The informal prisoner justice system: Classification, identification, and punishment of sex offenders behind bars

Abstract

Drawing on 576 interviews with incarcerated men and 131 correctional staff across five Western Canadian prisons, we reconceptualize the prison code as subcultural law, documenting the “informal prisoner justice system” as its enforcement arm. Although scholars have treated the code primarily as cultural values prescribing loyalty, silence, and moral boundaries, we show how it operates through systematic enforcement. Through analysis of violence against sex offenders, we identify three core processes that parallel formal legal systems: classification (defining deviant categories), identification (investigating violations through evidence and verification), and punishment (administering sanctions from ostracism to lethal violence). This informal system achieves remarkable procedural consistency across institutions without being coordinated by gangs, leaders, or formal organization, operating instead through shared procedural knowledge that allows even unacquainted prisoners to organize enforcement. Correctional officers sometimes facilitate this system through selective non-intervention and information sharing, producing conditions of dual authority where official rules coexist uneasily with prisoner governance. By foregrounding the informal justice system as governance and showing how it anchors the code as law, we shift attention from prisoners’ beliefs to their governance infrastructure, challenging criminology to reconsider assumptions about how order, control, and legitimacy function behind bars.

Luca Berardi,
Justin E. C. Tetrault,
Kevin D. Haggerty,
Sandra Bucerius

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