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.

California is a state of immense contradictions. Home to colossal wealth and long portrayed as a bastion of opportunity, it also has one of the largest prison populations in the United States and consistently ranks on the bottom of education indexes. Taking a unique, multifaceted insider's perspective, First Strike delves into the root causes of its ever-expansive prison system and disastrous educational policy. Recentering analysis of Black masculinity beyond public rhetoric, First Strike critiques the trope of the "school-to-prison pipeline" and instead explores the realm of public school as a form of "enclosure" that has influenced the schooling (and denial of schooling) and imprisonment of Black people in California. Through a fascinating ethnography of a public school in Los Angeles County, and a "day in the life tour" of the effect of prisons on the education of Black youth, Damien M. Sojoyner looks at the contestation over education in the Black community from Reconstruction to the civil rights and Black liberation movements of the past three decades. Policy makers, school districts, and local governments have long known that there is a relationship between high incarceration rates and school failure. First Strike is the first book that demonstrates why that connection exists and shows how school districts, cities and states have been complicit and can reverse a disturbing and needless trend. Rather than rely upon state-sponsored ideological or policy-driven models that do nothing more than to maintain structures of hierarchal domination, it allows us to resituate our framework of understanding and begin looking for solutions in spaces that are readily available and are immersed in radically democratic social visions of the future.

Trapped in a Vice explores the consequences of a juvenile justice system that is aimed at promoting change in the lives of young people, yet ultimately relies upon tools and strategies that enmesh them in a system that they struggle to move beyond. The system, rather than the crimes themselves, is the vice. Trapped in a Vice explores the lives of the young people and adults in the criminal justice system, revealing the ways that they struggle to manage the expectations of that system; these stories from the ground level of the justice system demonstrate the complex exchange of policy and practice.

In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Crime Control As Industry, translated into many languages, is a modern classic of criminology and sociology. Nils Christie, one of the leading criminologists of his era, argues that crime control, rather than crime itself is the real danger for our future. Prison populations, especially in Russia and America, have grown at an increasingly rapid rate and show no signs of slowing. Christie argues that this vast and growing population is the equivalent of a modern gulag, run by a rapacious industry, both public and private, with vested interests in incarceration. Pain and confinement are products, like any other, with a potentially limitless supply of resources. Widely hailed as a classic account of crime and restorative justice Crime Control As Industry's prophetic insights and proposed solutions are essential reading for anyone interested in crime and the global penal system. This Routledge Classics edition includes a new foreword by David Garland.

For a revolutionary generation of Irishmen and Irishwomen - including suffragettes, labour activists, and nationalists - imprisonment became a common experience. In the years 1912-1921, thousands were arrested and held in civil prisons or in internment camps in Ireland and Britain. The state's intent was to repress dissent, but instead, the prisons and camps became a focus of radical challenge to the legitimacy and durability of the state. Some of these prisons and prisoners are famous: Terence MacSwiney and Thomas Ashe occupy a central position in the prison martyrology of Irish republican culture, and Kilmainham Gaol has become one of the most popular tourist sites in Dublin. In spite of this, a comprehensive history of political imprisonment focused on these years does not exist. In Imprisonment and the Irish, 1912-1921, William Murphy attempts to provide such a history. He seeks to detail what it was like to be a political prisoner; how it smelled, tasted, and felt. More than that, the volume demonstrates that understanding political imprisonment of this period is one of the keys to understanding the Irish revolution. Murphy argues that the politics of imprisonment and the prison conflicts analysed here reflected and affected the rhythms of the revolution. In doing so, he not only reconstructs and assesses the various experiences and actions of the prisoners, but those of their families, communities, and political movements, as well as the attitudes and reactions of the state and those charged with managing the prisoners.

The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far-reaching. In this study, the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyze and explain the increasing use of prosecutorial power. The overlap between the role of prosecutor and judge is also discussed.

