For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.

This book gathers the very best academic research to date on prison regimes in Latin America and the Caribbean. Grounded in solid ethnographic work, each chapter explores the informal dynamics of prisons in diverse territories and countries of the region - Venezuela, Brazil, Bolivia, Honduras, Nicaragua, Colombia, Puerto Rico, Dominican Republic - while theorizing how day-to-day life for the incarcerated has been forged in tandem between prison facilities and the outside world. The editors and contributors to this volume ask: how have fastest-rising incarceration rates in the world affected civilians' lives in different national contexts? How do groups of prisoners form broader and more integrated 'carceral communities' across day-to-day relations of exchange and reciprocity with guards, lawyers, family, associates, and assorted neighbors? What differences exist between carceral communities from one national context to another? Last but not least, how do carceral communities, contrary to popular opinion, necessarily become a productive force for the good and welfare of incarcerated subjects, in addition to being a potential source of troubling violence and insecurity? This edited collection represents the most rigorous scholarship to date on the prison regimes of Latin America and the Caribbean, exploring the methodological value of ethnographic reflexivity inside prisons and theorizing how daily life for the incarcerated challenges preconceptions of prisoner subjectivity, so-called prison gangs, and bio-political order. Sacha Darke is Senior Lecturer in Criminology at University of Westminster, UK, Visiting Lecturer in Law at University of Sao Paulo, Brazil, and Affiliate of King's Brazil Institute, King's College London, UK. Chris Garces is Research Professor of Anthropology at Universidad San Francisco de Quito, Ecuador, and Visiting Lecturer in Law at Universidad Andina Simon Bolivar, Ecuador. Luis Duno-Gottberg is Professor at Rice University, USA. He specializes in Caribbean culture, with emphasis on race and ethnicity, politics, violence, and visual culture. Andres Antillano is Professor in Criminology at Universidad Central de Venezuela, Venezuala.

This book seeks to break new ground in the way in which adolescent-to-parent violence and abuse is understood. Incorporating knowledge from an original research project undertaken in the UK and international literature, this book provides insight into the prevalence of this form of domestic violence which can include psychological, physical, and economic abuse. Young person and family characteristics are explored, and links are made between sibling aggression and school bullying behaviours. A key theme is how the data can be used to develop statistical models which can screen for young people behaving abusively towards their parents. It discusses how the research can be applied to inform theoretical frameworks, policy development, and professional practice, with a focus on prevention and early intervention that uses positive youth justice and restorative approaches.

Charles F. Abel and Frank H. Marsh propose an alternative to the present criminal justice system that they consider workable, efficient, and fair. They remind the reader that the criminal justice system is a political institution created by public demands and values and suggest that we must understand the basic identity of law, politics, and society if we hope to create a workable system. An effective criminal justice system, they argue, must be remedial and faciliatory and attempt to heal both victims and criminals. To accomplish this, the scope of what is legally relevant in criminal law must be broadened, and courts and penal institutions must be made flexible enough to generate social and economic forces that will help correct the effects of crime and the roots of recidivism. By drawing attention to the victim, the authors suggest new approaches and a revised set of values. They conclude that a restitutionary approach is more viable and ethical than our existing system.

Unlike other introductions to Criminology on the market, this is the only one written specifically for students taking Professional Policing. Covering the application of theory and research to practice, it is filled with practical examples and case studies throughout. The book is aligned to the requirements of the PEQF framework for police officers, but also encourages critical thinking throughout. This book has a secondary market as an alternative textbook or supplementary for the range of courses on policing, as part of a Criminology degree, or for more applied Criminology courses.

This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches?

This two-volume, edited collection lays the groundwork for an international exploration of incarceration and generation, covering a range of geographic, judicial and administrative contexts of incarceration from contributors across a range of subjects. Volume II examines intergenerational relations issues within contexts of incarceration. It focuses on the intergenerational continuities in imprisonment; intergenerational justice and citizenship; the impacts of incarceration on multiple generations and within families; and media representations of the intergenerationality of incarceration. Volume I explores an array of experiences, dynamics, cultures, interventions, and impacts of incarceration in different generations. This collection speaks to academics in criminology, sociology, psychology, and law, and to practitioners and policymakers interested in incarceration.

