In the Journals

In the Journals – Incarceration, Rehabilitation, and Recidivism

Josh Shapiro: Fair Commutation Not Mass Incarceration by joepiette2 via creativecommons

Welcome back to In the Journals! This ongoing series aims to bridge conversations that are often siloed by discipline, geographical region, language, and race. One of our goals is to make sure that the diverse voices currently reporting their research on policing, crime, law, security, and punishment are presented here. We are continuing our catch-up to develop article collections around different questions and themes. This post brings together articles on incarceration, rehabilitation, and recidivism from throughout 2019 and 2020, to identify the effectiveness of and limitations to rehabilitation programs within prisons, as well as alternatives to contemporary prisons in administering punishment and rehabilitation – including decarceration and rethinking offender reform and harm reduction.

Katharina Maier’s article, “Canada’s ‘Open Prisons’: Hybridisation and the Role of Halfway Houses in Penal Scholarship and Practice” was published in The Howard Journal of Crime and Justice’s December 2020 issue. Maier analyzes data collected from in-depth interviews with twenty-seven residents and fifteen employees of four halfway houses in a north-western Canadian city, in order to identify Canadian halfway houses as a form of Nordic open prisons. Open prisons, in contrast to contemporary walled prisons which process and hold as opposed to rehabilitate or help offenders, have been identified as exceptions to the punitive turn of Western contemporary carceral logic and penal systems. With halfway houses focusing on producing an atmosphere reflective of broader society, providing residents independence and agency, operating on a reward and punishment system, and prioritizing rehabilitation, Maier argues for their reconceptualization from post-prison institutions to open prisons. Throughout the article, she notes that halfway houses share many similarities to Nordic open prisons, and are viable prison alternatives which are capable of reducing recidivism within a controlled yet humane prison environment. The article identifies the harms created by incarceration in contemporary closed prisons, as well as the transformative role Canadian halfway houses could have not as post-prison institutions facilitating re-entry and seeking to repair harms created by imprisonment, but as open prisons and correction facilities themselves. As community-based alternatives to closed prisons, Maier argues that halfway houses could reduce Canada’s carceral footprint and address some of the issues facing existing correctional facilities.

The December 2020 issue of The Oriental Anthropologist included the article, “An Empirical Assessment of the Effectiveness of Offenders’ Rehabilitation Approach in South Africa: A Case-Study of the Westville Correctional Centre in KwaZulu-Natal,” by Patrick Bashizi Bashige Murhula and Shanta Balgobind Singh. Through semi-structured interviews and focus groups with thirty inmates and twenty correctional center officials, the authors argue that despite the South African Department of Correctional Services’ (DCS) mandate to provide rehabilitation services to offenders, the DCS failed in its implementation of the needs-based care programs. The needs-based care rehabilitation programs are designed to reduce recidivism by developing specific intervention and treatment plans and services based on an assessment of recidivism risks and needs, coupled with the South Africa rehabilitation principle which identifies individual inmate values, learning styles, and cognitive abilities. Despite potential benefits and recidivism reduction resulting from the program, challenges with implementation have hindered its effectiveness. The authors indicate that assessments were done with a “one-size-fits-all” approach instead of individually; there were a lack of prison resources and staffing challenges for social workers, psychologists, and educational instructors which limited programming; correctional officers and social workers were performing psychologists’ duties; and services were hindered by prison overcrowding (and a resulting environment non-conducive to rehabilitation).

In the same issue of The Oriental Anthropologist, a similar article was published by Nozibusiso Nkosi and Vuyelwa Maweni, entitled “The Effects of Overcrowding on the Rehabilitation of Offenders: A Case Study of a Correctional Center, Durban (Westville), KwaZulu Natal.” The authors similarly discuss challenges posed by the correctional environment to rehabilitation, identifying overcrowding as having negative physical, social, and psychological impacts on offenders and reducing the effectiveness of rehabilitation programs. The article is based on ten semi-structured interviews with offenders, and five with correctional officers. While the correctional center provided the rehabilitation services as indicated in Murhula and Singh’s article, Nkosi and Maweni also find the same issues with program implementation. Nkosi and Maweni’s research identifies overcrowding as being the biggest challenge, as it creates conditions which inhibit rehabilitation efforts. Overcrowded conditions resulted in a lack of resources, inmate uncleanliness, insufficient medical care which decreased inmate health and increased deaths, inadequate sleeping arrangements, as well as less supervision and increased periods for inmates in cells. Inmates identified that conditions made them feel and behave like animals, increased incidences of violence and gang prevalence, and decreased their access to rehabilitation programs.

