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Journal articles on the topic 'Auburn State Prison – New York'

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Published: 4 June 2021

Last updated: 20 February 2023

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1

Greifinger, Robert B., Nancy J. Heywood, and Jordan B. Glaser. "Tuberculosis in Prison: Balancing Justice and Public Health." Journal of Law, Medicine & Ethics 21, no. 3-4 (1993): 332–41. http://dx.doi.org/10.1111/j.1748-720x.1993.tb01258.x.

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During the mid-nineteenth century the annual tuberculosis (TB) mortality in the penitentiaries at Auburn, N.Y., Boston, and Philadelphia exceeded 10 percent of the inmate population. At the beginning of the sanatorium era, 80 percent of the prison deaths were attributed to TB. As the mountain air was “commonly known” to be healthful, the first prison sanatorium was opened in the mountains near Dannemora, N.Y. in 1904. It served to isolate contagious prison inmates until the advent of effective chemotherapy for the disease in the 1950’s. Early antibiotic therapy for TB was such a great success that the public health aspects of TB in prisons remained dormant for the next 40 years.In 1991, a correctional officer from Auburn Correctional Facility in Auburn, New York died as a result of multidrug-resistant TB. He had been posted to care for hospitalized patients, from whom he acquired his disease. This death, and the transmission of TB infection to health care workers in the same hospital, brought the nature and extent of modern inmate medical care into finer focus.

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2

EICHENTHAL, DAVID R., and LAUREL BLATCHFORD. "Prison Crime in New York State." Prison Journal 77, no. 4 (December 1997): 456–66. http://dx.doi.org/10.1177/0032855597077004005.

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The lack of attention devoted to crimes committed in prisons is striking given the important implications of the problem both for prison management and for public safety. This study examines reporting of crimes, referrals for prosecution and actual prosecution of crimes committed in New York State prisons. The authors find that there is no accurate means of tracking either prison crimes or prosecutions. But based on interviews, a review of state correctional department data, and a survey of prosecutors in more than one dozen counties where state prisons are located, they conclude that as many as 6,000 crimes may be committed annually in the New York State prison system. Yet few of these crimes are referred for prosecution or actually prosecuted.

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3

Tahamont, Sarah, Shi Yan, Shawn D. Bushway, and Jing Liu. "Pathways to Prison in New York State." Criminology & Public Policy 14, no. 3 (July 27, 2015): 431–53. http://dx.doi.org/10.1111/1745-9133.12136.

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4

Nash, Jonathan. "“The Prison Has Failed”: The New York State Prison, In the City of New York, 1797–1828." New York History 98, no. 1 (2017): 71–89. http://dx.doi.org/10.1353/nyh.2017.0038.

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5

Seltenreich, Radim. "Filosofie zločinu a trestu – vybrané aspekty amerického trestního práva v 19. století se zvláštním zřetelem k problematice vězeňství." PRÁVNĚHISTORICKÉ STUDIE 52, no. 2 (September 15, 2022): 137–49. http://dx.doi.org/10.14712/2464689x.2022.24.

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In his article, the author discusses the development of American criminal law in the 19th century, with the focus on prison issues. In this context, he also recalls the views of the French thinker Michel Foucault on this topic expressed in his now classic work “Discipline and Punish”. In order to provide the necessary context, this section is preceded by a brief outline of the development of American criminal law since its colonial beginnings. Then, as far as the prison system itself in the newly founded United States of America is concerned, the author highlights two different approaches to prisoners that were applied in the jail houses Eastern Penitentiary in Pennsylvania and Auburn Prison in New York. He also focuses on the economic side of the issue, whereas part of the text aims to analyse the phenomenon of the “convict lease system” as practised particularly in the American South. Finally, he concludes his article by mentioning other attempts to reform the prison system in the second half of the 19th century.

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6

Steenland, K., A. J. Levine, K. Sieber, P. Schulte, and D. Aziz. "Incidence of tuberculosis infection among New York State prison employees." American Journal of Public Health 87, no. 12 (December 1997): 2012–14. http://dx.doi.org/10.2105/ajph.87.12.2012.

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7

LACHANCE-McCULLOUGH, MALCOLM L., JAMES M. TESORIERO, MARTIN D. SORIN, and ANDREW STERN. "HIV Infection among New York State Female Inmates: Preliminary Results of a Voluntary Counseling and Testing Program." Prison Journal 74, no. 2 (June 1994): 198–219. http://dx.doi.org/10.1177/0032855594074002004.

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New York State's prison population has the highest seroprevalence of human immunodeficiency virus (HIV) among incarcerated populations in the United States. Five percent of the State prison inmate population is female. To date there have been few studies of incarcerated females in New York State (NYS). Seroprevalence rates have ranged from 18.9% to as high as 29%. In 1991, counselors from the New York State Department of Health (NYSDOH) AIDS Institute's Criminal Justice Initiative, in collaboration with the State's Department of Correctional Services (NYSDOCS), began to offer educational services and anonymous pretest counseling, HIV antibody testing, and posttest counseling to NYS female prisoners. With preliminary program testing data (N = 216) descriptive and multivariate techniques are used to evaluate the demographic and risk-related behaviors associated with HIV infection among female inmates in this voluntary HIV testing program. Results are discussed in light of previous research findings regarding the correlates of HIV seropositivity among New York State prison inmates and compared to previous blinded epidemiological studies of female inmates in the State. Future research, addressing the limitations of this preliminary study, is proposed.

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8

Beck, John A. "Compassionate Release from New York State Prisons: Why are So Few Getting Out?" Journal of Law, Medicine & Ethics 27, no. 3 (1999): 216–33. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01455.x.

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It is inevitable that some inmates in large state prison systems will suffer from terminal conditions and die while incarcerated. But how those inmates experience that event is primarily controlled by correctional policies and by the prison medical and correctional staff assigned to their care. Compassion for inmates who are dying cannot be legislated or mandated, but humane and compassionate care for the dying can be facilitated or thwarted by legislative and correctional policies, and by the manner in which correctional personnel interpret those policies.Death in New York State prisons is a frequent event, occurring at a rate substantially higher than that in most other states. With a prison population that has risen to 70,000 inmates and with the nation’s highest rate of human immunodeficiency virus (HIV) infection, more than 2,817 inmates died in New York prisons during the period 1990-1998. In April 1992, in the face of an ever-increasing death rate in its prisons, the New York State legislature passed the Medical Parole Law, a measure designed to permit dying inmates to be released on parole prior to their normal release eligibility date.

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9

Sobecki, Tomasz. "Proceedings relating to the disciplinary liability of prisoners in the state of New York." Opolskie Studia Administracyjno-Prawne 18, no. 4 (February 23, 2021): 107–22. http://dx.doi.org/10.25167/osap.3434.

