Prisons are a feminist issue. This chapter offers an account of central issues and themes in feminist philosophical work on prisons, examples of important contributions, and future directions for feminist work in the field. It does so, however, in a way that consciously deploys a feminist methodology that resists the replication of hierarchical norms and structural violence in the very doing of theory and history. In this spirit, it emphasizes the record of struggle across the prison’s history, the (...) resistance efforts that live behind individual academic theories, the conceptual frameworks generated by groups bearing the brunt of carcerality, and it investigates alternative strategies of harm reduction developed across those communities. The chapter closes with an explicit exploration of prison abolitionism, which works not only to radically rethink punishment but also to shift the locus of voice and leadership. In so doing, the chapter aims to review, as much as to create anew, a feminist theoretical analysis of prisons. (shrink)

David Gauthier in his article, Maximization constrained: the rationality of cooperation, tries to defend of the joint strategy in situations which no outcome is both equilibrium and optimal. Prisoner’s Dilemma is the most familiar example of these situations. He first starts with some quotes by Hobbes in Leviathan; Hobbes, in chapter 15 discusses an objection by someone is called Foole, and then will reject his view. In response to Foole, Hobbes presents two strategies (i.e. joint and individual) and two kinds (...) of agents in such problems including Prisoner’s Dilemma – i.e. straightforward maximizer (SM) and constrained maximizer(CM). Then he considers two arguments respectively for SM and CM, and he will show that why in an ideal and transparent situation, the first argument fails and the second one would be the only valid argument. likewise, in the following part of his article, he considers more realistic situations with translucency and he concludes that under some conditions, joint strategy would be still the rational decision. (shrink)

In The Idea of Prison Abolition, Tommie Shelby evaluates arguments for and against the elimination of incarceration as a mode of punishment. In this article, we discuss and expand upon Shelby's arguments, using two very different systems—those of Norway and the United States—as examples to illustrate some general principles.

Rising numbers of ageing prisoners and goals on implementing equivalent health care in prison raise issues surrounding end-of-life care for prisoners. The paucity of research on this topic in Europe means that the needs of older prisoners contemplating death in prison have not been established. To investigate elderly prisoners’ attitudes towards death and dying, 35 qualitative interviews with inmates aged 51 to 71 years were conducted in 12 Swiss prisons. About half of the prisoners reported having thought about dying (...) in prison, with some mentioning it in relation with suicidal thoughts and others to disease and old age. Themes identified during data analysis included general thoughts about death and dying, accounts of other prisoners’ deaths, availability of end-of-life services, contact with social relations, and wishes to die outside of prison. Study findings are discussed using Allmark’s concept of “death without indignities,” bringing forth two ethical issues: fostering autonomy and removing barriers. Attributing the identified themes to these two ethical actions clarifies the current needs of ageing prisoners in Switzerland and could be a first step towards the implementation of end-of-life services in correctional systems. (shrink)

Prisoners signify: a political discourse analysis of mental illness in a prison control unitIncreasingly, US prisoners diagnosed with mental illness are housed in control units, the most restrictive form of confinement in the US prison system. This situation has led to intense debate over the legal, ethical and clinical status of mental illness. This is a semiotic struggle with profound effects, yet most related work treats mental illness as a neutral, individual variable. Few analyses locate mental illness within a larger (...) sociopolitical context. Fewer still focus on discursive practice. None critically analyze the accounts of control unit prisoners, who talk about extreme marginality and risk for victimization. This paper has two aims: (i) to develop a systematic method of analysis that accounts for signification as discourse‐in‐action; and (ii) to show how prisoners’ signification of mental illness articulates agency through and against marginalizing discourse. Political discourse analysis demonstrates how control unit prisoners with psychiatric diagnoses signify mental illness, and articulate safer identifications in the process. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

(1992). The prisoner's dilemma and educational provision: A reply to Ruth Jonathan. British Journal of Educational Studies: Vol. 40, No. 2, pp. 118-133.

