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Abolishing the stigma of punishments served: Andrew Henley argues that those who have been punished should be free from future discrimination

Henley, Andrew

Authors

Andrew Henley



Abstract

The Benthamite workhouse principle of ‘less eligibility’ dates back to the Poor Law Amendment Act 1834 and, since its application to the sphere of criminal justice, has long dictated that prisoners and other lawbreakers should always be last in the queue for access to scant welfare resources because of the moral censure attached to their behaviour. This continues to be problematic for those advocating penal reform with debates about imprisonment often descending into objections to any material improvement in conditions on the basis that they would be unfair to ‘hard-working taxpayers’ or the supposedly ‘law-abiding majority’. An allied but lesser known principle is that of ‘non-superiority’ which Mannheim (1939) described as ‘the requirement that the condition of the criminal when he has paid the penalty for his crime should be at least not superior to that of the lowest classes of the non-criminal population’.

Citation

Henley, A. (2014). Abolishing the stigma of punishments served: Andrew Henley argues that those who have been punished should be free from future discrimination. Criminal Justice Matters, 97(1), (22-23). doi:10.1080/09627251.2014.950521. ISSN 0962-7251

Journal Article Type Article
Acceptance Date Aug 1, 2014
Online Publication Date Aug 8, 2014
Publication Date Jul 3, 2014
Deposit Date Aug 7, 2018
Publicly Available Date Mar 29, 2024
Journal Criminal Justice Matters
Print ISSN 0962-7251
Electronic ISSN 1934-6220
Publisher Taylor & Francis (Routledge)
Peer Reviewed Peer Reviewed
Volume 97
Issue 1
Pages 22-23
DOI https://doi.org/10.1080/09627251.2014.950521
Public URL https://nottingham-repository.worktribe.com/output/958967
Publisher URL https://www.tandfonline.com/doi/abs/10.1080/09627251.2014.950521
Additional Information Peer Review Statement: The publishing and review policy for this title is described in its Aims & Scope.; Aim & Scope: http://www.tandfonline.com/action/journalInformation?show=aimsScope&journalCode=rcjm20

This is an Accepted Manuscript of an article published by Taylor & Francis in Criminal Justice Matters on 8 Aug 2014, available online: http://www.tandfonline.com/10.1080/09627251.2014.950521

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