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Article
Publication date: 18 March 2022

Marie Claire Van Hout, Victor Mhango, Ruth Kaima, Charlotte Bigland and Triestino Mariniello

The first case of COVID-19 in the Malawi prison system was reported in July 2020. Human rights organisations raised concerns about the possibility of significant COVID-19…

Abstract

Purpose

The first case of COVID-19 in the Malawi prison system was reported in July 2020. Human rights organisations raised concerns about the possibility of significant COVID-19 outbreaks and deaths in the prison system, because of the poor infrastructure, lack of healthcare and adequate COVID-19 mitigation measures, existing co-morbidities (tuberculosis, HIV and hepatitis C), malnutrition and poor health of many prisoners.

Design/methodology/approach

The authors conducted a legal-realist assessment of the Malawian prison system response to COVID-19 during state disaster measures, with a specific focus on the right to health and standards of healthcare as mandated in international, African and domestic law.

Findings

The Malawi prison system was relatively successful in preventing serious COVID-19 outbreaks in its prisons, despite the lack of resources and the ad hoc reactive approach adopted. Whilst the Malawi national COVID plan was aligned to international and regional protocols, the combination of infrastructural deficits (clinical staff and medical provisions) and poor conditions of detention (congestion, lack of ventilation, hygiene and sanitation) were conducive to poor health and the spread of communicable disease. The state of disaster declared by the Malawi Government and visitation restrictions at prisons worsened prison conditions for those working and living there.

Originality/value

In sub-Saharan Africa, there is limited capacity of prisons to adequately respond to COVID-19. This is the first legal-realist assessment of the Malawian prison system approach to tackling COVID-19, and it contributes to a growing evidence of human rights-based investigations into COVID-19 responses in African prisons (Ethiopia, South Africa and Zimbabwe).

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 21 April 2022

Marie Claire Van Hout, Charlotte Bigland and Triestino Mariniello

The first prison system case in Zimbabwe was notified in July 2020 shortly after State declaration of disaster. A legal-realist assessment was conducted of the Zimbabwean…

Abstract

Purpose

The first prison system case in Zimbabwe was notified in July 2020 shortly after State declaration of disaster. A legal-realist assessment was conducted of the Zimbabwean correctional system response to COVID-19 during state disaster measures, with a focus on assessing right to health, infectious disease mitigation and the extent to which minimum state obligations complied with human and health rights standards.

Design/methodology/approach

The Zimbabwean correctional system operations during COVID-19 disaster measures are scrutinized using a range of international, African and domestic human rights instruments in relation to the right to health of prisoners. This study focused particularly on standards of care, environmental conditions of detention and right of access to health care.

Findings

Systemic poor standards of detention are observed, where prisoners experience power outages, water shortages and a lack of access to clean drinking water and water for ablution purposes, a severe lack of safe space and adequate ventilation, poor quality food and malnutrition and a lack of sufficient supply of food, medicines, clothing and bedding. Whilst access to health care of prisoners in Zimbabwe has greatly improved in recent times, the standard of care was severely stretched during COVID-19 due to lack of government resourcing and reliance on non-governmental organisation and faith-based organisations to support demand for personal protective equipment, disinfection products and medicines.

Originality/value

Prison conditions in Zimbabwe are conducive to chronic ill health and the spread of many transmissible diseases, not limited to COVID-19. The developed legal-realist account considers whether Zimbabwe had a culture of respect for the rule of law pertinent to human and health rights of those detained during COVID-19 disaster measures, and whether minimum standards of care were upheld.

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 26 December 2023

Michelle L. Estes, Maggie Leon-Corwin and Jericho R. McElroy

Research shows that the physical locations of correctional facilities often contribute to environmental hazards. Research also shows that correctional facilities are often sited…

Abstract

Purpose

Research shows that the physical locations of correctional facilities often contribute to environmental hazards. Research also shows that correctional facilities are often sited near hazardous or undesirable land(s). In combination, incarcerated individuals may be at increased risk of experiencing negative health consequences because of exposure to various environmental harms. This is especially alarming as incarcerated individuals lack the capacity to decide where they are detained. In these cases, health issues that may have developed while detained may extend beyond incarceration. Furthermore, incarcerated individuals are not protected by the Environmental Protection Agency’s Environmental Justice policies.

Design/methodology/approach

Using a case study approach, the authors examine two specific correctional facilities in the USA to not only demonstrate the various environmental harms that incarcerated individuals encounter but also highlight carceral spaces as sites of environmental violations.

Findings

Additionally, the authors address the negative health consequences incarcerated individuals report because of exposure to these harms. They also argue that creating safer communities requires more than reducing crime and preventing criminal victimization. Creating safer communities also includes promoting environmental safety and protection from hazards that cause sickness and disease.

