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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
When the British took control of the Indian Ocean island of Mauritius soon after the abolition of the slave trade, they were faced with a labour-hungry and potentially hostile Franco-Mauritian plantocracy. This book explores the context in which Indian convicts were transported to the island and put to work building the infrastructure necessary to fuel the expansion of the sugar industry. Drawing on hitherto unexplored archival material, it is shown how convicts experienced transportation and integrated into the Mauritian social and economic fabric.
This volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology ('Europe in prisons') which complements the conventional comparative approach ('prisons in Europe'). The chapters examine the impact - if any - that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.
Crime, Critique and Utopia examines the relationship between Utopia and the political through an analysis of utopian conceptualisations around crime and justice. It addresses the relevance of utopian principles in relation to a range of issues of direct and contemporary relevance to criminology, investigating theoretical possibilities, the use of utopian methods, and the application of utopian principles, in the quest for a transformative agenda within criminology and beyond.This book refines important social and historical themes of utopian construct from a criminological perspective, examining the interconnections between theoretical work on Utopia and political doctrines such as abolitionism and anarchism. It provides a critical analysis of criminal law and state policy on crime, considering various aspects of the utopian 'impulse' as it shapes criminological and abolitionist thinking.This edited collection includes contributions from Sarah Armstrong (Glasgow University, UK), Lynne Copson (University of Edinburgh, UK), Michael Lowy (CNRS, France), Mike Nellis (University of Strathclyde, UK), Vincenzo Ruggiero (Middlesex University, UK), David Scott (University of Central Lancashire, UK) and Loic Wacquant (University of California at Berkeley, USA).
This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980's - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the 'security sanction' and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the 'magic' of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.
This book offers a unique look into prisons in Iran and the lives of the prisoners and their families. It provides an overview of the history of Iranian prisons, depicts the sub-culture in contemporary Iranian prisons, and highlights the forms that gender discrimination takes behind the prison walls. The book draws on the voices of 90 men and women who have been imprisoned in Iran, interviewed in 2012 and 2017 across various parts of the Islamic Republic of Iran. It presents a different approach to the one proposed by Michel Foucault in Discipline and Punish because the author argues that Iran never experienced "the age of sobriety in punishment" and "a slackening of the hold on the body". Whilst penal severity in Iran has reduced, its scope has now extended beyond prisoners to their families, regardless of their age and gender. In Iran, penalties still target the body but now also affect the bodies of the entire prisoner's family. It is not just prisoners who suffer from the lack of food, clothes, spaces for sleeping, health services, legal services, safety, and threats of physical violence and abuse but also their families. The book highlights the costs of mothers' incarceration for their children. It argues that as long as punishment remains the dominant discourse of the penal system, the minds and bodies of anyone related to incarcerated offenders will remain under tremendous strain. This unique book explores the nature of these systems in a deeply under-covered nation to expand understandings of prisons in the non-Western world.
This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.
This edited volume presents research about life in prison for women, discussing both incarcerated women and those working in prisons. It addresses women's paths through the criminal justice system from sentencing through post-incarceration and reintegration into society, highlighting the differences in women's experience of prison compared to their male counterparts and noting both the positive and negative changes implemented for women behind bars. Covering research on stigma, pop culture, motherhood, sexuality and gender, access to healthcare, vocational training, and educational opportunities, this text takes both a local and international view. Women and Prison is a comprehensive volume suitable for criminal justice researchers, mental health professionals, students of criminology, women's studies, sociology and those seeking a career in corrections.
A powerful, sophisticated, and original critique on how the disciplines of law and psychiatry behave and on how the mental health and justice systems operate, Punishing the Mentally Ill reveals where, how, and why the identity and humanity of persons with psychiatric disorders are consciously and unconsciously denied. Author Bruce A. Arrigo contends that despite periodic and well-intentioned efforts at reform, the current law-psychiatry system functions to punish the mentally ill for being different. The book synthesizes a wide range of mainstream and critical literature in sociology, law, philosophy, history, psychology, and psychoanalysis to establish a new theory of punishment at the law-psychiatry divide.
