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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
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.
The "ethnic cleansing" that has gripped the Balkans for much of this decade is but another chapter in the long history of man's inhumanity to man. Hopeful but unflinching in the face of such realities, Howard Ball's book focuses on international efforts to punish perpetrators of genocide and other war crimes. Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu "machete genocide" of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts. Beginning with the 1899 Geneva Accords and the Armenian genocide of World War I, Ball traces efforts to create an institution to judge, punish, and ultimately deter such atrocities-particularly since World War II, since which there have been fourteen cases of genocide. He shows how international military tribunals in Nuremberg and Tokyo set important precedents for international criminal justice, tells what the international community learned from its failure to stop Pol Pot in Cambodia, and describes the ad hoc tribunals convened to address genocide in the Balkans and Rwanda. He then focuses on the establishment of the International Criminal Court with the Treaty of Rome in 1998 and assesses its probable future. The book also analyzes the reluctance of the United States to sanction the ICC, tracing longstanding U.S. reluctance to grant criminal justice jurisdiction to an international prosecutor. Ball examines questions of national sovereignty versus international law and reminds us that although most Americans consider such horrors to be problems of other countries, these are in fact countries in which many of our own citizens have their roots. With its unique focus on the ICC, "Prosecuting War Crimes and Genocide" is a work of both synthesis and advocacy that combines history and current events to make us more aware of the racist fervor with which these brutalities are carried out, more alert to the euphemisms in which they are cloaked. It forces us to ask not only whether the killing will stop, but whether humanity can prevent future genocides.
This book addresses the core issues in prisoner reentry into society after incarceration. The chapters are written by academic scholars who have much experience researching and writing about prisoner reentry and by people who work in the field of prison reentry. Comprising reviews of empirical literature, this study is also supplemented by the workings of a reentry agency in the state of California. The focus of the work is to provide the best practices within prisoner reentry programs, to explore the barriers experienced by both prisoners and reentry agencies as they work toward the reentry of prisoners, and to discuss critical issues associated with prisoner reentry. The authors broach various topics regarding life after imprisonment, such as: the financial burden, problems faced by sex offenders, changing family dynamics and employment. An engaging and thought-provoking study, this book will be of particular interest to scholars of criminology theory, the justice system and sociology.
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.
From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada's racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.
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.
Gender, Ethnicity, and the State is a study of Latina and Latino prisoners in New York State. Through the use of two case studies, it compares the organizing strategies for reform pursued by Latina and Latino prisoners between 1970 and 1987, the support they received from non-Latina(o) prisoners and third parties, and the response of penal personnel to their calls for support.
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.
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.
'I loved this book ... a beautifully told story about how incredible women can be, and I will never forget it Elizabeth Gilbert, bestselling author of Eat, Pray, Love With her career, live-in boyfriend and loving family, Piper Kerman barely resembles the rebellious young woman who got mixed up with drug runners and delivered a suitcase of drug money to Europe over a decade ago. But when she least expects it, her reckless past catches up with her; convicted and sentenced to fifteen months at an infamous women's prison in Connecticut, Piper becomes inmate #11187-424. From her first strip search to her final release, she learns to navigate this strange world with its arbitrary rules and codes, its unpredictable, even dangerous relationships. She meets women from all walks of life, who surprise her with tokens of generosity, hard truths and simple acts of acceptance. An original comedy-drama series from Netflix, Piper's story is a fascinating, heartbreaking and often hilarious insight into life on the inside.
Davey Sommers should've ended up in a nice job, with a nice wife, living in a nice house... Instead, he ends up an eight-man unlock in prison, serving 17 years for assaulting a police officer, possession of firearms, obtaining money by intimidation and drug dealing. But then, Davey's never done what's expected of him. We've seen how prison works from one side of the door - now Ronnie Thompson has teamed up with Davey Sommers to tell the story of what it's like from the other side. BANGED UP is a gritty account of one man's descent into crime - from small-time dealing to big time. And it's about the realities of being a 'face' in prison - having to keep your fearsome reputation intact, even while you're behind bars. Life inside is revealed in all its gory detail - the smells, the tastes, the unsavoury company (and that includes the screws). Perhaps that's why Davey thought he'd try his luck and escape rather than serve his time... This is a story of drugs, violence, life on the run and, ultimately, justice.
