had returned to prison within two years.</p>
<p>People who inject drugs are disproportionately more likely to return to prison. This suggests a systemic failure; something is going wrong in the way we provide services to this group of people.</p>
<p>For this analysis, “service providers” include actors such as:</p>
<ul>
<li><p>the state correctional authority (specifically, prison programs staff such as those responsible for pre-release planning and identifying support needs following release)</p></li>
<li><p>prison health staff</p></li>
<li><p>community service providers (such as housing providers and Centrelink)</p></li>
<li><p>mental health, alcohol and other drug services, as well as pharmacies; and </p></li>
<li><p>non-government organisations.</p></li>
</ul>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/535251/original/file-20230703-146989-lezsaf.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Systemic failures can ultimately perpetuate the revolving door of incarceration.</span>
<span class="attribution"><span class="source">Shutterstock</span></span>
</figcaption>
</figure>
<p>We found experiences within the first day or two of release can dramatically shape a person’s post-release pathway.</p>
<p>For example, when Jidah got out of prison, he needed crucial medication for his opioid dependence. Unfortunately, his prescription was not transferred to his community pharmacy: </p>
<blockquote>
<p>When I got released, I was on the Suboxone and I thought everything was
going to be fine in regards to me going straight to my chemist and picking up my dose. And I’ve gone there and nothing was sent through. And I was that frustrated that it caused me to relapse and get back on the heroin. </p>
<p>I felt like I was just left to fend for myself and to be in a vulnerable place, especially when you get out of jail, ‘cause you are relying on these organisations. […] I done what was asked of me, but they weren’t there when I needed it, so it caused me to be in a bad position, in a bad place.</p>
</blockquote>
<p>Khish told us he was given some support in getting set up for post-prison life but the help was limited.</p>
<blockquote>
<p>Well, they [prison-based staff] made sure that I would be getting Centrelink payments, so they organised for that, for me to talk to people from Centrelink, so that the day of release I would have some money to get a place to stay and stuff like that. That was the only thing that they actually did, yeah.</p>
</blockquote>
<h2>Trust is key</h2>
<p>Being able to trust a service provider is crucial and can enable a smoother transition to community. </p>
<p>However, being honest with a service provider could be a lucky dip for many of our interviewees; in some cases it could lead to necessary support, while others felt it risked reincarceration.</p>
<p>Parole officers can play a crucial role but people’s experiences varied. Dan had a positive experience, saying: </p>
<blockquote>
<p>they just try to coach you through it and try to keep you out of jail, which is good, because that’s not helping anyone anyway.</p>
</blockquote>
<p>Ben, however, didn’t find his parole officer “useful”, saying:</p>
<blockquote>
<p>They’re not really there to help you. They’re just there to discipline you and make sure you do it properly, I suppose. They’re there to watch over you, but they say they can help.</p>
</blockquote>
<h2>Getting the right support can be ‘life-changing’</h2>
<p>We did hear some success stories. Anthony told us:</p>
<blockquote>
<p>I’ve always re-offended, relapsed quite hard and everything, but the difference this time was […] even the staff, the corrections staff, down to the magistrate, I can’t explain the level of empathy and effort they put into me is just huge. Yeah, it has been life-changing.</p>
</blockquote>
<p>Overseas examples also show what’s possible. A recently adopted philosophy in the US state of Maine (referred to as <a href="https://www.maine.gov/corrections/mmc#:%7E:text=This%20operating%20philosophy%2C%20known%20as,to%20rebuild%20and%20transform%20lives.">Maine Model of Corrections</a>) has involved overhauling the way the system supports people during incarceration and preparing for release. The primary goal of the new philosophy is to “rebuild and transform lives”.</p>
<p>Under this new philosophy, Maine’s prisons focus on rehabilitation and growing respect between correctional officers and people who are incarcerated. In these prisons, the words “prisoners” and “inmates” are replaced with “<a href="https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/WE%20%282022%29%20-%20Destigmatizing%20Corrections.Language%20Matters%20%28MDOC%29.pdf">residents</a>”. Drug dependence is treated as a matter of <a href="https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/MDOC%20MSUD%20Year%20Three%20Report%20%282022%29.pdf">health priority</a>, with all clinically eligible residents given access to medicines for substance use disorder, regardless of their release date. </p>
<p>In contrast to Jidah’s experiences above, the Department of Corrections in Maine has a <a href="https://www.maine.gov/corrections/sites/maine.gov.corrections/files/inline-files/MDOC%20MSUD%20Year%20Three%20Report-2022.pdf">multi-disciplinary team</a> to ensure continuity of care for residents receiving medicines for substance use disorder prior to release.</p>
<p>Most people leaving prison face an uphill battle of service navigation that is too often deficit-focused, intentionally seeking out the failures of the individual and centred on punitive responses.</p>
<p>Communities of justice-involved people and people who use drugs have been clear about what they need when exiting prison: help with the <a href="https://www.youtube.com/watch?v=njTVEBehDjQ">exhaustion</a> associated with re-entering the community, help to <a href="https://www.youtube.com/watch?v=2oNT7u3vJ98">build and retain trust</a>, and help from a <a href="https://www.youtube.com/watch?v=70Ctgo-rkGw">competent workforce</a> that can improve people’s post-release chances.</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/njTVEBehDjQ?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Identifying factors that improve the health of prisoners who inject drugs – Exhaustion. UNSW Community.</span></figcaption>
</figure>
<p>A culture of respect and prioritising health needs associated with opioid dependence will help many ex-prisoners transition back into community and break the “incarceration treadmill”. </p>
<p>It can help reduce the chances the prison system is simply reproducing disadvantage and replicating the problems it is ostensibly supposed to solve.</p>
<p><em>Names have been changed to protect identities. If you or someone you know needs help with exiting prison, you can find a list of resources <a href="https://www.crcnsw.org.au/get-help/">here</a>. The NSW Users and AIDS Association (NUAA) PeerLine on 1800 644 413 may also be helpful.</em></p><img src="https://counter.theconversation.com/content/208949/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Lise Lafferty does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment</span></em></p><p class="fine-print"><em><span>Carla Treloar has received funding from the NHMRC.</span></em></p><p class="fine-print"><em><span>Kerryn Drysdale does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Most people leaving prison face an uphill battle of service navigation that is too often deficit-focused, intentionally seeking out the failures of the individual and centred on punitive responses.Lise Lafferty, Senior research fellow, UNSW SydneyCarla Treloar, Director, Centre for Social Research in Health, Social Policy Research Centre, UNSW SydneyKerryn Drysdale, Senior Research Fellow, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2092172023-07-17T05:19:07Z2023-07-17T05:19:07ZThe ominous inevitability of Suzie Miller’s new play Jailbaby: often, our justice system has nothing to do with justice<figure><img src="https://images.theconversation.com/files/537621/original/file-20230717-29-dx61m2.jpg?ixlib=rb-1.1.0&rect=17%2C23%2C3976%2C2634&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Clare Hawley/Griffin Theatre Company</span></span></figcaption></figure><p><em>Review: Jailbaby, directed by Andrea James, Griffin Theatre Company</em></p>