The death penalty is one of the country's most controversial issues. The fairness of its application is debated in coffeehouses, classrooms, political arenas, and the media. However, despite its representation in the media, most death penalty cases receive surprisingly little national media attention. In fact, of the 1,000 people executed in the United States since 1977, and the 3,500 inmates currently awaiting execution, only a handful of cases can be recalled by the public. Those that are memorable are so because they are among the few dramatically represented in the media. Why is it that those that receive the most serious penalty are virtually nameless, while the death penalty in general is one of the most discussed aspects of the criminal justice system? What makes some executions more newsworthy than others? What are the implications of media coverage for the public's understanding of this significant issue? This book looks at those death row cases that received the most intensive media coverage from the 1970s through the present, and why. At the same time, it focuses on changes in public opinion about the death penalty and how newspaper coverage and evolving mass sentiment relate to one another. Kudlac covers such celebrated cases as Karla Faye Tucker, Timothy McVeigh, Aileen Wuornos, John Wayne Gacy, and others that captured the attention of the American public and affected public opinion about the death penalty through the help of the media. He considers issues such as religion, politics, race, gender, and class as he reveals the reasons for our attention to certain cases above others. The book concludes with a consideration of where we go from here. With new investigativetechniques that have helped to exonerate some death row inmates, and various other considerations that have come into play in recent cases, the future of the death penalty will continue to be shaped by the media and the public.
This book examines the role of religion and spirituality in desistance from crime and disengagement from gangs. Drawing upon in-depth interviews with male gang members and offenders as well as insights gathered from pastors, chaplains, coaches and personal mentors, the testimonials span three continents, focusing on the USA, Scotland, Denmark and Hong Kong. This volume offers unique empirical findings about the role that religion and spirituality can play in enabling some male gang members and offenders to transition into a new social sphere characterised by the presence of substitute forms of brotherhood and trust, and alternative forms of masculine status. The author presents critical insights into the potential relationship between religious and spiritual participation and the emergence of coping strategies to deal with the 'stigmata' that gang masculinity leaves behind. With its wide-ranging and multi-perspective approach, this book will be essential reading for students and scholars of gang culture, masculinity and spirituality, as well as policy makers and practitioners.
This book explores the growing understanding and evidence base for the role of trauma in sexual offending. It represents a paradigm shift, in which trauma is becoming an important risk factor to be considered in the treatment of individuals convicted of sexual crime. The authors consider the theoretical and historical explanations and understandings of sexual offending and its relationship with early trauma, paving the way for a volume which considers client's treatment needs through a new, trauma-informed lens. The experiences and challenges of specific groups are also explored, including young people and women. Readable, yet firmly anchored in a sound evidence base, this book is relevant to psychologists, therapists, criminologists, psychiatrists, mental health nurses, social workers, students, and to practitioners and the general public with an interest in learning more about the topic.
This handbook brings together the knowledge on juvenile imprisonment to develop a global, synthesized view of the impact of imprisonment on children and young people. There are a growing number of scholars around the world who have conducted in-depth, qualitative research inside of youth prisons, and about young people incarcerated in adult prisons, and yet this research has never been synthesized or compiled. This book is organized around several core themes including: conditions of confinement, relationships in confinement, gender/sexuality and identity, perspectives on juvenile facility staff, reentry from youth prisons, young people's experiences in adult prisons, and new models and perspectives on juvenile imprisonment. This handbook seeks to educate students, scholars, and policymakers about the role of incarceration in young people's lives, from an empirically-informed, critical, and global perspective.
This book provides a comprehensive overview of capital punishment in the Australian colonies for the very first time. The author illuminates all aspects of the penalty, from shortcomings in execution technique, to the behaviour of the dying criminal, and the antics of the scaffold crowd. Mercy rates, execution numbers, and capital crimes are explored alongside the transition from public to private executions and the push to abolish the death penalty completely. Notions of culture and communication freely pollinate within a conceptual framework of penal change that explains the many transformations the death penalty underwent. A vast array of sources are assembled into one compelling argument that shows how the 'lesson' of the gallows was to be safeguarded, refined, and improved at all costs. This concise and engaging work will be a lasting resource for students, scholars, and general readers who want an in-depth understanding of a long feared punishment. Dr. Steven Anderson is a Visiting Research Fellow in the History Department at The University of Adelaide, Australia. His academic research explores the role of capital punishment in the Australian colonies by situating developments in these jurisdictions within global contexts and conceptual debates.
