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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
Since 1996, death sentences in America have declined by more than 60 percent, reversing a generation-long trend toward greater acceptance of capital punishment. In theory, most Americans continue to support the death penalty. But it is no longer seen as a theoretical matter. Prosecutors, judges, and juries across the country have moved in large numbers to give much greater credence to the possibility of mistakes - mistakes that in this arena are potentially fatal. The discovery of innocence, documented in this book through painstaking analyses of media coverage and with newly developed methods, has led to historic shifts in public opinion and to a sharp decline in use of the death penalty by juries across the country. A social cascade, starting with legal clinics and innocence projects, has snowballed into a national phenomenon that may spell the end of the death penalty in America.
An in-depth analysis of the legal entry points and remedies in the school-to-prison pipeline The "school-to-prison pipeline" is an emerging trend that pushes large numbers of at-risk youth-particularly children of color-out of classrooms and into the juvenile justice system. The policies and practices that contribute to this trend can be seen as a pipeline with many entry points, from under-resourced K-12 public schools, to the over-use of zero-tolerance suspensions and expulsions and to the explosion of policing and arrests in public schools. The confluence of these practices threatens to prepare an entire generation of children for a future of incarceration. In this comprehensive study of the relationship between American law and the school-to-prison pipeline, co-authors Catherine Y. Kim, Daniel J. Losen, and Damon T. Hewitt analyze the current state of the law for each entry point on the pipeline and propose legal theories and remedies to challenge them. Using specific state-based examples and case studies, the authors assert that law can be an effective weapon in the struggle to reduce the number of children caught in the pipeline, address the devastating consequences of the pipeline on families and communities, and ensure that our public schools and juvenile justice system further the goals for which they were created: to provide meaningful, safe opportunities for all the nation's children.
Volume 20, Number 2 is dedicated to the life and contributions of Liz Elliott, who was an active member of the JPP Editorial Board in the formative years of the Journal, and a passionate advocate for prisoners' rights, restorative and social justice. The general section includes a number of articles that highlight the socio-politics and experiences of incarceration in the United States. It also includes two short special sections - one based on the discussions arising from the June 2010 13th International Conference on Penal Abolition (ICOPA) in Belfast, Northern Ireland, and one on 'summit detention' and the mass arrests that occurred during the June 2010 G-20 protests in Toronto, Ontario, Canada.
Volume 18(1&2) is a special double issue of the "Journal of Prisoners on Prisons." Edited by Mike Larsen and Justin Pich?, and dedicated to the memory of Louk Hulsman, the articles examine a range of topics, including how language structures relations in prison, the incarceration of veterans in the USA, life without parole sentences for both adults and juveniles, three strikes policies and legal self-representation, the psychological impact of solitary confinement, prisoners' families, and post-release adjustment. Running themes include reflections on the relationship between life and death in carceral settings, as well as critiques of policies that produce 'disposable' human beings. The issue continues with a revived Dialogues section featuring five articles discussing the scholarly merits, limitations, and ethics of prison ethnography and carceral tours. An extended Prisoners' Struggles section includes material on a variety of resources, organizations and events of interest, including reports by the MTL Trans Support Group, the UN Special Rapporteur on Education, and Julia Sudbury of Critical Resistance. The issue closes with Book Reviews of works by Deena Rhymes, Elizabeth Comack and Loic Wacquant.
Punishment is a complex human institution. It has normative, political, social, psychological, and legal dimensions, and ways of thinking about each of them change over time. For this reader on punishment, Michael Tonry, a leading authority in the field, has composed a comprehensive collection of 28 essays ranging from classic and contemporary writings on normative theories by philosophers and penal theorists to writings on restorative justice, on how people think about punishment, and on social theories about the functions punishment performs in human societies. This volume includes an accessible, non-technical introduction on the development of punishment theory, as well as an introduction and annotated bibliography for each section. The readings cover foundational traditions of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, as well as mixed approaches that attempt to link theory and policy. It follows the evolution and development of thinking about punishment spanning from writings by classical theorists such as Kant and Hegel to recent developments in the behavioral and medical sciences for thinking about punishment. The result is a collection of empirically-informed efforts to explain what punishment does that should spark contemplation and debate about why and how punishment is carried out.
