Journal articles on the topic 'Irish prison system'

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1

Gulati, Gautam, Valerie Murphy, Ana Clarke, Kristin Delcellier, David Meagher, Harry Kennedy, Elizabeth Fistein, John Bogue, and Colum P. Dunne. "Intellectual disability in Irish prisoners: systematic review of prevalence." International Journal of Prisoner Health 14, no. 3 (September 10, 2018): 188–96. http://dx.doi.org/10.1108/ijph-01-2017-0003.

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PurposeWhile individuals with an intellectual disability form a significant minority in the worldwide prison population, their healthcare needs require specialist attention. In Ireland, services for prisoners with intellectual disabilities need development. However, there is little substantive data estimating the prevalence of intellectual disabilities within the Irish prison system. The paper aims to discuss these issues.Design/methodology/approachThe authors systematically review published data relating to the prevalence of intellectual disabilities in prisons in the Republic of Ireland. The authors searched four databases, governmental websites and corresponded with experts.FindingsLittle published data were elicited from searches except for one nationwide cross-sectional survey which reflected a higher prevalence than reported in international studies. Studies from forensic mental health populations are narrated to contextualise findings.Originality/valueThis study found that there is little data to accurately estimate the prevalence of intellectual disabilities in the Irish prison system and the limited data available suggests that this is likely to be higher than international estimates. The authors highlight the need for further research to accurately estimate prevalence in this jurisdiction, alongside the need to develop screening and care pathways for prisoners with an intellectual disability.
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Cannon, Aoife, Fiona Nally, Anne Collins, Ronnie Fay, and Suzi Lyons. "Trends in addiction treatment in Irish prisons using national surveillance data, 2009–2014." International Journal of Prisoner Health 15, no. 2 (June 10, 2019): 105–13. http://dx.doi.org/10.1108/ijph-02-2018-0006.

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Purpose Many studies show that incarcerated populations have higher rates of problem drug use than the general population. The purpose of this paper is to analyse trends in addiction treatment demand in prisons in Ireland from 2009 to 2014 using available national surveillance data in order to identify any implications for practice and policy. Design/methodology/approach National surveillance data on treatment episodes for problem drug and alcohol use from 2009 to 2014, collected annually by the National Drug Treatment Reporting System (NDTRS), were analysed. Findings In total, 6 per cent of all treatment episodes recorded by the NDTRS between 2009 and 2014 were from prison services. The number of prison service treatment episodes increased from 964 in 2009 to 1,063 in 2014. Opiates were the main reason for treatment, followed by alcohol, cocaine and cannabis. The majority (94–98 per cent) of treatment episodes involved males (median age of 29 years) and low educational attainment, with 79.5–85.1 per cent leaving school before completion of second level. The percentage of treatment episodes with a history of ever injecting drugs increased from 20.9 per cent in 2009 to 31.0 per cent in 2014. Practical implications This study can help policy development and service planning in addiction treatment in prison as it provides an insight into the potential needs of incarcerated populations. It also provides a baseline from which to measure any changes in provision of treatment in prison over time. Originality/value This is the first study to analyse treatment episodes in prison using routine surveillance data in Ireland. Analysis of these data can provide useful information, not currently available elsewhere.
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Wright, Brenda, Dearbhia Duffy, Katherine Curtin, Sally Linehan, Stephen Monks, and Harry G. Kennedy. "Psychiatric morbidity among women prisoners newly committed and amongst remanded and sentenced women in the Irish prison system." Irish Journal of Psychological Medicine 23, no. 2 (June 2006): 47–53. http://dx.doi.org/10.1017/s0790966700009575.

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AbstractObjectives: To estimate the prevalence of psychiatric morbidity, substance misuse problems and related health and social problems among women prisoners newly committed and a cross-section remanded and sentenced in the Irish prison population. In 2002 women represented 10.7% (1043) of all persons committed to the Irish Prison system, and 3.3% (104) of the daily average number of persons in custody. We surveyed psychiatric morbidity in these two groups to assess the need for psychiatric services for women prisoners, and to compare Irish morbidity with an international average.Method: We interviewed 94 newly committed women prisoners within 72 hours of committal, representing approximately 9% of female committals per year. We also interviewed a cross sectional sample of 92 women, representing approximately 90% of all women in custody. Mental illness and substance misuse was measured using the SADS-L, SODQ and a structured interview.Results: Five (5.4%) of the committal and 5 (5.4%) of the cross-sectional sample had a psychotic illness within the previous six months. 8 (8.5%) of the committals and 15 (16.3%) of the women in the cross-sectional sample had a major depressive disorder in the last six months. 8 (8.6%) committals and 14 (15.2%) in the cross-sectional sample had an anxiety disorder within the last six months. 61 (65.6%) of the women interviewed at committal and 61 (65.2%) of the cross-sectional sample had a substance misuse problem in the last six months.Conclusions: There is a high prevalence of mental illness and substance misuse problems amongst women newly committed to prison and in a cross section of those remanded or sentenced in prison in Ireland. We found evidence of a cycle of deprivation and institutionalisation. These findings highlight the need for the integration of community and forensic psychiatric services, and for ongoing collaboration with drug services.
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Byrne, Catherine, Brian Bowe, and Michael Carr. "Identity, Hard Sums and Butterflies." International Journal of Bias, Identity and Diversities in Education 4, no. 1 (January 2019): 35–47. http://dx.doi.org/10.4018/ijbide.2019010103.

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This article examines mathematics education in the Irish prison system, and the impact that learning mathematics and receiving certification has on the identity of those studying so-called ‘hard sums.' It describes the lived experiences of people who have taken classes in prison, reflects on why they came to these classes to begin with, charts their emotions, and how they express their new identities as students. This article draws from earlier studies into the experiences of former prisoners who are currently engaged in higher level education, and who reflected on the effects that learning had on their identities: as parents, as sons or daughters, as citizens, as students. The article looks at how their experiences contrast with the experiences of other mature students returning to education in other higher and further education settings. National certification is available to everyone attending education in prison in Ireland, and this article reflects on the impact that certification has on the identity of the prisoner. It will show that in prison, a small step in the right direction at the right time can lead to identity change, akin to a transformation from cocoon to butterfly. The author has taught for many years in prison education centres, and is currently researching mathematics education in prisons, from different perspectives including mathematical self-efficacy, grit and resilience and the impact of mathematics education on the identity of the individual.
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O'Malley, Sinead, and Carmel Devaney. "Maintaining the mother–child relationship within the Irish prison system: the practitioner perspective." Child Care in Practice 22, no. 1 (September 11, 2015): 20–34. http://dx.doi.org/10.1080/13575279.2015.1054786.

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6

Pašeta, Senia. "‘Waging War on the Streets’: the Irish Women Patrol, 1914–22." Irish Historical Studies 39, no. 154 (November 2014): 250–71. http://dx.doi.org/10.1017/s0021121400019088.

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Female activists across the United Kingdom had insisted from the late nineteenth century that the employment of women police who would deal with problems specific to women and children could help to address pressing social questions, or at least to offer women some protection within the entirely male criminal justice system. Their campaign for women police was connected to similar demands for the employment of female prison visitors and inspectors and, later, jurors and lawyers, and it was predicated on the idea that neither prisons nor courts afforded women fair and equal treatment under the law. Early victories included the appointment of police matrons and searchers, but the resistance of police authorities and most other civil servants to female officers remained solid into the early twentieth century, feminist campaigning notwithstanding. The outbreak of the First World War, however, provided an ideal context for renewed activism on the issue, not least because commentators across the British Isles predicted that the apparent inability of girls and young women to resist the lure of uniformed men would lead to outbreaks of war-induced sexual promiscuity and a decline in standards of public behaviour.
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Grace, Pierce. "Patronage and health care in eighteenth-century Irish county infirmaries." Irish Historical Studies 41, no. 159 (May 2017): 1–21. http://dx.doi.org/10.1017/ihs.2017.4.

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AbstractThe creation of a network of county infirmaries was a remarkable achievement in late eighteenth-century Ireland. Supported by grants from parliament and the county grand juries, each hospital was managed by governors whose subscriptions entitled them to appoint the medical staff and decide on the patient population. While the laudable aim of the legislators was that the infirmaries would be ‘a means of restoring the health and preserving the lives of many’, the reality was quite different. In 1788 the prison reformer, John Howard, and the inspector general of prisons, Sir Jeremiah Fitzpatrick, delivered a damning report to parliament on the state of the county infirmaries. They described good care and governance in a minority of institutions, but most were in a very bad state; they noted decayed and broken buildings, dirty or no bedding, poor food, lack of regulation, financial malfeasance, few patients and absent staff. Based on their report, this paper argues that the county infirmaries benefited the governors and the staff considerably, and had little impact on the health of the nation. However, providing a hospital and trained medical professionals in every county was a significant step in the formation of the Irish institutional healthcare system.
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Cullagh, Ciaran Mc. "Unemployment and Imprisonment: Examining and Interpreting the Relationship in the Republic of Ireland." Irish Journal of Sociology 2, no. 1 (May 1992): 1–19. http://dx.doi.org/10.1177/079160359200200101.

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There is a tradition in the sociological study of punishment that emphasises the relationship between conditions in the economy, in particular the level of unemployment, and the numbers sent to prison. This paper examines this relationship in the Irish context using data from the period 1951 to 1988. It finds that the relationship only holds in the period from the late 1970s onwards. It suggests that an examination of why this relationship exists needs to look at the ‘vocabulary of motives’ used by key decision-makers in the criminal justice system, and in particular by the judiciary.
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Little, James, and Radvan Markus. "Coercive Confinement and Irish Languages: Ó Cadhain, Behan, Heaney, Okorie." Review of Irish Studies in Europe 5, no. 2 (December 12, 2022): 19–37. http://dx.doi.org/10.32803/rise.v5i2.3073.

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This article explores the consequences that the conditions of incarceration have on the linguistic make-up of literary texts that result from or reflect on them. Due to the island’s colonial history, Ireland has a rich canon of confinement literature, but – largely as a result of this very same history – these literary works have often been studied through a binary cultural lens, reinforcing what Declan Kiberd has termed the ‘quarantine’ of Ireland’s literatures, with English kept on one side of the language fence, Irish on the other. Drawing on Ian O’Donnell and Eoin O’Sullivan’s concept of ‘coercive confinement’ in order to include carceral institutions outside the formal criminal justice system, this article examines four case studies in which Irish writers cross the borders of language quarantine when writing about coercive confinement, focusing on selected works by Máirtín Ó Cadhain, Brendan Behan, Seamus Heaney and Melatu Uche Okorie. Just as the conditions of confinement that gave rise to these works differ widely, so too do the literary strategies employed to represent or respond to these situations of incarceration. While Ireland’s literary languages have historically existed in quarantine, we hope to show that this linguistic confinement is often breached by Irish writers responding to actual instances of imprisonment. Keywords: coercive confinement; language; internment; prison; borstal; direct provision; heteroglossia; translation
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10

O’Donnell, Ian, and Eoin O’Sullivan. "‘Coercive confinement’: An idea whose time has come?" Incarceration 1, no. 1 (July 1, 2020): 263266632093644. http://dx.doi.org/10.1177/2632666320936440.

