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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
The first authoritative volume to look back on the last 50 years of The Open University providing higher education to those in prison, this unique book gives voice to ex-prisoners whose lives have been transformed by the education they received. Offering vivid personal testimonies, reflective vignettes and academic analysis of prison life and education in prison, the book marks the 50th anniversary of The Open University.
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.
San Quentin State Prison, California's oldest prison and the nation's largest, is notorious for once holding America's most dangerous prisoners. But in 2008, the Bastille-by-the-Bay became a beacon for rehabilitation through the prisoner-run newspaper the San Quentin News. Prison Truth tells the story of how prisoners, many serving life terms, transformed the prison climate from what Johnny Cash called a living hell to an environment that fostered positive change in inmates' lives. Award-winning journalist William J. Drummond takes us behind bars, introducing us to Arnulfo Garcia, the visionary prisoner who led the revival of the newspaper. Drummond describes how the San Quentin News, after a twenty-year shutdown, was recalled to life under an enlightened warden and the small group of local retired newspaper veterans serving as advisers, which Drummond joined in 2012. Sharing how officials cautiously and often unwittingly allowed the newspaper to tell the stories of the incarcerated, Prison Truth illustrates the power of prison media to humanize the experiences of people inside penitentiary walls and to forge alliances with social justice networks seeking reform.
The legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a critique of restorative justice as well as with analytical thinking that aims to push its barriers. It is hoped that the investigations offered by this volume not only offer hope for a better system for abolitionists and reformists, but also new and convincing evidence to persuade the sceptics in the debate over restorative justice.
This book explores the development and implementation of Child First as an innovative guiding principle for improving youth justice systems. Applying contemporary research understandings of what leads to positive child outcomes and safer communities, Child First challenges traditional risk-led and stigmatising approaches to working with children in trouble. It has now been adopted as the four-point guiding principle for all policy and practice across the youth justice system in England and Wales, it is becoming a key reform principle for youth justice in Northern Ireland, and it is increasingly influential across several western jurisdictions. With contributions from academics, policymakers and practitioners, this book critically charts the progress and challenges in establishing a progressive evidence-led youth justice system. Its dynamic and accessible integration of theory, research, policy and practice, alongside discussion of critical themes, makes it a key read for students on youth crime/justice modules and for a wider market. Stephen Case is Professor of Youth Justice in the Criminology, Sociology and Social Policy division at Loughborough University, UK. Neal Hazel is Professor of Criminology and Criminal Justice in the School of Health and Society at the University of Salford, UK.
The second edition of Suicide and Self-Harm in Prisons and Jails provides a comprehensive exploration of how the stress associated with arrest, sentencing, and incarcerated life can contribute to the onset of a suicidal crisis even among those who never before experienced suicidal ideation or self-harmed. Using the most recent prison and jail suicide data available Christine Tartaro discuses prison and jail administrations' efforts to curtail the use of restrictive housing for inmates with mental illness, more recent suicide screening forms for incarcerated populations, therapeutic options for working with inmates in crisis, appropriate monitoring of people in danger of self-harm, and situational and environmental prevention tactics. Tartaro also provides examples of ways to structure and implement diversion and transition planning programs to improve the odds of facilitating offenders' successful integration into the community and reduce communities' reliance on jails to house and treat people who suffer from mental illness.
This handbook brings together expertise from a range of disciplinary perspectives and geographical contexts to address a key question facing prison policymakers, architects and designers - what kind of carceral environments foster wellbeing, i.e. deliver a rehabilitative, therapeutic environment, or other 'positive' outcomes? The Palgrave Handbook of Prison Design offers insights into the construction of custodial facilities, alongside consideration of the critical questions any policymaker should ask in commissioning the building of a site for human containment. Chapters present experience from Australia, Chile, Estonia, Ireland, New Zealand, Norway, Russia, the United Kingdom, and the United States - jurisdictions which vary widely in terms of the history and development of their prison systems, their punitive philosophies, and the nature of their public discourse about the role and purpose of imprisonment, to offer readers theories, frameworks, historical accounts, design approaches, methodological strategies, empirical research, and practical approaches.
