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Books > Social sciences > Sociology, social studies > Crime & criminology > Penology & punishment
Can the criminal justice system achieve justice based on its ability to determine the truth? Drawing on a variety of disciplinary and interdisciplinary perspectives, this book investigates the concept of truth - its complexities and nuances - and scrutinizes how well the criminal justice process facilitates truth-finding. From allegation to sentencing, the chapters take the reader on a journey through the criminal justice system, exposing the marginalization of truth-finding in favour of other jurisprudential or systemic values, such as expediency, procedural fairness and the presumption of innocence. This important work bridges the gap between what people expect from the criminal justice system and what it can legitimately deliver.
This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been 'saved' from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.
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.
San Pedro is Bolivia's most notorious prison. Small-time drug smuggler Thomas McFadden found himself on the inside. Marching Powder is the story of how he navigated this dark world of gangs, drugs and corruption to come out on top. Thomas found himself in a bizarre world, the prison reflecting all that is wrong with South American society. Prisoners have to pay an entrance fee and buy their own cells (the alternative is to sleep outside and die of exposure), prisoners' wives and children often live inside too, high quality cocaine is manufactured and sold from the prison. Thomas ended up making a living by giving backpackers tours of the prison - he became a fixture on the backpacking circuit and was named in the Lonely Planet guide to Bolivia. When he was told that for a bribe of $5000 his sentence could be overturned, it was the many backpackers who'd passed through who sent him the money. Written by lawyer Rusty Young, Marching Powder - sometimes shocking, sometimes funny - is a riveting story of survival.
This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach - engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.
1.Whereas many of the competing books focus on prisons, fewer focus on the concept of punishment, and its social and political context. 2. This book has a multi-disciplinary market across criminology, sociology and soco-legal studies. 3. This book is well-suited for upper level courses on punishment and penology, prisons and the criminal justice system.
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.
Reparation, or making amends, is an ancient theme in criminal justice. It was revived in both Europe and North America in the 1980s as a practical alternative both to retributivism, and to the various utilitarian projects traditionally associated with retributive justice.Making Amends examines the practice of these schemes in the UK, USA, and Germany, and shows how criminal justice institutions were unresponsive to these attempts to cast justice in a new form. Yet the experiments reflected an abiding dissatisfaction with criminal courts and with the manner in which justice is conceived and expressed within the criminal framework. The authors' conclusions therefore have implications for the workings of the criminal justice system as a whole.
What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia's leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the 'penal/colonial complex,' in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as 'risk management', 'the therapeutic prison', and 'preventative detention' are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.
Criminological and penological scholarship has in recent years explored how and why institutions and systems of punishment change - and how and why these changes differ in different contexts. Important though these analyses are, this book focuses not so much on the changing nature of institutions and systems, but rather the changing nature of penal practice and practitioners Bringing together leading researchers from around the world, this collection unites studies that aim to describe and critically analyse penal practice with studies that investigate its effectiveness and prescribe its future development. Reversing penology's usual preoccupation with the prison, the book focuses mainly on penal practice in the community (i.e. on probation, parole, offender supervision and 'community corrections'). The first part of the book focuses on understanding practice and practitioners, exploring how changing social, cultural, political, and organisational contexts influence practice, and how training, development, professional socialisation and other factors influence practitioners. The second part is concerned with how practitioners can be best supported to develop the skills and approaches that seem most likely to generate positive impacts. It contains accounts of new practice models and approaches, as well as reports of research projects seeking both to discover and to encourage effective practices. This book explores internationally significant and cutting-edge theoretical and empirical work on the cultures, practices, roles and impacts of frontline practitioners in delivering penal sanctions. As such, it will be of interest to researchers in criminology, social work and social policy as well as correctional policy makers and those involved in community supervision.
