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PRISONS IN ROMANIA.
EFFECTS
ON OFFENDERS LIVES
Contents
Foreword 7
Abbreviations 11
1.1. Introduction
Political changes brought in 1989 marked the end of almost 45
years of communist rule and repositioned Romania on the path-
ways of democracy and human rights. Yet, much as a legacy of the
old totalitarian epoch, but also due to a series of contemporary
political and economic factors, Romania is currently listed among
the most punitive countries in Europe (Lappi-Seppl, 2011). At
the beginning of 2014, the country imprisoned 167.6 prisoners per
100.000 population. The rate was very much alike to the other for-
mer Communist countries but higher than in nearly all Western
Europe (Council of Europe Annual Penal Statistics, 2014).
Differences in terms of incarceration rates are explained in
cross-national analyses not only by reference to the criminal poli-
cies, but also to the aspects related to political economy. In one
much-cited study, Cavadino and Dignan (2006) have associated the
high rates of imprisonment with neoliberal doctrine of the United
States, the moderate rates with the German conservative corpo-
ratism, and the low rates with the social democratic corporatism
specific to Nordic countries, but also with the oriental corporatism
typical to Japanese society. In another notable study, Lappi-Seppl
14 | CRISTINA DAMBOEANU e-Book
(2011) found that punitiveness and the heavy reliance on the use of
imprisonment are characteristics to the countries with low levels
of social trust, political legitimacy, and social welfare provisions.
Summarizing the findings of prior comparative studies aimed to
understand the differences in levels of punitiveness, Snacken and
Dumortier (2012) reveal, in addition, that those countries with
majoritarian rather than consensual democracies; where judges
and prosecutors are elected; and where crime control policies are
not balanced with human rights are most likely to employ punitive
penal policies. Even a cursory glance at Romanian context reveals
that the country holds much of the aforementioned attributes as-
sociated with penal severity.
Table 1.1: Main indicators of punitiveness, social welfare and political legitimacy
social exclusion2
% of population
imprisonment1
TI corruption
parliament4
protection2
Gini Index2
poverty or
% of GDP
on social
at risk of
Rates of
Trust in
index3
2
According to the data available at www.transparency.org
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social exclusion2
% of population
imprisonment1
TI corruption
parliament4
protection2
Gini Index2
poverty or
% of GDP
on social
at risk of
Rates of
Trust in
index3
Western Europe 100.6 18.8 28.0 30.2 76 41
Northern Europe 60.0 17.1 25.9 32.1 90 62
UK 147.2 24.8 30.2 28.8 76 24
1
Source: Aebi and Delgrande (2014). Council of Europe, Space I Prison Population Survey 2013;
2
Eurostat Database 2013; 3www.transparency.org; 4 Eurobarometer no. 80 (autumn 2013)
Source: For crime rates: Romanian Statistical Yearbook (INSSE, 2011), completed for 2011
and 2012 with official statistics of the Superior Council of Magistracy (Human Resources and
Organization Department, official letter no. 2/27381/1154/27.11.2013 sent at the request of the
Institute of Sociology. For incarceration rates: National Administration of Penitentiaries and the
information available at http://www.anp.gov.ro.
18 | CRISTINA DAMBOEANU e-Book
annually by the court has declined by 1.6 times from 1990 to 1996.
In 1997 and 1998, there was a resurgence of judges reliance on the
use of imprisonment, the proportion of prison sanctions increased
considerably reaching the level of more than 50 per cent in the total
sanctions given by the court.
Table 1.2: Main types of penalties stipulated for specific crimes by the Criminal
Codes: Law no. 15/21 July 1968; Law no. 140/05 November 1996;
Law 286/17 July 2009.
Criminal Codes
1969 1997 2009*
Offences
Simple theft 3 months to 2 years 1 to 12 years 6 months to 3 years
Qualified theft 1 to 5 years 3 to 15 years 1 to 5 years
Robbery 2 to 7 years 3 to 18 years 2 to 7 years
Fraud 3 months to 2 years 6 months to 12 years 6 months to 3 years
Homicide 10 to 20 years 10 to 20 years 10 to 20 years
Qualified homicide 15 to 20 years 15 to 20 years 15 to 20 years
Rape 2 to 7 years 3 to 10 years 3 to 10 years
Prostitution 3 months to 3 years 3 months to 3 years -
Begging 1 month to 3 years 1 month to 3 years -
Vagrancy 1 month to 3 years 1 month to 3 years -
Tariff of conditional release
< 10 years of imprisonment 1/2 2/3 2/3
> 10 years of imprisonment 2/3 3/4 3/4
*entered into force on 1st of February, 2014
increased with 13. The two newest penal institutions were opened
in 2004; both being classified as maximum security prisons for
adults inmates. Over 30 per cent of prisons have been built 160
years ago, 26 per cent are at least 100 years old, and just fewer than
40 per cent are relatively recent constructed (e.g. 40 years or less)
(Brezeanu,2007: 276).
Despite the legal rhetoric, the Romanian prisons are confronted
multiple challenges. By far, the most important is overcrowding.
Currently, the country has an occupational level of more than 150
per cent10, which is translated into a deficit of over 10.000 accom-
modation places. Since a law of pardon and amnesty hasnt been
adopted recently11, this forces all except one Romanian prisons to
operate over the designed capacity. The worst situation is found in
six prisons (two of maximum security and four of open/semi-open
regimes) that incarcerate more than twice as many inmates as the
European standards admit. Furthermore, some prisons do not pro-
vide suitable conditions for semi-open and open regimes (GRADO,
2008). Recently, the Romanian Ministry of Justice has declared that
at least 6 new prisons are needed in order to remedy the problem of
overcrowding, an investment that will cost Romania approximately
half billion of euros. The governmental decision that regulates the
construction of the first two new facilities has just been subjected
to public debate, but obvious pessimism surrounds its future giv-
ing the huge financial effort, but also the levels of public opinion
opposition.
