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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
This updated tenth edition covers all aspects of prisoners' rights, including an overview of the judicial system and constitutional law and explanation of specific constitutional issues regarding correctional populations. It also discusses the federal statutes that affect correctional administration and inmates' rights to bring litigation. Accessible and reader-friendly, it provides a practical understanding of how constitutional law affects the day-to-day issues of prisons, jails, and community corrections programs. The tenth edition includes a thorough update of relevant case law, and new chapters are included that deliver the latest developments on Search, Seizure, and Privacy, Juveniles and Youthful Offenders, and the Death Penalty. Part II contains the Supreme Court syllabi for the significant Court cases relating to the concepts covered. This updated edition is appropriate as a primary text for undergraduate or graduate-level correctional law and prisoner rights courses within Criminal Justice, Criminology, and Sociology departments. It is also an invaluable reference tool for law students and correctional agencies.
The authors of the chapters included in this volume provide preliminary answers to questions such as: How extensive were COVID-19 outbreaks in prisons, jails, and community corrections systems globally? Which regions and countries reported the largest outbreaks? Why were prisons and jails found to be "hot spots" for the spread of COVID-19 in most countries? How did governments initially respond to COVID-19 outbreaks in their corrections systems? Did the mitigation strategies used in each country reduce the spread of the infection in the corrections system (both in prisons and jails, and in community corrections)? Did the corrections-focused mitigation strategies used in each country have a positive or an adverse impact on public health and public safety? How likely is it that the varied short-term mitigation strategies implemented by governments will result in long-term changes in corrections policies and practices? The book includes three chapters examining the global impact of the COVID-19 outbreaks, six regional overviews, and 27 country-specific reviews, including reviews targeting 21 of the 50 largest prison systems globally. This collection will be an excellent resource for researchers, policymakers, practitioners, and the general public interested in knowing more about the nature and extent of COVID-19 outbreaks in corrections systems globally, and about the diversity of responses developed and implemented by governments from each global region. The chapters in this book were originally published as a special issue of the journal Victims & Offenders.
Evidence-Based Practice (EBP) has over the last decade made an increasing mark in several fields, notably health and medicine, education and social welfare. In recent years it has begun to make its mark in criminal justice. As engagement with EBP has spread, it has begun to evolve from what might be regarded as a somewhat narrow doctrine and orthodoxy to something more complex and various. Often criminological research has been at odds with the assumptions, conventions and methodologies associated with first generation EBP. In that context EBP poses a challenge to the research community and existing evidence base and is, accordingly, hotly controversial. This book is a welcome and timely contribution to current debates on evidence-based practice in policing. With a sharp conceptual focus, the chapters provide a critical examination of the recent history of EBP in academic, policy and practitioner communities, evaluate key dimensions of its application to policing, challenge established understandings and pave the way for a much needed change in how research 'evidence' is perceived, generated, transferred, implemented and evaluated.
Reflections on Life in Ghettos, Camps and Prisons explores the relationship between ghettos, camps, places of detention and prisons with a focus on those people who are confined, encamped, imprisoned, detained, stuck, or forcibly removed through the lens of 'stuckness'. From a point of departure in anthropology, with important contributions from criminology, geography and philosophy, the chapters explore how life is lived in and across these sites of confinement by focusing on the tactics of everyday life, while being mindful of how forms of abjection are constitutive elements of these sites. Stuckness, from this inter-disciplinary perspective, is not simply a function of the spatial form it takes; we need to understand how temporality animates stuckness as an important dimension of confinement. Death, the ultimate temporal boundary, emerges as particularly significant in this regard. With case studies from Palestine, Sierra Leone, South Africa, Northern Australia, Rwanda, Ivory Coast and Nicaragua, the contributors focus on the empirical question of how structures of stuckness, confinement and forced mobility impact on the possibilities of 'making life'. Suggesting new ways of thinking about how temporality and spatiality intersect and overlap in the lives of people struggling to manage conditions of stuckness, Reflections on Life in Ghettos, Camps and Prisons will be of great interest to scholars of anthropology, geography, criminology and philosophy. The chapters in this book originally published as a special issue of Ethnos.
