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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
Prisoners are a uniquely vulnerable social group and protecting them from oppressive states has given rise to a complex web of standards generated by a variety of international mechanisms and processes. Protecting Prisoners examines the most detailed and far-reaching set of custodial standards yet devised-those of the European Committee for the Prevention of Torture (CPT)--and relates them to those of other European and United Nations bodies. The book also examines the reaction of selected Council of Europe member states--Belgium, France, Hungary, the Netherlands, Turkey, and the United Kingdom--to the application of those standards in CPT reports. This dual perspective provides a critical insight into the degree to which the development of international human rights law is having a practical impact on the situation of prisoners.
In this book Michael Tonry offers a comprehensive overview of research, policy developments, and practical experience concerning sentencing and sanctions. He will consider what we know about the effects of innovations of the past twenty years on sentencing disparities, and will consider what directions policy should move in the next twenty years.
Controversy has arisen regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Convention. This book summarises the results of the review conducted by the Department of Justice (DOJ), Office of the Inspector General (OIG) regarding the Federal Bureau of Investigations in Guantanamo Bay (GTMO), Afghanistan, and Iraq. The focus of this book was whether FBI agents witnessed incidents of detainee abuse in the military zones, whether FBI employees reported any such abuse to their superiors or others, and how those reports were handled. The OIG also examined whether FBI employees participated in any detainee abuse. In addition, the authors examined the development and adequacy of the policies, guidance, and training that the FBI provided to the agents it deployed to the military zones.
In the mid-1990s, as public trust in big government was near an all-time low, 80% of Americans told Gallup that they supported the death penalty. Why did people who didn't trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans' thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do-and LaChance argues, fascinatingly, that it's the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
A comprehensive and critical review of corrections, Correctional Contexts: Contemporary and Classical Readings, Fifth Edition, traces the history and development of corrections and punishment as it has evolved in the U.S. over the past few centuries. This text presents both classical and contemporary articles that cover the history of corrections in the U.S.; discusses how various facets of the system operate today; and considers where we as a country may be headed regarding the confinement, control, and treatment of our correctional populations. Each chapter opens with an introduction and concludes with study questions.
This volume brings together articles on sentencing reform in the United States, other English-speaking countries (Australia, Canada, England, Wales, New Zealand, South Africa), and Western Europe, by leading national and international authorities on sentencing policy, practices, and institutions. The articles, by leading experts, are short, timely, and readable, and originally appeared in the journal Overcrowded Times.
Through intimate portraits of four exonerated prisoners, journalist Alison Flowers explores what happens to innocent people when the state flings open the jailhouse door and tosses them back, empty-handed, into the unknown. These stories reveal serious gaps in the criminal justice system. Flowers depicts the collateral damage of wrongful convictions on families and communities, challenging the deeper problem of mass incarceration in the United States, vividly showing that release from prison is not always a happy ending, or indeed an ending at all.
An eye-opening look at how incarcerated people, health professionals, and others behind and beyond bars came together to problem-solve incarceration. Raising the Living Dead is a history of Puerto Rico's carceral rehabilitation system that brings to life the interactions of incarcerated people, their wider social networks, and health care professionals. Alberto Ortiz Diaz describes the ways that multiple communities of care came together both inside and outside of prisons to imagine and enact solution-oriented cultures of rehabilitation from the 1930s to the 1960s. Scientific and humanistic approaches to well-being were deliberately fused to raise the "living dead," an expression that reemerged in the modern Caribbean to refer to prisoners. These reform groups sought to raise incarcerated people physically, mentally, socially, spiritually, and civically. The book is based on deep, original archival research into the Oso Blanco (White Bear) penitentiary in Puerto Rico, yet it situates its study within Puerto Rico's broader carceral archipelago and other Caribbean prisons. The agents of this history include not only physical health professionals, but also psychologists and psychiatrists, social workers, spiritual and religious practitioners, and, of course, the prisoners and their families. By following all these groups and emphasizing the interpersonal exercise of power, Ortiz Diaz tells a story that goes beyond debates about structural and social control. The book addresses key issues in the history of prisons and the histories of medicine and belief, including how prisoners' different racial, class, and cultural identities shaped their incarceration and how professionals living in a colonial society dealt with the challenge of rehabilitating prisoners for citizenship. Raising the Living Dead is not just about convicts, their immediate interlocutors, and their contexts, however, but about how together these open a window into the history of social uplift projects within the (neo)colonial societies of the Caribbean. There is no book like this in Caribbean historiography; few examine these themes in the larger literature on the history of prisons.