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This article argues in favour of ‘coercive confinement’ as a useful addition to the criminological lexicon. It suggests that to properly understand a country’s level of punitiveness requires consideration of a range of institutions that fall outside the remit of the formal criminal justice system. It also requires a generous longitudinal focus. Using Ireland as a case study, such an approach reveals that since the foundation of the state, the prison has gradually become ascendant. This might be read to imply a punitive turn. But when a broader view is taken to include involuntary detention in psychiatric hospitals, confinement in Magdalen homes and mother and baby homes, and detention in industrial and reformatory schools, the trajectory is strongly downward. This might be read to imply a national programme of decarceration. (In recent years, asylum seekers have been held in congregate settings that are experienced as prison-like and they must be factored into the analysis.) While some of these institutions may have been used with peculiar enthusiasm in Ireland, none are Irish inventions. It would be profitable to extend the idea of ‘coercive confinement’ to other nations with a view to adding some necessary nuance to our understanding of the reach and grip of the carceral state.
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Clarke, Mattea, John Devlin, Emmett Conroy, Enda Kelly, and Sunita Sturup-Toft. "Establishing prison-led contact tracing to prevent outbreaks of COVID-19 in prisons in Ireland." Journal of Public Health 42, no. 3 (June 22, 2020): 519–24. http://dx.doi.org/10.1093/pubmed/fdaa092.

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Abstract Background Preventing transmission of COVID-19 within prisons is both important and challenging. The confined conditions in prisons can encourage person-to-person spread with the potential for outbreaks occurring. Contact tracing is an important contributor to the longer-term management strategy for COVID-19 in prisons as well as in the community but is highly resource-intensive. This paper describes the approach to contact tracing taken by the Irish Prison Service (IPS). Methods The IPS National Infection Control Team, in collaboration with the National Quality Improvement (QI) team and Health Service Executive (HSE) in Ireland, implemented a programme to develop and train in-prison contact tracing teams (CTTs). CTTs were run by prison staff with experience of working with detainees, prison IT systems and CCTV. Protocols for undertaking contact tracing for both detainee and staff cases of COVID-19 were established. Results All prisons, and two support agencies, within the IPS now have fully functional in-prison CTTs. Every CTT has responded to at least one case COVID-19, undertaken contact tracing and instigated quarantine of contacts. Conclusions A partnership approach with development of prison-led CTTs can provide an effective mechanism for contact tracing of COVID-19 cases within the prison setting.
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12

Đuričić, Svetlana. "Release on parole: Aspects of criminal law and procedure." Glasnik Advokatske komore Vojvodine 93, no. 1 (2021): 234–43. http://dx.doi.org/10.5937/gakv93-25550.

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Release on parole dates back to the middle of the 19th century and has roots in the progressive and Irish systems for executing punishment regarding persons deprived of liberty. Namely, the third phase in the execution of the sanction of imprisonment in the progressive system is called - release on parole, while it was the fourth phase in the Irish system. The Irish system for executing imprisonment was accepted in a large number of countries, including pre-war Yugoslavia. Modelled on this system, several prisons were created in Yugoslavia - in Zenica, Sremska Mitrovica, and Lepoglava. The purpose of release on parole is for the convicted person to behave properly while serving the imprisonment sentence, fulfil their work obligations, and not commit another criminal act for the duration of the sentence, all with the goal of re-socialization. Consequently, expanding the prohibition on the release on parole for certain criminal offences is contrary to the primary purpose of punishment as prescribed by art. 42, para. 1, point 1 of the Criminal Code; which is preventing the perpetrator from committing criminal acts and influencing them to not commit criminal acts in the future. Sentencing and executing sanctions must not be in retaliation for the acts committed, as it would be aligned with the theory of intimidation by punishment which has long since been abandoned; at present, the modern theory on the purpose of sanctions is widely represented, the theory of re-socialization, which has the individualization of the punishment of deprivation of liberty at the forefront, and that individualization is important to the re-education of the convicted person.
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Reidy, Conor. "Institutional power and the Irish borstal boy, 1906–21." Irish Historical Studies 38, no. 149 (May 2012): 36–51. http://dx.doi.org/10.1017/s0021121400000614.

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This article will examine the unique power structure that governed the lives of inmates of Ireland's borstal institution from its foundation in 1906 until the end of British rule in 1921. The borstal system was developed at the close of the nineteenth century at a time when penal administrators were searching for new and more enlightened modes of detention. Reform became something of a catchphrase and the borstal was one of two approaches, the other being the inebriate reformatory system that captured the imagination of Home Office officials. During this time there was a transition of leadership in the British penal system as those who subscribed to the more outdated idea of imprisonment without reform were replaced with more enlightened idealists. Borstal offenders in Ireland and Britain were subjected to an authoritarian structure unlike that experienced by prisoners within mainstream institutions of the penal systems in both countries. The division of power involved a three-way process in Clonmel borstal between 1906 and 1921. Three different but inextricably linked bodies, the General Prisons Board (G.P.B.), the institutional management, and the aftercare body, the Borstal Association of Ireland (B.A.I.), cooperated in a type of alliance with the aim of bringing about the reform of the juvenile-adult offender. Ultimate power rested in the hands of G.P.B. administrators but it is clear that governors, warders and aftercare officials had considerable influence in the decision-making process.
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O'Neill, Conor, Hamish Sinclair, Alan Kelly, and Harry Kennedy. "Interaction of forensic and general psychiatric services in Ireland: learning the lessons or repeating the mistakes?" Irish Journal of Psychological Medicine 19, no. 2 (June 2002): 48–54. http://dx.doi.org/10.1017/s0790966700006959.

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AbstractObjective:General psychiatric bed numbers in Ireland have reduced markedly in recent decades. In other jurisdictions such reductions have been accompanied by increases in the prevalence rates of severe mental illness among prisoners. We examined variations in per capita provision of local psychiatric beds and community residential places in Ireland for associations with forensic psychiatric service utilisation.Method:All admissions via the courts and prisons to the national forensic psychiatry service during the years 1997-1999 were assigned to the appropriate health board. Forensic admission and bed utilisation rates were compared with measures of general psychiatric service provision.Results:There were 476 admissions via the criminal justice system during the study period (0.74% of all psychiatric admissions in Ireland). A disproportionate number came from the most urbanised area. There were fivefold differences in overall bed and hostel place allocation between Irish health boards. Combined general psychiatric beds were inversely correlated with forensic bed utilisation (Spearman r = -0.75, p = 0.013). These differences showed a strong inverse correlation with forensic service utilisation.Conclusions:General psychiatric services are relatively under-resourced in areas of greatest predicted need in Ireland. This is associated with increased use of forensic psychiatric services and may reflect accumulation of the mentally ill in Irish prisons.
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Wall, Oisín. "‘Embarrassing the State’: The ‘Ordinary’ Prisoner Rights Movement in Ireland, 1972–6." Journal of Contemporary History 55, no. 2 (August 28, 2019): 388–410. http://dx.doi.org/10.1177/0022009419863846.

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This article explores the early years of the campaign for ‘ordinary’, not politically-aligned, prisoners’ rights in Ireland. It argues that this campaign has often been overshadowed by the activities of ‘political prisoners’, who only constituted a small minority of prisoners in the period. The article follows the development and changing tactics of the ordinary prisoners’ movement, through the rise and fall of the Prisoners’ Union (PU) (1972–3) and into the early years of the Prisoners’ Rights Organisation (PRO) (1973–6), which would become the longest-lasting and most vocal penal reform organisation in Ireland, until the formation of the Irish Penal Reform Trust in 1994. It argues that the movement constantly adapted its tactics to address emerging issues and opportunities. Ultimately, it contends that by 1976 the PRO was an increasingly legitimate voice in Ireland’s public discourse on prisons. It shows that, although the campaign did not achieve any major penal reforms in this period, it had a significant impact on public debates about prisons, prisoners’ mental health, the failures of the penal system, and prisoners’ entitlement to human rights.
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Gavin, Paul. "Not “proper” foreign national prisoners: Irish ex-prisoner reflections on imprisonment in England and Wales." Probation Journal, September 9, 2022, 026455052211247. http://dx.doi.org/10.1177/02645505221124766.

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Irish prisoners are one of the oldest minority groups and one of the most represented foreign national groups in the prison system, yet little is known about their experiences of imprisonment in England and Wales. This article presents findings from 29 semi-structured interviews with Irish ex-prisoners who were asked to reflect on their time in prison in England and Wales. It utilises Ugelvik and Damsa’s findings on foreign national prisoner experiences in Norway as related to discrimination, long-distance relationships, and deportability as a point of analysis. This paper shows that Irish prisoners suffer the pains of discrimination through racism, bullying, and discrimination from prisoners and prison officers, and there are concerns over mistreatment by prison officers who are ex-military. There are also difficulties associated with family contact. As Irish prisoners are not subject to deportation, except in the most exceptional circumstances, and since there is no language barrier, this paper suggests that Irish prisoners might not seen as “proper” foreign nationals in the prison system. This may result in Irish prisoners being somewhat invisible in the prison system in England and Wales and in some cases having their nationality and national identity denied.
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Kennedy, Patricia, and Maria Pierce. "Minority Women Incarcerated: The Vulnerabilities of Traveller Women in the Irish Criminal Justice System." Race and Justice, January 19, 2023, 215336872311516. http://dx.doi.org/10.1177/21533687231151699.

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Women comprise a minority of the prison population, representing 10.6% of the prison population in Ireland in 2020. An issue of pressing concern is the over-representation of minority ethnic women among female prisoners. In Ireland, Irish Traveller women are 22 times more likely to be imprisoned than non-Traveller women. Their risk of imprisonment is greater than Traveller men who are over-represented among male prisoners. Traveller women in contact with the criminal justice system are likely to have experienced extreme deprivation, social exclusion, and current and historical/intergenerational discrimination. This article draws on evidence from published literature and a qualitative study undertaken by the authors to examine the vulnerabilities of Traveller women in prison in Ireland and the multiple and complex reasons for their over-representation in prison. To improve the situation of Traveller women in prison, the UN Bangkok Rules can be used to guide the development of relevant legislation, procedures, policy, and action plans. Traveller women in prison must not be overlooked in the implementation of the Public Sector Equality and Human Rights Duty, which places a legal obligation in Ireland on prison authorities to promote equality, prevent discrimination, and protect the human rights of all affected by their policies and plans.
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Cox, Catherine, and Oisín Wall. "“It Has Made Me Think”: Engaging the Public with the History of Health in the Modern Irish Prison." Journal of Medical Humanities, October 22, 2022. http://dx.doi.org/10.1007/s10912-022-09761-2.