Originally published in 1974 and the recipient of the Denis Carroll Book Prize at the World Congress of the International Criminology Society in 1978, Thomas Mathiesen's The Politics of Abolition is a landmark text in critical criminology. In its examination of Scandinavian penal policy and call for the abolition of prisons, this book was enormously influential across Europe and beyond among criminologists, sociologists and legal scholars, as well as advocates of prisoners' rights. Forty years on and in the context of mass incarceration in many parts of the world, this book remains relevant to a new generation of penal scholars. This new edition includes a new introduction from the author, as well as an afterword that collects contributions from leading criminologists and inmates from Germany, England, Norway and the United States to reflect on the development and current state of the academic literature on penal abolition. This book will be suitable for academics and students of criminology and sociology, as well as those studying political science. It will also be of great interest to those who read the original book and are looking for new insights into an issue that is still as important and topical today as it was forty years ago.

Focusing contemporary democratic theory on the neglected topic of punishment, Punishment, Participatory Democracy, and the Jury argues for increased civic engagement in criminal justice as an antidote to the American penal state. Albert W. Dzur considers how the jury, rather than merely expressing unreflective public opinion, may serve as a participatory institution that gathers and utilizes citizens' juridical capabilities. In doing so, the book resists trends in criminal justice scholarship that blame increases in penal severity on citizen participation and rejects political theorists' longstanding skepticism of lay abilities.
Dzur distinguishes constructive citizen involvement that takes responsibility for public problems from a mass politics mobilized superficially around single issues. This more positive view of citizen action, which was once a major justification for the jury trial, is now also manifest in the restorative justice movement, which has incorporated lay people into community boards and sentencing circles. Both jury trials and restorative justice programs, Dzur explains, are examples of rational disorganization, in which lay citizen action renders a process less efficient yet also contributes valuable qualities such as attunement, reflectiveness, and full-bodied communication. While restorative justice programs and participatory policy forums such as citizens' juries have become attractive to reformers, traditional juries have suffered a steep and troubling decline. Punishment, Participatory Democracy, and the Jury advocates a broader role for jurors in the criminal courts and more widespread use of jury trials.
Though no panacea for a political culture grown too comfortable with criminalization and incarceration, participatory institutional designs that rationally disorganize punishment practices and slow down criminal justice can catalyze civic responsibility and public awareness about the need to find alternative paths forward for America's broken penal system.

The Routledge Handbook of Graffiti and Street Art integrates and reviews current scholarship in the field of graffiti and street art. Thirty-seven original contributions are organized around four sections: History, Types, and Writers/Artists of Graffiti and Street Art; Theoretical Explanations of Graffiti and Street Art/Causes of Graffiti and Street Art; Regional/Municipal Variations/Differences of Graffiti and Street Art; and, Effects of Graffiti and Street Art. Chapters are written by experts from different countries throughout the world and their expertise spans the fields of American Studies, Art Theory, Criminology, Criminal justice, Ethnography, Photography, Political Science, Psychology, Sociology, and Visual Communication. The Handbook will be of interest to researchers, instructors, advanced students, libraries, and art gallery and museum curators. This book is also accessible to practitioners and policy makers in the fields of criminal justice, law enforcement, art history, museum studies, tourism studies, and urban studies as well as members of the news media. The Handbook includes 70 images, a glossary, a chronology, and the electronic edition will be widely hyperlinked.

Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman's thesis of the social production of immorality in the context of criminalization and social control and addresses processes of 'othering' through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning 'terrorists' and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.

An initiative supported by leading political, academic, religious and professional figures and in association with Queen Mary University of London. Virtually half-a-century has passed since the last Royal Commission on the Penal System was dissolved, its work uncompleted. Looking forwards, six members of the Commission asserted that 'after some years' a new Royal Commission would be of great public service. As commentators, writers and practitioners, Sir Louis Blom-Cooper QC and Professor Sean McConville have many decades of experience of penal policy and practice. Some 20-years ago they urged the appointment of a new Royal Commission on the subject. They have since pressed their case in letters to major newspapers and in earlier writings. In this publication the momentum for which is supported by leading figures, they make the case for a new Royal Commission that will be reflective, effective and swift, capable of building consensus and providing directions for generations. They argue that penal policy is fragmented and frequently irrational, contradictory, counterproductive, insubstantial and put together in a haphazard way.The dynamics and pressures of party politics inevitably mean that penal policy often emerges in response to hard cases and headlines. As this pamphlet claims, broader and more considered views, drawing on evidence and seeking to maximise social good, cannot be delivered by politicians afraid of missing an opportunity to score party political points.

