tuuli steward - criminal penalty - a form of exclusion and marginalization

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Criminal Penalty - a Form of Exclusion and Marginalization Tuuli Stewart Estonia Baltic felons in Nordic prisons

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Expertseminar LABOUR MIGRATION IN THE BALTIC SEA COUNTRIES: TRENDS AND PROSPECTS 25 April 2013 Constitutional Hall, Parliament of the Republic of Lithuania, Gedimino av. 53, Vilnius

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Page 1: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Criminal Penalty - a Form of

Exclusion and Marginalization

Tuuli StewartEstonia

Baltic felons in Nordic prisons

Page 2: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

Vi ln ius 2013

Tuul i Stewart

Vi ln ius 2013

MY STUDY IS ORIENTED ON the question, how to re-integrate today’s prisoners (criminal offenders)

back to society through entrepreneurialism how to find and define the ones who are suitable for possible courses,

developmental plan, entrepreneurial activity comparison of our philosophy with Scandinavian model – are there cultural

differences that matter

I ARGUE THAT Entrepreneurial activity might be a solution for people, who’s

opportunities to be employed legally are limited Legal occupation and self-driven income is a cornerstone for societal

integration for immigrants as well as for those, who have been relegated from the same society

It is a mindset that needs to be encouraged for alternatives after release. For all participating parties – the offender, lawmakers and society

Page 3: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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IS IT A PROBLEM?

The felons are minority in society who’s number is increasing. Integration capability of those aliens defines the society’s own well-being through numerous channels Our reforms have decreased the number of prisoners, and that’s adorable but the

number of people, who hold criminal records is increasing in society

Is the problem increasing?

Illustration: Baltics had more people on 2010 as in previous years in prisons than in the

army forces; The amount of people with criminal record is abnormal; The cost for society rises both as fiscal cost and as social effect.

Since those numbers mostly reflect young men, their fate is related to children, workforce and health of the society in general

Page 4: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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LET’S TALK?

1. Statistics with an

emphasis on Baltic migrants

in Nordic countries (prisons)

2. What happened?

Political /social and other consequences

how these men ended up in this situation

(being prisoners, being excluded from society)

3. Who are they?

Social and demographic

characteristics of prison-migrants

4. What can we do?

What are the challenges (ways)

to reintegrate them into society

I was proposed to open a discussion on the following topics:

Unfortunately, I can here only briefly focus on the 1st one, but the others are very important in order to understand the cause effect chain. Perhaps next time…

Page 5: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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BALTICS ARE NOT PART OF EUROPE. YET RETURN / recidivism in Baltic states:

30% - 2 years 60% - 5 years 90% - 10 years

Could we hope to be a part of the Nordic area some day?

Lithuania, Latvia and Estonia are still countries of long-term mass incarceration

Page 6: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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1. What is the connection between Baltics and Scandinavia through prisons?

2. Are we interested in those people in our prisons?

THIS IS NOT A MAP OF BAD PEOPLE vs GOOD PEOPLE IN EUROPE.

THIS IS A MAP OF STATE POLICIES AND COMMUNAL ACCEPTANCE

Page 7: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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Rate of captives in Europe

per 100 000 persons of population

Geographical location and

traditions in connections fill

thrivingly Scandinavian

prisons with foreigners.

In the last 40 years the

number of their local

captives hasn’t risen.

Rehabilitation and after care

programs used in those

prisons, however, are

designed for integration into

local society, ran in local

language and are based on

local culture and mentality.

Page 8: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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SOLUTIONS?

MISSION IMPOSSIBLE?

From 2013 Norway has the first prison opened separately for foreigners.

Read more:• Norway needs separate jails f

or foreigners• Separate prisons for foreign

prisoners

Work in Norwegian prisons with Eastern European felons 2012 proved – success in communication largely depends

on cultural understanding. Eastern Europeans are not al the same but they definitely

are not same with Scandinavians.