Hanging people for petty crimes as well as grave, the Bloody Penal Code was at its most active between 1770 and 1830. Some 7,000 men and women were executed on public scaffolds, watched by crowds of thousands. This acclaimed and prize-winning study is the first to explore what a wide range of people felt about these ceremonies. To analyse responses to the scaffold at all social levels, V. A. C. Gatrell draws on letters, diaries, ballads, broadsides, and images, as well as on poignant appeals for mercy which, until now, have been largely neglected by historians. Panoramic in range, scholarly in method, and compelling in style and in argument, this is one of those rare histories which both shift our sense of the past and speak powerfully to the present.
This book presents a substantial new statement on the character of social life in confinement. Drawing upon extensive fieldwork in two contrasting English maximum security prisons, the authors systematically compare this institutional order, including the differing control strategies deployed in each, as seen by both custodians and captives, controllers and controlled. The authors discuss the implications of their research for the tradition of sociological concern within the 'prison community'. They re-examine the resources of that rich but latterly somewhat dormant field in the light of some of the main currents in contemporary social theory, and thereby provide a new perspective on the 'problem of order' in maximum custody. This book will have significant policy implications, and it will be required reading for scholars and students in criminology and criminal justice, as well as for administrators and reformers in penal system.
The Habits of Legality provides a broad survey of American criminal
justice in a time of troubles. It asks the central questions: In
what degree are the justice system's functions guided by
ascertainable legal norms? How accountable are public officials who
wield the rigorous sanctions of the penal law? Where the habits of
legality are weak, how can they be invigorated?
Pulitzer Prize Finalist Silver Gavel Award Finalist "A sobering history of how American communities and institutions have relied on torture in various forms since before the United States was founded." -Los Angeles Times "That Americans as a people and a nation-state are violent is indisputable. That we are also torturers, domestically and internationally, is not so well established. The myth that we are not torturers will persist, but Civilizing Torture will remain a powerful antidote in confronting it." -Lawrence Wilkerson, former Chief of Staff to Secretary of State Colin Powell "Remarkable...A searing analysis of America's past that helps make sense of its bewildering present." -David Garland, author of Peculiar Institution Most Americans believe that a civilized state does not torture, but that belief has repeatedly been challenged in moments of crisis at home and abroad. From the Indian wars to Vietnam, from police interrogation to the War on Terror, US institutions have proven far more amenable to torture than the nation's commitment to liberty would suggest. Civilizing Torture traces the history of debates about the efficacy of torture and reveals a recurring struggle to decide what limits to impose on the power of the state. At a time of escalating rhetoric aimed at cleansing the nation of the undeserving and an erosion of limits on military power, the debate over torture remains critical and unresolved.
Sentencing reform has become a highly controversial political issue. This new collection of essays brings together case studies of legislative reform initiatives in the USA and Canada, Australia, Sweden, and England and Wales. It also includes essays by leading international authorities on the impetus for and dynamics of change, and will be essential reading for anyone interested in the reform of sentencing practice in the West.
Prisons occupy a central position in the criminal justice system of all the developed nations. Much is known about prisons, their administration, their effectiveness and their problems. More is known now than at any time in the past about how prisons work and how prisoners view their experiences of incarceration. However, little attention has been given to comparing and contrasting prison systems in different countries. This collection does just that, bringing together leading prison scholars from Italy, Australia, the US, and the UK to produce a set of essays which offer a broad view of recent developments in imprisonment theory and practice. Topics covered include: privately run prisons; the crisis in prisons in several countries; Russian prisons after Perestroika; human rights and prisons in Europe; women in prisons; and racial disproportion in US prisons. Contributors: Richard Sparks, Douglas C. McDonald, Massimo Pavarini, Roy D. King, Franklin E. Zimring, Gordon Hawkins, Michael Tonry, Ken Pease, Pat Carlen, Rod Morgan, Malcolm Evans, Mike Maguire
Zvi Preigerzon wrote memoirs about his time in the Gulag in 1958, long before Solzhenitsyn and without any knowledge of the other publications on this subject. It was one of the first eyewitness accounts of the harsh reality of Soviet Gulags. Even after the death of Stalin, when the whole Gulag system was largely disbanded, writing about them could be regarded as an act of heroism. Preigerzon attempted to document and analyze his own prison camp experience and portray the Jewish prisoners he encountered in forced labor camps. Among these people, we meet scientists, engineers, famous Jewish writers and poets, young Zionists, a devoted religious man, a horse wagon driver, a Jewish singer of folk songs, and many, many others. As Preigerzon put it, "Each one had his own story, his own soul, and his own tragedy."
