A remarkable new book about a dark stain on modern South Africa – our enormous and problematic prison population – and what we can do to fix it.

"Lock them up and throw away the key!" is a cry we hear often in South Africa today. But this simplistic solution to crime simply isn’t working. As Father Babychan Arackathara, a Catholic chaplain to some of the Western Cape’s most notorious prisons, shows in this compassionate reflection on his work, even criminals have stories, and crime invariably has roots. He listens to those stories and untangles those roots on our behalf, sharing insights into the brokenness of our society and communities – and offering real, workable suggestions for fixing them.

Can we move to the ideal of hating the crime, but loving the criminal? What must we do to see that offenders are themselves victims and to engage them constructively? How do we break the cycles of addiction, trauma and crime to reach for reconciliation and transformation?

The second edition of Criminal Procedure: Legislative Guide is intended for use by students studying criminal procedure.

The Guide is a useful collection of legislation that will assist students with studying, exam preparation and the answering of assignments. The purpose of the Guide is to equip students with the theoretical knowledge and applied skills, aptitudes and competencies necessary to analyse and solve issues and disputes arising from the adjectival process of South African criminal procedure as it applies to adult accused persons and child offenders.

The Misery Merchants is a hard-hitting exposé of G4S, the company running one of South Africa’s private prisons in Mangaung. Hopkins presents up-close encounters with the gangs who run the prisons, and a unique insight into the minds of the men on the torture squad, who doused inmates with water before electrocuting them, and in some cases, strapped down ‘unruly’ prisoners and forced anti-psychotic medicines into their systems.

In the Free State of Ace Magashule, both the gangs and the prison bosses competed to run Mangaung Prison, one of South Africa’s few private prisons. Torture and forced medication were the order of the day. Hopkins, a seasoned journalist, has interviewed over 100 prisoners and many prison warders in order to understand what makes this prison so dysfunctional. Her insights and revelations will astonish you.

This book follows several characters who were held in or worked at the prison. L. is a prison gang general and an advocate for prisoners’ rights. He smuggled information on assaults, injections and corruption out of the prison for the author. Dan is a prison guard and a shop steward for the union. He led the workforce during two strikes and paid for it with his job and union membership. Setlai is a Department of Correctional Services official who blew the whistle on the abuse at Mangaung Prison in 2009. His reports were ignored and he was punished for speaking out. He was criminally charged and moved to another DCS post. Shakes is a member of the Emergency Security Team (EST) also known as the Ninjas. He engaged in torture and abuse but now feels ‘what we did was wrong’.

G4S is the largest security company in the world, and has its claws deep in SA’s government and private companies. Drive down any street and you’ll find a G4S van collecting or delivering money.

George Bizos is one of a distinguished group of human rights lawyers who in the dark days of apartheid sought to uncover the state's role in eliminating its opponents.

Some, like Biko, Timol and Aggett, were arrested and died in detention, while others, like Matthew Goniwe, were abducted and killed. As counsel for the families of the deceased, George Bizos was centrally involved in many of the inquests following these high-profile deaths.

He is thus well placed to tell the story of the great courtroom dramas in which, with devastating skill, he and his colleagues pared away the tissue of lies protecting the security forces and the state functionaries—only to be rewarded with the invariable finding that there was 'no one to blame'.

What was supposed to be a short business trip to Equatorial Guinea turned into a journey to the depths of hell.

Black Beach, located on Bioko island off the mainland of Equatorial Guinea, is one of the world’s most feared prisons, notorious for its brutality and inhumane conditions.

In 2013, South African businessman Daniel Janse van Rensburg set off to the West African country to finalise a legitimate airline contract with a local politician. Within days, Daniel was arrested by the local Rapid Intervention Force and detained without trial in the island’s infamous ‘Guantanamo’ cells, and was later taken to Black Beach. This is his remarkable story of survival over nearly two years, made possible by his unwavering faith and the humanity of a few fellow inmates.

In this thrilling first-person narrative, Daniel relives his ordeal, describing the harrowing conditions in the prison, his extraordinary experiences there, and his ceaseless hope to return to South Africa and be reunited with his family. A story of courage in the face of overwhelming adversity, Black Beach demonstrates the strength of the human spirit and the toll injustice takes on ordinary people who fall foul of the powerful and corrupt.

After matriculating from a top Jewish school, Nikki Munitz finds herself in the clutches of a heroin addiction. She's sent to a remote rehab, run by a pastor who brandishes a tattoo of Satan. There she meets the handsome son of a wealthy Afrikaans family. Lured by the illusion of her ‘happy-ever-after’ she marries him. But the facade soon crumbles.

