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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
This book examines the forms and practices of Irish confinement from the 19th century to present-day to explore the social and political failings of 20th and 21st century postcolonial Ireland. Building on an interdisciplinary conference held in the Crumlin Road Gaol, Belfast, the methodological approaches adopted across this book range from the historical and archival to the sociological, political, and literary. This edited collection touches on topics such as industrial schools, Magdalen laundries, struggles and resistance in prisons both North and South, Direct Provision, and the ways in which prison experiences have been represented in literature, cinema, and the arts. It sketches out an uncomfortable picture of the techniques for policing bodies deployed in Ireland for over a century. This innovative study seeks to establish a link between Ireland's inhumane treatment of women and children, of prisoners, and of asylum seekers today, and to expose and pinpoint modes of resistance to these situations.
This edited volume presents research about life in prison for women, discussing both incarcerated women and those working in prisons. It addresses women's paths through the criminal justice system from sentencing through post-incarceration and reintegration into society, highlighting the differences in women's experience of prison compared to their male counterparts and noting both the positive and negative changes implemented for women behind bars. Covering research on stigma, pop culture, motherhood, sexuality and gender, access to healthcare, vocational training, and educational opportunities, this text takes both a local and international view. Women and Prison is a comprehensive volume suitable for criminal justice researchers, mental health professionals, students of criminology, women's studies, sociology and those seeking a career in corrections.
This book illustrates the importance of conflicting narratives in understanding and dealing with crime, based on a variety of cutting-edge research. Offenders tell stories about crime and punishment, as do policemen, judges and defence lawyers, but so do politicians and the media. Each tells them very differently and only some stories are believed, while others are rejected as implausible leading to conflict. This book explores how these conflicts are carried out and what relationships exist between (often unquestioned) master narratives and (sometimes loud, sometimes silent) counter-narratives? These are questions of central importance for criminology which have thus far received little attention. This edited collection is international and interdisciplinary in scope, providing empirical insights from such diverse contexts as (social) media, newspapers, comics, police interrogations, social and criminal justice settings, and museum exhibitions. By including contributions from a wide spectrum of academic disciplines and using different methodological approaches, it is of particular interest to students and researchers in criminology and sociology, as well as to scholars of socio-legal studies.
The controversy surrounding community responses to housing for sexually violent predators When a South Carolina couple killed a registered sex offender and his wife after they moved into their neighborhood in 2013, the story exposed an extreme and relatively rare instance of violence against sex offenders. While media accounts would have us believe that vigilantes across the country lie in wait for predators who move into their neighborhoods, responses to sex offenders more often involve collective campaigns that direct outrage toward political and criminal justice systems. No community wants a sex offender in its midst, but instead of vigilantism, Monica Williams argues, citizens often leverage moral, political, and/or legal authority to keep these offenders out of local neighborhoods. Her book, the culmination of four years of research, 70 in-depth interviews, participant observations, and studies of numerous media sources, reveals the origins and characteristics of community responses to sexually violent predators (SVP) in the U.S. Specifically, The Sex Offender Housing Dilemma examines the placement process for released SVPs in California and the communities' responses to those placements. Taking the reader into the center of these related issues, Monica Williams provokes debate on the role of communities in the execution of criminal justice policies, while also addressing the responsibility of government institutions to both groups of citizens. The Sex Offender Housing Dilemma is sure to promote increased civic engagement to help strengthen communities, increase public safety, and ensure government accountability.
Winner of the 2014 Outstanding Book Award presented by the Academy of Criminal Justice Sciences Over 2% of U.S.children under the age of 18-more than 1,700,000 children-have a parent in prison. These children experience very real disadvantages when compared to their peers: they tend to experience lower levels of educational success, social exclusion, and even a higher likelihood of their own future incarceration. Meanwhile, their new caregivers have to adjust to their new responsibilities as their lives change overnight, and the incarcerated parents are cut off from their children's development. Parental Incarceration and the Family brings a family perspective to our understanding of what it means to have so many of our nation's parents in prison. Drawing from the field's most recent research and the author's own fieldwork, Joyce Arditti offers an in-depth look at how incarceration affects entire families: offender parents, children, and care-givers. Through the use of exemplars, anecdotes, and reflections, Joyce Arditti puts a human face on the mass of humanity behind bars, as well as those family members who are affected by a parent's imprisonment. In focusing on offenders as parents, a radically different social policy agenda emerges-one that calls for real reform and that responds to the collective vulnerabilities of the incarcerated and their kin.
