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Royal Commission into New South Wales Prisons

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A prison , also known as a jail , gaol , penitentiary , detention center , correction center , correctional facility , remand center , hoosegow , and slammer , is a facility where people are imprisoned against their will under the authority of the state , generally as punishment for various crimes . Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial ; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.

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96-648: The Royal Commission into New South Wales Prisons , also known as the Nagle Royal Commission , was established in 1976 to inquire into the management of prisons in the State of New South Wales , Australia . The commission was headed by Supreme Court Justice John Flood Nagle . Nagle's report, handed down in 1978, described "an inefficient Department administering antiquated and disgraceful gaols; untrained and sometimes ignorant prison officers, resentful, intransigent and incapable of performing their tasks." The first of

192-538: A petrol bomb into the prison chapel, sparking a riot. Officers responded with gunfire and, having regained control of the prison, proceeded to inflict retaliatory beatings on the inmates. More than 50 inmates were injured during the riot and its aftermath, and one was paralysed by a bullet lodged in his spine. In his report, Nagle noted that the Superintendent at Bathurst had also led reprisal beatings against protesting prisoners in 1970. The Department had been aware of

288-406: A prison uniform . The levels of security within a prison system are categorized differently around the world, but tend to follow a distinct pattern. At one end of the spectrum are the most secure facilities ("maximum security"), which typically hold prisoners that are considered dangerous, disruptive or likely to try to escape. Furthermore, in recent times, supermax prisons have been created where

384-527: A "jail". The use of prisons can be traced back to the rise of the state as a form of social organization. Some Ancient Greek philosophers, such as Plato , began to develop ideas of using punishment to reform offenders instead of for retribution. Imprisonment as a penalty was used commonly for those who could not afford to pay their fines. Eventually, since impoverished Athenians could not pay their fines, leading to indefinite periods of imprisonment, time limits were set instead. The prison in ancient Athens

480-434: A 1973 working party had each produced recommendations that had yet to be fully implemented. Yet despite the deplorable conditions these inquiries had uncovered, public support for the prison system remained strong. A McNair Anderson opinion poll conducted in 1976 found that 40 per cent of NSW residents felt prison conditions were "about what they should be"; a further 29 per cent thought they were "too lenient". Grafton Gaol

576-697: A consultant. The commissioners were directed to "inquire into and report upon the general working of the Department of Corrective Services of New South Wales , its policies, facilities and practices in the light of contemporary penal practice and knowledge of crime and its causes ." They were asked to specifically consider the relationship between staff and prisoners, as well as the selection and training of prison officers, and to provide recommendations for legislative change. The commissioners initiated preliminary hearings two weeks later. The Liberals lost power in May 1976, and

672-549: A convicted criminal to reoffend, known as the rate of recidivism, is unusually high for those with the most serious disorders. Analysis of data in 2000 from several forensic hospitals in California, New York and Oregon found that with treatment the rate of recidivism was "much lower" than for untreated mentally ill offenders. Some prisons provide educational programs for inmates that can include basic literacy, secondary education, or even college education. Prisoners seek education for

768-537: A decentralized "campus" pattern. A small number of prison officers, sometimes a single officer, supervise each pod. The pods contain tiers of cells arranged around a central control station or desk from which a single officer can monitor all the cells and the entire pod, control cell doors and communicate with the rest of the prison. Pods may be designed for high-security "indirect supervision", in which officers in segregated and sealed control booths monitor smaller numbers of prisoners confined to their cells. An alternative

864-512: A form of rehabilitation or moral reform , was based on religious ideas that equated crime with sin, and saw prisons as a place to instruct prisoners in Christian morality, obedience and proper behavior. These later reformers believed that prisons could be constructed as humane institutions of moral instruction, and that prisoners' behavior could be "corrected" so that when they were released, they would be model members of society. The concept of

960-625: A half years at the helm of the State's prison system. For the next year, the Department was led first by Department of Justice Secretary Les Downs, then Assistant Commissioner Noel Day. The Government accepted Nagle's view that the Department was too complex to be run by a single individual, and took up his suggestion of a five-person commission. On 19 March 1979, it appointed Vinson as chief commissioner alongside Day, Arnold Bailey, Dr John Ellard and Frank Hayes. Vinson resigned less than three years later, forced out by union opposition to his reforms and

1056-547: A healthy diet and reasonable living conditions. The prison reform charity, the Howard League for Penal Reform , was established in 1866 by his admirers. Following Howard's agitation, the Penitentiary Act was passed in 1779. This introduced solitary confinement, religious instruction, a labor regime, and proposed two state penitentiaries (one for men and one for women). However, these were never built due to disagreements in