The CPT reports, as well as the evaluations conducted by dif-
ferent national NGOs continuously have drawn attention to the
10
Calculated on four squares meters per person, the European Council
standard in terms of inmates housing.
11
Pl-x no. 162/2013, legislative proposal for amnesty and pardon was
rejected in November 2014.
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aged over 41. Young people between 18-21 years make up about 5
per cent of the number of prisoners, slightly over the EU average
(4.7 per cent), and half the percentage recorded in the period 1990-
1998. Juveniles record the lowest proportion in the overall number
of prisoners (1.4 per cent), a value very much alike to the EU average
(1 per cent). Their fraction has also substantially decreased by about
5-6 times when compared with the levels registered
in 1991-1993.
Recidivists represent over 45 per cent of the incarcerated per-
sons (final convicted and on pre-trial detention as well). Their pro-
portion increased by 3 times from 1990 to 2003 (from 14 per cent
to 45 per cent) and remained relatively stable at this level until now,
even if, as we have previously shown, a series of important legisla-
tive measures have been adopted in this interval.
Almost half of Romanian prisoners are incarcerated for prop-
erty offences, whereas less than a third is imprisoned for crimes
against persons (see Table 1.3). Only 4 per cent are serving prison
sentences for drug offenses. Comparisons with EU countries on
these particular types of offences reveal interesting differences. As
such, Romania incarcerates almost 1.5 times more offenders for
theft than the European average. The country actually is placed sec-
ond, after Bulgaria, in the hierarchy of EU Member States with the
highest proportion of prisoners imprisoned for theft. The percent-
age of people incarcerated for homicide is as well 1.5 times higher
compared to the EU average: 19 per cent versus 12.7 per cent), and
also places the country in top four, after Finland (23.6 per cent),
Lithuania (22.8 per cent) and Estonia (21.5 per cent). Instead, in
terms of the proportion of prisoners sentenced for drug offens-
es, Romania incarcerates about 5 times fewer offenders than the
European average (4 per cent versus 20 per cent). In fact, Romania
along with Poland has the lowest proportions of prisoners convict-
ed for drug offenses in EU.
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Table 1.3: Conviction offence of prisoners in Romania and in the EU, 2013
Romania EU
Homicide 19.1 12.7
Rape 5.8 4.7
Theft 31.0 15.4
Robbery 17.9 13.3
Drug traffic 4.0 17.0
Organized crime 4.7 1.1
Source: Aebi and Delgrande (2014). Council of Europe, Space I Prison Population Survey 2013
Romania EU
10-20 years 14.7 9.7
> 20 years 3.2 3.0
life sentence 0.5 2.6
other 0.0 1.4
Source: Aebi and Delgrande (2014). Council of Europe, Space I Prison Population Survey 2013.
period15 and in their short episodes of living were under high po-
litical and ideological control. Social studies were mainly focused
on art, literature, and industrialization, while the few studies in the
field were mainly limited on studying juvenile delinquency.
1.91. Methodology
Preferably to study the effects of incarceration one would like do
a prospective longitudinal study, i.e. following people before, dur-
ing and post prison, and with an experimental group (people with
(long) prison sentence) and a control group (people with (short)
prison sentence). However, under the current study, this was rather
impossible, and therefore a cross-sectional research design has been
adopted. The most important is related to the length of sentence.
As noted above, since 97 per cent of prison sentences are of more
than one year in Romania, it would have taken a long time to com-
plete the study. For example, if to an average length of confinement
of 3-5 years, it adds 1-2 years of follow-up, the result is a period
of data collection between 4 and 7 years. Given the limitations of
the duration of the study at two years, it becomes evident that the
longitudinal approach although ideal, was not feasible. An alterna-
tive option would have been to focus on inmates incarcerated for
maximum 1 year, but the relevance would have been limited since
they represent only 3% of all incarcerated inmates.
Main research
Research instruments
The study was based on a small-scale survey, as well as on of-
ficial records drawn from the prisons administration electronic
database. The questionnaire was structured on eight dimensions:
data about parents and childhood; history of crime; history of al-
cohol and drug use; the experience of imprisonment; the relation-
ships with life-partner before and during detention; relationships
with children before and during detention; human capital and
participation in prison programs and work activities; relation-
ships with friends before and during incarceration. In addition,
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Research settings
Prison research has clearly its own particularities since it takes
place in a closed institution (Goffman, 1961) defined by very strict
security and control rules. As such, the access of researchers, the
access with certain research tools (e.g. audio recorder), the selec-
tion of research sample, the schedule and the actual meetings be-
tween prisoners and researcher for the administration of survey
are almost entirely dependent on the prison staff. Therefore, the re-
searcher is often forced to adapt his research plan based on the con-
straints of this environment. There have been some adjustments to
initially set methodology in this research as well.
18
Data on prisoners participation in prison programs couldnt be
accessed.
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Participants
The respondents have been proportionally selected with the
overall number of inmates incarcerated in the aforementioned
four prisons, according to the time they already spent in deten-
tion: long-serving prisoners, who had spent in prison more than
five years of their current sentence, medium-serving prisoners,
who had served between two and five years of their term and
short-serving prisoners, who had served less than two years of
their sentence. Specifically, in each prison, the respondents have
been randomly recruited from three lists, order alphabetically
with all adult male inmates who received a final conviction and
who were imprisoned for the corresponding three periods of time
mentioned above. However, in order to have groups of roughly
equal size, long-serving prisoners were over-represented in the
sample at both Giurgiu and Craiova. Also, at Tulcea, only this cat-
egory of prisoners has been selected for the study. The overrepre-
sentation of prisoners incarcerated for more than 5 years lead to
an overrepresentation of inmates imprisoned for violent offences,
especially homicide.
The initial sample consisted of 320 participants to whom a
questionnaire was administrated. For all respondents who gave
their written consent, additional data on disciplinary behaviour
and other information about their institutional status were further
collected via official records drawn from the prisons electronic da-
tabase. 94 per cent of the survey participants (305 of 323 inmates)
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2.1. Introduction
Imprisonment has been traditionally invested with several
crime prevention goals such as incapacitation, rehabilitation, and
specific deterrence; yet, controversies surrounding its efficiency in
achieving these goals have been largely disputed in the correctional
literature. One of the focal points of these controversies gravitates
around the criminogenic effects of imprisonment.