Originality/value

This work contributes to an emerging and growing body of literature that examines the intersection of carceral studies and environmental justice.

Details

Safer Communities, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 16 August 2023

Rachel Hopley, Laura Caulfield and Andrew Jolly

There is evidence that music programmes can have a positive impact on people in contact with the criminal justice system. However, little attention has been paid to the potential…

Abstract

Purpose

There is evidence that music programmes can have a positive impact on people in contact with the criminal justice system. However, little attention has been paid to the potential role of music programmes as people leave prison and re-enter the community. Providing support for former prisoners “through-the-gate” is important to aid resettlement and reduce the risk of reoffending. This paper aims to present research on a programme called Sounding Out: a two-year, London-based programme providing ex-prisoners with longer-term rehabilitative opportunities upon their release to bridge the gap between life inside and outside of prison.

Design/methodology/approach

The study aimed to understand the impact of the Sounding Out programme on ex-prisoners from the perspective of participants, staff and family members. Semi-structured interviews took place with 17 people: ten participants across two Sounding Out projects; six members of staff – three from the Irene Taylor Trust, two musicians and one former prison worker; and one family member of a participant.

Findings

The research provides an understanding of the impact of involvement in a carefully designed programme of music creation, skills development and work placements. Thematic analysis of the data resulted in three key themes: personal impact, focus and direction and interpersonal relationships. The findings are consistent with the body of research that demonstrates the impact of music programmes on prisoners.

Originality/value

The current study adds to the relatively limited body of evidence on the role of music programmes in the reintegration of former prisoners into the community.

Details

Journal of Criminal Psychology, vol. 13 no. 4
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 6 June 2023

Harriet Campana, Lisa Edmondson, Claire Edghill, Tanya Crowther, Julie Aspin, Lauren Aspey and Rosie Meek

Parkruns are weekly, free, community-based, 5 km runs around open spaces, with a growing body of research indicating their social, physical and psychological benefits. Thirty-one…

Abstract

Purpose

Parkruns are weekly, free, community-based, 5 km runs around open spaces, with a growing body of research indicating their social, physical and psychological benefits. Thirty-one custodial establishments in England and Wales regularly offer parkruns. The purpose of this paper is to consider prisoners' experiences of parkrun in custodial settings, and these are discussed in the context of the evidence base regarding parkrun in the community and the wider literature on prison sport, desistance, and rehabilitation culture.

Design/methodology/approach

Using an inductive, qualitative approach, data was collected at three English prisons, via semi-structured interviews with 24 adult male prisoners who participated in parkrun. Data was subjected to thematic analysis.

Findings

In total, five themes reflecting positive experiences associated with custodial parkrun were identified: connection with others; healthy living; a safe and predictable exercise environment; a sense of purpose; and a re-humanising experience. Factors appearing frequently in the wider parkrun research are present in the perceptions of parkrunners in custody. In addition, factors deemed important to desistance and promoting a rehabilitation culture were also found in the experiences of the sample.

Practical implications

The work emphasises the successes of His Majesty’s Prison and Probation Service (HMPPS) and parkrun working in partnership to support custodial events. By highlighting the positive experiences of custodial parkrun on prisons and prisoners, the authors anticipate that their findings may encourage further sites to consider launching parkrun events and prompt existing sites to consider their events in line with efforts to promote desistance and a rehabilitation culture.

Originality/value

To the best of the authors’ knowledge, this is the first paper to explore custodial parkrun. The findings indicate that custodial parkrun supports HMPPS strategic goals by offering an opportunity for prisons to promote desistance.

Details

Journal of Criminological Research, Policy and Practice, vol. 9 no. 3/4
Type: Research Article
ISSN: 2056-3841

Keywords

Article
Publication date: 15 February 2022

Vincent Jumbe, Victor Mhango, Adamson Muula, Ruth Kaima, Luntha Rosemary Chimbwete, Apatsa Mangwana, Benjamin Msutu, Lisa Tembo, Charlotte Bigland, Stephanie Kewley and Marie Claire Van Hout

Prisons in the sub-Saharan African region face unprecedented challenges during the COVID-19 pandemic. In Malawi, the first prison system case of COVID-19 was notified in July…

Abstract

Purpose

Prisons in the sub-Saharan African region face unprecedented challenges during the COVID-19 pandemic. In Malawi, the first prison system case of COVID-19 was notified in July 2020. While prison settings were included in the second domestic COVID-19 response plan within the Law Enforcement cluster (National COVID-19 preparedness and response plan, July–December 2020), they were initially not included in the K157bn (US$210m) COVID-19 fund. The purpose of the study was to assess prison preparedness, prevention and control of COVID-19 in Malawi..

