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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
The purpose of American Penology is to provide a story of punishment's past, present, and likely future. The story begins in the 1600s, in the setting of colonial America, and ends in the present. As the story evolves through various historical and contemporary settings, America's efforts to understand and control crime unfold. The context, ideas, practices, and consequences of various reforms in the ways crime is punished are described and examined. Though the book's broader scope and purpose can be distinguished from prior efforts, it necessarily incorporates many contributions from this rich literature. While this enlarged second edition incorporates select descriptions and contingencies in relation to particular eras and punishment ideas and practices, it does not limit itself to individual "histories" of these eras. Instead, it uses history to frame and help explain particular punishment ideas and practices in relation to the period and context from which they evolved. The authors focus upon selected demographic, economic, political, religious, and intellectual contingencies that are associated with historical and contemporary eras to show how these contingencies shaped America's punishment ideals and practices. In offering a new understanding of received notions of crime control in this edition, Blomberg and Lucken not only provide insights into the future of punishment, but also show how the larger culture of control extends beyond the field of criminology to have an impact on declining levels of democracy, freedom, and privacy.
An eye-opening look at how incarcerated people, health professionals, and others behind and beyond bars came together to problem-solve incarceration. Raising the Living Dead is a history of Puerto Rico's carceral rehabilitation system that brings to life the interactions of incarcerated people, their wider social networks, and health care professionals. Alberto Ortiz Diaz describes the ways that multiple communities of care came together both inside and outside of prisons to imagine and enact solution-oriented cultures of rehabilitation from the 1930s to the 1960s. Scientific and humanistic approaches to well-being were deliberately fused to raise the "living dead," an expression that reemerged in the modern Caribbean to refer to prisoners. These reform groups sought to raise incarcerated people physically, mentally, socially, spiritually, and civically. The book is based on deep, original archival research into the Oso Blanco (White Bear) penitentiary in Puerto Rico, yet it situates its study within Puerto Rico's broader carceral archipelago and other Caribbean prisons. The agents of this history include not only physical health professionals, but also psychologists and psychiatrists, social workers, spiritual and religious practitioners, and, of course, the prisoners and their families. By following all these groups and emphasizing the interpersonal exercise of power, Ortiz Diaz tells a story that goes beyond debates about structural and social control. The book addresses key issues in the history of prisons and the histories of medicine and belief, including how prisoners' different racial, class, and cultural identities shaped their incarceration and how professionals living in a colonial society dealt with the challenge of rehabilitating prisoners for citizenship. Raising the Living Dead is not just about convicts, their immediate interlocutors, and their contexts, however, but about how together these open a window into the history of social uplift projects within the (neo)colonial societies of the Caribbean. There is no book like this in Caribbean historiography; few examine these themes in the larger literature on the history of prisons.
What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? In legal discourse, the distinction between punishment and vengeance-punishment being the measured use of legally sanctioned violence and vengeance being a use of violence that has no measure-is expressed by the idea of "cruel and unusual punishment." This phrase was originally contained in the English Bill of Rights (1689). But it (and versions of it) has since found its way into numerous constitutions and declarations, including Article 5 of the Universal Declaration of Human Rights, as well as the Amendment to the US Constitution. Clearly, in order for the use of violence to be legitimate, it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not, and its application in punitive practice is constituted by a host of extra-legal factors and social and political structures. It is this essential contestability of the limit which distinguishes punishment from violence that this book addresses. And, including contributions from a range of internationally renowned scholars, it offers a plurality of original and important responses to the contemporary question of the relationship between punishment and the limits of law.
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.
Although service outsourcing has spread throughout Canada's prisons and jails, into its police, courts, and national security institutions, and along the border in recent decades, the expanding scope and pace of corporate involvement in criminal justice functions has not yet been closely investigated. Changing of the Guards provides a detailed assessment of privatization and private influence across the twenty-first-century Canadian criminal justice system. It illuminates the many consequences of public-private arrangements for law and policy, transparency, accountability, the administration of justice, equity, and the public. This trenchant analysis raises issues that are relevant in Canada and abroad.
From a highly accredited criminal law professor at the University of North Carolina, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it When Americans think of the criminal justice system, the image that pops into their minds is a trial. They envision a standard courtroom scene with a defendant, attorneys, a judge, and most importantly, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the Constitution (Article III, Section 2) and the Bill of Rights (the Sixth Amendment). It's supposed to be an inalienable right that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick illustrates that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the inexorable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. In 2018, more than 97 percent of defendants pleaded guilty. The consequences are dire. Nearly every aspect of our criminal justice system is designed to encourage defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is clogging our jails and punishing its citizens because it's the path of least resistance.
Juvenile Offenders and Guns explores how and why twenty-five incarcerated young men of color acquired and used guns, and how guns made them feel. Guns have multiple meanings and serve many purposes for these youth as they attempt to construct a capable masculinity in their worlds, growing up in homes where money is often scarce and fathers absent.
Contributors address a range of themes including prisoner interactions, gender and patriarchal domination in women's prisons, as well as health care and mental health behind bars.
