NCJ Number
226276
Journal
The Prison Journal Volume: 89 Issue: 1 Dated: March 2009 Pages: 3-20
Date Published
March 2009
Length
18 pages
Annotation
In examining the nature of the Detention Camp at Guantanamo Bay (DCGB) and its internal workings, this article relies on the work of Michel Foucault, who theorized that the modern prison consists of disciplinary techniques implemented by three means: “hierarchical observation,” “normalizing judgment,” and “examination.”
Abstract
“Hierarchical observation” consists of intense observation that is hierarchical in structure, such that it becomes coercive and intrusive, with attention to minute details of individual conduct (Foucault, 1977). “Normalizing judgment” refers to the enforcement of established or desired norms of behavior through specific techniques designed to correct transgressions and minimize deviations from behavioral norms for institutional residents. Within prisons, Foucault refers to “infra-penality,” which refers to the autonomy provided prison administrators and staff in managing the prison as they see fit, so long as it abides by the rule of law. “Examination,” as used by Foucault, is a procedure intended to determine the condition of the prisoner while documenting progress toward a defined objective. By combining the techniques of hierarchical observation and normalizing judgment, “examination” is a procedure aimed at determining the condition of the prisoner while documenting progress toward a defined objective. This article concludes that these three Foucauldian features of the disciplinary management of prison inmates operate at the DCGB without any serious attempt to comply with the rule of law, including international treaties and conventions intended to protect the rights of persons held in state custody. The DCGB believes that an identified dangerous and threatening population (terrorists) are best managed in institutions with hierarchical observation, normalizing judgment, and examination that gives less priority to the rights of the inmate than to maximum control and discipline of his/her thoughts and behavior, such that his/her freedom to be dangerous is virtually eliminated. 4 notes and 78 references