The inheritance of colonial penological practices in the postcolonial and apartheid periods: A histography of South Africa

Colonialism has had an influence on many sectors across the board in South Africa including the prison system among others. Its impact could be seen in the way prisoners were treated during the post-colonial era and apartheid era. This paper seeks to demonstrate the relationship between the colonial, post-colonial and apartheid penological practices by examining the treatment of prisoners during the said periods. Examination of this relationship may be useful in understanding what really informed the promulgation of racist policies during the post-colonial period and apartheid period. This paper contends that the legislation that was promulgated during the post-colonial and apartheid periods, which were legislative instruments on how prisoners were treated, were in fact a formalization and continuation of what had already being practiced during the colonial era. The following themes are central to this discourse: The colonial period between the 1840s and 1909; The post-colonial period between 1910 and 1948 and; The National Party era (apartheid era): 1948 – 1993.

Experiences of access to justice for persons deprived of liberty in Ecuador

The Ecuadorian prison system has conditions that denotes a questionable validity of rights for inmates. In this context, access to justice (ATJ) is one of the most important rights to guarantee the rehabilitation of persons deprived of liberty (PDL) since confinement and the reality of the prison generate unique barriers for the ATJ. Through the analysis of in-depth semi-structured interviews, the ATJ experiences of the PDL and of actors linked to the social rehabilitation system are identified to state critical points in relation to the validity of this key right.

Songs of A Caged Bird: A Glimpse into the Being of Youth Inside the Prison System

Understanding young inmates’ experiences are essential since their lives have been shaped by the impact of social exclusion. This study aimed to explore the meaning of the lived experiences of young adults inside the prison system. The phenomenological inquiry was utilized, which is grounded in Martin Heidegger’s philosophy. Semi-structured interviews were conducted with 18 to 29-year-old inmates incarcerated for at least one year. Through interpretative phenomenological analysis, four themes emerged: An Unfamiliar Melody (with two subthemes: Humming with Frustrations and Tunes of Solitude); The Eyes Outside the Cage; Turning Over a New Feather; and If My Wings Unclipped. The “songs” of the caged bird tell about the “meanings” of restricted freedom--from being able to dip its wings in the orange sun rays down to being tied in chains. Being held inside a prison limits a person from experiencing life as they should. Opportunities to soar high were taken away. The consequences caused them the fragility of emotions: frustration, loneliness, and humiliation; yet, they still have a speck of hope. AbstrakNyanyian Burung dalam Sangkar: Sebuah Pandangan terhadap Kehidupan Remaja dalam Sistem Penjara. Memahami pengalaman narapidana berusia muda sangat penting karena kehidupan mereka yang terdampak oleh pengucilan sosial. Tujuan penelitian ini untuk mengeksplorasi makna dari pengalaman hidup orang berusia dewasa muda di dalam sistem penjara. Penelitian menggunakan pendekatan fenomenologis yang didasarkan pada filosofi Martin Heidegger. Pengumpulan data menggunakan metode wawancara semi-berstruktur dengan narapidana berusia 18 hingga 29 tahun yang sudah dipenjara setidaknya selama satu tahun. Berdasarkan analisis fenomenologi interpretatif, muncul empat tema, yaitu: An Unfamiliar Melody (dengan dua subtema: Humming with Frustrations dan Tunes of Solitude); The Eyes Outside the Cage; Turning Over a New Feather; dan If My Wings Unclipped. “Nyanyian” burung dalam sangkar yang menceritakan tentang “makna” kebebasan yang terbatas—mulai dari mencelupkan sayapnya di bawah sinar matahari jingga hingga diikat dengan rantai. Kondisi dipenjara membatasi seseorang untuk menjalankan kehidupan sebagaimana mestinya. Peluang mereka untuk terbang melambung tinggi dirampas. Hal ini menyebabkan emosi mereka rapuh: frustrasi, kesepian, dan penghinaan; tetapi, mereka masih memiliki setitik harapan. Kata Kunci: fenomenologi, frustasi, narapidana dewasa muda, sistem penjara

Pembinaan Terhadap Narapidana Pengguna Narkotika Di Lembaga Pemasyarakatan Narkotika Kelas II A Jakarta

Law in Indonesia is now developing following a variety of human needs. The development of this law was also followed by the development of the prison system into a correctional system based on Pancasila and the 1945 Constitution. The change was made because the prison system only prioritizes the element of revenge and imprisonment only, so that the human rights of inmates are not taken into account. The type of research used in this study is a descriptive type of research. Based on the research that has been conducted the Implementation of Inmate Development in Narcotics Correctional Institution Class IIA Jakarta The implementation of coaching of inmates is stipulated in Article 7 of Government Regulation No. 31 of 1999 concerning The Construction and Mentoring of Community Correctional Officers.

