Although criminal justice systems vary greatly around the world, one theme has emerged in all western jurisdictions in recent years: a rise in both the rhetoric and practice of severe punishment at a time when public opinion has played a pivotal role in sentencing policy and reforms. Despite the differences among jurisdictions, startling commonalities exist among the five countries-the U.K., USA, Canada, Australia, and New Zealand-surveyed here. Drawing on the results of representative opinion surveys and other research tools the authors map public attitudes towards crime and punishment across countries and explore the congruence between public views and actual policies. Co-authored by four distinguished sentencing policy experts, Penal Populism and Public Opinion is a clarion call for limiting the influence of penal populism and instituting more informed, research-based sentencing policies across the western world.

Between the years of 1820 and 1913, penitentiaries and reformatories came to be in the states of Pennsylvania, New York, and Massachusetts. The rise of these institutions is not simply a result of historical and theological trends, but was directly influenced by the American religious community. Drawing on various primary source materials, the author evaluates the influence of the religious community on the American penal system, with specific emphasis on the role of prison chaplains.

Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

Public outcries and political platforms based on misinformation and misconceptions about the criminal justice system and current sentencing practice occur all too often in democratic societies. Penal Populism, Sentencing Councils and Sentencing Policy attempts to address this problem by bringing together important contributions from a number of distinguished experts in the field. Penal Populism presents theoretical perspectives on the role of the public in the development of sentencing policy. It places particular emphasis on the emerging role of sentencing commissions, advisory councils or panels in a number of English speaking countries: Australia, New Zealand, the United States, the United Kingdom, Scotland and South Africa. The book explains, expands and develops the existing literature that looks at public attitudes to justice and the role that the 'public' can play in influencing policy. Written in a scholarly yet accessible style, Penal Populism asks the critical questions: should 'public opinion', or preferably, 'public judgment' be relevant to court decision-making, to institutional decision-making and to the political process? And if so, how?

This book charts the historical development of 'forensic objectivity' through an analysis of the ways in which objective knowledge of crimes, crime scenes, crime materials and criminals is achieved. Taking an interdisciplinary approach, with authors drawn from law, history, sociology and science and technology studies, this work shows how forensic objectivity is constructed through detailed crime history case studies, mainly in relation to murder, set in Scotland, England, Germany, Sweden, USA and Ireland. Starting from the mid-nineteenth century and continuing to the present day, the book argues that a number of developments were crucial. These include: the beginning of crime photography, the use of diagrams and models specially constructed for the courtroom so jurors could be 'virtual witnesses', probabilistic models of certainty, the professionalization of medical and scientific expert witnesses and their networks, ways of measuring, recording and developing criminal records and the role of the media, particularly newspapers in reporting on crime, criminals and legal proceedings and their part in the shaping of public opinion on crime. This essential title demonstrates the ways in which forensic objectivity has become a central concept in relation to criminal justice over a period spanning 170 years.

This innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected. Taking the decline of violence and the transformation of punishment as its guiding themes, the book highlights key dynamics of historical and social change, and charts how a refinement and civilizing of manners, and new forms of celebration and festival, accompanied the decline of violence.

Pieter Spierenburg, a leading figure in historical criminology, skillfully extends his view over three continents, back to the middle ages and even beyond to the Stone Age. Ranging along the way from murder to etiquette, from social control to popular culture, from religion to death, and from honor to prisons, every chapter creatively uses the theories of Norbert Elias, while also engaging with the work of Foucault and Durkheim.

The scope and rigor of the analysis will strongly interest scholars of criminology, history, and sociology, while the accessible style and the intriguing stories on which the book builds will appeal to anyone interested in the history of violence and punishment in civilization.

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.