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Abstract Since the establishment of the modern prison system in the early nineteenth century, prisons and prisoners have been construed as sites of moral, social, and biological contagion. Historic and contemporary studies show that most prisoners experience severe health inequalities, higher rates of addiction and mental health issues, and lower life expectancy than the rest of the population. They also come from deprived social strata. Yet, these aspects of Irish penal history have been largely neglected in academia and popular histories. Our article discusses two public history projects—an art installation, The Trial, and a museum exhibition, Living Inside—that engaged different publics with the long history of health and welfare in Irish prisons. Developed by the research team on the Wellcome Trust Investigator Award “Prisoners, Medical Care and Entitlement to Health in England and Ireland, 1850-2000,” based at University College Dublin, the projects adopted different methodologies to engage their audiences and explore the experience and management of health and welfare in nineteenth- and twentieth-century Irish prisons. We further examine the different methodological approaches of each project, their varied aims and audiences, and the impacts reported by audiences and participants. The article also considers some of the challenges of doing this kind of public history, both in terms of working with marginalized communities and presenting research about difficult subjects to various audiences.
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Leeson, Lorraine Mary, Sophie Flynn, Teresa Lynch, and Haaris Sheikh. "You Have the Right to Remain Signing." TEANGA, the Journal of the Irish Association for Applied Linguistics 11 (September 24, 2020). http://dx.doi.org/10.35903/teanga.v11i1.181.

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This paper presents a first snapshot of what we know about how the Irish justice system responds to deaf signers. We look specifically at engagement with An Garda Síochána, the District Court and the Irish Prison Service. We draw on a body of data that stems from (i) the European Commission funded Justisigns Project, (ii) the ‘grey literature’, and (iii) a small study of how equally deaf prisoners access services available to hearing prisoners. We set out to document and benchmark provisions, mapping current practice against the requirements of the European Directives, and reflecting on how these sit with respect to the obligations outlined in the Irish Sign Language Act (2017) and the UNCRPD (2006). We identify a number of gaps arising from systemic issues such as the siloed manual recording of requests for interpreting, quality assurance protocols where interpreters are provided (e.g. the video recording of all parties), and arising from this, the limited opportunities for true evidence-led practice for all those engaged with deaf signers in the Irish justice system.
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Atkins, Deirdre, Niamh Maguire, and Geraldine Cleere. "Experiences of Sentencing and the Pains of Punishment: Prisoners’ Perspectives." International Journal of Offender Therapy and Comparative Criminology, January 19, 2023, 0306624X2211481. http://dx.doi.org/10.1177/0306624x221148127.

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Although sentencing is often described as a human process, the subjective experiences of those subject to sentencing are seldom discussed or highlighted as an important source of guidance for how sentencing might be made more fair, consistent, or proportionate. Tyler’s work on the links between experiences of procedural justice and perceptions of legitimacy in the criminal justice system show that how people are treated during sentencing and/or when serving their sentence matters in that it impacts their long-term compliance with the law. However, we suggest here that it may not only be long-term compliance that is impacted; subjective experiences of imprisonment, in terms of the pains of imprisonment, may also be exacerbated for those whose experiences of the sentencing process are predominantly negative. This article draws on 37 in-depth interviews with Irish prisoners that explored their subjective experiences of their own sentencing in court and how this related to their subjective experiences of their prison sentences. Those who felt they had received unreasonably harsh or unfair sentences, or who felt they were effectively excluded from the sentencing process, were more likely to experience specific pains and increased salience of punishment. The article concludes by arguing that these findings have a role to play in educating sentencers about how their treatment of convicted persons during sentencing can have meaningful, long-term consequences on the subjective experiences of those serving prison sentences.
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"Editorial." Journal of Mediation & Applied Conflict Analysis 4, no. 2 (December 12, 2017): 560–62. http://dx.doi.org/10.33232/jmaca.4.2.9088.

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This edition of JMACA includes six examinations of conflict interventionin vastly different areas of practice. JMACA‟s mission is to publish articles that bring theory to practice. The adage that “there is nothing more practical than a good theory” holds very true in the field of conflict intervention. Practice theory is a theory of how social beingsmake and transform the world in which they live. The dynamic interaction between a system of ideas intended to explain something and the experience of the application of these ideas in the world,underpins the development of good practice. This interactive process enables the examination of conflict intervention knowledge, the purpose of interventions and builds learning, facilitatingthe development of the profession. From studies relating to workplace mediation, to the application of a systemic approach to conflict theory, an evaluation of a peer mediation programme for Irish Travellers in prison, an examination of the nature of radicalisation in Eastern Africa,and the role of the European Union in conflict resolution, the articles in this journal issue contain theory and practice knowledge across a wide and stimulating range of applications.
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Тепляшин, Павел, and Pavel Teplyashin. "ENGLISH-IRISH TYPE OF EUROPEAN PENAL SYSTEMS: ORGANIZATIONAL AND LEGAL FUNDAMENTALS, MEANS OF PRISONERS´ TREATMENT AND CONDITIONS OF THEIR DETENTION." Journal of Foreign Legislation and Comparative Law, February 14, 2017, 0. http://dx.doi.org/10.12737/24308.

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The scientific basis of the classification and typology of the European penitentiary systems are presented. The method of comparative jurisprudence and the system analysis of the European penitentiary reality are used in this article. The methodological substantiation of the existence of a group of European states with their typical features of penitentiary practice is given. The author states the up-to-date characteristic of the Anglo-Irish type characterized by peculiarities caused, first of all, by its scope of the legal system of Common Law and the decline of the settled liberal approaches to a crime and penal pragmatism. The main characteristics of the type under consideration are joint jurisdiction of penal authorities, considerable specific proportion of prisons among correctional institutions, essential development of the elements of progressive penal correctional system, diverse and active usage of rehabilitative means and individual rehabilitative programs for prisoners as well as measures of prisoners’ re-socialization and relatively wide usage of the institution of public private partnership in the penal sphere. The attention is focused on the fact that in the context of active maintaining the progressive standards of treatment of convicted persons in prisons of the Benelux Union, some violations of the convicted persons’ rights are noted in the reports of the representatives of the CPT who visited Ireland, England and Wales, Northern Ireland and Scotland. The author draws a conclusion that the analysis of Anglo-Irish penitentiary type in the context of the controversial reform of the national penal system causes the natural research interest to the further typological comparative and legal study of European penitentiary chart.
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Gardiner, Amanda. "It Is Almost as If There Were a Written Script: Child Murder, Concealment of Birth, and the Unmarried Mother in Western Australia." M/C Journal 17, no. 5 (October 25, 2014). http://dx.doi.org/10.5204/mcj.894.

