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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
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.
'In 1981 Jack Mapanje was a budding poet and scholar in Malawi. His first collection of poetry, Of Chameleons and Gods had just been published and reviewers were already hailing it as the work of a new and important African voice. His scholarly work in linguistics was also transforming language and literary studies in Central Africa and drawing international attention to the works of writers and critics from the region. Mapanje's poetry was remarkable not only because of his keen sense of sound and place, but also its tense relationship with its context: here was a compelling lyrical voice, producing a musical and touching verse in a country that was under the iron heel of a self-proclaimed dictator and life-president, Kamuzu Banda, Ngwazi. That Mapanje had been able to write such powerful poetry under official rules of censorship was a remarkable feat. But two years later, the state ordered the withdrawal of Mapanje's poetry from all schools, institutions of higher learning, and bookstores. In 1987, after attending a regional language conference in Zimbabwe, Mapanje was arrested by the Malawian secret police and bundled off to prison where he was to stay under lock and key, without any formal charges, until 1991. This book is a recollection of those years in prison. Written in the tradition of the African prison memoir, and often echoing the works of other famous prison graduates such as Wole Soyinka (The Man Died) and Ngugi wa Thiong'o (Detained), the memoir represents Mapanje's retrospective attempt to explain the cause and terms of his imprisonment, to recall, in tranquillity as it were, the terror of arrest, the process of incarceration, and the daily struggle to hold on to some measure of spiritual freedom.' - Simon Gikandi, Professor English, Princeton University Jack Mapanje is a poet and linguist and was head of the English Department, Chancellor College, University of Malawi when he was arrested and detained without charge or trial in 1987. After an international campaign, which included his being promoted as one of Amnesty International's 'Prisoners of Conscience', he was released in 1991. His published works include: Of Chameleons and Gods (1981); The Chattering Wagtails of Mikuyu Prison (1993); Skipping Without Ropes (1998); Last of the Sweet Bananas (2004); and Beasts of Nalunga(2007).
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.
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.
At the start of the twenty-first century, America is in the midst of a profound national reconsideration of the death penalty. There has been a dramatic decline in the number of people being sentenced to death as well as executed, exonerations have become common, and the number of states abolishing the death penalty is on the rise. The essays featured in The Road to Abolition? track this shift in attitudes toward capital punishment, and consider whether or not the death penalty will ever be abolished in America. The interdisciplinary group of experts gathered by Charles J. Ogletree Jr., and Austin Sarat ask and attempt to answer the hard questions that need to be addressed if the death penalty is to be abolished. Will the death penalty end only to be replaced with life in prison without parole? Will life without the possibility of parole become, in essence, the new death penalty? For abolitionists, might that be a pyrrhic victory? The contributors discuss how the death penalty might be abolished, with particular emphasis on the current debate over lethal injection as a case study on why and how the elimination of certain forms of execution might provide a model for the larger abolition of the death penalty.
Indigenous communities are typically those that challenge the laws of the nation states of which they have become-often very reluctantly-a part. Around the world, community policing has emerged in many of these regions as a product of their physical environments and cultures. Through a series of case studies, Community Policing in Indigenous Communities explores how these often deeply divided societies operate under the community policing paradigm. Drawing on the local expertise of policing practitioners and researchers across the globe, the book explores several themes with regard to each region: How community policing originated or evolved in the community and how it has changed over time The type of policing style used-whether informal or formal and uniformed or non-uniformed, whether partnerships are developed with local community organizations or businesses, and the extent of covert operations, if any The role played by community policing in the region, including the relative emphasis of calls for service, the extent to which advice and help is offered to citizens, whether local records are kept of citizen movement and locations, and investigation and arrest procedures The community's special cultural or indigenous attributes that set it apart from other models of community policing Organizational attributes, including status in the "hierarchy of control" within the regional or national organization of policing The positive and negative features of community policing as it is practiced in the community Its effectiveness in reducing and or preventing crime and disorder The book demonstrates that community policing cannot be imposed from above without grassroots input from local citizens. It is a strategy-not simply for policing with consent-but for policing in contexts where there is often little, if any, consent. It is an aspirational practice aimed to help police and communities within contested contexts to recognize that positive gains can be made, enabling communities to live in relative safety.
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.
