Foundational principles of the contemporary practices of both restorative justice and the concept of therapeutic jurisprudence often import organic and indigenous practices of conflict resolution to resolve insufficiencies and even to explain fundamental ideas. Too often, the indiscriminate use of such practices does not mind the gap between the defining principles, the guiding principles, or the limiting principles that challenge particular features of practical applications. Minding the Gap Between Restorative Justice, Therapeutic Jurisprudence, and Global Indigenous Wisdom gives an authentic voice to practitioners and theorists whose work originates in organic or indigenous conflict resolution. It raises awareness of the diversity of approaches to dispute resolution from the deep perspective of their foundations and understands the challenges that arise in the practical application of restorative justice and therapeutic jurisprudence models when using principles disconnected from their foundation. It further offers ways to bridge the gap so that it is no longer an obstacle but a source of transformation. Covering topics such as justice praxes, indigenous conflict resolution, and global indigenous wisdom, this premier reference source is a dynamic resource for HR managers, lawyers, government officials, mediators, counselors, students and faculty of higher education, librarians, researchers, and academicians.

What do refugee and concentration camps, prisons, terrorist and guerrilla training camps and prisoner of war camps have in common? Arguably they have all followed an 'outsides inside' model, enforcing a dichotomy between perceived 'desirable' and 'undesirable' characteristics. This separation is the subject of Moller's multidisciplinary study.

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"A book that can spur good discussion and stimulate critical thinking."
--"Law and Politics Book Review"

"A finely reasoned argument on the ills of punishment. . . . An informative and thought provoking read."
--"New York Law Journal"

"Philosophers of law too often assume that criminal punishment is of course justified and then argue over exactly what is the best justification for the practice--utilitarian deterrence, retribution, moral education, etc. It is important that this shared assumption be challenged and that serious consideration be given to the possibility that criminal punishment may not be justified at all. Although Professor Golash has by no means persuaded me that all criminal punishment should be totally abolished, her book is to be welcomed as an attempt to provoke serious reflection on this basic issue."
--Jeffrie G. Murphy, Regents' Professor of Law, Philosophy, and Religious Studies, Arizona State University

"A work of sweeping vision and profound insight. Punishment, Golash demonstrates convincingly, is wrong in itself and counterproductive as well. That her fine book closes with a thoughtful sketch of a world without punishment is a testament to the author's intellectual range and originality."
--Robert Johnson, author of "Hard Time: Understanding and Reforming the Prison"

What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society.

Drawing on bothempirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.

This book offers a broad overview of transition practices for incarcerated youth, shaped by local culture, politics, ideologies, and philosophies. It highlights the similarities and differences in international approaches, as well as promising practices. The book is divided into two sections: Section One presents a synthesis of the current research on essential areas shown to promote successful transitions for incarcerated youth, using the Taxonomy for Transition Programming 2.0 as a cohesive framework, Section Two focuses on national perspectives on topical issues impacting local transition practices and/or policy. It provides information pertaining to the respective countries and a summary of key facets of their juvenile justice system, including successful or promising approaches and programs used in transition. This book benefits academics and researchers from a broad range of fields, policy makers and leadership teams from various agencies, associations, and government departments with an interest in juvenile and youth justice, social work, and special education courses on transition planning.

Drawing on research in men's long-term, maximum-security prisons, this book examines three interconnected problems: the tendency of the prison to obscure other social problems and conceal its own failings, the pursuit of greater levels of human security through repressive and violent means and the persistence of the belief in the problem of 'evil'.

In a world defined by and lived through media spectacle, nearly every part of human existence can now be documented, watched, and scrutinised. When mass media has the power to make the mundane not only visible but also entertaining, how have issues surrounding criminal justice, crime, and death taken centre stage in this media-saturated social world? Presenting for the first time in a published work the concept of Spectacular Justice, which was developed during the author's doctoral research, Smith delves into how institutions of justice, such as criminal trials, as well as public expressions of justice, such as rage and grief, are played out in the media. Using media archival data, this book examines four murder case studies to develop a conceptual toolkit, designed to help the reader make sense of the complex position of justice in the spotlight. Taking the cases of Charles Lindbergh Jr, James Bulger, Jodi Arias, and Anders Breivik, Smith examines each through the lens of three key characters (Victim, Perpetrator, and Expert), and explores how human stories contribute both to the visibility of the case, and the thriving of justice spectacle. Highlighting the value of bridging the disciplinary divide between criminology and death studies, this book also demonstrates how spectacular justice is often most conspicuous at the intersection between crime and death. It is appealing reading for scholars interested in Criminology, Sociology, Death studies, and Media.

'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.

"This book explores the origins of the so-called "punitive turn" in penal policy across Western nations over the past two decades. It demonstrates how the context of neoliberalism has informed penal policy-making and argues that it is ultimately neoliberalism which has led to the recent intensification of punishment"--

A collection of original contributions by philosophers working in the ethics of punishment, gathering new perspectives on various challenging topics including punishment and forgiveness, dignity, discrimination, public opinion, torture, rehabilitation, and restitution.