This book offers a systematic exploration of the changing politics around immigration and the impact of resultant policy regimes on immigrant communities. It does so across a uniquely wide range of policy areas: immigration admissions, citizenship, internal immigration controls, labour market regulation, the welfare state and the criminal justice system. Challenging the current state of theoretical literature on the 'criminalisation' or 'marginalisation' of immigrants, this book examines the ways in which immigrants are treated differently in different national contexts, as well as the institutional factors driving this variation. To this end, it offers data on overall trends across 20 high-income countries, as well as more detailed case studies on the UK, Australia, the USA, Germany, Italy and Sweden. At the same time, it charts an emerging common regime of exploitation, which threatens the depiction of some countries as more inclusionary than others. The politicisation of immigration has intensified the challenge for policy-makers, who today must respond to populist calls for restrictive immigration policy whilst simultaneously heeding business groups' calls for cheap labour and respecting legal obligations that require more liberal and welcoming policy regimes. The resultant policy regimes often have counterproductive effects, in many cases marginalising immigrant communities and contributing to the growth of underground and criminal economies. Finally, developments on the horizon, driven by technological progress, threaten to intensify distributional challenges. While these will make the politics around immigration even more fraught in coming decades, the real issue is not immigration but the loss of good jobs, which will have serious implications across all Western countries. This book will appeal to scholars and students of criminology, social policy, political economy, political sociology, the sociology of immigration and race, and migration studies.
State Violence, Torture, and Political Prisoners discusses the activities of Amnesty International during the period of Brazil's dictatorship (1964-1985). During the dictatorship, Amnesty assisted political prisoners who were submitted to torture and helped to publicise charges of torture against agents of the military regime's repressive apparatus. Through a specific examination of Amnesty's work with Brazilian political prisoners, this book explores how Amnesty adapted its organisational principles - such as non-violence and the focus on individual cases - during this time. In 1967 Amnesty experienced a severe internal crisis which prompted the organisation to make structural changes. These changes enabled it to expand its activities beyond Europe to Latin America, including Brazil. This book examines one of Amnesty International's first major campaigns against torture and the impact this had on the organisation's development of a new agenda. Bringing a critical and historical perspective on Amnesty's work, the book contributes to the debate on the role of human rights organisations in addressing human rights abuses worldwide. It makes a significant contribution to international research on state crime, human rights, and torture.
Rectifying the fact that little criminological attention has been paid to the notion that the security of flows increasingly embodies concerns at the heart of contemporary policing practices, this book makes a significant contribution to knowledge about the policing and security governance of flows. The book focuses on how the growing centrality of flows affects both contemporary 'risks' and the policing organisations in charge of managing them. The contributors analyse flows such as event security; border controls and migration; the movement of animal parts; security-related intelligence; and organisational flows. The emerging criminology of these, as well as flows of money, information and numerous commodities, from pharmaceuticals to minerals or malicious software, is leading to critical advances in the understanding of the changing harm landscapes and the practices that have developed to manage them. Taken as a whole, the book opens up the conversation, and encourages the invention of new conceptual, theoretical and methodological tools to help criminology tackle and better understand the mobile world in which we live. This book was originally published as a special issue of Global Crime.
Available Open Access under CC-BY-NC licence Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate. Featuring policy analysis, courtroom observations and practitioners' voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation. This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond.
This second edition textbook focuses on the duties of juvenile justice administrators, featuring more illustrations, examples of programs, and interviews of juvenile justice administrators. The edition is updated to address critical issues in the field, including: Recruitment Training and retention of juvenile justice personnel Reducing violence Providing security for youth housed in juvenile correctional facilities Diversion programs Viable community corrections programs Mass media and the community as it relates to juvenile justice administrators Divided into five distinct sections, this book is ideal for graduate students, researchers, and practitioners studying or working with young offenders or juvenile justice administration.
This book critically explores the intersections between male rape, masculinities, and sexualities. It examines the ways in which male rape is policed, responded to, and addressed by state and voluntary agencies in Britain. The book uncovers how notions of gender, sexualities and masculinities shape these agencies' understanding of male rape and their views of men as victims of rape. Javaid pays particular attention to the police and deconstructs police subculture to consider whether it influences and shapes the ways in which police officers provide services for male rape victims. Grounded in qualitative interviews and data derived from the state and voluntary sector, this book will be invaluable reading for sociologists, criminologists, and social scientists who are keen to learn more about gender, policing, sexual violence and male sexual victimisation.
Global Convict Labour offers a global history of convict labour across many of the regimes of punishment that have appeared from Antiquity to the present, including transportation, prisons, workhouses and labour camps. The editors' essay surveys the available literature, and sets the theoretical basis to approach the issue. The fifteen chapters explore the genealogies of convict labour and its relationships with coloniality and governmentality. The volume re-establishes convict labour firmly within labour history, as one of the entangled, multiple labour relations that have punctuated human history. Similarly, it places convictism back within migration history at large, bridging the gap between the growing literature on convict transportation and research on slavery and other forms of free and bonded migration. Contributors are: Carlos Aguirre, David Arnold, Marc Buggeln, Timothy Coates, Christian G. De Vito, Mary Gibson, Miriam J. Groen-Vallinga, Stacey Hynd, Padraic Kenney, Alex Lichtenstein, Hamish Maxwell-Stewart, Alice Rio, Ricardo D. Salvatore, Jean-Lucien Sanchez, Pieter Spierenburg, Stephan Steiner, Laurens E. Tacoma, Heather Ann Thompson, Lynne Viola.