This book is open access under a CC BY 4.0 license. This book provides the most in-depth study of capital punishment in Scotland between the mid-eighteenth and early nineteenth century to date. Based upon an extensive gathering and analysis of previously untapped resources, it takes the reader on a journey from the courtrooms of Scotland to the theatre of the gallows. It introduces them to several of the malefactors who faced the hangman's noose and explores the traditional hallmarks of the spectacle of the scaffold. It demonstrates that the period between 1740 and 1834 was one of discussion, debate and fundamental change in the use of the death sentence and how it was staged in practice. In addition, the study provides an innovative investigation of the post-mortem punishment of the criminal corpse. It offers the reader an insight into the scene at the foot of the gibbets from which criminal bodies were displayed and around the dissection tables of Scotland's main universities where criminal bodies were used as cadavers for anatomical demonstration. In doing so it reveals an intermediate stage in the long-term disappearance of public bodily punishment.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
A rich examination of the neglect and abuses occurring to women in correctional facilities, Women, Incarceration, and Human Rights Violations draws upon a wealth of case studies from around the world and class action lawsuits to shed light on 'covert' abuse such as sexual or physical abuse, as well as 'overt' abuse such as the denial of medical treatment. Adopting a feminist framework, this book offers a comparative evaluation of abuse in domestic and international correctional facilities, demonstrating the extent to which women are at high risk of being sexually abused and re-victimized in the correctional system, where pregnancy and other specific medical and health issues are consistently ignored. Calling attention to the necessity of addressing the gender-specific needs of women who are incarcerated, Women, Incarceration, and Human Rights Violations offers a review of current policy, laws, and regulation bearing on the issue, while providing concrete recommendations and policy changes to address abuses. As such it will appeal to sociologists, criminologists, and policymakers concerned with questions of gender, penology, and institutional abuse.
Despite a resurgence in the number of studies of Chinese social control over the past decade or so, no sustained work in English has detailed the recent developments in policy and practice against serious crime, despite international recognition that Chinese policing of serious crime is relatively severe and that more people are executed for crime in China each year than in the rest of the world combined. In this book the author skilfully explores the politics, practice, procedures, and public perceptions of policing serious crime in China, focusing on one particular criminal justice practice - anti-crime campaigns - in the period of transition from planned to market economy from the 1980s to the first years of the twenty-first century. Susan Trevaskes analyzes the elements that led to the Hard Strike becoming the preferred method of attacking the growing problem of serious crime in China before going on to examine the factors surrounding the failure of the Hard Strike as a way of addressing the main problems of serious crime in China today, that is drug trafficking and organized crime . Drawing on a rich variety of Chinese sources Serious Crime in China is an original and informed read for scholars of China, criminologists generally and the international human rights community.
P&P Brantingham's enormous contribution to criminology has paved the way for major theoretical and empirical developments in the understanding of crime and its respective patterns, prevention, and geometry. In this unique collection of original essays, Andresen and Kinney bring together leading scholars in the field of environmental criminology to honour the work of P&P Brantingham with new research on the geometry of crime, patterns in crime and crime generators and attractors. Chapters include new perspectives on the crime mobility triangle, electronic monitoring, illegal drug markets, the patterns of vehicle theft for export, prolific offender patterns,crime rates in hotels and motels, violent crime and juvenile crime. A final chapter gathers together a collection of letters to P&P Brantingham, from key scholars reflecting on and celebrating their important contribution. This volume provides essential readings for those interested in the field of environmental criminology.
This book draws together the work of a new community of scholars with a growing interest in carceral geography: the geographical study of practices of imprisonment and detention. It combines work by geographers on 'mainstream' penal establishments where people are incarcerated by the prevailing legal system, with geographers' recent work on migrant detention centres, where irregular migrants and 'refused' asylum seekers are detained, ostensibly pending decisions on admittance or repatriation. Working in these contexts, the book's contributors investigate the geographical location and spatialities of institutions, the nature of spaces of incarceration and detention and experiences inside them, governmentality and prisoner agency, cultural geographies of penal spaces, and mobility in the carceral context. In dialogue with emergent and topical agendas in geography around mobility, space and agency, and in relation to international policy challenges such as the (dis)functionality of imprisonment and the search for alternatives to detention, this book presents a timely addition to emergent interdisciplinary scholarship that will prompt dialogue among those working in geography, criminology and prison sociology.
