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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.
This book seeks to break new ground in the way in which adolescent-to-parent violence and abuse is understood. Incorporating knowledge from an original research project undertaken in the UK and international literature, this book provides insight into the prevalence of this form of domestic violence which can include psychological, physical, and economic abuse. Young person and family characteristics are explored, and links are made between sibling aggression and school bullying behaviours. A key theme is how the data can be used to develop statistical models which can screen for young people behaving abusively towards their parents. It discusses how the research can be applied to inform theoretical frameworks, policy development, and professional practice, with a focus on prevention and early intervention that uses positive youth justice and restorative approaches.
This two-volume, edited collection lays the groundwork for an international exploration of incarceration and generation, cover a range of geographic, judicial and administrative contexts of incarceration from contributors across a range of subjects. Volume I explores an array of experiences, dynamics, cultures, interventions and impacts of incarceration in specific generations: childhood, youth and emerging adulthood, adulthood and older age. It covers topics such as: the expansion of the penal landscape; deprivation of liberty regarding children, the problem of unaccompanied migrant children; the incarceration of young adults and adults, exploring its impacts within and beyond incarceration and the consequences of imprisoning older populations. Volume II examines intergenerational relations issues within different contexts of incarceration. This collection discusses public policies and the role of the state and the citizen deprived of liberty. It speaks to academics in criminology, sociology, psychology, and law, and to practitioners and policymakers interested in incarceration.
This book explores the role that religion plays in the lives of imprisoned homicide offenders. Drawing on interviews in an English prison, the author examines how they narrate their life stories and how religion intersects with other categories to rebuild their personal identities after committing a crime and being labelled as murderers or killers. This book seeks to bridge the gap between macro and micro phenomena, examining religion as both a social institution and a personal experience. It also explores the mediating role of institutions with regards to the nature and extent of their influence upon individual choices and actions, and provides insights into the nature of the therapeutic prison. It seeks to create some clarity of understanding the complex nature of religiosity, narrative, identity, desistance and rehabilitation whilst critically examining elements of social identity that may restrict or enhance this process. It provides a series of recommendations for organisations working with convicted homicide offenders/offenders and speaks to academics and practitioners in the fields of criminology, sociology, psychology and religious/theological studies.
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.
This book explores the history of Dartmoor War Prison (1805-16). This is not the well-known Victorian convict prison, but a less familiar penal institution, conceived and built nearly half a century earlier in the midst of the long-running wars against France, and destined, not for criminals, but for French and later American prisoners of war. During a period of six and a half years, more than 20,000 captives passed through its gates. Drawing on contemporary official records from Britain, France and the USA, and a wealth of prisoners' letters, diaries and memoirs (many of them studied here in detail for the first time), this book examines how Dartmoor War Prison was conceived and designed; how it was administered both from London and on the ground; how the fate of its prisoners intertwined with the military and diplomatic history of the period; and finally how those prisoners interacted with each other, with their captors, and with the wider community. The history of the prison on the moor is one marked by high hopes and noble intentions, but also of neglect, hardship, disease and death
This book presents both a survey of and commentary upon the penal process of England and Wales between 1945 and 2020 from the primary perspective of prisons and their operational management. Part I focusses on the extent to which governmental polities, changing concepts in penology and significant events affected the performance and management of prisons during four key periods: 1945-1991; 1991-1997; 1997-2007 and 2007-2020. Part II presents a vision for more effective operation of prisons within the wider penal process in the 2020s and beyond. It draws upon the author's academic insights and his experience as a former prison governor. This book speaks to those in the social sciences, law and politics and to professionals in government and in the penal system who are interested in reform.
This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process-investigation, prosecution, incarceration, rehabilitation-to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.
For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.
Addressing common myths and misconceptions about sexual offending, this book highlights the current state of scientific knowledge about the origins and the development of sexual offending. It offers a critical overview of current criminal justice policies and close to 100 years of research on how to best improve these policies through theoretically-grounded and methodologically-rigorous research. Focusing on proactive prevention-oriented strategies, this book revisits popular ideas about sexual offending through an evidence-based lens, addressing ideological and populist discourse that has led to ineffective and reactive policies. It advocates for a clearly defined concept of the phenomenon of sexual offending to underpin research and treatment. Uniquely, authors consider sexual offending from the viewpoint of criminal justice research and practitioners, incorporating the sociohistorical construction of sexual offending as a social problem, developmental life course research, and the impact of social policies. This book is a call for more proactive research on the origins and the development of sexual offending over the life course.
