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Much of the debate arguing that prisoners should be rehabilitated answers the question by claiming that rehabilitating people can benefit society by preventing future crimes. I agree with this claim and affirm it as true. However, I think the case for rehabilitation can be made stronger by showing that prisoners have a right to rehabilitation. If this claim succeeds, then opponents of rehabilitation must explain why it is legitimate to deny prisoners this right.
My argument is that people have a right to not find themselves in a worse position, economically, socially, or psychologically, after their prison sentence. It is common for people to be shunned after their release from prison. It can be hard to shake the label of ‘criminal’, despite having served their time. I think this attitude is mistaken. After a person has served their time and been released, they should have the opportunity to reintegrate with society and live purposeful lives.
One key advocate of this position is Egardo Rotman. Rotman has argued that just as the state has a right to punish individuals for wrongdoing, the individual has a right not to be made worse off by the effects of the punishment (Rotman, 1990, 184). However, the reality is that people are frequently made worse off by their punishments. One way, amongst others, this happens is how for many, having a criminal conviction is a barrier to leading a law-abiding life on release. In 2016, only one in four prisoners (27%) had a job to go to after release. One in five employers (19%) said they exclude or they were likely to exclude prisoners from the recruitment process (Prison Reform Trust, 2017, 16). The result of this is that even after serving their punishment in prison, people are still being debilitated.
From the above point, it seems imprisoning people is making people worse off after their punishment should have ended. We must ask ourselves, is it fair if an offender who has served their time is not able to move on with their life? From this, I think there is a moral requirement for the state to counteract the disabling effects of punishment and to provide rehabilitation, as a right, to offenders. Essentially, as the state is harming people by imprisoning them, it has a responsibility to counteract the harmful results that the punishment brings.
One worthwhile model of rehabilitation is ‘humanistic rehabilitation’. This model affirms the principle of prisoners as possessors of rights. The importance of this principle is that this legal status gives prisoners a sense of self-worth and trust in the legal system. An issue with our current system is that prisoners often feel alienated from society and hold resentment towards the outside world. Rotman argues embracing this model of rights-based rehabilitation favours the prospect of “self-command and responsible action within society” (Rotman, 1986, 1026). Following Rotman’s view, I believe this type of rehabilitation can be achieved through providing relevant psychological care, education, vocational training, and purposeful work. By purposeful work, I mean work that requires some skills that will be a stepping stone to allow prisoners to pursue full-time employment in a similar field upon release. Not menial work that only succeeds in making the prospect of full-time employment unappealing, like untangling headphones or packing plastic spoons (The Guardian, 2009).
Here, I will note that the Universal Declaration of Human Rights affirms all people have the right to work and education. Additionally, prisoners in the UK are entitled to the same healthcare individuals in the community receive, including mental health care. As this form of rehabilitation largely takes the form of education, work, and appropriate psychological treatment, the opponent of rehabilitating prisoners must explain why these rights should be removed from people in prison. I think there is no sound basis for removing these rights from prisoners. It is clear some rights can justifiably be removed from people. For example, the right to liberty can be removed for the justifiable reason of protecting the public from an individual and to protect the individual from vigilante reprisals. However, there is no justification for removing the rights to work and education that individuals enjoy before they are imprisoned. It would have no good end. Therefore, it can be shown that prisoners have the right to be rehabilitated.
Of course, the costs of the resources to achieve meaningful rehabilitation will be expensive. This approach will receive opposition from a public and political opinion that is generally punitive and other services across the country are strained. However, I would argue that this view is short-sighted. Whilst rehabilitating offenders is expensive in the short-term, if it is effective and crime goes down and communities get safer, then the cost has justifiable ends.
Ultimately, my argument is that prisoners have a right that entails that useful services should be provided, where appropriate and practically possible, to counteract the debilitating effects of prison. It is a case of justice that if prison makes people worse off, then the state is required to provide rehabilitation to counteract this. Prisoners are not sentenced to idleness, it is not necessary nor desirable. Instead, people’s time inside should be spent meaningfully, to allow them to reintegrate with society upon release.
Allison, E. (2009). A fair day’s prison work? | Eric Allison. [online] The Guardian. Available at: https://www.theguardian.com/society/joepublic/2009/sep/09/prison-work-exploitation.
Prison Reform Trust (2017). Prison: The Facts. Bromley Briefings Summer 2017. [online] London: Bromley Trust, pp.4-16. Available at: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Bromley%20Briefings/Summer%202017%20factfile.pdf [Accessed 9 Dec. 2017].