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Prison disciplinary actions constitute one of the essential and – at the same time – necessary elements of penitentiary proceedings, which serve to ensure order and institutional security. When they are undertaken and conducted in a reasonable and moderate, and especially fair manner, then these activities not only protect the health, safety and security of all people participating in prison life, but also constitute a positive factor in the process of rehabilitation of prisoners. The article presents the rules of disciplinary proceedings in the State of New York.

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10

Lanier, C. S. "Dimensions of Father-Child Interaction in a New York State Prison Population." Journal of Offender Rehabilitation 16, no. 3-4 (June 12, 1991): 27–42. http://dx.doi.org/10.1300/j076v16n03_02.

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11

Valway, S. E., R. B. Greifinger, M. Papania, J. O. Kilburn, C. Woodley, G. T. DiFerdinando, and S. W. Dooley. "Multidrug-Resistant Tuberculosis in the New York State Prison System, 1990-1991." Journal of Infectious Diseases 170, no. 1 (July 1, 1994): 151–56. http://dx.doi.org/10.1093/infdis/170.1.151.

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12

Gebbie, Kristine M., Roland M. Larkin, Susan J. Klein, Lester Wright, James Satriano, John J. Culkin, and Barbara S. Devore. "Improving Access to Mental Health Services for New York State Prison Inmates." Journal of Correctional Health Care 14, no. 2 (April 1, 2008): 122–35. http://dx.doi.org/10.1177/1078345807313875.

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13

Morrell, Andrea. "“Municipal Welfare” and the Neoliberal Prison Town: The Political Economy of Prison Closures in New York State." North American Dialogue 15, no. 2 (October 2012): 43–49. http://dx.doi.org/10.1111/j.1556-4819.2012.01052.x.

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14

Valway, Sarah E., Sonia B. Richards, Joan Kovacovich, Robert B. Greifinger, Jack T. Crawford, and Samuel W. Dooley. "Outbreak of Multi-Drug-resistant Tuberculosis in a New York State Prison, 1991." American Journal of Epidemiology 140, no. 2 (July 15, 1994): 113–22. http://dx.doi.org/10.1093/oxfordjournals.aje.a117222.

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15

Morrell, Andrea. "Policing the Carceral State: Prisons and Panic in an Upstate New York Prison Town." Transforming Anthropology 26, no. 1 (March 25, 2018): 50–62. http://dx.doi.org/10.1111/traa.12118.

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16

Way, Bruce B., Donald A. Sawyer, Sharen Barboza, and Robin Nash. "Inmate Suicide and Time Spent in Special Disciplinary Housing in New York State Prison." Psychiatric Services 58, no. 4 (April 2007): 558–60. http://dx.doi.org/10.1176/ps.2007.58.4.558.

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17

MacDonald, Scott. "The Landscape of Futurelessness: An Interview with Brett Story." Film Quarterly 72, no. 1 (2018): 50–57. http://dx.doi.org/10.1525/fq.2018.72.1.50.

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Canadian Brett Story's most recent film, The Prison in Twelve Landscapes (2016), explores the American prison system, as well as the traditional sense of “landscape,” in an unusual way: except for the film's final shot, a drive-by of Attica State Prison nestled in the countryside of west-central New York State, we see no prisoners and no prison buildings—and few spaces we could call landscapes. Story's panoramic film reveals the multitude of ways in which the prison system is hidden in plain sight throughout the United States. In Scott MacDonald's interview with Story, the filmmaker explains the film's unusual approach and structure—as well as the struggle involved in getting the film made. Story's modest budget is the ultimate irony of The Prison in Twelve Landscapes, given the fact that the American prison system is the world's most extensive, and no doubt most expensive, system of incarceration on the planet.

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18

Patterson, Evelyn J. "The Dose–Response of Time Served in Prison on Mortality: New York State, 1989–2003." American Journal of Public Health 103, no. 3 (March 2013): 523–28. http://dx.doi.org/10.2105/ajph.2012.301148.

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19

Coughlin, Thomas A. "Problems and Challenges Posed By Long-Term Offenders in the New York State Prison System." Prison Journal 70, no. 1 (April 1990): 115–18. http://dx.doi.org/10.1177/003288559007000113.

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20

Eisenberg-Guyot, Nadja, and Kitty Rotolo. "A Trans Way of Seeing." GLQ: A Journal of Lesbian and Gay Studies 28, no. 2 (April 1, 2022): 277–88. http://dx.doi.org/10.1215/10642684-9608189.

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Abstract This autoethnographic piece, cowritten through letters exchanged between Kitty Rotolo, currently incarcerated in New York State, and Nadja Eisenberg-Guyot, an abolitionist organizer and graduate student in New York City, explores elaborations of trans identity, affinity, and community across prison walls. Reflecting on the authors’ friendship and the possibilities for mutual recognition that queer kinship has afforded them—even across the distance and disposability produced by incarceration—these letters reveal transness as a practice of seeing. Through letter writing and storytelling, the authors explore how Rotolo has negotiated incarceration in men's prisons, including the transphobic violence of prison, in order to articulate and live transness—as individual identity, as resistance, as affinity, as collectivity, and as practice—inside.

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21

Boudin, Kathy, Judith Clark, Michelle Fine, Elizabeth Isaacs, Michelle Daniel Jones, Melissa Mahabir, Kate Mogulescu, et al. "Movement-Based Participatory Inquiry: The Multi-Voiced Story of the Survivors Justice Project." Social Sciences 11, no. 3 (March 15, 2022): 129. http://dx.doi.org/10.3390/socsci11030129.

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We write as the Survivors Justice Project (SJP), a legal/organizing/social work/research collective born in the aftermath of the 2019 passage of the New York State Domestic Violence Survivors Justice Act (DVSJA), a law that allows judges to re-sentence survivors of domestic violence currently in prison and to grant shorter terms or program alternatives to survivors upon their initial sentencing. Our work braids litigation, social research, advocacy, organizing, popular education, professional development for the legal and social work communities, and support for women in prison going through the DVSJA process and those recently released. We are organized to theorize and co-produce new knowledges about the gendered and racialized violence of the carceral state and, more specifically, to support women currently serving time in New York State to access/understand the law, submit petitions, and hopefully be freed. In this article we review our collective work engaged through research and action, bridging higher education and movements for decarceration through racial/gender/economic justice, and venture into three aspects of our praxis: epistemic justice in our internal dynamics; accountabilities and deep commitments to women still incarcerated and those recently released, even and especially during COVID-19; and delicate solidarities, exploring external relations with policy makers, judges, defense attorneys, advocates, and prosecutors in New York State, other states, and internationally.

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22

Mooney, Jayne, and Jarrod Shanahan. "Rikers Island: The Failure of a “Model” Penitentiary." Prison Journal 100, no. 6 (November 2, 2020): 687–708. http://dx.doi.org/10.1177/0032885520968238.

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New York City’s Rikers jail complex is gripped by a crisis of legitimacy. Following a series of investigations, it has been denounced as a major symbol of criminal justice dysfunction, with calls for its closure and replacement with new smaller “state of the art” jails. Yet, when it opened, Rikers was hailed as a “model” facility, at the cutting edge of prison design and prisoner rehabilitation. To elucidate the present situation, we provide a focus on the under-explored history of New York City’s penal institutions.