This book describes the complex process of desistance from sexual crime as told by 74 men incarcerated for sexual offenses and released back into the community. Unlike much of the research on this topic, Harris places strong emphasis on how men who have committed serious sexual offenses come to stop offending and end their 'criminal career'. Drawing on in-depth interviews, Harris outlines three main strategies that the men employ in order to pursue offense-free lives. The Retirement Strategy is divided into those who appear to simply 'resign' and those who go on to 'rebuild' their lives. The Regulation Strategy characterizes desistance as a product of one's ability to navigate increasingly restrictive legislation ('restricted,' 'rehearsed,' 'resistant,' and 'reclusive' desistance). The men who describe their desistance in terms of Recovery do so either through 'rehabilitation' or through 'resilience.' This original and engaging study will be of great interest not only to academics who study sexual aggression but also those who have survived sexual abuse themselves, and anyone working with survivors of sexual abuse, individuals convicted of sexual offenses, their families, and their communities.
'A robust, decolonial challenge to carceral feminism' - Angela Y. Davis ***Winner of an English PEN Award 2022*** The mainstream conversation surrounding gender equality is a repertoire of violence: harassment, rape, abuse, femicide. These words suggest a cruel reality. But they also hide another reality: that of gendered violence committed with the complicity of the State. In this book, Francoise Verges denounces the carceral turn in the fight against sexism. By focusing on 'violent men', we fail to question the sources of their violence. There is no doubt as to the underlying causes: racial capitalism, ultra-conservative populism, the crushing of the Global South by wars and imperialist looting, the exile of millions and the proliferation of prisons - these all put masculinity in the service of a policy of death. Against the spirit of the times, Francoise Verges refuses the punitive obsession of the State in favour of restorative justice.
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. Taken together, this work draws connections between local problems of crime control, transnational forms of governance, and the ways in which certain political and jurisprudential discourses have come to dominate policy and practice in western penal systems. ERRATUM The sentence on p. 153, lines 5-7 should read "...if welfare expenditure had not risen but remained at its 1987 level, the rise in imprisonment would have been 20 per cent greater than actually occurred, i.e. from 75 in 1987 to 99 in 1998." No other part of the book is affected by this correction.
The profile of prisoners across many Western countries is strikingly similar - 95% male, predominantly undereducated and underemployed, from the most deprived neighbourhoods. This book reflects on how similarly positioned men configure masculinities against global economic shifts that have seen the decimation of traditional, manual-heavy industry and with it the disruption of long-established relations of labour. Drawing on life history interviews and classical ethnography, the book charts a group of men's experiences pre, during and post prison. Tracking the development of masculinities from childhood to adulthood, across impoverished streets, 'failing' schools and inadequate state 'care', the book questions whether this proved better preparation for serving prison time than working in their local, service-dominated, labour markets. It integrates theories of crime, geography, economics and masculinity to take into account structural and global economic shifts as well as individual long-term perspectives in order to provide a broad examination on pathways to prison and post prison.
In the last two decades there has been an unprecedented increase in the use of imprisonment in the United States. This expansion of the imprisonment rate did not happen in the other Western democracies and, more importantly, it happened very unevenly among the fifty states. Professor Davey examines the change in the rate of imprisonment in relationship to the crime rate as well as six other socio-economic variables. Davey then examines a number of states in detail to assess the key factors that resulted in increased imprisonment. Professor Davey concludes from the analyses that "law and order" politics of individual governors was the pivotal factor in the decision to expand prisons. Expansion was neither an outgrowth of unusual crime increases nor an effective method of reducing further crime increases, but waging "war on crime" was a very effective method of winning elections.
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing. The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment.
Drawing on Foucauldian theory and 'social harm' paradigms, Michael Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.
Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches. Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.
This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.
This book explores the experiences of lesbian, gay, bisexual and trans (LGBT) communities as victims, offenders and staff within the criminal justice system. It draws on both emerging and existing LGBT research and campaigns to identify and explore issues relevant to the criminal justice system, including: agencies of the criminal justice system, victimisation, domestic violence and abuse, transgender experiences, LGBT people as offenders, international perspectives and the personal experiences of LGBT people. Charlotte Knight and Kath Wilson trace the legislative journey toward equal treatment before and after the Wolfenden Report. They consider why, for example, lesbians are over represented on death row in the US, how the prosecution characterises them and what part homophobia might play in offending and in sentencing. They raise important questions about the causes of, and responses to, same-sex domestic violence and abuse and how the system delivers justice to trans people. Sodomy laws and the treatment of LGBT people worldwide are also considered and models of good practice are offered. Their insights will be of interest to practitioners, policy makers and scholars of the criminal justice system, particularly those concerned with the rights of LGBT communities. |
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