本体与属性：监狱惩罚的新界定

我国传统刑罚学中关于惩罚的研究范式仅囿于＂惩罚为了什么＂,实际上,应该对惩罚的本体即＂惩罚是什么＂作出深入分析。惩罚是国家基于报应主义或功利主义的立场,对被判定为有罪的人有计划、有组织地施加痛苦的一种方式。当人类进入到近现代社会后,惩罚则由一种方式转变为一种机制时,监狱惩罚便由此承担了其历史赋予的重任。监狱惩罚是对惩罚的现实兑现,是通过时间、空间和制度等安排实现对惩罚的物化。监狱惩罚的法律属性从历史和逻辑出发都可以定性为监狱的本质机能,而改造机能只能为次生机能。     

Potential of Inmate Self-Government

Inmate self-government is one of the strategies for moving correctional institutions away from the crime control establishment model and toward the community subsystem model Authentic participation in government of these institutions, however, awaits resolution of basic questions. With the prison organization provide the prerequisite conditions?. Will the inmates be prepared for effective participation. since the suicide processes of criminal justice administration heavily from those segments of the American population king expunge and incentives for significant political participation? Penal dorm depends on sociocultural changes in the society of which formations is a creature. Whether or not inmate self-government is o via reform strategy pivots ultimately on the revision of social attitudes toward deviants generally and the capacity of the prison to reduce significantly its social psychological isolation from the larger community system.     

The Influence of Prison Staff on Inmate Conditions: A Multilevel Approach to Staff and Inmate Surveys

The current study connects survey data of inmates and correctional staff in the Dutch prison system in order to describe and explain the impact of staff orientation and staff working conditions on perceived prison circumstances of inmates. Importation and deprivation theory are combined to test an integrated model to explain perceived prison conditions. By surveying staff (N = 1750) and inmates (N = 4673) independently within the same period of time and by afterwards pairing the results on the level of the housing unit (N = 173) using multilevel techniques, it is found that inmates′ perceptions of the prison conditions vary considerably between housing units. It is also found that staff’s perceptions of prison conditions show congruency with those of inmates. Another important finding is that in housing units where the orientation of staff towards inmates is relatively supportive, inmates perceive their circumstances as more positive. Conclusions and directions for further research are provided.     

The stability of punishment: A follow-up of Blumstein's hypothesis

Because of the intrinsic relativity of social tolerance toward crime, the rate of punishment that a given society inflicts on its criminals is expected to remain relatively constant over the long term, in spite of social changes and increasing or decreasing crime rates. This paper reconstructs the penal behavior of Montreal's criminal justice from 1845 to 1913 and finds that the stability hypothesis, all things considered, works quite well and has much heuristic value. Three problems, somewhat bypassed in the existing literature, are dealt with here: the reliability of penal statistical time series, the direct empirical evidence of stabilization processes, and a rather crude way of measuring prison punishment. It is suggested, furthermore, that the stability hypothesis include in its future argument the impact of increasing policing and that it be confined tentatively to modern western societies.     

Prison Population Inflation, Overcrowding and Recidivism the Situation in France

Before looking at the latest research into the recidivism of long-term prisoners which was carried out in France, a general overview is presented as well as an analysis of the change to the French prison population over the last 20 years; a study of the prison population inflation, based on the triptych: stock, flow, duration, as well as the evolution of penal and socio-demographic structures. To study the problem of prison overcrowding, the authors applied a statistical method called concentration analysis, first introduced into prison demography by Pierre Tournier in the work of the Council for Penological Co-operation (Council of Europe).     

Brown,Governor of California v Plata

This case note examines the controversial decision of the US Supreme Court which, by a majority of 5:4 held that California should reduce its prison population as overcrowding levels gave rise to cruel and unusual punishment. The implications of the case for the interpretation of when prisoners' rights under the Eighth Amendment are breached, the separation of powers are discussed; the possible impact on prison rates in the USA is also examined.     

U.S. SOCIAL STRUCTURE, CRIME, AND IMPRISONMENT

This research develops a structural model of crime and imprisonment in the United States from data on 49 states which was evaluated through a series of path and regression analyses. The major findings revealed that crime rates were effectively predicted by social structural characteristics, primarily urban population characteristics, and in turn that prison admissions were predicted by crime rates. Prison releases were not as strongly influenced by structural characteristics as crime rates and prison admissions; however, prison admissions were found to significantly affect releases. Variations in social structural determinants of violent and property crimes were also observed. The implication of these results ore discussed and suggestions for future research are presented.     

