Deterrence and Incapacitation: Towards a Unified Theory of Criminal Punishment

Economic models of crime have focused primarily on the goal of deterrence; the goal of incapacitation has received much less attention. This paper adapts the standard deterrence model to incorporate incapacitation. When prison only is used, incapacitation can result in a longer or a shorter optimal prison term compared to the deterrence-only model. It is longer if there is underdeterrence, and shorter if there is overdeterrence. In contrast, when a fine is available and it is not constrained by the offender's wealth, the optimal prison term is zero. Since the fine achieves first-best deterrence, only efficient crimes are committed and hence, there is no gain from incapacitation.

Domstolarnas och de exekutiva myndigheternas verksamhet.

Mode of access: Internet.

Criminal statistics, Scotland.

Issues for 1868-1914, 1925- published in the series of parliamentary papers as Papers by command.

Flat-time prison sentences : a proposal for swift, certain, and even-handed justice /

Pamphlet is in a question answer format.

Journal of the American Institute of Criminal Law and Criminology.

Title from caption.

State Prison of Southern Michigan, Jackson. Statistical Report with Movement of Population

Issued with Following Variations In Title: Michigan State Prison, Jackson. Statistical Report; Statistical Report; Quarterly Statistical Report

Kvinnligt och manligt på sociala medier : En kvantitativ studie om medieanvändning och negativa känslor

In the present study the use and experience of using social media was examined in men and women in order to evaluate a possible relationship to gender. Particular emphasis was placed upon negative emotions. A questionnaire was constructed and submitted via Facebook by an online survey. There were 61 women and 50 men who completed the questionnaire. It was found that women and men used social media similarly with regard to frequency and the kind of social media they approached. Both genders used social media on a daily basis and both had profiles on the most popular social network sites as Facebook, Instagram, YouTube and Snapchat. The main purpose for using social media was to maintain already established friend relationships and to take part of other peoples content. A majority of the women but not the men used blogs, whereas a majority of the men but not the women used Twitter more frequently. The study also indicated a sex difference concerning the contents they took part of in the social media. More women took part of content that was related to a female stereotypic image whereas more men took part of content that was related to a male stereotypic image. There was no gender difference concerning contents such as fashion, entertainment, humour, news or politics. In the women there was a significant relationship between the use of social media and negative emotions. However, in the men, such a relationship was not found. The results indicate that more women tend to experience negative emotions when active on social media. More women experienced life as meaningless and boring, as well as stress after consuming contents in social media. They also did compare their life with others on social media leaving them with negative feelings. Such relationships could not be found in the men. In conclusion the present study indicated that for many aspects the use of social media is similar in women and men. However there seems to be a difference with regard to the experience of negative emotions in relation to the use of social media in women but not in men. 

Is gender a factor in perceived prison officer competence?

Background The introduction of women officers into HM Prison Service raised questions regarding women's ability to perform what had traditionally been a male role. Existing research is inconclusive as to whether female prison officers are as competent as male prison officers, and whether there are gender differences in job performance. This study examined prisoners' perceptions of male and female prison officers' performance. Hypotheses The hypotheses were that overall competence and professionalism ratings would not differ for men and women officers, but that there would be differences in how men and women were perceived to perform their roles. Women were expected to be rated as more communicative, more empathic and less disciplining. Method The Prison Officer Competency Rating Scale (PORS) was designed for this study. Ratings on the PORS for male and female officers were given by 57 adult male prisoners. Results There was no significant difference in prisoners' ratings of overall competence of men and women officers. Of the PORS subscales, there were no gender differences in Discipline and Control, Communication or Empathy, but there was a significant difference in Professionalism, where prisoners rated women as more professional. Conclusion The failure to find any differences between men and women in overall job competence, or on communication, empathy and discipline, as perceived by prisoners, suggests that men and women may be performing their jobs similarly in many respects. Women were rated as more professional, and items contributing to this scale related to respecting privacy and keeping calm in difficult situations, where there may be inherent gender biases. Copyright © 2005 Whurr Publishers Ltd.

