References
Similar proposals have been put forward, and more readily accepted, in relation to other ‘problem persons’. In particular, mental health reformers have long argued that the many mental patients do not require incarceration in asylums and mental hospitals, but can be better treated in the community — see M. Miller,Evaluating Community Treatment Programs (Lexington, Massachusetts: Lexington Books, 1977), and the more sceptical accounts of A. Scull,Decarceration: Community Treatment and the Deviant (New Jersey: Prentice-Hall, 1977), and S. Cohen,Visions of Social Control (Cambridge: Polity Press, 1985).
See Miller,supra n.1, at the Preface and pp. 1–2.
T. Cook,Vagrant Alcoholics (London: Routledge & Kegan Paul, 1975).
Quoted inReport of the Home Office Working Party on Habitual Drunken Offenders (London: M.H.M.S.O., 1971), para. 6.7.
Report,supra n.5, at paras. 6.8–6.12.
D. Goff, “The Legal Position in the USA”, in T. Cook, D. Gath & C. Hensman, eds.,The Drunkenness Offence (Oxford: Pergamon Press, 1969), 89–95.
Ibid..
Ibid..
Report of the Home Office,supra n.5, at para. 7.8.
Report of the Home Office,supra n.5, at app. K. Accounts of the backgrounds of habitual drunkards were based upon research into the backgrounds of selected groups of habitual drunkards, e.g. people appearing in court on drunkenness charges, prisoners with a record of drunkenness convictions, alcoholic patrons at a soup kitchen (see ch.5 of the Home Office Working Party's report and Cook et al,supra n.7, at part A). The researchers compiled biographical details of habitual drunkards and — although they denied his existence — constructed an image of the typical habitual drunkard. This was in order to provide a portrayal of the ‘habitual drunken offender’ as he is, but also to suggest what type of person becomes such an offender and why: “by what processes and interaction of causes his life takes that path” (Home Office Working Party, paras. 5.6–5.11). References to these details and characteristics are scattered throughout a variety of texts, reports and articles. Here, in order to avoid being too cumbersome, I will confine myself to just one or two references for each point. For a fuller description of this material see G. Johnstone,Medical Concepts and Penal Policy (University of Edinburgh, Ph.D thesis, 1989, unpublished), 146–55.
M. Glatt, “Crime, Alcohol and Addiction”,Howard Journal 11/4 (1964), 274–84. See also Report of the Home Office,supra n.5, at para 5.14 & app. K.
T. Cook, “Existing Facilities”, in Cook et al,supra n.7, at 99–108.
J. Hamilton, A. Griffith, B. Ritson, & R. Aitken,Detoxification of Habitual Drunken Offenders (Scottish Home and Health Dept, 1978), ch.7. See also P. d'Orban, “Habitual Drunken Offenders in Holloway Prison”, in Cook et al,supra n.7, at 51–62 and Report of the Home Office,supra n.5, at para. 16.7 and apps. K & N.
Report of the Home Office,supra n.5 at para. 5.13.
Ibid.
D. Gath, “The Male Drunk in Court”, in Cook et al,supra n.7, at 9–26.
Cook,supra n.4.
Ibid. See also Report of the Home Office,supra n.5, at para.16.12.
Hamilton et al,supra n.14, at ch. 11.
Ibid., ch.2.
Gath,supra. n.18.
S. Moody,Drunken Offenders in Scotland (Scottish Office, 1979), 28.
Cook,supra n.13.
Cook,supra n.4, at 32. See R. Light, “Policing Skid Row: Criminal Justice and the Habitual Drunkard”,Policing 2/2 (1986), 151–59 for a more complete account of the origins and development of the term ‘skid row’.
Cook,supra n.4, at 32.
Glatt,supra n.12.
D. Pittman & C.W. Gordon,The Revolving Door: a Study of the Chronic Police Case Inebriate (Glencoe: Free Press, 1958).
Report of the Home Office,supra n.5 at para. 7.8.
Ibid. at para. 7.13.
Ibid. at paras. 7.40–7.47.
Ibid.
Report of the Home Office,supra n.5, ch.10. This criticism was also targeted at ‘staff-directed’ hostels for homeless alcoholics; the paternalism of these hostels was seen as an obstacle to therapy.
P. Archard,Vagrancy, Alchoholism and Social Control (London: Macmillan Press, 1979).
d'Orban,supra n. 14.
Report of the Home Office,supra n.5, at para. 7.11.
Ibid., ch.10.
Cook,supra n.13.
N. Ingram-Smith, “Prospects for the Future in the Community”, in Cook et al,supra n.7, at 145–49.
Cook,supra n.13.
T. Cook, “The Rathcoole Experiment”, app. N ofReport of the Home Office Working Party on Habitual Drunken Offenders (London: H.M.S.O., 1971), 236.
Cook,supra n.4, at 26.
For a more comprehensive discussion of the social structure of the rehabilitation hostel, see Johnstone,supra n.11 at 160–172. A number of experimental hostels were established, such as Rathcoole House in May 1966. For accounts of its regime see B. Pollak, “Rathcoole House — An Experiment in Rehabilitation”, in Cook et al,supra n.7, at 109–114, and Cook,supra n.42, andsupra n.4, at 15–28. A second hostel, ‘Lynette Avenue’, was opened in 1968. Hostels for habitual drunkards are discussed, more generally, in the report of the Home Office Working Party, chs. 10 & 11.
Cook,supra n.4, at 23.
Cook,supra n.42, at 230.
Report of the Home Office,supra n.5, ch. 12.
Cook,supra n.4, at 19.
Cook,supra n.42, at 229.
Ibid. at 230. Cook,supra n.4, at 23, cites one resident of Rathcoole House as remarking: “I came here for sobriety not all this responsibility.”
Report of the Home Office,supra n.5, at ch. 8.
Ibid. at para. 11.26.
Ibid. at para. 11.27.
The reasons for the adoption of this rule are explained by Cook,supra n.42, andsupra n.4, at 17–20.
Report of the Home Office,supra n.5, at 11.27.
Ibid., ch.8.
Cook,supra n.4, at 102.
Ibid. at 24.
Cook,supra n.42, at 231.
Report of the Home Office,supra n.5, at chs. 6 and 15; Cook,supra n.4, ch.15 and Hamilton et al,supra n.14.
Hamilton et al,supra n.14.
Cook,supra n.4, at ch. 4.
Report of the Home Office,supra n.5, at chs. 7–9 & 12–13.
Ibid., ch.14. See also Cook,supra n.4.
Cohensupra n.1, at 57–63.
Cf. D. Garland, “Review Essay: Foucault's Discipline and Punish: An Exposition and Critique”, 4American Bar Foundation Research Journal (1986), 847–880.
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I would like to thank David Garland for his comments on an earlier draft of this essay.
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Johnstone, G. Between permissiveness and control: Community treatment and penal supervision. Law Critique 2, 37–61 (1991). https://doi.org/10.1007/BF01128437
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DOI: https://doi.org/10.1007/BF01128437