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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment > General
The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Over the last quarter of a century a new system of global criminal justice has emerged; national judges have become bolder in prosecuting crimes committed abroad, special tribunals have been able to target national leaders as well as their henchmen, and a permanent International Criminal Court has been established. But how successful have these ambitious transformations been? Have they ushered in a new era of cosmopolitan justice or are the old principles of victors justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice - focusing on the trials of some of the world s most notorious war criminals, including Augusto Pinochet, Slobodan Milo evi , Radovan Karad i , Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?
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.
This book analyses Labour's policies of local crime control from 1997 through to 2006. Picking up on the Conservative legacy, it follows the establishment of local crime and disorder reduction partnerships and tracks developments from Labour's attempts to subject them to a centrally-imposed performance management regime, through to the emergence of a strong neighbourhoods agenda, combined with the imposition of a largely enforcement-oriented attack on anti-social behaviour. It also explores Labour's attempts to address the causes of crime through a policy agenda that has crystallised around themes of social exclusion, social capital, community cohesion and civil renewal; and that operates through an architecture that aspires to be joined up centrally and locally, and neighbourhood-based. The main focus of the book is upon the unfolding of Labour's 'third way' political project from the centre downwards, but the limitations of this project are exposed through an exploration of a number of key themes. These include Labour's dependence upon the different translations of local practitioners, with whom it engages in a discursive politics of crime reduction versus community safety, and through whom the conceptual and practical weaknesses of evidence-based practice, performance management and joined-up government are revealed.
View the Table of Contents. "Best work of non-fiction about Virginia or by a Virginia
author." "Edds's powerful telling of Washington's experience uses court
documents, personal interviews, and a variety of other sources to
illustrate the political and social circumstances surrounding this
extraordinary case. This book invites the reader to think about how
due process is carried out and implemented. An Expendable Man is a
valuable study of not only the Virginia legal system, but also that
of the United States." "Explores the dark side of the system of capital punishment. The
book not only goes into great detail in recording Earl Washington,
Jr.'s near-execution but also incorporates some history of the
Virginia legal system." "The book is provocative for its vivid characterization and its
study of the death penalty's inherent flaws." "Somewhere between the personal narratives found in H. Bruce
Franklin's collection "Prison Writing in 20th-Century America," the
critical work of Mumia Abu-Jamal, and the recent profusion of
sociological studies of America's accelerated prison economy, An
Expendable Man gives us a moving portrait of a broad-based struggle
on behalf of one man, and implies ways in which the halls of
justice might become more just." "Careful documentation. Edge-of-the-seat human drama. An
exploration of loopholes in judicial safeguards against wrongful
executions. An Expendable Man contains all of these--and
more." "An Expendable Man forcefully describes how anumber of deeply
committed people resurrected the hope of an innocent man. Edds's
narrative painstakingly follows the sinuous protocols of due
process in America. An Expendable Man gives us a moving portrait of
a broad-based struggle on behalf of one man, and implies ways in
which the halls of justice might become more just." "One of the unique features of the book is its detailed
explanation of the death penalty procedure in Virginia, which is
second only to Texas in its number of executions." "A fascinating story, told colorfully and with the law and
justice the final victor." "With chilling clarity, Margaret Edds peels back the layers of
the legal, judicial and social orders to explain how an innocent
man comes within nine days of execution." "Earl Washington's story reveals the dark side of a system that
is not known for admitting its mistakes. We have a lot to learn
from this case, which highlights many of the problems we see over
and over again in cases of wrongful conviction." "Margaret Edds' book on Earl Washington shows the heavy
handedness with which our society deals with those it deems
expendable. It demonstrates how the politics of the death penalty
skews our moral compass and how a small group of volunteers toiled
for many years to set it straight for one expendable man. Whatever
your position on the death penalty, if you want to know how it
actually works, read this book." "In An ExpendableMan, Margaret Edds gives a whole new meaning to
the 'Virginia Reel, ' sending the reader spinning off into dizzying
fits of confusion and rage. As she carries us deeper and deeper
into the Virginia justice system, one almost understands how
helpless Earl Washington must have felt in the hands of those
intent on killing him for something he didn't do. Edds here exposes
criminal justice in Virginia as a triumph of style over substance,
laying bare the ease with which the aseat of democracy' became a
fortress of hypocrisy." "Whether you support or oppose the death penalty, you need to
understand what almost happened to a man named Earl Washington.
