Действие первое ПрологNor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind. Enemies in War, in Peace Friends.— We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are> and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crcmm, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliancest establish Commerce, and to do all other Acts and Things which Independent States may of right do.— And for the support of this-Declaration, with a firm reliance on the protection of Divine Providence, ive mutuxilly pledge to each other our Lives, our Fortunes and our sacred Honour. The US. Bill of Bights (1791) Amendment I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment IIL No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defense- Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. European Prison Rules (1990s) L The deprivation of liberty shall be effected in material and moral conditions which ensure respect fur human dignity and are in conformity with these rules. 2, The rules shall be applied impartially. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, birth, economic or other status. The religious beliefs and moral precepts of the group to which a prisoner belongs shall be respected.
8. In every place where persons are imprisoned a complete and secure record of the following information shall be kept concerning each prisoner received: (a) information concerning the identity of the prisoner; (b) the reasons for commitment and the authority therefore; (c) the day and hour of admission and release. [...] 11.1. In allocating prisoners to different Institutions or regimes, due account shall be taken of their judicial and legal situation (untried or convicted prisoner, first offender or habitual of fender, short sentence or long sentence), of the special requirements of their treatment, of their medical needs, their sex and age. 11.2.Males and females shall in principle be detained separately, although they may participate together in organised activities as part of an established treatment programme. 11.3. In principle, untried prisoners shall be detained separately from convicted prisoners unless they consent to being accommodated or involved together in organised activities beneficial to them. 11.4. Young prisoners shall be detained under conditions which as far as possible protect them from harmful influences and which take account of the needs peculiar to their age. [...] 14.1. Prisoners shall normally be lodged during the night in individual cells except in cases where it is considered that there are advantages in sharing accommodation with other prisoners. 15. The accommodation provided for prisoners, and in particular all sleeping accommodation, shall meet the requirements of health and hygiene, due regard being paid to climatic conditions and especially the cubic content of air, a reasonable amount of space, lighting, heating and ventilation. [ J 19. All parts of an institution shall be properly maintained and kept clean at all times. [...] 21. For reasons of health and in order that prisoners may maintain a good appearance and preserve their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.
26.1. At every institution there shall be available the services of at least one qualified general practitioner. The medical services should be organised in close relation with the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality. 26.2, Sick prisoners who require specialist treatment shall be transferred to specialised institutions or to civil hospitals. 27. Prisoners may not be submitted to any experiments which may result in physical or moral injury. 28. L Arrangements shkll be made wherever practicable for children to be born in a hospital outside the institution. However, unless special arrangements are made, there shall in penal institutions be the necessary staff and accommodation for the confinement and postnatal care of pregnant women If a child is born in prison, this fact shall not be mentioned in the birth certificate. 28.2. Where infants are allowed to remain in the institution with their mothers, special provision shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers. [...] 33. Discipline and order shall be maintained in the interests of safe custody, ordered community life and the treatment objectives of the institution. [...] 36.1. No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same act. 36.2. Reports of misconduct shall be presented promptly to the competent authority who shall decide on them without undue delay. 36.3. No prisoner shall be punished unless informed of the alleged offence and given a proper opportunity of presenting a defence. 37. Collective punishments, corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishment shall be completely prohibited as punishments for disciplinary offences. [...] 39. The use of chains and irons shall be prohibited Handcuffs, restraint-jackets and other body restraints shall never be applied as a punishment They shall not be used except in the following circumstances:
(b) on medical grounds by direction and under the supervision of the medical officer; (c) by order of the director; if other methods of control fail, in order to protect a prisoner from self-injury, injury to others or to prevent serious damage to property; in such instances the director shall at once consult the medical officer and report to the higher administrative authority. [...] 41.1. Every prisoner shall on admission be provided with written information about the regulations governing the treatment of prisoners of the relevant category, the disciplinary requirements of the institution, the authorised methods of seeking information and making complaints, and all such other matters as are necessary to understand the rights and obligations of prisoners and to adapt to the life of the institution. 41.2. If a prisoner cannot understand the written information provided, this information shall be explained orally. 42.1. Every prisoner shall have the opportunity every day of making requests or complaints to the director of the institution or the officer authorised to act in that capacity. 42.2. A prisoner shall have the opportunity to talk to, or to make requests or complaints to, an inspector of prisons or to any other duly constituted authority entitled to visit the prison without the director or other members of the staff being present. However appeals against formal decisions may be restricted to the authorised procedures. 42.3. Every prisoner shall be allowed to make a request or complaint, under confidential cover to the central prison administration, the judicial authority or other proper authorities. 42.4. Every request or complaint addressed or referred to a prison authority shall be promptly dealt with and replied to by this authority without undue delay. 43.1. Prisoners shall be allowed to communicate with their families and, subject to the needs of treatment, security and good order, persons or representatives of outside organisations and to receive visits from these persons as often as possible.