In Their Names busts open the public safety myth that uses victims' rights to perpetuate mass incarceration, and offers a formula for what would actually make us safe, from the widely respected head of Alliance for Safety and Justice When twenty-six-year-old recent college graduate Aswad Thomas was days away from starting a professional basketball career in 2009, he was shot twice while buying juice at a convenience store. The trauma left him in excruciating pain, with mounting medical debt, and struggling to cope with deep anxiety and fear. That was the same year the national incarceration rate peaked. Yet, despite thousands of new tough-on-crime policies and billions of new dollars pumped into "justice," Aswad never received victim compensation, support, or even basic levels of concern. In the name of victims, justice bureaucracies ballooned while most victims remained on their own. In In Their Names, Lenore Anderson, president of one of the nation's largest reform advocacy organizations, offers a close look at how the political call to help victims in the 1980s morphed into a demand for bigger bureaucracies and more incarceration, and cemented the long- standing chasm that exists between most victims and the justice system. She argues that the powerful myth that mass incarceration benefits victims obscures recognition of what most victims actually need, including addressing their trauma, which is a leading cause of subsequent violent crime. A solutions-oriented, paradigm-shifting book, In Their Names argues persuasively for closing the gap between our public safety systems and crime survivors.

In this work Maurice Vanstone provides an authoritative and original account of the history of probation. This invaluable reference tool offers readers a new way of reading probation history and presents an original context for thinking about current policy and practice. While the study is essentially UK-focused, it also provides a comparative perspective by exploring the history of probation in the USA. The author's research has produced the only history of probation practice that does justice to the mixture of influences on the early probation service and paves the way for today's more evidence-based approach. The work is based in part upon original documents and interviews with retired and serving officers. Supervising Offenders in the Community will greatly interest criminologists and criminal justice, social policy, social history and social work academics and postgraduate students.

Generativity or ‘giving back’ is regarded as a common life stage, occurring for many around middle age. For the first time, this book offers qualitative research on the lives and social relationships of older imprisoned women. In-depth interviews with 29 female prisoners in the south-eastern United States show that older women both engage in generative behaviours in prison and also wish to do so upon their release. As prisoners continue to age, the US finds itself at a crossroads on prison reform, with potential decarceration beginning with older prisoners. The COVID-19 pandemic has led many to consider how to thrive under difficult circumstances and in stressing the resilience of older incarcerated women, this book envisions what this could look like.

Throughout much of the western world more and more people are being sent to prison, one of a number of changes inspired by a 'new punitiveness' in penal and political affairs. This book seeks to understand these developments, bringing together leading authorities in the field to provide a wide-ranging analysis of new penal trends, compare the development of differing patterns of punishment across different types of societies, and to provide a range of theoretical analyses and commentaries to help understand their significance. As well as increases in imprisonment this book is also concerned to address a number of other aspects of 'the new punitiveness': firstly, the return of a number of forms of punishment previously thought extinct or inappropriate, such as the return of shaming punishments and chain gangs (in parts of the USA); and secondly, the increasing public involvement in penal affairs and penal development, for example in relation to length of sentences and the California Three Strikes Law, and a growing accreditation of the rights of victims. The book will be essential reading for students seeking to understand trends and theories of punishment on law, criminology, penology and other courses.

This book provides a critical analysis of criminological scholarship in Malaysia, presenting a focused exploration of the key qualities and limitations to studies on crime, deviance, victimization and criminal justice in this country. This text connects contemporary crime problems with historical legacies such as the impact of colonialism and the influence of ethno-nationalism and authoritarianism in the region. Conflict and tension created by legal pluralism is illustrated via three case studies exploring apostasy, Islamic rehabilitation centres, and retention and use of the death penalty. In addition to a critique of contemporary Malaysian criminological scholarship, Towards a Malaysian Criminology suggests a composite, critical criminological approach to guide future research. This approach draws on theoretical traditions in critical race theory, critical realism, ultra-realism and the emerging field of Islamic critical realism. Given the multidisciplinary nature of the discipline, this text will appeal to scholars of criminology, sociology, law, politics and Islamic theology.

Restorative justice has become an increasingly important element in reform and change to criminal justice systems throughout the western world, and there are many reasons for satisfaction with the progress that has been made --from the point of view of victims, offenders, the level and incidence of reoffending, and in terms of public opinion. At the same time there has been cause for concern, not least to do with the confusion on aims that has accompanied the rapid spread of restorative justice practices, an over-estimate of its possibilities, a blurring of concepts and a lack of attention to legal rights and processes. This book, based on papers presented at the 5th international conference held at Leuven, Belgium in 2002, aims to provide an overview of recent experience of restorative justice in the light of these concerns. The central theme is the positioning, or repositioning, of restorative justice in contexts where it can offer hope to communities both fearful of crime and looking for more socially constructive responses to crime. At the same time restorative justice practitioners seek definition in relation to the kinds of crime it is appropriate to apply restorative justice to, how it relates to different forms of punishment, to rehabilitation, and how it fits in with criminal justice systems and the law of different countries --how to reconcile the informal, participatory philosophy of restorative justice with formal legal processes and the need for legal safeguards.

Restorative justice has become an increasingly important element in reform and change to criminal justice systems throughout the western world, and there are many reasons for satisfaction with the progress that has been made --from the point of view of victims, offenders, the level and incidence of reoffending, and in terms of public opinion. At the same time there has been cause for concern, not least to do with the confusion on aims that has accompanied the rapid spread of restorative justice practices, an over-estimate of its possibilities, a blurring of concepts and a lack of attention to legal rights and processes. This book, based on papers presented at the 5th international conference held at Leuven, Belgium in 2002, aims to provide an overview of recent experience of restorative justice in the light of these concerns. The central theme is the positioning, or repositioning, of restorative justice in contexts where it can offer hope to communities both fearful of crime and looking for more socially constructive responses to crime. At the same time restorative justice practitioners seek definition in relation to the kinds of crime it is appropriate to apply restorative justice to, how it relates to different forms of punishment, to rehabilitation, and how it fits in with criminal justice systems and the law of different countries --how to reconcile the informal, participatory philosophy of restorative justice with formal legal processes and the need for legal safeguards.

Prisons and AIDS is the first book to offer critical information on the proliferation of HIV and AIDS among prison populations and to provide a much needed resource for the design and implementation of education and prevention programs within correctional facilities. Written by experts in the field - including lead author Ronald L. Braithwaite, one of the foremost authorities on public health in the United States - this comprehensive resource is grounded in solid research, including survey information funded by the National Institute of Justice and the Centers for Disease Control. The book details numerous case studies from a variety of correctional facilities that reveal compelling information on frequency of sexual contact, drug use, needle sharing, tattooing, and the lack of access to condoms among inmates. In response to the disproportionately high incarceration rate of ethnic minorities, the authors provide strategies for developing culturally sensitive HIV/AIDS prevention programs in correctional settings. The book also documents differences in the patterns of HIV/AIDS cases among adult and juvenile and male and female inmates and explores policies and programs relevant to these populations, including education and prevention, testing and disclosure, partner notification, and housing. Written for policymakers, researchers, educators, health and human service providers, managers, and administrators of correctional institutions and community-based organizations, Prisons and AIDS provides the essential information for making informed decisions concerning this growing public health crisis.

This book examines the coercive and legally sanctioned strategies of exclusion and segregation undertaken over the last two centuries in a wide range of contexts. The political and cultural history of this period raises a number of questions about coercive exclusion. The essays in this collection examine why isolation has been such a persistent strategy in liberal and non-liberal nations, in colonial and post-colonial states and why practices of exclusion proliferated over the modern period, precisely when legal and political concepts of 'freedom' were invented. In addition to offering new perspectives on the continuum of medico-penal sites of isolation from the asylum to the penitentiary, Isolation looks at less well-known sites, from leper villages to refugee camps to Native reserves.


eBook available with sample pages: 0203405226

Over much of Africa, crime and insurgency are a serious problem and one in which the distinction between the two is being eroded.A Left without state protection people have sought to preserve their lives and property through vigilante groups and militias that pay scant attention to the law or human rights.A Likewise, the state security forces, under pressure to cut crime and rebel activity, readily discard lawful procedures.A Torture provides them with vital information, whilst extra-judicial executions save the need to go through the prolonged criminal justice system. After a general overview of the role of the rule of law in a democratic society, Bruce Baker provides five case studies that capture the current complex realities and their impact on the new democracies.A The citizen responses considered are vigilantes in East African pastoral economies, The Bakassi Boys an anti-crime group in Nigeria and private policing initiatives in South Africa.A The state responses are those of the Ugandan Defence Forces towards the Lords Resistance Army, the Senegalese army towards the Casamance secessionists and the Mozambique Police response towards criminals.