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1152-425: A holding state until trial or hanging, was at the time revolutionary. His views influenced the establishment of the first prisons used as criminal rehabilitation centers. At a time when the implementation of capital punishment for a variety of relatively trivial offenses was on the decline, the notion of incarceration as a form of punishment and correction held great appeal to reform-minded thinkers and politicians. In

1248-483: A lack of support from the Wran Government. Within 10 years, the five-person commission had been abandoned in favour of a single commissioner once more. Though he went to some trouble to excoriate McGeechan, Nagle was more forgiving of his subordinates. The report named dozens of officers implicated in violence, dishonesty, corruption and incompetence. Of the union's excuse that its members were simply following orders,

1344-455: A large institutional kitchen. There are many security considerations, however, that are unique to the prison dining environment. For instance, cutlery equipment must be very carefully monitored and accounted for at all times, and the layout of prison kitchens must be designed in a way that allows staff to observe activity of the kitchen staff (who are usually prisoners). The quality of kitchen equipment varies from prison to prison, depending on when

1440-609: A longer-term alternative to the death penalty, which could theoretically be imposed for the growing number of offenses in Britain. The substantial expansion of transportation was the first major innovation in eighteenth-century British penal practice. Transportation to America was abruptly suspended by the Criminal Law Act 1776 (16 Geo. 3 c.43) with the start of the American Rebellion . While sentencing to transportation continued,

1536-574: A newly built prison could be used to decant one of the older gaols, allowing for its upgrade. Nagle called for the Department to take over the Cumberland Hospital site at North Parramatta , and to proceed with a major expansion of the Bathurst complex. The first of these plans never eventuated; the Government closed Parramatta Gaol altogether in 1999, although the nearby former Parramatta Girls Home

1632-431: A particular focus on the events at Bathurst and Grafton. The document also contained an extensive review of the literature on criminology and prison administration. In setting out an agenda for reform, Nagle articulated five principles: In all, Nagle made more than 250 general recommendations, of which he considered seven most important: The other recommendations included: Tony Vinson , who replaced McGeechan as head of

1728-497: A prison depends upon factors such as the size of the prison, how many inmates the prison has, and how much funding the prison gets. Staff may include: Prisons are normally surrounded by fencing, walls, earthworks, geographical features, or other barriers to prevent escape. Multiple barriers, concertina wire , electrified fencing , secured and defensible main gates, armed guard towers , security lighting, motion sensors , dogs and roving patrols may all also be present depending on

1824-613: A significant role in helping prisoners reorient their lives and become successful after reentry. Many prisons also provide a library where prisoners can check out books, or do legal research for their cases. Often these libraries are very small, consisting of a few shelves of books. In some countries, such as the United States, drastic budget cuts have resulted in many prison libraries being shut down. Meanwhile, many nations that have historically lacked prison libraries are starting to develop them. Prison libraries can dramatically improve

1920-487: A signifier of who possessed power or authority over others. Another common punishment was sentencing people to galley slavery , which involved chaining prisoners together in the bottoms of ships and forcing them to row on naval or merchant vessels. The French philosopher Michel Foucault , especially his book Discipline and Punish: The Birth of the Prison (1975), energized the historical study of prisons and their role in

2016-636: A variety of names. "Prison" is officially used for some facilities in South Australia , Victoria and Western Australia . Youth prisons in Australia are referred to as "youth correctional facilities" or "youth detention centres" among other names, depending on the jurisdiction. In Canada , while the terms "jail" and "prison" are commonly used in speech, officially named facilities use "facility", "correctional centre", "penitentiary", or "institution". A number of facilities retain their historical designation as

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2112-859: A variety of reasons, including the development of skills for after release, personal enrichment and curiosity, finding something to fill their time, or trying to please prison staff (which can often secure early release for good behavior). However, the educational needs of prisoners often come into conflict with the security concerns of prison staff and with a public that wants to be "tough on crime" (and thus supports denying prisoners access to education). Whatever their reasons for participating in educational programs, prison populations tend to have very low literacy rates and lack of basic mathematical skills, and many have not completed secondary education. This lack of basic education severely limits their employment opportunities outside of prison, leading to high rates of recidivism, and research has shown that prison education can play

