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Scholars of Chinese history are well acquainted with the use of convict labor in constructing infrastructure, serving in armies, erecting monuments, and aiding in the establishment of settlements in newly acquired territories. This chapter explores the role of convict labor in local government. I argue that convict laborers were integrated as essential aides to officials. While they were exploited as both objects and instruments to sustain the political economy, convicts simultaneously occupied crucial roles in operating the governmental apparatus and administering the populace. The local administrative space functioned as an open prison. Despite the brutality inherent in the exploitation of convict labor, the unearthed administrative documents masked the grim reality, projecting a veneer of civilized order onto this group. Legal statutes and administrative records granted bureaucrats and scribe–functionaries the authority to control convicts; paradoxically, these same documents also subjected the bureaucrats and scribe–functionaries to scrutiny. Failure to meet expected job performance standards could result in criminalization, turning these officials into convicts themselves.
In this innovative history, Liang Cai examines newly excavated manuscripts alongside traditional sources to explore convict politics in the early Chinese empires, proposing a new framework for understanding Confucian discussions of law and legal practice. While a substantial number of convict laborers helped operate the local bureaucratic apparatus in early China, the central court re-employed numerous previously convicted men as high officials. She argues that convict politics emerged, because, while the system often criminalized individuals, including the innocent, it was simultaneously juxtaposed with redemption policies and frequent amnesties in pursuit of a crime-free utopia. This dual system paralyzed the justice system, provoking intense Confucian criticism and resulting in a deep-seated skepticism toward law in the Chinese tradition, with a long-lasting political legacy.
The concept of mercy is often proposed as an antidote to the punitive excesses of our current criminal justice system. But this concept is typically presented in generalized, abstract terms that seem unworkable as a pragmatic decision strategy. Its religious origins and associations only add to this impression. In fact, however, if the biblical accounts of mercy are interpreted using the narrative strategy that is featured in current scholarship, an eminently practical decision protocol emerges from these accounts. This protocol diverges from the common or popular view of mercy. It omits the demand for contrition or gratitude on the part of the wrongdoer, viewing this as an effort to exercise domination rather than extending mercy, and minimizes compassion on the part of the decision maker due to its tendency to merge into favoritism. Instead, the protocol recommends that the decision maker deal with the wrongdoer on a direct personal level, suppress any emotional responses such as anger or indignation, and consider the collateral consequences of the proposed punishment. The author describes the way the protocol can be derived from leading biblical narratives about mercy, including the expulsion from the garden, the mark of Cain, Christ and the adulteress, and the prodigal son. He expands on this derivation by analyzing the book of Jonah, rejecting the common view that this work is a satire and treating it instead as a profound inquiry into the nature of mercy. He concludes by applying the protocol he has derived to policy level decisions in the criminal justice system, specifically judicial sentencing, administrative parole and the use of restorative justice.
This chapter considers the work of major First Nations figures in Australian poetry – Oodgeroo, Kevin Gilbert, Mudrooroo and Lionel Fogarty – as well as poetry produced by current or former First Nations inmates of Australia’s prison system or about First Nations deaths in custody. The language of these poets is both politically activist and community enhancing. It argues that the effects of such poetry can be redemptive, empowering or visionary. It considers such poetry as testimony, discussing the ways in which First Nations writers have created a poetic language that might not have been available, which, in turn, creates a community of readers and listeners. For many First Nations prison inmates, poetry becomes a mean to ground Indigenous identity and reflect on their lives and relationships. From the 1990s, poets such as Samuel Wagan Watson, Romaine Moreton, Ali Cobby Eckermann and Yvette Holt have broken new ground with work highlighting Aboriginal selfhood in an evolving Australian society. The chapter concludes with a consideration of a younger and emergent generation of First Nations poets.
The effects of pandemic-related restrictions on people in prisons who tend to have multiple complex health needs are not well understood.
Aims
We aimed to measure changes in adjudications and self-harm among people in prisons before and during the pandemic.
