Psychologists as ‘the quiet ones with the power’: understanding indeterminate sentenced prisoners’ experiences of psychological risk assessment in the United Kingdom

ABSTRACT

Prisoners serving indeterminate sentences in the United Kingdom do not know when or if they will be released from prison. Release and progression decisions are determined by the risk the ISP presents of reoffending. This makes the assessment of risk a high stakes business for ISPs. Whilst there is a large body of literature focused on prisoners’ general experiences of prison, there is an absence of specific empirical exploration of prisoners’ experiences of risk assessment. This paper aims to address this gap by reporting the results of a qualitative exploration of ISPs’ experiences of psychological risk assessment. Interviews with 10 ISPs were conducted and analysed using Grounded Theory methods. Analysis indicated that prisoners experienced the prison environment as characterised by violence, volatility and suffering. Psychological risk assessment is embedded within this emotionally and physically challenging context but also contributes to the experience of suffering. Within this context, prisoners felt stuck, powerless and out of control in relation to risk assessment, and experienced psychologists as untrustworthy yet powerful. Understanding prisoners’ experiences is the first step in resolving some of the long-reported difficulties in working relationships between psychologists and prisoners as well as making the process more procedurally just.     

The President's Commission and Sentencing,Then and Now

The proposals made in 1967 by the U.S. President's Commission on Law Enforcement and Administration of Justice on sentencing were sensible, humane, well informed, and ambitious. They were premised on an assumption that indeterminate sentencing, then ubiquitous, would long continue, and sought to remedy its weaknesses and build on its strengths. That assumption proved wrong. Within a decade, indeterminate sentencing and its rehabilitative aspirations lost credibility and legitimacy. Within two decades, American policies incorporated features such as determinate sentences, lengthy prison terms, and mandatory minimum sentence laws that the Commission explicitly repudiated. The Commission's influence is evident in successful sentencing reform initiatives of the 1970s and early 1980s, some of which survive in a few places in compromised forms. Many of the Commission's proposals to make sentencing fairer, more consistent, and less vulnerable to influence by political considerations and public emotion are as germane today as they were in 1967.     

论美国的不定期刑制度

作为一项刑罚制度,不定期刑制度在新派刑法观的理论根基上建立起来,在美国特色的刑法价值取向和司法环境中壮大并引领起一场西方不定期刑的运动热潮,之后却在不足百年的时间内又由美国率先开始废止,继而掀起了"确定刑运动".在我国加快进行法制改革探索之时,有必要对不定期刑制度在美国的兴衰历程进行一番剖析,并从这一看似理论与实践的覆辙重蹈现象中获得启示.     

Patterns of Ecchymoses Caused by Manner of Death and Collateral Injuries Sustained in Bruising Incidents: Decedent Injuries,Profiles, Comparisons,and Clinicopathologic Significance

Abstract: We investigated how ecchymoses could be used to predict other injuries, or help establish the cause of death. Ecchymoses, fractures, lacerations, abrasions, and other data were recorded. Eleven percent of decedents had ecchymoses. Motor vehicle accident by car (MVA‐C) was the most common cause of ecchymoses and showed the most collateral injuries. Decedents of natural causes were more likely to have ecchymoses without collateral injuries. There appeared to be two groups of decedents with ecchymoses: one group is younger, comprised of victims of MVA‐C and homicides, with more injuries related to ecchymoses than others; another is an older group of victims of other accidents, natural causes, and suicide. There were no indeterminate causes of death among decedents with ecchymoses. Therefore, ecchymoses may be a surrogate marker to direct the pathologist to continue to seek a cause of death should be seen, even if the case, otherwise, appears to be indeterminate.     

To Rehabilitate or Not to Rehabilitate

In this article, we review the recommendations on corrections made by the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson in 1967 and compare these with the changes made in U.S. corrections over the past 50 years. Shortly after the Commission completed its report, dramatic changes occurred that impacted correctional policy and practice as support for law and order and correctional control moved corrections far from the Commission's recommendations for rehabilitation. The results of this research demonstrate that these approaches have not solved the nation's crime problems and have imposed hardships on individuals and communities. A current focus on evidence‐based corrections may provide a model for future decision making depending on whether the “times are ripe” for a return to a philosophy of rehabilitation. Any new commission will benefit from the research evidence that points to successful correctional interventions. Yet, there is much that still needs to be studied and learned. A new commission must be aware of and respond to the broader social conditions and beliefs and opinions of policy makers and the public that will influence receptivity to correctional reform. Recommendations should include clear guidelines for how research findings could be used to answer the still unanswered questions about rehabilitation interventions, as well as for how to ensure quality program delivery and public safety.     

