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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
Volume 17, Number 2 of the Journal of Prisoners on Prisons is a special collection based on the theme "Abolition and the Universal Carceral." Edited by Mike Larsen, many of the included articles were presented in London, England in late July 2008 at the Colloquium on the Universal Carceral - part of the 12th International Conference on Penal Abolition (ICOPA XII). The Colloquium focused on the "proliferation of new forms of carceral control" (Gaucher, 2007) and on those aspects of the carceral experience that seem to remain constant across geography and time. Unified by a "politics of hope and a] rejection of the position that imprisonment need be viewed as a normal and inevitable part of our future" (Larsen, 2008), the articles included in JPP 17(2) cover a variety of topics and represent a range of voices, from around the world. Major themes include critical reflections on health and mental heath 'services' in prisons, immigration and security certificate detention, and political imprisonment. The issue concludes with a "Response "piece on "The Abolitionist Stance" by Thomas Mathiesen, which offers both a call to action and a theoretical grounding for a renewed spirit of penal abolitionism.
n Many people across the world know Antonio Negri as an internationally renowned political thinker whose book, Empire, co-authored with Michael Hardt, is an international bestseller. Much less well known is the fact that, up until 1979, Negri was a university professor teaching in Paris and Padova. On April 7th, 1979 he was arrested, charged with the murder of Italian politician Aldo Moro, accused of 17 other murders, of being the head of the Red Brigades and of fomenting insurrection against the state. He has since been absolved of all these accusations, but thanks to the emergency laws in Italy at the time, he was sentenced to 30 years in prison. Then, in July 1983, he was elected as a member of parliament, which meant that he was released from prison after four and a half years of preventive detention. After months of debate, the Lower House decided to strip him of his parliamentary immunity o by 300 votes in favour and 293 against. At that point he left Italy for exile in France where he remained until 1997 and continued to maintain his innocence of all the crimes of which he was accused. This book is Negri's diary in which he tells of his imprisonment, trial, the elections, and his escape to and exile in France. Both personal and political, it recounts a little known aspect of Negri's life and will be of great interest to anyone concerned with the work of this enormously influential political thinker.
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?
Over the last decade, the reformed youth justice system has seen increases in the numbers of children and young people in custody, a sharp rise in indeterminate sentences and the continuing deaths of young prisoners. The largest proportion of funding in youth justice at national level is spent on providing places for children and young people remanded and sentenced to custody. The publication of the Youth Crime Action Plan during 2008 and the increasing emphasis on early intervention provides a framework to consider again the interface between local services and secure residential placements. This report brings together contributions from leading experts on young people and criminal justice to critically examine current policy and practice. There are vital questions for both policy and practice on whether the use of custody reduces re-offending or whether other forms of residential placements are more effective long-term. The report looks at current approaches to the sentencing and custody of children and young people, prevention of re-offending and a range of alternative regimes.
"Tackling prison overcrowding" is a response to controversial proposals for prisons and sentencing set out in by Lord Patrick Carter's "Review of Prisons", published in 2007. The Carter review proposed the construction of vast 'Titan' prisons to deal with the immediate problem of prison overcrowding, the establishment of a Sentencing Commission as a mechanism for keeping judicial demand for prison places in line with supply, along with further use of the private sector, including private sector management methods. "Tackling prison overcrowding" comprises nine chapters by leading academic experts, who expose these proposals to critical scrutiny. They take the Carter Report to task for construing the problems too narrowly, in terms of efficiency and economy, and for failing to understand the wider issues of justice that need addressing. They argue that the crisis of prison overcrowding is first and foremost a political problem - arising from penal populism - for which political solutions need to be found. This accessible report will be of interest to policy makers, probation practitioners, academics and other commentators on criminal policy.
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.
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.
A look at the contemporary crisis in U.S. jails with recommendations for improving and protecting the dignity of inmates Twelve million Americans go through the U.S. jail system on an annual basis. Jails, which differ significantly from prisons, are designed to house inmates for short amounts of time, and are often occupied by large populations of legally innocent people waiting for a trial. Jails often have deplorable sanitary conditions, and there are countless records of inmates being brutalized by staff and other inmates while in custody. Local municipalities use jails to institutionalize those whom they perceive to be a threat, so hundreds of thousands of inmates suffer from mental illness. People abandoned by families or lacking health insurance, or those who cannot afford bail, often cycle in and out of jails. In America's Jails, Derek Jeffreys draws on sociology, philosophy, history, and his personal experience volunteering in jails and prisons to provide an understanding of the jail experience from the inmates' perspective, focusing on the stigma that surrounds incarceration. Using his research at Cook County Jail, the nation's largest single-site jail, Jeffreys attests that jail inmates possess an inherent dignity that should govern how we treat them. Ultimately, fundamental changes in the U.S. jail system are necessary and America's Jails provides specific policy recommendations for changing its poor conditions. Highlighting the experiences of inmates themselves, America's Jails aims to shift public perception and understanding of jail inmates to center their inherent dignity and help eliminate the stigma attached to their incarceration.
