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Book part
Publication date: 25 October 2019

Marie Anne Hutton

The title of this chapter was inspired by Martin, a prisoner the author met while conducting fieldwork. Martin remarked that, despite the common rhetoric around prisoners…

Abstract

The title of this chapter was inspired by Martin, a prisoner the author met while conducting fieldwork. Martin remarked that, despite the common rhetoric around prisoners ‘maintaining’ their family ties, the reality was that during imprisonment it became more about trying to cling on to them. Imprisonment is perhaps one of the most brutal disruptions a family can undergo, leaving them little choice but to adapt to this enforced transition. Immediately, the spaces where family life can happen narrow severely and become dictated by the prison environment and the plethora of rules that regulate it. The immediate physical separation, onerous restrictions on physical contact and the heavily surveilled nature of family contact during imprisonment constricts space for emotional expression, often rendering romantic relationships clandestine and fatherhood attenuated. Further, the temporal space for family is reduced as limited opportunities for visits lead prisoners to eschew contact with wider family members and prioritise their ‘nuclear’ family. Drawing on empirical research conducted at two male prisons in England and Wales, this chapter then, will detail the complexities of how families navigate this transition and the limitations on what family can mean in the prison environment. The chapter will conclude with the implications of these restrictions for the ultimate transition when prisoners return ‘home’.

Details

Families in Motion: Ebbing and Flowing through Space and Time
Type: Book
ISBN: 978-1-78769-416-3

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Book part
Publication date: 10 August 2023

Romulo Nieva

Imprisonment can severely impact and disrupt women’s childbearing and parenting experiences. Building on Sykes’ (1958) “pains of imprisonment” and the expanded “gendered pains of…

Abstract

Imprisonment can severely impact and disrupt women’s childbearing and parenting experiences. Building on Sykes’ (1958) “pains of imprisonment” and the expanded “gendered pains of imprisonment” proposed by feminist scholars, this chapter examines the pregnancy and mothering experiences of 18 Filipino incarcerated women. This study has illuminated women’s diverse and distinct situations expressed in three broad themes: (a) lack of control and autonomy, (b) disrupted mothering role, and (c) social networks as coping resources. The findings demonstrated how women’s institutionally imposed “prisoner identity” overshadows their pregnancy status and mothering role, exacerbated by their experiences of systemic scarcity, restricted contact with family, and limited autonomy. Finally, the results illustrated how emotional and material support from social networks (family and prison peers) helped women cope with the pains of imprisonment.

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Resilience and Familism: The Dynamic Nature of Families in the Philippines
Type: Book
ISBN: 978-1-80455-414-2

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Open Access
Article
Publication date: 28 March 2023

Avitus Agbor Agbor

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…

Abstract

Purpose

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.

Design/methodology/approach

To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.

Findings

A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.

Originality/value

The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.

Book part
Publication date: 6 November 2018

Gillian Balfour, Kelly Hannah-Moffat and Sarah Turnbull

Drawing on qualitative interviews with formerly imprisoned people in Canada, we show that most prisoners experience reentry into communities with little to no prerelease planning…

Abstract

Drawing on qualitative interviews with formerly imprisoned people in Canada, we show that most prisoners experience reentry into communities with little to no prerelease planning, and must rely upon their own resourcefulness to navigate fragmented social services and often informal supports. In this respect, our research findings contrast with much US punishment and society scholarship that highlights a complex shadow carceral state that extends the reach of incarceration into communities. Our participants expressed a critical analysis of the failure of the prison to address the needs of prisoners for release planning and supports in the community. Our findings concur with other empirical studies that demonstrate the enduring effects of the continuum of carceral violence witnessed and experienced by prisoners after release. Thus, reentry must be understood in relation to the conditions of confinement and the experience of incarceration itself. We conclude that punishment and society scholarship needs to attend to a nuanced understanding of prisoner reentry and connect reentry studies to a wider critique of the prison industrial complex, offering more empirical evidence of the failure of prisons.

Details

After Imprisonment
Type: Book
ISBN: 978-1-78769-270-1

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Book part
Publication date: 6 September 2021

Padma Bandaranayake

This chapter reviews a recent study that explores the perception of adult convicted prisoners and ex-prisoners in Sri Lanka regarding their use of prison libraries. How prison…

Abstract

This chapter reviews a recent study that explores the perception of adult convicted prisoners and ex-prisoners in Sri Lanka regarding their use of prison libraries. How prison officials, particularly rehabilitation officers and counselors see the presence of a prison library in the rehabilitative process is also examined. This chapter focuses mainly on the perceptions, feelings and emotions associated with using the prison library by Sri Lankan prisoners and ex-prisoners during their incarceration.

Information poverty is often common among prisoners as most are illiterate and are deprived of freedom due to their imprisonment. The role of a prison library in the rehabilitative process is highly commendable. A review of related literature, semi-structured interviews, and life histories with inmates at four closed prisons in Sri Lanka and ex-prisoners and observation on Sri Lankan prison libraries found that prisoners and ex-prisoners see prison libraries as important in meeting their diverse information needs, assisting them to spend their time effectively during incarceration, and to overcome stress while enhancing their well-being by reading. This chapter also stresses the importance of a well-established prison library and the effective delivery of library services for desistance from crime. However, the majority of prison officials do not see the importance of a prison library in the rehabilitative process. Drawbacks and potential of prison libraries and several implications for practice are also elaborated in this chapter. Such implications will be of interest to prison administrators and library professionals.

