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Across the country prisons are jammed to capacity and, in extreme cases, barges and mobile homes are used to stem the overflow. Probation officers in some cities have caseloads of 200 and more--hardly a manageable number of offenders to track and supervise. And with about one million people in prison and jail, and two and a half million on probation, it is clear we are experiencing a crisis in our penal system. In Between Prison and Probation, Norval Morris and Michael Tonry, two of the nation's leading criminologists, offer an important and timely strategy for alleviating these problems. They argue that our overwhelmed corrections system cannot cope with the flow of convicted offenders because the two extremes of punishment--imprisonment and probation--are both used excessively, with a near-vacuum of useful punishments in between. Morris and Tonry propose instead a comprehensive program that relies on a range of punishment including fines and other financial sanctions, community service, house arrest, intensive probation, closely supervised treatment programs for drugs, alcohol and mental illness, and electronic monitoring of movement. Used in rational combinations, these "intermediate" punishments would better serve the community than our present polarised choice. Serious consideration of these punishments has been hindered by the widespread perception that they are therapeutic rather than punitive. The reality, however, Morris and Tonry argue, "is that the American criminal justice system is both too severe and too lenient--almost randomly." Systematically implemented and rigorously enforced, intermediate punishments can "better and more economically serve the community, the victim, and the criminal than the prison terms and probation orders they supplant." Between Prison and Probation goes beyond mere advocacy of an increasing use of interdediate punishments; the book also addresses the difficult task of fitting these punishments into a comprehensive, fair and community-protective sentencing system.
In 1840, Alexander Maconochie, a privileged retired naval captain, became superintendent of two thousand twice-convicted prisoners on Norfolk Island, a thousand miles off the coast of Australia. In four years, Maconochie transformed what was one of the most brutal convict settlements in history into a controlled, stable, and productive environment that achieved such success that upon release his prisoners came to be called "Maconochie's Gentlemen". Here Norval Morris, one of the most renowned scholars in criminology today, offers a highly inventive and engaging account of this early pioneer in penal reform.
The mystery does not always end when the crime has been solved.
Indeed, the most insolvable problems of crime and punishment are
not so much who committed the crime, but how to see that justice is
done. Now, in this illuminating volume, one of America's great
legal thinkers, Norval Morris, addresses some of the most
perplexing and controversial questions of justice in a highly
singular fashion--by examining them in fictional form, in what he
calls "parables of the law."
The protagonist of these stories, the figure who must see that
justice is done, is Eric Blair, a name familiar to most readers:
it's the real name of George Orwell. In fact, Morris has set his
tales in the time and place of Orwell's famous essay, "Shooting an
Elephant," in Moulmein, Burma, in the 1920s. What might seem a
curious strategy at first glance--borrowing Orwell's persona to
narrate these tales--is actually a brilliant stroke. For in Eric
Blair we have an ideal narrator to highlight the complexities of
justice: an untrained police lieutenant and junior magistrate,
uncertain of judgement--and all the more likely to anguish over
judgement, and to examine every facet of a case before deciding.
And in 1920s Moulmein we have a neutral time and space in which to
consider--free of our own political, religious, or social
prejudices--a set of contemporary legal and moral questions that
rarely find so calm an arena. And these stories certainly address
some highly charged issues--capital punishment, insanity as a
murder defense, the "battered wife syndrome" as a murder defense,
child custody, "parental neglect" due to religious conviction--to
name a few. In each tale, Norval Morris excels at placing Blair at
the centerof a controversy that has no easy answer, and that he and
he alone must decide. In the title story, for instance, a retarded
boy, whose only understanding of sex comes from the brothel in
which he works, accidentally murders a young girl while raping her,
his only defense being "Please sir, I paid her." Blair can see that
the boy doesn't realize that he has committed a crime, but both the
Burmese and the European community of Moulmein demand the boy's
execution. Does capital punishment make sense in such an instance?
Does it ever make sense? To broaden our understanding of these
intricate cases, Morris concludes each story with a perceptive and
often provocative commentary on each issue. After "Brothel Boy,"
for instance, Morris points out that no reputable study has ever
shown capital punishment to be an effective deterrent to future
murders, and more surprisingly, that paroled murderers commit
proportionately fewer homicides than paroled felons who used a
firearm in the commission of their crime.
Norval Morris is one of America's foremost experts on crime and
punishment, and the stories collected here represent the
culmination of a lifetime of thought on the major criminal law
debates of our time. A reader of these tales will come away with a
deeper understanding of these debates and with a profound respect
for the intricacies of justice and the complexity of the law.
The Oxford History of the Prison is an informative account of the growth and development of the prison in Western society, from classical times to the present day. In fourteen chapters -- each written by specialists in social, legal, and institutional history -- the book explores not only the complex history of the prison, but also the social world of inmates and their keepers.
"Modern Policing," a critical assessment of contemporary police
agencies, is the fifteenth volume in the "Crime and Justice"
series." Modern Policing" is a comprehensive review for students
and scholars of criminal justice and public policy, as well as
specialists in sociology and history.
"Modern Policing," a critical assessment of contemporary police
agencies, is the fifteenth volume in the "Crime and Justice"
series." Modern Policing" is a comprehensive review for students
and scholars of criminal justice and public policy, as well as
specialists in sociology and history.
Norval Morris and Gordon Hawkins's first premise is that our
criminal justice system is a moral busybody, unwisely extended
beyond its proper role of protecting persons and property. But they
go further and systematically cover the amount, costs, causes, and
victims of crime: the reduction of violence; the police;
corrections; juvenile delinquency; the function of psychiatry in
crime control; organized crime; and the uses of criminological
research. On each topic precise recommendations are made and
carefully defended.
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