Contradictory regimes of practice: Constructs and discourses in an open prison

Using concepts from Kelly and Foucault, analysis of interviews in the mid-1990s with staff in an English open prison explores how contrasting discourses are reconciled. Two superficially antagonistic discursive formations within prison practice are described: a discourse of discipline/control and an ethic of reform and reclaiming “spoiled” criminals for good and productive life. While rhetorically at odds, they are reconciled in the working practices of prison staff, with discipline as a necessary precondition for reform. The open prisons stand for the rehabilitative ethic and the staff are proud of their work, but by the 1990s prison policy had begun to dissociate itself from promises of reform, in response to research conclusions that residential care was ineffective. This case study shows how discourses survive when they are disowned by their “owners.” The research has wider implications for an understanding of hierarchical relationships between discourses and construct-sets that prescribe different practices.

Prisoners' rights implementation in Japan: breaking the shackles with suspects

Several decades have passed since the first call was made toward political scientists, among other social scientists, to devote attention to human rights and enrich, through empirical investigations, our understanding of how human rights implementation works. Today, the political science discipline is finally beginning to respond to this appeal, with an increasing number of scholars making it their goal to isolate variables that obstruct or facilitate human rights implementation. The current paper joins this burgeoning body of literature by offering a within-case analysis of Japanese prison policy-making. In particular, I compare the 2005 bill updating the Prison Law (Kangoku hō) that had been in force in Japan since the Meiji era with an earlier draft version of that bill which appeared in parliament on three occasions since the early 1980s. On the basis of the convergence of these bills in terms of seeking to align Japan with the evolved new global standards for convicted prisoners' treatment, I argue that a three-decade delay occurred in the implementation of prisoners' rights in Japan. To account then for this delay, I point to a provision pertaining to the criminal procedure (i.e., pre-conviction) which was incorporated in the law in question in 1908 merely for pragmatic reasons, and with regard to which the modern-time stakeholders of the bar and the police could not find agreement. Ultimately, the message that this case deals to the political science of human rights is that institutional–infrastructural factors, such as ties of legal nature, matter to human rights implementation.

COVID-19 and European carcerality: Do national prison policies converge when faced with a pandemic?

The article analyses an original dataset on policies adopted in 47 European countries between December 2019 and June 2020 to prevent coronavirus from spreading to prisons, applying event-history analysis. We answer two questions: 1) Do European countries adopt similar policies when tackling the COVID-19 pandemic in prisons? 2) What factors are associated with prison policy convergence or divergence? We analyze two policies we identified as common responses across prisons around the world: limitations on visitation rights for prisoners, and early releases of prisoners. We found that all states in our sample implemented bans on visits, showing policy convergence. Fewer countries (16) opted for early releases. Compared to the banning of visitation, early releases took longer to enact. We found that countries with prison overcrowding problems were quicker to release or pardon prisoners. When prisons were not overcrowded, countries with higher proportions of local nationals in their prisons were much faster to limit visits relative to prisons in which the foreign population was high. This research broadens our comparative understanding of European carcerality by moving the comparative line further East, taking into account multi-level governance of penality, and analyzing variables that emphasize the ‘society’ element of the ‘punishment and society’ nexus.

Analysing the views of people in custody about the management of the COVID-19 pandemic in the Scottish Prison Estate

Purpose The purpose of this paper is to foreground and analyse the views of people in custody about the management of the COVID-19 pandemic within the Scottish Prison Estate. The project is unique in using a correspondence participatory action methodology to engage with a group of people in custody at one Scottish prison. Design/methodology/approach At the time of ethical approval (early April 2020), all face-to-face research projects facilitated by the Scottish Prison Service were paused. In response to these methodological challenges, a participatory correspondence methodology was designed to allow people in custody to influence the direction of this project by suggesting research questions and themes. Eight participants were selected due to previous participation in research projects at one Scottish prison. All participants were adult males and serving long-term sentences. After consent was given via post, eight letters were distributed to participants with questions about their COVID-19 experiences. Methodologically, this project illustrates the potential for correspondence methods to facilitate insights into life in custody during what emerges as a particularly challenging time. Findings Participant suggested questions were used across six subsequent letters to elicit unique insights into the COVID-19 pandemic, of lockdown and subsequent easing of lockdown conditions in custody. The main project findings relate to challenges that the participants faced in relation to communication, feelings of heightened isolation and detachment from family, friends and the normal rhythms of life in prison. Analysis of letters provides unique insights into the ways in which the COVID-19 pandemic in custody enhanced the pains of imprisonment, increasing the “tightness”, “depth” and “weight” of participants’ time in custody. Originality/value This paper is methodologically, epistemologically and theoretically original in foregrounding the views of people in custody about the management of COVID-19 in prison and using a correspondence participatory action research method. The conclusion considers the extent to which views from what might be considered the bottom of hierarchies of power within prison settings are able to influence the direction of prison policy around the management of COVID-19 and future pandemics.

