Professional Documents
Culture Documents
Contents
Page
Introduction 2
Features
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ECAN Bulletin, Issue 30, September 2016
Introduction
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ECAN Bulletin, Issue 30, September 2016
Features
Una Barr
Introduction
Ive just got to grow up really, more
than anything. Marie
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Whilst Grace felt that she had As can be seen in Holly and
matured since her early offending, Graces interviews, the natural
she was recently charged with a processes of growing up did
drugs offence for growing occasionally mean deviations into
cannabis. Graces most recent offending yet this did not always
offence was associated with choice mean deviations from the pro-social
and indeed careful consideration; it identity which they had been
did not indicate a move away from individually cultivating as they
her pro-social identity which was matured. Matzas (1964) theory of
based around her role as a mother. drift has salience here with the
For Grace therefore this offence sporadic nature of offending seen
was associated with bad luck and in these womens narratives which
did not reflect a deviation from her appear chaotic at times. As
pro-social identity (of course we Carlsson notes, drifts or lulls in
may question Graces vocabulary offending are likely to occur due to
of motive (Wright Mills, 1940) the nature of the social world, full
speaking to myself as a researcher as it is with its complexity,
here or to justice practitioners in the coincidences and contingencies
past). Nonetheless her subjective (2012: 915).
interpretation is important despite
techniques of neutralisation For these women offending in
(Matza and Sykes, 1964) earlier years was associated with a
employed). carefree attitude and a normalised
behaviour related to what
I was growing cannabis, um I will everyone else was doing.
say it was the wrong thing but for all Offending in youth also tended to
the right reasons, there was reasons involve drugs or alcohol. Whilst it
why I did it. I had a young daughter was a relational experience in
and the house, the house that Im still youth, drug use tended to be an
in, its, you know in winter, its very
isolating experience in older age for
cold, its drafty, and somebody offered.
I didnt go out looking for it, somebody the women. We can note the links
offered for, if I were to set up some here to cultural criminology, for
plants, you know whatever they made example Jack Katz 1988 work on
of it, they would give me half, and, you emotions and crime where
know its like two and a half grand, its offending is related to a buzz,
a lot of money when you havent got where at the time there are no
and I were thinking about it and I regrets and offending is exciting. In
basically worked out I could do it twice later years however this type of
a year, all I had to do was water them, offending lost its appeal for the
thats all I have to do with them. And women and they began to consider
then, April, round about my daughters
alternative settled lifestyles much
birthday, I would get a big lump sum
then, and then like in the winter, just like the desisting youth in Barrys
before Christmas, Id get another (2006) study.
lump, so it was sorta like it would see
me through Christmas, make sure I As these examples show, offending
could buy presents, make sure I could was not solely a natural process
keep the house warm, because it was which Holly and Grace grew out
very cold. That was it basically. of. Overall, offending was
(Grace, Age 31) generally a transitory
phenomenon (McIvor et al., 2000)
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for the women. Yet desistance was as a one-off and a giggle thing,
not a process which happened (or not something she was regularly
was happening) naturally. involved with. Marie spoke in great
Desistance, on the contrary, detail about her background and
required both the will and the employment history to highlight that
ways to stop. For Holly, desistance the change in her behaviour did not
means settling down with her actually mean a change in her
partner and regaining custody of identity as an essentially good and
their daughter. Graces desistance caring person.
narrative meanwhile focuses on her
relationship with her best friend and I mean I were a nurse, I were in St
gaining education and employment. John Ambulance when I were a kid.