On the one hand, scholars have argued that prison violence, es-
pecially its major forms such as robbery, physical assaults, sexual
aggressions and homicides question the incapacitation effect of
imprisonment, since prisoners continue to offend instead of stop-
ping while incarcerated (DeLisi, 2003). Prison violence is further
considered a sign of resistance to rehabilitation and reformation
(Thomas, 1973), as much as a contributor to post-prison recidivism
and antisocial behaviour continuity (DeLisi, 2003; Trulson et al.,
2011; Cochran et al., 2014); thereby it is thought as undermining
the specific deterrence argument that prisons are places that scares
the offenders straight (Nagin, 2012).
On the other hand, victimization in prison yields a wide range
of immediate and tangible negative effects on individual prisoners,
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prisoners ally with each other and form their own social system
based on specific norms (e.g. the inmate code) and specific social
structure (e.g. the argot roles).
The emergent subculture is defined by its profound antithetical
orientation toward conventional values and its general appeal to
prisoners loyalty and solidarity against prison staff. Arguably, the
models basic assumption is that the more deprived the experience
of imprisonment is, the deeper will be the prisoners immersion
in the prison subculture and consequently, the higher will be their
involvement in prison violence. For example, some prisoners may
take the role of gorilla getting the desired goods from other pris-
oners by means of violence and coercion. In the same way, prison-
ers may adopt the role of wolves and engage in sexual aggressions
toward other prisoners in order to overcome the deprivation of
heterosexual relationships and to reaffirm their masculine outlook.
Goffmans (1961) theory of total institution is also emblem-
atical for the deprivation model. According to the author, prisons,
like the elderly or child care institutions, mental health hospitals,
military barracks, monasteries, are such institutions that cuts off
the individuals from the outside world. Through successive sta-
tus degradation ceremonies to which prisoners are subjected to
since admittance, prisons denude individuals of their former civil
roles and personal identities and prepare them to become institu-
tionalized. All prisoners experience an assemblage of humiliations
and attacks on the self as a consequence of losing their physical
autonomy and capacity for self-governance under prisons intru-
sive control. To counteract the corrosive action of prison and to
reinstate a sense of autonomy and self-worth, prisoners embrace
several forms of secondary adaptations; some of them such as
inflexible tactics are focusing on rebellion, noncompliance and
the constant refusal to cooperate with prison staff.
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The procedural justice theory has also evolved from the classi-
cal model of deprivation. It associates prison violence with prison-
ers feelings of being deprived of a fair treatment and subjected
to deficits in legitimacy of rules. At the heart of this perspective
lie the relationships between prisoners and prison staff. Liebling
(2011a: 534) notices in this regard that the absence of respect and
fairness is experienced as psychologically painful. Being treated
disrespectfully or without dignity generates negative emotions
such as anger, tension, indignation, depression and rage; all may
lead further to disobedience, violence and misconduct. On the
contrary, when prisoners are treated with respect and equity, and
power is accepted as legitimate, obedience is more likely to happen,
information flow between prison staff and prisoners will be more
facile, trust will develop, and well-being will increase (Liebling,
2011b).
Prisoner victimization
As already mentioned, few studies have focused on correlates
of prisoner victimization. The existent ones found that prison re-
gime is the most relevant deprivation characteristics explaining
victimization in prison. Similar to the findings reported in the
case of prison violence, prisoners held as maximum security levels
have higher likelihoods of becoming the victim of prison violence
(Cooley, 1993; Prez et al., 2010). Participation in prison programs
and work has as well been tested in relation to prison victimiza-
tion. Wooldredge (1998), for example, found that the hours spent
in educational classes relate to a lower probability of being victim-
ized by physical assaults. Yet, the number of hours spent at a prison
job, and the participation in vocational training were not related to
this type of victimization. Interesting, the number of hours spent
in recreational activities actually increases the likelihood of being
victimized. In another notable study, Prez et al. (2010) revealed
that paid job assignment was related to low likelihood of being vic-
timized by prison staff; it was not related with the probability of ex-
perience victimization by other prisoner. According to their study,
time served, another deprivation characteristics, was significantly
associated with higher chances of being victimized by other pris-
oners and with lower chances of being victimized by prison staff.
Prior studies documented that among the importation characteris-
tics, age holds the strongest relationship with prison victimization.
As such, younger prisoners are more likely than adult prisoners
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Dependent variables
Information on prisoners experience of violence both as
perpetrator and victim was obtained from prisoners survey. As
such, respondents were asked to indicate the frequency of prison
victimization experiences during the current sentence. A broader
definition of victimization was used including 13 types of possi-
ble violent behaviours exerted either by other prisoners or prison
staff: threat, harassment, humiliation, verbal aggression, hitting,
serious injury, theft and receiving drug deals. Response options
were distributed on a scale of 1 to 4, where 1 corresponded to the
option never and 4 to option over 10 times. Subsequently,
subjects were asked to indicate the frequency with which they
themselves have exerted the same types of behaviours on other
prisoners or prison staff. Two general scales one of victimization
Details on sampling procedure are presented in Chapter 1
22
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Independent variables
Congruent with deprivation theory, the following characteris-
tics were included in the analyses: prison regime measured at the
time of the interview (1 = maximum security and close regime
(55%); 0 = open and semi-open regime); time served (1 = 5 years or
more (31%); 0 = else); and length of sentence (1 = 5 years or more
(73%); 0 = else). Also, a variable gauging prisoners perceptions on
prison conditions was incorporated in the analyses. The measure
was created by first averaging prisoners responses to four items on
how problematic is for them to share cell with other prisoners, the
quality of food, overcrowding, and poor sanitation. They could rate
these items on a four-point Likert scale ranging from 1 = problem-
atic in a very small extent to 5 = problematic in a very great extent).