Those convicted of homicide were hanged on the public gallows before being dissected under the Murder Act in Georgian England. Yet, from 1752, whether criminals actually died on the hanging tree or in the dissection room remained a medical mystery in early modern society. Dissecting the Criminal Corpse takes issue with the historical cliche of corpses dangling from the hangman's rope in crime studies. Some convicted murderers did survive execution in early modern England. Establishing medical death in the heart-lungs-brain was a physical enigma. Criminals had large bull-necks, strong willpowers, and hearty survival instincts. Extreme hypothermia often disguised coma in a prisoner hanged in the winter cold. The youngest and fittest were capable of reviving on the dissection table. Many died under the lancet. Capital legislation disguised a complex medical choreography that surgeons staged. They broke the Hippocratic Oath by executing the Dangerous Dead across England from 1752 until 1832. This book is open access under a CC-BY license.
This volume focuses on teaching Classics in carceral contexts in the US and offers an overview of the range of incarcerated adults, their circumstances, and the ways in which they are approaching and reinterpreting Greek and Roman texts. Classics and Prison Education in the US examines how different incarcerated adults - male, female, or gender non-conforming; young or old; serving long sentences or about to be released - are reading and discussing Classical texts, and what this may entail. Moreover, it provides a sophisticated examination of the best pedagogical practices for teaching in a prison setting and for preparing returning citizens, as well as a considered discussion of the possible dangers of engaging in such teaching - whether because of the potential complicity with the carceral state, or because of the historical position of Classics in elitist education. This edited volume will be a resource for those interested in Classics pedagogy, as well as the role that Classics can play in different areas of society and education, and the impact it can have.
Prisons are everywhere. Yet they are not everywhere alike. How can we explain the differences in cross-national uses of incarceration? The Politics of Punishment explores this question by undertaking a comparative sociological analysis of penal politics and imprisonment in Ireland and Scotland. Using archives and oral history, this book shows that divergences in the uses of imprisonment result from the distinctive features of a nation's political culture: the different political ideas, cultural values and social anxieties that shape prison policymaking. Political culture thus connects large-scale social phenomena to actual carceral outcomes, illuminating the forces that support and perpetuate cross-national penal differences. The work therefore offers a new framework for the comparative study of penality. This is also an important work of sociology and history. By closely tracking how and why the politics of punishment evolved and adapted over time, we also yield rich and compelling new accounts of both Irish and Scottish penal cultures from 1970 to the 1990s. The Politics of Punishment will be essential reading for students and academics interested in the sociology of punishment, comparative penology, criminology, penal policymaking, law and social history.
This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.
Theories and practices of justice do not meet the socio-political challenges of our times. For those theorists attempting to develop an alternative to the criminal justice system, restorative justice has provided an alternative horizon. The restorative justice approach involves meeting people, understanding and recognising their vulnerability through participatory and deliberative forums and practices. The aim of this collection is to bridge the distance between restorative justice and the critical theory tradition. It, on the one hand, takes into account the limits of restorative justice as they have been articulated, or can be articulated through critical social theory, and on the other hand emphasises the ground-breaking potential that restorative justice can bring to this tradition as a way to address crimes, conflicts and injustices, and to pursue justice.
Discussion of the histories, meanings, and assumptions of restorative justice have enriched the development of its theory, research, and practices. While some of this work has addressed the role of communication, the treatment of communication within restorative justice remains rather under-developed. Communication plays a central role in processes of restoration and justice and a constitutive role in making restorative justice what it is. In Creating Restorative Justice: A Communication Perspective of Justice, Restoration, and Community, Gregory D. Paul and Ian M. Borton argue that by centering communication in restorative justice as it occurs in various contexts (from families, to schools, to communities), we can simultaneously deepen our understanding, enrich our practice, and amplify our study of restoration and justice. From a communication perspective, restorative contexts both use and are created by the communication present. Any outcomes from restorative processes are thus the product of the communication both within and between restorative practices' participants. As the world addresses the challenges presented by injustice, inequality, and insecurity, it is incumbent we expand our understanding of restorative processes to account for the vital role of communication.
