Professional Documents
Culture Documents
MCCJN 15
MCCJN 15
MCCJN 15
, CRIMINOLOGY AND
CRIMINAL JUSTICE
ADMINISTRATION
First Year – Non-Semester
MCCJN - 15
Course Writer:
www.tnou.ac.in
MCCJN – 15 – PENOLOGY AND CORRECTIONAL
ADMINISTRATION
Syllabus
Incapacitation
Retribution
Restitution
Utilitarianism
1. Utilitarian Justification
2. Retributivism
a. Retributive Justification
Kant would not agree that this consequence of his theory is odd.
According to Kant, “if justice and righteousness perish, human
life would no longer have any value in the world”. So, even the
inhabitants of our imaginary world are obliged to ensure that
“every one may realize the desert of his deeds”. If they do not live
up to this obligation, then they will be failing to abide by the
dictates of justice, and their lives will be of lesser value. Of
course, critics of the Kantian theory are unlikely to be persuaded
by this response. Indeed, it is appropriate to be highly skeptical of
a conception of justice that holds that justice can be promoted
without anyone’s welfare being promoted.
3. Compromise Theories
Hart does admit that on certain occasions the principle stating that
we may only punish an offender for an offense (referred to as the
principle of “retribution in Distribution”) may be overridden by
utilitarian concerns. When the utilitarian case for punishing an
innocent person is particularly compelling, it may be good for us
to do so, but “we should do so with the sense of sacrificing an
important principle”. Many people will agree with Hart that it
may be necessary to punish an innocent person in extreme cases,
and it is thought to be an advantage of his theory that it captures
the sense that, in these cases, an important principle is being
overridden.
4. Amount of Punishment
The belief that, in most cases, the amount of punishment should vary
directly with the seriousness of the offense is widely accepted.
However, utilitarians and retributivists have different ways of arriving
at this general conclusion.
a. Utilitarians on Amount
b. Retributivists on Amount
5. Capital Punishment
This argument and others that resemble it are often put forth in an
attempt to counter the retributive argument. Also, any criminal justice
system that executes convicted criminals runs the risk of executing
some individuals who do not deserve to be executed: the wrongfully
convicted. Some argue that a fallible criminal justice system ought not
to impose a penalty that removes the possibility of mistakes being
rectified. The utilitarian arguments have also come under attack. Some
argue that the proponents of capital punishment have overstated its
deterrent value, and it has been argued that it may even incite some
people to commit murder. Regarding incapacitation, it has been
argued that the danger involved in failing to execute murderers has
been similarly overstated.
Ancient India was not a safe place to live. Many groups of thieves existed
already at the time of the Buddha( 6°century BC). They were bandits from
generation to generation, robbing and killing their victims like the Thugs
did later. These professional bandit caste, but not only them, constituted an
important problem : punishment of crimes and offences was then harsh.
The Manorial Court was the lowest court of law during the medieval
period. All crimes apart from serious crimes were dealt by the manorial
court. A manorial court was held multiple times during a year and it was
mandatory for all the villagers to attend or else they had to pay a fine. All
men were divided into the groups of ten known as the tithing. Each tithing
was given the responsibility to make sure that no member of their group
committed a crime and if one did then other members had to make sure to
bring him to the court. The person in charge of the court was Lord’s
Steward. There was a jury that consisted of twelve men chosen by the
villagers. It was the jury’s responsibility to collect evidence in order to
decide whether the accused was guilty or not. And if accused was found
guilty the jury had to decide and they then decided the punishment as well.
The King’s court dealt with the serious crimes such as assault, murder and
treason as these crimes were considered as crimes against the King. The
King’s court met several times in a year and had a prominent role in the
medieval crimes and punishment system. The accused had to face the trial
by ordeal in which their innocence or guilt was judged by subjecting them
to unpleasant ordeals. These ordeals were ordeals by fire, The ordeal by
water and The ordeal by Combat.
During the ordeal by fire the accused had to walk a distance of around 9
feet either by holding a red hot iron or over a red hot plough share. After
that, their wounds were bandaged and they were asked to appear before the
court after three days. After three days their bandages were opened. In
cases where healing of wounds had started the accused were declared
innocent, whereas in cases where there were no signs of improvement the
accused were pronounced guilty and were punished according to their
crime. It was thought that God intervened in order to save the innocent and
with God’s powers the healing of wounds started to take place.
Medieval Punishment – Ordeal by Water
In the ordeal by water, there were two kinds of ordeals. One was an ordeal
by cold water, whereas the other was an ordeal by hot water. In the ordeal
by cold water, hands and feet of the accused were tied together and they
were thrown into the water. If they started floating, it meant that they were
innocent but if they sank they were declared guilty. During ordeal by hot
water the accused had to dip their hands in a kettle with boiling water and
had to pick a stone from depth. After three days their wounds were judged.
In case of healing signs they were considered innocent anything else
mean’t they were guilty.
In case of ordeal by combat the two parties in dispute had to fight. It was
mostly done when one party was accused by the other, but there were no
witnesses or confessions. The winner of the fight was declared innocent. It
was one of the most common methods employed by the judiciary during
the middle ages.
4. Death Penalty
5. Life Imprisonment
Living behind the bars are sometimes far more painful than death
sentence. It is the most popular type of sentence after death penalty. In
most serious offences this type of punishment is prescribed. Wherever
death penalty is prescribed, life imprisonment also finds a place as an
alternative punishment. As there is hue and cry regarding imposing of
death penalty, in appropriate cases Courts impose life imprisonment as
a safe method. Before 1955, the words “transportation for life” was
used. The Code of Criminal Procedure Amendment Act, 1955 (Act
No. 26 of 1955) substituted the words “Imprisonment for life” in place
of “transportation for life”.
The general public thinks that imprisonment for life means only 14
years imprisonment, and the convict shall be released as soon as the
14 years period is lapsed. It is wrong presumption.
Objectives of Punishment:
Deterrence
Reparation
Reparation means that the offender must make restitution to the victim as
part of the punishment and as part of the condition for reintegration into
the society. For instance, anyone who embezzles the money of another
would be required to compensate the victims by returning all or part of the
stolen funds. This may include selling any property he has, to raise the
funds. Reparation may be combined with incarceration or rehabilitation.
Section 5(1) of the Sentencing Act 1991 sets out the only purposes of
sentencing an adult in Victoria. These purposes are:
Section 5(2) of the Sentencing Act 1991 sets out the factors that
must be taken into account when sentencing an adult in
Victoria. These factors include:
The law allows courts to reduce a sentence if a person pleads guilty. If the
court gives a discount for a plea of guilty, the judge or magistrate must
state what the sentence would have been without the guilty plea.
Procedures:
(a) The court must decide which type of sentence to pass: (i) a custodial
sentence, (ii) a community sentence, (iii) a fine, or (iv) a discharge.
Other sentences may also be available depending on the type of
offence committed or the age of the defendant. Some guidance has
been provided on deciding the type of sentence by the PCCSA 2000:
A court may not pass a custodial sentence unless the offence(s) was so
serious that only such a sentence can be justified; or if a violent or
sexual offence, that only custody would protect the public from
serious harm from him: s79(2).
A court may not pass a community sentence unless the offence(s) was
serious enough to warrant such a sentence; and it is suitable for the
offender: s35.
(b) The court must then decide the tariff, ie how much?
The court will take into account the stage in the proceedings at which
the offender indicated his intention to plead guilty and the
circumstances in which this indication was given. If as a result, the
court imposes a punishment which is less severe than it would
otherwise have imposed, it must state in open court that it has done so.