A pandemia intramuros: (in)comunicabilidade de mulheres encarceradas em João Pessoa-PB

RESUMOEste artigo versa sobre os impactos da Pandemia de COVID-19 para as mulheres encarceradas na Penitenciária Feminina Maria Júlia Maranhão, localizada em João Pessoa/PB. Trata-se de um estudo de natureza qualitativa, metodologicamente embasado em entrevistas semiestruturadas e conversas informais, realizadas por telefone, junto a representantes e funcionários da unidade prisional; Revisão bibliográfica na literatura específica; Pesquisa documental junto a publicações oficiais do Governo do Estado da Paraíba, do Conselho Nacional de Justiça e Departamento Penitenciário Nacional e levantamento de informação em sites de notícias e noticiários televisivos. A abordagem em tela chama atenção para os gargalos históricos observados na interseccionalidade entre as relações de gênero, as dimensões de “raça/cor” e de classe, além de outros marcadores sociais, no contexto do Sistema Prisional Brasileiro. Os resultados permitem compreender a evolução dos casos de COVID-19 nas penitenciárias paraibanas, os impactos da Pandemia e as mudanças provocadas sobre o cotidiano de mulheres encarceradas. Palavras-Chaves: Mulheres. Prisões. Pandemia. Comunicação. Direitos Humanos. Política Prisional. The pandemic in prison: (in) communicability of women jailed, in João Pessoa / PBABSTRACTThis paper analyses the impacts of the COVID-19 Pandemic for women incarcerated at the Maria Júlia Maranhão Penitentiary, located in João Pessoa/PB/Brazil. It is a qualitative study, methodologically based on semi-structured interviews and informal conversations, conducted by telephone, with representatives and employees of that prison unit; Literature review; Documentary research with official publications of the Government of the State of Paraíba, the National Council of Justice and the National Penitentiary Department and gathering information in the news sites and television news. Our study also aims to show the historical challenges about the intersectionality between gender relations, the dimensions of “race/color”, social classes and other social markers, in the reality of the Brazilian Prison System. The results of this study show the evolution of covid-19 cases in the Paraíba penitentiaries, the impacts of the Pandemic and the changes brought about in the daily lives of women in prison.Keywords: Women. Prision. Pandemic. Comunication. Human rights. Prison Policy.

29.A. Workshop: Implementation of smokefree prisons across a national prison estate: experience from Scotland

Objective To present findings from the multi-methods, 3-Phase Tobacco in Prisons (TIPs) study, a comprehensive evaluation of the development, preparation for, implementation and outcomes of smoke free policy across Scotland's prison. Prisons had partial exemption from UK policy banning smoking in enclosed public spaces, and became one of few workplaces with continued exposure to secondhand smoke (SHS). Prison smoking bans have been introduced elsewhere, but evidence of the process and impact of implementing smokefree prisons is sparse. By presenting papers using different methods (objective measurements of SHS; qualitative focus group/interview data, surveys with people in custody and staff; prisoner purchasing data and an economic analysis), the workshop will demonstrate the success of implementing smokefree prison policy and the factors contributing to this success and related outcomes. It will discuss some of the challenging issues and decisions which other jurisdictions may face when considering a smokefree policy. Format The format of the workshop will comprise oral presentations from members of the TIPs research team. This will begin with an overview of a) the rationale for and challenges of implementing smokefree policies in the prison context, and b) the methods used during the three phases of the TIPs study. There will then be presentations on: (i) SHS exposure pre-post ban; (ii) experiences and opinions of staff including the use of e-cigarettes in prisons; (iii) the impact of smokefree policy on prisoner spend in the 'canteen' (prison shop); the impact of smokefree prison policy on medications dispensing; (v) the economic impacts of the smoke-free prison policy. As a study of an entire national prison service. This evaluation of the development, planning, implementation and impact of smokefree policy demonstrates the importance of research evidence for policy implementation, providing new evidence for other jurisdictions contemplating bans on smoking in prisons. Key messages Smokefree prison policy can be successfully implemented with support, partnership working and good communication. Exposure to secondhand smoke in prisons rapidly declines.

