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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches. Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.
Through the author's experiences, investigations and discussions with artists, art therapists and inmates from around the world, Art and Art Therapy with the Imprisoned: Re-Creating Identity comprehensively explores the efficacy, methods, and outcomes of art and art therapy within correctional settings. The text begins with a theoretical and historical overview of art in prisons as a precursor to exploring the benefits of art therapy, followed by a deeper exploration of art therapy as a primary focus for wellness and mental health inside penitentiaries. Relying on several theoretical perspectives, results of empirical research studies, and case vignettes and illustrations gleaned from over 25 years of clinical and programmatic experience, this book argues why art therapy is so beneficial within prisons. This comprehensive guide is essential reading for professionals in the field, as well as students of sociology, criminology, art theory, art therapy, and psychology who wish to explore the benefits of art therapy with inmate populations.
Through the author's experiences, investigations and discussions with artists, art therapists and inmates from around the world, Art and Art Therapy with the Imprisoned: Re-Creating Identity comprehensively explores the efficacy, methods, and outcomes of art and art therapy within correctional settings. The text begins with a theoretical and historical overview of art in prisons as a precursor to exploring the benefits of art therapy, followed by a deeper exploration of art therapy as a primary focus for wellness and mental health inside penitentiaries. Relying on several theoretical perspectives, results of empirical research studies, and case vignettes and illustrations gleaned from over 25 years of clinical and programmatic experience, this book argues why art therapy is so beneficial within prisons. This comprehensive guide is essential reading for professionals in the field, as well as students of sociology, criminology, art theory, art therapy, and psychology who wish to explore the benefits of art therapy with inmate populations.
This is a history of the California prison movement from 1950 to 1980, focusing on the San Francisco Bay Area's San Quentin State Prison and highlighting the role that prison reading and writing played in the creation of radical inmate ideology in those years. The book begins with the Caryl Chessman years (1948-60) and closes with the trial of the San Quentin Six (1975-76) and the passage of California's Determinate Sentencing Law (1977). This was an extraordinary era in the California prisons, one that saw the emergence of a highly developed radical convict resistance movement inside prison walls. This inmate groundswell was fueled at times by remarkable individual prisoners, at other times by groups like the Black Muslims or the San Quentin chapter of the Black Panther Party. But most often resistance grew from much wider sources and in quiet corners: from dozens of political study groups throughout the prison; from an underground San Quentin newspaper; and from covert attempts to organize a prisoners' union. The book traces the rise and fall of the prisoners' movement, ending with the inevitably bloody confrontation between prisoners and the state and the subsequent prison administration crackdown. The author examines the efforts of prison staff to augment other methods of inmate management by attempting to modify convict ideology by means of "bibliotherapy" and communication control, and describes convict resistance to these attempts as control. He also discusses how Bay Area political activists became intensely involved in San Quentin and how such writings as Chessman's Cell 2455, Cleaver's Soul on Ice, and Jackson's Soledad Brother reached far beyond prison walls to influence opinion, events, and policy.
This is a fascinating and important study of ideas of justice and punishment held by the ancient Greeks. The author traces the development of these ideas from Homer to Plato, analysing in particular the completely radical new system of punishment put forward by Plato in his dialogue the Laws. From traditional Greek ideas of cursing and pollution through to Plato's views on homicide and poisoning by doctors, this enlivening book has a wealth of insights to interest both ancient historians and classicists, and all those interested in the history of philosophy and ethics. `Quite simply, essential reading.' (Greece and Rome)
This book brings together the major findings of 11 projects funded under the "Crime and the Criminal Justice System Initiative" by the Economic and Social Research Council in the mid-1980s. Normally, each project team produces a spate of books and articles for largely academic audiences, but in this case a special effort has also been made to convey the importance of the findings to a wider public. The crises which afflict our criminal justice system can only be resolved if their hard-won insights are taken up in public policy debates. Topics range from chapters on the changes in criminal justice policy since 1945 to the scope for using the law as a resource to devise elaborate schemes of tax avoidance. Major policy initiatives on criminal prosecution and police accountability are shown to be falling short of their objectives. In these and other chapters, the complexity of key problems that beset the system is unravelled and the possibilities of change are set out in correspondingly sharp relief.
A groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France's inhumane treatment of prisoners Founded by Michel Foucault and others in 1970-71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Helene Cixous and writings by Gilles Deleuze and Jean Genet. These archival documents-public announcements, manifestos, reports, pamphlets, interventions, press conference statements, interviews, and round table discussions-trace the GIP's establishment in post-1968 political turmoil, the new models of social activism it pioneered, the prison revolts it supported across France, and the retrospective assessments that followed its denouement. At the same time, Intolerable offers a rich, concrete exploration of Foucault's concept of resistance, providing a new understanding of the arc of his intellectual development and the genesis of his most influential book, Discipline and Punish. Presenting the account of France's most vibrant prison resistance movement in its own words and on its own terms, this significant and relevant collection also connects the approach and activities of the GIP to radical prison resistance movements today.
Prisons have a very distinctive environment, one in which particular psychological problems occur with exaggerated frequency and intensity. If prison staff are to work effectively they must be aware of the influence of this unique environment upon the behaviour of those who inhabit it. This book argues that by applying psychological principles the behaviour of prisons can be better understood, and violence, distress and stress can be limited. The authors show how psychology can be used to increase our understanding of prisoners, how they became involved in crime, and how they adapt to prison life. They explain how psychology can be used and applied to make for more effective day-to-day dealing with prisoners. The authors focus on key areas of tension and particular problem groups, including sex offenders, violent offenders and the issue of AIDS. But the book also considers the effect that working in a prison has on its staff and explores how they can use psychological principles both to reduce the level of stress they undergo in their work and to secure the prisoners' mental well being.
Between the seventeenth and nineteenth centuries, Western societies abandoned public executions in favor of private punishments, primarily confinement in penitentiaries and private executions. The transition, guided by a reconceptualization of the causes of crime, the nature of authority, and the purposes of punishment, embodied the triumph of new sensibilities and the reconstitution of cultural values throughout the Western world. This study examines the conflict over capital punishment in the United States and the way it transformed American culture between the Revolution and the Civil War. Relating the gradual shift in rituals of punishment and attitudes toward discipline to the emergence of a middle class culture that valued internal restraints and private punishments, Masur traces the changing configuration of American criminal justice. He examines the design of execution day in the Revolutionary era as a spectacle of civil and religious order, the origins of organized opposition to the death penalty and the invention of the penitentiary, the creation of private executions, reform organizations' commitment to social activism, and the competing visions of humanity and society lodged at the core of the debate over capital punishment. A fascinating and thoughtful look at a topic that remains of burning interest today, Rites of Execution will attract a wide range of scholarly and general readers.
Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. Since the first publication of The Future of Crime and Punishment in 2015 there have been some significant changes in American criminal justice. While some efforts are moving in the right direction they are still nowhere close to meaningful criminal justice reform that focuses on large scale diversion and appropriate, expert treatment and rehabilitation of the majority of offenders. In this updated paperback edition, Kelly provides readers with updated crime, recidivism and the cost of crime statistics; notes the recent trends such as the modest reduction in incarceration; and discusses the impacts of the election of Trump, including his "law and order" stance as a candidate, his blurring of crime and immigration, the Justice Department's renewed war on drugs and the opioid crisis by emphasizing a criminal justice response to a public health problem. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
In this work, the author reveals the hidden world of the laogai - the PRC's labour reform camps. The author, a political prisoner for 19 years, takes the reader through the harsh reality found in the camps, describing their ideological origins, complex structures and living conditions. What makes the PRC's laogai unique, according to Wu, is the essential contribution to China's GNP of the commodities produced by the prisoners and the camps' concomitant indispensability to the nation's economic health.
Based on a two-part study, this book examines the courts' interpretation of murder and the management of those serving life sentences for murder. It discusses the law, judges' difficulties in interpreting the law and inconsistencies that occur in various cases. The author suggests that legal reforms should ensure that the stigma attached to murder is maintained. Part two looks at life imprisonment as the maximum penalty for murder. It examines the operation of the Prison Department's policy of managing "lifers", and the possibilities for releasing them without endangering the public.
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.
The UN Global Study on Children Deprived of Liberty detailed many children's poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland's experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children's rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.
In the last fifteen years alone, over 300 riots have erupted in US prisons, with enormous costs: over a hundred lives; uncounted beatings, rapes and assaults; and the destruction of hundreds of millions of dollars of prison property. Why and how do these riots occur? This book provides a fascinating and dramatic account of five major prison riots, including the Attica rebellion of 1971. They show how riots have evolved in the past twenty year in relation to America's changing penal system and society. They draw on in-depth interviews with rioters, transcripts of post-riot investigations, and results of a questionnaire about inmate disturbances in every maximum and medium-security prison in the US. By demonstrating that the growth of riots depends both on the state's capabilities and on inmates' pre-existing organizations, their ethnicity, and the revolts' root causes, the authors expose the absence of a consistent and realistic policy towards the prison population of the US.