Method
We examined effects of time and demographic characteristics on odds and counts of adjudications and self-harm over a three-year period, starting one year before the COVID-19 pandemic, in 861 individuals from 21 Offender Personality Disorder Pathway prison sites.
Results
The odds of adjudicating were lower in people of older age (odds ratio 0.98 (95% CI: 0.96–0.99)), and during COVID-19 year one (odds ratio 0.37 (95% CI: 0.23–0.60)) and year two (odds ratio 0.40 (95% CI: 0.25–0.65)) compared to pre-COVID-19. Being of White ethnicity was associated with increased odds (odds ratio 4.42 (95% CI: 2.06–9.47)) and being older was associated with reduced odds (odds ratio 0.97 (95% CI: 0.95–0.99)) of self-harm. The odds of self-harm were significantly reduced during COVID-19 year two (odds ratio 0.45 (95% CI: 0.26–0.78)), but not during COVID-19 year one (odds ratio 0.68 (95% CI: 0.40–1.14)), compared with the 12 months before COVID-19.
Conclusions
Although adjudications and self-harm were generally lower during the pandemic, younger people showed increased odds of adjudications and self-harm compared with older people, while White people showed increased odds of self-harm compared with people of the global majority. Our findings highlight the importance of considering potential health inequities and environmental effects of lockdowns for people in prisons.
This chapter moves back to institutions to deal with the general decline in litigation over failed credit that began around 1690, and argues it came about largely because of changes in credit networks. It demonstrates how attorneys’ business moved away from litigation to conveyancing, and how they profited by becoming local credit. It also looks at the increasing use of local summary justice in the Courts of Requests in London, Bristol, and Newcastle to enforce the small debts of poor consumers, as well as the growing use of arrest and imprisonment in the common law courts. While the use of paper currency provided greater liquidity in credit markets, and reduced the overall level of litigation massively, those debtors who went broke began to be treated in a much harsher fashion.
Prison has long been recognized as a racialized institution in America, where race determines myriad aspects of life—from where individuals sleep to those with whom they live, eat, and socialize during incarceration. However, there is little evidence on how to effectively remediate prisons’ deep racial divisions—a question that is imperative given that interracial animus in prisons can be both a result and a determinant of racial conflict and violence. In this study, we argue that higher education in prison has significant potential to improve racial attitudes and foster racial integration by providing a “contrasting context” for interracial interaction in the classroom within an otherwise racially segregated institution. Using administrative data on college-level course completion, an original longitudinal survey of prison college students, and in-depth qualitative interviews with prison college alumni, we show evidence of shifts in racial attitudes and self-reported behavior as students move through their college career. Our results demonstrate the potential for prison higher education to shift race-based norms and offer a framework through which to analyze prison education that prioritizes outcomes of interest beyond recidivism.
Former prisoners are a vulnerable population, and suicide rates among this group are high, particularly following release from prison.
Aims
To explore former prisoners’ engagement with mental health services before death by suicide, and to examine the demographics, clinical history and clinical care of this patient group and compare them with patients who died by suicide who had not been to prison.
Method
The clinical, sociodemographic and care characteristics of patients in contact with mental health services who died by suicide in the UK were examined in a national clinical survey between 1 January 2001 and 31 December 2021, and comparisons were made between former prisoners and patients with no history of being in prison.
Results
Of the 33 381 (median age 46 years, range 10–100; 65.6% male) patients who died by suicide in the UK and had been in contact with mental health services in the 12 months before death, 3335 (11%) were ex-prisoners (male n = 2988, 90%; female n = 347, 10%). Compared with other patients, ex-prisoner patients had higher frequencies of personality disorder, schizophrenia and delusional disorders, as well as childhood abuse. Ex-prisoner patients were more likely to be male, to be aged between 45 and 65 years (median age 39, range 17–89), to live in deprived areas and to have a history of substance misuse. We found no differences in ethnicity.
