Research note: The founders and survivors project

This paper describes the multidisciplinary project Founders and Survivors: Australian Life Courses in Historical Context. Individual life courses, families and generations through the nineteenth and twentieth centuries are being reconstituted from a wide range of data including convict records; birth, death and marriage registrations; and World War I service records. The project will result in a longitudinal study of Australian settlement, the long-run effects of forced labour and emigration on health and survival, family formation, intergenerational morbidity and mortality, and social and geographic mobility.     

L'impact du discours des droits des détenus et des normes d'équité sur le tribunal disciplinaire carcéral

Over the past two decades, the prisoners rights movement and active judicial intervention in prison law have widely expanded in Canada. This movement has had a significant impact on the emergence of new norms of correctional justice. The recentCorrections and Conditional Release Act, (November 1992), inserts notions of human dignity; due process of law; and to a certain extent, the fundamental rights of prisoners. The aim of this essay is to measure the impact of prisoners rights discourse, and the legal obligation to act fairly towards prisoners, on the practices and quality of disciplinary decisions. Based on observations made at disciplinary hearings in various penitentiaries and interview data derived from the main actors, the author assesses how the ‘judiciarization’ of social relations and the ‘legalization’ of discipline in the prison have contributed to the birth of a more humanized prison and the promotion of human dignity for those people who are incarcerated.      

Mortality under and after sentence of male convicts transported to Van Diemen's Land (Tasmania), 1840–1852

This article reports on mortality in a cohort of 7084 English, Irish and Scottish-born convict men who were transported on 30 ships to Tasmania between 1840 and 1852. To the authors' knowledge, this is the first study of convict mortality that systematically traces the mortality of convicts after emancipation as well as under sentence. This pilot study investigates the relationship between pre-transportation characteristics, convict discipline, reactions to convict discipline, and mortality under and after sentence of the male convict population. The convict men were various in their origins but shared the experience of penal servitude under the gaze of a paper panopticon. Controlling for other factors, the authors find that the convicts were more likely to die under sentence if they were born in Scotland, London or an industrial-urban area; if they exhibited disturbed mental behaviour under sentence, such as tearing their clothes; or if they had more time in solitary confinement or more accumulated insults of their mind and body. For those who survived sentence, mortality was higher for those born in an industrial-urban area, those who had more alcohol-related offences under sentence, those with more time in solitary confinement under sentence, and those who were violent or threatened violence while under sentence.     

Juvenile convicts and their colonial familial lives

Convicts were transported from Britain to Van Diemen’s Land from 1803 until 1853. Approximately 10 000–13 000 juveniles were among the 148 000 convicts transported. This article has traced the lives of female and male juvenile convicts transported, who were sentenced at the Old Bailey (the Central Criminal Court in London), and voyaged to Van Diemen’s Land. By exploring individual lives, and contextualising their experiences, it is possible to go beyond the circumstances of offending–through to their punishment period, to their lives upon release. This article will focus on one aspect of juvenile convict lives post-transportation–their familial life. The method of nominal record-linkage has been used across a variety of criminal and non-criminal records (including civil records and newspapers) in order to build up a picture of these young offenders. Going beyond the institution and focusing directly on female and male juveniles is important in understanding the lives of this unique group. From the behaviour of the juvenile convicts themselves, to the decisions of the administrators and the conditions of the penal colony into which they were thrust; were these female and male juvenile convicts able to form ‘settled’ colonial lives and which factors inhibited or facilitated this process?     

Trials of Women for Homicide in Nineteenth-Century England

This study examines the rates of trial of women on charges of murder at five yearly intervals from 1845 to 1900. Most women in the nineteenth century were charged with murdering their new-born infants or older children, though few were convicted. Also discussed are the rates of trial for charges of "concealment of birth," a charge frequently used when a jury was reluctant to convict an accused woman of the more serious charge of murder.     

Politicized prisoners: From class warriors to faded rhetoric

This article examines the under-researched phenomenon of prisoner politicization in the United States and Canada, surveying a period between the prison turbulence of the 1960s to the current era of administrative control. The theoretical grounds for the concept of prisoner politicization are delineated, and a measure of politicization is constructed based on research undertaken at three British Columbia penitentiaries, involving direct interviews with prisoners. The decline of prisoner politicization over the past decade is related to innovative penal strategies that re-individualize prisoner orientations and discourage potential alliances between prisoners and non-prisoner activist groups.     