Restoring Justice in Colombia is based on research, observations, and dialogues with the volunteers who carry out community justice in a country struggling with violence, social inequality, and massive displacement of persons. The program 'Conciliation in Equity' provides free legal services to those most in need of the resolution of conflicts. The book covers both the legal processes and the social process involved. It explains cultural and historical contexts, and gives examples and images that bring the program to life.

The voluntary sector has a long history of involvement in criminal justice by providing a variety of services to offenders and their families, victims and witnesses. This collection brings together leading experts to provide critical reflections and cutting edge research on the contemporary features of voluntary sector work in criminal justice. At a time when the voluntary sector's role is being transformed, this book examines the dynamic nature of the voluntary sector and its responses to current uncertainties, and some of the conflicting positions with regards to its present and future role in criminal justice work. It also examines the potential impact of economic, political and ideological trends on the role and remit of voluntary sector organisations which undertake criminal justice work.

In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.

This is an innovative study of 300 delinquent boys in a medium security institution and after their release. This longitudinal field experiment shows how peers affect the rehabilitation of different group members, how staff use those influences to lead to prosocial change after release from the institution, and how different behavior, values, and feelings improved. This well-designed research has broad implications for use in graduate courses in sociology, criminology and penology, social and personality psychology, and group dynamics. The book is equally useful to administrators and policymakers dealing with delinquents and individuals with behavior problems. The field experiment was devised with both practical and theoretical purposes in mind, to develop corrective programs for delinquent youth and to test social science hypotheses in the context of a longitudinal experimental research design. The study presents a typology of delinquent boys that guides differential treatment, focuses on peer group and staff influences, and identifies factors in residential treatment and in the open community that facilitate prosocial reentry. The findings test hypotheses about group and staff impact on anti-social behavior within the institution and after release.

This brand new edition of "Death Penalty Cases" makes the most manageable comprehensive resource on the death penalty even better. It includes the most recent cases, including Kennedy v. Louisiana, prohibiting the death penalty for child rapists, and Baze v. Rees, upholding execution by lethal injection. In addition, all of the cases are now topically organized into five sections: * The Foundational Cases * Death-Eligibility: Which persons/crimes are fit for the death penalty? * The Death Penalty Trial * Post-conviction Review * Execution Issues The introductory essays on the history, administration, and controversies surrounding capital punishment have been thoroughly revised. The statistical appendix has been brought up-to-date, and the statutory appendixhas beenrestructured. For clarity, accuracy, complete impartiality and comprehensiveness, there simply is no better resource on capital punishment available.

* Provides the most recent case material--no need to supplement. * Topical organization of cases provides a more logical organization for structuring a course. * Co-authors with different perspectives on the death penalty assures complete impartiality of the material. * Provides the necessary historical background, a clear explanation of the current capital case process, and an impartial description of the controversies surrounding the death penalty * Provides the latest statistics relevant to discussions on the death penalty. * Clearly explains the different ways in which the states process death penalty cases, with excerpts of the most relevant statutes."

Offers a fascinating view of the social history of Georgian London through the workings of the Summary courts. By analyzing the summary proceedings and the use of the law by ordinary citizens - to prosecute theft, violence and resolve disputes - this study represents an important addition to our understanding of the criminal justice system --Provided by publisher.

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"Johnson gives these women visibility and voice as they relate their lives, their crimes, and their efforts to remain connected to families and communities...powerful."
-- "Booklist"

"Johnson's "Inner Lives" provides both a serious intervention in the literature on prisons and a venue through which incarcerated and formerly incarcerated Black women can speak for themselves. It challenges readers to take action."--"Black Renaissance"

""Inner Lives" soars when the women are allowed to speak for themselves."
--"Book"

"Johnson illuminates how the race and gender of African American women affect how they are treated in the American criminal justice system."
--"The Women's Review of Books"

"Johnson provides a historical look at African American women in the U.S. criminal justice system from the colonial period to the present."
--"Law's Social Inquiry"

The rate of women entering prison has increased nearly 400 percent since 1980, with African American women constituting the largest percentage of this population. However, despite their extremely disproportional representation in correctional institutions, little attention has been paid to their experiences within the criminal justice system.

Inner Lives provides readers the rare opportunity to intimately connect with African American women prisoners. By presenting the women's stories in their own voices, Paula C. Johnson captures the reality of those who are in the system, and those who are working to help them. Johnson offers a nuanced and compelling portrait of this fastest-growing prison population by blending legal history, ethnography, sociology, andcriminology. These striking and vivid narratives are accompanied by equally compelling arguments by Johnson on how to reform our nation's laws and social policies, in order to eradicate existing inequalities. Her thorough and insightful analysis of the historical and legal background of contemporary criminal law doctrine, sentencing theories, and correctional policies sets the stage for understanding the current system.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as "outlaws" - through prohibitions on homosexuality or cross-dressing - to respectable "in laws" - through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people "inside" the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore "queer outsiders" who remain beyond the law's reach and outline the ways in which these outsiders might seek to "come within" and/or "stay outside" law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.

