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"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?

A useful research resource and handy reference, this book discusses the many important ethical and legal issues that arise in the delivery of health care to prisoners at correctional facilities. It references national standards of professional practice as well as the advice of recognized experts. The mission of corrections is the care and custody of prisoners with a view to public safety within a place dedicated to punishment, while the mission of the medical and mental health professionals in a corrections facility is to care for the health and well-being of the prisoners. Both have a duty to provide care, but their differing roles and objectives give rise to ethical role conflict and disagreement regarding appropriate care strategies. Humane Health Care for Prisoners considers important ethical and legal issues that arise in the delivery of health care to prisoners, covering topics such as privacy, confidentiality, informed consent, extended isolation and solitary confinement, use of mace, strip searches and body cavity searches, and medical experimentation on prisoners as human subjects. It also considers participation by health care professionals in capital punishment, coerced substance abuse treatment, how much health care to provide, organizational structure and hierarchy, cooperation between correctional and health care staff, and the importance of recognizing mental illness as a chronic condition. This book is informative for professionals working in corrections facilities, such as physicians, psychiatrists, psychologists, nurses, wardens, jail administrators, sheriffs, and corrections officials, as well as legislators and decision makers, attorneys involved in correctional healthcare lawsuits, students of criminal justice, and those seeking to work in the field of correctional health care or in corrections. Additionally, students and professors of medical ethics will find this book helpful in illustrating real-life topics for research and discussion. Clearly lays out the ethical issues in role conflicts or difficult policy questions in correctional health care management Makes the argument that while correctional and medical care professionals have their own goals, policies, and practices in the correctional environment, a willingness to accommodate the key principles and needs of the other party benefits both disciplines Investigates the central theme of what is right and what is wrong, by using ethical principles, court decisions, and accepted national standards as a guide Provides an index designed to facilitate the book's use as a quick and ready reference

This riveting memoir tells of the fate of a Soviet dissident, Alexander Shatravka, who tried to escape from the Soviet Union in the 1974, only to be caught and returned to twelve years of imprisonment in Soviet psychiatric hospitals and labor camps. Released in 1986, just in time for the momentous changes of glasnost and perestroika, Shatravka eventually made his way to the West. Saturated with tales and memoirs from the other side of the Iron Curtain, Shatravka's memoir of his escape, which he wrote for underground circulation, languished in obscurity and archives - until now. In a stunning translation from the original Russian by Shatravka's ex-wife Catherine Fitzpatrick, his story of dashed hopes and ultimate fulfillment is as fresh as ever. With the ranks of the once-vibrant Soviet dissident movement depleted by death and old age, we find each account valuable in a world where Soviet crimes against humanity never had their Nuremberg, and where the perpetrators were never brought to justice. With the return of the abuse of psychiatry under Russian President Vladimir Putin's regime, Shatravka's tale is a timely warning about threats to freedoms so dear and yet so fragile. Shatravka's account also contributes a rare and invaluable look at Soviet provincial life, often overlooked in a field of literature dominated by urban elite dissidents, and captures the hopes and dreams of scores of ordinary people caught in the net of oppression.

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.

Immigration, Crime, and the Administration of Justice: Contemporary Readings provides students with a concise, scholarly overview of contemporary immigration issues related to policy, policing, and corrections. The carefully selected readings in this volume provide students with insight into the lived experiences of immigrants in America. The anthology is divided into three distinct units that address issues surrounding how immigration is viewed through the lens of criminal justice statistics, policy, and crime. Unit 1 consists of three empirical studies that explore the perceptions and realities of the relationship between crime and immigration. In Unit 2, readings outline both macro- and micro-level immigration policies and how they intersect with criminal justice. The final section addresses the future of immigration and crime, including readings that explore immigration and civil rights, the politics of belonging, and the future of U.S. immigration policy. Introductions and post-reading questions encourage critical thought and greater engagement with the material. Immigration, Crime, and the Administration of Justice is an ideal supplementary resource for undergraduate and graduate-level courses in criminal justice and administration of justice with focus on immigration.

Based on unprecedented empirical research conducted with lower levels of the Afghan police, this unique study assesses how institutional legacy and external intervention, from countries including the UK and the US, have shaped the structural conditions of corruption in the police force and the state. Taking a social constructivist approach, the book combines an in-depth analysis of internal political, cultural and economic drivers with references to several regime changes affecting policing and security, from the Soviet occupation and Mujahidin militias to Taliban religious police. Crossing disciplinary boundaries, Singh offers an invaluable contribution to the literature and to anti-corruption policy in developing and conflict-affected societies.

The first special juvenile court was created in 1899. Since then,juvenile justice has had a chequered history, and is now more controversial than ever. Should our treatment of young offenders differ in its aims or principles from that of adult offenders? What role should ideas of punishment or retribution play? Should our aims be rehabilitative and educative rather than punitive? Should we divert young offenders from the criminal justice system altogether, opting for 'restorative' rather than 'retributive' justice? These questions are addressed in this inter-disciplinary volume, which brings together criminologists, educationalists, psychologists and philosophers. Part I traces the history of juvenile justice, identifying patterns, and signs of what the future might hold. Part II tackles fundamental normative issues of punishment, moral education and restoration, with particular emphasis on the role of communication. Part III attends to the role that such emotions as shame and guilt should play in juvenile justice, paying particular, and critical, attention to Braithwaite's conception of reintegrative shaming.

"Rachel King offers us the stories of families who understand the powerful reality that taking another life in the name of justice only perpetuates the tragedy. I encourage others to read these stories to better understand their journey from despair and anger to some level of peace and even forgiveness."--Sister Helen Prejean, CSJ, author of Dead Man Walking Could you forgive the murderer of your husband? Your mother? Your son? Families of murder victims are often ardent and very public supporters of the death penalty. But the people whose stories appear in this book have chosen instead to forgive their loved ones' murderers, and many have developed personal relationships with the killers and have even worked to save their lives. They have formed a nationwide group, Murder Victims' Families for Reconciliation (MVFR), to oppose the death penalty. MVFR members are often treated as either saints or lunatics, but the truth is that they are neither. They are ordinary people who have responded to an extraordinary and devastating tragedy with courage and faith, choosing reconciliation over retribution, healing over hatred. Believing that the death penalty is a form of social violence that only repeats and perpetuates the violence that claimed their loved ones' lives, they hold out the hope of redemption even for those who have committed the most hideous crimes. Weaving third-person narrative with wrenching first-hand accounts, King presents the stories of ten MVFR members. Each is a heartrending tale of grief, soul searching, and of the challenge to choose forgiveness instead of revenge. These stories, which King sets in the context of the national discussion over the death penalty debate and restorative versus retributive justice, will appeal not only to those who oppose the death penalty, but also to those who strive to understand how people can forgive the seemingly unforgivable. Rachel King is a legislative counsel for the American Civil Liberties Union's Washington national office where she lobbies on crime policy. She is currently working on a book about the families of death row inmates.

This book is the most comprehensive treatment of the politics and the impact of the 'get tough' criminal sentencing legislation in the US. It includes a major empirical study of the celebrated California 'three strikes' law, the law that imposed a 25-years to life imprisonment the moment of a third felony conviction. 'Three Strikes' is the single most important assault on criminal recidivists in the twentieth century. This book tells the story of how such a revolutionary shift in punishment policy became law, the impact of that legislation on criminal punishments and crime rates in California, and the broad implications of Three Strikes for the ways in which punishment policy is made in democratic governments.

The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation's top capital defense teams, the book explores the unusual few who voluntarily represent society's "worst of the worst." With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who-like soldiers or surgeons-operate under the highest of stakes, where verdicts have the power to either "take death off the table" or put clients on "the conveyor belt towards death." These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.

This book brings together moral and legal philosophers,criminologists and political theorists in an attempt to address the interdependence of the study of punishment and of political theory as well as specific issues, such as freedom, autonomy, coercion and rights that arise in both. In addition to new essays on the compatibility of rights and utilitarianism and of autonomy and coercion in Kant's theory, the book contains an extended treatment of the idea of punishment as communication. This theme is taken up in arguments over whether punishment is communicative, in the questions of what the content of any such communication could be in a pluralist society, and whether communicative accounts can make sense of the use of 'hard treatment'. By combining the techniques and expertise of different disciplines, the essays in this book shed new light on the problem of punishment. They also demonstrate the usefulness of that problem as a testing ground for legal and moral philosophy.

From the Salem witch trials to death row, this work is a gripping analysis of the evolution of punishment practices, policies, and problems in America. From Puritan ducking stools to boot camps and supermax prisons, Punishment in America investigates the evolution of punishment in the United States. Intriguing inquiries into penitentiaries, parole, capital punishment, and other sanctions reveal how the rationales behind them-retribution, rehabilitation, and deterrence-reflect changes in society, culture, and values. Reaching beyond the typical focus on prisons and incarceration to extralegal lynchings and vigilante operations and the treatment of the poor and the mentally challenged, this remarkable review also explores the impact of stricter laws on pedophiles and drug offenders and the effect of three-strikes legislation and truth in sentencing. This thought-provoking work will help readers understand the conflicting roles that punishment has played in delivering justice and promoting rehabilitation. A chronology tracking the history of punishment in the United States begins with ancient practices like blood feuds A chapter on facts and data presents studies on the impact of the war on drugs and the truth-in-sentencing laws on the prison population

Through studies of beheaded Irish traitors, smugglers hung in chains on the English coast, suicides subjected to the surgeon's knife in Dresden and the burial of executed Nazi war criminals, this volume provides a fresh perspective on the history of capital punishment. The chapters 'Introduction: A Global History of Execution and the Criminal Corpse' and 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' are open access under a CC BY 4.0 license.

Banishing troublesome and deviant people from society was common in the early modern period. Many European countries removed their paupers, convicted criminals, rebels and religious dissidents to remote communities or to their colonies where they could be simultaneously punished and, perhaps, contained and reformed. Under British rule, poor Irish, Scottish Jacobites, English criminals, Quakers, gypsies, Native Americans, the Acadian French in Canada, rebellious African slaves, or vulnerable minorities like the Jews of St. Eustatius, were among those expelled and banished to another place. This book explores the legal and political development of this forced migration, focusing on the British Atlantic world between 1600 and 1800. The territories under British rule were not uniform in their policies, and not all practices were driven by instructions from London, or based on a clear legal framework. Using case studies of legal and political strategies from the Atlantic world, and drawing on accounts of collective experiences and individual narratives, the authors explore why victims were chosen for banishment, how they were transported and the impact on their lives. The different contexts of such banishment - internal colonialism ethnic and religious prejudice, suppression of religious or political dissent, or the savageries of war in Europe or the colonies - are examined to establish to what extent displacement, exile and removal were fundamental to the early British Empire.

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 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.

In a liberal democracy, theory suggests that the political order and character of a civil society are closely connected: the political order allows for a dynamic and pluralistic civil society, and people's civic participation encourages support for the political order. In examining the role of punishment in the U.S. and the U.K., however, Jonathan Jacobs maintains that the current state of incarceration is antithetical to the principles of a liberal democracy and betrays an abandonment of that project's essential values. The existing system imposes harsh injustices on incarcerated people: it subjects them to inhumane prison conditions, creates numerous obstacles that block their reentry into society upon release, and erodes their capacity to participate in civic life and exercise individual moral agency. And in recent decades, the number of its people that the U.S. has incarcerated has grown dramatically. Jacobs engages with substantial philosophical literature to argue that necessary and significant reforms to the U.S. and U.K. criminal justice systems demand a serious recommitment to the values and principles of a liberal democracy. Topics include the justification and aims of punishment, the role of criminal justice within theories of a just society, and empirical considerations regarding long-term incarceration and its impact. By comprehensively exploring the relationship between criminal justice and justice, he highlights distinctive elements of criminal justice as the basis for a retributivist conception of punishment that highlights desert and proportionality. Jacobs defends retributivism against familiar accusations that it approves vindictiveness and inevitably harms offenders, and shows how consequentialist approaches are seriously flawed. Drawing equally from both philosophy and criminology, Jacobs argues for a renewed dedication to the values and principles of a liberal democracy as critical to the possibility of criminal justice being truly just.

At the end of the eighteenth century, Jeremy Bentham devised a scheme for a prison that he called the panopticon. It soon became an obsession. For twenty years he tried to build it; in the end he failed, but the story of his attempt offers fascinating insights into both Bentham's complex character and the ideas of the period. Basing her analysis on hitherto unexamined manuscripts, Janet Semple chronicles Bentham's dealings with the politicians as he tried to put his plans into practice. She assesses the panopticon in the context of penal philosophy and eighteenth-century punishment and discusses it as an instrument of the modern technology of subjection as revealed and analysed by Foucault. Her entertainingly written study is full of drama: at times it is hilariously funny, at others it approaches tragedy. It illuminates a subject of immense historical importance and which is particularly relevant to modern controversies about penal policy.