Margaret Edds tells his tragic, arresting story with remarkable
sensitivity and a clear-eyed understanding of the stakes not just
for Earl Washington, but for all of us." How is it possible for an innocent man to come within nine days of execution? An Expendable Man answers that question through detailed analysis of the case of Earl Washington Jr., a mentally retarded, black farm hand who was convicted of the 1983 rape and murder of a 19-year-old mother of three in Culpeper, Virginia. He spent almost 18 years in Virginia prisons--9 1/2 of them on death row--for a murder he did not commit. This book reveals the relative ease with which individuals who live at society's margins can be wrongfully convicted, and the extraordinary difficulty of correcting such a wrong once it occurs. Washington was eventually freed in February 2001 not because of the legal and judicial systems, but in spite of them. WhileDNA testing was central to his eventual pardon, such tests would never have occurred without an unusually talented and committed legal team and without a series of incidents that are best described as pure luck. Margaret Edds makes the chilling argument that some other "expendable men" almost certainly have been less fortunate than Washington. This, she writes, is "the secret, shameful underbelly" of America's retention of capital punishment. Such wrongful executions may not happen often, but anyone who doubts that innocent people have been executed in the United States should remember the remarkable series of events necessary to save Earl Washington Jr. from such a fate.
This volume of the JPP looks at the aging process inside prisons, where every problem is amplifi ed by the prisoner's age. From the changing nature of dreams, valiant attempts to forestall mental decline, and thwarted attempts to access education, to the pain of watching children grow up without them, and the impossibility of adequate care in their declining years, prisoners share the desperation of growing old behind bars. Even in the stultifying environment of prison, however, personal growth can and does fl ourish and prisoners can contribute in many ways. Is the person who committed a crime in 1965 or 1985 still the same person in 2005? The resilience of the human spirit and the power of time, even in the absence of any other encouragement towards rehabilitation, have proven themselves over and over again. But even "model prisoners" are permanently held suspect. What kind of justice system have we constructed when even professed Christians no longer believe in redemption and forgiveness? "Godot never arrived, and Vladimir and Estragon only grew older while they waited."
The Government has embarked on a programme of radical reform for the probation and prison services with the setting up of a National Offender Management Service (NOMS). The aim is to make the two services work more effectively together, and to promote private sector involvement in 'corrections' work. This groundbreaking volume takes a critical look at the different aspects of the NOMS proposals, at a time when the Government is still working out the detail of its reforms. No other academic publication has scrutinised the NOMS proposals so closely. Through six contributions from leading experts on probation and criminal justice the report identifies the risks attached to NOMS; assesses the prospects of success; provides ideas for reshaping government plans and presents an authoritative critique of a set proposals that could go badly wrong. The report will be crucial reading for politicians, civil servants and criminal justice managers. Senior probation and prison staff will find it of particular value.
Popular Injustice focuses on the spread of highly punitive forms of social control (known locally as mano dura) in contemporary Latin America. Many people have not only called for harsher punishments, such as longer prison sentences and the reintroduction of capital punishment, but also support vigilante practices like lynchings. In Guatemala, hundreds of these mob killings have occurred since the end of the country's armed conflict in 1996. Drawing on dozens of interviews with residents of lynching communities, Godoy argues that while these acts of violence do reveal widespread frustration with the criminal justice system, they are more than simply knee-jerk responses to crime. They demonstrate how community ties have been reshaped by decades of state violence and by the social and economic changes associated with globalization.
Corrections in the Community, Seventh Edition, examines the current state of community corrections and proposes an evidence-based approach to making programs more effective. As the U.S. prison and jail systems continue to struggle, options like probation, parole, alternative sentencing, and both residential and non-residential programs in the community continue to grow in importance. This text provides a solid foundation and includes the most salient information available on the broad and dynamic subject of community corrections. Authors Latessa and Lovins organize and evaluate the latest data on the assessment of offender risk/need/responsivity and successful methods that continue to improve community supervision and its effects on different types of clients, from those with mental illness or substance abuse problems to juveniles. This book provides students with a thorough understanding of the theoretical and practical aspects of community corrections and prepares them to evaluate and strengthen these crucial programs. This seventh edition includes new chapters on pretrial, and graduated responses as well as updated information on specialty drug and other problem-solving courts. Now found in every state, these specialty courts represent a way to deal with some of the most devastating problems that face our population, be it substance abuse or re-entry to the community from prison. Chapters contain key terms, boxed material, review questions, and recommended readings, and a glossary is provided to clarify important concepts. The instructor's guide is expanded, offering sample syllabi for semester, quarter, and online classes; student exercises; research and information links; and a transcription of the Bill of Rights. A test bank and lecture slides are also available at no cost.
