WDW340 February 29 2012.docx

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19 Apr 2012

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Lecture 6 - February 29
15:38 PM
-non punitive incarceration by the state e.g. rehabilitation or incapacitation to protect public, or for own
Three groups - children in hidden custody, intellectually handicapped who are incarcerated, mentally ill
who are incarcerated
Children in Hidden Custody
-can have civil rights infringed, detained against will, subject to other actions while being detained which
seem to be/are punishment
Hidden Custody - based on UK research by Stewart and Tutt - lots of children, despite fact that children
are being punished in custody, who are incarcerated in some way without being registered as a criminal
justice fact; various facilities which youth court/school system/social services can send children
-can be reasons beside criminality why youth justice can put young people into institutions based on a
kind of list e.g. inappropriate sexual behaviour, drug use
-throwback to old youth justice system which focused on rehabilitation of youths
-staff explained custody in terms of need to hold children there while determining treatment
-once state incarcerates or parent pays to send child to institution, the institution is responsible for
them and so must lock them up and keep them safe
-cases that proceed without youth court, under the radar, or children who are too young for youth court
Is this a punishment?
-physical level is the same as imprisonment; not intended to cause suffering, but is a side effect of
holding and treating youths
-punishments would be removing privileges, which youths are subject to within institutions
Pin-down scandal in SW England - social work department had developed a program within these
institutions to control and improve bad behaviour of children
-founder developed set of disciplinary practices involving seclusion etc. but what happened was that it
became frequently used; restraint, solitude etc.
-how would different sociologies look at these practices?
-liberal pluralists; occurs outside of public scrutiny
Durkheim - not punishment; punishment is celebration for community, so these are framed
therapeutically without public involvement and cannot serve deeper purpose of punishment for
-in general, the kind of youth in these institutions are from marginalized communities, so become less
publically known
Sociology of inequality - what is the ideological work being done; pulling in two directions - fact that you
underpin behaviour by concept of disordered individual or family, you are blaming social problems on
individuals/families rather than social structure and its inequalities and also, does not fit in with pattern
of punishment where system is one of the main mechanisms by which society is held together
Foucaultians would be more attuned to this process because the idea that it is psychologically oriented
discipline, dealing with behaviour through science/healing as opposed to punishing, meshes into
Foucault story of rehabilitative/humanitarian justice
Intellectually Handicapped People
-most people are processed in the ordinary way through the system
-there were systems put in place for dealing with these people in previous years; eugenics idea that
there were biological deficiencies in sections of the population that needed to be identified and treated,
and even may result in reducing crime through stopping breeding of potential criminal people
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