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The ‘Earned Privilege’ of Family Contact in Northern Ireland: Judicial Justification of Prisoners’ Loss of Family Life

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Diver, Alice (2008) The ‘Earned Privilege’ of Family Contact in Northern Ireland: Judicial Justification of Prisoners’ Loss of Family Life. The Howard Journal Vol 47 No 5. December 2008 DOI: 10.1111/j.1468-2311.2008.00535.x, 47 (5). pp. 486-500. [Journal article]

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DOI: 10.1111/j.1468-2311.2008.00535.x

Abstract

Abstract: Our ‘carceral society’ often conspires to effect a continuum of punishments farbeyond that needed to extinguish ‘behaviour and bring about attitude change’ in offenders(Hudson 1993, p.32). Recent jurisprudence on family life during incarceration hasinverted the concept of the right, framing it as ‘earned privilege’ and linking it tosubjective notions of good behaviour.1 This has created a sub-category of the right, alsodiminishing its normative status. In many of the judgments referred to, judicial concernfor public opinion seems to sideline the need to promote family life. This applies equally toNorthern Ireland jurisprudence and to the international case-law to which domesticjudiciaries look for guidance.Keywords: prisoners’ rights to family life; domestic judiciaries’ interpretationof international jurisprudence; penal policy

Item Type:Journal article
Faculties and Schools:Faculty of Social Sciences
Faculty of Social Sciences > School of Law
ID Code:9362
Deposited By:Dr Alice Diver
Deposited On:26 Jan 2010 14:32
Last Modified:04 Oct 2013 09:10

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