This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual's right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
The first collective work devoted exclusively to the ethical and penal theoretical considerations of the use of artificial intelligence at sentencing Is it morally acceptable to use artificial intelligence (AI) in the determination of sentences on those who have broken the law? If so, how should such algorithms be used-and what are the consequences? Jesper Ryberg and Julian V. Roberts bring together leading experts to answer these questions. Sentencing and Artificial Intelligence investigates to what extent, and under which conditions, justice and the social good may be promoted by allocating parts of the most important task of the criminal court-that of determining legal punishment-to computerized sentencing algorithms. The introduction of an AI-based sentencing system could save significant resources and increase consistency across jurisdictions. But it could also reproduce historical biases, decrease transparency in decision-making, and undermine trust in the justice system. Dealing with a wide-range of pertinent issues including the transparency of algorithmic-based decision-making, the fairness and morality of algorithmic sentencing decisions, and potential discrimination as a result of these practices, this volume offers avaluable insight on the future of sentencing.
The central theme of this book is the nexus between the self, the social, and the sacred in conversion and recovery. The contributions explore the complex interactions that occur between the person, the sacred, and various recovery situations, which can include prisons, substance abuse recovery settings and domestic violence shelters. With an interdisciplinary approach to the study of conversion, the collection provides an opportunity for a better understanding of lived religion, guilt, shame, hope, forgiveness, narrative identity reconstruction, religious coping, religious conversion and spiritual transformation. This volume will be of interest to scholars and students of lived religion, religious conversion, recovery, homelessness, and substance dependence.
Few subjects are as intensely debated in the United States as the
death penalty. Some form of capital punishment has existed in
America for hundreds of years, yet the justification for carrying
out the ultimate sentence is a continuing source of controversy.
"No Winners Here Tonight "explores the history of the death penalty
and the question of its fairness through the experience of a single
state, Ohio, which, despite its moderate midwestern values, has
long had one of the country's most active death chambers.
This book addresses the problem of justifying the institution of criminal punishment. It examines the "paradox of retribution" the fact that we cannot seem to reject the intuition that punishment is morally required, and yet we cannot (even after two thousand years of philosophical debate) find a morally legitimate basis for inflicting harm on wrongdoers. The book comes at a time when a new "abolitionist" movement has arisen, a movement that argues that we should give up the search for justification and accept that punishment is morally unjustifiable and should be discontinued immediately. This book, however, proposes a new approach to the retributive theory of punishment, arguing that it should be understood in its traditional formulation that has been long forgotten or dismissed: that punishment is essentially a defense of the honor of the victim. Properly understood, this can give us the possibility of a legitimate moral justification for the institution of punishment. "
Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people's lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.
Winner, W. E. B. DuBois Distinguished Book Award presented by the National Conference of Black Political Scientists Examines the lifelong consequences of a felony conviction through the compelling words of former prisoners Felony convictions restrict social interactions and hinder felons' efforts to reintegrate into society. The educational and vocational training offered in many prisons are typically not recognized by accredited educational institutions as acceptable course work or by employers as valid work experience, making it difficult for recently-released prisoners to find jobs. Families often will not or cannot allow their formerly incarcerated relatives to live with them. In many states, those with felony convictions cannot receive financial aid for further education, vote in elections, receive welfare benefits, or live in public housing. In short, they are not treated as full citizens, and every year, hundreds of thousands of people released from prison are forced to live on the margins of society. Convicted and Condemned explores the issue of prisoner reentry from the felons' perspective. It features the voices of formerly incarcerated felons as they attempt to reconnect with family, learn how to acclimate to society, try to secure housing, find a job, and complete a host of other important goals. By examining national housing, education and employment policies implemented at the state and local levels, Keesha Middlemass shows how the law challenges and undermines prisoner reentry and creates second-class citizens. Even if the criminal justice system never convicted another person of a felony, millions of women and men would still have to figure out how to reenter society, essentially on their own. A sobering account of the after-effects of mass incarceration, Convicted and Condemned is a powerful exploration of how individuals, and society as a whole, suffer when a felony conviction exacts a punishment that never ends.
