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A critical examination of life imprisonment without the possibility of parole (LWOP). This book presents a unique case study of the 'normalization' of LWOP and the extent to which groups and individuals within civil society who challenge capital punishment have helped normalize LWOP by fostering the belief that it is humane and merciful.
A critical, theoretical, and empirical examination of life imprisonment without the possibility of parole (LWOP) is long overdue. This book presents a unique case study of the 'normalization' of LWOP. More specifically, it explores the ties between LWOP's normalization and death penalty abolitionism, using California as a case study. Drawing on rich empirical research, it brings together relevant literature in criminology, the sociology of punishment, social policy, and sentencing to provide insights into the nature of American penal politics, the role of progressive pressure groups, and the relationship between life imprisonment and capital punishment. This study investigates the extent to which members of civil society who challenge capital punishment (lawyers, non-profit organizations, and lobbyists) have helped normalize LWOP by fostering the belief that it is humane and merciful. The monograph focuses on three domains where anti-death penalty activists have lobbied, campaigned, pled for, and agreed to LWOP; Congress, the political sphere, and courtrooms. For each domain, the book teases out the motivations of the main actors and agencies involved. It analyses the constraints under which they considered themselves to be operating, and the relationship between these motivations and the broad social, legal, and political environment in which they unfolded. Particular attention is paid to actors' understandings of the concepts of 'life' and 'death' in punishment.
A critical, theoretical, and empirical examination of life imprisonment without the possibility of parole (LWOP) is long overdue. This book presents a unique case study of the 'normalization' of LWOP. More specifically, it explores the ties between LWOP's normalization and death penalty abolitionism, using California as a case study. Drawing on rich empirical research, it brings together relevant literature in criminology, the sociology of punishment, social policy, and sentencing to provide insights into the nature of American penal politics, the role of progressive pressure groups, and the relationship between life imprisonment and capital punishment. This study investigates the extent to which members of civil society who challenge capital punishment (lawyers, non-profit organizations, and lobbyists) have helped normalize LWOP by fostering the belief that it is humane and merciful. The monograph focuses on three domains where anti-death penalty activists have lobbied, campaigned, pled for, and agreed to LWOP; Congress, the political sphere, and courtrooms. For each domain, the book teases out the motivations of the main actors and agencies involved. It analyses the constraints under which they considered themselves to be operating, and the relationship between these motivations and the broad social, legal, and political environment in which they unfolded. Particular attention is paid to actors' understandings of the concepts of 'life' and 'death' in punishment. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
One of the most contentious and sensitive topics in criminal justice, Life after Life Imprisonment looks at the release and resettlement of life-sentenced offenders in England and Wales - where there are very few prisoners in the system for whom 'life' means life. By providing an in-depth analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom released during the mid-1990s, this book looks at the reality facing Lifers as they are released at some time during their sentences, usually on very long licences, to be closely monitored and supervised by probation officers. Using accessible and comprehensive data, it examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of the probation officers charged with supervising life-sentenced offenders, and analyses the 'stories' or life narratives of a group of individuals who have committed some of the most serious crimes. It also examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. Of interest to legal scholars and criminologists, as well as practitioners in the field, Catherine Appleton's book offers a major insight into how societies respond to serious crime and identifies important elements of successful reintegration for released life-sentenced offenders.
Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
Spanning almost a century of penal policy and practice in England and Wales, this book is a study of the long arc of the rehabilitative ideal, beginning in 1895, the year of the Gladstone Committee on Prisons, and ending in 1970, when the policy of treating and training criminals was very much on the defensive. Drawing on a plethora of source material, such as the official papers of mandarins, ministers, and magistrates, measures of public opinion, prisoner memoirs, publications of penal reform groups and prison officers, the reports of Royal Commissions and Departmental Committees, political opinion in both Houses of Parliament and the research of the first cadre of criminologists, this book comprehensively examines a number of aspects of the British penal system, including judicial sentencing, law-making, and the administration of legal penalties. In doing so, Victor Bailey expertly weaves a complex and nuanced picture of punishment in twentieth-century England and Wales, one that incorporates the enduring influence of the death penalty, and will force historians to revise their interpretation of twentieth-century social and penal policy. This detailed and ground-breaking account of the rise and fall of the rehabilitative ideal will be essential reading for scholars and students of the history of crime and justice and historical criminology, as well as those interested in social and legal history.
"In recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine part of contemporary US criminal justice, even engrained in the nation's cultural imaginary, but how it came to be so remains in question. Fifty years ago, imprisoning a person until death was an extraordinary sentence; today, it accounts for an increasing percentage of all US prisoners. What explains the shifts in penal practice and the social imagination by which we have become accustomed to imprisoning individuals until death without any reevaluation or reasonable expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long. The rise of life without parole, this book demonstrates, is not simply a matter of growth: it is a phenomenon of change, inclusive of changes in definitions, practices, and meanings. Death by Prison shows that the complex processes by which life without parole became imprisonment until death and perpetual confinement became a routine part of American punishment must be understood not only in terms of punitive attitudes and political efforts but as a matter of background conditions and transformations in penal institutions. The book also reveals how the social and sociological relevance of life without parole extends beyond its punitive element: imbued in the history of life without parole are a variety of forms of disregard--for human dignity, for social consequences, and for the myriad responsibilities that go along with state punishment"--
In 2006, after a scandal that gripped the country, the British government began to transform its prison system. Under pressure to find and expel foreigners, Her Majesty's Prison Service began concentrating non-citizens in prisons with "embedded" border agents. Today, prison officers referanyone suspected of being foreign to immigration authorities and prisoners facing deportation are detained in special prisons devoted to confining non-citizens. Those who cannot be deported linger, sometimes for years, indefinitely detained behind prison walls. The British approach to foreignnationals reflects a broader trend in punishment. Over the past decade, penal institutions across England, the United States, and Western Europe have become key sites for border control.Offering the first comprehensive account of the imprisonment of non-citizens in the United Kingdom, Punish and Expel: Border Control, Nationalism, and the New Purpose of the Prison draws on extensive empirical data, based on fieldwork in five men's prisons, to explore the relationship betweenpunishment and citizenship. Using first-hand testimonies from hundreds of prisoners, prison officers, and high-level policy makers, it describes how prisons create a national identity and goes inside citizenship classes and 'all-foreign' prisons, documenting the treatment of non-citizens by otherprisoners and staff. Passionately argued and meticulously researched, Punish and Expel links prisons to the history of British colonialism and the contemporary politics of race, whilst challenging readers to rethink their approach to prisons, and to the people held inside them.
Emerald Studies in Criminology, Feminism and Social Change offers a platform for innovative, engaged, and forward-looking feminist-informed work to explore the interconnections between social change and the capacity of criminology to grapple with the implications of such change.
Respect and Criminal Justice offers the first sustained examination of "respect" in criminal justice in England and Wales, where the value is elusive but of persisting significance. Advancing a critique of the "respect deficit" in policing and imprisonment, the book is concerned with the waysin which both institutions are merely constrained and not characterised by respect. It emerges that they appeal to the word "respect" - relying on its inclusive ethos in official discourse when it is expedient to do so - but rarely and only superficially address the prior question of what it is torespect and be respected. The result is that respect is more akin to a slogan than a foundational value of criminal justice practice.The book will be of interest to academics and students across the humanities and social sciences and especially in law, criminal justice, and philosophy, as well as criminal justice practitioners and policymakers.