Economic impacts of implementing a national smoke-free prison policy

Background Worldwide, over 600,000 non-smokers are killed annually due to exposure to secondhand smoke (SHS); the UK societal cost of SHS is estimated at £700million per annum. Prior to recent smoke free policy in Scottish prisons smoking rates were very high (70-75%), well above population rates, subjecting people in custody (PiC) and prison staff to high levels of SHS. Eradicating SHS exposure in prisons could lead to improved health in previous smokers and non-smokers alike, and decrease demand on the National Health Service. However, to date, there is little evidence relating to the economic impact of smoking bans in prisons. Methods An economic evaluation estimating the short-term and lifetime impacts of smokefree prison policy in Scotland policy used data from the TIPs study (Jun 2016-Nov 2019) for prison staff and PiC. The analyses adopted a public health and personal perspective and key resources included: implementation costs, cessation support services, health service use and personal costs. For the short-term analyses data were sourced from TIPs staff and PiC surveys, and routine data from the Scottish Prison Service and NHS National Services Scotland. Outcomes included SHS exposure, staff sickness absence, violent incidents and quality adjusted life years (QALYs). The life-time analysis used a Markov model to estimate cost per QALY for both staff and PiC. Results SHS exposure measures show a median reduction of 91%. Costs and economic outcome results (mean cost pre- and post-ban, cost-consequences balance sheet and incremental cost per QALYs) are confidential until May 2020 due to their sensitivity and will be available to present at EUPHA 2020. Conclusions Previous economic evaluations have focussed on smoking bans in public places and raising the smoking age. This is the first economic analysis of a national prison smoking ban and analysis will be of interest to prison services in other jurisdictions which have yet to implement smokefree policy.

Stanford Prison Experiment (SPE): Icon and Controversy

The Stanford Prison Experiment (SPE) took place at a time when the sources of authoritarianism and evil were a focal concern in psychology. It emerged from a tradition of activist social psychological research beginning with Solomon Asch in the 1940s and extending through Stanley Milgram’s obedience experiments in the early 1960s. The SPE was a product of the research program of social psychologist Philip Zimbardo, a member of the Stanford psychology faculty since 1968. Discussions among Zimbardo’s students in spring 1971 led to a plan to simulate a prison environment. They converted portions of the basement of a University building into a combination booking room and jail. Zimbardo and a number of his graduate and undergraduate students took on supervisory roles. Before the Experiment began, paid participants recruited through newspaper advertisements were screened to eliminate obvious psychopathology, then randomly assigned to either the role of ‘guard’ or ‘prisoner.’ On the first experimental morning August 14, 1971, actual local police simulated an arrest of each of the prisoner participants. After they arrived, blindfolded, a simulated booking took place. Guards escorted them to the prison hallway where prisoners were required to strip and exchange their clothing for simple shifts and slippers. After a simulated spray delousing, they entered makeshift cells. After this, the Experiment evolved as an extended improvisation, by both the guards and prisoners, on prison-related themes. Episodes of deprivation, bullying, and humiliation emerged unplanned. Originally planned to run for two weeks, the Experiment lasted only six days, prematurely terminated when its supervising personnel judged that the simulation had gotten out of their control. The coincidence of its termination with the Attica prison uprising in New York led to its immediate dissemination in the news. Since then the SPE has become one of the most iconic psychological studies of psychology’s modern era. Although intended to expose and ameliorate bad prison conditions, its effectiveness in this regard diminished during a rapid shift in US prison policy, in the mid-1970’s, from reform to repression. Over succeeding decades, the Experiment continued to stimulate the popular imagination, leading to an extensive replication on British television and its portrayal in two feature films. Soon after its original publication, the SPE attracted criticisms of its methodology. After 2010, critical scrutiny of the SPE as well as similar iconic studies from the 1960s and 1970s increased, fueled by the growing ‘replication crisis’ in psychology. This most recent phase of criticism reflects not just a turn toward reflexive disciplinary self-criticism but also the increased availability of archival sources for examination. The SPE continues to excite both passionate support and equally passionate obloquy, much as have other comparable simulations of human social behavior.