This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

This edited volume presents research about life in prison for women, discussing both incarcerated women and those working in prisons. It addresses women's paths through the criminal justice system from sentencing through post-incarceration and reintegration into society, highlighting the differences in women's experience of prison compared to their male counterparts and noting both the positive and negative changes implemented for women behind bars. Covering research on stigma, pop culture, motherhood, sexuality and gender, access to healthcare, vocational training, and educational opportunities, this text takes both a local and international view. Women and Prison is a comprehensive volume suitable for criminal justice researchers, mental health professionals, students of criminology, women's studies, sociology and those seeking a career in corrections.

Murder Stories engages with the current theoretical debate in death penalty research on the role of cultural commitments to 'American' ideologies in the retention of capital punishment. The central aim of the study is to illuminate the elusive yet powerful role of ideology in legal discourses. Through analyzing the content and processes of death penalty narratives, this research illuminates the covert life of 'the American Creed,' (a nexus of ideologies-liberty, egalitarianism, individualism, populism, and laissez faire-said to be unique to the United States) in the law. Murder Stories draws on the entire record of California death sentence resulting trials from three large and diverse California counties for the years 1996 - 2004, as well as interviews with 26 capital caseworkers (attorneys, judges, and investigators) from the same counties. Employing the theoretical framework proposed by Ewick and Silbey (1995) to study hegemonic and subversive narratives, and also the ethnographic approach advocated by Amsterdam and Hertz (1992) to study the producers and processes of constructing legal narratives, this book traces the ideological content carried within the stories told by everyday practitioners of capital punishment by investigating the content, process, and ideological implications of these narratives. The central theoretical finding is that the narratives constructed by both prosecutors and defenders tend to instantiate rather than subvert the ideological tenets of the American Creed.

This book provides a comprehensive overview of capital punishment in the Australian colonies for the very first time. The author illuminates all aspects of the penalty, from shortcomings in execution technique, to the behaviour of the dying criminal, and the antics of the scaffold crowd. Mercy rates, execution numbers, and capital crimes are explored alongside the transition from public to private executions and the push to abolish the death penalty completely. Notions of culture and communication freely pollinate within a conceptual framework of penal change that explains the many transformations the death penalty underwent. A vast array of sources are assembled into one compelling argument that shows how the 'lesson' of the gallows was to be safeguarded, refined, and improved at all costs. This concise and engaging work will be a lasting resource for students, scholars, and general readers who want an in-depth understanding of a long feared punishment. Dr. Steven Anderson is a Visiting Research Fellow in the History Department at The University of Adelaide, Australia. His academic research explores the role of capital punishment in the Australian colonies by situating developments in these jurisdictions within global contexts and conceptual debates.

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

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.

This book examines the role of religion and spirituality in desistance from crime and disengagement from gangs. Drawing upon in-depth interviews with male gang members and offenders as well as insights gathered from pastors, chaplains, coaches and personal mentors, the testimonials span three continents, focusing on the USA, Scotland, Denmark and Hong Kong. This volume offers unique empirical findings about the role that religion and spirituality can play in enabling some male gang members and offenders to transition into a new social sphere characterised by the presence of substitute forms of brotherhood and trust, and alternative forms of masculine status. The author presents critical insights into the potential relationship between religious and spiritual participation and the emergence of coping strategies to deal with the 'stigmata' that gang masculinity leaves behind. With its wide-ranging and multi-perspective approach, this book will be essential reading for students and scholars of gang culture, masculinity and spirituality, as well as policy makers and practitioners.

This book describes the complex process of desistance from sexual crime as told by 74 men incarcerated for sexual offenses and released back into the community. Unlike much of the research on this topic, Harris places strong emphasis on how men who have committed serious sexual offenses come to stop offending and end their 'criminal career'. Drawing on in-depth interviews, Harris outlines three main strategies that the men employ in order to pursue offense-free lives. The Retirement Strategy is divided into those who appear to simply 'resign' and those who go on to 'rebuild' their lives. The Regulation Strategy characterizes desistance as a product of one's ability to navigate increasingly restrictive legislation ('restricted,' 'rehearsed,' 'resistant,' and 'reclusive' desistance). The men who describe their desistance in terms of Recovery do so either through 'rehabilitation' or through 'resilience.' This original and engaging study will be of great interest not only to academics who study sexual aggression but also those who have survived sexual abuse themselves, and anyone working with survivors of sexual abuse, individuals convicted of sexual offenses, their families, and their communities.

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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?

The profile of prisoners across many Western countries is strikingly similar - 95% male, predominantly undereducated and underemployed, from the most deprived neighbourhoods. This book reflects on how similarly positioned men configure masculinities against global economic shifts that have seen the decimation of traditional, manual-heavy industry and with it the disruption of long-established relations of labour. Drawing on life history interviews and classical ethnography, the book charts a group of men's experiences pre, during and post prison. Tracking the development of masculinities from childhood to adulthood, across impoverished streets, 'failing' schools and inadequate state 'care', the book questions whether this proved better preparation for serving prison time than working in their local, service-dominated, labour markets. It integrates theories of crime, geography, economics and masculinity to take into account structural and global economic shifts as well as individual long-term perspectives in order to provide a broad examination on pathways to prison and post prison.

State crimes are historically and contemporarily ubiquitous and result in more injury and death than traditional street crimes such as robbery, theft, and assault. Consider that genocide during the 20th century in Germany, Rwanda, Darfur, Albania, Turkey, Ukraine, Cambodia, Bosnia-Herzegovina, and other regions claimed the lives of tens of millions and rendered many more homeless, imprisoned, and psychologically and physically damaged. Despite the gravity of crimes committed by states and political leaders, until recently these harms have been understudied relative to conventional street crimes in the field of criminology. Over the past two decades, a growing number of criminologists have conducted rigorous research on state crime and have tried to disseminate it widely including attempts to develop courses that specifically address crimes of the state. Referencing a broad range of cases of state crime and international institutions of control, State Criminality provides a general framework and survey-style discussion of the field for teaching undergraduate and graduate students, and serves as a useful general reference point for scholars of state crime.

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.

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.

Across Europe, restorative justice has gained acceptance as a way of resolving disputes and mitigating the harm of crime in the community. Practitioners have also begun to coordinate restorative meetings in prisons in an effort to reduce the harms of victimisation and to encourage desistance from crime. This book provides a comprehensive evaluation of Building Bridges, a programme of restorative meetings between victims and prisoners in seven European countries. The authors first describe how participation affected victims and offenders. Then, through case studies in three countries, they frame the social-ecological contexts of the programmes, discussing the organisational and socio-political factors that influenced how these programmes were delivered and what is necessary for them to be sustained. Funded by the European Commission, this evaluation is essential reading for practitioners and policy-makers interested in restorative justice and prisons. It offers important insights into the potential of restorative approaches for victims and offenders and reveals the organisational and cultural obstacles to be overcome before restorative justice is a regular feature of prisons in Europe.

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

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 addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

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