Imprisonment and the Right to Freedom of Movement

Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available

Criminal prohibitions on membership in terrorist organizations

@ 2012 by the Regents of the University of California. All rights reserved.The article analyzes prohibitions on membership in terrorist organizations and examines their justifiability. It begins by providing a definition of a terrorist organization. It then describes the far-reaching modern prohibitions on membership in terrorist organizations in various jurisdictions. The article goes on to provide a doctrinal analysis of membership offenses. Based on similarities with conspiracy doctrine, membership offenses are analyzed as expansions of attempt law or, in some cases, of complicity doctrines. The justfiability of this expansion is examined. The article introduces a distinction between exclusively terrorist organizations, passive membership of which can be legitimately prohibited under certain conditions, and ancillary and dual-purpose organizations, passive membership of which cannot be legitimately prohibited. Next, the justiflability ofprohibiting more active forms of membership in each of these types of organizations is discussed. Last, guidelines for the legislation of appropriate prohibitions are proposed

The politics of prisoner legal rights

The article begins by locating human rights law within the current political context before moving on to critically review judicial reasoning on prisoner legal rights since the introduction of the Human Rights Act 1998. The limited influence of proportionality on legal discourses in England and Wales is then explored by contrasting a number of judgments since October 2000 in the domestic courts and European Court of Human Rights (ECtHR). The article concludes with a discussion of the implications of the restricted interpretation of legal rights for penal reform and proposes an alternative radical rearticulation of the politics of prisoner human rights

Narratives of self and identity in women's prisons: stigma and the struggle for self-definition in penal regimes

A concern with questions of selfhood and identity has been central to penal practices in women's prisons, and to the sociology of women's imprisonment. Studies of women's prisons have remained preoccupied with women prisoners’ social identities, and their apparent tendency to adapt to imprisonment through relationships. This article explores the narratives of women in two English prisons to demonstrate the importance of the self as a site of meaning for prisoners and the central place of identity in micro-level power negotiations in prisons

Construct validity, dimensionality and factorial invariance of the Rosenberg Self Esteem Scale: A bifactor modelling approach among children of prisoners

The Rosenberg Self Esteem Scale (RSES; Rosenberg, 1989) has traditionally been conceptualised as a unidimensional measure of self-esteem but empirical evidence is equivocal, with some studies supporting a one-factor solution and others favouring multidimensional models. The aim of this study was to examine the factor structure, factorial invariance and composite reliability of the RSES within a European sample of children affected by parental imprisonment (N = 724). The study specified and tested six alternative factor models using conventional confirmatory factor analytic (CFA) techniques and a confirmatory bifactor modelling approach. The RSES was most effectively represented by a bifactor model including a general self-esteem factor comprising of all ten scale items and separate method effects for the positively and negatively phrased items. This model was found to be factorially invariant among boys and girls. Composite reliability indicated good internal consistency for the general self-esteem dimension but slightly less so for the positive and negative methods effects. Results are discussed in terms resolving the debate surrounding the appropriate factor structure and scoring of the RSES

Elimination of All Forms of Forced or Compulsory Labor

A compilation of reports submitted by various countries to the ILO by the year 2000, describing labor conditions and relevant laws, specifically relating to forced or compulsory labor