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Prison Segregation: The Limits of Law [Hardback]

(Ph.D, University of Cambridge)
  • Formāts: Hardback, 270 pages, height x width: 234x156 mm, weight: 521 g, 2 Tables, black and white; 3 Line drawings, black and white; 3 Illustrations, black and white
  • Sērija : Directions and Developments in Criminal Justice and Law
  • Izdošanas datums: 21-Apr-2023
  • Izdevniecība: Routledge
  • ISBN-10: 1032330740
  • ISBN-13: 9781032330747
  • Hardback
  • Cena: 178,26 €
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  • Formāts: Hardback, 270 pages, height x width: 234x156 mm, weight: 521 g, 2 Tables, black and white; 3 Line drawings, black and white; 3 Illustrations, black and white
  • Sērija : Directions and Developments in Criminal Justice and Law
  • Izdošanas datums: 21-Apr-2023
  • Izdevniecība: Routledge
  • ISBN-10: 1032330740
  • ISBN-13: 9781032330747
"Prison Segregation: The Limits of Law explores the use of segregation in English prisons by examining how law is used and experienced, and how human rights are upheld. It draws on empirical research, through interviews with staff and prisoners, to understand how law 'works' (or not) in a site of the prison, which is traditionally characterised by real imbalances of power. The book draws on one of the first research studies of its kind: an in-depth ethnographic study of law, culture and norms within the segregation unit. It adopts a socio-legal perspective to explore: (i) how segregation is and should be used in prisons, and how the law sets the parameters of that usage (in theory); (ii) the complex web of laws and rules, as applies to segregation, and their relationship with the actors responsible for their implementation; (iii) how laws and rules can be undermined by the culture and context within which they are implemented. It relies on the voices of prisoners and staff, as well as observations and descriptions, to bring experiences to life. The accounts from staff and prisoners - sometimes joyous, sometimes harrowing - provide a rich and rare insight into the segregation unit. It provides access to, and insights into, parts of our criminal justice system which are typically impenetrable. Whilst it is an academic study of law and power in segregation units (and prison more broadly), it is also a very human account of lived experiences. The book is multi-disciplinary in nature and will appeal to those with an interest in law, sociology, criminology and psychology. It will also appeal to those seeking to understand socio-legal research methods in the field of criminal justice. However, the book is also pragmatic and has a number of recommendations whichwould be of interest to practitioners, lawyers, prison managers and policy-makers"--

Prison Segregation: The Limits of Law explores the use of segregation in English prisons by examining how law is used and experienced, and how human rights are upheld



Prison Segregation: The Limits of Law explores the use of segregation in English prisons by examining how law is used and experienced, and how human rights are upheld. It draws on empirical research, through interviews with staff and prisoners, to understand how law ‘works’ (or not) in a site of the prison, which is traditionally characterised by real imbalances of power.

The book draws on one of the first research studies of its kind: an in-depth ethnographic study of law, culture and norms within the segregation unit. It adopts a socio-legal perspective to explore: (i) how segregation is and should be used in prisons, and how the law sets the parameters of that usage (in theory); (ii) the complex web of laws and rules, as applies to segregation, and their relationship with the actors responsible for their implementation; (iii) how laws and rules can be undermined by the culture and context within which they are implemented. It relies on the voices of prisoners and staff, as well as observations and descriptions, to bring experiences to life. The accounts from staff and prisoners – sometimes joyous, sometimes harrowing – provide a rich and rare insight into the segregation unit. It provides access to, and insights into, parts of our criminal justice system which are typically impenetrable. Whilst it is an academic study of law and power in segregation units (and prison more broadly), it is also a very human account of lived experiences.

The book is multi-disciplinary in nature and will appeal to those with an interest in law, sociology, criminology and psychology. It will also appeal to those seeking to understand socio-legal research methods in the field of criminal justice. However, the book is also pragmatic and has a number of recommendations which would be of interest to practitioners, lawyers, prison managers and policy-makers.

Recenzijas

A truly unique, in-depth analysis of life inside a solitary confinement unit, conducted by a scholar with a rare combination of talents. Brown brings together a sophisticated legal perspective on the "rule of law" in an often lawless environment and a skilled ethnographers knack for identifying contextual nuance and truly hearing the voices of the persons with whom she interacts. It is at times a searing, brutally frank depiction of the extraordinarily powerful institutional forces at work in this prison-within-a-prison, forces that can deeply impact and harm the persons involuntarily confined inside, to be sure, but also, in different ways, the staff who choose to work there as well as those who attempt to study it. Must reading for anyone interested in the psychological and moral toll of our current penal regimes.

