Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

This book examines our contemporary preoccupation with risk and how criminal law and punishment have been transformed as a result of these anxieties. It adopts an historical approach to examine the development of risk control measures used across the US, UK, New Zealand, Australia and Canada - particularly since the 1980's - with the rise of the "security sanction". It also takes a criminological and sociological approach to analysing shifts in criminal law and punishment and its implications for contemporary society and criminal justice systems. Law, Insecurity and Risk Control analyses the range and scope of the 'security sanction' and its immobilizing measures, ranging from control over minor incivilities to the most serious crimes. Despite these innovations, though, it argues that our anxieties about risk have become so extensive that the "security sanction" is no longer sufficient to provide social stability and cohesion. As a consequence, people have been attracted to the 'magic' of populism in a revolt against mainstream politics and organisations of government, as with the EU referendum in the UK and the US presidential election of Donald Trump in 2016. While there have been political manoeuvrings to rein back risk and place new controls on it, these have only brought further disillusionment, insecurity and anxiety. This book argues that the "security sanction" is likely to become more deeply embedded in the criminal justice systems of these societies, as new risks to both the well-being of individuals and the nation state are identified.

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.

This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual's right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.

This edited collection brings together leading international academics and researchers to provide a comprehensive body of literature that informs the future of prison and wider corrective services training, education, research, policy and practice. This volume addresses a range of 21st century issues faced by modern corrective services including, prison overcrowding, young and ageing offenders, mental health, sexual assault in corrective facilities, trans communities in corrective services and radicalisation of offenders within corrective services. Taking a multi-disciplinary approach and drawing together theoretical and practice debates, the book comprehensively considers current challenges and future trajectories for corrective systems, the people within them and service delivery. This volume will also be a welcomed resource for academics and researchers who have an interest in prisons, corrective services practice and broader criminal justice issues. It will also be of interest to those who want to join corrective services, those who are currently training to become personnel in corrective services and related allied professions, and those who are currently working in the field.

This edited volume presents research about life in prison for women, discussing both incarcerated women and those working in prisons. It addresses women's paths through the criminal justice system from sentencing through post-incarceration and reintegration into society, highlighting the differences in women's experience of prison compared to their male counterparts and noting both the positive and negative changes implemented for women behind bars. Covering research on stigma, pop culture, motherhood, sexuality and gender, access to healthcare, vocational training, and educational opportunities, this text takes both a local and international view. Women and Prison is a comprehensive volume suitable for criminal justice researchers, mental health professionals, students of criminology, women's studies, sociology and those seeking a career in corrections.

Every day children exiled to prison are exposed to abusive and neglectful treatment, yet their plight is hidden. Based on wide-ranging research and first-person interviews, this passionately argued book presents the shocking truth about the lives and deaths of children in custody. Drawing on human rights legislation and progress in the care and treatment of vulnerable children elsewhere, it outlines the harsh realities of penal child custody including hunger, denial of fresh air, cramped and dirty cells, strip-searching, segregation, the authorised infliction of severe pain, uncivilised conditions for suicidal children and ever-present violence and intimidation. The issues are explored through the lens of protection, not punishment, and the author finds there can be only one conclusion: child prisons must close. Providing a compelling manifesto for urgent and radical change, this book should be read by everyone who cares about child protection and human rights.

A quarter of century has passed since Margaret Thatcher launched one of her most controversial reforms, privately- run prisons, and the role of the private sector in delivering public services continues to be one of the big political issues of our time. This book, by a critical professional insider, re-assesses the benefits and failures of competition, how public and private prisons compare, the impact of competition on the public sector's performance, and how well Government has managed this peculiar 'quasi-market'. Drawing on first person interviews with key players, including Chief Executives and prison managers in both sectors and Chief Inspectors, Julian Le Vay uses his former role as Finance Director of the Prison Service to give a wholly new analysis of comparative costs and of the impact of constant changes in competition policy. He draws out lessons from the parallel stories of the SERCO/G4S billing scandal, privately run immigration detention and the more radical approach now being taken on outsourcing probation, and looks in detail at four prisons, publicly and privately run, that 'failed'. Concluding with a critique of the future shape of competition, he also draws some general conclusions on the way government works. This is vital reading for anyone interested in the role of competition in public services, implementation of public policy, or the state of our prisons.

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.