Design/methodology/approach

A multi-method situation assessment of the COVID-19 response and human rights assurance of prisoners and staff was conducted in a large prison complex in Malawi. Qualitative research underpinned by the Empirical Phenomenological Psychological (EPP) framework consisted of interviews with key informants such as prison health personnel, senior prison staff, penal and judicial policymakers, government and civil society organisations (n = 14) and focus group discussions with consenting male (n = 48) and female prisoners (n = 48) and prison wardens (n = 24). Prison site visits were supported by detailed observations based on the World Health Organisation Checklist for COVID-19 in prisons (n = 9). Data were collected and analysed thematically using the EPP stepwise approach and triangulated based on Bronfenbrenner’s model conceptualising COVID-19 as a multi-level event disrupting the prison eco-system.

Findings

The results are presented as MICRO-MESO level individual and community experiences of incarceration during COVID-19 spanning several themes: awareness raising and knowledge of COVID-19 in prisons; prison congestion and the impossibility of social distancing; lack of adequate ventilation, hygiene and sanitation and provisions and correct use of personal protective equipment; MESO-MACRO level interplay between the prison community of prisoners and staff and judicial policy impacts; medical system COVID-19 response, infrastructure and access to health care; COVID-19 detection and quarantine measures and prisoner access to the outside world.

Originality/value

This unique situation assessment of the Malawian prison system response to mitigate COVID-19 illustrates the dynamics at the micro-level whereby prisoners rely on the state and have restricted agency in protecting themselves from disease. This is due to severe structural inadequacies based on low resource allocation to prisons leading to a compromised ability to prevent and treat disease; an infirm and congested infrastructure and bottlenecks in the judicial system fuelling a continued influx of remand detainees leading to high overcapacity. Multi-pronged interventions involving key stakeholders, with prison management and line Ministry as coordinators are warranted to optimise COVID-19 interventions and future disease outbreaks in the Malawian prison system.

Details

International Journal of Prisoner Health, vol. 19 no. 2
Type: Research Article
ISSN: 1744-9200

Keywords

Book part
Publication date: 14 December 2023

Martine Herzog-Evans

Following the ‘Sarkozy’ era (2007–2012), France has engaged in ‘zero-tolerance’ policies, which have brought an increasing number of people into the criminal justice system (CJS)…

Abstract

Following the ‘Sarkozy’ era (2007–2012), France has engaged in ‘zero-tolerance’ policies, which have brought an increasing number of people into the criminal justice system (CJS). In an already extremely impoverished CJS, these policies have led to serious financial problems and have made an already existing prison overcrowding problem worse. Consequently, the CJS has gradually opted for a McDonald (Ritzer, 2019; Robinson, 2019) type of offender processing, whether in prosecutor-led procedures (representing roughly half of all penal procedures: Ministry of Justice, 2019) or in the sentencing phase (Danet, 2013). A similar trend has been found in probation and in prisoner release (in French: ‘sentences’ management).

The prison and probation services, which merged in 1999, have since then been in a position to benefit from the 1958 French Republic Constitution, which places the executive in a dominant position and notably allows it to draft the bills presented to a rather passive legislative power (Rousseau, 2007) and even to enjoy its own set of normative powers (‘autonomous decrees’ – Hamon & Troper, 2019). By way of law reforming (2009, 2014, and 2019 laws), the prison and probation services have thus embraced the McDonaldisation ethos. Their main obsession has been to early release as many prisoners as possible in order to free space and to accommodate more sentenced people. To do so, the prison services have created a series of so-called ‘simplified’ early release procedures, where prisoners are neither prepared for nor supported through release, where they are deprived of agency and where due process and attorney advice are removed. Behind a pretend rehabilitative discourse, the executive is only interested in efficiently flushing people out of prison; not about re-entry efficacy. As Ritzer (2019) points out, McDonaldisation often leads to counter-productive or absurd consequences. In the case of early release, the stubborn reality is that one cannot bypass actually doing the rehabilitative and re-entry work. I shall additionally argue that not everything truly qualifies as an early release measure (Ostermann, 2013). Only measures which respect prisoners’ agency prepare them for their release, which support them once they are in the community, which address their socio-psychological and criminogenic needs, and which are pronounced in the context of due process and defence rights truly qualify as such. As it is, French ‘simplified’ release procedures amount to McRe-entry and mass nothingness.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

Keywords

Article
Publication date: 15 December 2022

Mathilde Carøe Munkholm

This paper aims to report findings about how prisoners experience and cope with COVID-19 restrictions, which can contribute to an understanding of how pandemic responses, and…

Abstract

Purpose

This paper aims to report findings about how prisoners experience and cope with COVID-19 restrictions, which can contribute to an understanding of how pandemic responses, and specifically the COVID-19 response, affect prisoners.

