Saturday 5 March 2011

Critically explore the impact of imprisonment on the families of prisoners








This essay will explore the pernicious effects on family members when loved ones fall victim to the excesses of criminal justice systems and are sent to prison.
 Today one often hears the term Every Child Matters. The Government has a stated provision to ensure that each and every child has the basic requisites to enjoy a happy and enriched childhood. Indeed it has published a Green Paper in 2003 outlining all the provisions for a childhood free from poverty and discrimination and insecurity.
Having sat on a school Governing Board I became very familiar with the expression that Every Child Matters. It was an ideal to which we all aspired to facilitate .Yet    there was an ominous undercurrent of duality; when a biometric system was introduced by us against the Learners wishes it was sabotaged by a disgruntled attendee who objected to the Orwellian implications of finger printing children! It seems apparent that the rights of children to a joyous childhood are not being considered within our Criminal Justice system either as record numbers of parents and children are currently incarcerated according to Home Office Statistics. The prison charity CLINKS has a campaign to Make Every Child Matter (MECM) to assist prisoner families.
What effects will enforced prison separation have on children deprived of their parent or parent deprived of their child? There are numerous deleterious consequences to be considered. Adverse psychological effects indisputably arise when a child experiences separation from a primary caregiver. These have been researched by Professor John Bowlby (1953; 1973) who studied the effect of separation of infants from their Mothers .The idea of maternal deprivation has gained much credence in psychological circles and has been posited as being a contributory factor to delinquency (Watson 1928: Harlow1955: Harlow & Zimmerman 1959; Rutter and Giller1983). Jailed Mothers in America cite separation from their children as the worst part of the sentence (Bloom et. al.2003).Baroness Corston feels that all women`s  prisons should be closed for such reasons.(Corston Report 2007). Frances Crook , Director of the Howard League for Penal Reform  is petitioning for removal of young women within the criminal justice system after six suicides in HMP Styal (Corston Report 2007) including a young girl who left her mother heartbroken.
The expression “affectionless sociopath” derived from Bowlby`s seminal work. The theory surmises that disruption of the emotional bonding process can lead to irrevocable consequences for the child and his or her behaviour later in life. The child who has endured the trauma of such separation may have difficulty in forming emotional attachments later to others and exhibit a lack of empathy that is said to be the hallmark of sociopathic or psychopathic behaviour (Cleckley 1976). If there are frequent changes and abandonment by successive carers then the outcome may be a damaged child who will forever feel insecure and unloved and in turn be unable to show any real affection to others according to this theory .There have been numerous deaths in custody (Dooley 1990), and deportation of foreign nationals to distant shores so sometimes this separation can become permanent (INQUEST Statistics).Therefore according to this stream of academic thought the act of separating a child from a parent may indirectly lead to a greater propensity for that child to become an offender in the future. Thus one can hypothesise that a vicious and detrimental cycle of offending behaviour is perpetuated through the generations as a result of imprisonment.  In a quasi biblical sense the sins of the Father are thus visited unto the sons.
Surely a legacy of damaged children is not the outcome that Michael Howard had in mind when he uttered the apocryphal aphorism Prison Works?  The Conservative Government of John Major aspired to imbue confidence into the electorate with tough rhetoric and policies on Law and Order at a time of rising crime levels (BCS statistics). This penal populism was designed to curry favour with the insecure electorate. One has to be cynical of politicians who manipulate the media in this nefarious way to clamour for a hard line response to those who cross the fine line into crime. How can this tough authoritarian approach possibly assist struggling families?
The term” Prison Works” has seminally given birth to a whole new generation of “What Works” offender studies in a seeming parody of the original expression. Michael Howard certainly made a lasting impact on the criminal justice system with this exhortation!  Subsequently record numbers were sentenced to prison. Today the prisons are full to capacity with nearly 84 thousand inmates (HM Prison statistics).
There can be little doubt however that prison does not work for the families of those incarcerated.
One of the deleterious consequences of penal retributivism is financial hardship for those family members left on the outside (Smith et al 2007). If the main breadwinner is locked up then a family will lose a substantial source of income. The remaining parent may be unable to work if they are undertaking the role of full time carer to young children. This could result in homelessness or severe child poverty (Smith et al 2007; the Joseph Rowntree Foundation), a condition that successive governments have each promised to eradicate (PACT 2001). Prison leads to severe poverty for families.
