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(1994). Can prisons belegitimate: Penal politics, privatisation, and the timeliness of an old idea.British Journal of Criminology, 34, 14-2811. Reisig, M. D. & Mesko, G. (2009). Procedural justice, legitimacy and prisoner misconduct.
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In A. Liebling& S.Maruna (Eds.), The effects of imprisonment (pp. 209-231).
London: Routledge9. Liebling, A., assisted by Arnold, H. (2004).Prisons and their moral performance: A study of values, quality and prisonlife. Oxford: Oxford University Press8. Liebling, A.
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(2010). Legitimacy and procedural justice in prisons. PrisonService Journal, 191, 4-106. Jackson, J., Bradford, B.
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Interpersonalviolence and social order in prisons. Crime and Justice, 26,205-281References Havinga crisis of legitimacy as whilst the prisoners have done some harm to society,they deserve to be treated in a respectful and humane way. However the findings in the research abovesuggests that there short comings in most prison regimes and despite numerousreports, it does not seem that the plight of BME prisoners is likely toimprove. Prison is intended to take away an individuals freedom but not theirbasic human rights.It can therefore deduced from the findings above that theprison system is (Franke et al., 2010), argues that whilst legitimacy isseen as a combination of procedural justice, respect and fairness, this is notalways the case in prisons as the way authority and power is not always down tothe prison officers but regime conditions. (Sparks et al., 2004) affirms how itis that prisons can be legitimate if there is a lack of security for inmatesand poor food quality, staff shortages and prison riots such as HMP Birmingham,Long Lartin in 2017.
Institutions such are prisons are there to safeguard,contain, rehabilitate and educate the wrong that the prisoners have caused tosociety and the harm that they have caused. Oder and legitimacy are supposed togo hand in hand and when there is a break in this chain then this means itgives rise to the question of legitimacy. Richard Sparks in a report aboutprisons in 1994, posed the question of whether prisons can be legitimate, heargued that though it was a state function to punish offenders, the running ofthe prison system was about trying to create a balance between legitimacy andsocial order. (Tom Tyler,2006) arguesthat can be illustrated by the process rather than the outcomes of decisions,gave the example of how if the rules are fair, consistent and the structure ofa prison are clear to a prisoner, that should an outcome be what the prisonerwas not expecting then the prison can be seen to be justified.
Researchsuggests that what prisoners view as legitimate can range from the relationshipbetween prisoner officer and prisoner, and the conditions of the particularprison both physical and mental and the organizational model. However there is a faction of prisoners thatview it as less legitimate and these tend to come from ethnic minorities.(Cheliotis & Liebling, 2006), argue that the ill treatment of prisoners andhow they view the legitimacy of prison institutions tend to be those fromethnic minority backgrounds, legitimacy it can be argued is solely based onindividual characteristics. In England and Wales there is about 85,000 which ismuch lower than that if the U.S.A, but is still significantly higher thancompared to the rest of Europe.
Prisons are there to perform a multitude offunctions and some of these functions are that whilst incarcerated they will belooked, care for and some of their basic human needs be met. However this isnot always the case as research suggests. According to a report by the (Guardian.co.
uk,2017),it suggests that the number of prisoners who are over the age 60 has more thantripled, which means that in-spite of all the austerity cuts the government iswilling to incarcerate those who will not be able to contribute to society. Asa result of harsher sentencing, research suggests that prisons are now beingused as care homes for the elderly who cannot cope in such enviroment’s as mostof the prisons were built in the Victorian era and are incapable of providingthe necessary care for the ageing prison population. Legitimacy can also bequestioned when research looks at the overrepresentation of BME (Black andminority ethnic) who are overrepresented in prisons and are more likely than their white counterparts to haveexcessive force used against them, this raises the question of legitimacywithin the prison system. A recent report suggest that prisoners from a BME are54 per cent more likely to be placed on the lowest basic level, does go insupport of the fact that despite numerous reforms and reports there still liesan inherent prison culture that supports Caucasian inmates and still treatsprisoners from BME backgrounds with bias and segregation, suggests the report.However what does this all mean for legitimacy and procedural justice? In theU,S as suggested by research certain outcomes such as excessive use of force,denial of privileges this brings about prisoners to question how they are beingtreated in comparison to other inmates and why they have suffered suchinjustices. Withinthe prison walls, order and legitimacy have an interdependent relationship onboth prisoners and staff. According to (Crewe, Liebling, and Hull, 2011) themany prisons in England and Wales have their own cultures, to which theprisoners and prison officers are a part of.Accordingto (Beetham, 1991) who is also regarded as one of the founding fathers of socialscience.
Argued that legitimacy was regarded as the right to obey rules withinthe confines of institutions or the rules of an authority. However this goesagainst the mere fact that the main reason that prisoners are in prisons isthat they have not adhered to the rules of society.(CesareBeccaria,1764) is often regarded as the father of criminal law and in his book” Crime and Punishment” , he stated that is the reparation that is necessitatedby a given society, by a person who has brought harm to that society. One ofthe core principles of Beccaria was that of proportionality, and swiftness.Beccaria argued that by nature, the motive for all human actions is utility inthe form of securing pleasure, and that by nature humans are greedy and selfishand tend to make themselves the centre of world affairs. However when we lookat the riots of 2011 it goes against some of these fundamental principles whichgive rise to legitimacy.
