Module 6

Prison Reform
Module aims and structure

Six key aims:

• Develop an understanding of the main purposes of criminal punishment

and the aims of imprisonment. Three key parts:
• Demonstrate critical understanding of the history of prison reform
Part I: Introducing the aims of
• Critically assess key issues associated with rising prison populations punishment, imprisonment and
• Demonstrate critical understanding of key international standards on the concept of prison reform
treatment of prisoners
• Identify vulnerable groups who might benefit from alternative sanctions Part II: Current trends, key
challenges and human rights
• Develop an informed opinion on the ways in which prisons can operate
humanely Part III: Towards humane prisons
• Assess the role of non-custodial measures as a key component of and alternative sanctions
reducing the scope of imprisonment
 Part I:

Introducing the aims of punishment, imprisonment

and the concept of prison reform
 Justifications of punishment

Punishment causes harm, not only to offenders but also to their family, friends and to communities. What
justifies the infliction of punishment? What are the aims and objectives?

Retribution Incapacitation Deterrence Rehabilitation Reparation

- ‘an eye for an eye’ - offender is (physically) - crime is reduced due to - 1960s ‘medical’ or - offender should repair
prevented from reoffending fear of punishment ‘treatment’ model the harm caused
- offender should be
punished because by the punishment (makes you think twice!) - punishment as an - restitution and
they deserve it imposed - individual deterrence: opportunity to provide compensation
- punishment should fit - public protection crime not repeated due to reform - restorative justice
the crime - different approaches (from negative experience of - improving offenders’ interventions between
(proportional) removing thieves’ hands to punishment behaviour will reduce offender, victim and the
disqualification from - general deterrence: reoffending community
- tariff setting
driving) offenders are punished to
deter others
What justifies imprisonment?

Prison supporters argue that the sanction of imprisonment achieves all the aims of punishment. But what weight should be given to the differing aims?

“The
Retribution Incapacitation Deterrence Rehabilitation Reparation penite
shall c ntiary
ompri system
of pris se tre
oners atmen
aim o the es t
f whic sentia
their r h sha l
eform ll b e
social ation
re h a an d
Imprisonment
(Intern
ationa b ilitatio
and P l Cov
olitica
n.”
enant
l Rights on Civ
, Artic il
le 10.
3)

“The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are primarily to protect
society against crime and to reduce redivism. Those purposes can be achieved only if the period of imprisonment is used to
ensure, so far as possible, the reintegration of such persons into society upon release so that they can lead a law-abiding and
self-supporting life.” (Rule 4(1) of the Nelson Mandela Rules)
Key question:
To what extent has imprisonment been effective in achieving this overarching aim?
 A brief history of prison reform (for example…)
1700s Key themes:
John Howard (1777)
Philadelphia Society for Alleviating the Prisoners are human
Miseries of Public Prisons (1787)
beings and should be
1800s “I believe that very few men are treated at all times with
Elisabeth Fry (1827)
capable of estimating the immense
Dorothea Dix (1840)
amount of torture and agony which “humanity and with
Charles Dickens (1842)
this dreadful punishment, respect for the inherent
Fyodor Dostoevsky (1861)
Howard League for Penal Reform prolonged for years, inflicts upon human dignity of the
(1866) the sufferers; and in guessing at it human person.”
myself, and in reasoning from (International Covenant on Civil
1900s what I have seen written upon their and Political Rights, Article 10.1)
UN Standard Minimum Rules (1955) faces, and what to my certain
ACLU (1972) knowledge they feel within, I am Individuals are sent to
Amnesty International (1961) only the more convinced that there
Penal Reform International (1989) is a depth of terrible endurance prison as punishment,
which none but the sufferers not for punishment
2000s themselves can fathom, and which (Alexander Paterson, 1922)
‘African Prisons Project’ (2004) no man has a right to inflict upon
‘Call for Action’ in the Phillipines (2007) his fellow creature.” (Dickens,
‘Support to prison reform in the Kyrgyz But what are the challenges to
1842)
Republic’ (2008) prison reform?
 Part II:

Current trends, key challenges and human rights

Key challenge: Overcrowding in prisons
Some key facts
 More than 10.35 million held in penal institutions worldwide
 World prison population has increased by 20% since 2000
 22 national prison systems hold more than double their capacity
worldwide
 A further 28 countries operate at 150% and 200% capacity
 Most prison systems do not have the minimum space recommended
by international standards
 Overcrowding can be so severe that prisoners sleep in shifts, on top
of each other, share beds or tie themselves to window bars so that
they can sleep standing
(World Prison Brief, 2016; Penal Reform International, 2016)

Why?
 Overuse of pre-trial detention
 Increased use of punitive criminal justice policies
 Drug laws which centre on imprisonment
 Lack of investment in rehabilitation and preventing reoffending
 Use of imprisonment in response to minor offences, breach of conditions or people
with mental health care needs or individuals (UNODC, 2013)

Overcrowded prison in the Philippines

Key challenge: Living in prison Sociologists have identified the pains of imprisonment:
 Loss of liberty
 Deprivation of goods and services
What is it like to live  Deprivation of relationships
in prison?  Deprivation of autonomy
 Deprivation of security (Sykes, 1957)

While the effects of imprisonment vary between individuals, prison

can produce detrimental and long-lasting change.