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:
Since 1996, death sentences in America have declined by more than 60 percent, reversing a generation-long trend toward greater acceptance of capital punishment. In theory, most Americans continue to support the death penalty. But it is no longer seen as a theoretical matter. Prosecutors, judges, and juries across the country have moved in large numbers to give much greater credence to the possibility of mistakes - mistakes that in this arena are potentially fatal. The discovery of innocence, documented in this book through painstaking analyses of media coverage and with newly developed methods, has led to historic shifts in public opinion and to a sharp decline in use of the death penalty by juries across the country. A social cascade, starting with legal clinics and innocence projects, has snowballed into a national phenomenon that may spell the end of the death penalty in America.
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.
Contemporary Issues in Victimology: Identifying Patterns and Trends examines current topics in victimology and explores the main issues surrounding them. Key topics include: intimate partner violence and dating violence, rape and sexual assault on the college campus, Internet victimization, elder abuse, victimization of inmates, repeat and poly-victimization, fear of crime and perceived risk of crime, human trafficking, mass shootings, and child-to-parent violence. Each chapter includes information about the specific topic, including the nature of the issues, trends, current research, policy, current issues, and future challenges.
Since the reinstatement of the death penalty in 1976, fourteen women have been put to death in the United States. The criminal justice system defines crimes committed by women in a particularly gendered context. Wretched Sisters is unique in its analysis of the legal and cultural circumstances that determine why a small number of women are sentenced to death and provides a detailed account of how these fourteen women came to be subjected to the ultimate punishment.
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.
How did ideas about crime and criminals change in Europe from
around 1750 to 1940? How did European states respond to these
changes with the development of police and penal institutions?
Clive Emsley attempts to address these questions using recent
research on the history of crime and criminal justice in Europe.
Exploring the subject chronologically, he addresses the forms of
offending, the changing interpretations and understandings of that
offending at both elite and popular levels, and how the emerging
nation states of the period responded to criminal activity by the
development of police forces and the refinement of forms of
punishment.
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 Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.
Over the last quarter of a century a new system of global criminal justice has emerged; national judges have become bolder in prosecuting crimes committed abroad, special tribunals have been able to target national leaders as well as their henchmen, and a permanent International Criminal Court has been established. But how successful have these ambitious transformations been? Have they ushered in a new era of cosmopolitan justice or are the old principles of victors justice still in play? In this book, Daniele Archibugi and Alice Pease offer a vibrant and thoughtful analysis of the successes and shortcomings of the global justice system from 1945 to the present day. Part I traces the evolution of this system and the cosmopolitan vision enshrined within it. Part II looks at how it has worked in practice - focusing on the trials of some of the world s most notorious war criminals, including Augusto Pinochet, Slobodan Milo evi , Radovan Karad i , Saddam Hussein and Omar al-Bashir, to assess the efficacy of the new dynamics of international punishment and the extent to which they can operate independently, without the interference of powerful governments and their representatives. Looking to the future, Part III asks how the system s failings can be addressed. What actions are required for cosmopolitan values to become increasingly embedded in the global justice system in years to come?
When the tough-on-crime politics of the 1980s overcrowded state prisons, private companies saw potential profit in building and operating correctional facilities. Today more than a hundred thousand of the 1.5 million incarcerated Americans are held in private prisons in twenty-nine states and federal corrections. Private prisons are criticized for making money off mass incarceration-to the tune of $5 billion in annual revenue. Based on Lauren-Brooke Eisen's work as a prosecutor, journalist, and attorney at policy think tanks, Inside Private Prisons blends investigative reportage and quantitative and historical research to analyze privatized corrections in America. From divestment campaigns to boardrooms to private immigration-detention centers across the Southwest, Eisen examines private prisons through the eyes of inmates, their families, correctional staff, policymakers, activists, Immigration and Customs Enforcement employees, undocumented immigrants, and the executives of America's largest private prison corporations. Private prisons have become ground zero in the anti-mass-incarceration movement. Universities have divested from these companies, political candidates hesitate to accept their campaign donations, and the Department of Justice tried to phase out its contracts with them. On the other side, impoverished rural towns often try to lure the for-profit prison industry to build facilities and create new jobs. Neither an endorsement or a demonization, Inside Private Prisons details the complicated and perverse incentives rooted in the industry, from mandatory bed occupancy to vested interests in mass incarceration. If private prisons are here to stay, how can we fix them? This book is a blueprint for policymakers to reform practices and for concerned citizens to understand our changing carceral landscape.
This book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the 'International Bill of Human Rights', academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-a-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences - and longer prison sentences - in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.
