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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
A groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France's inhumane treatment of prisoners Founded by Michel Foucault and others in 1970-71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Helene Cixous and writings by Gilles Deleuze and Jean Genet. These archival documents-public announcements, manifestos, reports, pamphlets, interventions, press conference statements, interviews, and round table discussions-trace the GIP's establishment in post-1968 political turmoil, the new models of social activism it pioneered, the prison revolts it supported across France, and the retrospective assessments that followed its denouement. At the same time, Intolerable offers a rich, concrete exploration of Foucault's concept of resistance, providing a new understanding of the arc of his intellectual development and the genesis of his most influential book, Discipline and Punish. Presenting the account of France's most vibrant prison resistance movement in its own words and on its own terms, this significant and relevant collection also connects the approach and activities of the GIP to radical prison resistance movements today.
Between the seventeenth and nineteenth centuries, Western societies abandoned public executions in favor of private punishments, primarily confinement in penitentiaries and private executions. The transition, guided by a reconceptualization of the causes of crime, the nature of authority, and the purposes of punishment, embodied the triumph of new sensibilities and the reconstitution of cultural values throughout the Western world. This study examines the conflict over capital punishment in the United States and the way it transformed American culture between the Revolution and the Civil War. Relating the gradual shift in rituals of punishment and attitudes toward discipline to the emergence of a middle class culture that valued internal restraints and private punishments, Masur traces the changing configuration of American criminal justice. He examines the design of execution day in the Revolutionary era as a spectacle of civil and religious order, the origins of organized opposition to the death penalty and the invention of the penitentiary, the creation of private executions, reform organizations' commitment to social activism, and the competing visions of humanity and society lodged at the core of the debate over capital punishment. A fascinating and thoughtful look at a topic that remains of burning interest today, Rites of Execution will attract a wide range of scholarly and general readers.
Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. Since the first publication of The Future of Crime and Punishment in 2015 there have been some significant changes in American criminal justice. While some efforts are moving in the right direction they are still nowhere close to meaningful criminal justice reform that focuses on large scale diversion and appropriate, expert treatment and rehabilitation of the majority of offenders. In this updated paperback edition, Kelly provides readers with updated crime, recidivism and the cost of crime statistics; notes the recent trends such as the modest reduction in incarceration; and discusses the impacts of the election of Trump, including his "law and order" stance as a candidate, his blurring of crime and immigration, the Justice Department's renewed war on drugs and the opioid crisis by emphasizing a criminal justice response to a public health problem. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
Based on a two-part study, this book examines the courts' interpretation of murder and the management of those serving life sentences for murder. It discusses the law, judges' difficulties in interpreting the law and inconsistencies that occur in various cases. The author suggests that legal reforms should ensure that the stigma attached to murder is maintained. Part two looks at life imprisonment as the maximum penalty for murder. It examines the operation of the Prison Department's policy of managing "lifers", and the possibilities for releasing them without endangering the public.
The UN Global Study on Children Deprived of Liberty detailed many children's poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland's experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children's rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.
In the last fifteen years alone, over 300 riots have erupted in US prisons, with enormous costs: over a hundred lives; uncounted beatings, rapes and assaults; and the destruction of hundreds of millions of dollars of prison property. Why and how do these riots occur? This book provides a fascinating and dramatic account of five major prison riots, including the Attica rebellion of 1971. They show how riots have evolved in the past twenty year in relation to America's changing penal system and society. They draw on in-depth interviews with rioters, transcripts of post-riot investigations, and results of a questionnaire about inmate disturbances in every maximum and medium-security prison in the US. By demonstrating that the growth of riots depends both on the state's capabilities and on inmates' pre-existing organizations, their ethnicity, and the revolts' root causes, the authors expose the absence of a consistent and realistic policy towards the prison population of the US.
