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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
While much has been written on both political obligation and the justification of punishment, there has been little sustained effort to link the two. In Playing Fair, Richard Dagger aims to fill this gap and provide a unified theory of political obligation and the justification of punishment that takes its bearings from the principle of fair play. To do this, he first establishes the principle of fair playthe idea that people in a cooperative venture have obligations to one another to shoulder a fair share of the burdens because they receive a fair share of the benefits of cooperationas the basis of political obligation. Dagger then argues that the members of a reasonably just polity have an obligation to obey its laws because they have an obligation of reciprocity, or fair play, to one another. This theory of political obligation provides answers to fundamental and still debated questions about how to justify punishment, who has the right to carry it out, and how much to punish. Playing Fair brings two long-standing concerns of political and legal philosophy together to rebut those who deny the possibility of a general obligation to obey the law, to defend the link between political authority and obligation, and to establish the proper scope of criminal law.
First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
The huge prison buildup of the past four decades has few defenders, yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship--posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies--one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism. With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.
Correctional policies for Islamist violent extremist offenders are often based on the premise that prisons can be hotbeds of radicalization. The perception that inmates are susceptible to violent extremist belief systems has given rise to a fervent international public, political, and scholarly debate and has led to the introduction of drastic, often expensive policies to counter the threat of prison radicalization. But is the introduction of these policies justified? A key question is whether violent extremist offenders should be concentrated in separate high-security prisons, or whether they should be integrated into the mainstream inmate population. Prisoner Radicalization and Terrorism Detention Policy argues that concentration strategies to manage violent extremist offenders are often flawed - based on untested, potentially false assumptions that are rooted in fear rather than in facts. Little academic evidence has been produced that can valuably inform policy making in this area. As a result, policies to detain violent extremist offenders may be inadequately tailored to achieve their objectives, and could even lead to an intensification of the violent extremist threat. This book is the first to present a detailed and systematic case study of the decision-making and implementation process behind terrorism detention policy. It will be essential reading for students, scholars and policymakers researching criminal justice, terrorism and extremism.
The fascinating story behind the innocence movement's quest for justice. Documentaries like Making a Murderer, the first season of Serial, and the cause celebre that was the West Memphis Three captured the attention of millions and focused the national discussion on wrongful convictions. This interest is warranted: more than 1,800 people have been set free in recent decades after being convicted of crimes they did not commit. In response to these exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the "innocence movement." Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States. Robert Norris also examines how and why the innocence movement took hold. He argues that while the innocence movement did not begin as an organized campaign, scientific, legal, and cultural developments led to a widespread understanding that new technology and renewed investigative diligence could both catch the guilty and free the innocent. Exonerated reveals the rich background story to this complex movement.
The recent explosion in women's imprisonment in the US- 2,800 percent increase from 1970 to 2001- and around the world has received little critical analysis. Women of colour, immigrants, and indigenous women, in particular, have been targeted by 'tough on crime' policies and the global war on drugs, making them the majority inside prison walls while still the minority outside of them. The symbiotic relationship between private prison corporations and the state criminal justice system has also led to harsher sentencing and enforcement, causing prison overcrowding and creating a demand for more prison construction. This collection of essays provides a new analysis of women in prison, shifting the focus from the reasons behind women's criminal behavior to the role of the state, corporations, and the media in their imprisonment. While much analysis has focused on the rise of imprisoned men of color, scholars have neglected to look at the way race, gender, and class affect the criminalization of women. The essays engage in such controversial topics as the war on drugs, immigrant trafficking, and prisoner rights.
Although prison can present a critical opportunity to engage with offenders through interventions and programming, reoffending rates among those released from prison remain stubbornly high. Sport can be a means through which to engage with even the most challenging and complex individuals caught up in a cycle of offending and imprisonment, by offering an alternative means of excitement and risk taking to that gained through engaging in offending behaviour, or by providing an alternative social network and access to positive role models. This is the first book to explore the role of sport in prisons and its subsequent impact on rehabilitation and behavioural change. The book draws on research literature on the beneficial role of sport in community settings and on prison cultures and regimes, across disciplines including criminology, psychology, sociology and sport studies, as well as original qualitative and quantitative data gathered from research in prisons. It unpacks the meanings that prisoners and staff attach to sport participation and interventions in order to understand how to promote behavioural change through sport most effectively, while identifying and tackling the key emerging issues and challenges. Sport in Prison is essential reading for any advanced student, researcher, policy-maker or professional working in the criminal justice system with an interest in prisons, offending behaviour, rehabilitation, sport development, or the wider social significance of sport.