Roman senators and equestrians were always vulnerable to prosecution for their official conduct, especially since politically motivated accusations were common. When charged with a crime in Republican Rome, such men had a choice concerning their fate. They could either remain in Rome and face possible conviction and punishment, or go into voluntary exile and avoid legal sentence. For the majority of the Republican period, exile was not a formal legal penalty contained in statutes, although it was the practical outcome of most capital convictions. Despite its importance in the political arena, Roman exile has been a neglected topic in modern scholarship. This 2006 study examines all facets of exile in the Roman Republic: its historical development, technical legal issues, the possibility of restoration, as well as the effects of exile on the lives and families of banished men.
2012 Winner of the Outstanding Book Award presented by the Academy of Criminal Justice Sciences Outstanding Academic Title from 2011 by Choice Magazine Too often, the criminal justice system silences victims, which leaves them frustrated, angry, and with many unanswered questions. Despite their rage and pain, many victims want the opportunity to confront their offenders and find resolution. After the Crime explores a victim-offender dialogue program that offers victims of severe violence an opportunity to meet face-to-face with their incarcerated offenders. Using rich in-depth interview data, the book follows the harrowing stories of crimes of stranger rape, domestic violence, marital rape, incest, child sexual abuse, murder, and drunk driving, ultimately moving beyond story-telling to provide an accessible scholarly analysis of restorative justice. Susan Miller argues that the program has significantly helped the victims who chose to face their offenders in very concrete, transformative ways. Likewise, the offenders have also experienced positive changes in their lives in terms of creating greater accountability and greater victim empathy. After the Crime explores their transformative experiences with restorative justice, vividly illustrating how one program has worked in conjunction with the criminal justice system in order to strengthen victim empowerment.
Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America's Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.
For 25 years, the Journal of Prisoners on Prisons (JPP) has been a prisoner written, academically oriented and peer reviewed, non-profit journal, based on the tradition of the penal press. It brings the knowledge produced by prison writers together with academic arguments to enlighten public discourse about the current state of carceral institutions.
This new and important title explores one of the most contentious and sensitive topics in criminal justice: the release and resettlement of life-sentenced offenders. Life after Life Imprisonment provides an in-depth analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom were released from prison across England and Wales during the mid-1990s. Using accessible and engaging data the book examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of criminal justice practitioners charged with the responsibility of supervising life-sentenced offenders and analyses the 'stories' or life narratives of a group of individuals who have committed some of the most serious crimes. The book also examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. This work therefore contributes to a variety of different areas of theoretical concern to legal scholars and criminologists as well as to applied areas of interest to practitioners in the field. Significantly, the book offers a major insight into how societies respond to serious crimes and identifies important elements of successful reintegration for released life-sentenced offenders.
Restorative justice has made significant progress in recent years and now plays an increasingly important role in and alongside the criminal justice systems of a number of countries in different parts of the world. In many cases, however, successes and failures, strengths and weaknesses have not been evaluated sufficiently systematically and comprehensively, and it has been difficult to gain an accurate picture of its implementation and the lessons to be drawn from this. Restorative Justice in Practice addresses this need, analyzing the results of the implementation of three restorative justice schemes in England and Wales in the largest and most complete trial of restorative justice with adult offenders worldwide. It aims to bring out the practicalities of setting up and running restorative justice schemes in connection with criminal justice, the costs of doing so and the key professional and ethical issues involved. At the same time the book situates these findings within the growing international academic and policy debates about restorative justice, addressing a number of key issues for criminal justice and penology, including: how far victim expectations of justice are and can be met by restorative justice aligned with criminal justice whether 'community' is involved in restorative justice for adult offenders and how this relates to social capital how far restorative justice events relate to processes of desistance (giving up crime), promote reductions in reoffending and link to resettlement what stages of criminal justice may be most suitable for restorative justice and how this relates to victim and offender needs the usefulness of conferencing and mediation as forms of restorative justice with adults. Restorative Justice in Practice will be essential reading for both students and practitioners, and a key contribution to the restorative justice debate.
Edited by Bell Gale Chevigny, this issue of the JPP features non-fiction pieces by winners of the annual PEN American Center's Prison Writing Contest that address issues of punishment and creative resistance. Many contributors describe punishment that extends beyond the loss of liberty, and the issue features articles on three strikes policies, death row, the AIDS epidemic, murderous violence, suicide, incarceration of prisoners with mental health needs, as well as the maddening absurdity of contraband laws. Others describe creative resistance directly, focusing on proposed non-prisoner involvement in promoting critical thinking among prisoners, teaching English as a Second Language, the community model of prison, and Michigan's Prison Creative Arts Project (described both by its founder and a female prisoner transformed by PCAP). The issue also features articles from three documentary film-makers who describe their efforts to break through prison walls. In the Prisoners' Struggles section, two former prisoners, an artist and a writer, detail their activism in fighting the Rockefeller drug laws and felon disenfranchisement in Rhode Island. A prisoner and two prison justice activists describe an online magazine written by activists on both sides of the wall. Another advocate lays out the large objectives and achievements of the Coalition for Women Prisoners in New York. The writers welcome this opportunity to reach an international audience and the PEN Prison Writing Program members hope that these pieces will stimulate an exchange with people elsewhere who participate in - or are interested in developing - similar writing programs.