<p>Jailbaby – a new play by <a href="https://www.theguardian.com/stage/2023/apr/27/suzie-miller-on-prima-facie-and-her-olivier-win-london-theatre-circles-see-australia-as-the-daggy-cousin">Suzie Miller</a> – takes a steely look at what happens to an 18-year-old when his life collides with a criminal justice system that is bad and getting worse.</p>
<p>Jailbaby follows the phenomenal success of <a href="https://theconversation.com/in-suzie-millers-prima-facie-theatre-finds-a-voice-of-reckoning-on-sexual-assault-and-the-law-117588">Prima Facie</a>, which scrutinised the law’s failure to protect female victims of sexual assault. Following its premiere at Sydney’s Griffin Theatre Company in 2019, Prima Facie had seasons in London and New York, winning best new play at the United Kingdom’s Olivier Awards.</p>
<p>A one-time lawyer with the Aboriginal Legal Service and Shopfront Youth Legal Centre, Miller’s plays venture into dark places few want to confront. </p>
<p>This new play focuses on jail rape, a crime that is <a href="https://pubmed.ncbi.nlm.nih.gov/26597645/">understudied, under scrutinised and underreported</a>. It takes place in an environment where seeking help or speaking up has the opposite of the intended effect. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/in-suzie-millers-prima-facie-theatre-finds-a-voice-of-reckoning-on-sexual-assault-and-the-law-117588">In Suzie Miller's Prima Facie, theatre finds a voice of reckoning on sexual assault and the law</a>
</strong>
</em>
</p>
<hr>
<h2>A life of struggle</h2>
<p>AJ is a wide-eyed teenager (compellingly played by Anthony Yangoyan). His mother (Lucia Mastrantone) is a recovering drug addict. His violent father disappeared long ago. They live in social housing. They struggle. </p>
<p>AJ has a long record of troubled behaviour, mostly property crimes, which has seen him spend time in juvenile detention. At 18, AJ is highly impressionable – even gullible – and under the thumb of some older, nastier criminals.</p>
<p>When he needs $500 to go on a soccer trip he thinks will transform his life, he chooses the wrong way to get it. </p>
<p>He imagines the “massive smart TV, MacBooks, iPad” he will stuff into a blue IKEA bag “like a Christmas stocking.”</p>
<p>“Ka-ching!” he thinks. </p>
<p>Of course, it doesn’t turn out like that.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="An actor in a green jumper" src="https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/537624/original/file-20230717-228004-8ysmle.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">AJ is compellingly played by Anthony Yangoyan.</span>
<span class="attribution"><span class="source">Clare Hawley/Griffin Theatre Company</span></span>
</figcaption>
</figure>
<h2>Imagined sacred space</h2>
<p>The courtroom of the public imagination is like the last sacred space in a secular society.</p>
<p>It is presided over by judges beyond the reach of criticism. People readily imagine a defendant’s case will be carefully considered; that everybody has a lawyer in a sharp suit who will make eloquent pleas and ask searching questions. </p>
<p>In reality, the lower courts are crowded and chaotic. A duty solicitor quoted in recent research paper <a href="https://www.uts.edu.au/research/law-health-justice/making-change/self-represented-litigants-family-law-proceedings-involving-allegations-about-family-violence">likened the civil courts to a “zoo”</a>. The criminal courts are worse. </p>
<p>Miller’s play rips right through this veil of illusion.</p>
<p>Despite his age, AJ fails to get bail. He is tried remotely via prison video link. The court appears as a tiny square on a computer screen.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A woman with a manilla folder." src="https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/537626/original/file-20230717-207908-f52ks8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">People readily imagine a defendant’s case will be carefully considered. In reality, the lower courts are crowded and chaotic.</span>
<span class="attribution"><span class="source">Clare Hawley/Griffin Theatre Company</span></span>
</figcaption>
</figure>
<p>AJ’s lawyer (Mastrantone) tries. But she is already disassociating herself from what she knows will happen. Perhaps this is just the way that lawyers cope. </p>
<p>AJ still thinks, by some miracle, he’ll get off with a warning. His mind is on his upcoming football training session. He doesn’t think the court will take away his big chance to change his life. But, of course, they do. </p>
<p>And in jail, AJ loses everything.</p>
<h2>Incarceration in Australia</h2>
<p>The back cover of the <a href="https://www.currency.com.au/books/drama/jailbaby/">published script</a> says the play pinpoints “the exact moment when it all goes so, so wrong” for AJ. </p>
<p>But that moment happened long before he took the jersey or the iPhone. It happened long before AJ was born, when politicians decided locking up more – and younger – people made them popular. </p>
<p>Even as the rate of offending in Australia <a href="https://www.google.com.au/books/edition/The_Vanishing_Criminal/RXgeEAAAQBAJ?hl=en&gbpv=0">has dropped</a>, the prison rate has <a href="https://theconversation.com/australias-prison-rates-are-up-but-crime-is-down-whats-going-on-170210">steadily climbed</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/australias-prison-rates-are-up-but-crime-is-down-whats-going-on-170210">Australia's prison rates are up but crime is down. What's going on?</a>
</strong>
</em>
</p>
<hr>
<p>Australia incarcerates <a href="https://www.prisonstudies.org/highest-to-lowest/prison_population_rate?field_region_taxonomy_tid=All">a greater percentage of its population</a> than China, Guatemala or the United Kingdom. The United States leads the world in per capita incarceration, but Australia has more people incarcerated <a href="https://www.prisonstudies.org/highest-to-lowest/pre-trial-detainees?field_region_taxonomy_tid=All">who have not been tried</a> or sentenced. </p>
<p>Children <a href="https://thediplomat.com/2023/01/the-fight-to-raise-australias-age-of-criminal-responsibility/">as young as ten are incarcerated</a> in some Australian jurisdictions. </p>
<p>Aboriginal and Torres Strait Islander people are the <a href="https://www.blackincbooks.com.au/books/black-lives-white-law">most incarcerated people in the world</a>.</p>
<p>Australian jails are brutalising. They ought to be a measure of last resort. But young people can be sent to jail simply because there are few <a href="https://apo.org.au/node/116631">diversionary programs</a> in regional, remote or rural areas, or because rehabilitation programs may be full.</p>
<p>And it happens in the dark, because newspapers <a href="https://www.theguardian.com/media/greenslade/2016/oct/28/new-studies-suggest-continuing-decrease-in-court-reporting">seldom cover the lower courts</a>, unless a celebrity is on trial.</p>
<p>Lower court judgements are rarely published. On busy days, if you blink, you will miss it.</p>
<p>Some lawyers argue this protects the “privacy” of the accused. But when an 18-year-old like AJ is sent to adult jail, that kid has a lot more than “privacy” to worry about.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-social-determinants-of-justice-8-factors-that-increase-your-risk-of-imprisonment-203661">The social determinants of justice: 8 factors that increase your risk of imprisonment</a>
</strong>
</em>
</p>
<hr>
<h2>Ominous inevitability</h2>
<p>Jailbaby is a high impact theatrical work. It contains graphic descriptions of sexual assault by straight men against younger male prisoners. The level of detail written into these descriptions is risky, but this raw brutality is the play’s strength.</p>
<p>Like a lawyer explaining legal proceedings to a client in the courtroom, Miller tells the audience what is likely to happen to AJ at every stage. This foreknowledge is horrifying, because it makes the audience complicit in the action as it unfolds.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A police line-up." src="https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/537625/original/file-20230717-210338-93bviy.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Three actors share 14 roles.</span>