Conclusions
Mental health services need to focus particularly on patients with a history of being in prison who are experiencing economic adversity and offer substance-use-related interventions to ensure continued patient engagement. The link with deprivation is striking at a time at which rising costs of living are resulting in more health inequalities.
This article explores Eugene V. Debs’s experiences at the Moundsville prison and the federal penitentiary in Atlanta (1919–1921). It looks at his relationships with other inmates and his supporters outside of prison and examines the effects prison life had on Debs and his ideology. Most importantly, it closely examines his only book-length work: his prison memoir, Walls and Bars. It explores Debs’s critique of the prison system, the jailing of drug addicts, and the interconnectedness of capitalism and the penitentiary system.
This paper highlights the forgotten mental health crisis inside Indian prisons. While thousands of inmates suffer from psychological distress, ranging from trauma to depression to violent outbursts, there is no formal system for psychotherapy in most jails. This silence is not just a public health failure; it violates the Indian Constitution, especially Article 21, which guarantees the right to life and dignity. The paper argues that denying psychotherapy to prisoners is a form of institutional violence, and it contradicts both national laws like the Mental Healthcare Act, 2017 and international agreements such as the United Nations Nelson Mandela Rules. Using real-life examples, legal precedents and government reports, the study shows that prisoners are being psychologically punished rather than reformed. The paper calls for urgent reforms, starting with mental health screening at admission, tele-therapy partnerships with institutions like the National Institute of Mental Health and Neurosciences (NIMHANS) and the recognition of therapy as a basic legal right in the prison system. This work fills a major research gap by framing psychotherapy in prisons not as a welfare option but as a constitutional and human rights obligation, an argument rarely made in Indian academic or policy literature.
Mental illness affects an estimated 500 million people globally, with 85% living in low- and medium-income countries (LMICs). Research has shown that people with mental illness are over-represented in the criminal justice system compared with the general population. There is limited information available on institutional attitudes towards mental illness in LMICs.
Aims
This study aimed to examine mental health literacy (MHL) and mental health stigma (MHS) among Zimbabwe Prisons and Correctional Service (ZPCS) officers.
Method
A cross-sectional study using an online survey was conducted among ZPCS officers (N = 163) between August and December 2022. Data were collected using the Mental Health Literacy Scale (MHLS) and Attitudes Towards Mentally Ill Offenders (ATMIO). The primary hypothesis was that increased MHL is inversely related to MHS in this group.
Results
A significant inverse correlation was found between MHL and MHS (r = 0.36, P < 0.001). A regression analysis controlling for age and sex showed that MHLS is a statistically significant component in this model, indicating that MHL is associated with reduced MHS (P < 0.001).
Conclusions
In this group, increased MHL is associated with decreased MHS. This suggests that interventions to increase MHL should be further evaluated in these settings.
This article explores the intersection of carceral geographies and climate (in)justice in Brazil, home to one of the world’s largest incarcerated populations. Drawing on ethnographic fieldwork, interviews and an analysis of reports from monitoring organisations examining facilities across the country, we ask how thermal conditions are part of a national project of inflicting suffering within the prison system. Conductive building materials, a lack or excess of water and ventilation, as well as overcrowding, exacerbate exposure to scorching heat or bone-chilling cold, subjecting prisoners’ bodies to extreme temperatures. We argue that this constitutes a form of thermal violence, in which heat and cold are weaponised to harm and punish.
Abdol-Hossain Taymourtash, Reza Shah’s first minister of court, was universally recognized as the most powerful man in Iran after the shah himself. He was the lieutenant, ran the government for him. He played a key role at the shah’s side in selecting cabinet ministers and the deputies to be elected to parliament. He helped shape and realize Reza Shah’s vision for the revival and modernization of Iran. Yet in 1933, royal favor was suddenly withdrawn, and Taymourtash was arrested and imprisoned where, in all probability Reza Shah had him put to death. This article focuses on the always fraught relationship between a powerful autocrat and his loyal and efficacious lieutenant, and on the dilemma of those who wish to serve their countries and end up doing so at the cost of serving as the agents of a dictatorship.
