This handbook brings together the knowledge on juvenile imprisonment to develop a global, synthesized view of the impact of imprisonment on children and young people. There are a growing number of scholars around the world who have conducted in-depth, qualitative research inside of youth prisons, and about young people incarcerated in adult prisons, and yet this research has never been synthesized or compiled. This book is organized around several core themes including: conditions of confinement, relationships in confinement, gender/sexuality and identity, perspectives on juvenile facility staff, reentry from youth prisons, young people's experiences in adult prisons, and new models and perspectives on juvenile imprisonment. This handbook seeks to educate students, scholars, and policymakers about the role of incarceration in young people's lives, from an empirically-informed, critical, and global perspective.

Thomas Aquinas and the Philosophy of Punishment explores how Aquinas's understandings of natural law and the common good apply to the contemporary philosophical discussion of punitive justice. It is the first book-length study to consider this question in decades, and the only book that confronts modern views of the topic. Peter Karl Koritansky presents Thomas Aquinas's theory of punishment as an alternative to the leading schools of thought that have dominated the philosophical landscape in recent times, namely, utilitarianism and retributivism. After carefully examining each one and tracing its roots back to Immanuel Kant and Jeremy Bentham, Koritansky concludes that neither approach to punitive justice is able to provide a philosophically compelling justification for the institution of punishment. He explains how St. Thomas approaches the same philosophical questions from a markedly different set of assumptions rooted in his theory of natural law and his understanding of the common good. Not without its own difficulties, Aquinas's approach offers a rationale and justification of punishment that is, Koritansky argues, much more humane, realistic, and compelling than either contemporary school is able to provide. Koritansky distinguishes his reading of the Angelic Doctor from that of other interpreters who tend to conflate Aquinas's teaching with various aspects of recent thought. A final chapter considers the death penalty in John Paul II's Gospel of Life and debates whether current Catholic teaching about the death penalty conflicts with Aquinas's arguments in favour of the death penalty.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

Synthesizing the latest scholarship in law and the social sciences on criminal sentencing and corrections, this book provides a thorough, balanced, and accessible survey of the major policy issues in these fields of persistent public interest and political debate. After three decades of explosive growth, the American incarceration rate is impracticably high. Drawing on leading research in law and the social sciences, this book covers a range of topics in sentencing and corrections in America in a manner that is accessible and engaging for general readers. Tackling high-level issues in the criminal justice system, it outlines the scale and causes of mass incarceration in the United States. To complement this, it details the roles and relative power of judges and prosecutors, the severity of punishment for drug offenders and white-collar offenders, the abuse of prisoners and the enforcement of prisoner rights, and repeat offending by released prisoners. It examines challenges that come with a high incarceration rate, such as the management of mental illness in the criminal justice system, the management of sex offenders, and the impact of parental incarceration on children. Looking ahead, it considers prospects for reducing current incarceration levels, the availability and effectiveness of alternatives to incarceration, and the future of capital punishment. Provides readers with an accessible introduction to important, timely topics of public debate Maintains a neutral, balanced perspective on a subject often a matter of heated partisanship Reveals the subtle connections between different aspects of the criminal justice system that are often missed in policy discussions Synthesizes leading academic work in law and the social sciences Provides a balanced assessment of the strengths and weaknesses of significant reform proposals

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

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?

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?

A comprehensive overview of rehabilitation, reentry, and reintegration,with real-life examples of successes and failures and the most current research This text explores the challenges that convicted offenders face over the course of the rehabilitation, reentry, and reintegration process. Using an integrated, theoretical approach, each chapter is devoted to a corrections topic and incorporates original evidence-based concepts, research, and policy from experts in the field, and examines how correctional practices are being managed. Students are exposed to examples of both the successful attempts and the failures to reintegrate prisoners into the community, and they will be encouraged to consider how they can help influence future policy decisions as practitioners in the field.

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.

At a time when criminal justice systems appear to be in a permanent state of crisis, leading scholars from criminology and theology come together to challenge criminal justice orthodoxy by questioning the dominance of retributive punishment. This timely and unique contribution considers alternatives that draw on Christian ideas of hope, mercy and restoration. Promoting cross-disciplinary learning, the book will be of interest to academics and students of criminology, socio-legal studies, legal philosophy, public theology and religious studies, as well as practitioners and policy makers.