Redemption, Rehabilitation and Risk Management provides the most accessible and up-to-date account of the origins and development of the Probation Service in England and Wales. The book explores and explains the changes that have taken place in the service, the pressures and tensions that have shaped change, and the role played by government, research, NAPO, and key individuals from its origins in the nineteenth century up to the plans for the service outlined by the Conservative/Liberal Democrat government. The probation service is a key agency in dealing with offenders; providing reports for the courts that assist sentencing decisions; supervizing released prisoners in the community and working with the victims of crime. Yet despite dealing with more offenders than the prison service, at lower cost and with reconviction rates that are lower than those associated with prisons, the Probation Service has been ignored, misrepresented, taken for granted and marginalized, and probation staff have been sneered at as 'do-gooders'. The service as a whole is currently under serious threat as a result of budget cuts, organizational restructuring, changes in training, and increasingly punitive policies. This book details how probation has come to such a pass. By tracing the evolution of the probation service, Redemption, Rehabilitation and Risk Management not only sheds invaluable light on a much misunderstood criminal justice agency, but offers a unique examination of twentieth century criminal justice policy. It will be essential reading for students and academics in criminal justice and criminology.
Despite their very different histories, societies, political and legal systems, Russia and the UK stand out as favouring a punitive approach to young law breakers, imprisoning many more children than any other European countries. The book is based on the author's primary research in Russia in which she visited a dozen closed institutions from St Petersburg to Krasnoyarsk and on similar research in England and Northern Ireland. The result is a unique study of how attitudes to youth crime and criminal justice, the political environment and the relationship between state and society have interacted to influence the treatment of young offenders. McAuley's account of the twists and turns in policy towards youth illuminate the extraordinary history of Russia in the twentieth century and the making of social policy in Russia today. It is also the first study to compare the UK (excluding Scotland because of its separate juvenile justice system) with Russia, a comparison which highlights the factors responsible for the making of 'punitive' policy in the two societies. McAuley places the Russian and UK policies in a European context, aiming to reveal how other European countries manage to put so many fewer children behind bars.
THE ULTIMATE GUIDE FOR SURVIVING LIFE IN PRISON Charles Bronson knows more about life in prison than anyone else in Britain - on either side of the bars. Jailed originally in 1974, his life since then has been once unbroken stretch of over forty-five years, much of it in solitary confinement, moved repeatedly as prison after prison failed to contain his explosive temper. It would be enough to break an ordinary man - but Bronson is no ordinary man, and this is no ordinary prison diary. Written by our most notorious prisoner, Behind Bars is Bronson's irreverent, hard-hitting and darkly funny guide to life in Britain's penal institutions. From the correct way to brew vintage prison 'hooch' and how to keep the screws from finding it, to taming techniques for prison wildlife that may be your only friends on long stretches in solitary; from the fastest way to win a canteen fight to how to plan a prison wedding, this book tells you everything you need to know - and a few things you don't - about what goes on behind the locked doors of Britain's historic (and sometimes pre-historic) jail cells. Don't get nicked without it.
Millions of pounds are spent every year trying to tackle human trafficking, modern slavery and child sexual exploitation. These are apparently threats perpetrated by 'criminal masterminds', spreading at a dizzying rate and approaching epidemic proportions - or so the story goes. Amid all the bold rhetoric and sweeping claims, there is very little robust research to help understand these problems and inform evidence-based policy and practice. In this book, readers are invited to delve inside the murky world of human trafficking. It focuses on the internal (domestic) trafficking of children for sexual exploitation. It is based on far-reaching analysis of six of the earliest and largest such investigations in the United Kingdom (UK), including the infamous Derby and Rochdale cases that sparked nationwide concerns about 'street grooming' and 'Asian sex gangs'. Innovative methods, analytical rigour and truly extraordinary data underpin the research: a nuanced and sometimes unsettling exploration of the offender and victim networks, their characteristics, structure, activity and dynamics and the problems they pose for investigation and prosecution. The results paint a picture of a sprawling and dynamic system of grooming and abuse that is deeply embedded in complex webs of social relations and interactions. This book challenges accepted wisdom, debunks myths and introduces new and fundamentally different ways of thinking about trafficking and its prevention. An accessible and compelling read, this book is for academics, policymakers, practitioners and others interested in serious and organised crime.