We make the case that the Prisoner’s Dilemma, notwithstanding its fame and the quantity of intellectual resources devoted to it, has largely failed to explain any phenomena of social scientific or biological interest. In the heart of the paper we examine in detail a famous purported example of Prisoner’s Dilemma empirical success, namely Axelrod’s analysis of WWI trench warfare, and argue that this success is greatly overstated. Further, we explain why this negative verdict is likely true generally and not just (...) in our case study. We also address some possible defenses of the Prisoner’s Dilemma. (shrink)

The Republic of the Ukraine has a huge prison population and a large prison health care system. Like all other public services in that country it is lacking in sufficient funds to operate adequately and with due respect to the human rights of the prisoners and its health care employees. This report and observations are based on my knowledge of the Ukrainian health care system and a visit to a Ukrainian prison hospital. It includes some ethical reflections stemming from this (...) experience. Although problem-solving exercises can often help to point to areas of potential intervention that could ameliorate a troublesome situation, in this case prison health care conditions cannot be substituted for economic growth, political stability or increased awareness of societal moral obligations. (shrink)

This chapter examines the death of prisoners from illness in prison. It brings together first-person accounts and other research on the experiences of aging, being ill, and dying in prison, with and without formal hospice care, and the experiences of those working in hospice, caring for other prisoners at end of life. It considers these accounts, emphasizing Butler's analysis of livability and asking the question: what makes life, death, and grief in prison livable? It argues that adequately considering the complexity (...) of prison hospice programs means attending not just to how, where, and with whom prisoners are dying but also to who is most likely to be imprisoned, how their relationships are likely to be constrained, and how their lives and deaths are most likely to be perceived. Formal and informal hospice programs are important not only for the way prisoners provide basic care to each other within them but for the way they also allow for recognizing and mourning those who die in prison, as significant, remembered, and grievable. (shrink)

. “Normal” Prisons in an “abnormal” society? A comparative perspective on South African prison law and practice. Criminal Justice Ethics: Vol. 6, No. 2, pp. 37-51. doi: 10.1080/0731129X.1987.9991816.

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. This (...) political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

In the classic abolitionist text, Prison on Trial, Thomas Mathieson argues that imprisonment cannot be justified by appeal to any standard punitive aim: rehabilitation, deterrence, incapacitation, or retribution. The aim of this paper is to give prison an ‘appeal hearing’: to examine whether it can be justified by a set of punitive aims not considered by Mathieson. In particular, it asks whether imprisonment can be justified by the ‘communicative’ theory of punishment proposed by Antony Duff. Duff sees imprisonment as having (...) an important role in a properly ‘communicative’ system of criminal justice: to serve as the ultimate sanction for offenders who fail to comply with other forms of punishment; to shock offenders into repentance for their crimes; and to communicate to offenders in a symbolically appropriate way the seriousness of their offence. This paper argues that each of Duff’s rationales fails: using prison as an ultimate sanction violates the communicative principle of treating offenders as responsible moral agents; the evidence suggests that prison will impede rather than facilitate repentant understanding; and while prison might be able to express censure, it is not rationally connected to enabling a meaningful moral dialogue. As such, it concludes that this particular appeal hearing for imprisonment fails. (shrink)

This volume makes good on a promise that the author made in his Ancient Menippean Satire , namely, to use that tradition to offer an interpretation of Boethius's Consolation of Philosophy. Building on a trend in recent scholarship to reclaim the Consolation as a Christian work, on his own well-received translation of the Consolation , and on the literary criticism associated with Northrop Frye and Mikhail Bakhtin, Relihan argues that attentiveness to the ironies typical of Menippean satire can help to (...) resolve the problem that is presented by the lack of any explicit testimony to Boethius's Christian faith within the Consolation. Had Boethius somehow found his religion insufficient for coping with his prison experience and reverted to philosophy for comfort in the face of imminent death? Going beyond the stance that the Consolation has merely some latent religious convictions, Relihan argues that Boethius is using the resources of Menippean satire to show the limits of pagan philosophy and the need to turn to prayer instead. (shrink)

Criminologists have long acknowledged the link between a number of cognitive deficits, including low intelligence and impulsivity, and crime. A new wave of research has demonstrated that pharmacological intervention can restore or improve cognitive function, particularly executive function, and restore neural plasticity. Such restoration and improvement can allow for easier acquisition of new skills and as a result, presents significant possibilities for the criminal justice system. For example, studies have shown that supplements of Omega-3, a fatty acid commonly found in (...) food such as tuna, can decrease frequency of violent incidents in an incarcerated population. Research has also begun to explore the use of selective serotonin reuptake inhibitors to reduce impulsivity in some violent offenders. However, there are significant legal and ethical implications when moving from dietary supplements to prescription pharmaceuticals and medical devices for cognitive intervention. This paper will explore the legal and ethical issues surrounding the use of pharmacological intervention on prisoners as an effort to reduce crime and recidivism. (shrink)