Prison systems have a duty to

International counteract the pains of imprisonment
human rights
 Universal Declaration of Human Rights
 Convention against Torture and Other Cruel, Inhuman and
1.Basic rights for Degrading Treatment or Punishment
every human being  International Covenant on Civil and Political Rights

 Standard Minimum Rules for the Treatment of Prisoners

2. … every convicted offender  Basic Principles for the Treatment of Prisoners
 The Bangkok Rules
3… every person in prison. Prisoners are sent  The Beijing Rules
to prison as punishment not for punishment  The Nelson Mandela Rules
Key challenge: Working in prison Control versus Care
 “To treat prisoners in a manner which is decent, humane and just
 To ensure that all prisoners are safe
 To make sure that dangerous prisoners do not escape
 To make sure that there is good order and control in prisons
 To provide prisoners with the opportunity to use their time in prison
positively so that they will be able to resettle into society when they
are released.” (Coyle and Fair, 2018: 17)

Dynamic security
A dangerous, difficult
workplace? “Prison staff need to understand that interacting with prisoners in a
humane and equitable way enhances the security and good order of a
prison. (…) Irrespective of staffing ratios, each contact between staff
PTSD and prisoners reinforces the relationship between the two, which
takin
g its
priso toll on C should be a positive one, based on dignity and mutual respect in how
n gu anad
s 24 Ju
a rds! a’s people treat each other, and in compliance with international human
a c k ly, 20
r att s! 14 rights principles and due process.” (United Nations Prison Incident Management
f fi ce ye a r
o n o tw o Handbook, 2013: 21-22)
Pr is i n
4 5 % 14
ros e r il, 2 0
6A p
1
Key challenge: Implementing human rights
The Nelson Mandela Rules
1955 Standard Minimum Rules for the 17 December 2015
Treatment of Prisoners Checklist for all prisons
(UNODC, 2017)
Principles of Medical Ethics relevant to the Role of
1982
Health Personnel  Rule 1: All prisoners shall be treated with respect due to their
inherent dignity and value as human beings
1984 Safeguards guaranteeing protection of the rights of  Rule 3: …The prison system shall not… aggravate the suffering
those facing the death penalty inherent in the loss of liberty.
 Rule 13: All accommodation…shall meet requirements of health,
Standard Minimum Rules for the Administration of
1985 Juvenile Justice due regard being paid to climatic conditions and particularly to
(The Beijing Rules) cubic content of air, minimum floor space, lighting, heating and
ventilation.
1988 Body of Principles for the Protection  Rule 35: Discipline and order shall be maintained with no more
of All Persons under Any Form of Detention or restriction than is necessary to ensure safe custody…
Imprisonment  Rule 4: …purposes [of imprisonment] can be achieved only if
Basic Principles for the Treatment of Prisoners
prison of imprisonment is used to ensure… the reintegration of
1990 such persons into society on release.
Rules for the Protection of Juveniles Deprived of their
Liberty  Rule 24: Prisoners should enjoy the same standards of health care
Standard Minimum Rules for Non-Custodial available in the community.
Measures (The Tokyo Rules)  Rule 77: …All prison staff shall at all times so conduct themselves
and perform their duties as to influence the prisoners for good by
Rules for the Treatment of Women Prisoners and their example and to command respect.
2010 Non-custodial Measures for Women Offenders
(The Bangkok Rules)
 Part III:

Towards humane prisons and alternatives sanctions

Rehabilitation in prisons Rule 94 of the Nelson Mandela Rules states that: “As soon as
The essential aim of the treatment of prisoners possible after admission and after of the personality of each prisoner
shall be their “reformation and rehabilitation” with a sentence of suitable length, a programme of treatment shall be
(Article 10.3, ICCPR) prepared for him or her in the light of the knowledge obtained about
his or her individual needs, capacities and dispositions.”

Sentenc
Rule 5(1) of the e plann
ing
Nelson Mandela
Rules states that: Resocialisation
“The prison regime Normalisation and rehabilitation Release
should seek to
minimize any
t i v i ti e s
differences between
c t i v e a c
r u
prison life and life at Const Rule 4(2) of the Nelson Mandela Rules states that: “prison administrations
liberty that tend to and other competent authorities should offer education, vocational training
lessen the and work, as well as other forms of assistance that are appropriate and
responsibility of the available, including those of a remedial, moral, spiritual, social and health-
prisoners or the and sports-based nature. All such programmes, activities and services
respect due to their should be delivered in line with the individual treatment needs of
dignity as human prisoners..”
beings.”
Alternatives to imprisonment
While there is growing recognition of prisoners’ rights, and improving prison conditions around the world, international
standards state that imprisonment should only be used as a last resort and that non-custodial measures should be used
as much as possible.

Decriminalisation

Diversion
Early release
from prison
Alternatives to
imprisonment

Alternatives to pre-trial
Alternatives at
detention
sentencing

Key question:
To what extent can alternatives to imprisonment assist in the process of prison reform?
 More information

@DohaDeclaration [email protected]

unodc.org/dohadeclaration unodc.org/e4J