Getting Out offers the first systematic account of the evolution of early release as a public policy concern in England and Wales between 1960 and 1995. At a time when public discourse on crime has focused, to a significant degree, upon the powers of the police and the sentence of the court this book seeks to turn current debate on its head and examine the circumstances in which policy makers have found it desirable to reduce the custodial element of a prison sentence and return prisoners to the community. Drawing upon an extensive period of archival research, and interviews with key decision-makers, this book considers three defining periods of reform that illuminate the complex ideas, trade-offs, and moments of political controversy that have shaped this secretive and little understood area of penal policy. The book argues that early release is inherently bound up with prevailing societal justifications for punishment and the appropriate use of imprisonment within our liberal democratic system. It draws attention to the uneasy constitutional balance of power between the judiciary and the executive, and reflects upon the administrative task of governing large captive populations where the hopes and expectations of inmates do not always align with the interests of prison authorities or the community at large. In so doing, Getting Out challenges widespread assumptions about penal change and shows how government policy has been shaped by the legacy of past political choices, the organisation of central government departments and the fluid balance of power within Whitehall.

A fascinating look at the social life of women in prison. Intended to shine the light on prison social life in the face of allegations of all sorts of misconduct and deviant behaviors.

"Today, more than ever, Americans are asking questions about what role, if any, the death penalty should have in modern law enforcement. Professor Sarat makes an important contribution to that debate by demonstrating the essential role of mercy and clemency in the criminal justice system. This thoughtful book should be read by every citizen who cares about the issue, and by every governor and president entrusted with the power to punish or pardon."--Senator Edward M. Kennedy

"In a very readable style, Austin Sarat's "Mercy on Trial" contributes mightily to the study of mercy, rehabilitation, redemption, and the complexity of the gubernatorial pardon. This work will help reform our justice system and hasten abolition."--George H. Ryan, former Governor of Illinois

"As one of America's preeminent scholars of the history and philosophical underpinnings of capital punishment, Austin Sarat has debunked every myth used to rationalize the death penalty. Now, with the publication of "Mercy on Trial," Professor Sarat explores the jurisprudence and other factors surrounding capital clemency in America. He reminds us that, absent skilled advocacy, innocence offers little protection from state-sanctioned violence. Professor Sarat sends a powerful message to not only the legal community, but to every American who cares about human rights and equal justice under the law."--John D. Podesta, former Chief of Staff to President Clinton and President and CEO, Center for American Progress

"Should mercy play a role in a governor's decision to commute a death sentence, to spare a condemned person? The question is important with regard to what kind of society we want to have. We are indebted to AustinSarat for addressing it in "Mercy on Trial" as well as examining Governor George Ryan's commutation of 167 death sentences in Illinois in 2003, the decline of clemency as a result of the 'tough on crime' politics of our time, and the legal, historical, and philosophical aspects of the clemency power. This book is essential reading for anyone who wants to understand executive clemency in the United States."--Stephen B. Bright, Director, Southern Center for Human Rights

"Professor Austin Sarat has written a compelling, comprehensive, and persuasive book on mercy and the death penalty--a must-read for anyone concerned about capital punishment, and one that offers deeply philosophical and reflective views on one of the most controversial issues today. Whether you support or oppose the death penalty, Sarat's book is a powerful, probative, and thorough treatment of the subject, and will be well-received in many quarters."--Charles J. Ogletree, Jr., Jesse Climenko Professor of Law, Harvard Law School, and author of "All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education"

"Thought-provoking, gripping, well-researched, and always passionate, "Mercy on Trial" is a splendid book on one of our most controversial issues. You will be moved by it. You will want to discuss it. Austin Sarat is one of our greatest thinkers in the areas of jurisprudence and ethics. Must reading."--Harlan Coben, author of "Tell No One," "Just Look," and "Gone for Good"

"A thoroughly approachable and enjoyable read, "Mercy on Trial" is an in-depth exploration of the pardoning power and the paradox of a legal power that is not legally reviewable. With his usual interdisciplinaryflair, Austin Sarat brings together law, current events, political history, and philosophical theory, and does so in a way that is illuminating and instructive."--David Garland, New York University, author of "The Culture of Control"

In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.