Winner of the National Book Critics Circle Award A Smithsonian Book of the Year A New York Review of Books "Best of 2020" Selection A New York Times Best Art Book of the Year An Art Newspaper Book of the Year A powerful document of the inner lives and creative visions of men and women rendered invisible by America's prison system. More than two million people are currently behind bars in the United States. Incarceration not only separates the imprisoned from their families and communities; it also exposes them to shocking levels of deprivation and abuse and subjects them to the arbitrary cruelties of the criminal justice system. Yet, as Nicole Fleetwood reveals, America's prisons are filled with art. Despite the isolation and degradation they experience, the incarcerated are driven to assert their humanity in the face of a system that dehumanizes them. Based on interviews with currently and formerly incarcerated artists, prison visits, and the author's own family experiences with the penal system, Marking Time shows how the imprisoned turn ordinary objects into elaborate works of art. Working with meager supplies and in the harshest conditions-including solitary confinement-these artists find ways to resist the brutality and depravity that prisons engender. The impact of their art, Fleetwood observes, can be felt far beyond prison walls. Their bold works, many of which are being published for the first time in this volume, have opened new possibilities in American art. As the movement to transform the country's criminal justice system grows, art provides the imprisoned with a political voice. Their works testify to the economic and racial injustices that underpin American punishment and offer a new vision of freedom for the twenty-first century.
Why is solitary confinement used in today's world? Does it help the rehabilitation of offenders? And how is policy affected by justification for the use of it? This book is the first to consider the history of solitary confinement and how it is experienced by the individuals undergoing it. Using Merleau-Ponty's concept of embodied subjectivity, it provides first-hand accounts of the inhumane experience of solitary confinement to provide a better appreciation of the relationship between penal strategy and its effect on human beings. Drawing on his own experiences as a Psychological Specialist in the Pennsylvania Department of Corrections and on those interviewed as part of the Guardian 6x9 project (http://www.theguardian.com/world/ng-interactive/2016/apr/27/6x9-a-virtual-experience-of-solitary-confinement), the author focuses on the phenomenology of solitary confinement to consider what the intentional aspect of this almost uninhabitable type of confinement says about a democratic society that continues to justify its use as a correctional strategy. Aiming to influence policy, the book fills the gap between the practice of solitary confinement and its implications, as well as the social attitudes that uncritically condone its use.
This interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.
This book charts the historical development of 'forensic objectivity' through an analysis of the ways in which objective knowledge of crimes, crime scenes, crime materials and criminals is achieved. Taking an interdisciplinary approach, with authors drawn from law, history, sociology and science and technology studies, this work shows how forensic objectivity is constructed through detailed crime history case studies, mainly in relation to murder, set in Scotland, England, Germany, Sweden, USA and Ireland. Starting from the mid-nineteenth century and continuing to the present day, the book argues that a number of developments were crucial. These include: the beginning of crime photography, the use of diagrams and models specially constructed for the courtroom so jurors could be 'virtual witnesses', probabilistic models of certainty, the professionalization of medical and scientific expert witnesses and their networks, ways of measuring, recording and developing criminal records and the role of the media, particularly newspapers in reporting on crime, criminals and legal proceedings and their part in the shaping of public opinion on crime. This essential title demonstrates the ways in which forensic objectivity has become a central concept in relation to criminal justice over a period spanning 170 years.
Determinants of the Death Penalty seeks to explain the phenomenon of capital punishment - without recourse to value judgements - by identifying those characteristics common to countries that use the death penalty and those that mark countries which do not. This global study uses statistical analysis to relate the popularity of the death penalty to physical, cultural, social, economical, institutional, actor oriented and historical factors. Separate studies are conducted for democracies and non-democracies and within four regional contexts. The book also contains an in-depth investigation into determinants of the death penalty in the USA.
