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Journal articles on the topic 'Penal welfarism'
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1
Dollinger, Bernd. "Help Wanted? A Narrative Look at Penal Welfarism ‘From Below’." Youth Justice 19, no. 2 (May 19, 2019): 120–36. http://dx.doi.org/10.1177/1473225419850368.
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This article explores principles of penal welfarism. For a number of years, there has been a wide-ranging debate on the impact of penal welfarism and on its transformation or indeed its possible supersedence. To date, however, discussions have rarely started with those directly affected (‘from below’) and asked how welfarist measures are experienced and perceived by young people who have been charged with or convicted of offences. This is the approach taken here as I focus on young defendants in the context of their trial. The young people describe in detail problematic life stories and personal challenges. However, the majority reject any attempt to label them as cases for education or rehabilitation. Help in the respondents’ view should primarily resolve specific, pragmatic problems, and not interfere with their identity.
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Andersson, Robert. "Från behandling till hårdare tag? En kritisk analys av högervågsargumentet inom svensk kriminalpolitik." Nordisk Tidsskrift for Kriminalvidenskab 106, no. 1 (March 31, 2019): 19–36. http://dx.doi.org/10.7146/ntfk.v106i1.124710.
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In this article I address the question of whether there has been a punitive turn in Swedish crime policy or not. Since the punitive turn is connected to the downfall of the rehabilitative ideal, and to what David Garland has termed penal welfarism, I make my argument with reference to these phenomena in Sweden. I claim that there were two rationales behind the penal welfare state and the rehabilitative ideal in Sweden: a social liberal rationale built on paternalism and interventionism, and a social democratic rationale built on Marxist class analysis. My argument is that while penal welfarism is still operating in Sweden, the social liberal rationale has been discarded. This means that the social democratic rationale built on Marxist class analysis is now the single dominating force behind Swedish penal welfarism. The argument for a punitive turn in Sweden therefore has no support.
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Dahl, Hilde. "Penal welfarism og norsk sikkerhetspsykiatri, 1895-1940." Nordisk Tidsskrift for Kriminalvidenskab 106, no. 1 (March 31, 2019): 68–81. http://dx.doi.org/10.7146/ntfk.v106i1.124730.
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AbstractThis article presents the early decades of Norwegian forensic psychiatry as a basis for exploring David Garland’s term «penal welfarism». While Garland focuses primarily upon penalties and prisons, I find it relevant to look at a type of sanction not officially defined as punishment according to Norwegian law. Insanity has provided exemption from criminal punishment in Norway since 1842. Yet criminals considered dangerous to themselves or others have been housed in criminal asylums since 1895, which is the same year Garland argues that a transformation in penal strategies occurred in Britain (Garland, 1985).
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Wahlgren, Paula. "Brottsprevention i straffvälfärdspolitikens tid – Samverkanstankens historiska rötter." Nordisk Tidsskrift for Kriminalvidenskab 106, no. 1 (March 31, 2019): 82–92. http://dx.doi.org/10.7146/ntfk.v106i1.124731.
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AbstractCooperation between authorities is a central part of present-day crime prevention in Sweden. At the same time, the idea of cooperation has an extensive heritage within Swedish welfare policy. The purpose of this article is to trace the trajectory of crime prevention and in particular the idea of cooperation as a crime policy solution. Dating back to the post-war decades, cooperation between authorities in an effort to tackle youth crime has also been in line with David Garland’s concept of penal welfarism. While Garland mainly focuses on penal institutions and penal law rather than prevention, cooperation in Sweden shares several characteristics with penal welfarism such as the optimistic belief in expert rule and individualized treatment. The professional expertise that colonized the field of criminal justice was an equally prominent feature of how schools would prevent crime. Against this background I also discuss whether or not the concept of the preventive turn is applicable to the trajectory of crime prevention in Sweden. My conclusion is that the development of crime prevention is best understood as a continuous process dating back to the post-war era’s focus on youth crime, as opposed to a break.
