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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores - among others - retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
This book provides an up-to-date analysis of major issues in the field of sexual abuse, both established and emerging, and asks how we can develop the most evidence-based, fit-for-purpose approach in responding to and preventing it. Sexual abuse is a multi-disciplinary, international issue that exists at the crossroads of theory, practice, and research. Therefore, the book is future-facing and asks the reader to critically reflect upon current and future research and practice, and to ask: what next? In doing this the book examines the theory, research, and practice on a range of topics including, grooming behaviors, risk management, risk assessment, sexual fantasies, professional engagement, and policy development. These, and other essential topics for effective and efficient care for people who have committed sexual offenses, are addressed as part of the ultimate goal to reduce and even eliminate sexual victimization in the future.
General Books publication date: 2009 Original publication date: 1917 Original Publisher: The H.W. Wilson company Subjects: Prisons Reformatories Debates and debating Language Arts
This handbook provides a holistic and comprehensive examination of issues related to criminal justice reform in the United States from a multidisciplinary perspective. Divided into five key domains of reform in the criminal justice system, it analyzes: - Policing - Policy and sentencing - Reentry - Treatment - Alternatives to incarceration Each section provides a history and overview of the domain within the criminal justice system, followed by chapters discussing issues integral to reform. The volume emphasizes decreasing incarceration and minimizing racial, ethnic and economic inequalities. Each section ends with tangible recommendations, based on evidence-based approaches for reform. Of interest to researchers, scholars, activists and policy makers, this unique volume offers a pathway for the future of criminal justice reform in the United States.
When the crowd gathered to see the hangman launching teenager Robert Smith into eternity on a wet Tuesday in 1868, it was the last time this public spectacle would be witnessed in Scotland. Smith's crime was heinous, his public punishment brutal. And, finally, it was the end of a tragic public theatre which had drawn eager, baying crowds for more than a thousand years. Launched Into Eternity is a fascinating account of crime and public punishment in Scotland. From bloody Viking penalties to the execution of William Wallace, and from witch hunts and public drownings to the horrific execution in 1820 of three Scots Radicals whose crime was to campaign for a fairer deal for the downtrodden, this is an astonishing and macabre story. But it is perhaps less surprising when you consider that by 1800, judges had the authority to hand out the death penalty for more than 200 separate offences. Times have undoubtedly changed for the better, but the shadows of our history offer a fascinating insight into the brutality of life and the public punishments of the past.
This book expands the field of prison research by drawing on six months of unique, ethnographic research in Santa Monica prison, the largest women's prison in Lima, Peru. Using feminist and decolonial perspectives, it explores power and the governance system and its implications on how the prison operates and the lived experiences of women prisoners and their interpersonal relationships. It reflects on the intersection of prison, imprisonment and gender from a Global South perspective and includes methodological reflections on how to research prisons in the Global South holistically. It fills a gap and engages with debates on governmentality and women's agency within the penal context.
This book presents a comprehensive view of the financial and non-financial consequences of criminal behavior, crime prevention, and society's response to crime. Crime costs are far-reaching, including medical costs, lost wages, property damage and pain, suffering, and reduced quality of life for victims and the public at large; police, courts, and prisons; and offenders and their families who may suffer consequences incidental to any punishment they receive for committing crime. The book provides a comprehensive economic framework and overview of the empirical methodologies used to estimate costs of crime. It provides an assessment of what is known and where the gaps in knowledge are in understanding the costs and consequences of crime. Individual chapters focus on victims, governments, as well as the public at large. Separate chapters detail the various methodologies used to estimate crime costs, while two chapters are devoted to policy analysis - both cost-effectiveness and benefit-cost analysis. The second edition is completely updated and expanded since the first edition in 2005. All cost estimates have also been updated. In addition, due to a significant increase in the number of studies on the cost of crime, new chapters focus on the costs to offenders and their families; white-collar and corporate crime; and the cost of crime estimates around the world. Understanding the costs of crime can lead to important insights and policy conclusions - both for criminal justice policy and other social ills that compete with crime for government funding. Thus, the target audience for this book includes criminologists and policy makers who are seeking to apply rigorous social science methods to assist in developing appropriate criminal justice policies. Note that the book is non-technical and does not assume the reader is conversant in economics or statistics.
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
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.
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 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 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.