 In Swansea there is a family and friend support group called FFOPS. This organisation run by volunteers and ex prisoners provides a shoulder to cry on as well as lots of practical advice and help to family members who are struggling with the complexities of prison life such as access for wheelchair visits. Visits to distant prisons can be very difficult and costly for prisoner families and FFOPS give advice about travel to prisons and emotional support. Children may find such visits frightening rather than comforting; Prison is not a child friendly environment. Sometimes a parent arrives at Court believing they will not receive a custodial sentence and have made no practical preparations such as childcare beforehand. FFOPS can help in such situations by liaising with family and friends to assist the prisoner`s family and help them cope with the sudden shock and chaos in their lives.
 There may be problems with paying rent and housing that affect the family members left on the outside. In some cases both parents are sent to prison leaving teenagers to cope on their own.
 Another support group is Action for Prisoners Families (APF). They have shown that a family may lose their home and thousands of pounds a year in income as a result of imprisonment. This Government organisation offers an excellent series of publications with titles such as “My Dad is in prison” that are suitable for young children. Confused and frightened youngsters may exhibit behavioural problems such as nightmares and bed wetting. AFP has a stated vision to ensure that families are protected from discrimination and become involved in the prisoners progress. The sentencing Magistrate or Judge would be wise to heed the counsel that Every Child Matters when passing sentence in a Court of Law. They would be just and equitable to realise that their sentence may cause unnecessary suffering to children, some of whom may even have to be placed in care homes (Home Office Statistics). In poorer countries their families may even starve.
 There are some prisons such as HMP Bullingdon in Oxfordshire that offer anger management courses for prisoners. Each prisoner can receive a small payment of five pounds for attending. This will assist their impoverished families who often actually send money to prisoners. Disappointingly it was reported that prison guards were complaining about this small payment as if it were the height of extravagance (Fight club October 7 2010). Such incentives should work well according to Skinnerian conditioning theories, (Skinner 1972 ; Wolpe 1966) and cognitive behavioural approaches to offending (McGuire and Priestley 1995 McGuire 2000).Anger control lessons will also assist their families.
The current financial crisis has prompted the present Minister of Justice Kenneth Clarke to propose that inmates work full time and earn the minimum wage which is in the region of twelve thousand pounds a year (BBC News 5 Oct. 2010).The earnings would go towards the prisoners` upkeep as well as towards their families. It remains to be seen whether this latter promise would be kept as politicians have a history of reneging on their word. If families of prisoners were to receive some of these wages then it would be a most beneficial and provident policy. Somehow one intuitively senses that the prisoners earnings will all end up in the coffers of the cash strapped Ministry of Justice.
 It seems indisputable that prison should only be used as a last resort, if at all, when there are dependant family members involved. The only possible justification for such a sentence would be in cases where the offender poses a serious danger to the safety of others. In cases of domestic violence the removal of the offender from the family would clearly be a relief (Shaw 1991). Sometimes extremely dangerous offenders are best kept removed from their families in order to prevent a tragic crime.
 A case that springs to mind is that of Raoul Moat who became infamous for his killing spree as soon as he was released from prison this year. Clearly his incarceration did not have a beneficial effect upon his family and his spell inside certainly did not result in the steroid user becoming a well behaved and reformed member of society. Indeed it seems woefully apparent that the prison term resulted in extreme resentment and a brooding anger that sparked the catastrophic events that followed. When estranged from his family in prison Moat received the devastating news that his partner was seeing someone else; a supposed policeman! This is a situation that doubtless occurs frequently in prison life. He embarked on a shooting killing spree and was shot himself with an experimental taser known as the Xrep (Reuters, July13, 2010).
One may speculate that had Moat not been sent to prison in the first place and taking anabolic steroids inside prison which are proven to cause a syndrome known as `Roid  Rage (British Medical Journal,1996) the tragedy would never have occurred. It is widely reported that prison is rife with drug taking and there appears to be little difficulty for prisoners who wish to take drugs of any category. Clearly this culture of drug taking in prisons is not going to have a beneficial effect on a prisoner`s family. Sometimes a prisoner encounters illicit drugs for the very first time while serving a prison sentence (Green Paper Tackling Drugs Together).The justification for the Prison Works policy does not seem to hold up to critical scrutiny. A prisoner may emerge as a ghostly spectre of his former self after incarceration due to peer influenced drug taking and an unhealthy environment. This deterioration of body and mind will impact negatively on the family.