With a sharp increase in prison inmates and costs over the past decade, we
now spend 9 percent of state government’s General Fund housing 23,000
prison inmates, which is more than we invest in educating approximately
220,000 college students. With declining revenues and an ongoing budget
crisis, that imbalance is becoming more and more pronounced.
This is not a California plan, where the prison population is being reduced
by 27,300 inmates, or an Illinois plan, where 1,000 prison jobs are being
cut.
Application of any single theory may not render complete justice. The
aforesaid theories are not mutually exclusive. Hence judicious
combination of theories is the latest approach.
BLOCK 2 - THEORIES AND LEGAL INSTRUMENTS
A terrible stinking dark and dismal place situated underground into which
no daylight can come. It was paved with stone; the prisoners had no beds
and lay on the pavement and whereby they endured great misery and
hardship.
Public views of punishment for crimes have changed over the centuries.
History has its clement and its stormy seasons, and during times of war,
famine, and disorder, gains made in peace and plenty are sometimes lost.
Yet generally over time most societies have moved from the extraction of
personal or family justice—vengeful acts such as blood feuds or the
practice of "an eye for an eye" toward formal systems based on written
codes and orderly process. Jails and prisons have changed from being
holding places where prisoners awaited deportation, maiming, whippings,
beatings, or execution. Confinement itself has become the punishment. In
the United States today, as articulated by the U.S. Supreme Court,
punishment has at least four justifications: deterrence, societal retribution,
rehabilitation, and incapacitation—the last category intended to protect
society by permanently incarcerating those who cannot be reformed.
ANCIENT TIMES
As empires developed, the owners of large tracts of land, and later the
rulers, wanted a more orderly legal system than blood feuds and thus
established courts. Such courts often sentenced the offender to slavery in
the victim's family for several years as restitution for the offense. Other
punishments included laboring on public works projects, banishment, or
even death.
MEDIEVAL TIMES
Confinement
Prisons
The only comfort prisoners had in the cold, damp, filthy, rat and roach-
infested prisons of medieval Europe was what they could or rather were
required to buy. The prison-keeper charged for blankets, mattresses, food,
and even the manacles (chains). The prisoner had to pay for the privilege
of being both booked (charged) and released. Wealthy prisoners could pay
for plush quarters but most suffered in terrible conditions, often dying
from malnutrition, disease, or victimization by other prisoners.
In Europe in the 1500s, while most jails still housed people waiting for
trial or punishment, work-houses and debtors' prisons developed as sources
of cheap labor or places to house insane or minor offenders. Those found
guilty of serious crimes could be transported instead of executed. England
transported many prisoners to colonial Georgia in the United States and
later to colonial Australia; France sent many to South America. Although
transportation was a less severe punishment than the death penalty, many
prisoners did not survive the harsh conditions either on board the transport
ships or life in the early colonies to which they were sent.
Medical Model:
REHABILITATION MODEL
The rehabilitation model of corrections began in the 1930s and reached its
high point in the 1950s. Qualified staff members were expected to
diagnose the cause of an offender's criminal behavior, prescribe a
treatment to change the individual, and determine when that individual had
become rehabilitated. Group therapy, counseling, and behavior
modification were all part of the approach. These techniques did not work
with all inmates, especially with those convicted of violent crimes; most
states did not budget enough money for their correctional institutions to
achieve these goals; and there were too many prisoners for the prison staff
to treat effectively.
These instructions are to ensure the safe, secure, humane, and effective
operation of prisons. All staff are to ensure that they perform their duties in
accordance with the instructions contained within manual.
In 2015, the Supreme Court directed the Ministry of Home Affairs, under
whom the BPRD functions, to review the MPM as there had been a huge
change in circumstances and the availability of technology since 2003.
The court also suggested to the government that the committee constituted
to look into the MPM should be multi-disciplinary and include members
from civil society, NGOs and domain experts.
The chapter also prescribes duties for prisoners, one of which states:
“Abstain from talking when in a file at unlocking or at latrine and bathing
or other parades, or at any time when ordered by an officer of the prison to
desist; also abstain from abusing, singing, quarrelling, laughing loudly,
talking loudly and indecent behaviour at any time.”
Even if other duties make sense, the duty to abstain from “singing,
laughing loudly, and talking loudly” makes one wonder if what the new
manual is aiming at is to deprive prisoners of their basic right to be human
beings.
http://www.prisons.tn.nic.in/TAMIL%20NADU%20PRISON%20MANU
AL_updated.pdf
The Prisons Act, 1894 was enacted on 22nd March, 1894 and enforced on
1st July, 1894. The act was legislated with purpose to amend laws in
relation to prisons in India.
The term prison shall mean and include buildings maintained by state
government with the purpose to detain prisoners. Section 3 of the act
defines other terms such as ‘criminal prisoner’, ‘convicted criminal
prisoner’ and ‘civil prisoner’. Civil prisoner shall mean prisoner other than
criminal prisoner.
Chapter II of the act deals with maintenance and officers of prison. The
Act provides for appointment of Prison officers which shall include
superintendent, medical officer, jailer and other such officers shall be
appointed as deemed necessary. The prison shall be under in-charge of
Inspector General who shall discharge functions as directed by the State.
The state shall make proper arrangements for accommodation of prisoners
within the prison. Incase of an epidemic in the prison or in certain
situations when number of prisoners in prison increases the inspector
general under supervision of State shall take necessary steps for safe
custody of prisoners and provide temporary shelter.
Chapter III of the Act deals with duties of officers enumerated under
sections 8 to 20. Superintendent and jailer shall be officers of prison. All
officers including jailor shall be subordinate to superintendent who shall
be succeeded by jailer. Superintendent shall act in compliance of orders
given by Inspector general and shall look into matters relating to
discipline, expenditure, labour, punishment, maintenance of records
relating to prisoners, visitors and accounts. Medical officer of prison shall
be in subordination to superintendent and shall discharge functions with
respect to sanitary conditions, health, treatment of prisoners, reporting to
superintendent with respect to prisoners seriously affected with a disease
etc. Apart medical officer shall also keep record of all particulars such as
health, diet, diseases and date of death of deceased prisoner. Jailer of
Prison shall always reside within the premises of prison and shall not leave
prison without prior intimation. Jailer shall maintain all records and shall
be in-charge of prison and documents. Jailor shall be assisted by deputy or
assistant jailor. The Act also creates posts for prisoners, they shall be
called as convict prisoners and shall function and carry responsibilities
within prison premises and shall deemed to be public servants. Section 9
of the Act strictly prohibits jail officers to carry commercial activities
within jail premises.
Chapter IV of the Act deals with admission, removal and discharge of
prisoners. After conviction when convict enters into prison he shall be
thoroughly checked and all his belongings shall be kept in custody of
jailer. Female convict shall be checked only by female officers. A criminal
convict shall be examined by medical officer and marks and wounds on his
body shall be recorded. Prisoner shall only be removed from prison
premises if in the opinion of medical officer he suffers with acute disease.
Chapter V deals with discipline of prisoners, it lays few essentials i.e. that
male prisoners shall be separated from female prisoners, convicted
prisoners from under trial prisoners, prisoners under age of 21 shall be
kept separately, prisoners sentence with death sentence shall be kept
separately from all others.
The Act also lays directions as to taking care of health of prisoners within
the prison premises. Prisoners shall be subject to regular medical check-up
and sick prisoners shall be provided with proper medical care and
attention.
(1) This Act may be called The Transfer of Prisoners Act, 1950.
(b) "prison" includes any place which has been declared by a State
Government, by general or special order, to be a subsidiary jail.
The Act gives immunity to offenders and grants probation under the age of
21 from imprisonment unless the court is convinced with the special
reason to send the offender to imprisonment. The Act is a statutory
recognition to Gandhian thoughts.