Taming The Shrew: Regulating Prisoners Through Women-Centered Mental Health Programming

The Correctional Service of Canada (CSC) has received international praise for its new policies with female prisoners serving federal sentences of two or more years. Regarded as progressive, even radical, other countries have looked toward Canada for inspiration in the design of their own policies [Carlen, (2002) Criminal Justice 2(2)]. CSC’s “women-centered” mental health agenda, however, while rhetorically progressive, remains consistent with disciplinary processes which prioritize self-regulation and aim to correct or normalize those considered failed citizens [Kemshall, (2002), The Howard Journal 41(1), 41–58]. Using Nicolas Rose’s concept of governance through self-regulation [Rose 1991, b Rose (1996). Inventing Ourselves: Psychology, Power and Personhood. Cambridge: Cambridge University Press; Rose (2000). British Journal of Criminology 40, 321–339] as a theoretical framework, we argue that correctional mental health practices privileges a psychological discourse which serves to regulate women prisoners as opposed to empowering or supporting them. We examine the over use of psychiatric labelling of women, such as that of Boderline Personality Disorder, and the resulting treatment regime, Dialectical Behavior Therapy, to illustrate that the CSC has constructed women prisoners as disorderly and disordered and thus in need of taming. This discussion is followed by recommendations for new directions in feminist mental health treatment for women in prison that more adequately confront the inherent tensions and contradictions of prison therapeutic services and that incorporate multi-faceted understandings of the mental health needs of women offenders. We conclude with some policy and research implications of adopting a feminist informed mental health correctional strategy. An erratum to this article is available at .     

Judicial Murder‐Suicides in Van Diemen's Land

On the morning of December 17, 1827, nine convicts were executed by public hanging in Hobart Town, the capital of the British colony of Van Diemen's Land (now the Australian state of Tasmania). Two months previously they had drowned senior Constable George Rex on Small Island, which was part of the penal settlement at Macquarie Harbor, in front of five bound and gagged witnesses. They offered no defence at their trial. Examination of the Tasmanian colonial convict records shows that “suicide by lottery” involved convicts choosing two men, one to die and the other to kill him. The witnesses would earn a respite when taken away for the trial, and the murderer would be executed. “Death by gallows” could be considered a nineteenth‐century version of an orchestrated suicide reminiscent of more modern “death by cop.” This category of “judicial” murder‐suicide expands the range of contemporary classifications of dyadic deaths.     

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that link in a Bill of Rights, taking account of the potential introduction of limitation clauses and the possibility of according Strasbourg judgments against the UK an advisory status only. Finally, taking account of the European Court's recent movement towards ‘enhanced’ subsidiarity, it will examine the consequences for the protection of human rights of reliance on a Bill of Rights intended to be interpreted and applied independently of Strasbourg influence.     

The ‘illegal sentences which magistrates were daily passing’: The Backstory to Governor Richard Bourke's 1832 Punishment and Summary Jurisdiction Act in Convict New South Wales

Recent literature has recast the history of the British empire as a vast project of intervention in and reordering of colonial legal administrations. Closer inspection of local moments of legal reform, however, reveals substantial complications and contradictions in that project. This article re-considers Governor Richard Bourke's Punishment and Summary Jurisdiction Act 1832, the most celebrated legal intervention in the history of the ‘convict colony’ of New South Wales by a governor whose liberalism and humanitarianism epitomized the spirit of imperial reform agendas. The nature and objectives of Bourke's so-called Fifty Lashes Act are widely misunderstood. This article shows that while Bourke positioned his Act as a matter of legal urgency, its core aim was to render convict punishment more useful and economical. Moreover, Bourke's reforms were less innovative than is commonly assumed, being mostly required to re-assert and refine existing law that was being disregarded. Nevertheless, Bourke's reforms did address long-contested legal issues surrounding the summary jurisdiction of colonial magistrates and the local application of English transportation law. The backstory to the Act reveals the remarkably complicated and truly disordered state of the law in New South Wales, but this article also shows how the implementation of legal reform was seasoned with confusion and caution.     