Punishment occupies a central place in our lives and attitudes. We suffer a profound ambivalence about its moral consequences. Persons who have been punished or are liable to be punished have long objected to the legitimacy of punishment. We are all objects of punishment, yet we are also its users. Our ambivalence is so profound that not only do we punish others, but we punish ourselves as well. We view those who submit too willingly to punishment as "obedient" verging on the groveling coward, and we view those who resist punishment as "disobedient," rebels. In "The Punishment Response" Graeme Newman describes the uses of punishment and how these uses change over time. Some argue that punishment promotes discrimination and divisiveness in society. Others claim that it is through punishment that order and legitimacy are upheld. It is important that punishment is understood as neither one nor the other; it is both. This point, simple though it seems, has never really been addressed. This is why Newman claims we wax and wane in our uses of punishment; why punishing institutions are clogged by bureaucracy; why the death penalty comes and goes like the tide. Graeme Newman emphasizes that punishment is a cultural process and also a mechanism of particular institutions, of which criminal law is but one. Because academic discussions of punishment have been confined to legalistic preoccupations, much of the policy and justification of punishment have been based on discussions of extreme cases. The use of punishment in the sphere of crime is an extreme unto itself, since crime is a minor aspect of daily life. The uses of punishment, and the moral justifications for punishment within the family and school have rarely been considered, certainly not to the exhaustive extent that criminal law has been in this outstanding work.
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.
The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.
The book offers an incisive collection of contemporary research into the problems of crime control and punishment. It has three inter-related aims: to take stock of current thinking on punishment, regulation, and control in the early years of a new century and in the wake of a number of critical junctures, including 9/11, which have transformed the social, political, and cultural environment; to present a selection of the diverse epistemological and methodological frameworks which inform current research; and finally to set out some fruitful directions for the future study of punishment. The contributions to this collection cover some of the most exciting and challenging areas of current research including terrorism and the politics of fear, penality in societies in transition, penal policy and the construction of political identity, the impact of digital culture on modes of compliance, the emergent hegemony of information and surveillance systems, and the evolving politics of victimhood. Taken together, this work draws connections between local problems of crime control, transnational forms of governance, and the ways in which certain political and jurisprudential discourses have come to dominate policy and practice in western penal systems. ERRATUM The sentence on p. 153, lines 5-7 should read "...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998." No other part of the book is affected by this correction.
Expertly drawing on international examples and existing literature, Penal Populism closes a gap in the field of criminology. In this fascinating expose of current crime policy, John Pratt examines the role played by penal populism on trends in contemporary penal policy. Penal populism is associated with the public's decline of deference to the criminal justice establishment amidst alarm that crime is out of control. Pratt argues that new media technology is helping to spread national insecurities and politicians are not only encouraging such sentiments but are also being led on by them. Pratt explains it is having most influence in the development of policy on sex offenders, youth crime, persistent criminals and anti-social behavior. This topical resource also covers new dimensions of the phenomenon, including: the changing nature and structure of the mass media; less reliance on the more orthodox expertise of civil servants and academics; and limitations to the impact of populism, bureaucratic resistance from judges, lawyers and academics and the restorative justice movement.This is essential reading for students, researchers and professionals working in criminology and crime policy.
This textbook examines prisons and imprisonment. Historically, prisons and prisoners have been a source of interest to the general public. However, despite near universal acceptance of imprisonment as a feature of society, we know relatively little about the reality of prison life, or the effects it has on individuals and communities. Using academic scholarship, empirical research, government papers, policy reports, and accounts from lived experiences of the institution, this book analyses the complexities and contradictions of prison life, the place of the prison in twenty-first century society, and its prospects for the future. This book will introduce readers to key debates surrounding the use of imprisonment, and challenge readers to interrogate conventional perspectives on an institution that reflects the society in which it is situated.
"Justice for Deborah Thornton is complete, " Richard Thornton said after the execution of her killer, Karla Faye Tucker, in Texas. "I want to say to every victim in the world, demand this." But which form of justice is this victim demanding-retribution or restoration? Taking seriously the claims of death penalty supporters, Lloyd Steffen constructs a theory of just execution. For every acknowledged killer on death row there are dozens who maintain their innocence. Supporters of the death penalty -- along with its opponents -- must demand fairness so that innocent persons are not subjected to the terror of an unjust execution. Reminding us that Jesus likewise faced the terror of unjust execution, Steffen asks Christians to reacquaint themselves with the symbol of the cross as an instrument of state terror rather than a divine decoration.