2208-635: Is "direct supervision", in which officers work within the pod and directly interact with and supervise prisoners, who may spend the day outside their cells in a central "dayroom" on the floor of the pod. Movement in or out of the pod to and from exercise yards, work assignments or medical appointments can be restricted to individual pods at designated times and is generally centrally controlled. Goods and services, such as meals, laundry, commissary , educational materials, religious services and medical care can increasingly be brought to individual pods or cells as well. Some modern prisons may exclude certain inmates from

2304-518: Is due to multiple factors including females being convicted of less severe offences, and being less likely to be convicted of violent offences, in comparison to males, and due to female prisoners being less likely to be violent than male prisoners. Modern prisons often hold hundreds or thousands of inmates, and must have facilities onsite to meet most of their needs, including dietary, health, fitness, education, religious practices, entertainment, and many others. Conditions in prisons vary widely around

2400-525: Is widely understood and more common in usage. In Australia , the words "gaol", "jail" and "prison" are commonly used. The spelling "gaol" was in official use in the past, and many historical gaols are now tourist attractions, such as the Maitland Gaol . Officially, the term "correctional centre" is used for almost all prisons in New South Wales and Queensland , while other states and territories use

2496-684: The American Library Association published Standards for Library Services for the Incarcerated or Detained. Leon Radzinowicz Sir Leon Radzinowicz , QC (Hon) , FBA (15 August 1906 – 29 December 1999) was a criminologist and academic. He was the founding director of the Institute of Criminology at the Faculty of Law at the University of Cambridge . Radzinowicz

2592-805: The Council for Civil Liberties , the Penal Reform Council, the Aboriginal Legal Service , Women Behind Bars and the Prisoners Action Group . Prisoners were represented by two lawyers, Merv Rutherford and I.L. Dodd. For the first 10 months, the commission's hearings focused almost exclusively on Bathurst. Prisoners, prison officers, departmental officials and the PSA all testified. On 1 February 1977, Nagle indicated that future hearings would consider other matters. These included violence at Grafton Gaol,

2688-598: The Polish Ministry of Justice to study the English legal system . During World War II , Radzinowicz established the Department of Criminal Science in the Faculty of Law at the University of Cambridge . From 1949 to 1959, Radzinowicz was Director of the Department of Criminal Science, University of Cambridge. In 1959, he founded the Institute of Criminology at the Faculty of Law, University of Cambridge. In 1959, he became

2784-535: The 17th century in Russia , in remote underpopulated areas of Siberia and the Russian Far East , that had few towns or food sources. Siberia quickly gained its fearful connotation of punishment. John Howard was one of the most notable early prison reformers . After having visited several hundred prisons across Great Britain and Europe, in his capacity as high sheriff of Bedfordshire , he published The State of

2880-547: The 19th century would see the first movement toward prison reform , and by the 1810s, the first state prisons and correctional facilities were built, thereby inaugurating the modern prison facilities available today. France also sent criminals to overseas penal colonies, including Louisiana , in the early 18th century. Penal colonies in French Guiana operated until 1952, such as the notable Devil's Island ( Île du Diable ). Katorga prisons were harsh work camps established in

2976-539: The Department of Corrective Services, remarked that prison administrators the world over "invariably know of and allude to the Nagle Report as an important benchmark." NSW was undergoing a period of rapid social liberalisation around the time of Nagle's commission. Vice offences, which had earlier contributed significantly to the prison population, were being punished less severely – or not at all. Under Askin, restrictions on off-track betting had begun to be relaxed with

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3072-534: The Department; the prison officers' union, the Public Service Association (PSA); current and former inmates; and members of the public. Hearings were conducted in an adversarial manner, with Counsel Assisting the commission, David Hunt , examining Departmental staff, current and former inmates, and other witnesses. Both the Department and, were represented by counsel at the commission's hearings. Five civil-society groups were also given leave to appear:

3168-798: The Nagle report was Parklea Correctional Centre , completed in 1983. Though designed to honour the commission's findings, it too was plagued by problems. Prison Prisons can also be used as a tool for political repression by authoritarian regimes who detain perceived opponents for political crimes , often without a fair trial or due process ; this use is illegal under most forms of international law governing fair administration of justice . In times of war, belligerents or neutral countries may detain prisoners of war or detainees in military prisons or in prisoner-of-war camps . At any time, states may imprison civilians – sometimes large groups of civilians – in internment camps . In American English ,

3264-502: The Prisons in 1777. He was particularly appalled to discover prisoners who had been acquitted but were still confined because they could not pay the jailer's fees. He proposed wide-ranging reforms to the system, including the housing of each prisoner in a separate cell and the requirements that staff should be professional and paid by the government, that outside inspection of prisons should be imposed, and that prisoners should be provided with

3360-472: The Royal Commission's 252 recommendations was the dismissal of Corrective Services Commissioner Walter McGeechan – though the Government sacked McGeechan three months before receiving Nagle's final report. As Nagle noted in his report, the Royal Commission was by no means the first inquiry into the state of New South Wales prisons. An 1861 select committee , an 1878 Royal Commission, a 1946 committee and

3456-532: The Royal Commissioner thundered " The defence did not succeed in the Nuremberg Trials ; it does not succeed here." Yet there were no recommendations for prosecution or dismissal of officers – with one exception. An officer at Goulburn , Keith Newling, stood accused of making homosexual advances towards a prisoner. Nagle recommended that he face disciplinary action, a recommendation that was accepted. Of

3552-505: The act instituted a punishment policy of hard labor instead. The suspension of transport also prompted the use of prisons for punishment and the initial start of a prison building program. Britain would resume transportation to specifically planned penal colonies in Australia between 1788 and 1868. Jails at the time were run as business ventures, and contained both felons and debtors; the latter were often housed with their wives and younger children. The jailers made their money by charging

3648-460: The assaults at the time, but had determined that there was insufficient evidence to discipline any individual officer. Like every one of his counterparts, the Superintendent had also failed to act on a Departmental requirement that all prisons have a plan in place for dealing with riots. Following the second Bathurst riot, the Liberal Premier , Sir Robert Askin , promised an inquiry – but this

3744-694: The capital Rome, but throughout the Roman Empire. However, a regulated prison system did not emerge. In Medieval Songhai , results of a trial could have led to confiscation of merchandise or imprisonment as a form of punishment, since various prisons existed in the empire. During the Middle Ages in Europe, castles, fortresses, and the basements of public buildings were often used as makeshift prisons. The capability to imprison citizens granted an air of legitimacy to officials at all levels of government and served as

3840-778: The cell door, and each inmate is allowed one hour of outdoor exercise per day, alone. They are normally permitted no contact with other inmates and are under constant surveillance via closed-circuit television cameras. On the other end are "minimum security" prisons which are most often used to house those for whom more stringent security is deemed unnecessary. For example, prisoners convicted of white-collar crime (which rarely results in incarceration) are almost always sent to minimum-security prisons due to them having committed nonviolent crimes. Lower-security prisons are often designed with less restrictive features, confining prisoners at night in smaller locked dormitories or even cottage or cabin-like housing while permitting them free movement around

3936-590: The cell door. Prison food in many developed countries is nutritionally adequate for most inmates. Prisons in wealthy, industrialized nations provide medical care for most of their inmates. Additionally, prison medical staff play a major role in monitoring, organizing, and controlling the prison population through the use of psychiatric evaluations and interventions (psychiatric drugs, isolation in mental health units, etc.). Prison populations are largely from poor minority communities that experience greater rates of chronic illness, substance abuse, and mental illness than

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4032-404: The committee and pressures from wars with France , and jails remained a local responsibility. But other measures passed in the next few years provided magistrates with the powers to implement many of these reforms, and eventually, in 1815, jail fees were abolished. Quakers were prominent in campaigning against and publicizing the dire state of the prisons at the time. Elizabeth Fry documented

4128-402: The conditions that prevailed at Newgate prison , where the ladies' section was overcrowded with women and children, some of whom had not even received a trial. The inmates did their own cooking and washing in the small cells in which they slept on straw. In 1816, Fry founded a prison school for the children who were imprisoned with their parents. She also began a system of supervision and required

4224-425: The custody level goes beyond maximum security for people such as terrorists or political prisoners deemed a threat to national security , and inmates from other prisons who have a history of violent or other disruptive behavior in prison or are suspected of gang affiliation. These inmates have individual cells and are kept in lockdown , often for more than 23 hours per day. Meals are served through "chuck-holes" in

4320-434: The defendants would be sentenced to death. Rulers began looking for means to punish and control their subjects in a way that did not cause people to associate them with spectacles of tyrannical and sadistic violence. They developed systems of mass incarceration , often with hard labor, as a solution. The prison reform movement that arose at this time was heavily influenced by two somewhat contradictory philosophies. The first

4416-404: The determination of whether they will be placed in a mental health unit), and many other factors. This sorting of prisoners is one of the fundamental techniques through which the prison administration maintains control over the inmate population and attempts to reduce risks and liabilities in an attempt to create an orderly and secure prison environment. At some prisons, prisoners are made to wear