As the world becomes ever more unequal, people become ever more 'disposable'. Today, governments systematically exclude sections of their populations from society through heavy-handed policing. But it doesn't always go to plan. William I. Robinson exposes the nature and dynamics of this out-of-control system, arguing for the urgency of creating a movement capable of overthrowing it. The global police state uses a variety of ingenious methods of control, including mass incarceration, police violence, US-led wars, the persecution of immigrants and refugees, and the repression of environmental activists. Movements have emerged to combat the increasing militarization, surveillance and social cleansing; however many of them appeal to a moral sense of social justice rather than addressing its root - global capitalism. Using shocking data which reveals how far capitalism has become a system of repression, Robinson argues that the emerging megacities of the world are becoming the battlegrounds where the excluded and the oppressed face off against the global police state.
Can offenders be rehabilitated? Can this be done in ways that benefit the community as a whole, as well as offenders? This book is about the history, theory, practice and effectiveness of rehabilitation. It shows how different beliefs about the value of rehabilitation and about 'what works' have influenced criminal justice policy and practice at different times, and it identifies a number of promising approaches for the future. Everyone interested in the rehabilitation of offenders should read this book.
Prisons and AIDS is the first book to offer critical information on the proliferation of HIV and AIDS among prison populations and to provide a much needed resource for the design and implementation of education and prevention programs within correctional facilities. Written by experts in the field - including lead author Ronald L. Braithwaite, one of the foremost authorities on public health in the United States - this comprehensive resource is grounded in solid research, including survey information funded by the National Institute of Justice and the Centers for Disease Control. The book details numerous case studies from a variety of correctional facilities that reveal compelling information on frequency of sexual contact, drug use, needle sharing, tattooing, and the lack of access to condoms among inmates. In response to the disproportionately high incarceration rate of ethnic minorities, the authors provide strategies for developing culturally sensitive HIV/AIDS prevention programs in correctional settings. The book also documents differences in the patterns of HIV/AIDS cases among adult and juvenile and male and female inmates and explores policies and programs relevant to these populations, including education and prevention, testing and disclosure, partner notification, and housing. Written for policymakers, researchers, educators, health and human service providers, managers, and administrators of correctional institutions and community-based organizations, Prisons and AIDS provides the essential information for making informed decisions concerning this growing public health crisis.
Despite plentiful discussion at various times, the personal victim has traditionally been afforded almost no formal role in the criminal justice process. Victims' rights have always met with stout opposition from both judges and the Lord Chancellor, who have guarded defendants' rights; the maintenance of professionally-controlled and emotionally unencumbered trials; and the doctrine that crime is at heart an offence against society, State, or Sovereign. Constructing Victims' Rights provides a detailed account of how this opposition was overcome, and of the progressive redefinition of victims of crime, culminating in 2003 in proposals for awarding near-rights to victims of crime. Based upon extensive observation, primary papers, and interviews, Paul Rock examines changes in the forms of criminal justice policy-making within the New Labour Government, observing how they shaped political representations and activities centred on victims of crime. He reveals how the issues of new managerialism, restorative justice, human rights, race and racism (after the death of Stephen Lawrence), and the treatment of rape victims after the trial of Ralston Edwards came to form a critical mass that required ordering and reconstruction. Constructing Victims' Rights unpicks and explains the resultant battery of proposals and the deft policy manoeuvre contained in the Domestic Violence, Crime, and Victims Bill of 2003. This, the solution to a seemingly intractable problem, was a work of finesse, proposing on the one hand, the imposition of statutory duties on criminal justice agencies and the granting of access to an Ombudsman, and on the other, a National Victims' Advisory Panel that would afford victims a symbolic voice, and a symbolic champion: a Commissioner for Victims and Witnesses.