Throughout the western world public opinion has played an important role in shaping criminal justice policy. At the same time opinion polls repeatedly demonstrate that the public knows little about crime and justice, and holds negative views of the criminal justice system. This book, consisting of chapters from leading authorities in the field, is concerned to address this problem, and draws upon research in a number of different countries to address the issues arising from this state of affairs. Its main aims are:

• to explore the changing and evolving nature of public attitudes to sentencing
• to examine the factors that influence public opinion and to bring together recent international research which has demonstrated ways in which public attitudes can be changed
• to propose specific strategies to respond to the crisis in public confidence in criminal justice.

Throughout the western world public opinion has played an important role in shaping criminal justice policy. At the same time opinion polls repeatedly demonstrate that the public knows little about crime and justice, and holds negative views of the criminal justice system. This book, consisting of chapters from leading authorities in the field, is concerned to address this problem, and draws upon research in a number of different countries to address the issues arising from this state of affairs. Its main aims are: to explore the changing and evolving nature of public attitudes to sentencing; to examine the factors that influence public opinion; to bring together recent international research which has demonstrated ways in which public attitudes can be changed; and to propose specific strategies to respond to the crisis in public confidence in criminal justice.

Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.

When the photographs depicting torture at Iraq's Abu Ghraib prison were released in 2004, U.S. politicians attributed the incident to a few bad apples in the American military, exonerated high-ranking members of the George W. Bush administration, promoted Guantanamo as a model prison, and dismissed the illegality of the CIA's use of "enhanced interrogation." By the end of the Bush administration, members of both major congressional parties had come to denounce enhanced interrogation as torture and argue for the closing of Guantanamo. What initiated this shift? In Talking About Torture, Jared Del Rosso reviews transcripts from congressional hearings and scholarship on denial, torture, and state violence to document this wholesale change in rhetoric and attitude toward the use of torture by the CIA and the U.S. military during the War on Terror. He plots the evolution of the "torture issue" in U.S. politics and its manipulation by politicians to serve various ends. Most important, Talking About Torture integrates into the debate about torture the testimony of those who suffered under American interrogation practices and demonstrates how the conversation continues to influence current counterterrorism policies, such as the reliance on drones.

This edited collection brings together leading scholars to comparatively investigate national security, surveillance and terror in the early 21st century in two major western jurisdictions, Canada and Australia. Observing that much debate about these topics is dominated by US and UK perspectives, the volume provides penetrating analysis of national security and surveillance practices in two under-studied countries that reveals critical insights into current trends. Written by a wide range of experts in their respective fields, this book addresses a fascinating array of timely questions about the relationship among national security, privacy and terror in the two countries and beyond. Chapters include critical assessments of topics such as: National Security Intelligence Collection since 9/11, The Border as Checkpoint in an Age of Hemispheric Security and Surveillance, Unmanned Aerial Vehicles and Law Enforcement, as well as Federal Government Departments and Security Regimes. An engaging and empirically driven study, this collection will be of great interest to scholars of security and surveillance studies, policing, and comparative criminology.

Bringing together new research, this book advances current theoretical understandings of punishment and control in society. It provides a critical analysis of institutions, punishment and the law, and explores the delivery of punishment and experience of incarceration in Western societies from the early-nineteenth century.

Shame punishment has existed for perhaps as long as people have been punished, and the issue has been revisited in recent years to help improve crime reduction efforts. In this collection, shame punishment is examined from various critical perspectives, including its relation with expressivism, the diversity of shame punishment used today, the link between shame punishment and restorative justice, the relationship between dignity and shame punishment, shame punishment and its use for sex offenders, and critics of shame punishment in its different incarnations. The selected essays are from leading experts and represent the most important contributions to scholarly research in the field.