This book presents both a survey of and commentary upon the penal process of England and Wales between 1945 and 2020 from the primary perspective of prisons and their operational management. Part I focusses on the extent to which governmental polities, changing concepts in penology and significant events affected the performance and management of prisons during four key periods: 1945-1991; 1991-1997; 1997-2007 and 2007-2020. Part II presents a vision for more effective operation of prisons within the wider penal process in the 2020s and beyond. It draws upon the author's academic insights and his experience as a former prison governor. This book speaks to those in the social sciences, law and politics and to professionals in government and in the penal system who are interested in reform.

The meaning of 'forgiveness' and its role within restorative justice are highly contested. This book offers analysis from practical and academic perspectives within Christian theology, against a rich canvas of related concepts, including victimhood, sin, love, and vulnerability. Critical friends of restorative justice, the authors argue that forgiveness - whether as journey or act, unilateral or mutual, conditional or unconditional - is necessary to achieving a fully restorative resolution to acts of harm. They also suggest that Christianity, with its meaning-giving metanarrative of restoration, and preference for communitarian approaches to justice, may have epistemic value for evaluating and even deepening the theory and practice of restorative justice.

Essays examining how punishment operated in England, from c.600 to the Norman Conquest. Anglo-Saxon authorities often punished lawbreakers with harsh corporal penalties, such as execution, mutilation and imprisonment. Despite their severity, however, these penalties were not arbitrary exercises of power. Rather, theywere informed by nuanced philosophies of punishment which sought to resolve conflict, keep the peace and enforce Christian morality. The ten essays in this volume engage legal, literary, historical, and archaeological evidence to investigate the role of punishment in Anglo-Saxon society. Three dominant themes emerge in the collection. First is the shift from a culture of retributive feud to a system of top-down punishment, in which penalties were imposed by an authority figure responsible for keeping the peace. Second is the use of spectacular punishment to enhance royal standing, as Anglo-Saxon kings sought to centralize and legitimize their power. Third is the intersectionof secular punishment and penitential practice, as Christian authorities tempered penalties for material crime with concern for the souls of the condemned. Together, these studies demonstrate that in Anglo-Saxon England, capital and corporal punishments were considered necessary, legitimate, and righteous methods of social control. Jay Paul Gates is Assistant Professor at John Jay College of Criminal Justice in The City University of New York; Nicole Marafioti is Assistant Professor of History and co-director of the Medieval and Renaissance Studies Program at Trinity University in San Antonio, Texas. Contributors: Valerie Allen, Jo Buckberry, Daniela Fruscione, Jay Paul Gates, Stefan Jurasinski, Nicole Marafioti, Daniel O'Gorman, Lisi Oliver, Andrew Rabin, Daniel Thomas.

A Good Man Inside is the diary of one man's experiences of his time in prison written over 300 days as he reels from and makes sense of being under lock and key. A white collar criminal he sees himself as someone who should not really be in prison - as 'a good man' for whom his incarceration is doubly punitive, not practically necessary or achieving much other than the degradation and powerlessness of being in prison. But as time passes he accepts his fate and settles down to the regime, helping others and using the experience to best advantage. The book takes the reader through the day-to-day minutiae of prison life, prison conditions and the strange language of prisoner interchanges, hygiene, mental health and prison food. It emphasises the different worlds of captors and captured and deals with the preoccupations of someone who has known better times and wishes to get back to what is left of his life and family and start all over again. Captures the essence of the sudden incarceration of a previously respectable white collar offender whose reputation and comfortable life have been turned upside down. Not only from self-interest, does he try to explain the futility of locking up people like himself making the book of interest to prison reformers as well as general readers. Set out as a diary and very easy to read. Illustrated by the author.Humorous, sometimes dark, critical, insightful and of particular interest to prison reformers. 'A fascinating insight into prison life and the thought process of Will Phillips as he comes to terms with incarceration ... a mixture of humour and pathos ... a good read': Elaine Beckton Will Phillips is a singer-songwriter and performer whose on-stage experiences include as lead singer in bands and working in musicals such as Camelot and Joseph and the Technicolour Dreamcoat. Having also worked as a chef and catering events consultant and organizer, in 2010 he found himself in prison for fraudulent offences. The author of several short stories, including Ouija Board and Curse, he spends his free time at home playing his guitar in the company of his Siamese cat and best friend Dexter.