For Danielle Allen, punishment is more a window onto democratic Athens' fundamental values than simply a set of official practices. From imprisonment to stoning to refusal of burial, instances of punishment in ancient Athens fueled conversations among ordinary citizens and political and literary figures about the nature of justice. Re-creating in vivid detail the cultural context of this conversation, Allen shows that punishment gave the community an opportunity to establish a shining myth of harmony and cleanliness: that the city could be purified of anger and social struggle, and perfect order achieved. Each member of the city--including notably women and slaves--had a specific role to play in restoring equilibrium among punisher, punished, and society. The common view is that democratic legal processes moved away from the "emotional and personal" to the "rational and civic," but Allen shows that anger, honor, reciprocity, spectacle, and social memory constantly prevailed in Athenian law and politics.

Allen draws upon oratory, tragedy, and philosophy to present the lively intellectual climate in which punishment was incurred, debated, and inflicted by Athenians. Broad in scope, this book is one of the first to offer both a full account of punishment in antiquity and an examination of the political stakes of democratic punishment. It will engage classicists, political theorists, legal historians, and anyone wishing to learn more about the relations between institutions and culture, normative ideas and daily events, punishment and democracy.

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.

The fascinating story behind the innocence movement's quest for justice. Documentaries like Making a Murderer, the first season of Serial, and the cause celebre that was the West Memphis Three captured the attention of millions and focused the national discussion on wrongful convictions. This interest is warranted: more than 1,800 people have been set free in recent decades after being convicted of crimes they did not commit. In response to these exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the "innocence movement." Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States. Robert Norris also examines how and why the innocence movement took hold. He argues that while the innocence movement did not begin as an organized campaign, scientific, legal, and cultural developments led to a widespread understanding that new technology and renewed investigative diligence could both catch the guilty and free the innocent. Exonerated reveals the rich background story to this complex movement.

Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society's commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.

Now in its Sixth Edition, this book remains the most comprehensive and authoritative on the penal system, providing students with an incisive, critical account of the punitive, managerial and humanitarian approaches to criminal justice. Fully updated to cover the most recent changes in the Criminal Justice System, the new edition: Outlines contemporary policy debates on sentencing, staffing, youth custody and overcrowding. Explores growing inequalities in the criminal justice system including issues of race, religion, gender and sexuality, with new content on faith, and transgender prisoners. Considers the impact of privatisation on the probation service. Discusses the most recent debates around the parole process, including high-profile cases and attempts at reform. The book is supported by online resources for lecturers and students, including chapter PowerPoints, sample syllabus, summaries of key legislative acts, bills and official reports, a list of recommended further reading for each chapter, and links to important Penal Agencies and Organisations, Law Reform Organisations, and other useful academic sites. Essential reading for students of criminal justice and criminology, studying penology, punishments and the penal system.

The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.

An unrelenting prison boom, marked by stark racial disparities, pulled a disproportionate number of young black men into prison in the last forty years. In Children of the Prison Boom, Sara Wakefield and Christopher Wildeman draw upon broadly representative survey data and interviews to describe the devastating effects of America's experiment in mass incarceration on a generation of vulnerable children tied to these men. In so doing, they show that the effects of mass imprisonment may be even greater on the children left behind than on the men who were locked up. Parental imprisonment has been transformed from an event affecting only the unluckiest of children-those with parents seriously involved in crime-to one that is remarkably common, especially for black children. This book documents how, even for children at high risk of problems, paternal incarceration makes a bad situation worse, increasing mental health and behavioral problems, infant mortality, and child homelessness. Pushing against prevailing understandings of and research on the consequences of mass incarceration for inequality among adult men, these harms to children translate into large-scale increases in racial inequalities. Parental imprisonment has become a distinctively American way of perpetuating intergenerational inequality-one that should be placed alongside a decaying public education system and concentrated disadvantage in urban centers as a factor that disproportionately touches, and disadvantages, poor black children. More troubling, even if incarceration rates were reduced dramatically in the near future, the long-term harms of our national experiment in the mass incarceration of marginalized men are yet to be fully revealed. Optimism about current reductions in the imprisonment rate and the resilience of children must therefore be set against the backdrop of the children of the prison boom-a lost generation now coming of age.