The California state’s attempts at dealing with the problem of overcrowding in detention centers through moderate decarceration, as identified by Victor Shammas, are incompatible with the system’s current belief that criminal rehabilitation requires punitive measures. Shammas’ article, “The Perils of Parole Hearings: California Lifers, Performative Disadvantage, and the Ideology of Insight,” appeared in the May 2019 issue of the Political and Legal Anthropology Review. Shammas utilizes fieldwork data collected from participant observation of twenty parole hearings in a California men’s prison, identifying that the state’s attempts at transforming the penal system to allow leniency in parole grants for inmates serving life sentences are futile amidst a hyperincarceration regime, with rehabilitation embedded and inseparable from retributive punitivity, and enmeshed in a culture of punishment. Shammas identifies parole hearings as oblivious hearings; hearings where parole boards were not actually listening, merely routinely completing a checklist of supposed insight and reform, which, if they result in parole grants, are likely be reversed by California’s governor regardless. Factors impacting board decisions include supposed ‘insight’ gained by inmates, performance and participation in rehabilitation programming, perceived self-sufficiency and self-improvement, introspection and transformation – all of which supposedly indicate likelihood of recidivism. In measuring inmates rehabilitation and recidivism likelihood by moral individual and responsibility measures, there remains a fundamental lack of listening and a heavy judgment of veridiction in parole hearings, both of which counteract supposed moderate decarceration measures.

Suzanne Morrissey, Kris Nyrop, and Teresa Lee’s article, “Landscapes of Loss and Recovery: The Anthropology of Police-Community Relations and Harm Reduction,” was published in Human Organization’s Spring 2019 issue. The article uses fieldwork conducted in Seattle, Washington in 2012, with low-level drug offenders and commercial sex workers participating in the Law Enforcement Assisted Diversion (LEAD) program, as well as police officers and case managers. The LEAD program was instituted in Seattle as a collaboration between the United States Department of Corrections, Seattle Police Department, King County Crisis Diversion Facility, the Defender Association Racial Disparity Project, and ACLU of Washington State, in order to redirect low-level offenders to community-based services instead of prison, and reduce recidivism. With the goal of analyzing the effectiveness of LEAD’s harm reduction capabilities, the authors identify the effectiveness of the program in reducing recidivism through a combination of rehabilitation, mental health, personal livelihood and educational development, and legal advocacy services. LEAD participants were 60 percent less likely to be arrested within six-months than those who did not participate in the program, and identified an increase in their quality of life, that their needs were addressed, and relationships with law enforcement officers improved. The authors further note that the program reduced community stigma around offence, and bridged divides in opinion of community members, law enforcement officers, and offenders.

The June 2019 issue of Transcultural Psychiatry included Sandra Teresa Hyde’s article, “Beyond China’s drug century: Yunnan’s first therapeutic community and narratives of drug treatment and mental health care.” Hyde’s article is based on ethnographic research from Yunnan Province’s residential therapeutic community for drug users, Sunlight, which she mobilizes in her analysis of China’s contemporary response to recreational drug consumption and mental health crises amidst a so-called second industrial revolution. Through nine months of participant observation at the Sunlight facility over three years, alongside 80 informal and 30 formal interviews with residents and staff, Hyde argues that China’s rapid increase in drug use stems from rapid urbanization and globalization which threatened the economic situations and mental health of citizens. Despite its attempt to manage the drug use and declining mental health resulting from this industrial revolution, Sunlight, following a therapeutic community rehabilitation model, walks the same line of success and failure as past opium consumption projects in China did. As the first rehabilitation center of its kind in China, Sunlight continues to face challenges posed by the intersection of punitive and rehabilitative approaches, as well as the national and local political rhetoric of addiction and treatment.

