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Dangerous Politics: Risk, Political Vulnerability, and Penal Policy brings together relevant literature in law, criminology, and politics to provide insights into the nature of British penal politics, the role of the judiciary and pressure groups, and the interrelation between risk, the 'public voice', and penal politics. It presents a detailed case study of the IPP story: the creation and eventual demise of the Imprisonment for Public Protection (IPP) sentence. Drawing on over 60 in-depth interviews with key policymakers, the author investigates the beliefs, traditions, and political processes that propelled developments in the 'IPP story', namely the creation, contestation, amendment, and demise of the IPP sentence. An indeterminate sentence modelled upon the existing life sentence but targeted far more broadly, the IPP sentence has been described as 'one of the least carefully planned and implemented pieces of legislation in the history of British sentencing' (Jacobson and Hough, 2010) and has dramatically increased the indeterminate-sentenced prison population, from approximately 3,000 in 1992 to over 13,000 in 2014. Though abolished in 2012, it remains a pressing issue: over 5,000 IPP prisoners remain, with ongoing campaigns pressing for their release. Standing as one of the most striking examples of the expansion of preventive goals in sentencing policy, this study of the IPP story stands as a cautionary tale, with important lessons for Australia, Canada, the United States, and other nations that continue to pursue preventive goals. This book argues that the IPP story demonstrates the need to be cautious of equating substance with process - while on one view the IPP sentence constitutes a penal manifestation of the risk society, its development refutes the 'evolutionary growth' of such policies as implied by the 'new penology' thesis. Dangerous Politics makes an original contribution to our understanding of the genesis and demise of the IPP sentence, and to our broader understanding of the nature of penality in early 21st century Britain. It will be of interest to academics and students in the fields of criminology, criminal law, politics and policymaking, as well as sentencing and criminal justice policymakers.
The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
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