The Prisoner's Dilemma is a popular device used by researchers to analyze such institutions as business and the modern corporation. This popularity is not deserved under a certain condition that is widespread in college education. If we, as management educators, take seriously our parts in preparing our students to participate in the institutions of a democratic society, then the Prisoner's Dilemma—as clever a rhetorical device as it is—is an unacceptable means to that end. By posing certain questions about the prisoners (...) in the Prisoner's Dilemma, I show that management educators have created a Prisoners Dilemma, whereby they intellectually imprison themselves and their students by continuing to appeal to the Prisoner's Dilemma. These questions are not encouraged by the advocates of the Prisoner's Dilemma. (shrink)

Columbia University Press's multivolume _Prison Notebooks_ is the only complete critical edition of Antonio Gramsci's seminal writings in English. Based on the authoritative Italian edition of Gramsci's work, _Quaderni del Carcere_, this comprehensive translation presents the intellectual as he ought to be read and understood, with critical notes that clarify Gramsci's history, culture, and sources; an index of names; and a contextualization of the thinker's ideas against his earlier writings and letters. This set includes notebooks 1 through 8 with all (...) attendant notes and materials and is an indispensible resource for scholars in the humanities and social sciences. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

According to David Lewis, the prisoner's dilemma (PD) and Newcomb's problem (NP) are really just one dilemma in two different forms (Lewis 1979). Lewis's argument for this conclusion is ingenious and has been widely accepted. However, it is flawed. As this paper shows, the considerations that Lewis brings to bear to show that the game he starts with is an NP equally show that the game is not a PD.

David Lewis has argued that we can gain helpful insight to the Prisoners' Dilemmas that we face from the fact that Newcomb's Problems are easy to solve, and the fact that Prisoners' Dilemmas are nothing other than two Newcomb Problems side by side. The present paper shows that the Prisoners' Dilemmas that we face are significantly different from Newcomb Problems in that the former are iterated while the latter are not. Thus Lewis's hope that we can get insight into the (...) former from the latter is illusory. (shrink)

Prisons & Punishment focuses on cross-national perspectives about penal theories and empirical studies. It brings together African, European and North American social philosophers, sociologists, political scientists, legal practitioners, prisoners and abolitionist activists. The contributors reflect on carceral society, most notably in the United States, and on the re-conceptualisation of punishment.

The United States prison system, the largest in the world, operates through both exploitative and rehabilitative modes of discipline. To gain political and public support for the extensive resources expended housing, feeding, and controlling its incarcerated population, the carceral state strategically emphasizes a mix of each mode. Agriculture in prisons is particularly illustrative. With roots in racial capitalism and the carceral state’s criminalization of poverty, plantation convict leasing system, work reform efforts, and punitive and welfarist carceral logics, prison agriculture (...) embodies explicit forms of exploitation and claims of rehabilitation. Accordingly, this article contextualizes and explains results from a nationwide study of state prisons within our framework of the disciplinary matrix. At least 662 adult state prisons have agricultural activities, including an array of animal, food, and plant production. We find that the drivers of these activities are financial, idleness reduction, reparative, and training. Our disciplinary matrix framework departs from conventional assignments of a particular activity to one disciplinary mode or the other and recognizes that any activity may be driven by different prison needs or philosophies. We investigate how different combinations of agricultural activities and drivers rely on discourses of deservingness to naturalize and reproduce structures of racialized, classed, and gendered control inside and outside prison, as well as the legitimacy of the prison system itself. (shrink)

Is game theory good for us? This may seem an odd question. In the strict sense, game theory—the axiomatic account of interaction between rational agents—is as morally neutral as arithmetic. But the popularization of game theory as a way of thinking about social interaction is far from neutral. Consider the contrast between characterizing bargaining over distribution as a “zero-sum society” and focussing on “win-win” cooperative solutions. These reflections bring us to the book under review, Prisoner's Dilemma, a popular introduction to (...) game theory and its relation to ethics by the respected science writer William Poundstone. The book begins with a moral dilemma and ends by discussing the evolution of co-operation. Poundstone emphasizes—correctly, to my mind—the ethical potential of game theory. He concludes his first chapter with this striking claim: “Today's practitioners of game theory are attempting to forge a kind of ethical progress. Is there any way to promote the common good in a prisoner's dilemma? The attempt to answer this question is one of the great intellectual adventures of our time”. (shrink)