Whilst self-control gained through Ten year I used to teach first aid, Ive
the aging process has a role here, got a qualification. A B.Tech national
diploma in science, Ive got all
it is not the sole desistance- qualifications in things. And then I got
promoting factor. pregnant, I had Jo, I couldnt go back
to nursing. And Ill tell you how I
Late onset offending started offending. I lived on a building
The beginnings of offending site, this building site and they were
occurred at different points for the building round me. And this lad said to
women studied. Whilst Maries me, oh thats that Kingspan there you
quote introduces us to this article, it know, insulation? It were like insulation
must be noted that Marie was 40 at for like walls. He said, If you get me
the time of our interview, certainly some of that Ill give you like fifteen
out of the peak of the age-crime quid a pack. So I started half inching it
curve found within traditional didnt I? Right. So I were making a
fortune of it (laughs). And I started
criminology. Marie herself
going all over, started going on other
recognises that her offending work sites and that. Anyway, I didnt
trajectory was the opposite of what really got caught doing any of that.
a researcher might usually expect. And then I started hiring tools, it just
got it grew should I say. Its just
UB: Were going to talk about your not greed; Im not a greedy person.
background, community, family and Ive had money and then lost it I
school and so on. So what were you used to have money I used to make
like as a child? 1000 a week cash and that were legit
money, I had my own pub and hotel
Marie: Um Better behaved than I am so But I went from that, then
now (laughs). I were basically, I were everything went tits up and then I just
quite a good child really started basically doing it 'cause I were
skint Its been like possibly, over the
UB: And do you remember what you last ten years really that Ive been in
were like at school? bother. Its not really, Im not a
naughty, naughty girl, I wouldnt go
Marie: I were a bit of a bugger but I and burgle someone or owt like that,
werent really bad. I wasnt as bad Ive got an heart do you know what I
then as I was now, I seem to have mean? One of them, its Im stubborn
gotten worse as Ive got older. (Marie, and Id rather go out and dig some
Age 40) flags up from an old farm thats
disused than ask me mum for money
Although Marie mentions a do you know what I mean? (Marie,
shoplifting incident when she was Age 40)
10 or 11, she describes the incident
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Marie is quick to note that she is student, I still became a bully, that's
not a greedy person or a naughty what I became, I became a bully. So I
girl but that offending in later life was quite manipulative ... And then
was related to both poverty and eventually that resulted in me being
chance. Maries partner, Claire excluded or as it was called then
expelled from school... So as soon as
claims that Marie has ODD or I'd been expelled from school I then
Oppositional Defiance Disorder was on a boat to Belgium and I was
which she argues explains Maries packed off to boarding school... And
late onset offending. In my field that was it; I went to boarding school...
notes, I note that Marie was And they were all diplomats, very...
probably in the primary desistance you know quite wealthy children... I felt
(Maruna and Farrall, 2004) phase totally isolated for the first six
of her offending trajectory. As part months So it took me about 6
of her sentence Marie is banned months and then from then on in it was
from driving and she is proud when essentially the main kick up the bum...
relating that she has not driven well I say that it put me on the right
track until I was 42. So you know, and
yet, the yet here suggestive of I did manage to get my head down.
her possible actions in the future. (Rebecca, Age 46)
She relates stealing stone flags to
a buzz as well as a needed From here Rebecca lived a fairly
income stream, much like the early privileged life, working for
cultural offending of Holly and international companies and
Grace. Marie speaks about her travelling the world with her
offending in the present tense. husband and two young children.
Maries trajectory does not follow a However on the familys return to
maturational course as desistance England at the age of 32, Rebecca
has not happened naturally or began to develop an alcohol
without the influence of other dependency which essentially led
factors (Glueck and Glueck, 1950). to her offences.
