Deprivation of liberty is the punishment. What else comes with it?
The Norwegian Correctional Service's own page about imprisonment says that a prison sentence means depriving or restricting a person's liberty, and that prisoners otherwise have rights on an equal footing with others.
That is a considerable promise to read from the inside.
The Correctional Service's explanation of the principle of normality also says that no one should serve a sentence under stricter conditions than security requires, and that departures from the principle must be justified. Security matters, then. But it must also mean something when the authorities say a justification is required.
I want to see that justification. I want to be able to understand it. And I want a real opportunity to respond when the factual basis is wrong.
Sections 2 and 3 of the Execution of Sentences Act require sentences to be carried out in a way that counteracts further offending, ensures satisfactory conditions within the law's framework and supports adjustment to society. The Act also states that particular weight must be given to children's right to contact with their parents.
I have a daughter. To me, that is not an abstract phrase.
There are people in prison who have caused serious harm. Victims' experiences and needs do not become less important because I write about prisoners' rights. Responsibility for a criminal act and standards for how the state treats a person must be able to exist together.
It could also have been you sitting here. Something done behind the wheel. A conflict that took a turn you could never undo. Or a childhood in which the path inside was taking shape long before you had the words to describe it. The stories differ. Rights cannot depend on how easy it is for other people to like the person.
I have not always reacted wisely to the people around me either. I know anger, contempt and the impulse to retaliate. I do not want to turn those reactions into a recipe for running a prison. That is precisely why the institution must meet us with something more considered than fear and force.
What I want to examine in this book is the distance between the promise and the practice. What is considered before a restriction is imposed? What harm could it cause? How is the decision reviewed afterwards? Who listens when several people describe the same thing?
Deprivation of liberty is already a substantial punishment. Avoidable harm must not be made invisible by calling it a natural part of serving a sentence.
Sources
- Norwegian Correctional Service, Imprisonment (Norwegian).
- Norwegian Correctional Service, About the Norwegian Correctional Service — Principle of normality. The principle is taken here from the service's own explanation; the full explanation also discusses security and practical limitations.
- Execution of Sentences Act, particularly sections 2, 3 and 7. The Lovdata source also contains adopted amendments marked as taking effect later. For an individual case, the version in force on the date of the decision must be checked.