With a fresh set of interviews exploring cross-cultural differences and similarities, Volume Three of this book includes lessons from practitioners in a diverse array of countries including Honduras, Japan, Lithuania, the Philippines, Thailand, the Slovak Republic, South Africa, and the United States. This book series is based on the premise that comparing countries around the world and getting 'inside' information about each country's correctional system can be best derived by having people who are seasoned practitioners in each country share their views, experiences, philosophies and ideas. Since most correctional practitioners do not have the time or inclination to encapsulate their experiences into a book chapter, the insight of the practitioner can be best captured by a revealing interview with a researcher given the questions and interview guidelines associated with each chapter. Researchers selected are scholars in corrections, will possibly have conducted original research on the topic, and will have access to the corrections officials in his or her country. Additionally, the researcher exhibits a deep understanding and knowledge of his or her country's correctional system, and questions will be derived specifically from the laws and conditions present. Any current crises or solutions will be able to have focused questions crafted by each researcher, while still having each interviewer stay within the topic areas that the general questions probe. Each researcher explains any esoteric or unusual terminology used by the corrections official, and defines any current issues necessary for the reader's knowledge. While there are many books written on corrections management, ethics, and practices, there is great value in approaching international corrections practices and policies from this unique vantage point and as a result this book will be of interest to academics, researchers, practitioners and both undergraduate and postgraduate students with an interest in corrections and comparative criminal justice studies.
Across Europe, from the dawn of print until the early twentieth century, the news of crime and criminals' public executions was printed in song form on cheap broadsides and pamphlets to be sold in streets and marketplaces by ballad-singers. Singing the News of Death: Execution Ballads in Europe 1500-1900 looks at how and why song was employed across Europe for centuries as a vehicle for broadcasting news about crime and executions, exploring how this performative medium could frame and mediate the message of punishment and repentance. Examining ballads in English, French, Dutch, German, and Italian across four centuries, author Una McIlvenna offers the first multilingual and longue duree study of the complex and fascinating phenomenon of popular songs about brutal public death. Ballads were frequently written in the first-person voice, and often purported to be the last words, confession or 'dying speech' of the condemned criminal, yet were ironically on sale the day of the execution itself. Musical notation was generally not required as ballads were set to well-known tunes. Execution ballads were therefore a medium accessible to all, regardless of literacy, social class, age, gender or location. A genre that retained extraordinary continuities in form and content across time, space, and language, the execution ballad grew in popularity in the nineteenth century, and only began to fade as executions themselves were removed from the public eye. With an accompanying database of recordings, Singing the News of Death brings these centuries-old songs of death back to life.
Since the 1970s, the corrections system has experienced exponential growth. Over the past four decades, the number of inmates held in US prisons and jails has quadrupled. This massive growth is associated with a number of different issues and challenges within prisons and jails, including overcrowding; gang activity and misconduct; a shift away from rehabilitation and programming; expanded use of solitary confinement; inmates' human rights; criticisms of health care; and massive, publicly funded budgets. Many states now spend more on corrections than on higher education. This book explores these issues in depth. It takes current topics in institutional corrections and explores the main issues surrounding each. Themes include institutional corrections, prison behavior (including gangs and misconduct), solitary confinement, prison programming, and rehabilitation.
In this fascinating new work, Karen Duke explores the conflicts and contradictory pressures in the development of prison drugs policy in Britain from 1980 to the present. Based on interviews with key policy actors and documentary analysis, it explores how policy networks around drug issues in prisons have attempted to contain the contradictions between treatment and punishment and how their activities have been shaped by the ways in which the drugs issue is framed, the roles of research, evidence and knowledge, and the impact of wider social, political, policy and institutional contexts.
