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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the United States between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries investigates and contrasts the rise of the principles of individualization of punishment, social defence, preventive justice, and indeterminate sentencing. The manner in which US and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the US penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in the formulation of the dual-track system with punishment and measures of security. This theoretical divide, discussed at many international congresses and in studies of comparative criminal law, not only reflects two different ideas on the legitimacy and purpose of punishment, but also corresponds to two different constitutional views of criminal law. The book considers the relation between constitutional frameworks (rule of law and Rechtsstaat) and penological claims, explaining how some of the tenets of penal liberalism (such as principle of legality and separation of powers) were affected by penal modernism, even with the rise of authoritarian regimes. It examines the dilemmas provoked by criminology, focusing on the role of the judge in the execution of sentences, the distribution of sentencing powers among judicial and administrative bodies, the balance between social security and individual guarantees, and the inconsistencies of preventive detention. Filling a notable gap in Anglo-American literature by providing a sophisticated panoramic analysis of the development of criminology in late-nineteenth and first half of the twentieth-century Europe, Reinventing Punishment will be of interest to scholars of criminology, criminal law, and criminal justice studies, as well as legal historians and theorists.
While acknowledging that innocent mistakes in identification are sometimes responsible for wrongful convictions, the authors of this study argue that the fundamental cause of these sentences can be found in the racial and class inequalities that characterize much of Canadian society. This newly revised edition presents updates on the six cases originally documented as well as two new chapters with more-recent investigations--including a depiction of a man who was wrongfully executed. Demonstrating that the same factors at play in the criminalization of the powerless and marginalized are found in these cases, this argument strives to prove that contrary to popular belief, these verdicts are not due simply to "unintended errors" but rather are too often the result of the deliberate actions of those working in the criminal justice system. Analyzing how forensic science is used as a resource for prosecutors rather than a science seeking justice, this reference suggests specific and achievable changes in order to remove the incentive for law enforcement to attain convictions, thereby preventing erroneous punishment in the future.
The iconic New York Times bestseller that 'struck the spark that would eventually light the fire of Black Lives Matter' (Ibram X. Kendi) Named one of the most important nonfiction books of the 21st century by Entertainment Weekly' Slate' Chronicle of Higher Education' Literary Hub and Book Riot Once in a great while a book comes along that radically changes our understanding of a crucial political issue and helps to fuel a social movement. The New Jim Crow is such a book. Lawyer and activist Michelle Alexander offers a stunning account of the rebirth of a caste-like system in the United States, one that has resulted in millions of African Americans locked behind bars and then relegated to a permanent second-class status, denied the very rights supposedly won in the Civil Rights movement. Challenging the notion that the election of Barack Obama signalled a new era of colourblindness in the United States, The New Jim Crow reveals how racial discrimination was not ended but merely redesigned. By targeting black men through the War on Drugs and decimating communities of colour, the American criminal justice system functions as a contemporary system of racial control, relegating millions to a permanent second-class status even as it formally adheres to the principle of colourblindness. A searing call to action for everyone concerned with social justice, The New Jim Crow is one of the most important books about race in the 21st century.
Legacy of the Lash is a compelling social and cultural history of the Brazilian navy in the decades preceding and immediately following the 1888 abolition of slavery in Brazil. Focusing on non-elite, mostly black enlisted men and the oppressive labor regimes under which they struggled, the book is an examination of the four-day Revolta da Chibata (Revolt of the Lash) of November 1910, during which nearly half of Rio de Janeiro s enlisted men rebelled against the use of corporal punishment in the navy. These men seized four new, powerful warships, turned their guns on Rio de Janeiro, Brazil s capital city, and held its population hostage until the government abolished the use of the lash as a means of military discipline. Although the revolt succeeded, the men involved paid dearly for their actions. This event provides a clear lens through which to examine racial identity, violence, masculinity, citizenship, modernity, and the construction of the Brazilian nation."
Clear and Frost chart the rise of penal severity in the U.S. and the forces necessary to end it Over the last 40 years, the US penal system has grown at an unprecedented rate-five times larger than in the past and grossly out of scale with the rest of the world. In The Punishment Imperative, eminent criminologists Todd R. Clear and Natasha A. Frost argue that America's move to mass incarceration from the 1960s to the early 2000s was more than just a response to crime or a collection of policies adopted in isolation; it was a grand social experiment. Tracing a wide array of trends related to the criminal justice system, this book charts the rise of penal severity in America and speculates that a variety of forces-fiscal, political, and evidentiary-have finally come together to bring this great social experiment to an end. The authors stress that while the doubling of the crime rate in the late 1960s represented one of the most pressing social problems at the time, it was instead the way crime posed a political problem-and thereby offered a political opportunity-that became the basis for the great rise in punishment. Clear and Frost contend that the public's growing realization that the severe policies themselves, not growing crime rates, were the main cause of increased incarceration eventually led to a surge of interest in taking a more rehabilitative, pragmatic, and cooperative approach to dealing with criminal offenders that still continues to this day. Part historical study, part forward-looking policy analysis, The Punishment Imperative is a compelling study of a generation of crime and punishment in America.
In 1987, the United States Supreme Court decided a case that could have ended the death penalty in the United States. Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of Warren McCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way we understand the death penalty today. McCleskey's case resulted in one of the most important Supreme Court decisions in U.S. history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case currently marks the last time that the Supreme Court had a realistic chance of completely striking down capital punishment. As such, the case also marked a turning point in the death penalty debate in the country. Going back nearly four centuries, this book connects McCleskey's life and crime to the issues that have haunted the American death penalty debate since the first executions by early settlers through the modern twenty-first century death penalty. Imprisoned by the Past ties together three unique American stories. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.
Das Buch enthalt eine Einfuhrung in die Grundlagen des strafrechtlichen Sanktionssystems. Im Mittelpunkt stehen die rechtlichen Anwendungsvoraussetzungen der einzelnen Sanktionsarten und die Grundlagen ihrer Bemessung. Der kriminalpolitische Hintergrund sowie die kriminologischen Befunde zur Praxis der Sanktionsverhangung und -vollstreckung werden einbezogen. Der Reform des strafrechtlichen Sanktionssystems wird ein eigenstandiger Abschnitt gewidmet. Das Buch wendet sich in erster Linie an Studierende der Rechtswissenschaften, die ihre Kenntnisse im Pflichtfach Strafrecht bzw. im kriminalwissenschaftlichen Schwerpunktbereich ausbauen und vertiefen wollen. Profitieren koennen aber auch Referendarinnen und Referendare, die im Rahmen ihrer Ausbildung im Strafrecht mit Fragen des Sanktionsrechts konfrontiert werden. Zahlreiche Einzelfalle dienen der Veranschaulichung der Materie. UEbersichten und Schaubilder, Tabellen und Grafiken liefern gut verstandliche Zusammenfassungen. Wiederholungs- und Vertiefungsfragen am Ende jedes Abschnitts dienen der Verstandniskontrolle. Ein ausfuhrliches Literaturverzeichnis erleichtert die eigene Weiterarbeit.
Tracing the rise of digital computing in policing and punishment and its harmful impact on criminalized communities of color The U.S. Bureau of Justice Statistics estimates that law enforcement agencies have access to more than 100 million names stored in criminal history databases. In some cities, 80 percent of the black male population is registered in these databases. Digitize and Punish explores the long history of digital computing and criminal justice, revealing how big tech, computer scientists, university researchers, and state actors have digitized carceral governance over the past forty years-with devastating impact on poor communities of color. Providing a comprehensive study of the use of digital technology in American criminal justice, Brian Jefferson shows how the technology has expanded the wars on crime and drugs, enabling our current state of mass incarceration and further entrenching the nation's racialized policing and punishment. After examining how the criminal justice system conceptualized the benefits of computers to surveil criminalized populations, Jefferson focuses on New York City and Chicago to provide a grounded account of the deployment of digital computing in urban police departments. By highlighting the intersection of policing and punishment with big data and web technology-resulting in the development of the criminal justice system's latest tool, crime data centers-Digitize and Punish makes clear the extent to which digital technologies have transformed and intensified the nature of carceral power.
Considers colonial school-prison systems in relation to the self-determination of Native communities, nations, and peoples The School-Prison Trust describes interrelated histories, ongoing ideologies, and contemporary expressions of what the authors call the "school-prison trust": a conquest strategy encompassing the boarding school and juvenile prison models, and deployed in the long war against Native peoples. At its heart, the book is a constellation of stories of Indigenous self-determination in the face of this ongoing conquest. Following the stories of an incarcerated young man named Jakes, the authors consider features of school-prison relations for young Native people to ask urgent questions about Indigenous sovereignty, conquest, survivance, and refusal.
How does protest become criminalised? Applying an anthropological perspective to political and legal conflicts, Carolijn Terwindt urges us to critically question the underlying interests and logic of prosecuting protesters. The book draws upon ethnographic research in Chile, Spain, and the United States to trace prosecutorial narratives in three protracted contentious episodes in liberal democracies. Terwindt examines the conflict between Chilean landowners and the indigenous Mapuche people, the Spanish state and the Basque independence movement, and the United States' criminalisation of 'eco-terrorists.' Exploring how patterns and mechanisms of prosecutorial narrative emerge through distinct political, social and democratic contexts, Terwindt shines a light on how prosecutorial narratives in each episode changed significantly over time. Challenging the law and justice system and warning against relying on criminal law to deal with socio-political conflicts, Terwindt's observations have implications for a wide range of actors and constituencies, including social movement activists, scholars, and prosecutors.
Will Attwood was finishing a three-year sentence in prison when he was formally diagnosed with Asperger's syndrome for the first time. After his diagnosis he recognised just how much it had been affecting his life behind bars. This book is a practical advice guide for people with autism who have been sentenced to time in prison. Will shares his first-hand knowledge of what to expect and how to behave within the penal system. He sheds light on topics that are important for people with autism, answering questions such as: How should you act with inmates and guards? How do you avoid trouble? What about a prison's environmental stimuli may cause you anxiety? His thoughtful, measured writing debunks rumours about daily life in prison, and the useful tips and observations he offers will help anyone with autism prepare for the realities of spending time incarcerated, and be enormously helpful to those working with offenders on the autism spectrum.
