Inside Justice: A Comparative Analysis of Practices and Procedures for the Determination of Offenses against Discipline in Prisons of Britain and the United States

By Bayard Marin | Go to book overview

5 The Determiners

Clearly, prison offenses and punishment practices have subjective aspects. Thus, the human elements involved in offense determination and imposition of punishments become very important. This chapter will deal with the authority, selection, background, and training of those who determine.

Research into the qualifications of prison personnel is a difficult matter, particularly in a work of this type where the information is to be used for limited purposes. First hand information in both Britain and the United States is not easy to obtain and, even if available, is dated or becomes dated very quickly. Fortunately, in Britain there has been unprecedented recent interest in the personnel involved in adjudications. That interest produced four important studies--two official and two unofficial--focusing attention on the selection, background, and training of the determiners. Those studies are contained in the Home Office's Report of the Working Party on Adjudication Procedures in Prisons;1 the report of a committee set up by Justice, the Howard League for Penal Reform, and the National Association for the Care and Resettlement of Offenders entitled Boards of Visitors of Penal Institutions (the "Jellicoe Committee Report");2 Professor Gordon Borrie's report of a study by the Institute of Judicial Administration at the University of Birmingham entitled The Membership of Boards of Visitors of Penal Establishments3--The Report of the Committee of Inquiry into The United Kingdom Prison Services (the "May Committee Report").4

In the United States the difficulties of research are complicated by the multiplicity of jurisdictions. The many jurisdictions are not at all uniform in selection and training of personnel. In Britain, or at least in England, the chief impediment is lack of official cooperation. This writer did manage to obtain some materials from the Home Office on staff recruitment and training. Indeed, this writer's acquisition is rather astonishing since the Home Office is not noted for openness in providing operational information. For example, the Institute of Judicial Administration could not even obtain access to the list of Boards of Visitors members--an important but seemingly harmless piece of information for their work.5 The Jellicoe Committee also had limited access to the boards, particularly regarding adjudications.6


Britain

If we regard discipline as a part of the overall morale and atmosphere of a confinement facility, probably the most important figure in the maintenance of discipline is the uniformed officer who deals with the prisoners on a daily basis, and attempts to control their conduct through reason, persuasion, or otherwise. Equally important, and in some cases more important, may be the professional

-130-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Inside Justice: A Comparative Analysis of Practices and Procedures for the Determination of Offenses against Discipline in Prisons of Britain and the United States
Table of contents

Table of contents

  • Title Page 3
  • Contents 7
  • List of Tables 11
  • Foreword 13
  • Acknowledgments 15
  • 1 - Introduction 19
  • 2 - Organizational and Statutory Structure 29
  • 3 - Offenses 47
  • Notes 80
  • 4 - Punishment Practices 89
  • Notes 119
  • 5 - The Determiners 130
  • 6 - Hearings: Procedures 162
  • 7 - Judicial Review: Some Constitutional Comparisons 216
  • 8 - Judicial Review: Judicial Intervention In Prison Adjudications 224
  • 9 - Access to Remedial Sources 289
  • 10 - Remedies 327
  • 11 - Conclusion 380
  • Appendix 1 - Procedures Questionnaire 386
  • Appendix 2 - Outline for Empirical Observations 388
  • Selected Bibliography 390
  • Index 399
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 418

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.