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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
Die Frage des Internetzugangs fur Strafgefangene betrifft paradigmatisch das Grunddilemma des Strafvollzugs: Zu Gunsten der spateren Wiedereingliederung des Gefangenen soll einerseits das intramurale Leben den allgemeinen Lebensverhaltnissen so weit wie moeglich angepasst werden und ihm sollen Fertigkeiten vermittelt werden, die ihn befahigen, nach Entlassung ein Leben ohne Straftaten in sozialer Verantwortung zu fuhren. Andererseits hat der Vollzug die Sicherheit und Ordnung der Anstalt sowie den ausseren Schutz der Allgemeinheit zu gewahrleisten. Vor diesem Hintergrund untersucht der Autor systematisch den Zugang zum Internet und seine Nutzung durch Strafgefangene und aktualisiert den bisherigen Diskussionsstand.
Understanding and Reducing Prison Violence considers both the individual and prison characteristics associated with violence perpetration and violent victimization among both prison inmates and staff. Prison violence is not a random process; rates of violence vary across prisons and the odds of perpetrating violence or experiencing violent victimization vary across inmates and staff. A comprehensive understanding of the causes of prison violence therefore requires consideration of both individual and prison characteristics. Building on large dataset comprising 5,500 inmates and 1,800 officers across 45 prisons located across two of the United States (Ohio and Kentucky), this book showcases one of the largest and most comprehensive studies of prisons carried out to date. It considers both the implications of the study for theories of prison violence and the implications of the study for preventing violence in prisons. It will be of interest to academics, practitioners, and policy makers alike.
This book offers a systematic exploration of the changing politics around immigration and the impact of resultant policy regimes on immigrant communities. It does so across a uniquely wide range of policy areas: immigration admissions, citizenship, internal immigration controls, labour market regulation, the welfare state and the criminal justice system. Challenging the current state of theoretical literature on the 'criminalisation' or 'marginalisation' of immigrants, this book examines the ways in which immigrants are treated differently in different national contexts, as well as the institutional factors driving this variation. To this end, it offers data on overall trends across 20 high-income countries, as well as more detailed case studies on the UK, Australia, the USA, Germany, Italy and Sweden. At the same time, it charts an emerging common regime of exploitation, which threatens the depiction of some countries as more inclusionary than others. The politicisation of immigration has intensified the challenge for policy-makers, who today must respond to populist calls for restrictive immigration policy whilst simultaneously heeding business groups' calls for cheap labour and respecting legal obligations that require more liberal and welcoming policy regimes. The resultant policy regimes often have counterproductive effects, in many cases marginalising immigrant communities and contributing to the growth of underground and criminal economies. Finally, developments on the horizon, driven by technological progress, threaten to intensify distributional challenges. While these will make the politics around immigration even more fraught in coming decades, the real issue is not immigration but the loss of good jobs, which will have serious implications across all Western countries. This book will appeal to scholars and students of criminology, social policy, political economy, political sociology, the sociology of immigration and race, and migration studies.
This innovative volume explores a fundamental issue in the field of sentencing: the factors which make a sentence more or less severe. All sentencing systems allow courts discretion to consider mitigating and aggravating factors, and many legislatures have placed a number of such factors on a statutory footing. Yet many questions remain regarding the theory and practice of mitigation and aggravation. Drawing on legal and sociological perspectives and examining mitigation and aggravation in various jurisdictions, the essays provide practical illustrations of specific factors as well as theoretical justifications. After the foreword by Andrew von Hirsch, a number of contributors address broad conceptual issues raised at sentencing. These contributions are followed by several empirical chapters including an exploration of personal mitigation in English courts. The authors are leading scholars from a range of common law jurisdictions including England and Wales, the United States, Canada, Australia, New Zealand and South Africa.
While evidence-based policy is an emerging rhetoric of the desire by and for governments to develop policies based on the best available evidence, drug policy is an area where particular challenges abound. This book is a detailed and comprehensive examination of the contours of drug policy development through the consideration of the particular roles of science, media, and interest groups. Using Belgium as the primary case-study, supplemented by insights gathered from other countries, the author contributes to a richer understanding of the science-policy nexus in the messy, real-world complexities of drug policy. Change or Continuity in Drug Policy: The Roles of Science, Media, and Interest Groups is the first book to bring together policy and media theories, knowledge utilisation models, and public scholarship literature. As such, the book provides unique insights relevant to aspects of change or continuity in drug policies in Europe and beyond. This book will be of great value to undergraduate and graduate students, as well as to academics, practitioners and policymakers with interest in the science-policy nexus with a particular focus on the drug policy domain.