This book is an interdisciplinary collection of essays on Le Groupe d'information sur les prisons (The Prisons Information Group, or GIP). The GIP was a radical activist group, extant between 1970 and 1973, in which Michel Foucault was heavily involved. It aimed to facilitate the circulation of information about living conditions in French prisons and, over time, it catalyzed several revolts and instigated minor reforms. In Foucault's words, the GIP sought to identify what was 'intolerable' about the prison system and then to produce 'an active intolerance' of that same intolerable reality. To do this, the GIP 'gave prisoners the floor,' so as to hear from them about what to resist and how. The essays collected here explore the GIP's resources both for Foucault studies and for prison activism today.
A fascinating record of how London and Londoners were shaped by nearly 700 years of public executions. More frequent in London than in any other city or town in Britain, these morbid spectacles often attracted tens of thousands of onlookers at locations across the capital and were a major part of Londoners' lives for centuries. From Smithfield to Kennington, Tyburn to Newgate Prison, public executions became embedded in London's landscape and people's lives. Even today, hints of this dark chapter in London's history can still be seen across the city. Featuring the lives and legacies of those who died or who witnessed public executions first hand from 1196 to 1868, this book tells the rarely told and often tragic human stories behind these events. It includes a range of fascinating objects, paintings and documents, many from the Museum of London's collections, such as the vest said to have been worn by King Charles I when he was executed, portraits of 'celebrity criminals', and last letters of the condemned. From the sites of execution to the thriving 'gallows' economy, the book reveals the role that Londoners played as both spectators and participants in this most public demonstration of state power over the life and death of its citizens.
Handbook of Restorative Justice is a collection of original, cutting-edge essays that offer an insightful and critical assessment of the theory, principles and practices of restorative justice around the globe. This much-awaited volume is a response to the cry of students, scholars and practitioners of restorative justice, for a comprehensive resource about a practice that is radically transforming the way the human community responds to loss, trauma and harm. Its diverse essays not only explore the various methods of responding nonviolently to harms-done by persons, groups, global corporations and nation-states, but also examine the dimensions of restorative justice in relation to criminology, victimology, traumatology and feminist studies. In addition. They contain prescriptions for how communities might re-structure their family, school and workplace life according to restorative values. This Handbook is an essential tool for every serious student of criminal, social and restorative justice.
"Michael Welch?s book is an invitation to think. It is an invitation to grow intellectually and critically, as a consumer of crime policy and an observer of the American scene. Written by a scholar who has dedicated his work to uncovering the hidden ironies of formal crime policy, this is a collection of essays of depth and significance. Those who read it will be challenged, and those who engage with the challenges contained within these pages will have their views of the realities of penal policy changed: deepened, and made more honest, more complete. More true." --from the Foreword by Todd R. Clear, Florida State University Punishment in America offers readers a critical examination of the so-called back end of the criminal justice system, namely, incarceration. The book integrates various levels of analysis ranging from the macrosociological aspects of punishment to the meso (organizational) and micro (individual) dimensions of imprisonment. The overarching themes of Punishment in America are social control and the ironic effects of incarceration. In an effort to reduce crime, the criminal justice system ironically produces various self-defeating measures. Moreover, these pitfalls in current correctional policy and practice which neglect fundamental social inequality merely compound the problem of crime.
Edited by Sarah Fiander (Wilfrid Laurier University - Brantford), Ashley Chen (University of Ottawa) and Justin Piche (University of Ottawa), Volume 23(2) of the Journal of Prisoners on Prisons features selected papers written by prisoners presented at the Fifteenth International Conference on Penal Abolition (ICOPA 15) which discussed prison, abolitionism and reform.
Conversations about rehabilitation and how to address the drugs-crime nexus have been dominated by academics and policymakers, without due recognition of the experience and knowledge of practitioners. Not enough is known about the cultures and conditions in which rehabilitation occurs. Why is it that significant numbers of practitioners are leaving the alcohol and other drugs field, while disproportionate numbers of criminal justice practitioners are on leave? Rehabilitation Work provides a unique insight into what happens behind the closed doors of prisons, probation and parole offices, drug rehabs, and recovery support services drawing on research from Australia. This book is among the first to provide a dedicated empirical examination of the interface between the concurrent processes of desistance from crime and recovery from substance misuse, and the implications for rehabilitation work. Hannah Graham uses practitioner interviews, workforce data and researcher observations to reveal compelling differences between official accounts of rehabilitation work, and what practitioners actually do in practice. Practitioners express a desire to be the change rather than being subject to change, actively co-producing progressive reforms instead of passively coping with funding cutbacks and interagency politics. Applied examples of how practitioners collaborate, lead and innovate in the midst of challenging work are complemented with evocative illustrations of insider humour and professional resilience. This book is a key resource for students, academics and practitioners across fields including criminology and criminal justice, social work, psychology, counselling and addiction treatment.
Nineteenth-Century Female Poisoners investigates the Essex poisoning trials of 1846 to 1851 where three women were charged with using arsenic to kill children, their husbands and brothers. Using newspapers, archival sources (including petitions and witness depositions), and records from parliamentary debates, the focus is not on whether the women were guilty or innocent, but rather on what English society during this period made of their trials and what stereotypes and stock-stories were used to describe women who used arsenic to kill. All three women were initially presented as 'bad' women but as the book illustrates there was no clear consensus on what exactly constituted bad womanhood.