The variable was then dichotomized: 1 represented the scores of 4
or higher (45%) and 0 the scores of 3 or less.
Three other variables included in the analyses were drawn from
environmental opportunity perspective: participation in prison
work (1= yes, for at least 6 months (28%); 0 = else); participation in
skills programs (1= yes, (42%); 0 = else); receiving visits often and
very often by at least one member of the family/group of friends (1 =
yes (50%); 0 = no);
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Method
A sub-sample of 155 prisoners who have less than two years
left until being hearing for conditional release have been extracted
from the original final sample. The decision to restrict the sam-
ple to this particular category of prisoners was motivated by the
intention to avoid the potential biases that might have arisen
from the use of measure(s) during the entire period the inmates
have been incarcerated. The statistical analyses start with descrip-
tive analyses carried out in order to examine the prevalences of
prison violence and prison victimization. Bivariate analyses us-
ing the independent T-test are then conducted in order to test the
relationships between prisoners victimization and violence on
the one hand and each deprivation, environmental opportunity,
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2.8. Results
Prisoners as victim of violence
In the first stage of the analysis, the prevalence of various types
of prison victimization/ prison violence is examined. The results
revealed a relatively high prevalence of victimization in the inves-
tigated group. Thus, approximately 63% of all survey participants
reported at least one victimization experience during the current
sentence (see Figure 2.1). However, about 95% of the respondents
have achieved an average score of 2.4 on the victimization scale
meaning that the majority has indicated at most 1 to 5 episodes.
Depending on the perpetrator of violence (prisoner or prison staff),
60% of respondents said they did fall victims of various kinds of
violence by other prisoners; nearly one-third have mentioned they
were mistreated by prison staff (see Figure 2.1).
In terms of types of violence, threats and insults have the high-
est prevalences (see Figure 2.2). Thus, about 45% of the sampled
prisoners admitted they had been threatened, and 41% said they
had been insulted at least once by other prisoners. More than a
quarter claims they were insulted by prison staff (29%) or hit/
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Bivariate analyses
In the second stage of the analysis, bivariate relationships be-
tween each deprivation, environmental opportunity, procedural
justice, and importation characteristic on the one hand and over-
all self-reported prison victimization/ violence on the other hand
were performed (see Table 2.2).
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The results of bivariate analysis further show that age is the only
importation variable significantly related with self-reported prison
victimization. In line with prior studies, incarcerated persons of 35
years or older have lower self-reported prevalences of being victim-
ized than younger prisoners (49% versus 68%). Curiously, the other
socio-demographic characteristics (e.g. education, marital status,
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Prison victimization
According to the regression models presented in Table 2.A in
the Appendix, prison regime is the only deprivation characteristic
that remains significantly related to both overall and prisoner-to-
prisoner victimization prevalences. Specifically, the odds of experi-
encing overall prison victimization are five times as higher for pris-
oners held at maximum security and closed regimes than for those
confined at open and semi-open regime holding other character-
istics constant. For prisoner-to-prisoner victimization, the odds
are eight times as higher. Interestingly, prison regime does not sig-
nificantly relate to staff-to-prisoner victimization. Instead, another
deprivation factor length of sentence is relevant. Prisoners con-
victed to longer sentences are more likely to report victimization
by prison staff compared with prisoners that have received shorter
prison penalties. Moreover, time spent in prison was one of the
correlate for prison-to-prison victimization. Congruent with our
assumptions, the likelihood of such victimization is higher for pris-
oners who already spent five or even more years in prison than for
those who served less time incarcerated.
The environmental opportunities variables proved as well to be
significantly but differently related to the types of prisoner victimiza-
tion included in the analyses. On one hand, unlike non-participants,
prisoners who attended prison skills programs were significantly
less likely to report an incident of victimization in prison. On the
other hand, and contrary to our anticipations, prisoners who worked
(longer) in prison have significantly higher probabilities to report vic-
timization by other prisoners. Actually, the odds of being victimized
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by other prisoners are two times as higher for them than for prison-
ers who did not work in prison or worked less than 6 months. The
procedural justice variable measuring prisoners perception on treat-
ment by staff is significantly related to overall and staff-to-prisoner
victimization. More precisely, the odds of experiencing any type of
victimization are three times as higher for prisoner who rated as
problematic/very problematic their treatment by prison staff than for
those who stated otherwise. For staff-to-prisoner victimization, the
likelihoods are eighth times as higher. The only importation charac-
teristic that proved to be significantly related to prison victimization
is education, but its relevance is limited to staff-to-prisoner victimi-
zation only. Contradicting our theoretical suppositions, the likeli-
hood of reporting this type of victimization is higher among more
educated prisoners than among those with lower levels of education.
Curiously, neither age nor other socio-demographics (e.g. marital
status, fatherhood) or criminal history variables were significant cor-
relates of any of the types of victimization included in the analyses.
Prison violence
The results of logistic regression for participation in overall
prison violence and specific categories are shown in Table 2.B in
the Appendix. Also in this case, prison regime turned to be the only
deprivation characteristics significantly related to overall prison
violence as well as to prisoner-to-prisoner violence. The odds of
participation in overall violence were three times as higher for pris-
oners incarcerated at higher security levels than for those housed in
softer regimes, and eighth times as higher in the case of prisoner-
to-prisoner violence. Similar to the model on staff-to-prison vic-
timization, length of sentence was also related to its counterpart:
prison-to-staff violence. As such, prisoners convicted to sentences
of five years of imprisonment or more are significantly more likely
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prison violence and prison victimization. Its main goal was to ex-
pand the existing scholarship, largely dominated by the U.S. stud-
ies, by exploring the relationships between certain importation
and deprivation characteristics (including environmental oppor-
tunities and procedural justice measures) and the prevalences of
various types of prison violence and prison victimization: overall
victimization/overall violence, prisoner-to-prisoner victimiza-
tion/violence, and staff-to-prisoner victimization/prisoner-to-staff
violence. The main purpose of our approach was to test whether
the factors associated with prison violence are similar to that ex-
plaining prison victimization. Unique self-reported data collected
among the sample of Romanian prisoners were used to investigate
whether it is the depriving nature of imprisonment that favour
prison victimization/prison violence or rather the characteristics
of prisoners themselves incite to that. The study also examined
whether several environmental opportunity factors such as par-
ticipation in skills programs, working in prison and being visited
often and very often may act as buffer against victimization/vio-
lence. Not least, the contribution of procedural justice (e.g. the way
prisoners perceived that they were treated by prison staff) was as
well explored.