The Probation of Offenders Act, 1958 was enacted with a purpose to grant
immunity to certain offenders when the court of justice deems fit.
Probation shall be given to offenders on ground of good behaviour,
offender’s age being less than 21 years and any other reasonable ground as
the court deems fit. The Act after its enactment was not enforced at once
but is supposed to be ratified by different states after notifying in the
official gazette as per sub clause (3) of section 1.
As per the Act the court shall release offenders on three grounds i.e. after
due admonition, good conduct and release of offenders who are below age
of 21 years.
The court shall only release offenders after proper admonition as mandated
under section 3 of the Act. As per section 3 when a person is found guilty
for offences committed under sections 379, 380, 381, 404, 420 of Indian
Penal Code or where a person is sentenced to imprisonment for not more
than two years, or fine, or both under Indian Penal Code or any other law
and such person has no previous proved criminal record the court instead
of sentencing such person shall release him after due admonition.
The Probation officer shall be an officer of the court and his functions
shall be to enquire, supervise, submit report of the offenders and any other
function specified under section 14 of the Act.
Supreme Court in Ram Singh vs State of Haryana (1971) 3 SCC 914, held
that sections 4 and 6 of the Act lays down the procedures requiring the
Court to call for a report from the probation officer and consider it which
shall be mandatory as per provisions of section 4 sub clause (1) of the Act.
Court if it deems fit may order the offender to pay compensation to the
victim or his kin’s. The compensation paid shall always be reasonable and
be paid in accordance with provisions of Criminal Procedure Code.
Where an offender fails to observe conditions of bond the court may issue
an arrest warrant, summon him and his surety, sentence him for original
offence, impose penalty not exceeding fifty rupees.
The state government shall have power to make rules. All actions in good
faith shall be protected under the provisions of the Act.
VARIOUS PRISON REFORM COMMITTEES:
After Independence:
Mulla Committee:
(All India Committee on Jail Reforms 1980-83)- The basic objective of the
Committee was to review the laws, rules and regulations keeping in view
the overall objective of protecting society and rehabilitating offenders. It
recommended a total ban on the heinous practice of clubbing together
juvenile offenders with hardened criminals in prisons.
Last but not the least, the existing Prison Act, 1894 which is more
than a century old, needs to be thoroughly revised and even re-
stated in view of the changed socioeconomic and political
conditions of India over the years. Many of the provisions of this
Act have become obsolete and redundant.
BLOCK 3 - CORRECTIONAL INSTITUTIONS
In the United States and most other developed societies, severe restrictions
have been placed on the circumstances under which a person may be
committed or treated against their will as such actions have been ruled by
the United States Supreme Court and other national legislative bodies as a
violation of civil rights and/or human rights (see e.g. O'Connor v.
Donaldson). Thus a person is rarely committed against their will and it is
illegal for a person to be committed for an indefinite period of time.
Institutionalization
Imagine that you are the psychologist that Poddar talks to. He tells you that
he is having fantasies of killing Tatiana Tarasoff because she is still
interested in other boys. He thinks she should only be interested in him.
What do you do?
Since Poddar has not yet hurt Tarasoff, he has not committed a crime. As a
result, he will go through the civil commitment process. This includes a
series of steps that include legal hearings and testimony from a
psychologist. The process for civil commitment can be initiated by anyone,
which is why there are steps like hearings to protect the rights of the
mentally ill and keep people from being institutionalized unless absolutely
necessary.
So if Poddar tells you that he wants to hurt Tarasoff, you might try to have
him committed. But let's say for a moment that he didn't go to see a
psychologist and never told anyone that he wanted to hurt Tarasoff.
Instead, he simply attacked her. After he's arrested, he pleads not guilty by
reason of insanity. If the jury agrees that he was not guilty by reason of
insanity, he might be sentenced to be institutionalized instead of put in
prison, as he would be if he was found guilty.
The All India Jail Committee of 1919-20 re-asserted the need for humane
treatment of offenders. The chairman of the Committee, Sir Alexender
Cardew observed that the most critical moment in a convict’s life is not
when he goes into the prison but when he comes out of it. Having lost his
character and social standing, he finds it difficult to adjust to the normal
life of a free society.
The Committee expressed a view that the open air life and employment in
the form of labour were not averse to reformatory influences. Construction
of jail buildings was considered as a suitable form of such work for
prisoners. Though this Committee thought that the employment of
prisoners on agricultural farms was the most natural and appropriate form
of labour especially for prisoners who were largely drawn from the
agriculturist background, but such employment involved distribution of
labour over a very wide area which made guarding and supervision
difficult. Therefore, the idea was dropped.
The first scientific effort to modernise prison in India was made by Sir
Walter Reckless, the U.N. Technical Expert who visited India in 1952
when he submitted an excellent report on prison administration in India.
As a result of this, All India Jail Committee was appointed in 1956-57
which worked for three years and made useful recommendations for prison
reforms.
One of the recommendations of the Jail Committee was to set up open jails
for the rehabilitation of prisoners. The emphasis under this system was on
self-discipline and self-help. These open jails were characterised by the
absence of material and physical precautions against escapes so as to
inculcate a sense of responsibility among inmates towards the group in
which they live.
It must be stated that the basic philosophy behind the working of open
prisons is utilisation of prison labour for employment in open conditions. It
must be stated that even though the employment of prisoners in open
conditions is more than a century old but the objectives of such
employment have vastly changed in the sense that originally it was meant
to take hard work from prisoners under conditions which were humiliating
and dehumanising whereas today, it is aimed at providing them with useful
and meaningful work under conditions which help them in restoring their
self-respect and self-confidence.
Every facility should have a detailed classification policy that clearly lays
out the criteria for forward movement and which criminal charges will
disqualify inmates for some lower security levels including minimum
security and / or pre-release. The policy should also define staff
responsibility, the minimum requirements for certain statuses, and the
appeal process for inmates.
It is important for all staff who have frequent inmate contact to know what
is involved in the classification policy and screening process. Periodic
training in the criteria used in the classification policy helps ensure that the
inmates don’t know more than the Officers and Caseworkers.
Additionally, it will help ensure that the staff buys into the Department’s
philosophy especially if their input is taken into consideration.
Individual Service Plan: Ideally, each inmate will receive a detailed and
objective ISP soon after their arrival. The ISP should clearly define the
criteria for movement forward and backward. A complete ISP will be a
road map for the entire incarceration of the inmate. Optimally, it will have
the time frame that an inmate can progress through the system and will
detail the lowest level of security which the inmate can achieve. This
potential progress through the system must be contingent on good
institutional behavior, participation in programming and satisfactory
performance in work details. Inmate should know how disciplinary reports
will negatively impact their classification status and how severe the
setback will be when they receive disciplinary offenses.
Evaluation
Adult Institutions
Central jail
The criteria for a jail to be categorised as a Central Jail varies from state to
state. However, the common feature observed throughout India is that
prisoners sentenced to imprisonment for a long period (more than 2 years)
are confined in the Central Jails, which have larger capacity in comparison
to other jails. These jails also have rehabilitation facilities.
District jail
District jails serve as the main prisons in States/UTs where there are no
Central Jails.
Sub jail
Women's Jail
Jails built to exclusively house women prisoners. Most of the staff in such
jails are usually women.
Maharashtra has 5 women jails. Kerala and Tamil Nadu each have 3
women jails.
Open jail
Open jails are minimum security prisons. Prisoners with good behaviour
satisfying certain norms prescribed in the prison rules are admitted in open
prisons. Prisoners, here, are engaged in agricultural activities.