Rotman, E. (1986). Do Criminal Offenders Have a Constitutional Right to Rehabilitation?. The Journal of Criminal Law and Criminology (1973-), [online] 77(4), p.1023. Available at: https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.co.uk/&httpsredir=1&article=6540&context=jclc [Accessed 10 Dec. 2017].
Rotman, E. (1990). Beyond Punishment. 1st ed. New York: Greenwood Press, p.184.
Mr David TC Davies (Twitter @DavidTCDavies), Conservative MP for Monmouth and chair of the Welsh Affairs Committee, has launched an inquiry into prison provision in Wales. At the moment, there are no facilities for women yet there are proposals for another “Titan” prison in South Wales at Baglan.
Let’s look briefly at the record
HMP Swansea, HMP Parc and HMP Cardiff rank amongst the worst prisons in the UK.
All have serious problems with prisoner-on-prisoner assaults, suicides, overcrowding and drugs. Here are some statistics:
Swansea: 80% of prisoners are in overcrowded cells. On arrival at the prison 53% have a drug problem and 32% have an alcohol problem.
Parc: this prison is ranked 111th place out of 117 in England and Wales. In 2017 there were 881 prisoner-on-prisoner assaults and 1451 incidents of self-harm.
Cardiff: 64.5% of prisoners are in overcrowded cells. There were 220 prisoner-on-prisoner assaults in 2017.
Usk/Prescoed: There is no full-time health care provision at either prison, concern by IMB of frequency of ‘lie downs’
If South Wales is serious about a new super prison it should first take a long look at what’s happened in North Wales:
Berwyn, the flagship of the MoJ which opened in February 2017.
Despite being Europe’s second biggest prison, with a capacity of more than 2,100, up to July of last year the £212m facility was less than a quarter full – with just over 500 inmates being catered for. By November there were 800 men.
Digging a little deeper, we find:
- HMP Berwyn received 319 complaints from prisoners February to September 2017.
- There were 219 complaints about the living quarters in the first seven months and 31 complaints about the quality of the food.
- There were 4 complaints about prisoner-on-prisoner violence or assault compared to 50 lodged by prisoners alleging abuse or assault by prison officers.
- Five of the alleged assaults were passed to North Wales Police for investigation, no action was taken over any of them.
- Ministry of Justice revealed that 376 items were confiscated from prisoners between its opening in February and October last year.
- 30 unspecified weapons, 56 items relating to drug paraphernalia and 34 mobile phones were among the items found in the possession of prisoners.
- Other items confiscated include 21 debt list items, 66 lighters, 17 USBs, 26 vaping objects and 10 chargers.
- There were also a number of items described as “miscellaneous” that were confiscated by prison officers.
So, whether prisons are new, old, Victorian, large, average size, have highly respected Governors or frankly those that should not be there (believe me I’ve met both!), it makes no difference as they all have similar issues to contend with:
Overcrowded. Understaffed. Underfunded.
To alleviate this prison crisis, we need fresh approaches in order to:
REDUCE the population: send fewer people to prison for non-violent offences
INCREASE the use of community orders
CUT the number of recalls
DEAL with indefinite sentences IPP’s convert to fixed length sentences?
FACILITATE prison release, therefore reduce self-inflicted deaths and reduce self-harm
REFORM prison estate and ensure all facilities are decent
SHARE best practice
INVEST in the long term and DELIVER in the short term
ADD more mental health facilities
The list can be endless and will depend on whether we see the purpose of prison as punishment, rehabilitation, both of these or a form of social cleansing.
Only last September, Lord McNally said in the House of Lords debate on prison overcrowding:
“We therefore have to understand the debate today which will be overwhelming in favour of sensible reform still has to pass that test of how we get a Secretary of State, a Prisons Minister and a Prime Minister who are willing to drive through reforms”
But that’s not the end of the story
We need a change in public attitude and that can only come from being informed and educated and not continually having issues covered up and hidden, the brushing under the carpet syndrome. There must be transparency.
We then need investment in life after prison in the provision of a home, a place of work, training or education and a reduction of the stigma in having a criminal record.
Reading this book is like listening to myself as Richard writes like I think!
This is a compilation of journeys of many people within a prison environment with a reoccurring theme, the truth about prisons. Truth can be hard to swallow, it can be hidden, but it’s there if we take the time to find it.
I know that speaking the truth can come at a personal cost.
Truth also hurts. But should we ignore it, should we cover it up? No, certainly not.