Whilst Marie recognises she must
grow up, without the will and the So from being 33 up until I was 42 was
ways to do so, desistance has not the real decline with alcohol. And you
been forthcoming. know my marriage broke down, my ex-
husband then took the children, didn't
Similarly Rebecca notes that her bring them back, took them out of the
offending has been confined to country. I then went through probably
later life. Although in her early days as many courts as I could, hired
Rebecca remembers being solicitors, racked up huge legal fees,
and ran away from it all. Moved to
expelled from school, after a
Austria, thought I'd go back to Europe,
difficult childhood caring for her worked there, tried to get my life on
schizophrenic mother and dealing track but the booze was, you know, it
with her parents divorce, she had now got a complete grip of me
quickly turned her life around whilst So I just blew every penny I had, I was
in a privileged school in Europe getting in a mess... And I then rang
which she was able to attend my father and sort of said, "Come and
thanks to her grandfathers help" I was just in a total mess. So
connections. he said, "Yeah." Came back to Easton,
so I was 42. Came back to Easton,
I went into secondary school; while I sort of you know quite broken. Moved
did all my school work, I was an A+ in with my father and my step-mother
who I'd had quite a difficult history
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pockets and things, because you used persistent offenders, their lives
to leave your bags and coats in the share many of the conditions and
cloakroom. So there were things like disadvantages of females with
that but, no I didnt, I kept away, I kept convictions in general and their
away from people like that, otherwise desistance narratives are therefore
my parents wouldnt have liked it. If
important. Neither Katie nor
they didnt like somebody I couldnt
speak to them so (Katie, Age 60) Heathers desistance occurred as
part of a natural process but much
Particularly for Katie, the entry into like the other women previously
the criminal justice system was mentioned required both support
something which was wholly and agency.
unexpected and out of the ordinary.
At the time of our interviews she did Women who may be viewed as
not see herself as an offender but one-off offenders or even
maintained her pro-social identity offenders without intent, should not
which was connected to her be eliminated from any
childhood and upbringing. consideration of desistance. Like
the women who follow a traditional
If somebody had have sent me a trajectory of offending, or those
letter, I wouldnt have ignored it, Ive who come to offending in later life,
never been like that. Ive always been one-off and non-intentional
brought up to you know, know right offenders travel the same criminal
from wrong. My father, he would never justice pathway; they are arrested,
claim benefit or anything. My mother put on trial, punished or treated
wouldnt, they didnt believe in it you accordingly. This pathway has an
know, so I werent brought up that effect on their lives and identities.
way. (Katie, Age 60)
Often, as Katie and Heathers
experiences show, their lives have
Nonetheless both Katie and been blighted by gendered or
Heather had lives which can be structural inequalities. Furthermore,
regarded as typical of females they travel the same journeys of
entering the criminal justice system. resilience and survival which often
Both suffered from myriad mental mirror their fellow offenders
health issues including self-harm desistance attempts.
and suicide attempts, Heather had
a history of childhood abuse from Conclusion
her father and her alcoholic mother Whilst many of the women studied
whilst Katie had physical health decreased the concentration and
problems and relationship level of their offending as they
problems with her husband and aged, others did not offend until
daughters. For both women, their later in life and for yet others
problems were exacerbated and offending was comparable to a blip
multiplied with their entry into the in an otherwise law abiding
criminal justice system. Minor narrative which was nonetheless
offences by women are currently marred by disadvantage. Whilst the
resulting in harsher responses maturational theory, which
across the western world (Sheehan considers offending to be a
et al, 2007; Barry and McIvor, behaviour that (most) individuals
2008). Whilst neither Katie nor will grow out of does have some
Heather can be considered salience in the experiences of the
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Laub, J.H. and Sampson, R.J., 2001. and Turning Points Through
Understanding desistance from Life. London: Harvard University
crime. Crime and Justice, 28, pp. 1-69. Press.
Laub, J.H. and Sampson, R.J., Sheehan, R., McIvor, G. and Trotter,
(2003) Shared Beginnings, Divergent C., (2007) What Works with Women
Lives: Delinquent Boys to Age Offenders. Devon: Willan Publishing.
70. London: Harvard University Press.
Weaver, B. and McNeill, F.,
Maruna, S. and Farrall, S., (2004) (2010) Changing Lives? Desistance
Desistance from crime: A theoretical Research and Offender
reformulation Klner Zeitschrift fr Management. 3. Glasgow: The
Soziologie und Sozialpsychologie, 43, Scottish Centre for Crime and
pp. 171-194. Research.
Maruna, S., (2001) Making Good Wright Mills C., (1940) Situated
How ex-convicts reform and rebuild Actions and Vocabularies of
their lives. Washington DC: American Motive. American Sociological
Psychological Association Books. Review, V, pp. 904-913.
