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Thc Howard Journal Vol31 No I. Fcb 92 ISSN 0265,5527 Book Review Prison on Trial: A Critical Assessment T. Mathiesen. London: Sage Publications (1990) 192 pp. E9.95 pb Is there any plausible justification for maintaining prisons? O r is it an institution which has now outlived its usefulness? I n this book Prison on Trial Thomas Mathiesen addresses himself to these questions. Acting as both prosecutor and judge Mathiesen’s verdict is clear and unequivocal: the prison is an anachronism which is becoming increasingly counterproductive. This conclusion will come as little surprise to those that are familiar with Mathiesen’s previous publications and his long-term commitment to abolitionism. The book aims to bring together a range of materials and rationales for incarceration and to subject them to critical scrutiny. Mathiesen runs through the traditional justifications for punishment - deterrence, retribution, rehabilitation and incapacitation - and considers some of the evidence before reaching his verdict. But the evidence is far from comprehensive or up-to-date. As a result the critique is unconvincing and it appears that it is the verdict which conditions the evidence rather than vice versa. This type of critique of the prison is not unfamiliar, but as an attempt to move the penal reform movement forward or as an attempt to establish the case for abolitionism it is seriously deficient. The book is unlikely to have much impact even upon fellow travellers. Recent writing by younger ‘second generation’ abolitionists have distanced themselves from slogans calling for the immediate abolition of prisons and have moved towards a more reductionist and reformist approach. The evidence presented by Mathiesen is unconvincing for two main reasons. Firstly, it relies on a very selective and questionable use of history. Mathiesen relies heavily on the work of Foucault which is not a ‘history’ in a conventional sense and whose writings have been extensively challenged, both theoretically and empirically. Mathiesen presents this material, however, as if it were non- problematic. Secondly, the book suffers from globalism and an overall lack of specificity. This in turn leads to a lack of rigour, over-generalisations and an undue pessimism. It also encourages the kind of slippage in which there is a movement from the critique of particular rehabilitative schemes, for example, to a rejection of the rehabilitative ideal itself. Although there are some useful pieces of information to be found in the book it is unlikely to persuade any but the converted. It contains little which is new and it conveniently ducks most of the difficult and controversial questions, such as the use of imprisonment for violent or persistent serious offenders. Mathiesen wants the abolition of imprisonment and he is also very skeptical about alternatives to custody. Instead he proposes that crimes and conflicts should be dealt with interpersonally or be referred to civic courts. In this scenario power relations remain largely unmediated and the outcome of disputes becomes largely a function of personal wealth and resources. Such an approach not only undervalues the social and symbolic functions of punishment but also sustains and implicitly endorses existing inequalities. Not surprisingly, therefore, Mathiesen, a7

Prison on Trial: A Critical Assessment T. Mathiesen

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Page 1: Prison on Trial: A Critical Assessment T. Mathiesen

Thc Howard Journal Vol31 No I . Fcb 92 ISSN 0265,5527

Book Review Prison on Trial: A Critical Assessment T. Mathiesen. London: Sage Publications (1990) 192 pp. E9.95 pb

Is there any plausible justification for maintaining prisons? O r is it an institution which has now outlived its usefulness? In this book Prison on Trial Thomas Mathiesen addresses himself to these questions. Acting as both prosecutor and judge Mathiesen’s verdict is clear and unequivocal: the prison is an anachronism which is becoming increasingly counterproductive. This conclusion will come as little surprise to those that are familiar with Mathiesen’s previous publications and his long-term commitment to abolitionism.

The book aims to bring together a range of materials and rationales for incarceration and to subject them to critical scrutiny. Mathiesen runs through the traditional justifications for punishment - deterrence, retribution, rehabilitation and incapacitation - and considers some of the evidence before reaching his verdict. But the evidence is far from comprehensive or up-to-date. As a result the critique is unconvincing and it appears that it is the verdict which conditions the evidence rather than vice versa.

This type of critique of the prison is not unfamiliar, but as an attempt to move the penal reform movement forward or as an attempt to establish the case for abolitionism it is seriously deficient. The book is unlikely to have much impact even upon fellow travellers. Recent writing by younger ‘second generation’ abolitionists have distanced themselves from slogans calling for the immediate abolition of prisons and have moved towards a more reductionist and reformist approach.

