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.

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 press called Martin's actions a "crime spree." Already convicted of armed robbery, Martin was facing the death penalty. In less than two weeks the jury would decide his fate. Terrified that his son would be sentenced to die, Phillip did the only thing he felt he could do: in an act of faith and desperation in his garage with the car exhaust running, Phillip made the consummate sacrifice to spare his son the ultimate punishment. Ironically, his suicide presented Martin's with another chance at life; the jury, moved by Martin's loss, spared his life.
Phillip's story-like those of the other parents, siblings, children, and cousins chronicled in this book-vividly illustrates the precarious position family members of capital offenders occupy in the criminal justice system. At once outsiders and victims, they live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime.
Restorative justice theory, which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organizes these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all. What emerges from hundreds of hours' worth of in-depth interviews with family members of offenders and victims, legal teams, and leaders in the abolition and restorative justice movements is a vision of justice strongly rooted in the social fabric of communities. Showing that forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred, this eye-opening book bridges the pain of living in the shadow of death with the possibility of a reparative form of justice.
Anyone working with victims, offenders, and their families-from lawyers and social workers to mediators and activists-will find this riveting work indispensable to their efforts.

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

Despite very diverse approaches towards punishing crime, all Western jurisdictions punish repeat offenders more harshly (a practice known as the recidivist sentencing premium) . For many repeat offenders, their previous convictions have more impact on the penalty they receive than the seriousness of their current crime. Why do we punish recidivists more harshly? Some sentencing theorists argue that offenders should be punished only for the crimes they commit - not for the crimes committed and paid for in the past. From this perspective, punishing repeat offenders more severely amounts to double punishment. Having been punished once for an offence, the recidivist will pay for the crime again every time he re-offends. Is this fair?
This volume explores the nature and consequences of the recidivist sentencing premium on both the theoretical and empirical levels. It begins by exploring the justifications for treating repeat offenders more harshly, and then provides examples of the practice from a number of jurisdictions including England and Wales, Canada, and the United States. Particular attention is paid to the views of two important groups: convicted offenders and the general public. If offenders believe that the recidivist sentencing premium is unjustified, they are less likely to accept the legitimacy of the justice system. As for members of the public, it is important to know whether this key element of the sentencing process is consistent with community views.

In this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis.
""Punishment and Modern Society" is an outstanding delineation of the sociology of punishment. At last the process that is surely the heart and soul of criminology, and perhaps of sociology as well--punishment--has been rescued from the fringes of these 'disciplines'. . . . This book is a first-class piece of scholarship."--Graeme Newman, "Contemporary Sociology"
"Garland's treatment of the theorists he draws upon is erudite, faithful and constructive. . . . "Punishment and Modern Society" is a magnificent example of "working" social theory."--John R. Sutton, "American Journal of Sociology"
""Punishment and Modern Society" lifts contemporary penal issues from the mundane and narrow contours within which they are so often discussed and relocates them at the forefront of public policy. . . . This book will become a landmark study."--Andrew Rutherford, "Legal Studies"
"This is a superbly intelligent study. Its comprehensive coverage makes it a genuine review of the field. Its scholarship and incisiveness of judgment will make it a constant reference work for the initiated, and its concluding theoretical synthesis will make it a challenge and inspiration for those undertaking research and writing on the subject. As a state-of-the-art account it is unlikely to be bettered for many a year."--Rod Morgan, "British Journal of Criminology"
Winner of both the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems and the Distinguished Scholar Award from the American Sociological Association's Crime, Law, and Deviance Section

The press called Martin's actions a "crime spree." Already convicted of armed robbery, Martin was facing the death penalty. In less than two weeks the jury would decide his fate. Terrified that his son would be sentenced to die, Phillip did the only thing he felt he could do: in an act of faith and desperation in his garage with the car exhaust running, Phillip made the consummate sacrifice to spare his son the ultimate punishment. Ironically, his suicide presented Martin's with another chance at life; the jury, moved by Martin's loss, spared his life.
Phillip's story-like those of the other parents, siblings, children, and cousins chronicled in this book-vividly illustrates the precarious position family members of capital offenders occupy in the criminal justice system. At once outsiders and victims, they live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime.
Restorative justice theory, which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organizes these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all. What emerges from hundreds of hours' worth of in-depth interviews with family members of offenders and victims, legal teams, and leaders in the abolition and restorative justice movements is avision of justice strongly rooted in the social fabric of communities. Showing that forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred, this eye-opening book bridges the pain of living in the shadow of death with the possibility of a reparative form of justice.
Anyone working with victims, offenders, and their families-from lawyers and social workers to mediators and activists-will find this riveting work indispensable to their efforts.

Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.

