This book provides the first complete, literal English translation of Alexis de Tocqueville's and Gustave de Beaumont's first edition of On the Penitentiary System in the United States and Its Application to France. The work contains a critical comparison of two competing American penitentiary disciplines known as the Auburn and Philadelphia systems, an evaluation of whether American penitentiaries can successfully work in France, a detailed description of Houses of Refuge as the first juvenile detention centers, and an argument against penal colonization. The work provides valuable insights into understanding Tocqueville as a statesman, as well as a comparative look at civic engagement in early American and French penal reform movements. The Translator's Introduction provides historical context for understanding Tocqueville's work in French penal reform and the major themes of the report. The book thus fills a void in Tocquevillian studies and extrapolates the roots of American and French criminal justice systems in the nineteenth century.

This book outlines how community sentences and early release options are administered in China. Chen provides empirical insights into the emerging community sector of the Chinese penal system, and illustrates how Chinese criminal courts decide between imprisonment and community sentences. Drawing on interviews with government and non-governmental supervisors, this methodological and rigorous study offers an in-depth discussion of the enforcement of these community sanctions and measures (CSM). By using the CSM reform as an example, this book illustrates the adaptation of Chinese governance and social control. Ultimately, Chen argues that the current model of governance in China (disciplinary governance) cannot guarantee an effective state-agent relationship; it also denies local governments sufficient legitimacy to secure social stability. Finally, proposing that only the rule of law and an active judiciary can complement these two deficiencies, this book will be of great interest to scholars of criminology, law, and penology, as well as anyone who is interested in how China is held together in a socio-legal sense.

This book compiles research on female crime and delinquency in Portugal in order to critically and reflectively explore interdisciplinary views on the link between gender, crime and delinquency. Contributions are organized into two main parts, with Part I dedicated to the relationship between women and crime, and Part II focused on female juvenile delinquency. Through the exploration of girls' and women's relationships with delinquency and crime, as well as with the justice system, this original and compelling collection highlights the heterogeneity of girls' and women's experiences, whilst also underlining the convergences and divergences between them. Ultimately, Gomes and Duarte argue that understanding how women and girls explain their offending behaviours and how they relate to the criminal justice system is of the utmost importance for reforming social and legal policies. As such, this book will be of value not only for students, researchers and professionals of the social, behavioural and criminal sciences, but also for policy-makers seeking to provide greater efficiency in preventing crime and delinquency.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

This book explores the role of self-medication in reflexive response to victimhood and victim recovery. Based on interviews, counsellor focus groups and a self-medication survey, it situates self-medication among the coping strategies that may be set in formal and informal networks. Victims primarily seek validation, and this book reviews self-medication with particular focus on how victim-survivors develop a variety of reflexive responses in their attempt to carve out a dignified response to victimization. Validation may be achieved through the pursuit of justice, but many victims suffer from multiple or complex victimisation, with limited social chances necessary to achieve a just outcome. Routines, beliefs and an ordered pathway distinguish a dignified identity and more or less successful recovery adaptations. This book also addresses the practical implications of the findings for support organisations.

This book presents and uses a major, new database of the most serious forms of internal resistance to the Nazi state to study empirically the whole phenomenon of resistance to an authoritarian regime. By studying serious political resistance from a quantitative historical perspective, the book opens up a new avenue of research for economic history. The database underpinning the book was painstakingly compiled from official state records of treason and/or high treason tried before the German People's Court (Volksgerichtshof) between 1933 and 1945. It brings together material on resistance groups stored in the archives of the Federal Republic of Germany and Austria with previously inaccessible files from the former German Democratic Republic, Czechoslovakia and Soviet Union. Through searching these records, the authors have been able to reconstruct in hitherto unattainable detail the economic, social, political, ethnic and familial profiles, backgroun ds, and influences of all 4,378 civilians of the Third Reich active in Germany, Austria and the outside territories for whom there are complete records. The findings of their research afford fresh, new interdisciplinary insights and perspectives, not only on the configuration, timing, impact and profile of resistance to the Nazi state, but also on a range of real-world behaviours common within authoritarian states, such as defection, reward and punishment, and commitment to group identities. The book's statistical analysis reveals precisely the who, how, where and when of serious resistance. In so doing, it advances significantly our understanding of the overall pattern and nature of serious resistance within Nazi Germany.

Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949-1979) through the Deng era (1980-1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

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 volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology ('Europe in prisons') which complements the conventional comparative approach ('prisons in Europe'). The chapters examine the impact - if any - that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.

This book brings together a collection of emergent research that moves the debate on desistance beyond a general consideration of individual and social structural influences. The authors examine empirical developments which have implications for policy surrounding resettlement and re-offending, but also for punishment practices. Presenting thought-provoking theoretical advances and critiques, the editors challenge and enrich traditional understandings of desistance. A wide range of chapters explore how some criminal justice interventions hinder the desistance process, but also how alternative approaches may be more helpful in promoting and supporting desistance. Thorough and diverse, this book will be of great interest to scholars of criminology and criminal justice, social policy, sociology and psychology, and of special interest to researchers and practitioners working with (ex-)offenders.

This book examines the lives of the sentenced to argue that 'sentencing' should be re-conceived to consider the human perspective. It combines a range of modern criminological and legal theories together with interviews with prisoners in New South Wales, to examine their lives during and beyond completing the terms of imprisonment, for a more continuous and coherent perspective on the process of 'sentencing'. This book makes a strong argument for the practical advantages of listening to the voices of the sentenced and it is therefore a useful tool for the correctional community engaged in providing services and programmes to reduce recidivism. A methodological and well-researched text, this book will be of particular interest to scholars of criminal justice and the penal system, as well as policy makers and practitioners.

This collection focuses on media representations of Amanda Knox and Raffaele Sollecito, defendants in the Meredith Kercher murder case. Adopting a multidisciplinary approach, encompassing criminology, socio-legal analysis, critical discourse studies, cultural studies and celebrity studies, the book analyses how this case was narrated in the media and why Knox emerged as the main protagonist. The case was one of the first transmedia crime stories, shaped and influenced by its circulation between a variety of media platforms. The chapters show how the new media landscape impacts on the way in which different stakeholders, from suspects and victims' families to journalists and the general public, are engaging with criminal justice. While traditional news media played a significant role in the construction of innocence and guilt, social media offered users a worldwide forum to talk back in a way that both amplified and challenged the dominant media narrative biased in favour of a presumption of guilt. This book begins with a new and original foreword written by Yvonne Jewkes, University of Brighton, UK.

This book offers an ethnographic study of the lives of girls in the juvenile justice system. Based on rich, narrative accounts, the girls at the center of the study are viewed as confronted with the power of simultaneous race, class, and gender hierarchies. Through this framework, we see how the girls navigate this challenge by seeking status in their everyday lives: in their families; juvenile justice institutions; and neighborhood organizations, including gangs. Through analyzing the ways that the girls strive for higher social status, this book provokes debate about how policies and programs may be creatively rethought to incorporate this pursuit. Girls and Juvenile Justice offers a glimpse into the hearts, minds, and souls of adolescent girls. It will be of great interest for scholars of criminal justice, sociology, women's studies, and social-psychology.

This edited collection brings together leading scholars to comparatively investigate national security, surveillance and terror in the early 21st century in two major western jurisdictions, Canada and Australia. Observing that much debate about these topics is dominated by US and UK perspectives, the volume provides penetrating analysis of national security and surveillance practices in two under-studied countries that reveals critical insights into current trends. Written by a wide range of experts in their respective fields, this book addresses a fascinating array of timely questions about the relationship among national security, privacy and terror in the two countries and beyond. Chapters include critical assessments of topics such as: National Security Intelligence Collection since 9/11, The Border as Checkpoint in an Age of Hemispheric Security and Surveillance, Unmanned Aerial Vehicles and Law Enforcement, as well as Federal Government Departments and Security Regimes. An engaging and empirically driven study, this collection will be of great interest to scholars of security and surveillance studies, policing, and comparative criminology.

This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.