Capital punishment for murder was abolished in Britain in 1965. At this time, the way people in Britain perceived and understood the death penalty had changed - it was an issue that had become increasingly controversial, high-profile and fraught with emotion. In order to understand why this was, it is necessary to examine how ordinary people learned about and experienced capital punishment. Drawing on primary research, this book explores the cultural life of the death penalty in Britain in the twentieth century, including an exploration of the role of the popular press and a discussion of portrayals of the death penalty in plays, novels and films. Popular protest against capital punishment and public responses to and understandings of capital cases are also discussed, particularly in relation to conceptualisations of justice. Miscarriages of justice were significant to capital punishment's increasingly fraught nature in the mid twentieth-century and the book analyses the unsettling power of two such high profile miscarriages of justice. The final chapters consider the continuing relevance of capital punishment in Britain after abolition, including its symbolism and how people negotiate memories of the death penalty. Capital Punishment in Twentieth-Century Britain is groundbreaking in its attention to the death penalty and the effect it had on everyday life and it is the only text on this era to place public and popular discourses about, and reactions to, capital punishment at the centre of the analysis. Interdisciplinary in focus and methodology, it will appeal to historians, criminologists, sociologists and socio-legal scholars.
'When silence or tricks of language contribute to maintaining an abuse that must be reformed or a suffering that can be relieved, then there is no other solution but to speak out' Written when execution by guillotine was still legal in France, Albert Camus' devastating attack on the 'obscene exhibition' of capital punishment remains one of the most powerful, persuasive arguments ever made against the death penalty. One of twenty new books in the bestselling Penguin Great Ideas series. This new selection showcases a diverse list of thinkers who have helped shape our world today, from anarchists to stoics, feminists to prophets, satirists to Zen Buddhists.
Thousands of pregnant women pass through our nation's jails every year. What happens to them as they carry their pregnancies in a space of punishment? In this time when the public safety net is frayed, incarceration has become a central and racialized strategy for managing the poor. Using her ethnographic fieldwork and clinical work as an ob-gyn in a women's jail, Carolyn Sufrin explores how jail has, paradoxically, become a place where women can find care. Focusing on the experiences of incarcerated pregnant women as well as on the practices of the jail guards and health providers who care for them, Jailcare describes the contradictory ways that care and maternal identity emerge within a punitive space presumed to be devoid of care. Sufrin argues that jail is not simply a disciplinary institution that serves to punish. Rather, when understood in the context of the poverty, addiction, violence, and racial oppression that characterize these women's lives and their reproduction, jail can become a safety net for women on the margins of society.
A digitally remastered facsimile edition of Danny Lyon's seminal 1971 photobook, highly influential in the history of documentary photography. Conversations with the Dead provides an extraordinary photographic record of life inside six Texas prisons and the relationships Lyon built with the inmates. Revolutionary at the time of publication, it was one of the first photobooks to include ephemera. This new edition has been updated with an afterward by Lyon himself detailing what happened to the inmates in the 40 years since the book was first published. It also offers new, unseen material including outtake images, audio recordings and newly commissioned texts on a specially created microsite as a free ibook edition of this landmark publication. Features: - A new afterward by Danny Lyon
This book advances conceptualisations and empirical understanding of the prison cell. It discusses the complexities of this specific carceral space and addresses its significance in relation to the everyday experiences of incarceration. The collected chapters highlight the array of processes and practices that shape carceral life, adding the cell to a rich area of discussion in penal scholarship, criminology, anthropology, sociology and carceral geography. The chapters highlight key aspects such as penal philosophies, power relationships, sensory and emotional engagements with place to highlight the breadth and depth of interdisciplinary perspectives on the prison cell: a contested place of home, labour and leisure. The Prison Cell's empirical attention is global in its consideration, bringing together both contemporary and historical work that focuses upon the cell in the Global North and South including examples from a variety of geographical locations and settings, including police custody, prisons and immigrant detention centres. This book is an important and timely intervention in the growing and topical field of carceral studies. It presents the only standalone collection of essays with a sole focus on the space of the cell.