This volume uses four case studies, all with strong London connections, to analyze homicide law and the pardoning process in eighteenth-century England. Each reveals evidence of how attempts were made to negotiate a path through the justice system to avoid conviction, and so avoid a sentence of hanging. This approach allows a deep examination of the workings of the justice system using social and cultural history methodologies. The cases explore wider areas of social and cultural history in the period, such as the role of policing agents, attitudes towards sexuality and prostitution, press reporting, and popular conceptions of "honorable" behavior. They also allow an engagement with what has been identified as the gradual erosion of individual agency within the law, and the concomitant rise of the state. Investigating the nature of the pardoning process shows how important it was to have "friends in high places," and also uncovers ways in which the legal system was susceptible to accusations of corruption. Readers will find an illuminating view of eighteenth-century London through a legal lens.
The work considers the international and European obligations of the UK in the realm of challenging the far-right and assesses the extent to which it adheres to them. It looks at the role of criminal law in tackling hate speech and hate crime and assesses how English law deals with political parties which may deviate from agreed norms and principles such as non-discrimination. The legal analysis is placed within a contextual framework of far-right parties in the United Kingdom and also incorporates a definitional framework in terms of how the law defines themes relevant to challenging the far-right, such as racial discrimination, terrorism and extremism. The book presents a valuable guide for students, academics and policy-makers in the areas of International Human Rights Law, Criminal Law, Comparative Constitutional Law, National Security Law, Comparative Politics and Terrorism Studies.
This book draws on historical and cross-disciplinary studies to critically examine penal practices in Scandinavia. The Nordic countries are often hailed by international observers as 'model societies', with egalitarian welfare policies, low rates of poverty, humane social policies and human rights oriented internal agendas. This book, however, paints a much more nuanced picture of the welfare policies, ideologies and social control in strong centralistic states. Based on extensive new empirical data, leading Nordic and international scholars discuss the relationship between prison conditions in Scandinavia and Scandinavian social policy more generally, and argue that it is not always liberating and constructive to be embraced by a powerful welfare state. This book is essential reading for researchers of state punishment in Scandinavia, and it is highly relevant for anyone interested in the 'Nordic Model' of social policy.
This volume specifically examines current concerns about imprisoned fathers and highlights best practices with a group of children and parents who present significant vulnerabilities. It brings together contemporary works in this area, to share and consolidate knowledge, to encourage comparisons and collaborations across jurisdictions, and to stimulate debate, all with the aim of furthering knowledge and improving practice in this area. Although there is considerable focus on imprisoned mothers, there is limited knowledge or understanding of the needs, experiences, or effective responses to imprisoned fathers and their children, despite men making up the vast majority of the prison population. The ongoing and negative impact of parental incarceration on children is well documented, and includes emotional and behavioural consequences, marginalisation, and stigma, as well as financial and social stresses. However, understanding of these processes, and, importantly, what can assist children and families, is poor. This book seeks to add to the understanding of paternal imprisonment by providing an in-depth exploration of how the arrest, detention, and experiences of fathers during imprisonment can affect their ability to parent and meet the needs of their children. This book was originally published as a special issue of Child Care in Practice.
This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the 'International Bill of Human Rights', academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-a-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences - and longer prison sentences - in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.
Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.
Jacana Media is proud to make this important book available again, now with a completely new introduction. First published by Oceanbooks, New York and Melbourne and University of Natal Press, Pietermaritzburg in 2001, the book was short-listed for the Sunday Times Alan Paton Award in 2002. In the public imagination the struggle that saw the end of apartheid and the inauguration of a democratic South Africa is seen as one waged by black people who were often imprisoned or killed for their efforts. Raymond Suttner, an academic, is one of a small group of white South Africans who was imprisoned for his efforts to overthrow the apartheid regime. He was first arrested in 1975 and tortured with electric shocks because he refused to supply information to the police. He then served 8 years because of his underground activities for the African National Congress and South African Communist Party. After his release in 1983, he returned to the struggle and was forced to go underground to evade arrest, but was re-detained in 1986 under repeatedly renewed states of emergency, for 27 months, 18 of these in solitary confinement, because whites were kept separately and all other whites apart from Suttner were released. In the last months of this detention Suttner was allowed to have a pet lovebird, which he tamed and used to keep inside his tracksuit. When he was eventually released from detention in September 1988 the bird was on his shoulder. Suttner was held under stringent house arrest conditions, imposed to impede further political activities. He, however, defied his house arrest restrictions and attended an Organisation for African Unity meeting in Harare in August 1989 and he remained out of the country for five months. Shortly after his return, when he anticipated being re-arrested, the state of emergency was lifted and the ANC and other banned organisations were unbanned. Suttner became a leading figure in the ANC and SACP. The book describes Suttner’s experience of prison in a low-key, unromantic voice, providing the texture of prison life, but unlike most ‘struggle memoirs’ it is also intensely personal. Suttner is not averse to admitting his fears and anxieties. The new edition contains an introduction where Suttner describes his break with the ANC and SACP. But, he argues, the reason for his rupturing this connection that had been so important to his life were the same – ethical reasons – that had led him to join. He remains convinced that what he did was right and continues to act in accordance with those convictions.