When the deplorable conditions in Alabama's prisons were revealed at trial in 1975, Judge Frank Johnson declared the prison system as a whole to constitute cruel and unusual punishment in violation of the eighth amendment. He then issued an elaborate decree specifying improvements that must be made to satisfy constitutional standards. In this study, Larry W. Yackle describes the campaign to achieve prison reform in Alabama through constitutional litigation in the federal courts and surveys the process that produced Johnson's decree, and subsequent efforts to enforce his order in the face of bureaucratic inertia, administrative incompetence, and political demagogy. A decade later, the prisons showed significant physical improvements, but Alabama's resistance to progressive penal policies remained intact and impeded lasting change. Covering the lawyers' strategies, Judge Johnson's creative actions, and the machinations of state and federal officials including the Department of Justice under President Ronald Reagan, this book conveys the frustrating yet effective effort at prison litigation and offers important lessons for other proponents of penal reform across the country.
In the archives of the Memorial International Human Rights Centre in Moscow is an extraordinary diary, a rare first-person testimony of a commander of guards in a Soviet labour camp. Ivan Chistyakov was sent to the Gulag in 1937, where he worked at the Baikal-Amur Corrective Labour Camp for over a year. Life at the Gulag was anathema to Chistyakov, a cultured Muscovite with a nostalgia for pre-revolutionary Russia, and an amateur painter and poet. He recorded its horrors with an unmatchable immediacy, documenting a world where petty rivalries put lives at risk, prisoners hacked off their fingers to bet in card games, railway sleepers were burned for firewood and Siberian winds froze the lather on the soap. From his stumbling poetic musings on the bitter landscape to his matter-of-fact grumbles about his stove, from accounts of the conditions of the camp to reflections on the cruelty of loneliness, this diary is unique - a visceral and immediate description of a place and time whose repercussions still affect the shape of modern Russia.
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.
While most western democracies have renounced the death penalty, capital punishment enjoys vast and growing support in the United States. A significant and vocal minority, however, continues to oppose it. Against Capital Punishment is the first full account of anti-death penalty activism in America during the years since the ten-year moratorium on executions ended. Building on in-depth interviews with movement leaders and the records of key abolitionist organizations, this work traces the struggle against the pro-death penalty backlash that has steadily gained momentum since the 1970s. It reviews the conservative turn in the courts which, over the last two decades, has forced death penalty opponents to rely less on the litigation strategies that once served them well. It describes their efforts to mount a broad-based educational and political assault on what they see as the most cruel, racist, ineffective, and expensive manifestation of a criminal justice system gone wrong. Despite the efforts of death-penalty opponents, executions in the United States are on the increase. Against Capital Punishment diagnoses the reasons for the failure to mobilize widespread opposition to executions, and assesses the prospects for opposition to capital punishment in the future of the United States.
From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past."
The Routledge Handbook of Industry and Development is a global overview of industrialisation. Each chapter will provide readers with contemporary insights into this this essential aspect of economic development. Industrialisation has been at the forefront of discussion on economic development since the earliest days of development economics. But over the last fifty years, the manufacturing sectors of different countries and regions have grown at strikingly different rates. In 1960 developing countries took a very small share of global manufacturing production. Today the position had changed radically with fast growth of manufacturing in many parts of what was originally the developing world, particularly in China and the rest of East Asia. On the other hand, countries in Africa and parts of Latin America have been largely left behind by this process of industrialisation. This volume aims to illuminate this uneven development and takes stock of the current issues that hinder and support industrialisation in low and middle income economies. This Handbook is a collection of chapters on different aspects of industrialisation experience in a range of countries. Key themes include, the role of manufacturing in growth, the nature of structural change at different stages of development, the role of manufacturing in employment creation, alternative options for trade and industrial policy, the key role of technology and technical change, and the impact of globalisation and the spread of global value chains and foreign direct investment on prospects for industrialisation. Several chapters discuss individual country experiences with examples from India, Mexico, South Africa and Tanzania, as well as an overview of African industrialisation. This authoritative Handbook will be a key reference source for those studying or wishing to understand contemporary economic development. Offering inspiration and direction for future research, this landmark volume will be of crucial importance to all development economics scholars and researchers.
