Balancing Legitimacy, Exceptionality and Accountability: On Foreign-national Offenders' Reluctance to Engage in Anti-deportation Campaigns in the UK

Hasselberg, Inês

doi:10.1080/1369183x.2014.957173

Cited by 20 publications

(19 citation statements)

References 41 publications

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“…Citizenship was also what made their counterparts exempt from the British state's deportation power. Whereas the difference in rights and entitlements available to formal citizens versus long-term legal residents are, in practice, negligible (Gibney, 2013;Hasselberg, 2015), in the event of a criminal conviction, the distinction of citizenship is immensely important. In fact, at HMP Huntercombe, prisoners felt less defined in relation to their own citizenship than to that which they did not have: British citizenship (see also Bosworth et al, 2016).…”

Section: Rethinking British Penalitymentioning

confidence: 99%

From prison to detention: The carceral trajectories of foreign-national prisoners in the United Kingdom

Turnbull

Hasselberg

2016

Punishment & Society

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Abstract:The United Kingdom (UK) has taken an increasingly punitive stance towards 'foreign criminals' using law and policy to pave the way for their expulsion from the country. Imprisonment, then, becomes the first stage in a complex process intertwining identity, belonging and punishment. We draw here on research data from two projects to understand the carceral trajectories of foreignnational offenders in the UK. We consider the lived experiences of male foreign-nationals in two sites: prison and immigration detention. The narratives presented show how imprisonment and detention coalesce within the deportation regime as a 'double punishment', one that is highly racialised and gendered. We argue that the UK's increasingly punitive response to foreign-national offenders challenges the traditional purposes of punishment by sidestepping prisoners' rehabilitative efforts and denying 'second chances' while enacting permanent exclusion through bans on re-entry.

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Section: Rethinking British Penalitymentioning

confidence: 99%

From prison to detention: The carceral trajectories of foreign-national prisoners in the United Kingdom

Turnbull

Hasselberg

2016

Punishment & Society

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“…Foreign national offenders facing removal are less likely to engage in public or collective political protest due to the perceived futility of doing so in light of government priorities and a lack of public sympathy [8]. There remains, however, evidence of individual acts of 'resistance and contestation' ( [8] at 568) from within the prison through the destruction of documentation, self-harm, suicide and hunger-strikes.…”

Section: Prisoner Protest?mentioning

confidence: 99%

“…There remains, however, evidence of individual acts of 'resistance and contestation' ( [8] at 568) from within the prison through the destruction of documentation, self-harm, suicide and hunger-strikes.…”

Section: Prisoner Protest?mentioning

confidence: 99%

“…Recently, the mandatory process for the removal of nonEuropean offenders has become activated by convictions for less serious crimes and following the imposition of shorter sentences [7]. As Hasselberg notes 'deportation complies with public expectations and electoral politics, it assures the voting public that the problem has been identified and is being addressed by state authorities' ( [8] at 565). New penology therefore focuses on the control and expulsion of categories of persons through punishment [5,9].…”

Section: The Emergence Of Prisons For Foreign Nationals Without Leavementioning

confidence: 99%

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The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

Mulgrew

2017

Crime Law Soc Change

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In several European countries, prisons have been created solely to house foreign national prisoners without leave to remain. Contrary to contemporary international human rights law and standards on prison management, there seems to be a trend towards the disapplication of rehabilitative theory and practice for this group of prisoners. In particular, they do not seem to receive the same preparation for release and reintegrative support as other prisoners. This paper explores the role international standards and oversight bodies have in upholding rehabilitation as the foundational objective for prison management in foreign national only prisons. It outlines the changes to the prison estate, policy and regime that have resulted from the increasing focus on removal within both the prison and penal process. The consequences of the disapplication of rehabilitation for prisons, prison officers, prisoners and society itself are analysed before the paper moves to examine the role oversight bodies could and should play in the protection of the rights of this vulnerable category of prisoner and the primacy that should be accorded to rehabilitative theory and practice. It concludes by asking whether such standards and oversight have inverted the panopticon by placing the trigger for international reactions in the hands of prisoners and NGOs.

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“…They also affect how we study prison. As growing numbers of the prison population face deportation at the end of their sentence (Gibney, 2013), traditional concepts of prison sociology -decency, legitimacy, rehabilitation, even punishment -look and feel different (see, for instance, Hasselberg, 2015). At times these concepts may no longer apply.…”

Section: Citizenship and Criminologymentioning

confidence: 99%

Punishment, citizenship and identity: An Introduction

Bosworth

Hasselberg

Turnbull

2016

Criminology & Criminal Justice

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This collection of articles addresses the interconnections between punishment, citizenship and identity. As immigration and crime control measures have intersected, prisons in a number of countries have ended up housing a growing population of foreign-national offenders and immigration detainees. It is somewhat surprising that criminologists have traditionally spent so little time exploring the relationship between the prison and national identity. With notable exceptions, scholars almost universally treat the prison as an institution bounded by and within the nationstate. This special issue seeks to disrupt that convention of prison studies and criminology more broadly. Focusing on the incarceration of foreign-nationals in diverse contexts, the contributions to this issue collectively argue that the prison is a projection of national sovereignty and an expression of state power. It is also a concrete space where global inequalities play out. When considered through the lens of citizenship, our understanding of imprisonment shifts to include other geographical sites both within the nation-state and elsewhere, the prison's intersections with other legal frameworks, and enduring matters of race, gender and class. The contributions capture these dimensions by weaving together policy analysis and first-hand narratives from around the world.

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Balancing Legitimacy, Exceptionality and Accountability: On Foreign-national Offenders' Reluctance to Engage in Anti-deportation Campaigns in the UK

Cited by 20 publications

References 41 publications

From prison to detention: The carceral trajectories of foreign-national prisoners in the United Kingdom

From prison to detention: The carceral trajectories of foreign-national prisoners in the United Kingdom

The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

Punishment, citizenship and identity: An Introduction

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