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BASTARDYAll children born before matrimony, or so long after the death of the husband as to render it impossible that the child could be begotten by him, are bastards.– Cro. Jac. 451William Toone: The Magistrates Manual, 1817 (66)On 4 September 1832, the body of a newborn baby boy was found washed up on the shore at the port town of Fremantle, Western Australia. As the result of an inquest into the child’s suspicious death, a 20-year-old, unmarried woman named Mary Summerland was accused of concealing his birth. In October 2014, 25-year-old Irish backpacker Caroline Quinn faced court in Perth, Western Australia, over claims that she concealed the birth of her stillborn child after giving birth in the remote north west town of Halls Creek during May of the same year. Both women denied the existence of their children, both appear to have given birth to their “illegitimate” babies alone, and both women claimed that they did not know that they had ever been pregnant at all. In addition, both women hid the body of their dead child for several days while the people they lived with or were close to, did not appear to notice that the mother of the child had had a baby. In neither case did any person associated with either woman seek to look for the missing child after it had been born.Despite occurring 182 years apart, the striking similarities between these cases could lead to the assumption that it is almost as if there were a written script of behaviour that would explain the actions of both young women. Close examination of the laws surrounding child murder, infanticide and concealment of birth reveals evidence of similar behaviours being enacted by women as far back as the 1600s (and earlier), and all are shaped in response to the legal frameworks that prosecuted women who gave birth outside of marriage.This article traces the history of child murder law from its formation in England in the 1600s and explores how early moral assumptions concerning unmarried mothers echoed through the lived experiences of women who killed their illegitimate babies in colonial Western Australia, and continue to resonate in the treatment of, and legal response to, women accused of similar crimes in the present day. The Unlicensed ChildThe unlicensed child is a term coined by Swain and Howe to more accurately define the social matrix faced by single women and their children in Australia. The term seeks to emphasise the repressive and controlling religious, legal and social pressures that acted on Australian women who had children outside marriage until the mid-1970s (xxi, 1, 92, 94). For the purposes of this article, I extend Swain and Howe’s term the unlicensed child to coin the term the unlicensed mother. Following on from Swain and Howe’s definition, if the children of unmarried mothers did not have a license to be born, it is essential to acknowledge that their mothers did not have a license to give birth. Women who had children without social and legal sanction gave birth within a society that did not allocate them “permission” to be mothers, something that the corporeality of pregnancy made it impossible for them not to be. Their own bodies—and the bodies of the babies growing inside them—betrayed them. Unlicensed mothers were punished socially, religiously, legally and financially, and their children were considered sinful and inferior to children who had married parents simply because they had been born (Scheper-Hughes 410). This unspoken lack of authorisation to experience the unavoidably innate physicality of pregnancy, birth and motherhood, in turn implies that, until recently unmarried mothers did not have license to be mothers. Two MothersAll that remains of the “case” of Mary Summerland is a file archived at the State Records Office of Western Australia under the title CONS 3472, Item 10: Rex V Mary Summerland. Yet revealed within those sparse documents is a story echoed by the events surrounding Caroline Quinn nearly two hundred years later. In September 1832, Mary Summerland was an unmarried domestic servant living and working in Fremantle when the body of a baby was found lying on a beach very close to the settlement. Western Australia had only been colonized by the British in 1829. The discovery of the body of an infant in such a tiny village (colonial Fremantle had a population of only 436 women and girls out of 1341 non-Aboriginal emigrants) (Gardiner) set in motion an inquest that resulted in Mary Summerland being investigated over the suspicious death of the child.The records suggest that Mary may have given birth, apparently alone, over a week prior to the corpse of the baby being discovered, yet no one in Fremantle, including her employer and her family, appeared to have noticed that Mary might have been pregnant, or that she had given birth to a child. When Mary Summerland was eventually accused of giving birth to the baby, she strongly denied that she had ever been pregnant, and denied being the mother of the child. It is not known how her infant ended up being disposed of in the ocean. It is also not known if Mary was eventually charged with concealment or child murder, but in either scenario, the case against her was dismissed as “no true bill” when she faced her trial. The details publically available on the case of Caroline Quinn are also sparse. Even the sex of her child has not been revealed in any of the media coverage of the event. Yet examination of the limited details available on her charge of “concealment of birth” reveal similarities between her behaviours and those of Mary Summerland.In May 2014 Caroline Quinn had been “travelling with friends in the Kimberly region of Western Australia” (Lee), and, just as Mary did, Caroline claims she “did not realise that she was pregnant” when she went into labour (Independent.ie). She appears, like Mary Summerland, to have given birth alone, and also like Mary, when her child died due to unexplained circumstances she hid the corpse for several days. Also echoing Mary’s story, no person in the sparsely populated Hall’s Creek community (the town has a populace of 1,211) or any friends in Caroline’s circle of acquaintances appears to have noticed her pregnancy, nor did they realise that she had given birth to a baby until the body of the child was discovered hidden in a hotel room several days after her or his birth. The media records are unclear as to whether Caroline revealed her condition to her friends or whether they “discovered” the body without her assistance. The case was not brought to the attention of authorities until Caroline’s friends took her to receive medical attention at the local hospital and staff there notified the police.Media coverage of the death of Caroline Quinn’s baby suggests her child was stillborn or died soon after birth. As of 13 August 2014 Caroline was granted leave by the Chief Magistrate to return home to Ireland while she awaited her trial, as “without trivialising the matter, nothing more serious was alleged than the concealing of the birth” (Collins, "Irish Woman"). Caroline Quinn was not required to return to Australia to appear at her trial and when the case was presented at the Perth Magistrates Court on Thursday 2 October, all charges against her were dropped as the prosecutor felt “it was not in the public interest” to proceed with legal action (Collins, "Case").Statutory MarginalisationTo understand the similarities between the behaviours of, and legal and medical response to, Mary Summerland and Caroline Quinn, it is important to situate the deaths of their children within the wider context of child murder, concealment of birth and “bastardy” law. Tracing the development of these methods of law-making clarifies the parallels between much of the child murder, infanticide and concealment of birth narrative that has occurred in Western Australia since non-Aboriginal settlement.Despite the isolated nature of Western Australia, the nearly 400 years since the law was formed in England, and the extremely remote rural locations where both these women lived and worked, their stories are remarkably alike. It is almost as if there were a written script and each member of the cast knew what role to play: both Mary and Caroline knew to hide their pregnancies, to deny the overwhelmingly traumatic experience of giving birth alone, and to conceal the corpses of their babies. The fathers of their children appear to have cut off any connection to the women or their child. The family, friends, or employers of the parents of the dead babies knew to pretend that they did not know that the mother was pregnant or who the father was. The police and medical officers knew to charge these women and to collect evidence that could be used to simultaneously meet the needs of the both prosecution and the defence when the cases were brought to trial.In reference to Mary Summerland’s case, in colonial Western Australia when a woman gave birth to an infant who died under suspicious circumstances, she could be prosecuted with two charges: “child murder” and/or “concealment of birth”. It is suggestive that Mary may have been charged with both. The laws regarding these two offences were focused almost exclusively on the deaths of unlicensed children and were so deeply interconnected they are difficult to untangle. For Probyn, shame pierces the centre of who we think we are, “what makes it remarkable is that it reveals with precision our values, hopes and aspirations, beyond the generalities of good manners and cultured norms” (x). Dipping into the streams of legal and medical discourse that flow back to the seventeenth century highlights the pervasiveness of discourses marginalising single women and their children. This situates Mary Summerland and Caroline Quinn within a ‘burden on society’ narrative of guilt, blame and shame that has been in circulation for over 500 years, and continues to resonate in the present (Coull).An Act to Prevent the Destroying and Murthering of Bastard ChildrenIn England prior to the 17th century, penalties for extramarital sex, the birth and/or maintenance of unlicensed children or for committing child murder were expressed through church courts (Damme 2-6; Rapaport 548; Butler 61; Hoffer and Hull 3-4). Discussion of how the punishment of child murder left the religious sphere and came to be regulated by secular laws that were focused exclusively on the unlicensed mother points to two main arguments: firstly, the patriarchal response to unlicensed (particularly female) sexuality; and secondly, a moral panic regarding a perceived rise in unlicensed pregnancies in women of the lower classes, and the resulting financial burden placed on local parishes to support unwanted, unlicensed children (Rapaport 532, 48-52; McMahon XVII, 126-29; Osborne 49; Meyer 3-8 of 14). In many respects, as Meyer suggests, “the legal system subtly encouraged neonaticide through its nearly universally negative treatment of bastard children” (240).The first of these “personal control laws” (Hoffer and Hull 13) was the Old Poor Law created by Henry VIII in 1533, and put in place to regulate all members of English society who needed to rely on the financial assistance of the parish to survive. Prior to 1533, “by custom the children of the rich depended on their relations, while the ‘fatherless poor’ relied on the charity of the monastic institutions and the