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"Data-driven criminal justice operations creates millions of criminal records each year in the United States. Documenting everything from a police stop to a prison sentence, these records take on a digital life of their own as they are collected and posted by police, courts, and prisons, and then re-posted on social media, online news and mugshot galleries, and bought and sold by data brokers as an increasingly valuable data commodity. The result is "digital punishment," where mere suspicion or a brush with the law can have lasting consequences. This analysis describes the transformation of criminal records into millions of data points, the commodification of this data into a valuable digital resource, and the impact of this shift on people, society, and public policy. The consequences of digital punishment, as described in hundreds of interviews detailed in this book, lead people to purposefully opt out of society as they cope with privacy and due process violations"--
Crime and Punishment in the Future Internet is an examination of the development and impact of digital frontier technologies (DFTs) such as Artificial Intelligence, the Internet of things, autonomous mobile robots, and blockchain on offending, crime control, the criminal justice system, and the discipline of criminology. It poses criminological, legal, ethical, and policy questions linked to such development and anticipates the impact of DFTs on crime and offending. It forestalls their wide-ranging consequences, including the proliferation of new types of vulnerability, policing and other mechanisms of social control, and the threat of pervasive and intrusive surveillance. Two key concerns lie at the heart of this volume. First, the book investigates the origins and development of emerging DFTs and their interactions with criminal behaviour, crime prevention, victimisation, and crime control. It also investigates the future advances and likely impact of such processes on a range of social actors: citizens, non-citizens, offenders, victims of crime, judiciary and law enforcement, media, NGOs. This book does not adopt technological determinism that suggests technology alone drives social development. Yet, while it is impossible to know where the emerging technologies are taking us, there is no doubt that DFTs will shape the way we engage with and experience criminal behaviour in the twenty-first century. As such, this book starts the conversation about a range of essential topics that this expansion brings to social sciences, and begins to decipher challenges we will be facing in the future. An accessible and compelling read, this book will appeal to those engaged with criminology, sociology, politics, policymaking, and all those interested in the impact of DFTs on the criminal justice system.
The Labour government has embarked upon a root-and-branch remaking of the criminal justice system in England and Wales, with a mass of new legislation and constant high profile for criminal justice issues. This text explores the origins and wider implications of these policy developments.
This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
School policing practices disproportionately affects Black students across U.S. public schools. Less visible is the way these persistent racial inequalities have transformed the landscape of America's neighborhoods. In response to calls for policy reform, districts have clarified the roles of school police officers aimed at preventing the use of citations and arrests, namely for minor offenses of the law that would more appropriately be handled by the school administration. This dissertation examines how discipline policy reform interacts with race and geographical place to influence student arrest patterns and disciplinary infractions. Also important are the challenges that the seeming intractability of reform pose, yet with so little change in racial disparities, present to Black students and entire neighborhoods. In this dissertation, a multilevel root-cause theoretical framework is applied to clarify extant understandings of the structural conditions, political economic processes, and bioecological factors underlying racial disparities in school policing at the neighborhood level. This study reveals neighborhood contextual contradictions between school police officers' enforcement of the law (with respect to school safety) and the unique, multifaceted responsibilities of working in educational settings with students. Drawing on school police student data in the years after the reform, combined with in-depth interviews conducted with 120 Black students, this study finds that school policing of students is more often concentrated in urban neighborhoods in Los Angeles that are characterized by poverty and social disadvantage. Qualitative findings help explain these patterns by describing students' (indirect and direct) contact with school police officers' citation and arrest-driven enforcement methods, and the routine nature of school policing as counter to not only reform, but also to larger goals of building community, instilling safety, and maximizing students' academic engagement. Participation in community-based, social justice organizations helps to buffer these effects for some Black students. My analysis suggests contention within the efficacy of LASPD policy reform, framing a contest that takes place not just across a racial divide, but literally across the modernization of urban space in Los Angeles.
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology.
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.