"This book is an important, systematic account of punishment and prisons in Japan from the Tokugawa period through the nineteenth century. Botsman shows quite well the ways that punishment has transformed over almost three centuries, and connects this to political power. The richness of detail--images of beheadings with a saw, severed heads, crucified bodies, crowded jails, and Benthamlike prisons--will no doubt stay with readers."--Stefan Tanaka, University of California, San Diego, author of "New Times in Modern Japan"

"I enjoyed reading this book, and learned a lot from it. Botsman avoids both the trap of attributing the rise of a modern penal complex in Japan to some authoritarian essence from time immemorial and the folly of placing all the causative weight on Western imperialism and Western ideas of crime and punishment. Further, he offers an explanation for the methods of colonization that Japanese colonialism adopted when it expanded into Asia. His clearly written work adds the significant experience of Japan to the literature on the emergence of modern systems of punishment and contributes to the comparative understanding of non-Western modernities."--Gyan Prakash, Princeton University, author of "Another Reason"

"A scholarly tour de force. This book is a unique contribution to a field of historical study that has, in the past, been marked either by a concern for central political institutions or intellectual history. Until now, there has been no serious work on Tokugawa and Meiji penal practices. But Botsman, by weaving the discursive strands of thinking about punishment into the fabric of institutional practice, has managed to give us an exemplary cultural history thatexceeds both its temporal and spatial location."--Harry Harootunian, New York University, author of "Overcome by Modernity: History, Culture," and "Community in Interwar Japan"

Filling a huge vacuum of scholarship on the Japanese criminal justice system, The Politics of Police Detention in Japan: Consensus of Convenience shines a spotlight on the remand procedure for criminal suspects in Japan, where the 23-day duration for which individuals can be held in police custody prior to being indicted is the longest amongst developed nations, with the majority of countries stipulating 4 days or less. Moreover, in practice, the average length of suspect detention in police cells is even longer due to multiple charges being imposed, and there is very little use of detention facilities independent of the investigation, with only 2% of suspects held in this way. Despite detention of this kind leading to criticism of Japan as a hotbed of false convictions, there has never been a systematic study of this divergent measure or its history. The Politics of Police Detention in Japan addresses this omission, first, by drawing on Japanese history-of-law scholarship to identify the origins of the modern day practice, tracing the source of legitimacy for the continuous remand of suspects with the police back to the Meiji era. There is further historical analysis addressing the post-war occupation of Japan under Allied forces through to the development of the National Police Agency, as each stage further undermines Japanese criminal procedure and limits reform. Secondly, the author conducts a political analysis of the mechanisms through which it is sustained, featuring extensive interviews with key players, including several Justice Ministers and other politicians, Ministry of Justice and Police officials, judges, prosecutors, lawyers, and NGO representatives. As the first in-depth empirical investigation of Japan's police detention arrangements, this important and engrossing book highlights how a state sets the boundary between the liberty of individuals and the security of the community - a dichotomy that is far from unique to police detention.

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.

The state has no greater power over its own citizens than that of killing them. This remarkable and disturbing history of capital punishment in Germany deals with the politics of the death penalty and the experience and cultural significance of executions. Richards Evans casts new light on the history of German attitudes to law, deviance, cruelty, suffering and death, illuminating many aspects of Germany's modern political development. He has made a formidable contribution not only to scholarship on German history but also to the social theory of punishment, and to the current debate on the death penalty.

Winner of the 1991 Distinguished Scholar Award from the American Sociological Association Winner of the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems, USA The first comprehensive account of the role of punishment in modern society, this book buils upon the work of Durkheim, Foucault, and others, and provides a fascinating interpretation of this complex social institution, showing how penal institutions interact with strategies of power, socio-economic structures, and cultural sensibilities.

Since Robert Hughes' The Fatal Shore, the fate of British convicts has burned brightly in the popular imagination. Incredibly, their larger story is even more dramatic--the saga of forgotten men and women scattered to the farthest corners of the British empire, driven by the winds of the American Revolution and the currents of the African slave trade. In A Merciless Place, Emma Christopher brilliantly captures this previously unknown story of poverty, punishment, and transportation.
The story begins with the American War of Independence, until which many British convicts were shipped across the Atlantic. The Revolution interrupted this flow and inspired two entrepreneurs to organize the criminals into military units to fight for the crown. The felon soldiers went to West Africa's slave-trading posts just as the war ended; these forts became the new destination for England's rapidly multiplying convicts. The move was a disaster. Christopher writes that "before the scheme was abandoned, it would have run the gamut of piracy, treachery, mutiny, starvation, poisonings, allegations of white women forced to prostitute themselves to African men, and not least several cases of murder." To end the scandal, the British government chose a new destination, as far away as possible: Australia.
Christopher here captures the gritty lives of Britain's convicts: victims of London's underworld, rife with brutal crime and sometimes even more brutal punishments. Equally fascinating are the portraits of Fante people of West Africa, forced to undergo dramatic changes in their role as intermediaries with Europeans in the slave trade. Here, too, are the aboriginal Australians, coping with the transformation of their native land. They all inhabit A Merciless Place a tour de force and historical narrative at its finest.

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