Deserved Delayed Release? The Communicative Theory of Punishment and Indeterminate Prison Sentences

Indeterminate sentencing is a sentencing practice where offenders are sentenced to a range of potential imprisonment terms and where the actual release date is determined later, typically by a parole board. Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff. O’Hear’s core argument is that delayed release, within the parameters of the indeterminate sentence, can be seen as an appropriate retributivist response to the violations of prison rules. This article highlights several problems in O’Hear’s proposal and argues that the communicative theory is not easily reconciled with his proposed model for indeterminate sentencing. In conclusion, it is argued that proponents of the communicative version of retributivism should resist indeterminate prison sentences.     

Tracing the Gordian Knot: Indeterminate‐Sentenced Prisoners and the Pathologies of English Penal Politics

This article explores some of the key pathologies of English penal politics by applying an interpretive political analysis perspective to the specific issue of the plight of the ‘prisoners left behind’, the thousands of indeterminate‐sentenced IPP (imprisonment for public protection) prisoners who remain incarcerated, notwithstanding the abolition in 2012 of this sentencing option targeted at ‘dangerous offenders’. The article draws on research findings from an ESRC funded study of penal policymaking to examine why the Gordian knot of the prisoners left behind has proved to be so hard to untangle. The broader lessons of this specific story are then set out. In particular, it is argued that the public and political debate around criminal justice has become damagingly narrow over recent years.     

论不确定法律概念的开放力及其危险

不确定法律概念是指其内容和范围不确定而具有流动特征之法律概念,因其不具有绝对固定之特征要件而留有模糊的空间给法律适用带来困惑和疑难,但不确定之外部特征使其具有克服法律僵化和迟滞的开放力,能够充分展示法律概念的多维向度,促进立法、司法和执法的互动,并在具体应用法律中促进法律的演进和发展。当然,对其带来的可能导致法律适用软化和松懈的危险应保持相应的警惕。     

‘Their life in your hands’: the experiences of prison-based psychologists conducting risk assessments with indeterminate sentenced prisoners in the United Kingdom

ABSTRACT

Assessing prisoners’ risk of recidivism and making risk-management recommendations is central to the work of prison-based psychologists. Risk assessment is particularly crucial when it involves indeterminate sentenced prisoners: psychologists’ recommendations have potentially significant consequences both for prisoners and the public. However, little is known about psychologists’ experiences of conducting such high stakes risk assessments. This paper reports the results of an exploration of psychologists’ experiences, via interviews and discussions with qualified, prison-based psychologists. Analysis using Grounded Theory methods identified one super-ordinate category of meaning, namely The Challenging Context of Risk Assessment, which comprised two sub-categories: (1) pressure of limited resources and (2) pressure of the environment. An additional major category, Risk Assessment as a Weighty Task, comprised three sub-categories: psychologists described (1) a weight of responsibility relating to the magnitude and range of their responsibilities; (2) a weight of expectation from colleagues to provide solutions, and (3) the trainee dilemma associated with the need to balance development of trainee psychologists’ competence in risk assessment with being held accountable for their work. Understanding qualified psychologists’ experiences of undertaking risk assessments with indeterminate sentenced prisoners can facilitate improvements and build on areas of existing good practice.     

论共同危险行为的构成要件——以《侵权责任法》第10条为中心

《侵权责任法》第10条规定的是共同危险行为。该条的规范目的在于减轻受害人因果关系证明上的困难。在解释共同危险的构成要件与免责事由时不能偏离该规范目的。除基本的构成要件外,共同危险行为有两项重要的构成要件,一为共同危险人参与实施了对受害人权益有损害之危险的行为;二为因果关系不明,即无法确定具体的侵权人。此外,共同危险行为人之间不存在意思联络也是共同危险行为的消极构成要件,它能有效地将共同危险与其他共同侵权区分开来。