This book discusses the concept of 'agnosis' and its significance for criminology through a series of case studies, contributing to the expansion of the criminological imagination. Agnotology - the study of the cultural production of ignorance, has primarily been proposed as an analytical tool in the fields of science and medicine. However, this book argues that it has significant resonance for criminology and the social sciences given that ignorance is a crucial means through which public acceptance of serious and sometimes mass harms is achieved. The editors argue that this phenomenon requires a systematic inquiry into ignorance as an area of criminological study in its own right. Through case studies on topics such as migrant detention, historical institutionalised child abuse, imprisonment, environmental harm and financial collapse, this book examines the construction of ignorance, and the power dynamics that facilitate and shape that construction in a range of different contexts. Furthermore, this book addresses the relationship between ignorance and the achievement of 'manufactured consent' to political and cultural hegemony, acquiescence in its harmful consequences and the deflection of responsibility for them.

This Sunday Times bestseller is a shocking and at times darkly funny account of life as a prison officer in one of the country's most notorious jails. 'Authentic, tough, horrifying in some places and hilarious in others . . . the author's honesty and decency shine through' - Jonathan Aitken ______________ Neil 'Sam' Samworth spent eleven years working as a prison officer in HMP Manchester, aka Strangeways. A tough Yorkshireman with a soft heart, Sam had to deal with it all - gangsters and gangbangers, terrorists and psychopaths, addicts and the mentally ill. Men who should not be locked up and men who should never be let out. He tackles cell fires and self-harmers, and goes head to head with some of the most dangerous men in the country. He describes being attacked by prisoners, and reveals the problems caused by radicalization and the drugs flooding our prisons. As staffing cuts saw Britain's prison system descend into crisis, the stress of the job - the suicides, the inhumanity of the system, and one assault too many - left Sam suffering from PTSD. Strangeways by Neil Samworth is a raw, searingly honest memoir that is a testament to the men and women of the prison service and the incredibly difficult job we ask them to do. ______________ 'A frequently shocking read' - Daily Express

Based on a comprehensive study of three counties in Texas, this work examines the idea of differential handling of minority youth offenders. Traditional wisdom indicates that minorities are over-represented in the juvenile justice system due to racism and discrimination within the system itself. The author refutes this logic by challenging current studies and examining the results of the Texas study. The findings suggest that minorities are represented in the juvenile justice system in greater numbers than their majority offender counterparts due to their greater involvement in criminal activity, not to any differential treatment they may receive at crucial decision points within the system. Allegations of racial bias against the juvenile justice system are often supported by the federal government, which suggests that minorities continue to be targeted more frequently for arrest, prosecution, conviction, and imprisonment merely because they are persons of color. Drawing on new research, the author addresses racial disparity in the juvenile justice system and contends that previous research suffers methodological and statistical analysis problems, resulting in the mischaracterization of the issue of racial bias. The present study argues that most minority juveniles receive different case outcomes because of the severity of their current offense, and both the length and severity of their prior delinquency careers. Tracy's research ultimately indicates that rather than being discriminatory, the juvenile system is, instead, reacting to a particular type of delinquent using legally permissible guidelines.

This book critically explores the intersections between male rape, masculinities, and sexualities. It examines the ways in which male rape is policed, responded to, and addressed by state and voluntary agencies in Britain. The book uncovers how notions of gender, sexualities and masculinities shape these agencies' understanding of male rape and their views of men as victims of rape. Javaid pays particular attention to the police and deconstructs police subculture to consider whether it influences and shapes the ways in which police officers provide services for male rape victims. Grounded in qualitative interviews and data derived from the state and voluntary sector, this book will be invaluable reading for sociologists, criminologists, and social scientists who are keen to learn more about gender, policing, sexual violence and male sexual victimisation.

This book presents a detailed analysis of Hawaii's Opportunity Probation with Enforcement (HOPE) program. Developed by Judge Steven Alm in Hawaii in 2004, this model of 'swift, certain and fair' justice has been widely adopted across the United States. The book argues that although HOPE has principally been viewed in terms of its deterrent impact, it is in fact best understood through the lens of therapeutic jurisprudence and solution-focused courts, especially drug courts. Bartels presents a detailed overview of HOPE's operation, as well as a critical assessment of the evaluation findings of HOPE and other programs based on this model. Crucially, the book draws on observational research to demonstrate that much of the commentary on HOPE has been based on misunderstandings about the program, and Bartels ultimately provides much-needed in-depth analysis of critiques of the HOPE model. A rigorous study which concludes by identifying key issues for jurisdictions considering implementing the model and areas for future research, this book will be of special interest to scholars of criminal justice, recidivism and drug-related issues.