This second volume of Lord Windlesham's seminal work Responses to Crime concentrates on the making of penal policy between the first post-war Criminal Justices Act in 1948 and the passage of the Criminal Justice Act 1991. The central role of government, the Home Office in particular, is brought out, as are the diverse sources of policy proposals and the influence on ministers, legislators, and civil servants. It is an insider's account, the author having had experience as a minister at the Home Office and for Northern Ireland, as well as Leader of the House of Lords. From 1982-88 Lord Windlesham was Chairman of the Parole Board, and became President of Victim Support in 1992. He is currently Principal of Brasenose College, Oxford.
An Introduction to Penology is a concise, informative, scholarly guide that will speak to a variety of audiences interested in how the notion of punishment plays out in community and custodial settings with people who have broken the law. With a particular focus on prisons and probation, the book provides an opportunity for readers to critically engage with the concept of punishment (in theory and practice) and consider different ways in which we, as a society, can respond to lawbreaking. The text will allow students to pursue a more in-depth study of two of the main criminal justice institutions through the lens of their organisational structures, cultures, service delivery and responses to the needs of minority and vulnerable groups. Throughout the text, students will be encouraged to critically engage with longstanding penological debates taking into consideration the theory, policy and practice of punishment, and will explore ways in which we can rethink penology on an individual and social level and begin to make a case for social justice rather than criminal justice. This innovative and contemporary text is a must read for students studying criminology, criminal justice, penology and those interested in pursuing a career in either the prison or probation services. Lol Burke is Professor in Criminal Justice and Dr Helena Gosling is a Senior Lecturer in Criminal Justice at Liverpool John Moores University.
Torture and the Twilight of Empire looks at the intimate relationship between torture and colonial domination through a close examination of the French army's coercive tactics during the Algerian war from 1954 to 1962. By tracing the psychological, cultural, and political meanings of torture at the end of the French empire, Marnia Lazreg also sheds new light on the United States and its recourse to torture in Iraq and Afghanistan. This book is nothing less than an anatomy of torture--its methods, justifications, functions, and consequences. Drawing extensively from archives, confessions by former torturers, interviews with former soldiers, and war diaries, as well as writings by Jean-Paul Sartre, Albert Camus, and others, Lazreg argues that occupying nations justify their systematic use of torture as a regrettable but necessary means of saving Western civilization from those who challenge their rule. She shows how torture was central to guerre revolutionnaire, a French theory of modern warfare that called for total war against the subject population and which informed a pacification strategy founded on brutal psychological techniques borrowed from totalitarian movements. Lazreg seeks to understand torture's impact on the Algerian population--especially women--and also on the French troops who became their torturers. She explores the roles Christianity and Islam played in rationalizing these acts, and the ways in which torture became not only routine but even acceptable. Written by a preeminent historical sociologist, Torture and the Twilight of Empire holds particularly disturbing lessons for us today as we carry out the War on Terror.
Correctional psychiatry has received increasing recognition as an area of practice with unique skills and knowledge. The Oxford Textbook of Correctional Psychiatry brings together American and international experts to provide a comprehensive overview of the field. Students and psychiatric residents will find basic information that prepares them for clinical rotations, and psychiatrists working in jails and prisons will find a detailed review of the complex issues that arise in these settings. The Oxford Textbook of Correctional Psychiatry contains 73 chapters divided into 14 sections. The first three sections address history, structure, and processes including chapters on case law, human rights, ethics, organization and funding of systems, and stages of patient management that cover initial assessments through re-entry. The next three sections review in turn a broad array of management issues, emergencies, and psychopharmacology topics. Among other topics, these sections include chapters on sleep, detoxification, reassessment of community diagnoses and treatments, diversion programs, levels of care, malingering, substance use within facilities, and formulary management. Section seven has chapters on common psychiatric disorders, relevant medical disorders, and pain management. Sections eight through ten focus on psychotherapeutic options, suicide risk management, and addictions treatment. Chapters on aggression, self-injury, and other behavioral challenges appear in Section eleven. Section twelve reviews unique assessment and treatment needs of many distinct population groups. Special topics such as forensics, psychological testing, sexual assaults, quality improvement, training, and research, appear in Section thirteen, followed by a section devoted to current resources in correctional healthcare. The range of topics covered and the number of prominent contributors set this book apart from other available resources. Readers at all stages of their careers will gain the depth of understanding and practical information they need to approach all of the common clinical, organizational, and ethical challenges they face. This print edition of Oxford Textbook of Correctional Psychiatry comes with a year's access to the online version on Oxford Medicine Online. By activating your unique access code, you can read and annotate the full text online, follow links from the references to primary research materials, and view, enlarge and download all the figures and tables. Oxford Medicine Online is mobile optimized for access when and where you need it.