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Introduction
Sex workers are particularly
vulnerable group. It is our
contention that they are subject to
grave violations of human rights. A
majority of the sex workers go into
this profession when they are
minors, often without their consent
and thereby become vulnerable to
sexual violence and economic International (1992) report
exploitation (Misra and Shah, highlighted human rights violations
2000). Sex workers in India suffer committed by the police and other
frequent harassment by variety of state actors in India. Also the
people connected with this lethargic attitude of courts, various
profession and unlawful detention human rights and womens
by police (Jayasree, 2004). commission has resulted in further
violations of rights (Misra and Shah
The Indian Constitution of 1950, a 2000).
plethora of legislation to prohibit
gender discrimination and This paper seeks to advocate the
exploitation by gender and being a human rights of sex workers,
signatory to many international particularly in the Indian society,
conventions on the rights of women also give an account of the
have not facilitated the end of legislation for the protection of sex
discrimination against women from workers, taking into reflection the
her society. India has been Governments attitude towards
unsuccessful in protecting the them.
human rights of women in particular
those of sex workers. United Nations Rights
One half of the worlds population
Governmental policies that focus is systematically discriminated
on rescue and rehabilitation, or are against and denied opportunity for
based on the idea that sex work is the crime of having a female
immoral, have various gaps are chromosome (Watkins 1995).
unlikely to succeed in promoting
the well-being of sex workers. To eliminate all forms of
Often it is the very institutions that discrimination and to attain equality
are meant to protect rights that between women and men are
violate them. An Amnesty fundamental human rights and
United Nations values. In the
preamble to the United Nations
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Sex work is not an offense per se in these provisions to abuse sex workers,
India but ITPA includes provisions that particularly those working in the
criminalise almost every aspect streets. Thus, a law meant to protect
relating to sex work. Provisions of women is being used to punish them
ITPA have been misused to arrest and (Jayasree A, 2004).
harass sex workers, not considering
whether they are in sex work NGOs, in an effort to eradicate sex
voluntarily or have been forced for work and to enable sex workers to
these acts. National Human Right benefit from rehabilitation especially if
Commission (NHRC) in its 2004 report they believe they have been trafficked,
(Nair 2004) observed that it was work alongside the police in raids and
disturbing to note that out of almost searches. It has also been suggested
14,000 persons arrested every year that the raids are carried out to evict
under ITPA, approximately 90 percent sex workers from a red light area and
are women. The other 10 percent to sweep the streets of sex workers
include brothel keepers, pimps and who are then harassed by officials
clients. Thus women engaged in sex asking for bribe and sexual favours
work are more vulnerable to abuse by from them (Pai et al 2014:7). It has
the officials than men engaged in been reported that police authorities,
maintaining activities related to sex while conducting the raids, often
work. engage in physical violence and
excessive verbal (sexual) abuse, to
ITPA sections 7 and 8 target threaten sex workers (Pai et al
prostitutes by penalising sex work in
2014).
public places. Section 8B, under which
a huge majority of women are
arrested, prohibits soliciting in a public Rehabilitation and rescue
place. Generally convictions under provisions contained specifically
these sections are instant, as sex under Sections 19 and 21 of the
workers admit and accept the charge ITPA can also be seen to result in
to speed up the proceedings which human rights violations, in
they see as a better option than being particular through police and NGO
in custody waiting for trial and lose brothel raids to rescue women and
earnings. In reality, the police use place them for rehabilitation
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in creating a legal environment that Study Says, N.Y. Times, Aug. 1, 2007,
helps them to access HIV and http://www.nytimes.com/2007/08/01/w
other health services, to report orld/asia/01hiv.html?_r=0 (Accessed
violence and human rights abuse December 10, 2015).
by various stakeholders involved in Menon, M. (1999) A Twilight Zone for
this trade including police. Women Red-Light Workers Along
Indian Highways, Hindu, Mar. 9, 1999,
References http://www.hartford-
Amnesty International (1992) Rape hwp.com/archives/52a/ 061.html.
and Sexual Abuse: Torture and Ill (Accessed December 5, 2015).