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23

Way, Bruce B., Donald A. Sawyer, Stephanie N. Lilly, Catherine Moffitt, and Barbara J. Stapholz. "Characteristics of Inmates Who Received a Diagnosis of Serious Mental Illness Upon Entry to New York State Prison." Psychiatric Services 59, no. 11 (November 2008): 1335–37. http://dx.doi.org/10.1176/ps.2008.59.11.1335.

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24

Lawrence, James E. "Book Review: Breaking the Walls of Silence: AIDS and Women in a New York State Maximum-Security Prison." Prison Journal 82, no. 1 (March 2002): 125–28. http://dx.doi.org/10.1177/003288550208200108.

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25

Anderson, Heather, and Charlotte Bedford. "Prisoner radio as an abolitionist tool: A scholactivist reflection." Journal of Alternative & Community Media 6, no. 1 (April 1, 2021): 55–68. http://dx.doi.org/10.1386/joacm_00093_1.

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Prisoner and prison radio – audio production and broadcasting that services prisoner and prison communities – has existed in a variety of forms in a diverse range of countries for over 30 years and has recently seen a surge in popularity and awareness. At the same time, the prison abolition movement has also gained momentum and visibility, after an equally long presence and history. Recently in the United States, the New York City Council voted to close Rikers Island by 2026 in response to community campaigning driven by an abolition agenda. Likewise, the Black Lives Matter movement has introduced an abolitionist discourse (especially around defunding police services) to the mainstream vernacular. This article considers the relationships between broadcasters/audiences and the State – embodied through government departments responsible for managing the incarceration of its citizens, and how these impact on prisoner radio’s capacity to act as an agent of change. To do so, we take a scholactivist approach to critically reflect on our experiences as prisoner radio practitioners and researchers and consider the potentials for prisoner radio to either support or hinder a prison abolition agenda. Can the genre contribute to the prison abolition movement when it often requires the support of the prison-industrial complex to exist?

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26

BEFUS, M., D. V. MUKHERJEE, C. T. A. HERZIG, F. D. LOWY, and E. LARSON. "Correspondence analysis to evaluate the transmission ofStaphylococcus aureusstrains in two New York State maximum-security prisons." Epidemiology and Infection 145, no. 10 (May 16, 2017): 2161–65. http://dx.doi.org/10.1017/s0950268817000942.

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SUMMARYPrisons/jails are thought to amplify the transmission ofStaphylococcus aureus(SA) particularly methicillin-resistant SA infection and colonisation. Two independently pooled cross-sectional samples of detainees being admitted or discharged from two New York State maximum-security prisons were used to explore this concept. Private interviews of participants were conducted, during which the anterior nares and oropharynx were sampled and assessed for SA colonisation. Log-binomial regression and correspondence analysis (CA) were used to evaluate the prevalence of colonisation at entry as compared with discharge. Approximately 51% of admitted (N= 404) and 41% of discharged (N= 439) female detainees were colonised with SA. Among males, 59% of those admitted (N= 427) and 49% of those discharged (N= 393) were colonised. Females had a statistically significant higher prevalence (1·26:P= 0·003) whereas males showed no significant difference (1·06;P= 0·003) in SA prevalence between entry and discharge. CA demonstrated that some strains, such asspatypes t571 and t002, might have an affinity for certain mucosal sites. Contrary to our hypothesis, the prison setting did not amplify SA transmission, and CA proved to be a useful tool in describing the population structure of strains according to time and/or mucosal site.

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27

Spunt, Barry, Paul Goldstein, Henry Brownstein, Michael Fendrich, and Sandra Langley. "Alcohol and Homicide: Interviews with Prison Inmates." Journal of Drug Issues 24, no. 1 (January 1994): 143–63. http://dx.doi.org/10.1177/002204269402400108.

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In 1989 and 1990 interviews were conducted with 268 homicide offenders incarcerated in New York State correctional facilities for homicides that occurred in 1984. The primary purpose of these interviews was to obtain the offenders' own perspectives as to the drug relatedness of these homicides. In this article we report on data obtained during these interviews focusing on the relationship between alcohol and homicide. We show how interviews with prison inmates overcome some of the problems that exist with studies of the alcohol-homicide connection that rely on official record data. Among our findings are that 19% of the homicides were reported to be related to alcohol use, that the majority of these cases involved arguments or disputes, and that in about half of these cases the respondent was high on at least one other substance. We also examine the “alcohol-related” cases from the perspective of a tripartite conceptual framework that specifies the variety of ways that drugs and violence can be related. The methodological and policy implications of our findings are also discussed.

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28

Goodman, Don, and Maggie Smith. "An Interview with Eddie Ellis." Humanity & Society 22, no. 1 (February 1998): 98–111. http://dx.doi.org/10.1177/016059769802200107.

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Edwin (Eddie) Ellis is President of the Community Justice Center, Inc., an anti-crime research, education, and advocacy organization located on 125th Street in Harlem, New York. A target of the FBI's Counter Intelligence Program (COINTELPRO) for his Black Panther Party activities, Ellis served 25 years in various New York State prisons. While he was in prison, he earned a Masters degree from New York Theological Seminary, a Bachelor's from Marist College and a paralegal degree from Sullivan County Community College. Widely recognized as a writer, lecturer, and community activist, Ellis is credited with the successful public dissemination of the research findings of the Think Tank, a group of prisoners from Greenhaven Correction Facility which established that 75% of the prisoners in New York State come from seven neighborhoods in New York City. Eddie Ellis is a fellow of the Bunche Dubois Institute for Public Policy at Medgar Evers College/CUNY, serves on the Board of Directors of Center for Law and Justice in Albany, NY, is a member of the Drug Policy Task Force, The Vera Institute IRB, and the National Criminal Justice Commission. This interview took place in the offices of the Community Justice Center on August 6, 1997.

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29

Collica-Cox, Kimberly. "Female Offenders, HIV Peer Programs, and Attachment: The Importance of Prison-Based Civilian Staff in Creating Opportunities to Cultivate Prosocial Behaviors." International Journal of Offender Therapy and Comparative Criminology 62, no. 2 (May 23, 2016): 524–50. http://dx.doi.org/10.1177/0306624x16650680.

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As women commit to a conventional lifestyle, the bond of attachment becomes a fundamental component in sustaining the desistance process. If weak attachments in the community cannot be replaced or enhanced with the cultivation of strong conventional attachments while incarcerated, female offenders will leave prison without a supportive network. Strong social networks and a high level of social capital are essential for female offenders to reintegrate successfully; if social bonds are constructed before release, there is a greater chance of maintaining a crime-free lifestyle. One way to cultivate strong bonds of attachment during incarceration is through prison-based programming. This qualitative study, based on the narratives of 49 female offenders, examines the potential for inmates to form prosocial attachments with staff in two HIV prison-based peer programs in New York State. Strong attachments were formed between the inmates and civilian staff during incarceration, maintained upon release, and served to reinforce the establishment of bourgeoning conventional identities. The dedication and commitment of the civilian staff, and the support they provided to the inmates, was essential to achieving both rehabilitative and reintegrative goals.