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 gathers the very best academic research to date on prison regimes in Latin America and the Caribbean. Grounded in solid ethnographic work, each chapter explores the informal dynamics of prisons in diverse territories and countries of the region - Venezuela, Brazil, Bolivia, Honduras, Nicaragua, Colombia, Puerto Rico, Dominican Republic - while theorizing how day-to-day life for the incarcerated has been forged in tandem between prison facilities and the outside world. The editors and contributors to this volume ask: how have fastest-rising incarceration rates in the world affected civilians' lives in different national contexts? How do groups of prisoners form broader and more integrated 'carceral communities' across day-to-day relations of exchange and reciprocity with guards, lawyers, family, associates, and assorted neighbors? What differences exist between carceral communities from one national context to another? Last but not least, how do carceral communities, contrary to popular opinion, necessarily become a productive force for the good and welfare of incarcerated subjects, in addition to being a potential source of troubling violence and insecurity? This edited collection represents the most rigorous scholarship to date on the prison regimes of Latin America and the Caribbean, exploring the methodological value of ethnographic reflexivity inside prisons and theorizing how daily life for the incarcerated challenges preconceptions of prisoner subjectivity, so-called prison gangs, and bio-political order. Sacha Darke is Senior Lecturer in Criminology at University of Westminster, UK, Visiting Lecturer in Law at University of Sao Paulo, Brazil, and Affiliate of King's Brazil Institute, King's College London, UK. Chris Garces is Research Professor of Anthropology at Universidad San Francisco de Quito, Ecuador, and Visiting Lecturer in Law at Universidad Andina Simon Bolivar, Ecuador. Luis Duno-Gottberg is Professor at Rice University, USA. He specializes in Caribbean culture, with emphasis on race and ethnicity, politics, violence, and visual culture. Andres Antillano is Professor in Criminology at Universidad Central de Venezuela, Venezuala.

The first biography of the prison reformer Alexander Paterson (1884-1947). Sir Alexander Paterson (1884-1947) is best remembered for his role as Commissioner of Prisons and as the individual responsible for some of the greatest British innovations in the field of penal practice. All major prison reforms of his day can be associated with his name. One of the key characteristics of Paterson's reform drive was that he brought a much more 'scientific' approach to penology, encouraging psychiatrists and psychologists to work in prison. He was the prime mover behind the rapid expansion and transformation of the Borstal System and the introduction of open prisons, gaining Britain an international reputation for being at the forefront of penal reform. Harry Potter's account is the first biography of Alexander Paterson and it is based on unpublished material from government and family archives. Besides his achievements as prison reformer, Paterson's life encapsulated many trends in English society in the late nineteenth and early twentieth centuries: from the influence of Liberalism and Unitarianism in the industrial heartland of his youth, the Idealist philosophy of Thomas Hill Green at Oxford, to the impact of school and university 'missions' in the dark reaches of London. At Oxford he became friends with Clement Atlee. He also knew the radical Winston Churchill and it was Churchill who in 1910 first appointed him to a leading role in the aftercare of prisoners. Paterson's most formative years were undoubtedly spent living in a slum dwelling in South London when he devoted his time and energy to the Oxford and Bermondsey Medical Mission, one of the university settlements so common at the time - Attlee famously spent years in Hailesbury boys' club and Toynbee Hall in the East End. Paterson went on to publish a best-selling book - Across the Bridges - on his experiences in the South London slums. After a distinguished service in the Great War, Paterson devoted the rest of his life to the prison service at home and to penal reform abroad. Given current debates about prison reform and the general challenges the penal system is facing, revisiting Paterson's life and work will be a timely endeavour. Harry Potter - criminal barrister, historian and former prison chaplain - is ideally suited to write this biography.

Available Open Access under CC-BY-NC licence Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate. Featuring policy analysis, courtroom observations and practitioners' voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation. This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond.

"The text is an incredible composite of the literature that has shaped correctional practice. The authors have a great capacity for making research interesting and accessible. Cullen and Jonson have accomplished their goal of motivating readers to become sophisticated consumers of correctional knowledge." -Betsy Matthews, Eastern Kentucky University The Second Edition of Correctional Theory: Context and Consequences continues to identify and evaluate the major competing theories used to guide the goals, policies, and practices of the correctional system. Authors Francis T. Cullen and Cheryl Lero Jonson demonstrate that changes in theories can legitimize new ways of treating and punishing offenders, and they help readers understand how transformations in the social and political context of U.S. society impact correctional theory and policy. Designed to motivate readers to become sophisticated consumers of correctional information, the book emphasizes the importance of using evidence-based information to guide decisions, rather than relying on nonscientific commonsense or ideology-based beliefs.

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 critically explores the world of older prisoners to provide a more nuanced understanding of imprisonment at old age. Through an ethnographical study of male and female older prisoners in two Belgian prison settings, one in which older prisoners are integrated and one in which they are segregated, it informs debates and seeks to recognise ageist discourse, attitudes, practices in prison. The Older Prisoner seeks to situate the older prisoner from both a penological and gerontological perspective, organised around the following broad themes: the construction of the older prisoner, the physical prison world, the social prison world, surviving prison and giving meaning. The book allows readers to navigate between contrasting perspectives and voices rather than reinforcing traditional narratives and prevailing discourses on the older prisoner. In doing so, it hopes to open up a broader dialogue on ageing and punishment. It also offers insights into the concept of meaning in life as an analytical tool to study prisoners.

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.

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.

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.

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

This book offers a unique examination of how violence is situationally induced and reproduced for those inmates living with HIV in a US State prison system. Imprisonment is the only space where Americans have a constitutional right to healthcare but findings from this research suggest that accessing this care and associated welfare benefits requires some degree of violence. This book documents how HIV-positive inmates went about achieving agency through harm to their bodies and social standing to improve their health and wellbeing, in prison and upon re-entry to the community. It focusses on ethnographic research which was carried out in seven penal facilities in New England and comprises of accounts from inmates, prison staff, healthcare providers, ex-offenders, and community social workers. This book speaks to academics interested in prisons, violence, health, and ethnographic research, and to policy makers.

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.