The Prison System and the Media: How “Orange Is The New Black” Engages with the Prison as a Normalizing Agent

The purpose of this project is to ascertain the ways in which Orange is the New Black uses its platform to either complicate or reify narratives about the prison system, prisoners and their relationship to the state. This research uses the works of Giorgio Agamben, Colin Dayan, Michelle Alexander and Lisa Guenther to situate the ways the state uses the prison and social narratives about the prison to extend its control on certain populations beyond prison walls through police presence, parole, the war on drugs and prison fees. From that basis, this work argues that while Orange does challenge some narratives about race and sexuality, because of its reliance on “bad choices” as a humanizing trope and its reliance on certain racialized stereotypes for entertainment, the show ultimately does more to reify existing narratives that support state interests.

Ressignificação de Paradigmas e Estratégias de Recursos Humanos Voltadas para as Instituições Penitenciárias

O objetivo deste estudo é avaliar as condições de vida da população carcerária em dois presídios localizados no Recife (PE), e verificar o quanto tais condições implicam na reincidência criminal. O estudo foi baseado em uma revisão de literatura sobre o tema, realizada a partir de uma pesquisa bibliográfica em livros, revistas, e artigos publicados na Internet, tudo devidamente citado. E, também, contou com uma pesquisa de campo, realizada nas unidades penitenciárias – Presídio Aníbal Bruno e Penitenciária Feminina do Recife. Concluiu-se que o preso que cumpre pena nos presídios do Estado de Pernambuco, apesar do projeto de ressocialização da SERES, ainda vive em condições desumanas: sem acomodações, sem trabalho, sem assistência psicológica, sem projetos sócioeducacionais, sem atividades recreativas, entre outras coisas. A recuperação de um preso para o convívio social traz benefícios para a sociedade, para o Estado e para o indivíduo que cumpriu pena e, ao deixar a prisão, pode voltar a viver dignamente, consciente de que cometeu um erro e de que não voltará a errar. / The aim of this study is evaluate the living conditions of prison population in two prisons located in Recife (PE), and check how these conditions imply the criminal recidivism. The study was based on a review of literature on subject, carried out a search on books, journals, and articles published on Internet, all properly cited. And, too, had a field research conducted in the prison units - Anibal Bruno prison in Recife and Women's Penitentiary. It was concluded that the prisoner who is serving a sentence in the prisons of State of Pernambuco, despite the project's resocialization SERES, still live in inhuman conditions: no accommodations, no work, no psychological, social and educational projects without, no recreational activities, among other things. The recovery of a prisoner for social contact has benefits for society, for the State and the individual who served and, on leaving the prison, can return to live with dignity, knowing you made a mistake and that he will not err.

Generalists versus specialists: toward a typology of batterers in prison

In this study we apply the versatile/specialist offender debate to the research of intimate partner violence. We propose the existence of two types of imprisoned male batterers: the generalist and the specialist batterer. The individual, family, and community characteristics of these types of batterers are further explored in 110 imprisoned males in the Penitentiary of Villabona (Spain). As for the individual characteristics, results indicate that the generalist batterer present higher levels of psychopathology (specially antisocial and borderline personality), sexist attitudes, and substance dependence. Specialist batterers presented higher levels of conflict in their family of origin. Finally, generalist batterers reported coming from more socially disordered communities and showed lower levels of participation and integration in these communities than the specialist batterer. These results suggest that the classical distinctions among batterers based on psychopathology and context of violence (whether general or family only) might be of little utility when applied to imprisoned male batterers.

Sexuality in a criminal justice curriculum : a study of student conceptualisations of gay identity

Heteronormative discourses provide the most common lens through which sexuality is understood within university curricula. This means that sexuality is discussed in terms of categories of identity, with heterosexuality accorded primacy while all 'others' are indeed 'othered'. This article draws on research carried out by the authors in a core first year university ethics class, in which a fictional text was introduced with the intention of unpacking these discourses. An ethnographic study was undertaken where both students and teachers engaged in discussions over, and personal written reflections on, the textual content. In reporting the results of that study this article uses a post-structural framework to identify how classroom and textual discourses might be used to break down socially constructed categories of sexuality and students' conceptualisations of non-heterosexual behaviour. It was found that engaging in discussion in the context of the fictional text allowed some students to begin to recognise their own heteronormative views and engage in an informed critique of them.

Termination of a minor’s pregnancy : critical issues for consent and the criminal law

The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1991) 175 CLR 218 (Marion’s Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not Gillick-competent. This article argues against the imposition of this requirement on the ground that such an approach is an unjustifiable extension of the reasoning in Marion’s Case. The decision, which is the first judicial consideration in Queensland of the position of medical terminations, also reveals systemic problems with the criminal law in that State. In concluding that the traditional legal excuse for abortions will not apply to those which are performed medically, Queensland v B provides further support for calls to reform this area of law.

The Student Success Project : Helping students at-risk of failing or leaving a unit - a work in progress

In Semester 1 2007, a Monitoring Student Engagement study, conducted as part of the Enhancing Transition at Queensland University of Technology (ET@QUT) Project and extending earlier work in the Project by Arora (2006), aimed at mapping the processes and resources used at that time to identify, monitor and manage students in their first year who were at risk of leaving QUT (Shaw, 2007). This identified a lack of documentation of the processes and resources used and revealed an ad-hoc rather than holistic and systematic approach to monitoring student engagement. One of Shaw’s recommendations was to: “To introduce a centralised case management approach to student engagement” (p. 14). That provided the genesis for the Student Success Project that is being reported on here. The aim of the Student Success Project is to trial, evaluate and ultimately establish holistic and systematic ways of helping students who appear to be at-risk of failing or withdrawing from a unit to persist and succeed. Students are profiled as being at-risk if they are absent from more than 2 tutorials in a row without contacting their tutor or if they fail to submit their first assignment. A Project Officer makes personal contact with these students to suggest ways they can get further assistance depending on their situation.

Introduction

The title of this book, Hard Lesson: Reflections on Crime control in Late Modernity, contains a number of clues about its general theoretical direction. It is a book concerned, fist and foremost, with the vagaries of crime control in western neo-liberal and English speaking countries. More specifically, Hard Lessons draws attention to a number of examples in which discrete populations – those who have in one way or another offended against the criminal law - have become the subjects of various forms of stare intervention, regulation and control. We are concerned most of all with the ways in which recent criminal justice policies and practices have resulted in what are variously described as unintended consequences, unforeseen outcomes, unanticipated results, counter-productive effects or negative side effects. At their simplest, such terms refer to the apparent gulf between intention and outcome; they often form the basis for considerable amount of policy reappraisal, soul searching and even nihilistic despair among the mamandirns of crime control. Unintended consequences can, of course, be both positive and negative. Occasionally, crime control measures may result in beneficial outcomes, such as the use of DNA to acquit wrongly convicted prisoners. Generally, however, unforeseen effects tend to be negative and even entirely counterproductive, and/or directly opposite to what were originally intended. All this, of course, presupposes some sort of rational, well meaning and transparent policy making process so beloved by liberal social policy theorists. Yet, as Judith Bessant points out in her chapter, this view of policy formulation tends to obscure the often covert, regulatory and downright malevolent intentions contained in many government policies and practices. Indeed, history is replete with examples of governments seeking to mask their real aims from a prying public eye. Denials and various sorts of ‘techniques of neutralisation’ serve to cloak the real or ‘underlying’ aims of the powerful (Cohen 2000). The latest crop of ‘spin doctors’ and ‘official spokespersons’ has ensured that the process of governmental obfuscation, distortion and concealment remains deeply embedded in neo-liberal forms of governance. There is little new or surprising in this; nor should we be shocked when things ‘go wrong’ in the domain of crime control since many unintended consequences are, more often than not, quite predictable. Prison riots, high rates of recidivism and breaches of supervision orders, expansion rather than contraction of control systems, laws that create the opposite of what was intended – all these are normative features of western crime control. Indeed, without the deep fault lines running between policy and outcome it would be hard to imagine what many policy makers, administrators and practitioners would do: their day to day work practices and (and incomes) are directly dependent upon emergent ‘service delivery’ problems. Despite recurrent howls of official anguish and occasional despondency it is apparent that those involved in the propping up the apparatus of crime control have a vested interest in ensuring that polices and practices remain in an enduring state of review and reform.