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

Justice is blind...but it's not perfect. Everyday, people are convicted or accused of crimes they did not commit. Sometimes the accusations are racially motivated, sometimes they are profiled for the clothes they wear, and sometimes they are just at the wrong place at the wrong time. The 15 people in this book all share one thing in common: they are innocent, but still sent to prison. You will never look at a court room the same way again

Punishing the Black Body examines the punitive and disciplinary technologies and ideologies embraced by ruling white elites in nineteenth-century Barbados and Jamaica. Among studies of the Caribbean on similar topics, this is the first to look at the meanings inscribed on the raced, gendered, and classed bodies on the receiving end of punishment. Dawn P. Harris uses theories of the body to detail the ways colonial states and their agents appropriated physicality to debase the black body, assert the inviolability of the white body, and demarcate the social boundaries between them.,br> Noting marked demographic and geographic differences between Jamaica and Barbados, as well as any number of changes within the separate economic, political, and social trajectories of each island, Harris still finds that societal infractions by the subaltern populations of both islands brought on draconian forms of punishments aimed at maintaining the socio-racial hierarchy. Her investigation ranges across such topics as hair-cropping, the 1836 Emigration Act of Barbados and other punitive legislation, the state reprisals following the 1865 Morant Bay Rebellion in Jamaica, the use of the whip and the treadmill in jails and houses of correction, and methods of surveillance, policing, and limiting free movement. By focusing on meanings ascribed to the disciplined and punished body, Harris reminds us that the transitions between slavery, apprenticeship, and post-emancipation were not just a series of abstract phenomena signaling shifts in the prevailing order of things. For a large part of these islands' populations, these times of dramatic change were physically felt.

Understanding Wrongful Conviction: How Innocent People Are Convicted of Crimes They Did Not Commit identifies and discusses breakdowns in the criminal justice system that can have profoundly negative effects on individuals operating within or who are subjects of the system. The text also explores what can be done to successfully reduce the incidence of wrongful conviction. The opening chapter defines wrongful conviction, explains the importance of its study, and provides readers with context as to how often it happens within the American criminal justice system. Readers are provided with an overview of the history of wrongful conviction and the innocence movement. They read chapters that describe how errors and misconduct related to eyewitness testimony, forensic science, false confessions, false accusations, police error, prosecutorial error, and defense attorney error can lead to wrongful convictions. The final chapters address the aftereffects of wrongful conviction and what can be done to reduce instances of wrongful conviction. Providing readers with a unique and critical perspective, Understanding Wrongful Conviction is an ideal resource for courses and programs in criminal justice.

Issues in Criminal Justice: A Reader for Critical Thought provides students with scholarly articles that address a variety of challenges within the criminal justice system. The anthology exposes readers to a spectrum of diverse perspectives and is intended to inspire thoughtful consideration and lively debate regarding aspects, concepts, and viewpoints related to criminal justice. The text is organized into six units that address topics often discussed in introductory criminal justice courses. Each unit addresses a major element associated with the criminal justice system and features an introduction, readings, and discussion questions. The units explore the structure and management of the criminal justice system, policing and law enforcement, the judicial system, punishment and corrections, juvenile justice, and victimology. Specific issues include the prison industrial complex, the use of police body cameras, mental health courts, reform and retrenchment in juvenile justice, elder abuse, and more. Designed to foster critical thinking skills, Issues in Criminal Justice is ideal for senior-level capstones or seminars and upper-division or graduate-level courses with focus on contemporary issues in the discipline.

During a career lasting nearly half a century, Meister Frantz Schmidt (1554-1634) personally put to death 392 individuals and tortured, flogged, or disfigured hundreds more. The remarkable number of victims, as well as the officially sanctioned context in which they suffered at Schmidt's hands, was the story of Joel Harrington's much-discussed book The Faithful Executioner. The foundation of that celebrated work was Schmidt`s own journal--notable not only for the shocking story it told but, in an age when people rarely kept diaries, for its mere existence. Available now in Harrington's new translation, this fascinating document provides the modern reader with a rare firsthand perspective on the thoughts and experiences of an executioner who routinely carried out acts of state brutality yet remained a revered member of the local community and was widely respected for his piety, steadfastness, and popular healing. Based on a long-lost manuscript thought to be the most faithful to the original journal, this modern English translation is fully annotated and includes an introduction providing historical context as well as a biographical portrait of Schmidt himself. The executioner appears to us not as the frightening brute we might expect but as a surprisingly thoughtful, complex person with a unique voice, and in these pages his world emerges as vivid and unforgettable.

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.

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.

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.

In this enlightening study, Ian Cummins traces changing attitudes to penal and welfare systems. From Margaret Thatcher's first cabinet, to austerity politics via New Labour, the book reveals the ideological shifts that have led successive governments to reinforce their penal powers. It shows how 'tough on crime' messages have spread to other areas of social policy, fostering the neoliberal political economy, encouraging hostile approaches to the social state and creating stigma for those living in poverty. This is an important addition to the debate around the complex and interconnected issues of welfare and punishment.

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

In Renaissance Italy a good execution was both public and peaceful - at least in the eyes of authorities. In a feature unique to Italy, the people who prepared a condemned man or woman spiritually and psychologically for execution were not priests or friars, but laymen. This volume includes some of the songs, stories, poems, and images that they used, together with first-person accounts and ballads describing particular executions. Leading scholars expand on these accounts with articles explaining particular aspects of the theatre, psychology, and politics of execution. The main text is a manual, translated in English for the first time, on how to comfort a man in his last hours before beheading or hanging. It became an influential text used across Renaissance Italy.A second lengthy piece gives an eyewitness account of the final hours of two patrician Florentines executed for conspiracy against the Medici in 1512. Shorter pieces include poems written by prisoners on the eve of their execution, songs sung by the condemned and their comforters, and popular broadsheets reporting on particular executions. It is richly illustrated with the small panel paintings that were thrust into prisoners' faces to distract them as they made the public journey to the gallows.Six interdisciplinary essays explain the contexts and meanings of these writings and of execution rituals generally. They explore the relation of execution rituals to late medieval street theater, the use of art to comfort the condemned, the literature that issued from prisons by the hands of condemned prisoners, the theological issues around public executions in the Renaissance, the psychological dimensions of the comforting process, and some of the social, political, and historical dimensions of executions and comforting in Renaissance Italy.

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 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.

The death penalty remains one of the most controversial issues in the United States. Its proponents claim many things in their defense of its continued application. For example, they claim that it deters crime, that death by lethal injection is painless and humane, that it is racially neutral, and that it provides "closure" to families of the victims. In this comprehensive review of the major death penalty issues, the authors systematically dismantle each one of these myths about capital punishment in a hard-hitting critique of how our social, political, and community leaders have used fear and myth (symbolic politics) to misrepresent the death penalty as a public policy issue. They successfully demonstrate how our political and community leaders have used myth and emotional appeals to misrepresent the facts about capital executions. Successive chapters address the following topics: the notion of community bonding, the expectation of effective crime fighting, the desire for equal justice, deterrence, the hope for fidelity to the Constitution, the claim of error-free justice, closure, retribution, cost-effectiveness, and the messianic desires of some politicians. In each of these areas the authors quote from death penalty advocates making these claims and then proceed to analyze and ultimately dismember the claimed advantages of the death penalty.

State responses to feminicide in Latin America, characterised in many cases by indifference and incompetence, have caused global concern. This book provides a new and refreshingly positive story from the region by tracing the transformation of state responses to feminicide in Brazil. It is the first single country study to examine in detail how strategic action by the women's movement has resulted in significant improvements in the investigation, prosecution and prevention of domestic violence and feminicide. Fiona Macaulay showcases the main contributory factors to the development of criminal justice best-practices around feminicide. She demonstrates the combined impact of regional efforts, local women's movement mobilisation, changes in the law and its application, and the action of policy entrepreneurs within the criminal justice institutions. Drawing on her knowledge of pioneering coalitions of interest involving feminist academics, NGOs, local campaigners, bureaucrats, politicians, police and prosecutors, the author unveils how these actors were able to identify, create and use institutional spaces to ensure long-lasting positive change. This book is a must-read for activists and researchers interested in practical strategies for improving criminal justice responses to gender-based violence, gender-aware police reform, comparative and feminist criminology, and the social and institutional dynamics of violence in Latin America.

View the Table of Contents. Read the Introduction.

"This work will take its place among the growing corpus of important studies that examine patriarchy and society's need to punish its criminals in ways it paradoxically deemed more enlightened and humanitarian than in times past. Kahn uses substantial primary and secondary material. . . . Recommended."
--"Choice"

aMark E. Kann has written a fascinating, thought-provoking, and timely political-historical study of penal thought and practice in the formative years of the United States.a
--American Historical Review

Punishment, Prisons, and Patriarchy tells the story of how first-generation Americans coupled their legacy of liberty with a penal philosophy that promoted patriarchy, especially for marginal Americans.

American patriots fought a revolution in the name of liberty. Their victory celebrations barely ended before leaders expressed fears that immigrants, African Americans, women, and the lower classes were prone to vice, disorder, and crime.This spurred a generation of penal reformers to promote successfully the most systematic institution ever devised for stripping people of liberty: the penitentiary.

Today, Americans laud liberty but few citizens contest the legitimacy of federal, state, and local government authority to incarcerate 2 million people and subject another 4.7 million probationers and parolees to scrutiny, surveillance, and supervision. How did classical liberalism aid in the development of such expansive penal practices in the wake of the War of Independence?