Details

Exploring the Roles and Practices of Libraries in Prisons: International Perspectives
Type: Book
ISBN: 978-1-80043-861-3

Keywords

Article
Publication date: 27 December 2021

Avitus Agbor Agbor

In total, 10 years since the establishment of the Special Criminal Court (SCC) in Cameroon to deal with a specific kind of corruption, one may wonder whether any achievements have…

Abstract

Purpose

In total, 10 years since the establishment of the Special Criminal Court (SCC) in Cameroon to deal with a specific kind of corruption, one may wonder whether any achievements have been made so far in fulfilling its mandate and also assuaging the tense and toxic perception that the Court was established as an arsenal to witch-hunt political opponents. This study aims to look into the work done so far in this regard, and makes an assessment as to whether any accomplishments have been made in the first decade of its establishment.

Design/methodology/approach

This paper takes an evidence-based approach in seeking answers to what accomplishments, if any, have been made by the Court, explores the notion of corruption within Cameroon’s legislative and institutional landscape prior to the establishment of the Court and looks into the profiles of those who have been indicted by the SCC for that crime; the amounts that were misappropriated and for which they were convicted; the sentences imposed. It identifies some outstanding cases: where the amounts misappropriated exceeded a threshold and asks the question of what made it possible for these individuals to misappropriate such huge sums of money?

Findings

The inconsistencies and irrationality in the sentencing are a few findings made. Added to those is the timing of the establishment of the Court which, as most have perceived, is a political witch-hunting aimed at bringing credibility to a failed regime, as well as deal with a few political “irresponsibles” who were once the president’s buddies.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The establishment of the SCC is commendable. However, as it deals with but a particular kind of corruption, it might be necessary to rethink the need of additional institutional mechanisms that have specialized jurisdiction to deal with the different kinds of corruption in Cameroon.

Social implications

The paper highlights the entrenched nature of corruption in the social fabrics of Cameroonian society, and exposes the need for a much holistic approach in dealing with corruption, as the SCC offers but one institutional mechanism toward that direction.

Originality/value

This paper, given the issues discussed therein, and considering the dearth of literature on the topic, advances the literature on the SCC in particular and the problem of endemic corruption in Cameroon in general.

Book part
Publication date: 6 November 2018

Alessandro Corda

Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent…

Abstract

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.

Article
Publication date: 1 May 2002

Karen Brady and Warren Dennis

This paper reports the findings of an initial exploratory study of the section 2 life‐sentenced prisoner population within one large prison in the south of England. Data were…

Abstract

This paper reports the findings of an initial exploratory study of the section 2 life‐sentenced prisoner population within one large prison in the south of England. Data were collected on 18 section 2 life‐sentenced individuals within the prison population and analysed to identify significant differences between those sentenced for ‘acquisitive’ offences and those sentenced for an offence of ‘violence’.Violent offenders were significantly more likely to have a higher level of violent previous convictions. Both groups were observed to have a high percentage of adjudications for anti‐social behaviour in prison. Importantly, those convicted of an offence of violence were perceived as being at significantly higher risk of suicide and self injury than were those convicted of an acquisitive offence. There was also an elevated level of drug‐related adjudications within the acquisitive offender group. Implications of these findings for practice are discussed.

Details

The British Journal of Forensic Practice, vol. 4 no. 2
Type: Research Article
ISSN: 1463-6646

Book part
Publication date: 10 October 2014

Willem F. M. Luyt

In this chapter, the author analyzes sentencing and incarceration practices in South Africa during the last 20 years, a period which saw the country transforming into a fully…

Abstract

Purpose

In this chapter, the author analyzes sentencing and incarceration practices in South Africa during the last 20 years, a period which saw the country transforming into a fully flexed democracy.

Design/methodology/approach

The concepts of sentencing, mandatory minimum sentencing, sentencing of children and incarceration are discussed. The past 20 years of democracy serve as a point of departure for this discussion. The retrospective nature of the adopted approach necessitates a heavy reliance on existing literature, but a statistical analysis is also relied upon. The author also reflects on research conducted during the last 20 years.

Findings

While it is almost impossible to duly consider all sentencing-related developments in democratic South Africa, important advances have been made but they were not always systematically followed through. Well-intended policies have at times been poorly executed. Specially, the correctional system destroyed all types of staff motivation through poor human resource practices.

Originality/value

Few scholars have considered the influence of sentencing practices on the South African inmate population, more particularly during the period of democracy that has been running for 20 years. This influence in the South African criminal justice system will be highlighted. The contribution of sentencing in the democratization of the country may be drawn from this discussion. The study may contribute to policy implementation for decades to come and through that, strengthen the South African democracy. At the same time, lessons from South Africa may serve as a roadmap for other young and established democracies.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

Article
Publication date: 1 April 1996

Michael Levi and Fangmin Ruan

China has a bad reputation — justified or not — for corruption: in a recent Transparency International survey, it was listed by US and European businesspeople as one of the three…

Abstract

China has a bad reputation — justified or not — for corruption: in a recent Transparency International survey, it was listed by US and European businesspeople as one of the three most corrupt countries in Asia, though its ranking fell slightly in 1996. A national survey revealed that ordinary Chinese regard corruption as the most serious problem after inflation, though 52 per cent expressed doubt that the Government could do anything about it. In 1995, in Beijing alone, 1,085 cases of corruption were uncovered. In 1996, in the Working Report of the Supreme Peoples's Procuratorate, the Chief Procurator Zhang Siqing observed:

Details

Journal of Financial Crime, vol. 4 no. 2
Type: Research Article
ISSN: 1359-0790

1 – 10 of over 3000