This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
Young Offenders provides one of the most in-depth studies of young males seeking, if often failing, to find a life beyond crime and punishment. Through rich interview data of young offenders over a ten year period, this book explores the complex personal and situational factors that promote and derail the desistance process.
Drawing on Foucault's later work on governmentality, this book traces the effects of 'the rise of risk' on contemporary social work practice. Focusing on two 'domains' of practice - mental health social work and probation work - it analyses the ways in which risk thinking has affected social work's aims and objectives, methods and approaches.
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.
"Jeanne Stinchcomb's book makes an excellent contribution to the field of corrections serving as a substantial resource for those teaching corrections and as a practical inspiration for those students who will ultimately lead the profession. Stinchomb carefully crafts a balanced perspective that presents a powerful argument for why corrections is an important and necessary part of our criminal justice system while at the same time cautioning that justice can only be served when corrections is implemented with integrity and held to the highest of professional standards....This book will dare those who care about corrections to move beyond the ease of accepting the status quo to optimistically embracing the greater challenges of implementing a just and effective system of corrections." - Faith E. Lutze, Ph.D., Washington State University Written by a master teacher with over a decade of experience in federal, state, and local justice agencies, this is the most comprehensive, yet affordable, corrections text on the market. Students will like everything about it - from the reasonable cost to the user-friendly narrative that keeps them engaged. Chapters are written with the passion of a former correctional trainer and administrator, while balancing both sides of every issue. Based on proven concepts of instructional design, the narrative features: measurable learning outcomes that are placed strategically throughout the chapters material is presented in a "building-block" method designed to enhance learning "Close-up on Corrections" boxes reinforce content with real-life stories and examples. Realistic insights are provided into virtually every aspect of the "correctional conglomerate" - from the impact of sentencing policies to the effects of institutional life and the difficulties of re-entry. Unlike most other texts, an entire chapter is devoted to the correctional workforce - which gives students insights into the challenges as well as rewards of such employment. Best of all for the instructor, the book's flexibility and supplemental material make it a breeze to use in the classroom. Electronic versions are available for online and hybrid courses, and it is customizable in inexpensive paperback form. The instructor's manual, written entirely by the Author of the text itself, includes over 500 high-quality test questions directly correlated with each learning outcome featured in the text, along with annotated websites, teaching tips, and powerpoint slides.
Upon receiving his execution date, one of the thousands of men living on death row in the United States had an epiphany: "All there ever is, is this moment. You, me, all of us, right here, right now, this minute, that's love." Right Here, Right Now collects the powerful, first-person stories of dozens of men on death rows across the country. From childhood experiences living with poverty, hunger, and violence to mental illness and police misconduct to coming to terms with their executions, these men outline their struggle to maintain their connection to society and sustain the humanity that incarceration and its daily insults attempt to extinguish. By offering their hopes, dreams, aspirations, fears, failures, and wounds, the men challenge us to reconsider whether our current justice system offers actual justice or simply perpetuates the social injustices that obscure our shared humanity.
Volume 23, Number 1 of the Journal of Prisoners on Prisons is a general issue edited by Professor Justin Piche (University of Ottawa). In this issue of the JPP, readers will find these three kinds of contributions that, although in written form, offer alternative images that make visible that which takes place inside otherwise opaque prisons. This volume is the first issue of the JPP that will be fully available online as a free download on our website www.jpp.org. While readers are encouraged to continue purchasing subscriptions and hard copies of the journal where possible as sales sustain the publication, we encourage everyone to read and circulate the articles posted online widely.
Political leaders and the popular press tell us that society is in the grip of a moral crisis. 'Where have our values gone?' our newspapers scream at us. 'Benefit scroungers', 'greedy bankers', 'intrusive journalists', 'have-a-go rioters', political scandals and criminals of all shapes and sizes are continually cited as evidence that we live in a modern-day Gomorrah. Criminologists have studied this in several ways, including: media representations of crime, mass incarceration, hooliganism and the exercise of power and control through communities. What criminologists have not studied is the place of morality in shaping public debate about understanding crime and how this then shapes crime control strategies. Rather than dismiss statements about community breakdown, 'broken society' and irresponsibility as ideological, self-justificatory rhetoric, what happens when we take these claims seriously? What do they tell us about the causes of crime? How do they shape the crime control agenda? How else might we begin to understand and explain the relationship between crime and society? Navigating between criminological concerns about control and governance and social theories about culture and identity, this book explores what is meant by crime, community and morality and puts this meaning to the test. Discussion of a new theory of rule-breaking, combined with an analysis of how our justice system is becoming maladapted, makes this essential reading for criminologists around the globe, as well as those general readers interested in the causes of crime.
This book critically examines the operation of the partial defence of provocation in a range of comparative international jurisdictions. Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon explores the divergent approaches taken to reforming the law of provocation.
Exploring the way in which criminal punishment is interpreted and narrated by offenders, this book examines the meaning offenders ascribe to their sentence and the consequences of this for future desistance. |
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