The findings of this study confirm that measures of both models
hold significant relationships with prison victimization and prison
violence. Still, it was found that the characteristics drawn from
deprivation model better explain prisoners participation in vio-
lence both as victim and perpetrator. As such, the study stands in
line with early empirical findings asserting that prison regime is a
relevant correlate for prison violence as much as for prison victimi-
zation (Innes, 1997; Prez et al., 2010; Worrall and Morris, 2011).
Prisoners incarcerated at higher security regimes are more likely
to be involved as victims and perpetrator as well in overall and
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the US, for example, more than half of the sentenced state prison-
ers are convicted for violent offenses, and only 18% for property
offenses (Carson and Sabol, 2012). In Romania, about one third of
prisoners are serving time for violent offenses and almost 50 per
cent for property offenses (NAP, 2014). The most inquiring find-
ing was the absence of significant relationships between prior in-
carceration and any of the three types of violence included in the
study except prisoner-to-staff violence.
APPENDIX 2.A
Table 2.A: Regression of the deprivation (including environmental opportunity
and procedural justice) and importation measures on overall self-reported
victimization and sub-types.
Overall Prisoner-to-prisoner Staff-to-prisoner
victimization victimization victimization
B S.E. B S.E. B S.E.
Deprivation factors
Served 5 years or more .885 .757 1.444 .743 .541 .596
Convicted to 5 years or more of .423 .521 -.056 .516 1.041 .555
imprisonment
Confined at maximum security 1.665*** .601 2.140*** .596 .217 .531
and closed
Highly discontent by prison conditions -.094 .442 -.039 .432 .329 .452
Environmental opportunity factors
Receiving visits often and very often .108 .460 .263 .456 -.432 .481
Participation in work programs .706 .483 .830 .475 -.092 .498
Participation in skills programs -.760 .429 -.693 .423 -.533 .439
Procedural justice factors
Highly discontent by prison staff 1.220** .602 .789 .557 1.965*** .506
Importation factors
Aged 35 years or older -.234 .472 .168 .468 -.054 .536
Completing 8 grades or more .152 .455 -.031 .444 .809 .473
Having partner at time of .001 .473 -.227 .465 .332 .469
incarceration
Having underage children .027 .476 .008 .470 -.068 .493
Being convicted for a violent offense -.344 .608 -.595 .608 .441 .550
Having prior incarcerations .191 .470 .050 .464 .136 .506
Intercept -.486 .662 -.635 .659 -2.451** .758
***p<0.001; ** p<0.05; p<0.10
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APPENDIX 2.B
Table 2.B: Regression of the deprivation (including environmental opportunity
and procedural justice) and importation measures on overall self-reported
violence and sub-types.
Prisoner-
Overall Prisoner-to-staff
to-prisoner
violence violence
violence
B S.E. B S.E. B S.E.
Deprivation factors
Served 5 years or more 1.116 .724 1.029 .659 .418 .670
Convicted to 5 years or more of imprisonment .596 .567 .528 .541 1.544 .793
Confined at maximum security and closed 1.238** .532 .900 .499 .966 .618
Highly discontent by prison conditions -.353 .461 .038 .437 .032 .540
Environmental opportunity factors
Receiving visits often and very often -.505 .469 -.423 .453 .279 .586
Participation in work programs -.032 .525 .006 .500 -1.287 .695
Participation in skills programs -.216 .441 -.019 .424 -1.127 .577
Procedural justice factors
Highly discontent by prison staff 1.035 .562 .828 .515 .342 .581
Importation factors
Aged 35 years or older -1.100** .529 -1.137** .523 -.874 .756
Completing 8 grades or more -.045 .459 .116 .445 .483 .562
Having partner at time of incarceration -.647 .502 -.352 .475 -1.100 .607
Having underage children .117 .509 .221 .492 1.333** .638
Being convicted for a violent offense -.655 .625 -.559 .583 .390 .669
Having prior incarcerations .797 .498 .629 .477 1.161 .607
Intercept -.421 .673 -.940 .664 -3.253** .943
***p<0.001; ** p<0.05; p<0.10.
CHAPTER 3
PRISONERS CONJUGAL RELATIONSHIPS
AND DETERMINANTS OF SEPARATION
3.1. Introduction
A growing body of literature asserts the key role that prison-
ers families play in promoting the offenders social reintegra-
tion and desistance from crime (Hairston, 1991; Mills and Codd,
2008). It is argued that families provide prisoners with social, eco-
nomic and emotional support during incarceration, thus mini-
mizing the pains of imprisonment and preventing the negative
effects of prisonization / institutionalization (Codd, 2007). After
release as well families may offer prisoners practical assistance,
as much as moral upholding so they can successfully overcome
the multifaceted challenges raised by the process of resettlement
(Mills, 2005).