When the deplorable conditions in Alabama's prisons were revealed at trial in 1975, Judge Frank Johnson declared the prison system as a whole to constitute cruel and unusual punishment in violation of the eighth amendment. He then issued an elaborate decree specifying improvements that must be made to satisfy constitutional standards. In this study, Larry W. Yackle describes the campaign to achieve prison reform in Alabama through constitutional litigation in the federal courts and surveys the process that produced Johnson's decree, and subsequent efforts to enforce his order in the face of bureaucratic inertia, administrative incompetence, and political demagogy. A decade later, the prisons showed significant physical improvements, but Alabama's resistance to progressive penal policies remained intact and impeded lasting change. Covering the lawyers' strategies, Judge Johnson's creative actions, and the machinations of state and federal officials including the Department of Justice under President Ronald Reagan, this book conveys the frustrating yet effective effort at prison litigation and offers important lessons for other proponents of penal reform across the country.
While most western democracies have renounced the death penalty, capital punishment enjoys vast and growing support in the United States. A significant and vocal minority, however, continues to oppose it. Against Capital Punishment is the first full account of anti-death penalty activism in America during the years since the ten-year moratorium on executions ended. Building on in-depth interviews with movement leaders and the records of key abolitionist organizations, this work traces the struggle against the pro-death penalty backlash that has steadily gained momentum since the 1970s. It reviews the conservative turn in the courts which, over the last two decades, has forced death penalty opponents to rely less on the litigation strategies that once served them well. It describes their efforts to mount a broad-based educational and political assault on what they see as the most cruel, racist, ineffective, and expensive manifestation of a criminal justice system gone wrong. Despite the efforts of death-penalty opponents, executions in the United States are on the increase. Against Capital Punishment diagnoses the reasons for the failure to mobilize widespread opposition to executions, and assesses the prospects for opposition to capital punishment in the future of the United States.
From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past."
People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, called collateral legal consequences. Drawing on resources in moral, legal, and political philosophy, Hoskins analyzes the various kinds of collateral consequences imposed in different legal systems and the important moral challenges they raise. Can collateral legal consequences ever be justified as forms of criminal punishment or as civil measures? Hoskins contends that, considered as forms of punishment, such restrictions should be constrained by considerations of proportionality and offender reform. He also argues that they may in a limited range of cases be permissible as risk-reductive civil measures. Whether considered as criminal punishment or civil measures, however, collateral legal consequences are justifiable in a far narrower range of cases than we find in current legal practice. Considering just how pervasive collateral legal consequences have become and their dramatic effects on offenders' lives, Beyond Punishment? sheds valuable light on whether these restrictive measures are ever morally justified.
The purpose of American Penology is to provide a story of punishment's past, present, and likely future. The story begins in the 1600s, in the setting of colonial America, and ends in the present. As the story evolves through various historical and contemporary settings, America's efforts to understand and control crime unfold. The context, ideas, practices, and consequences of various reforms in the ways crime is punished are described and examined. Though the book's broader scope and purpose can be distinguished from prior efforts, it necessarily incorporates many contributions from this rich literature. While this enlarged second edition incorporates select descriptions and contingencies in relation to particular eras and punishment ideas and practices, it does not limit itself to individual "histories" of these eras. Instead, it uses history to frame and help explain particular punishment ideas and practices in relation to the period and context from which they evolved. The authors focus upon selected demographic, economic, political, religious, and intellectual contingencies that are associated with historical and contemporary eras to show how these contingencies shaped America's punishment ideals and practices. In offering a new understanding of received notions of crime control in this edition, Blomberg and Lucken not only provide insights into the future of punishment, but also show how the larger culture of control extends beyond the field of criminology to have an impact on declining levels of democracy, freedom, and privacy.
Uniquely combining two parts, one critical in the form of a research piece, and the other creative in the form of a fictional novel, this ground-breaking book spans creative writing, criminology and architecture to look at the ways in which power and hierarchies are explored and exploited in space. Part one, A Circular Argument, is informed by a series of reflections on the author's work as a prison teacher. Delving into the obsession with the circular as an architectural gesture and as a concept combining containment and transparency, the author examines spatial hierarchies across time, from the ideal planned city of the Middle Ages, to the all-seeing eye of modern digital society. Part two, The Out, follows the fictional story of a disgruntled architect, a clever prisoner and an ingenious escape plan. Exploring how the complications and surprises of human interaction colour and change the supposedly watertight systems of social control society designs, the novel disrupts how we might think about space and power. Injecting new energy and creative perspectives into traditional academic research, this practice-led book is an innovative exploration between critical and creative approaches, and between multiple social and spatial hierarchies.
In a time of increasing mass incarceration, US prisons and jails are becoming a major source of literary production. Prisoners write for themselves, fellow prisoners, family members, and teachers. However, too few write for college credit. In the dearth of well-organized higher education in US prisons, noncredit programs established by colleges and universities have served as a leading means of informal learning in these settings. Thousands of teachers have entered prisons, many teaching writing or relying on writing practices when teaching other subjects. Yet these teachers have few pedagogical resources. This groundbreaking collection of essays provides such a resource and establishes a framework upon which to develop prison writing programs. Prison Pedagogies does not champion any one prescriptive approach to writing education but instead recognizes a wide range of possibilities. Essay subjects include working-class consciousness and prison education; community and literature writing at different security levels in prisons; organized writing classes in jails and juvenile halls; cultural resistance through writing education; prison newspapers and writing archives as pedagogical resources; dialogical approaches to teaching prison writing classes; and more. The contributors within this volume share a belief that writing represents a form of intellectual and expressive self-development in prison, one whose pursuit has transformative potential.
There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.
While much has been written on both political obligation and the justification of punishment, there has been little sustained effort to link the two. In Playing Fair, Richard Dagger aims to fill this gap and provide a unified theory of political obligation and the justification of punishment that takes its bearings from the principle of fair play. To do this, he first establishes the principle of fair playthe idea that people in a cooperative venture have obligations to one another to shoulder a fair share of the burdens because they receive a fair share of the benefits of cooperationas the basis of political obligation. Dagger then argues that the members of a reasonably just polity have an obligation to obey its laws because they have an obligation of reciprocity, or fair play, to one another. This theory of political obligation provides answers to fundamental and still debated questions about how to justify punishment, who has the right to carry it out, and how much to punish. Playing Fair brings two long-standing concerns of political and legal philosophy together to rebut those who deny the possibility of a general obligation to obey the law, to defend the link between political authority and obligation, and to establish the proper scope of criminal law.
Restorative justice occupies an important place in
criminological literature and criminal justice policies and is
about facilitating communication between victims, offenders and
communities in search of conciliation. Research shows that victims
of crime are generally highly satisfied with their participation in
a restorative intervention, such as victim--offender mediation,
family group conferencing and victim--offender encounters. In order
to maintain good restorative practice, the reasons why restorative
justice is appreciated need to be clearly understood. In this book,
Tinneke Van Camp identifies and explores the factors that
contribute to victims appreciation of restorative practices in
order to advance insight into why restorative justice works for
victims. With its use of in-depth interviews and case descriptions, this book will be of interest to academics, practitioners and students alike. It will be of particular interest to those engaged in the study of victims and victim concerns, restorative justice and procedural justice."