Walking into a prison is like opening that door C.S. Lewis wrote about and entering another world. A world without the same rules regulations or expectations. To start with its rather strange, almost intriguing and no day is ever the same. Conversations are limited, people are watching you and waiting for you to make a mistake as you are expected to know the rules, but when they are unwritten how can you? It’s like you walk into someone else’s life
When you start reading this book you open in your mind that wardrobe door. If you have never visited a prison you begin to visualise what really happens, who lives and works there. Most importantly you begin to wonder what are the benefits? What is its purpose? And just Why?
Questioning the stories, the anecdotes, the nitty gritty of prison life changes you. Once you open that door there is no going back. From then on, the reader cannot say “I never knew” as you have just begun to learn and hopefully understand about prison.
I seem to be making a habit of this; on Wednesday 16th March I attended the Justice Select Committee for the third time, again listening to the Rt Hon Michael Gove MP being questioned by a team of MP’s.
I sat behind Mr Gove and watched as he interacted with the committee. The meeting can be accessed from this link: http://parliamentlive.tv/Event/Index/e67772ca-8c75-4112-853a-0fbd80688389
The first question he was asked was “How would you encapsulate the overall purpose of the thrust of the Government’s prison policy”? Michael Gove replied “In a sentence, it is about turning prisoners from liabilities into assets”. Interesting use of language I thought.
He continued by stating that…”the critical thing is to make sure that during their time in prison there is purposeful activity…” I have come across some excellent forms of purposeful activity but to be honest there just isn’t enough going on. Is it all down to money? If millions can be found to build new prisons then surely purposeful activity has to be included.
The stories coming out of many of the prisons in England and Wales are appalling, locked up at least 22 hours a day, rat infested are but a few I have read this week.
When will we see real progress?
The most successful custodial establishment according to Nick Hardwick former chief inspector of prisons was the Military Corrective Training Centre (MCTC) in Colchester. However, in October 2015 there were 35 being held at the MCTC, hardly an example to compare. The ratio of staff to detainees is far higher than within the prison estate which is surely a factor along with greater governor autonomy that contributes to its success. I have visited it and was impressed by the order, cleanliness and regime. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/484448/Detainees_Military_Corrective_Training_Centre_Colchester.pdf
But how do you really measure success?
Michael Gove gave an example of Bronzefield prison as being a very successful female prison, yet this week one of the main stories I have read is about staff giving out sleeping bags to women released with no accommodation. It doesn’t add up!
I want to read more success stories, see real progress and watch as these “liabilities are turned into assets”
Today I read volunteering is good for your health as you tend to visit the doctor less!
This may be the case and I should know, I have worked as a volunteer for over 20 years and in the Justice sector for over 3 years
A big misconception is that a volunteer just makes tea!
After going to University as a mature student I received a BSc (Hons) in Criminology in Nov 2011. I then spent a year working with my local CAB and completed the course to become a Gateway Assessor as I was told you need to have voluntary work on your CV especially if you have changed direction. This was a real eye opener to the needs of people. After answering an advert in the paper to join the Independent Monitoring Board at HMP/YOI Hollesley Bay in 2013, I started on a very interesting journey. I am now the Chairman.
Apart from the IMB, I have been a group leader for Prison Fellowship England and Wales since 2012 involving managing a small team, all volunteers that deliver the Sycamore Tree victim awareness course in prisons. Meeting monthly and also speaking at various clubs, groups and churches on Restorative Justice and the work I do in prison. I have also been on the Steering Group for the Reclaim Justice Network for over 3 years, attending meetings, AGM’s and supporting events when I am able.
In addition I am a member of the Centre for Crime and Justice Studies (CCJS) and the Howard League. I have been invited to visit many prisons and events in the Justice sector and have been an observer at the Justice Select Committee. I have lost count of the number of conferences, lectures, wine receptions and exhibitions I have attended as I try and keep informed. I write a blog and am known on twitter!
I am passionate about wanting change within the prisons, purposeful activity and education are but a few of changes needed. I try to encourage those in prison and those that have been released.
But all of this is as a volunteer.
I have applied for many jobs since graduating but there have been two main problems. The first being the idea that volunteers make the tea and don’t have real input and so can be a bit clueless. The second being I cannot find a more interesting and at times rewarding line of work. I’m not someone to sit in front of a computer on a daily basis. My work is varied and I enjoy the interaction with prisoners, Governors, staff, my team and my many contacts. I like to be organised and punctual. I like tea, but don’t sit around drinking it all day.
Volunteering is rewarding, I recommend it as it’s an essential part of society but I’m ready for a change…!