Treatment of Women in Detention,
New York: Amnesty International Misra G, Mahal A and Shah R (2000)
Protecting the Rights of Sex Workers:
Dennerstein L and Baltes M. (2000) The Indian Experience, Health and
Womens Rights and Bioethics, Human Rights, Vol.5, No.1, 88-115
UNESCO Publication. (2000).
Gangoli, G. (2007) Indian Feminisms: Morsink J, (1991) Womens Rights in
Law, Patriarchies and Violence in the Universal Declaration, Human
India, Ashgate Publishing Limited Rights Quarterly, vol. 13, No. 2 (May
1991)
Human Rights Watch (1995) Rape for
Profit, Nair, P. (2004) A report on trafficking
http://www.hrw.org/reports/pdfs/c/crd/i in women and children in India 2002 -
ndia957.pdf (Accessed December 18, 2003, New Delhi, NHRC, UNIFEM ISS
2015). http://nhrc.nic.in/Documents/Reporton
Trafficking.pdf (Accessed December
Jayasree, A. (2004) Searching for 10, 2015).
Justice for Body and Self in a Coercive
Environment: Sex Work in Kerala, Office of the United Nations High
India, Reproductive Health Matters, Commissioner for Human Rights
Vol. 12, No. 23, Sexuality, Rights and (OHCHR) and Joint United Nations
Social Justice (May, 2004). Programme on HIV/AIDS (UNAIDS),
UN Doc. No. HR/PUB/06-9
Joint United Nations Programme on (2006).Available at
HIV/AIDS (UNAIDS), Guidance Note http://data.unaids.org/Publications/IRC
on HIV and Sex Work (2009), -pub07/jc1252-
http://www.unaids.org/sites/default/file internguidelines_en.pdf.
s/sub_landing/files/JC2306_UNAIDS-
guidance-note-HIV-sex-work_en.pdf Pai, A. Seshu, M., Gupte, M. and
(Accessed December 20, 2015). VAMP, (2014) Status of sex workers in
India,
Kinnel, H. (2008) Violence and Sex http://t,binternet.ohchr.org/Treaties/CE
Work in Britain, Devon Willan DAW/Shared%20Documents/Ind/INT_
Publishing CEDAW_NGO_Ind_17395_E.pdf
(Accessed December 8, 2015).
Kotiswaran, P. (2001) Preparing for
Civil Disobedience: Indian Sex Pal S, (2015) Legalizing Prostitution in
Workers and the Law, 21 B.C. Third India: An Acrimonious Debate, in
World L.J. (2001), Gender Issues and Challenges in
http://lawdigitalcommons.bc.edu/twlj/v Twenty First Century (edited by Uttam
ol21/iss2/1 (Accessed December 22, Kumar Panda), Satyam Law
2015). International.
McNeil D, Jr., (2007) Sex Slaves Ray A, (2010) International Womens
Returning Home Raise AIDS Risks, Health Coalition, The Work of
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Oriana Hadler
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The Brete19 and A Partnership wing of the prison until the next
triagem' period starts. This waiting
I present here an entangled cell is called Brete or Cattle
scene>: The Brete and A Chute and despite being created to
Partnership, in which I describe the safely secure ten prisoners, the
intricacies of the daily triage, or the Brete usually holds around 60
screening process the prisoners prisoners, especially at weekends.
have to pass through when arriving
at the prison. In this context, a In the Brete all prisoners stay
psychologist, a police officer and a together, regardless of whether
prisoner work together to calm they belong to one gang or
down a frightened just-turned 18 another, creating an athomosfere
year old first time prisoner. Using different from the other prison
this scene, I analyse how prison wings: in the main prison cell
overcrowding, minimal institutional blocks are divided according to
structure and the ruptured gang factions, in order to prevent
prisoners rights produces a riots. Another measure taken to
homeostasis system in which prevent violence and as a result of
entangled relations are sustaining overcrowding was the removal of
the penal system itself. all cells doors so the prisoners
could wander freely and organise
The triagem is the process of themselves on each wing. This self-
interviewing all prisoners on arrival organisation aspect is also seen at
regardless of age, or whether they the Brete.