Research interested to assess the collateral consequences of im-
prisonment on family relationships have documented that prison
influences are varied in type, intensity and meaning. In some cases,
such as of unhappy families or of relationships consumed with do-
mestic violence, alcoholism, tension and conflict, enforced sepa-
ration caused by incarceration may have beneficial effects, bring-
ing at least a temporary relief for its members (Shaw, 1987). An
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with few notable exceptions (see Apel et al., 2010; Massoglia et al.,
2011), little is known about the factors underlying the relationship
between imprisonment and conjugal dissolution although as
mentioned before most prison studies assert it. And even less is
known about the factors that counteract this negative outcome as-
sociated with imprisonment. As such, the current study tests sever-
al criminological presumptions that relate time spent in prison, the
length of sentence and prior incarcerations to separation from life-
partners. It also assesses several variables depicted from sociologi-
cal theories of marital investment and preparation for marriage for
their protective role against couple dissolution. In the same time,
the study brings relevant inputs to the existing qualitative literature
by focusing on prisoners accounts. Much of the current research
on prisoners families is based on the narratives and standpoints
of prisoners wives or life-partners (see Fishman, 1990 Comfort,
2007; Christian and Kennedy, 2011). Although this approach has
proven valuable in several respects, it should definitely be accom-
panied by the one focused on prisoners perspectives in order to
better understand the contexts leading to separation and to design
specific prison interventions that could help prisoners to preserve
their family relationships.
The study starts by reviewing the theoretical and empirical
literature pertaining to the consequences of imprisonment on
the stability of conjugal relationships. Thereafter, the Romanian
prison policy regarding prisoners contact with families is shortly
discussed. The data and methods of the current chapter are next
described, followed by the results sections: the first part pre-
senting the quantitative results, and the second the qualitative
ones. The chapter concludes with discussion and several policy
recommendations.
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3.5. Results
3.5.1. Quantitative findings
Figure 3.2: Distribution of prisoners answer to the question: At what time since
your incarceration did the separation occur?
108 | CRISTINA DAMBOEANU e-Book
Figure 3.3: Distribution of prisoners answer to the question: What do you think
were the main reasons you and your wife/life-partner get separated?
Bivariate analyses
In line with prison effects literature, we have hypothesized that
lengthy conviction as much as longer periods spent in prison will
increase the chance of spouses separation. The results of bivariate
analysis support partially this hypothesis. As such, prisoners con-
victed to prison sentences of 5-years or more are twice as likely
to be separated from their life-partners then those sentenced to
shorter prison penalties. Contrary to our expectation, time already
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Separated by life-partners
Yes No Sig
Preparation for marriage
Prisoners partners age (35 years or more = 1) 0.38 0.43
Prisoners age at interview (35 years or more = 1) 0.28 0.48 ***
Prisoners partners level of education (8th grades or more = 1) 0.38 0.46
Prisoners level of education (8th grades or more = 1) 0.36 0.46 **
Prisoners age at marriage (25 years or less = 1) 0.54 0.35 **
Controls
Violent offence at conviction (yes = 1) 0.58 0.26 ***
History of violent offences (yes = 1) 0.44 0.34 **
***p<0.001; ** p<0.05; p<0.10
~ Table shows results of T-test
Logistic regression
In order to examine the relationships between separation and
each (independent) characteristic holding constant the other ones,
a logistic regression analyses was employed. The results show that
only three factors were related with prisoners separation from their
life-partners during incarceration. Although holding a moderately
significant relationship (p<0.10), time served in prison came out as
a strong correlate of dissolution of conjugal relationships. In line
with our assumptions, prisoners who have already served 5 years
112 | CRISTINA DAMBOEANU e-Book
B S.E.
Prisoners level of education (8th grades or more = 1) -.522 .489
Prisoners age at marriage (25 years or less = 1) .598 .496
Controls
Offence at conviction (violent = 1) .563 .409
History of violent offences (yes = 1) -.189 .421
Intercept .519 .741
***p<0.001; ** p<0.05; p<0.10
average age was 35 and the majority were either long-term pris-
oners who had already served more than five years in prison or
those who, although relatively newly imprisoned, were facing long-
er prison terms. According to these men, the context and reasons
which left to the dissolution of the relations are extremely varied.
First, separation can intervene at each of the stage of criminal trial.
As such, some of the interviewed subjects declare that the separa-
tion occurred upon the arresting and coincided with the moment
when the women found out of the mens offending behaviour. The
case of S.C. aged 42 is exemplary. Owner of a company active in
the field of the distribution of surveillance and telecommunication
systems, he was condemned for fraud to 13 year of imprisonment.
The prisoner stated that he has been married for almost 10 years
and together with his wife they have a 9 year-old child. Lawyer by
profession, the woman divorced him immediately after he was ar-
rested. After separation, she didnt maintain contact with the man,
as she has not visited him nor has she kept any phone connection.
In his case, the conjugal breakup was associated to the shame his
partner felt due to the mans criminal behaviour and arresting, both
in deep contradiction to her lifestyle and profession.
For others, the moment of the arrest represented a real shock
and the period of the judiciary procedure one with a deep emo-
tional impact. One of the participants in the study (L.C., aged 41
years old), convicted to 7 years of imprisonment also for fraud, as-
serted that he was the one who separated from his wife during the
criminal process on the background of the emotional stress and
anxiety he felt during that period. In this regard, he confessed that,
although his wife was supportive, the arresting and the criminal
process caused him a veritable trauma: he could not sleep, was
stressed, felt helpless and could not come to terms with anyone. In
this context, the relationships with his wife terminated.
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Schafer (1994: 29) as well found that the willingness of young fe-
male partners to bear the loss of both companionship and sexual
intimacy may depend on the duration of this hardship. As such, the
man in our study mentioned that during the first six months of im-
prisonment, the woman came to visit him once or twice per month,
and then the frequency of the visits decreased constantly, to once in
two months, once in three months, until they stopped for good. He
confesses that the woman announced him in a letter that she is leav-
ing him as she was in a relationship with another man. During the
interview, the man stated that he is grateful to her that she was hon-
est and has not hidden such a thing from him. He further told with
regret he tried to make her change her mind, but the possibilities
of contacting her and talking to her were limited in prison due to
the financial costs of the phone calls. He considered that chances of
reconciliation after release were nil. Consequently, he admitted the
challenging issues of reunification, and declared that if they would
have eventually resumed to live together, quarrels and reproaches
would come up with the potential to degenerate into much more
serious conflicts: knowing that she left me and that she was not by
my side when it was hard for me, I am not thankful to her for that, I
would have a quarrelling feeling, I would quarrel her.
