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Pervasive Punishment
Type: Book
ISBN: 978-1-78756-466-4

Book part
Publication date: 14 December 2023

Fergus McNeill, Katharina Maier and Rosemary Ricciardelli

This book brings together an international group of scholars whose chapters, analytically and/or empirically, engage with, challenge, and further advance our understanding of ‘mass

Abstract

This book brings together an international group of scholars whose chapters, analytically and/or empirically, engage with, challenge, and further advance our understanding of ‘mass supervision’ across jurisdictions. In this introductory chapter, we describe the impetus for and purpose of this book and briefly outline each chapter’s contribution. Together, contributors to this book provide contextualised insight into what ‘mass supervision’ is, how it works, and what effects it has on individuals and communities. The chapters span macro-examinations of the socio-political origins and developments of probation and community-based supervision across jurisdictions and micro-examinations of how people perceive and experience punishment in the community both as its practitioners and as its subjects.

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

Keywords

Book part
Publication date: 14 December 2023

Katharina Maier, Michael Weinrath, Rosemary Ricciardelli and Gillian Foley

In the current chapter, we examine the nature, distribution and experiences of probation in Canada. More specifically, drawing upon in-depth interviews with probationer loved…

Abstract

In the current chapter, we examine the nature, distribution and experiences of probation in Canada. More specifically, drawing upon in-depth interviews with probationer loved ones, we examine the experiences of what we refer to as secondary supervision. The concept captures how individuals with a loved one (i.e. family member or partner) on probation understand, make sense of and feel affected by their loved one’s probation order. Complementing existing literature on the collateral consequences of incarceration or ‘secondary prisonization’, we show how secondary supervision burdens probationer loved ones mentally and emotionally as they must navigate the uncertainties of their loved one’s legally precarious status. We highlight the necessity of expanding probation research and of our thinking about ‘mass supervision’ to consider the collateral and unintended consequences of community-based supervision.

Details

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

Keywords

Abstract

Details

Pervasive Punishment
Type: Book
ISBN: 978-1-78756-466-4

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

Book part
Publication date: 14 December 2023

David J. Hayes

This chapter argues that the concept of ‘mass supervision’, and indeed the concept of ‘mass incarceration’ from which it derives, is both quantitatively and qualitatively…

Abstract

This chapter argues that the concept of ‘mass supervision’, and indeed the concept of ‘mass incarceration’ from which it derives, is both quantitatively and qualitatively indeterminate when applied outside of the context of the US. However, the qualitative indeterminacy of mass supervision only holds so long as one treats the word ‘mass’ as being an analogy to mass consumption. This chapter therefore considers an alternative construction of ‘mass’ punishment in terms of mass production. Comparing the philosophies of production associated with Henry Ford and William Morris with the scholarship of Michel Foucault and Fergus McNeill reveals that mass supervision can authentically claim to be qualitatively ‘massive’, given the bespoke and one-on-one nature of traditional supervision. It is thus possible to speak coherently of ‘mass supervision’ in an international context, although this negative conception of a problem invites questions about the best solution that it generally leaves open.

Details

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

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

Book part
Publication date: 14 December 2023

Ana María Morales

In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is…

Abstract

In this chapter, I analyse the implementation of the reform to the regimen of alternatives to prison in Chile which occurred in 2013 and how the reform affected how punishment is conceived and translated into practice by professionals supervising probation and community services. The findings suggest the reform that led to the new ‘substitutive sanctions’ also introduced a new risk-oriented-managerial culture that has permeated how punishment is currently enforced and envisaged by supervision professionals; a situation that has been deepening over the years, not only through practice, but also via on-going training that has helped to generate the emergence of ‘cultural’ capital that distinguishes supervision professionals from the larger organisation. This has been combined with a rapid expansion in the use of substitutive sanctions, especially probation and ‘partial reclusion’ that can aptly be analysed under the ‘mass supervision’ premise.

Details

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

Keywords

Content available
Book part
Publication date: 14 December 2023

Abstract

Details

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

Book part
Publication date: 14 November 2018

Fergus McNeill

Abstract

Details

Pervasive Punishment
Type: Book
ISBN: 978-1-78756-466-4

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