Volume 17, Number 1 of the Journal of Prisoners on Prisons focuses
on the theme of education inside American and Canadian prisons.
Edited by Justin Pich?, the articles focus on a number of topics
including the barriers to education faced by prisoners, the
obstacles faced by those who wish to develop scholarly knowledge on
imprisonment and the vital role prison writing plays in knowing
inside in the contemporary context.? The "Response "to the issue by
Jon Marc Taylor, who earned his bachelor's, master's and doctoral
degrees while behind bars through correspondence courses,
encourages prisoners and fellow travellers to continue to "fight
the good fight" through prison writing. The "Prisoners' Struggles"
and "Book Reviews" sections include resources for prisoners, along
with contributions from individuals and groups working towards
expanding knowledge inside including Seth Ferranti, Eugene Dey,
books2prisoners Ottawa and the United Nations Special Rapporteur on
Education.
Volume 17, Number 2 of the Journal of Prisoners on Prisons is a special collection based on the theme "Abolition and the Universal Carceral." Edited by Mike Larsen, many of the included articles were presented in London, England in late July 2008 at the Colloquium on the Universal Carceral - part of the 12th International Conference on Penal Abolition (ICOPA XII). The Colloquium focused on the "proliferation of new forms of carceral control" (Gaucher, 2007) and on those aspects of the carceral experience that seem to remain constant across geography and time. Unified by a "politics of hope and a] rejection of the position that imprisonment need be viewed as a normal and inevitable part of our future" (Larsen, 2008), the articles included in JPP 17(2) cover a variety of topics and represent a range of voices, from around the world. Major themes include critical reflections on health and mental heath 'services' in prisons, immigration and security certificate detention, and political imprisonment. The issue concludes with a "Response "piece on "The Abolitionist Stance" by Thomas Mathiesen, which offers both a call to action and a theoretical grounding for a renewed spirit of penal abolitionism.
In 1971, Eddie Conway, Lieutenant of Security for the Baltimore chapter of the Black Panther Party, was convicted of murdering a police officer and sentenced to life plus thirty years behind bars. Paul Coates was a community worker at the time and didn't know Eddie well -- the little he knew, he didn't much like. But Paul was dead certain that Eddie's charges were bogus. He vowed never to leave Eddie -- and in so doing, changed the course of both their lives. For over forty-three years, as he raised a family and started a business, Paul visited Eddie in prison, often taking his kids with him. He and Eddie shared their lives and worked together on dozens of legal campaigns in hopes of gaining Eddie's release. Paul's founding of the Black Classic Press in 1978 was originally a way to get books to Eddie in prison. When, in 2014, Eddie finally walked out onto the streets of Baltimore, Paul Coates was there to greet him. Today, these two men remain rock-solid comrades and friends -- each, the other's chosen brother. When Eddie and Paul met in the Baltimore Panther Party, they were in their early twenties. They are now into their seventies. This book is a record of their lives and their relationship, told in their own voices. Paul and Eddie talk about their individual stories, their work, their politics, and their immeasurable bond.
Between 1850 and 1950, at least 115 women were lynched by mobs in the United States. The majority of these women were black. This book examines the phenomenon of the lynching of women, which was a much more rare experience than the lynching of men. Over the same hundred-year period covered in this text, more than 1,000 white men were lynched, while thousands of black men were murdered by mobs. Of particular importance in this examination is the role of race in lynching, particularly the increase in the number of black lynchings as the century progressed. Details are provided--when available--for the lynchings in an attempt to shine a light on this form of mob violence.
Fuhrman seeks to answer questions about the controversy about capital punishment by investigating the death penalty in Oklahoma where a "hang 'em high" attitute of cowboy justice resulted in 21 executions in 2001.Fuhrman focuses his consideable investigative skills on more than a dozen of the most controversial cases.