As always, we welcome your feedback. If you have any suggestions for journals we should be keeping tabs on for this feature, or if you want to call our attention to a specific issue or article, send an email to anthropoliteia@gmail.com with the words “In the Journals” in the subject line.
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In the Journals

In the Journals – Policing Migration

A Macedonian police officer raises his baton toward migrants by Freedom House via creativecommons

Welcome back to In the Journals! This ongoing series aims to bridge conversations that are often siloed by discipline, geographical region, language, and race. One of our goals is to make sure that the diverse voices currently reporting their research on policing, crime, law, security, and punishment are presented here. We are continuing our catch-up to develop article collections around different questions and themes. This post brings together articles from throughout 2019 and 2020 to identify the intersections of policing and migration. This includes the impacts of policing on migrants during and following the crossing of borders, the methods of deportation and securitization mobilized by police and border security, the production of citizenship by policing authorities and migrants, and the devolution of policing power to non-police actors.

Ioana Vrăbiescu’s article, “Deportation, smart borders and mobile citizens: using digital methods and traditional police activities to deport EU citizens,” was published in the Journal of Ethnic and Migration Studies in August 2020. The article analyzes eight months of fieldwork conducted between 2016 and 2017 with police units in France and Romania, in order to understand digital methods of deporting European Union citizens in France across the Schengen border in Romania. Adding to literature on crimmigration and digital technology used in policing borders, Vrăbiescu identifies a gap between the supposed controlled management of migration as a result of digital technologies introduced by the state in the deportation apparatus, and the reality of the Schengen border’s “messiness”. This “messiness” at the border results from the poor implementation of and training with digital technologies, unharmonious border patrol practices across the EU, the influence of nation-state narratives and norms of criminality and who poses a threat to the state, and the selective use of technology by border patrol officers. Vrăbiescu argues that technologies contribute to the draconian ‘Departheid’* policies and practices which work to systematically and totally remove illegal migrants, contribute to structural violence against Romanian citizens, and causes a surplus deportation of Romanian citizens from France. She notes that despite EU and state promotion of the use of digital surveillance technologies in migration control, border policing remains dependent on more traditional patrol methods and the discretion of officers interpreting and enforcing norms and regulations.

*The term ‘Departheid’ was proposed by Barak Kalir in his June 2019 article in Conflict and Society: Advances in Research, “Departheid: The Draconian Governance of Illegalized Migrants in Western States.”

International Migration published Mia Hershkowitz, Graham Hudson, and Harald Bauder’s article, “Rescaling the Sanctuary City: Police and Non-Status Migrants in Ontario, Canada” in April 2020. The article analyzes promises of protection made by Canadian cities for migrants in contrast with requirements of local police to cooperate with Canadian Border Services Agency representatives. Through interviews with Ontario police officers, the authors identify that despite sanctuary-city policies adopted in several Ontario cities, which prohibit the identification of non-status residents to Federal authorities by city employees, local police do not implement the sanctuary-city policies, and believe they have authority to report information regarding citizenship status to Federal authorities. With officers identifying provincial law and policy as being at odds with municipal sanctuary-city policy, they preference provincial legislation, influenced by inconsistent customs across police forces, and national securitization rhetoric which identifies non-status migrants as a threat to the state. Despite police officers’ recognition of the important values upheld by the sanctuary-city policy, their sense of securitization and perceived partnership with the Canadian Border Services Agency overrules the values of the policy. The authors call for clarity in provincial legislation, – which they claim already supports sanctuary policy – arguing that it would impose interpretive constraints on local police officers, and require them to uphold the sanctuary-city policy.

August 2020’s issue of Social Science & Medicine included an article entitled “Challenges to medical ethics in the context of definition and deportation: Insights from a French postcolonial department in the Indian Ocean” by Nina Sahraoui. Sahraoui utilizes interviews conducted with healthcare professionals in Mayotte and local and international health institutions to identify midwives’ power to police in migration control through their assessment of pregnant women intercepted at sea by police. She argues that midwives are socialized into logics of border enforcement, and granted the power to police patients’ mobility or immobility, determining if migrant pregnant women’s health can handle detainment and deportation. The increasing role of medical professionals – and in the case of Mayotte, midwives – in the policing of migrants (biopower) challenges medical ethics, as midwives are forced to make decisions on a patient’s medical status which will impact their migration status and could put their health at risk. This biopolitical management role that midwives are charged with infringes on their medical independence and relations of care, as their decisions on migrants’ mobility are informed by police authority pressure, state positions and policies on migration issues, social norms and stigmas surrounding migrants, and medical ethical norms of appropriate caretaking.