Blood and bone: body mass,gender and health inequality in nineteenth-century British families

In mid-nineteenth-century Britain, a new institution emerged: the modern prison. Some prisons invested in scales. Upon entry, prisoners were measured and personal details documented. These meticulously compiled records afford a new vantage point from which we can peer into the dynamics of the household. Body measurements – height, weight, and body mass (weight adjusted for height) – connect to both patterns of consumption and health risk. Prison data thus speak to both gender and health inequality in the past. The paper juxtaposes a service economy (Wandsworth near London) with a modern manufacturing sector (Paisley near Glasgow) in order to contrast how economic form and opportunities in the market sector shaped relations and outcomes in the household sector. We find that families bargained over the allocation of resources; that bargaining position was influenced by economic value, mediated by maternal sacrifice; that this was an earner bias rather than gender bias; and that new industrial work for women and children supported a more egalitarian distribution that improved everyone's health status via superior heights and heavier weights. We examine Irish immigrants to assess cultural differences in family behaviour. Finally, the paper offers, for the first time, a detailed interpolation of Waaler's health risk for women.     

Managing Prisoners as Problem Populations and the Evolving Nature of Imprisonment: A Convict Perspective

This article employs a convict perspective toexamine the evolving nature of imprisonment inthe United States. Drawing from the prisonliterature, and placed within the politicaleconomy of the wider society, it utilizespersonal accounts of the author (an ex-convict)and his interactions with prisoners to providea critical look at the changing structures,inequities, and hierarchical social relationsof the prison system and their effect on thelives of people behind bars.     

SERVICES FOR CHILDREN OF INCARCERATED PARENTS

“Services for Children of Incarcerated Parents” provides an overview of the history, design and outcomes of human service programs provided for children of prisoners in the United States. The article examines services based in correctional settings and services sited in the community, using examples from the core programs and projects conducted by the Center for Children of Incarcerated Parents from 1990 through 2010. An analysis of the utility of specific services to children and families, and the effectiveness of those services in improving child outcomes is provided.     

A cross-sectional study on expression of anger and factors associated with criminal recidivism in prisoners with prior offences

Objective: The purpose of this study is to determine demographical characteristics leading to crime recidivism and define anger levels and anger expression manners for those who re-commit crime.Method: All the literate inmates in zmit Closed Penitentiary were included in this cross-sectional study. The prisoners were asked to respond to State-Trait Anger Expression Inventory. Their socio-demographic data were collected and a questionnaire was given to them to determine their state of imprisonment, sentence, nature of the crime in which they were involved, their criminal history, their relationship with inmates and prison staff and substance and alcohol use.Results: Of the 438 prisoners, 302 (68.9%) responded to the questionnaires. Crime recidivism among the study cohort was observed to be 37.4%.Mean trait anger, anger out and anger in scores were significantly higher in prisoners with criminal recidivism in comparison with those who did not have prior criminal records. However, mean anger control scores for prisoners with or without criminal recidivism were similar. Unemployment, education level completed at secondary school or below, having committed a crime under the influence of alcohol or narcotics, having been involved in prison fights, having resisted police officers, caused damage in their vicinity when angry and violent crimes were all found to be possible causes of criminal recidivism. Educational level completed at secondary school or below, getting into fights with other prisoners, unemployment and resisting police officers were determined to be the strongest indicators to predict criminal recidivism when all variables were considered according to a logistic regression model.Conclusion: It can be proposed that those who have problems with officials or hostile towards others constitute a risk group for criminal recidivism. If prisoners with criminal recidivism can be helped to identify and control their anger, their risk of committing a new crime can be minimised.     

Who should pay for bad genes?

Parents have long been able to influence the genetic composition of their children through their choice of a reproductive partner, if only very approximately. They are, however, increasingly able to determine the genetic make-up of their children in other, more precise ways, such as by selecting a particular gamete or embryo or by genetically modifying an embryo prior to artificial implantation. This Article discusses parents' obligations to their children and other members of the community stemming from their children's genes. In a just state, it argues, parents would be responsible for redressing any genetic disadvantage their children suffer as a result of parents' voluntary actions. Within the context of a liberal egalitarian account of distributive justice, this responsibility might most fairly be discharged through a compulsory insurance plan that provides compensation to genetically disadvantaged children when they might have had non-disadvantaged children instead would in some circumstances incur greater liability, because they could not fairly push the cost of their choices off on other members of the insurance pool. The Article also asks whether parents wrong a child by allowing it to be born with a genetic impairment when, had they taken steps to remove the impairment, the unimpaired child they had would have been a different person from the genetically disadvantaged child because the better-off child's capacities and experiences differed considerably from those that the disadvantaged child would have had. Contrary to many people's moral intuitions, the Article argues that parents do not wrong such a child. Nevertheless, parents remain morally obligated to bear any added costs occasioned by the child's impairment. Any other approach would allow them unjustly to shift the burden of their choices to other parents. Finally, the Article takes up the much debated question of whether parents harm a child by allowing it to be born with a life not worth living when they could have prevented its birth. It suggests that the answer to this question should be irrelevant to parents' legal liability. Acting on behalf of the parental insurance pool, the state may nonetheless adopt a variety of measures to help potential parents avoid giving birth to such children, which one can assume virtually all would prefer.     