are first timer or returning to the
prison in order to gather personal The PCPA was in its usual
data, gather information about their overcrowded state when one
legal case as well as their basic Saturday evening a psychologist
needs (eg health, assistance, was called to intervene when a
clothing). This happens each week first-time offender was panicking
day, except Thursdays, and is inside the Brete. No one knows
usually conducted by technical what precisely caused his anxiety
prison staff: psychologists, public attack, but perhaps the idea of
attorneys and social assistants. being stuck with 60 other prisoners
When people arrive at the in a cramped cell, after being
weekend, they have to wait in a cell dragged and held for hours in a
located below the administrative dark van, without receiving any
food (prisoners only receive food
after being sent to their wing), can
19 In the Portuguese dictionary Brete has drive anyone to loose their mind.
the meaning of: 1. Bird trap; 2. Deceit,
deception; 3. Corridor closed on both
sides, through which the cattle passes in The police officer on duty called the
order to take a medicinal bath or to be psychologist after being
killed; 4. A construction made of strong summonsed by prisoners to see the
planks or trunks, forming a tall and narrow young man who had just turned 18.
corridor, its width suiting an animal and its
He was in total despair. The
extension built to fit four or five of them for
shearing, castration, cure or brand psychologist responsible for the
(Michaelis, 2014). After speaking with Youth Coordination of Prison
prison staff, it became clear that the third Services was used to managing
and fourth description of this word is the this sort of situation, however that
one used in this analogy.
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ECAN Bulletin, Issue 30, September 2016
day a different approach expected would contact his family and lawyer
her. When she arrived, the young as soon as possible, and so on. Still,
person was waiting in one of the even though they dismantled this
interview rooms with his hands violent notion, they were also truthful
cuffed behind his back, tears flowing about prison life difficulties and poor
down his face and his body conditions. It was no fair tale told to
trembling. The prison officer was quiet a child; it was a real
standing next to him. After talking to description of prison community and
him for quite some time without its dynamics.
being able to calm him down, both
psychologist and guard were in no After this intervention, he was not
doubt: they asked for the prefeito sent to the Brete again, but straight
(the leader or mayor if literally to the wing where first-time
translated from Portuguese) of the prisoners were held. Both the
first-time offender gallery to join psychologist and prison officer
them. stayed behind, while the prefeito'
accompanied him.
One might view this as intending to
threaten the new prisoner, however, To analyse this scene, I will return to
what came next showed something the questions posed earlier:
different. As soon as the prefeito
arrived, the three of them What is at stake in the
psychologist, prison officer and operationalisation of some prisons
prisoner started an intervention considered abandoned by state
towards the young man. They forces?
assured him that what he had heard For years the PCPA has been
about prison life in popular condemned as one of the worst
discourses was erroneous: he would penal institutions in southern Brazil,
not be physically abused nor have not only in terms of penal
his clothes stripped off; he (mis)treatment, but in the sense of
being completely abandoned by the
government. Since the police task
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dont steal, you, no one would have penal communities, displacing how
a job. Everyone would be we perceive punishment and
unemployed if I didnt steal. If I dont imprisonment. And, especially when
get mine, you dont get yours. sharing such stories, it raises the
Surprised and interested in such a question of our own roles played in
statement, the journalist asked, this setting. Us: the social science
so you mean that, with your and humanities researchers.
ideology, with this mentality of
yours, you mean to say that you References
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officers, to us journalists?. To Pessoas Presas no Brasil. Conselho
which the subject finally answered, Nacional de Justia: Departamento de
Monitoramento e Fiscalizao do
to the journalist, to the scribe, the Sistema Carcerrio e do Sistema de
commissioner, the judge, the Execuo de Medidas Socioeducativas
prosecutor. Everything is acquired (DMF). Supremo Tribunal Federal.
through me, who is a thief. Brasilia/DF.
Contributing to the greater good.
