EU update

This is the regular edition of the Bristows column on developments in EU law relating to IP, IT and telecommunications. This news article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

International Trends in Prison Upsizing and Downsizing: In Search of Evidence of a Global Rehabilitation Revolution

Abstract

Our review of global trends in the use of incarceration reveals that both the number of people incarcerated worldwide and the global rate of incarceration continue to increase in every global region. In addition, there have been sizable global increases in the use of pretrial detention, the proportion of female prisoners, the proportion of foreign prisoners, prison privatization, and prison crowding. After reviewing these global trends, we examine the available data on correctional performance, focusing on global crime trends in the subgroup of countries (n = 20) where three-quarters of the world’s prison population is currently located. While most (17/20) of these countries continued to increase their prison population despite decreases in most crime categories, three countries—the Russian Federation, South Africa, and Pakistan—have reduced their reliance on incarceration (number and rate) while also reducing their crime rates. Compared to other countries with large prison populations, the United States’ overall increase in both the prison population (+14.4% since 2000) and incarceration rate (+2.2) can be described as modest. Our review of global trends in corrections and sentencing policy reforms revealed an emerging focus on offender rehabilitation in both prison and community corrections settings and a growing recognition of the link between community development and crime. Focusing on the potential impact of rehabilitation-rich policy reforms in the United States, we highlight the results of a recent simulation modeling study (Taxman & Pattavina, 2013 Pattavina, A., & Taxman, F. S. (2013). Using discrete-event simulation modeling to estimate the impact of RNR program implementation on recidivism levels. In F. S. Taxman & A. Pattavina (Eds.), Simulation strategies to reduce recidivism (pp. 267–281). New York, NY: Springer.[Crossref] , [Google Scholar]) designed to estimate the impact of expanding our institutional corrections treatment infrastructure. This study reported significant, but relatively small, long-term reductions in prison populations when treatment capacity and treatment quality are increased. These findings suggest that even major improvement in the quantity and quality of prison programming—by itself—will not fundamentally change the life course of prisoners, resulting in continued high return-to-prison rates for these offenders. We conclude that for the United States to significantly reduce its reliance on incarceration, we will need to rethink our approach to crime and punishment. Our global review of corrections and sentencing strategies identified a number of possibilities. Using the global incarceration rate and the global crime rate as benchmark performance “tipping points,” we call for the development of corrections and sentencing policies—and the hiring of corrections personnel—based on the new goal of corrections: individual and community rehabilitation.