Saturday, September 05, 2009

Prisoners and the media (Part 1), by The Jailhouse Lawyer

Below is a post by the Jailhouse Lawyer and I won't go into the content - that's for you, the reader to consider. As well as the issue considered below, there is the issue of whether there are some topics and some bloggers who should or should not get space on this blog. It was suggested by a fellow blogger recently that they shouldn't.

So I'm left with a dilemma. If I restrict this blog to only "respectable" people, as seen by the respectable, then my own reputation is protected and I can be reassimilated into the blogging club but at the cost of this blog's prime directive - to pursue truth with neither fear nor favour.

Or I can let any point of view get an airing - the Imams', the BNP's, the cultists, whoever's - and having been put in writing here, it can then run the gauntlet of you, the readers. Anything put up for consideration can either be embraced or torn down. It's fair game, once posted.

Ad hominem

I'd like to specify more clearly this blog's policy. It's not so much attacking another person that's out but the utilization of incendiary, non-specific phraseology when applied specifically to a reader/blogger. I can call Brown the most gutless, arrogant, incompetent and destructive PM this country has had because there are instances to support that contention but if I say he's a piece of excrement, then that crosses the line, being neither verifiable nor to the point of the political issues. I was once called out by a reader for calling Merkel "vermin". You get the idea.

Thus to the post:

Writing blogs

NOEL ‘RAZOR’ SMITH - HMP
BLANTYRE HOUSE


The prison system has strictly forbidden me to write for publication or have any contact with the media therefore my query for the prison service (or whatever bunch of initials they are calling themselves these days) is this: according to Standing Orders and Prison Rules, convicted prisoners are not allowed to write for publication for payment, however there is no mention reference prisoners writing a blog on the internet; for which there is no payment but merely a chance to express an opinion.

So as a serving prisoner can I write a blog? And if not, can they point out the rule or Standing Order which forbids it? Obviously I do not have direct access to the Internet, but I have someone outside who will convert my typed words for the web, so I am anxious to find out what the objections might be.

I believe this is an important issue which may open up a new avenue for serving prisoners to express their opinions, so I look forward to hearing their reply; though they'll probably draft a new rule forbidding it as soon as they are asked the question. Cynical? Moi?

The Ministry of Justice writes:

There is no specific Prison Service policy on prisoners using or posting blogs, as they do not have direct unregulated access to computers or the Internet. However, in terms of the restrictions placed on the contents of prisoners’ correspondence, PSO 4411 Prisoner Communications Correspondence, paragraphs 7.1 (10) (a) to (e) specifically covers the issue of publishing or broadcasting material by newspaper, radio or television transmission. Whilst the policy does not explicitly mention publication or broadcasting on the Internet, such activities would be viewed similarly to any other form of media outlet, as previously mentioned.

Therefore, if any part of a prisoner’s correspondence on a blog contained material which fell under any of these paragraphs, appropriate disciplinary action could be taken
for breaching these restrictions.

As for the setting up of a blog, by a third party on behalf of a prisoner, paragraph 7.2 of PSO 4411 states that ‘a prisoner may not ask, in writing or otherwise, another person to make on his or her behalf a communication which he or she would not be allowed to make directly, or which would contravene this Prison Service Order’. While this has often been interpreted in the context of one prisoner asking another prisoner to write/send something out illegally on their behalf, this could be applicable to anyone outside of the prison.

"The only blog by a serving British prisoner. Looking stupidity and ignorance in the eye whilst attempting to inject some neurons into the criminological debate. As British prisoners are denied internet access, I post via the Royal Mail and the kind efforts of friends".

Should prisoners be allowed to blog?

By Lifer Ben Gunn

That's the wrong question, really. As long as I don't identify staff or cons, charge money, or rabbit on about guns, bombs or escape plans then the law allows me to inflict myself upon you for as long as I want. Some would find this objectionable.

Whilst I appreciate that view, my response is - tough, deal with it. As a matter of law, my punishment was the loss of my physical liberty; not the loss of anything else. And you need to endure that to appreciate its weight. Having a Blog or a TV doesn't quite make up for loss of liberty. But we are not really talking law here, but more a sense of morality. Should a convicted murderer ever intrude into the public arena?

I blame you that I feel the urge to. I don't write this to feed my giant ego. I write this because there is a total absence of genuine, informed debate around imprisonment. The ether is swamped with trite opinion, fuelled by a mixture of bile, anger and ignorance, and some occasional thoughtful interjection may be useful. Who better to offer that than a serving prisoner, whose life's work has been the study of prisons? On a wider point, don't forget that I remain a part of society.

I may be tucked away in an obscure and dull corner, but nevertheless prisons are part of the whole. Every law, every social obligation and each cultural and politico-economic shift falls as heavily upon me as it does the free person. As a sovereign individual in a liberal democracy I assert an untrammelled right to voice my views. There are those who will instantly argue that my first post should be a profound apology to my victims. And that I should stop at that point. Patience, my enemies, I will of course discuss these things. And my lifetime’s effort to live a non-¬violent life may suggest that I do recoil from my crime and intend to try, no matter how futile it is, to repair some of the social harm that I have caused.