4512-504: The disciplinary system advocated by the SIPD. By the 1840s, penal transportation to Australia and the use of hulks was on the decline, and the Surveyor-General of convict prisons, Joshua Jebb , set an ambitious program of prison building in the country, with one large prison opening per year. Pentonville prison opened in 1842, beginning a trend of ever increasing incarceration rates and

4608-419: The economic benefits of providing a free source of hard labor, the proponents of the new penal code also thought that this would deter criminal activity by making a conspicuous public example of consequences of breaking the law. However, what actually ended up happening was frequent spectacles of disorderly conduct by the convict work crews, and the generation of sympathetic feelings from the citizens who witnessed

4704-536: The efficacy of legal reform had declined, as statutory changes had no discernible effect on the level of crime, and the prisons, where prisoners shared large rooms and booty including alcohol, had become riotous and prone to escapes. In response, New York developed the Auburn system in which prisoners were confined in separate cells and prohibited from talking when eating and working together, implementing it at Auburn State Prison and Sing Sing at Ossining . The aim of this

4800-470: The end of the 17th century, houses of correction were absorbed into local prison facilities under the control of the local justice of the peace. England used penal transportation of convicted criminals (and others generally young and poor) for a term of indentured servitude within the general population of British America between the 1610s and 1776. The Transportation Act 1717 made this option available for lesser crimes, or offered it by discretion as

4896-478: The eyes of the public. They suggested that prisoners be sent to secluded "houses of repentance" where they would be subjected (out of the view of the public) to "bodily pain, labor, watchfulness, solitude, and silence ... joined with cleanliness and a simple diet". Pennsylvania soon put this theory into practice, and turned its old jail at Walnut Street in Philadelphia into a state prison, in 1790. This prison

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4992-449: The facility and also to allow a smaller prison staff to monitor prisoners directly, often using a decentralized "podular" layout. (In comparison, 19th-century prisons had large landings and cell blocks which permitted only intermittent observation of prisoners.) Smaller, separate and self-contained housing units known as "pods" or "modules" are designed to hold 16 to 50 prisoners and are arranged around exercise yards or support facilities in

5088-827: The first Wolfson Professor of Criminology at the Institute of Criminology. Radzinowicz made a major contribution to the study of criminology by his research in the trends of legal thought which led to modern concepts in the administration of justice which were adopted in many of the democratic countries. Among his most significant works are History of English Criminal Law (4 vols. 1948–68), In Search of Criminology (1961), The Need for Criminology (1965), and Ideology and Crime (1966). Radzinowicz also wrote an autobiography, Adventures in Criminology (1999). On 29 December 1999, Radzinowicz died in Haverford, Pennsylvania , United States. He

5184-543: The first half of the 19th century, capital punishment came to be regarded as inappropriate for many crimes that it had previously been carried out for, and by the mid-19th century, imprisonment had replaced the death penalty for the most serious offenses except for murder. The first state prison in England was the Millbank Prison , established in 1816 with a capacity for just under 1,000 inmates. By 1824, 54 prisons had adopted

5280-450: The general population, usually for safety reasons, such as those within solitary confinement, celebrities, political figures and former law enforcement officers, those convicted of sexual crimes and/or crimes against children, or those on the medical wing or protective custody. Generally, when an inmate arrives at a prison, they go through a security classification screening and risk assessment that determines where they will be placed within

5376-500: The general population. This leads to a high demand for medical services, and in countries such as the US that do not provide tax-payer funded healthcare, prison is often the first place that people are able to receive medical treatment (which they could not afford outside). Some prison medical facilities include primary care , mental health services, dental care , substance abuse treatment, and other forms of specialized care, depending on

5472-461: The grounds to work or partake in activities during the day. Some countries (such as Great Britain ) also have "open" prisons where prisoners are allowed home-leave or part-time employment outside of the prison. Suomenlinna Island facility in Finland is an example of one such "open" correctional facility. The prison has been open since 1971 and, as of September 2013, the facility's 95 male prisoners leave

5568-520: The inmates for food, drink, and other services, and the system was generally corruptible. One reform of the seventeenth century was the establishment of the London Bridewell as a house of correction for women and children. It was the first facility to make any medical services available to prisoners. With the widely used alternative of penal transportation halted in the 1770s, the immediate need for additional penal accommodations emerged. Given

5664-490: The late 17th century and during the 18th century, popular resistance to public execution and torture became more widespread both in Europe and in the United States. Particularly under the Bloody Code , with few sentencing alternatives, imposition of the death penalty for petty crimes, such as theft, was proving increasingly unpopular with the public; many jurors were refusing to convict defendants of petty crimes when they knew