<span class="attribution"><span class="source">Clare Hawley/Griffin Theatre Company</span></span>
</figcaption>
</figure>
<p>Yet, ultimately it doesn’t quite come together. One of the story strands is underdeveloped, and the middle-class characters (whose home AJ burgles) often feel like uncomfortable caricatures. </p>
<p>There are 14 roles shared between three actors, and perhaps this requires a level of dexterity that contributes to uneven performances. </p>
<p>An ominous inevitability ties the best parts of the play together. We are left with a gut-wrenching sense that, for kids like AJ, the justice system has nothing to do with justice.</p>
<p><em>Jailbaby is at Griffin Theatre Company, Sydney, until August 19.</em></p>
<hr>
<p><em>The National Sexual Assault, Family and Domestic Violence Counselling Line – 1800 RESPECT (1800 737 732) – is available 24 hours a day, seven days a week for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault.</em></p><img src="https://counter.theconversation.com/content/209217/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Camilla Nelson does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>This new play by Suzie Miller, the one-time lawyer who wrote Prima Facie, ventures into dark places few want to confront.Camilla Nelson, Associate Professor in Media and Journalism, University of Notre Dame AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2040202023-05-11T19:05:56Z2023-05-11T19:05:56ZMore than 60 per cent of incarcerated women are mothers — Listen<figure><img src="https://images.theconversation.com/files/525515/original/file-20230510-21-dajgjd.jpg?ixlib=rb-1.1.0&rect=114%2C68%2C3697%2C2011&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Many women who are incarcerated were just trying to make ends meet for their families. Here an image from a rally to demand the release of people held in jails, outside the Riverside Correctional Facility in Philadelphia, May 2020. </span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/109799466@N06/">Joe Piette/Flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-sa/4.0/">CC BY-NC-SA</a></span></figcaption></figure><iframe height="200px" width="100%" frameborder="no" scrolling="no" seamless="" src="https://player.simplecast.com/56eabf14-e95f-4a00-9938-5e9f9361e2eb?dark=true"></iframe>
<p><em>The fastest growing prison population in Canada is racialized women. The trend may be connected to rising poverty rates and the criminalization of attempts to cope with poverty.</em></p>
<p>Mother’s Day is just a few days away. It can be a complicated day. For some, it could mean a bouquet of flowers or a breakfast in bed. For others, it can mean mourning the loss of a loved one or dealing with a haunted past. And still — for others — like the <a href="https://www.oci-bec.gc.ca/cnt/rpt/annrpt/annrpt20212022-eng.aspx">66 per cent of incarcerated women in prison who are mothers,</a> it can mean something else entirely.</p>
<p>Despite a <a href="https://www150.statcan.gc.ca/n1/pub/11-630-x/11-630-x2015001-eng.htm">reduction in crime in the last 20 years in Canada</a>, many women attempting to make ends meet for their families end up colliding with the prison system. </p>
<p>In Canada, women’s prisons are filling up. In fact, <a href="https://www.criaw-icref.ca/images/userfiles/files/P4W_BN_IncarcerationRacializedWomen_Accessible.pdf">the fastest-growing prison population in Canada is racialized women</a>More than <a href="https://www.oci-bec.gc.ca/cnt/comm/press/press20200121-eng.aspx">one in three women in federal custody are Indigenous.</a> And the percentage of South Asian women and African Canadian women in custody is also disproportionately high.</p>
<p>One of the reasons the women’s prison population is rising, experts say, is <a href="https://www.huffpost.com/archive/ca/entry/women-poverty-to-prison-pipeline_ca_5cd55166e4b07bc72976ead9">poverty</a>.</p>
<p>Amidst a financial downturn and ballooning economic inequality, criminalizing attempts at survival is staggering. And the effects on families are devastating. </p>
<p>Adding to this is the complexity that <a href="https://www.cbc.ca/news/health/abuse-trauma-leads-women-in-prison-to-cry-out-for-help-1.2891680">87 percent of all women</a> in federal prisons in Canada have experienced physical or sexual abuse and many also live with mental health issues.</p>
<p><a href="https://dont-call-me-resilient.simplecast.com/episodes/66-per-cent-of-incarcerated-women-are-mothers">On this episode of <em>Don’t Call Me Resilient</em></a>, we are joined by Rai Reece, professor at Toronto Metropolitan University who researches prisons and feminist criminology. Lorraine Pinnock also joins us. She is the Ontario Coordinator for the <a href="http://wallstobridges.ca/">Walls to Bridges program</a> which helps women with education when transitioning out of the system. It’s a transition she has made herself. In 2011, Lorraine was incarcerated at the Grand Valley Institution for Women in Kitchener, Ont. She has two children.</p>
<h2>Listen and Follow</h2>
<figure class="align-right ">
<img alt="" src="https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=761&fit=crop&dpr=1 600w, https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=761&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=761&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=956&fit=crop&dpr=1 754w, https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=956&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/525512/original/file-20230510-19-5ofdrb.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=956&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The Grand Valley Institution for Women in Waterloo, Ont.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Geoff Robins</span></span>
</figcaption>
</figure>
<p>You can listen to or follow <em>Don’t Call Me Resilient</em> on <a href="https://podcasts.apple.com/ca/podcast/dont-call-me-resilient/id1549798876">Apple Podcasts</a>, <a href="https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9qZFg0Ql9DOA">Google Podcasts</a>, <a href="https://open.spotify.com/show/37tK4zmjWvq2Sh6jLIpzp7">Spotify</a> or <a href="https://dont-call-me-resilient.simplecast.com">wherever you listen to your favourite podcasts</a>. </p>
<p><a href="mailto:DCMR@theconversation.com">We’d love to hear from you</a>, including any ideas for future episodes. Join The Conversation on <a href="https://twitter.com/ConversationCA">Twitter</a>, <a href="https://www.facebook.com/TheConversationCanada">Facebook</a>, <a href="https://www.instagram.com/theconversationdotcom/">Instagram</a> and <a href="https://www.tiktok.com/@theconversation">TikTok</a> and use #DontCallMeResilient.</p>
<h2>Resources</h2>
<p><a href="https://yellowheadinstitute.org/resources/carceral-redlining-white-supremacy-the-incarceration-for-indigenous-and-black-peoples/">Carceral Redlining: White Supremacy is a Weapon of Mass Incarceration for Indigenous and Black Peoples in Canada</a> (Policy Brief: Yellowhead Institute Report) by Rai Reece</p>
<p><a href="https://nonprofitquarterly.org/what-is-abolition-feminism-and-why-do-we-need-it-now/">What Is Abolition Feminism and Why Do We Need It Now?</a> (<em>Nonprofit Quarterly</em>)</p>
<p><a href="https://demeterpress.org/books/patricia-hill-collins-reconceiving-motherhood/"><em>Patricia Hill Collins: Reconceiving Motherhood</em></a> by Kaila Adia Story</p>
<p><a href="https://doi.org/10.17645/si.v4i1.444">“Wholistic and Ethical: Social Inclusion with Indigenous Peoples”</a> by Kathleen Absolon</p>
<p><a href="https://www.universityaffairs.ca/news/news-article/university-prison-partnership-brings-hope-to-incarcerated-learners/">“University-prison partnership brings hope to incarcerated learners”</a> by Bruno Vompean (<em>University Affairs</em>)</p>
<p><a href="https://publications.gc.ca/collections/collection_2018/dpb-pbo/YN5-152-2018-eng.pdf">Update on the Costs of Incarceration - The Parliamentary Budget Office, 2018</a></p>
<p><a href="https://doi.org/10.1016/j.ssmqr.2022.100189">Advocates’ perspectives on the Canadian prison mother child program</a> (<em>Qualitative Research in Health</em>)</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1656094559972085761"}"></div></p>
