8. Conclusion

The conclusion brings together the ethnographic data from prisoners with the suggestion of a new way of conceptualising sentencing which takes into account the subjective understandings of prisoners. The sentence is viewed as continuous, the construction of the official record commencing at arrest, and the sentence often goes on for longer than the period of incarceration, often involving multiple sentences and release in a type of cycle. The other important theoretical insight is the recognition of significant expectations and obligations arising from the sentencing process which requires the prisoner to demonstrate or perform an acceptable version of rehabilitation or reform. The existence of multiple barriers to this is invalidated by the dominant philosophy of responsibilisation which makes all failure the fault of the prisoner. The lack of attention to the idea that procedural fairness leads to enhanced legitimacy provides perhaps the most important barrier to rehabilitation. As rehabilitation is a “hearts and minds” enterprise requiring significant commitment, it is concluded that