The evidence presented by Mathiesen is unconvincing for two main reasons. Firstly, it relies on a very selective and questionable use of history. Mathiesen relies heavily on the work of Foucault which is not a ‘history’ in a conventional sense and whose writings have been extensively challenged, both theoretically and empirically. Mathiesen presents this material, however, as if it were non- problematic. Secondly, the book suffers from globalism and an overall lack of specificity. This in turn leads to a lack of rigour, over-generalisations and an undue pessimism. I t also encourages the kind of slippage in which there is a movement from the critique of particular rehabilitative schemes, for example, to a rejection of the rehabilitative ideal itself.

Although there are some useful pieces of information to be found in the book it is unlikely to persuade any but the converted. It contains little which is new and i t conveniently ducks most of the difficult and controversial questions, such as the use of imprisonment for violent or persistent serious offenders.

Mathiesen wants the abolition of imprisonment and he is also very skeptical about alternatives to custody. Instead he proposes that crimes and conflicts should be dealt with interpersonally or be referred to civic courts. In this scenario power relations remain largely unmediated and the outcome of disputes becomes largely a function of personal wealth and resources. Such an approach not only undervalues the social and symbolic functions of punishment but also sustains and implicitly endorses existing inequalities. Not surprisingly, therefore, Mathiesen,

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Page 2: Prison on Trial: A Critical Assessment T. Mathiesen

takes the trouble in the English edition of the book to distance himself from the radical social democratic criminological tradition, which has always been critical of individualistic and anarchistic ‘solutions’ to social problems. Centre for the Study of Public Order, ROGER MATTHEWS University of Leiccster.

Books Received The following books were received by 21 October 1991. Some of these books may be reviewed in later issues.

Mental Health and Deviance in Inner Cilies W.LI. Perry-Jones and N. Queloz (Eds.). Geneva: World Health Organisation (1991) 128 pp. no price stated

Black Communities and the Probation Service: Working Together for Change Report of a Sub-committee of the NACRO Race Issues Advisory Committee. London: NACRO (1991) 32 pp. E4.50 pb

Chief Constables: Bobbies, Bosses or Bureaucrats? R. Reiner. London: Oxford University Press (1991) 383 pp. f17.95 hb

Not Just Killing Time: Submission to th Prison Department on Regime Activities Howard League. London: Howard League (1991) 11 pp. E3.00 pb

T r a f f i Policing in Changing Times (Home Office Research Study No. 124) P. Southgate and C. Mirrless-Black, London: HMSO (1991) 131 pp. E9.00 pb

Criminology as Peacemaking H.E. Pepinsky and R. Quinney (Eds.). Milton Keynes: Open University Press (1991) 339 pp. El 1.99 pb

Crime in a Minority Situation: the Maltese Case G. Dench. London: Institute of Community Studies (1991) 314 pp. E12.95 pb

Out of Order: Policing Black Peofile E. Cashmore and E. McLauhlin (Eds.). London: Routledge (1991) 243 pp. E12.99 pb

Punishment and Modern Society: A Study in Social Theory D. Garland. Oxford: Clarendon Paperbacks (1991) 312 pp. E9.95 pb

Police Misconduct: Legal Remedies (2nd ed.) J. Harrison and S. Cragg. London: Legal Action Group (1991) 294 pp. E19.00 pb (including p & p)

Preventing Youth Crime Policy Paper 3 Juvenile Crime Committee. London: NACRO (1991) 31 pp. E5.00 pb

Public Order and Private Lives: The Politics of Law and Order M. Brake and C. Hale. London: Routledge (1991) 190 pp. E10.99 pb

Beyond Law and Order: Criminal Justice Policy and Politics into the 1990s R. Reiner and M. Cross (Eds.). Basingstoke: Macmillan (1991) 254 pp. E45.00 hb, €17.50 pb

Parenthood Training for Young Offenders: A n Evaluation of Courses in Young Oflmder Znstitutions (Home Office Research and Planning Unit Paper 63) D. Caddie. London: Home Office (1991) 35 pp. free.

The End of Punishment: Christian Perspectives on the Crisis in Criminal Justice C. Woods. Edinburgh: Saint Andrews Press (1991) 128 pp. E5.95 pb

Research Programme 1991-92 Home Office Research and Planning Unit. London: Home Office (1991) 68 pp. free

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