Money is in short supply. Nikki takes on a job at a reputable law firm. Encrypted passwords are entrusted to her. She begins to siphon small, undetectable amounts from trust funds of loyal clients. The amounts increase. Caught red-handed, she's fired. By the time the law catches up with her, Nikki is clean and sober. On the advice of her lawyer who reassures her she will never go to jail, she pleads guilty to all 37 counts of fraud. After a gruelling 2-year court battle, she's found guilty.

Fraud is a powerful memoir about a young woman who is forced to face her life of deceit in a prison cell where she ultimately finds her freedom to fly.

A NEW YORK TIMES BESTSELLER

OPRAH’S BOOK CLUB 2018 SELECTION

ONE OF BARACK OBAMA'S BEST BOOKS OF 2018

‘Haunting...beautifully written.’ The New York Times Book Review

‘Compelling.’ The Washington Post

‘Epic...transcendent…triumphant.’ Elle

‘It’s among Tayari’s many gifts that she can touch us soul to soul with her words.’ Oprah Winfrey

‘Tayari Jones’ vision, strength, and truth-telling voice have found a new level of artistry and power.’ Michael Chabon, author of The Amazing Adventures of Kavalier & Clay

Newlyweds Celestial and Roy are the embodiment of both the American Dream and the New South. He is a young executive, and she is an artist on the brink of an exciting career. But as they settle into the routine of their life together, they are ripped apart by circumstances neither could have imagined. Roy is arrested and sentenced to twelve years for a crime Celestial knows he didn’t commit. Though fiercely independent, Celestial finds herself bereft and unmoored, taking comfort in Andre, her childhood friend, and best man at their wedding. As Roy’s time in prison passes, she struggles to hold on to the love that has been her centre. When his conviction is suddenly overturned, he returns to Atlanta ready to resume their life together.

This stirring love story is a profoundly insightful look into the hearts and minds of three people who are at once bound and separated by forces beyond their control. An American Marriage is a masterpiece of storytelling, an intimate look deep into the souls of people who must reckon with the past while moving forward – with hope and pain – into the future.

This sixth edition of the established work Principles of Criminal Law, now Burchell’s Principles of Criminal Law, includes a number of compelling new features.

Written by three specialist authors – Emeritus Professor Jonathan Burchell, Professor P J Schwikkard and Dr Tshepo Bogosi Mosaka – it contains substantially improved chapters on corruption, substance abuse and organized crime, as well as fuller debate on consent to die with dignity.

It places greater emphasis on customary law and submissions on mistaken belief in consent in rape cases. There are also new chapters on witchcraft and hate crimes (incorporating hate speech).

Pentecostal Christianity is flourishing inside the prisons of Rio de Janeiro. To find out why, Andrew Johnson dug deep into the prisons themselves. He began by spending two weeks living in a Brazilian prison as if he were an inmate: sleeping in the same cells as the inmates, eating the same food, and participating in the men's daily routines as if he were incarcerated. And he returned many times afterward to observe prison churches' worship services, which were led by inmates who had been voted into positions of leadership by their fellow prisoners. He accompanied Pentecostal volunteers when they visited cells that were controlled by Rio's most dominant criminal gang to lead worship services, provide health care, and deliver other social services to the inmates. Why does this faith resonate so profoundly with the incarcerated? Pentecostalism, argues Johnson, is the "faith of the killable people" and offers ex-criminals and gang members the opportunity to positively reinvent their public personas. If I Give My Soul is a deeply personal look at the relationship between the margins of Brazilian society and the Pentecostal faith, both behind bars and in the favelas, Rio de Janeiro's peripheral neighborhoods. Based on his intimate relationships with the figures in this book, Johnson makes a passionate case that Pentecostal practice behind bars is an act of political radicalism as much as a spiritual experience.

For many Europeans, the persistence of America's death penalty is a stark reminder of American otherness. The practice of state killing is an archaic relic, a hollow symbol that accomplishes nothing but reflects a puritanical, punitive culture - bloodthirsty in its pursuit of retribution. In debating capital punishment, the usual rhetoric points to America's deviance from the western norm: civilized abolition and barbaric retention; 'us' and 'them'. This remarkable new study by a leading social thinker sweeps aside the familiar story and offers a compelling interpretation of the culture of American punishment. It shows that the same forces that led to the death penalty's abolition in Europe once made America a pioneer of reform. That democracy and civilization are not the enemies of capital punishment, though liberalism and humanitarianism are. Making sense of today's differences requires a better understanding of American society and its punishments than the standard rhetoric allows. Taking us deep inside the world of capital punishment, the book offers a detailed picture of a peculiar institution - its cultural meaning and symbolic force for supporters and abolitionists, its place in the landscape of American politics and attitudes to crime, its constitutional status and the legal struggles that define it. Understanding the death penalty requires that we understand how American society is put together - the legacy of racial violence, the structures of social power, and the commitment to radical, local majority rule. Shattering current stereotypes, the book forces us to rethink our understanding of the politics of death and of punishment in America and beyond.