Mobilities research is now centre stage in the social sciences with wide-ranging work that considers the politics underscoring the movements of people and objects, critically examining a world that is ever on the move. At first glance, the words 'carceral' and 'mobilities' seem to sit uneasily together. This book challenges the assumption that carceral life is characterised by a lack of movement. Carceral Mobilities brings together contributions that speak to contemporary debates across carceral studies and mobilities research, offering fresh insights to both areas by identifying and unpicking the manifold mobilities that shape, and are shaped by, carceral regimes. It features four sections that move the reader through the varying typologies of motion underscoring carceral life: tension; circulation; distribution; and transition. Each mobilities-led section seeks to explore the politics encapsulated in specific regimes of carceral movement. With contributions from leading scholars, and a range of international examples, this book provides an authoritative voice on carceral mobilities from a variety of perspectives, including criminology, sociology, history, cultural theory, human geography, and urban planning. This book offers a first port of call for those examining spaces of detention, asylum, imprisonment, and containment, who are increasingly interested in questions of movement in relation to the management, control, and confinement of populations.
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.
In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes. A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist Papers Appendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography
The post 9/11 era has produced structured rehabilitation programmes in a wide range of countries including Saudi Arabia, Singapore, Pakistan, Malaysia, Egypt, Iraq, and Uzbekistan. There are also ad hoc and emerging programmes in Nigeria, China, Indonesia, Bangladesh, Denmark, Germany, United Kingdom, and Nepal. Due to the threat from global Islamist terrorist groups, including al-Qaeda and the Islamic State (IS), the focus has tended to be on Islamist groups. However, Sri Lanka also has a multifaceted rehabilitation programme that was created after the ethno-nationalist Liberation Tigers of Tamil Eelam (LTTE) group was defeated in 2009, which can teach us some valuable lessons. This book consists of a series of case studies of different terrorist rehabilitation initiatives that have been attempted around the world. Each initiative is critically analysed to develop a sound understanding of the significance of different approaches and strategies of terrorist rehabilitation in helping potential terrorists integrate back into society. Sharing and examining case studies, by both practitioners and scholars, this book provides vital tools to address the challenges faced by practitioners of terrorist rehabilitation programmes.
The Culture of Urban Control: Jail Overcrowding in the Crime Control Era explores and analyzes the growth and expansion of the United States' largest single-site urban jail system. Through an analysis of a United States Federal Court initiated consent decree this research provides a narrative of criminal justice policy, politics and legal maneuvering between the years of 1993 and 2003 associated with overcrowding within the Cook County Jail. As a result of increased policing presence and subsequent arrests during the crime control era of the 1990's, the Cook County Department of Corrections experienced a continually overcrowded correctional facility resulting in pre-trial and post-convicted inmates sleeping on floors in overcrowded and dilapidated facilities. Beginning in the early 1990's and under the supervision of the federal court, Chicago and Cook County, Illinois undertook the largest expansion of local level incarceration and correctional control in their history. The disputing process between local, state and federal level claims-makers within the legal arena and through media representations are analyzed in conjunction with infrastructure growth, changing correctional populations, community level expansion of correctional programming and the social reality of the inmate experience. How local level corrections and federal interdiction were shaped by local level politics and criminal justice systems are examined.
The Netflix series Orange is the New Black has drawn widespread attention to many of the dysfunctions of prisons and the impact prisons have on those who live and work behind the prison gates. This anthology deepens this public awareness through scholarship on the television program and by exploring the real-world social, psychological, and legal issues female prisoners face. Each chapter references a particular connection to the Netflix series as its starting point of analysis. The book brings together scholars to consider both media representations as well as the social justice issues for female inmates alluded to in the Netflix series Orange is the New Black. The chapters address myriad issues including cultural representations of race, class, gender, and sexuality; social justice issues for transgender inmates; racial dynamics within female prisons; gender and female prison structures/policies; treatment of women in prison; re-incarcerated and previously incarcerated women; self and identity; gender, race, and sentencing; and reproduction and parenting for female inmates.
In the middle of the first decade of the twenty-first century, African Americans made up approximately twelve percent ofthe United States population but close to forty percent of the United States prison population. Now, in the latter half of the decade, the nation is in the midst of the largest multi-year discharge of prisoners in its history. In Releasing Prisoners, Redeeming Communities, Anthony C. Thompson discusses what is likely to happen to these ex-offenders and why. For Thompson, any discussion of ex-offender reentry is, de facto, a question of race. After laying out the statistics, he identifies the ways in which media and politics have contributed to the problem, especially through stereotyping and racial bias. Well aware of the potential consequences if this country fails to act, Thompson offers concrete, realizable ideas of how our policies could, and should, change.
