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

4 Punishment Practices

In both Britain and the United States the punishments which may be "awarded" to or imposed upon disciplinary offenders range from caution and forfeiture of minor privileges to lengthy solitary confinement and unlimited forfeiture of remission. The nature of the punishments support arguments, on one hand, that the punishments are of such minor consequence that imposition should be left solely to the discretion of those responsible for prison administration, but, on the other hand, may be of such severity, potentially far exceeding sentences in some criminal courts, that those responsible should be held to utmost scrutiny.1

The maximum "awards" which may be bestowed upon erring inmates in British prisons are summarized in table 3 below:


Table 3 Awards*
Especially
Governor's
Awards**
GraverOffensesGraveOffenses***
(1)CautionYesYesYes
(2) Forfeiture of
Privileges****
28 daysunlimitedunlimited
(3) Exclusion from
Associated Work
14 days56 (28) days56 days
(4) Stoppage of
Earnings
28 (14) days56 (28) days56 days
(5) Cellular
Confinement
3 days56 (14) days
(28) days*****
56 days
(6) Restricted
Diet
(15) days(15) days
(7) Forfeiture of
Remission
28 (14) days180 (unlimited)
days
unlimited
*Sources: Prison Rules. rr. 50-53; Prison (Scotland) Rules, rr. 43,45.
**Scottish awards are given in parentheses.
***Column applicable to England only.
**** The general forfeiture of privileges sections must be read together with other special provisions
noted in text.
***** Award of (28) days in Scotland where prisoner found guilty of mutiny or incitement to mutiny.

Clearly, in the sense used herein, an "award" is not something that one receives for winning a violin competition or football game. In the prison sense, an "award" is a sentence imposed by a person or deliberative body resulting in pains or deprivations in addition to those to which the prisoner is normally subjected.

-89-

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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
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