Some claimed that it was they who had ended the relationships
with their partners. They invoke somehow altruistic reasons saying
that they thought about their partners, the fact they were young and
had to move on with their lives in their absence. S.F., aged 26 and
convicted to 2 years and 8 months for manslaughter following a car
accident, claimed that it seemed inhuman to ask his partner to wait
for him during his prison term, especially that the woman was back
then attending the courses of a faculty and he would not have want-
ed her to stop doing this. The two were together for three years and
a half. Similar to the previous interviewee, he also stated that he did
118 | CRISTINA DAMBOEANU e-Book
us and we should not form our way of thinking that way. We should
be able to pass to more than these things, but having in mind this
criminal life, we have to be grandiose, brilliant! Oh, God, we do, we
undo! We deserve everything!
To avoid the status degradation, they chose to break the relation
at the slightest sign of suspicion. Some resorted to direct (e.g. fre-
quent phone calls) and indirect forms of partners control: friends
or family members are asked to supervise the womens behaviour.
In this regard, Nurse (2001: 383) showed that in the community
men are able to monitor the behaviour of their girlfriends and
make sure that they are being faithful and are acting in what they
consider to be an appropriate manner. The institution turns the
power relationships upside down. () the men are no longer in
the position to monitor or control womens behaviour.
Especially for Roma families, women fidelity is highly prized.
They hold a very rigid distribution of family roles based on the tra-
ditional male domination. According to their own accounts, men
are not to blame for their own infidelity; actually they often de-
scribe it in laudatory terms, connecting it to masculinity and man
sex roles. Yet, they demand their partners to be loyal: they have
to be obedient, devoted, and not to ignore a word they are saying.
Most important, they have the duty to stand by their men no mat-
ter what. One of the respondents, aged 29 years old and recidivist,
convicted to 7 years of imprisonment for attempted murder, men-
tioned: It was her obligation! While I was out, maybe I risked a
lot for her, for the family. I risked for them. People would greet her
when she crossed the street. It did not matter what was her age.
People respected her! No one asked her anything. The man sepa-
rated from his concubine after the woman, influenced by her fam-
ily, started disobeying him. He further recounted that she became a
prostitute and end up dead somewhere in Spain.
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are the men convicted for white-collar crimes. They either claim
to be innocent, arguing that their file is a manufacture, or consider
the undertaken deed to be an accident and a lack of justice. Similar
to the non-starters in Burnetts (2004) and Schinkels (2015: 9)
typologies of offenders, they assume the identity of non-criminal;
consequently, they claim it is not in their nature to do criminal
deeds and have the certitude that not even in the future shall they
perform criminal deeds. Men in this group have rich personal re-
sources. Most are higher education graduates, and before impris-
onment they had a high socioeconomic status and a good financial
standing. Some practiced law; others were responsible with the
management/ control of public institutions (like police inspector-
ate, financial guard) or ran their own business.
These participants describe their relations with the life partners
as based on support, trust and mutual understanding. Even if as cou-
ple they encountered several problems, these were rather minor and
characteristic, to a larger or smaller extent, to almost any conjugal
relation. The really difficult moments, if they existed within the cou-
ple, instead of estranging them, consolidated the couple life. In fact
they share the opinion that, when there are strong feelings between
the partners, the problems unite and not divide them. Men in this
group characterize their wives as being compassionate, dedicated to
family life, loyal, but also combative, ambitious and stronger persons.
Before being arrested, they spent enough time together, under-
taking various domestic and/ or recreational activities. Men tell
that before their imprisonment, women lived the shock of their ar-
resting, passed together with them through the encumbrance of
the judiciary procedure, supported and encouraged them when
they found out the definitive conviction. A prisoner aged 40 years
old admits that his wife faced this entire burden of his handling
through the phases of the criminal justice system playacting,
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3.6. Conclusions
Using a unique research design that combined quantitative and
qualitative data, the current study aimed at identifying the factors
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4.1. Introduction
Employment is commonly perceived by researchers, policy-
makers, and prison practitioners alike as the cornerstone of of-
fender reintegration and desistance from crime (Sampson and
Laub, 1993; Visher and Travis, 2003; Petersilia, 2005; Pager, 2007;
Weiman, 2007; Bushway and Apel, 2012). It is widely acknowl-
edged, however, and the international literature offers compelling
evidence, that prisoners (re)entry on the labour market is severly
limited by numerous social, economic and legal barriers. One of the
most challenging refers to human capital deficits that characterize
the people locked behind bars. A vast scholarship has documented
that prisoners are unduly drawn from the under-educated and un-
der-skilled segments of the population (Western et al., 2001; Visher
et al., 2011; Ramakers et al., 2015). They display high levels of illit-
eracy and few have graduated high-school. Their pre-prison work
24
Special thanks to Anke Ramakers, assistant professor at Leiden
University, for her comments and suggestions to this chapter.
132 | CRISTINA DAMBOEANU e-Book
Signalling theory
The attitudes of prisoners toward their chances of (re)entering
the labour market are also influenced by their perceptions on how
employers see and treat them as potential job-candidates. The per-
ception of the stigmatizing effects of the criminal record is a core
element in developing these attitudes. Criminal record is conceived
as a form of status degradation (Schwartz and Skolnick 1962:
136) and/ or as negative credential that cancels any other posi-
tive achievements the individuals might have previously acquired
(Pager, 2007: 32). The explanations of these powerful stigmatizing
effects are mainly rooted in labelling perspective. Prisoners are sub-
jected to an array of negative stereotypes. For example, they may
be perceived as criminals, dangerous, irresponsible and lacking of
self-control persons (Bernburg and Krohn, 2003); to protect their
clients and the others co-workers, employers simply choose not to
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Measures
Dependent variables
Three (perceptual) measures were included in the analysis as
dependent variables. They all assess prisoners prospects of their
employment chances after release. First, the perception of difficul-
ty of finding a job was dichotomously coded based on prisoners
answers provided to the following question: How difficult do you
think it would be for you to find a job after release? Initially distrib-
uted on a five-point Likert scale ranging from 1 = very difficult
to 5 = very easy, the answers were recoded as 1 for prisoners who
considered as being difficult/ very difficult and 0 for prisoners who
mentioned otherwise. Second, because criminological literature
pertaining to desistance from crime indicates that finding a good
job in particular prevent reoffending, two measures related to the
quality of jobs prisoners perceive as being available for them after
release were also included in the analyses. The perception of finding
a skilled job represents the dichotomous recoded variable of nine
possible response options to the questions: What types of jobs do
you think that they will be available for you after release? The code
1 was attributed to prisoners choosing the options corresponding
to skilled jobs, whereas the code 0 was ascribed to those selecting
the answers pertaining to unskilled jobs. The perception of finding
better paid job was as well a dichotomous variable created by recod-
ing the answers to the question: What do you think that it will be
the salary that you will receive? As such, the three initial response
options: 1 = less than minimum wage; 2 = between minimum and
average wage; 3 = more than the average wage, were recoded with 1
for prisoners choosing the last option and 0 for those choosing the
first two response-options.