As these opening quotes acknowledge, the Prisoner’s Dilemma (PD) represents a core puzzle within the formal mathematics of game theory.3 Its rise in conspicuity is evident figure 2.1 above demonstrating a relatively steady rise in incidences of the phrase’s usage between 1960 to 1995, with a stable presence persisting into the twenty first century. This famous two-person “game,” with a stock narrative cast in terms of two prisoners who each independently must choose whether to remain silent or speak, each advancing (...) self-interest at the expense of the other and thereby achieving a mutually suboptimal outcome, mires any social interaction it is applied to into perplexity. The logic of this game proves the inverse of Adam Smith’s invisible hand: individuals acting on self interest will achieve a mutually suboptimal outcome. However, as this chapter illuminates, the assumptions underlying game theory drive this conclusion. (shrink)

Prisoner's dilemmas can lead rational people to interact in ways that lead to persistent inefficiencies. These dilemmas create a problem for institutional designers to solve: devise institutions that realign individual incentives to achieve collectively rational outcomes. I will argue that we do not always want to eliminate misalignments between individual incentives and efficient outcomes. Sometimes we want to preserve prisoner's dilemmas, even when we know that they systematically will lead to inefficiencies. No doubt, prisoner's dilemmas can create problems, but they (...) also create opportunities to practice the cooperative norms that make market institutions possible in the first place. An ethical market culture, I argue, benefits from the presence of prisoner's dilemmas. I first consider standard approaches for solving prisoner's dilemmas. I then argue for the value of prisoner's dilemmas. Finally, I show the significance of this argument for advocating codes of business ethics. (shrink)

Columbia University Press's multivolume _Prison Notebooks_ is the only complete critical edition of Antonio Gramsci's seminal writings in English. Based on the authoritative Italian edition of Gramsci's work, _Quaderni del Carcere_, this comprehensive translation presents the intellectual as he ought to be read and understood, with critical notes that clarify Gramsci's history, culture, and sources; an index of names; and a contextualization of the thinker's ideas against his earlier writings and letters. This set includes notebooks 1 through 8 with all (...) attendant notes and materials and is an indispensible resource for scholars in the humanities and social sciences. (shrink)

Schools of economic ethics inspired by Buchanan propose viewing ethical conflicts as prisoners’ dilemmas to facilitate solutions based on Pareto-improving institutional changes. Given that healthcare is determined by complex institutional arrangements, it has been claimed that this approach is also suitable for business ethics in healthcare. To scrutinize this claim, this research systematically searched for studies reporting PD structures in healthcare. PubMed, EconLit, and EconBiz were searched to find articles in German and English. Study type, characteristics of the game, and (...) the proposed means to overcome the dilemma were extracted and analyzed for aspects supporting or challenging the claim. Across 53 studies, 68 descriptions of various dilemmas in healthcare and public health were identified. Many authors successfully developed proposals for institutional change to overcome these dilemmas. However, many of these analyses exhibited limitations such as oversimplifications or inconsistencies. Also, the quality of evidence on both the characteristics of dilemmas and the effectiveness of proposed solutions was very poor. The subsamples of studies that explicitly cited the ethical approach were disjunct from those that applied empirical methods to analyze the dilemmas. The large number of identified PDs indicates that economic ethics is relevant to healthcare. However, there is a need for further evidence to substantiate both the descriptive and prescriptive claims of this ethical theory. It should thus be seen as a complement that needs justification, rather than a substitute superior to other ethical frameworks. (shrink)

I provide a response to the commentaries on my book The Idea of Prison Abolition (2022) by Brendan O’Flaherty and Rajiv Sethi and by Colleen Murphy. With respect to the first commentary, I briefly discuss the comparison of US prisons to Norwegian prisons; the deterrent effect of well-crafted sentences; and the prospects of a world without prisons. In response to the second commentary, I argue that the methods of the scholar-activist and those of the analytic political philosopher (...) are not incompatible with meaningful engagement and disagreement on the abolition-versus-reform question despite these methodological differences. (shrink)

The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring (...) in a new industry. This article will address the history of prisons and the recent trend toward privatizing prisons and the perception of prisons as a for-profit enterprise. This new economic order brings with it a set of human rights concerns, including the relationship of for-profit prisons to increased numbers of incarcerated persons and increased sentences, racism and classism. The contractual relationship between political leaders and prison corporations will be addressed, noting that conditions of liability frequently mean that prison administrations lack motivation to safeguard the human rights of prisoners. The human rights issues often extend outside of the private prison itself, having a negative effect on the local community. (shrink)

Prison On Trial is the classic critique of prisons and imprisonment: a book for everyone's library shelf and collection.

In a time when controlling the spread of the virus in the United States requires drastic measures to limit the number of people coming in and out of intensive care units (ICU), the presence of prison guards is not justified. Transfers from American prisons to hospitals have increased dramatically during the pandemic and with each prison patient comes a cohort of prison guards. The theoretical benefits of having prison guards–such as preventing escape, protecting staff, and stopping unwanted visitation–are minimal: (...) critically ill prisoners are chained to their bed and pose minimal threat to the staff or flight risk. Unwanted visitation is already heavily regulated by the hospital. The risks of having more people in the ICU are significant during the pandemic: more potential exposures for staff, other patients, and the guards themselves. In order to limit the spread of the virus, the number of prison guards in the ICU should be limited. (shrink)

The "Prisoner's Dilemma" game has been extensively discussed in both the public and academic press. Thousands of articles and many books have been written about this disturbing game and its apparent representation of many problems of society. The origin of the game is attributed to Merrill Flood and Melvin Dresher. I quote from the Stanford Encyclopedia of Philosophy: Puzzles with this structure were devised and discussed by Merrill Flood and Melvin Dresher in 1950, as part of the Rand CorporationÂ’s investigations (...) into game theory (which Rand pursued because of possible applications to global nuclear strategy). The title "prisonerÂ’s dilemma" and the version with prison sentences as payoffs are due to Albert Tucker, who wanted to make Flood and DresherÂ’s ideas more accessible to an audience of Stanford psychologists. The Prisoner's Dilemma is a short parable about two prisoners who are individually offered a chance to rat on each other for which the "ratter" would receive a lighter sentence and the "rattee" would receive a harsher sentence. The problem results from the fact that both can play this game -- that is, defect -- and if both do, then both do worse than they would had they both kept silent. This peculiar parable serves as a model of cooperation between two or more individuals (or corporations or countries) in ordinary life in that in many cases each individual would be personally better off not cooperating (defecting) on the other. (shrink)

In a recent issue of this journal, C. L. Sheng claims to havesolved andexplained the Prisoner's Dilemma (PD) by studying it ‘from a moral point of view’ - i.e., by assuming that each player feels sympathy for the other. Sheng does not fully clarify this claim, but there is textual evidence that his point is this: PD's arise only for agents who feel little or no sympathy for each other; they cannot arise in the presence of a high degree of (...) reciprocal sympathy. A high degree of such sympathysolves the PD in that it prevents PD's from arising, and a low degree of itexplains the PD in that it provides an essential condition for the occurrence of that game. This thesis is false, as some examples show. These examples are important; they prevent us from underestimating the problem posed by the PD. (shrink)

It is illegitimate to read any ontology about "race" off of biological theory or data. Indeed, the technical meaning of "genetic variation" is fluid, and there is no single theoretical agreed-upon criterion for defining and distinguishing populations (or groups or clusters) given a particular set of genetic variation data. Thus, by analyzing three formal senses of "genetic variation"—diversity, differentiation, and heterozygosity—we argue that the use of biological theory for making epistemic claims about "race" can only seem plausible when it relies (...) on the user’s own assumptions about race; the move from biological measures to claims about “race” inevitably amounts to a pernicious reification. We also excavate assumptions in the history of the technical discourse over the concept of "race" (e.g., Livingstone's and Dobzhansky's 1962 exchange, Edwards' 2003 response to Lewontin 1972, as well as contemporary discussions of cladistic "race", and "races" as clusters). We show that claims about the existence (or non-existence) of "race" are underdetermined by biological facts, methods, and theories. Biological theory does not force the concept of "race" upon us; our social discourse, social ontology, and social expectations do. We become prisoners of our abstractions at our own hands, and at our own expense. (shrink)