Scandinavia has the best prisons for locals but need assistance of the specialists and researchers from the same culture as captives

Page 9: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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ENTRIES AND YEARLY AVERAGES OF FOREIGN CITIZENS IN NORDIC PRISONS IN 2005 – 2009

Thanks: Ragnar Kristoffersen The IRCE research task force

*Notice the differences on levels and dynamics

Page 10: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

Vi ln ius 2013Thanks: IRCE research task force

Those two charts are filled with many questions and some answers to policies that might work. Further study is following in cooperation with Nordic colleagues

*Notice the differences on levels and dynamics

Page 11: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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FOREIGN CITIZENS CONSTITUTE A TOTAL OF 23 % OF ALL INMATES

Page 12: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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WHO ARE THOSE FOREIGNERS?

Thanks: Ragnar Kristoffersen The IRCE research task force

Page 13: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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DATA SHOWS THAT AVERAGE SENTENCE LENGTH FOR SENTENCED FOREIGN INMATES IS HIGHER THAN FOR OTHER INMATES IN PRISONS IN THE REPORTING COUNTRIES

Page 14: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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THERE IS MAJOR DIFFERENCE BETWEEN BALTIC PRISONERS IN BALTIC PRISONS AND THOSE IN SCANDINAVIAN PRISONS!COMMON PROBLEMS IN LITHUANIAN AND LATVIAN PRISONS:

• Undereducated / under 4th or 9th grade

• Tuberculosis, HIV / Aids

• Gray prisoners – over 60 years old

• Chronic health problems due to conditions

• Certain types of crime – child molesters, wife beaters etc.

• Addictions / alcohol and drugs

COMMON PROBLEMS AMONG BALTIC PRISONERS IN NORDIC PRISONS:

• Language barriers, incl access to programs

• Absence of the family and communication

• Cultural interpretation

!

Page 15: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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ROBIN HOODS?

Many male prisoners from Lithuania and Latvia in Scandinavian prisons are well educated first-times in their prime years, who have young families and quite realistic plans for future compared to the average among prisoners in their home countries

This is a well-needed potential in Lithuania and Latvia. Most of them do want to go home, not to stay in Norway or Sweden. Most of them do want to study and find a legal alternative.

Estonia and Finland as a destination are different because Estonians are commuters

Vilnius prison -- Lukiškių tardymo izoliatorius kalėjimas.Built 1904, active in 2013

Page 16: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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WHERE IS THE CRIME? Big difference – drug related

crime does not necessarily

equal drug user.

Page 17: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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IMPRISONMENT IS A JOB ECONOMY.BUT ONLY FOR THOSE WHO HAVEN’T SLIPPED?

Page 18: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

WHAT WORKS?

(re)integration of prisoners into society means:

1. Integration from a long term damaging exile

2. In many cases into a new culture, unknown

previously

So, in terms, it is a migration case

You are welcome to ask about the following approaches and programs

Page 19: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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Whatever program is good

Nothing works

WHAT WORKS IN SOCIALIZATION?

In 1974 D. Lipton, R. Martinson and J. Wilks, using ‘meta-analysis’, assessed all the evaluations of criminal rehabilitation programs between 1945 and 1967.

They reached the following conclusion:

‘With few and isolated exceptions, the rehabilitative efforts that have been reported so far have had no appreciable effect on recidivism’.

The results of this assessment convinced them that not much seems to work and one program did not seem more effective than another.

Page 20: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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SO WHY BOTHER?

1. ?

2. ?

3. These people have damaged others AND (have been damaged)

THEMSELVES. More damage during imprisonment should

not deepen this process.

Bernard Shaw: black plus black does not add up as white

What’s „socializing“?

-- Mix socially with others.-- Make (someone) behave in

a way that is acceptable to their society

Socialization is a concept concerning the “study of the developmental processes by which people acquire cognition, attitudes, and

behaviors”

Page 21: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Changing Lenses

HOWARD ZEHR

I have been involved in photography for many years. One of the lessons I have learned is how profoundly the lens I look through affects the outcome.

My choice of lens determines in what circumstances I can work and how I see.

