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Article
Publication date: 13 March 2017

Cyrus Ahalt, Craig Haney, Sarah Rios, Matthew P. Fox, David Farabee and Brie Williams

Although the reform of solitary confinement is underway in many jurisdictions around world, isolation remains in widespread use in many jails and prisons. The purpose of…

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Abstract

Purpose

Although the reform of solitary confinement is underway in many jurisdictions around world, isolation remains in widespread use in many jails and prisons. The purpose of this paper is to discuss opportunities for reform in the USA that could also be applied globally.

Design/methodology/approach

A review of the evidence on solitary confinement policies and practices in the USA to develop recommendations for reform with global application.

Findings

Focusing on this evidence, the authors argue that solitary confinement is overused and recommend a multi-level approach available to correctional systems worldwide including: immediately limiting solitary confinement to only those cases in which a violent behavioral infraction has been committed for which safety cannot otherwise be achieved, ensuring the briefest terms of isolation needed to achieve legitimate and immediate correctional goals, prohibiting its use entirely for some populations, regularly reviewing all isolated prisoners for as-soon-as-possible return to general population, including the immediate return of those showing mental and physical health risk factors, assisting individuals who are transitioning out of isolation (either to the general population or to the community), and partnering with medical, public health, and criminal justice experts to develop evidence-based alternatives to solitary confinement for nearly all prisoners.

Originality/value

This paper provides an overview of the evidence supporting an overhaul of solitary confinement policy in the USA and globally where solitary confinement remains in wide use and offers recommendations for immediate steps that can be taken toward achieving evidence-based solitary confinement reform.

Details

International Journal of Prisoner Health, vol. 13 no. 1
Type: Research Article
ISSN: 1744-9200

Keywords

Book part
Publication date: 18 January 2008

Susan A. Bandes

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values…

Abstract

The debate about the future of the death penalty often focuses on whether its supporters are animated by instrumental or expressive values, and if the latter, what values the penalty does in fact express, where those values originated and how deeply entrenched they are. In this chapter, I argue that a more explicit recognition of the emotional sources of support for and opposition to the death penalty will contribute to the clarity of the debate. The focus on emotional variables reveals that the boundary between instrumental and expressive values is porous; both types of values are informed (or uninformed) by fear, outrage, compassion, selective empathy and other emotional attitudes. More fundamentally, though history, culture and politics are essential aspects of the discussion, the resilience of the death penalty cannot be adequately understood when the affect is stripped from explanations for its support. Ultimately, the death penalty will not die without a societal change of heart.

Details

Special Issue: Is the Death Penalty Dying?
Type: Book
ISBN: 978-0-7623-1467-6

Open Access
Book part
Publication date: 29 March 2022

Andrew M. Jefferson and Samantha Jeffries

The chapters in this book show that it is possible to conduct studies on the intersections between gender, criminalization, imprisonment, and human rights in Southeast…

Abstract

The chapters in this book show that it is possible to conduct studies on the intersections between gender, criminalization, imprisonment, and human rights in Southeast Asia. In this conclusion, we draw out the implications of this emerging scholarship. More specifically, we critically examine how common talk about “individual needs” risks blinding criminal justice reformers to the structural, gendered dynamics that render people criminalizable and imprisonable. We explore the potential of the concept of participation to strengthen understandings and activism around gendered harms, and grapple with the thorny issue of for whom we speak. We advocate for cross-cultural understandings, developed in collaboration and through partnership, to productively challenge the ethnocentrism of criminology and propel truly transformative agendas. Three steps are identified to decenter research and activism: Scholars and activists must acknowledge the risks of attending to need while not attending to the drivers of need; resist the temptation to operate only within the limits defined by the authorities, the state, the academy, or agencies set up to protect; and generate “home grown,” counter-hegemonic solutions that push back against the tendency to universalize, colonize and deny difference.

Details

Gender, Criminalization, Imprisonment and Human Rights in Southeast Asia
Type: Book
ISBN: 978-1-80117-287-5

Keywords

Content available
Article
Publication date: 13 March 2017

Cyrus Ahalt and Brie Williams

351

Abstract

Details

International Journal of Prisoner Health, vol. 13 no. 1
Type: Research Article
ISSN: 1744-9200

Book part
Publication date: 5 December 2007

Richard Weisman

This chapter documents how the shift in psychiatric representation from the “morally insane” perpetrator of the 19th century to the modern psychopath or person with…

Abstract

This chapter documents how the shift in psychiatric representation from the “morally insane” perpetrator of the 19th century to the modern psychopath or person with anti-social personality disorder involves a recasting of the offender from someone afflicted with an illness whose criminal misconduct is merely a symptom of their disorder to someone whose criminal misconduct is perceived as an expression of their true character. Drawing upon recent case law, the article then shows how prosecutors deploy this modern psychiatric reconfiguring during the penalty phase of the US capital trial to persuade jurors to decide in favor of death over life without parole. Central to the building of this narrative is the reframing of the offenders’ silences as well as what are taken as their unconvincing attempts to show remorse as evidence of a pathology whose primary manifestation is the incapacity to feel or experience moral emotions. Applying but also modifying Harold Garfinkel's work on degradation ceremonies, the chapter shows how the pathologizing of the offender's lack of remorse involves a rite of passage in which he or she is symbolically demoted from someone worthy of life in spite of their grievous crime to someone for whom death is the only appropriate penalty.