Special jail
Special jails are high security facilities that have specialized arrangements
for keeping offenders and prisoners who are convicted of terrorism,
insurgency and violent crimes. Special jail means any prison provided for
the confinement of a particular class or particular classes of prisoners
which are broadly as follows:
Kerala has the highest number of special jails - 16. Provision for keeping
female prisoners in these special jails is available in Tamil Nadu, West
Bengal, Gujarat, Kerala, Assam, Karnataka and Maharashtra.
Other jails
Jails that do not fall into the categories discussed above, fall under the
category of Other Jails. Three states - Karnataka, Kerala & Maharashtra -
have 1 other jail each in their jurisdiction. No other state/UT has an other
jail at the end of 2015.
The capacity of inmates (male & female) reported by these three States in
such jails was highest in Karnataka (250) followed by Kerala (142), Goa
(45) and Maharashtra (28).
Juvenile institutions:
Observation Homes are meant for the temporary reception of any juvenile
in conflict with law during the pendency of any inquiry against him /
her. Only children in conflict with law brought under the purview of the
Indian Penal Code and other legislations are produced before the Juvenile
Justice Board constitued as per the section 4 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 and Amendemnt Act 2006. The
apprehended children are normally detained under probahation up to 4
months in these Observation Homes.
Children who are convicted under section 15 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 and Amendment Act, 2006, are
admitted to Special Homes for long term rehabilitation. Four Special
Homes are set up, two for boys one each attached to Observation Home,
Bangalore Urban District and Belgaum and two for Girls, one each
attached to Observation Home Davanagere and Bangalore Rural. ‘ECHO’
a voluntary organization has been recognized by the Government as Fit
Institution to run Special Home in Bangalore Urban District. At the end of
March 2013, 9 Children were there in the Special Home. Special Homes:
Children who are convicted under section 15 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 and Amendment Act, 2006, are
admitted to Special Homes for long term rehabilitation
Juveniles accused of a crime or detained for a crime are brought before the
JJB under the Juvenile Justice (Care and Protection of Children) Act 2000
(amended in 2006). Under this act and provisions of the Criminal Code
Procedure children are not to be taken to a regular criminal court. The
purpose of a separate court is that its purpose is socio-legal rehabilitation
and reformation not punishment. The aim is to hold a child culpable for
their criminal activity, not through punishment, but counselling the child to
understand their actions and persuade them away from criminal activities
in the future.
A child is usually brought before the JJB be a police officer or person from
the Special Juvenile Police Unit (SJPU) (previously called JAPU). Any
organisation or person who brings a child before the court should inform
their local police units first. The police have 24 hours to produce a child
before the court once he is arrested. The person or police officer who
brings the child before the JJB is required to complete a report of the
arrest/detainment. Once the child has been brought before the JJB he/she is
registered into the closest Observation Home. Most circumstances the
juvenile can be released on bail by the JJB. If the police wish to interrogate
the child or conduct a test identification parade the JJB has to give an order
allowing so and it can only be conducted in the presence of the
superintendent of the home. The home probation officer (P.O.) in charge
will also submit a report on the child.
With the police report and P.O. report the JJB calls for the child's plea. If
the child pleas guilty the JJB will pass appropriate orders for the child. To
prevent coercion, the JJB can dismiss the child's guilty plea if it feels it
was forced. If the juvenile pleads not guilty the JJB must further
investigate by calling witnessing and accusers to testify before the court.
The juvenile is given then opportunity to address the evidence brought
before the court and also bring witnesses to the court. According to the
evidence the JJB will then pass an order disposing of the case as it sees fit.
The JJB is a child-friendly space that should not be intimidating or
overwhelming for the child.
The CWC usually sends the child to a children's home while the inquiry
into the case is conducted for the protection of the child. The CWC meets
and interviews the child to learn his/her background information and also
understand the problem the child is facing. The probation officer (P.O) in
charge of the case must also submit regular reports of the child. The
purpose of the CWC is to determine the best interest of the child and find
the child a safe home and environment either with his/her original parents
or adoptive parents, foster care or in an institution.
A final order must be given within four months of the admission of the
child before the CWC. The CWC also has powers to hold people
accountable for the child such as in the case of child labour, the employers
are fined or made to give bonds to the children. CWC also has the power
to transfer the child to a different CWC closer o the child's home or in the
child's state to dispose of the case and reunite the child with his family and
community.
Borstal School
Borstal Schools are a type of youth detention centre and are used
exclusively for the imprisonment of minors or juveniles. The primary
objective of Borstal Schools is to ensure care, welfare and rehabilitation of
young offenders in an environment suitable for children and keep them
away from contaminating atmosphere of the prison. The juveniles in
conflict with law detained in Borstal Schools are provided various
vocational training and education with the help of trained teachers. The
emphasis is given on the education, training and moral influence
conducive for their reformation and prevention of crime.
Women's prisons
The needs of mothers during pregnancy and childbirth often conflict with
the demands of the prison system. “In 2007, the Bureau of Justice
Statistics stated that, on average, 5% of women who enter into state
prisons are pregnant and in jails 6% of women are pregnant”. Very few of
these women receive prenatal care, which can be very detrimental to both
the mother and child, especially when coupled with inmates’ histories of
inadequate health care as well as sexual, physical and substance abuse.
Most of these pregnancies are deemed as high risk. Additionally, a lack of
maternity clothes and resources to deal with premature births, false labors,
and miscarriages pose serious challenges to prisoners. Furthermore,
incarcerated women are a source of free labor for private companies. It is
recorded that if women decline to work, then their medicinal needs are not
fulfilled. This becomes a major issue for pregnant women who may not
physically be able to work but are in dire need of medical care. Most
pregnant women are shackled on grounds of security in labor and
delivery. The Eighth Circuit Court of Appeals established that is
unconstitutional in 2009, and prohibited restraint of women during labor.
Vigilance home
Rule 23 (2) under ITPA says inmates shall be supplied with the following
items: Sarees: 4 Blouses: 4 Petticoats: 4 Bodices: 4 Towels: 4 Sanitary
cloth: 2 yards Wooden combs: 2 (all in 1 year) Carpet: 1 Pillow cases: 1
Bed sheet: 1 (in 2 years) A sum of Rs.20, 000/- is sanctioned under the
material supplies category in the vigilance home, Chennai which covers
the bedding.
Protective Home
The government protective home was started in 1981 and covers the
Coimbatore and Yelagiri jurisdictions. It was earlier functioning as a
‘Rescue Home’ under the Revenue department. The building consists of 2
office rooms, a hall, a TV room, a room where the inmates sleep and the
kitchen area.
Open to public, i.e., people can visit the prison and meet
prisoners. It is the kind of authority and the nature of management
transferred to the inmates and the degree of freedom from
physical restraints (to escape) that should be the real measure of
openness of an open prison.
The main objectives of establishing open prisons are: to reduce
overcrowding in jails, to reward good behaviour, to give training in self-
reliance, to provide dependable permanent labour for public works, to
prevent frustrations and create hope among long-termers, to provide
training in agriculture and industry, to examine the suitability of releasing
offenders from prisons, and to enable prisoners to live with their family
members (in some states).
The first open prison was established in Switzerland in 1891, in the United
States in 1916, in Britain in 1930, and in the Netherlands in 1950. By
1975, there were 13 open prisons in England, 25 in the United States, four
each in Sri Lanka and the Australia, three in Hong Kong, two each in New
Zealand, China, Japan, Malaysia, Pakistan, Philippines and Thailand, and
23 in India (Ghosh, 1992: 9-10).
In India, the first open prison was started in 1905 in Bombay Presidency.
The prisoners were selected from the special class prisoners of Thane
Central Jail, Bombay. However, this open prison was closed in 1910. The
state of Uttar Pradesh established the first open prison camp in 1953 for
the construction of a dam over Chandraprabha River near Benaras (now
Varanasi).