The explosive rise in the U.S. incarceration rate in the second half of the twentieth century, and the racial transformation of the prison population from mostly white at mid-century to sixty-five percent black and Latino in the present day, is a trend that cannot easily be ignored. Many believe that this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people. In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after. Murakawa traces the development of the modern American prison system through several presidencies, both Republication and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more. Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right-physical safety-eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom. The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America

While the use of imprisonment continues to rise in developed nations, we have little sociological knowledge of the prison's inner world. Based on extensive fieldwork in a medium-security prison in the UK, HMP Wellingborough, The Prisoner Society: Power, Adaptation and Social Life in an EnglishPrison provides an in-depth analysis of the prison's social anatomy. It explains how power is exercised by the institution, individualizing the prisoner community and demanding particular forms of compliance and engagement. Drawing on prisoners' life stories, it shows how different prisoners experience and respond to the new range of penal practices and frustrations. It then explains how the prisoner society - its norms, hierarchy and social relationships - is shaped both by these conditions of confinement and by the different backgrounds, values and identities that prisoners bring into the prison environment.
Individual chapters in the book examine the flow of power, social order and governance, social relations and hierarchy, everyday prison culture, politics and economics, and the effects of imprisonment on prisoners. The book also looks at the recent accounts of transformations in penal management and changes in prison policy, and offers comparative content on the quality of prison life by drawing upon quantitative evaluations based on standard UK prison surveys and visits to three other category C prisons.

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.

Studente sal hierdie boek van groot waarde vind by hulle studie van die Strafprosesreg. Dit maak lesers vertroud met die fundamentele beginsels en waardes onderliggend aan hierdie gebied van die reg en lei hulle stelselmatig deur die proses wat op strafsake van toepassing is.

Professor J P Swanepoel (voormalige staatsadvokaat met beduidende praktiese ondervinding in die strafhowe) en Professor J J Joubert is beide afgetrede lede van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika. Professor S S Terblanche (voorheen ’n landdros) is ’n lid van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en het al ruim bygedra tot die literatuur met betrekking tot vonnisoplegging. Professor S E van der Merwe was professor in Publiekreg aan die Universiteit Stellenbosch en is steeds ’n produktiewe skrywer oor hierdie vakgebied. Professor G P Kemp is ’n lid van die Departement Publiekreg van die Universiteit Stellenbosch en sy publikasies oor die strafregspleging verwys gereeld na sy spesialiseringsgebied, die internasionale strafreg. Professor D Ally is Hoof van die Departement Regte van die Tshwane University of Technology en het ’n aantal artikels geskryf met die strafproses as onderwerp, en met besondere verwysing na die impak van die Grondwet op die strafproses. Dr M T Mokoena is Hoof van die Departement Straf- en Prosesreg van die Universiteit van Suid-Afrika en lewer publikasies oor die strafprosesreg, insonderheid borgtog.

Curing systemic inequalities in the criminal justice system is the unfinished business of the Civil Rights movement. No part of that system highlights this truth more than the current implementation of the death penalty. At the Cross tells a story of the relationship between the death penalty and race in American politics that complicates the common belief that individual African Americans, especially poor African Americans, are more subject to the death penalty in criminal cases. The current death penalty regime operates quite differently than it did in the past. The findings of this research demonstrate the the racial inequity in the meting out of death sentences has legal and political externalities that move beyond individual defendants to larger numbers of African Americans. At the Cross looks at the meaning of the death penalty to and for African Americans by using various sites of analysis. Using various sites of analysis, Price shows the connection between criminal justice policies like the death penalty and the political and legal rights of African Americans who are tangentially connected to the criminal justice system through familial and social networks. Drawing on black politics, legal and political theory and narrative analysis, Price utilizes a mixed-method approach that incorporates analysis of media reports, capital jury selection and survey data, as well as original focus group data. As the rates of incarceration trend upward, Black politics scholars have focused on the impact of incarceration on the voting strength of the black community. Local, and even regional, narratives of African American politics and the death penalty expose the fractures in American democracy that foment perceptions of exclusion among blacks.

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

As "animal factories" go, the Ohio Penitentiary was one of the worst. For 150 years, it housed some of the most dangerous criminals in the United States, including murderers, madmen and mobsters. Peer in on America's first vampire, accused of sucking his victims' blood five years before Bram Stoker's fictional villain was even born; peek into the cage of the original Prison Demon; and witness the daring escape of John Hunt Morgan's band of Confederate prisoners. Uncover the full extent of mayhem and madness locked away in one of history's most notorious maximum-security prisons.

