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In this book a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensive set of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary. As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.
The growth of mass incarceration in the United States eludes neat categorization as a product of the political Right. Liberals played important roles in both laying the foundation for and then participating in the conservative tough-on-crime movement that is largely credited with the rise of the prison state. But can progressive polities, with their benevolent intentions, nevertheless contribute to the expansion of mass incarceration? In Progressive Punishment, Judah Schept offers an ethnographic examination into that liberal discourses about therapeutic justice and rehabilitation can uphold the logic, practices, and institutions that comprise the carceral state. Schept examines how political leaders on the Left, despite being critical of mass incarceration, advocated for a "justice campus" that would have dramatically expanded the local criminal justice system. At the root of this proposal, Schept argues, is a confluence of neoliberal-style changes in the community that naturalized prison expansion as political common sense for a community negotiating deindustrialization, urban decline, and the devolution of social welfare. While the proposal gained momentum, local activists worked to disrupt the logic of expansion and instead offer alternatives to reduce community reliance on incarceration. A well-researched and well-narrated study, Progressive Punishment provides an important and novel perspective on the relationship between liberal politics, neoliberalism, and mass incarceration. -- from back cover.
In the aftermath of the financial crisis of 2008, Western societies entered a climate of austerity which has limited the penal expansion experienced in the US, UK and elsewhere over recent decades. These altered conditions have led to introspection and new thinking on punishment even among those on the political right who were previously champions of the punitive turn. This volume brings together a group of international leading scholars with a shared interest in using this opportunity to encourage new avenues of reform in the penal sphere. Justice is a famously contested concept and this book takes a deliberately capacious approach to the question of how justice can be mobilised to inform new reform agendas. Some of the contributors revisit an antique question in penal theory and reconsider the question of what fair or just punishment should look like today. Others seek to make gender central to understanding of crime and punishment, or actively reflect on the part that related concepts such as human rights, legitimacy and trust can and should play in thinking about the creation of more just crime control arrangements. Faced with the expansive penal developments of recent decades, much research and commentary about crime control has been gloom-laden and dystopian. By contrast, this volume seeks to contribute to a more constructive sensibility in the social analysis of penality: one that is worldly, hopeful and actively engaged in thinking about how to create more just penal arrangements. Justice and Penal Reform is a key resource for academics and as a supplementary text for students undertaking courses on punishment, penology, prisons, criminal justice and public policy. This book approaches penal reform from an international perspective and offers a fresh and diverse approach within an established field.
A critical examination of how contemporary criminal justice reforms expand rather than shrink structurally violent systems of policing, surveillance, and carceral control in the United States. Public opposition to the structural racist, gendered, and economic violence that fuels the criminal legal system is reaching a critical mass. Ignited by popular uprisings, protests, and campaigns against state violence, demands for transformational change have escalated. In response, a now deeply entrenched so-called bipartisan industry has staked its claim to the reform terrain. Representing itself as a sensible bridge across bitterly polarized political divides and party lines, the bipartisan reform industry has sought to control the nature and scope of local, state, and federal reforms. Along the way, it creates an expanding web of neoliberal public-private partnerships, with the promotion and implementation of efforts managed by billionaires, public officials, policy factories, foundations, universities, and mega nonprofit organizations. Yet many bipartisan reforms constitute deceptive sleights of hand that not only fail to produce justice but actively reproduce structural racial and economic inequality. Carceral Con pulls the veil away from the reform public relations machine, providing a riveting overview of the repressive US carceral state and a critical examination of the reform terrain, quagmires, and choices that face us. This book vividly illustrates how contemporary bipartisan reform agendas leave the structural apparatus of mass incarceration intact while widening the net of carceral control and surveillance. Readers are also provided with information and insights useful for examining the likely impacts of reforms today and in the future. What can we learn from reforms of the past? What strategies hold most promise for dismantling structural inequalities, corporate control, and state violence? What approaches will reduce reliance on carceral control and also bring about community safety? Utilizing an abolitionist lens, Carceral Con makes the compelling case for liberatory approaches to envisioning and creating a just society.
A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Sentencing and corrections issues are much the same in every Western nation. Increasingly, countries are importing policies and practices that have succeeded elsewhere. In that spirit, this volume brings together articles on sentencing reform in the United States, other English-speaking countries, and Western Europe, all written by leading national and international authorities on sentencing and punishment policy, practices, and institutions. Timely and readable, many of these essays provide brief yet detailed sentencing policy histories for countries and states. Others offer concise overviews of research on racial disparities, public opinion, and evaluation of the effects of new policies. Together, they illustrate the radical, precipitate, and hyperpoliticized nature of American sentencing reform in the last twenty-five years. Sentencing Reform in Overcrowded Times: A Comparative Perspective fills a major gap in the academic and policy literatures on this subject, and will be essential reading for students, scholars, and practitioners.
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.