Over the last decade, several European countries and the Council of Europe itself have strongly supported the use of advance directives as a means of protecting patients’ autonomy, and adopted specific norms to regulate this matter. However, it remains unclear under which conditions those regulations should apply to people who are placed in correctional settings. The issue is becoming more significant due to the increasing numbers of inmates of old age or at risk of suffering from mental disorders, all of (...) whom might benefit from using advance directives. At the same time, the closed nature of prisons and the disparate power relationships that characterise them mean that great caution must be exercised to prevent care being withdrawn or withheld from inmates who actually want to receive it. This paper explores the issue of prisoners’ advance directives in the European context, starting with the position enshrined in international and European law that prisoners retain all their human rights, except the right to liberty, and are therefore entitled to self-determination regarding health care decisions. (shrink)

The use of prisoners as research participants is controversial. Efforts to protect them in response to past exploitation and abuse have led to strict regulations and reluctance to involve them as participants. Hence, prisoners are routinely denied the opportunity to participate in research. In the absence of comprehensive information regarding prisoners’ current involvement in research, we examined UK prisoners’ involvement through review of research applications to the UK National Research Ethics Service. We found that prisoners have extremely limited access to (...) research participation. This analysis was augmented by a survey of those involved in research and research governance (UK researchers and Research Ethics Committee members). Our results suggest that pragmatic concerns regarding the perceived burden of including prisoners are far more prominent in motivating their exclusion than ethical concerns or knowledge of regulations. While prisoners may remain a vulnerable research population due to constraints upon their liberty and autonomy and the coercive nature of the prison environment, routine exclusion from participation may be disadvantageous. Rigorous ethical oversight and the shift in the prevailing attitude towards the risks and benefits of participation suggest that it may be time for research to be more accessible to prisoners in line with the principle of equivalence in prison healthcare. We suggest the necessary first step in this process is a re-examination of current guidance in the UK and other countries with exclusions. (shrink)

This report examines the issue of restraining prisoners undergoing medical treatment from several angles: Cases illustrating the situation regarding shackling since Physicians for Human Rights-Israel's establishment; the issues and ramification raised by this phenomenon, both in terms of human rights and medical ethics, as well as from the governmental point of view, and the PHR-Israel point of view.

Experiments in which subjects play simultaneously several finite two-person prisoner's dilemma supergames with and without an outside option reveal that: an attractive outside option enhances cooperation in the prisoner's dilemma game, if the payoff for mutual defection is negative, subjects' tendency to avoid losses leads them to cooperate; while this tendency makes them stick to mutual defection if its payoff is positive, subjects use probabilistic start and endeffect behavior.

Several bioethicists have recently advocated the force-feeding of prisoners, based on the assumption that prisoners have reduced or no autonomy. This assumed lack of autonomy follows from a decrease in cognitive competence, which, in turn, supposedly derives from imprisonment and/or being on hunger strike. In brief, causal links are made between imprisonment or voluntary total fasting and mental disorders and between mental disorders and lack of cognitive competence. I engage the bioethicists that support force-feeding by severing both of these causal (...) links. Specifically, I refute the claims that VTF automatically and necessarily causes mental disorders such as depression, and that these mental disorders necessarily or commonly entail cognitive impairment. Instead, I critically review more nuanced approaches to assessing mental competence in hunger strikes, urging that a diagnosis of incompetence be made on a case-by-case basis—a position that is widely shared by the medical community. (shrink)

This article examines the prisoner's dilemma paradox and argues that confessing is the rational choice, despite this probably entailing a less-than-ideal outcome.

The first English translation of the Prison Narratives written by the seventeenth-century French mystic and Quietist, Jeanne Guyon . Guyon describes her confinement between 1695 and 1703 in various prisons, including the dreaded Bastille, and the introduction provides a comprehensive context for Guyon's writing.