The open prisons, usually located on the outskirts of a town fall within five
kilometers of the nearest town, except in Kerala and Uttar Pradesh where
they are situated 15 to 35 kilometres from the nearest towns.
The capacity of prisons varies from less than 100 to 1,000 prisoners. The
nature of accommodation also differs from place to place. Assam, Kerala,
and Himachal Pradesh prisons have permanent barracks; Mysore prison
has pre-fabricated structure, and Andhra Pradesh and Maharashtra prisons
provide dormitories with asbestos roofs.
The procedure for selection of prisoners for open prisons is simple. The
superintendents of prisons prepare lists of prisoners to be sent to open
prisons on the basis of the eligibility conditions (as described above).
These lists are sent to the selection committees which examine each case-
history and make the final selection.
About 60 per cent of prisoners in open prisons are those who have been
sentenced for more than 10 years, while about 85 per cent are those who
have been imprisoned for more than 5 years. The average stay in the prison
varies from two to three years. The wage system also varies from prison to
prison.
It may thus be maintained that open prisons differ from the ordinary
prisons in four respects: in structure (affecting organisation and
administration), in role systems (affecting work and interaction in
everyday life), in normative systems (affecting social restrictions and
expectations guiding behaviour), and in value orientations (affecting
conduct and training).
Ghosh (1993) studied 200 prisoners from two open prisons (Sitarganj and
Mirzapur) in Uttar Pradesh in 1991 for analysing attitudes, Personality
traits, and ref- Tnation of prisoners in open jails. For a comparative study
(control group), she select 200 prisoners from two central jails of Banaras
(Varanasi) and Bareilly in the same slate.
ii. Inmates in open prisons exhibit more positive self-esteem and positive
attitude towards co-inmates than those in closed prisons.
iii. Anxiety, insecurity and guilt-feelings are found more among the
inmates of closed jails than open camps.
vi. Inmates of open prisons show more positive attitude towards society
than those in closed prisons.
These findings thus point out the positive use of open prisons in
the reformation and rehabilitation of criminals. It may, however,
be noted that open prisons need to be restructured and
reorganised. What really needed is:
1. Establishing open prisons in all those states where they do not exist at
present.
Work Programmes
Prisons in India are not only a liability on society but have lost the very
essence of their objective. Most of the prisons in our country (barring two
or maximum three) are a cost for the nation. The total expenditure on all
prisons combined, across the nation, was estimated to be around
Rs.2,69,726.80 lakhs during the year 2010-11, with every prisoner, on an
average, costing the exchequer Rs.19,446.60 (2010-11) Now, here is
where the paradox lies. These criminals are stuffed (literally) into our
prisons since they have created either an economic loss or social loss to the
country; and they are then made to survive on the tax paid by that very
aggrieved society. In simple terms, the total cost on all prisoners put
together is shared by around 150,000 taxpayers!
Thus, the basic objective of prison labour is not only punitive nor to make
jails self-sufficient but also to keep prisoners engaged.
The tasks assigned to prison inmates till a few decades back were
generally unproductive. Besides, a large number of inmates remained
entirely unemployed. Even today, no work is assigned to the under trials
and prisoners of ‘A’ class.
The first three are private systems while the last three are public systems.
In India, only the last three public systems of prison labour are prevalent at
present .Therefore, these three are discussed below :
Under the state account (or also called the public account) system, inmates
manufacture various commodities in the institution and the products are
sold in the open market in competition with the goods produced by free
labour. The state thus earns profit (or incurs loss) and exercises complete
control over the inmates as well as the entire business.
This system is prevalent in India even today and things like carpets, niwar,
furniture, durries, flower-pots, cane baskets, etc. are sold by prisons in the
open market. But the system has not picked up much owing to small
demand for prison-made goods, poor quality of the goods produced,
introduction of machinery in private industry, and lack of capital and
transportation facilities.
Under the state use system, the state supplies products of prisoners to
public institutions and agencies (like the police, schools, post-office
government offices, and so forth). This practice of restricting the mark
avoids direct competition with private enterprise and free labour while
utilising prison labour for the benefit of the public.
Under the public works system, the services of prisoners are used for
constructing dams, digging canals, cultivating land, and so forth. The
prisoners are paid the same wages as are paid to free labour. However, the
prisoners have to arrange for their own food out of the wages earned by
them.
The state account and the state use systems are the two systems which are
usually adopted by prisons in India. The training “given and the work
assigned to inmates in prisons can be classified into five major groups:
textiles and subsidiary, carpentry, leather work, black smithy, and
producing soap, rope, etc. It is estimated that no more than 30 to 35 per
cent of prisoners are engaged in productive work.Of these, more than 50
per cent are engaged in durrie-making, 25 per cent in handloom textiles,
and the remaining 25 per cent in other tasks (like carpentry, tailoring,
black-smithy, etc.).
Prison industries involve work contracted from outside the prison and
through service-type industries. Employment in a prison industry
emphasises developing work habits and skills that will help a prisoner to
gain employment when released. Prisoners often undertake a vocational
training program which is relevant to their prison work to gain
qualifications that are recognised in the community.
The range of industries offered varies from prison to prison, but common
examples include metal fabrication, manufacture of timber products,
agriculture and horticulture programs.
Some prisoners also work in facility services such as the kitchen, laundry,
cleaning, maintenance and gardening. Where possible, the types of
industries provided reflect market trends and industry needs.
Community work
Whenever during the imprisonment, the prisoners are made to work in the
prison, they must be paid wages at the reasonable rate. The wages should
not be below minimum wages. The payment has to be equivalent to the
service rendered, otherwise it would be ‘forced labour’ within the meaning
of Article 23 of the Constitution. In such a case there is no difference
between a prisoner serving a sentence inside the prison walls and a
freeman in the society.
State concerned should make law for setting apart a portion of the
wages earned by the prisoners to be paid as compensation to deserving
victims of the offence the commission of which entailed the sentence
of imprisonment to the prisoner, either directly or through a common
fund to be created for this purpose or in any other feasible mode.
Vocational Training
The 2005 Census of State and Federal Correctional Facilities found that
85 percent of all reporting facilities offered formal educational programs to
inmates (Stephan 2008). At least half of the facilities (52 percent) offered
vocational training. Although most facilities responding to the census
reported providing vocational training, participation in the programs is not
always high and may be decreasing. For inmates in state correctional
facilities, participation in vocational training went from 31.2 percent in
1991 down to 27.0 percent by 2004 (Harlow 2003; Crayton and Neusteter
2008). Participation may be waning because of lack of awareness or
interest in such programs or reduced funding.
There are several obstacles that incarcerated adults must face upon their
release from prison, including the prospect of unemployment. A lower
level of educational attainment, an absence of a steady history of
employment, and a lack of vocational skills can hinder efforts to find a job
and make a decent wage. Providing educational programming and
vocational training to adults while they are in prison can help them
overcome these challenges by fostering the skills needed to find
employment (Davis et al. 2014).
Asset maintenance
Information technology
Hospitality
Construction
Industries
Vocational Training :
Apart from Industrial Training, the prisoners are given training in the
following simple trades also by the Government as well as N.G.O.s for
their ultimate rehabilitation :
Screen Printing
Simple chemicals
Food processing
Plastic Flower making
Agar Bathi making
Education facilities
Library :
In every prison there is one library with books of moral & educative value
for the use of Prisoners. Books are also borrowed from the District library
on loan basis.
Tamil and English news papers and magazines are supplied to inculcate
reading habit among the prisoners. All news papers and Magazine are
subject to censorship.