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30

Reingold, Colin. "Pretextual Sanctions, Contempt, and the Practical Limits of Bearden-Based Debtors' Prison Litigation." Michigan Journal of Race & Law, no. 21.2 (2016): 361. http://dx.doi.org/10.36643/mjrl.21.2.pretextual.

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At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways that a savvy anti-defendant judge could insulate herself from corrective litigation, evade effective judicial oversight, and essentially perpetuate current debtors’ prisons by using pretextual sanctions and contempt orders to circumvent Bearden v. Georgia indigency determinations.

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31

Jacobs, Aaron. "Qualified Immunity: State Power, Vigilantism and the History of Racial Violence." Journal of the Gilded Age and Progressive Era 20, no. 4 (October 2021): 553–57. http://dx.doi.org/10.1017/s1537781421000426.

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Since the historic uprisings sparked by the murder of George Floyd, growing calls to defund the police have upended mainstream political discourse in the United States. Outrage at appalling evidence of rampant police brutality and an entrenched culture of impunity have moved to the very center of public debate what were until recently dismissed as radical demands. This dramatic shift has, among other things, opened up space for discussion of the history of policing and the prison-industrial complex more broadly. In particular, abolitionists have urged examination of the deep roots of our contemporary situation. As the organizer and educator Mariame Kaba argued in an editorial published in The New York Times, “There is not a single era in United States history in which the police were not a force of violence against black people.”1 That a statement like this would appear in the paper of record reflects a paradigm shift in popular understandings of the history of the criminal legal system.

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32

Lamotte, Martin. "The Ñeta law, the Ñeta world: Ethics and imaginaries in circulation between the South Bronx, Barcelona and Guayaquil." Current Sociology 65, no. 2 (September 22, 2016): 302–14. http://dx.doi.org/10.1177/0011392116657300.

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The Asociación Los Ñetas was born in the prison system of Puerto Rico in the 1980s. Following different waves of immigration, the group circulated and developed in New York, Guayaquil (Ecuador) and Barcelona (Spain). Los Ñetas have put in place a complex internal legal framework with sets of rules and sanctions. The aim of this article is to understand how Ñeta law and state law interact. The main argument is that the dichotomization between the formal and the informal teaches us little about this interaction because it rests on a narrow definition of what constitutes law. Rather, one should emphasize how the Ñeta law constitutes an ethical framework.

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33

Bunger, Amy. "Founding the Criminal Law: Punishment and Political Thought in the Origins of America. By Ronald J. Pestritto. Dekalb: Northern Illinois University Press, 2000. 191p. $36.00." American Political Science Review 95, no. 2 (June 2001): 483–84. http://dx.doi.org/10.1017/s0003055401452026.

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Political theory reminds us that punishment is a fundamentally political action, an exercise of political power. This book is about penal reform and the philosophy of punishment as both were debated in postrevolutionary America. Pestritto combs through original writings of the founders and state constitutions in an effort to elucidate leading philosophies about the purpose of the criminal law and punishment. At a macro level, the book provides a window into how the American system, in Pestritto's venues of Pennsylvania, New York, and Virginia, mediates between the tensions of the preservation of individual liberty and maintenance of public order. The book attempts to bridge the historical gap from our founding to current issues in sentencing, such as the three-strikes rule, determinate or mandatory sentencing laws, and state experimentation in marrying sentences to available prison space, or the cost of incapacitation. Pestritto's greatest contribution is to mine new material in these historical conversations on punishment, which allows them to be heard in our contemporary debates.

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34

Albonetti, C. A. "Mothering from the Inside: Parenting in a Women's Prison. By Sandra Enos. State University of New York Press, 2001. 176 pp. Cloth, $48.50 paper, $15.95." Social Forces 80, no. 4 (June 1, 2002): 1413–15. http://dx.doi.org/10.1353/sof.2002.0018.

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35

Little, James. "‘Comparative Liberty’: John Mitchel’s Jail Journal and Austin Reed’s The Life and the Adventures of a Haunted Convict." Irish University Review 52, no. 1 (May 2022): 121–32. http://dx.doi.org/10.3366/iur.2022.0546.

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In Jail Journal (1854), John Mitchel describes receiving a hero’s welcome on his arrival in Brooklyn as an escaped convict on 29 November 1853. That same day, Austin Reed was enjoying one of his rare periods of freedom from New York State penal institutions. Reed’s recently discovered memoir, The Life and the Adventures of a Haunted Convict ( c.1858–9) – the earliest known prison memoir by an African American – uses his experiences of institutional confinement to interrogate the United States’ racialized system of constrained freedoms. By contrast, for Mitchel, freedom means escaping from the metropolitan bustle of the US North to meet fellow slavery advocates in Virginia, an account which is only briefly summarized by the editor of his memoir. Drawing on Orlando Patterson’s tripartite concept of personal, sovereignal and civic freedom, this essay examines the forms of freedom foregrounded in Reed’s and Mitchel’s prison narratives. While Reed focuses on personal freedom, Mitchel is predominantly concerned with sovereignal and civic freedom. By focusing on their common compositional contexts, the essay explores what a comparative approach to institutional confinement can teach us about the concepts of freedom conceptualized in ‘black and green’ zones of cultural contest and interchange (Lloyd and O’Neill 2009).

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36

Collica, Kimberly. "Levels of Knowledge and Risk Perceptions About HIV/AIDS Among Female Inmates in New York State: Can Prison-Based HIV Programs set the Stage for Behavior Change?" Prison Journal 82, no. 1 (March 2002): 101–24. http://dx.doi.org/10.1177/003288550208200107.

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Vasileva, Svetlana A. "The attempt to create «Eden Prison»: the work of Thomas Eddy as the Director of the first state penitentiary of New-York at the turn of XVIII - XIX centuries." Vestnik Tomskogo gosudarstvennogo universiteta. Istoriya, no. 1(39) (February 1, 2016): 61–65. http://dx.doi.org/10.17223/19988613/39/7.

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Kong, Lily. "Religious Schools: For Spirit, (f)or Nation." Environment and Planning D: Society and Space 23, no. 4 (August 2005): 615–31. http://dx.doi.org/10.1068/d394.