The overall rate of incarceration in the United States has been on the rise since 1970s, skyrocketing during Ronald Reagan's presidency, and recently reaching unprecedented highs. Looking for innovative solutions to the crises produced by gigantic prison populations, Florida's Department of Corrections claims to have found a partial remedy in the form of faith and character-based correctional institutions (FCBIs). While claiming to be open to all religious traditions, FCBIs are almost always run by Protestants situated within the politics of the Christian right. The religious programming is typically run by the incarcerated along with volunteers from outside the prison. Stoddard takes the reader deep inside FCBIs, analyzing the subtle meanings and difficult choices with which the incarcerated, prison administrators, staff, and chaplains grapple every day. Drawing on extensive ethnographic research and historical analysis, Brad Stoddard argues that FCBIs build on and demonstrate the compatibility of conservative Christian politics and neoliberal economics. Even without authoritative data on whether FCBIs are assisting rehabilitation and reducing recidivism rates, similar programs are appearing across the nation-only Iowa has declared them illegal under non-establishment-of-religion statutes. Exposing the intricate connections among incarceration, neoliberal economics, and religious freedom, Stoddard makes a timely contribution to debates about religion's role in American society.
Across Europe, from the dawn of print until the early twentieth century, the news of crime and criminals' public executions was printed in song form on cheap broadsides and pamphlets to be sold in streets and marketplaces by ballad-singers. Singing the News of Death: Execution Ballads in Europe 1500-1900 looks at how and why song was employed across Europe for centuries as a vehicle for broadcasting news about crime and executions, exploring how this performative medium could frame and mediate the message of punishment and repentance. Examining ballads in English, French, Dutch, German, and Italian across four centuries, author Una McIlvenna offers the first multilingual and longue duree study of the complex and fascinating phenomenon of popular songs about brutal public death. Ballads were frequently written in the first-person voice, and often purported to be the last words, confession or 'dying speech' of the condemned criminal, yet were ironically on sale the day of the execution itself. Musical notation was generally not required as ballads were set to well-known tunes. Execution ballads were therefore a medium accessible to all, regardless of literacy, social class, age, gender or location. A genre that retained extraordinary continuities in form and content across time, space, and language, the execution ballad grew in popularity in the nineteenth century, and only began to fade as executions themselves were removed from the public eye. With an accompanying database of recordings, Singing the News of Death brings these centuries-old songs of death back to life.
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used-and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court-that of determining legal punishment-to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
Each year in the United States, more than 625,000 individuals are released from prison. Half will be back in prison within just three years. Many former prisoners who reoffend return home to their old communities, where the same family, friends, drugs, and criminal opportunities await them. In Home Free, David S. Kirk uses Hurricane Katrina as a natural experiment to examine whether residential relocation away from an old neighborhood can lead to desistance from crime. Drawing upon both quantitative and qualitative evidence and data from an experimental housing mobility program, he focuses on the lives of individuals released from Louisiana prisons soon after the hurricane, some who moved away from New Orleans and some who did not. Kirk further explores the impact of the Katrina-induced residential change, which provides a unique opportunity to investigate what happens when individuals move not just a short distance away from home, but to entirely different cities, counties, and social worlds. In a series of analyses, Kirk shows the impact that changes in structured daily activities and peer relationships, as well as opportunities for cognitive transformation can have to substantially reduce the likelihood of recidivism. Addressing one of the biggest challenges now facing the criminal justice system, Home Free offers a story of redemption. In light of the devastation of Hurricane Katrina, Kirk provides important insights into how the power of a fresh start can have considerable policy implications for reducing recidivism.
Before the final execution in 1962, more than 700 men and women were executed by hanging in Canada. Legal scholar Dale Brawn shines a light into a dark corner of Canadian history with dramatic stories of the condemned and their last moments.
In 1787, the twenty-eighth year of the reign of King George III, the British Government sent a fleet to colonize Australia… An epic description of the brutal transportation of men, women and children out of Georgian Britain into a horrific penal system which was to be the precursor to the Gulag and was the origin of Australia. The Fatal Shore is the prize-winning, scholarly, brilliantly entertaining narrative that has given its true history to Australia. |
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