Police who engage in torture are condemned by human rights activists, the media, and people across the world who shudder at their brutality. Stark revelations about torture by American forces at places like Guantanamo Bay have stoked a fascination with torture and debates about human rights. Yet despite this interest, the public knows little about the officers who actually commit such violence. How do the police understand what they do? How do their beliefs inform their responses to education and activism against torture? Just Violence reveals the moral perspective of perpetrators and how they respond to human rights efforts. Through interviews with law enforcers in India, Rachel Wahl uncovers the beliefs that motivate officers who use and support torture, and how these beliefs shape their responses to international human rights norms. Although on the surface Indian officers' subversion of human rights may seem to be a case of "local culture" resisting global norms, officers see human rights as in keeping with their religious and cultural traditions-and view Western countries as the primary human rights violators. However, the police do not condemn the United States for violations; on the contrary, for Indian police, Guantanamo Bay justifies torture in New Delhi. This book follows the attempts of human rights workers to both persuade and coerce officers into compliance. As Wahl explains, current human rights strategies can undermine each other, leaving the movement with complex dilemmas regarding whether to work with or against perpetrators.
In the black liberation movement, imprisonment emerged as a key rhetorical, theoretical, and media resource. Imprisoned activists developed tactics and ideology to counter white supremacy. Lisa M. Corrigan underscores how imprisonment - a site for both political and personal transformation - shaped movement leaders by influencing their political analysis and organizational strategies. Prison became the critical space for the transformation from civil rights to Black Power, especially as southern civil rights activists faced setbacks. Black Power activists produced autobiographical writings, essays, and letters about and from prison beginning with the early sit-in movement. Examining the iconic prison autobiographies of H. Rap Brown, Mumia Abu-Jamal, and Assata Shakur, Corrigan conducts rhetorical analyses of these extremely popular though understudied accounts of the Black Power movement. She introduces the notion of the ""Black Power vernacular"" as a term for the prison memoirists' rhetorical innovations, to explain how the movement adapted to an increasingly hostile environment in both the Johnson and Nixon administrations. Through prison writings, these activists deployed narrative features supporting certain tenets of Black Power, pride in blackness, disavowal of nonviolence, identification with the Third World, and identity strategies focused on black masculinity. Corrigan fills gaps between Black Power historiography and prison studies by scrutinizing the rhetorical forms and strategies of the Black Power ideology that arose from prison politics. These discourses demonstrate how Black Power activism shifted its tactics to regenerate, even after the FBI sought to disrupt, discredit, and destroy the movement.
The United States arrests, punishes, and locks up far more people-both juveniles and adults-than any other democratic country in the world. Indeed, despite the fact that the U.S holds 5 percent of the world's population, it contains 25 percent of its prisoners. These individuals not only constitute a disproportionately large group, but also suffer decreased employment opportunities and housing discrimination after their release, making a return to prison all the more likely. Headlines of articles in US media allude to "Prison Without Punishment" in Germany and "Radical Humaneness" in Norway, but why are prison conditions in those countries so notably less bleak than those here? And when recidivism rates are lower in countries with these kinder, gentler prisons than in America, why do prisons here remain so harsh? In Unusually Cruel, Mark Morje Howard argues that the United States' prison system is exceptional-in a truly shameful way. Due to its exceptional nature, most scholars have focused on the internal dynamics that have produced the US' unusually large and severe prison system. Howard conducts a comparative analysis as a corrective to this myopia, demonstrating just how far the US lies outside of the norm of established democracies in this regard. He uses a new methodology in order to put American incarceration rates in perspective. The book compares data from 21 countries-all advanced industrialized societies, liberal democracies, and OECD members-ultimately showing that the US holds more than three times the number of incarcerated people of its closest competitor, New Zealand. This method reveals interesting findings, including that, although the female incarceration rate is only a fraction of the male incarceration in America, the US imprisons more than five times as many women as any other comparable country. And strikingly, while crime rates are roughly equal among countries in the western world, the US incarceration rate is seven times the average rate of European countries. Howard shows that in every measure of punitiveness-including policing, sentencing, prison conditions, and rehabilitation-US policies are harsher, producing worse individual outcomes and lower public safety, than those of any comparable country. The book does not merely paint a grim picture, however. Unusually Cruel also identifies solutions that are less punishing and more productive, arguing that, by learning from models that have worked elsewhere, the US can get out of its criminal justice quagmire.
