Why Prison? (Cambridge Studies in Law and Society) by David Scott

Author:David Scott
Language: eng
Format: azw3
Publisher: Cambridge University Press
Published: 2013-08-29T04:00:00+00:00

13 While statistics on migrants are notoriously difficult to collect, the Global Detention Project estimated that by year-end 2007, somewhere between 525,000 and 950,000 ‘irregular migrants’ resided in the UK (Global Detention Project, 2011). Those numbers, which may well have risen in the past five years, compare to the 3,000 people held in detention at any given time.

14 See also Bosworth (2012).

15 There is considerable debate about whether detention can be called a form of punishment (Leerkes and Brodeurs, 2010; Bosworth, 2012). The affective element of punishment – that is, the fact that detainees believe they are being punished, or that foreign national prisoners believe their punishment is aimed at their foreignness – contrasts with the legal definition of punishment as the outcome of a criminal sanction. Scholars like Antony Duff (2010) and Lucia Zedner (2009) argue that calling detention punishment dilutes the connection between punishment and the criminal law, and in the process makes it more difficult to challenge the legitimacy of immigration detention. In this view, detention is illegitimate precisely because it is not a form of punishment. The contrasting argument is that detention is experienced as punishment by detainees and that calling it anything else obscures and delegitimises this lived experience.

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