Details

Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

Book part
Publication date: 28 April 2021

James M. Kauffman, Richard E. Mattison and Michael Gregory

The authors speculate only about relatively short-term advances in special education for students with emotional and behavioral disorders. Speculation is confined to the…

Abstract

The authors speculate only about relatively short-term advances in special education for students with emotional and behavioral disorders. Speculation is confined to the overlapping areas of core values, technologies, neuroscience, and law/policy. In core values, the authors hope to see a resurgence of commitment to special, effective instruction and to practice aligned with scientific evidence. It is hoped that technologies will advance practices in instruction, improve the uses of artificial intelligence in teacher training and teaching, and encourage the appropriate use of artificial reproduction to avoid disorders. Neuroscience, it is hoped, will yield more reliable and helpful classification of disorders, better and more useful imaging, and more effective treatment of a variety of emotional, behavioral, and academic problems. In law and policy, the authors hope the Supreme Court's Endrew case will result in greater focus on challenging, appropriate education. Law and policy should also encourage trauma sensitivity in education, make whole-school approaches to trauma sensitivity the priority, and avoid universal trauma screening. Students' and families' legitimate interests in confidentiality and data privacy should be protected in newly constructed information-sharing infrastructures.

Details

The Next Big Thing in Learning and Behavioral Disabilities
Type: Book
ISBN: 978-1-80071-749-7

Book part
Publication date: 14 December 2018

Joanna Tegnerowicz

The aim of this article is an analysis of the links between race and psychotic illness, psychiatric diagnosis and treatment, as well as psychiatric, police and prison…

Abstract

The aim of this article is an analysis of the links between race and psychotic illness, psychiatric diagnosis and treatment, as well as psychiatric, police and prison violence against people with mental health problems. The analysis focuses on Black men who are more frequently diagnosed with schizophrenia and other psychotic disorders and who face more brutal treatment than other people with such diagnoses. We have adopted a multidisciplinary approach which draws insights from psychiatry, psychology, and sociology and challenges the biologistic interpretation of “mental illness.” We take into account the United States and Britain – two countries with large Black minorities and an established tradition of research on these groups. Among the crucial findings of this study are the facts that racial bias and stereotypes heavily influence the way Black men with a diagnosis of psychotic illness are treated by the psychiatric system, police and prison staff, and that the dominant approach to psychosis masks the connections between racism and mental health.

Details

Inequality, Crime, and Health Among African American Males
Type: Book
ISBN: 978-1-78635-051-0

Keywords

Book part
Publication date: 5 November 2021

Craig R. Scott and Katie K. Kang

A contemporary view of group communication must consider hidden groups, which are those collectives that intentionally conceal key aspects of their identity at various…

Abstract

A contemporary view of group communication must consider hidden groups, which are those collectives that intentionally conceal key aspects of their identity at various levels (e.g., group, member, organization) from relevant audiences. This chapter reviews several general research areas and findings related to hidden groups and then briefly examines some of the theories and methodological issues relevant to hidden groups. Building on that, a multilevel framework that also considers members and broader organizational structures is offered to help distinguish various types of hidden groups.

Details

The Emerald Handbook of Group and Team Communication Research
Type: Book
ISBN: 978-1-80043-501-8

Keywords

Article
Publication date: 1 August 2002

Peter R. Senn

This is an article about the possible lessons for academic freedom that Dühring’s expulsion from the University of Berlin might have for us today. It begins with a brief…

Abstract

This is an article about the possible lessons for academic freedom that Dühring’s expulsion from the University of Berlin might have for us today. It begins with a brief discussion of his strange fate in the English language literature in contrast with his high position in the history of economic thought. It is no surprise that questions of the denial of academic freedom have long been discussed. The remainder of the article is devoted to a discussion of academic freedom since his time and the possible lessons these developments might have for us today. The most important of these is the ancient truism – academic freedom is always under attack from many sides and must be vigorously defended.

Details

Journal of Economic Studies, vol. 29 no. 4/5
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 17 September 2019

Richard Fisher, Chris J. van Staden and Glenn Richards

The purpose of this paper is to investigate: how dimensions of tone vary across different forms of corporate accountability narrative; the impact of tone on readability;…

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Abstract

Purpose

The purpose of this paper is to investigate: how dimensions of tone vary across different forms of corporate accountability narrative; the impact of tone on readability; and the determinants of tone, including consideration of its use in impression management.

Design/methodology/approach

Using a multi-year sample of listed companies, the authors measure dimensions of tone across multiple narrative types within the annual report and standalone corporate social responsibility report. Statistical analysis is used to investigate variations of tone across narrative type, each dimension’s influence on readability and the role of antecedent factors.

Findings

Analysis reveals that dimensions of tone vary significantly across narrative types (genres) suggesting that tonal patterns form part of the specific stylistic conventions of each genre. Tone is found to be a significant determinant of readability. Little evidence of obfuscation using tone was found, while disclosure type is the most salient determinant of tone.

Practical implications

The study illuminates latent or underlying disclosure norms that can facilitate the identification of “exceptional” cases that do not conform with expected tonal patterns of a particular narrative type and may warrant closer inspection by preparers, auditors or regulators. The issues raised regarding the clarity and balance of textual disclosures highlight the challenges in regulating corporate narratives.

Originality/value

This study highlights that tone is a more nuanced and layered concept than suggested by much of the prior literature. Further, tone ought to be considered in studies examining textual complexity.

Details

Accounting, Auditing & Accountability Journal, vol. 33 no. 1
Type: Research Article
ISSN: 0951-3574

Keywords

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