“时间无情的融化”:从老年的棱镜看终身监禁的严重性

Marion Vannier, A. Nellis
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引用次数: 0

摘要

本文通过将老年理解为一个过程的新颖视角来思考终身监禁的痛苦。我们的监狱人口正在变老,无期徒刑的使用正在急剧增加。然而,研究、运动、法律和政策都没有解决对即将变老的囚犯判处终身监禁的长期后果。虽然远非详尽无遗,但我们的研究借鉴了老年学、卫生政策和刑罚学方面的研究。我们依靠从美国和英国收集的官方数据的共享分析来强调,一方面,无期徒刑的扩大和增长,另一方面,监狱人口的急剧老龄化是如何交织在一起的,需要一起考虑。本文强调了对刑罚严重度采取整体方法的紧迫性,该方法包括对规模、生活经历以及法律和政治的分析,以揭示老年囚犯面临的多种形式的边缘化。老龄化是一种我们都会经历的现象,然而,在监禁的背景下,我们认为老年是一个“监狱问题”而不是“囚犯问题”,敦促研究和政策摆脱传统的和简化的观点,即老年囚犯需要改造和治疗,或者天生就是罪犯。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
‘Time's relentless melt’: The severity of life imprisonment through the prism of old age
This paper considers the pains of life-sentence imprisonment through the novel vantage point of old age understood as a process. Our prison populations are getting older and the use of life sentences is dramatically increasing. Yet, research, campaigning, law and policy have not addressed the long-term consequences of imposing life sentences on prisoners who will age. Whilst far from exhaustive, our study draws on studies in gerontology, health policy and penology. We rely on shared analysis of collected official data from the US and the UK to highlight how the expansion and growth of life sentences on the one hand, and the dramatic aging of the prison population, on the other, are intertwined and need to be considered together. This article emphasizes the urgency of taking a holistic approach to penal severity, one that includes analyses of scale, lived experiences, as well as of law and politics, to uncover the multiple forms of marginalization elderly prisoners are exposed to. Aging is a phenomenon we will all experience, yet, in the context of imprisonment, we argue that old age is a ‘prison problem’ rather than a ‘prisoner problem,’, urging research and policy to depart from the conventional and reductive view of the older prisoner as one in need of transformation and treatment or as being inherently criminal.
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