Although the negative consequences of rising incarceration rates have been well-established, criminological research has largely neglected to document psychological, social, and behavioral changes that occur during periods of incarceration. Drawing on an original longitudinal study of long-term French prisoners, this book examines the process of desistance from crime and positive growth in prison. It offers reflections on how personal transformation can be achieved in prison, particularly among individuals serving long prison sentences. This research investigates the barriers to achieving positive growth in prison, as well as the different ways in which transformation can occur behind bars. It also conceptualizes the process of abandoning crime in prison, and sheds light on the cognitive, social, and structural factors that may trigger, accelerate, or hamper this process. This book explores the circumstances under which individuals can thrive in prison, and identifies key features of the narratives of prisoners who have achieved positive growth. The research presented in this book also examines the intricacies of returning to society after a lengthy period of time in prison. Written in a clear and accessible style, this book will be invaluable reading for those engaged in studies of criminology and criminal justice, sociology, criminal behavior, prisons, and penology. It is also aimed at a variety of audiences, including academics, practitioners, policy-makers, and prisoners.
Now a major motion picture called The Mauritanian The first and only diary written by a Guantanamo detainee during his imprisonment, now with previous censored material restored. Mohamedou Ould Slahi was imprisoned in Guantanamo Bay in 2002. There he suffered the worst of what the prison had to offer, including months of sensory deprivation, torture and sexual assault. In October 2016 he was released without charge. This is his extraordinary story.
Explaining U.S. Imprisonment examines women in prison, minorities, the historical path to the modern prison, a wide range of contemporary issues, and social influences on prison reform. While focusing on prisons, this one-of-a-kind book is written within the context of the sociology of punishment and covers cutting-edge topics such as detaining immigrants, the War on Terror, and prison in the 21st century.FeaturesUses a historical and social framework to place U.S.corrections and imprisonment policies in contextIncludes first-hand accounts from inmates, as well as primary source documents written by early prison reformersIntegrates research on women, men, and minorities throughout, rather than separating each topic into a stand-alone chapterBegins chapters with thought-provoking quotes to set the stage for the content that follows Explaining U.S. Imprisonment is ideal for use as a supplementary text in undergraduate and graduate courses on corrections, imprisonment, and theories of punishment. It is also appropriate for use in courses on criminal justice, incarceration, minority issues in law, sociology of law, and the study of the modern prison system."
In late summer 2015, Sweden embarked on one of the largest self-described humanitarian efforts in its history, opening its borders to 163,000 asylum seekers fleeing the war in Syria. Six months later this massive effort was over. On January 4, 2016, Sweden closed its border with Denmark. This closure makes a startling reversal of Sweden's open borders to refugees and contravenes free movement in the Schengen Area, a founding principle of the European Union. What happened? This book sets out to explain this reversal. In her new and compelling book, Vanessa Barker explores the Swedish case study to challenge several key paradigms for understanding penal order in the twenty-first century and makes an important contribution to our understanding of punishment and welfare states. She questions the dominance of neoliberalism and political economy as the main explanation for the penalization of others, migrants and foreign nationals, and develops an alternative theoretical framework based on the internal logic of the welfare state and democratic theory about citizenship, incorporation, and difference, paying particular attention to questions of belonging, worthiness, and ethnic and gender hierarchies. Her book develops the concept of penal nationalism as an important form of penal power in the twenty-first century, providing a bridge between border control and punishment studies.
From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada's racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.
In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and-not least-the Supreme Court itself.
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
Thinking about Punishment pulls together the key writings by Michael Tonry on penal policy trends in western countries, racial and ethnic disparities, and sentencing policies, practices, and theories. Recent research in the past few decades shows that these topics are inextricably interrelated. Tonry argues that the distinct historical and cultural characteristics of a country offer the best explanation of national patterns of punishment at any one time, and over time. More general theories and models fall apart when applied to individual national experiences. In the United States, the key factors explaining both penal policy trends and sentencing patterns and policies include historical patterns of race relations, obsolete constitutional arrangements, moral attitudes related to the continental expansion of the United States and the country's fundamentalist Protestant religious origins. Comparable - but different - characteristics explain other countries' experiences. This excellent collection of Michael Tonry's work is essential reading for anyone interested in penal policy and criminal justice.