Research note: The founders and survivors project

This paper describes the multidisciplinary project Founders and Survivors: Australian Life Courses in Historical Context. Individual life courses, families and generations through the nineteenth and twentieth centuries are being reconstituted from a wide range of data including convict records; birth, death and marriage registrations; and World War I service records. The project will result in a longitudinal study of Australian settlement, the long-run effects of forced labour and emigration on health and survival, family formation, intergenerational morbidity and mortality, and social and geographic mobility.     

Public and Parliamentary Attitudes to Welfare

One of the core functions of parliament in the United Kingdom is arguably to represent the views of the people. While opinions differ as to the precise nature of this representation, one would expect to find a broad measure of comparability between public opinion and the opinions of those representing the public in parliament.

This article examines the extent to which shifts in political attitudes towards the welfare state have been reflected in public opinion, particularly since the election of New Labour in 1997. Using data derived from a series of interviews with MPs from all sides of the House of Commons, and information on public attitudes to welfare collated from the British Social Attitudes survey, it seeks to identify and explain areas of disagreement and consensus in public and parliamentary attitudes to welfare. It focuses in particular on questions regarding commitment to state welfare provision, priorities in welfare spending and attitudes towards funding for welfare services.     

Prisons’ condition and treatment of prisoners in Nigeria: towards genuine reformation of prisoners or a violation of prisoners’ rights?

This study examines the conditions of prisons and the treatment of prisoners in Nigeria. The purpose of this examination is to determine compliance with the benchmarks for the treatment of prisoners and ascertain if prisoners’ rights against ill-treatment are safeguarded. The study uses relevant laws, as well as published and unpublished reports, in order to paint a coherent picture of the conditions of prisons and the treatment of prisoners in Nigeria. This article comes to the conclusion that prisons in Nigeria are not operating satisfactorily according to their statutory duties, and instead of functioning as rehabilitation centres they end up contributing to human rights violation.     

The Zong in the Context of the Eighteenth-Century Slave Trade

This contribution places the Zong tragedy in the wider context of the eighteenth-century Atlantic slave trade, a global business venture which from 1750 to 1807 was dominated by British ships. Evidence for ‘jettison’ within the British slave trade is examined, and the uniqueness of this aspect of the Zong case is emphasised. Attention is given to the role of the Zong hearings of 1783 in bringing together individuals who would go on to play a leading role in the British anti-slavery movement, established in 1787. Finally, this article examines the impact of the Zong incident upon eighteenth-century maritime insurance law relating to ‘human cargoes’, and on the passage of the ‘Dolben Act’ (the first Act to regulate British slave shipping) in 1788.     

PREDICTING WHO REOFFENDS: THE NEGLECTED ROLE OF NEIGHBORHOOD CONTEXT IN RECIDIVISM STUDIES*

Prior studies of recidivism have focused almost exclusively on individual‐level characteristics of offenders and their offenses to explore the correlates of reoffending. Notably absent from these studies are measures reflecting the neighborhood contexts in which individuals live. The current research addresses this shortcoming. Using data on a sample of ex‐offenders in Multnomah County, Oregon (Portland and surrounding area) in conjunction with 2000 census data, we answer two questions. First, which individual‐level factors influence rates of recidivism? Second, to what extent does neighborhood socioeconomic status account for variation in the reoffending behavior of ex‐prisoners that is not explained by their individual‐level characteristics? We find that those who return to disadvantaged neighborhoods recidivate at a greater rate while those who return to resource rich or affluent communities recidivate at a lesser rate, controlling for individual‐level factors.