 Some studies have shown a link between a lack of Vitamin D and illnesses such as heart disease and even cancer. Although I am not aware of any research yet into the levels of prisoners Vitamin D one can safely surmise that they will be lower than those on the outside since the vitamin is mainly formed via sunlight falling on the skin. An excellent book by Dr. Damien Downing called Daylight Robbery (no pun intended) provides convincing evidence of the dangers of light deprivation If a prisoner becomes ill or even dies as a result of incarceration then clearly this will impact seriously upon the family.
 Currently a three year study is taking place in HMP Hindley, under the supervision of Professor John Stein with support from Natural Justice (Boseley 2008) a charity that looks into the causes of offending. If the hypothesis were to be proven that various nutritional supplements improve behaviour then this will surely benefit the prisoner and his family. One awaits the result of this double blind study with interest but somehow one cannot see how such a simplistic approach to offending could hold much water. Furthermore how many of the prisoners are really bad people whose behaviour needs to be improved by diet? Many have arrived in prison through misfortunes in the punitive criminal justice system, or through uptariffing and net widening (Reimann  1984 ; CCJS Report 2007).Some are unjustly incarcerated for their political ideologies, as in China, or on the basis of their ethnicity due to discrimination from (SUS) Stop and Search  Laws (Travis, 2010); causing their families untold pain. Amnesty International fights for the rights of these prisoners of conscience.
Prison overcrowding can lead to an increased likelihood of aggression and violence. Numerous psychological studies have demonstrated that crowding results in increased hostility and territoriality. One only has to recall how uncomfortable it is to be jostled and pushed in a bustling street to realise that the current prison situation must be intolerable. Many barbaric attacks occur in prison and this is hardly the environment to facilitate rehabilitation (Woolf 1991; Bottoms 1999). Human beings are fundamentally territorial and need to define their own space (Ardrey1966).This clearly is difficult in prisons and thus there is an increased risk of violence erupting inside (Bridges1996). The lasting psychological trauma of such vicious attacks, even rapes, impact harshly on family members (Johnson 1995).A family may become dysfunctional as a result. A school of thought believes that those who witness aggression may learn to copy such unacceptable behaviour via imitation or social learning (Bandura et. al 1963; Bandura1965).Thus a child may model himself on an incarcerated parent and become an offender in the future .
 The new Coalition Government wants to redress the problem of rising prison numbers by invoking a new culture of leniency in the criminal justice system. The last decades have seen a rapidly rising prison population due to Government policies such as mandatory minimum sentences and longer sentences (HM Prison statistics). The problem has been exacerbated by the prevailing sentencing culture of some Magistrates who have been swayed by whim and prejudice rather than the sword of justice. There has been a culture of meting out Indeterminate Sentences for Public Protection known as IPPs, and prisons are bursting at the seams (HM Prison service, 2010), and at what cost to their families?  The Sentencing Council has been ordered to change its sentencing guidelines to promote this pragmatic leniency (BBC News, 13 October 2010). Lord Justice Leveson, Chairman of the Sentencing Council wishes to see 7000 fewer prison sentences passed by next year as part of the “rehabilitation revolution” drive by Kenneth Clarke. Admittedly the aim of this benign policy may be to save the prison service millions of pounds in a time of drastic budgetary cuts .None the less the outcome of such cost cutting measures may be that fewer families suffer indirectly as a result of prison sentences.
 It was reported that Prison Governors are none too happy at this proposal to cut prison numbers. They fear that a proposed reduction of seven thousand inmates would result in prison closures and potential job losses. One hopes that many families of prisoners will benefit from the proposed changes, yet if the Prison Governors Association (PGA) has its way this may not happen. The executive of Victim Support, Owen Sharp was also quoted as saying “victims want sentences they feel are fair”. The ideals of reforming organisations such as the Howard League for Penal Reform, and the Corston Independent Funders Coalition, have many hurdles to surmount not least the PGA and Victim Support.
From a historical perspective the quest to protect families from the adverse effects of imprisonment can be traced to prison reformers such as John Howard and Quaker Elisabeth Fry. The shocking conditions of prisons in the eighteenth century led to the far reaching reforms instigated by John Howard and to the present Howard League of Penal Reform. Today the organisation is vibrant with enthusiasm from its student campaigning members. The Howard League had a pre-election campaign called Take Action 2010 which called for “less crime, safer communities, fewer people in prison” (The Howard, 2010 p.1). England and Wales lock up more children than any other country in Europe causing untold anguish to their families. If John Howard were alive today one can imagine how proud he would be at continued reform attempts bearing his name. Yet there are still children as young as ten behind bars in our current penal system causing suffering to grandparents, siblings, and non- nuclear extended family networks.