The Journal of Latin American and Caribbean Anthropology’s November 2019 issue included the article, “‘We Came for the Cartilla but We Stayed for the Tortilla’: Enlisting in the Military as a Form of Migration for Zapotec Men” by Iván Sandoval-Cervantes. The article, based on over one hundred formal and informal interviews conducted in Zegache in Oaxaca with Indigenous Zapotec community members (Zegacheños), explores factors leading to Indigenous men’s enlistment in the Mexican military. Many of these factors are economic, with men seeking a better life, health care, and economic means for themselves and their families, as the military provides skills and experiences which can expand employment opportunities both within Mexico and internationally. Sandoval-Cervantes identifies these factors as similar to those which lead to transnational migration of Indigenous youth, with enlisting also requiring Zapotec migration within Mexico during service. Zapotec Indigenous men become policing agents themselves as soldiers in the Mexican military, with policing being the catalyst for internal migration during service, as well as a requirement for transnational migration following service. Sandoval-Cervantes argues that enlisting in the military is itself a form of internal migration (and transborder experience), and becomes obligatory for migration as it provides men with the cartilla – proof of identity which is required to obtain a Mexican passport.

Anja Franck published an article in Asia Pacific Viewpoint’s April 2019 issue, entitled “The ‘street politics’ of migrant il/legality: Navigating Malaysia’s urban borderscape.” The article uses fieldwork with formal and informal Burmese labour migrants, police officers, and NGOs in George Town, Malaysia, to argue that migrants use whatever means available to them to navigate the urban borderscape, avoid police exploitation, and challenge the state’s production of migrant subjects and the urban city. Franck identifies migrants as agents in the bordering process, transforming urban space and its borders, as well as social relations, through their everyday encounters with police. She focuses on Malaysia’s policing of migrants internally instead of through their more easily-crossed transnational border, and identifies borders as performed and brought into existence through bordering practices. Burmese migrants’ access to Malaysia’s urban space is restricted through state internal immigration control and border-making practices, but is also transformed and redefined through everyday actions of border-making by migrants themselves, indicating the limits of state power to control and discipline migrants. These bordering practices are performed in the streets by both the state and migrants – the state’s practices being policing, spatial divisions, and the production of migrants as unwanted and illegal, and migrant practices being their continued presence in urban spaces and avoiding encounters with enforcement apparatuses, infringing on the state’s production of their identity and exclusion of them from urban space.

Looking at the intra-state policing of migrants, Tomonori Sugimoto’s August 2019 article in City & Society, “Urban Settler Colonialism: Policing and Displacing Indigeneity in Taipei, Taiwan,” focuses on the policing of the Indigenous Pangach/Amis people following their migration to Taipei. Sugimoto argues that Pangach/Amis urban migrants face ongoing dispossession of identity and land through state techniques of urban settler colonialism. After being displaced from Taipei following WWII, Pangach/Amis people migrated back to Taipei in the 1960s and 1970s, building urban squatter settlements as an attempt to reclaim their land. Following this migration, the Taiwanese government sought to re-displace the Pangach/Amis from urban Taipei in the 1990s and 2000s, utilizing police to force Indigenous relocation from squatter communities to a housing complex, which was under the surveillance of security guards and an on-site Han manager. Not only did the state force Indigenous relocation of settlements to a location heavily surveilled and policed, they sold Indigenous-occupied land to developers, enabling the policing of Indigenous street businesses and settlements, largely through fines, to ensure displacement. State dispossession was also naturalized by urban non-Indigenous residents, who further policed Pangach/Amis land and identity by claiming Han majority in Taipei, and depicting Indigenous settlements, street businesses and behaviour as uncivilized. Sugimoto identifies policing of Pangach/Amis migrants in Taipei as enacted by the state itself, by security guards, by Han community members, and by corporate developers in order to re-dispossess Indigenous land and identity.

As always, we welcome your feedback. If you have any suggestions for journals we should be keeping tabs on for this feature, or if you want to call our attention to a specific issue or article, send an email to anthropoliteia@gmail.com with the words “In the Journals” in the subject line.
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In the Journals

In the Journals May, 2019

Welcome back to In the Journals, a brief look at just a few articles that have been published in previous months on policing, law, and governance. These readings cluster around April and May but we did reach back to January for one.
 

