NS 298 Jan 29 2013.odt

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Indigenous Studies
INDG 298
Allison Piché

Native Stuthes 298 January 29 2013 1 Human rights are – equal – guaranteed to all humans – you are either human or not, by being human you have the rights – inalienable – cannot be taken away due to your behaviour – – universal – all humans have equal opportunity to them “The rights of those who obey the laws of this country are different from those who do not” -- Jim Gouk – prison = grey area of human rights? – Historically: – rights in prison have not be applied or allowed equally – example: aboriginal spirituality – aboriginals thought to have them recognized and available to them when in prison – – Canada: prisons are seen as pretty good, but far from perfect – where can Canada improve/ – mental health – substance abuse – disease – aboriginals and blacks in prison more Standard minimum rules for the treatment of prisoners in Canada – nonbinding – organizations in place to provide oversight – office of investigator – acknowledges that the rules are not possible all the time and every where, but we should strive to make them possible – acknowledge the research area as a developing area – there is room to develop the rules as long as the spirit of the rules is maintained – rules apply to all prisoners and prison management – applicable to all categories except those outlined in second part of the document – rules are for adult prisons not for young offenders prisons chapter 3. Imprisonment and Reform Native Stuthes 298 January 29 2013 2 • history of reform • evolution of rehabilitative programing and reform • Steven Gludwin (?) and the four decades of reform • shift from highlighting, public display, to imprisonment as the main form of punishment Why Prison? 1. incapacitation: couldn't inflect criminal harm on the outside world 2. deterrence: the fact there is a punishment should deter people from commiting crimes 3. retribution or expiation: punishment or suffering under the law in order to equal the harm done by the offender 4. reformation/rehabilitation: time in prison should be devoted for preparing him/her for a good life after prison - it is hard to train for freedom in a cage – Oxford History of the Prison Prisons and Social Change – the rise of imprisonment to other social changes – the rise of individualism – the rise of capitalism – the rise of the novel – through the solidifying the belief of human rights prison became the means of prisons as punishments – French and American revolutions – solidified human rights – though the acknowledgement of the rights of the individual that alienation through imprisonment began to make sense – all human beings are born free and equal .... – the right to freedom, is the first right removed through imprisonment – the need to act in the spirit of brotherhood – criminals violated it through breaking the code – first right removed – capitalism – this period of the rise of imprisonment was linked to the rise of capitalism – work = individuals time and the money that came from their labour – everyone has the right to work, to just and free employment, and the justification of unemployment – leads to rise of imprisonment as a just response to the rise of the protection of others – prisons could become for profit institutions – food sovereignty – packaging kinds of food and corporate control of water Native Stuthes 298 January 29 2013 3 – should a resistance to capitalist globalization be linked to a resistance to prison? – Gender – men vs women who are imprisoned, the differences – evolution of rehabilitation ideals – focuses on solitary confinement – reform through letting the soul flourish through reflection and quiet labour – individuals isolated and couldn't talk – in reality – solitary confinement was more deter mental – caused mental illness or made them worse – super max prisons – no pretence towards reform – 23 hours of solidarity – meant for the worse of the worse – in Canada we have special handing units – no one could argue, or try to argue, that solidarity confinement is restorative or heal – the horrors of segregation matches the horrors of the crime committed – no respect for the individual or comfort – there could be constitutional issues related to the use of super max – prison and the novel – the rise of the prison as relating to the rise of the novel as a viable literary form – 1900s in particular – John Bender links the prison to the novel through 3 similar goals that they both have in common 1. both order and classify social life 2. both acknowledge individuals are conscious of their surroundings 3. individuals have a role to play in their reform – the rise of prison writing – the relationship between literature and the prison has only grown – they are intrinsically linked – but yet work in opposition – through writing they can share the perspective and have the voice heard Evolution of rehabilitative programming – 1945-1975 medical model – treatment specialist during this time thought that prisons didn't go far Native Stuthes 298 January 29 2013 4 enough in terms of treating offenders, they wanted prisons to become more like hospitals – lead to medicalization of crime: the idea that crime itself had to do with an individuals biology and psychology – could relate to genetic factors – psychologically driven model – perception that we needed to figure out this mystery of the offender – we must understand the person and their logic that lead to the incarceration in order to be able to treat them – the being of the prisoner was a mystery to the observer or the observers responsible for punishment – criminals would gain a self understanding – lead to rehabilitation and transformation of the criminal – transformed individual would not represent their previous self – change in not just attitude, but morality – wanted to understand the prisoner them-self and the act that lead to the imprisonment – would now how likely the person is to re-offend – prisoner would become “a new self” – needed to know how to asses and evaluate the new self – are they a new person? Or what the correctional system wants them to become? – Prisoner – person could become a version of them-self in order to survive the incarceration – treatment could become a bit of a game – individual would play along with the treatment – are the manipulating the system, resisting through the reverse system, just appeasing the psychologist... ect
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