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How, and in what ways, does the penal system need to change for it to be considered sustainable, fair and 'fit for purpose'?

By, Charlotte Smith, Lucy Davies,

Harriet Lambert, Grace Sagua and

Zyrus Parnell

The Penal System

The penal system in England & Wales exists in order to punish and works as a part of the criminal justice system according to Cavadino et al. (2020). Offenders enter the penal system once sentenced by a court.

Underpinning Philosophies of punishment:

  • - Goals of punishment: forward looking vs backward looking.
  • - Justifications for punishment; incapacitation, reform/rehabilitation, incapacitation, retributive & restoration.

However, is it practical for the penal system to be able to do all of these at the same time?

Cavadino & Dignan (2013) highlight three Strategies A, B, C and how each shape the penal system.

Forms of punishment in England heavily exclude the offender from society, thus reintegration back into society can become more difficult. Therefore, a more inclusive approach may be best in order to maintain the offenders relationships with wider society and help them make amends.

The Penal System

References

Cavadino, M. and Dignan, J. (2020) The Penal System: An Introduction. 6th Edn. London: Sage.

Cavadino, M. and Dignan, J. (2013) The Penal System: An Introduction. 5th Edn. London: Sage.

Sustainablility Issues

->

Sustainable

Costs

Design

Longevity

Limited resources due to Government (ICRC, 2014)

Approach in Probation services (e.g CRCs) (NAO,2019)

Re offending (~30%) vs

Desisting ?

(Farral & Calvery, 2005)

(Reoffending Statistics Quarterly Bulletin,2017)

Reoffending -> Revictimisation?

(Ministry of Justice, 2018)

Crisis of Legitimacy for key players : e,g Offenders & Officers (Carrabine 2005)

(Minsistry of Justice, 2019)

Design, Costs and Longevity

Overcrowded prisons

Danger to public safety

(Senior, 2013)

Pains of Imprisonment Skyes (1958)

What is our penal system supposed to do?

Penal system challenged with reducing reoffending and crime

There are numerous ways to do this, including forward looking stances such as...

- Deterrence

- Incapacitation

- Rehabilitation

"The deterrence of the great majority of the population from serious criminal activity is always the consideration of first importance" Allen (1998, pp. 18-19).

Fit for purpose

What is it succeeding and failing at?

In 2019 just over 19,300 young offenders were sentenced which is 78% lower than the figure ten years ago.

There are also many things the penal system is failing at. For example how the penal system handles petty crime.

What is it succeeding and failing at?

What should the aims/values/goals of our penal system be?

The penal system should focus on fairness. People from ethnic minority backgrounds have been seen to be more likely get arrested compared to their white counterparts.

What should the aims/values/goals of our penal system be?

How do we sustain success, and prevent failure?

- strive for a more humanitarian view within our penal system

- Treating the prisoner with proper care, focusing on rehabilitation

- Making sure to give young offenders and petty crime offenders extra attention

How do we sustain success, and prevent failure?

Ministry of Justice (2013). Offender management statistics quarterly. [online] GOV.UK. Available at: https://www.gov.uk/government/collections/offender-management-statistics-quarterly.

Ministry of Justice (2016). Black, Asian and Minority Ethnic disproportionality in the Criminal Justice System in England and Wales. [online] GOV.UK. Available at: https://www.gov.uk/government/publications/black-asian-and-minority-ethnic-disproportionality-in-the-criminal-justice-system-in-england-and-wales [Accessed 10 Jan. 2020].

Ministry of Justice (2020). Youth Justice Statistics, England and Wales, April 2018 to March 2019. [online] GOV.UK. Available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/862078/youth-justice-statistics-bulletin-march-2019.pdf.

Allen, F. (1998). “The decline of the rehabilitative ideal”. In: A. Von Hirsch & A. Ashworth (Eds.) Principled sentencing. Readings on Theory and Policy. Oxford: Hart Publishing, pp. 14-19.

Tomlinson, K. (2016). “An examination of Deterrence Theory: Where do we stand”. Federal Probation, 80(3), pp. 33-38.

Harrison, K., 2020. Penology: Theory, Policy and Practice. Red Globe Press.

References

Overrepresentation of certain groups

Differential experiences

Aboriginal people are the most overrepresented

74,762 of 77,896 people in prison are male

30-39 year olds are the most overrepresented age group

Fair

References

Ministry of Justice (2021). Population bulletin: weekly 19 February 2021. [online]. Available at: https://www.gov.uk/government/statistics/prison-population-figures-2021

Prison population of England and Wales as of March 2019, by age group (2019). [online] Statista. Available at: https://www.statista.com/statistics/871987/prison-population-of-england-and-wales-by-age/

Roberts, J. (2003). ‘Evaluating the Pluses and Minuses of Custody: Sentencing Reform in England and Wales’. Howard Journal of Criminal Justice, 42: 229-47.

Weatherburn, D., Fitzgerald, J. and Hua, J., 2003. Reducing Aboriginal over‐representation in prison. Australian journal of public administration, 62(3), pp.65-73.

Developing country prisons less humane

Personal convictions effect prison experiences

Not all education is the same

Violence is less likely in bigger prisons

Differential experiences

References

Morris, P.K., 2008. Imprisoned in Jamaica: An exploratory study of inmate experiences and differential responses to prison life in a developing country. International Criminal Justice Review, 18(4), pp.435-454.

Farrington, D.P. and Nuttall, C.P., 1980. Prison size, overcrowding, prison violence, and recidivism. Journal of Criminal Justice, 8(4), pp.221-231.

What is the impact of penal populism?

What's the impact of penal populism?

Penal Populism, as defined by Roberts (2003) is allowing the electoral advantage of a policy to take precedence of its penal effectiveness.

Penal populism can have lots of impacts including

- Crisis of legitimacy

- Crisis of visibility

- Crisis of resources

New rules implemented - standardised education programme

More training - prevent police bias

Can we tackle the above issues?

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