5760-468: The leadership of Cesare Lombroso (1835–1909). Another prominent prison reformer who made important contributions was Alexander Paterson who advocated for the necessity of humanizing and socializing methods within the prison system in Great Britain and America. Prisons employ people to run and maintain the prison while keeping control of the inmates. Oftentimes, the number of people employed within

5856-431: The level of security. Remotely controlled doors, CCTV monitoring, alarms, cages, restraints , nonlethal and lethal weapons, riot-control gear and physical segregation of units and prisoners may all also be present within a prison to monitor and control the movement and activity of prisoners within the facility. Modern prison designs have increasingly sought to restrict and control the movement of prisoners throughout

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5952-430: The media. Corrective Services changed its approach to managing the so-called intractables, opening the 40-bed Katingal Special Security Unit at Long Bay in 1975. Katingal replaced a regime of violence with what amounted to sensory deprivation. But it was events at the much larger Bathurst Gaol that were to force the brutal world of the State's penal system into the public consciousness. In February 1974, an inmate threw

6048-462: The mistreatment of the convicts. The laws quickly drew criticism from a humanitarian perspective (as cruel, exploitative and degrading) and from a utilitarian perspective (as failing to deter crime and delegitimizing the state in the eyes of the public). Reformers such as Benjamin Rush came up with a solution that would enable the continued use of forced labor while keeping disorderly conduct and abuse out of

6144-593: The modern prison was imported to Europe in the early 19th-century. Prior forms of punishment were usually physical, including capital punishment, mutilation , flagellation (whipping), branding , and non-physical punishments, such as public shaming rituals (like the stocks ). From the Middle Ages up to the 16th and 17th centuries in Europe, imprisonment was rarely used as a punishment in its own right, and prisons were mainly to hold those awaiting trial and convicts awaiting punishment. However, an important innovation at

6240-493: The needs of the inmate population and the willingness of the prison to provide for these needs. Health care services in many prisons have long been criticized as inadequate, underfunded, and understaffed, and many prisoners have experienced abuse and mistreatment at the hands of prison medical staff who are entrusted with their care. In the United States, a million incarcerated people suffer from mental illness without any assistance or treatment for their condition. The tendency of

6336-463: The new Labor government of Neville Wran sought to put its ideological stamp on the commission. Although Wran did not amend the terms of reference, Mitchell and Derwent were demoted to consultant roles, and Radzinowicz – considered too conservative – was sacked. Nagle continued on as sole commissioner. The Liberal Opposition accused Wran of trying to nobble the inquiry; prisoners' advocates saw it as cost-cutting. Nagle sought written submissions from

6432-402: The others, including the men who committed the assaults at Bathurst and Grafton, Nagle wrote that he saw "no purpose at this late stage of recommending criminal prosecutions." Though he did not accept the Department's estimate that the prison population would grow considerably, Nagle nonetheless threw his support behind a number of construction projects then under consideration. His view was that

6528-599: The overall social system. The book analyzed changes in Western penal systems during the modern age based on historical documents from France. Foucault argues that prison did not become the principal form of punishment just because of the humanitarian concerns of reformists . He traces the cultural shifts that led to the predominance of prison via the body and power. Prison used by the "disciplines" – new technological powers that can be found, according to Foucault, in places such as schools, hospitals, and military barracks. From

6624-449: The particular challenges faced by female, Aboriginal and non- English -speaking inmates. Nagle conceded that "grave allegations" of illegal use of force at Long Bay and Maitland gaols had not been explored by the commission. Rather, having already uncovered "clear illustrations" that the Department and its officers were using force illegally, he recommended that individual complaints from inmates be referred to an individual appointed for

6720-466: The prison grounds on a daily basis to work in the corresponding township or commute to the mainland for either work or study. Prisoners can rent flat-screen televisions, sound systems, and mini-refrigerators with the prison-labor wages that they can earn—wages range between 4.10 and €7.30 per hour. With electronic monitoring , prisoners are also allowed to visit their families in Helsinki and eat together with

6816-635: The prison staff. Prisoners in Scandinavian facilities are permitted to wear their own clothes. There are fundamental differences between the security level of men's prisons and that of women's prisons. Male prisons tend to have higher, or more severe, security levels/classifications than female prisons. This is even noticeable when comparing the construction and design of male prisons which tend to have very tall walls and towers, barbed wire and other serious security measures whereas these types of high level security measures are absent at many female prisons. This

6912-455: The prison system. Classifications are assigned by assessing the prisoner's personal history and criminal record, and through subjective determinations made by intake personnel (which include mental health workers, counselors, clerical staff, sheriff deputies, prison unit managers, and others). This process will have a major impact on the prisoner's experience, determining their security level, educational and work programs, mental health status (e.g.