"Death and Redemption" offers a fundamental reinterpretation of the role of the Gulag--the Soviet Union's vast system of forced-labor camps, internal exile, and prisons--in Soviet society. Soviet authorities undoubtedly had the means to exterminate all the prisoners who passed through the Gulag, but unlike the Nazis they did not conceive of their concentration camps as instruments of genocide. In this provocative book, Steven Barnes argues that the Gulag must be understood primarily as a penal institution where prisoners were given one final chance to reintegrate into Soviet society. Millions whom authorities deemed "reeducated" through brutal forced labor were allowed to leave. Millions more who "failed" never got out alive. Drawing on newly opened archives in Russia and Kazakhstan as well as memoirs by actual prisoners, Barnes shows how the Gulag was integral to the Soviet goal of building a utopian socialist society. He takes readers into the Gulag itself, focusing on one outpost of the Gulag system in the Karaganda region of Kazakhstan, a location that featured the full panoply of Soviet detention institutions. Barnes traces the Gulag experience from its beginnings after the 1917 Russian Revolution to its decline following the 1953 death of Stalin. "Death and Redemption" reveals how the Gulag defined the border between those who would reenter Soviet society and those who would be excluded through death.
Comics. Social Justice. Penology. One out of every hundred adults in the U.S. is in prison. This book provides a crash course in what drives mass incarceration, the human and community costs, and how to stop the numbers from going even higher. This volume collects the three comic books published by the Real Cost of Prisons Project. The stories and statistical information in each comic book is thoroughly researched and documented. "I cannot think of a better way to arouse the public to the cruelties of the prison system than to make this book widely available"--Howard Zinn.
How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters. The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time. Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.
In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.
In this enlightening study, Ian Cummins traces changing attitudes to penal and welfare systems. From Margaret Thatcher's first cabinet, to austerity politics via New Labour, the book reveals the ideological shifts that have led successive governments to reinforce their penal powers. It shows how 'tough on crime' messages have spread to other areas of social policy, fostering the neoliberal political economy, encouraging hostile approaches to the social state and creating stigma for those living in poverty. This is an important addition to the debate around the complex and interconnected issues of welfare and punishment.
This wide-ranging study provides the first comprehensive account of the forms, functions, and significance of punishment in modern society. Arguing that penal institutions are social and cultural artefacts as well as techniques of crime control, the book explores the ways in which penality interacts with a variety of social forces, including strategies of power, socio-economic structures, and cultural sensibilities. In constructing his multi-dimensional account, the author re-assesses the interpretations of punishment offered by the Durkheimian, Marxist, and Foucauldian traditions, and goes on to add a more explicitly cultural reading of his own, drawing upon recent work in cultural anthropology and the ideas of Weber and Elias. Throughout the study, the insights of social and historical theory are brought to bear upon the details of contemporary penal practice in a way which illustrates both the particularities of punishing and the general character of modern society. The resulting synthesis is a major achievement which will allow sociologists and historians to gain a better understanding of this complex social institution and will help policy-makers to develop more realistic and appropriate objectives in the field of penal policy.
This handbook brings together the knowledge on juvenile imprisonment to develop a global, synthesized view of the impact of imprisonment on children and young people. There are a growing number of scholars around the world who have conducted in-depth, qualitative research inside of youth prisons, and about young people incarcerated in adult prisons, and yet this research has never been synthesized or compiled. This book is organized around several core themes including: conditions of confinement, relationships in confinement, gender/sexuality and identity, perspectives on juvenile facility staff, reentry from youth prisons, young people's experiences in adult prisons, and new models and perspectives on juvenile imprisonment. This handbook seeks to educate students, scholars, and policymakers about the role of incarceration in young people's lives, from an empirically-informed, critical, and global perspective.
This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.
Through intimate portraits of four exonerated prisoners, journalist Alison Flowers explores what happens to innocent people after the state flings open the jailhouse door and tosses them back, empty-handed, into the unknown. From the front lines of the wrongful conviction capital of the United States Cook County, Illinois investigative journalist Alison Flowers recounts profoundly human stories of reclaiming life, overcoming adversity, and searching for purpose after exoneration. As she tells each exoneree's powerful story, Flowers vividly shows that release from prison, though sometimes joyous and hopeful, is not a Hollywood ending or an ending at all. Rather, an exoneree's first unshackled steps are the beginning of a new journey full of turmoil and uncertainty. Flowers also sheds new light on the collateral damage of wrongful convictions on families and communities, confronting deeper problems of mass incarceration and the criminal justice system.
