Gaëtan Cliquennois

A new risk management for prisoners in France: The emergence of a death-avoidance approach

A new punitive approach in the French prison sector has emerged as a result of the European Court of Human Rights and the French administrative courts exerting pressure on prison governors in response to the complaints made by prisoners’ families, the demands of human rights groups and the requirements of human rights protection bodies. By publicizing cases of suicide and using strategic litigation based on the right to life, human rights groups and barristers have put the prison administration under pressure. The resultant risk management policy and death-avoidance approach are not linked to the decline of the welfare state, as claimed by new penology scholars, but rather to a shared risk management thinking between the prison administration and human rights groups.

Which penology for decision making in French prisons

This article argues that while France’s old penology remains well defended due to professional discretion and individualization of professional judgment in high security prisons (maisons centrales), a new penal trend akin to an actuarial justice is observed in detention centres. This trend consists in governing ‘at a distance’ a mixed population of very different prisoner types. However, a cacophony of voices in the decision-making process, discretion, professional and unions stakes, face-to-face interactions, abilities of inmates to negotiate with staff members as well as disconnections and contradictions between fields of decision making are factors that explain the failure of the new penology in the most secure prisons. These organizational and professional factors are not linked to political conditions such as the welfare state or the new management of poverty as indicated by the authors of the new penology.