Women,brokerage and transnational organized crime. Empirical results from the Dutch Organized Crime Monitor

This paper analyzes the role of women in various types of transnational organized crime and tests the ‘gendered markets’ hypothesis by Zhang et al. (Criminology 45(3):699–733 2007) for a wide cross-section of 150 cases from the Dutch Organized Crime Monitor. The main information sources for the Dutch Organized Crime Monitor are closed Dutch police investigations into criminal groups, often spanning a period of several years. Following four data sweeps, a wide cross-section of 150 cases was collected about various forms of organized crime (period 1994–2011): ‘traditional’ drug trafficking cases (cocaine, heroin, and cannabis), but also other—less frequently prioritized—phenomena such as synthetic drugs (production and export), human smuggling, human trafficking, and fraud and money laundering. The paper discusses several important theoretical perspectives from the organized crime literature: the gendered markets hypothesis; the social embeddedness of (transnational) organized crime: and the idea of brokerage. Furthermore, empirical data are presented on how often women play a (prominent) role in different types of criminal activities and which roles they play. These findings are related to the ‘gendered markets’ hypothesis and alternative explanations. Further qualitative analysis is presented on the transnational aspects which can be discerned in the studied cases: transnational marriage and transnational relationships; language and mediation; and migration and legal status. Finally, the main conclusions are discussed as well as their theoretical and empirical relevance.     

Black Petes & Black Crooks? Racial stereotyping and offending in the Netherlands

In the popular Dutch tradition of Sinterklaas, the caricature of his helper ‘Zwarte Piet’ [Black Pete] is often of a black-faced white person. The representation of this character has been surrounded by controversy in Europe and abroad. The following paper discusses these recent controversial media stories in the Netherlands and Western Europe along with the historical context of this character. We also make an argument about how the pervasive imagery in news, television, and theatre of people of color in the Netherlands may be influencing crime statistics by creating and encouraging negative views of ‘the other’. In the Netherlands, Dutch Caribbean and Surinamese first-generation immigrants compared to white, native Dutch are over-represented in official arrest and prison statistics. We theorize that the reasons for this noticeable overrepresentation in crime statistic is it at least in part due to a societal stigma of ‘the other’ and racial profiling of black ethnic minorities.     

PRISONERS' ATTITUDES TOWARD COMPONENTS OF THE LEGAL AND JUDICIAL SYSTEMS

Prisoners' attitudes toward components of the legal and judicial systems are reviewed and analyzed with data collected from prisoners in their first several days of incarceration. These data are analyzed within subgroups of the prison population. In general, attitudes toward the police are negative, attitudes toward the law and the judicial system are mixed, and attitudes toward lawyers are positive. However, preprison and prison status factors influence the attitudes held by prisoners, and these different patterns of influence are discussed.     

Overcrowding and Inmate Fatalities

A number of theorists have suggested that prison overcrowding produces greater tendencies toward violence and interpersonal aggression. Empirical studies of the effects of overcrowding on the prison population have been conducted on individual inmate buffer zones, or have focussed on specific institutions within a state or federal prison system.

This paper reevaluates the relationship between prison overcrowding and inmate violence using official data reported for fifty-one (N = 51) Departments of Corrections reported in the Sourcebook of Criminal Justice Statistics.

Results of the analysis indicate that although overcrowding relates to the number of suicides and homicides in expected directions, these connections reverse themselves as indicators of inmate violence are translated into percentages of respective inmate populations.

The number of suicides reported explains a significant (R² = .27) portion of the variance in the number of homicides and clearly suggests that both forms of violence tend to occur together in state reporting areas.     

CORRELATES OF PRISON DRUG USE An Evaluation of Two Conceptual Models

This study, essentially an extension of the recent work of Akers et al., represents an attempt to evaluate the utility of two theoretical paradigms in accounting for illicit drug use in a prison setting. Based on self-report data obtained from a sample of 273 adult felons who were confined in a medium security penitentiary, the analysis presented demonstrates that virtually all of those inmates who reported drug use within the prison had also used drugs prior to their confident. Thus, contrary to the implications of the “deprivation model,” but fully consistent with those of the “importation model” this particular pattern of prison behavior is clearly not a direct function of the conditions of confinement. Instead, while the structure of the prison may well influence the probability that those who have used drugs prod to con/unmet will continue to do so while in prison, drug use appears to be an example of a type of behavior within the prison which is best predicted by preprison socialization and experience.     

Suicide on Death Row

Despite the level of supervision of inmates on death row, their suicide rate is higher than both the male prison population in the United States and the population of males over the age of 14 in free society. This study presents suicide data for death row inmates from 1978 through 2010. For the years 1978 through 2010, suicide rates on death row were higher than that for the general population of males over the age of 15 and for state prisons for all but 2 years.     

Estimating the numbers of prison terms in criminal careers from one-step probabilities of recidivism

A method of using estimates of one-step probabilities of recidivism, i.e., conditional probabilities of individuals returning to prison for the jth time given release for the (j-1)st time, to estimate the numbers of prison terms expected to be accumulated by the individuals, is presented. The method is illustrated by calculating the expected numbers of prison terms separately for racial and gender groups in a large data base of Western Australian prisoners. The recidivism probabilities for these data were estimated by fitting Weibull mixture models to the (possibly censored) times to recidivate. The probabilities increase strongly asj increases from 1 to 6, then level off. Large differences between them are due to racial and gender group and these are reflected in the differing expected prison career durations for these groups. The effect of interventions which might lower recidivism is discussed in the light of the method as applied to these estimates.     

