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Encyclopedia > Penal harm

Penal harm, an intentionally harsher form of the "depravation of liberty", is the belief that during custodial sentences (mainly in prison or reformatory), inmates should endure additional pain and suffering, not just having their basic rights taken away, to make the punishment deliberately harder. A custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a reformatory, (maximum security) psychiatry or drug detoxication (especially cold... REFORMATORY is : an adjective, from and referring to any connection with reform or reformation, especially (notably when capitalized) to the protestant Reformation a substantive, indicating a juvenile prison where legal minors are sent by (juvenile or general) court to spend a custodial sentence, separate from the bad example of and... This article refers to an imprisoned person. ...


While this improves the desirable deterrent effect of detention, and fits the idea of retribution, its perception as cruelty rather then justice may endanger both internal security and prospects for rehabilitation and goes against the humane ideal of most human rights advocates, possibly qualifying legally as inhumane punishment, an infringement on human rights under the UN rules. This theory of punishment is based on the notion that punishment is to be inflicted on a offender so as to reform him, or rehabilitate him so as to make his re-integration into society easier. ... The United Nations, or UN, is an international organization established in 1945 and now made up of 191 states. ...


Although internal punishments, imposed by prison authorities, are not strictly penal harm as such, since they are not independent from the convict's behavior, arbitrary application and choice of cruel modes, including corporal punishment (in South East Asian countries this can include the dreaded Rotan caning), perfectly fit the rationale. Corporal punishment is the deliberate infliction of pain intended as correction or punishment, (corporal means of, relating to, or affecting the body). ... Location of Southeast Asia Southeast Asia is a subregion of Asia. ... Caning is corporal punishment with a cane, generally on the buttocks, palm or the soles of the feet. ...


So thus the practice that the judgment may prescribe, or in some cases the custodial authorities are authorized to decide for themselves, a delayed corporal punishment: in stead of one installment, the convict is made to wait part or all of his term, sometimes without being given a date, for a predetermined installment, adding psychological torment; the same is true a fortiori on death row. Death Row is a term in the United States of America which refers to that section of prisons which house persons awaiting capital punishment. ...


Traditional forms include

  • hard labor
  • rationed, unappetizing or even unhealthy food
  • various discomforts such as poor hygiene, small and overcrowded cells, hard bunks, insufficient protection against cold
  • long isolation, even in a dark 'hole'
  • sleep deprivation
  • humiliating procedures such as strip searches
  • denial of visits, correspondence and recreation.

In recent years, penal harm has taken (among other things) the form of poor health care for inmates; this includes the denial of medicine for patients diagnosed with HIV/AIDS. Sleep deprivation is an overall lack of the necessary amount of sleep. ... A strip search is the stripping (removal of clothing, search of person, or personal effects) of a person to check for weapons or other contraband. ... Health care or healthcare is an industry associated with the the prevention, treatment, and management of illness along with the promotion of mental, physical and spiritual well-being through the services offered by the medical and allied health professions. ... The Red Ribbon symbol is used internationally to represent the fight against AIDS. AIDS (Acquired Immunodeficiency Syndrome or Acquired Immune Deficiency Syndrome, rarely written Aids) is a disease characterized by the destruction of the human immune system. ...


It must be pointed out that many of the physical forms can also arise accidentally, as a result of understaffing, insufficient budget, or even legal considerations (such as delays deemed necessary for appeal procedures).


  Results from FactBites:
 
Week 3a Readings (1034 words)
For example, Cullen (Chapter 6 in Latessa et al.) assesses the penal harm of the decline in penal welfarism/the 20
Century Rehabilitative Ideal, focusing on the negative effects the imprisonment binge (an effect of the culture of control) has had on racial minorities and the current inability of policy makers to embrace rehabilitative efforts that are shown to effective (via empirical tests/evaluations) in treating offenders/reducing recidivism.
The shift from penal welfarism provided society with several predicaments, including high crime rates, limits of the criminal justice system, and the myth that the state is sovereign and thus has a monopoly on crime control.
  More results at FactBites »


 

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