Incarceration Without Conviction addresses an understudied fairness flaw in the criminal justice system. On any given day, approximately 500,000 Americans are in pretrial detention in the US, held in local jails not because they are considered a flight or public safety risk, but because they are poor and cannot afford bail or a bail bond. Over the course of a year, millions of Americans cycle through local jails, most there for anywhere from a few days to a few weeks. These individuals are disproportionately Black and poor. This book draws on extensive legal data to highlight the ways in which pretrial detention drives guilty pleas and thus fuels mass incarceration--and the disproportionate impact on Black Americans. It shows the myriad harms that being detained wreaks on people's lives and well-being, regardless of whether or not those who are detained are ever convicted. Rabinowitz argues that pretrial detention undermines the presumption of innocence in the American criminal justice system and, in so doing, erodes the very meaning of innocence.

Prisons and Forced Labour in Japan examines the local, national and international significance of convict labour during the colonization of Hokkaido between 1881 and 1894 and the building of the Japanese empire. Based on the analysis of archival sources such as prison yearbooks and letters, as well as other eyewitness accounts, this book uses a framework of global prison studies to trace the historical origins of prisons and forced labour in early modern Japan. It explores the institutionalization of convict labour on Hokkaido against the backdrop of political uprisings during the Meiji period. In so doing, it argues that although Japan tried to implement Western ideas of the prison as a total institution, the concrete reality of the prison differed from theoretical concepts. In particular, the boundaries between prisons and their environment were not clearly marked during the colonization of Hokkaido. This book provides an important contribution to the historiography of Meiji Japan and Hokkaido and to the global study of prisons and forced labour in general. As such, it will be useful to students and scholars of Japanese, Asian and labour history.

Focusing on three key stages of the criminal justice process - discipline, punishment, and desistance - and incorporating case studies from Asia, the Americas, Europe, Africa, and Australia, the thirteen essays in this collection are based on exciting new research that explores the evolution and adaptation of criminal justice and penal systems, largely from the early-nineteenth century to the present. They range across the disciplinary boundaries of History, Criminology, Law and Penology.

Journeying into and unlocking different national and international penal archives, and drawing on diverse analytical approaches, the essays forge new connections between historical and contemporary issues in crime, prisons, policing, and penal cultures, and challenge traditional western democratic historiographies of crime and punishment and categorisations of offenders, police and ex-offenders.

The individual essays provide new perspectives on race, gender, class, urban space, surveillance, policing, prisonisation and defiance and will be essential reading for academics and students engaged in the study of criminal justice, law, police, transportation, slavery, offenders and desistance from crime.

The words we use to talk about justice have an enormous impact on our everyday lives. As the first in-depth, ethnographic study of language, "Talking Criminal Justice" examines the speech of moral entrepreneurs to illustrate how our justice language encourages social control and punishment.

This book highlights how public discourse leaders (from both conservative and liberal sides) guide us toward justice solutions that do not align with our collectively professed value of "equal justice for all" through their language habits. This contextualized study of our justice language demonstrates the concealment of intentions with clever language use which mask justice ideologies that differ greatly from our widely espoused justice values.

By the evidence of our own words "Talking Criminal Justice "shows that we consistently permit and encourage the construction of people in ways which attribute motives that elicit and empower social control and punishment responses, and that make punitive public policy options acceptable.This book will be of interest to academics, students and professionals concerned with social and criminal justice, language, rhetoric and critical criminology.

The local prisons of the latter half of the nineteenth century refined systems of punishment so harsh that one judge considered the maximum penalty of two years local imprisonment to be the most severe punishment known to English law: "next only to death." This work examines how private perceptions and concerns became public policy. It also traces the move in English government from the rural and aristocratic to the urban and more democratic. It follows the rise of the powerful elite of the higher civil service, describes some of the forces that attempted to oppose it, and provides a window through which to view the process of state formation.

Concerns over insecurity and questions of safety have become central issues in social and political debates across Europe and the western world. Crucial changes have followed as a result, such as a redefinition of the role of the state in relation to policing - a central theme of this book - and an explosion in the growth of private policing. These developments have, in their turn, heightened feelings of insecurity and safety, particularly where populations have become increasingly mobile and societies more socially fragmented, culturally diverse and economically fragmented. Responses to insecurity now increasingly inform decisions made by governments, organisations and ordinary people in their social interactions. This book makes a key contribution to an understanding of these developments, approaching the subject from a range of perspectives, across several different disciplines. The three parts of the book look at broader theoretical and thematic issues, then at cross-national and pan-European developments and debates in European governance, and finally explore specific examples of local issues of community safety and the broader implications these have. Leading figures in the field draw upon criminological, legal, social, and political theory to shed new light on what has become one of the most intractable problems facing western societies.

In 1791, the French femme de lettres Olympe de Gouges wrote that 'as women have the right to take their places on the scaffold, they must also have the right to take their seats in government'. This book explores the issues of female emancipation through the history of female execution, from the burning of Joan of Arc in 1431 to the events of the French revolution.

Concentrating on individual victims, the author addresses the sexual attitudes and prejudices encountered by women condemned to death. She examines the horrific treatment of those denounced as witches and reveals the gruesome reality of death by hanging, burning or the guillotine. In an attempt to uncover the historical truth behind such figures as Joan of Arc, Anne Boleyn, Manon Roland and Charlotte Corday, she goes beyond biography to consider their deaths in symbolic terms. She also considers writers such as Genet, Yourcenar and Brecht and their treatment of the tragic, sacrificial and erotic aspects of female execution.

The death penalty has inspired controversy for centuries. Raising questions regarding capital punishment rather than answering them, "Questioning Capital Punishment" offers the footing needed to allow for more informed consideration and analysis of these controversies. Acker edits judicial decisions that have addressed constitutional challenges to capital punishment and its administration in the United States and uses complementary materials to offer historical, empirical, and normative perspectives about death penalty policies and practices. This book is ideal for upper-level undergraduate and graduate classes in criminal justice.

Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world's death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.

Why do some modern societies punish their offenders differently to others? Why are some more punitive and others more tolerant in their approach to offending and how can these differences be explained? Based on extensive historical analysis and fieldwork in the penal systems of England, Australia and New Zealand on the one hand and Finland, Norway and Sweden on the other, this book seeks to answer these questions. The book argues that the penal differences that currently exist between these two clusters of societies emanate from their early nineteenth-century social arrangements, when the Anglophone societies were dominated by exclusionary value systems that contrasted with the more inclusionary values of the Nordic countries. The development of their penal programmes over this two hundred year period, including the much earlier demise of the death penalty in the Nordic countries and significant differences between the respective prison rates and prison conditions of the two clusters, reflects the continuing influence of these values. Indeed, in the early 21st century these differences have become even more pronounced. John Pratt and Anna Eriksson offer a unique contribution to this topic of growing importance: comparative research in the history and sociology of punishment. This book will be of interest to those studying criminology, sociology, punishment, prison and penal policy, as well as professionals working in prisons or in the area of penal policy across the six societies that feature in the book.

Sex offending, and in particular child sex offending, is a complex area for policy makers, theorists and practitioners. A focus on punishment has reinforced sex offending as a problem that is essentially 'other' to society and discourages engagement with the real scale and scope of sexual offending in the UK. This book looks at the growth of work with sex offenders, questioning assumptions about the range and types of such offenders and what effective responses to these might be. Divided into four sections, this book sets out the growth of a broad legislative context and the emergence of child sexual offenders in criminal justice policy and practice. It goes on to consider a range of offences and victim typologies arguing that work with offenders and victims is complex and can provide a rich source of theoretical and practical knowledge that should be utilised more fully by both policy makers and practitioners. It includes work on female sex offenders, electronic monitoring and animal abuse as well as exploring interventions with sex offenders in three different contexts; prisons, communities and hostels. Bringing together academic, practice and policy experts, the book argues that a clear but complex theoretical and policy approach is required if the risk of re- offending and further victimisation is to be reduced. Ultimately, this book questions whether it makes sense to locate responsibility for responding to sexual offending solely within the criminal justice domain.

Power on the Inside is the first book to examine the historical development of prison gangs worldwide, from those that emerged inside mid-nineteenth-century Neapolitan prisons to the new generation of younger inmates challenging the status quo within gang subcultures today. Historian-criminologist Mitchel P. Roth examines prison gangs throughout the world, from the Americas, Oceania, and South Africa to Southeast Asia, Europe, and beyond. The book examines the many variables that influence the evolution of prison subcultures, from colonialism and population demographics to prison architecture and staff-prisoner relations. Power on the Inside features eighty historical and contemporary images and will inform professionals in the field as well as general readers who want to know more about the realities of prison gangs today.

Crime and Intelligence Analysis: An Integrated Real-Time Approach, 2nd Edition, covers everything crime analysts and tactical analysts need to know to be successful. Providing an overview of the criminal justice system as well as the more fundamental areas of crime analysis, the book enables students and law enforcement personnel to gain a better understanding of criminal behavior, learn the basics of conducting temporal analysis of crime patterns, use spatial analysis to better understand crime, apply research methods to crime analysis, and more successfully evaluate data and information to help predict criminal offending and solve criminal cases. A new chapter provides expert advice about terrorist threats and threat assessment. Criminal justice and police academy students, as well as civilians, sworn officers, and administrators, can build the skills to be credible crime analysts who play a critical role in the daily operations of law enforcement.

This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been 'saved' from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.

