International Journal on Criminology Volume 1, Number 1, Fall 2013 | Page 43

International Journal on Criminology Example: In France, between January 1, 1975, and January 1, 1995, the number of persons in prison became 1.98 times higher, an increase of 98% compared to only a 10.3% increase in the number of inhabitants (metropolitan France). Thus, in 20 years, the rate of incarcerated individuals, which can be calculated based on a constant number of inhabitants, went from 49 to 89 per 100,000 inhabitants. Looking at things this way, we can assess the magnitude of the increase in the prison population rate, without having to address issues of causality (i.e., is it because of the increase and structural transformation of crime and criminality? Or the increased severity of trial courts?), and without having to refer to issues relating to the capacity of detention facilities. The concept of prison population inflation (which only makes when observing over a sufficiently long interval of time such that changes are not merely circumstantial) is distinct from the concept of overpopulation of detention facilities. Overpopulation only involves detained persons and refers to the situation on a given date t. If the number of incarcerated individuals decreases significantly over a certain period of time, this would indicate prison deflation. This was the case in France between 1996 and 2000. Again, as previously mentioned, it is important to make a distinction within the prison population between those individuals in prison who are detained and those in prison who are not detained. PRISON OVERPOPULATION: In everyday language, this expression has two fairly distinct meanings: (A) A general sense that "there are too many detainees," without any indication of what criteria are being used to make this claim; (B) a more precise meaning referring to the capacity of detention facilities. This second meaning describes the fact that, at a given moment t, the number of detainees does not correspond to the detention facilities' capacity. Overpopulation is thus evaluated according to prison density and the surplus number of detainees. It is important to make a distinction between overpopulation and the inflation of the number of individuals in prison, or even of the number of persons detained. For example, there could be an increase in overpopulation while the number of detainees remains constant (and therefore no inflation). This would occur, for example, with the closure of a dilapidated facility, the conversion of cells into workshops, etc. Of course, overpopulation and prison inflation are usually linked, but this link can be complex. If there is not enough construction, inflation increases the problem of overpopulation. Yet, does overpopulation mobilize public authorities to decrease inflation by decreasing the use of prisons? Does under-population (which occurs when policies to develop prison buildings are poorly conceived) encourage inflation? Because of the lack of research in this area, we cannot speak with certainty and are compelled to hypothesize. However, it should be noted that making a distinction between the two concepts at least enables us to consider the ways in which they are connected. 12 NUMBER OF SURPLUS DETAINEES: This indicator is crucial for measuring the state of prison overpopulation. 13 Let us consider two detention facilities A and B. On date t, A has 100 functional spaces and B has 150, for a total of 250 spaces. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! the assistance of André Kuhn, Pierre V. Tournier and Roy Walmsley, et al. (Strasbourg: Council of Europe Publishing, 2000). 12 Council of Europe, Prison overcrowding. 13 Pierre V. Tournier, La Prison. Une nécessité pour la République (Paris: Les Editions Buchet & Chastel, 2013). 42!