The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far-reaching. In this study, the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England, Wales and Germany over the process of sentencing offenders in the criminal justice system. The text offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyze and explain the increasing use of prosecutorial power. The overlap between the role of prosecutor and judge is also discussed.
This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault's work to criminology and law. Mariana Valverde clearly explains the insights that Foucault's rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.
Focusing contemporary democratic theory on the neglected topic of
punishment, Punishment, Participatory Democracy, and the Jury
argues for increased civic engagement in criminal justice as an
antidote to the American penal state. Albert W. Dzur considers how
the jury, rather than merely expressing unreflective public
opinion, may serve as a participatory institution that gathers and
utilizes citizens' juridical capabilities. In doing so, the book
resists trends in criminal justice scholarship that blame increases
in penal severity on citizen participation and rejects political
theorists' longstanding skepticism of lay abilities.
This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court's paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.
A Special Issue of the Journal of Prisoners on Prisons dedicated to the Political Prisoners of the Black Panther Party and the Black Liberation Army, in the words of the political prisoners themselves, along with those in exile and former political prisoners. Despite the criminal justice system's attempts to thwart the content of this publication, submissions were collected, experiences were recorded, and events, experiences and thoughts occurring over the 40 years that have passed since the forming of the Black Panther Party have been addressed in this issue of the JPP.
This unique book is a clear and detailed introduction that analyses how restorative justice nurtures empathy, exploring key themes such as responsibility, shame, forgiveness and closure. The core notion of the book is that when a crime is committed, it separates people, creating a 'gap'. This can only be reduced or closed through information and insight about the other person, which have the potential to elicit empathy and compassion from both sides. The book explores this extraordinary journey from harm to healing using the structure of a timeline: from an offence, through the criminal justice process and into the heart of the restorative meeting. Using case studies, the book offers a fresh angle on a topic that is of growing interest both in the UK and internationally. It is ideal as a comprehensive introduction for those new to restorative justice and as a best practice guide for existing practitioners.
Between 1850 and 1950, at least 115 women were lynched by mobs in the United States. The majority of these women were black. This book examines the phenomenon of the lynching of women, which was a much more rare experience than the lynching of men. Over the same hundred-year period covered in this text, more than 1,000 white men were lynched, while thousands of black men were murdered by mobs. Of particular importance in this examination is the role of race in lynching, particularly the increase in the number of black lynchings as the century progressed. Details are provided--when available--for the lynchings in an attempt to shine a light on this form of mob violence.
Justice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.
Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.
New York Times Bestseller "Organizing is both science and art. It is thinking through a vision, a strategy, and then figuring out who your targets are, always being concerned about power, always being concerned about how you're going to actually build power in order to be able to push your issues, in order to be able to get the target to actually move in the way that you want to." What if social transformation and liberation isn't about waiting for someone else to come along and save us? What if ordinary people have the power to collectively free ourselves? In this timely collection of essays and interviews, Mariame Kaba reflects on the deep work of abolition and transformative political struggle. With a foreword by Naomi Murakawa and chapters on seeking justice beyond the punishment system, transforming how we deal with harm and accountability, and finding hope in collective struggle for abolition, Kaba's work is deeply rooted in the relentless belief that we can fundamentally change the world. As Kaba writes, "Nothing that we do that is worthwhile is done alone."
This general issue of the Journal of Prisoners on Prisons edited by Justin Piche and Kevin Walby features articles by current and former prisoners documenting the latest trends in penal policy and practice in the United States. The issue also features an article to "The Dialogue on the Canadian Carceral State" that explores the punitiveness of Canada's immigration system, a "Response" paper on the struggle over the future of the decommissioned Prison for Women (P4W) as a site of memory, as well as "Prisoners' Struggles" contributions, and a book review. The cover art, featuring the pieces "Carceral Landscape" and "Close the Bastard Down!", was created by Peter Collins - a former Canadian prisoner serving a life sentence who died behind bars of cancer. This book is published in English. |
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