All prisoners are permitted to purchase at their own cost any of the
newspaper or magazine of their choice, subject to certain restrictions
imposed from time to time by the Government.
RECREATIONAL PROGRAMMES:
When most people think about prison recreation, they think of sports.
Actually it is much more. First, those in the profession call it Correctional
Recreation. Second, it can involve many activities ranging from passive
activities (TV watching and movies) to low energy activities (board
games, card games, billiards and bingo) to hobbies (ceramics,
photography, art, music, leather craft), to sports (basketball, softball,
volleyball, weight lifting), to special activities like gardening, pet therapy,
calligraphy and many others. Similar to college recreation directors and
college intramural directors, recreation supervisors develop and operating
recreational activities for those in prisons. They try to increase
involvement and participation by more inmates. Some prisons provide a
wide range of activities and facilities, while very limited programs are
operated at other facilities.
The goals and objectives of correctional recreation are broad. Here are a
few borrowed from a 1999 York Correctional Institution Manual:
Most crimes are committed during leisure time. One of the underlying
goals of correctional recreation, is that inmates will acquire new leisure
skills to successfully re-enter society. Recreation activities include a
rehabilitative effect for some inmates and recent research has shown they
may also increase the effectiveness of other treatments (substance abuse
counseling) when teamed with those therapies.
A correctional recreation staff can range from one person performing a few
of recreation duties while primarily responsible for another position, to one
part time recreation person, to a full staff including a supervisor, several
assistants and some inmate workers depending on the size of the facility,
budget constraints and the level of emphasis placed on recreation.
Equipment (weight piles, cameras, board games, basketballs, softballs,
bats, etc) and facilities (jogging track, outdoor rec yards, softball fields,
ceramic kilns, photography darkrooms, music rooms, hobby rooms, indoor
and outdoor basketball courts, theaters, etc) similarly vary by institution
with federal facilities tending to support a wider range of activities.
Counselling :
They have complete control over mess and are expected to look after the
interests and welfare of their fellow prisoners. The self-government of
prisoners in Osborn (U.S.A.) jail indicated that the system proved to be
very successful and the number of escapes was almost negligible. The
inmates generally behaved well and never tried to misuse the liberty
extended to them.
Under this system, the prisoners who have good prison record are attached
to work with wardens and guards of the institution and thus they act as a
common link between the prison authorities and the fellow inmates. They
are extended certain facilities and are even allowed to move out of the
prison occasionally during the course of their work. This proves helpful in
many ways.
Firstly, it develops a sense of duty, honesty, trust and loyalty among the
prisoners and secondly, it has a psychological effect on other inmates as
they are convinced that a disciplined behaviour in prison would entail
them certain facilities including some reduction in their term of sentence
like their fellow prisoners.
PRISONIZATION AND SUB-CULTURE:
The Human Rights of prisoners are taken care of by providing better living
conditions with sufficient accommodation, ventilation, food facilities,
potable drinking water, better diet, medical and sanitation facilities
interview and communication facilities, entertainment , free legal aid etc.
Types of Sentence :
Simple Imprisonment:
Rigorous Imprisonment:
Life Imprisonment:
The prisoner who commits prison offences, enlisted in the Prison rules will
be given the prescribed Prison punishment. The Superintendent may
impose minor or major punishment as classified in Prison rules including
prosecution depending upon the gravity of the offence.
Prison Subculture is the culture of prison society and thought by some to
arise from the ‘pains of imprisonment’, while others believe it is imported
to the prison. Prison Subculture is also known as the ‘convict code’.
The Prisonization model postulates that inmates react or adapt to the
deprivations of imprisonment by forming the inmate subculture and
behaving accordingly.
Subculture refers to group that shares common values, norms, beliefs and
Prison subculture refers to inmate code. The process of taking on norms
and customs of prisons is called prisonization. Some of the features of
prison subculture are:
Abstract
PRISON ROUTINE:
Entering prison
Admission
Induction
classification
When you arrive, staff will record your physical description, personal
details, and take your property. This includes any jewellery (with the
exception of plain wedding rings) or watch you may be wearing; only
approved prison jewellery and watches may be worn in prison and these
can be purchased while in jail.
allowed to shower
photographed
interviewed by a counsellor
allocated a cell.
You then participate in an induction, where you learn about the prison and
its rules and what’s required of you during your time there.
You are then assessed for your health, education and intervention needs for
security classification. This determines centre placement options, as well
as access to training, intervention and work programs. Classification and
assessment can take up to 3 weeks and once complete you may be moved
to another prison better suited to your needs.
Accommodation
Almost all cells in Queensland correctional centres are single cells which
contain a bed, shower and toilet. You are responsible for keeping your cell
clean and tidy.
You are not allowed certain items such as weapons, drugs, ammunition,
flammable substances, explosives, grappling hooks, cutting instruments,
false identification, passports, mobile phones, modems, scanners, alcohol,
tobacco and other smoking related products (including cigarette lighters,
matches, papers, filters), tattoo guns, unauthorised keys, or any other item
that might endanger others or assist in an escape.
While in jail you can hold a personal prison trust account of up to $1000.
You can use this to buy permitted items. In addition you can hold up to
$300 in your telephone account to make personal phone calls.
You can use your prison trust account to buy items from the prisoners’
canteen including food items and certain recreational items (such as art,
hobby and educational materials) or to rent a TV set directly from the
prison.
With permission, you may also be able to buy certain items not available
from the prisoners’ canteen from an approved outside source. This
includes underwear, magazines, greeting cards, recorded music, footwear,
and electrical goods; although you are not allowed to buy some items such
as DVDs, DVD players, or electronic game consoles.
You may also have to use money in your prison trust account to pay for
items of prison property you intentionally break while in prison, or you
may have to make payments to a victim under the criminal injury
compensation scheme.
You will be given any remaining money in your trust fund when you are
discharged from prison.
Dress regulations
You must wear regulation prison-issued clothes at all times. You will be
allowed to wear your own clothing if attending court. Your clothing must
be neat and clean.
Daily routine
A prisoner’s day is highly structured, with specific times for musters, head
counts, meals (eaten communally unless the prisoner is in a residential
unit), activities (such as educational, recreational and hobby programs) and
work.
Telephone access
Making calls
You are not allowed access to a mobile phone while in prison; you can,
however, make calls through the Prisoner Telephone System (PTS).
To get access to the PTS you need to make a written application to the
prison authorities including a list of phone numbers a prisoner can have up
to 10 registered numbers of people you want to call. These are checked for
accuracy and to ensure the person you have listed wants to receive calls
from you. You can’t include certain numbers such as those used by the
TAB, gaming agencies or telephone chat lines.
PTS calls are limited in duration, are recorded and may be monitored by
the prison authorities.
You are not allowed to divert to other numbers or take part in conference
calls.
You must pay for all other personal calls. A phone account will be set up
for you with your own money and you can transfer up to $100 from your
prison trust account to your phone account.
Prisoners cannot usually receive phone calls. If you think there might be
an emergency when your family might need to phone you, discuss this
with a staff member.
Internet
In jail, prisoners do not have access to email, social media or the internet.
Normal mail
There is no limit to the number of letters you may send or receive. All
normal mail is searched for contraband but is not censored unless
authorized by the person in charge.
Incoming mail (except privileged mail) should contain only letters and
approved family photographs. If approved, you may also receive religious
reading materials, underwear and court clothing through the mail.
Any mail considered a threat to security or safety may be seized and the
sender may be charged for mailing illegal items.
All outgoing mail (except privileged mail) is placed unsealed in the box
provided. You can buy pre-stamped envelopes at the centre using your
prison trust account
Privileged mail
Prison visitors
While in prison it’s important you maintain links with your family and
friends, so we encourage you to receive visits from them.