This book, the first of two volumes edited by McCartan and Kemshall, focusses on perceptions of sexual offenders, and how risk is used by policy makers, stakeholders, academics and practitioners to both construct and respond to unknown and known sex offenders within the contexts of criminal justice, health and social policy. The chapters provide an oversight of contemporary policies, practices and debates within the area to help both professionals and researchers. The collection focuses on emerging areas (public health approaches, prevention, public perceptions of sexual abuse, and social constructionism), as well as more traditional topics (media, preventative and exceptional sentencing, resilience, and work force development). The authors examine public and professional engagement on sex offender management, and the changing socio-political landscape of sexual offender management. A bold and engaging volume, this edited collection will be of great importance to scholars and practitioners interested in perceptions of sexual offending.

This book discusses the role of the prison in Europe across a divide of over 200 years. Inspired by the travels of the prison reformer John Howard (1726-1790), who visited prisons across Europe in the eighteenth century, it fundamentally reflects on centuries of the practice of locking people up as punishment. Howard travelled across Europe to visit prisons, with a simple method: he travelled and knocked on prison doors on his journey and entered the premises. He then observed the situation in the prison, took notes and left to visit other locations. Howard's influential book The State of the Prisons resulted from his experiences, provoking debate among prison reformers and academics worldwide. Adopting the contemporary methods of prison tourism research, the author follows in Howard's footsteps. He draws on extensive research conducted in prisons across six countries: England, Norway, the Netherlands, France, Italy and Azerbaijan. Howard's reflections are used as a frame to assess contemporary prisons, particularly revolving around the questions of what prisons are for today, and what they should (or should not) be. It will be of great interest to criminologists researching prisons and penology, as well as historians interested in the histories of punishment.

This edited collection focuses on the sociology of 'social censure' - the sociological term advocated by Colin Sumner in his seminal writing of the 1980s and 1990s. Social censure has become increasingly important in contemporary criminological writing. This can especially be seen in recent writing on gender and race and also in terms of the way that the state's relationship to crime is now understood. This collection addresses a deficit in the published literature and both revisits themes from an earlier era and looks forward to the development of new writing that develops Sumner's seminal work on social censure. The contributors are drawn from leading scholars from across the Social Sciences and Law and they address a wide range of issues such as: race, youth justice, policing, welfare, and violence. The resulting volume is an interdisciplinary text which will be of special interest to scholars and students of Critical Criminology and Socio-Legal Studies, as well as those interested in the operation of the criminal justice system and criminological theory.

John Grisham's first work of nonfiction, an exploration of small town justice gone terribly awry, is his most extraordinary legal thriller yet.
In the major league draft of 1971, the first player chosen from the State of Oklahoma was Ron Williamson. When he signed with the Oakland A's, he said goodbye to his hometown of Ada and left to pursue his dreams of big league glory.
Six years later he was back, his dreams broken by a bad arm and bad habits--drinking, drugs, and women. He began to show signs of mental illness. Unable to keep a job, he moved in with his mother and slept twenty hours a day on her sofa.
In 1982, a 21-year-old cocktail waitress in Ada named Debra Sue Carter was raped and murdered, and for five years the police could not solve the crime. For reasons that were never clear, they suspected Ron Williamson and his friend Dennis Fritz. The two were finally arrested in 1987 and charged with capital murder.
With no physical evidence, the prosecution's case was built on junk science and the testimony of jailhouse snitches and convicts. Dennis Fritz was found guilty and given a life sentence. Ron Williamson was sent to death row.
If you believe that in America you are innocent until proven guilty, this book will shock you. If you believe in the death penalty, this book will disturb you. If you believe the criminal justice system is fair, this book will infuriate you.