Offering a timely reanalysis of the issue of Japan's capital punishment policy, this cutting edge volume considers the de facto moratorium periods in Japan's death penalty system and proposes an alternative analytical framework to examine the policy. Addressing how the Ministry of Justice in Japan justified capital punishment policy during the de facto moratorium periods from 1989 to 1993, from 2009 to 2010 and from 2010 to 2012, the author debates the misconceptions surrounding the significance of these moratoriums. The book evidences the approach, rationale and evolution of Japan's Ministry of Justice in consistently justifying capital punishment policy during the different execution-free periods and provides a better understanding of the powerful unelected elite who actually drive the capital punishment system in Japan. Based on parliamentary proceedings, public opinion surveys and periodical reports by both international and domestic human rights NGOs as well as interviews of government ministers, NGO staff, pro- and anti-death-penalty advocates, this text is key reading for those interested in Japan, its government, criminal justice system and policies on the death penalty and human rights.
This book provides a unique analysis of prisons and the violence at work inside them. It not only addresses aspects such as racial discrimination, especially in US prisons, but also gender differences, specific criminal groups operating within prisons, the reintegration processes and its failures. Combining works by various authors, it presents diverse perspectives on prison violence: in countries ranging from the USA to Australia, crossing European countries such as Portugal and Spain, among others, but also specific aspects such as prohibitions on phone calls, the economic crisis, and the current challenges of mass incarceration. As such, it offers a broad overview of several problems relevant to all scholars interested in deepening their understanding of violence in prisons.
Crime and Intelligence Analysis: An Integrated Real-Time Approach, 2nd Edition, covers everything crime analysts and tactical analysts need to know to be successful. Providing an overview of the criminal justice system as well as the more fundamental areas of crime analysis, the book enables students and law enforcement personnel to gain a better understanding of criminal behavior, learn the basics of conducting temporal analysis of crime patterns, use spatial analysis to better understand crime, apply research methods to crime analysis, and more successfully evaluate data and information to help predict criminal offending and solve criminal cases. A new chapter provides expert advice about terrorist threats and threat assessment. Criminal justice and police academy students, as well as civilians, sworn officers, and administrators, can build the skills to be credible crime analysts who play a critical role in the daily operations of law enforcement.
One out of every ten prisoners in the United States is serving a life sentence-roughly 130,000 people. While some have been sentenced to life in prison without parole, the majority of prisoners serving 'life' will be released back into society. But what becomes of those people who reenter the everyday world after serving life in prison? In After Life Imprisonment, Marieke Liem carefully examines the experiences of "lifers" upon release. Through interviews with over sixty homicide offenders sentenced to life but granted parole, Liem tracks those able to build a new life on the outside and those who were re-incarcerated. The interviews reveal prisoners' reflections on being sentenced to life, as well as the challenges of employment, housing, and interpersonal relationships upon release. Liem explores the increase in handing out of life sentences, and specifically provides a basis for discussions of the goals, costs, and effects of long-term imprisonment, ultimately unpacking public policy and discourse surrounding long-term incarceration. A profound criminological examination, After Life Imprisonment reveals the untold, lived experiences of prisoners before and after their life sentences.
Ngugi wa Thiong'o's powerful prison memoir begins half an hour before his release on 12 December 1978. A year earlier, he recalls, armed police arrived at his home and took him to Kenya's Kamiti Maximum Security Prison. There, Ngugi lives in a block alongside other political prisoners, but he refuses to give in to the humiliation. He decides to write a novel in secret, on toilet paper - it is a book that will become his classic, Devil on the Cross. Wrestling with the Devil is Ngugi's unforgettable account of the drama and challenges of living under twenty-four-hour surveillance. He captures not only the pain caused by his isolation from his family, but also the spirit of defiance and the imaginative endeavours that allowed him to survive. |
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