While state and federal prisons like Attica and Alcatraz occupy a central place in the national consciousness, most incarceration in the United States occurs within the walls of local jails. In This Is My Jail, Melanie D. Newport situates the late twentieth-century escalation of mass incarceration in a longer history of racialized, politically repressive jailing. Centering the political actions of people until now overlooked-jailed people, wardens, corrections officers, sheriffs, and the countless community members who battled over the functions and impact of jails-Newport shows how local, grassroots contestation shaped the rise of the carceral state. As ground zero for struggles over criminal justice reform, particularly in the latter half of the twentieth century, jails in Chicago and Cook County were models for jailers and advocates across the nation who aimed to redefine jails as institutions of benevolent transformation. From a slave sale on the jail steps to new jail buildings to electronic monitoring, from therapy to job training, these efforts further criminalized jailed people and diminished their capacity to organize for their civil rights. With prisoners as famous as Al Capone, Dick Gregory, and Harold Washington, and a place in culture ranging from Upton Sinclair's The Jungle to B. B. King's Live in Cook County Jail, This Is My Jail places jails at the heart of twentieth-century urban life and politics. As a sweeping history of urban incarceration, This Is My Jail shows that jails are critical sites of urban inequality that sustain the racist actions of the police and judges and exacerbate the harms wrought by housing discrimination, segregated schools, and inaccessible health care. Structured by liberal anti-Blackness and legacies of violence, today's jails reflect longstanding local commitments to the unfreedom of poor people of color.
This book presents a sociological account of the relationship between policing and cultural change in England since 1945. The book revises the established view that the once revered English police have been 'demystified' in this period. The authors draw on documentary analysis of official 'representations' of policing, and oral historical research with citizens, police officers, former government ministers and civil servants, to provide a re-assessment of the symbolic and political significance of policing within contemporary culture.
Corrections in the Community, Seventh Edition, examines the current state of community corrections and proposes an evidence-based approach to making programs more effective. As the U.S. prison and jail systems continue to struggle, options like probation, parole, alternative sentencing, and both residential and non-residential programs in the community continue to grow in importance. This text provides a solid foundation and includes the most salient information available on the broad and dynamic subject of community corrections. Authors Latessa and Lovins organize and evaluate the latest data on the assessment of offender risk/need/responsivity and successful methods that continue to improve community supervision and its effects on different types of clients, from those with mental illness or substance abuse problems to juveniles. This book provides students with a thorough understanding of the theoretical and practical aspects of community corrections and prepares them to evaluate and strengthen these crucial programs. This seventh edition includes new chapters on pretrial, and graduated responses as well as updated information on specialty drug and other problem-solving courts. Now found in every state, these specialty courts represent a way to deal with some of the most devastating problems that face our population, be it substance abuse or re-entry to the community from prison. Chapters contain key terms, boxed material, review questions, and recommended readings, and a glossary is provided to clarify important concepts. The instructor's guide is expanded, offering sample syllabi for semester, quarter, and online classes; student exercises; research and information links; and a transcription of the Bill of Rights. A test bank and lecture slides are also available at no cost.
The United States has the highest incarceration and execution rate in the industrialized world; 70 percent of the nearly two million incarcerated in prisons and immigration detention centers are people of color. States of Confinement uncovers the political, social, and economic biases in policing and punishment. The distinguished contributors— Angela Y. Davis, Manning Marable, Gary Marx, Robert Meeropol, Julie Su, and Judi Bari—discuss abuses of police powers in American society. They expose racial profiling and sentencing disparities that target African Americans and Latinos, the sexual exploitation of women, racist and homophobic violence, the policing of Asian Americans and Arabs, the conditions of HIV-positive prisoners, the use of the Grand Jury and police to undermine political activity, and environmental activism.
We lock up more young people than any other country in Europe but do we know what happens when they are put into custody? What is the impact on them of a prison regime? Can it be a constructive, rehabilitative experience or does the culture of prison make this possible? Is being removed from home and community inevitably destructive of can it give some youngsters a chance to sort out chaotic lives? Can prison be the place to address the severe problems of physical and sexual abuse, violence, disadvantage, failure, and self-loathing that so many who end up inside suffer? Or is locking them up the ultimate failure of a society that cannot find a better way to deal with its problem young? Angela Neustatter visits young offenders, governors, staff, HM Chief Inspector of Prisons, the Probation Service,Youth Offending Teams, voluntary agencies and campaigning organisations to find some answers to these important questions, and puts forward recommendations for improving the way society deals with children who break the law.
This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of TA1/4bingen. The contributors include many of the leading authorities in the burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest
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.
Community penalties are punishments that, in the courts'
sentencing tariff, come between imprisonment and fines. They
include electronic tagging, supervised unpaid work, and compulsory
participation by offenders in treatment programmes. |
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