'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.
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 addresses 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 book focuses on the comparative nature in which different states studied each other and their institutions, and the ways in which different reformers exchanged ideas and investigated policing and penal experiments in other countries. It also explores the theoretical issues underpinning recent research, emphasising that the changes in ideas on crime and criminals were neither linear nor circular, and demonstrating clearly that many ideas hailed as new by contemporary politicians and in current debate on crime and its 'solutions', have a very long and illustrious history.
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.
A fascinating look at the social life of women in prison. Intended to shine the light on prison social life in the face of allegations of all sorts of misconduct and deviant behaviors.
Restorative Justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor prevents reoffending. In its place, they suggest, should be restorative justice, in which families and communities of offenders encourage them to take responsibility for the consequences of their actions, express repentance and repair the harm they have done. First published in 2002, Restorative Justice: Ideas, Values, Debates is renowned worldwide as an accessible, balanced and invaluable analysis of the argument that restorative justice can provide an attractive alternative to traditional responses to crime. The second edition includes a new chapter identifying and analysing fundamental shifts and developments in restorative justice thinking over the last decade. It suggests that the campaign for restorative justice has not only grown rapidly in the last decade, but has also changed in its focus and character. What started as a campaign to revolutionise criminal justice has evolved into a social movement that aspires to implant restorative values into the fabric of everyday life. This new edition explores the implications of this development for restorative justice 's claim to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice. This book provides an essential introduction to the most fundamental and distinctive ideas of restorative justice and will appeal to students of criminology, law or related disciplines or researchers and professionals with an interest in crime and justice issues. In addition it extends the debate about the meaning of restorative justice pros, cons and wider significance hence it will also be of interest to those already familiar with the topic.
A fascinating record of how London and Londoners were shaped by nearly 700 years of public executions. More frequent in London than in any other city or town in Britain, these morbid spectacles often attracted tens of thousands of onlookers at locations across the capital and were a major part of Londoners' lives for centuries. From Smithfield to Kennington, Tyburn to Newgate Prison, public executions became embedded in London's landscape and people's lives. Even today, hints of this dark chapter in London's history can still be seen across the city. Featuring the lives and legacies of those who died or who witnessed public executions first hand from 1196 to 1868, this book tells the rarely told and often tragic human stories behind these events. It includes a range of fascinating objects, paintings and documents, many from the Museum of London's collections, such as the vest said to have been worn by King Charles I when he was executed, portraits of 'celebrity criminals', and last letters of the condemned. From the sites of execution to the thriving 'gallows' economy, the book reveals the role that Londoners played as both spectators and participants in this most public demonstration of state power over the life and death of its citizens.
Restorative justice is one of the most talked about developments in the field of crime and justice. Its advocates and practitioners argue that state punishment, society's customary response to crime, neither meets the needs of crime victims nor prevents reoffending. In its place, they suggest, should be restorative justice, in which families and communities of offenders encourage them to take responsibility for the consequences of their actions, express repentance and repair the harm they have done. First published in 2002, Restorative Justice: Ideas, Values, Debates is renowned worldwide as an accessible, balanced and invaluable analysis of the argument that restorative justice can provide an attractive alternative to traditional responses to crime. The second edition includes a new chapter identifying and analyzing fundamental shifts and developments in restorative justice thinking over the last decade. It suggests that the campaign for restorative justice has not only grown rapidly in the last decade, but has also changed in its focus and character. What started as a campaign to revolutionize criminal justice has evolved into a social movement that aspires to implant restorative values into the fabric of everyday life. This new edition explores the implications of this development for restorative justice s claim to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice. This book provides an essential introduction to the most fundamental and distinctive ideas of restorative justice and will appeal to students of criminology, law or related disciplines or researchers and professionals with an interest in crime and justice issues. In addition it extends the debate about the meaning of restorative justice pros, cons and wider significance hence it will also be of interest to those already familiar with the topic. |
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