Death before Sentencing provides a comprehensive description of America's 3,000 plus county and local jails being ignored by the media, politicians, and even criminal justice reformers. Jails have largely escaped scrutiny for deaths in their facilities for several reasons. First, the nation's jails are local affairs. Even repeat jail deaths warrant no more than limited local coverage at most. Jails are mostly run by sheriffs, often the most powerful and largely untouchable political figure in a local community. Third, the families of deceased jail inmates do not usually have the resources to sue or socioeconomic clout to be heard demanding jail accountability for loved ones' deaths. And lastly, many understood jail deaths as occurring from "natural causes," the verdict medical examiners and coroners erroneously employ to allow those responsible for the deaths to escape any accountability. This book constitutes the most complete investigation of the deadly side of jails, describing the daily deaths of detainees, including those from suicides, drug and alcohol withdrawal, forced restraint and brutality, as well as medical malpractice. Andrew R. Klein with Jessica L. Klein show how the failure of jail oversight by state correctional officials, state and county prosecutors, state police as well as sheriffs, medical examiners, and coroners allows for the secrecy surrounding and the cover up of jail deaths. Through a growing number of wrongful death lawsuits and the increasing role of the media in uncovering the truth about deadly jails, communities, led by the grieving families, are working to hold jailers and their medical providers accountable. This book concludes with hopeful signs of reforms being initiated by the U.S. Justice Department under President Biden, state legislatures, successful lawsuits, and reformers as well as suggests the major institutional reforms required to stop the daily deaths in America's jails.
This book shows how the overall impact of the penal policy agenda of the Coalition Government 2010-2015 has not led to the intended 'rehabilitation revolution', but austerity, outsourcing and punishment, designated here as 'punitive managerialism'. The policy of austerity has led to significant budget cuts in legal aid and court services which threaten justice. It has also led to staffing reductions and overcrowding in the prison system which threaten order and have undermined more positive work with prisoners. The outsourcing of prison and community-based offender services is based on untried method with uncertain results. The shift in orientation towards punishment is regrettable because it is essentially negative. The book notes that this move to punitive managerialism is located in the broader trend towards neo-liberalism. It concludes by attempting to articulate the parameters of an affordable and emotionally satisfying yet humane and rational penal policy.>
Topical discussion of how social bureaucracies are increasingly used as a means to control immigration and mobility
An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.
Over the last decade, the reformed youth justice system has seen increases in the numbers of children and young people in custody, a sharp rise in indeterminate sentences and the continuing deaths of young prisoners. The largest proportion of funding in youth justice at national level is spent on providing places for children and young people remanded and sentenced to custody. The publication of the Youth Crime Action Plan during 2008 and the increasing emphasis on early intervention provides a framework to consider again the interface between local services and secure residential placements. This report brings together contributions from leading experts on young people and criminal justice to critically examine current policy and practice. There are vital questions for both policy and practice on whether the use of custody reduces re-offending or whether other forms of residential placements are more effective long-term. The report looks at current approaches to the sentencing and custody of children and young people, prevention of re-offending and a range of alternative regimes.
Deterrence, Choice, and Crime explores the various dimensions of modern deterrence theory, relevant research, and practical applications. Beginning with the classical roots of deterrence theory in Cesare Beccaria's profoundly important contributions to modern criminological thought, the book draws out the many threads in contemporary criminology that are explicitly mentioned or at least hinted by Beccaria. These include sanction risk perceptions and their behavioral consequences, the deterrent efficacy of the certainty versus the severity of punishment, the role of celerity of punishment in the deterrence process, informal versus formal deterrence, and individual differences in deterrence. The richness of the volume is seen in the inclusion of chapters that focus on the theoretical development of deterrence across disciplines such as criminology and economics. In an innovative section, the role of agents of deterrence is considered. Lessons are learned from the practical applications of deterrence undertaken in the areas of policing, corrections, and the community. The closing section includes Michael Tonry's "An Honest Politician's Guide to Deterrence: Certainty, Severity, Celerity, and Parsimony," a reminder of Beccaria's dictum that "it is better to prevent crimes than punish them." In the current environment, deterrence arguments are routinely used to justify policies that do just the opposite. Ray Paternoster, who contributed two chapters, passed away as this volume was being finalized. Fittingly, this book is dedicated to him and ends with Alex Piquero's poignant remembrance of Ray, a path-breaking deterrence scholar, beloved mentor, and ardent supporter of social justice. Suitable for researchers and graduate students as well as for advanced courses in criminology, this book breaks new ground in theorizing the effects of punishment and other sanctions on crime control.