Should public opinion determine-or even influence-sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

For a revolutionary generation of Irishmen and Irishwomen - including suffragettes, labour activists, and nationalists - imprisonment became a common experience. In the years 1912-1921, thousands were arrested and held in civil prisons or in internment camps in Ireland and Britain. The state's intent was to repress dissent, but instead, the prisons and camps became a focus of radical challenge to the legitimacy and durability of the status quo. Some of these prisons and prisoners are famous: Terence MacSwiney and Thomas Ashe occupy a central position in the prison martyrology of Irish republican culture, and Kilmainham Gaol has become one of the most popular tourist sites in Dublin. In spite of this, a comprehensive history of political imprisonment focused on these years does not exist. In Imprisonment and the Irish, 1912-1921, William Murphy attempts to provide such a history. He seeks to detail what it was like to be a political prisoner; how it smelled, tasted, and felt. More than that, the volume demonstrates that understanding political imprisonment of this period is one of the keys to understanding the Irish revolution. Murphy argues that the politics of imprisonment and the prison conflicts analysed here reflected and affected the rhythms of the revolution, and this volume not only reconstructs and assesses the various experiences and actions of the prisoners, but those of their families, communities, and political movements, as well as the attitudes and reactions of the state and those charged with managing the prisoners.

Germany today has one of the lowest incarceration rates in the industrialized world, and social welfare principles play an essential role at all levels of the German criminal justice system. Warren Rosenblum examines the roots of this social approach to criminal policy in the reform movements of the Wilhelmine and Weimar periods, when reformers strove to replace state institutions of control and incarceration with private institutions of protective supervision. Reformers believed that private charities and volunteers could diagnose and treat social pathologies in a way that coercive state institutions could not. The expansion of welfare for criminals set the stage for a more economical system of punishment, Rosenblum argues, but it also opened the door to new, more expansive controls over individuals marked as ""asocial."" With the reformers' success, the issue of who had power over welfare became increasingly controversial and dangerous. Other historians have suggested that the triumph of eugenics in the 1890s was predicated upon the abandonment of liberal and Christian assumptions about human malleability. Rosenblum demonstrates, however, that the turn to ""criminal biology"" was not a reaction against social reform, but rather an effort to rescue its legitimacy.

This book explores how prisoners turn themselves into active opponents of the prison regime, and thus reclaim their freedom and manhood. Using extensive ethnographic fieldwork from Norway's largest prison, Ugelvik provides a compelling analysis of the relationship between power, practices of resistance and prisoner subjectivity.

Police who engage in torture are condemned by human rights activists, the media, and people across the world who shudder at their brutality. Stark revelations about torture by American forces at places like Guantanamo Bay have stoked a fascination with torture and debates about human rights. Yet despite this interest, the public knows little about the officers who actually commit such violence. How do the police understand what they do? How do their beliefs inform their responses to education and activism against torture? Just Violence reveals the moral perspective of perpetrators and how they respond to human rights efforts. Through interviews with law enforcers in India, Rachel Wahl uncovers the beliefs that motivate officers who use and support torture, and how these beliefs shape their responses to international human rights norms. Although on the surface Indian officers' subversion of human rights may seem to be a case of "local culture" resisting global norms, officers see human rights as in keeping with their religious and cultural traditions-and view Western countries as the primary human rights violators. However, the police do not condemn the United States for violations; on the contrary, for Indian police, Guantanamo Bay justifies torture in New Delhi. This book follows the attempts of human rights workers to both persuade and coerce officers into compliance. As Wahl explains, current human rights strategies can undermine each other, leaving the movement with complex dilemmas regarding whether to work with or against perpetrators.