Views From the Inside: Insights About Restrictive Housing From Prison System Officials, Officers, and Staff

Restrictive housing substantially limits inmate movement and privileges. Proponents argue it creates safer prison systems, while opponents claim it does not and harms inmates. However, few studies have systematically examined restrictive housing through the perspective of those who work in prison systems or scrutinized the diverse dimensions relevant to its appraisal. This study addresses this gap by drawing on qualitative data to examine how such individuals view the housing, its operational challenges, effectiveness, possible improvements, and potential alternatives. We present findings along each of these dimensions and then discuss their implications for research and policy.

Prisoners’ Rights and Media Wrongs: A Critical Discourse Analysis of the Media Representation of Private Prisons in New Zealand

<p>In 2009, the Corrections (Contract Management of Prisons) Amendment Bill was passed, implementing the New Zealand (NZ) Government’s policy of prison privatisation. Subsequently, ‘Mt Eden’, a public prison previously managed by the state, was contracted to British conglomerate Serco and a second private prison, ‘Wiri’, was built under contract to the same company. However, in July 2015, a cell-phone video capturing Mt Eden prisoners engaged in fights, in full view of prison officers and CCTV, was uploaded to YouTube. It captured the attention of the media, politicians and the public. An unprecedented stream of media revelations about prisoner mistreatment, corruption and various human rights violations followed, prompting the Department of Corrections to seize control of the prison. In the wake of this ‘crisis’, this thesis explores the changing nature of legitimacy for private prisons in NZ. Where previously, legitimacy of the penal system was largely staked on security and maintaining sufficiently austere prison conditions, the revelations of serious rights violations at Mt Eden prison highlights one of the ‘moments’ in which the legitimacy of the prison system was fractured for being too severe. To examine the changing nature of legitimacy, the study investigates the treatment of private prisons by three media sources - the New Zealand Herald, Stuff and Radio New Zealand. It uses framing, critical discourse and source analysis, with the aim of exploring how dominant penological discourses operate to protect and sustain the prison system in the face of a human rights scandal. The thesis separates analysis into two critical periods: after the introduction of private prisons in 2009; and after the release of the YouTube videos. A managerial frame is consistently found across the news outlets alongside a source bias towards mainstream politics and corporate interests. Before the human rights scandals, the focus on how to deliver punishment, rather than the state’s obligations to those it incarcerates or wider social goals, established the legitimacy of private prisons under the banal everyday discourses of managerialism. While humanitarian framing increased substantially after the human rights scandals, these were subsumed under the frames of managerialism, security and less eligibility. These frames acted to depict the prison crisis as an unfortunate individual aberration of security that could be managed through a government response. In short, the legitimacy of the prison remained intact and was, ultimately, strengthened.</p>

Prisoners’ Rights and Media Wrongs: A Critical Discourse Analysis of the Media Representation of Private Prisons in New Zealand