municipalities” (Teichman 60-61). Its implementation marks the historical point where the state began to take responsibility for maintenance of the poor away from the church by holding communities responsible for “the problem of destitution” (Teichman 60-61; Meyer 243).The establishment of the poor law system of relief created a hierarchy of poverty in which some poor people, such as those suffering from sickness or those who were old, were seen as worthy of receiving support, while others, who were destitute as a result of “debauchery” or other self-inflicted means were seen as undeserving and sent to a house of correction or common gaol. Underprivileged, unlicensed mothers and their children were seen to be part of the category of recipients unfit for help (Jackson 31). Burdens on SocietyIt was in response to the narrative of poor unlicensed women and their children being undeserving fiscal burdens on law abiding, financially stretched community members that in 1576 a law targeted specifically at holding genetic parents responsible for the financial maintenance of unlicensed children entered the secular courts for the first time. Called the Elizabethan Poor Law it was enacted in response to the concerns of local parishes who felt that, due to the expenses exacted by the poor laws, they were being burdened with the care of a greatly increased number of unlicensed children (Jackson 30; Meyer 5-6; Teichman 61). While the 1576 legislation prosecuted both parents of unlicensed children, McMahon interprets the law as being created in response to a blend of moral and economic forces, undergirded by a deep, collective fear of illegitimacy (McMahon 128). By the 1570s “unwed mothers were routinely whipped and sent to prison” (Meyer 242) and “guardians of the poor” could force unlicensed mothers to wear a “badge” (Teichman 63). Yet surprisingly, while parishes felt that numbers of unlicensed children were increasing, no concomitant rise was actually recorded (McMahon 128).The most damning evidence of the failure of this law, was the surging incidence of infanticide following its implementation (Rapaport 548-49; Hoffer and Hull 11-13). After 1576 the number of women prosecuted for infanticide increased by 225 percent. Convictions resulting in unlicensed mothers being executed also rose (Meyer 246; Hoffer and Hull 8, 18).Infanticide IncreasesBy 1624 the level of infanticide in local communities was deemed to be so great An Act to Prevent the Destroying and Murthering of Bastard Children was created. The Act made child murder a “sex-specific crime”, focused exclusively on the unlicensed mother, who if found guilty of the offence was punished by death. Probyn suggests that “shame is intimately social” (77) and indeed, the wording of An Act to Prevent highlights the remarkably similar behaviours enacted by single women desperate to avoid the shame and criminal implication linked to the social position of unlicensed mother: Whereas many lewd Women that have been delivered of Bastard Children, to avoyd their shame and to escape punishment [my italics], doe secretlie bury, or conceale the Death of their Children, and after if the child be found dead the said Women doe alleadge that the said Children were borne dead;…For the preventing therefore of this great Mischiefe…if any Woman…be delivered of any issue of the Body, Male or Female, which being born alive, should by the Lawes of this Realm be a bastard, and that she endeavour privatlie either by drowning or secret burying thereof, or any other way, either by herselfe of the procuring of others, soe to conceale the Death thereof, as that it may not come to light, whether it be borne alive or not, but be concealed, in every such Case the Mother so offending shall suffer Death… (Davies 214; O'Donovan 259; Law Reform Commission of Western Australia 104; Osborne 49; Rose 1-2; Rapaport 548). An Act to Prevent also “contained an extraordinary provision which was a reversion of the ordinary common law presumption of dead birth” (Davies 214), removing the burden of proof from the prosecution and placing it on the defence (Francus 133; McMahon 128; Meyer 2 of 14). The implication being that if the dead body of a newborn, unlicensed baby was found hidden, it was automatically assumed that the child had been murdered by their mother (Law Reform Commission of Western Australia 104; Osborne 49; Rapaport 549-50; Francus 133). This made the Act unusual in that “the offence involved was the concealment of death rather than the death itself” (O'Donovan 259). The only way an unlicensed mother charged with child murder was able to avoid capital punishment was to produce at least one witness to give evidence that the child was “borne dead” (Law Reform Commission of Western Australia 104; Meyer 238; McMahon 126-27).Remarkable SimilaritiesClearly, the objective of An Act to Prevent was not simply to preserve infant life. It is suggestive that it was enacted in response to women wishing to avoid the legal, social, corporal and religious punishment highlighted by the implementation of the poor law legislation enacted throughout earlier centuries. It is also suggestive that these pressures were so powerful that threat of death if found guilty of killing their neonate baby was not enough to deter women from concealing their unlicensed pregnancies and committing child murder. Strikingly analogous to the behaviours of Mary Summerland in 19th century colonial Western Australia, and Caroline Quinn in 2014, the self-preservation implicit in the “strategies of secrecy” (Gowing 87) surrounding unlicensed birth and child murder often left the mother of a dead baby as the only witness to her baby’s death (McMahon xvii 49-50).An Act to Prevent set in motion the legislation that was eventually used to prosecute Mary Summerland in colonial Western Australia (Jackson 7, Davies, 213) and remnants of it still linger in the present where they have been incorporated into the ‘concealment of birth law’ that prosecuted Caroline Quinn (Legal Online TLA [10.1.182]).Changing the ‘Script’Shame runs like a viral code through the centuries to resonate within the legal response to women who committed infanticide in colonial Western Australia. It continues on through the behaviours of, and legal responses to, the story of Caroline Quinn and her child. As Probyn observes, “shame reminds us about the promises we keep to ourselves” in turn revealing our desire for belonging and elements of our deepest fears (p. x). While Caroline may live in a society that no longer outwardly condemns women who give birth outside of marriage, it is fascinating that the suite of behaviours manifested in response to her pregnancy and the birth of her child—by herself, her friends, and the wider community—can be linked to the narratives surrounding the formation of “child murder” and “concealment” law nearly 400 years earlier. Caroline’s narrative also encompasses similar behaviours enacted by Mary Summerland in 1832, in particular that Caroline knew to say that her child was “born dead” and that she had merely concealed her or his body—nothing more. This behaviour appears to have secured the release of both women as although both Mary and Caroline faced criminal investigation, neither was convicted of any crime. Yet, neither of these women or their small communities were alone in their responses. My research has uncovered 55 cases linked to child murder in Western Australia and the people involved in all of these incidences share unusually similar behaviours (Gardiner). Perhaps, it is only through the wider community becoming aware of the resonance of child murder law echoing through the centuries, that certain women who are pregnant with unwanted children will be able to write a different script for themselves, and their “unlicensed” children. ReferencesButler, Sara, M. "A Case of Indifference? Child Murder in Later Medieval England." Journal of Women's History 19.4 (2007): 59-82. Collins, Padraig. "Case against Irish Woman for Concealing Birth Dropped." The Irish Times 2 Oct. 2014. ---. "Irish Woman Held for Hiding Birth in Australia Allowed Return Home." The Irish Times 13 Aug. 2014. Coull, Kim. “The Womb Artist – A Novel: Translating Late Discovery Adoptee Pre-Verbal Trauma into Narrative”. Dissertation. Perth, WA: Edith Cowan University, 2014.Damme, Catherine. "Infanticide: The Worth of an Infant under Law." Medical History 22.1 (1978): 1-24. Davies, D.S. "Child-Killing in English Law." The Modern Law Review 1.3 (1937): 203-23. Dickinson, J.R., and J.A. Sharpe. "Infanticide in Early Modern England: The Court of Great Sessions at Chester, 1650-1800." Infanticide: Historical Perspectives on Child Murder and Concealment, 1550-2000. Ed. Mark Jackson. Hants: Ashgate, 2002. 35-51.Francus, Marilyn. "Monstrous Mothers, Monstrous Societies: Infanticide and the Rule of Law in Restoration and Eighteenth-Century England." Eighteenth-Century Life 21.2 (1997): 133-56. Gardiner, Amanda. "Sex, Death and Desperation: Infanticide, Neonaticide and Concealment of Birth in Colonial Western Australia." Dissertation. Perth, WA: Edith Cowan University, 2014.Gowing, Laura. "Secret Births and Infanticide in Seventeenth-Century England." Past & Present 156 (1997): 87-115. Hoffer, Peter C., and N.E.H. Hull. Murdering Mothers: Infanticide in England and New England 1558-1803. New York: New York University Press, 1984. Independent.ie. "Irish Woman Facing Up to Two Years in Jail for Concealing Death of Her Baby in Australia." 8 Aug. 2014. Law Reform Commission of Western Australia. "Chapter 3: Manslaughter and Other Homicide Offences." Review of the Law of Homicide: Final Report. Perth: Law Reform Commission of Western Australia, 2007. 85-117.Lee, Sally. "Irish Backpacker Charged over the Death of a Baby She Gave Birth to While Travelling in the Australia [sic] Outback." Daily Mail 8 Aug. 2014. Legal Online. "The Laws of Australia." Thomson Reuters 2010. McMahon, Vanessa. Murder in Shakespeare's England. London: Hambledon and London, 2004. Meyer, Jon'a. "Unintended Consequences for the Youngest Victims: The Role of Law in Encouraging Neonaticide from the Seventeenth to Nineteenth Centuries." Criminal Justice Studies 18.3 (2005): 237-54. O'Donovan, K. "The Medicalisation of Infanticide." Criminal Law Review (May 1984): 259-64. Osborne, Judith A. "The Crime of Infanticide: Throwing Out the Baby with the Bathwater." Canadian Journal of Family Law 6 (1987): 47-59. Rapaport, Elizabeth. "Mad Women and Desperate Girls: Infanticide and Child Murder in Law and Myth." Fordham Urban Law Journal 33.2 (2006): 527-69.Rose, Lionel. The Massacre of the Innocents: Infanticide in Britain, 1800-1939. London: Routledge & Kegan, 1986. Scheper-Hughes, Nancy. Death without Weeping: The Violence of Everyday Life in Brazil. Los Angeles: University of California Press, 1992. Swain, Shurlee, and Renate Howe. Single Mothers and Their Children: Disposal, Punishment and Survival in Australia. Cambridge: Cambridge University Press, 1995. Teichman, Jenny. Illegitimacy: An Examination of Bastardy. Oxford: Cornell University Press, 1982. Toone, William. The Magistrate's Manual: Or a Summary of the Duties and Powers of a Justice of the Peace. 2nd ed. London: Joseph Butterworth and Son, 1817.
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Wise, Jenny, and Lesley McLean. "Making Light of Convicts." M/C Journal 24, no. 1 (March 15, 2021). http://dx.doi.org/10.5204/mcj.2737.