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Kim, Mimi E., and Carina Gallo. "Victim compensation: a child of penal welfarism or carceral policies." Nordisk Tidsskrift for Kriminalvidenskab 106, no. 1 (March 31, 2019): 54–67. http://dx.doi.org/10.7146/ntfk.v106i1.124726.
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Abstract SwedishUnder efterkrigstiden förändrades många västerländska länders kriminalpolitik i riktning mot välfärd och rehabilitering. Detta ideal fokuserade gärningsmannen, inte brottsoffret. Detta skulle snart komma att förändras. En av de första initiativ som togs för brottsoffer var brottsskadeersättning, en ekonomisk kompensation som infördes på 1960-talet. Denna artikel jämför utvecklingen av brottsskadeersättningi två länder, USA och Sverige, i relation till deras välfärds- och kriminalpolitik. Båda länderna initierade kompensationsreformer för brottsoffer ivälfärdsinstitutionella kontexter. Med stöd i en jämförande historisk fallstudiemetod visar artikeln dock att kompensationsreformerna i de två länderna skilde sig åt och kom att avspegla respektive lands välfärds- och kriminalpolitik. De första svenska kompensationsreformerna förankrades som en socialförsäkringsfråga, medan deras motsvarigheter i USA snabbt banade väg för mer straffinriktade program.Abstract EnglishIn the post-war period, many Westernized countries advanced toward more rehabilitative and welfarist ideals informing crime policies. These ideals centered on the offending individual, not the victim. This was soon to change. Victim compensation programs were one of the first initiatives taken for victims of crime with the first established in the 1960s. This paper examines and compares the development of victim compensation programs in two countries with contrasting social welfare and penal policies, the United States and Sweden. Both countries developed victim compensation programs located within welfarist administrative institutions, suggesting common penal welfare frameworks and instruments. Using the comparative historical case study method, the study finds that formative victim compensation policies in the two countries differed widely, reflecting social welfare versus remedial welfare policies, and rehabilitative versus punitive carceral frameworks, respectively. Arguments upholding penal welfarist ideals and social insurance concerns underlay the early formation of Sweden’s victim compensation program and anchored subsequent developments while, in the United States, political conditions led to a rapid trajectory in more punitive directions.
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Lohne, Kjersti. "Penal welfarism ‘gone global’? Comparing international criminal justice to The Culture of Control." Punishment & Society 23, no. 1 (June 4, 2020): 3–23. http://dx.doi.org/10.1177/1462474520928114.
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With the consolidation of a cosmopolitan field of international criminal justice, penality has ‘gone global’. In spite of the abundance of doctrinal legal analysis, human rights studies, and transitional justice studies, there are few analytic attempts to engage with the working assumptions, cultural commitments, and dominant mentalities that give shape to international criminal justice as a penal field. Based on ethnographic observations, interviews with key actors, and critical reading of international criminal justice scholarship, this article compares the cosmopolitan penality of international criminal justice to that of late modern, domestic, penality. Using David Garland’s The Culture of Control as an analytic yardstick, it argues that international criminal justice both resembles and departs from ‘the national’. For example, whilst the cosmopolitan penality relies upon retributive justifications, it makes no appeal to harsh penal sanctions; nor is it concerned with the rehabilitation of prisoners. Rather, it is an expressive and humanitarian form of justice where the victim takes central stage – as the embodiment of a suffering humanity. Moreover, there is a remarkable faith in the transformative effects of international criminal justice, resembling a form of penal welfarism ‘gone global’. As national capacity building and penal development has become intrinsic to the project of international criminal justice, the article shows how the global dimension of the power to punish is based on a moralization of politics.
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Mulgrew, Róisín. "Mary Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment." Punishment & Society 16, no. 5 (December 2014): 618–20. http://dx.doi.org/10.1177/1462474514529204.
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Clancey, Garner. "Local Crime Prevention: ‘Breathing Life (Back) into Social Democratic and Penal Welfare Concerns’?" International Journal for Crime, Justice and Social Democracy 4, no. 4 (December 1, 2015): 40–57. http://dx.doi.org/10.5204/ijcjsd.v4i4.198.