Handbook on the Consequences of Sentencing and Punishment Decisions, the third volume in the Routledge ASC Division on Corrections & Sentencing Series, includes contemporary essays on the consequences of punishment during an era of mass incarceration. The Handbook Series offers state-of-the-art volumes on seminal and topical issues that span the fields of sentencing and corrections. In that spirit, the editors gathered contributions that summarize what is known in each topical area and also identify emerging theoretical, empirical, and policy work. The book is grounded in the current knowledge about the specific topics, but also includes new, synthesizing material that reflects the knowledge of the leading minds in the field. Following an editors' introduction, the volume is divided into four sections. First, two contributions situate and contextualize the volume by providing insight into the growth of mass punishment over the past three decades and an overview of the broad consequences of punishment decisions. The overviews are then followed by a section exploring the broader societal impacts of punishment on housing, employment, family relationships, and health and well-being. The third section centers on special populations and examines the unique effects of punishment for juveniles, immigrants, and individuals convicted of sexual or drug-related offenses. The fourth section focuses on institutional implications with contributions on jails, community corrections, and institutional corrections.

Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill. Khechumyan argues that factors such as a prisoner's age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment 'grossly disproportionate'. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined. This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.

Despite the intensity of the national debate concerning control and correctional policies, neither the costs of existing agencies nor of alternative approaches are adequately understood. Accurate figures are not reported to private citizens or public officials, and spending is fragmented among different agencies and governing units. This study presents a comprehensive description and analysis of how much money was actually spent in New York in 1977-1978, at all levels of government, for each of the control systems that incarcerate or supervise criminal offenders/defendants. After a broad overview of criminal justice spending, it details spending for prisons, jails, probation, and parole; evaluates the services provided by these public expenditures; and discusses proposals for alternative penal policies and their fiscal implications. The book concludes with recommendations for improved government cost accounting, as well as suggestions for broader penal reforms. Although restricted to an analysis of New York, the findings and recommendations are broadly relevant to other regions of the country.

A rich examination of the neglect and abuses occurring to women in correctional facilities, Women, Incarceration, and Human Rights Violations draws upon a wealth of case studies from around the world and class action lawsuits to shed light on 'covert' abuse such as sexual or physical abuse, as well as 'overt' abuse such as the denial of medical treatment. Adopting a feminist framework, this book offers a comparative evaluation of abuse in domestic and international correctional facilities, demonstrating the extent to which women are at high risk of being sexually abused and re-victimized in the correctional system, where pregnancy and other specific medical and health issues are consistently ignored. Calling attention to the necessity of addressing the gender-specific needs of women who are incarcerated, Women, Incarceration, and Human Rights Violations offers a review of current policy, laws, and regulation bearing on the issue, while providing concrete recommendations and policy changes to address abuses. As such it will appeal to sociologists, criminologists, and policymakers concerned with questions of gender, penology, and institutional abuse.

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.

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia's leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the 'penal/colonial complex,' in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as 'risk management', 'the therapeutic prison', and 'preventative detention' are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

Royer examines the changing ritual of execution across five centuries and discovers a shift both in practice and in the message that was sent to the population at large. She argues that what began as a show of retribution and revenge became a ceremonial portrayal of redemption as the political, religious and cultural landscape of England evolved.

Reparation, or making amends, is an ancient theme in criminal justice. It was revived in both Europe and North America in the 1980s as a practical alternative both to retributivism, and to the various utilitarian projects traditionally associated with retributive justice.Making Amends examines the practice of these schemes in the UK, USA, and Germany, and shows how criminal justice institutions were unresponsive to these attempts to cast justice in a new form. Yet the experiments reflected an abiding dissatisfaction with criminal courts and with the manner in which justice is conceived and expressed within the criminal framework. The authors' conclusions therefore have implications for the workings of the criminal justice system as a whole.

George Floyd's murder in Minneapolis triggered abolitionist shockwaves. Calls to defund the police found receptive ears around the world. Shortly after, Sarah Everard's murder by a serving police officer sparked a national abolitionist movement in Britain. But to abolish the police, prisons and borders, we must confront the legacy of Empire. Abolition Revolution is a guide to abolitionist politics in Britain, drawing out rich histories of resistance from rebellion in the colonies to grassroots responses to carceral systems today. The authors argue that abolition is key to reconceptualising revolution for our times - linking it with materialist feminisms, anti-capitalist class struggle, internationalist solidarity and anti-colonialism. Perfect for reading groups and activist meetings, this is an invaluable book for those new to abolitionist politics - whilst simultaneously telling a passionate and authoritative story about the need for abolition and revolution in Britain and globally.

This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children's rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children's rights informs prison policy, and 3) demonstrating how law in the form of children's rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children's rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children's rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.

This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach - engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.