<h2>From the archives - in The Conversation</h2>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/we-need-to-reclaim-the-original-intent-of-mothers-day-116798">We need to reclaim the original intent of Mother’s Day</a>
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<em>
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Read more:
<a href="https://theconversation.com/women-need-health-and-dental-care-to-stay-out-of-prison-84897">Women need health and dental care to stay out of prison</a>
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<p>
<em>
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Read more:
<a href="https://theconversation.com/prisons-are-not-the-answer-to-preventing-crime-123575">Prisons are not the answer to preventing crime</a>
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</p>
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<img src="https://counter.theconversation.com/content/204020/count.gif" alt="The Conversation" width="1" height="1" />
For Mother’s Day, we look at the fastest growing prison population in Canada — racialized women, many of whom are mothers. Experts connect the trend to rising poverty and the attempts to cope with it.Vinita Srivastava, Host + Producer, Don't Call Me ResilientBoké Saisi, Associate Producer, Don't Call Me ResilientLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2052602023-05-10T18:37:12Z2023-05-10T18:37:12ZHow colonial racism fuels Saskatchewan’s criminalization of Indigenous men<figure><img src="https://images.theconversation.com/files/524962/original/file-20230508-19-kitsc0.JPG?ixlib=rb-1.1.0&rect=0%2C431%2C2396%2C1164&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Margaret Verna Umpherville, mother of Boden Umpherville, reacts during a news conference in Saskatoon in April 2023. </span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Liam Richards</span></span></figcaption></figure><iframe style="width: 100%; height: 100px; border: none; position: relative; z-index: 1;" allowtransparency="" allow="clipboard-read; clipboard-write" src="https://narrations.ad-auris.com/widget/the-conversation-canada/how-colonial-racism-fuels-saskatchewan-s-criminalization-of-indigenous-men" width="100%" height="400"></iframe>
<p><a href="https://saskatoon.ctvnews.ca/a-sask-man-injured-in-a-violent-arrest-has-died-family-says-1.6372389">Boden Umpherville, a 40-year-old Indigenous man, recently died</a> following a brutal altercation with Saskatchewan’s Prince Albert Police Service during his arrest. </p>
<p>Twenty-five days before his death, police stopped the vehicle Umpherville was in, alleging it had been reported stolen. But <a href="https://www.cbc.ca/news/canada/saskatchewan/prince-albert-police-sirt-saskatchewan-umpherville-1.6819054">according to CBC News</a>, three other people were in the vehicle at the time, including the registered owner, who stated they had not reported the vehicle stolen.</p>
<p><a href="https://www.cbc.ca/news/canada/saskatchewan/prince-albert-police-sirt-umpherville-1.6823509">Witness video obtained by the CBC</a> shows six police officers surrounding the vehicle and using stun guns on Umpherville multiple times. One officer used pepper spray, and at least one other officer appeared to hit Umpherville before police dragged him out of the vehicle to arrest him.</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1645128260597198848"}"></div></p>
<h2>Media coverage</h2>
<p><a href="https://www.saskatchewan.ca/government/government-structure/boards-commissions-and-agencies/saskatchewan-serious-incident-response-team">Saskatchewan’s Serious Incident Response Team</a>, the civilian-led organization that investigates incidents where someone is injured or dies due to police actions or while in custody, says investigators found a loaded handgun at the scene. </p>
<p>In addition, the provincial court in Prince Albert said <a href="https://www.cbc.ca/news/canada/saskatchewan/boden-umpherville-vigil-prince-albert-police-1.6828328">a judge had issued a bench warrant for Umpherville on Jan. 5, 2023</a>, after he failed to appear in court. The charges have been stayed.</p>
<p>The reported facts so far point to alleged lethal force by law enforcement but also imply that Umpherville deserved such brute force because of suspected criminal activity.</p>
<p>It’s a narrative his brother, Darry, is resisting when he tells the media: “<a href="https://www.cbc.ca/news/canada/saskatchewan/boden-umpherville-vigil-prince-albert-police-1.6828328">My brother should be in jail, not a casket.”</a></p>
<p>The deaths of Indigenous men involving law enforcement and custody in Saskatchewan are often ignored or dismissed by broader society based on the presumption that these men <a href="https://doi.org/10.1017/S0008423906060215">endangered themselves due to their lifestyles</a>.</p>
<p>This justification leads to silence when it comes to demands for police accountability by the general public. In fact, the six officers involved in Umpherville’s death are back on active duty and treated as innocent until proven guilty. </p>
<p>That’s the opposite situation for the average Indigenous man in Saskatchewan who is often assumed guilty and has to prove he doesn’t deserve to be treated with brutality.</p>
<figure class="align-center ">
<img alt="A man in a white T-shirt and black ball cap speaks into a microphone." src="https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/524977/original/file-20230508-19-levlds.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Darry Umpherville, brother of Boden Umpherville, speaks during a news conference in April 2021.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Liam Richards</span></span>
</figcaption>
</figure>
<h2>Living the reality</h2>
<p>One of the authors of this article — Randy Morin, a Nêhiyaw man and assistant professor in Indigenous Studies at the University of Saskatchewan — lives this reality every day. </p>
<p>He recalls a particularly telling incident about a decade ago when he was pushing his groceries out to a store parking lot in Saskatoon to load into his new Honda Civic. As he started to unlock his vehicle, the shrieks of a nearby woman startled him so he turned to see what was wrong. </p>
<p>It took him a moment to realize the woman was yelling and pointing at him. </p>
<p>She thought that, as a visibly Indigenous man, he must be stealing his new vehicle. When Morin was younger, the assumption of his criminality led to his being routinely stopped by Saskatoon police.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A T-shirt reads I am just jogging." src="https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=609&fit=crop&dpr=1 600w, https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=609&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=609&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=766&fit=crop&dpr=1 754w, https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=766&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/524951/original/file-20230508-245278-tk6y3y.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=766&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Randy Morin has imagined this kind of message on his T-shirt might ease suspicion when he goes out for a run.</span>
<span class="attribution"><span class="source">(Randy Morin)</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>Today, he takes pains to avoid unwanted suspicion in public. An avid jogger, he allays the fear of others with friendly greetings and being clearly dressed in jogging garb — but others almost always jump out of his way in fear or bristle in anger towards him. </p>
<p>Morin notes: “I am thinking of making a T-shirt and writing on it ‘just jogging’ to let others know that is all I am doing. I am not running away from a crime or from the police.”</p>
<h2>Murderous ‘starlight tours’</h2>
<p>April 2023 also marked the death of <a href="https://www.cbc.ca/news/canada/saskatoon/darrell-night-died-starlight-tour-1.6818232">Darrell Night</a> at 56 years old.</p>
<p>Night is the Indigenous man who reported that Saskatoon police officers dropped him off at the city’s edge on a freezing night in January 2000 during <a href="https://gladue.usask.ca/node/2860">an infamous police practice known as “starlight tours</a>.” His story of survival led to investigations into the freezing deaths of three Indigenous men in the same area, including 17-year-old Neil Stonechild, prompting an <a href="http://www.publications.gov.sk.ca/freelaw/Publications_Centre/Justice/Stonechild/Stonechild-FinalReport.pdf">inquiry into starlight tours</a>.</p>