Prof. Craig Haney Distinguished Professor of Psychology, University of California Santa Cruz.

In illuminating the conditions and relationships in a prison segregation unit, Dr Brown shows the limited usefulness of the rule-of-law standards where staffing practices and perceptions are at least as important as formal rules in structuring official discretion. Anyone interested in the prison system or in official discretion more widely should read this book.

Prof. David Feldman Emeritus Rouse Ball Professor of English Law, University of Cambridge

Segregation holds prisoners at the edge of what the law allows and sometimes beyond. Ellie Browns invaluable and deeply researched book explores the history, law and culture of a process of isolation that is harmful and dehumanising, including to staff.

Mr. Alex Sutherland Chair of the IMB at HMP Whitemoor

In few places are human rights put to their test the way they are in prisons. The deepest end of a prison is its segregation unit where people are isolated and literally at the hands of the authorities. To what degree and in what way does law penetrate these prisons within the prison? This book answers this critical question by applying a socio-legal method through which not only law in the books but also law in practice can be understood. As a result, this highly innovative and excellent study uncovers a hollow approach to justice in a place where it is needed the most.

Prof. Peter Scharff Smith Professor in the Sociology of Law, Oslo University

Preface xi
Acknowledgements xiii
Defined terms and abbreviations xvi
1 Introduction
1(22)
A brief history of segregation
1(4)
The definition of segregation
5(1)
Challenges to segregation
6(2)
Segregation and law
8(4)
The structure of this book
12(4)
Statutes and rules
16(1)
Cases
17(1)
References
17(6)
2 Law and sociology: bridging the divide
23(26)
Legal rules
24(1)
Non-legal rules
25(2)
Case law
27(7)
The bridge
34(5)
Conclusion
39(3)
Statutes and rules
42(1)
Cases
43(1)
References
43(6)
3 Methods: at the margins, without trust and the fragmented self
49(37)
Research design
50(3)
Research questions
53(1)
The site
53(1)
HMP Whitemoor
53(2)
The segregation unit
55(5)
Research methods
60(1)
Interviews, document reviews and observations
61(1)
Interviews
61(5)
Document reviews and observational data
66(1)
Ethics
67(3)
Analysis
70(1)
Research at the margins
71(2)
Suspicion and trust
73(1)
Their worlds
74(3)
Sense of self
77(1)
Ethnographic loneliness
78(3)
Statutes and rules
81(1)
Cases
81(1)
References
81(5)
4 Law and contradiction: use of segregation
86(35)
Prison rules -- removal from association
89(2)
Prison rules -- GOoD
91(1)
Prevention
92(2)
Instrumental reasons
94(3)
Punishment
97(1)
Censure and deterrence
98(5)
Prison rules -- own interests
103(1)
Mental health
103(4)
Wing dynamics
107(4)
PSO 1700 and Local Site Rules
111(1)
Conclusion
112(3)
Statutes and rules
115(1)
Cases
116(1)
References
116(5)
5 Law and discretion: culture of segregation
121(42)
Staff culture
122(2)
Prioritisation of the regime
124(2)
Staff and prisoners
126(5)
Staff and each other
131(3)
Staff and outsiders
134(5)
Culture, rules and discretion
139(1)
Knowledge and decision-making
140(3)
Attitudes and perspectives -- rules and discretion
143(5)
Discretion, punitiveness and punishment
148(3)
Oversight and accountability
151(6)
Conclusion
157(3)
Statutes and rules
160(1)
References
160(3)
6 Law and context: application, accessibility and authority
163(42)
Proceduralisation of law
166(2)
Approvals and paperwork processes
168(3)
Visitor rounds
171(1)
Segregation review meetings
171(14)
Accessibility of law
185(7)
Experience of law
192(6)
Conclusion
198(4)
Statutes and rules
202(1)
Cases
202(1)
References
202(3)
7 Challenge, change and hope
205(11)
Annex 1 Case law summary 216(35)
Annex 2 GOoD reasons 251(5)
Annex 3 Interview schedules 256(5)
Annex 4 Participant information sheet and consent form 261(4)
Index 265
Ellie Brown is a barrister with a keen interest in prison reform, criminal justice and human rights. Prior to her career at the Bar, Ellie undertook a PhD at the University of Cambridge, examining the use and experience of segregation in English prisons, from a socio-legal perspective. Ellie has spent several years working within prisons and with the Ministry of Justice, to focus on prison reform and re-imagining punishment.