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.

This book is an interdisciplinary collection of essays on Le Groupe d'information sur les prisons (The Prisons Information Group, or GIP). The GIP was a radical activist group, extant between 1970 and 1973, in which Michel Foucault was heavily involved. It aimed to facilitate the circulation of information about living conditions in French prisons and, over time, it catalyzed several revolts and instigated minor reforms. In Foucault's words, the GIP sought to identify what was 'intolerable' about the prison system and then to produce 'an active intolerance' of that same intolerable reality. To do this, the GIP 'gave prisoners the floor,' so as to hear from them about what to resist and how. The essays collected here explore the GIP's resources both for Foucault studies and for prison activism today.

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.

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aExpertly dissects the racist underpinnings of capital punishment while pushing some intellectual boundaries.a
--"International Socialist Review"

aThe authors give the nation an unflinching view of the shameful influence of racism in death penalty cases. This is a must read for anyone who cares about fairness in application of the death penalty and respect for the rule of law in our modern society.a
--Senator Edward M. Kennedy

aOgeltree and Sarat combine the most severe criminal punishment with the bugaboo of racial class and prejudice in their book From Lynch Mobs to the Killing State. The professors astutely note that the death penalty is often used as a club to keep poor and desperate minorities in line in the larger white society.a
--"Black Issues Book Review"

aAn elegant compendium of essays written by sociologists, historians, criminologists, and lawyers. The essays starkly reveal how this countryas death penalty has its roots in lynchings, and how it operates to sustain a racist agenda.a
--"The Federal Lawyer"

"This book offers thoughtful and wide-ranging assessments of how America's most dramatic punishment intersects with America's deepest and most divisive social problem. These essays go far beyond the obvious and offer much of interest both for those with a particular interest in the death penalty and for those who seek to understand and to ameliorate our country's shameful legacy of racial inequality. This is the rare book that will be helpful to the student, the scholar, and the activist alike."
--Carol Steiker, Harvard Law School

"Essential reading for all who are seeking to understand thecontemporary American death penalty or to imagine an America without one."
--Jonathan Simon, School of Law-Boalt Hall, University of California, Berkeley

"A major contribution."
--Randy A. Hertz, NYU School of Law

"Riveting and very timely. Remarkably, the book creatively assembles social history, demographic and statistical analysis, experimental psychology, and legal history and finds a common truth: the death penalty may be one of the most persistent, self-reinforcing ways we uphold racial division."
--Robert Weisberg, Stanford University Law School

"The book is bound to influence the thinking of many who tolerate if not actively support the death penalty because of the way it shows how deeply entrenched are the shameful racist attitudes and practices in our nation's dominant (white) culture."
--Hugo Adam Bedau, editor of "The Death Penalty in America"

"This is the first recent volume to address race and capital punishment in such a broad, systematic, and--perhaps most importantly--multi-disciplinary fashion."
--David R. Dow, University of Houston Law Center

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country's history of punishment.

In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essaysapproach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.

From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

This book shows how the overall impact of the penal policy agenda of the Coalition Government 2010-2015 has not led to the intended 'rehabilitation revolution', but austerity, outsourcing and punishment, designated here as 'punitive managerialism'. The policy of austerity has led to significant budget cuts in legal aid and court services which threaten justice. It has also led to staffing reductions and overcrowding in the prison system which threaten order and have undermined more positive work with prisoners. The outsourcing of prison and community-based offender services is based on untried method with uncertain results. The shift in orientation towards punishment is regrettable because it is essentially negative. The book notes that this move to punitive managerialism is located in the broader trend towards neo-liberalism. It concludes by attempting to articulate the parameters of an affordable and emotionally satisfying yet humane and rational penal policy.>

"Popular Injustice" focuses on the spread of highly punitive forms of social control (known locally as "mano dura") in contemporary Latin America. Many people have not only called for harsher punishments, such as longer prison sentences and the reintroduction of capital punishment, but also support vigilante practices like lynchings. In Guatemala, hundreds of these mob killings have occurred since the end of the country's armed conflict in 1996. Drawing on dozens of interviews with residents of lynching communities, Godoy argues that while these acts of violence do reveal widespread frustration with the criminal justice system, they are more than simply knee-jerk responses to crime. They demonstrate how community ties have been reshaped by decades of state violence and by the social and economic changes associated with globalization.