Design/methodology/approach

Data was collected through ethnographic fieldwork involving days of observations (N = 24) and the conduction of semi-structured interviews with prisoners (N = 30) in closed prisons and detentions in Denmark between May and December 2021. The transcribed interviews and field notes were processed and coded by using the software programme NVivo.

Findings

The data analysis reveals that the pains of imprisonment have been exacerbated to people incarcerated during the COVID-19 pandemic. To relieve pains of imprisonment, prisoners turn to censoriousness as an informal coping strategy, where they complain about inconsistency and injustice in the prison’s COVID-19 prevention strategy to reveal the prison system itself as a rule-breaking institution. The prisoners criticise the prison management for using COVID-19 as an excuse, treating prisoners unjustly or not upholding the COVID-19 rules and human rights. Furthermore, principles of justice and equality are also alleged by some prisoners who contemplate the difficulty in treating all prisoners the same.

Research limitations/implications

More research will be needed to create a full picture of how prisoners cope with pandemic responses. Further research could include interviews with people working inside prisons.

Originality/value

In a Scandinavian context, to the best of the author’s knowledge, this study is the first of its kind to apply an ethnographic approach in exploring prison life during the COVID-19 pandemic.

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 1 February 2022

Rosemary Mhlanga-Gunda, Simbarashe Rusakaniko, Anne Nyararai Chinyuku, Valentine Farai Pswarayi, Charmaine Sabrina Robinson, Stephanie Kewley and Marie Claire Van Hout

Prisons in Africa face unprecedented challenges during Coronavirus disease 2019 (COVID-19). In July 2020, the first prison system case of COVID-19 was notified in Zimbabwe…

Abstract

Purpose

Prisons in Africa face unprecedented challenges during Coronavirus disease 2019 (COVID-19). In July 2020, the first prison system case of COVID-19 was notified in Zimbabwe. Subsequently, the Zimbabwe Prisons and Correctional Services released their COVID-19 operational plan. The purpose of the study was to assess preparedness, prevention and control of COVID-19 in selected prisons in Zimbabwe.

Design/methodology/approach

A multi-method situation assessment of COVID-19 preparedness was conducted across three Zimbabwean prisons. The World Health Organization checklist to evaluate preparedness, prevention and control of COVID-19 in prisons was administered to frontline health managers. Information garnered was further explored during site observation and in multi-stakeholder key informant interviews with policymakers, prison health directorate, frontline health-care professionals, officers in charge and non-governmental organizations (n = 26); focus group discussions with correctional officers (n = 18); and male/female prisoners (n = 36). Data was triangulated and analyzed using content thematic analysis.

Findings

Outdated infrastructure, severe congestion, interrupted water supply and inadequate hygiene and sanitation were conducive to ill-health and spread of disease. Health professionals had been well-trained regarding COVID-19 disease control measures. COVID-19 awareness among prisoners was generally adequate. There was no routine COVID-19 testing in place, beyond thermo scanning. Access to health care was good, but standards were hindered by inadequate medicines and personnel protective equipment supply. Isolation measures were compromised by accommodation capacity issues. Flow of prison entries constituted a transmission risk. Social distancing was impossible during meals and at night.

Originality/value

This unique situation assessment of Zimbabwean prisons’ preparedness and approach to tackling COVID-19 acknowledges state and prison efforts to protect prisoners and staff, despite infrastructural constraints and inadequate resourcing from government.

Details

International Journal of Prisoner Health, vol. 19 no. 2
Type: Research Article
ISSN: 1744-9200

Keywords

Book part
Publication date: 14 December 2023

Ryan Casey

The development of electronic monitoring policy over the last decade in Scotland has contributed towards its expansion and the intensification of what McNeill (2019) refers to as…

Abstract

The development of electronic monitoring policy over the last decade in Scotland has contributed towards its expansion and the intensification of what McNeill (2019) refers to as mass supervision. Often posited as a solution to relieve problems in the criminal justice system such as prison overcrowding and high remand populations, electronic monitoring can be punitive and problematic, exposing more people to diffused forms of social control and functioning more as a supplementary feature of prisons as opposed to a substitution for prisons. In this chapter, I explore the existing and emerging policy landscape of penal electronic monitoring Scotland, drawing upon qualitative, experiential data about being subject to and enforcing penal electronic monitoring in Scotland (see Casey, 2021) to highlight how policy is enacted in practice. Ultimately, I argue that there are fundamental issues with how electronic monitoring is currently enacted in terms of what it promises, in terms of fairness and in relation to the potential harms of integration. I call for a fundamental and holistic reframing of policy and regulation of penal electronic monitoring in Scotland that avoids siloed approaches towards policymaking, attending to both the social and digital impacts of electronic monitoring in people’s lives, thus contributing to arguments about how ‘mass supervision’ should be moderated and resisted.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

Keywords

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