The Lived Sentence: Rethinking Sentencing, Risk and Rehabilitation

300 Pages·2016·7.051 MB·English

by  Maggie Hall (auth.)

Palgrave Studies in Prisons
and Penology
Series Editors
Ben Crewe
Institute of Criminology
Cambridge University, Cambridge, United Kingdom
Yvonne Jewkes
School of Applied Social Science
University of Brighton, Brighton, United Kingdom
Thomas Ugelvik
Dept. of Criminology & Sociology of Law
University of Oslo
Oslo, Norway
fi
This is a unique and innovative series, the rst of its kind dedicated
entirelytoprisonscholarship.Atahistoricalpointinwhichtheprison
population has reached an all-time high, the series seeks to analyse
the form, nature and consequences of incarceration and related
forms of punishment. Palgrave Studies in Prisons and Penology
provides an important forum for burgeoning prison research across
the world. Series Advisory Board: Anna Eriksson (Monash
ff
University), Andrew M. Je erson (Rehabilitation and Research
Centre for Torture Victims), Shadd Maruna (Rutgers University),
Jonathon Simon (Berkeley Law, University of California) and
Michael Welch (Rutgers University).
More information about this series at
http://www.springer.com/series/14596
Maggie Hall
The Lived Sentence
Rethinking Sentencing, Risk and Rehabilitation
MaggieHall
IndependentAcademic
Sydney,Australia
PalgraveStudiesinPrisonsandPenology
ISBN978-3-319-45037-7 ISBN978-3-319-45038-4(eBook)
DOI10.1007/978-3-319-45038-4
LibraryofCongressControlNumber:2016950019
©TheEditor(s)(ifapplicable)andTheAuthor(s)2016
Thisworkissubjecttocopyright.AllrightsaresolelyandexclusivelylicensedbythePublisher,whether
thewholeorpartofthematerialisconcerned,specificallytherightsoftranslation,reprinting,reuseof
illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and
transmission or information storage and retrieval, electronic adaptation, computer software, or by
similarordissimilarmethodologynowknownorhereafterdeveloped.
Theuseofgeneraldescriptivenames,registerednames,trademarks,servicemarks,etc.inthispublica-
tiondoesnotimply,evenintheabsenceofaspecificstatement,thatsuchnamesareexemptfromthe
relevantprotectivelawsandregulationsandthereforefreeforgeneraluse.
Thepublisher,theauthorsandtheeditorsaresafetoassumethattheadviceandinformationinthis
book are believed to be true and accurate at the date of publication. Neither the publisher nor the
authorsortheeditorsgiveawarranty,expressorimplied,withrespecttothematerialcontainedherein
orforanyerrorsoromissionsthatmayhavebeenmade.Thepublisherremainsneutralwithregardto
jurisdictionalclaimsinpublishedmapsandinstitutionalaffiliations.
Coverillustration:©DavidWhite/AlamyStockPhoto
Printedonacid-freepaper
ThisPalgraveMacmillanimprintispublishedbySpringerNature
TheregisteredcompanyisSpringerInternationalPublishingAG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents
1 Introduction 1
1.1 Core Hypotheses 6
2 The Socio-Political Context of Imprisonment
in New South Wales 19
2.1 Introduction 19
2.2 Major Enquiries 21
2.3 Popular Sensibilities and Penal Politics 24
2.4 Expansion of the Prison Estate 27
2.5 Transmission/Extension of Penal Relations 29
2.6 Evaluation and Accountability 32
2.7 Legislative Changes 34
“ ”
2.8 Risk + What Works = A Limited Version
of Rehabilitation 40
2.9 Conclusion 43
3 Theorising Sentencing 47
3.1 Introduction 47
3.2 Sentencing in NSW 55
3.3 The Aims of Sentencing in NSW 58
3.4 Risk and NSW Courts 77
3.5 Conclusion 88
v
vi Contents
4 Experiencing Sentencing 91
4.1 Introduction 91
4.2 Reasons for Judgment and Remarks on Sentence 94
4.3 Prisoners and Sentence Comments/Remarks 95
4.4 Remorse in Criminal Justice 103
4.5 Conclusion 115
“ ”
5 Managerialism, Discipline and the Responsible Prisoner 117
5.1 Introduction 117
5.2 Managerialism and the Department of CSNSW NSW 118
5.3 Prison as Management of Bodies 123
fi
5.4 Processes of Sorting, Classi cation and Management 131
5.5 Discipline, Resistance, Compliance and Punishment 146
5.6 Special Regimes 154
5.7 Case Management, Throughcare and SORC 158
5.8 Individualisation and the Responsible Prisoner 164
5.9 Conclusion 167
6 Relational Aspects of Imprisonment 169
6.1 Introduction 169
–
6.2 The Relational Aspects of Life in Prison Conceptions
“ ”
of Prison as Community 171
6.3 Dimensions of Personal Identity 194
6.4 Conclusion 206
7 Rehabilitation 209
7.1 Introduction 209
7.2 What Does It Mean? 212
—
7.3 The Hall of Mirrors Risk and Responsibility 228
7.4 Rehabilitation + Risk = Cog Skills 238
7.5 Conclusion 249
8 Conclusion 251
—
8.1 Theorising the Gap Legal Sentencing
and Penal Practices 253
8.2 The Interviews 257
Contents vii
—
8.3 The Impact of Risk Focused Managerialism Imaginary
Sentences? 264
8.4 Conclusion: The Lived Sentence as Communication:
The Devil in the Detail 267
Bibliography 269
Index 293
List of Abbreviations
AVL Audio-visual link
CALD Culturally and linguistically diverse
CORE Low-risk sex offender programme
CSNSW Corrective Services NSW (formerly Department
of Corrective Services NSW)
CUBIT Custody-based intensive therapeutic programme
(high risk)
DPP OfficeoftheDirectorofPublicProsecutionsNSW
EHR Extreme high risk
EPRD Earliest possible release date
HRMU High-risk management unit
NESB Non-English speaking
OPM Operations procedure manual, DCNSW
PRLC Program review leave committee (a division of
SORC)
SMART (SMART USself-helpdrugandalcoholprogrammedesigned
RECOVERY (TM)) as an alternative to12-stepprogrammes
SORC Serious offenders review council
VOTP Violent offenders therapeutic programme
ix
1
Introduction
The atmosphere in the Parole Authority hearing room was heavy,
the screen on which the prisoner appeared was fuzzy and crackling,
’ fi
the prisoners halting speech intensi ed by the poor reception. The
’
judge, having listened to the prisoners legal representative list the
litany of prisons he had occupied over the past eight years, the lack
of opportunities to participate in rehabilitation programmes and the
fracturing of already tenuous family relationships by the constant
“
movements, frowned. Suddenly he exclaimed, Goodness, what have
”
they done to my sentence?! The prisoner peered through the screen,
recognising the judge who had sentenced him eight years before. In
the sentencing remarks the judge had made a comprehensive list of
recommendations as to how this young man was to be assisted to
appreciate the wrong he had done, and left a long period on parole
for him to be integrated into the community. The judge could see
how little had been implemented and the Authority had no choice
but to refuse parole. Even if the prisoner was able to complete the
rehabilitation which was recommended and was successful in gaining
release, he would have no time left for a period of parole to
reintegrate him into the community.
© The Author(s) 2016 1
M. Hall, The Lived Sentence, Palgrave Studies in Prisons
and Penology, DOI 10.1007/978-3-319-45038-4_1