7008-437: The prison was constructed, and the level of funding available to procure new equipment. Prisoners are often served food in a large cafeteria with rows of tables and benches that are securely attached to the floor. However, inmates that are locked in control units, or prisons that are on "lockdown" (where prisoners are made to remain in their cells all day) have trays of food brought to their cells and served through "chuck-holes" in

7104-466: The prisoner arrived with a "reception biff" and continued throughout the man's sentence whenever he was thought to breach "written or unwritten rules". One such rule was that inmates were forbidden to make eye contact with staff. The abuses at Grafton continued undetected for some 30 years, but by the 1970s the prison had acquired a reputation for brutality and questions began to be asked in Parliament and

7200-477: The purpose. (This recommendation was rejected.) Nagle presented his report to the Governor , Sir Roden Cutler , on 31 March 1978. Its 630 pages excoriated "an inefficient Department administering antiquated and disgraceful gaols; untrained and sometimes ignorant prison officers, resentful, intransigent and incapable of performing their tasks." The report catalogued poor conditions across the State's prison system, with

7296-506: The quality of life for prisoners, who have large amounts of empty time on their hands that can be occupied with reading. This time spent reading has a variety of benefits including improved literacy, ability to understand rules and regulations (leading to improved behavior), ability to read books that encourage self-reflection and analysis of one's emotional state, consciousness of important real-world events, and education that can lead to successful re-entry into society after release. In 2024,

7392-502: The role of Long Bay's Katingal unit , and allegations of inappropriate behaviour by officers at Goulburn and Milson Island . The commission also considered more general issues of policy: management, staff conditions, external oversight, classification, security measures, inmate work assignments , education programs, remissions, probation and parole , sentencing , record-keeping, public relations , research, and planning. Prison conditions were also examined at some length, including

7488-399: The spread of government-owned totalisator agencies , and a 1971 court decision had effectively legalised abortion . Wran liberalised laws on prostitution , public intoxication , vagrancy and homosexuality . His Government also ended the practice of gaoling fine defaulters. Nagle argued for an expansion in the use of periodic detention , a recommendation that was accepted. (The practice

7584-428: The terms prison and jail have separate definitions, though this is not always adhered to in casual speech. Outside of the United States, prison and jail often have the same meaning. In New Zealand , the terms "jail" and "prison" are commonly used, although the terms "correctional facility" and "prison" among others are in official usage. In Papua New Guinea , "prison" is officially used, although "jail"

7680-514: The time was the Bridewell House of Corrections, located at Bridewell Palace in London, which resulted in the building of other houses of correction . These houses held mostly petty offenders, vagrants, and the disorderly local poor. In these facilities, the inmates were given " prison labor " jobs that were anticipated to shape them into hardworking individuals and prepare them for the real world. By

7776-428: The undeveloped institutional facilities, old sailing vessels , termed hulks , were the most readily available and expandable choice to be used as places of temporary confinement . While conditions on these ships were generally appalling, their use and the labor thus provided set a precedent which persuaded many people that mass incarceration and labor were viable methods of crime prevention and punishment. The turn of

7872-463: The use of prison as the primary form of crime punishment. Robert Peel's Gaols Act of 1823 introduced regular visits to prisoners by chaplains, provided for the payment of jailers and prohibited the use of irons and manacles. In 1786, the state of Pennsylvania passed a law that mandated that all convicts who had not been sentenced to death would be placed in penal servitude to do public works projects such as building roads , forts , and mines. Besides

7968-734: The women to sew and to read the Bible. In 1817, she helped to found the Association for the Reformation of the Female Prisoners in Newgate. The theory of the modern prison system was born in London, influenced by the utilitarianism of Jeremy Bentham . Bentham's panopticon introduced the principle of observation and control that underpins the design of the modern prison. The notion of prisoners being incarcerated as part of their punishment and not simply as

8064-440: The world, and the types of facilities within prisons depend on many intersecting factors including funding, legal requirements, and cultural beliefs/practices. Nevertheless, in addition to the cell blocks that contain the prisoners, there are also certain auxiliary facilities that are common in prisons throughout the world. Prisons generally have to provide food for a large number of individuals, and thus are generally equipped with

