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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
Generation after generation has come up with new forms of
punishment to inflict on those guilty (and sometimes innocent) of
crimes against property and person. From the stocks and pillory, to
flogging, ducking and transportation to foreign lands, this volume
brings to life those turbulent times of long ago. Even after
suffering the ultimate in punishments - death - the bodies of the
convicted could still be punished. Stories of dissection, when the
body of the deceased criminal was publicly carved up, or gibbeting,
when the corpse would be coated in tar and canvass and displayed in
an iron frame on a pole 30ft high, are gruesome in the extreme.
Pity poor John Spencer, whose rotting remains were gibbeted for
over sixty years until the cage was finally blown down in a storm.
Richly illustrated, this book provides a fascinating glimpse into
the dark world of punishments through the centuries and will appeal
to all those wishing to discover more about Nottinghamshire's
intriguing past.
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).
"Of all the books which I have read on the death penalty--and that
number is considerable--Sarat's probing analysis in these pages is
among the best. I turned to some of Sarat's research when I wrote
"Dead Man Walking," I trust his scholarship and his ability to
construct a probing analysis of cultural assumptions and political
and legal practice. Sometimes his insights startle me. Sometimes he
jolts me out of intellectual paradigms that had once guided my
thinking. I'm very grateful to him for giving us this book. No one
who reads it will be the same again. We're talking power here, the
power to change consciousness. Fasten your seat belts."--Sister
Helen Prejean, CSJ, author of "Dead Man Walking"
""When the State Kills" describes how capital punishment and the
politics of vengeance have corrupted the courts, other institutions
of government, and our culture. It documents the enormous cost of
the death penalty to society far beyond the cases in which it is
inflicted. And it reveals the poverty of vision that has kept the
United States from joining other nations in abandoning this violent
and primitive form of punishment."--Stephen B. Bright, Director,
Southern Center for Human Rights
"Sarat's brilliant, probing study lights the way to a new depth
of understanding of the dangerous role of capital punishment in
American society. It shows how the death penalty, trivially
unimportant as a tool of crime control, has become a central focus
of this nation's agonized, obsessive struggle to define itself as
strong, clear-sighted and self-confident enough to revel in divine
power over life and death. Profoundly insightful."--Anthony G.
Amsterdam, capital defense lawyer, Professor of Law, New York
University
"Capital punishment is one of the main crimes of state. In this
lucid, scrupulous, and passionate book, Austin Sarat explores the
many facets of capital punishment in order to present the practice
fully and unsparingly. He prepares the way for a new critique of
capital punishment by articulating the most cogent reasons against
it. The book is a triumph of humanist scholarship."--George Kateb,
Princeton University
Foundational principles of the contemporary practices of both
restorative justice and the concept of therapeutic jurisprudence
often import organic and indigenous practices of conflict
resolution to resolve insufficiencies and even to explain
fundamental ideas. Too often, the indiscriminate use of such
practices does not mind the gap between the defining principles,
the guiding principles, or the limiting principles that challenge
particular features of practical applications. Minding the Gap
Between Restorative Justice, Therapeutic Jurisprudence, and Global
Indigenous Wisdom gives an authentic voice to practitioners and
theorists whose work originates in organic or indigenous conflict
resolution. It raises awareness of the diversity of approaches to
dispute resolution from the deep perspective of their foundations
and understands the challenges that arise in the practical
application of restorative justice and therapeutic jurisprudence
models when using principles disconnected from their foundation. It
further offers ways to bridge the gap so that it is no longer an
obstacle but a source of transformation. Covering topics such as
justice praxes, indigenous conflict resolution, and global
indigenous wisdom, this premier reference source is a dynamic
resource for HR managers, lawyers, government officials, mediators,
counselors, students and faculty of higher education, librarians,
researchers, and academicians.