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In this paper I draw attention to the study of ‘unofficially sacred’ sites in geographies of religion, which provide significant insights into the construction of religious identity and community, and the intersections of sacred and secular. I show that such sites deserve as much attention as places of worship (the more conventional focus in the geographical study of religion) in our understanding of the place of religion in contemporary urban society. In particular, using the case of Islamic religious schools in Singapore, I examine how Muslim identities and community are negotiated within multicultural and multireligious contexts, and particularly within one in which there is a highly ‘educative’ state [Gramsci, 1971 Selections from the Prison Notebooks of Antonio Gramsci (International Publishers, New York)] that seeks to guide nation formation and the manufacture of consensus, and which strives to achieve a secular, modernist vision of society, characterized by economic progress and development. The specific analysis focuses, first, on the role of the state in the social construction of ‘schools’—particularly the ways in which state-constructed definitions of multiculturalism, multiracialism, multireligiosity, and modernity shape Singapore schools and education. Second, I examine the ways in which religious schools ( madrasahs) are a means by which some Singapore Muslims maintain and enhance their religious life. Further, I analyze state–religion relations, state strategies of nation-building, strategies of identity and community construction among Muslims in Singapore, as well as the fractured nature of the Muslim community by studying the divergent meanings invested in schools by state and religious groups.

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Lerman, Amy E., and Vesla M. Weaver. "Caught: The Prison State and the Lockdown of American Politics. By Marie Gottschalk. Princeton: Princeton University Press, 2014. 496p. $35.00. - The First Civil Right: How Liberals Built Prison America. By Naomi Murakawa. New York: Oxford University Press, 2014. 280p. $99.00 cloth, $24.95 paper." Perspectives on Politics 13, no. 3 (September 2015): 801–5. http://dx.doi.org/10.1017/s1537592715001371.

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Friedman, Lawrence M. "The Deviant Prison: Philadelphia's Eastern State Penitentiary and the Origins of America's Modern Penal System, 1829–1913. By Ashley T. Rubin. Cambridge and New York: Cambridge University Press, 2021. 368 pp. $59.99 hardcover." Law & Society Review 55, no. 3 (July 30, 2021): 532–34. http://dx.doi.org/10.1111/lasr.12569.

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Whitman, Dan. "OUTSMARTING APARTHEID: An Oral History of United States–South Africa Cultural and Educational Exchange, 1960–1999." Oral History Journal of South Africa 2, no. 2 (March 22, 2015): 95–107. http://dx.doi.org/10.25159/2309-5792/11.

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Outsmarting Apartheid is an oral history of educational and cultural exchange programs conducted by the United States Government with citizens of South Africa during the apartheid period. The “OA” collection, published in one volume by the University Press of the State University of New York in April of 2014, conveys the stories of those who administered the programs, as well as those who benefitted, during three troubled decades of South African history. The exchanges involved some 2-3000 participants during a dark period of social unrest and institutionalized injustices. Quietly in the background, U.S. diplomats and their South African colleagues bent rules and stretched limits imposed by the apartheid regime. Collectively they played cat-and-mouse games to outsmart the regime through conniving and bravado. The author’s year as executive director of the Association for Diplomatic Studies and Training (Arlington, Virginia), 2006-07, provided a methodology and archiving structure forming the basis of the interviews, conducted over a two-year period in the United States and South Africa. There was little optimism at the time for South Africa’s political or social future during the 1960-1990 period. After Nelson Mandela’s release from prison in 1990 and during his presidency of 1995-99, the country discovered rich cadres from within, of intellectuals, artists, journalists, scientists, and political leaders prepared to take on the task of constructing the New South Africa. In no small measure, these exchange programs contributed to the quick and sudden realization of suppressed wishes and aspirations for a majority of South Africa’s citizens -- of all ethnic and racial backgrounds.

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Nurhayati, Siti. "Kesetaraan Di Muka Hukum Bagi Penyandang Disabilitas (Analisis Putusan Nomor 28/Pid.B/Pn.Skh/2013)." Realita : Jurnal Penelitian dan Kebudayaan Islam 14, no. 1 (May 21, 2022): 94–110. http://dx.doi.org/10.30762/realita.v14i1.237.

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The right on the same position on the law means that every citizens including disabilities persons have the same change to use their rights regulated by the institution. Indonesia government has signed Convention on the Rights of Persons with Disabilities in March 30, 2007 in New York. That even shows the strong intention of Indonesia country to respect, save, fulfill, and develop the disabilities personsâ€™ right to fulfill the welfare of the disabilities persons. There is a case happened in Sukaharjo in the decision No. 18/Pid.B/PN.SKH/2013 about a crime defeated the disabilities person. This study employed library research design. The finding shows that the judges in the decision Nomor 28/Pid.B/PN.SKH state that the defendant convicted 8 years 6 months. The decision can be used as jurisprudence for other judges in examining the same case in order to avoid criminal disparity. In a further development, the criminal appeals to the High Court in Central Java, and in the High Court, Decision No. 244 / Pid 2013 / P.T.Smg actually strengthens the High Court Decision Sukoharjo with 10 years prison. Based on this decision it should increase the capacity of law enforcement agencies in the fulfillment of the right to a fair trial for persons with disabilities must be done. It aims to introduce the concept of disability to law enforcement officials, provide an understanding of human rights, especially the rights of persons with disabilities to law enforcement officials, as well as provide expertise (skills) to law enforcement authorities on the way and methods to fulfill the accessibility of persons with

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Kwate, Naa Oyo A., and Shatema Threadcraft. "DYING FAST AND DYING SLOW IN BLACK SPACE." Du Bois Review: Social Science Research on Race 14, no. 2 (2017): 535–56. http://dx.doi.org/10.1017/s1742058x17000169.

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AbstractAggressive policing strategies have come under scrutiny for stark racial and ethnic inequities. New York City, home to the United States’ largest police force, was subject to a federal class action lawsuit that culminated in its “Stop, Question and Frisk” policies being ruled unconstitutional. In this paper we argue that Stop and Frisk not only violates constitutional rights, but also constitutes a public health problem. Operating as one process in the death world, Stop and Frisk transforms urban space from a resource to a source of danger; induces perceptual dysfunctions that stymie possibilities for Black engagement with the state and make blackness a metonym for crime and disorder; depletes economic and civic resources; and is embodied, by imprinting on the Black body, physically and mentally. Taken together this policing practice induces stress, fear and trauma, marks the Black body as the proper target for erasure by those who would restore the moral order of the polity, and sets Black lives on a trajectory of debility. Stop and Frisk, whatever its intent, is a necropolitical project. Though Achille Mbembe defined necropolitics as the sovereign determination of who lives and dies, we argue that necropolitical projects need not produce a dead body immediately to function. We extend Mbembe’s concept to include diffuse, environmental factors that scale up from individual encounters to Black communities. Though Foucault’s widely cited analysis sees the prison as central in the management and regulation of populations, we hold that Stop and Frisk has more in common with necropower than with biopower, producing dysfunctional bodies awaiting death.

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Grattet, Ryken. "Prison State: The Challenge of Mass Incarceration. By Bert Useem and Anne Morrison Piehl . New York: Cambridge University Press, 2008. 236 pp. $25.99 paper. The Politics of Imprisonment: How the Democratic Process Shapes the Way America Punishes Offenders." Law & Society Review 45, no. 3 (September 2011): 783–89. http://dx.doi.org/10.1111/j.1540-5893.2011.0451.x.