45. Prisoners shall be allowed to keep themselves informed regularly of the news by reading newspapers, periodicals and other publications, by radio or television transmissions, by lectures or by any similar means as authorised or controlled by the administration 46. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious, spiritual and moral life by attending the services or meetings provided in the institution and having in his possession any necessary books or literature [...] 48.1, All money, valuables, clothing and other effects belonging to prisoners which under the regulations of the institution they are not allowed to retain shall on admission to the institution be placed in safe custody. An inventoiy thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition If it has been found necessary to destroy any article, this shall be recorded and the prisoner informed, 48.2. On the release of the prisoner, all such articles and money shall be returned except insofar as they have been authorised withdrawals of money or the authorised sending of any such property out of the institution, or it has been found necessary on hygienic grounds to destroy any article. The prisoner shall sign a receipt for the articles and money returned. [...] 52. Prison staff shall be continually encouraged through training, consultative procedures and a positive management style to aspire to humane standards, higher efficiency and a committed approach to their duties. 53. The prison administration shall regard it as an important task continually to inform public opinion of the roles of the prison system and the work of the staff so as to encourage public understanding of the importance of their contribution. to society. [...] 56. All members of the personnel shall be expected at all times so to conduct themselves and perform their duties as to influence the prisoners for good by their example and to command their respect 57. So far as possible the personnel shall include a sufficient number of specialists such as psychiatrists, psychologists, social workers^ teachers, trade, physical education and sports instructors. [...] 63.1. Staff of the institutions shall not use force against prisoners except in self-defence or in cases of attempted escape or active or passive physical resistance to an order based on law or regulations. Staff who have recourse to force must use no more Render. Part I 213 than is strictly necessary and must report the incident immediately to the director of the institution. 64. Imprisonment is by the deprivation of liberty a punishment in itself. The conditions of imprisonment and the prison regimes shall not, therefore, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the.suffering inherent in this. [..,] 68. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of a suitable length, a programme of treatment in a suitable institution shall be prepared in the light of the knowledge obtained about individual needs, capacities and dispositions, especially proximity to relatives. [...] 70.1. The preparation of prisoners for release should begin as soon as possible after reception in a penal institution. Thus, the treatment of prisoners should emphasise not their exclusion from the community but their continuing part in it Community agencies and social workers should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation of the prisoners particularly maintaining and improving the relationships with their families, with other persons and with the social agencies. Steps should be taken to safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to civil interests, social security rights and other social benefits of prisoners. 71.1. Prison work should be seen as a positive element in treatment, training and institutional management, 7L2. Prisoners under sentence may be required to work, subject to their physical and mental fitness as determined by the medical officer. 71.4, So far as possible the work provided shall be such as will maintain or increase the prisoner's ability to earn a normal living after release. 71.5. Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners, [...j 77. A comprehensive education programme shall be arranged in every institution to provide opportunities for all prisoners to pursue at least some of their individual needs and aspirations. Such programmes should have as their objectives the improvement of the prospects for successful social resettlement, the morale and attitudes of prisoners and their self-respect 78. Education should be regarded as a regime activity that attracts the same status and basic remuneration within the regime
79. Special attention should be given by prison administrations to the education of young prisoners, those of foreign origin or with particular cultural or ethnic needs. [..,] 82- Every institution shall have a library for the use of all categories of prisoners, adequately stocked with a wide range of both recreational and instructional books, and prisoners shall be encouraged to make full use of it. Wherever possible the prison library should be organised in co-nperation with community library services. [...] 88. In the case of those prisoners with longer sentences, steps should be taken to ensure a gradual return to life in society. This aim may be achieved, in particular, by a pre-release regime organised in the same institution or in another appropriate institution, or by conditional release under some kind of supervision combined with effective social support. [..,] 89.2. Steps must be taken to ensure that on release prisoners are provided, as necessary, with appropriate documents and identification papers, and assisted in finding suitable homes and work to go to. They should also be provided with immediate means of subsistence, be suitably and adequately clothed having regard to the climate and season, and have sufficient means to reach then- destination. 89.3. The approved representatives of the social agencies or services should be afforded all necessary access to the institution and to prisoners with a view to making a full contribution to the preparation for release and after-care programme of the prisoner [...] 92.1. Untried prisoners shall be allowed to inform their families of their detention immediately and given all reasonable facilities for' communication with family and friends and persons with whom it is in their legitimate interest to enter into contact. [,,.] 100,1. Persons who are found to be insane should not be detained in prisons and arrangements shall be made to remove them to appropriate establishments for the mentally ill as soon as possible.
PART IL PHILOSOPHERS OF LAW Sir Thomas More, 1478—1535 Sir Thomas More was an English statesman and writer, known for his religious stance against King Henry VIII that cost him his life. More was born in London and was educated at one of London's best schools. He later spent two years in the University of Oxford, mastering Latin and undergoing a thorough drilling in formal logic. Among his important thoughts was that the reasons for crime were to be found in economic and social conditions. lie believed that if people lived in a more just and humane society they would behave be
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