This book provides a comprehensive overview of the methods used in the Criminal Justice system in the United States to counsel and treat offenders. It is aimed at advanced undergraduate and early graduate-level students for courses in Correctional Treatment or Rehabilitation, or Community Corrections more broadly. The sections in the book provide: - Aims and Scope of Correctional Counseling and Treatment -Tools that Corrections Workers Use (including counseling and case management) - Behavioral Modification Treatments: Examples and Applications - Cognitive Therapies: Examples and Applications Throughout the text, there is an emphasis on the big picture: the interaction of the correctional component of the justice system with other components, particularly courts (including special courts like family courts, drug courts, veterans courts and other programs). Chapters in this book address the diverse population of correctional facilities, including juvenile offenders; those with mental illness, addiction and substance abuse problems, physical and mental disabilities; and homeless populations. The author also provides analysis of how legislation influences the corrections process. This work is also enhanced by providing comparative analysis of the criminal and juvenile justice systems: their goals, objectives, and how these can affect counseling and treatment available within these two systems. This pedagogical features of this engaging text include: excerpted interviews with correctional practitioners about the problems and challenges they encounter, discussion questions, classification instruments and real-world examples of specific treatments programs, and case studies that give students the chance to select the appropriate interviewing, counseling or treatment approach to deal with the problem/ issues of the case. This work provides students with an overview of the methods used for Correctional Treatment and Counseling, and the tools to begin to think critically about how and when to apply these methods.

This book responds to the claim that criminology is becoming socially and politically irrelevant despite its exponential expansion as an academic sub-discipline. It does so by addressing the question 'what is to be done' in relation to a number of major issues associated with crime and punishment. The original contributions to this volume are provided by leading international experts in a wide range of issues. They address imprisonment, drugs, gangs, cybercrime, prostitution, domestic violence, crime control, as well as white collar and corporate crime. Written in an accessible style, this collection aims to contribute to the development of a more public criminology and encourages students and researchers at all levels to engage in a form of criminology that is more socially relevant and more useful.

This new edition of The Prison and the Factory, a classic work on radical criminology, includes two new, long essays from the authors and a foreword from Professor Jonathan Simon (UC Berkeley). In the two essays, Melossi and Pavarini reflect on the origins, development and fortune of The Prison and the Factory in relation to the debates surrounding mass incarceration that have taken place since this book was first published 40 years ago. The reputation of the original work has long been established worldwide, and this updated version will be of very special interest to scholars of the criminal justice system, penology, and Marxist theory. This seminal book examines the links between the development of capitalist political economy and changing forms of social control. Melossi and Pavarini analyse the connection between the creation of penal institutions and regimes in Europe and the USA, and the problems generated by the emergence of capitalist social relations. They provide a thorough neo-Marxist view of emergent capitalism and the penal mechanisms which are constructed to deal with the problem of labour. Contemporary to but independent from the work of Michel Foucault, Melossi and Pavarini combine research on the development of penal philosophies and institutions with a rigorous account of changing forms of capital accumulation, focusing on the use, and the problem, of labour under capitalist relations.

Many controversies in American criminal law reflect the tension between older and newer conceptions of the purposes of punishment. The English common law of crimes was centrally concerned with suppressing vengeance and asserting royal authority. Thus it enforced a royal peace by conditioning punishment on unauthorized force and harm to particular victims. The development of American criminal law has been the story of the emergence of this utilitarianism of criminal offending as the imposition of risk or the violation of consent, combined with culpability. This conception is reflected in the Model Penal Code and many state codes. Yet understanding contemporary criminal law requires that we also remember the model of offending as trespass against sovereignty out of which it emerged. In The Oxford Introductions to U.S. Law: Criminal Law, Guyora Binder reviews the development of American criminal law and explains its key concepts and persistent controversies in light of its history. These key concepts include retribution and prevention as purposes of punishment; the requirements of a criminal act and a culpable mental state; criteria of causal responsibility; modes of violating consent; doctrines of attribution of liability for incomplete offenses, including attempt, conspiracy and complicity; and defenses of justification and excuse.

This book is an interdisciplinary collection of essays on Le Groupe d'information sur les prisons (The Prisons Information Group, or GIP). The GIP was a radical activist group, extant between 1970 and 1973, in which Michel Foucault was heavily involved. It aimed to facilitate the circulation of information about living conditions in French prisons and, over time, it catalyzed several revolts and instigated minor reforms. In Foucault's words, the GIP sought to identify what was 'intolerable' about the prison system and then to produce 'an active intolerance' of that same intolerable reality. To do this, the GIP 'gave prisoners the floor,' so as to hear from them about what to resist and how. The essays collected here explore the GIP's resources both for Foucault studies and for prison activism today.

Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards. Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond.