What is “prison culture”? Developing a theoretical and methodological foundation for understanding cultural schema in prison

What does it mean to say that a prison has a “culture?” Scholars have long emphasized the presence of a “prison code” and, more recently, a “racial code” as salient cultural domains in men's prisons. Yet, even though most people intuitively understand what is meant by “prison culture,” little progress has been made regarding the conceptualization and operationalization of culture as an analytical construct in prison scholarship. The current study makes two primary contributions to this literature. First, drawing on advances in anthropology, cultural sociology, and cognitive science, we incorporate the concept of cultural schema to provide a concrete analytical construct. Second, we test varying conceptualizations of cultural schema as either characterized by consensus or as overlapping relational structures. Using cultural consensus and correlational class analyses among a sample of 266 incarcerated men, we find little evidence of a culture of consensus for either the prison code or the racial code. Furthermore, we show evidence of heterogenous schema among these cultural domains. Our study is relevant to wider disciplinary work on culture as the problem of analytical precision we address is characteristic of much of the work in criminology and criminal justice that evokes culture as an explanatory device.     

Are you talking to me? Influencing behaviour and culture in police interviews

Abstract

This study examines the relationship between two types of influencing behaviour in police interviews (being kind and rational persuasion) and three types of interview effectiveness, i.e. the suspects’ willingness to give a statement, their estimation of the quality of the relationship with the detective, and suspects’ admission. We expected that being kind and rational persuasion (arguments referring to logic and rationality) would have a different effect on suspects from cultures that tend to be direct and content-oriented (low-context cultures) versus cultures in which communication is more indirect and context orientated (high-context cultures). To examine this, experienced police detectives interviewed mock theft suspects from low-context (n=25) and high-context (n=27) cultures. As predicted, and particularly for high-context suspects, being kind in terms of rewarding and offering was positively related to the perceived quality of the relationship of the suspect, while being kind in terms of active listening behaviour was positively related to admissions. Furthermore, and as expected, there was a positive relationship between rational persuasion of the police detective and admissions for low-context suspects, but also a negative relationship between rational persuasion and admissions for high-context suspects.     

What medical school did you graduate from? Judicial prescribing of medical treatments

There is much in the literature concerning conflicts between clinicians and the law over who should make decisions in a legal context, such as involuntary hospitalization or patients' competency to make treatment decisions. There is little, however, about judges' trying to impose specific treatment decisions on clinicians. This article addresses that situation and the problems such orders cause.     

Productivity slowdown and misallocation in the post-recession: What prevents recovery?

This study explores the effects of the 2008 global economic crisis on the labor allocation and productivity in Luxembourg. The analysis is based on firm-level data from manufacturing and non-financial service sectors and finds a dramatic productivity slowdown after 2008. The study reveals that the cleansing effect of recession did not function effectively which would otherwise improve the efficiency in the labor allocation and counterbalance the productivity slowdown. The firm entry and job creation rates are lower in the post-crisis period, but the job destruction is not significantly altered by the crisis. The findings call attention for the strict employment protection legislation that possibly plays a role in preventing reallocation towards more efficient establishments. Relaxing the employment protection legislation simultaneously with facilitating the entry and growth of young firms is expected to promote creative destruction, improve allocative efficiency and speed up the post-crisis recovery.     

The problems and possibilities in regulating technological frontiers: the politics of the new anxiety?

The revolution in science, biotechnology and medicine of the past 30 years demands a revisitation of old institutional forms and responses, including those of law itself. Scientific citizenship requires that law develop a moral vision and vocabulary so that we shape the moral dimensions of the emergent bioeconomy. Chief among those in the field of biotechnology are technologies of human reproductive cloning, therapeutic cloning and stem cell research using human embryos. Where there are deep pluralist divisions is in relation to therapeutic cloning and embryonic stem cell research. Regulatory flexibility may be opportune in delimiting the extent to which government need stray into this realm of "moral politics". As Brownsword has written, an important developmental vector is what has become known in administrative and public law literature as the concept of "smart regulation". This concept is examined and an attempt to apply it to these fields is made. The enlarged nature of human action -- enlarged in magnitude, reach and novelty -- raises moral issues beyond interpersonal ethics and requires reflection; responsibility is centre stage and calls for lengthened foresight -- what has been called a "scientific futurology". This is also examined.     

What effect did the mob have on Chicago neighborhoods? Explicating the relationship between racket subcultures and informal social control

This paper examines the relationship between racket subcultures and informal social control. Specifically, this paper examines the influence of traditional organized crime on informal social control in community areas while controlling for satisfaction with the police, tolerance of deviance, neighborhood and organizational ties, and neighborhood attachment. The data used in this analysis comes from the Community Survey of the Project on Human Development in Chicago Neighborhoods. They were obtained from the Inter University Consortium of Political and Social Science Research. Ordered logistic regression was used to analyze the data. The findings indicate that racket areas reported higher levels of informal social control when compared to similar non racket areas in the city of Chicago. These findings have important implications for the study of deviance. Not only do they suggest that criminals can play an important role in controlling street crime, the findings also support differential social organization theory.     

‘Mastaans’ and the Market for Social Protection Exploring Mafia Groups in Dhaka,Bangladesh

This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed.     

Prosecuting in paradise – race,politics and the rule of law in Fiji

This article looks at the violent coup in Fiji in 2000 led by George Speight in which the multiracial Government of Mahendra Chaudhary was overthrown. The article gives an insider's account of a subsequent criminal trial of some senior political figures who had supported Speight, including the Vice-President of Fiji. They were charged with taking treasonous oaths of office to serve in a rebel Government under Speight at a time when the legitimate Head of State, President Ratu Sir Kamasisi Mara, was struggling to prevent the nation from descending into total chaos and anarchy. The article considers how the trial had important ramifications for the rule of law in this developing south Pacific nation.     

What is the incidence and significance of "dry-lungs" in bodies found in water?

BACKGROUND: Drowning without aspiration of liquid, generally attributed to death from asphyxia while submerged and in laryngospasm, has been reported to occur in approximately 10% to 15% of drowning victims. OBJECTIVES: The occurrence of "dry-drowning" recently has been questioned and the hypothesis developed that "dry-lungs" in bodies found dead in the water could conceal more natural deaths than previously recognized. METHODS: Based on 578 selected adult victims who presumably drowned, we analyzed the correlation between the cases with a low combined lung/pleura liquid weight (< 1000 g and < 750 g) and a wide set of individual, circumstantial, and postmortem (PM) variables, using multivariate logistic regression analysis. Victims with lung weight < 1000 g were screened for long-QT syndrome (LQTS) founder mutations in KCNQ1 and KCNH2 genes. RESULTS: Of the 578 victims, 120 (20.7%) had a lung weight of < 1000 g, and 22 of these (3.8%) of < 750 g. Multivariate analysis showed a significant correlation for women (P < 0.001), for women aged 65 years or older (P < 0.001), and for men with prolonged PM submersion time (P < 0.001). "Normal" lungs were found in only 8 (1.4%) victims. Low-weight (< 1000 g), overdistended lungs with no sign of liquid penetration were seen in 11 (1.9%). No LQTS founder mutations were detected. CONCLUSIONS: The actual incidence of death of persons found in water who have normal lungs or do not have penetration of liquid into their airways, based on our study, is much lower (below 2%) than currently assumed.     

A review of telecom markets in the EU: What did the European Commission learn or not from the past?

The EU telecom regulation relies on a market-by-market sunset approach. In order to facilitate the market review of national regulatory authorities, the European Commission has offered two successive sets of recommended markets susceptible to ex ante regulation. The inclusion or exclusion of a recommended telecom market is analyzed on its competition conditions across the EU. Beginning in 2014 the European Commission published the draft third Market Recommendation. This article aims to give a critical evaluation of those recommended markets by surveying the competition situations on every telecom market in the EU Member States. It observes that while the drafted Third Recommendation makes a reasonable assessment for most telecom markets, it may not have appropriately addressed markets such as retail fixed access, wholesale call origination, wholesale fixed and mobile call termination, wholesale high-quality access, and wholesale broadcasting transmission.     

Protectors on trial? Prosecuting peacekeepers for war crimes and crimes against humanity in the International Criminal Court

Allegations of criminal conduct have been made against UN peacekeeping personnel. While only a small number commit criminal offences, these personnel must be held accountable for their actions. Ensuring accountability is difficult due to jurisdictional issues, including in which jurisdiction (host state, sending state, or third state) to prosecute offenders. However, the possibility of the International Criminal Court exercising jurisdiction over peacekeeping personnel (civilian or military) has not really been considered. This article will examine the potential applicability of the substantive law of war crimes and crimes against humanity under the Rome Statute to crimes committed by peacekeeping personnel.     

Capital punishment politics and policies in the States, 1977–1997

Since the U.S. Supreme Court ruled the death penalty constitutionalin 1976, thirty-eight states have readopted new capital punishmentstatutes consistent with Supreme Court decisions on procedural guidelines. While much of the literature about capital punishmentaddresses the legal aspects of the issue, this essay examines thepolitics of the major institutions of state government in the formulation of capital punishment policies. In some states, thereis agreement between key officials in the institutions on the desirability of, or opposition to, capital punishment. However, inmost other states, the debate over the appropriateness of deathpenalty policies is vigorously waged between the executive, legislative and judicial branches. Overall, 432 felons were executedin 30 states between 1977 and 1997. However, no executions haveoccurred in nine of these states. Twelve states have no provisionsfor the death penalty. The majority of executions since 1977 havetaken place in just six states. In addition to the abolitioniststates, the others can be categorized as (1) aggressive executioners,(2) occasional executioners, (3) reluctant executioners, and (4)nonusers where the death penalty has been restored for politicalpurposes but no executions have been carried out in over two decadesand none are likely to be in the immediate future given the minisculenumber of inmates on death row.     

Bracket creep in Australian abortion indications: when did rubella arrive?

This article highlights a common misconception about abortion law that is apparent from reading Harriton v Stephens (2006) 226 CLR 52; namely, that fetal abnormality forms a prima facie case for lawful abortion across Australia. This fallacy stems from the legacy of British law drafted in the aftermath of the thalidomide crisis of the early 1960s, and continues to shape beliefs about Australian abortion law in society and within the judiciary. The article notes the fundamental contradictions between British-style law that provides for abortion on the ground of fetal abnormality and New South Wales case law that provides for lawful abortion in regard to the health and wellbeing of the woman. The author concludes that it is misguided and erroneous to configure abortion law in terms of the fetus inconsistent with the tradition of abortion law, and New South Wales authority.