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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
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.
Leading crime expert Christopher Berry-Dee gained the trust of some of the most infamous convicted killers, having corresponded with them and even entered their prison lairs to discuss their horrific crimes in detail. In this book, he presents six unforgettable prisoners and allows them to tell their stories, as well as giving the details and background of their terrifying cases - making this a must-read for aficionados of the genre and anyone fascinated by the extremes of human behaviour. Beyond the headlines, once the drama of the courtroom has subsided and the prison gates have been locked behind these killers for good, Talking With Serial Killers: Dead Men Talking allows the reader to get up close and personal with torturers, sexual psychopaths and mass murderers, to read the stories that are rarely heard and get the last word from some of the world's most pitiless killers.
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.
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.
This book presents an in-depth analysis of how statutory and third sector organisations have faced the challenge of dealing with former 'terrorists'. Offering a theoretically robust, empirically rich account of work with ex-prisoners and those considered 'at risk' of involvement in extremism in the United Kingdom, Marsden dissects the problems governments are facing in dealing with the effects of 'radicalisation'. Increasingly, governments are struggling with the challenge of dealing with those who have become involved in extremism, and yet, comparatively little is known about how and why people renounce violence. Nor are existing efforts to 'deradicalise' extremists well understood. Arguing that reintegration is a more appropriate framework than 'deradicalisation', Marsden looks in detail at the mechanisms by which people can be supported to move away from extremism. By drawing out implications for policy, practice and academic debates around disengagement from radical subcultures, this book makes a significant contribution to an issue only likely to grow in importance for scholars of criminological theory, terrorism and justice.
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.
The Routledge Handbook of Graffiti and Street Art integrates and reviews current scholarship in the field of graffiti and street art. Thirty-seven original contributions are organized around four sections: History, Types, and Writers/Artists of Graffiti and Street Art; Theoretical Explanations of Graffiti and Street Art/Causes of Graffiti and Street Art; Regional/Municipal Variations/Differences of Graffiti and Street Art; and, Effects of Graffiti and Street Art. Chapters are written by experts from different countries throughout the world and their expertise spans the fields of American Studies, Art Theory, Criminology, Criminal justice, Ethnography, Photography, Political Science, Psychology, Sociology, and Visual Communication. The Handbook will be of interest to researchers, instructors, advanced students, libraries, and art gallery and museum curators. This book is also accessible to practitioners and policy makers in the fields of criminal justice, law enforcement, art history, museum studies, tourism studies, and urban studies as well as members of the news media. The Handbook includes 70 images, a glossary, a chronology, and the electronic edition will be widely hyperlinked.
Originally published in 1974 and the recipient of the Denis Carroll Book Prize at the World Congress of the International Criminology Society in 1978, Thomas Mathiesen's The Politics of Abolition is a landmark text in critical criminology. In its examination of Scandinavian penal policy and call for the abolition of prisons, this book was enormously influential across Europe and beyond among criminologists, sociologists and legal scholars, as well as advocates of prisoners' rights. Forty years on and in the context of mass incarceration in many parts of the world, this book remains relevant to a new generation of penal scholars. This new edition includes a new introduction from the author, as well as an afterword that collects contributions from leading criminologists and inmates from Germany, England, Norway and the United States to reflect on the development and current state of the academic literature on penal abolition. This book will be suitable for academics and students of criminology and sociology, as well as those studying political science. It will also be of great interest to those who read the original book and are looking for new insights into an issue that is still as important and topical today as it was forty years ago.
"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.
Punishing the Other draws on the work of Zygmunt Bauman to discuss contemporary discourses and practices of punishment and criminalization. Bringing together some of the most exciting international scholars, both established and emerging, this book engages with Bauman's thesis of the social production of immorality in the context of criminalization and social control and addresses processes of 'othering' through a range of contemporary case studies situated in various cultural, political and social contexts. Topics covered include the increasing bureaucratization of the business of punishment with the corresponding loss of moral and ethical reflection in the public sphere; punitive discourses around border control and immigration; and exclusionary discourses and their consequences concerning 'terrorists' and other socially and culturally defined outsiders. Engaging with national and global issues that are more topical now than ever before, this book is essential reading for academics and students of involved in the study of the sociology of punishment, punishment and modern society, the criminal justice system, philosophy and punishment, and comparative criminology and penology.
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. |
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