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Choe, Jung-sun. "The Illusion and Reconstruction of Orientalism in M. Butterfly." Convergence English Language & Literature Association 7, no. 3 (December 31, 2022): 327–51. http://dx.doi.org/10.55986/cell.2022.7.3.327.

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David Henry Hwang, a Chinese American writer active in the late 20th century, worked with an interest in Asian-American race issues. One of the important aspects raised by Asian American writers of the time, including Hwang, was to challenge the ‘typicality’ of Asians, which had been created and sustained by western media such as literature, movies, and theater during the 19th and 20th centuries. Published in 1988, M. Butterfly is based on a true story that is both shocking and moving about the clash of east and west cultures. Hwang wrote this work after reading an article in The New York Times on May 11, 1986 about a spy crime involving a French diplomat. This article was about Bernard Boursicot, a former French diplomat in Beijing who was sentenced for stealing French state secrets to the Chinese government, and Shi Pei-Pu, an actor of the Beijing Opera Company. Interesting about this article was that Shi was a male actor who played a female role professionally, and the diplomat Boursicot claimed that he had no idea that he was a spy or not a woman, even though he had been in love with Shi for 20 years. After reading the article, Hwang concludes that Boursicot must have fallen in love with a typical type of fantasy, not with an individual. Through this assumption, Hwang connects a westerner who is in the illusion of ‘Butterfly’ with Giacomo Puccini's opera Madame Butterfly(1914) and creates M. Butterfly. This drama begins with a scene in which the main character, Rene Gallimard, recalls his love for Song Liling, a Chinese Beijing opera actor, in a French prison. Song, a spy, instills his presence to Gallimard as a fantastic and typical image of an Asian woman in order to achieve his political purpose. In the end, Gallimard ends his life by learning the truth that his lover was a spy and even a man. This drama dismantles each thick layer of imperialist cultural and sexual bias. Furthermore it appeals to have a sincere relationship with each other for mutual welfare on an equal basis shared by everyone as a human being. This paper will examine the author's work of rewriting, focusing on the psychology of Gallimard.

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Kohan, Walter Omar, and Márcio Nicodemos. "Escola, cárcere e pandemia: o que pode uma educação filosófica? (School, prison and pandemic: what can a philosophical education?)." Revista Eletrônica de Educação 15 (March 24, 2021): e4436026. http://dx.doi.org/10.14244/198271994436.