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Introduction The social roles of alcohol consumption are rich and varied, with different types of alcoholic beverages reflecting important symbolic and cultural meanings. Sparkling wine is especially notable for its association with secular and sacred celebrations. Indeed, sparkling wine is rarely drunk as a matter of routine; bottles of such wine signal special occasions, heightened by the formality and excitement associated with opening the bottle and controlling (or not!) the resultant fizz (Faith). Originating in England and France in the late 1600s, sparkling wine marked a dramatic shift in winemaking techniques, with winemakers deliberately adding “fizz” or bubbles to their product (Faith). The resulting effervescent wines were first enjoyed by the social elite of European society, signifying privilege, wealth, luxury and nobility; however, new techniques for producing, selling and distributing the wines created a mass consumer culture (Guy). Production of Australian sparkling wines began in the late nineteenth century and consumption remains popular. As a “new world” country – that is, one not located in the wine producing areas of Europe – Australian sparkling wines cannot directly draw on the same marketing traditions as those of the “old world”. One enterprising company, Treasury Wine Estates, markets a range of wines, including a sparkling variety, called 19 Crimes, that draws, not on European traditions tied to luxury, wealth and prestige, but Australia’s colonial history. Using Augmented Reality and interactive story-telling, 19 Crimes wine labels feature convicts who had committed one or more of 19 crimes punishable by transportation to Australia from Britain. The marketing of sparkling wine using convict images and convict stories of transportation have not diminished the celebratory role of consuming “bubbly”. Rather, in exploring the marketing techniques employed by the company, particularly when linked to the traditional drink of celebration, we argue that 19 Crimes, while fun and informative, nevertheless romanticises convict experiences and Australia’s convict past. Convict Heritage and Re-Appropriating the Convict Image Australia’s cultural heritage is undeniably linked to its convict past. Convicts were transported to Australia from England and Ireland over an 80-year period between 1788-1868. While the convict system in Australia was not predominantly characterised by incarceration and institutionalisation (Jones 18) the work they performed was often forced and physically taxing, and food and clothing shortages were common. Transportation meant exile, and “it was a fierce punishment that ejected men, women and children from their homelands into distant and unknown territories” (Bogle 23). Convict experiences of transportation often varied and were dependent not just on the offender themselves (for example their original crime, how willing they were to work and their behaviour), but also upon the location they were sent to. “Normal” punishment could include solitary confinement, physical reprimands (flogging) or hard labour in chain gangs. From the time that transportation ceased in the mid 1800s, efforts were made to distance Australia’s future from the “convict stain” of its past (Jones). Many convict establishments were dismantled or repurposed with the intent of forgetting the past, although some became sites of tourist visitation from the time of closure. Importantly, however, the wider political and social reluctance to engage in discourse regarding Australia’s “unsavoury historical incident” of its convict past continued up until the 1970s (Jones 26). During the 1970s Australia’s convict heritage began to be discussed more openly, and indeed, more favourably (Welch 597). Many today now view Australia’s convicts as “reluctant pioneers” (Barnard 7), and as such they are celebrated within our history. In short, the convict heritage is now something to be celebrated rather than shunned. This celebration has been capitalised upon by tourist industries and more recently by wine label 19 Crimes. “19 Crimes: Cheers to the Infamous” The Treasury Wine Estates brand launched 19 Crimes in 2011 to a target population of young men aged between 18 and 34 (Lyons). Two limited edition vintages sold out in 2011 with “virtually no promotion” (19 Crimes, “Canadians”). In 2017, 19 Crimes became the first wine to use an Augmented Reality (AR) app (the app was later renamed Living Wines Labels in 2018) that allowed customers to hover their [smart] phone in front of a bottle of the wine and [watch] mugshots of infamous 18th century British criminals come to life as 3D characters who recount their side of the story. Having committed at least one of the 19 crimes punishable by exile to Australia, these convicts now humor and delight wine drinkers across the globe. (Lirie) Given the target audience of the 19 Crimes wine was already 18-34 year old males, AR made sense as a marketing technique. Advertisers are well aware the millennial generation is “digitally empowered” and the AR experience was created to not only allow “consumers to engage with 19 Crimes wines but also explore some of the stories of Australia’s convict past … [as] told by the convicts-turned-colonists themselves!” (Lilley cited in Szentpeteri 1-2). The strategy encourages people to collect convicts by purchasing other 19 Crimes alcohol to experience a wider range of stories. The AR has been highly praised: they [the labels] animate, explaining just what went down and giving a richer experience to your beverage; engaging both the mind and the taste buds simultaneously … . ‘A fantastic app that brings a little piece of history to life’, writes one user on the Apple app store. ‘I jumped out of my skin when the mugshot spoke to me’. (Stone) From here, the success of 19 Crimes has been widespread. For example, in November 2020, media reports indicated that 19 Crimes red wine was the most popular supermarket wine in the UK (Lyons; Pearson-Jones). During the UK COVID lockdown in 2020, 19 Crimes sales increased by 148 per cent in volume (Pearson-Jones). This success is in no small part to its innovative marketing techniques, which of course includes the AR technology heralded as a way to enhance the customer experience (Lirie). The 19 Crimes wine label explicitly celebrates infamous convicts turned settlers. The website “19 Crimes: Cheers to the Infamous” incorporates ideas of celebration, champagne and bubbles by encouraging people to toast their mates: the convicts on our wines are not fiction. They were of flesh and blood, criminals and scholars. Their punishment of transportation should have shattered their spirits. Instead, it forged a bond stronger than steel. Raise a glass to our convict past and the principles these brave men and women lived by. (19 Crimes, “Cheers”) While using alcohol, and in particular sparkling wine, to participate in a toasting ritual is the “norm” for many social situations, what is distinctive about the 19 Crimes label is that they have chosen to merchandise and market known offenders for individuals to encounter and collect as part of their drinking entertainment. This is an innovative and highly popular concept. According to one marketing company: “19 Crimes Wines celebrate the rebellious spirit of the more than 160,000 exiled men and women, the rule breakers and law defying citizens that forged a new culture and national spirit in Australia” (Social Playground). The implication is that by drinking this brand of [sparkling] wine, consumers are also partaking in celebrating those convicts who “forged” Australian culture and national spirit. In many ways, this is not a “bad thing”. 19 Crimes are promoting Australian cultural history in unique ways and on a very public and international scale. The wine also recognises the hard work and success stories of the many convicts that did indeed build Australia. Further, 19 Crimes are not intentionally minimising the experiences of convicts. They implicitly acknowledge the distress felt by convicts noting that it “should have shattered their spirits”. However, at times, the narratives and marketing tools romanticise the convict experience and culturally reinterpret a difficult experience into one of novelty. They also tap into Australia’s embracement of larrikinism. In many ways, 19 Crimes are encouraging consumers to participate in larrikin behaviour, which Bellanta identifies as being irreverent, mocking authority, showing a disrespect for social subtleties and engaging in boisterous drunkenness with mates. Celebrating convict history with a glass of bubbly certainly mocks authority, as does participating in cultural practices that subvert original intentions. Several companies in the US and Europe are now reportedly offering the service of selling wine bottle labels with customisable mugshots. Journalist Legaspi suggests that the perfect gift for anyone who wants a sparkling wine or cider to toast with during the Yuletide season would be having a customisable mugshot as a wine bottle label. The label comes with the person’s mugshot along with a “goofy ‘crime’ that fits the person-appealing” (Sotelo cited in Legaspi). In 2019, Social Playground partnered with MAAKE and Dan Murphy's stores around Australia to offer customers their own personalised sticker mugshots that could be added to the wine bottles. The campaign was intended to drive awareness of 19 Crimes, and mugshot photo areas were set up in each store. Customers could then pose for a photo against the “mug shot style backdrop. Each photo was treated with custom filters to match the wine labels actual packaging” and then printed on a sticker (Social Playground). The result was a fun photo moment, delivered as a personalised experience. Shoppers were encouraged to purchase the product to personalise their bottle, with hundreds of consumers taking up the offer. With instant SMS delivery, consumers also received a branded print that could be shared so [sic] social media, driving increased brand awareness for 19 Crimes. (Social Playground) While these customised labels were not interactive, they lent a unique and memorable spin to the wine. In many circumstances, adding personalised photographs to wine bottles provides a perfect and unique gift; yet, could be interpreted as making light of the conditions experienced by convicts. However, within our current culture, which celebrates our convict heritage and embraces crime consumerism, the reframing of a mugshot from a tool used by the State to control into a novelty gift or memento becomes culturally acceptable and desirable. Indeed, taking a larrikin stance, the reframing of the mugshot is to be encouraged. It should be noted that while some prisons were photographing criminals as early as the 1840s, it was not common practice before the 1870s in England. The Habitual Criminals Act of 1869 has been attributed with accelerating the use of criminal photographs, and in 1871 the Crimes Prevention Act mandated the photographing of criminals (Clark). Further, in Australia, convicts only began to be photographed in the early 1870s (Barnard) and only in Western Australia and Port Arthur (Convict Records, “Resources”), restricting the availability of images which 19 Crimes can utilise. The marketing techniques behind 19 Crimes and the Augmented app offered by Living Wines Labels ensure that a very particular picture of the convicts is conveyed to its customers. As seen above, convicts are labelled in jovial terms such as “rule breakers”, having a “rebellious spirit” or “law defying citizens”, again linking to notions of larrikinism and its celebration. 