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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
Established in 1853, after the end of penal transportation to Australia, the convict prison system and the sentence of penal servitude offered the most severe form of punishment - short of death - in the criminal justice system, and they remained in place for nearly a century. Penal Servitude is the first comprehensive study to examine the convict prison system that housed all those who were sentenced to penal servitude during this time. Helen Johnston, Barry Godfrey, and David Cox detail the administration and evolution of the system, from its creation in the 1850s and the building of the prison estate to the classification of prisoners within it. Exploring life in the convict prison through the experiences of the people who were subjected to it, the authors shed light on various details such as prison diet, education, and labour. What they find reveals the internal regimes; the everyday endurances, conformity, resistance, and rule breaking of convicts; and the interactions with the warders, medical officers, and governors that shaped daily life in the system. Reconstructing the life histories of hundreds of convict prisoners from detailed prison records, criminal registers, census data, and personal correspondence, Penal Servitude illuminates the lives of those who experienced long-term imprisonment in the nineteenth and twentieth centuries.
The first known abolitionist critique of the death penalty-here for the first time in English In 1764, a Milanese aristocrat named Cesare Beccaria created a sensation when he published On Crimes and Punishments. At its centre is a rejection of the death penalty as excessive, unnecessary, and pointless. Beccaria is deservedly regarded as the founding father of modern criminal-law reform, yet he was not the first to argue for the abolition of the death penalty. Against the Death Penalty presents the first English translation of the Florentine aristocrat Giuseppe Pelli's critique of capital punishment, written three years before Beccaria's treatise, but lost for more than two centuries in the Pelli family archives. Peter Garnsey examines the contrasting arguments of the two abolitionists, who drew from different intellectual traditions. Pelli was a devout Catholic influenced by the writings of natural jurists such as Hugo Grotius, whereas Beccaria was inspired by the French Enlightenment philosophers. While Beccaria attacked the criminal justice system as a whole, Pelli focused on the death penalty, composing a critique of considerable depth and sophistication. Garnsey explores how Beccaria's alternative penalty of forced labour, and its conceptualisation as servitude, were embraced in Britain and America, and delves into Pelli's voluminous diaries, shedding light on Pelli's intellectual development and painting a vivid portrait of an Enlightenment man of letters and of conscience. With translations of letters exchanged by the two abolitionists and selections from Beccaria's writings, Against the Death Penalty provides new insights into eighteenth-century debates about capital punishment and offers vital historical perspectives on one of the most pressing questions of our own time.
Kaneko Fumiko (1903-1926) wrote this memoir while in prison after being convicted of plotting to assassinate the Japanese emperor. Despite an early life of misery, deprivation, and hardship, she grew up to be a strong and independent young woman. When she moved to Tokyo in 1920, she gravitated to left-wing groups and eventually joined with the Korean nihilist Pak Yeol to form a two-person nihilist organization. Two days after the Great Tokyo Earthquake, in a general wave of anti-leftist and anti-Korean hysteria, the authorities arrested the pair and charged them with high treason. Defiant to the end (she hanged herself in prison on July 23, 1926), Kaneko Fumiko wrote this memoir as an indictment of the society that oppressed her, the family that abused and neglected her, and the imperial system that drove her to her death.
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?
Despite the fact that 160,000 people are locked up in our federal correctional facilities, practical information about the federal prison system remains difficult to locate. While some information may be found scattered on the Internet, in directions given at court, or through shared personal experience, there is no single source available that is a collection of all available information. The U.S. Federal Prison System is the first comprehensive reference work that includes official prison policies, first-person accounts from prisoners, and information about each federal facility. The book is organized into two parts. Part I is an introduction to federal prison facilities, including key statistics and "views from inside" provided by inmates of federal prisons. Part II is a look at the Federal Bureau of Prisons policies on various matters such as discipline, education, visits, and religious practices. The book also contains valuable Appendices that give a thorough listing and description of all Federal prison facilities, as well as the services and charities available to prisoners and their families. With the publication of this book there will finally be an up-to-date, comprehensive reference on the U.S. federal prisons that will prove to be of lasting value to families of inmates, researchers, and the general public. Features of this text include:
The expansion and intensification of coercive powers is a global phenomenon, reflecting the fragility of social order and the authority of ruling elites in the 21st century.Relationships of domination, powerlessness and resistance, still characterize the carceral experience.
This book examines the control of prison disorder through the application of situational crime prevention principles. It spans two subject areas--crime prevention and corrections--and may interest academics as well as practitioners in these fields. On one hand, the book presents a new model of situational prevention that has applications beyond institutions to community settings. On the other, the examination of particular problem behaviors provides a comprehensive review of the prison control literature that does not depend upon a specific interest in situational crime prevention.
This book examines the control of prison disorder through the application of situational crime prevention principles. It spans two subject areas--crime prevention and corrections--and may interest academics as well as practitioners in these fields. On one hand, the book presents a new model of situational prevention that has applications beyond institutions to community settings. On the other, the examination of particular problem behaviors provides a comprehensive review of the prison control literature that does not depend upon a specific interest in situational crime prevention.
Drawing on Foucauldian theory and 'social harm' paradigms, Naughton offers a radical redefinition of miscarriages of justice from a critical perspective. This book uncovers the limits of the entire criminal justice process and challenges the dominant perception that miscarriages of justices are rare and exceptional cases of wrongful imprisonment.
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.