Children in custody are serving longer sentences (Sentencing statistics England and Wales 2007). The Chair of the Youth Justice Board  said that” twice as many children were locked up as a decade ago despite the fact that the British crime Survey recorded a 44 per cent  decline in crime” (Audit Commission 2006; Guardian, 25 October 2006) The pernicious effect on the family of child imprisonment is not hard to imagine. The use of victim offender reparative mediation or restorative justice (Dignan 1991; Hoyle 2009) and targeted probation projects based on cognitive behaviour therapy (Raynor & Vanstone 1994) is surely preferable to incarceration for the prisoner families.
  A ten year old child should be tucked up snugly in bed with her dolls and is surely doli incapax? The Law Lords have a lot to answer for when they decided to reduce the age of criminal responsibility to ten years of age in our country (Crime and Disorder Act 1998). In 1850 a ten year old boy was sent to prison for playing with his spinning top in a public place and annoying someone (Chesney 1970 p.31). This poignant anecdote immediately brings to mind the uncomfortable comparison with our present day penal system, where children are incarcerated, some of whom may be asylum seekers. This is manifestly unjust and very bad for their schooling and education. Asylum detention centres such as Campsfield are in effect prisons.
  Even as far back in time as 1850 it was soon agreed that the age of children to be summarily tried should be raised to sixteen (Prison Timelines).We seem to have regressed here.  The age of criminal responsibility should be raised to at least sixteen  as psychological studies have indicated that teenage brains are still maturing (Giedd  2005).Since young minds are not fully mature they should not be detained in custody according to neuro-cognitive research. Using MRI scanners researchers have demonstrated that there are measurable changes taking place in the frontal and parietal lobes of the teenage brain that have profound implications for criminal justice. These brain structures are responsible for executive self control. If these structures are still maturing it could partly explain teenage impulsive behaviour. This rewiring is not perfected until the late teens to early twenties (Sowell et al 1999). These empirical research findings could be used as a legitimate defence in a Court of Law for unruly teen behaviour. It is therefore profoundly wrong according to this research to give ASBO`S or incarcerate young offenders, causing untold damage to their families and future careers.
 In the nineteenth century there were many cases of whole families being locked up together in Debtors Prisons. These institutions for the poor were vividly described by the author Charles Dickens in works such as “Little Dorrit” in the Marshalsea..
One might hope that in this supposedly enlightened century of ours that debt would no longer be a crime deserving of incarceration. Surely the concept of debt meriting a custodial sentence must belong to the past? Sadly this is not strictly the case in the political economy of Late Modernity, (Cavadino and Dignan, 2006), and a society sadly still redolent with Capitalist values, (Engels, Marx 1848; Marx, 1904).
The title of Jeffrey Reiman`s 1984 critique “the rich get richer and the poor get prison” so eloquently sums up this attitude to the disadvantaged in our materialistic and hierarchical society.
Mothers have even been sent to Holloway prison for fines incurred as a result of not having a television licence.   An article in the Independent newspaper (Cohen 1994) revealed that 894 people had been jailed in the previous year for this offense resulting in criticism of the Home office and T.V, licensing authority. The very high fine imposed for this transgression is often beyond the means of poorer women. Being faced with the option of paying one thousand pounds or a short spell inside, many impoverished mothers are forced into the latter option (Pantazis & Gordon 1996) causing devastation to their families. Here is an example of how the criminal justice system is biased against the less affluent members of society. In other words the Dickensian days of Debtors prison are still with us today and causing untold suffering to countless families.
It is also shocking that women have been sent to prison whilst pregnant and have been forced to give birth while shackled to the delivery bed (Carlen & Tchaikovsky 1996). There are eight mother and baby units in prisons. Infants are cruelly wrenched from their mothers when they reach eighteen months. Childbirth is a time of the utmost vulnerability that may not be understood by a punitive masculine system. The patriarchal culture that has sanctioned this cruelty towards women and infants desperately needs attention and reform .One cannot underestimate the emotional pain of such abrupt infant separations. The long term repercussions and stigma of a prison sentence on the family is also enormous (Tosh 1982 ; Codd 2007).There are  around 150,000 children in England and Wales affected by this painful issue (Walker 2007) or 7% of all schoolchildren (Prison Reform Trust). Those who feel marginalised from society sense rejection by their peers. A child may have to endure taunts and mockery in the school playground when his peers discover that his parent is behind bars. In effect the child is suffering his own comparable sentence .These traumatic memories may persist throughout their lives (Liebling 2005).
