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For those of you who follow The Criminology Team on Facebook you might have caught @manosdaskalou and I live from Eastern State Penitentiary [ESP]. In this entry, I plan to reflect on that visit in a little more depth.
We first visited ESP in 2011 when the ASC conference was held in Washington, DC. That visit has never left me for a number of reasons, not least the lengths societies are prepared to go in order to tackle crime. ESP is very much a product of its time and demonstrates extraordinarily radical thinking about crime and punishment. For those who have studied the plans for Jeremy Bentham’s panopticon there is much which is familiar, not least the radial design (see illustration below).
This is an institution designed to resolve a particular social problem; crime and indeed deter others from engaging in similar behaviour through humane and philosophically driven measures. The Philadelphia Society for Alleviating the Miseries of Public Prisons* was philanthropic and guided by religious principles. This is reflected in the term penitentiary; a place for sinners to repent and In turn become truly penitent.
This philosophy was distinct and radical with a focus on reformation of character rather than brutal physical punishment. Of course, scholars such as Ignatieff and Foucault have drawn attention to the inhumanity of such a regime, whether deliberate or unintentional, but that should not detract from its groundbreaking history. What is important, as criminologists, is to recognise ESP’s place in the history of penology. That history is one of coercion, pleading, physical and mental brutality and still permeates all aspects of incarceration in the twenty-first century. ESP have tried extremely hard to demonstrate this continuum of punishment, acknowledging its place among many other institutions both home and abroad.
For me the question remains; can we make an individual change their behaviour through the pains of incarceration? I have argued previously in this blog in relation to Conscientious Objectors, that all the evidence suggests we cannot. ESP, as daunting as it may have been in its heyday, would also seem to offer the same answer. Until society recognises the harm and futility of incarceration it is unlikely that penal reform, let alone abolition, will gain traction.
*For those studying CRI1007 it is worth noting the role of Benjamin Rush in this organisation.
Following the apparent growth in acid attacks the suggestion from Amber Rudd on a potential means of tackling the problem has all the markings of another knee-jerk policy that lacks careful planning and application. The proposal is to restrict the sales of corrosive substances and introduce new, specific legislation for possession and use of such substances against another person. The justification for these suggestions is based on the doubling of attacks between 2012 and 2016-17. Furthermore a 6 month review by National Police Chiefs Council (NPCC) report 400 acid or corrosive substance attacks between October 2016 and April 2017. The impact of such attacks is long lasting and without question, a horrific life changing experience, however is this reaction the right one for all concerned?
The plan to ban the sale of corrosive substances to under 18s in itself may be a sensible idea, if there is careful consultation on what substances are to be included in this blanket approach. A similar approach already exists with the sale of knives, tobacco and alcohol yet the extent to which these policies are a success is a moot point. Policing such an approach will also be considerably challenging because there is currently no clear outline of what the government intends to class as a corrosive substance. If the suggestions that bleach will be on the list then this may prove very difficult, if not impossible to police. Many of the corrosive substances being used today are household names readily available in most local shops and supermarkets, not to mention the internet. When purchasing items subject to restriction on the internet, the only check of age is you clicking a button to confirm it and maybe adding a date of birth, neither of which are particularly secure.
Taking this a step further the other suggestion is the creation of a new offence; possession of a corrosive substance in a public place. Such legislation is modelled on legislation already used to tackle knife offences and offensive weapons whereby a prison sentence of upto 4 years can be issues for possession, with intent to carry out an attack. However, why is such an approach necessary when perpetrators of acid attacks can already receive a life sentence under existing legislation. Is it because of the tremendous success of the approach taken to knife crime? Unlikely, if you consider the resistance by the judiciary to use such an approach which would inevitably lead to much higher prison numbers than we already have. In short, the ‘do it again…threat’ is highly unlikely to act as a deterrence when deterrence as a reason for punishment has long been questionable.
Is this another knee-jerk reaction to media hype? Evidence of another poorly considered policy response driven by political self-interest and the desire to be ‘seen to be doing something’. Many of these attacks have been linked to societies folk devils; youth or personal vendetta’s therefore rather than creating new policy, why not focus on existing measures using them to their full force and improving the services offered to the victims of these heinous crimes. Under existing legislations those convicted of an acid attack can receive a life sentences so why new legislation. Survivors also get a life sentence so surely the more appropriate response is to focus on victim’s needs (physical and psychological) rather than the creation of unnecessary legislation