Millions of pounds are spent every year trying to tackle human trafficking, modern slavery and child sexual exploitation. These are apparently threats perpetrated by 'criminal masterminds', spreading at a dizzying rate and approaching epidemic proportions - or so the story goes. Amid all the bold rhetoric and sweeping claims, there is very little robust research to help understand these problems and inform evidence-based policy and practice. In this book, readers are invited to delve inside the murky world of human trafficking. It focuses on the internal (domestic) trafficking of children for sexual exploitation. It is based on far-reaching analysis of six of the earliest and largest such investigations in the United Kingdom (UK), including the infamous Derby and Rochdale cases that sparked nationwide concerns about 'street grooming' and 'Asian sex gangs'. Innovative methods, analytical rigour and truly extraordinary data underpin the research: a nuanced and sometimes unsettling exploration of the offender and victim networks, their characteristics, structure, activity and dynamics and the problems they pose for investigation and prosecution. The results paint a picture of a sprawling and dynamic system of grooming and abuse that is deeply embedded in complex webs of social relations and interactions. This book challenges accepted wisdom, debunks myths and introduces new and fundamentally different ways of thinking about trafficking and its prevention. An accessible and compelling read, this book is for academics, policymakers, practitioners and others interested in serious and organised crime.
In this stark and powerful book, Bruce Jackson and Diane Christian explore life on Death Row in Texas and in other states, as well as the convoluted and arbitrary judicial processes that populate all Death Rows. They document the capriciousness of capital punishment and capture the day-to-day experiences of Death Row inmates in the official ""nonperiod"" between sentencing and execution. In the first section, ""Pictures,"" ninety-two photographs taken during their fieldwork for the book and documentary film Death Row illustrate life on cell block J in Ellis Unit of the Texas Department of Corrections. The second section, ""Words,"" further reveals the world of Death Row prisoners and offers an unflinching commentary on the judicial system and the fates of the men they met on the Row. The third section, ""Working,"" addresses profound moral and ethical issues the authors have encountered throughout their careers documenting the Row. Included in this enhanced ebook edition is Jackson and Christian's 1979 documentary film, Death Row.
Rectifying the fact that little criminological attention has been paid to the notion that the security of flows increasingly embodies concerns at the heart of contemporary policing practices, this book makes a significant contribution to knowledge about the policing and security governance of flows. The book focuses on how the growing centrality of flows affects both contemporary 'risks' and the policing organisations in charge of managing them. The contributors analyse flows such as event security; border controls and migration; the movement of animal parts; security-related intelligence; and organisational flows. The emerging criminology of these, as well as flows of money, information and numerous commodities, from pharmaceuticals to minerals or malicious software, is leading to critical advances in the understanding of the changing harm landscapes and the practices that have developed to manage them. Taken as a whole, the book opens up the conversation, and encourages the invention of new conceptual, theoretical and methodological tools to help criminology tackle and better understand the mobile world in which we live. This book was originally published as a special issue of Global Crime.
Redemption, Rehabilitation and Risk Management provides the most accessible and up-to-date account of the origins and development of the Probation Service in England and Wales. The book explores and explains the changes that have taken place in the service, the pressures and tensions that have shaped change, and the role played by government, research, NAPO, and key individuals from its origins in the nineteenth century up to the plans for the service outlined by the Conservative/Liberal Democrat government. The probation service is a key agency in dealing with offenders; providing reports for the courts that assist sentencing decisions; supervizing released prisoners in the community and working with the victims of crime. Yet despite dealing with more offenders than the prison service, at lower cost and with reconviction rates that are lower than those associated with prisons, the Probation Service has been ignored, misrepresented, taken for granted and marginalized, and probation staff have been sneered at as 'do-gooders'. The service as a whole is currently under serious threat as a result of budget cuts, organizational restructuring, changes in training, and increasingly punitive policies. This book details how probation has come to such a pass. By tracing the evolution of the probation service, Redemption, Rehabilitation and Risk Management not only sheds invaluable light on a much misunderstood criminal justice agency, but offers a unique examination of twentieth century criminal justice policy. It will be essential reading for students and academics in criminal justice and criminology.
