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

2 Organizational and Statutory Structure

No living thing likes to be confined. The shaded plant seeks the sun. The trapped animal mutilates itself to escape. Since the first primitive human detained another, captors have been faced with the problem of controlling their captives. History demonstrates that administrative changes in prison procedures and, as will be seen later, judicial review thereof, lag demonstrably behind those outside the walls. The methods for determining prison offenses in Britain have not changed very greatly in the last 200 years. While Americans employed new methods of dealing with prisoners, sometimes emulated by the British, no claims can be made that American methods contributed significantly to making imprisonment more humane. Indeed, the history of prison regimes in both America and Britain is pocked by notable instances of inhumanity, often occurring in the name of reform. Thus, in both Britain and the United States the statutes and rules relating to institutional offenses have evolved over a long history and, indeed, one may suspect that the rules are the way they are simply because they have always been that way.1

Prison adjudications involve confrontations between prisoners and certain authorities. Thus, it is necessary at the outset to describe the statutory and administrative frameworks within which the participants must function. The participants themselves will receive attention in later chapters.2


Britain

Organizational Structure

The home secretary is the central authority for the prevention of crime and treatment of offenders in England and Wales. In Scotland, the secretary of state for Scotland holds authority over administration of prisons and related activities.3 The respective secretaries are members of Parliament and are answerable for their activities before that body. Indeed, as will be seen throughout this work, the availability of questioning in Parliament may be an avenue of complaint for prisoners and the answers of the ministers provide an excellent source of material for the researcher.

The authority within the Home Office directly responsible for administration, staffing, and building of prisons, borstals, detention centers, and remand centers is the Prison Department.4 The director general of the Prison Department is a deputy under secretary of state. In addition to his duties of overall supervision of the Prison Department, he is responsible for the parole scheme. His headquarters frames pertinent legislation, statutory rules, standing orders, and instructions and issues policy statements and guidance.

The Prison Department is divided into four regions. Beneath the regional offices are the various individual confinement facilities, each playing more or less a

-29-

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.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

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?

Help
Full screen
/ 418

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access 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

    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.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.