Penal harm

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Penal harm refers to a form of punishment that posits that inmates should endure additional pain and suffering beyond just having their basic rights taken away. This concept encompasses a range of unpleasant and miserable conditions and injuries harsher than mere "deprivation of liberty". These are justified by a certain ideology regarding custodial sentences, which are mainly served in prison or a reformatory.[1][2][3]

Overview

Proponents of penal harm state that the purpose is to prevent offending in order to stop further penal harm.[4]

Traditional forms include:[citation needed]

  • 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
  • prison rape
  • denial of visits, correspondence and recreation.

Criticism

There is poor evidence to suggest that penal harm has a deterrent effect once an offender's imprisonment is over.

inhumane punishment, an infringement on human rights under the UN
rules.

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

South East Asian countries this can include the dreaded rattan caning
), perfectly fit the rationale.

In the 1990s and 2000s, penal harm has taken (among other things) the form of poor

AIDS.[6][7]

Penal harm can also arise unintentionally, as a result of understaffing, insufficient budget, or even legal considerations (such as delays deemed necessary for appeal procedures).

See also

References

  1. ISBN 9780791421741
    . Retrieved September 7, 2013.
  2. S2CID 20138161
    .
  3. ^ "NCJRS Abstract - National Criminal Justice Reference Service". Ncjrs.gov. Retrieved September 7, 2013.
  4. ^
    S2CID 143976063
    . Retrieved October 22, 2023.
  5. ^ Maeve, Katherine M., and Michael S. Vaughn. "Nursing with prisoners: The practice of caring, forensic nursing or penal harm nursing?." Advances in Nursing Science 24.2 (2001): 47-64.
  6. ^
    doi:10.1080/07418829900094101
    .
  7. ISBN 978-1-4522-3739-8
    .
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