There is also a danger of a state of passive resignation known as learned helplessness occurring. This behavioural phenomenon was discovered by Martin Seligman in his experiments with unrelenting stress. Much the same behaviour has been found in people who feel that they are not in control of their environment. Studies have shown they become demoralised to a point whereby they feel that nothing they do will ameliorate the predicament they are trapped in. They become apathetically resigned to their fate and simply give up trying to effect an improvement in their surroundings (Seligman 1975; 1977; Abramson et al. 1978 ; Abramson et al 1989). This is why families of prisoners need to be given the utmost support to avoid sinking into apathy and social exclusion (Murray 2007).These pernicious effects may be life long, a true life sentence in every sense of the words.
 This life long effect on the family can extend to the domain of future employment. Once a prisoner is released it will be much harder for he or she to re-enter the job market. Despite the euphemistic aims of the Rehabilitation of Offenders Act, 1974, many ex convicts are discriminated against in the jobs market. Employers routinely call for criminal records checks even when there is no real need for them. This is an issue that charitable organisations such as NACRO are presently trying to address, with the launch of their Change the Record Campaign (NACRO September 13 2010).
Much needs to be done in this area if the needs of prisoners` families are to be met.
Reintegration into society is crucial to the future well being of the family unit.  Social Inclusion Units aim to encourage strong family relationships to help prevent prisoners reoffending (Cabinet Office 2009).Inclusion Units believe that poverty results in prisoner family exclusion from group activities (Swansea Gov 2010) and therefore offer support. Such support groups are crucial to the well being of prisoner families. A well paid job will enhance the prospects of the family staying together as divorce is often a consequence of incarceration both during the sentence and after release according to Action for Prisoners Family support group (APF).
 APF feel that an empirically based research strategy needs to be implemented as a foundation for the edifice of prisoner family support (Browne 2005). The support group (APF) is looking for research that will achieve best policy and best practice with the aim to reduce recidivism. Two thirds reoffend after release indicating the prison regime does not work. This is why a commodification of crime-control, a payment-by-results, a “rehabilitation  revolution” is the latest trend with the Ministry of Justice (eg the Diamond Project 2010).
 However the problems families face within the criminal justice system are not just confined to our shores. In 2003 a controversial Extradition Treaty became law enabling the removal of British citizens to face justice elsewhere. This clearly would cause a great deal of suffering to families and there has been a high profile case involving a devoted campaigning mother and her son, Gary McKinnon. Gary suffers from Aspergers Disorder (AD).  His only crime was to demonstrate the flaws in the U. S. military computer system by successfully hacking into it while searching for evidence of alien life! (Boyd 2008). This intelligent, autistic man may be condemned to sixty years in a harsh American jail if he is extradited. He will be apart from his Mother who cares for him and she is deeply distressed. Many legal experts feel that this Treaty is inherently prejudicial and one sided and should be reviewed. Campaign groups such as Liberty are concerned about the Human rights implications of this case. Shami Chakrabarti is the Director of Liberty. She also campaigned against Habeas Corpus and detention without charge for 42 days in 2008 with David Davis in the Haltemprice by election (BBC News, 9 July 2008).They argued that if innocent people were locked up for six weeks as suspected terrorists they could lose their homes if the mortgage was not paid causing a family schism. Most detainees are subsequently exonerated. The stigma by association that families of serious offenders endure has been thoroughly described in an excellent study by Rachel Condry (2007) with the now disbanded Aftermath Project.
There is usually an assumption that a prisoner is guilty despite the fact that miscarriages of justice occur. Such “rough justice” causes untold distress to families. A recent world wide political and media furore erupted following the plea for clemency from the children of an Iranian prisoner, Sakineh Ashtiani. Her children wrote to the press in a frantic bid to save their Mother from being stoned to death after a trumped up charge of adultery (Black & Kamali 2010). There seems to be little evidential basis against this widow and the actual convicted killer of her husband has been released. It seems that she has become a scapegoat for the crime purely because she is a woman. Her teenage children are suffering because of the misogynistic zeitgeist in the Iranian criminal justice system. The Sharia Law system believes in an “eye for an eye” and blood thirsty revenge; especially against women (Women Against Sharia 2010) This comparative example gives us a small snapshot of the immeasurable suffering experienced by countless families all over the world when their loved ones are imprisoned without due process, and concludes this analysis of the suffering of prisoner families. In an ideal world such familial suffering would be considered by those passing sentence.                        

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