More than 30 years after the US Supreme Court reinstated the death
penalty, it is still plagued with egregious problems. Issues of
wrongful conviction, inhumane practices, and its efficacy as a
deterrent are hotly debated topics. As of August 2007, two-thirds
of the world's countries have abolished the death penalty. Today,
the US falls alongside Iran, Iraq, Sudan, China, and Pakistan as
countries that continue to believe the death penalty is a necessary
and productive practice.
In recent years there has been a resurgence of interest in the role of the prison as a source of political ideas and site of political engagement, as well as in the prisoner's quest for citizenship. The rising number of prisoners has increased fiscal burdens, which has meant that imprisonment has become a more important political issue. There is also greater interest in the prison as a site of political activism and in the generation of radical political ideas within the prison context and the formation of political networks within prison which extend beyond the prison walls. This book considers the prison as a site of political protest, discusses the quest for citizenship and the denial or negation of citizenship in prison, examines the discovery of politics in prison and the role of the prison in increasing political awareness, explores the treatment of political prisoners and reflects on the prisoner as a political problem for politicians negotiating pressures from the media and the public when addressing prisoners' demands. Drawing on a range of contemporary and historical topics such as prison riots, radicalisation and the denial of voting rights, and including discussion of cases from the UK, US and Russia, this book examines the prison as a political institution and as a site of both politicisation and political protest. This book will be of interest to students and academics engaged with prisons, penology, punishment and corrections.
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.
The Cincinnati Penal Congress of 1870 ushered in the era of "progressive" penology: the use of statistical and social scientific methodologies, commitment to psychiatric and therapeutic interventions, and a new innovation-the reformatory-as the locus for the application of these initiatives. The prisoner was now seen as a specimen to be analyzed, treated, and properly socialized into the triumphal current of American social and economic life. Of course, the Progressive rehabilitative initiatives succumbed in the 1970s to withering criticism from the proponents of equally futile strategies for addressing "the crime problem": retribution, deterrence, and selective incapacitation. The early Christian community developed a methodology for correcting human error that featured the unprecedented belief that a period of time spent in a given penitential locale, with the aid and encouragement of the community, was sufficient in and of itself to heal the alienation and self-loathing caused by sin and to lead an individual to full reincorporation into the community. The "correctional" practice was based upon the conviction that cooperative sociability-or conversion-is possible, regardless of the specific offense and that there is no need to inflict suffering or use the act of punishment as a warning to potential offenders or to intervene in the life of the offender with rehabilitation. Andrew Skotnicki contends that the modern practice of criminal detention is a protracted exercise in needless violence predicated upon two foundational errors. The first is an inability to see the imprisoned as human beings fully capable of responding to an affirmative accompaniment rather than maltreatment and invasive forms of therapy. The second is a pervasive dualism that constructs a barrier between the detainee and those empowered to supervise, rehabilitate, and punish them. In this book, Skotnicki argues that the criminal justice system can only be rehabilitated by eliminating punishment and policies based upon deterrence, rehabilitation, and the incapacitation of the urban poor and returning to the original justification for the practice of confinement: conversion.
The contributions of the writers attest to the immediacy of the many questions that have arisen concerning "political prisoners and detainees," across the globe. The insecurity narratives of the neo-conservative politics and state institutions of control that grip much of the West, would have us believe that the attacks of September 11, 2001, constitute a breach with the past that has moved us to a new reality, exemplified by the need for a war on terror. Indeed in U.S.A., with its global imperialist entanglements, the public and private narratives appear to assume that a new world order has emerged. The benefits of this conclusion for established criminal justice and carceral industries are considerable. Roll backs of human and civil rights, the suspension of the rule of law, abrogation of the United Nations' Minimum Rules of Imprisonment, career advancement, and profit for industrial players, all serve established interests of the prison-industrial complex.
The first comprehensive examination of the US Constitution's Ex Post Facto Clause, surveying its history and the critical role it can and should play in combatting the punitive tendencies of American legislatures. The Ex Post Facto Clause, one of the few civil liberty protections found in the body of the US Constitution, reflects the Framers' acute concern over the tendency of legislatures to enact burdensome retroactive laws targeting unpopular individuals. Over time, a broad array of Americans have invoked the protective cloak of the Clause, including Confederate sympathizers in the late 1860s; immigrants in the early 1900s; Communist Party members in the 1950s; and, since the 1990s, convicted sex offenders. Although the Supreme Court enforced the Clause with vigor during the first several decades of the nation's history, of late the justices have been less than zealous defenders of the security it was intended to provide. And, even more problematic, they have done so amid major changes in the nation's social, political, and institutional life that have made the protections of the Ex Post Facto Clause all the more important. The Ex Post Facto Clause provides the first book-length examination of the history of the Clause and its potential for tempering the punitive impulses of modern American legislatures. Wayne A. Logan chronicles and critiques the evolving treatment of ex post facto claims by the Supreme Court, which has created a body of law that is both at odds with the Framers' intent and ill-suited to the unforgiving and harshly punitive nation that America has become. Drawing on Framing Era history, seminal Supreme Court decisions, and the global embrace of the values underlying the Ex Post Facto Clause, Logan provides a blueprint for how the Clause can play a reinvigorated and more robust role in guarding against the penal populism besetting modern American legislatures.
Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. In doing so, it provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.
Mankind likes to consider itself civilized. Sadly, this civilization is only skin-deep and man's inhumanity to man, both in war and peace, has always been a cause for shame. But how should traitors, criminals and society's enemies be dealt with? This book shows some of the means used to chastise and punish down through the ages.Look out for more Pitkin Guides on the very best of British history, heritage and travel.
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.
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.
IVP Readers' Choice Award Outreach Magazine Resource of the Year The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.
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."
This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing. The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment.
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. |
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