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Fieldwork in the inner-Sydney postcode area of Glebe (New South Wales, Australia) sought to understand how local community workers conceptualise crime causation and the approaches adopted to prevent crime. Observation of more than 30 inter-agency meetings, 15 interviews and two focus groups with diverse local workers revealed that social-welfare or ‘root’ causes of crime were central to explanations of local crime. Numerous crime prevention measures in the area respond directly to these understandings of crime (a youth diversion program on Friday and Saturday evenings, an alternative education program, a police-youth exercise program, and so on). While other more surveillant forms of crime prevention were evident, the findings of this research suggest a significant social-welfare orientation to crime prevention. These findings echo Brown’s (2012) observations of the resilience of penal-welfarism in Australia.
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McNeill, Fergus. "Contesting Probation in Scotland: How An Agonistic Perspective Travels." Law & Social Inquiry 44, no. 03 (July 18, 2019): 814–21. http://dx.doi.org/10.1017/lsi.2019.33.
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In this Review Essay, I try to rise to one of the challenges that Goodman, Page, and Phelps pose to other scholars in their book, Breaking the Pendulum (2017). They invite us to explore whether and how well their “agonistic perspective” on penal change travels. In response, I draw on original archival and oral history research on probation history in Scotland to explore their model’s utility in the context of this particular and challenging test case. Although Scotland is often discussed as an anomaly because of a supposed consensus around an enduring commitment to penal welfarism, my analysis reveals precisely the kinds of contestation that Goodman, Page, and Phelps describe. I conclude that their agonistic perspective seems to travel well, at least to this Atlantic edge of Europe, but that scholars in other jurisdictions will need either to undertake or revisit primary research to properly test the model and further refine it.
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Cesaroni, C. "The Decline in Support for Penal Welfarism. Evidence of Support among the Elite for Punitive Segregation." British Journal of Criminology 43, no. 2 (March 1, 2003): 434–41. http://dx.doi.org/10.1093/bjc/43.2.434.
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Henriksen, Ann-Karina, and Annick Prieur. "‘So, Why Am I Here?’ Ambiguous Practices of Protection, Treatment and Punishment in Danish Secure Institutions for Youth." British Journal of Criminology 59, no. 5 (April 11, 2019): 1161–77. http://dx.doi.org/10.1093/bjc/azz018.
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Abstract This article explores how a nexus of punishment, treatment and protection creates unique mechanisms of control in secure institutions for young people. It is based on a study in Danish secure institutions, which accommodate young people confined on legal and welfare grounds. In these hybrid institutions, protection, treatment and punishment merge in ambiguous and contradictory practices that are experienced as unjust or even harmful by the young people and possibly breach the UN Convention of the Child. These practices are explored through a Foucauldian theorization highlighting the disciplinary practices unique to the confinement of minors. The article contributes to wider debates on the treatment–punishment nexus, Nordic exceptionalism and criminal justice for youth in an era of neoliberal penal-welfarism.
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Cartuyvels, Yves, and Francis Bailleau. "La justice pînale des mineurs en europe: évolutions et enjeux." International Annals of Criminology 51, no. 1-2 (2013): 113–31. http://dx.doi.org/10.1017/s0003445200000088.
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RésuméTout au long du XXesiècle, la justice des mineurs en Europe s'est développée selon un modèle de justice spécifique, parfois qualifié de « tutélaire » ou de « protectionnel ». Avec des caractéristiques propres et selon des rythmes spécifiques à chaque pays, un même idéal de justice individualisée se déploie, qui trahit l'influence du discoursWelfarepropre à l'Etat social.Depuis la fin du XXesiècle, ce modèle de justice spécifique est largement remis en question. Oscillant entre résistance du « penal welfarism », avancées punitives et logiques managériales, la justice des mineurs se cherche entre différentes logiques parfois complémentaires, parfois contradictoires. Dans cet article, nous cherchons à expliquer cette évolution en mettant l'accent sur le rôle joué par quelques facteurs essentiels: le rôle des médias, la place des droits de l'homme, la montée du processus de victimisation et l'inflexion managériale en contexte de gestion des risques.