<figure class="align-center ">
<img alt="A patch of pavement with the names of victimized Indigenous people drawn in chalk, including Neil Stonechild." src="https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/524976/original/file-20230508-197326-ooj56b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">A man cleanses the area with sage as the names of Indigenous people victimized by the criminal justice system are written on a sidewalk during a protest in Victoria, B.C., in March 2018.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Chad Hipolito</span></span>
</figcaption>
</figure>
<p><a href="https://thestarphoenix.com/news/local-news/darrell-night-who-exposed-a-dark-underside-in-saskatoon-policing-has-died">Commenting on his ordeal years later</a>, Night pointed out he did nothing to deserve the attempted death sentence, ensuing nightmares and lifelong fear of the police.</p>
<p>Blaming individual Indigenous men for the violence they experience prevents us from seeing how those experiences are interconnected and rooted in a systemic and social culture of racism and colonialism. These issues <a href="https://equityhealthj.biomedcentral.com/articles/10.1186/s12939-021-01500-8">have been studied in-depth</a> but strangely remain unquestioned by the general public and policymakers.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/watchdog-report-into-rcmp-investigation-of-colten-boushies-death-confirms-police-racism-158507">Watchdog report into RCMP investigation of Colten Boushie’s death confirms police racism</a>
</strong>
</em>
</p>
<hr>
<h2>Making a difference</h2>
<p>A Saskatchewan-based report that’s almost 20 years old from the <a href="https://library.usask.ca/gp/sk/j/justicecommisionnationsmetis/volume1.html">Commission on First Nations and Métis Peoples and Justice Reform</a> noted that numerous entities had focused on the over-representation of Indigenous people in the criminal justice system. </p>
<p>The 2004 commission asked: “After some 30 or so previous commissions, how can we make a difference?”</p>
<p>The report’s answer in Cree was: <em>Opintowin</em>, which aims “to encourage an environment in which all people want to lift each other up as we develop as a community.” </p>
<p>The commission noted that creating such an environment requires fundamental change beyond “simple tinkering with the system” or a singular focus on policing. The same is still true in 2023.</p>
<p>As for Morin, his ideal environment is quite simply one where people do not feel threatened, inconvenienced or scared by the mere sight of him — but instead, actually see him.</p>
<p>Like Umpherville, Morin and all Indigenous people shouldn’t have to fear police who are meant to protect them but instead are still, far too often, acting as judge, jury and executioner.</p><img src="https://counter.theconversation.com/content/205260/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Indigenous people shouldn’t have to fear police who are supposed to protect them but instead still act as judge, jury and executioner.Kathy Walker, Assistant Professor, Department of Political Studies, University of SaskatchewanRandy Morin, Assistant Professor of Indigenous Studies, University of SaskatchewanLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2038112023-04-19T11:22:06Z2023-04-19T11:22:06ZPrison food: what we learned from organising food-themed art workshops for women prisoners<p>There are two common misconceptions about food in British prisons: that it is either not fit for human consumption, or too luxurious to be enjoyed by those in prison. The artworks produced by the women prisoners in our project broke down both these myths.</p>
<p>For imprisoned people, creating artworks can be a critical step in overcoming the barriers to discussing sensitive issues such as <a href="https://www.tandfonline.com/doi/abs/10.1080/03069885.2011.621526">drug use</a>, <a href="https://journals.sagepub.com/doi/abs/10.1177/1468794117694219?journalCode=qrja">mental health</a> or <a href="https://journals.sagepub.com/doi/abs/10.1177/00328855221079282?journalCode=tpjd">suicide</a>.</p>
<p>As part of <a href="https://doingporridge.com/">Doing Porridge</a>, a two-year project examining the role of food in women’s prisons, we organised workshops for women prisoners in the south-east and north of England. </p>
<p>The classes were facilitated by an art teacher who had expertise in running art programmes with people in prison. The aim was to create a space for open discussion of prison food. The final works were displayed at an exhibition entitled <a href="https://koestlerarts.org.uk/exhibitions/regional-exhibitions/on-my-plate-2023/">On My Plate</a> in Bracknell, Berkshire, in partnership with the prisons charity, Koestler Arts. </p>
<p>The women we worked with saw prison food as another form of social control. Many said they felt a loss of identity due to not cooking for themselves.</p>
<p>However, we also found some women had taken back small pockets of control by being creative with the resources they had in their cells or communal areas to concoct meals. One woman even spoke about baking a cheesecake using the microwave.</p>
<h2>What the artworks told us</h2>
<p>The diverse artworks from our workshops exemplified the tensions and challenges associated with the provision and consumption of prison food. They also highlighted the issues of body image, lack of choice, escape, and problems at home that are experienced by many women prisoners.</p>
<p>Body image is <a href="https://journals.sagepub.com/doi/abs/10.1177/1462474515623103?journalCode=puna">a contentious issue</a> for incarcerated women. Many of the artworks centred on the <a href="https://journals.sagepub.com/doi/abs/10.1111/1467-954X.00363">high-carb food</a> and lack of opportunities to exercise. These images often represented the change in the naked body and symbolised the <a href="https://onlinelibrary.wiley.com/doi/10.1111/hojo.12097">anxieties the women experienced</a> about their weight in prison.</p>
<p>Prisons are “<a href="https://www.asdan.org.uk/media/ek3p22qw/corston-report-march-2007.pdf">designed by men for men</a>”. For many women, being confined in a space that takes away freedom limits the ability to celebrate their personal identity. Analysing these artworks can develop our understanding of how they feel about their womanhood.</p>
<p>Another theme that emerged was the women’s experience of the monotonous, unchanging menus of the prison kitchen. </p>
<p>One of the images illustrated a tin of beans with the word “AGAIN” in capitals. This highlighted the distress of eating the same types of food for a long period of time, and the long-awaited but unsatiated need for nutritious and culturally diverse food.</p>
<p>The <a href="https://journals.sagepub.com/doi/pdf/10.1177/1557085118769748?casa_token=jE7uUmOidvAAAAAA:JpUK3QPx1ubDxFEI7ku-bQXt9NVEX4oQ3IGozb1Ic8b8LcyxXiEa4zRDtCliAdT5ps8cCtGLid7oSf0">importance of choice</a> in prison appeared in much of the artwork produced, from the desire for healthier food to frustrations about not having the choice to make informed decisions about what and how they eat. </p>
<p>This can be seen in motifs like bananas with human features, symbolising the desire for fruit and vegetables which are not always accessible, available or nutritious in prison.</p>
<p>In one poetic illustration entitled I Am the Artist, a prisoner wrote: “I am what I eat.” This was followed by a commentary on the foods she ate on the outside, that she saw as contributing to her identity: “I am feta: I am beetroot: I am peanut butter.”</p>
<h2>Food’s connection to home</h2>
<p>Home life was another prevalent theme, reflecting the need of many to escape the realities of prison life. Creating these artworks also provided comfort for some of the women, as they shared testimonies of the food they ate growing up, and what food they desired the most while in prison.</p>
<p>Motifs included beaches, eating with loved ones and tasty desserts, which were seen as an unobtainable fantasy – this type of food is a privilege not afforded in prison.</p>