<p>In 2009, the Corrections (Contract Management of Prisons) Amendment Bill was passed, implementing the New Zealand (NZ) Government’s policy of prison privatisation. Subsequently, ‘Mt Eden’, a public prison previously managed by the state, was contracted to British conglomerate Serco and a second private prison, ‘Wiri’, was built under contract to the same company. However, in July 2015, a cell-phone video capturing Mt Eden prisoners engaged in fights, in full view of prison officers and CCTV, was uploaded to YouTube. It captured the attention of the media, politicians and the public. An unprecedented stream of media revelations about prisoner mistreatment, corruption and various human rights violations followed, prompting the Department of Corrections to seize control of the prison. In the wake of this ‘crisis’, this thesis explores the changing nature of legitimacy for private prisons in NZ. Where previously, legitimacy of the penal system was largely staked on security and maintaining sufficiently austere prison conditions, the revelations of serious rights violations at Mt Eden prison highlights one of the ‘moments’ in which the legitimacy of the prison system was fractured for being too severe. To examine the changing nature of legitimacy, the study investigates the treatment of private prisons by three media sources - the New Zealand Herald, Stuff and Radio New Zealand. It uses framing, critical discourse and source analysis, with the aim of exploring how dominant penological discourses operate to protect and sustain the prison system in the face of a human rights scandal. The thesis separates analysis into two critical periods: after the introduction of private prisons in 2009; and after the release of the YouTube videos. A managerial frame is consistently found across the news outlets alongside a source bias towards mainstream politics and corporate interests. Before the human rights scandals, the focus on how to deliver punishment, rather than the state’s obligations to those it incarcerates or wider social goals, established the legitimacy of private prisons under the banal everyday discourses of managerialism. While humanitarian framing increased substantially after the human rights scandals, these were subsumed under the frames of managerialism, security and less eligibility. These frames acted to depict the prison crisis as an unfortunate individual aberration of security that could be managed through a government response. In short, the legitimacy of the prison remained intact and was, ultimately, strengthened.</p>

Managing Prisons Through Extended Solitary Confinement: A Necessary Approach or a Signal of Prison System Failure?

In contemporary American corrections, extended solitary confinement (ESM) as a management tool has emerged as a strategy for avowedly controlling the most violent individuals and, in so doing, creating a safer prison system. We theorize that the emergence of this unique form of housing may also be viewed as a signal of prison system failure. To advance this argument, we identify how different theoretical perspectives can be used to anticipate the effects of ESM on prison system violence and order and then investigate the plausibility of this account by grounding it in analysis of qualitative data from a study of one state’s prison system. The analysis suggests theoretical and empirical warrant for both views of ESM—as an effective tool and as a symptom of system failure. Implications of the study research and policy are discussed.

A kaupapa Māori analysis of the use of Māori cultural identity in the prison system

<p>Māori are 15% of the New Zealand population, and yet are 45.3% of annual police apprehensions and 51% of the prison population. This status of Māori ‘over-representation’ in the criminal justice system has remained steady for the last 34 years. One principle explanation of this status is that Māori have limited access to a secure Māori cultural identity. As a result, criminal justice authorities, especially the Department of Corrections, have progressively focused policies and programmes towards the perceived Māori cultural related needs of Māori offenders and prisoners. This focus is undertaken not only to reduce rates of recidivism but also to provide culturally relevant environments for Māori prisoners and increased opportunities for successful rehabilitation. The result is that New Zealand’s prison system now contains a number of unique strategies such as the Māori Therapeutic Programme, the New Life Akoranga Programme and Māori Focus Units. Despite these developments, there remains a dearth of clearly articulated descriptions of how, why or even if Māori cultural identity has a positive effect on reducing Māori offending and imprisonment. This thesis is designed to address this gap in the research. The thesis pursues a kaupapa Māori methodology, using in-depth interviews with key Māori associated with the development of the theory, policy and practice of Māori cultural identity in the criminal justice system. This focus provides an opportunity for those Māori whose careers or, in some cases, life works have been dedicated to the development and implementation of cultural responses to crime to speak for themselves. This approach allows a full exploration of the underlying rationale and meaning of the Māori cultural identity policies and resultant programmes sprinkled throughout New Zealand’s system. The thesis develops two key arguments. Firstly, despite strongly held criminal justice beliefs about the potential validity of Māori cultural identity in relation to reducing Māori offending and imprisonment, the broader context regarding the status of Māori as the most marginalised population in New Zealand is largely ignored. Rather than accepting that Māori offending is likely to be ignited by a broad array of socio-economic factors which are the result of generations of colonising Pākehā practices, the Correctional response has been to individualise Māori offending by focusing on the degree of Māori cultural identity inherent in specific Māori offenders. Secondly, that the authenticity of Māori cultural identity policies and programmes designed and delivered by Corrections is questionable. While the Department argues that Māori cultural identity nestles comfortably within western-based therapeutic programmes, professional Māori disagree. In their view, the Māori cultural identity programmes delivered in New Zealand’s prisons do not resemble Māori culture at all. Given these two arguments, the thesis questions whether the criminal justice use of Māori cultural identity is more a measure of official attempts to meet ‘Treaty’ obligations rather than a genuine effort to reduce Māori offending and imprisonment.</p>