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Tourunen, Jouni, Antti Weckroth, and Teemu Kaskela. "Prison-based drug treatment in Finland: History, shifts in policy making and current status." Nordic Studies on Alcohol and Drugs 29, no. 6 (January 1, 2012): 575–88. http://dx.doi.org/10.2478/v10199-012-0048-1.
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Aim The article outlines, at the level of political discourse, changes in drug and criminal policy that may have influenced the penal system as a backdrop to the rise of prison-based drug treatment programmes (PBDT) in Finland. Methods and Data Our perspective is historical. The article is based on historical and political documents, scholarly research and white papers. Results The history of PBDT in Finland is characterised by an absence of drug treatment programmes until the 1980s, first initiatives at the end of the 1980s, enthusiastic programme development from the mid-1990s, and decreasing interest during recent years. Unlike the National Drug Strategy, the Prison Drug Strategy aimed at a drug-free environment (zero tolerance) and implemented harm-reduction measures only to a limited extent. Conclusion The development of PBDT represents the new way of performing treatment in prisons, with features of managerialism. PBDT is also affected by an organisational segregation of rehabilitation and medical treatment, which prevents integration of harm-reduction measures with rehabilitative treatment, and is in conflict with general aims of integrating substance abuse treatment to mental and healthcare services in Finland. In the spirit of a new kind of Penal Welfarism, the role of documented individual risk and needs assessment in defining an offender's sentence has increased.
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SHINER, MICHAEL. "British Drug Policy and the Modern State: Reconsidering the Criminalisation Thesis." Journal of Social Policy 42, no. 3 (May 2, 2013): 623–43. http://dx.doi.org/10.1017/s0047279413000226.
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AbstractRecent developments in the drug field have prompted claims that criminal justice has displaced health from its formerly dominant position and have also been used to support general claims about the criminalisation of social policy. This article critically assesses such claims and offers an alternative interpretation, arguing that British drug policy has been shaped and reshaped by the broader workings of the modern state. Early controls reflected the influence of medicine and public health over emerging forms of state interventionism, while subsequent arrangements were consistent with the penal-welfare tradition that dominated criminal justice for much of the last century. More recently, it is the transformation of this tradition that has played a key role in reshaping the drug field, producing evidence of both continuity and change. What others have attributed to ‘criminalisation’, therefore, is said to reflect broader changes in the nature of criminal justice itself. Whilst the transformation of penal-welfarism helps to explain the development of more punitive and coercive forms of drug control, this is only part of the story. As with criminal justice more generally, the limitations of the sovereign state have given rise to various adaptive strategies and it is here that considerable continuity can be seen, particularly in relation to the on-going importance of drug treatment and harm reduction.
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BIRKETT, GEMMA. "Solving Her Problems? Beyond the Seductive Appeal of Specialist Problem-Solving Courts for Women Offenders in England and Wales." Journal of Social Policy 50, no. 1 (December 18, 2019): 104–21. http://dx.doi.org/10.1017/s0047279419000989.
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AbstractAt the nexus of the social and penal policy fields, problem-solving justice promises to punish offenders while working to address the complex issues that drive their law-breaking behaviour. Appealing to the left and right due to its dual focus on pragmatism and welfarism, the concept has floated in and out of political fashion for the past two decades. Recent years have heralded a renewed political interest in the approach, closely aligned to the Conservative government’s commitment to ‘transforming justice’. With a focus on empowerment and collaboration, the problem-solving model has much to offer women offenders in particular. Drawing on data from a large-scale study into the sentencing and punishment of women under the new probation arrangements, this article reveals a divergence of views on gender-specific courts among sentencers, probation officers and third sector workers. Moral concerns about up-tariffing sit alongside the practical barriers of government bureaucracy and hindering legislation. With data pertaining to effectiveness (rather than potential) still required, this article argues that specialist problem-solving courts for women present a risky strategy, however seductive their promise.