<p>Often, art with the theme of home life represented the women’s desire to feel “normal”, something they associated with the memories and emotions around food in the home.</p>
<p>Understanding these food-themed artworks produced by imprisoned women allows a better understanding of the social inequalities they are experiencing while incarcerated. </p>
<p>Exploring their relationships with food brought invaluable understanding of their often complex and traumatic experiences, as well as the intersection of inequalities they face, from racism to sexism and poverty.</p><img src="https://counter.theconversation.com/content/203811/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Maria Adams receives funding from Economic Social Research Council. </span></em></p><p class="fine-print"><em><span>Jon Garland receives funding from the Economic and Social Research Council. </span></em></p><p class="fine-print"><em><span>Erin Power does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The artworks created by women in prison brought us greater understanding of their often complex and traumatic experiencesMaria Adams, Senior lecturer, University of SurreyErin Power, Research Fellow, Department of Sociology, Liverpool John Moores UniversityJon Garland, Professor of Criminology, University of SurreyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2030272023-04-18T12:43:50Z2023-04-18T12:43:50ZThe presidential campaign of Convict 9653<figure><img src="https://images.theconversation.com/files/520530/original/file-20230412-28-gtwh6p.jpeg?ixlib=rb-1.1.0&rect=0%2C5%2C3949%2C2883&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Eugene Debs, center, imprisoned at the Atlanta Federal Prison, was notified of his nomination for the presidency on the socialist ticket by a delegation of leading socialists who came from New York to Atlanta.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/for-the-first-time-in-history-a-candidate-for-president-has-news-photo/530858130?adppopup=true">George Rinhart/Corbis via Getty Images</a></span></figcaption></figure><p>On April 4, 2023, Manhattan District Attorney Alvin Bragg announced the indictment of former president and current presidential candidate Donald Trump on <a href="https://manhattanda.org/district-attorney-bragg-announces-34-count-felony-indictment-of-former-president-donald-j-trump/">34 felony charges</a> related to alleged crimes involving bookkeeping on a 7-year-old hush money payment to an adult film actress.</p>
<p>Trump is unlikely to wind up in an orange jumpsuit, at least not on this indictment, and probably not before November 2024, in any case. Yet if he does, he would not be the first candidate to run for the White House from the Big House. </p>
<p>In the election of 1920, Eugene V. Debs, the Socialist Party presidential candidate, <a href="https://www.britannica.com/biography/Eugene-V-Debs">polled nearly a million votes</a> without ever hitting the campaign trail. </p>
<p>Debs was behind bars in the federal penitentiary in Atlanta, Georgia, serving a <a href="https://www.smithsonianmag.com/history/fiery-socialist-challenged-nations-role-wwi-180969386/">10-year sentence for sedition</a>. It was a not a bum rap. Debs had defiantly disobeyed a law he deemed unjust, <a href="https://www.mtsu.edu/first-amendment/article/1239/sedition-act-of-1918">the Sedition Act of 1918</a>. </p>
<p>The act was an anti-free speech measure passed <a href="https://constitutioncenter.org/the-constitution/historic-document-library/detail/espionage-act-of-1917-and-sedition-act-of-1918-1917-1918">at the behest of President Woodrow Wilson</a>. The law made it <a href="https://govtrackus.s3.amazonaws.com/legislink/pdf/stat/40/STATUTE-40-Pg553.pdf">illegal for a U.S. citizen</a> to “willfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the United States government” or to discourage compliance with the draft or voluntary enlistment into the military.</p>
<p>By the time he was imprisoned for sedition, Eugene Victor Debs had enjoyed a lifetime of running afoul of government authority. <a href="https://www.britannica.com/biography/Eugene-V-Debs">Born in 1855</a> into bourgeois comfort in Terre Haute, Indiana, he worked as a clerk and a grocer before joining the Brotherhood of Locomotive Firemen in 1875 and finding his vocation as an <a href="https://debsfoundation.org/index.php/landing/debs-biography/">advocate for labor</a>. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A balding man's profile illustrating an old newspaper article headlined 'There will be work for all and wealth for all willing to work for it.'" src="https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=416&fit=crop&dpr=1 600w, https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=416&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=416&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=523&fit=crop&dpr=1 754w, https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=523&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/520533/original/file-20230412-18-1i8t9k.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=523&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Eugene Debs ran for president five times, including in 1904, when he wrote this column for The Spokane Press.</span>
<span class="attribution"><a class="source" href="https://chroniclingamerica.loc.gov/lccn/sn88085947/1904-10-26/ed-1/seq-3/">Library of Congress</a></span>
</figcaption>
</figure>
<h2>Representing American socialism</h2>
<p>For the next 30 years, Debs was the <a href="https://www.newyorker.com/magazine/2019/02/18/eugene-v-debs-and-the-endurance-of-socialism">face of socialism in America</a>. He <a href="https://www.britannica.com/biography/Eugene-V-Debs">ran for president four times</a>, in 1900, 1904, 1908 and 1912, garnering around a million votes in the last cycle.</p>
<p>“The Republican, Democratic, and Progressive Parties are but branches of the same capitalistic tree,” <a href="https://ehistory.osu.edu/exhibitions/1912/content/SocialistParty">he told a cheering mass of people</a> in Madison Square Garden during the 1912 campaign. “They all stand for wage slavery.” </p>
<p>In 1916, he opted to <a href="https://www.britannica.com/biography/Eugene-V-Debs">seek a seat in Congress</a> and deferred to socialist <a href="https://www.britannica.com/biography/Allan-L-Benson">journalist Allan L. Benson</a> to head the party’s ticket. Both lost.</p>
<p>In April 1917, when America joined World War I’s bloodbath in Europe, Debs became a fierce opponent of American involvement in what he saw as a death cult orchestrated by rapacious munitions manufacturers. On May 21, 1918, wary of a small but energized and eloquent anti-war movement, <a href="https://doi.org/10.1111/jsch.12219">Wilson signed the Sedition Act into law</a>. </p>
<p>Debs would not be muzzled. One June 18, 1918, in an address in Canton, Ohio, <a href="https://newspapers.library.in.gov/cgi-bin/indiana?a=d&d=RPD19180701.1.11&srpos=2&e=01-07-1918-01-07-1918--en-20--1--txt-txIN-%22Eugene+V.+Debs%22------">he declared that</a> American boys were “fit for something better than for cannon fodder.” </p>
<p>In short order, he was arrested and convicted of violating the Sedition Act. At his sentencing, he told the judge he would not retract a word of his speech even if it meant he would spend the rest of his life behind bars. “I ask for no mercy, <a href="https://www.cantondailyledger.com/story/opinion/columns/2018/07/02/eugene-debs-recalled-as-free/11615035007/">plead for no immunity</a>,” he declared. After a brief stint in the West Virginia Federal Penitentiary, he was sent to serve out his sentence at the Atlanta Federal Penitentiary.</p>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A vintage newspaper clipping with the headline 'Socialists Declare Old Parties Are Crumbling.'" src="https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=1103&fit=crop&dpr=1 600w, https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=1103&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=1103&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1386&fit=crop&dpr=1 754w, https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1386&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/520552/original/file-20230412-22-mce10q.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1386&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Last-minute pre-election campaigning on Debs’ behalf by the Socialist Party is described in the New York Tribune of October 27, 1920.</span>