Should public opinion determine-or even influence-sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosphers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restoratifve justice programs, and other means.

Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region?
David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.

The Multicultural Prison: Ethnicity, Masculinity, and Social Relations among Prisoners presents a unique sociological analysis of the daily negotiation of ethnic difference within the closed world of the male prison. At a time when issues of race, multiculture, and racialization inside the prison have been somewhat neglected, this book considers how multiple identities configure social interactions among prisoners in late modern prisoner society, whilst also recognising the significance of religion, age, masculinity, national, and local identifications. Contemporary political policies, which sees racialised incarceration together with penal expansion, has fostered the disproportionate incarceration of diverse British national, foreign, and migrant populations - all of whom are brought into close proximity within the confines of the prison. Using rich empirical material drawn from extensive qualitative research in Rochester Young Offenders' Institution and Maidstone prison, the author presents vivid prisoner accounts from both white and minority ethnic participants, describing economically and socially marginalised lives outside. In turn, these stories provide a backdrop to the inside - the interior world of the prison where ethnicity still shapes social relations but in a contingent fashion. Addressing both the negotiation and tensions inherent in conducting such research, the central discussion evolves from a frank dialogue about ethnic, faith, and masculine identities, constituted through loose solidarities based on 'postcode identities', to a more startling comprehension of such divisions as, in some cases, a means for cultural hybridity in prison cultures. More commonly, though, these divisions act as a familiar fault line, creating wary, unstable, and antagonistic relations among prisoners. Providing an arresting insight into how race is written into prison social relations, The Multicultural Prison adds a unique and outstanding voice to the challenging issues of discrimination, inequality, entitlement, and preferential treatment from the perspective of diverse groups of prisoners.

The first time Ravi Shankar was arrested, he spoke out against racist policing on National Public Radio and successfully sued the city of New York. The second time, he was incarcerated when his promotion to full professor was finalized. During his ninety-day pretrial confinement at the Hartford Correctional Center--a level 4, high-security urban jail in Connecticut--he met men who shared harrowing and heart-felt stories. The experience taught him about the persistence of structural racism, the limitations of mass media, and the pervasive traumas of twenty-first-century daily life. Shankar's bold and complex self-portrait--and portrait of America--challenges us to rethink our complicity in the criminal justice system and mental health policies that perpetuate inequity and harm. Correctional dives into the inner workings of his mind and heart, framing his unexpected encounters with law and order through the lenses of race, class, privilege, and his bicultural upbringing as the first and only son of South Indian immigrants. Vignettes from his early life set the scene for his spectacular fall and subsequent struggle to come to terms with his own demons. Many of them, it turns out, are also our own.

This book descibes in detail the development of substantive criminal law during the nineteenth and early twentieth centuries. The author examines the forces which shaped criminal jurisprudence throughout the course of this period, paying particular attention to the activities of legislators and reformers, to parallel developments in the study of punishment and human psychology, to general social and political changes and to the growth of an organised police force and its reliance upon formal rules of proceedure and evidence.

Andy West teaches philosophy in prisons. He has conversations with people inside about their lives, discusses their ideas and feelings and listens as the men and women he works with explore new ways to think about their situation. Could we ever be good if we never felt shame? What makes a person worthy of forgiveness? Could someone in prison ever be more free than someone outside? These questions about how to live are ones we all need to ask, but in this setting they are even more urgent. When Andy steps into jail, he also confronts his inherited guilt: his father, uncle and brother all spent time in prison. He has built a different life for himself, but he still fears that their fate will be his. As he discusses questions of truth, identity and hope with his students, he searches for his own form of freedom. Moving, sympathetic, wise and frequently funny, The Life Inside is an elegantly written and unforgettable book. Through its blend of memoir, storytelling and gentle philosophical questioning, readers will gain a new insight into our justice system, our prisons and the plurality of lives found inside.

On 2 September 1944, a German Wehrmacht Liaison Officer was captured by the Russians in Bucharest. His name was Lieutenant-Colonel Heinz-Helmut von Hinckeldey and he was to remain a "war convict" of the Soviets until 1955. For 11 years, Heinz-Helmut von Hinckeldey had to endure the deprivation - both physical and psychological - of imprisonment; the filth and squalor of the cells, in which he was kept; the agony of isolation and repeated self-examination; and the pain of ignorance, of not knowing if his motherland (Germany) still existed or whether those he loved, ever realized that he was alive. The personal Story that, like countless others, would never have been told, had it not been for the admiration and fascination built up over time by the Author, Charles Wood

The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.