Determinants of the Death Penalty seeks to explain the phenomenon of capital punishment - without recourse to value judgements - by identifying those characteristics common to countries that use the death penalty and those that mark countries which do not. This global study uses statistical analysis to relate the popularity of the death penalty to physical, cultural, social, economical, institutional, actor oriented and historical factors. Separate studies are conducted for democracies and non-democracies and within four regional contexts. The book also contains an in-depth investigation into determinants of the death penalty in the USA.

In the black liberation movement, imprisonment emerged as a key rhetorical, theoretical, and media resource. Imprisoned activists developed tactics and ideology to counter white supremacy. Lisa M. Corrigan underscores how imprisonment - a site for both political and personal transformation - shaped movement leaders by influencing their political analysis and organizational strategies. Prison became the critical space for the transformation from civil rights to Black Power, especially as southern civil rights activists faced setbacks. Black Power activists produced autobiographical writings, essays, and letters about and from prison beginning with the early sit-in movement. Examining the iconic prison autobiographies of H. Rap Brown, Mumia Abu-Jamal, and Assata Shakur, Corrigan conducts rhetorical analyses of these extremely popular though understudied accounts of the Black Power movement. She introduces the notion of the ""Black Power vernacular"" as a term for the prison memoirists' rhetorical innovations, to explain how the movement adapted to an increasingly hostile environment in both the Johnson and Nixon administrations. Through prison writings, these activists deployed narrative features supporting certain tenets of Black Power, pride in blackness, disavowal of nonviolence, identification with the Third World, and identity strategies focused on black masculinity. Corrigan fills gaps between Black Power historiography and prison studies by scrutinizing the rhetorical forms and strategies of the Black Power ideology that arose from prison politics. These discourses demonstrate how Black Power activism shifted its tactics to regenerate, even after the FBI sought to disrupt, discredit, and destroy the movement.

Victims' Experiences of The Criminal Justice Response to Domestic Abuse: Beyond GlassWalls provides a unique perspective on how victims of domestic abuse experience the justice process. It tells two stories: first, a socio-legal narrative of the public policy, legislative, academic and social responses across Scotland, England and Wales; and second, the experience of female victim-survivors who report domestic abuse to the police. The apparent sweep of progress on the public stage is juxtaposed with the private struggle of individuals who continue to face barriers to justice. In-depth interviews with women who have experienced domestic abuse and those who support them identify a number of challenges. Moving beyond the arrest, procedural hearings and trial Forbes considers the emotional implications of waiting at home, travelling to court, and the unmet support needs and unanswered questions beyond the so-called conclusions of their case. Beautifully illustrated, this accessible overview uses victim narrative to provide explicit, practical advice for busy practitioners and students alike.

The UN Global Study on Children Deprived of Liberty detailed many children's poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland's experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children's rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.

A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice - from one of the most brilliant and influential lawyers of our time, as seen in the HBO documentary True Justice. (Now a major motion picture starring Michael B. Jordan and Jamie Foxx).

Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn't commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship - and transformed his understanding of mercy and justice forever.

Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer's coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice.

The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far-reaching. In this study, the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyze and explain the increasing use of prosecutorial power. The overlap between the role of prosecutor and judge is also discussed.

A history of the McCleskey v. Kemp Supreme Court ruling that effectively condoned racism in capital cases In 1978 Warren McCleskey, a black man, killed a white police officer in Georgia. He was convicted by a jury of 11 whites and 1 African American, and was sentenced to death. Although McCleskey's lawyers were able to prove that Georgia courts applied the death penalty to blacks who killed whites four times as often as when the victim was black, the Supreme Court upheld the death sentence in McCleskey v.Kemp, thus institutionalizing the idea that racial bias was acceptable in the capital punishment system. After a thirteen-year legal journey, McCleskey was executed in 1991. In Killing with Prejudice, R.J. Maratea chronicles the entire litigation process which culminated in what has been called "the Dred Scott decision of our time." Ultimately, the Supreme Court chose to overlook compelling empirical evidence that revealed the discriminatory manner in which the assailants of African Americans are systematically undercharged and the aggressors of white victims are far more likely to receive a death sentence. He draws a clear line from the lynchings of the Jim Crow era to the contemporary acceptance of the death penalty and the problem of mass incarceration today. The McCleskey decision underscores the racial, socioeconomic, and gender disparities in modern American capital punishment, and the case is fundamental to understanding how the death penalty functions for the defendant, victims, and within the American justice system as a whole.