19 Crimes have been careful to select convicts that have a story linked to “rule breaking, culture creating and overcoming adversity” (19 Crimes, “Snoop”) as well as convicts who have become settlers, or in other words, the “success stories”. This is an ingenious marketing strategy. Through selecting success stories, 19 Crimes are able to create an environment where consumers can enjoy their bubbly while learning about a dark period of Australia’s heritage. Yet, there is a distancing within the narratives that these convicts are actually “criminals”, or where their criminal behaviour is acknowledged, it is presented in a way that celebrates it. Words such as criminals, thieves, assault, manslaughter and repeat offenders are foregone to ensure that consumers are never really reminded that they may be celebrating “bad” people. The crimes that make up 19 Crimes include: Grand Larceny, theft above the value of one shilling. Petty Larceny, theft under one shilling. Buying or receiving stolen goods, jewels, and plate... Stealing lead, iron, or copper, or buying or receiving. Impersonating an Egyptian. Stealing from furnished lodgings. Setting fire to underwood. Stealing letters, advancing the postage, and secreting the money. Assault with an intent to rob. Stealing fish from a pond or river. Stealing roots, trees, or plants, or destroying them. Bigamy. Assaulting, cutting, or burning clothes. Counterfeiting the copper coin... Clandestine marriage. Stealing a shroud out of a grave. Watermen carrying too many passengers on the Thames, if any drowned. Incorrigible rogues who broke out of Prison and persons reprieved from capital punishment. Embeuling Naval Stores, in certain cases. (19 Crimes, “Crimes”) This list has been carefully chosen to fit the narrative that convicts were transported in the main for what now appear to be minimal offences, rather than for serious crimes which would otherwise have been punished by death, allowing the consumer to enjoy their bubbly without engaging too closely with the convict story they are experiencing. The AR experience offered by these labels provides consumers with a glimpse of the convicts’ stories. Generally, viewers are told what crime the convict committed, a little of the hardships they encountered and the success of their outcome. Take for example the transcript of the Blanc de Blancs label: as a soldier I fought for country. As a rebel I fought for cause. As a man I fought for freedom. My name is James Wilson and I fight to the end. I am not ashamed to speak the truth. I was tried for treason. Banished to Australia. Yet I challenged my fate and brought six of my brothers to freedom. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. While the contrived voice of James Wilson speaks about continual strain on the body and mind, and having to live in a “living tomb” [Australia] the actual difficulties experienced by convicts is not really engaged with. Upon further investigation, it is also evident that James Wilson was not an ordinary convict, nor was he strictly tried for treason. Information on Wilson is limited, however from what is known it is clear that he enlisted in the British Army at age 17 to avoid arrest when he assaulted a policeman (Snoots). In 1864 he joined the Irish Republican Brotherhood and became a Fenian; which led him to desert the British Army in 1865. The following year he was arrested for desertion and was convicted by the Dublin General Court Martial for the crime of being an “Irish rebel” (Convict Records, “Wilson”), desertion and mutinous conduct (photo from the Wild Geese Memorial cited in The Silver Voice). Prior to transportation, Wilson was photographed at Dublin Mountjoy Prison in 1866 (Manuscripts and Archives Division), and this is the photo that appears on the Blanc de Blancs label. He arrived in Fremantle, Western Australia on 9 January 1868. On 3 June 1869 Wilson “was sentenced to fourteen days solitary, confinement including ten days on bread and water” (photo from the Wild Geese Memorial cited in The Silver Voice) for an unknown offence or breach of conduct. A few years into his sentence he sent a letter to a fellow Fenian New York journalist John Devoy. Wilson wrote that his was a voice from the tomb. For is not this a living tomb? In the tomb it is only a man’s body is good for the worms but in this living tomb the canker worm of care enters the very soul. Think that we have been nearly nine years in this living tomb since our first arrest and that it is impossible for mind or body to withstand the continual strain that is upon them. One or the other must give way. (Wilson, 1874, cited in FitzSimons; emphasis added) Note the last two lines of the extract of the letter have been used verbatim by 19 Crimes to create their interactive label. This letter sparked a rescue mission which saw James Wilson and five of his fellow prisoners being rescued and taken to America where Wilson lived out his life (Reid). This escape has been nicknamed “The Great Escape” and a memorial was been built in 2005 in Rockingham where the escape took place. While 19 Crimes have re-created many elements of Wilson’s story in the interactive label, they have romanticised some aspects while generalising the conditions endured by convicts. For example, citing treason as Wilson’s crime rather than desertion is perhaps meant to elicit more sympathy for his situation. Further, the selection of a Fenian convict (who were often viewed as political prisoners that were distinct from the “criminal convicts”; Amos) allows 19 Crimes to build upon narratives of rule breaking by focussing on a convict who was sent to Australia for fighting for what he believed in. In this way, Wilson may not be seen as a “real” criminal, but rather someone to be celebrated and admired. Conclusion As a “new world” producer of sparkling wine, it was important for 19 Crimes to differentiate itself from the traditionally more sophisticated market of sparkling-wine consumers. At a lower price range, 19 Crimes caters to a different, predominantly younger, less wealthy clientele, who nevertheless consume alcoholic drinks symbolic to the occasion. The introduction of an effervescent wine to their already extensive collection encourages consumers to buy their product to use in celebratory contexts where the consumption of bubbly defines the occasion. The marketing of Blanc de Blancs directly draws upon ideas of celebration whilst promoting an image and story of a convict whose situation is admired – not the usual narrative that one associates with celebration and bubbly. Blanc de Blancs, and other 19 Crimes wines, celebrate “the rules they [convicts] broke and the culture they built” (19 Crimes, “Crimes”). This is something that the company actively promotes through its website and elsewhere. Using AR, 19 Crimes are providing drinkers with selective vantage points that often sensationalise the reality of transportation and disengage the consumer from that reality (Wise and McLean 569). Yet, 19 Crimes are at least engaging with the convict narrative and stimulating interest in the convict past. Consumers are being informed, convicts are being named and their stories celebrated instead of shunned. Consumers are comfortable drinking bubbly from a bottle that features a convict because the crimes committed by the convict (and/or to the convict by the criminal justice system) occurred so long ago that they have now been romanticised as part of Australia’s colourful history. The mugshot has been re-appropriated within our culture to become a novelty or fun interactive experience in many social settings. For example, many dark tourist sites allow visitors to take home souvenir mugshots from decommissioned police and prison sites to act as a memento of their visit. The promotional campaign for people to have their own mugshot taken and added to a wine bottle, while now a cultural norm, may diminish the real intent behind a mugshot for some people. For example, while drinking your bubbly or posing for a fake mugshot, it may be hard to remember that at the time their photographs were taken, convicts and transportees were “ordered to sit for the camera” (Barnard 7), so as to facilitate State survelliance and control over these individuals (Wise and McLean 562). Sparkling wine, and the bubbles that it contains, are intended to increase fun and enjoyment. Yet, in the case of 19 Crimes, the application of a real-life convict to a sparkling wine label adds an element of levity, but so too novelty and romanticism to what are ultimately narratives of crime and criminal activity; thus potentially “making light” of the convict experience. 19 Crimes offers consumers a remarkable way to interact with our convict heritage. The labels and AR experience promote an excitement and interest in convict heritage with potential to spark discussion around transportation. The careful selection of convicts and recognition of the hardships surrounding transportation have enabled 19 Crimes to successfully re-appropriate the convict image for celebratory occasions. References 19 Crimes. “Cheers to the Infamous.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com>. ———. “The 19 Crimes.” 19 Crimes, 2020. 14 Dec. 2020 <https://www.19crimes.com/en-au/the-19-crimes>. ———. “19 Crimes Announces Multi-Year Partnership with Entertainment Icon Snoop Dogg.” PR Newswire 16 Apr. 2020. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-announces-multi-year-partnership-with-entertainment-icon-snoop-dogg-301041585.html>. ———. “19 Crimes Canadians Not Likely to Commit, But Clamouring For.” PR Newswire 10 Oct. 2013. 15 Dec. 2020 <https://www.prnewswire.com/news-releases/19-crimes-canadians-not-likely-to-commit-but-clamouring-for-513086721.html>. Amos, Keith William. The Fenians and Australia c 1865-1880. Doctoral thesis, UNE, 1987. <https://hdl.handle.net/1959.11/12781>. Barnard, Edwin. Exiled: The Port Arthur Convict Photographs. Canberra: National Library of Australia, 2010. Bellanta, Melissa. Larrikins: A History. University of Queensland Press. Bogle, Michael. Convicts: Transportation and Australia. Sydney: Historic Houses Trust of New South Wales, 2008. Clark, Julia. ‘Through a Glass, Darkly’: The Camera, the Convict and the Criminal Life. PhD Dissertation, University of Tasmania, 2015. Convict Records. “James Wilson.” Convict Records 2020. 15 Dec. 2020 <https://convictrecords.com.au/convicts/wilson/james/72523>. ———. “Convict Resources.” Convict Records 2021. 23 Feb. 2021 <https://convictrecords.com.au/resources>. Faith, Nicholas. The Story of Champagne. Oxford: Infinite Ideas, 2016. FitzSimons, Peter. “The Catalpa: How the Plan to Break Free Irish Prisoners in Fremantle Was Hatched, and Funded.” Sydney Morning Herald 21 Apr. 2019. 15 Dec. 2020 <https://www.smh.com.au/entertainment/books/the-catalpa-how-the-plan-to-break-free-irish-prisoners-in-fremantle-was-hatched-and-funded-20190416-p51eq2.html>. Guy, Kolleen. When Champagne Became French: Wine and the Making of a National identity. Baltimore, Maryland: Johns Hopkins UP, 2007. Jones, Jennifer Kathleen. Historical Archaeology of Tourism at Port Arthur, Tasmania, 1885-1960. PhD Dissertation, Simon Fraser University, 2016. Legaspi, John. “Need a Wicked Gift Idea? Try This Wine Brand’s Customizable Bottle Label with Your Own Mugshot.” Manila Bulletin 18 Nov. 2020. 14 Dec. 2020 <https://mb.com.ph/2020/11/18/need-a-wicked-gift-idea-try-this-wine-brands-customizable-bottle-label-with-your-own-mugshot/>. Lirie. “Augmented Reality Example: Marketing Wine with 19 Crimes.” Boot Camp Digital 13 Mar. 2018. 15 Dec. 2020 <https://bootcampdigital.com/blog/augmented-reality-example-marketing-wine-19-crimes/>. Lyons, Matthew. “19 Crimes Named UK’s Favourite Supermarket Wine.” Harpers 23 Nov. 2020. 14 Dec. 2020 <https://harpers.co.uk/news/fullstory.php/aid/28104/19_Crimes_named_UK_s_favourite_supermarket_wine.html>. Manuscripts and Archives Division, The New York Public Library. "John O'Reilly, 10th Hussars; Thomas Delany; James Wilson, See James Thomas, Page 16; Martin Hogan, See O'Brien, Same Page (16)." The New York Public Library Digital Collections. 1866. <https://digitalcollections.nypl.org/items/510d47dc-9768-a3d9-e040-e00a18064a99>. Pearson-Jones, Bridie. “Cheers to That! £9 Bottle of Australian Red Inspired by 19 Crimes That Deported Convicts in 18th Century Tops List as UK’s Favourite Supermarket Wine.” Daily Mail 22 Nov. 2020. 14 Dec. 2020 <https://www.dailymail.co.uk/femail/food/article-8933567/19-Crimes-Red-UKs-favourite-supermarket-wine.html>. Reid, Richard. “Object Biography: ‘A Noble Whale Ship and Commander’ – The Catalpa Rescue, April 1876.” National Museum of Australia n.d. 15 Dec. 2020 <https://www.nma.gov.au/__data/assets/pdf_file/0015/2553/NMA_Catalpa.pdf>. Snoots, Jen. “James Wilson.” Find A Grave 2007. 15 Dec. 2020 <https://www.findagrave.com/memorial/19912884/james-wilson>. Social Playground. “Printing Wine Labels with 19 Crimes.” Social Playground 2019. 14 Dec. 2020 <https://www.socialplayground.com.au/case-studies/maake-19-crimes>. Stone, Zara. “19 Crimes Wine Is an Amazing Example of Adult Targeted Augmented Reality.” Forbes 12 Dec. 2017. 15 Dec. 2020 <https://www.forbes.com/sites/zarastone/2017/12/12/19-crimes-wine-is-an-amazing-example-of-adult-targeted-augmented-reality/?sh=492a551d47de>. Szentpeteri, Chloe. “Sales and Marketing: Label Design and Printing: Augmented Reality Bringing Bottles to Life: How Treasury Wine Estates Forged a New Era of Wine Label Design.” Australian and New Zealand Grapegrower and Winemaker 654 (2018): 84-85. The Silver Voice. “The Greatest Propaganda Coup in Fenian History.” A Silver Voice From Ireland 2017. 15 Dec. 2020 <https://thesilvervoice.wordpress.com/tag/james-wilson/>. Welch, Michael. “Penal Tourism and the ‘Dream of Order’: Exhibiting Early Penology in Argentina and Australia.” Punishment & Society 14.5 (2012): 584-615. Wise, Jenny, and Lesley McLean. “Pack of Thieves: The Visual Representation of Prisoners and Convicts in Dark Tourist Sites.” The Palgrave Handbook of Incarceration in Popular Culture. Eds. Marcus K. Harmes, Meredith A. Harmes, and Barbara Harmes. Switzerland: Palgrave Macmillan, 2020. 555-73.
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25

