Search results

The purpose of this paper is to describe the nature of medical care within the German penal system. German prison services provide health care for all inmates, including psychiatric care. The reached level of equivalence of care and ethical problems and resource limitations are discussed and the way of legislation in this field since 2006 reform on federal law is described.

The article summarizes basic data on German prison health care for mentally ill inmates. The legislation process and factors of influence are pointed out. A description of how psychiatric care is organized in German prisons follows. It focuses on the actual legal situation including European standards of prison health care and prevention of torture, psychiatric care in German prisons themselves, self harm and addiction. Associated problems such as blood born diseases and tuberculosis are included. The interactions between prison staff and health care personal and ethic aspects are discussed.

The legislation process is still going on and there is still a chance to improve psychiatric care. Mental health problems are the major challenge for prison health care. Factors such as special problems of migrants, shortage of professionals and pure statistic data are considered.

The paper provides a general overview on psychiatric services in prison and names weak points and strengths of the system.

A high and possibly increasing prevalence of mental disorders in prisoners has been demonstrated in recent surveys. Psychiatric care of prisoners is subject to wide regional variations in Germany, especially regarding inpatient treatment. Although hospitalized psychiatric patients in prison closely resemble those in forensic psychiatric secure hospitals with regard to socio‐demographic (percentage of women, age peak) and forensic characteristics (delinquency, prison experience), marked discrepancies in the diagnostic spectrum necessitate very different treatment planning based on general clinical psychiatry when considering the approach and especially the treatment duration. In Berlin, we try to develop a care structure within the prison system, which addresses inmate‐specific problems and circumstances as well as the possibility of inpatient and outpatient treatment and semihospitalization according to the principle of “equivalence”.

Prisoners with substance use disorder (SUD) are at risk of mental health problems. Given the common co-occurring of psychopathic traits with SUDs, probably because of underlying impulsive traits (Ellingson et al., 2018), this study aims to examine the relation between psychopathy (impulsive antisociality and fearless dominance) and the functioning of incarcerated individuals with SUD. The authors investigated whether impulsivity (motor, nonplanning and attentional) can account for the relationship between one psychopathy facet (impulsive antisociality) and craving and mental health problems.

The authors assessed self-reported impulsivity, psychopathy, craving and mental health problems in 121 male incarcerated individuals with SUD and calculated cross-sectional linear regression analyses and mediation models.

Impulsive antisociality was positively related to all impulsivity facets, craving and mental health problems. Attentional impulsivity mediated the relationship of impulsive antisociality with craving and mental health problems. Fearless dominance was related to lower attentional and nonplanning impulsivity, craving and mental health problems.

Future studies should investigate these relations in longitudinal studies and evaluate tailored approaches, for example, mindfulness interventions.

Interventions to reduce craving and improve mental health might be important for those who display self-centered, antisocial behavior but are less relevant for those with fearless, dominant interpersonal behavior. Addressing attentional impulsivity may be of special interest in this regard.

To the best of the authors’ knowledge, this study was the first to investigate the mediating role of different impulsivity facets for the association of impulsive antisociality with craving and with mental health problems in incarcerated individuals with SUD.

This study aims to investigate the predictive validity of self‐control (SC) for several forms of criminal recidivism (general, property, violence, sexual).

In total, 1,838 male prisoners were interviewed while serving a prison sentence. Personality traits known to be related to SC served as operationalization of SC. Cluster analyses identified three clusters of SC‐related traits: Emotion regulation, Self‐assertion, and Effortful control. Survival‐analyses predicted recidivism, which was assessed using official data. The follow up period amounted to 72 months.

The SC‐related trait clusters significantly predicted general and violent reoffending, after controlling for established risk factors for recidivism (age, age at first offense, social status, previous youth detention, out‐of‐home placements, and length of imprisonment). However, trait clusters did not predict reoffending with a property offense. Offenders with violent or sex offenses in their criminal history showed different profiles on the trait clusters.

The paper shows that SC is an important risk factor for violent recidivism. SC‐related trait clusters should not be combined to form a single score, because essential information for risk profiles would be lost.

Considers the penal law in Poland since the change in regime from totalitarian to democratic state. Discusses the different approaches used and the change in crime over the decade. Gives some statistics. States that Polish law will have to change to comply with European law as it strive to join the economic community. Concludes that the reader should “ponder anew the sense and role of penal responsibility” on an international scale.

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.

The chapter “Books Open Worlds for People Behind Bars” by Gerhard Peschers gives an insight into library services in correctional facilities in Germany on different levels, ranging from local best practice examples (e.g., Berlin, Bremen, Dortmund, and Würzburg) via regional experiences – focusing on longstanding experiences in North Rhine-Westphalia, in particular the outstanding former Münster prison library which was awarded the German national Library Prize “Library of the Year 2007” – and nationwide subjects to grown internationality based on long-term integration into the library community. Fundamental issues include history and the legal basis of prison libraries as well as practical experiences on various levels of responsibility and its diverse scope of tasks, such as collection development, data processing, interior design, events, and cooperation with city libraries.

The outlook provides the state of play and the challenges regarding digitalization for the development of prison libraries.

Finally, the author’s dream of the book tree on the prison wall, which found international resonance, invites you to share the vision of dialog and tolerance across dividing walls.

According to the German penal code, offenders can basically be sanctioned to a prison sentence or (in cases of misdemeanours) to a fine. If an offender is sentenced to a fine, but is not able or willing to make the payment, then the German state can administer a custodial sentence as a replacement. This is called an “Ersatzfreiheitsstrafe” (EFS). The proportion of EFS prisoners accounts for 10% of the German prison population and thus appears to be strikingly high considering the consequences of an imprisonment for the detainee. It has been considered that this is due to high levels of mental disorders in the population of EFS prisoners. This article thus aims at delineating the prevalence of mental disorders in EFS prisoners according to socio‐demographic data and ICD‐10 diagnoses of two recent German studies. Results of these studies indicate that EFS prisoners indeed are for the most part socially and economically deprived and show a high prevalence of mental disorders. It is argued that their resulting lack of social competence may lead to incapability of avoiding their fee being converted into a prison sentence. As a consequence EFSs have to be seen as supporting social stigmatization and risking a further exclusion from society.

This essay engages the work of sociologist George Herbert Mead and political theorist William E. Connolly, applying a reading of their understanding of the criminal other to the development of Illinois’ and South Carolina's penal systems at the turn of the nineteenth century. Despite an influx of European immigrants, Illinois politicians and prison officials fashioned an approach to corrections that relied on rehabilitation through assimilation as the core component of disciplining its convict population. In contrast to this approach, South Carolina fashioned a penology based upon the principle of exclusion, one that enshrined retribution over rehabilitation in the paradigm of punishment. The essay concludes by comparing the importance of racial and ethno-cultural politics in shaping regional and national debates over correctional policy and by examining the primary function race plays in explaining the current backlash against the rehabilitative ideal informing so much of contemporary penology.