Brasil. (2013). Lei 12.852 - Estatuto da
What is the utility of precarious lives Juventude. Secretaria Geral da
and its mechanism for surviving? Presidncia da Repblica - Secretaria
Didier Fassin (2007, 2013) suggests Nacional de Juventude. Governo
Federal: Braslia/DF.
there is a relationship between
precarious life and hierarchies of Brasil. (2012). Departamento
humanities. He identifies how Penitencirio Nacional DEPEN.
different values attributed to certain Ministrio da Justia. Governo Federal:
modes of existence produce a Braslia/DF.
utilitarian aspect towards bodies
Darke, S. (2013). Inmate governance in
considered vulnerable and an Brazilian prisons. Howard Journal of
agency, or a potent strength of Criminal Justice 52 (3), 272-284.
these bodies, or, what he calls: a Frum Brasileiro de Segurana Pblica.
politics of survival. (2014). Anurio Brasileiro de
Segurana Pblica - 2014.
This understanding opens a
possibility to think about informal Fassin, D. (2007). When Bodies
dynamics of Brazilian prisons not Remember. Experiences and politics of
AIDS in South Africa. Berkeley: Los
only as pre-determined places of
Angeles, University of California Press.
chaos and despair, but where life Foucault, M. (2008). The Birth of
acquires its raw potency to resist: to Biopolitics: lectures of Collge de
survive. In other words, either at the France 1978-1979. Great Britain:
Brete, finding support in an unusual Palgrave Macmillan.
partnership, or answering back to
the journalist, such scenes unsettle Foucault, M (2012). Do bom uso do
totalitarian and media controlled criminoso: entrevista ao Le Nouvel
Observateur em 11 de setembro de
images of Brazilian criminal justice
1978. In: Ditos e Escritos VIII -
seen as the representation of Segurana, Penalidade e Priso. (Org:
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gazes towards multiple perspectives Janeiro: Forense Universitria.
among the entangled actors of
International Amnesty of Brazil. (2014).
https://www.youtube.com/watch?v=7lRl0s4 Jovem Negro Vivo. Recuperado em 10
hNOA novembro, 2014, de
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Introduction
Little attention has been given to
comparing desistance processes
across different countries. Moreover,
it is difficult to find research that
provides an in-depth comparison
into how broader social factors
(such as the economy, social
institutions and familial patterns)
may shape the ways in which
people desist in different countries.
Much of the research in the field is
mainly UK or US based and often
involve longitudinal cohort studies,
which tracks individuals and change
over time (Farrall and Calverley,
2006; for examples of studies see
Burnett and Maruna, 2004;
Sampson and Laub, 1993). Other
studies focus on the self-narratives
of people with convictions, in which
they describe change in their life desistance, how these processes
retrospectively (for example, vary or are alike in different
Maruna, 2001). Some studies countries with different social,
involve a combination of both economic, and criminal justice
methods, focusing on self-narratives conditions, may be a missed
and track change over time (see opportunity. The delivery of justice
Farrall et al., 2014; Giordano et al., and other social factors influences
2002; Leverentz, 2006). people with convictions when they
try to move away from crime. A
A key feature examined in study that explores how these
longitudinal studies is the processes are alike or vary in
development and change of different places can deepen our
desistance over time. And a understanding of how social,
common feature in self narrative political, and criminal justice matters
studies is an overemphasis on may shape the dynamics of
individual processes, while little desistance and how people
attention is given to the social and approach the obstacles and
penal contexts, which may shape avenues under different (or
these processes (see Farrall and comparable) conditions.
Bowling, 1999). The gap in research
into the spatial dynamics of
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ECAN Bulletin, Issue 30, September 2016
As part of a doctoral study that aims the avenues and obstacles that
to fill this gap, I compare desistance people with convictions face when
processes in England and Israel. they try and reintegrate back to
This study explores the social issues society. Several themes emerged
desisters face; the delivery of from the first type of comparison:
justice; and individuals narratives of employment; family; culture; and
how they are going-about desisting criminal justice aspects. This is
from crime. Participants were followed by a brief description of
recruited from the Probation what is meant by culture and
Services in England and Israel. The different social conditions, before
study places emphasis on factors discussing the themes that
related to reintegration that are emerged.
unique to each county and culture.
