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NCJRS Abstract

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NCJ Number: 159211 Find in a Library
Title: Reflexivity Run Riot: The Survival of the Prison Catch-All
Journal: Howard Journal of Criminal Justice  Volume:34  Issue:4  Dated:(November 1995)  Pages:354-362
Author(s): P M Quinn
Date Published: 1995
Page Count: 9
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United Kingdom
Annotation: This analysis of the prison rules in Great Britain concludes that Rule 47(21) should be eliminated, because it is contrary to two important principles and is unnecessary for punishing offenses against good order and discipline.
Abstract: The rule sets forth 22 types of offenses against discipline. Paragraph 21 does not refer to specific actions; instead it states that an infraction occurs if the prisoner "in any way offends against good order and discipline." Repeated demands have been made for the abolition of this paragraph. The paragraph does not allow for any strict construction of what may or may not constitute an offense. It may often operate retroactively to apply to an action that the inmate does not know is prohibited. During 1994, 7,537 charges brought under the paragraph were proved and resulted in 12,474 punishments, including 3,687 awards of additional days in prison. Political support for removing the rule is currently unlikely, however. Nevertheless, the catch-all phrase is of questionable legality; does little to enhance the concepts of fairness and justice; and may hinder rather than support the good order and discipline vital to correctional institutions. Notes, 26 references, and appended table
Main Term(s): Corrections in foreign countries
Index Term(s): Great Britain/United Kingdom; Inmate discipline; Inmate misconduct
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