Focusing contemporary democratic theory on the neglected topic of punishment, Punishment, Participatory Democracy, and the Jury argues for increased civic engagement in criminal justice as an antidote to the American penal state. Albert W. Dzur considers how the jury, rather than merely expressing unreflective public opinion, may serve as a participatory institution that gathers and utilizes citizens' juridical capabilities. In doing so, the book resists trends in criminal justice scholarship that blame increases in penal severity on citizen participation and rejects political theorists' longstanding skepticism of lay abilities.
Dzur distinguishes constructive citizen involvement that takes responsibility for public problems from a mass politics mobilized superficially around single issues. This more positive view of citizen action, which was once a major justification for the jury trial, is now also manifest in the restorative justice movement, which has incorporated lay people into community boards and sentencing circles. Both jury trials and restorative justice programs, Dzur explains, are examples of rational disorganization, in which lay citizen action renders a process less efficient yet also contributes valuable qualities such as attunement, reflectiveness, and full-bodied communication. While restorative justice programs and participatory policy forums such as citizens' juries have become attractive to reformers, traditional juries have suffered a steep and troubling decline. Punishment, Participatory Democracy, and the Jury advocates a broader role for jurors in the criminal courts and more widespread use of jury trials.
Though no panacea for a political culture grown too comfortable with criminalization and incarceration, participatory institutional designs that rationally disorganize punishment practices and slow down criminal justice can catalyze civic responsibility and public awareness about the need to find alternative paths forward for America's broken penal system.

Most forensic psychologists, psychiatrists and social workers involved in the assessment of sex offenders today have a good grasp of where the field stands. Many of their colleagues do not have an appreciation of why we are where we are. This book is an attempt to bridge that gap, to provide some historical background of sex offender assessment from 1830 to the present. Topics covered in this book include early efforts to identify and describe criminal populations statistically; the introduction of phrenology as a description of brain function; the efforts of criminal anthropologists to develop criminal taxonomies; the technology of anthropometry to identify individuals by measurement of bodily structure; and the introduction of fingerprinting which replaced anthropometry and remains largely unchanged to the present day. The guiding principle of the book is to help the reader understand that all of this represents a continuous thread of development and, disparate as they might seem, all of them are connected. This book is essential reading for undergraduates in psychology and sociology, as well as professionals in training and early stages of practice.

One of the most important problems faced by the United States is addressing its broken criminal justice system. This collection of essays offers a thorough examination of incarceration as a form of punishment. In addition to focusing on the philosophical aspects related to punishment, the volume's diverse group of contributors provides additional background in criminology, economics, law, and sociology to help contextualize the philosophical issues. The first group of essays addresses whether or not our current institutions connected with punishment and incarceration are justified in a liberal society. The next set of chapters explores the negative effects of incarceration as a form of punishment, including its impact on children and families. The volume then describes how we arrived at our current situation in the United States, focusing on questions related to how we view prisons and prisoners, policing for profit, and the motivations of prosecutors in trying to secure convictions. Finally, Rethinking Punishment in the Era of Mass Incarceration examines specific policy alternatives that might offer solutions to our current approach to punishment and incarceration.

Drawing on original research from the Women, Family, Crime and Justice research network, this edited collection sheds new light on the challenges and experiences of women and families who encounter the criminal justice system in the UK. Each contribution demonstrates how these groups are often ignored, oppressed and repeatedly victimised. The book addresses crucial issues including short-term imprisonment, trauma-specific interventions, schools supporting children affected by parental imprisonment and visibility and voice in research. Bringing together contemporary knowledge from both research and practice, this ambitious volume offers valuable insights and practical recommendations for positive action and change.

This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court's paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault's work to criminology and law. Mariana Valverde clearly explains the insights that Foucault's rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.

Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people's lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.

Justice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.

This book offers an in-depth examination of the historical perspective on the death penalty, discusses the process involved in the sentencing and administration of justice, and clarifies facets of an issue which is riddled with inequities and ambiguities that reflect gender bias, and racial and economic disparity. For example, of the 3028 people on 'death row' as of August 1995, only 15% were women. Of those who are on 'death row' today, virtually all are poor, a significant number are mentally retarded or otherwise mentally disabled, more than 40% are African-American, and a disproportionate number are Native American, Latino and Asian. These facts need to be carefully weighed against the grief, pain, and anguish caused by the untimely death of a murder victim with regard to the family members, as well as the related legal costs to society.

Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.

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.

Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.

This edited collection brings together leading international academics and researchers to provide a comprehensive body of literature that informs the future of prison and wider corrective services training, education, research, policy and practice. This volume addresses a range of 21st century issues faced by modern corrective services including, prison overcrowding, young and ageing offenders, mental health, sexual assault in corrective facilities, trans communities in corrective services and radicalisation of offenders within corrective services. Taking a multi-disciplinary approach and drawing together theoretical and practice debates, the book comprehensively considers current challenges and future trajectories for corrective systems, the people within them and service delivery. This volume will also be a welcomed resource for academics and researchers who have an interest in prisons, corrective services practice and broader criminal justice issues. It will also be of interest to those who want to join corrective services, those who are currently training to become personnel in corrective services and related allied professions, and those who are currently working in the field.

How might we best manage those who have offended but have mental vulnerabilities? How are risks identified, managed and minimised? What are ideological differences of care and control, punishment and therapy negotiated in practice? These questions are just some which are debated in the eleven chapters of this book. Each with their focus on a given area, authors raise the challenges, controversies, dilemmas and concerns attached to this particular context of delivering justice. Taking insights on imprisonment, community punishments and forensic services, this book provides a broad analysis of environments. But it also casts a critical light on how punishment of the mentally vulnerable sits within public attitudes and ideas, policy discourses, and the ways in which those seen to present as risky and dangerous are imagined. Written in a clear and direct style, this book serves as a valuable resource for those studying, working or researching at the intersections of healthcare and criminal justice domains. This book is essential reading for students and practitioners within the fields of criminology and criminal justice, social work, forensic psychology, forensic psychiatry, mental health nursing and probation.

The Royal Armouries is Britain's oldest museum, still partly housed in its original buildings in the Tower of London. The core of the collection is the medieval arsenal that was restocked by Henry VIII and on show to privileged visitors as early as the reign of Elizabeth I. After 1660, the general public was admitted and a series of spectacular exhibits was set up, one of which included instruments of torture and punishment. Since that time, they have been one of the Tower's prime attractions, enhanced by the macabre stories that surround them. This fascinating book sets these instruments of torture and punishment in their proper context and explores whether the Tower deserves its grim reputation.

This volume brings together leading researchers to celebrate the significant contributions of Peter Grabosky to the field of Criminology, and in particular his work developing and adapting regulatory theory to the study of policing and security. Over the past three decades, his path-breaking theoretical and empirical research has contributed to a burgeoning literature on the myriad ways regulatory systems drive state and non-state interactions in an effort to control crime. This collection of essays showcases Grabosky's pioneering treatment of key regulatory concepts as they relate to such interactions, and illustrate how his work has been instrumental in shaping contemporary scholarship and practice around the governance of security. Revisiting the work of a key figure in the field, this book will be of interest to criminologists, sociologists, socio-legal studies and those engaged with security and policy studies.

In the context of recent media scrutiny on the state of prisons in the UK, the efficacy of incarcerating large numbers of offenders is an issue which is rising steadily up the political agenda. In 2016, the Howard League for Penal Reform - an organization that has energetically lobbied for improvements in the treatment of offenders throughout its lifetime - celebrated its 150th anniversary. This book considers the life and work of Margery Fry, the woman who created the modern Howard League and dominated it from 1918 until her death in 1958, and places the UK's oldest surviving penal reform pressure group and its current work into their historical context. It examines Fry's legacy as a campaigner for an international standard of prisoners' minimum rights, which resulted in a United Nations charter, for the introduction of compensation for victims of criminal injuries, and for the abolition of the death penalty, and also considers her role in the establishment of criminology as an academic discipline and her organization of the first criminology lectures in Great Britain. It is essential reading for all those engaged in prisons research, penal reform and criminal justice history.