Globally, people in prison often come from the most deprived sections of society due to adverse political, economic, environmental, social and lifestyle factors. This group experiences chronic and complex mental and physical health conditions at higher rates than the general population, including mental health conditions, chronic non-communicable and communicable conditions and acquired brain injury. They also have higher rates of tobacco smoking, high-risk alcohol consumption, illicit drug use and injecting drug use. As many as 90 per cent of people in custody have a diagnosis of either a mental health condition or addiction. Often, people in prison have under-utilised health care in the community and, for many, the first interaction with health services occurs during incarceration. Therefore, incarceration may provide an opportunity to access treatment to improve health and for appropriate health care to be initiated.
Chapter 6 focuses on the men who were caught in the act of trying to start the intended rebellion. They were all free people of African descent, yet some among them also invited enslaved people to join the rebellion. Thus, relations between enslaved and free people are at the center of this chapter. The ways in which these people talked about freedom and bondage with one another presents a picture in which it is impossible to say that the conspiracy was definitively anti- or pro-slavery. There were some men who took abolition of slavery quite seriously, and there were others who had no interest in the matter whatsoever. Those who fit the latter group were connected to a shadowy group of elite white men who had been planning their own rebellion. Evidence of these white men’s participation in a conspiracy showed up frequently during a significant number of different men’s interrogations. The High Court chose to ignore or dismiss all such claims, clearing the way for them to transform the collective insurgencies of 1798 into a so-called Pardo conspiracy, free from confusion, free from uneven relations, and unconnected to the aims of elite white men.
In this chapter, COBRA members enter into a confrontation with police, who accuse them of being trophee hunters and vigilantes. This happens in the aftermath of a sting on a man who was later given a long prison sentence.
This epilogue describes the author’s final interview with Severino, a former gang member and one of the principal interlocutors of the project. It describes his circumstances following his exit from the gang and the prospects for his future.
A description is provided of the current situation in Aotearoa New Zealand with regard to compulsory treatment of people with schizophrenia. This is placed within the context of homelessness in New Zealand and the provision of services to the incarcerated mentally ill. There are high rates of homelessness and incarceration and services are struggling to meet their needs. This is particularly a problem for the indigenous population. The current Mental Health Act allows for compulsory treatment of people who as a result of schizophrenia are seriously impaired in their capacity to care for themselves, and this will include people where there is a nexus between homelessness and their illness. The Mental Health Act is being reformed, with a new act likely to emphasize autonomy and capacity to a greater degree. Finally, the author considers the learnings from 5 years working within the Fixated Threat Assessment Centre, which provides a unique perspective on these issues.
A disproportionate number of women in prison have mental health problems and they are nine times more likely to die from suicide than women in the general population. They have insufficient access to help both inside where the focus has largely been on men, and outside where they often lack suitable help and support on release. For many women, improsionment is a tragedy that damages them, their families and the next generation, some of whom are born in prison, where giving birth can be particularly traumatic and potentially lethal. And men cannot be forgotten by women who are in prison, because many of them are in prison because of the actions of a man. However, it is crucial not to assume that ‘trauma’ explains all of their problems, particularly some kinds of violent behaviour. We need to keep many more women out of prison and try to help women much earlier along their life paths, long before they go to prison. Mental health care provides too little, too late. We must challenge our own stigmatising attitudes towards women in prison, support those NGOs who work tirelessly with women in the criminal justice system and advocate much more powerfully for women in prison.
This article summarises the BJPsych Bulletin 2024 special edition on mental health in criminal justice and correctional settings. The edition considers issues across a range of settings, including police custody, the courts and prisons, as well as considering wider international questions and systems within the field. In this edition, we assert the right of the individual to healthcare services that should be available, accessible, acceptable and of good quality. Psychiatry must play a significant role in shaping this debate as it moves forward.