Tuuli StewartVilnius 2013

Page 22: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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We will have to look to alternative ways of viewing both problem and solution.

The source of many of our failures,

I am arguing, lies in the lens through

which we view crime and justice,

and that lens is a particular construction

of reality, a paradigm.

It is not the only possible paradigm.

Page 23: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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• Are those prisoners different people? Domestic

Migrants

• Are they different from other migrants? In which way?

• Are they migrants?

• Motivation for crime-free lifestyle.

• Motivational interviewing and pro-social modeling as a way for learning.

• Practical help and information.

• Breaking exclusion, building trust and inclusion.

• No, this is not a guaranteed road that works on all but is it worth a try?

PREPARATION FOR THE NEW ENTRY INTO SOCIETY

Page 24: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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PrisonerLearn-acy

PublicTrust

Motive?Respect

Legal AdministrationConsistency

Learnacy - ability to learn new

information and skills

Page 25: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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Learn- ACY

SkillsSocial,

practical

KnowledgeHow does it

work?

„Language“Terminology

to operate

Values, normsReligion

Plan BGAMES, STORIES, PRACTICE

What is my next move, if this

doesn’t work?

Page 26: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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A game = an ideal world with rules (for all)

Reality games – rules differ (change the chairs with a blind, tied up etc. )Obstacles in life – are there rules?Confusion in relationships – expectations for rules

- - - - - - - - - - Picturing, story telling, reading, writing A plant, the wheel of life etc Role play – write your script, a letter to yourself Movies –> community & court vs you

What works?

Page 27: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

CHANGING CHAIRS

Conflict analyze course for inmates

Tuuli Stewart

Page 28: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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2. WE ANALYZE A MOVIE

One of those:

Or pick your own…

Page 29: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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ISSUES

PERSONALITIES

EMOTIONS

INTERESTS, NEEDS, AND DESIRES

SELF-PERCEPTIONS AND SELF-ESTEEM

HIDDEN EXPECTATIONS

UNRESOLVED ISSUES FROM THE PAST

CONFLICTS ARE COMPLEX ISSUES OF MANY LAYERS

“an iceberg of conflict” – we may take just one conflict situation from a movie (or reading) and discuss it in those layers/

Do we find similar conflict layers around us?

*I do avoid bringing personal examples, I do not want to know personal stories, we do not discuss each other's cases – we just “play”

Just the tip of the iceberg

Page 30: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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THE COURSE

The course is aimed to three main directions:

1. To see, what others see in us

2. To adapt our behavior, to adjust expectations, to learn the “language”

3. In order to see the point of the conflict

The groups could be from 1-2 people up to 12 people, depending on circumstances.

The course could take up to 5-6 meetings.

At the end, we watch the movie again. Not the same one and hopefully, not with the same eyes, as in the beginning.

Page 31: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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THE WHEEL OF LIFE

Page 32: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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Ou

ter w

orld

CHANGE - IT’S A CIRCLE, NOT A STRAIGHT LINE

Page 33: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

DONATION PROJECT

Example:

Elevator program in

FreTex Norway

against poverty and

for Green Earth everywhere

The program is creating JOBs for immigrants and newly released from prisons

Page 34: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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WHAT DO WE HAVE?

lots of clothing (tons) in Oslo, big part of which have never been used

Need of practical help with clothing in other countries Our wish to form a better practical aid-network with other

countries A wish to integrate migrants and prisoners through legal

networks and occupation

Page 35: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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WHAT DOES IT MEAN? A receiving country would create a project where released

offenders can be occupied

The project is SELLING donated clothes and this money is giving salary / coverage to released persons for a new start

Housing

Food

Transportation

Consultation

Etc…

DIGNITY! – slogan from Scandinavian prisons: all we take away is freedom

Page 36: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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Could those games work on governments and public of

Baltic states?

Learn to ask for a missing piece

Page 37: Tuuli Steward - Criminal Penalty - a Form of Exclusion and Marginalization

Tuul i Stewart

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Tuul i Stewart

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[email protected]

Thank you!