This book critically explores the world of older prisoners to provide a more nuanced understanding of imprisonment at old age. Through an ethnographical study of male and female older prisoners in two Belgian prison settings, one in which older prisoners are integrated and one in which they are segregated, it informs debates and seeks to recognise ageist discourse, attitudes, practices in prison. The Older Prisoner seeks to situate the older prisoner from both a penological and gerontological perspective, organised around the following broad themes: the construction of the older prisoner, the physical prison world, the social prison world, surviving prison and giving meaning. The book allows readers to navigate between contrasting perspectives and voices rather than reinforcing traditional narratives and prevailing discourses on the older prisoner. In doing so, it hopes to open up a broader dialogue on ageing and punishment. It also offers insights into the concept of meaning in life as an analytical tool to study prisoners.
This book gathers the very best academic research to date on prison regimes in Latin America and the Caribbean. Grounded in solid ethnographic work, each chapter explores the informal dynamics of prisons in diverse territories and countries of the region - Venezuela, Brazil, Bolivia, Honduras, Nicaragua, Colombia, Puerto Rico, Dominican Republic - while theorizing how day-to-day life for the incarcerated has been forged in tandem between prison facilities and the outside world. The editors and contributors to this volume ask: how have fastest-rising incarceration rates in the world affected civilians' lives in different national contexts? How do groups of prisoners form broader and more integrated 'carceral communities' across day-to-day relations of exchange and reciprocity with guards, lawyers, family, associates, and assorted neighbors? What differences exist between carceral communities from one national context to another? Last but not least, how do carceral communities, contrary to popular opinion, necessarily become a productive force for the good and welfare of incarcerated subjects, in addition to being a potential source of troubling violence and insecurity? This edited collection represents the most rigorous scholarship to date on the prison regimes of Latin America and the Caribbean, exploring the methodological value of ethnographic reflexivity inside prisons and theorizing how daily life for the incarcerated challenges preconceptions of prisoner subjectivity, so-called prison gangs, and bio-political order. Sacha Darke is Senior Lecturer in Criminology at University of Westminster, UK, Visiting Lecturer in Law at University of Sao Paulo, Brazil, and Affiliate of King's Brazil Institute, King's College London, UK. Chris Garces is Research Professor of Anthropology at Universidad San Francisco de Quito, Ecuador, and Visiting Lecturer in Law at Universidad Andina Simon Bolivar, Ecuador. Luis Duno-Gottberg is Professor at Rice University, USA. He specializes in Caribbean culture, with emphasis on race and ethnicity, politics, violence, and visual culture. Andres Antillano is Professor in Criminology at Universidad Central de Venezuela, Venezuala.
Drawing on criminology, philosophy and theology, this book develops a theory of 'redemptive criminology' for practice in criminal justice settings. The therapeutic impulse for the text is a focus on the individual practitioner's ability to embrace difference with the other, to resist harsh penal measures and to bring about change from 'the bottom up'. By challenging concepts and practices of rehabilitation, the authors argue for the possibility of redemption and for forgiveness as the starting point. Using real-life examples and an interpretative approach, the book explores the connections between victims, perpetrators and the community. The text articulates challenges for the justice system and offers new insights into punishment and retribution.
Punishment is the common response to crime and deviance in all societies. However, its particular form and purpose are also linked to specific features of the structure of these societies at a particular time and place. Through a comparative historical analysis of punishment, this 2005 book is designed to identify and examine the sources of similarity and differences in types of economic punishments, incapacitation devices and structures, and lethal and non-lethal forms of corporal punishment over time and place. We will look closely at punishment responses to crime and deviance across different regions of the world and in specific countries like the United States, China, and Saudi Arabia. It is hoped that the reader will gain an appreciation for both the universal and context-specific nature of punishment and its use for purposes of social control, social change, and the elimination of threat to the prevailing authorities.
The last twenty five years have seen dramatic rises in the prison populations of most industrialised nations. Unable to keep up with increased numbers of convicted offenders, governments and criminal justice systems have been seeking new ways to control and punish offenders. One sanction adopted in Canada and some parts of Europe and the US is community custody which attempts to recreate the punitive nature of prison but without incarceration. This book analyzes the effectiveness of this approach and explores its implications for offenders and society as a whole. It demonstrates that if properly conceived and administered, community custody can reduce the number of prison admissions and at the same time promote multiple goals of sentencing. So that offenders given community custody orders are punished yet also given the opportunity to change their lives in ways that would be impossible if they were in prison. Julian V. Roberts has been working in the area of sentencing and public opinion for over twenty years. He is Editor of The Canadian Journal of Criminology and Criminal Justice and has written and co-edited ten books.
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. |
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