SOC301H5 Lecture Notes - Lecture 4: Penology, Risk Aversion, Solitary Confinement
Document Summary
Human rights conventions saying solitary confinement is cruel, changing the name no longer makes it a punishment. Not viewed as necessary, judge felt that what the prison was doing was necessary as punishment. *staff could always have hypotheticals to justify deprivation no upper limit, officers can say that its for safety and security, must be clear explanations and guidelines theory around. Not open for broader scrutiny , (black boxing) How they are perceived and how they are legitimized. Solitary not itself cruel and unusual not dealing with solitary confinement with and in itself the prison will deter and rehabilitate the unstated assumption. Things that are beyond their control such as reputation, internal measures to increase their legitimacy. Risk is the antithesis of morality, and explosion of risk management. Attendance protection of public confidence in the system. Ladder approach- least onerous (in theory ) why is pre-trial detention bad- detained before being found guilty, costly.