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e4436026This text presents some reflections on the possibilities of a philosophical education in prisons in the current scenario of the actual pandemic in Brazil. To do so, we first consider, in "Pandemic times: are we worse than covid-19, the critical state of the so-called "civilization” that the pandemic has helped to highlight; in a second moment, "Times of prisons: disappearance by the power of hate" we consider the current state of education in prisons in Brazil, the effects on them of the pandemic and the way the Bolsonaro government responded to it; finally, in "Times of school: reappearance by the wisdom of love" we consider the actual state of education in the schools at prisons and what a philosophical education could be in pandemic times: not only a love of wisdom, but a wisdom of love with and for otherness, to, who knows, bring forth politics of life, and with them, freedom, justice and social peace.ResumoO artigo apresenta reflexões sobre as possibilidades de se pensar uma educação filosófica nas escolas no cárcere no atual cenário de pandemia no Brasil. Para isso consideramos, num primeiro momento, em “Tempos de pandemia: nós somos piores que o covid-19?”, o estado crítico da chamada civilização que a pandemia contribuiu a evidenciar; num segundo momento, “Tempos de cárcere: o desaparecimento pela força do ódio” nos focamos no estado atual do cárcere no Brasil, assim como nos efeitos nele da pandemia e da forma do governo Bolsonaro responder a ela; finalmente, em “Tempos de escola: o reaparecimento pela sabedoria do amor” consideramos o estado atual da educação nas escolas no cárcere no Brasil e o que poderia uma educação filosófica em tempos de pandemia: consideramos a filosofia não apenas um amor à sabedoria, mas uma sabedoria do amor com, pela e para as outridades, para, quem sabe, fazer brotar políticas de vida e, com elas, liberdade, justiça e paz social.ResumenEste texto presenta reflexiones sobre las posibilidades de pensar una educación filosófica en escuelas presiónales en el actual escenario de pandemia en Brasil. Para ello, primero consideramos, en "Tiempos de pandemia: ¿somos peores que el covid-19?" el estado crítico de la llamada "civilización" que la pandemia ha ayudado a resaltar; en un segundo momento “Tiempos de cárcel: la desaparición por la fuerza del odio" consideramos el estado actual de la educación en las prisiones en Brasil y los efectos en ella de la pandemia y la respuesta dada por el gobierno de Bolsonaro; por último, en "Tiempos de escuela: la reaparición por la sabiduría del amor" consideramos el estado actual de la educación en las escuelas carcelarias de Brasil y lo que podría ser una educación filosófica en tiempos de pandemia: no sólo un amor a la sabiduría, sino una sabiduría de amor con, para y por las otredades, para, quién sabe, hacer brotar políticas da vida y, con ellas, libertad, justicia y paz social.Palavras-chave: Cárcere, Ensino de filosofia, Outridade.Keywords: Prison, Teaching philosophy, Otherness.Palabras clave: Cárcel, Enseñanza de la filosofía, Otredades.ReferencesADORNO, Theodor; HORKHEIMER, Max. Dialética do esclarecimento: fragmentos filosóficos. Tradução de Guido Antonio de Almeida. Rio de Janeiro: Zahar, 1985.ADORNO, Theodor. Educação e Emancipação. Tradução de Wolfgang Leo Maar. Rio de Janeiro: Paz Terra, 1995.ADORNO, Theodor. Dialética Negativa. Tradução de Marco Antonio Casanova. Rio de Janeiro: Zahar, 2009.AGAMBEN, Giorgio. O poder soberano e a vida nua: homo sacer. Tradução de Antônio Guerrero. 1a edição. Lisboa: Editorial Presença, 1998.ALMEIDA, Sandra; BARBOSA, Adriana; HERNÁNDEZ, Jimena; MELO, Vanusa; RODRIGUES, Fabiana; UZIEL, Ana. Manifesto educação em tempos de pandemia para os sujeitos privados de liberdade no Rio de Janeiro. In: http://forumeja.org.br/rj/sites/forumeja.org.br.rj/files/Manifesto%20Educa%C3%A7%C3%A3o%20em%20Tempos%20de%20Pandemia%20para%20os%20Sujeitos%20Privados%20de%20Liberdade%20no%20Rio%20De%20Janeiro.pdf (Acesso em 09/06/2020)ARISTÓTELES. Metafísica: livros I, II e III. Tradução de Lucas Angioni. In: Clássicos da filosofia: cadernos de tradução no 15. Campinas: UNICAMP/IFCH, 2008.BARROS, Manoel de. A Espera In: Poesia completa. São Paulo: Leya, 2010.BENJAMIN, Walter. Documentos de cultura. Documentos de barbárie. Escritos escolhidos. Tradução de Celeste H. M. Ribeiro de Sousa. São Paulo: Cultrix, USP, 1986.BRASIL. Recomendação n° 62/2020. Brasília: Conselho Nacional de Justiça (CNJ), 2020. https://www.cnj.jus.br/wp-content/uploads/2020/03/62-Recomenda%C3%A7%C3%A3o.pdf ( Acesso em 09/06/2020).BRASIL. Parecer CNE/CP no 5 /2020 . Brasília: Conselho Nacional de Educação (CNE), 2020. http://portal.mec.gov.br/index.php?option=com_docmanview=downloadalias=145011-pcp005-20category_slug=marco-2020-pdfItemid=30192BRASIL. Geopresídios - radiografia do sistema prisional. Conselho Nacional de Justiça (CNJ). https://www.cnj.jus.br/inspecao_penal/mapa.php (Acesso em 09/06/2020).BRASIL. INFOPEN 2019 - Levantamento nacional de informações penitenciárias. Brasília: Ministério da Justiça e da Segurança Pública (MJSP); Departamento Penitenciário Nacional (DEPEN), 2019. in: https://app.powerbi.com/view?r=eyJrIjoiZTlkZGJjODQtNmJlMi00OTJhLWFlMDktNzRlNmFkNTM0MWI3IiwidCI6ImViMDkwNDIwLTQ0NGMtNDNmNy05MWYyLTRiOGRhNmJmZThlMSJ9 (Acesso em 09/06/2020)BRASIL. INFOPEN 2017 - atualização junho - Levantamento nacional de informações penitenciárias. Brasília: Ministério da Justiça e da Segurança Pública (MJSP); Departamento Penitenciário Nacional (DEPEN), 2019. http://depen.gov.br/DEPEN/depen/sisdepen/infopen/relatorios-sinteticos/infopen-jun-2017-rev-12072019-0721.pdf (Acesso em 09/06/2020).BRASIL. Relatoria Nacional para o Direito Humano à Educação: Educação nas Prisões Brasileiras. São Paulo: Plataforma DhESCA, 2009. https://www.cmv-educare.com/wp-content/uploads/2013/07/FINAL-relatorioeduca%C3%A7%C3%A3onasprisoesnov2009.pdf (Acesso em 09/06/2020)BRASIL. Relatório de gestão e supervisão do departamento de monitoramento e fiscalização do sistema carcerário e do sistema de execução de medidas socioeducativas. Conselho Nacional de Justiça, CNJ, 2017. http://gmf.tjrj.jus.br/documents/10136/5929327/relatorio-gestao.pdf (Acesso em 09/06/2020)DAVIS, Angela. O racismo mascarado: reflexões sobre o complexo penitenciário industrial. Tradução de Jaque Conceição. In: https://kilombagem.net.br/pensadores/artigos-textos/o-racismo-mascarado-reflexoes-sobre-o-complexo-penitenciario-industrial/ (O texto traduzido não está mais disponível na internet. O texto original foi publicado em 10 de setembro de 1998 em http://www.colorlines.com/articles/masked-racism-reflections-prison-industrial-complex).DELEUZE, Gilles. Post-scriptum sobre as sociedades de controle. In: _______. Conversações: 1972-1990. Rio de Janeiro: Ed. 34, 1992, p. 219-226.DERRIDA, Jacques. O animal que logo sou (a seguir). Tradução Fábio Landa. São Paulo: Editora Unesp, 2011.DERRIDA, Jacques. Força de lei: o fundamento místico da autoridade. São Paulo: Martins Fontes, 2010.FERRARO, Giuseppe. A escola dos sentimentos. Rio de Janeiro: NEFI, 2018.FOUCAULT, Michel. Em defesa da sociedade. São Paulo, SP: Martins Fontes, 2006.FOUCAULT, Michel. Vigiar e punir: o nascimento da prisão. Tradução de Raquel Ramalhete. Petrópolis: Vozes, 1987.JULIÃO, Elionaldo Fernandes; ONOFRE, Elenice Maria Cammarosano. A educação na prisão como política pública: entre desafios e tarefas. In: Educação Realidade, Porto Alegre, v. 38, n. 1, p. 51-69, jan./mar. 2013.KRENAK, Ailton. O amanhã não está à venda. São Paulo: Companhia das Letras, 2020.KRENAK, Ailton. Ideias para adiar o fim do mundo. São Paulo: Companhia das Letras, 2019.LÉVINAS, Emmanuel. Entre nós: ensaios sobre a alteridade. Petropólis: Vozes, 2010.LYOTARD, Jean-François. Por que filosofar? Tradução: Marcos Marciolino. São Paulo: Parábola, 2013.MARCUSE, Herbert. Eros e civilização: uma interpretação filosófica do pensamento de Freud. Rio de Janeiro: Zahar, 1975.MASSCHELEIN, Jan; SIMONS, Maarten. Em defesa da escola: uma questão pública. Tradução de Cristina Antunes. Belo Horizonte: Autêntica Editora, 2018.MBEMBE, Achille. Necropolítica: biopoder, soberania, estado de exceção, política de morte. Tradução de Renata Santini. São Paulo: N-1 Edições, 2018.OBSERVATÓRIO DAS FAVELAS. Novas configurações das redes criminosas após a implantação das UPPS. Rio de Janeiro: Observatório das Favelas, 2018. http://of.org.br/wp-content/uploads/2018/07/E-BOOK_Novas-Configura%C3%A7%C3%B5es-das-Redes-Criminosas-ap%C3%B3s-implanta%C3%A7%C3%A3o-das-UPPs.pdf (Acesso em 09/06/2020)ONOFRE, Elenice Maria Cammarosano. A escola da prisão como espaço de dupla inclusão: no contexto e para além das grades. In: Polyphonía, v. 22/1, jan./ jun., 2011.OY?WÙMÍ, Oyèrónk??. Visualizing the Body: Western Theories and African Subjects. In: COETZEE, Peter H.; ROUX, Abraham P.J. (eds). The African Philosophy Reader. New York: Routledge, 2002, p. 391-415. Tradução para uso didático de Wanderson Flor do Nascimento.PIMENTA, Victor Martins. Por trás das grades: o encarceramento em massa no Brasil. Rio de Janeiro: Revan, 2018.PLATÃO. Banquete. Tradução de Carlos Alberto Nunes. Belém: Editora UFPA, 2003.RAMOS, Graciliano. Memórias do cárcere. São Paulo: Record, 1975.RODRÍGUEZ, Símon. Inventamos ou erramos. Tradução de Cinthia Fernandes. Belo Horizonte: Autêntica, 2016.RUSCHE, Georg; KIRCHHEIMER, Otto. Punição e estrutura social. Tradução de Gizlene Neder. Rio de Janeiro: Revan, 2004.SAFATLE. Vladimir. Só mais um esforço. São Paulo: Três Estrelas, 2017.SIMAS, Luiz Antonio; RUFINO, Luiz. Encantamento: sobre política de vida. Rio de Janeiro: Mórula Editorial, 2020.WACQUANT, Loic. Punir os pobres: a nova gestão da miséria nos Estados Unidos. Tradução de Eliana Aguiar. Rio de Janeiro: Revan, 2003.WACQUANT, Loic. As duas faces do gueto. Tradução de Paulo Castanheira. São Paulo: Boitempo, 2008.