There are two types of comparisons A place to desist
which are undertaken. First, is a England and Israel, each, had
comparison of the social, economic, different set conditions at the time
political, cultural etc. contexts in the of the research, for example, the
two countries which (possibly) geography and population, political
structure routes away from crime. climate, socio-economical
There are four sources of data that conditions, the laws and
inform this analysis: bureaucracy in place. The countries
also display different cultures,
1. interviews with professionals that which, borrowing Karstedts (2001)
work with people with convictions, definition, is viewed as an
such as mentors, probation officers, overarching frame for values and
and those who work in non-profit patterns of actions by individuals.
organisations; Culture can be unique to a place,
2. data from the European Social
expressed in a certain way and
Survey (ESS);
3. official statistics; and demonstrate a pattern (Nelken,
4. the experience of living in each 2010). An expression of culture
country. (patterns of peoples values,
perceptions, wants, and actions) is,
The second type of comparison is of arguably in interplay with certain
the narratives and processes of realities or set conditions of that
adult men on probation who wish to place (Bourdieu, 1977). The themes
stop offending. Here, what is discussed next describe the set
explored is how participants frame conditions in the two countries and
their wish to desist; the issues they offer some conclusions on the
face; and how they approach these patterns that emerge in each
issues. The main aim here was to country. Particularly, how these
interview people as they try to patterns can have implications for
negotiate their desistance and are, the avenues and obstacles that
thus, in the midst of it; rather than people with convictions face.
narrating their stories
retrospectively. Getting a job
The first theme regarding
For the purpose of this paper, I employment relates to the laws and
focus on the social conditions and regulations around the rights of
penal policies in England and Israel, employer to ask about a criminal
which can have consequences for conviction. The second relates to
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ECAN Bulletin, Issue 30, September 2016
the patterns in which these laws are previous criminal records until the
practiced by society. There are two latter stages of a recruitment
laws or regulations in England and
Israel that are relevant for our
discussion: in England the
Rehabilitation of Offenders Act 1974
(ROA); and, in Israel the regulations
around the disclosure of a criminal
record Tehodat Yosher (direct
translation: integrity certificate).
Very broadly, the ROA was created
for the purpose of supporting the
rehabilitation of people with process and preferably until after
convictions into employment and the interview stage. While some
their overall reintegration to society employers are doing this and seem
(ROA, 1974). For most people and more willing to hire people with
offence types, after a set time (the previous convictions, it is still a
period of which depends on the challenge to foster change in social
sentence that was imposed), a attitudes to this issue.
conviction becomes spent which
then means persons are not Like England, in Israel a conviction
required to declare their convictions can be regarded as spent after a
when they apply for, for instance, set time in which a person has
employment, housing, or insurance avoided any trouble with the law
(ROA, 1974). Thus, in most cases a (CRARR, 1981). A potential
person only has to disclose previous employer sometimes asks for a
criminal convictions if they are document that is referred to as
unspent. In 2014, amendments to Tehodat Yosher (integrity
the ROA increased the length of certificate), however it is not clear
maximum custodial sentences that how frequently they do so. Unlike
can become spent (after a set time). England, where you can expect that
Previously, custodial sentences over in most cases a person will be
30 months were never classed as asked to tick a box to indicate
spent but the 2014 amendments whether they have a criminal
pushed this upper limit to 48 months conviction, the way this issue is
(Beard and Lipscombe 2015). approached in Israel is less
Furthermore, in most cases, but not consistent or organised.
all, the length of time that people Furthermore, it is illegal in Israel for
have to wait until a conviction is a public or private figure or
regarded as spent has been organisation to ask a person to
reduced (ibid.). Generally speaking, handout information about a criminal
until a conviction is spent, a person record. People or organisations that
will often ticks a box when applying should have access to such
to most jobs, to indicate that he or information are supposed to already
she has a criminal record. have independent access to it (ISP,
Professionals working in non-profit 2016).
organisations actively approaching
potential employers to get them to To deal with the pressure from
delay asking questions regarding potential employers that request
Tehodat Yosher, there is a new
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Style
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