Corporal punishment is often seen as a litmus test for a society's degree of civilization. Its licit use purports to separate modernity from premodernity, enlightened from barbaric cultures. As Geltner argues, however, neither did the infliction of bodily pain typify earlier societies nor did it vanish from penal theory, policy, or practice. Far from displaying a steady decline that accelerated with the Enlightenment, physical punishment was contested throughout Antiquity and the Middle Ages, its application expanding and contracting under diverse pressures. Moreover, despite the integration of penal incarceration into criminal justice systems since the nineteenth century, modern nation states and colonial regimes increased rather than limited the use of corporal punishment. Flogging Others thus challenges a common understanding of modernization and Western identity and underscores earlier civilizations' nuanced approaches to punishment, deviance, and the human body. Today as in the past, corporal punishment thrives due to its capacity to define otherness efficiently and unambiguously, either as a measure acting upon a deviant's body or as a practice that epitomizes - in the eyes of external observers - a culture's backwardness.
This volume uses four case studies, all with strong London connections, to analyze homicide law and the pardoning process in eighteenth-century England. Each reveals evidence of how attempts were made to negotiate a path through the justice system to avoid conviction, and so avoid a sentence of hanging. This approach allows a deep examination of the workings of the justice system using social and cultural history methodologies. The cases explore wider areas of social and cultural history in the period, such as the role of policing agents, attitudes towards sexuality and prostitution, press reporting, and popular conceptions of "honorable" behavior. They also allow an engagement with what has been identified as the gradual erosion of individual agency within the law, and the concomitant rise of the state. Investigating the nature of the pardoning process shows how important it was to have "friends in high places," and also uncovers ways in which the legal system was susceptible to accusations of corruption. Readers will find an illuminating view of eighteenth-century London through a legal lens.
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing. The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment.
This book analyses the experiences of prisoners in England & Wales sentenced when relatively young to very long life sentences (with minimum terms of fifteen years or more). Based on a major study, including almost 150 interviews with men and women at various sentence stages and over 300 surveys, it explores the ways in which long-term prisoners respond to their convictions, adapt to the various challenges that they encounter and re-construct their lives within and beyond the prison. Focussing on such matters as personal identity, relationships with family and friends, and the management of time, the book argues that long-term imprisonment entails a profound confrontation with the self. It provides detailed insight into how such prisoners deal with the everyday burdens of their situation, feelings of injustice, anger and shame, and the need to find some sense of hope, control and meaning in their lives. In doing so, it exposes the nature and consequences of the life-changing terms of imprisonment that have become increasingly common in recent years.
State responses to feminicide in Latin America, characterised in many cases by indifference and incompetence, have caused global concern. This book provides a new and refreshingly positive story from the region by tracing the transformation of state responses to feminicide in Brazil. It is the first single country study to examine in detail how strategic action by the women's movement has resulted in significant improvements in the investigation, prosecution and prevention of domestic violence and feminicide. Fiona Macaulay showcases the main contributory factors to the development of criminal justice best-practices around feminicide. She demonstrates the combined impact of regional efforts, local women's movement mobilisation, changes in the law and its application, and the action of policy entrepreneurs within the criminal justice institutions. Drawing on her knowledge of pioneering coalitions of interest involving feminist academics, NGOs, local campaigners, bureaucrats, politicians, police and prosecutors, the author unveils how these actors were able to identify, create and use institutional spaces to ensure long-lasting positive change. This book is a must-read for activists and researchers interested in practical strategies for improving criminal justice responses to gender-based violence, gender-aware police reform, comparative and feminist criminology, and the social and institutional dynamics of violence in Latin America.
This brief examines proactive steps police can take to lessen the potential for disaster, improve preparedness for disasters that do occur and enhance our ability to respond to and recover from them. Featuring several countries across the globe as case studies, it illustrates the predictability of various natural and manmade disasters and the need of the local police organizations to develop contingency plans to save lives and structures. With disaster losses and the human toll reaching staggering rates, and even more destructive events projected for the future as the climate shifts, there is a need for action by police and the local communities together. This volume offers a proactive plan that needs to be put in place for future crises, based on the projected predictability of reoccurring events. The brief can serve as a template for other countries and police task forces that have and will face similar crises situations in the future. |
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