This chapter will discuss ethical issues connected with neuroscientific research on prisoners, focusing specifically on whether participating in such research should always be disregarded when making decisions about early release from prison. It was once routine in some jurisdictions for a prisoner’s participation in medical research to count as “good behaviour”, which could be given weight in decisions about early release. However, medical ethicists now widely regard this practice as ethically problematic, because prisoners might feel pressurised to participate in medical (...) research programmes by the desire to escape a coercive and harsh prison environment, and thus their agreement to take part in the programme might not satisfy the freedom requirement for valid consent. Yet, there may be a tension between traditional medical ethics and theories of punishment (a tension which also arises in other contexts at the interface between medicine and punishment). From the perspective of retributive or communication/reform-based theories of punishment, it might seem unfair for parole boards to disregard willingness to participate in medical research, if the prisoner were motivated by altruistic considerations. This altruism might indicate that the prisoner “deserves” a shorter sentence or may be a sign that the prisoner has reformed. This chapter will consider whether/how this tension between traditional medical ethics and penal theories can be resolved. For example, if the medical research involves relatively safe interventions such as fish oil pills or transcranial direct current stimulation (tDCS), then the above-mentioned worries about prisoners’ ability to provide free consent may be less pressing than if the risks of side-effects were greater. Furthermore, the validity of consent also seems to depend partly on whether the prison conditions are humane or excessively harsh. In addition, problems also arise in this context from within penal theories. Ironically, transparency about what factors will be taken into account in decisions about early release, which would presumably be encouraged by communication/reform theories, could raise the possibility that the prisoner was motivated to participate in the research programme by a desire for early release rather than altruism, thus making it harder to determine whether participation is a genuine sign of reform. (shrink)

The focus of this article will be on inserting the words of older women in prison into debates on time, agency and gendered identities in total institutions. Specifically, the article will address the complexity and contradictions of the time of ‘a mediated real’, and how this impacts on embodied identities within prison timescapes. This will be explored through looking at how prison-time as a ‘somatic identity cipher’ functions performatively in the construction of older women’s identities. The article will also examine (...) how female elders in prison become agents and negotiate techniques of discipline. The role of prison-time will be shown to be simultaneously experienced as further punishment while also being resisted as we draw out the relationship between temporality, spaces of incarceration and identification. First, we will locate the field in terms of issues of theory and method. Then we will look at performativity, identity and time in negotiating, acquiescing to and resisting the identity ‘prisoner’. This will enable us to understand the role and meaning of time in relation to how females in prison are compelled to reiterate and negotiate the identity ‘prisoner’ within the discipline of ‘the time of incarceration’. We hope to demonstrate through the voices of the women that there is no single abstract imprisoned body. These are real bodies, fleshy, sensate bodies that experience real pain; at the same time, these bodies are not simply given but also interpreted, mediated and in part constituted in social and cultural meanings. This enables us to show that the body can be both a generator and receptor of meanings. (shrink)

While many connections can be drawn with some confidence between neoliberalism and penal policy and practice, it is difficult to support Loïc Wacquant’s attempt to render punitive penality integral to neoliberalism, and to regard both as being strategically exported from the US. Neoliberalism is a fluid and variable political formation, both over time and internationally, and is impossible to reduce to a few primary characteristics such as a specific penal policy. Correspondingly, neoliberal doctrines and regimes appear to be consistent with (...) many forms of penal policy other than punitive imprisonment. This is partly because of neoliberalism’s own variability, but also because of the impact of local conditions and the multiple ways through which penal policy may (or may not) be linked with particular political formations. Not only theoretically but also politically, Wacquant’s thesis remains of questionable strategic utility although evidently valuable in consciousness raising. (shrink)

The Institute of Medicine (IOM) Committee on Ethical Considerations for Revisions to DHHS Regulations for Protection of Prisoners Involved in Research published its report in 2006. It was charged with developing an ethical framework for the conduct of research with prisoners and identifying the safeguards and conditions necessary to ensure that research with prisoners is conducted ethically. The recommendations contained in the IOM report differ from current European regulations in several ways, some being more restrictive and some less so. For (...) example, the IOM report suggests limiting the percentage of prisoners that should be involved in a biomedical study to 50%, a limit that does not exist in Europe. However, the report does not specifically advise against research without a direct benefit to an individual prisoner: the European regulations are more restrictive than the IOM committee recommendations in this respect. The definition of minimal risk varies, as well as the proposed role of the minimal risk requirement and of the principle of subsidiarity (research that can only be done effectively in prisons). The IOM report proposes a number of thoughtful suggestions, which it would be beneficial to implement everywhere, such as registers of research on prisoners. The European regulations offer pragmatic solutions to several thorny issues. In summary, the IOM committee report represents an admirable effort to tackle the present inconsistencies and deficiencies of federal regulations in the US on research on prisoners (45 CFR 46 Subpart C). Nonetheless, before acting on the recommendations, US regulators might consider revisiting international guidelines such as those published by the Council for International Organizations of Medical Science (CIOMS) and the Declaration of Helsinki. (shrink)