In 2007, the Corston Report recommended a far-reaching, radical, 'women-centred' approach to women's imprisonment in England and Wales. It suggested a 'fundamental re-thinking' about how services to support women in conflict with the law are delivered in custody and in the community, recommending the development and implementation of a decarceration strategy. This argued for appropriate treatment programmes in the community, reserving prison for only those women who commit serious and violent offences. Ten years on, what progress has been made? What is the relationship between Corston's vision and a more radical abolitionist agenda? Drawing on a range of international scholarship, this book contributes to the critical discourse on the penal system, human rights, and social injustice, revealing the consequences of imprisonment on the lives of women and their families. A decade on from Corston's publication, it critically reviews her report, revealing the slow progress in meeting the reforms it proposed. Identifying the significant barriers to change, it questions the failure to reverse the unrelenting growth of the women's prison population or to transform state responses to women's offending. Reflecting the global expansion of women's imprisonment, particularly marked in advanced democratic societies, the chapters include comparative contributions from jurisdictions where Corston's recommendations have relevance. It concludes with a critical appraisal of reformism and the case for penal abolition. Essential for applied and theory courses on prisons, punishment, and penology; social justice and the criminology of human rights; gender and crime; and feminist criminology.
People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, called collateral legal consequences. Drawing on resources in moral, legal, and political philosophy, Hoskins analyzes the various kinds of collateral consequences imposed in different legal systems and the important moral challenges they raise. Can collateral legal consequences ever be justified as forms of criminal punishment or as civil measures? Hoskins contends that, considered as forms of punishment, such restrictions should be constrained by considerations of proportionality and offender reform. He also argues that they may in a limited range of cases be permissible as risk-reductive civil measures. Whether considered as criminal punishment or civil measures, however, collateral legal consequences are justifiable in a far narrower range of cases than we find in current legal practice. Considering just how pervasive collateral legal consequences have become and their dramatic effects on offenders' lives, Beyond Punishment? sheds valuable light on whether these restrictive measures are ever morally justified.
As banks crashed, belts tightened, and cupboards emptied across the country, American prisons grew fat. Doing Time in the Depression tells the story of the 1930s as seen from the cell blocks and cotton fields of Texas and California prisons, state institutions that held growing numbers of working people from around the country and around the worldooverwhelmingly poor, disproportionately non-white, and displaced by economic crisis. Ethan Blue paints a vivid portrait of everyday life inside Texas and California's penal systems. Each element of prison lifeo from numbing boredom to hard labour, from meagre pleasure in popular culture to crushing pain from illness or violenceodemonstrated a contest between keepers and the kept. From the moment they arrived to the day they would leave, inmates struggled over the meanings of race and manhood, power and poverty, and of the state itself. In this richly layered account, Blue compellingly argues that punishment in California and Texas played a critical role in producing a distinctive set of class, race, and gender identities in the 1930s, some of which reinforced the social hierarchies and ideologies of New Deal America, and others of which undercut and troubled the established social order. He reveals the underside of the modern state in two very different prison systems, and the making of grim institutions whose power would only grow across the century. Ethan Blue is an Assistant Professor of History at the University of Western Australia.
Change is an inevitable part of any correctional institution, as new trends and initiatives constantly bombard the system. However, as budgetary constraints increasingly require correctional agencies to do more with less, a paradigm shift in the way they operate is imperative to ensure success. Correctional Administration and Change Management examines leadership, management, and organizational culture and how they apply to correctional agencies, enabling administrators to identify the changes that can be successfully implemented within the organizational context. The book begins by defining the construct of change management in corrections. It reviews management theory and discusses why change is so difficult in correctional environments. It also introduces the concept of organizational capacity and examines its importance. After providing this fundamental background as a starting point, the authors discuss:
Correctional organizations struggle to keep abreast with the constant influx of change propagated by internal and external forces. Steeped in research, this volume highlights proven methods that can be utilized by any correctional organization to establish the capacity to adapt to change, and to make these changes successful. Learning objectives, key terms, discussion questions, references for additional reading, and web links appear throughout the book. Instructors have access to PowerPoint(r) lecture slides with graphics from the text. An accompanying solutions manual allows correctional administrators to work through current issues that their agency is faced with in each topical area, and instructors can use it as part of a management simulation program. |
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