This volume of "Studies in Law, Politics, and Society" presents a unique special issue "Is the Death Penalty Dying?." Drawing together an array of distinguished scholars from political science, criminology, sociology, and law, this volume provides a comprehensive assessment of the status of the death penalty in the United States, its past, and its trajectory for the future. Taken together, the work published in this volume exemplifies the kind exciting and innovative work now being done by legal scholars from different disciplines.This is a special issue examining the death penalty in the US. It draws together an array of distinguished scholars from political science, criminology, sociology, and law.
In this ethnographic study Maria Adams turns a geographical and feminist lens on prisoners' families. She captures the testimonies of families as they navigate the sociological and social challenges of the imprisonment of loved ones, exploring key concepts including inequality, penal power, and vulnerability. She also measures the impacts on many aspects of families' emotions, relationships, and identities, and considers the sources of support and resilience they draw on. With original research and fresh insights, the book deepens our understanding of carceral geography and how families experience spaces, both inside prison and beyond the bars.
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the 'meaninglessness' of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Bridget Donnelly. Charlotte Reveille. Kate Slattery. Emily Boyle. Until now, these were nothing but names marked down in the admittance registers and punishment reports of Kingston Penitentiary, Canada's most notorious prison. In this shocking and heartbreaking book, Ted McCoy tells these women's stories of incarceration and resistance in poignant detail. The four women served sentences at different times over a century, but the inhumanity they suffered was consistent. Locked away in dark basement wards, they experienced starvation and corporal punishment, sexual abuse and neglect - profoundly disturbing evidence of the hidden costs of isolation, punishment, and mass incarceration.
Recalibrating Juvenile Detention chronicles the lessons learned from the 2007 to 2015 landmark US District Court-ordered reform of the Cook County Juvenile Temporary Detention Center (JTDC) in Illinois, following years of litigation by the ACLU about egregious and unconstitutional conditions of confinement. In addition to explaining the implications of the Court's actions, the book includes an analysis of a major evaluation research report by the University of Chicago Crime Lab and explains for scholars, practitioners, administrators, policymakers, and advocates how and why this particular reform of conditions achieved successful outcomes when others failed. Maintaining that the Chicago Crime Lab findings are the "gold standard" evidence-based research (EBR) in pretrial detention, Roush holds that the observed "firsts" for juvenile detention may perhaps have the power to transform all custody practices. He shows that the findings validate a new model of institutional reform based on cognitive-behavioral programming (CBT), reveal statistically significant reductions in in-custody violence and recidivism, and demonstrate that at least one variation of short-term secure custody can influence positively certain life outcomes for Chicago's highest-risk and most disadvantaged youth. With the Quarterly Journal of Economics imprimatur and endorsement by the President's Council of Economic Advisors, the book is a reverse engineering of these once-in-a-lifetime events (recidivism reduction and EBR in pretrial detention) that explains the important and transformative implications for the future of juvenile justice practice. The book is essential reading for graduate students in juvenile justice, criminology, and corrections, as well as practitioners, judges, and policymakers.
This is an English-language translation of P.F. Iakubovich's popular roman a clef about his exile and experiences as a Siberian penal laborer during the late 19th century.
Incarcerating Motherhood explores how initial short period in prisons can negatively impact mothers and their children. We have much yet to understand about the enduring harms caused by first time incarceration, especially for minimal time periods and for mothers with dependent children. With large numbers of female prisoners currently incarcerated for short periods in England and Wales (either on short sentences or remand), many of whom are primary caregivers, this book asks: what kind of impact does this imprisonment has on both parent and child in the long term? Based on original research, the experiences of sixteen mothers are presented to voice the material, physical and emotional consequences of short-term imprisonment. The book explores to what extent these mothers lose their sense of identity in a short space of time, whether this continues to affect them post-custody, and what level of support they are provided during and post-custody. This book also explores what bearing the initial separation and the care provided during the mother's absence will have on their children's lives, as well as whether the affects of imprisonment on the mother also increase the vulnerability of her children. Incarcerating Motherhood provides a platform for readers to hear how a 'short sharp shock' can cause enduring harms to an already vulnerable group in society and how even short-term imprisonment have long-lasting and multi-dimensional consequences.