<span class="attribution"><a class="source" href="https://www.loc.gov/resource/sn83030214/1920-10-27/ed-1/?sp=2&q=Socialist+Party+1920&st=image&r=0.205,-0.077,0.823,0.351,0">Library of Congress</a></span>
</figcaption>
</figure>
<p>Imprisonment only enhanced Debs’ status with his followers. On May 13, 1920, at its national convention in New York, the Socialist Party unanimously nominated “Convict 2253” as its standard bearer for the presidency. Debs was later given new digits, so the campaign buttons read “For President, Convict No. 9653.”</p>
<p>As Debs’ name was entered into nomination, a wave of emotion swept over the delegates, who cheered for 30 minutes before bursting into a rousing chorus of the “Internationale,” <a href="https://timesmachine.nytimes.com/timesmachine/1920/05/14/96891587.html?pageNumber=3">the communist anthem</a>. </p>
<h2>A ‘front cell’ campaign</h2>
<p>Debs’ opponents both were better funded and enjoyed freedom of movement: They were <a href="https://www.loc.gov/rr/program/bib/elections/election1920.html">Warren G. Harding, the GOP junior senator from Ohio, and James M. Cox</a>, governor of Ohio, for the Democrats. </p>
<p>Yet Debs did not let incarceration keep his message from the voters. In a wry response to <a href="https://millercenter.org/president/harding/campaigns-and-elections">Harding’s “front porch” campaign</a> style, in which the Republican candidate received visits from the front porch of his home in Marion, Ohio, the Socialist Party announced that its candidate would conduct <a href="https://timesmachine.nytimes.com/timesmachine/1920/07/11/issue.html">a “front cell” campaign</a> from Atlanta. </p>
<p>In 1920, broadcast radio was not a factor in electioneering, but another electronic medium was just beginning to be exploited for political messaging. On May 29, 1920, in a carefully choreographed event, newsreel cameras filmed a delegation from the Socialist Party arriving at the Atlanta penitentiary to inform Debs officially of his nomination. The intertitles of the silent screen described “the most unusual scene in the political history of America – Debs, serving a ten-year term for ‘seditious activities,’ accepts Socialist nomination for Presidency.” </p>
<p>After accepting “a floral tribute from Socialist women voters,” the “Moving Picture Weekly” reported, the denim-clad <a href="https://ia801302.us.archive.org/BookReader/BookReaderImages.php?id=movingpicturewe1014movi_1&itemPath=%2F0%2Fitems%2Fmovingpicturewe1014movi_1&server=ia801302.us.archive.org&page=leaf000474">Debs was shown giving</a> “a final affectionate farewell” before heading “back to the prison cell for nine years longer.” </p>
<p>At motion picture theaters across the nation, audiences watched the staged ritual and, depending on their party registration, reacted with cheers or hisses. </p>
<p>The New York Times was aghast that a felon might canvass for votes from the motion picture screen. </p>
<p>“Under the influence of this unreasoning mob psychology, the acknowledged criminal is nightly applauded as loudly as many of the candidates for the Presidency who have won their honorable eminence by great and unflagging service to the American people,” <a href="https://timesmachine.nytimes.com/timesmachine/1920/06/12/98297951.html?pageNumber=14">read an editorial from June 12, 1920</a>. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A vintage telegram regarding President Harding's commutation of Eugene Debs' sentence." src="https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=482&fit=crop&dpr=1 600w, https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=482&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=482&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=606&fit=crop&dpr=1 754w, https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=606&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/520537/original/file-20230412-16-nukmwa.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=606&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">One year after the election of 1920, President Harding commuted Debs’ sentence and he was released from prison on Christmas Day, 1921.</span>
<span class="attribution"><a class="source" href="https://www.loc.gov/item/2002697246/">Library of Congress</a></span>
</figcaption>
</figure>
<h2>Public opinion turns</h2>
<p>On Nov. 2, 1920, when <a href="https://www.britannica.com/event/United-States-presidential-election-of-1920">the election results came in</a>, Harding had trounced his Democratic opponent by a record electoral majority, 404 electoral votes to Cox’s 127, with 60.4% of the popular vote to Cox’s 34.1%. Debs was a distant third, but he had won 3.4% of the electorate – 913,693 votes. Debs’ personal best showing was in the presidential election of 1912, with 6% of the vote. To be fair, that was when he was more mobile.</p>
<p>Even with the Great War over and the Sedition Act repealed by a repentant U.S. Congress on Dec. 13, 1920, President <a href="https://www.nytimes.com/1921/02/01/archives/wilson-refuses-to-pardon-debs-rejects-palmers-recommendation-to.html">Wilson, during his final months in office, steadfastly refused</a> to grant Debs a pardon. But public opinion had turned emphatically in favor of the convict-candidate. President Harding, who took office in March 1921, finally <a href="https://www.washingtonpost.com/history/2022/01/06/warren-harding-eugene-debs/">commuted his sentence</a>, effective on Christmas Day, 1921, along with that of 23 other Great War prisoners of conscience convicted under the Sedition Act.</p>
<p>As Debs exited the prison gates, his <a href="https://www.newspapers.com/image/471549359/?terms=%22Debs%22%20%22cameras%22%20&match=1">fellow inmates cheered</a>. He raised his hat in one hand, his cane in the other, and waved back at them. Outside, the newsreel cameras were waiting to greet him.</p>
<p>It was the kind of photo op that Donald Trump might relish.</p><img src="https://counter.theconversation.com/content/203027/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Thomas Doherty does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Can you run for president from a prison cell? One man did in the 1920 election and got almost a million votes.Thomas Doherty, Professor of American Studies, Brandeis UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/2024252023-04-17T12:44:16Z2023-04-17T12:44:16ZAs Second Chance Pell Grant program grows, more incarcerated people can get degrees – but there’s a difference between prison-run and college-run education behind bars<figure><img src="https://images.theconversation.com/files/518529/original/file-20230330-27-avedhq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Only 15% of adults in prison have earned a postsecondary degree or certificate – either before or while being incarcerated.</span> <span class="attribution"><a class="source" href="https://www.gettyimages.com/detail/news-photo/walter-l-mccoy-jr-hugs-a-current-student-in-the-goucher-news-photo/1240758945">Carolyn Van Houten/The Washington Post via Getty Images</a></span></figcaption></figure><p>People in prison rarely get to go to college. </p>
<p>But an expansion in access to federal financial aid through <a href="https://theconversation.com/expansion-of-second-chance-pell-grants-will-let-more-people-in-prison-pursue-degrees-165421">Pell Grants for those who are incarcerated</a> will soon make higher education a bit more available.</p>
<p>As of 2014, <a href="https://www.newamerica.org/education-policy/reports/equipping-individuals-life-beyond-bars/results">only 15%</a> of people earn a college degree or postsecondary certificate either before or during their incarceration. Among U.S. adults as a whole in 2021, <a href="https://www.forbes.com/sites/michaeltnietzel/2023/02/01/percentage-of-us-adults-with-a-college-degree-postsecondary-credential-reaches-new-high-according-to-lumina/?sh=5f2426b14cc5">53.7% earned such degrees</a>.</p>