The (Criminal Justice Act 2003), clearly states thatthe five main guiding principles of sentencing are, punishment, crimereduction, reform, rehabilitation of offenders, protection of the public andthe reparation of offenders. However during the riots what we saw was acomplete disregard of these principles and focused on the just desert theory.Under the sentencing guidelines provision, offenders convicted of similarcrimes, should get similar punishments. Instead what we witnessed during the2011 riots was that custodial sentences had gone up and those in remand hadincreased even though the result of the trial could end up in a non-custodialsentence. This would all bring intodisrepute whether this is legitimate or not. The government might have beenusing this a deterrent to others, but clearly research shows us that shortprison sentences have a very limited effect on re-offending, and that more thanhalf of those who are released often reoffend with a year of being released,according to the (Home Office, 2017).
(Frankie, Bierie, et al., 2010), arguethat one of the major factors is that of prison officers in trying toadminister legitimacy through responses that are procedurally fair toprisoners. Research has shown how the conditions within a prison such as lowprison staff, overcrowding, the ill treatment of those from black and ethnicminority backgrounds can break down the relationship between staff andprisoner.
Procedural justice, it can be attested is essential in making surethat compliance is better than the use of force and is considered to be moreeffective. Prisons can be regarded as institutions that are shut off from theoutside world and have their own set of values and norms. A prisonersperceptions of procedural justice will look at how much trust they have in therules and regulations and how they are treated within the given closed society,and this will affect how legitimacy for prison authority they have suggests(Jackson et al.,2012).(T.Tyler,1990)argues that legitimacy can be regarded as something that is tangible, such asproperty by the authority, which is then deferred to a given society who adhereto the said rules and regulations set by the authority.
(Weber, 1968) argued that legitimacy was a property thatreflected the social values of any given society towards authority andinstitutions, and that this came in three different forms, namely normative,moral and ethical. However the instrumental model of legitimacy suggests thatthe police maintain their legitimacy in regards to how they treat the public. Prisonsit can be suggested are put in place so that the offenders who seen as threatscan be identified and the relevant authorities can monitor and control thethreat as well as hold the threat for a specified period of time.(Foucalt,1990), argued that in order to understand how the prison system works,one has to be able to understand who the system benefits.
As suggested earlierprisons are there to serve an important role in society. Foucalt goes on toargue that the upper ruling classes have created this ideology of fear anddelinquency which in turn maximises the panic of incarceration and in turngives absolute power to government agencies such as the police. It thereforeraises the question of how legitimacy comes into play.andsocial contract are what societies are led by and that we give up our naturalfreedoms so that a society can uphold the laws and rules that govern a nation.(Foucalt,1990) in his book Prisons andPunishment, argues that the main reason that we have prisons in our societyis that they serve an important purpose and that they are there to benefit thewhole of society. Prisons can be seen as socially constructed by the rulingclasses as a way of controlling society and keeping the fear of authorityjustified. The foundations of legitimacy, could be found in the works of (Hobbes,1679,Beccaria,1764OU1 ).
When trying to understandlegitimacy, it is important to also look at the idea of consent and socialcontract. In his book Crime and punishment, (Beccaria, 1764) suggests thatlegitimacy Inthis essay I will be arguing how the foundations of legitimacy are not insupport of incarcerating the vast numbers of individuals that have their basicfreedom taken away every year. It could be argued that the prison system ishaving a crisis of legitimacy as it appears to be in conflict of whatlegitimacy and procedural justice are about. The essay will also look at theworks of Jeremy Bentham, Cesare Beccaria, Tom Tyler and Bottoms & Tankabein relation to legitimacy and procedural justice. To what extent does today’s prisonsystem suffer from a crisis of legitimacy? Learning outcomes and grading Learning outcomes 1. Identify the problematic nature of common sense notions and understandings relating to crime and deviance. 2. Show the relationship between criminological argument and evidence.
3. Identify the socially constructed nature of crime and deviance. 4.
Begin to critically reflect upon the conflict between media representation and criminological theory and research, relating to criminal and deviant groups. Assessment Essay Presentation Essay Presentation Essay Presentation Essay 1st Extensive knowledge and understanding demonstrated. Highly developed, integrated, clearly articulated and appropriate understanding Clearly and consistently articulated appreciation demonstrated. Well developed & clearly articulated beginning to critical reflection 2.
1 Very good knowledge, some areas more highly developed than others. Consistent and accurate application made. Well developed and articulated Consistent and accurate beginning to critical reflection. 2.2 Good basic grasp of appropriate knowledge. Definite attempts to link argument to evidence.
Good basic awareness displayed. A reasonable attempt at beginning critical reflection. 3 A basic level of understanding and knowledge demonstrated. Some evidence of links demonstrated. Some awareness apparent Limited attempt to begin critical reflection made. Refer Criteria not met Criteria not met Criteria not met Criteria not met Tutor’sSignature……………………………………. Grade…………… Agreed……. 1st Marker:Helen Arnold…………………………………… Grade………….
. 1 Proof read your work more carefully. 2 Look carefully at your grammar, syntax and phrasing. 3 Please use more examples to show the application of theory 4 Many of the points in the essay are very general. Please be more specific with regards detail and examples.
To improve Specific aspects of your work thatwere effective: Specific aspects of your work thatrequire further development: STUDENT:S173153 DATE:03/01/2018 MODULE: Penology DATE DUE: 03/01/2018 ASSESSMENT: 2 000 essay WEIGHTING: