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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
When is the death penalty considered "cruel and unusual punishment" or "constitutionally permissible"? This book exposes readers directly to landmark opinions of the U.S. Supreme Court that strive to answer difficult questions regarding capital punishment. This book provides far more than an effective overview of the history, current status, and future of capital punishment in America; it supplies excerpts of the words of the justices themselves to make these judicial opinions readily accessible and understandable to general audiences. As a result, readers can see what the justices had to say for themselves regarding more than 30 important cases involving the death penalty-without relying on any intermediary interpretations of their statements. After a brief historical summary of the debate over capital punishment and the arguments favoring and opposing capital punishment, the book "decodes" how the justices have interpreted and applied constitutional provisions to historical and contemporary controversies. Each case includes brief narrative commentaries inserted by the authors to provide context for the justices' words. Additionally, the excerpted judicial opinions are presented as primary source documents for the reader's inspection and reflection. Presents the opinions of the Supreme Court in significant capital punishment or cruel and unusual punishment cases through the carefully excerpted words of the justices themselves Organizes information chronologically to facilitate students tracing the evolution of capital punishment in the United States Uses documents and insightful commentary to clarify and explain the arguments for and against capital punishment, providing unbiased information that allows readers to fairly consider both sides of the debate Recognizes the trends in the Supreme Court's decisions involving the death penalty and cruel and unusual punishment Ties court opinions to developments in law, technology, and society, such as the advent of DNA evidence Provides an ideal resource for undergraduate students studying constitutional law, civil rights/liberties, criminal justice, American government, and American history; as well as high school students in relevant advanced placement courses
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 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.
After decades of the American "war on drugs" and relentless prison expansion, political officials are finally challenging mass incarceration. Many point to an apparently promising solution to reduce the prison population: addiction treatment. In Addicted to Rehab, Bard College sociologist Allison McKim gives an in-depth and innovative ethnographic account of two such rehab programs for women, one located in the criminal justice system and one located in the private healthcare system-two very different ways of defining and treating addiction. McKim's book shows how addiction rehab reflects the race, class, and gender politics of the punitive turn. As a result, addiction has become a racialized category that has reorganized the link between punishment and welfare provision. While reformers hope that treatment will offer an alternative to punishment and help women, McKim argues that the framework of addiction further stigmatizes criminalized women and undermines our capacity to challenge gendered subordination. Her study ultimately reveals a two-tiered system, bifurcated by race and class.
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 groundbreaking book offers a comprehensive documentary history of children whose parents were identified as enemies of the Soviet regime from its inception through Joseph Stalin's death. When parents were arrested, executed, or sent to the Gulag, their children also suffered. Millions of children, labeled "socially dangerous," lost parents, homes, and siblings. Co-edited by Cathy A. Frierson, a senior American scholar, and Semyon S. Vilensky, Gulag survivor and compiler of the Russian documents, the book offers documentary and personal perspectives. The editors present top-secret documents in translation from the Russian state archives, memoirs, and interviews with child survivors. The editors' narrative reveals how such prolonged child victimization could occur, who knew about it, and who tried to intervene on the children's behalf. The editors show how the emotions from childhood trauma persist into the twenty-first century, passing from victims to their children and grandchildren. Interviews with child survivors also display their resilient ability to fashion productive lives despite family destruction and stigma.
Typical offender risk factors include a history of antisocial behavior, an antisocial personality, antisocial cognition, antisocial associates, family and/or marital problems, school or work problems, leisure or recreation problems, and substance abuse. Though there are roughly 66 risk assessment instruments that measure these factors, only 19 of them are in wide use. Of these tools, micro-level and personal factors are included on typical risk instruments while external or macro-level matters are not. Community Risk and Protective Factors for Probation and Parole Risk Assessment Tools: Emerging Research and Opportunities is an essential research publication that explores tools for predicting recidivism rates among incarcerated individuals. The study provides evidence for an alternative explanation for a still prevailing notion that recidivism is primarily a result of personal/internal failings (such as mental illness or cognitive impairment) versus external/societal ones. Featuring a wide range of topics such as affordable housing, policy reform, and adult education, this book is ideal for criminologists, sociologists, law enforcement, corrections officers, wardens, therapists, rehabilitation counselors, researchers, policymakers, criminal justice professionals, academicians, and students.
Russell tests the U.S. Supreme Court's assumption that the procedure used to select jurors who impose the death penalty does not inject racial bias into the jury. In Georgia, those who supported the death penalty and were placed on juries were more likely to sentence black defendants to death. Further, those who supported the death penalty tend to hold attitudes that are linked to racial bias and act as surrogate measures for racial bias. He also finds no support in his analysis for the results of other research that indicate that death penalty jurors are conviction prone. Although earlier empirical evidence has suggested a consistent pattern of race-related differential sentencing, Russell's study is the first to demonstrate that the death qualification tends to eliminate moderate attitudes and concentrate racial bias in death penalty juries. "The Death Penalty and Racial Bias" suggests a clear direction for future policy research into the neutrality of death-qualified juries.
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.
"If you do the crime you gotta do the time." This adage reflects the overall attitude most Americans have about crime and the criminal justice system. Implicit in this adage is the notion that once "the time" is done, the individual is free to re-enter society and resume a normal life. In Prisoner Re-entry and Social Capital, authors Earl Smith and Angela J. Hattery challenge this myth. Prisoner Re-entry and Social Capital takes as its starting point interviews with twenty-five men and women during the summer of 2008 about their experiences with re-entering the "free world" after a period of incarceration. By analyzing the experiences of these men and women, Smith and Hattery look in depth at the factors that inhibit successful re-entry and illustrate some successes and failures. The book examines individual characteristics that inhibit successful re-entry such as addiction and sex offender status as well as the unique challenges faced by women. Uniquely, Smith and Hattery focus on the role that social capital plays as one of the most important factors that shapes the re-entry experience. Today, one of the most pressing issues facing scholars, those who work in the criminal justice system, and the citizenry as a whole is the extraordinarily high rate of recidivism. These interviews and analyses provide a deeper and more precise understanding of the biases faced by re-entry felons in the labor market and work to address the key barriers to re-entry in hopes to aid in their elimination.
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.
Revelations about U.S. torture and prisoner abuse in blatant violation of the long-established and universally recognized Geneva Conventions have horrified most Americans. Nevertheless, it has been argued that the high stakes of the "War on Terror" have made the protections offered by the Conventions obsolete, or that the abuses are the work of a few rogue soldiers and officers. This book reaches past the headlines into the historical record to document POW torture and also domestic prisoner abuse dating well back in our history as well as government and military knowledge of and collusion in such ostensibly illegal and reprehensible acts. Is torture and prisoner abuse justified in the name of some greater good? As a society we shall have to decide. The historical record presented here can contribute much to an informed national discussion. Series features: BLTimeline anchoring the discussion in time and place BLBibliography of print and Internet resources guiding further exploration of the subject BLCharts and tables analyzing complex data, including survey results
Rape is a fact of life for the incarcerated. Can American society maintain the commitment expressed in recent federal legislation to eliminate the rampant and costly sexual abuse that has been institutionalized into its system of incarceration? Each year, as many as 200,000 individuals are victims of various types of sexual abuse perpetrated in American prisons, jails, juvenile detention facilities, and lockups. As many as 80,000 of them suffer violent or repeated rape. Those who are outside the incarceration experience are largely unaware of this ongoing physical and mental damage-abuses that not only affect the victims and perpetrators, but also impose vast costs on society as a whole. This book supplies a uniquely full account of this widespread sexual abuse problem. Author Michael Singer has drawn on official reports to provide a realistic assessment of the staggering financial cost to society of this sexual abuse, and comprehensively addressed the current, severely limited legal procedures for combating sexual abuse in incarceration. The book also provides an evaluation of the Prison Rape Elimination Act of 2003 and its recently announced national standards, and assesses their likely future impact on the institution of prison rape in America.
This 25-volume set has titles originally published between 1951 and 1995. It explores several different aspects of the police and their approaches to policing over the years. Many of the titles are from the 1980s, where the police were beginning to come under increasing scrutiny and their relationship with the public was under pressure. Topics include: accountability, community policing, police work, policy, training, along with international comparisons. Ongoing debates of police accountability and police race relations today mean this collection is a timely resource for those interested in criminology, particularly the recent history of the police and their role in society.
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 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 foregrounds the provision of education for young people who have been remanded or sentenced into custody. Both international conventions and national legislation and guidelines in many countries point to the right of children and young people to access education while they are incarcerated. Moreover, education is often seen as an important protective and 'rehabilitative' factor. However, the conditions associated with incarceration generate particular challenges for enabling participation in education. Bridging the fields of education and youth justice, this book offers a social justice analysis through the lens of 'participatory parity', the book brings together rare interviews with staff and young people in youth justice settings in Australia, secondary data from these sites, a suite of pertinent and frank reports, and international scholarship. Drawing on this rich set of material, the book demonstrates not only the challenges but also the possibilities for education as a conduit for social justice in custodial youth justice. The book will be of immediate relevance to governments and youth justice staff for meaningfully meeting their obligation of enabling children and young people in custody to benefit from education; and of interest to scholars and researchers in education, youth work and criminology.
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. |
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