Ibrahim, Yasmin. "Commodifying Terrorism." M/C Journal 10, no. 3 (June 1, 2007). http://dx.doi.org/10.5204/mcj.2665.

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Abstract:
Introduction Figure 1 The counter-Terrorism advertising campaign of London’s Metropolitan Police commodifies some everyday items such as mobile phones, computers, passports and credit cards as having the potential to sustain terrorist activities. The process of ascribing cultural values and symbolic meanings to some everyday technical gadgets objectifies and situates Terrorism into the everyday life. The police, in urging people to look out for ‘the unusual’ in their normal day-to-day lives, juxtapose the everyday with the unusual, where day-to-day consumption, routines and flows of human activity can seemingly house insidious and atavistic elements. This again is reiterated in the Met police press release: Terrorists live within our communities making their plans whilst doing everything they can to blend in, and trying not to raise suspicions about their activities. (MPA Website) The commodification of Terrorism through uncommon and everyday objects situates Terrorism as a phenomenon which occupies a liminal space within the everyday. It resides, breathes and co-exists within the taken-for-granted routines and objects of ‘the everyday’ where it has the potential to explode and disrupt without warning. Since 9/11 and the 7/7 bombings Terrorism has been narrated through the disruption of mobility, whether in mid-air or in the deep recesses of the Underground. The resonant thread of disruption to human mobility evokes a powerful meta-narrative where acts of Terrorism can halt human agency amidst the backdrop of the metropolis, which is often a metaphor for speed and accelerated activities. If globalisation and the interconnected nature of the world are understood through discourses of risk, Terrorism bears the same footprint in urban spaces of modernity, narrating the vulnerability of the human condition in an inter-linked world where ideological struggles and resistance are manifested through inexplicable violence and destruction of lives, where the everyday is suspended to embrace the unexpected. As a consequence ambient fear “saturates the social spaces of everyday life” (Hubbard 2). The commodification of Terrorism through everyday items of consumption inevitably creates an intertextuality with real and media events, which constantly corrode the security of the metropolis. Paddy Scannell alludes to a doubling of place in our mediated world where “public events now occur simultaneously in two different places; the place of the event itself and that in which it is watched and heard. The media then vacillates between the two sites and creates experiences of simultaneity, liveness and immediacy” (qtd. in Moores 22). The doubling of place through media constructs a pervasive environment of risk and fear. Mark Danner (qtd. in Bauman 106) points out that the most powerful weapon of the 9/11 terrorists was that innocuous and “most American of technological creations: the television set” which provided a global platform to constantly replay and remember the dreadful scenes of the day, enabling the terrorist to appear invincible and to narrate fear as ubiquitous and omnipresent. Philip Abrams argues that ‘big events’ (such as 9/11 and 7/7) do make a difference in the social world for such events function as a transformative device between the past and future, forcing society to alter or transform its perspectives. David Altheide points out that since September 11 and the ensuing war on terror, a new discourse of Terrorism has emerged as a way of expressing how the world has changed and defining a state of constant alert through a media logic and format that shapes the nature of discourse itself. Consequently, the intensity and centralisation of surveillance in Western countries increased dramatically, placing the emphasis on expanding the forms of the already existing range of surveillance processes and practices that circumscribe and help shape our social existence (Lyon, Terrorism 2). Normalisation of Surveillance The role of technologies, particularly information and communication technologies (ICTs), and other infrastructures to unevenly distribute access to the goods and services necessary for modern life, while facilitating data collection on and control of the public, are significant characteristics of modernity (Reiman; Graham and Marvin; Monahan). The embedding of technological surveillance into spaces and infrastructures not only augment social control but also redefine data as a form of capital which can be shared between public and private sectors (Gandy, Data Mining; O’Harrow; Monahan). The scale, complexity and limitations of omnipresent and omnipotent surveillance, nevertheless, offer room for both subversion as well as new forms of domination and oppression (Marx). In surveillance studies, Foucault’s analysis is often heavily employed to explain lines of continuity and change between earlier forms of surveillance and data assemblage and contemporary forms in the shape of closed-circuit television (CCTV) and other surveillance modes (Dee). It establishes the need to discern patterns of power and normalisation and the subliminal or obvious cultural codes and categories that emerge through these arrangements (Fopp; Lyon, Electronic; Norris and Armstrong). In their study of CCTV surveillance, Norris and Armstrong (cf. in Dee) point out that when added to the daily minutiae of surveillance, CCTV cameras in public spaces, along with other camera surveillance in work places, capture human beings on a database constantly. The normalisation of surveillance, particularly with reference to CCTV, the popularisation of surveillance through television formats such as ‘Big Brother’ (Dee), and the expansion of online platforms to publish private images, has created a contradictory, complex and contested nature of spatial and power relationships in society. The UK, for example, has the most developed system of both urban and public space cameras in the world and this growth of camera surveillance and, as Lyon (Surveillance) points out, this has been achieved with very little, if any, public debate as to their benefits or otherwise. There may now be as many as 4.2 million CCTV cameras in Britain (cf. Lyon, Surveillance). That is one for every fourteen people and a person can be captured on over 300 cameras every day. An estimated £500m of public money has been invested in CCTV infrastructure over the last decade but, according to a Home Office study, CCTV schemes that have been assessed had little overall effect on crime levels (Wood and Ball). In spatial terms, these statistics reiterate Foucault’s emphasis on the power economy of the unseen gaze. Michel Foucault in analysing the links between power, information and surveillance inspired by Bentham’s idea of the Panopticon, indicated that it is possible to sanction or reward an individual through the act of surveillance without their knowledge (155). It is this unseen and unknown gaze of surveillance that is fundamental to the exercise of power. The design and arrangement of buildings can be engineered so that the “surveillance is permanent in its effects, even if it is discontinuous in its action” (Foucault 201). Lyon (Terrorism), in tracing the trajectory of surveillance studies, points out that much of surveillance literature has focused on understanding it as a centralised bureaucratic relationship between the powerful and the governed. Invisible forms of surveillance have also been viewed as a class weapon in some societies. With the advancements in and proliferation of surveillance technologies as well as convergence with other technologies, Lyon argues that it is no longer feasible to view surveillance as a linear or centralised process. In our contemporary globalised world, there is a need to reconcile the dialectical strands that mediate surveillance as a process. In acknowledging this, Giles Deleuze and Felix Guattari have constructed surveillance as a rhizome that defies linearity to appropriate a more convoluted and malleable form where the coding of bodies and data can be enmeshed to produce intricate power relationships and hierarchies within societies. Latour draws on the notion of assemblage by propounding that data is amalgamated from scattered centres of calculation where these can range from state and commercial institutions to scientific laboratories which scrutinise data to conceive governance and control strategies. Both the Latourian and Deleuzian ideas of surveillance highlight the disparate arrays of people, technologies and organisations that become connected to make “surveillance assemblages” in contrast to the static, unidirectional Panopticon metaphor (Ball, “Organization” 93). In a similar vein, Gandy (Panoptic) infers that it is misleading to assume that surveillance in practice is as complete and totalising as the Panoptic ideal type would have us believe. Co-optation of Millions The Metropolitan Police’s counter-Terrorism strategy seeks to co-opt millions where the corporeal body can complement the landscape of technological surveillance that already co-exists within modernity. In its press release, the role of civilian bodies in ensuring security of the city is stressed; Keeping Londoners safe from Terrorism is not a job solely for governments, security services or police. If we are to make London the safest major city in the world, we must mobilise against Terrorism not only the resources of the state, but also the active support of the millions of people who live and work in the capita. (MPA Website). Surveillance is increasingly simulated through the millions of corporeal entities where seeing in advance is the goal even before technology records and codes these images (William). Bodies understand and code risk and images through the cultural narratives which circulate in society. Compared to CCTV technology images, which require cultural and political interpretations and interventions, bodies as surveillance organisms implicitly code other bodies and activities. The travel bag in the Metropolitan Police poster reinforces the images of the 7/7 bombers and the renewed attempts to bomb the London Underground on the 21st of July. It reiterates the CCTV footage revealing images of the bombers wearing rucksacks. The image of the rucksack both embodies the everyday as well as the potential for evil in everyday objects. It also inevitably reproduces the cultural biases and prejudices where the rucksack is subliminally associated with a specific type of body. The rucksack in these terms is a laden image which symbolically captures the context and culture of risk discourses in society. The co-optation of the population as a surveillance entity also recasts new forms of social responsibility within the democratic polity, where privacy is increasingly mediated by the greater need to monitor, trace and record the activities of one another. Nikolas Rose, in discussing the increasing ‘responsibilisation’ of individuals in modern societies, describes the process in which the individual accepts responsibility for personal actions across a wide range of fields of social and economic activity as in the choice of diet, savings and pension arrangements, health care decisions and choices, home security measures and personal investment choices (qtd. in Dee). While surveillance in individualistic terms is often viewed as a threat to privacy, Rose argues that the state of ‘advanced liberalism’ within modernity and post-modernity requires considerable degrees of self-governance, regulation and surveillance whereby the individual is constructed both as a ‘new citizen’ and a key site of self management. By co-opting and recasting the role of the citizen in the age of Terrorism, the citizen to a degree accepts responsibility for both surveillance and security. In our sociological imagination the body is constructed both as lived as well as a social object. Erving Goffman uses the word ‘umwelt’ to stress that human embodiment is central to the constitution of the social world. Goffman defines ‘umwelt’ as “the region around an individual from which signs of alarm can come” and employs it to capture how people as social actors perceive and manage their settings when interacting in public places (252). Goffman’s ‘umwelt’ can be traced to Immanuel Kant’s idea that it is the a priori categories of space and time that make it possible for a subject to perceive a world (Umiker-Sebeok; qtd. in Ball, “Organization”). Anthony Giddens adapted the term Umwelt to refer to “a phenomenal world with which the individual is routinely ‘in touch’ in respect of potential dangers and alarms which then formed a core of (accomplished) normalcy with which individuals and groups surround themselves” (244). Benjamin Smith, in considering the body as an integral component of the link between our consciousness and our material world, observes that the body is continuously inscribed by culture. These inscriptions, he argues, encompass a wide range of cultural practices and will imply knowledge of a variety of social constructs. The inscribing of the body will produce cultural meanings as well as create forms of subjectivity while locating and situating the body within a cultural matrix (Smith). Drawing on Derrida’s work, Pugliese employs the term ‘Somatechnics’ to conceptualise the body as a culturally intelligible construct and to address the techniques in and through which the body is formed and transformed (qtd. in Osuri). These techniques can encompass signification systems such as race and gender and equally technologies which mediate our sense of reality. These technologies of thinking, seeing, hearing, signifying, visualising and positioning produce the very conditions for the cultural intelligibility of the body (Osuri). The body is then continuously inscribed and interpreted through mediated signifying systems. Similarly, Hayles, while not intending to impose a Cartesian dichotomy between the physical body and its cognitive presence, contends that the use and interactions with technology incorporate the body as a material entity but it also equally inscribes it by marking, recording and tracing its actions in various terrains. According to Gayatri Spivak (qtd. in Ball, “Organization”) new habits and experiences are embedded into the corporeal entity which then mediates its reactions and responses to the social world. This means one’s body is not completely one’s own and the presence of ideological forces or influences then inscribe the body with meanings, codes and cultural values. In our modern condition, the body and data are intimately and intricately bound. Outside the home, it is difficult for the body to avoid entering into relationships that produce electronic personal data (Stalder). According to Felix Stalder our physical bodies are shadowed by a ‘data body’ which follows the physical body of the consuming citizen and sometimes precedes it by constructing the individual through data (12). Before we arrive somewhere, we have already been measured and classified. Thus, upon arrival, the citizen will be treated according to the criteria ‘connected with the profile that represents us’ (Gandy, Panoptic; William). Following September 11, Lyon (Terrorism) reveals that surveillance data from a myriad of sources, such as supermarkets, motels, traffic control points, credit card transactions records and so on, was used to trace the activities of terrorists in the days and hours before their attacks, confirming that the body leaves data traces and trails. Surveillance works by abstracting bodies from places and splitting them into flows to be reassembled as virtual data-doubles, and in the process can replicate hierarchies and centralise power (Lyon, Terrorism). Mike Dee points out that the nature of surveillance taking place in modern societies is complex and far-reaching and in many ways insidious as surveillance needs to be situated within the broadest context of everyday human acts whether it is shopping with loyalty cards or paying utility bills. Physical vulnerability of the body becomes more complex in the time-space distanciated surveillance systems to which the body has become increasingly exposed. As such, each transaction – whether it be a phone call, credit card transaction, or Internet search – leaves a ‘data trail’ linkable to an individual person or place. Haggerty and Ericson, drawing from Deleuze and Guattari’s concept of the assemblage, describe the convergence and spread of data-gathering systems between different social domains and multiple levels (qtd. in Hier). They argue that the target of the generic ‘surveillance assemblage’ is the human body, which is broken into a series of data flows on which surveillance process is based. The thrust of the focus is the data individuals can yield and the categories to which they can contribute. These are then reapplied to the body. In this sense, surveillance is rhizomatic for it is diverse and connected to an underlying, invisible infrastructure which concerns interconnected technologies in multiple contexts (Ball, “Elements”). The co-opted body in the schema of counter-Terrorism enters a power arrangement where it constitutes both the unseen gaze as well as the data that will be implicated and captured in this arrangement. It is capable of producing surveillance data for those in power while creating new data through its transactions and movements in its everyday life. The body is unequivocally constructed through this data and is also entrapped by it in terms of representation and categorisation. The corporeal body is therefore part of the machinery of surveillance while being vulnerable to its discriminatory powers of categorisation and victimisation. As Hannah Arendt (qtd. in Bauman 91) had warned, “we terrestrial creatures bidding for cosmic significance will shortly be unable to comprehend and articulate the things we are capable of doing” Arendt’s caution conveys the complexity, vulnerability as well as the complicity of the human condition in the surveillance society. Equally it exemplifies how the corporeal body can be co-opted as a surveillance entity sustaining a new ‘banality’ (Arendt) in the machinery of surveillance. Social Consequences of Surveillance Lyon (Terrorism) observed that the events of 9/11 and 7/7 in the UK have inevitably become a prism through which aspects of social structure and processes may be viewed. This prism helps to illuminate the already existing vast range of surveillance practices and processes that touch everyday life in so-called information societies. As Lyon (Terrorism) points out surveillance is always ambiguous and can encompass genuine benefits and plausible rationales as well as palpable disadvantages. There are elements of representation to consider in terms of how surveillance technologies can re-present data that are collected at source or gathered from another technological medium, and these representations bring different meanings and enable different interpretations of life and surveillance (Ball, “Elements”). As such surveillance needs to be viewed in a number of ways: practice, knowledge and protection from threat. As data can be manipulated and interpreted according to cultural values and norms it reflects the inevitability of power relations to forge its identity in a surveillance society. In this sense, Ball (“Elements”) concludes surveillance practices capture and create different versions of life as lived by surveilled subjects. She refers to actors within the surveilled domain as ‘intermediaries’, where meaning is inscribed, where technologies re-present information, where power/resistance operates, and where networks are bound together to sometimes distort as well as reiterate patterns of hegemony (“Elements” 93). While surveillance is often connected with technology, it does not however determine nor decide how we code or employ our data. New technologies rarely enter passive environments of total inequality for they become enmeshed in complex pre-existing power and value systems (Marx). With surveillance there is an emphasis on the classificatory powers in our contemporary world “as persons and groups are often risk-profiled in the commercial sphere which rates their social contributions and sorts them into systems” (Lyon, Terrorism 2). Lyon (Terrorism) contends that the surveillance society is one that is organised and structured using surveillance-based techniques recorded by technologies, on behalf of the organisations and governments that structure our society. This information is then sorted, sifted and categorised and used as a basis for decisions which affect our life chances (Wood and Ball). The emergence of pervasive, automated and discriminatory mechanisms for risk profiling and social categorising constitute a significant mechanism for reproducing and reinforcing social, economic and cultural divisions in information societies. Such automated categorisation, Lyon (Terrorism) warns, has consequences for everyone especially in face of the new anti-terror measures enacted after September 11. In tandem with this, Bauman points out that a few suicidal murderers on the loose will be quite enough to recycle thousands of innocents into the “usual suspects”. In no time, a few iniquitous individual choices will be reprocessed into the attributes of a “category”; a category easily recognisable by, for instance, a suspiciously dark skin or a suspiciously bulky rucksack* *the kind of object which CCTV cameras are designed to note and passers-by are told to be vigilant about. And passers-by are keen to oblige. Since the terrorist atrocities on the London Underground, the volume of incidents classified as “racist attacks” rose sharply around the country. (122; emphasis added) Bauman, drawing on Lyon, asserts that the understandable desire for security combined with the pressure to adopt different kind of systems “will create a culture of control that will colonise more areas of life with or without the consent of the citizen” (123). This means that the inhabitants of the urban space whether a citizen, worker or consumer who has no terrorist ambitions whatsoever will discover that their opportunities are more circumscribed by the subject positions or categories which are imposed on them. Bauman cautions that for some these categories may be extremely prejudicial, restricting them from consumer choices because of credit ratings, or more insidiously, relegating them to second-class status because of their colour or ethnic background (124). Joseph Pugliese, in linking visual regimes of racial profiling and the shooting of Jean Charles de Menezes in the aftermath of 7/7 bombings in London, suggests that the discursive relations of power and visuality are inextricably bound. Pugliese argues that racial profiling creates a regime of visuality which fundamentally inscribes our physiology of perceptions with stereotypical images. He applies this analogy to Menzes running down the platform in which the retina transforms him into the “hallucinogenic figure of an Asian Terrorist” (Pugliese 8). With globalisation and the proliferation of ICTs, borders and boundaries are no longer sacrosanct and as such risks are managed by enacting ‘smart borders’ through new technologies, with huge databases behind the scenes processing information about individuals and their journeys through the profiling of body parts with, for example, iris scans (Wood and Ball 31). Such body profiling technologies are used to create watch lists of dangerous passengers or identity groups who might be of greater ‘risk’. The body in a surveillance society can be dissected into parts and profiled and coded through technology. These disparate codings of body parts can be assembled (or selectively omitted) to construct and represent whole bodies in our information society to ascertain risk. The selection and circulation of knowledge will also determine who gets slotted into the various categories that a surveillance society creates. Conclusion When the corporeal body is subsumed into a web of surveillance it often raises questions about the deterministic nature of technology. The question is a long-standing one in our modern consciousness. We are apprehensive about according technology too much power and yet it is implicated in the contemporary power relationships where it is suspended amidst human motive, agency and anxiety. 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