The book offers an incisive collection of contemporary research into the problems of crime control and punishment. It has three inter-related aims: to take stock of current thinking on punishment, regulation, and control in the early years of a new century and in the wake of a number of critical junctures, including 9/11, which have transformed the social, political, and cultural environment; to present a selection of the diverse epistemological and methodological frameworks which inform current research; and finally to set out some fruitful directions for the future study of punishment. The contributions to this collection cover some of the most exciting and challenging areas of current research including terrorism and the politics of fear, penality in societies in transition, penal policy and the construction of political identity, the impact of digital culture on modes of compliance, the emergent hegemony of information and surveillance systems, and the evolving politics of victimhood.

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.

Punishment is the common response to crime and deviance in all societies. However, its particular form and purpose are also linked to specific features of the structure of these societies at a particular time and place. Through a comparative historical analysis of punishment, this 2005 book is designed to identify and examine the sources of similarity and differences in types of economic punishments, incapacitation devices and structures, and lethal and non-lethal forms of corporal punishment over time and place. We will look closely at punishment responses to crime and deviance across different regions of the world and in specific countries like the United States, China, and Saudi Arabia. It is hoped that the reader will gain an appreciation for both the universal and context-specific nature of punishment and its use for purposes of social control, social change, and the elimination of threat to the prevailing authorities.

The last twenty five years have seen dramatic rises in the prison populations of most industrialised nations. Unable to keep up with increased numbers of convicted offenders, governments and criminal justice systems have been seeking new ways to control and punish offenders. One sanction adopted in Canada and some parts of Europe and the US is community custody which attempts to recreate the punitive nature of prison but without incarceration. This book analyzes the effectiveness of this approach and explores its implications for offenders and society as a whole. It demonstrates that if properly conceived and administered, community custody can reduce the number of prison admissions and at the same time promote multiple goals of sentencing. So that offenders given community custody orders are punished yet also given the opportunity to change their lives in ways that would be impossible if they were in prison. Julian V. Roberts has been working in the area of sentencing and public opinion for over twenty years. He is Editor of The Canadian Journal of Criminology and Criminal Justice and has written and co-edited ten books.

Each year in the United States, more than 625,000 individuals are released from prison. Half will be back in prison within just three years. Many former prisoners who reoffend return home to their old communities, where the same family, friends, drugs, and criminal opportunities await them. In Home Free, David S. Kirk uses Hurricane Katrina as a natural experiment to examine whether residential relocation away from an old neighborhood can lead to desistance from crime. Drawing upon both quantitative and qualitative evidence and data from an experimental housing mobility program, he focuses on the lives of individuals released from Louisiana prisons soon after the hurricane, some who moved away from New Orleans and some who did not. Kirk further explores the impact of the Katrina-induced residential change, which provides a unique opportunity to investigate what happens when individuals move not just a short distance away from home, but to entirely different cities, counties, and social worlds. In a series of analyses, Kirk shows the impact that changes in structured daily activities and peer relationships, as well as opportunities for cognitive transformation can have to substantially reduce the likelihood of recidivism. Addressing one of the biggest challenges now facing the criminal justice system, Home Free offers a story of redemption. In light of the devastation of Hurricane Katrina, Kirk provides important insights into how the power of a fresh start can have considerable policy implications for reducing recidivism.

This book addresses the role of victims in our criminal justice system and the shortcomings they perceive in the way they are treated. It examines whether restorative justice can offer them more justice than they receive from the formal court-based system. Research into the shortcomings of the court-based system has identified a number of issues that victims want to address. In brief, they want a less formal process where their views count, more information about both the processing and the outcome of their case, a greater opportunity for participation in the way their case is dealt with, fairer and more respectful treatment, and emotional as well as material restoration as an outcome. Over the past three decades, the victim movement worldwide has agitated for an enhanced role for victims in criminal justice. Despite some successes, it appears that structural as well as political factors may mean that victims have won as much as they are likely to gain from formal justice. A series of randomized controlled trials in Canberra, known as the Reintegrative Shaming Experiments (RISE), has provided an opportunity to compare rigorously the impact on victims of court-based justice with a restorative justice program known as conferencing. In these experiments, middle-range property and violent offences committed by young offenders were assigned either to court (as they would normally have been treated) or to a conference. Empirical evidence from RISE examined in this book suggests that the restorative alternative of conferencing more often than court has the capacity to give victims what they say they want in achieving meaningful victim participation and restoration, especially emotional restoration.