8160-533: Was rehabilitative : the reformers talked about the penitentiary serving as a model for the family and the school and almost all the states adopted the plan (though Pennsylvania went even further in separating prisoners). The system's fame spread and visitors to the U.S. to see the prisons included de Tocqueville who wrote Democracy in America as a result of his visit. The use of prisons in Continental Europe

8256-524: Was abandoned in 2010.) Unimpressed by McGeechan's performance in the witness box, Nagle had intended to make his first recommendation that the Commissioner be dismissed. The Government was unwilling to wait for Nagle's report, however, and sacked McGeechan on 18 January 1978, three months before Nagle published his recommendations. While acknowledging that the dismissal had already occurred, Nagle let his first recommendation stand. McGeechan had served nine and

8352-625: Was aged 93. He is buried with his third wife in the Ascension Parish Burial Ground in Cambridge , Cambridgeshire, England. Radzinowicz had married three times. He married Irena Szereszewska in 1933; they divorced in 1955. He was married to Mary Ann Nevins from 1958 to 1979. They had two children: Ann and William. In 1979, he married Isolde Klarmann ( née Doerenburg; 11 October 1915 – 2 February 2011). Radzinowicz converted to Christianity from Judaism prior to World War II. In

8448-509: Was based in Enlightenment ideas of utilitarianism and rationalism , and suggested that prisons should simply be used as a more effective substitute for public corporal punishments such as whipping, hanging, etc. This theory, referred to as deterrence , claims that the primary purpose of prisons is to be so harsh and terrifying that they deter people from committing crimes out of fear of going to prison. The second theory, which saw prisons as

8544-464: Was born on 15 August 1906 in Łódź , Congress Poland . He studied law as an undergraduate student at the University of Paris and the University of Geneva . He went on to study for a doctorate at the University of Cracow . During this time, he spent a year studying under Enrico Ferri at the Institute of Criminology in Rome , Italy. Radzinowicz moved to England in 1938, having been granted funding by

8640-590: Was converted for use as a women's prison, the Norma Parker Centre, before closing in 2008. Work to expand Bathurst did not begin until 2018 – a lag of 40 years. Nagle's call for a new high-rise remand centre in central Sydney went unheeded. Katingal, the special unit at Long Bay which had replaced Grafton as the last stop for high-risk inmates only in 1975, was closed on Nagle's recommendation. The building itself remained empty for many years before being demolished in 2004. The first new prison to be built following

8736-463: Was deferred pending the outcome of criminal charges against the rioters. On 31 March 1976, Askin's successor, Eric Willis established the promised royal commission, with Supreme Court justice John Flood Nagle presiding. Former Macquarie University vice-chancellor Alexander Mitchell and University of New South Wales academic Sydney Derwent were appointed as members of the commission, with Cambridge criminologist Sir Leon Radzinowicz serving as

8832-401: Was designated as a centre for 'intractable' male inmates in 1942. Officers serving at Grafton were entitled to a curiously named "climatic allowance", intended to attract "capable, tactful and robust" men and compensate them for the "arduous nature" of their work. As Nagle was to sensationally uncover, this ardour derived from the frequent and illegal beatings meted out to inmates. This began when

8928-490: Was known as the desmoterion or "the place of chains". The Romans were among the first to use prisons as a form of punishment rather than simply for detention. A variety of existing structures were used to house prisoners, such as metal cages, basements of public buildings, and quarries . One of the most notable Roman prisons was the Mamertine Prison , established around 640 B.C. by Ancus Marcius . The Mamertine Prison

9024-474: Was located within a sewer system beneath ancient Rome and contained a large network of dungeons where prisoners were held in squalid conditions contaminated with human waste . Forced labor on public works projects was also a common form of punishment. In many cases, citizens were sentenced to slavery , often in ergastula (a primitive form of prison where unruly slaves were chained to workbenches and performed hard labor). There were numerous prisons not only in

9120-562: Was modeled on what became known as the "Pennsylvania system" (or "separate system"), and placed all prisoners into solitary cells with nothing other than religious literature, made them wear prison uniforms , and forced them to be completely silent to reflect on their wrongs. New York soon built the Newgate state prison in Greenwich Village, which was modeled on the Pennsylvania system, and other states followed. But, by 1820, faith in

9216-495: Was never as popular as it became in the English-speaking world , although state prison systems were largely in place by the end of the 19th century in most European countries. After the unification of Italy in 1861, the government reformed the repressive and arbitrary prison system they inherited, and modernized and secularized criminal punishment by emphasizing discipline and deterrence. Italy developed an advanced penology under

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