This is the eighth volume of the Correspondence produced in the new edition of The Collected Works of Jeremy Bentham. Nearly three-quarters of the letters included in this eighth volume of Correspondence have not been previously published. During the years covered by this volume, Bentham's Panopticon penitentiary scheme was finally rejected by the government; and his efforts to secure its implementation, and then to gain adequate compensation, form a major and recurring theme. But the letters do much more than complete the Panopticon saga. They give an insight into Bentham's relations with his editors and followers Etienne Dumont and James Mill, and provide information on the writing, editing, and in some cases, printing and publishing of works on law, politics, religion, and education. Just as important is the clear impression the correspondence gives of his contacts, especially with the legal and political reformers of the day. Prior to these new volumes, the only edition of Bentham's works was a poorly edited and incomplete one brought out within a decade or so of his death.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

For a revolutionary generation of Irishmen and Irishwomen - including suffragettes, labour activists, and nationalists - imprisonment became a common experience. In the years 1912-1921, thousands were arrested and held in civil prisons or in internment camps in Ireland and Britain. The state's intent was to repress dissent, but instead, the prisons and camps became a focus of radical challenge to the legitimacy and durability of the status quo. Some of these prisons and prisoners are famous: Terence MacSwiney and Thomas Ashe occupy a central position in the prison martyrology of Irish republican culture, and Kilmainham Gaol has become one of the most popular tourist sites in Dublin. In spite of this, a comprehensive history of political imprisonment focused on these years does not exist. In Imprisonment and the Irish, 1912-1921, William Murphy attempts to provide such a history. He seeks to detail what it was like to be a political prisoner; how it smelled, tasted, and felt. More than that, the volume demonstrates that understanding political imprisonment of this period is one of the keys to understanding the Irish revolution. Murphy argues that the politics of imprisonment and the prison conflicts analysed here reflected and affected the rhythms of the revolution, and this volume not only reconstructs and assesses the various experiences and actions of the prisoners, but those of their families, communities, and political movements, as well as the attitudes and reactions of the state and those charged with managing the prisoners.

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

Originally from west Kerry, Thomas Ashe was a schoolteacher in north County Dublin and a founding member of the Irish Volunteers. During the 1916 Rising he commanded the Fingal Battalion of the Volunteers, who were tasked with destroying the communications network of the British establishment north of Dublin city. This culminated in the Battle of Ashbourne, where the tactics used were a precursor of the guerrilla warfare techniques that were to be so effective in the War of Independence. Ashe was sentenced to death alongside Eamon de Valera, but their sentences were commuted to life imprisonment. He led a hunger strike in Lewes Prison in May 1917 and was released under a general amnesty in June. Ashe was re-arrested in August for a speech he made in Co. Longford. He was imprisoned in Mountjoy, where he went on hunger strike in September for prisoner-of-war status. He died on 25 September, having been force-fed by the prison authorities. Michael Collins delivered the oration at his funeral and the circumstances of his death and funeral became one of the key factors in tipping public opinion towards supporting the cause of the 1916 rebels.

This book offers practical advice on designing, conducting and analyzing interviews with 'elite' and 'expert' persons (or 'socially prominent actors'), with a focus on criminology and criminal justice. It offers dilemmas and examples of 'good' and 'bad' practices in order to encourage readers to critically asses their own work. It also addresses methodological issues which include: access, power imbalances, getting past 'corporate answers', considerations of whether or not it is at times acceptable to ask leading questions and whether to enter a discussion with a respondent at all. This book will be valuable to students and scholars conducting qualitative research.

Despite growing academic interest in the Gulag, our knowledge of the camps as a lived experience remains relatively incomplete. Criminal Subculture in the Gulag, in its sophisticated analysis of crime, punishment and everyday life in Soviet labour camps, rectifies this. From Gulag journals and song collections to tattoo drawings and dictionaries of slang, Mark Vincent draws on often-overlooked archival material from the Moscow Criminological Bureau to reconstruct a fuller picture of Gulag daily life and society. In thematic chapters, Vincent maps the Gulag 'penal arc' of prisoners across initiation tests, means of communication, the importance of card playing, punishment rituals and the notorious 1948-52 cyka ('bitches') internal prison war between military veterans and vory-v-zakone. Most importantly, this timely examination of crime and punishment in modern Russia also highlights the lines of continuity between the Gulag systems, late Imperial Katorga,and today's Russian mafia. As such, this impressively interdisciplinary volume is important reading for all scholars of 20th-century Russia as well as those interested in international criminality and penology.

This book departs from the customary focus of penology on punishments in criminal and youth justice and deals also with punitive elements of punishments employed, sometimes informally, in the household, nursery, school or at work. It argues that abusive punishments are particularly deeply rooted in authoritarian states in some Western countries such as Britain and the USA. Many punitive practices such as corporal and capital punishment have been exported from imperialist Britain over past centuries. Punishments have shifted ove the past 200 years from public spectacles of the stocks, the whip or the gallows to seclusion of the prison yard, or hte execution house.
The book surveys a variety of psychological, physically constraining, custodial, corporal and capital punishments. The implicit punitive content of judicial processes such as trials, as well as treatments such as behavioural therapy, may have as much psychological impact as more explicitly physical punishments.