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Carrington, Kerry. "Punitiveness and the Criminalisation of the Other: State Wards, Unlawful Non-citizens and Indigenous Youth." Somatechnics 1, no. 1 (March 2011): 30–47. http://dx.doi.org/10.3366/soma.2011.0004.
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This paper explores the genealogies of bio-power that cut across punitive state interventions aimed at regulating or normalising several distinctive ‘problem’ or ‘suspect’ deviant populations, such as state wards, non-lawful citizens and Indigenous youth. It begins by making some general comments about the theoretical approach to bio-power taken in this paper. It then outlines the distinctive features of bio-power in Australia and how these intersected with the emergence of penal welfarism to govern the unruly, unchaste, unlawful, and the primitive. The paper draws on three examples to illustrate the argument – the gargantuan criminalisation rates of Aboriginal youth, the history of incarcerating state wards in state institutions, and the mandatory detention of unlawful non-citizens and their children. The construction of Indigenous people as a dangerous presence, alongside the construction of the unruly neglected children of the colony — the larrikin descendants of convicts as necessitating special regimes of internal controls and institutions, found a counterpart in the racial and other exclusionary criteria operating through immigration controls for much of the twentieth century. In each case the problem child or population was expelled from the social body through forms of bio-power, rationalised as strengthening, protecting or purifying the Australian population.
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van Zyl Smit, Dirk, and Katrina Morrison. "The Paradox of Scottish Life Imprisonment." European Journal of Crime, Criminal Law and Criminal Justice 28, no. 1 (March 3, 2020): 76–102. http://dx.doi.org/10.1163/15718174-02801004.
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More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet , in many respects, Scotland claims to adopt a welfarist rather than a penal approach to criminal justice. This paper uses a wide range of data to explain the factors underpinning this paradox. It focuses on key aspects of the imposition and implementation of life sentences, providing, for the first time, an analysis that goes behind headline figures. The paper concludes that, notwithstanding the commitment to welfare in penal policy, the high rate of life imprisonment is driven by both increased punitiveness and attempts to reduce the risk that serious crime poses to society. Finally, the paper outlines strategies for reducing the use of life imprisonment, which may be more effective because they pay close attention to the Scottish penal context, but which have relevance for other jurisdictions seeking to reverse penal excess.
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Rodríguez-Menés, Jorge, and José M. López-Riba. "The impact of the 2008 economic crisis on imprisonment in Europe." European Journal of Criminology 17, no. 6 (February 26, 2019): 845–76. http://dx.doi.org/10.1177/1477370819830586.
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We explore how the worldwide economic downturn of the early 2000s affected imprisonment rates across Europe. We test three hypotheses: (i) the recession caused an increase in incarceration rates directly, regulating the excess in labour supply; (ii) it did it indirectly, by affecting crime; (iii) its effects varied according to the institutional context – countries’ welfare states and criminal justice traditions. We use cross-national panel data to fit fixed, random and mixed-effects models and to explain variations in incarceration rates within and across countries during 12 years. The results show that the economic crisis had multiple effects on imprisonment and that these were moderated by the institutional context, increasing it in countries with less comprehensive welfare states and more punitive penal traditions and decreasing it in countries with penal-welfarist policies.
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ROOS, NEIL. "ALCOHOL PANIC, SOCIAL ENGINEERING, AND SOME REFLECTIONS ON THE MANAGEMENT OF WHITES IN EARLY APARTHEID SOCIETY, 1948–1960." Historical Journal 58, no. 4 (October 29, 2015): 1167–89. http://dx.doi.org/10.1017/s0018246x1400065x.
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AbstractThe connection between ideologies of nation, alcohol abuse, and social engineering have not received systematic attention from historians. This article offers a case-study from the history of apartheid South Africa. Working around a fragment of apartheid history, a bureaucratic panic that excessive white drinking threatened the stability of the racial order, it explores geneaologies of state responses to white drinking in South Africa. It then concentrates on the role of Geoffrey Cronje, an intellectual / bureaucrat who not only drove the panic but then used it to implement new forms of social engineering in white South African society. Drawing on penal and welfarist traditions as well as medical models of treatment, he introduced a system for the discipline and correction of whites who drank heavily that drew on both state and private resources. I examine how the defiance of those incarcerated for drinking helped shaped subsequent, lighter-handed responses that managed the drinking of greater numbers of whites. This article may provide avenues for investigating alcohol abuse, state intervention, and social engineering in a range of mid-twentieth-century societies.