Over the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism. America's Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America. Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.
Women continue to be one of the fastest growing groups of offenders with an increasing group of women involved in the criminal justice system around the world. Whilst internationally women comprise a low percentage of the total prison population, there is an escalating use of custody inextricably linked to the high levels of personal and social needs of women involved in the justice system. This book presents original research undertaken with Corrections Victoria, Australia, which examines the effectiveness of services and programmes women access in prison and after release, and the impact of this on successful reintegration into the community and on other trends such as reoffending. Victoria's Department of Justice introduced the Better Pathways strategy in response to a growing number of women entering the Victorian corrections system, and the concerning extent to which prison is used for women with inadequate accommodation and complex treatment and support needs. The strategy was developed to address the causes of women's offending and to try and help break the cycle of women's reoffending, by funding more holistic initiatives to support women in their transition to life after prison. It is well acknowledged that pathways into offending by women can also be the factors that most affect their reintegration. The research outlined in this book presents data about individual women's pathways through the programmes offered as part of the Better Pathways strategy and the views of the women themselves about the effectiveness of these programmes. Negligible research attention has been paid to what services and programmes are effective for women after prison. This book addresses this gap and provides a cohesive presentation of the key issues salient to the needs of women offenders.
This book explores the theoretical contribution of Michel Foucault to the fields of criminology, law, justice and penology. It surveys both the ways in which the work of Foucault has been applied in criminology, but also how his work can be used to understand and explain contemporary issues and policies. Moreover, this book seeks to dispel some of the common misconceptions about the relevance of Foucault's work to criminology and law. Mariana Valverde clearly explains the insights that Foucault's rich body of work provides about different practices found in the fields of law, security, justice, and punishment; and how these insights have been used or could be used to understand and explain issues and policies that Foucault himself did not write about, including those that had not yet emerged during his lifetime. Drawing on key texts by Foucault such as Discipline and Punish, and also lectures he gave at the College de France and Louvain Criminology Institute which offer a more nuanced account of the development of criminal justice, Mariana Valverde offers the essential text on Foucault and his contribution and continued relevance to criminology. This book will be important reading for students and scholars of criminology, law, sociolegal studies, security studies, political theory and sociological theory.
Long sentenced young people are a small but significant part of the juvenile prison population. The current approach to young people convicted of serious crime speaks to wider issues in criminal and social justice, including the idealisation of (some) childhoods, processes of racialisation and identity and the sociology of the body. Analysing the relationships between biography, trauma and habitus reveals the ways in which class, racial and legal status are experienced and resisted. Young Men's Experiences of Long-Term Imprisonment: Living Life considers the need for the reinvigoration of prison ethnography and calls for a phenomenological approach to understanding youth crime and punishment. An insightful ethnographic study on imprisoned 15- to 17-year-olds in England, this volume examines how young people experience long-term imprisonment, manage their time and imagine and shape their futures. Drawing on observations, interviews and correspondence, Tynan situates long-term imprisonment of young men within the wider social context of criminal and social justice; and analyses constructs and practices that locate responsibility for crime with individuals and communities. Young Men's Experiences of Long-Term Imprisonment: Living Life will be of interest to students and researchers interested in the sociology of prisons, punishment and youth justice and qualitative research methodology.
This book offers a sustained study of one feature of the prison officer's job: the threat and use of force, which the author calls 'doing' coercion. Adopting an interactionist, micro-sociological perspective, the author presents new research based on almost two years of participant observation within an Italian custodial complex hosting both a prison and a forensic psychiatric hospital. Based on observation of emergency squad interventions during so-called 'critical events', together with visual methods and interviews with staff, 'Doing' Coercion in Male Custodial Settings constitutes an ethnographic exploration of both the organisation and the implicit and explicit practices of threatening and/or 'doing' coercion. With a focus on the lawful yet problematic and discretionary threatening and 'doing' of coercion performed daily on the landing, the author contributes to the growing scholarly literature on power in prison settings, and the developing field of the micro-sociology of violence and of radical interactionism. As such, it will appeal to scholars of sociology, anthropology and criminology with interests in prisons, power and violence in institutions, and visual methods. |
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