Reconceptualizing multisectoral prison regulation: Voluntary organizations and bereaved families as regulators

Abstract

Prison health, prisoner safety and imprisonment rates matter: intrinsically and for health and safety outside. Existing prison regulation apparatuses (e.g. OPCAT) are extensive and hold unrealized potential to shape imprisonment. However, criminologists have not yet engaged much with this potential. In this article, I reconceptualize prison regulation by exploring the work of a broad range of multisectoral regulators who operate across stakeholder groups. I illustrate that voluntary organizations and families bereaved by prison suicide act as regulators, although their substantive actions have been erased from official narratives. Mobilizing (threats of) litigation, these actors have responsibilized the state and brought qualitative changes across the prison estate.

Prisoner death investigations: a means for improving safety in prisons and societies?

“…Prison safety matters and effective ombud institutions could stimulate improved prison safety (Tomczak 2021). Prison (un)safety is intrinsically concerning to anyone interested in their fellow citizens' social welfare and human rights (Liebling 2004, Rogan 2018.…”

“…(Inter)national law imposes obligations to investigate prisoner deaths (International Committee of the Red Cross/ICRC 2013, Rogan 2018). Prisoner death investigations create rich data which have been little utilised by academia, policy or practice (Tomczak 2018(Tomczak , 2021, but offer 'a starting point for much-needed analysis' into the quality of prison life, prison regimes (Liebling and Ludlow 2016, p. 238), prisoner (ill-)health and risks to societal health and safety. It is recognised that these investigations serve important functions in terms of providing an effective remedy for the next of kin, and holding those responsible accountable (ICRC 2013).…”

“…Current prison conditions in England and Wales pose risks to the health and wellbeing of prisoners, staff, prisoners' families (Ismail 2020) and societies (Tomczak 2021). Prison safety dramatically deteriorated from 2012, with increased levels of suicide, violence, self-harm, radicalisation and gang formation (Ismail 2019, Prison Reform Trust/PRT 2019.…”

“…It is particularly concerning that death investigations' harm reduction potential is unrealised because England and Wales' range of prison oversight bodies form comparators for elsewhere (van Zyl Smit 2010, Tomczak 2021). Yet, the UK's 'blueprint' oversight apparatuses have neither challenged high imprisonment rates (with Scotland, then England and Wales leading Western Europe (PRT 2019, p. 56)), nor addressed recent dramatic declines in prison safety.…”

“…Prison regulation is an enduring, essential 'counterweight to potential abuse of the special powers of the state' (Hood et al 1999, p. 116), made only more urgent by neoliberal carceral expansionism in many jurisdictions, the globally expanding prison population and the COVID-19 pandemic (Tomczak 2021). Regulation is concerned with improving performance by steering the flow of events and behaviour (Braithwaite et al 2007a), and holding key personnel responsible for it.…”