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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
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.
This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
While evidence-based policy is an emerging rhetoric of the desire by and for governments to develop policies based on the best available evidence, drug policy is an area where particular challenges abound. This book is a detailed and comprehensive examination of the contours of drug policy development through the consideration of the particular roles of science, media, and interest groups. Using Belgium as the primary case-study, supplemented by insights gathered from other countries, the author contributes to a richer understanding of the science-policy nexus in the messy, real-world complexities of drug policy. Change or Continuity in Drug Policy: The Roles of Science, Media, and Interest Groups is the first book to bring together policy and media theories, knowledge utilisation models, and public scholarship literature. As such, the book provides unique insights relevant to aspects of change or continuity in drug policies in Europe and beyond. This book will be of great value to undergraduate and graduate students, as well as to academics, practitioners and policymakers with interest in the science-policy nexus with a particular focus on the drug policy domain.
Although the negative consequences of rising incarceration rates have been well-established, criminological research has largely neglected to document psychological, social, and behavioral changes that occur during periods of incarceration. Drawing on an original longitudinal study of long-term French prisoners, this book examines the process of desistance from crime and positive growth in prison. It offers reflections on how personal transformation can be achieved in prison, particularly among individuals serving long prison sentences. This research investigates the barriers to achieving positive growth in prison, as well as the different ways in which transformation can occur behind bars. It also conceptualizes the process of abandoning crime in prison, and sheds light on the cognitive, social, and structural factors that may trigger, accelerate, or hamper this process. This book explores the circumstances under which individuals can thrive in prison, and identifies key features of the narratives of prisoners who have achieved positive growth. The research presented in this book also examines the intricacies of returning to society after a lengthy period of time in prison. Written in a clear and accessible style, this book will be invaluable reading for those engaged in studies of criminology and criminal justice, sociology, criminal behavior, prisons, and penology. It is also aimed at a variety of audiences, including academics, practitioners, policy-makers, and prisoners.
In late summer 2015, Sweden embarked on one of the largest self-described humanitarian efforts in its history, opening its borders to 163,000 asylum seekers fleeing the war in Syria. Six months later this massive effort was over. On January 4, 2016, Sweden closed its border with Denmark. This closure makes a startling reversal of Sweden's open borders to refugees and contravenes free movement in the Schengen Area, a founding principle of the European Union. What happened? This book sets out to explain this reversal. In her new and compelling book, Vanessa Barker explores the Swedish case study to challenge several key paradigms for understanding penal order in the twenty-first century and makes an important contribution to our understanding of punishment and welfare states. She questions the dominance of neoliberalism and political economy as the main explanation for the penalization of others, migrants and foreign nationals, and develops an alternative theoretical framework based on the internal logic of the welfare state and democratic theory about citizenship, incorporation, and difference, paying particular attention to questions of belonging, worthiness, and ethnic and gender hierarchies. Her book develops the concept of penal nationalism as an important form of penal power in the twenty-first century, providing a bridge between border control and punishment studies.
From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada's racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
Thinking about Punishment pulls together the key writings by Michael Tonry on penal policy trends in western countries, racial and ethnic disparities, and sentencing policies, practices, and theories. Recent research in the past few decades shows that these topics are inextricably interrelated. Tonry argues that the distinct historical and cultural characteristics of a country offer the best explanation of national patterns of punishment at any one time, and over time. More general theories and models fall apart when applied to individual national experiences. In the United States, the key factors explaining both penal policy trends and sentencing patterns and policies include historical patterns of race relations, obsolete constitutional arrangements, moral attitudes related to the continental expansion of the United States and the country's fundamentalist Protestant religious origins. Comparable - but different - characteristics explain other countries' experiences. This excellent collection of Michael Tonry's work is essential reading for anyone interested in penal policy and criminal justice.
This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Is the Death Penalty Dying?." Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume provides a comprehensive assessment of the status of the death penalty in the United States, its past, and its trajectory for the future. Taken together, the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines.This is a special issue examining the death penalty in the US. It draws together an array of distinguished scholars from political science, criminology, sociology, and law.
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the 'meaninglessness' of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Bridget Donnelly. Charlotte Reveille. Kate Slattery. Emily Boyle. Until now, these were nothing but names marked down in the admittance registers and punishment reports of Kingston Penitentiary, Canada's most notorious prison. In this shocking and heartbreaking book, Ted McCoy tells these women's stories of incarceration and resistance in poignant detail. The four women served sentences at different times over a century, but the inhumanity they suffered was consistent. Locked away in dark basement wards, they experienced starvation and corporal punishment, sexual abuse and neglect - profoundly disturbing evidence of the hidden costs of isolation, punishment, and mass incarceration.
Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.
Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America's Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.
Women continue to be one of the fastest growing groups of offenders with an increasing group of women involved in the criminal justice system around the world. Whilst internationally women comprise a low percentage of the total prison population, there is an escalating use of custody inextricably linked to the high levels of personal and social needs of women involved in the justice system. This book presents original research undertaken with Corrections Victoria, Australia, which examines the effectiveness of services and programmes women access in prison and after release, and the impact of this on successful reintegration into the community and on other trends such as reoffending. Victoria's Department of Justice introduced the Better Pathways strategy in response to a growing number of women entering the Victorian corrections system, and the concerning extent to which prison is used for women with inadequate accommodation and complex treatment and support needs. The strategy was developed to address the causes of women's offending and to try and help break the cycle of women's reoffending, by funding more holistic initiatives to support women in their transition to life after prison. It is well acknowledged that pathways into offending by women can also be the factors that most affect their reintegration. The research outlined in this book presents data about individual women's pathways through the programmes offered as part of the Better Pathways strategy and the views of the women themselves about the effectiveness of these programmes. Negligible research attention has been paid to what services and programmes are effective for women after prison. This book addresses this gap and provides a cohesive presentation of the key issues salient to the needs of women offenders.
This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault's work to criminology and law. Mariana Valverde clearly explains the insights that Foucault's rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.
Sex offenders remain the most hated group of offenders, subject to a myriad of regulations and punishments beyond imprisonment, including sex offender registries, chemical and surgical castration, and global positioning electronic monitoring systems. While aspects of their experiences of imprisonment are documented, less is known about how sex offenders experience prison and community corrections spaces - and the implications of their status on their treatment and safety in such environments. Violence, Sex Offenders, and Corrections critically assesses what is meant by the term 'sex offender', and acknowledges that such meanings are socially constructed, situated, and contingent. The book explores the person, crime, penal space, sexual orientation, legislation, and the community experiences of labelled sex offenders as well as the experiences of correctional officers working with said custodial populations. Ricciardelli and Spencer use conceptions of gender and embodiment to analyze how sex offenders are constituted as objects of fear and disgust and as deserving subjects of abjection and violence.
This book compiles research on female crime and delinquency in Portugal in order to critically and reflectively explore interdisciplinary views on the link between gender, crime and delinquency. Contributions are organized into two main parts, with Part I dedicated to the relationship between women and crime, and Part II focused on female juvenile delinquency. Through the exploration of girls' and women's relationships with delinquency and crime, as well as with the justice system, this original and compelling collection highlights the heterogeneity of girls' and women's experiences, whilst also underlining the convergences and divergences between them. Ultimately, Gomes and Duarte argue that understanding how women and girls explain their offending behaviours and how they relate to the criminal justice system is of the utmost importance for reforming social and legal policies. As such, this book will be of value not only for students, researchers and professionals of the social, behavioural and criminal sciences, but also for policy-makers seeking to provide greater efficiency in preventing crime and delinquency.
Eugenia Ginzburg, a model communist, was a teacher & journalist. This first volume of her autobiography gives an account of how in 1937 she was expelled from the Party and arrested, having been accused of being part of a secret terrorist organization.
At the age of 18, Mansoor Adayfi left his home in Yemen for a cultural mission to Afghanistan. He never returned. Kidnapped by warlords and then sold to the US after 9/11, he was disappeared to Gauntanamo Bay, where he spent the next 15 years as Detainee #441. In the vein of Ishmael Beah's A Long Way Gone, Don't Forget Us Here tells two coming-of-age stories in parallel: a makeshift island outpost becoming the world's most notorious prison and an innocent young man emerging from its darkness. Arriving as a stubborn teenager, Mansoor survived the camp's infamous interrogation program and became a feared and hardened resistance fighter leading prison riots and hunger strikes. With time though, he grew into the man prisoners nicknamed "Smiley Troublemaker": a student, writer, historian, and dedicated pop culture fan. With unexpected warmth and empathy, he unwinds a narrative of fighting for hope and survival in unimaginable circumstances, illuminating the limitlessness of the human spirit. And through his own story as well as those who were there with him--detainees and guards--Mansoor also tells Gauntanamo's story, offering an unprecedented window into one of the most secretive places on earth. Putting a human face on the Gauntanamo we know from the news, as well as showing the side we never see--the art, the community, the joyful reclamation of stolen humanity--this book reconstructs the camp's history in human terms, bearing witness to the lives lost and destroyed there. Twenty years later, Gauntanamo remains open. At a moment of due reckoning, Mansoor helps us understand what actually happened there--both the horror and the beauty--offering a vital chronicle of an experience we cannot afford to forget.
First published in 1990, The Politics of Redress is a product of and commentary on significant developments in critical criminology. It shifts the emphasis from the criminologist as a police agent to a fighter for social justice. The author focuses on the role of punishment in society, in general, and in criminology, in particular, urging the reader to reimagine the concept of punishment, especially penal punishment. The arguments addressed in this book range from a comparative analysis of penal policies in various countries to philosophical debates about whether punishment is compatible with a just social order. With the Black Lives Matter movement, the topic of prison abolition has, once again, gripped society's conscience making this text a vital read for students of law, criminology, sociology, philosophy, and history.
The Law Officer's Pocket Manual is a handy, pocket-sized, spiral-bound manual that highlights basic legal rules for quick reference and offers examples showing how those rules are applied. The manual provides concise guidance based on U.S. Supreme Court rulings on constitutional law issues and other legal developments, covering arrest, search, surveillance, and other routine as well as sensitive areas of law enforcement. It includes more than 100 examples drawn from leading cases to provide guidance on how to act in a wide variety of situations. The 2023 edition is completely updated to reflect recent court decisions. This book helps you keep track of everything in a readable and easy-to-carry format. Routledge offers tiered discounts on bulk orders of 5 or more copies: For more information, please visit: https://www.routledge.com/collections/16268
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Topical discussion of how social bureaucracies are increasingly used as a means to control immigration and mobility
Despite great effort and some improvements, criminal justice today still seems like an oxymoron. There are some very good reasons for this feeling: catastrophic failures abound and marginal improvements appear revolutionary. This book addresses the idea of justice in order to guide society toward a more effective justice system. Specifically, the authors argue that justice and love are one and the same thing. They trace impoverished and accomplished thinking in criminological and justice discourses and show that the historic ills that have plagued humanity tend to evaporate when justice and love are understood to be synonyms.
Indigenous communities are typically those that challenge the laws of the nation states of which they have become-often very reluctantly-a part. Around the world, community policing has emerged in many of these regions as a product of their physical environments and cultures. Through a series of case studies, Community Policing in Indigenous Communities explores how these often deeply divided societies operate under the community policing paradigm. Drawing on the local expertise of policing practitioners and researchers across the globe, the book explores several themes with regard to each region: How community policing originated or evolved in the community and how it has changed over time The type of policing style used-whether informal or formal and uniformed or non-uniformed, whether partnerships are developed with local community organizations or businesses, and the extent of covert operations, if any The role played by community policing in the region, including the relative emphasis of calls for service, the extent to which advice and help is offered to citizens, whether local records are kept of citizen movement and locations, and investigation and arrest procedures The community's special cultural or indigenous attributes that set it apart from other models of community policing Organizational attributes, including status in the "hierarchy of control" within the regional or national organization of policing The positive and negative features of community policing as it is practiced in the community Its effectiveness in reducing and or preventing crime and disorder The book demonstrates that community policing cannot be imposed from above without grassroots input from local citizens. It is a strategy-not simply for policing with consent-but for policing in contexts where there is often little, if any, consent. It is an aspirational practice aimed to help police and communities within contested contexts to recognize that positive gains can be made, enabling communities to live in relative safety. |
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