Women in Prison in Spain: The Implementation of Bangkok Rules to the Spanish Prison Legislation

This paper aims to take a close look at the reality of female crime in Spain. On the one hand, we will focus on describing the current situation of women incarcerated in Spanish prisons, an especially vulnerable group given their peculiarities and needs. Through secondary sources, we describe the situation of discrimination against women in these prisons. On the other hand, the paper establishes whether the current Spanish prison legislation echoes all or some of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures of Freedom for Women Offenders (Bangkok Rules, 2010). To this end, a detailed analysis of both standards, national and international, is essential. As a general conclusion, although Spain has high standard prison regulations and modern facilities, female prisoners in Spanish prison are subject to discrimination. It is from such a perspective that this article proposes that the necessary changes and appropriate penitentiary policies to meet the specific needs of female prisoners are established.     

对“刑罚的执行”法律定位的学理思考——兼论我国监狱法典的完善

在我国监狱法中 ,刑罚的执行被定位在与狱政管理、教育改造等并列的层次上。本文认为 ,这一定位是报应刑罚思想和新中国行刑领域中的“三位一体”观念的产物 ,很难自圆其说。无论从历史看 ,还是从逻辑看 ,刑罚的执行是狱政管理、教育改造等的上位概念 ,因此 ,监狱法应对刑罚的执行重新定位     

Maintaining racial inequality through crime control: mass incarceration and residential segregation

The use of the prison system to incarcerate has been one of the state’s primary control mechanisms since the early 1970s, immediately following many civil rights changes. A system of mass incarceration has entailed wide and continuous racial disparities which maintain inequality across social institutions, such as the economy and political participation – the institutions in which the civil rights movement sought to secure equality. This analysis examines the association between disparate crime control and racial residential segregation, another major social institution targeted by the civil rights movement. Links to theoretical discussions on racial formation, law and crime control, and residential segregation to advance our understanding of inequalities and the reciprocal relationships between these institutionalized processes are presented.     

THE IMPACT OF OUT-OF-STATE PRISON POPULATION ON STATE HOMICIDE RATES: DISPLACEMENT AND FREE-RIDER EFFECTS*

Past studies of the impact of prison population on homicide rates have produced widely divergent results. Those using state-level data find small impacts, but those using national data find very large ones. We use displacement/free-rider theory to explore the difference between these results. Displacement, in the current context, refers to a criminal's movement away from states with higher imprisonment rates. Free riding occurs when a state benefits from criminals being incarcerated in other states. If the displacement effect holds, a state's prison population has a stronger impact on crime within the state than would be accomplished by deterrence and incapacitation alone. If the free-rider effect holds, higher prison populations outside the state reduce homicide in the state because criminals are incapacitated elsewhere. Using vital statistics data for 1929 to 1992, we conduct separate homicide regressions for each state using both in-state and out-of-state prison population as independent variables. We find that the out-of-state variable has a much larger (negative) association with homicide, indicating substantial free riding. We also find evidence of a small displacement impact.     

Embracing Emotionality: Clothing My “Naked Truths”

There is increasing awareness and recognition that researchers’ emotions will contribute to a richer and deeper understanding of what they are studying. Researchers’ emotions as analytic tools are particularly relevant when working with marginalized or oppressed groups because of the emotional aspect generally associated with human suffering. This paper discusses how adopting a reflexive practice can help researchers embrace and use their emotions as a part of the research process, enabling a more humanistic approach to studying crime and those whose marginalization and oppression are intricately tied to their crime. More specifically, this paper examines my own experiences of doing research with Aboriginal female offenders in a federal prison. I problematize the process of embracing emotionality by reflecting on the paralysis that evolved in my research with these women as I experienced an overwhelming sense of despair and hopelessness. I contend that social science in the academic arena, not unlike many other institutions in society, has adopted a method of surveillance thereby instilling a sense of fear and judgment upon those working in academic arenas. After describing my reflexive process throughout this emotional paralysis, I describe my discovery of safe spaces as a way of dealing with my emotions and how engaging in creative analytic practice enabled me to clothe my nakedness and vulnerability as I represented, and ultimately re-created my self in the research process. As part of that evolution, embracing emotionality ultimately enabled me to engage in knowledge building as well as advocacy with and for Aboriginal women in prison.     

Female prisoners' understanding of ‘bullying’ and their methods of coping: a multinational perspective

Abstract

Whilst prison bullying is a well-researched form of aggressive behaviour, recent studies have suggested that there may be discrepancy between how prisoners and researchers understand the term ‘bullying’. Interviews with 26 female prisoners were subject to constant comparison framework analysis. More than 150 themes were identified. These suggested that whilst there is overall agreement between prisoners and researchers as to what behaviours constitute bullying, a consensus does not exist within the prisoner population. Behaviours identified as bullying behaviours by prisoners are also reported as methods of coping. Cultural differences in behaviour and how these relate to perceptions of aggression were identified by the women prisoners. The findings of this study have implications for researching bullying in institutions such as prisons, and for managing and intervening with bullies in prisons.