View the Table of Contents. "Best work of non-fiction about Virginia or by a Virginia
author." "Edds's powerful telling of Washington's experience uses court
documents, personal interviews, and a variety of other sources to
illustrate the political and social circumstances surrounding this
extraordinary case. This book invites the reader to think about how
due process is carried out and implemented. An Expendable Man is a
valuable study of not only the Virginia legal system, but also that
of the United States." "Explores the dark side of the system of capital punishment. The
book not only goes into great detail in recording Earl Washington,
Jr.'s near-execution but also incorporates some history of the
Virginia legal system." "The book is provocative for its vivid characterization and its
study of the death penalty's inherent flaws." "Somewhere between the personal narratives found in H. Bruce
Franklin's collection "Prison Writing in 20th-Century America," the
critical work of Mumia Abu-Jamal, and the recent profusion of
sociological studies of America's accelerated prison economy, An
Expendable Man gives us a moving portrait of a broad-based struggle
on behalf of one man, and implies ways in which the halls of
justice might become more just." "Careful documentation. Edge-of-the-seat human drama. An
exploration of loopholes in judicial safeguards against wrongful
executions. An Expendable Man contains all of these--and
more." "An Expendable Man forcefully describes how anumber of deeply
committed people resurrected the hope of an innocent man. Edds's
narrative painstakingly follows the sinuous protocols of due
process in America. An Expendable Man gives us a moving portrait of
a broad-based struggle on behalf of one man, and implies ways in
which the halls of justice might become more just." "One of the unique features of the book is its detailed
explanation of the death penalty procedure in Virginia, which is
second only to Texas in its number of executions." "A fascinating story, told colorfully and with the law and
justice the final victor." "With chilling clarity, Margaret Edds peels back the layers of
the legal, judicial and social orders to explain how an innocent
man comes within nine days of execution." "Earl Washington's story reveals the dark side of a system that
is not known for admitting its mistakes. We have a lot to learn
from this case, which highlights many of the problems we see over
and over again in cases of wrongful conviction." "Margaret Edds' book on Earl Washington shows the heavy
handedness with which our society deals with those it deems
expendable. It demonstrates how the politics of the death penalty
skews our moral compass and how a small group of volunteers toiled
for many years to set it straight for one expendable man. Whatever
your position on the death penalty, if you want to know how it
actually works, read this book." "In An ExpendableMan, Margaret Edds gives a whole new meaning to
the 'Virginia Reel, ' sending the reader spinning off into dizzying
fits of confusion and rage. As she carries us deeper and deeper
into the Virginia justice system, one almost understands how
helpless Earl Washington must have felt in the hands of those
intent on killing him for something he didn't do. Edds here exposes
criminal justice in Virginia as a triumph of style over substance,
laying bare the ease with which the aseat of democracy' became a
fortress of hypocrisy." "Whether you support or oppose the death penalty, you need to
understand what almost happened to a man named Earl Washington.
Margaret Edds tells his tragic, arresting story with remarkable
sensitivity and a clear-eyed understanding of the stakes not just
for Earl Washington, but for all of us." How is it possible for an innocent man to come within nine days of execution? An Expendable Man answers that question through detailed analysis of the case of Earl Washington Jr., a mentally retarded, black farm hand who was convicted of the 1983 rape and murder of a 19-year-old mother of three in Culpeper, Virginia. He spent almost 18 years in Virginia prisons--9 1/2 of them on death row--for a murder he did not commit. This book reveals the relative ease with which individuals who live at society's margins can be wrongfully convicted, and the extraordinary difficulty of correcting such a wrong once it occurs. Washington was eventually freed in February 2001 not because of the legal and judicial systems, but in spite of them. WhileDNA testing was central to his eventual pardon, such tests would never have occurred without an unusually talented and committed legal team and without a series of incidents that are best described as pure luck. Margaret Edds makes the chilling argument that some other "expendable men" almost certainly have been less fortunate than Washington. This, she writes, is "the secret, shameful underbelly" of America's retention of capital punishment. Such wrongful executions may not happen often, but anyone who doubts that innocent people have been executed in the United States should remember the remarkable series of events necessary to save Earl Washington Jr. from such a fate.
This volume of the JPP looks at the aging process inside prisons, where every problem is amplifi ed by the prisoner's age. From the changing nature of dreams, valiant attempts to forestall mental decline, and thwarted attempts to access education, to the pain of watching children grow up without them, and the impossibility of adequate care in their declining years, prisoners share the desperation of growing old behind bars. Even in the stultifying environment of prison, however, personal growth can and does fl ourish and prisoners can contribute in many ways. Is the person who committed a crime in 1965 or 1985 still the same person in 2005? The resilience of the human spirit and the power of time, even in the absence of any other encouragement towards rehabilitation, have proven themselves over and over again. But even "model prisoners" are permanently held suspect. What kind of justice system have we constructed when even professed Christians no longer believe in redemption and forgiveness? "Godot never arrived, and Vladimir and Estragon only grew older while they waited."
The Government has embarked on a programme of radical reform for the probation and prison services with the setting up of a National Offender Management Service (NOMS). The aim is to make the two services work more effectively together, and to promote private sector involvement in 'corrections' work. This groundbreaking volume takes a critical look at the different aspects of the NOMS proposals, at a time when the Government is still working out the detail of its reforms. No other academic publication has scrutinised the NOMS proposals so closely. Through six contributions from leading experts on probation and criminal justice the report identifies the risks attached to NOMS; assesses the prospects of success; provides ideas for reshaping government plans and presents an authoritative critique of a set proposals that could go badly wrong. The report will be crucial reading for politicians, civil servants and criminal justice managers. Senior probation and prison staff will find it of particular value.
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. |
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