Susan Easton - Prisoners Rights: Principles and Practice

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Prisoners Rights

Prisoners Rights: Principles and Practice considers prisoners rights from socio-legal and philosophical perspectives, and assesses the advantages and problems of a rights-based approach to imprisonment. At a time of record levels of imprisonment and projected future expansion of the prison population, this work is timely.

The discussion in this book is not confined to a formal legal analysis, although it does include discussion of the developing jurisprudence on prisoners rights. It offers a socio-legal rather than a purely black letter approach, and focuses on the experience of imprisonment. It draws on perspectives from a range of disciplines to illuminate how prisoners rights operate in practice. The text also contributes to debates on imprisonment and citizenship, the treatment of women prisoners and social exclusion.

This book will be of interest to both undergraduate and postgraduate students of penology and criminal justice, as well as professionals working within the penal system.

Susan Easton is Reader at Brunel Law School

Prisoners Rights

Principles and practice

Susan Easton

First published 2011
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group,
an informa business

2011 Susan Easton

The right of Susan Easton to be identified as author of this work has
been asserted by her in accordance with the Copyright, Designs and
Patent Act 1988.

Printed and bound in Great Britain by CPI Antony Rowe, Chippenham,
Wiltshire

All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval
system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloguing in Publication Data
A catalog record for this book has been requested

ISBN: 978-1-84392-809-6 (hbk)
ISBN: 978-1-84392-808-9 (pbk)
ISBN: 978-0-203-82968-4 (ebk)

For Byron, Clarence, Cleo, Crosbie and Bosun

Contents

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Acknowledgements

Some of the formative ideas in this book developed from previously published articles. This book includes material from these articles although the arguments have been developed in the light of recent changes. I am grateful to the publishers, John Wiley, Taylor & Francis and Sage for permission to use material from the following articles: Susan Easton (2006) Electing the electorate: the problem of prisoner disenfranchisement, Modern Law Review 69 (3) 44352, published by John Wiley (http://eu.wiley.com); Susan Easton (2008) Constructing citizenship: making room for prisoners rights, Journal of Social Welfare and Family Law , 30: 2, 12746 published by Taylor & Francis (http://www.informaworld.com) and Susan Easton The prisoners right to vote and civic responsibility, Probation Journal (2009) 56(6) 22437, published by Sage (http://online.sagepub.com).

Some of these ideas were also presented in papers given to the Criminal Justice Research Group at Brunel University and to the Sentencing and Punishment stream at the Socio-Legal Studies Association Annual Conferences in 2007 and 2010. I am grateful to participants for their comments and especially to my colleague, Christine Piper, with whom I have had many stimulating discussions on some of the issues raised in this book. I have also benefited from the positive contributions of students on our sentencing and penology course and from my experience of teaching in prisons. I would also like to thank the anonymous reviewers of the original proposal for their suggestions and the staff at Willan and Routledge for their assistance.

July 2010

Table of cases

A and others v UK Application No. 3455/05 (19 February 2009)

AB v the Netherlands (2003) 37 EHRR

Abdulaziz, Cabales and Balkandali v UK (1985) 7 EHRR 471

Aerts v Belgium (1998) 29 EHRR 50

Akkoc v Turkey Application No. 22948/93 (10 October 2000)

Aksoy v Turkey Application No. 21987/93 (18 December 1996)

Alexander v Home Office [1988] 2 All ER 118

Al-Skeini and others v Secretary of State for Defence [2007] UKHL 26

Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 233

Atkins v Virginia 536 US 304 (2002)

August and another v Electoral Commission and others (1999) (3) SA 1 (CC)

Babushkin v Russia Application No 67253/01 (18 October 2007)

Bailey v Baronian , 120 R.I. 394, A.2d 1338 (1978)

Baker v Chapman No. 03-CV-2008-900749.00 (2008)

Baybasin v the Netherlands Application No. 13600/02 (6 July 2006)

Baze v Rees 553 US 35 (2008)

Becker v Home Office (1972) 2 QB 407

Belgian Linguistic Case (197980) 1 EHRR 252

Bell v Wolfish 441 US 520 (1979)

Benjamin and Wilson v UK Application No. 28212/95 (26 September 2002)

Blackstock v UK Application No. 9152/00 (21 June 2005)

Block v Rutherford 468 US 576 (1984)

Boumediene v Bush 553 US 723 (2008)

Bounds v Smith 430 US 817 (1977)

Bowring v Godwin 551 F. 2d 44 (4th Cir. 1977)

Boyle and Rice v UK [1988] 10 EHRR 425

Broom v Secretary of State for the Home Department (2002) EWHC 2401

Brown v Board of Education 347 US 483 (1954)

Campbell and Fell v UK (1984) 7 EHRR 165

Campbell v UK Application No. 13590/88 (25 March 1992)

CF v Secretary of State for the Home Department [2004] EWHC 111 (Fam)

Christian Legal Society v Martinez No. 081371 (28 June 2010) 210

Clement v California Department of Corrections 220 F. Supp. 2d 1098 (N.D.Cal. 2002)

Coffin v Reichard, 143 F. 2d 443 (6th Cir. 1944)

Coleman v Schwarzenegger US District Court, No. Civ. S-90-0520 (4 August 2009)

Connors v UK (2004) Application No. 66746/01 (27 May 2004) 179

Cooper v Pate 378 US 546 (1964) 37, 39, 989, 209

Cruz v Beto 405 US 319 (1972) 209

Cullen v Chief Constable of the Royal Ulster Constabulary (2003) UKHL 39 31

Curley v UK Application No. 32406/96 (28 March 2000) 120

DB [2007] CSOH 73 215

Delazarus v UK Application No. 17525/90 (16 February 1993) 68, 76

Denmark, Norway, Sweden and the Netherlands v Greece (Greek case) Application Nos. 3321/67; 3322/67; 3323/67; 3344/67 (1969) 12 YB 1 75, 254

DH v Czech Republic Application No. 57325/00 (7 February 2006) 179

Dickson v UK Application No. 44362/04 (4 December 2007) 65, 1658, 245, 254

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