The threat of terrorism, if not adequately managed, is likely to increase exponentially. As terrorist groups' influence and networks spread globally, a concerted effort in counterterrorism strategy is critical to mitigating the threat they present. Governments facing the threat of terrorism are typically strengthening their law enforcement, military and intelligence capabilities, but more complex initiatives such as deradicalisation and terrorist rehabilitation are more time-consuming and less attention-grabbing and so tend to be neglected. It is all too easy to 'do' rehabilitation ineffectively or to simply ignore it altogether. This is unfortunate, as an effective rehabilitation strategy can yield dividends over the longer term. Every committed terrorist is a potential recruiter, whether in prison or at liberty, for more terrorists. Even in death, they can potentially be presented as martyrs. Conversely, successfully rehabilitated terrorists can be valuable assets in the public relations theatre of battle. There is no single, simple solution to the challenges of deradicalisation and rehabilitation, but this book places examples of best practice within a robust, but flexible, conceptual framework. It gives guidelines for establishing and implementing a successful deradicalisation or rehabilitation programme, derived from a series of empirical case studies of successful projects around the world. It sets out both the necessary and desirable facets of such a programme, identifying which areas to prioritise and where budgets can be best spent if resources are tight. The authors provide detailed case studies of each step to illustrate an approach that has worked and how best to replicate this success.
Today's high recidivism rates, combined with the rising costs of jails and prisons, are increasingly seen as problems that must be addressed on both moral and financial grounds. Research on prison and jail reentry typically focuses on barriers stemming from employment, housing, mental health, and substance abuse issues from the perspective of offenders returning to urban areas. This book explores the largely neglected topic of the specific challenges inmates experience when leaving jail and returning to rural areas. Rural Jail Reentry provides a thorough background and theoretical framework on reentry issues and rural crime patterns, and identifies perceptions of the most significant challenges to jail reentry in rural areas. Utilizing three robust samples-current inmates, probation and parole officers, and treatment staff-Ward examines what each group considers to be the most impactful factors surrounding rural jail re-entry. A springboard for future research and policy discussions, this book will be of interest to international researchers and practitioners interested in the topic of rural reentry, as well as graduate and upper-level undergraduate students concerned with contemporary issues in corrections, community-based corrections, critical issues in criminal justice, and criminal justice policy.
Set in different national contexts (Brazil, Bulgaria, France, Germany, Laos, Norway, Thailand) and in different social science disciplines, the chapters of this volume aim at questioning anti-trafficking policies and their practical impact on sex work regulation. Many actors, from media to researchers, from nonprofit organizations to law enforcement agencies, from "experts" to "reality tourists", contribute to produce knowledge on trafficking and sexual exploitation and thus to institutionalize it as a category of thought and action; by naming and framing perpetrators and victims, they make trafficking "come true" as a public problem. The book pays particular attention to the way the international expertise produced by these different actors and institutions on sexual exploitation and sex work impacts local control practices, especially with regard to law enforcement. The fight against trafficking as it gets institutionalized and put into practice then appears as a way to reaffirm a gendered and racialized public order. Building analytical bridges between different national contexts and relying on contextualized fieldwork in different countries, the book is of great interest for academics as well as for practitioners and/or activists working on sex and gender issues and migration policies. Also, it resonates with a broader literature on the construction of public problems in sociology and political science.
Punishment for Sale is the definitive modern history of private prisons, told through social, economic and political frames. The authors explore the origin of the ideas of modern privatization, the establishment of private prisons, and the efforts to keep expanding in the face of problems and bad publicity. The book provides a balanced telling of the story of private prisons and the resistance they engendered within the context of criminology, and it is intended for supplemental use in undergraduate and graduate courses in criminology, social problems, and race & ethnicity.
The Netflix series Orange is the New Black has drawn widespread attention to many of the dysfunctions of prisons and the impact prisons have on those who live and work behind the prison gates. This anthology deepens this public awareness through scholarship on the television program and by exploring the real-world social, psychological, and legal issues female prisoners face. Each chapter references a particular connection to the Netflix series as its starting point of analysis. The book brings together scholars to consider both media representations as well as the social justice issues for female inmates alluded to in the Netflix series Orange is the New Black. The chapters address myriad issues including cultural representations of race, class, gender, and sexuality; social justice issues for transgender inmates; racial dynamics within female prisons; gender and female prison structures/policies; treatment of women in prison; re-incarcerated and previously incarcerated women; self and identity; gender, race, and sentencing; and reproduction and parenting for female inmates. |
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