But I refuse to be defined solely in terms of my crime and my past. In the meantime, I hope to inform, provoke and entertain by offering insights into imprisonment that our Glorious Leaders and media fail to deliver. Imprisonment should be a perpetual discussion; the human suffering that follows from crime should be carefully considered, and not relegated to atavistic headlines. Isn't it rather pathetic that it is left to a prisoner to call for this debate, rather than political leaders?

11 comments:

  1. Personally I think that one of the rights you lose inside prison is the right to communicate with the outside world by your method at your choice. That is a right that is regulated by the state because of a crime that you have committed. Ultimately prison needs to be a deterrent and in my view that means that a prisoner's rights are those described fully in law- not those ommitted from the list of incapacities a prisoner has.

    If you have done a crime, it is my view that your experience after that should be harsh. YOu should not be able to choose your recreation or choose your means of living- and I'm afraid that includes the online world as well as the offline. Prison is there for a purpose and it should be unpleasant enough that it makes people think when they commit crimes.

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  2. I agree with some valid points made by Gracchi ,however the loss of one's liberty is unpleasant enough surely[nevermind loss of safety, dignity and individuality].

    Having said that, I do not consider a prisoner a member of society as he has been 'removed' from society and I know in North America at least he loses certain protections and rights under the Charter Of Rights/Constitution.

    Given certain crimes are predatory in nature, I do not think that criminals removed/isolated from society should be permitted internet access , where they could still prey upon/ cause harm[even emotionally] to any members of society.It is like alllowing them, virtually, to still freely move amongst society.

    I do believe there are specific prisoner rights to protect their interests,which I agree with but access to society at large NO!

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  3. Prison needs to be about rehabilitation as well as punsihment. If that means allowing someone like Ben Gunn a way to express himself then fine. I would baulk at anything but extremely limited internet access for inmates.

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  4. I left this comment at Bens's blog.

    "The state has rightly taken your physical liberty but you are still of our society and as such your views are as relevant as those of any other.

    Welcome!
    "

    Not only are his views relevant they should be allowed into the public domain where we can choose whether or not to read them.

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  5. 1) Convicted criminals have no rights, of any kind.

    2) We can refuse to be described in any way we find objectionable but that refusal does not oblige others to see us as we wish to be seen.

    Dinosaur that I am, I persist in understanding others in my own way and not giving a bugger how they see me. Those who whine that they are misunderstood could do likewise.

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  6. The area of prisoners rights is a legal minefield. G. D. Treverton-Jones described the search for prisoners rights as elusive. Both the cases of St Germain and Raymond v Honey state that prisoners retain all those rights not expressly removed by statute or case law or by the necessary implication of imprisonment. Since these landmark decisions there is the Human Rights Act 1998, which incorporated the European Convention and Article 10 states it is a human right to hold and express an opinion under freedom of expression.

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  7. JHL I'm not describing the law as it exists but as I think it should exist- it should be descriptive of prisoner's rights rather than of the rights that they lose. It is my view that prisoners within prison who have been justly convicted lose the rights that most ordinary people retain- the right to vote, the right to freedom of movement and yes the right to freedom of expression.

    Once they have served their time, I'm happy their rights are restored (how long that time should be is another matter), but until such time, I think they do not have rights unless we explicitly grant them those. Personally I would define the rights of a prisoner as the right to escape cruel and unusual punishment, the right to food, the right to a roof and after that I'm not sure that prisoners should have any rights.

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  8. This comment has been removed by the author.

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  9. James- apologies I keep on posting duplicate comments! :)

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  10. Gracchi: If you want the law to be as you want it rather than as it is, your options are become a MP and lobby for a change in legislation, or like me take legal challenges to court for a definitive ruling on the legal position of a particular issue.

    I agree, in relation to setting out prisoners rights in statutory form. When I asked the prison authorities for the rights following the St Germain ruling, they replied "Yes. What are they?".

    Prisoners have the human right to vote because I took the legal case to establish this precedent. The right to freedom of movement you can have because the prisoner loses this on being sentenced to custody.

    However, freedom of expression is a prisoners human right under Article 10 of the European Convention, and a legal right under the Human Rights Act 1998.

    Go and have a look at what Ben's Blog says. It's an eye opener. What do you want, an effective justice system or an ineffective one? The choice is yours.

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  11. Yes,but you have to define the right to freedom of expression more clearly. Surely that means the right not to be punished for expressing oneself,providing to do so does not infringe on someone else's overriding right. It surely does not mean providing the forum to do so?

    If that was the case[as you infer,JHL] then wouldn't we all be entitled to free net access, phones and newspaper coverage to express ourselves?

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