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Rico, José M. "L’indemnisation des victimes d’actes criminels." Acta Criminologica 1, no. 1 (January 19, 2006): 261–311. http://dx.doi.org/10.7202/017003ar.

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Abstract COMPENSATION TO VICTIMS OF CRIMINAL OFFENCES The system of composition, which was developed during the Middle Ages, especially under Germanic penal law, represents not only an abatement of the system of collective vengeance characteristic of this era, but also the first step towards the principle of compensation to victims of criminal offences. With the development and consolidation of a strong central power, the State asked for a share of these transactions either in the form of sanction or as a price for its intervention. W^hen at last the central government obtained the full and exclusive right to inflict punishment and when private justice gave way to public justice, the State's share of compensation increased progressively and took the form of fines, while the victim's share gradually diminished and withdrew little by little from the penal system to become civil compensation for damages. Nevertheless, the total separation between public action, whose aim is to ensure punishment, and civil action, whose main object is to secure compensation to the victim, did not materialize until very recently. This principle of total separation, which was adopted by the classical school of criminal law, resulted in a complete overlooking of the victim's right to compensation, in daily legal practice. New solutions were therefore proposed to remedy this deficiency in the penal systems, the most original and daring being those to be found in the Spanish Penal Codes of 1822 and 1848 which compel the State to compensate victims of criminal offences when the wrong-doers or other responsible persons are unable to do so. This idea of compensation by the State to victims of crime, although taken lip and elaborated several years later by Bentham and the Italian Positivist School, had absolutely no repercussions as far as practice was concerned. It was only in the second half of the XXth Century that an Englishwoman, Margaret Fry, drew the attention to this problem. Inspired by her compatriot Bentham, Margaret Fry proclaimed that compensation for harm caused to victims of criminal violence should be assumed by the State. This was the starting point of a considerable development in the study of compensation to the victim. During the last ten years, not only were many papers and conferences devoted to the subject, but also many legislations adopted the progressive solution of conferring upon the State the task of compensating the victim of criminal offences. In most contemporary penal legislations, the dissociation between public and civil action has resulted in relegating the subject of compensation solely to the civil domain. A certain number of penal systems (France, Belgium, Germany, etc.), while accepting in principle the civil character of this matter, nevertheless offer the injured party the possibility of bringing his action for damages before criminal courts. A last group of systems (Spain, Italy, Switzerland) treat this problem within the framework of the criminal code, although in most cases they do nothing but repeat analogous paragraphs of the civil code. Upon examining these different methods of coping with the problem of compensating the victim for damages caused by criminal violence, we find that certain reforms were put into effect but that they chiefly hinge upon one preliminary question ~— the means available to the victim for bringing his case before the criminal courts and of engaging in the criminal procedure, to obtain recognition of his rights by the Court. However, it often happens that once the sentence has been passed, the victim is obliged to act on his own to recover the sum of the indemnity. Modern penal law, progressive and innovating as it is in certain respects, often neglects the victim of crime. Certain solutions were proposed and even introduced into positive penal legislations, in view of securing for the injured party, as much as possible, the recovery of the compensation decided upon by the courts in his favour, especially in cases where the offender is destitute. Among such solutions, one should stress legal solidarity between co-delinquents, priority accorded to the compensation debt, accessory imprisonment, compulsory work in prison and in liberty, compulsory insurance and the creation of a compensation fund. Similar proposals tend to consider compensation to the victim as an indispensable condition for the obtainment of certain privileges (pardon, parole, probation, legal rehabilitation, etc.). Due to the insufficiency of the classical systems and of the solutions destinated to secure compensation of the victim by the offender, one again began to wonder whether the State should not undertake the charge of repairing damages caused by crime. The main argument offered in favour of this system is the State's failure in preventing crime and in protecting its citiiens against felonious acts. Despite the numerous criticisms concerning the essentially judicial composition of the courts in charge of the application of the system as well as of the procedure to be followed, the infractions to be compensated, the amount to be paid and the total cost of the system, some countries have recognized the right of the victim to be compensated and consequently adopted measures to enforce this principle (New Zealand, 1963; Great Britain, 1964; States of California and New York, 1966; the Canadian province of Saskatchewan, 1967).

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Morrell, Andrea R. "Hometown Prison: Whiteness, Safety, and Prison Work in Upstate New York State." American Anthropologist, June 24, 2021. http://dx.doi.org/10.1111/aman.13614.

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Roehrkasse, Alexander F. "Market development, state formation, and the historical abolition of the debtors’ prison." Punishment & Society, October 4, 2021, 146247452110349. http://dx.doi.org/10.1177/14624745211034920.

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In the late 18th century, lenders’ right to imprison borrowers for defaulting on debts was taken for granted. By the mid-19th century, this power was widely and permanently revoked. Using a variety of archival evidence, this study explains the historical demise of the debtors’ prison in New York State, the first Western jurisdiction to permanently abolish imprisonment for debt. Tracing seven decades of contestation over moral aspects of credit exchange and incarceration, it shows that the development of capitalist markets, including their cultural and technological consequences, was necessary but not sufficient to render the debtor's prison obsolete. Rather, the development of a liberal polity and a penal state institutionalized new moral views about the use of force in economic exchange, consolidating the legitimacy of bodily detention around the punishment of crimes rather than the coercion of private agreements. The analysis has implications for theories of states, markets, and violence, as well as for recent trends in penal debt, debt resistance, and prison abolition.

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Roehrkasse, Alexander F. "Market development, state formation, and the historical abolition of the debtors’ prison." Punishment & Society, October 4, 2021, 146247452110349. http://dx.doi.org/10.1177/14624745211034920.

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Abstract:

In the late 18th century, lenders’ right to imprison borrowers for defaulting on debts was taken for granted. By the mid-19th century, this power was widely and permanently revoked. Using a variety of archival evidence, this study explains the historical demise of the debtors’ prison in New York State, the first Western jurisdiction to permanently abolish imprisonment for debt. Tracing seven decades of contestation over moral aspects of credit exchange and incarceration, it shows that the development of capitalist markets, including their cultural and technological consequences, was necessary but not sufficient to render the debtor's prison obsolete. Rather, the development of a liberal polity and a penal state institutionalized new moral views about the use of force in economic exchange, consolidating the legitimacy of bodily detention around the punishment of crimes rather than the coercion of private agreements. The analysis has implications for theories of states, markets, and violence, as well as for recent trends in penal debt, debt resistance, and prison abolition.

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