Penal harm refers to a form of punishment that posits that inmates should endure additional pain and suffering beyond just having their basic rights taken away. This concept encompasses a range of unpleasant and miserable conditions and injuries harsher than mere "deprivation of liberty". These are justified by a certain ideology regarding custodial sentences, which are mainly served in prison or a reformatory.
Overview
Proponents of penal harm state that the purpose is to prevent offending in order to stop further penal harm.
Traditional forms include:
- hard labor
- rationed, unappetizing or even unhealthy food
- various discomforts such as poor hygiene, small and overcrowded cells, hard bunks, insufficient protection against cold
- long isolation, even in a dark 'hole'
- sleep deprivation
- humiliating procedures such as strip searches
- prison rape
- denial of visits, correspondence and recreation.
Criticism
There is poor evidence to suggest that penal harm has a deterrent effect once an offender's imprisonment is over. this includes the denial of medicine for patients diagnosed with HIV/AIDS.
Penal harm can also arise unintentionally, as a result of understaffing, insufficient budget, or even legal considerations (such as delays deemed necessary for appeal procedures).
See also
- Extrajudicial punishment
- Prisoner abuse
- Prisoners' rights
- Law and order (politics)