<p>Joshua Dankoff, who works as <a href="https://www.cfjj.org/cfjj-staff">director of strategic initiatives</a> at the nonprofit Citizens for Juvenile Justice, collects data on prison education. He found that in Massachusetts, where I live, <a href="https://cdn.theconversation.com/static_files/files/2638/Dankoff_education_pdf.pdf?1681418924">nearly 2,000</a>
of the <a href="https://www.mass.gov/info-details/cross-tracking-state-county-correctional-populations">5,300 people</a> in Department of Correction custody are on college or vocational education waitlists. <a href="https://www.tbf.org/-/media/tbf/reports-and-covers/2022/november/unlocking-college-report.pdf">Only 213</a> are enrolled in some form of postsecondary education. Just 77 are enrolled in a bachelor’s program.</p>
<p>The reason so few U.S. prisons <a href="https://sr.ithaka.org/wp-content/uploads/2019/05/SR-report-landscape-review-postsecondary-education-in-prison-053019.pdf">offer college education</a> is due to a <a href="https://www.vera.org/news/incarcerated-students-will-have-access-to-pell-grants-again-what-happens-now">1994 crime bill</a> that banned federal financial aid to people in prison.</p>
<p>The Second Chance Pell Experiment, launched by the Obama administration in 2015, reinstated Pell Grants for <a href="https://www.ed.gov/news/press-releases/us-department-education-announces-expansion-second-chance-pell-program-and-actions-help-incarcerated-individuals-resume-educational-journeys-and-reduce-recidivism">incarcerated students who are Pell-eligible</a>. To apply for Pell, students must qualify via the <a href="https://studentaid.gov/help/fafsa">Free Application for Federal Student Aid</a> form, or FAFSA, and be enrolled in college through a <a href="https://pell-grants.org/2023/01/17/everything-you-need-to-know-about-second-chance-pell-grant/">Pell-eligible institution</a> while in prison. </p>
<p>The program <a href="https://www.ed.gov/news/press-releases/us-department-education-announces-it-will-expand-second-chance-pell-experiment-2022-2023-award-year">initially covered just 67 programs</a>. An additional 67 were added in 2020.</p>
<p>The Biden administration is expanding Second Chance Pell access by adding 73 schools, including 24 historically Black colleges and universities. Beginning July 1, 2023, <a href="https://www.ed.gov/news/press-releases/us-department-education-announces-expansion-second-chance-pell-program-and-actions-help-incarcerated-individuals-resume-educational-journeys-and-reduce-recidivism">up to 200 higher education programs</a> will serve incarcerated students.</p>
<p>As the <a href="https://emerson.edu/epi/who-we-are">director of the Emerson Prison Initiative</a> at Emerson College, I believe it’s important to distinguish between the different educational programs offered within prisons. </p>
<p>There are three main types. The first includes high school equivalency and vocational programs run by departments of correction. The second is educational non-credit-bearing programs offered by outside volunteer organizations, such as gardening clubs or <a href="https://www.toastmasters.org/">Toastmasters</a>. Third are credit-bearing degree programs run by outside colleges and universities, like mine. </p>
<h2>Prison-run education programs</h2>
<p>Many U.S. states such as California, New York and Massachusetts provide adult basic education, or ABE. Some also mandate access to English language instruction. ABE is meant to improve literacy and numeracy and offer the opportunity for incarcerated people to get a high school equivalency diploma. Many prisons also offer computer classes and other supplemental, non-credit-bearing courses. </p>
<p>Researchers call educational opportunities like these “<a href="https://doi.org/10.18665/sr.311499">prison education</a>.” The programs are designed and carried out by correctional staff.</p>
<p>Although prison education programs may strive for universal benchmarks such as passing <a href="https://www.doe.mass.edu/hse/comparison.html">HiSET or GED</a> high school equivalency tests, the guidelines for who can participate are set by prison administrators in partnership with state agencies.</p>
<p>For example, in Massachusetts, the Department of Elementary and Secondary Education provides <a href="https://www.doe.mass.edu/acls/frameworks/frameworks.html">curricular standards</a> and funding for adult basic education and testing both within and outside of prison. Currently, <a href="https://cdn.theconversation.com/static_files/files/2638/Dankoff_education_pdf.pdf?1681418924">961 people incarcerated</a> in Massachusetts are on the waitlist for ABE. And while the state Department of Correction received funding for just under 200 ABE spots per year in recent years, it did not request funding for the next five years, suggesting that fewer people will have access to prison education.</p>
<p>Further, while incarcerated young people under age 22 with an identified disability and no high school diploma have a <a href="https://www2.ed.gov/policy/gen/guid/correctional-education/idea-letter.pdf">right to special education services</a>, Dankoff analyzed Massachusetts data and found that <a href="https://www.cfjj.org/s/SchoolsOut.pdf">only a fraction of young people</a> in this situation actually receive these services. This is largely because jails and prisons do a poor job identifying young people with <a href="https://www.cfjj.org/s/SchoolsOut.pdf">special education needs</a>. It is also because the systems are oriented toward punishment rather than education.</p>
<h2>College-run programs in prison</h2>
<p>Prisons also allow education programming through outside partnerships with colleges and universities. Students in “college in prison” programs are usually enrolled into college-level degree-granting programs, including certificates, associate and bachelor’s degrees. These are the types of programs that will grow under the Pell Grant expansion.</p>
<p>Many colleges and universities that bring their programming inside prison walls try to provide an education for incarcerated students that is comparable to what they provide traditional college students. Educators from the outside come into the prison to teach. The programs often offer library research support, accessibility services and academic advising as well – in line with best practices for colleges in general. However, they must adapt to censorship restrictions within prisons, as well as limited internet and technology access, along with a host of additional regulations. </p>
<h2>Power of language</h2>
<p>In my experience, many prison educators are dedicated to the transformational power of education, just like their college-in-prison counterparts.</p>
<p>However, another small but I believe important difference is that prison-run programs typically refer to incarcerated students as “prisoners” or “inmates,” continuing Department of Correction language choice. In contrast, programs like the Emerson Prison Initiative refer to the people we work with as “<a href="https://guides.library.emerson.edu/ld.php?content_id=71231573">students,” “applicants” or “students who are incarcerated</a>.” This language treats incarcerated students with respect and dignity, which I’ve argued is central to <a href="https://brandeisuniversitypress.com/title/9781684581061/">student success and well-being</a>.</p>
<p>The expansion of Pell Grants to more incarcerated people offers an opportunity to make college in prison more available while also maintaining best practices in this rapidly growing field. Such practices include little things, like the labels we use to refer to students, and big things, like ensuring that those who draw Pell Grants enroll in rigorous programs where they get a quality education and earn a degree.</p><img src="https://counter.theconversation.com/content/202425/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Mneesha Gellman is the director of the Emerson Prison Initiative, which receives funding from the Cummings Foundation, Gardiner Howland Shaw Foundation, Emerson College, and individual donors.</span></em></p>With the expansion of Second Chance Pell grants, more colleges and universities will soon offer degree programs to students in prison.Mneesha Gellman, Associate Professor of Political Science, Emerson CollegeLicensed as Creative Commons – attribution, no derivatives.