In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Justice for All identifies ten central flaws in the criminal justice system and offers an array of solutions - from status quo to evolution to revolution - to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.

The POW Camp at Fort McClellan, Alabama, was one of hundreds of American containment centers built to hold the hundreds of thousands of German prisoners captured during World War II. The camp's well maintained and humane facilities gained it a reputation as a ""model camp."" Military officials praised its elimination of major operational problems. International inspectors commended it, calling it one of the best camps in the country. Prisoners accepted and even enjoyed their time there. Drawing on official documents and recollections of prisoners, soldiers and civilians, this book provides a personal and detailed history of a widely praised and admired place of internment.

In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.

The second edition of the Handbook on Prisons provides a completely revised and updated collection of essays on a wide range of topics concerning prisons and imprisonment. Bringing together three of the leading prison scholars in the UK as editors, this new volume builds on the success of the first edition and reveals the range and depth of prison scholarship around the world. The Handbook contains chapters written not only by those who have established and developed prison research, but also features contributions from ex-prisoners, prison governors and ex-governors, prison inspectors and others who have worked with prisoners in a wide range of professional capacities. This second edition includes several completely new chapters on topics as diverse as prison design, technology in prisons, the high security estate, therapeutic communities, prisons and desistance, supermax and solitary confinement, plus a brand new section on international perspectives. The Handbook aims to convey the reality of imprisonment, and to reflect the main issues and debates surrounding prisons and prisoners, while also providing novel ways of thinking about familiar penal problems and enhancing our theoretical understanding of imprisonment. The Handbook on Prisons, Second edition is a key text for students taking courses in prisons, penology, criminal justice, criminology and related subjects, and is also an essential reference for academics and practitioners working in the prison service, or in related agencies, who need up-to-date knowledge of thinking on prisons and imprisonment.

In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.

In the five state regions of Illinois, Indiana, Iowa, Kentucky and Missouri, 1027 men and women are known to have been legally hanged, gassed or electrocuted in the century after the Civil War. Drawing on thousands of hours of research, this comprehensive record covers each execution in chronological order, filling numerous gaps in a largely forgotten story of the American experience. The author presents each case dispassionately with the main focus given to essential facts.

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.

By studying the development of Italy's penal system, Pires Marques provides valuable insights into the wider political culture of European society. Focusing on the rise of fascism in Spain and Portugal as well as Italy, he examines the role of religious, economic and political factors in the making of penal laws.

In the latter half of the twentieth century, there has been a sharp decline in confidence in sentencing principles, due to a questioning of the efficacy of punishment. It has been very difficult to develop consistent, fair, and humane criteria for evaluating legislative, judicial and correctional advancements. "The Practice of Punishment" offers a comprehensive study of punishment that identifies the principles of sentencing and corrections on which modern correctional systems should be built.
The theory of punishment that emerges is built on the view that the central function of the law is to reduce the need to use force in the resolutions of disputes. In this text, Wesley Cragg argues that the proper role of sentencing and sentence administration, as well as policing and adjudication, is to sustain public confidence in the capacity of the law to fulfill that function. Cragg believes that sentencing and corrections should be guided by principles of restorative justice, and he contends that inflicting punishment is in itself not a legitimate objective of criminal law.
"The Practice" "of Punishment" is a philosophical account of punishment, sentencing, and correction which draws strongly on first-hand experience of penal practices, diverse recent studies, government reports, position papers, crime surveys, and victim concerns. It will be of special interest to applied ethicists, those concerned with the theory and practice of punishment and policing, and criminal justice scholars and lawyers.

This book offers the reader an incisive view into the political, social and economic evolutions of mass incarceration across the globe. It examines the different political and social contexts that combine with free market mechanisms of mass incarceration to ascertain how economic incentives shape penal policy. Using qualitative analysis of a wide variety of incarceration forms, each chapter compares a US example with a non-US case study, showing how first world countries that occupy the economic forefront of prison privatization are exporting new models of penal institutionalization to developing countries. The chapters examine issues such as the privatization of asylum detention centres, the economic impacts of maintaining vast forced labour camps, the social consequences of imprisoning journalists, and the use of state sanctioned torture. Capturing a nascent international trend through an interdisciplinary lens, this book questions why so many languish in prison, whether the incarceration of thousands benefits society as a whole, and how these penal policies might be roundly reconsidered.

In the state of Georgia, 1025 men and women are known to have been hanged or electrocuted for capital crimes in the century after the Civil War. Based on more than twenty years of investigative research, this complete chronological record of these legal executions was pieced together from diverse sources in and outside of the state, with many details never before been made public. The author documents the facts as they occurred without delving into the politics of capital punishment.

This book offers the reader an incisive view into the political, social and economic evolutions of mass incarceration across the globe. It examines the different political and social contexts that combine with free market mechanisms of mass incarceration to ascertain how economic incentives shape penal policy. Using qualitative analysis of a wide variety of incarceration forms, each chapter compares a US example with a non-US case study, showing how first world countries that occupy the economic forefront of prison privatization are exporting new models of penal institutionalization to developing countries. The chapters examine issues such as the privatization of asylum detention centres, the economic impacts of maintaining vast forced labour camps, the social consequences of imprisoning journalists, and the use of state sanctioned torture. Capturing a nascent international trend through an interdisciplinary lens, this book questions why so many languish in prison, whether the incarceration of thousands benefits society as a whole, and how these penal policies might be roundly reconsidered.