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Black Lives Matter Syllabus Project

The Anthropoliteia #BlackLivesMatter Syllabus, Week 28: Michelle Stewart, Towards Accomplices not Allies—in the Classroom and the Streets

The editors of Anthropoliteia are happy to continue an ongoing series The Anthropoliteia #BlackLivesMatterSyllabus Project, which will mobilize anthropological work as a pedagogical exercise addressing the confluence of race, policing and justice. You can see a growing bibliography of resources via our Mendeley feed.  In this post, Michelle Stewart, contributes with a piece titled, Towards Accomplices not Allies—in the classroom and the streets. 
 

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Commentary & Forums

Thinking about Tina Fontaine Murder(s): The Role of the Police, Inquiries, and Settlers in Canada

This will be the first in a series of blogs by Michelle Stewart who will be exploring the issues raised in this blog by thinking about the anthropology of policing in the context of a settler state. Michelle is an Assistant Professor in the Department of Justice Studies at the University of Regina where she teaches the social justice stream and investigates health disparities, often racialized, in relationship to the justice system and the state.

 

 

In the past week and a half there has been a wave of stories out of Winnipeg that shine a spotlight not only on police practices but larger questions about the ongoing legacies of colonialism, structural violence and institutional racism that play out in this settler nation. More specifically, I am talking about Tina Fontaine as her case returned to the headlines last week with the sentencing of her father’s killers; and an admission by Winnipeg police that officers saw the missing teen and did not take her into protective custody—it is believed she was murdered shortly thereafter.

I will state here, at the outset, that I am not writing this article to blame these police officers for Tina’s death. On the contrary, I am writing this to join many other voices that are pointing out the need for systemic change in Canada.

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In the Journals

In the Journals, Spring 2014

Welcome back to In the Journals, a round-up of some of the latest publications tackling questions of crime, law and order, justice, policing, surveillance and the state. Should you find yourself with some reading time over the summer, here is a selection of some recent articles and reviews from recent months that grapple with these themes from different perspectives.

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In the Journals

Michelle Stewart on the erasure of labour in the production of police experts

Our own Michelle Stewart has a fascinating article online over at M/C Journal using an ethnographic eye to attend to the labour (since it’s an Australian journal it has that extra ‘u’) that gets hidden in the production of police technologies.  Or, as she concludes:

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Book Reviews

Of Police, Provinces, and Professionalization

Came across this today via H-Net Reviews:

Zhiqiu Lin. Policing the Wild North-West: A Sociological Study of the Provinvial Police in Alberta and Saskatchewan, 1905-1932. Calgary: University of Calgary Press, 2006. 210 pp. $34.95 (paper), ISBN 978-1-55238-171-7.

Reviewed by Joel Kropf (Carleton University)

Published on H-Canada (September, 2009)

Commissioned by Stephanie Bangarth

For the most part, it’s a thoroughly well-written review on what seems like a responsible piece of scholarship.  In other words, I can’t see why it might be interesting at all (maybe Michelle, our resident Canada expert, can help me see more of what’s at stake here?).

One thing that did pop out at me, though, was this:

…he intends the term “professionalization” to evoke “rationalization” and Max Weber’s ideas concerning the latter.  “Calculable and predictable rules and procedures” have tended more and more to infuse organizations and enterprises in many nineteenth- and twentieth-century societies, and this holds true, Lin believes, in the case of policing in Western Canada (p. 203n7).  By no means does Lin claim that the patterns and approaches emerging among Canadian police during the period of his study always possessed a more professionalized flavor than their previous practices had.  Sometimes the provincial police went with the less professionalized alternative from among the options that they might potentially have pursued.  On the whole, however, the police found it attractive to incorporate new doses of professionalism into their patterns of work.  After all, citizens who noted a police force’s proclivity for professionalized dealings became less likely to worry that they might suffer from prejudiced actions or capricious responses on the part of officers.  And this, in turn, tended to reduce the chances that police would find their efforts impeded by distrust or recalcitrance on the part of the people among whom they worked.

There’s something that seems a bit off there; i’m still trying to put my finger on exactly what it is.  It’s in the reading of Weber, for one (I love Max, but whatever… I can let that slide), but also in the portrait it offers of Canadians as fundamentally rational actors in search of a government worthy of them.  Maybe that’s more accurate than I think, but something smells off there, to me…  to be continued after some reflection.

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