This book offers a broad overview of public attitudes to the death penalty in India. It examines in detail the progress made by international organizations worldwide in their efforts to abolish the death penalty and provides statistics from various countries that have already abolished it. The book focuses on four main aspects: the excessive cost and poor use of funds; wrongful executions of innocent people; the death penalty's failure as an efficient deterrent; and the alternative sentence of life imprisonment without parole. In closing, the book analyses the current debates on capital punishment around the globe and in the Indian context. Based on public opinion surveys, the book is essential reading for all those interested in India, its government, criminal justice system, and policies on the death penalty and human rights.

This book provides a critical analysis of criminological scholarship in Malaysia, presenting a focused exploration of the key qualities and limitations to studies on crime, deviance, victimization and criminal justice in this country. This text connects contemporary crime problems with historical legacies such as the impact of colonialism and the influence of ethno-nationalism and authoritarianism in the region. Conflict and tension created by legal pluralism is illustrated via three case studies exploring apostasy, Islamic rehabilitation centres, and retention and use of the death penalty. In addition to a critique of contemporary Malaysian criminological scholarship, Towards a Malaysian Criminology suggests a composite, critical criminological approach to guide future research. This approach draws on theoretical traditions in critical race theory, critical realism, ultra-realism and the emerging field of Islamic critical realism. Given the multidisciplinary nature of the discipline, this text will appeal to scholars of criminology, sociology, law, politics and Islamic theology.

This book discusses the concept of 'agnosis' and its significance for criminology through a series of case studies, contributing to the expansion of the criminological imagination. Agnotology - the study of the cultural production of ignorance, has primarily been proposed as an analytical tool in the fields of science and medicine. However, this book argues that it has significant resonance for criminology and the social sciences given that ignorance is a crucial means through which public acceptance of serious and sometimes mass harms is achieved. The editors argue that this phenomenon requires a systematic inquiry into ignorance as an area of criminological study in its own right. Through case studies on topics such as migrant detention, historical institutionalised child abuse, imprisonment, environmental harm and financial collapse, this book examines the construction of ignorance, and the power dynamics that facilitate and shape that construction in a range of different contexts. Furthermore, this book addresses the relationship between ignorance and the achievement of 'manufactured consent' to political and cultural hegemony, acquiescence in its harmful consequences and the deflection of responsibility for them.

This book examines how the prison environment, architecture and culture can affect mental health as well as determine both the type and delivery of mental health services. It also discusses how non-medical practices, such as peer support and prison education programs, offer the possibility of transformative practice and support. By drawing on international contributions, it furthermore demonstrates how mental health in prisons is affected by wider socio-economic and cultural factors, and how in recent years neo-liberalism has abandoned, criminalised and contained large numbers of the world's most marginalised and vulnerable populations. Overall, this collection challenges the dominant narrative of individualism by focusing instead on the relationship between structural inequalities, suffering, survival and punishment. Chapter 2 of this book is available open access under a CC BY 4.0 license via link.springer.com.

This book explores the dramatic evolution of a feminist movement that mobilised to challenge a women's prison system in crisis. Through in-depth historical research conducted in the Australian state of Victoria that spans the 1980s and 1990s, the authors uncover how incarcerated women have worked productively with feminist activists and community coalitions to expose, critique and resist the conditions and harms of their confinement. Resisting Carceral Violence tells the story of how activists-through a combination of creative direct actions, reformist lobbying and legal challenges-forged an anti-carceral feminist movement that traversed the prison walls. This powerful history provides vital lessons for service providers, social justice advocates and campaigners, academics and students concerned with the violence of incarceration. It calls for a willingness to look beyond the prison and instead embrace creative solutions to broader structural inequalities and social harm.

A Southern Criminology of Violence, Youth and Policing examines public experiences of insecurity and the social impacts of security programmes that aim to address violence in Brazil. This book contributes to the emerging field of southern criminology by engaging with the perils faced by people living in 'favelas' in Brazil and critically investigating the discourse of state actors. It combines original ethnographic data with critical analysis to expand understandings of violence and control in urban and postcolonial contexts. This study challenges dominant practices and notions of security and control. Its objective is to decolonise knowledge and shed light on issues relating to policing, coercion, and the great socioeconomic, historical and spatial inequalities that shape the lives of millions of people in the Global South. The findings of this book expose the exacerbation of social problems by the expansion of the penal and crime industry, unsettling the applicability and universalism of mainstream managerial criminology. The evidence reveals that new modes of securitisation have not addressed long-standing issues of sexism, racism, classism and brutalisation in the police. Moreover, through the increasing use of methods of control and incarceration, security programmes have failed to prevent diverse forms of violence and challenge the expansion of organised crime. Instead they have exacerbated the inequalities that affect the most marginalised populations. Written in a clear and direct style, this book will appeal to students and scholars in criminology, sociology, cultural studies, social theory and those interested in learning about the social injustices that exists in the Global South.

Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.

This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.

This book is a thoroughly updated version of the popular first edition of The Prison Officer. It incorporates the significant increase in knowledge about the work of prison officer since the first edition was published and provides a live account of prison work and ways of understanding the role of the prison officer in the late-modern context.

Few detailed narratives exist of prison work and the sort of role the prison officer occupies; this book addresses the gap. Using a range of quantitative and qualitative data and drawing on available theoretical literature it explores the role of the prison officer in an appreciative way, taking into account the little-discussed issues of power and discretion.

It provides a single accessible guide to the world and work of the prison officer, looking in detail at the present role of the prison officer in Britain and demonstrating the centrality of staff-prisoner relationships to every operation carried out by officers.

This book will be of relevance to anyone with an interest in the work of a prison officer; students and others looking for an introductory survey of the literature and essential reading for any established and aspiring officers.

As banks crashed, belts tightened, and cupboards emptied across the country, American prisons grew fat. Doing Time in the Depression tells the story of the 1930s as seen from the cell blocks and cotton fields of Texas and California prisons, state institutions that held growing numbers of working people from around the country and the world-overwhelmingly poor, disproportionately non-white, and displaced by economic crisis. Ethan Blue paints a vivid portrait of everyday life inside Texas and California's penal systems. Each element of prison life-from numbing boredom to hard labor, from meager pleasure in popular culture to crushing pain from illness or violence-demonstrated a contest between keepers and the kept. From the moment they arrived to the day they would leave, inmates struggled over the meanings of race and manhood, power and poverty, and of the state itself. In this richly layered account, Blue compellingly argues that punishment in California and Texas played a critical role in producing a distinctive set of class, race, and gender identities in the 1930s, some of which reinforced the social hierarchies and ideologies of New Deal America, and others of which undercut and troubled the established social order. He reveals the underside of the modern state in two very different prison systems, and the making of grim institutions whose power would only grow across the century.

Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history of bail, she demonstrates how it has become an oppressive tool of the courts that disadvantages minority and poor defendants and shows how we can reform bail to alleviate mass incarceration. By implementing these reforms, she argues, we can restore constitutional rights and release more defendants, while lowering crime rates.

This book offers practical advice on designing, conducting and analyzing interviews with 'elite' and 'expert' persons (or 'socially prominent actors'), with a focus on criminology and criminal justice. It offers dilemmas and examples of 'good' and 'bad' practices in order to encourage readers to critically asses their own work. It also addresses methodological issues which include: access, power imbalances, getting past 'corporate answers', considerations of whether or not it is at times acceptable to ask leading questions and whether to enter a discussion with a respondent at all. This book will be valuable to students and scholars conducting qualitative research.

Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China's penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.

This book provides a unique analysis of prisons and the violence at work inside them. It not only addresses aspects such as racial discrimination, especially in US prisons, but also gender differences, specific criminal groups operating within prisons, the reintegration processes and its failures. Combining works by various authors, it presents diverse perspectives on prison violence: in countries ranging from the USA to Australia, crossing European countries such as Portugal and Spain, among others, but also specific aspects such as prohibitions on phone calls, the economic crisis, and the current challenges of mass incarceration. As such, it offers a broad overview of several problems relevant to all scholars interested in deepening their understanding of violence in prisons.

In The Beautiful Prison incarcerated Americans and prison critics seek to imagine the prison as something better than a machinery of suffering. From personal testimony to theoretical meditation these writers explore and confront the practical and cultural limits the prison places on its transformation into a socially constructive institution. Long-term prisoner Kenneth E. Hartman engages the reader in his struggle to find beauty inside the increasingly bleak and sterile confines of the California Department of Corrections. Chuck Jackson releases his imagination on Houston's notorious Harris County Jail to envision a jailhouse transformed into a university, community, and arts center. Between the grip of the CDC and utopian vision, Leder, Ginsburg, Pinkert, and Brown report on their practical and theoretical work to understand what the prison has been and might be. The Beautiful Prison suggests that any passage from 'ugly prisons' into institutions serving the greater good will only be possible when the will and intellectual capital of their inhabitants are met by free-world critics ready to challenge assumptions of the prison acting solely as an apparatus of punishment.