Carceral Space, Prisoners and Animals explores resonances across human and nonhuman carceral geographies. The work proposes an analysis of the carceral from a broader vantage point than has yet been done, developing a 'trans-species carceral geography' that includes spaces of nonhuman captivity, confinement, and enclosure alongside that of the human. The linkages across prisoner and animal carcerality that are placed into conversation draw from a number of institutional domains, based on their form, operation, and effect. These include: the prison death row/ execution chamber and the animal slaughterhouse; sites of laboratory testing of pharmaceutical and other products on incarcerated humans and captive animals; sites of exploited prisoner and animal labor; and the prison solitary confinement cell and the zoo cage. The relationships to which I draw attention across these sites are at once structural, operational, technological, legal, and experiential / embodied. The forms of violence that span species boundaries at these sites are all a part of ordinary, everyday, industrialized violence in the United States and elsewhere, and thus this 'carceral comparison' amongst them is appropriate and timely.
Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
Imprisoned by the Past: Warren McCleskey, Race, and the American Death Penalty connects the history of the American death penalty to the case of Warren McCleskey. By highlighting the relation between American history and an individual case, Imprisoned by the Past provides a unique understanding of the big picture of capital punishment in the context of a compelling human story. McCleskey's criminal law case resulted in one of the most important Supreme Court cases in U.S. legal history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case marks the last that the Supreme Court realistically might have held that capital punishment violates the Eighth Amendment of the U.S. Constitution. As such, the constitutional law case also created a turning point in the death penalty debate in the country. The book connects McCleskey's case - as well as his life and crime - to the issues that have haunted the American death penalty debate since the first executions by early settlers and that still affect the legal system today. Imprisoned by the Past ties together three unique American stories in U.S history. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.
The first comprehensive examination of the US Constitution's Ex Post Facto Clause, surveying its history and the critical role it can and should play in combatting the punitive tendencies of American legislatures. The Ex Post Facto Clause, one of the few civil liberty protections found in the body of the US Constitution, reflects the Framers' acute concern over the tendency of legislatures to enact burdensome retroactive laws targeting unpopular individuals. Over time, a broad array of Americans have invoked the protective cloak of the Clause, including Confederate sympathizers in the late 1860s; immigrants in the early 1900s; Communist Party members in the 1950s; and, since the 1990s, convicted sex offenders. Although the Supreme Court enforced the Clause with vigor during the first several decades of the nation's history, of late the justices have been less than zealous defenders of the security it was intended to provide. And, even more problematic, they have done so amid major changes in the nation's social, political, and institutional life that have made the protections of the Ex Post Facto Clause all the more important. The Ex Post Facto Clause provides the first book-length examination of the history of the Clause and its potential for tempering the punitive impulses of modern American legislatures. Wayne A. Logan chronicles and critiques the evolving treatment of ex post facto claims by the Supreme Court, which has created a body of law that is both at odds with the Framers' intent and ill-suited to the unforgiving and harshly punitive nation that America has become. Drawing on Framing Era history, seminal Supreme Court decisions, and the global embrace of the values underlying the Ex Post Facto Clause, Logan provides a blueprint for how the Clause can play a reinvigorated and more robust role in guarding against the penal populism besetting modern American legislatures.
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.
This newly updated edition connects the past with the present, using the Clarence Thomas hearings -and their characterization by Thomas as a "high-tech lynching"- to examine the links between white supremacy and the sexual abuse of black women, and the difficulty of forging an antiracist movement against sexual violence. "Revolt Against Chivalry" is the account of how Jesse Daniel Ames and the antilynching campaign she led fused the causes of social feminism and racial justice in the South during the 1920s and 1930s. The book traces Ames's political path from suffragism to militant antiracism and provides a detailed description of the Association of Southern Women for the Prevention of Lynching, which served through the 1930s as the chief expression of antilynching sentiment in the white South. "Revolt Against Chivalry" is also a biography of Ames herself: it shows how Ames connected women's opposition to violence with their search for influence and self-definition, thereby leading a revolt against chivalry which was part of both sexual and racial emancipation.
Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the United States between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries investigates and contrasts the rise of the principles of individualization of punishment, social defence, preventive justice, and indeterminate sentencing. The manner in which US and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the US penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in the formulation of the dual-track system with punishment and measures of security. This theoretical divide, discussed at many international congresses and in studies of comparative criminal law, not only reflects two different ideas on the legitimacy and purpose of punishment, but also corresponds to two different constitutional views of criminal law. The book considers the relation between constitutional frameworks (rule of law and Rechtsstaat) and penological claims, explaining how some of the tenets of penal liberalism (such as principle of legality and separation of powers) were affected by penal modernism, even with the rise of authoritarian regimes. It examines the dilemmas provoked by criminology, focusing on the role of the judge in the execution of sentences, the distribution of sentencing powers among judicial and administrative bodies, the balance between social security and individual guarantees, and the inconsistencies of preventive detention. Filling a notable gap in Anglo-American literature by providing a sophisticated panoramic analysis of the development of criminology in late-nineteenth and first half of the twentieth-century Europe, Reinventing Punishment will be of interest to scholars of criminology, criminal law, and criminal justice studies, as well as legal historians and theorists.
A condensed but equally compelling version of the best-selling corrections book on the market, AMERICAN CORRECTIONS IN BRIEF, 3rd Edition, introduces you to the dynamics of corrections in a way that captures your interest and encourages you to enter the field. Complete with valuable career-based material, insightful guest speakers who share their frontline perspectives, illuminating real-world cases, and uniquely even-handed treatment of institutional and community sanctions, the text examines the U.S. correctional system from the perspectives of both the corrections worker and the offender, providing you with a well-rounded, balanced introduction to corrections.
This book explores the identity of Texas as a state with a large and severe penal system. It does so by assessing the narratives at work in Texas museums and tourist sites associated with prisons and punishment. In such cultural institutions, complex narratives are presented, which show celebratory stories of Texan toughness in the penal sphere, as well as poignant stories about the witnessing of executions, comical stories that normalize the harsher aspects of Texan punishment, and presentations about prison officers who have lost their lives in the war on crime. In analysing these representations, the book shows that Texan history plays an important role in the production of Texan self-identity, and that to understand the Texan commitment to harsh punishment we must be prepared to focus on Texan myths and memories. Prisons and Punishment in Texas draws on diverse interdisciplinary work, including criminology, cultural studies about Southern values, as well as research on cultural memory and dark tourism. Museums are shown to be under-researched sites of criminological significance, which offer rich evidence through which penal imaginaries and the cultural role of punishment can be explored. The book will be of great interest to criminologists as well as scholars of sociology, cultural studies, museum studies and politics.
The resurrection of former prisons as museums has caught the attention of tourists along with scholars interested in studying what is known as dark tourism. Unsurprisingly, due to their grim subject matter, prison museums tend to invert the Disneyland "experience, becoming the antithesis of the happiest place on earth." In Escape to Prison, the culmination of years of international research, noted criminologist Michael Welch explores ten prison museums on six continents, examining the complex interplay between culture and punishment. From Alcatraz to the Argentine Penitentiary, museums constructed on the former locations of surveillance, torture, colonial control, and even rehabilitation tell unique tales about the economic, political, religious, and scientific roots of each site's historical relationship to punishment.
For a revolutionary generation of Irishmen and Irishwomen - including suffragettes, labour activists, and nationalists - imprisonment became a common experience. In the years 1912-1921, thousands were arrested and held in civil prisons or in internment camps in Ireland and Britain. The state's intent was to repress dissent, but instead, the prisons and camps became a focus of radical challenge to the legitimacy and durability of the state. Some of these prisons and prisoners are famous: Terence MacSwiney and Thomas Ashe occupy a central position in the prison martyrology of Irish republican culture, and Kilmainham Gaol has become one of the most popular tourist sites in Dublin. In spite of this, a comprehensive history of political imprisonment focused on these years does not exist. In Imprisonment and the Irish, 1912-1921, William Murphy attempts to provide such a history. He seeks to detail what it was like to be a political prisoner; how it smelled, tasted, and felt. More than that, the volume demonstrates that understanding political imprisonment of this period is one of the keys to understanding the Irish revolution. Murphy argues that the politics of imprisonment and the prison conflicts analysed here reflected and affected the rhythms of the revolution. In doing so, he not only reconstructs and assesses the various experiences and actions of the prisoners, but those of their families, communities, and political movements, as well as the attitudes and reactions of the state and those charged with managing the prisoners. |
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