‘The ‘Earned Privilege’ of Family Contact in Northern Ireland: Judicial Justifications of Prisoners’ Loss of Family Life’ (Dec 2008) The Howard Journal of Criminal Justice Vol 47 (5) 486-500

Alice Diver

Research output: Contribution to journalArticle

Abstract

Our ‘carceral society’ often conspires to effect a continuum of punishments far beyond that needed to extinguish ‘behaviour and bring about attitude change’ in offenders (Hudson 1993, p.32). Recent jurisprudence on family life during incarceration has inverted the concept of the right, framing it as ‘earned privilege’ and linking it to subjective notions of good behaviour.1 This has created a sub-category of the right, also diminishing its normative status. In many of the judgments referred to, judicial concern for public opinion seems to sideline the need to promote family life. This applies equally to Northern Ireland jurisprudence and to the international case-law to which domestic judiciaries look for guidance.
Original languageEnglish
Pages (from-to)486-500
JournalThe Howard Journal Of Criminal Justice
Volume47
Issue number5
DOIs
Publication statusAccepted/In press - 1 Jan 2008

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jurisprudence
prisoner
privilege
justice
contact
attitude change
case law
international law
public opinion
offender
penalty
Society

Cite this

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abstract = "Our ‘carceral society’ often conspires to effect a continuum of punishments far beyond that needed to extinguish ‘behaviour and bring about attitude change’ in offenders (Hudson 1993, p.32). Recent jurisprudence on family life during incarceration has inverted the concept of the right, framing it as ‘earned privilege’ and linking it to subjective notions of good behaviour.1 This has created a sub-category of the right, also diminishing its normative status. In many of the judgments referred to, judicial concern for public opinion seems to sideline the need to promote family life. This applies equally to Northern Ireland jurisprudence and to the international case-law to which domestic judiciaries look for guidance.",
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