Visitors must apply and make a booking to visit you, prove who they are
and follow prison rules and regulations during the visit.
CULTURE SHOCK INCARCERATION:
Inmates are told or provided what to wear, when and what to eat, when to
shower, when to go to the gym, when they can go outside, what they can
and can’t have in their cell, how much stuff they can have. They never
have to turn on or off a light. Many haven’t used a computer or a cell
phone. Their families have lived without them and have grown into people
they don’t know. They don’t understand the usual common courtesies
almost no one says excuse me, thank you, please, or I’m sorry in prison.
They stand too close to people, always want their backs to the wall, don’t
trust anyone, and want to protect the few things they do have. They will
speak too loudly and be very demanding because that worked in prison.
Their culture is different in countless ways. The things that spark them to
anger is different. They will overreact because action speaks louder than
words in prison. Their sense of entitlement is high because they have had
to demand attention while incarcerated. There is no way for a never
incarcerated person to fully understand the mindset of an incarcerated
individual, especially someone who has been incarcerated a long time.
The UN was founded after the Second World War by 51 countries never
wanting to see the horrors of war and holocaust again. Over the last 70
years, UN membership and relevance has grown, and it now has 193
member states. It is the world’s largest and most important international
organization.
Since 1964 Amnesty has had special consultative status at the UN, which
has allowed us to shape crucial developments in human rights, including:
The adoption of key UN Conventions. Such as against Torture and
Disappearances and, curbing the arms trade.
PRISON ADALAT:
It is pertinent to note that more than 50% of the population in jail are
under-trials. The first prison Adalat was inaugurated on 15.8.2000 in
Chennai Central prison followed by Madurai, Trichy, Vellore Cuddalore
and Salem. In Vellore, there are two prisons, one for males and another for
females, and for each of those prisons, prison Adalat is established. The
functioning of prison Adalats has reduced not only the pendency of cases
but also the prison population.
PROBATION:
The term ‘probation’ was derived from the Latin word ‘Probare’
meaning to test or to prove. This meaning of the term constitutes the
essence of probation even in the contemporary context although
probation has gone far ahead shedding its traditional legalistic
connotation. Correctional literature was almost flooded with
definitions of probation. Diana (1960), however, reviewed a number
of these definitions and grouped them into the following six categories
In India, probation received statutory recognition for the first time in 1898
through Section 562 of the Code of Criminal Procedure, 1898. Under the
provision of this section, the first offender convicted of theft, dishonest
mis-appropriation or any other offence under the Indian Penal Code
punishable with not more than two years imprisonment could be released
on probation of good conduct at the discretion of the Court. Later, the
Children Act, 1908, also empowered the court to release certain offenders
on probation of good conduct. Similar provisions existed in the Children
Act, 1960 which were repealed consequent to passing of the Juvenile
Justice Act, 1986. This Act was further substituted by the Juvenile Justice
(Care & Protection of Children) Act, 2000.
(ii) Young male adult offenders under twenty-one years of age and
female offenders of any age.
The Committee in its Report of 1957 pointed out that there was no liaison
between the government, the probation personnel, the police, and the
prison administrators in implementation of the probation law. The
Committee also highlighted the need for a central law on probation with
greater emphasis on release of offenders on probation of good conduct so
that they are reclaimed as self-reliant members of society without being
subjected to deleterious effects of prison life.
It must be stated that the provisions of the Probation of Offenders Act are
not confined to juveniles alone, but extend to adults also. Again,
provisions of the Act are not only confined to offences committed under
the Indian Penal Code but they extend to offences under other special laws
such as the Prevention of Corruption Act, 1947; the Prevention of Food
Adulteration Act, 1954; the Customs Act, 1962; the Prevention of Black
Marketing & Maintenance of Supplies of Essential Commodities Act,
1980; the Conservation of Foreign Exchange & Prevention of Smuggling
Activities Act, 1974, Narcotic Drugs &Psychotrophic Substances Act,
1985 etc.
In recent times, the emphasis is on the reformation and rehabilitation of the
offender as a self-sufficient and useful member of the society, without
subjecting him to the deleterious effects of jail life.
This relates to the measure of probation, which may be used by the courts
as an alternative and is increasingly being used.
Shock Probation
After receiving a timely filed motion, the prison authorities are required to
submit a report to the trial court telling the court whether or not the
defendant was compliant during the time he was in prison. A good
behavior report will improve a defendant's chance of receiving shock
probation. The court can either deny the motion (thereby ordering the
defendant to complete the balance of the sentence), or grant the motion
and place a defendant on straight probation. The decision to grant a shock
probation motion is completely within the trial court’s discretion-- as long
as the defendant is otherwise eligible to receive shock probation.
Shock Probation Eligibility
Only certain defendants can qualify for shock probation. Shock probation
is designed to assist first time or early career offenders. A defendant being
prosecuted under a career offender statute would not be eligible. However,
a defendant who had previously received a deferred sentence that did not
result in a final conviction could be eligible.
Advantages
PRE-INVESTIGATION REPORT:
SUPERVISION:
REVOCATION:
The revocation hearing isn't the same as a trial. The burden of proof for the
prosecution is typically not "beyond a reasonable doubt." Rather, it's
something less, such as having to prove that, "more likely than not," the
violation took place. Because the burden of proof is less than at a trial, a
probationer might face what could seem to be inconsistent results: If the
probation violation is the commission of a new crime and the probationer
is acquitted of that crime, he can nevertheless have his probation revoked.
In essence, probation is a privilege that can be lost more easily than one’s
initial freedom.
Talk to a Lawyer
The law on probation may differ from one state to another. Practices may
even vary somewhat from one part of a state to another. And federal court
has its own set of rules. If you’re facing probation revocation, be sure to
consult an attorney experienced with the relevant law.
PAROLE:
The Prisons Act of 1894 being Act No. 9 of 1894 has defined the
furlough system and the parole system under Sections 5(A) and 5(B) of the
Prisons Act, 1894 which reads as follows: “5(A) ‘Furlough system‘means
the system of releasing prisoners in jail on furlough in accordance with the
rules for the time being in force.” “5(B) ‘Parole system‘means
the system of releasing prisoners in Jail on parole, by suspension of their
sentences in accordance with the rules for the time being in force.” 6.
Pursuant to the powers conferred by Clauses 5 and 28 of Section 59 of the
Prisons Act, 1894 (9 of 1894) in its application to the State.
