The Ethics Of Total Confinement

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. The Ethics of Total Confinement is a thought-provoking and timely must-read for anyone interested in the ethical and legal issues regarding madness, citizenship, and social justice. "It has become clear that there is no criminological exit from embrace of degrading punishments and practices to which our increasingly distorted risk perception commits us. Instead, the path forward must run through a return to the ethical and psychological roots of security and justice. The Ethics of Total Confinement is a quantum step forward in defining and advancing that path."--Jonathan Simon , Adrian A. Kragen Professor of Law, Jurisprudence and Social Policy Program, UC Berkeley School of Law "This book boldly calls for a total transformation in the way the law deals with people who are confined because of their perceived depravity or dangerousness. It focuses on three outcast groups--juveniles tried as adults, people with mental illness subjected to hospitalization, and sex offenders committed as dangerous--and, based on an innovative analysis of the relevant caselaw and empirics, shows why current practices not only visit substantial harm on these people but also brutalize those who deprive them of liberty and damage the rest of us by feeding our basest, most uninformed fears. Relying on Aristotelian philosophy, therapeutic and restorative principles, and commonsense justice, the book persuasively argues that we must reorient the training and thinking of all major players in the system if our goal is to promote the maximum amount of human flourishing."--Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School "The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice deepens our understanding of how our legal system justifies its treatment of those it confines. By bridging gaps among relevant disciplines, the book clarifies to an interdisciplinary audience just how inadequate those justifications turn out to be when measured by psychological, ethical, or justice-based standards. The book's provocative conclusions and recommendations offer much food for thought and suggest potential directions for action."--Dennis Fox, Emeritus Associate Professor of Legal Studies and Psychology, University of Illinois at Springfield "The Ethics of Total Confinement shows how captivity diminishes the keepers and the kept. It is a book that synthesises in creative new ways reformist visions of justice, virtue and the cultivation of habits of character. This is profound work that opens new paths to dignity, healing and social justice."--John Braithwaite, Australian Research Council Federation Fellow, Australian National University "The Ethics of Total Confinement offers a useful and wide-ranging perspective grounded in psychological jurisprudence. With its emphasis on the harm done to those most vulnerable to extremes of risk-management, this volume makes a welcome addition to the literature on confinement."--Lorna Rhodes, Professor, Department of Anthropology, University of Washington "The provocative thesis of this book develops psychological jurisprudence to conceptualize the ethics of existing total confinement practices, aspiring to greater justice and human flourishing for all. A timely intervention of this kind is most welcome."--George Pavlich, Associate Vice-President (Research), Professor of Law and Sociology, University of Alberta

"Ethnographically rich, thick with gritty details and original insights, Rhodes's revelatory book about US prisons--those who are incarcerated in them and those who run them--should be read by everyone who cares about social justice and the nature of power."—Emily Martin, author of Flexible Bodies "Thank you, Lorna Rhodes, for taking us to where the 'worst of the worst' are kept out of sight and out of mind in the new millennium. This powerful ethnography of the correctional high tech machine reveals how institutional power suffocates individual agency and redefines rationality and insanity. Good, bad and evil fall by the wayside."—Philippe Bourgois, author of In Search of Respect: Selling Crack in El Barrio "A truly remarkable book. The inside look at supermax confinement alone is worth the price of admission, and the prose sometimes verges on poetry. This is meticulous scholarship."—Hans Toch, author of Living in Prison

Jeffreys explores the spiritual consequences and ethics of modern solitary confinement and emphasizes how solitary confinement damages our spiritual lives. He focuses particularly on how it destroys one's relationship to time and undermines our creativity, and proposes institutional changes in order to mitigate profound damage to prisoners.

Bi- and multilingualism are of great interest for contemporary linguists since this phenomenon deeply reflects on language acquisition, language use, and sociolinguistic conditions in many different circumstances all over the world. Multilingualism was, however, certainly rather common already, if not especially, in the premodern world. For some time now, research has started to explore this issue through a number of specialized studies. The present volume continues with the investigation of multilingualism through a collection of case studies focusing on important examples in medieval and early modern societies, that is, in linguistic and cultural contact zones, such as England, Spain, the Holy Land, but also the New World. As all contributors confirm, the numerous cases of multilingualism discussed here indicate strongly that the premodern period knew considerably less barriers between people of different social classes, cultural background, and religious orientation. But we also have to acknowledge that already then human communication could fail because of linguistic hurdles which prevented mutual understanding in religious and cultural terms.

Highlights the ethical standards and guidelines set forth by the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct (EPPCC) and the Specialty Guidelines for Forensic Psychology (SGFP). This Casebook provides readers with a practical review of these ethical standards and professional guidelines in the context of 35 forensic case vignettes with corresponding commentary by leaders in the field. Concepts are presented using a best-practices model that encourages and promotes engaging in empirically supported decision-making.

Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons—even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today’s supermax prisons. Documenting how solitary confinement undermines prisoners’ sense of identity and their ability to understand the world, Guenther demonstrates the real effects of forcibly isolating a person for weeks, months, or years. Drawing on the testimony of prisoners and the work of philosophers and social activists from Edmund Husserl and Maurice Merleau-Ponty to Frantz Fanon and Angela Davis, the author defines solitary confinement as a kind of social death. It argues that isolation exposes the relational structure of being by showing what happens when that structure is abused—when prisoners are deprived of the concrete relations with others on which our existence as sense-making creatures depends. Solitary confinement is beyond a form of racial or political violence; it is an assault on being. A searing and unforgettable indictment, Solitary Confinement reveals what the devastation wrought by the torture of solitary confinement tells us about what it means to be human—and why humanity is so often destroyed when we separate prisoners from all other people.

This book examines various aspects of the work of Bruce Arrigo related to therapeutic jurisprudence, criminal justice ethics, and the place of critical theory in criminology and related fields. Arrigo’s work spans over thirty years and during that time has been an important voice in the practical and theoretical application of post-modern and critical theoretical approaches to mental illness, the practice of forensic psychology, and a wide variety of critical reflection concerning incarceration, rehabilitation, and the ethical practice within the criminal justice system. Each individual contributor offers their own perspective on his work and its specific influence on the topic under discussion. This book speaks to academics focused on the application of critical criminological theory within a variety of disciplinary contexts. These include forensic psychology, psychological jurisprudence, criminal justice ethics, and philosophically based critiques of the law and mental health and criminal justice activism.

This book presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective.