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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
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.
Winner, W. E. B. DuBois Distinguished Book Award presented by the National Conference of Black Political Scientists Examines the lifelong consequences of a felony conviction through the compelling words of former prisoners Felony convictions restrict social interactions and hinder felons' efforts to reintegrate into society. The educational and vocational training offered in many prisons are typically not recognized by accredited educational institutions as acceptable course work or by employers as valid work experience, making it difficult for recently-released prisoners to find jobs. Families often will not or cannot allow their formerly incarcerated relatives to live with them. In many states, those with felony convictions cannot receive financial aid for further education, vote in elections, receive welfare benefits, or live in public housing. In short, they are not treated as full citizens, and every year, hundreds of thousands of people released from prison are forced to live on the margins of society. Convicted and Condemned explores the issue of prisoner reentry from the felons' perspective. It features the voices of formerly incarcerated felons as they attempt to reconnect with family, learn how to acclimate to society, try to secure housing, find a job, and complete a host of other important goals. By examining national housing, education and employment policies implemented at the state and local levels, Keesha Middlemass shows how the law challenges and undermines prisoner reentry and creates second-class citizens. Even if the criminal justice system never convicted another person of a felony, millions of women and men would still have to figure out how to reenter society, essentially on their own. A sobering account of the after-effects of mass incarceration, Convicted and Condemned is a powerful exploration of how individuals, and society as a whole, suffer when a felony conviction exacts a punishment that never ends.
Winner of the National Book Critics Circle Award A Smithsonian Book of the Year A New York Review of Books "Best of 2020" Selection A New York Times Best Art Book of the Year An Art Newspaper Book of the Year A powerful document of the inner lives and creative visions of men and women rendered invisible by America's prison system. More than two million people are currently behind bars in the United States. Incarceration not only separates the imprisoned from their families and communities; it also exposes them to shocking levels of deprivation and abuse and subjects them to the arbitrary cruelties of the criminal justice system. Yet, as Nicole Fleetwood reveals, America's prisons are filled with art. Despite the isolation and degradation they experience, the incarcerated are driven to assert their humanity in the face of a system that dehumanizes them. Based on interviews with currently and formerly incarcerated artists, prison visits, and the author's own family experiences with the penal system, Marking Time shows how the imprisoned turn ordinary objects into elaborate works of art. Working with meager supplies and in the harshest conditions-including solitary confinement-these artists find ways to resist the brutality and depravity that prisons engender. The impact of their art, Fleetwood observes, can be felt far beyond prison walls. Their bold works, many of which are being published for the first time in this volume, have opened new possibilities in American art. As the movement to transform the country's criminal justice system grows, art provides the imprisoned with a political voice. Their works testify to the economic and racial injustices that underpin American punishment and offer a new vision of freedom for the twenty-first century.
Why is solitary confinement used in today's world? Does it help the rehabilitation of offenders? And how is policy affected by justification for the use of it? This book is the first to consider the history of solitary confinement and how it is experienced by the individuals undergoing it. Using Merleau-Ponty's concept of embodied subjectivity, it provides first-hand accounts of the inhumane experience of solitary confinement to provide a better appreciation of the relationship between penal strategy and its effect on human beings. Drawing on his own experiences as a Psychological Specialist in the Pennsylvania Department of Corrections and on those interviewed as part of the Guardian 6x9 project (http://www.theguardian.com/world/ng-interactive/2016/apr/27/6x9-a-virtual-experience-of-solitary-confinement), the author focuses on the phenomenology of solitary confinement to consider what the intentional aspect of this almost uninhabitable type of confinement says about a democratic society that continues to justify its use as a correctional strategy. Aiming to influence policy, the book fills the gap between the practice of solitary confinement and its implications, as well as the social attitudes that uncritically condone its use.
This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.
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.
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.
Police who engage in torture are condemned by human rights activists, the media, and people across the world who shudder at their brutality. Stark revelations about torture by American forces at places like Guantanamo Bay have stoked a fascination with torture and debates about human rights. Yet despite this interest, the public knows little about the officers who actually commit such violence. How do the police understand what they do? How do their beliefs inform their responses to education and activism against torture? Just Violence reveals the moral perspective of perpetrators and how they respond to human rights efforts. Through interviews with law enforcers in India, Rachel Wahl uncovers the beliefs that motivate officers who use and support torture, and how these beliefs shape their responses to international human rights norms. Although on the surface Indian officers' subversion of human rights may seem to be a case of "local culture" resisting global norms, officers see human rights as in keeping with their religious and cultural traditions-and view Western countries as the primary human rights violators. However, the police do not condemn the United States for violations; on the contrary, for Indian police, Guantanamo Bay justifies torture in New Delhi. This book follows the attempts of human rights workers to both persuade and coerce officers into compliance. As Wahl explains, current human rights strategies can undermine each other, leaving the movement with complex dilemmas regarding whether to work with or against perpetrators.
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.
Offering a timely reanalysis of the issue of Japan's capital punishment policy, this cutting edge volume considers the de facto moratorium periods in Japan's death penalty system and proposes an alternative analytical framework to examine the policy. Addressing how the Ministry of Justice in Japan justified capital punishment policy during the de facto moratorium periods from 1989 to 1993, from 2009 to 2010 and from 2010 to 2012, the author debates the misconceptions surrounding the significance of these moratoriums. The book evidences the approach, rationale and evolution of Japan's Ministry of Justice in consistently justifying capital punishment policy during the different execution-free periods and provides a better understanding of the powerful unelected elite who actually drive the capital punishment system in Japan. Based on parliamentary proceedings, public opinion surveys and periodical reports by both international and domestic human rights NGOs as well as interviews of government ministers, NGO staff, pro- and anti-death-penalty advocates, this text is key reading for those interested in Japan, its government, criminal justice system and policies on the death penalty and human rights.
Crime and Intelligence Analysis: An Integrated Real-Time Approach, 2nd Edition, covers everything crime analysts and tactical analysts need to know to be successful. Providing an overview of the criminal justice system as well as the more fundamental areas of crime analysis, the book enables students and law enforcement personnel to gain a better understanding of criminal behavior, learn the basics of conducting temporal analysis of crime patterns, use spatial analysis to better understand crime, apply research methods to crime analysis, and more successfully evaluate data and information to help predict criminal offending and solve criminal cases. A new chapter provides expert advice about terrorist threats and threat assessment. Criminal justice and police academy students, as well as civilians, sworn officers, and administrators, can build the skills to be credible crime analysts who play a critical role in the daily operations of law enforcement.
Corrections in the Community, Seventh Edition, examines the current state of community corrections and proposes an evidence-based approach to making programs more effective. As the U.S. prison and jail systems continue to struggle, options like probation, parole, alternative sentencing, and both residential and non-residential programs in the community continue to grow in importance. This text provides a solid foundation and includes the most salient information available on the broad and dynamic subject of community corrections. Authors Latessa and Lovins organize and evaluate the latest data on the assessment of offender risk/need/responsivity and successful methods that continue to improve community supervision and its effects on different types of clients, from those with mental illness or substance abuse problems to juveniles. This book provides students with a thorough understanding of the theoretical and practical aspects of community corrections and prepares them to evaluate and strengthen these crucial programs. This seventh edition includes new chapters on pretrial, and graduated responses as well as updated information on specialty drug and other problem-solving courts. Now found in every state, these specialty courts represent a way to deal with some of the most devastating problems that face our population, be it substance abuse or re-entry to the community from prison. Chapters contain key terms, boxed material, review questions, and recommended readings, and a glossary is provided to clarify important concepts. The instructor's guide is expanded, offering sample syllabi for semester, quarter, and online classes; student exercises; research and information links; and a transcription of the Bill of Rights. A test bank and lecture slides are also available at no cost.
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.
This book discusses the concept of 'agnosis' and its significance for criminology through a series of case studies, contributing to the expansion of the criminological imagination. Agnotology - the study of the cultural production of ignorance, has primarily been proposed as an analytical tool in the fields of science and medicine. However, this book argues that it has significant resonance for criminology and the social sciences given that ignorance is a crucial means through which public acceptance of serious and sometimes mass harms is achieved. The editors argue that this phenomenon requires a systematic inquiry into ignorance as an area of criminological study in its own right. Through case studies on topics such as migrant detention, historical institutionalised child abuse, imprisonment, environmental harm and financial collapse, this book examines the construction of ignorance, and the power dynamics that facilitate and shape that construction in a range of different contexts. Furthermore, this book addresses the relationship between ignorance and the achievement of 'manufactured consent' to political and cultural hegemony, acquiescence in its harmful consequences and the deflection of responsibility for them.
This book examines how the prison environment, architecture and culture can affect mental health as well as determine both the type and delivery of mental health services. It also discusses how non-medical practices, such as peer support and prison education programs, offer the possibility of transformative practice and support. By drawing on international contributions, it furthermore demonstrates how mental health in prisons is affected by wider socio-economic and cultural factors, and how in recent years neo-liberalism has abandoned, criminalised and contained large numbers of the world's most marginalised and vulnerable populations. Overall, this collection challenges the dominant narrative of individualism by focusing instead on the relationship between structural inequalities, suffering, survival and punishment. Chapter 2 of this book is available open access under a CC BY 4.0 license via link.springer.com.
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.
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.
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.
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.
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.
This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.
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.
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.
The post 9/11 era has produced structured rehabilitation programmes in a wide range of countries including Saudi Arabia, Singapore, Pakistan, Malaysia, Egypt, Iraq, and Uzbekistan. There are also ad hoc and emerging programmes in Nigeria, China, Indonesia, Bangladesh, Denmark, Germany, United Kingdom, and Nepal. Due to the threat from global Islamist terrorist groups, including al-Qaeda and the Islamic State (IS), the focus has tended to be on Islamist groups. However, Sri Lanka also has a multifaceted rehabilitation programme that was created after the ethno-nationalist Liberation Tigers of Tamil Eelam (LTTE) group was defeated in 2009, which can teach us some valuable lessons. This book consists of a series of case studies of different terrorist rehabilitation initiatives that have been attempted around the world. Each initiative is critically analysed to develop a sound understanding of the significance of different approaches and strategies of terrorist rehabilitation in helping potential terrorists integrate back into society. Sharing and examining case studies, by both practitioners and scholars, this book provides vital tools to address the challenges faced by practitioners of terrorist rehabilitation programmes.
A Southern Criminology of Violence, Youth and Policing examines public experiences of insecurity and the social impacts of security programmes that aim to address violence in Brazil. This book contributes to the emerging field of southern criminology by engaging with the perils faced by people living in 'favelas' in Brazil and critically investigating the discourse of state actors. It combines original ethnographic data with critical analysis to expand understandings of violence and control in urban and postcolonial contexts. This study challenges dominant practices and notions of security and control. Its objective is to decolonise knowledge and shed light on issues relating to policing, coercion, and the great socioeconomic, historical and spatial inequalities that shape the lives of millions of people in the Global South. The findings of this book expose the exacerbation of social problems by the expansion of the penal and crime industry, unsettling the applicability and universalism of mainstream managerial criminology. The evidence reveals that new modes of securitisation have not addressed long-standing issues of sexism, racism, classism and brutalisation in the police. Moreover, through the increasing use of methods of control and incarceration, security programmes have failed to prevent diverse forms of violence and challenge the expansion of organised crime. Instead they have exacerbated the inequalities that affect the most marginalised populations. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the social injustices that exists in the Global South. |
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