Bringing together an international group of authors, this book addresses the important issues lying at the intersection between urban space, on the one hand, and incivilities and urban harm, on the other. Progressive urbanisation not only influences people's living conditions, their well-being and health but may also generate social conflict and consequently fuel disorder and crime. Rooted in interdisciplinary scholarship, this book considers a range of urban issues, focussing specifically on their sensory, emotive, power and structural dimensions. The visual, audio and olfactory components that offend or harm are inspected, including how urban social control agencies respond to violations of imposed sensory regimes. Emotive dimensions examined include the consideration of people emotions and sensibilities in the perception of incivilities, in the shaping of social control to deviant phenomena, and their role in activating or suppressing people's resistance towards otherwise harmful everyday practices. Power and structural dimensions examine the agents who decide and define what anti-social and harmful is and the wider socio-economic and cultural setting in which urbanites and social control agents operate. Connecting with sensory and affective turns in other disciplines, the book offers an original, distinctive and nuanced approach to understanding the harms, disorder and social control in the city. An accessible and compelling read, this book will appeal to those engaged with criminology, sociology, human geography, psychology, urban studies, socio-legal studies and all those interested in the relationship between urban space and urban harm.
Crime and Punishment in the Future Internet is an examination of the development and impact of digital frontier technologies (DFTs) such as Artificial Intelligence, the Internet of things, autonomous mobile robots, and blockchain on offending, crime control, the criminal justice system, and the discipline of criminology. It poses criminological, legal, ethical, and policy questions linked to such development and anticipates the impact of DFTs on crime and offending. It forestalls their wide-ranging consequences, including the proliferation of new types of vulnerability, policing and other mechanisms of social control, and the threat of pervasive and intrusive surveillance. Two key concerns lie at the heart of this volume. First, the book investigates the origins and development of emerging DFTs and their interactions with criminal behaviour, crime prevention, victimisation, and crime control. It also investigates the future advances and likely impact of such processes on a range of social actors: citizens, non-citizens, offenders, victims of crime, judiciary and law enforcement, media, NGOs. This book does not adopt technological determinism that suggests technology alone drives social development. Yet, while it is impossible to know where the emerging technologies are taking us, there is no doubt that DFTs will shape the way we engage with and experience criminal behaviour in the twenty-first century. As such, this book starts the conversation about a range of essential topics that this expansion brings to social sciences, and begins to decipher challenges we will be facing in the future. An accessible and compelling read, this book will appeal to those engaged with criminology, sociology, politics, policymaking, and all those interested in the impact of DFTs on the criminal justice system.
This book offers an ethnographic study of the lives of girls in the juvenile justice system. Based on rich, narrative accounts, the girls at the center of the study are viewed as confronted with the power of simultaneous race, class, and gender hierarchies. Through this framework, we see how the girls navigate this challenge by seeking status in their everyday lives: in their families; juvenile justice institutions; and neighborhood organizations, including gangs. Through analyzing the ways that the girls strive for higher social status, this book provokes debate about how policies and programs may be creatively rethought to incorporate this pursuit. Girls and Juvenile Justice offers a glimpse into the hearts, minds, and souls of adolescent girls. It will be of great interest for scholars of criminal justice, sociology, women's studies, and social-psychology.
Spirituality in Dark Places explores the spiritual consequences and ethics of modern solitary confinement. Jeffreys emphasizes how solitary confinement damages our spiritual lives, focusing particularly on how it destroys our relationship to time and undermines our creativity. Solitary inmates experience profound temporal dislocation that erodes their personal identities. They are often isolated from music, art, and books, or find their creativity tightly controlled. Informed by experiences with inmates, chaplains, and employees in the Wisconsin Department of Corrections, Jeffreys also evaluates the ethics of solitary confinement, considering but ultimately rejecting the argument that punitive isolation justifiably expresses moral outrage at heinous crimes. Finally, Jeffreys proposes changes in solitary confinement in order to mitigate its profound damage to both prisoners and human dignity at large.
The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.
In recent times the question of private sector involvement in public affairs has become framed in altogether new terms. Across Europe, there has been a growth in various forms of public-private cooperation in building and maintaining (new) penal institutions and an increasing presence of private companies offering security services within penal institutions as well as delivering security goods such as electronic monitoring and other equipment to penal authorities. Such developments are part of a wider trend towards privatising and marketising security. Bringing together key scholars in criminology and penology from across Europe and beyond, this book maps and describes trends of privatising punishment throughout Europe, paying attention both to prisons and community sanctions. In doing so, it initiates a continent-wide dialogue among academics and key public and private actors on the future of privatisation in Europe. Debates on the privatisation of punishment in Europe are still underdeveloped and this book plays a pioneering and agenda-setting role in developing this dialogue. |
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