Michel Foucault's writing about the Panopticon in Discipline and Punish has dominated discussions of the prison and the novel, and recent literary criticism draws heavily from Foucauldian ideas about surveillance to analyze metaphorical forms of confinement: policing, detection, and public scrutiny and censure. But real Victorian prisons and the novels that portray them have few similarities to the Panopticon. Sean Grass provides a necessary alternative to Foucault by tracing the cultural history of the Victorian prison, and pointing to the tangible relations between Victorian confinement and the narrative production of the self. The Self in the Cellexamines the ways in which separate confinement prisons, with their demand for autobiographical production, helped to provide an impetus and a model that guided novelists' explorations of the private self in Victorian fiction.

The history of the execution of women in the United States has largely been ignored and scholars have given scant attention to gender issues in capital punishment. This historical analysis examines the social, political and economic contexts in which the justice system has put women to death, revealing a pattern of patriarchal domination and female subordination. The author includes a discussion of condemned women granted executive clemency and judicial commutations, an inquiry into women falsely convicted in potentially capital cases and a profile of the current female death row population.

This book expands the field of prison research by drawing on six months of unique, ethnographic research in Santa Monica prison, the largest women's prison in Lima, Peru. Using feminist and decolonial perspectives, it explores power and the governance system and its implications on how the prison operates and the lived experiences of women prisoners and their interpersonal relationships. It reflects on the intersection of prison, imprisonment and gender from a Global South perspective and includes methodological reflections on how to research prisons in the Global South holistically. It fills a gap and engages with debates on governmentality and women's agency within the penal context.

The California youth corrections system is undergoing the most sweeping transformation in its 154-year history. The extraordinary nature of this change is revealed by the striking decline in the state's youth incarceration rate. In 1996, with 10,000 youth confined in 11 state-run correctional facilities, California boasted the nation's third highest youth incarceration rate. Now, with only 800 youth remaining in a system comprised of just three institutions, California has one of the nation's lowest youth incarceration rate. How did such unprecedented changes occur and what were the crucial conditions that produced them? Daniel E. Macallair answers these questions through an examination of the California youth corrections system's origins and evolution, and the patterns and practices that ultimately led to its demise. Beginning in the 19th century, California followed national juvenile justice trends by consigning abused, neglected, and delinquent youth to congregate care institutions known as reform schools. These institutions were characterized by their emphasis on regimentation, rigid structure, and harsh discipline. Behind the walls of these institutions, children and youth, who ranged in age from eight to 21, were subjected to unspeakable cruelties. Despite frequent public outcry, life in California reform schools changed little from the opening of the San Francisco Industrial School in 1859 to the dissolution of the California Youth Authority (CYA) in 2005. By embracing popular national trends at various times, California encapsulates much of the history of youth corrections in the United States. The California story is exceptional since the state often assumed a leadership role in adopting innovative policies intended to improve institutional treatment. The California juvenile justice system stands at the threshold of a new era as it transitions from a 19th century state-centered institutional model to a decentralized structure built around localized services delivered at the county level. After the Doors Were Locked is the first to chronicle the unique history of youth corrections and institutional care in California and analyze the origins of today's reform efforts. This book offers valuable information and guidance to current and future generations of policy makers, administrators, judges, advocates, students and scholars.

The growing body of work on imprisonment, desistance and rehabilitation has mainly focused on policies and treatment programmes and how they are delivered. Experiencing Imprisonment reflects recent developments in research that focus on the active role of the offender in the process of justice. Bringing together experts from around the world and presenting a range of comparative critical research relating to key themes of the pains of imprisonment, stigma, power and vulnerability, this book explores the various ways in which offenders relate to the justice systems and how these relationships impact the nature and effectiveness of their efforts to reduce offending. Experiencing Imprisonment showcases cutting-edge international and comparative critical research on how imprisonment is experienced by those people living and working within imprisonment institutions in North America and Northern, Central and Eastern Europe, as well as Scandinavia. The research explores the subjective experience of imprisonment from the perspective of a variety of staff and prisoner groups, including juveniles, adult female and male prisoners, older prisoners, sex offenders, wrongfully convicted offenders and newly released prisoners. Offering a unique view of what it is like to be a prisoner or a prison officer, the chapters in this book argue for a prioritisation of understanding the subjective experiences of imprisonment as essential to developing effective and humane systems of punishment. This is essential reading for academics and students involved in the study of criminology, penology and the sociology of imprisonment. It will also be of interest to Criminal Justice practitioners and policymakers around the globe.

This short text, ideal for Social Problems and Criminal Justice courses, examines the American prison system, its conditions, and its impact on society. Wehr and Aseltine define the prison industrial complex and explain how the current prison system is a contemporary social problem. They conclude by using California as a case study, and propose alternatives and alterations to the prison system.

Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer's decision to arrest, a prosecutor's decision to prosecute, and a judge's decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.

This book offers a systematic, sociological and penological exploration of the most up-to-date uses of electronic tagging (also known as electronic monitoring). With increasingly overcrowded prisons, electronic tagging has been proposed as an alternative form of punishment, and interest in this topic is growing throughout Europe. Current debates and research have often been limited to policy evaluation and effectiveness, whereas Electronic Monitoring examines the brand of punishment from a social-science perspective. This book explores the uses and history of electronic tagging, and draws upon the work of the Dutch criminologist Willem Nagel to reflect upon this form of punishment by examining its functions and dysfunctions. It speaks to those interested in criminal justice reform, surveillance, penology and penal innovation and probation.

In Community Punishment: European perspectives, the authors place punishment in the community under the spotlight by exploring the origins, evolution and adaptations of supervision in 11 European jurisdictions. For most people, punishment in the criminal justice system is synonymous with imprisonment. Yet, both in Europe and in the USA, the numbers of people under some form of penal supervision in the community far exceeds the numbers in prison, and many prisoners are released under supervision. Written and edited by leading scholars in the field, this collection advances the sociology of punishment by illuminating the neglected but crucial phenomenon of 'mass supervision'. As well as putting criminological and penological theories to the test in an examination of their ability to explain the evolution of punishment beyond the prison, and across diverse states, the contributors to this volume also assess the appropriateness of the term 'community punishment' in different parts of Europe. Engaging in a serious exploration of common themes and differences in the jurisdictions included in the collection, the authors go on to examine how 'community punishment' came into being in their jurisdiction and how its institutional forms and practices have been legitimated and re-legitimated in response to shifting social, cultural and political contexts. This book is essential reading for academics and students involved in the study of both community punishment and comparative penology, but will also be of great interest to criminal justice policymakers, managers and practitioners.

In Community Punishment: European perspectives, the authors place punishment in the community under the spotlight by exploring the origins, evolution and adaptations of supervision in 11 European jurisdictions. For most people, punishment in the criminal justice system is synonymous with imprisonment. Yet, both in Europe and in the USA, the numbers of people under some form of penal supervision in the community far exceeds the numbers in prison, and many prisoners are released under supervision. Written and edited by leading scholars in the field, this collection advances the sociology of punishment by illuminating the neglected but crucial phenomenon of 'mass supervision'. As well as putting criminological and penological theories to the test in an examination of their ability to explain the evolution of punishment beyond the prison, and across diverse states, the contributors to this volume also assess the appropriateness of the term 'community punishment' in different parts of Europe. Engaging in a serious exploration of common themes and differences in the jurisdictions included in the collection, the authors go on to examine how 'community punishment' came into being in their jurisdiction and how its institutional forms and practices have been legitimated and re-legitimated in response to shifting social, cultural and political contexts. This book is essential reading for academics and students involved in the study of both community punishment and comparative penology, but will also be of great interest to criminal justice policymakers, managers and practitioners.

The most punitive era in American history reached its apex in the 1990s, but the trend has reversed in recent years. Smart on Crime: The Struggle to Build a Better American Penal System examines the factors causing this dramatic turnaround. It relates and echoes the increasing need and desire on the part of actors in the American government system to construct a penal system that is more rational and humane. Author Garrick L. Percival points out that the prison boom did not naturally emerge as a governmental response to increasing crime rates. Instead, political forces actively built and shaped the growth of a more aggressive and populated penal system. He is optimistic that the shifting political forces surrounding crime and punishment can now reform the system, explaining how current political actors can craft more constructive and just policies and programs. The book shows how rationality and humanitarianism lead to a penal system that imprisons fewer people, does less harm to the lives of individual offenders and those close to them, and is less expensive to maintain. The book presents empirical data to concretely demonstrate what is working and what is not in today's penal system. It closely examines policies and practices in Texas, Ohio, and California as comparative illustrations on what progress has been made or needs to be made in penal systems across the United States. The book includes a comprehensive discussion of highlighted issues, and relates more than two dozen interviews with pivotal political actors who clarify why there is a major shift underway in the American penal system. Their insights reveal paths that can be taken to improve the current penal system.

Drawing on qualitative and quantitative research from around the world, this book brings together renowned international scholars to explore life-course perspectives on women's imprisonment. Instead of covering only one aspect of women's carceral experiences, this book offers a broader perspective that encompasses women's pathways to prison, their prison experiences and the effects of these experiences on their children's well-being, as well as their subsequent chances of desisting from crime.Encompassing perspectives from the Netherlands, Belgium, Denmark, Scotland, the United States, Ukraine and Sri Lanka, this book uncovers the similarities across time and space in women offenders' life histories and those of their children and examines the differences in women's experiences and trajectories by shedding light on the moderating effects of particular cultural contexts. Lives of Incarcerated Women will be of interest to academics and students engaged in the study of punishment, penology, life-course criminology, women and crime and gender studies. It will also be of great interest to practitioners.