A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Recent decades have seen a widespread effort to imprison more people for sexual violence. The Stains of Imprisonment offers an ethnographic account of one of the worlds that this push has created: an English prison for men convicted of sex offenses. This book examines the ways in which prisons are morally communicative institutions, instilling in prisoners particular ideas about the offenses they have committed-ideas that carry implications for prisoners' moral character. Investigating the moral messages contained in the prosaic yet power-imbued processes that make up daily life in custody, Ievins finds that the prison she studied communicated a pervasive sense of disgust and shame, marking the men it held as permanently stained. Rather than promoting accountability, this message discouraged prisoners from engaging in serious moral reflection on the harms they had caused. Analyzing these effects, Ievins explores the role that imprisonment plays as a response to sexual harm, and the extent to which it takes us closer to and further from justice.
This book brings together leading authorities from the fields of international human rights law, criminology, legal medicine, and political science with international human rights judges and UN experts to analyze the current situation of detainees in Europe, the Americas and Africa. This comprehensive volume offers a platform for reflecting on the complexity of the prison problem from a multidisciplinary perspective. The authors address detention-related issues with the aim of generating new ideas that contribute to both academic discussion and critical analysis. Academic dialogue across the globe provides insights into various national and international carceral systems and how they deal with human rights behind bars. At the same time, the critical comparison helps to identify basic needs and practices that can work in multiple settings. The contributors are respected experts and leading scholars in their fields, and each has pursued prison and human rights research over the last decades. However, this is the first time that they have come together in a multidisciplinary academic project. This book aims to stimulate diverse actors to imagine alternative ways of engaging with persons deprived of their liberty, in academia and in practice.
This comprehensive and factual study of the penal systems of South America is the outgrowth of an extended tour made by the author in 1944. The countries visited include: Panama; Colombia, which has the most rational program of productive prison labor; Ecuador, where there is "no penal philosophy or prison system worthy of the name"; Peru; Bolivia, with "prisons and penal philosophy the most benighted of any country visited"; Chile, which maintains "the worst large city jail ever seen" in Santiago; Argentina, which with Brazil stands in the foreground as far as prison construction is concerned; and Brazil, where there is real leadership in both adult penology and child care. The author's observations and discussions with leading men in the field, his knowledge of the history behind the present penal cods and institutions, and his understanding of the social, economic, and biological factors leading to crime make this a very illuminating account. There are detailed descriptions of the extremes of good and bad penal administration that may exist even within the same city, the generally sordid treatment of women prisoners who are not cared for in church-operated institutions, and the almost universal system of housing dependent and neglected minors in the same institutions as delinquent children. This book will be of interest not only to those who have a special knowledge of the field but to those who have little previous experience with the subject. There are ten photographs of prisoners that are described in detail by the author and a line-map of the penal institutions of South America.
The death penalty issue has become the epitome of the unresolvable issue, the question which people answer on the basis of gut reactions rather than logical arguments. In the second edition of An Eye for an Eye? Stephen Nathanson evaluates arguments for and against the death penalty, and ultimately defends an abolitionist position to the controversial practice, including arguments that show how and why the dealth penalty is inconsistent with respect for life and a commitment to justice. A timely new postscript and an updated bibliography accompany the volume.
This open access book provides insights into the everyday lives of long-term prisoners in Switzerland who are labelled as 'dangerous' and are preventatively held in indefinite, probably lifelong, incarceration. It explores prisoners' manifold ways of inhabiting the prison which can be used to challenge well established notions about the experience of imprisonment, such as 'adaptation', 'coping', and 'resistance'. Drawing on ethnographic data generated in two high-security prisons housing male offenders, this book explores how the various spaces of the prison affect prisoners' sense of self and experience of time, and how, in particular, the indeterminate nature of their imprisonment affects their perceptions of place and space. It sheds light on prisoners' subjective, emplaced and embodied perceptions of the prisons' various everyday time-spaces in the cell, at work, and during leisure time, and the forms of agency they express. It provides insight into prisoners' everyday habits, practices, routines, and rhythms as well as the profoundly existential issues that are engendered, (re)arranged, and anchored in these everyday contexts. It also offers insights into the penal policies, norms, and practices developed and followed by prison authorities and staff. |
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