In institutions for the execution of criminal sanctions, two systems function in parallel: formal and informal. The formal system is defined by the Act on the Execution of Criminal Sanctions of the Republic of Serbia and other by-laws, and it comprises representatives of the prison administration, the treatment service, the security service, and the health service. On the other hand, the informal system is formed by the convicts themselves, who establish their own community. This community is a heterogeneous group, not formed according to any formal or written rules. The interests of these two systems often conflict, and the functioning of the institution for the execution of criminal sanctions depends on how these systems operate.
The convict community represents an artificially created social milieu in which numerous factors complicate, and often hinder, the organization of activities and the effective implementation of the re-education process. Despite this, it can be a significant factor in the resocialisation process, especially if the staff involved in the penological treatment of convicts manage to engage the prisoner groups in a positive direction. A prerequisite for this is a thorough understanding of the origin, structure, and functioning of the convict community. The value system and “code” are important features of this community and will be discussed further in the remainder of the paper.
The behaviour of convicts is largely influenced by the features of the convict community. The most important characteristics of this community are group cohesion and mutual solidarity. Values and norms conceived in this way aim to alleviate prison deprivations and frustrations, and to prevent the emergence of prison psychoses. All convicts strive to achieve the highest possible degree of loyalty to the community, mutual solidarity, and the absence of violence and exploitation among convicts. The main goal is to preserve the stability of prison society. Only in this way can the convict community and its members be protected from the actions of the formal system. Additionally, the solidarity of convicts has both objective and subjective components, reflected in helping those in need, such as in cases of illness, old age, or disciplinary punishment of community members. This solidarity is measured by the willingness to assist other convicts in all incident situations that may arise in contact with administrative authorities.
The second significant characteristic of the convict community is constant resistance to prison staff and the refusal to carry out appropriate penological treatment. Another important virtue is the effort to preserve personal autonomy. Upon entering prison, convicts lose not only their freedom of movement, but also a whole series of social roles they held before. This often leads to feelings of worthlessness, lack of self-confidence, and low self-esteem. It is through the convict social system that they can regain some of their earlier influence within the community.
There is a widespread belief among convicts that if they cannot change the conditions of life in prison, they can channel and control their actions, thereby contributing to the preservation of some degree of integration. No matter how paradoxical it may sound, one of the values of the convict community is the preservation of peace and stability in prison. However, the preservation of peace here has a completely different goal: to prevent possible conflicts with the formal system that would threaten the functioning of the community itself.
In addition to these collective values, certain individual values may appear within the prison community that conflict with group values. Most often, this involves the desire of individual convicts to control and exploit others. Personal power is conditioned by the possession of certain material goods, which serve as a strong source of satisfaction for all convicts (drugs, mobile phones, money, etc.).
Based on these values, certain rules of conduct are established, which form the code of conduct for convicts, having the force of customary rules among the prisoners themselves. The rules of this code are very brief and clear, regulating relationships among convicts as well as the relationship between convicts and the formal system. Sykes concluded, based on numerous studies, that there are five main principles of the prison code:
1) A group of norms that regulate the relationship between prisoners and management. Disclosure of information to representatives of the formal system and the exploitation of fellow convicts are prohibited. In prison slang, these rules are expressed as short directives such as “don’t betray the prisoner”, “don’t bark”, “don’t do anything to the man behind his back”;
2) Norms that control affects, aiming to reduce conflicts between convicts to the minimum possible (“don’t lose your head”, “mind your own business”);
3) Convicts should not exploit each other (“don’t be an extortionist”, “don’t steal”, “don’t exploit”);
4) Norms that affect the preservation of the dignity and morals of convicts (“don’t be weak”, “don’t whine”, “be a man”);
5) Norms that prohibit acknowledging the reputation of prison staff. Although these norms are not written down, convicts are required to respect them. The opinio iuris is the protection of the values of the convict community.
Violations of these norms are punishable, with penalties carried out by members of the convict community themselves. Punishments range from ridicule and boycotts to the use of physical force, depending on the specific norm that was violated.
Source: Haiper AI
In prisons, two codes of norms function in parallel: one is written, conventional, created by the formal system and aimed at realizing the principles of rehabilitation and resocialisation, while the other is unwritten, originates from the informal prison system, and is aimed at resisting the formal system. This is why it is considered deviant. However, a good understanding of the informal code of conduct among convicts can also contribute to the process of resocialisation, especially if positive elements are identified, which certainly exist.
The convict code should be used to strengthen pro-social bonds among convicts. By enhancing convict self-management through partnership with the formal system in achieving treatment goals, many deviant and delinquent phenomena that occur behind prison walls could be mitigated. This idea may seem too utopian to many. Scepticism related to the positive influence of the convict community is certainly tied to the fact that antisocial convict groups outnumber pro-social ones.
Further exploration and explanation of the community of convicted persons are necessary to better understand the relationship between formal and informal systems in prisons. Understanding this complex relationship is crucial for improving penological treatment and is an important prerequisite for achieving the resocialization of convicted persons.
Dr Filip Mirić
References:
Sykes, G. (2017). The Society of Captives: Study of a Maximum Security Prison. Princeton University Press.
Konstantinović- Vilič, S. & Kostić, M. (2011). Penologija. Centar za publikacije Pravnog fakulteta Univerziteta u Nišu.
Mirić, F. (2016). Zatvorenički kodeks – Ključ za razumevanje zajednice osuđenika. In Probacija i alternativne krivične sankcije – Mogućnosti i perspektive, Tom I (str. 177–187). Centar modernih znanja.
Zakon o izvršenju krivičnih sankcija, Službeni glasnik Republike Srbije, 55/2014, 35/2019.