This handbook provides a holistic and comprehensive examination of issues related to criminal justice reform in the United States from a multidisciplinary perspective. Divided into five key domains of reform in the criminal justice system, it analyzes: - Policing - Policy and sentencing - Reentry - Treatment - Alternatives to incarceration Each section provides a history and overview of the domain within the criminal justice system, followed by chapters discussing issues integral to reform. The volume emphasizes decreasing incarceration and minimizing racial, ethnic and economic inequalities. Each section ends with tangible recommendations, based on evidence-based approaches for reform. Of interest to researchers, scholars, activists and policy makers, this unique volume offers a pathway for the future of criminal justice reform in the United States.

This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process-investigation, prosecution, incarceration, rehabilitation-to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.

This book is the first of its kind that brings together human geography and the sociology of punishment to explore the relationship between distance and the punishment in contemporary Russia. Using established penological and geographical theories, the book presents in-depth empirical research to show how the experiences of women prisoners are shaped by the distances that the Russian penal service sends prisoners to serve their sentences. Its most eye-catching feature is its use of interviews conducted by the authors and their research team with adult and juvenile women prisoners, ex-prisoners and prison officers in penal facilities in different regions of the Russian Federation between 2006 and 2010. It includes discussion of the impact of Russia's distinctive penal geography on prisoners' family relationships, how women prisoners' sense of place and gender identities are shaped and re-shaped on their journey from pre-trial facility to 'correction colony' to release, and the social hierarchies, relationships and practices that characterise Russia's penal institutions for women. The authors are both experienced researchers in Russia. The book brings together their complementary disciplinary expertise in the development of the concept of 'coerced mobilization' to explore Russia's punishment culture. The book argues that Russia's inherited geography of penality, combined with traditional ideas about women's role that shape the penal service's management of women prisoners, add to their 'pains of imprisonment'. Crucially, the authors show how these factors are constraining the Russian penal service's ability to implement successive reforms aimed at humanizing Russia's notoriously tough prisons. Russian imprisonment as it relates to women is, they believe, an area of significant concern for lawmakers in that country as well as to human rights campaigners, geographers interested in space and power, and scholars studying the post-Soviet system.

This two-volume, edited collection lays the groundwork for an international exploration of incarceration and generation, cover a range of geographic, judicial and administrative contexts of incarceration from contributors across a range of subjects. Volume I explores an array of experiences, dynamics, cultures, interventions and impacts of incarceration in specific generations: childhood, youth and emerging adulthood, adulthood and older age. It covers topics such as: the expansion of the penal landscape; deprivation of liberty regarding children, the problem of unaccompanied migrant children; the incarceration of young adults and adults, exploring its impacts within and beyond incarceration and the consequences of imprisoning older populations. Volume II examines intergenerational relations issues within different contexts of incarceration. This collection discusses public policies and the role of the state and the citizen deprived of liberty. It speaks to academics in criminology, sociology, psychology, and law, and to practitioners and policymakers interested in incarceration.

From the 'nothing works' maxim of the 1970s to evidence-based interventions to challenge recidivism and promote pro-social behavior, psychological therapy has played an important role in rehabilitation and risk reduction within forensic settings in recent years. And yet the typical group therapy model isn't always the appropriate path to take. In this important new book, the aims and effectiveness of individual therapies within forensic settings, both old and new, are assessed and discussed. Including contributions from authors based in the UK, North America, Europe, Australia and New Zealand, a broad range of therapies are covered, including Cognitive Behavioural Therapy, Mentalisation Based Therapy, Schema Therapy, Acceptance and Commitment Therapy and Compassion Focussed Therapy. Each chapter provides: an assessment of the evidence base for effectiveness; the adaptations required in a forensic setting; whether the therapy is aimed at recidivism or psychological change; the client or patient characteristics it is aimed at; a case study of the therapy in action. The final section of the book looks at ethical issues, the relationship between individual and group-based treatment, therapist supervision and deciding which therapies and therapists to select. This book is essential reading for probation staff, psychologists, criminal justice and liaison workers and specialist treatment staff. It will also be a valuable resource for any student of forensic or clinical psychology.

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious�; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.� Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship.  Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.