Today the United States leads the world in incarceration rates. The
country increasingly relies on the prison system as a "fix" for the
regulation of societal issues. Captivity Beyond Prisons is the
first full-length book to explicitly link prisons and incarceration
to the criminalization of Latina (im)migrants. Starting in the
1990s, the United States saw tremendous expansion in the number of
imprisoned (im)migrants, specifically Latinas/os. Consequently,
there was also an increase in the number of deportations. In
addition to regulating society, prisons also serve as a
reproductive control strategy, both in preventing female inmates
from having children and by separating them from their families.
With an eye to racialized and gendered technologies of power,
Escobar argues that incarcerated Latinas are especially depicted as
socially irrecuperable because they are not considered useful
within the neoliberal labor market. This perception impacts how
they are criminalized, which is not limited to incarceration but
also extends to and affects Latina (im)migrants' everyday lives.
Escobar also explores the relationship between the immigrant rights
movement and the prison abolition movement, scrutinizing a variety
of social institutions working on solutions to social problems that
lead to imprisonment. Accessible to both academics and those in the
justice and social service sectors, Escobar's book pushes readers
to consider how, even in radical spaces, unequal power relations
can be reproduced by the very entities that attempt to undo them.
Are you a prison officer who feels nervous about dealing with
Muslims on the wings? Are you a prison chaplain who wants to know
how your chaplaincy affects the lives of prisoners? Are you a
policymaker who needs a robust base of evidence for Islam in
prison? Are you an academic or a journalist seeking ground-breaking
social science in a contentious field? Based on original evidence
from 279 Muslim prisoners and 79 prison officers, we explore how
Muslims come to be incarcerated, how the practice of Islam affects
prison life and rehabilitation, the types of Islam and the effects
of Islamic conversion in prison and the professional practice of
officers and chaplains. We also investigate the common belief that
incarceration fosters Islamist extremism and suggest improvements
to faith provision and rehabilitative opportunities for Muslim
prisoners.
Based on over thirty years of research of government sentencing
policy and work within the criminal justice system, David Fraser
demonstrates that Britain's increased reliance on alternatives to
imprisonment has allowed violent crime to flourish. The number of
life-threatening attacks has increased rapidly over the last forty
years but justice officials have masked this development within a
blizzard of deceptive statistics. Anti-prison groups tell the
public that violent offenders can be managed in the community under
supervision and that prison makes offenders worse. Contrary to this
misleading propaganda, the evidence presented here informs us that
criminals under probation supervision as an alternative to
imprisonment commit hundreds of the most serious crimes every year,
while the government's figures - which are kept away from the
public eye - make it clear that long prison sentences are our best
protection against violent crime. Licence to Kill demonstrates that
the death penalty was an effective deterrent to homicide but does
not argue for its reintroduction. Instead, by acknowledging its
effectiveness, David Fraser argues the case for a re-vamped
sentencing system that is as effective as was the fear of the
hangman's noose. By providing readers with an alternative
perspective, he invites them to consider the idea of a new criminal
sentencing framework.
Why we punish, who we punish and how we punish are central elements of any discussion of the role of law in modern society. In this impressive and timely collection, two leading experts on the theory of punishment have selected a range of articles which have made important and influential contributions to the ways in which punishment is understood in contemporary society. The collection is introduced by a lengthy and original discussion of the key concepts of punishment, and each article is prefaced by a short introduction setting out the issues to be discussed. Throughout the book the aim of the editors is to demonstrate how complex the concept of punishment is, and to illustrate how an understanding of punishment is vitally important for students of law and society.
As the world becomes ever more unequal, people become ever more
'disposable'. Today, governments systematically exclude sections of
their populations from society through heavy-handed policing. But
it doesn't always go to plan. William I. Robinson exposes the
nature and dynamics of this out-of-control system, arguing for the
urgency of creating a movement capable of overthrowing it. The
global police state uses a variety of ingenious methods of control,
including mass incarceration, police violence, US-led wars, the
persecution of immigrants and refugees, and the repression of
environmental activists. Movements have emerged to combat the
increasing militarization, surveillance and social cleansing;
however many of them appeal to a moral sense of social justice
rather than addressing its root - global capitalism. Using shocking
data which reveals how far capitalism has become a system of
repression, Robinson argues that the emerging megacities of the
world are becoming the battlegrounds where the excluded and the
oppressed face off against the global police state.