The searing accounts of Aleksandr Solzhenitsyn, Evgeniia Ginsberg and Varlam Shalamov opened the world's eyes to the terrors of the Soviet Gulag. But not until now has there been a memoir of life inside the camps written from the perspective of an actual employee of the Secret police. In this riveting memoir, superbly translated by Deborah Kaple, Fyodor Mochulsky describes being sent to work as a boss at the forced labor camp of Pechorlag in the frozen tundra north of the Arctic Circle. Only twenty-two years old, he had but a vague idea of the true nature of the Gulag. What he discovered was a world of unimaginable suffering and death, a world where men were starved, beaten, worked to death, or simply executed. Mochulsky details the horrific conditions in the camps and the challenges facing all those involved, from prisoners to guards. He depicts the power struggles within the camps between the secret police and the communist party, between the political prisoners (most of whom had been arrested for the generic crime of "counter-revolutionary activities") and the criminal convicts. And because Mochulsky writes of what he witnessed with the detachment of the engineer that he was, readers can easily understand how a system that destroyed millions of lives could be run by ordinary Soviet citizens who believed they were advancing the cause of socialism. Mochulsky remained a communist party member his entire life-he would later become a diplomat-but was deeply troubled by the gap between socialist theory and the Soviet reality of slave labor and mass murder. This unprecedented memoir takes readers into that reality and sheds new light on one of the most harrowing tragedies of the 20th century.
Dieses Buch liefert eine Zwischenbilanz uber die Situation des Strafvollzugs. Ziel des Behandlungsvollzugs ist die Befahigung der Gefangenen zu einem straffreien Leben. Die Autoren dieses Sammelbandes beleuchten deshalb unter anderem die Fragen: Wie leistungsfahig ist der Behandlungsvollzug? Welche Sicherheitsrisiken mussen bewaltigt werden? Wie gestaltet sich die Zusammenarbeit mit anderen Akteuren der stationaren und ambulanten Resozialisierung? Und welche weiteren Reformen sind mittel- und langfristig zu realisieren?
An ideal supplement to texts on judicial processes, Real Law
Stories: Inside the American Judicial Process is the only
undergraduate text dedicated to the presentation of "real-world"
interviews with lawyers, judges, and police officers. Each law
professional describes his or her job across a range of legal
activities and offers insights into the legal process in the United
States.
Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949-1979) through the Deng era (1980-1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.
"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"
"Doing Time" is an essential text for students in criminology and
criminal justice - a one-stop overview of key debates in punishment
and imprisonment. This edition, thoroughly revised and updated
throughout, is a highly accessible guide, providing the tools to
critically engage with today's central issues in penology and penal
policy.
"Life after Death Row" examines the post-incarceration struggles of
individuals who have been wrongly convicted of capital crimes,
sentenced to death, and subsequently exonerated.
Many Western countries now use electronic monitoring (EM) of some offenders as an alternative to more traditional forms of punishments such as imprisonment. While the main reason for introducing EM is the growing prison population, politicians and administrators also believe that this type of punishment achieves a positive effect by reducing recidivism and the probability of post-release marginalisation. The small existing empirical literature on the effect of EM finds mixed support for this belief, but is, however, based on very small sample sizes. The authors expand this literature by studying the causal effect of EM on social benefit dependency after the sentence has been served. They use administrative data from Statistics Denmark that include information on all Danish offenders who have served their sentence under EM rather than in prison. They compare post-release dependency rates for this group with outcomes for a historical control group of convicted offenders who would have served their sentences with EM had the option been available (ie: who are identical to the EM group on all observed and unobserved characteristics).
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.
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.
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.
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.
It is no secret that America's sentencing and corrections systems are in crisis, and neither system can be understood or repaired fully without careful consideration of the other. This handbook examines the intertwined and multi-layered fields of American sentencing and corrections from global and historical viewpoints, from theoretical and policy perspectives, and with close attention to many problem-specific arenas. Editors Joan Petersilia and Kevin R. Reitz, both leaders in their respective fields, bring together a group of preeminent scholars to present state-of-the art research, investigate current practices, and explore the implications of new and varied approaches wherever possible. The handbook's contributors bridge the gap between research and policy across a range of topics including an overview of mass incarceration and its collateral effects, explorations of sentencing theories and their applications, analyses of the full spectrum of correctional options, and first-hand accounts of life inside of and outside of prison. Individual chapters reflect expertise and source materials from multiple fields including criminology, law, sociology, psychology, public policy, economics, political science, and history. Proving that the problems of sentencing and corrections, writ large, cannot be addressed effectively or comprehensively within the confines of any one discipline, The Oxford Handbook of Sentencing and Corrections is a vital reference volume on these two related and central components of America's ongoing experiment in mass incarceration. |
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