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Independent variables
Based on the theoretical framework described in the previous
section, the following independent variables were operationalized
and used in the current analyses. First, a set of variables related to
prisoners human capital prior to incarceration was included. Level
of education was recoded dichotomously. Prisoners completing nine
grades or more were coded as 1. They represented less than half of
the prisoners (46%) in the 2-years sub-sample. Prisoners who either
had no school education or graduated primary and/ or secondary
school only were coded with 0. Having a trade/ professional qualifi-
cation before arrest was measured by asking prisoners whether they
had or not a qualification before entering to prison (1= yes 45%;
0 = no). Pre-incarceration employment status was also measured by
asking prisoners about their occupational status at the time of ar-
rest. For the purpose of analysis, the variable was dichotomized with
1 corresponding to prisoners who were unemployed or without an
occupation (53%) and 0 to prisoners with other situation. The num-
ber of jobs held before current imprisonment was included in the
questionnaire as continuous variable. However, for the purposes of
the analysis, the measure was broken down in three dummy varia-
bles: no prior jobs (1= yes; 0 = no); 1-3 prior jobs (1= yes; 0 = no); and
4 or more prior jobs (1= yes; 0 = no). About a third (30%) declared
that they have never worked in the community. A similar propor-
tion places at the other extreme reporting a high level of occupa-
tional mobility (4 or more than 4 previous jobs).
Second, we included two measures of prisoners involvement in
prison programs. Participation in prison work was a dichotomous
variable indicating whether prisoners have worked for at least 6
months in prison (1 = yes; 0 = no). In a similar way, participation
in skills programs is coded dichotomously and measures whether
during the current term, the prisoners have participated in school
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4.5. Results
The main goal of this study was to identify the factors that influ-
ence prisoners expectations of the following post-release employ-
ment prospects: a) the difficulty of finding a job after release; b)
finding a job in a skilled position; c) finding a better paid job. The
results showed that unlike prior studies that reported high levels of
optimism among prisoners in relation to their future employment
prospects, the prisoners in the current study were rather moderately
e-Book PRISONS IN ROMANIA. EFFECTS ON OFFENDERS LIVES | 153
Bivariate analyses
Perceptions on the difficulty of finding a job after release
The results of the bivariate analysis indicate that several pre-
prison human capital characteristics are significantly related to
prisoners perceptions on the difficulty of finding employment
once they will return to the community. Specifically, prisoners who
have acquired a professional qualification/ trade before admis-
sion to prison and those who held more jobs in the community
are significantly less likely than their counterparts to consider as
being difficult to find a job after release. As such, prisoners hav-
ing a pre-prison qualification have a 35% chance of perceiving as
being complicated to find work once returned in the community,
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Logistic regressions
Perceptions on the difficulty of finding a job after release
The results for the 2-years sub-sample show that none of the
offenders pre-prison human capital-related characteristics hold a
significant relationship with their anticipation of facing difficul-
ties in finding employment after release. Instead, the perception
of being stigmatized by employers is very strong and significantly
related. Actually, the odds of believing as being difficult to secure
a job in the community are 13.74 times higher for prisoners who
expect to encounter employers stigma than for those who do not
foresee that. Surprisingly, the participation in skills programs is
non-significant. On the other hand and highly counterintui-
tive working in prison is positive albeit only moderately related
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APPENDIX 4.A
Table 4.A: Regression of human capital and signalling measures on three post-
release employment outcomes. Results for the 2-years sub-sample
Difficulty of Finding jobs in Finding better
finding a job skilled position paid jobs
B S.E. B S.E. B S.E.
Human capital
Completing 9 grades or more .490 .580 .599 .512 -.072 .577
Having qualification at admission to prison -.414 .616 .957 .527 -.125 .569
Being unemployed at admission to prison .395 .551 -.026 .478 -1.192** .506
0 jobs before admission to prison .386 .673 -.176 .608 -.382 .690
1-3 jobs before admission to prison -.033 .598 -.039 .502 -.949 .558
Participation in prison programs
Participation in skills programs .670 .514 .320 .454 -.241 .487
Participation in work programs .997 .549 -.433 .493 -1.134** .568
Signalling
Perception of stigmatization 2.622*** .595 -.676 .440 -.568 .486
Served 5 years or more -.172 .641 .342 .578 -.081 .677
Prior incarceration .879 .518 -1.339*** .498 -.864 .507
Being convicted for violent offenses -.789 .544 -.303 .487 .334 .545
Controls
Aged 35 yrs. or older -1.110 .572 .515 .515 .633 .552
Having life-partner at time of arrest -.832 .555 -.306 .513 -.126 .549
Having underage children .708 .617 .733 .584 .217 .587
Criminogenic families .461 .560 .434 .521 -1.096** .549
Intercept -2.995*** .964 -.288 .783 2.845 .956
Nagelkerke R 0.43 0.25 0.28
***p<0.001; ** p<0.05; p<0.10
Synthetic conclusions
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