First published in 1983, Women's Imprisonment explores the meanings of women's imprisonment and, in particular, the wider meanings of the 'moment' of prison. Based on officially sponsored research in Cornton Vale, Scotland's only women's prison, the book makes extensive use of interviews with sheriffs, policemen, and social workers, as well as observation in the prisons, the courts, and the lodging-houses. The author quotes from interviews with women recidivist prisoners, the judges who send them to prison, and the agencies which assist them in between their periods of imprisonment. In doing so, questions are raised about the meanings of imprisonment and the penal disciplining of women at the time of original publication. The book also examines the changing and various meanings of imprisonment in general and the invisible nature of the social control of women in particular.
This is a history of the California prison movement from 1950 to 1980, focusing on the San Francisco Bay Area's San Quentin State Prison and highlighting the role that prison reading and writing played in the creation of radical inmate ideology in those years. The book begins with the Caryl Chessman years (1948-60) and closes with the trial of the San Quentin Six (1975-76) and the passage of California's Determinate Sentencing Law (1977). This was an extraordinary era in the California prisons, one that saw the emergence of a highly developed radical convict resistance movement inside prison walls. This inmate groundswell was fueled at times by remarkable individual prisoners, at other times by groups like the Black Muslims or the San Quentin chapter of the Black Panther Party. But most often resistance grew from much wider sources and in quiet corners: from dozens of political study groups throughout the prison; from an underground San Quentin newspaper; and from covert attempts to organize a prisoners' union. The book traces the rise and fall of the prisoners' movement, ending with the inevitably bloody confrontation between prisoners and the state and the subsequent prison administration crackdown. The author examines the efforts of prison staff to augment other methods of inmate management by attempting to modify convict ideology by means of "bibliotherapy" and communication control, and describes convict resistance to these attempts as control. He also discusses how Bay Area political activists became intensely involved in San Quentin and how such writings as Chessman's Cell 2455, Cleaver's Soul on Ice, and Jackson's Soledad Brother reached far beyond prison walls to influence opinion, events, and policy.
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.
This book offers an interdisciplinary analysis of how contemporary American prison narratives reflect and produce ideologies of masculinity in the United States, and in so doing, compellingly engages popular culture in order to demonstrate the profound ways in which implicit understandings of prison life shape all Americans, and their reactions to people both incarcerated and not.
A Restorative Justice Reader brings together carefully chosen extracts from the most important and influential contributions to the literature of restorative justice, accompanying these with an informative commentary providing context and explanation. It includes works by both well known advocates of restorative justice and by some of the key critics of the restorative justice movement. The new edition has been thoroughly revised to take account of the rapid expansion of the literature of restorative justice over the last decade. Classical readings are accompanied by more recent literature representing the most significant contributions to research, discussion and debate concerning restorative justice. The latest edition also contains:
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.
First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.
The words we use to talk about justice have an enormous impact on our everyday lives. As the first in-depth, ethnographic study of language, "Talking Criminal Justice" examines the speech of moral entrepreneurs to illustrate how our justice language encourages social control and punishment. This book highlights how public discourse leaders (from both conservative and liberal sides) guide us toward justice solutions that do not align with our collectively professed value of "equal justice for all" through their language habits. This contextualized study of our justice language demonstrates the concealment of intentions with clever language use which mask justice ideologies that differ greatly from our widely espoused justice values. By the evidence of our own words "Talking Criminal Justice "shows that we consistently permit and encourage the construction of people in ways which attribute motives that elicit and empower social control and punishment responses, and that make punitive public policy options acceptable.This book will be of interest to academics, students and professionals concerned with social and criminal justice, language, rhetoric and critical criminology.
One of the most comprehensive examinations of US torture policy, from the Cold War to the War on Terror to the debate over accountability Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America's policy of torture-one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to "enemies," ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective? The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Then a psychologist, a historian, a political scientist, a philosopher, a sociologist, two journalists, and eight lawyers offer one of the most comprehensive examinations of torture to date, beginning with the CIA during the Cold War era and ending with today's debate over accountability for torture. Ultimately, this gripping, interdisciplinary work details the complicity of the United States government in the torture and cruel treatment of prisoners both at home and abroad and discusses what can be done to hold those who set the torture policy accountable. Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley. |
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