Penal harm

Penal harm, an intentionally harsher punishment than "deprivation of liberty", is a range of unpleasant and miserable conditions and injuries justified by a certain ideology custodial sentences (mainly in prison or reformatory), inmates should endure additional pain and suffering, not just having their basic rights taken away, to make the punishment deliberately harder.[1][2][3]

Not to be confused with Penile fracture.

While proponents of judicial harm claim this improves the desirable deterrent effect of detention (this despite the facts first-time offenders are often entirely unaware of prison conditions, many crimes are not premeditated or carried out with deliberative thought that considers being caught and punished), it does form a controversial appendage of a body of theory known as retribution; its perception as cruelty rather than justice may endanger both internal security and prospects for rehabilitation and goes against the humane ideal of most human rights advocates, possibly qualifying legally as inhumane punishment, an infringement on human rights under the UN rules.

Although internal punishments, imposed by prison authorities, are not strictly penal harm as such, since they are not independent from the convict's behavior, arbitrary application and choice of cruel modes, including corporal punishment (in South East Asian countries this can include the dreaded rattan caning), perfectly fit the rationale.

Traditional forms include:

In the 1990s and 2000s, penal harm has taken (among other things) the form of poor health care for inmates;[4][5] this includes the denial of medicine for patients diagnosed with HIV/AIDS.[5][6]

It must be pointed out that many of the physical harms can't also arise accidentally, as a result of understaffing, insufficient budget, or even legal considerations (such as delays deemed necessary for appeal procedures).

See also

References
  1. Harm in American Penology: Offenders, Victims, and Their Communities - Todd R. Clear - Google Boeken. Books.google.com. November 22, 1994. Retrieved September 7, 2013.
  2. Vaughn, MS (March 25, 2013). "Penal harm medicine: state tort remedies for delaying and denying health care to prisoners". Crime Law Soc Change. 31: 273–302. PMID 16506338.
  3. "NCJRS Abstract - National Criminal Justice Reference Service". Ncjrs.gov. Retrieved September 7, 2013.
  4. Maeve, Katherine M., and Michael S. Vaughn. "Nursing with prisoners: The practice of caring, forensic nursing or penal harm nursing?." Advances in Nursing Science 24.2 (2001): 47-64.
  5. Vaughn, Michael S.; Smith, Linda G. (1999). "Practicing penal harm medicine in the United States: Prisoners' voices from jail". Justice Quarterly. 16 (1): 175–231. doi:10.1080/07418829900094101.
  6. Michael Welch (June 8, 2004). Ironies of Imprisonment. SAGE Publications. ISBN 978-1-4522-3739-8.
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