Rethinking Prison Disciplinary ProcessesCitation formats

  • Authors:
  • Michelle Butler
  • Shadd Maruna

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Rethinking Prison Disciplinary Processes : A Potential Future for Restorative Justice. / Butler, Michelle; Maruna, Shadd.

In: Victims and Offenders, Vol. 11, No. 1, 02.01.2016, p. 126-148.

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Butler, Michelle ; Maruna, Shadd. / Rethinking Prison Disciplinary Processes : A Potential Future for Restorative Justice. In: Victims and Offenders. 2016 ; Vol. 11, No. 1. pp. 126-148.

Bibtex

@article{272740ea03e1400e9cd9670569140d25,
title = "Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice",
abstract = "The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offenses into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This article presents findings from a study of prison discipline in four U.K. prisons. The findings strongly suggest that in their current form such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modeled after the adversarial system of the criminal court, the adjudications were instead universally derided as “kangaroo courts” lacking the basic elements of procedural justice. Based on these findings, we argue that RJ interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.",
keywords = "legitimacy, prison discipline, prison misconduct, procedural justice, restorative justice",
author = "Michelle Butler and Shadd Maruna",
year = "2016",
month = "1",
day = "2",
doi = "10.1080/15564886.2015.1117997",
language = "English",
volume = "11",
pages = "126--148",
journal = "Victims and Offenders",
issn = "1556-4886",
publisher = "Taylor & Francis",
number = "1",

}

RIS

TY - JOUR

T1 - Rethinking Prison Disciplinary Processes

T2 - A Potential Future for Restorative Justice

AU - Butler, Michelle

AU - Maruna, Shadd

PY - 2016/1/2

Y1 - 2016/1/2

N2 - The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offenses into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This article presents findings from a study of prison discipline in four U.K. prisons. The findings strongly suggest that in their current form such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modeled after the adversarial system of the criminal court, the adjudications were instead universally derided as “kangaroo courts” lacking the basic elements of procedural justice. Based on these findings, we argue that RJ interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.

AB - The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offenses into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This article presents findings from a study of prison discipline in four U.K. prisons. The findings strongly suggest that in their current form such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modeled after the adversarial system of the criminal court, the adjudications were instead universally derided as “kangaroo courts” lacking the basic elements of procedural justice. Based on these findings, we argue that RJ interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.

KW - legitimacy

KW - prison discipline

KW - prison misconduct

KW - procedural justice

KW - restorative justice

UR - http://www.scopus.com/inward/record.url?scp=84961216522&partnerID=8YFLogxK

U2 - 10.1080/15564886.2015.1117997

DO - 10.1080/15564886.2015.1117997

M3 - Article

AN - SCOPUS:84961216522

VL - 11

SP - 126

EP - 148

JO - Victims and Offenders

JF - Victims and Offenders

SN - 1556-4886

IS - 1

ER -