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Shah, Anil, and Christoph Scherrer. "The Political Economy of Prison Labour: From Penal Welfarism to the Penal State." Global Labour Journal 8, no. 1 (January 31, 2017). http://dx.doi.org/10.15173/glj.v8i1.2774.
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<p>The article traces the return of prison labour for commercial purposes in the United States. In the age of Fordism, work for commercial purposes was prohibited in prisons; the emphasis was on rehabilitation. This “penal welfarism” gave way to a “penal state” of extremely high incarceration rates and exploitative prison labour. While this shift mirrors the turn to neo-liberalism, it is also the result of specific labour market conditions and racial discrimination.</p>
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Lockwood, Kelly, Tony Long, Nancy Loucks, Ben Raikes, and Kathryn Sharratt. "A double-edged sword: Children’s experiences of visiting a parent in prison in Scotland." Probation Journal, July 1, 2021, 026455052110255. http://dx.doi.org/10.1177/02645505211025592.
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Prison visits are recognised as an important feature of a humane prison system, providing important benefits for prisoners and their family in maintaining ties (McCarthy and Adams, 2017). Scotland has a history of penal welfarism and a right-based agenda in relation to visits (McCarthy and Adams, 2017); however, there is a lack of research that focuses on visits in the context of Scottish prisons. Equally, there is limited research that considers the perspective of children visiting a parent in custody. This paper explores the experiences of children visiting a parent in prison in Scotland, highlighting lessons for policy and practice.
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Maglione, Giuseppe. "Restorative Justice, Crime Victims and Penal Welfarism. Mapping and Contextualising Restorative Justice Policy in Scotland." Social & Legal Studies, October 11, 2020, 096466392096566. http://dx.doi.org/10.1177/0964663920965669.
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While the criminological literature is abundant in studies on the functioning and effectiveness of restorative justice, there is a lack of engagement with policy on this subject, in spite of the increasing incorporation of restorative justice into policy frameworks. This paper contributes towards addressing this gap by mapping and discussing Scottish policy on restorative justice. The focus is placed on how policy frames restorative justice around certain problems, subjects and objects, reconstructing their underlying assumptions. Additionally, the paper analyses the cultural and political context within which those representations have emerged. From this perspective, it enhances the legibility of the particularly slow and fragmentary development of restorative justice in Scotland, compared to the rest of the UK. More generally, the paper provides an original (and relevant beyond British borders) case study on the interplay between cross-national and local, cultural and political factors in influencing policy change.
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Super, Gail. "Punitive Welfare on the Margins of the State: Narratives of Punishment and (In)Justice in Masiphumelele." Social & Legal Studies, May 19, 2020, 096466392092476. http://dx.doi.org/10.1177/0964663920924764.
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While there is an established literature on the relationship between political economy and state punishment, there is less work on how punishment is constituted from below in contexts of inequality. This article analyses the discourse around incidents of lethal collective violence that occurred in 2015 in a former black township in South Africa. I use this as a lens for examining how punitive forms of popular justice interact with state punishment. Whether via the slow violence of structural inequality or the viscerally corporeal high rates of interpersonal violence, my interviewees were intimately acquainted with violence. Although they supported long-term imprisonment, none of them came across as stereotypical right-wing populists. Instead, they adopted complex positions, calling for a type of punitive welfarism, which combined harsh solutions to crime with explicit recognition of the importance of dealing with ‘root causes’. I argue that when the state is perceived to be failing to both impose punishment and provide welfare, violence becomes a technology of exchange, which simultaneously seeks both more punishment and more welfare. The result is an assemblage of exclusionary penal forms.