In reviving the idea of an informal approach to conflict resolution, the Restorative Justice movement attempts to break out of the freedom punitive thinking which shapes modern criminal justice. Its proponents claim that its guiding ideals - personalism, participation, and reintegration - deliver a fairer, more effective, and more humane justice than does the court system. However, a simplistic tendency both to extol the virtues of restorative justice and to denigrate all formal approaches risks blinding enthusiasts to the dangers inherent in unchecked participant power , as well as to the protection which State institutions and professionals can provide to individuals and communities. The procedural safeguard of institutional accountability helps reduce these dangers. Examining the experiences of 25 programmes in six countries, Accountability in Restorative Justice uncovers a number of neglected, overlapping, and incomplete types of accountability, including the informal type built into deliberations between victims and offenders and their supporters. This deliberative accountability can provide a rigorous check for regulating decision-making, holding state agencies accountable, and monitoring the completion of agreements reached between participants. This book also considers the role played by formal types of accountability, such as external review. It suggests a new approach, in which judges become more involved in monitoring the quality of deliberation in restorative justice conferences than with enforcing traditional sentencing principles.

"A lucid, smart, engaging, and accessible introduction to the impact of lynching photography on the history of race and violence in America. "--Grace Elizabeth Hale, author of "Making Whiteness: The Culture of Segregation in America, 1890-1940"
"With admirable courage, Dora Apel and Shawn Michelle Smith examine lynching photographs that are horrifying, shameful, and elusive; with admirable sensitivity they help us delve into the meaning and legacy of these difficult images. They show us how the images change when viewed from different perspectives, they reveal how the photographs have continued to affect popular culture and political debates, and they delineate how the pictures produce a dialectic of shame and atonement."--Ashraf H. A. Rushdy, author of "Neo-Slave Narratives and Remembering Generations"
"This thoughtful and engaging book offers a highly accessible yet theoretically sophisticated discussion of a painful, complicated, and unavoidable subject. Apel and Smith, employing complementary (and sometimes overlapping) methodological approaches to reading these images, impress upon us how inextricable photography and lynching are, and how we cannot comprehend lynching without making sense of its photographic representations."--Leigh Raiford, co-editor of "The Civil Rights Movement in American Memory"
"Our newspapers have recently been filled with photographs of mutilated, tortured bodies from both war fronts and domestic arenas. How do we understand such photographs? Why do people take them? Why do we look at them? The two essays by Apel and Smith address photographs of lynching, but their analysis can be applied to a broader spectrum of images presenting ritual orspectacle killings."--Frances Pohl, author of "Framing America: A Social History of American Art"

Many countries have recently established restorative justice programmes, in which those affected by a crime attend meetings in the hope of achieving the ideals of reparation, reconciliation and reintegration. To answer concerns that these meetings may degenerate into 'kangaroo courts' in which participants bully and humiliate each other, this book draws upon extensive fieldwork to explore the nature, function and effectiveness of the accountability within this kind of informal justice.

The Routledge International Handbook of Forensic Psychology in Secure Settings is the first volume to identify, discuss and analyse the most important psychological issues within prisons and secure hospitals. Including contributions from leading researchers and practitioners from the UK, US, Australia and Canada, the book covers not only the key groups that forensic psychologists work with, but also the treatment options available to them, workplace issues unique to secure settings, and some of the wider topics that impact upon offender populations. The book is divided into four sections: population and issues; treatment; staff and workplace issues; contemporary issues for forensic application. With chapters offering both theoretical rigour and practical application, this is a unique resource that will be essential reading for any student, researcher or practitioner of forensic psychology or criminology. It will also be relevant for those interested in social policy and social care.

This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. Contributors address plea-bargaining, community service, electronic monitoring, standards of use of incarceration, and legal perspectives on sentencing policy developments, among other topics. Sentencing and Sanctions in Western Countries provides a range of scholars and students excellent cross-national knowledge of sentencing laws and practices, when and why they have changed over time, and with what effects.

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.

The law of homicide is probably the most high-profile area of the criminal law, yet has been relatively neglected by law reform agencies. This text brings together six English criminal lawyers to discuss the future shape of the English law of homicide and deals with such important topics as the definition of murder, the relevance of mental abnormality provocation, unintentional killings, defences and sentencing. The book also considers broad policy choices and matters of detail in their contemporary social and legal context, and highlights the difficult issues that need to be tackled if we are to have an up-to-date law of murder and manslaughter.

Prisoners are a uniquely vulnerable social group and protecting them from oppressive states has given rise to a complex web of standards generated by a variety of international mechanisms and processes. Protecting Prisoners examines the most detailed and far-reaching set of custodial standards yet devised-those of the European Committee for the Prevention of Torture (CPT)--and relates them to those of other European and United Nations bodies. The book also examines the reaction of selected Council of Europe member states--Belgium, France, Hungary, the Netherlands, Turkey, and the United Kingdom--to the application of those standards in CPT reports. This dual perspective provides a critical insight into the degree to which the development of international human rights law is having a practical impact on the situation of prisoners.