Young people, crime and delinquency are words that are commonly linked in public perception and young people are often blamed for social ills. Their deviancy and threat to social control has been held to be a social fact from Plato to today. This book subjects that 'fact' to critical examination through consideration of youth justice systems in six different countries, drawing on sociological and criminological analysis as well as expert practitioner opinion. This book's comparative, cultural approach allows for consideration of the impact of new and emergent systems of communication and discourse and considers how these may impact future constructions of delinquency at a local and global level. Understanding changing constructions of delinquency, the systems and responses we already have and their strengths and weaknesses enables critique about what we do and what we know, and allows us to imagine how it might be otherwise.

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.

This book responds to the claim that criminology is becoming socially and politically irrelevant despite its exponential expansion as an academic sub-discipline. It does so by addressing the question 'what is to be done' in relation to a number of major issues associated with crime and punishment. The original contributions to this volume are provided by leading international experts in a wide range of issues. They address imprisonment, drugs, gangs, cybercrime, prostitution, domestic violence, crime control, as well as white collar and corporate crime. Written in an accessible style, this collection aims to contribute to the development of a more public criminology and encourages students and researchers at all levels to engage in a form of criminology that is more socially relevant and more useful.

This book explores the experiences of lesbian, gay, bisexual and trans (LGBT) communities as victims, offenders and staff within the criminal justice system. It draws on both emerging and existing LGBT research and campaigns to identify and explore issues relevant to the criminal justice system, including: agencies of the criminal justice system, victimisation, domestic violence and abuse, transgender experiences, LGBT people as offenders, international perspectives and the personal experiences of LGBT people. Charlotte Knight and Kath Wilson trace the legislative journey toward equal treatment before and after the Wolfenden Report. They consider why, for example, lesbians are over represented on death row in the US, how the prosecution characterises them and what part homophobia might play in offending and in sentencing. They raise important questions about the causes of, and responses to, same-sex domestic violence and abuse and how the system delivers justice to trans people. Sodomy laws and the treatment of LGBT people worldwide are also considered and models of good practice are offered. Their insights will be of interest to practitioners, policy makers and scholars of the criminal justice system, particularly those concerned with the rights of LGBT communities.

This book surveys the history, current status, and critical issues regarding the various mechanisms designed to control sex offenders. It shows that the social problem of sex offending is not apparently resolvable by any of the means currently employed. A large array of procedures are used in the attempt to control the difficult population of sex offenders, including: imprisonment, institutional and community treatment, community monitoring by probation and parole, electronic monitoring, registration as a sex offender, community notification of an offender's status, strict limits on behavioral movement in the community, and residence restrictions. However, these constraints on behavior are almost completely the result of public outrage regarding sensational sex crimes, overreaction of media coverage that produce inaccurate statements of potential community risk, and the efforts of the legal profession and politicians to quell this anger and foreboding by enacting legislation that supposedly confronts the risk. This book demonstrates that we have constructed a massive edifice of community control that is socially and politically driven and which has largely failed to contain sex crime.

Daughter of a Unitarian minister and schoolmaster, the penal reformer and educationist Mary Carpenter (1807 77) grew up in a pious family with a strong sense of obligation to those who were less fortunate. Moved by the appalling circumstances of destitute children in Bristol, she established her first ragged school in 1846. In her bid to improve the difficult lives of juvenile delinquents, her enlightened philosophy was one of rehabilitation rather than retribution, emphasising the importance of giving children a sense of self-worth. These views form the basis of this landmark work, first published in 1851. Marshalling a range of evidence in support of her argument, Carpenter highlights the need for radical change in the treatment of young offenders. Her lobbying bore fruit in England with the passage of the Youthful Offenders Act (1854), described as 'the Magna Carta of the neglected child'.

How does the way we think and feel about the world around us affect the existence and administration of the death penalty? What role does capital punishment play in defining our political and cultural identity? After centuries during which capital punishment was a normal and self-evident part of criminal punishment, it has now taken on a life of its own in various arenas far beyond the limits of the penal sphere. In this volume, the authors argue that in order to understand the death penalty, we need to know more about the "cultural lives"-past and present-of the state's ultimate sanction. They undertake this "cultural voyage" comparatively-examining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Korea-arguing that we need to look beyond the United States to see how capital punishment "lives" or "dies" in the rest of the world, how images of state killing are produced and consumed elsewhere, and how they are reflected, back and forth, in the emerging international judicial and political discourse on the penalty of death and its abolition. Contributors: Sangmin Bae Christian Boulanger Julia Eckert Agata Fijalkowski Evi Girling Virgil K.Y. Ho David T. Johnson Botagoz Kassymbekova Shai Lavi Jurgen Martschukat Alfred Oehlers Judith Randle Judith Mendelsohn Rood Austin Sarat Patrick Timmons Nicole Tarulevicz Louise Tyler

In-cell television is now a permanent feature of prisons in England and Wales, and a key part of the experience of modern incarceration. This sociological exploration of prisoners' use of television offers an engaging and thought provoking insight into the domestic and everyday lives of people in prison - with television close at hand. Victoria Knight explores how television contributes to imprisonment by normalising the prison cell. In doing so it legitimates this space to hold prisoners for long periods of time, typically without structured activity. As a consequence, television's place in the modern prison has also come to represent an unanticipated resource in the package of care for prisoners. This book uncovers the complex and rich emotive responses to prison life. Dimensions of boredom, anger, frustration, pleasure and happiness appear through the rich narratives of both prisoners and staff, indicating the ways institutions and individuals deal with their emotions. It also offers an insight into the unfolding future of the digital world in prisons and begins to consider how the prisoner can benefit from engagement with digital technologies. It will be of great interest to practitioners and scholars of prisons and penology, as well as those interested in the impact of television on society.

Prison studies has experienced a period of great creativity in recent years, and this collection draws together some of the field's most exciting and innovative contemporary critical writers in order to engage directly with one of the most profound questions in penology - why prison? In addressing this question, the authors connect contemporary penological thought with an enquiry that has received the attention of some of the greatest thinkers on punishment in the past. Through critical exploration of the theories, policies and practices of imprisonment, the authors analyse why prison persists and why prisoner populations are rapidly rising in many countries. Collectively, the chapters provide not only a sophisticated diagnosis and critique of global hyper-incarceration but also suggest principles and strategies that could be adopted to radically reduce our reliance upon imprisonment.

This book is open access under a CC BY 4.0 licence. This book is the first academic study of the post-mortem practice of gibbeting ('hanging in chains'), since the nineteenth century. Gibbeting involved placing the executed body of a malefactor in an iron cage and suspending it from a tall post. A body might remain in the gibbet for many decades, while it gradually fell to pieces. Hanging in chains was a very different sort of post-mortem punishment from anatomical dissection, although the two were equal alternatives in the eyes of the law. Where dissection obliterated and de-individualised the body, hanging in chains made it monumental and rooted it in the landscape, adding to personal notoriety. Focusing particularly on the period 1752-1832, this book provides a summary of the historical evidence, the factual history of gibbetting which explores the locations of gibbets, the material technologies involved in hanging in chains, and the actual process from erection to eventual collapse. It also considers the meanings, effects and legacy of this gruesome practice.

Juvenile Offenders and Guns explores how and why twenty-five incarcerated young men of color acquired and used guns, and how guns made them feel. Guns have multiple meanings and serve many purposes for these youth as they attempt to construct a capable masculinity in their worlds, growing up in homes where money is often scarce and fathers absent.

This book argues that punishment's function is to communicate a message about an offenders' wrongdoing to society at large. It discusses both 'paradigmatic' cases of punishment, where a state punishes its own citizens, and non-paradigmatic cases such as the punishment of corporations and the punishment of war criminals by international tribunals.

The voluntary sector has a long history of involvement in criminal justice by providing a variety of services to offenders and their families, victims and witnesses. This collection brings together leading experts to provide critical reflections and cutting edge research on the contemporary features of voluntary sector work in criminal justice. At a time when the voluntary sector's role is being transformed, this book examines the dynamic nature of the voluntary sector and its responses to current uncertainties, and some of the conflicting positions with regards to its present and future role in criminal justice work. It also examines the potential impact of economic, political and ideological trends on the role and remit of voluntary sector organisations which undertake criminal justice work.

View the Table of Contents.
Read the Preface.

"Johnson gives these women visibility and voice as they relate their lives, their crimes, and their efforts to remain connected to families and communities...powerful."
-- "Booklist"

"Johnson's "Inner Lives" provides both a serious intervention in the literature on prisons and a venue through which incarcerated and formerly incarcerated Black women can speak for themselves. It challenges readers to take action."--"Black Renaissance"

""Inner Lives" soars when the women are allowed to speak for themselves."
--"Book"

"Johnson illuminates how the race and gender of African American women affect how they are treated in the American criminal justice system."
--"The Women's Review of Books"

"Johnson provides a historical look at African American women in the U.S. criminal justice system from the colonial period to the present."
--"Law's Social Inquiry"

The rate of women entering prison has increased nearly 400 percent since 1980, with African American women constituting the largest percentage of this population. However, despite their extremely disproportional representation in correctional institutions, little attention has been paid to their experiences within the criminal justice system.

Inner Lives provides readers the rare opportunity to intimately connect with African American women prisoners. By presenting the women's stories in their own voices, Paula C. Johnson captures the reality of those who are in the system, and those who are working to help them. Johnson offers a nuanced and compelling portrait of this fastest-growing prison population by blending legal history, ethnography, sociology, andcriminology. These striking and vivid narratives are accompanied by equally compelling arguments by Johnson on how to reform our nation's laws and social policies, in order to eradicate existing inequalities. Her thorough and insightful analysis of the historical and legal background of contemporary criminal law doctrine, sentencing theories, and correctional policies sets the stage for understanding the current system.

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.

Handbook of Restorative Justice is a collection of original, cutting-edge essays that offer an insightful and critical assessment of the theory, principles and practices of restorative justice around the globe. This much-awaited volume is a response to the cry of students, scholars and practitioners of restorative justice, for a comprehensive resource about a practice that is radically transforming the way the human community responds to loss, trauma and harm.

Its diverse essays not only explore the various methods of responding nonviolently to harms-done by persons, groups, global corporations and nation-states, but also examine the dimensions of restorative justice in relation to criminology, victimology, traumatology and feminist studies. In addition. They contain prescriptions for how communities might re-structure their family, school and workplace life according to restorative values.

This Handbook is an essential tool for every serious student of criminal, social and restorative justice.

Restorative justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor prevents reoffending. In its place, they suggest, should be restorative justice, in which families and communities of offenders encourage them to take responsibility for the consequences of their actions, express repentance and repair the harm they have done.

First published in 2002, Restorative Justice: Ideas, Values, Debates is renowned worldwide as an accessible, balanced and invaluable analysis of the argument that restorative justice can provide an attractive alternative to traditional responses to crime.

The second edition includes a new chapter identifying and analyzing fundamental shifts and developments in restorative justice thinking over the last decade. It suggests that the campaign for restorative justice has not only grown rapidly in the last decade, but has also changed in its focus and character. What started as a campaign to revolutionize criminal justice has evolved into a social movement that aspires to implant restorative values into the fabric of everyday life. This new edition explores the implications of this development for restorative justice s claim to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice.

This book provides an essential introduction to the most fundamental and distinctive ideas of restorative justice and will appeal to students of criminology, law or related disciplines or researchers and professionals with an interest in crime and justice issues. In addition it extends the debate about the meaning of restorative justice pros, cons and wider significance hence it will also be of interest to those already familiar with the topic.

'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.

Disability Incarcerated gathers thirteen contributions from an impressive array of fields. Taken together, these essays assert that a complex understanding of disability is crucial to an understanding of incarceration, and that we must expand what has come to be called 'incarceration.' The chapters in this book examine a host of sites, such as prisons, institutions for people with developmental disabilities, psychiatric hospitals, treatment centers, special education, detention centers, and group homes; explore why various sites should be understood as incarceration; and discuss the causes and effects of these sites historically and currently. This volume includes a preface by Professor Angela Y. Davis and an afterword by Professor Robert McRuer.