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

" Given the choice, instead of a slow, scheduled death, we ask the government of France, the voice of human rights and liberties, to instantly re-establish the real death penalty for all of us ."
- This petition, dated 16 January 2006, was signed by ten prisoners serving long sentences at Clairvaux
Description

"Bastille Nation" tells the story of an attempt to reform the French prison system, resulting in the passing of a penitentiary law at the end of 2009. This law had been ten years in the making, and was presented as the culmination of the modernization and humanization of the French prison system. The law was challenged by political parties, unions, associations and human rights groups. Yet, despite this opposition, the prison administration went about recovering its position of expertise in the face of this vocal criticism. Unresolved points of conflict still exist and continue to shift. The persistence of activist groups, official authorities and opposition parties has allowed prisoners to continue to challenge the system. By contributing to the study of the various means by which prisoners make demands and subjectify themselves, this book also recounts the history of prisons on the "outside" as well as on the "inside, " casting light on both the juxtaposition of voices and their unequal power relationship.

Endorsements

..".What is striking, and what Berard and Chantraine bring out with admirable clarity and passion is the insistence by prisoners on their dignity and that they be treated as human beings and as citizens of the Republic."
- James Scott, Sterling Professor of Political Science, Yale University and author of "The Art of Not Being Governed."
..".an emancipatory text which breaks down the prison walls and gives voice to the incarcerated, presenting them as political subjects rather than as offenders or criminals."
- Emma Bell, Senior Lecturer, Universite de Savoie, and author of "Criminal Justice and Neoliberalism."

This book is the first of its kind that brings together human geography and the sociology of punishment to explore the relationship between distance and the punishment in contemporary Russia. Using established penological and geographical theories, the book presents in-depth empirical research to show how the experiences of women prisoners are shaped by the distances that the Russian penal service sends prisoners to serve their sentences. Its most eye-catching feature is its use of interviews conducted by the authors and their research team with adult and juvenile women prisoners, ex-prisoners and prison officers in penal facilities in different regions of the Russian Federation between 2006 and 2010. It includes discussion of the impact of Russia's distinctive penal geography on prisoners' family relationships, how women prisoners' sense of place and gender identities are shaped and re-shaped on their journey from pre-trial facility to 'correction colony' to release, and the social hierarchies, relationships and practices that characterise Russia's penal institutions for women. The authors are both experienced researchers in Russia. The book brings together their complementary disciplinary expertise in the development of the concept of 'coerced mobilization' to explore Russia's punishment culture. The book argues that Russia's inherited geography of penality, combined with traditional ideas about women's role that shape the penal service's management of women prisoners, add to their 'pains of imprisonment'. Crucially, the authors show how these factors are constraining the Russian penal service's ability to implement successive reforms aimed at humanizing Russia's notoriously tough prisons. Russian imprisonment as it relates to women is, they believe, an area of significant concern for lawmakers in that country as well as to human rights campaigners, geographers interested in space and power, and scholars studying the post-Soviet system.

The huge prison buildup of the past four decades has few defenders, yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship--posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies--one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.

Bio-Privacy: Privacy Regulations and the Challenge of Biometrics provides an in-depth consideration of the legal issues posed by the use of biometric technology. Focusing particularly on the relationship between the use of this technology and the protection of privacy, this book draws on material across a range of jurisdictions in order to explore several key questions. What are the privacy issues in the biometric context? How are these issues currently dealt with under the law? What principles are applied? Is the current regulation satisfactory? Is it applied consistently? And, more generally, what is the most appropriate way to deal with the legal implications of biometrics? Offering an analysis, and recommendations, with a view to securing adequate human rights and personal data protection, Bio-Privacy: Privacy Regulations and the Challenge of Biometrics will be an important reference point for those with interests in the tension between freedom and security.

A Restorative Justice Reader brings together carefully chosen extracts from the most important and influential contributions to the literature of restorative justice, accompanying these with an informative commentary providing context and explanation. It includes works by both well known advocates of restorative justice and by some of the key critics of the restorative justice movement.

The new edition has been thoroughly revised to take account of the rapid expansion of the literature of restorative justice over the last decade. Classical readings are accompanied by more recent literature representing the most significant contributions to research, discussion and debate concerning restorative justice. The latest edition also contains:

• a new section containing key contributions to the research literature evaluating what works in restorative justice.
• a brief guide to studying restorative justice