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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
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.
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?
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.
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
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.
This newly updated edition connects the past with the present, using the Clarence Thomas hearings -and their characterization by Thomas as a "high-tech lynching"- to examine the links between white supremacy and the sexual abuse of black women, and the difficulty of forging an antiracist movement against sexual violence. "Revolt Against Chivalry" is the account of how Jesse Daniel Ames and the antilynching campaign she led fused the causes of social feminism and racial justice in the South during the 1920s and 1930s. The book traces Ames's political path from suffragism to militant antiracism and provides a detailed description of the Association of Southern Women for the Prevention of Lynching, which served through the 1930s as the chief expression of antilynching sentiment in the white South. "Revolt Against Chivalry" is also a biography of Ames herself: it shows how Ames connected women's opposition to violence with their search for influence and self-definition, thereby leading a revolt against chivalry which was part of both sexual and racial emancipation.
The resurrection of former prisons as museums has caught the attention of tourists along with scholars interested in studying what is known as dark tourism. Unsurprisingly, due to their grim subject matter, prison museums tend to invert the Disneyland "experience, becoming the antithesis of the happiest place on earth." In Escape to Prison, the culmination of years of international research, noted criminologist Michael Welch explores ten prison museums on six continents, examining the complex interplay between culture and punishment. From Alcatraz to the Argentine Penitentiary, museums constructed on the former locations of surveillance, torture, colonial control, and even rehabilitation tell unique tales about the economic, political, religious, and scientific roots of each site's historical relationship to punishment.
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.
Many organizations are engaged in a race to prevent the execution by lethal injection of death sentenced prisoners in Texas (and elsewhere in the USA). Some of these men and women claim to be completely innocent, as described in this book. Texas is the most punitive place within one of the harshest penal systems in the world. Michael O'Brien - who was himself wrongly convicted of murder - dissects a selection of Death Row cases with the eye of a man who has spent years watching how miscarriages of justice happen and why. He explains how practitioners, politicians and others are in denial and how livelihoods depend on a conveyer belt from the courts to the execution chamber. Aided by bias, discrimination and prejudice he describes a killing process triggered by unfair trials, supposed expert evidence and closed minds. This is just one hallmark of a country obsessed with guns, violence and the ultimate penalty. No legal system should take away human lives, especially one tarnished by defects of the kind the author sets out in this book. Extract: 'Can you just imagine being an individual who is innocent but facing execution, whether in Texas or elsewhere? Or you were on Death Row but you did not take part in any killings, just got caught up in the hysteria? Can you picture the pressure and abject loneliness of serving 15 years or more, and then the State setting a date to kill you?'
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.
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.
According to Jonathan Swift (1667-1745) 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.' Connecting the politics of abolition to wider emancipatory struggles for liberation and social justice, this book argues that penal abolitionism should be understood as an important public critical pedagogy and philosophy of hope that can help to reinvigorate democracy and set society on a pathway towards living in a world without prisons. For Abolition draws upon the socialist ethics of dignity, empathy, freedom and paradigm of life to systematically critique imprisonment as a state institution characterised by 'social death'.
In a public square in Beijing in 1904, multiple murderer Wang Weiqin was executed before a crowd of onlookers. He was among the last to suffer the extreme punishment known as lingchi. Called by Western observers "death by a thousand cuts" or "death by slicing," this penalty was reserved for the very worst crimes in imperial China. A unique interdisciplinary history, "Death by a Thousand Cuts" is the first book to explore the history, iconography, and legal contexts of Chinese tortures and executions from the tenth century until lingchi's abolition in 1905. The authors then turn their attention to an in-depth investigation of "oriental" tortures in the Western imagination. While early modern Europeans often depicted Chinese institutions as rational, nineteenth- and twentieth-century readers consumed pictures of lingchi executions as titillating curiosities and evidence of moral inferiority. By examining these works in light of European conventions associated with despotic government, Christian martyrdom, and ecstatic suffering, the authors unpack the stereotype of innate Chinese cruelty and explore the mixture of fascination and revulsion that has long characterized the West's encounter with "other" civilizations. Compelling and thought-provoking, "Death by a Thousand Cuts" questions the logic by which states justify tormenting individuals and the varied ways by which human beings have exploited the symbolism of bodily degradation for political aims.
More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In "Prison Religion," law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison. "Americans United for the Separation of Church and State v. Prison Fellowship Ministries," a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. "Prison Religion" casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.
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.
Challenging incarceration and policing was central to the postwar Black Freedom Movement. In this bold new political and intellectual history of the Nation of Islam, Garrett Felber centers the Nation in the Civil Rights Era and the making of the modern carceral state. The book examines efforts to build broad-based grassroots coalitions among liberals, radicals, and nationalists to oppose the carceral state and struggle for local Black self-determination. It captures the ambiguous place of the Nation of Islam specifically, and Black nationalist organizing more broadly, during an era which has come to be defined by nonviolent resistance, desegregation campaigns, and racial liberalism. Exhaustively researched, Felber illuminates new sites and forms of political struggle as Muslims prayed under surveillance in prison yards and used courtroom political theater to put the state on trial. This history captures familiar figures in new ways--Malcolm X the courtroom lawyer and A. Philip Randolph the Harlem coalition builder--while highlighting the forgotten organizing of rank-and-file activists in prisons such as Martin Sostre. This definitive account is a halting reminder that Islamophobia, state surveillance, and police violence have deep roots in the state repression of Black Muslim communities.
Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular upon the families of offenders. It assembles examples of recent and ongoing studies from eight different countries in order to not only learn about the secondary effects and 'collateral consequences' of imprisonment but also to understand what the experiences and lived realities of prisoners' families means for the sociology of punishment and our broader understanding of criminal justice systems. While punishment and society scholarship has gained significant ground in recent years it has often remained silent on the ways in which the families of prisoners are affected by our practices of punishment. This book provides evidence of the importance of including families within this scholarship and explores themes of legitimacy, citizenship, human rights, marginalization, exclusion, and inequality.
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.
Respect and Criminal Justice offers the first sustained examination of 'respect' in criminal justice in England and Wales, where the value is elusive but of persisting significance. The book takes the form of a critique of the 'respect deficit' in policing and imprisonment. It is especially concerned with the ways in which both institutions are merely constrained and not characterised by respect. In the course of the critique, it emerges that they appeal to the word 'respect' but rarely and only superficially address the prior question of what it is to respect and be respected. Despite academic interest in the democratic design of these institutions in recent decades, the book concludes that respect is more akin to a slogan than a foundational value of criminal justice practice. |
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