This book highlights the myriad factors that can impact the children of incarcerated parents. It is no secret that the United States continues to be the leading nation for the incarceration of men and women, and this this large prison population includes approximately 120,000 incarcerated mothers and 1.1 million incarcerated fathers. Incarceration of a parent is recognized as an 'adverse childhood experience', an acute or chronic situation that for most people is stressful and potentially traumatic. Children of incarcerated parents may experience other adverse childhood experiences such as poverty, homelessness, parental substance abuse and other mental health problems, and family violence. The chapters in this book document some of the challenges as well as some promising ways that can help parents and families begin to meet these challenges. It is our hope that the compendium of chapters presented in this book will be a resource for practitioners, policy makers, educators, researchers, and advocates in their work to ensure that the children of incarcerated parents, their caregivers, and their mothers and fathers, are provided the support they need to address the challenges they face during and after parental incarceration. This book was originally published as a special issue of Smith College Studies in Social Work.
Since its first use in 1890, the electric chair has been the means of legal execution for over 4,300 individuals in 23 states. Its use in recent years has steadily declined, and nowadays many states use the chair only as a museum display. This book provides a history of the electric chair and analyzes its features, its development, and the manner of its use. Chapters cover the early conceptual stages as a humane alternative to hanging, and the rivalry between Edison and Westinghouse that was one of the main forces in the chair's adoption as a mode of execution. Also presented are an account of the terrible first execution and a number of the subsequent gruesome employments of the chair. The text explores the changing attitudes toward the chair as state after state replaces it with lethal injection.
"Tackling prison overcrowding" is a response to controversial proposals for prisons and sentencing set out in by Lord Patrick Carter's "Review of Prisons", published in 2007. The Carter review proposed the construction of vast 'Titan' prisons to deal with the immediate problem of prison overcrowding, the establishment of a Sentencing Commission as a mechanism for keeping judicial demand for prison places in line with supply, along with further use of the private sector, including private sector management methods. "Tackling prison overcrowding" comprises nine chapters by leading academic experts, who expose these proposals to critical scrutiny. They take the Carter Report to task for construing the problems too narrowly, in terms of efficiency and economy, and for failing to understand the wider issues of justice that need addressing. They argue that the crisis of prison overcrowding is first and foremost a political problem - arising from penal populism - for which political solutions need to be found. This accessible report will be of interest to policy makers, probation practitioners, academics and other commentators on criminal policy.
Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime.The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing for Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.
The expansion and intensification of coercive powers is a global phenomenon, reflecting the fragility of social order and the authority of ruling elites in the 21st century.Relationships of domination, powerlessness and resistance, still characterize the carceral experience.
Rectifying the fact that little criminological attention has been paid to the notion that the security of flows increasingly embodies concerns at the heart of contemporary policing practices, this book makes a significant contribution to knowledge about the policing and security governance of flows. The book focuses on how the growing centrality of flows affects both contemporary 'risks' and the policing organisations in charge of managing them. The contributors analyse flows such as event security; border controls and migration; the movement of animal parts; security-related intelligence; and organisational flows. The emerging criminology of these, as well as flows of money, information and numerous commodities, from pharmaceuticals to minerals or malicious software, is leading to critical advances in the understanding of the changing harm landscapes and the practices that have developed to manage them. Taken as a whole, the book opens up the conversation, and encourages the invention of new conceptual, theoretical and methodological tools to help criminology tackle and better understand the mobile world in which we live. This book was originally published as a special issue of Global Crime.
Women and families within the criminal justice system (CJS) are increasingly the focus of research and this book considers the timely issues of intersectionality, violence and gender. With insights from frontline practice and from the lived experiences of women, the collection examines prison experiences in a post-COVID-19 world, domestic violence and the successes and failures of family support. A companion to the first edited collection, Critical Reflections on Women, Family, Crime and Justice, the book sheds new light on the challenges and experiences of women and families who encounter the CJS. Accessible to both academics and practitioners and with real-world policy recommendations, this collection demonstrates how positive change can be achieved.
How did ideas about crime and criminals change in Europe from
around 1750 to 1940? How did European states respond to these
changes with the development of police and penal institutions?
Clive Emsley attempts to address these questions using recent
research on the history of crime and criminal justice in Europe.
Exploring the subject chronologically, he addresses the forms of
offending, the changing interpretations and understandings of that
offending at both elite and popular levels, and how the emerging
nation states of the period responded to criminal activity by the
development of police forces and the refinement of forms of
punishment. |
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