“The parole and furlough rules are part of the penal and prison system with
a view to humanise the prison system. Those rules enable the prisoner to
obtain his release and to return to the outside world for a short prescribed
period. The objects of such a release of prisoner can be read from para 101
of the report submitted by the All India Jail Manual Committee as also the
objects mentioned in Model Prison Manual. These objects are:
AFTERCARE:
After- care of released prisoners as one of the most effective means to curb
recidivism. An offender, immediately after release from prison, has to
confront with a lot of social and personal problems, such as loss of family
contacts, lack of suitable employment opportunities, social stigma of
prison sentence and so on. It is for a solution of these serious problems that
a discharged offender needs community’s sympathy, help and care,
without which he will, in all probability, find no other alternative but to
resort to crime. Absence of after care, therefore, gives rise to recidivism.22
“After-care”, to quote the Model Prison Manual “is the released persons”
convalescence. It is the bridge which can carry him from the artificial and
restricted environment of institutional custody, from doubts and
difficulties, hesitations and handicaps to satisfactory. Citizenship,
resettlement and to ultimate rehabilitation in the free community.23 the
objects of after care service, as stated in Model Prison Manual are
C. to help in the removal of any social stigma that may attach to the
inmate or his family because of incarceration,
D. to impress upon the individual the need to adjust his habits, attitudes,
approaches and value schemes on a national appreciation of social
responsibilities and obligations and also of requirements of
community living,
I T is a hard fact that society in India has not yet fully realised the reasons
for recidivism, and our people have yet to learn that it is not a
psychological aptitude for crime in a particular man that leads the ex-
convict back to the prison gates. On the other hand it is far too often the
absence of a fair opportunity to enter into a suitable and honest life after
release that leads the ex-convict to offend against society again. While in
jail the prisoner gets cut off from old habits and associations. He is marked
with disgrace which prevents him from normal living. He is cast forth
abruptly and without support to face all the difficulties of life and all the
seductions of liberty. Hence it is that the need for an agency to take care of
the discharged prisoner for such time as may be absolutely necessary
before he starts life over again has become generally recognized. In India,
the Prison Department of the United Provinces can rightly be styled the
pioneer of the movement to aid the prisoner, inasmuch as a fund for aiding
released prisoners called "The Aid To Discharged Prisoners' Fund" was
started there in 1893 the first of its kind in the country. Great leaders of
Indian and Asiatic thought have preached the obligation of helping the
imprisoned and restoring them to normal life. But the carrying out of this
preaching has been left to the individual's charitable instinct. With the
people of India such assistance has been more or less a question of pity or
religious sentiment, rather than a duty to be performed for the individual
prisoner. Even in western countries it was not until the eighteenth century
that society recognized its obligation to those whom it had punished in
order to protect itself.
Despite the usefulness of after-care service, there has been very little
progress in this major area of correctional activities in India. Some
separate efforts to render a part of his service to the released offenders,
have, however, been made in some of the states. From the study the
Research Scholar finds that the actual after care work that has been done
so far in India “falls far too short of the requirements”. Lack of funds,
ignorance of the psychological and economic basis of crimes, and general
apathy are the major factors standing in the way.
HALF-WAY HOUSES:
Organization
Success rates are good for offenders who are released back into the
community through halfway houses
ROLE:
Significance
If a person is mentally ill in India, he or she will be hard put to get proper
help in time and will also face a lot of social taboos. When that person
happens to be a prisoner, he is doubly condemned. This is why the Delhi
high court has issued a number of directions to the state government to
expedite setting up halfway houses for mentally ill prisoners so that they
get treatment and are able to eventually reintegrate into society.
Now this is easier said than done, given that in the case of the mentally ill,
whether prisoners or otherwise, neither society nor their families tend to
welcome them back. This makes it imperative for the state to give them
some sort of safety net beyond halfway houses.
As of now, according the National Crime Records Bureau, there are 5,394
mentally ill prisoners out of a total of 418,536 people in jails. The
condition of women prisoners is especially pitiful as they are often left to
the mercy of male wardens and other inmates. Mental illnesses are
explained away as someone acting up until it is too late.
Psychological illnesses too are considered odd behaviour and not as real
health issues in many cases.
The halfway house proposed by the Delhi court should be a template for
other states where mentally ill prisoners tend to languish in jails or when
released are left on the streets for want of medical assistance and
rehabilitation.
REHABILITATION:
Correctional and medical treatments are alike in one other way: they
assume that experts, scientifically trained in the relevant knowledge on
how to treat their "clients," will guide the individualized treatment that
would take place. In medicine, this commitment to training physicians in
scientific expertise has been institutionalized, with doctors required to
attend medical school. In corrections, however, such professionalization
generally is absent or only partially accomplished.
Pre release
All Victorian prisons help prisoners to prepare for release through a range
of support and transition programs. Visiting community service
organisations and other government departments offer prisoners assistance
with a range of pre-release matters including identification, housing and
accommodation, finance and Centrelink, employment, legal matters and
medical assistance.
Identification
Employment
Legal matters
Prisoners get help to access legal support and advice before they leave
prison so outstanding legal matters are addressed. Matters may include
unpaid debts, fines and warrants, intervention orders, and family and
custody matters.
Prisoners requiring treatment for substance misuse can talk to prison health
staff to arrange access to treatment in the community.
Medical needs
The health staff will develop a discharge summary for the prisoner to take
with them when they leave prison. If a prisoner has an appointment with a
specialist in the public health system that is to occur after they are released
from custody, information on the appointment will be provided as part of
the discharge summary. Health staff may also develop a discharge plan for
the prisoner to support them to access healthcare in the community.
Prisoners who are released under a parole order are given information
about their order and the Community Correctional Services location they
will report to. Prior to discharge, the prison will arrange an induction
appointment for the prisoner with a supervising community corrections
officer.
For prisoners who are not being collected by family or friends, the prison
may help with transport to the nearest train or bus station.
Personal property
Prisoners get remissions periodically for good conduct and work. Special
remissions are also given for specific special services. The sentences are
reviewed from time to time according to various rules and the prisoners are
released before time if they satisfy the prescribed conditions.
Judiciary, NHRC and several states have framed guidelines for premature
release. The information is in a state of disarray. There is no body of
knowledge that comprehensively looks at the guidelines. Most guidelines
consider terminally ill prisoners as eligible for remission. In Layman
Naskar, the Supreme Court listed a out a few questions which are relevant
for considering premature release: (i) Whether the offence is an individual
act of crime without affecting the society at large (ii) Whether there is any
chance of future recurrence of committing the crime (iii)Whether the
convict has lost potential for committing the crime (iv)Whether there is
any fruitfulness of purpose for confining the convict anymore (v) What is
the socio economic condition of the convicts family. Premature release has
been recognized as one of the facets of the human rights of prisoners. The
National Human Rights Commission had taken up this issue in a couple of
instances. The commission formulated guidelines for release because
various representations were made to the commission on the non-
uniformity of standards applied by state governments when using the
power of remission.31 the commission envisaged setting up of a sentence
review board which would consider applications for release. The
commission set down guidelines for the sentence review board to decide
on remissions which are similar to the Laxman Naskarguidelines.
Importantly, the commission observed that within the category of prisoners
under 433A, a reasonable classification can be made on the basis of
magnitude, brutality and gravity of the offence. Further, (i) the total period
of imprisonment should not go beyond 20 years, including remissions. (ii)
Some category of prisoners shall be considered for remission only after 20
years. Even in such cases, the total period should not exceed 25 years. E.g.
persons convicted for murder with rape, murder with dacoity; persons
whose death sentence has been commuted to life imprisonment etc.
Convicts who have been imprisoned for life for murder in heinous cases
such as murder with rape, murder with dacoity, murder involving an
offence under the Protection of Civil Rights Act 1955, murder for dowry,
murder of a child below 14 years of age, multiple murder, murder
committed after conviction while inside the jail, murder during parole,
murder in a terrorist incident, murder in smuggling operation, murder of a
public servant on duty32 (iii) Other male prisoners, not covered by
433A,should be entitled to release after 10 years of actual imprisonment,
without remissions. In the case of female prisoners, 7 years of
imprisonment is sufficient. The 2003 directives had removed one directive
in the 1999 directions. This direction had made some prisoners ineligible
for premature release. The Bureau for Police Research and Development
released a Model Prison Manual in 2003. A chapter was devoted to
premature release. It was suggested that premature release and remission
should be used as incentives for self – discipline. Other important points
for consideration in that manual are: (i) Cases of women offenders
sentenced for infanticide should be reviewed without delay and if needed,
they must be sent to voluntary organizations (ii) Non-habitual male,
female and adolescent offenders should be eligible for remission on
completion of a minimum term (iii) Old (above 65 years of age) and infirm
offenders would be eligible (iv) Offenders suffering from incurable
diseases would be eligible. (v) Applications can be made before the review
board several times (vi) there should be a body for monitoring the
activities of the review board.