The British public today endure some of the world's worst crime
levels. According to the government's own estimates, 132 million
indictable crimes alone are committed every year, the vast majority
of which go unrecorded and undetected. Burglary is rife; street
crime burgeoning and violence is escalating to unprecedented
levels. Fear of crime means that many of us - especially the
vulnerable and the elderly - have become prisoners in our own
homes, leaving predatory criminals free to roam our streets. In
this meticulously researched and passionately argued study of the
contemporary British justice system, David Fraser offers a sobering
indictment of post-war British governments, who have not only
overseen but also fostered this spectacular and terrifying rise in
crime. Almost without exception, governments - and the civil
servants and academics who abet them - have sought to persuade us
that criminals are victims of society and that they are best
rehabilitated within the community rather than punished inside
prisons. So pervasive has this 'anti-prison propaganda' become that
few of whatever political complexion are now prepared to question
its truth. However, as David Fraser cogently argues, community
supervision and probation orders have simply left criminals free to
reoffend, while the criminal justice system's near obsession with
the well-being of criminals has come to override its concerns for
their victims, whose interests and sufferings are callously
ignored. Moreover, he suggests successive governments' failure to
carry out what is their first duty - to protect their citizens -
threatens to undermine our democracy, as more and more people -
exasperated by the blatant injustice of the justice system - take
the law into their own hands. Britain has indeed become 'a land fit
for criminals'.
The path away from America's prison crisis may lead through the
jail. While there may be many positive aspects of jails as sites of
confinement, especially when compared with the prisons of mass
incarceration, Irwin's analysis pointed to features that could make
the new jail-based version of mass incarceration even worse. The
local nature and relative obscurity of jails means that the level
of legal review and due process obtainable in prisons through the
persistent efforts of civil rights lawyers may be even harder to
maintain in jails. The historic focus of jails on what Irwin called
"rabble management" threatens to undermine the opportunity
presented by the present prison crisis to rethink America's
overreliance on confinement of all kinds (whether prisons, jails,
or immigration detention centers). If so, it is vital that those of
us committed to reversing the destructive effects of mass
incarceration on American democracy and social equality expand our
concern and our research from prisons to the jails that may replace
them. The re-publication of John Irwin's The Jail: Managing the
Underclass in American Society is a most timely aid to that
mission. --From the foreword by Jonathan Simon
Written by two academic scholars and former practitioners,
Corrections: From Research, to Policy, to Practice, Second Edition
offers students a 21st-century look into the treatment and
rehabilitative themes that drive modern-day corrections. Authors
Mary K. Stohr and Anthony Walsh expertly weave together research,
policy, and practice to give readers a foundational understanding
of the field of corrections.
The United States imprisons far more people, total and per capita,
than any other country in the world. Among the more than 1.5
million Americans currently incarcerated, minorities and the poor
are disproportionately represented. What's more, they tend to come
from just a few of the most disadvantaged neighborhoods in the
country. While the political costs of this phenomenon remain poorly
understood, it's become increasingly clear that the effects of this
mass incarceration are much more pervasive than previously thought,
extending beyond those imprisoned to the neighbors, family, and
friends left behind. For Trading Democracy for Justice, Traci Burch
has drawn on data from neighborhoods with imprisonment rates up to
fourteen times the national average to chart demographic features
that include information about imprisonment, probation, and parole,
as well as voter turnout and volunteerism. She presents powerful
evidence that living in a high-imprisonment neighborhood
significantly decreases political participation. Similarly, people
living in these neighborhoods are less likely to engage with their
communities through volunteer work. What results is the
demobilization of entire neighborhoods and the creation of vast
inequalities - even among those not directly affected by the
criminal justice system. The first book to demonstrate the ways in
which the institutional effects of imprisonment undermine already
disadvantaged communities, Trading Democracy for Justice speaks to
issues at the heart of democracy.
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