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Author: David Hayes Publisher: Bloomsbury Publishing ISBN: 1509917985 Category : Law Languages : en Pages : 414
Book Description
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions. It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society. Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Author: David Hayes Publisher: Bloomsbury Publishing ISBN: 1509917985 Category : Law Languages : en Pages : 414
Book Description
This monograph considers the correlation between the relative success of retributive penal policies in English-speaking liberal democracies since the 1970s, and the practical evidence of increasingly excessive reliance on the penal State in those jurisdictions. It sets out three key arguments. First, that increasingly excessive conditions in England and Wales over the last three decades represent a failure of retributive theory. Second, that the penal minimalist cause cannot do without retributive proportionality, at least in comparison to the limiting principles espoused by rehabilitation, restorative justice and penal abolitionism. Third, that another retributivism is therefore necessary if we are to confront penal excess. The monograph offers a sketch of this new approach, 'late retributivism', as both a theory of punishment and of minimalist political action, within a democratic society. Centrally, criminal punishment is approached as both a political act and a policy choice. Consequently, penal theorists must take account of contemporary political contexts in designing and advocating for their theories. Although this inquiry focuses primarily on England and Wales, its models of retributivism and of academic contribution to democratic penal policy-making are relevant to other jurisdictions, too.
Author: David Hayes Publisher: ISBN: 9781509918003 Category : Alternatives to imprisonment Languages : en Pages : 0
Book Description
Intro; Acknowledgements; Table Of Contents; List of Tables and Figures; Introduction: The Politics of Penal Minimalism; I. The Pursuit of the Minimal Penal State in an Age of Excess; II. The 'Problem of Punishment'; III. The Structure of this Book; Part I Defining Penal Excess; Chapter One: Penal Excess and Penal Minimalism; I. Conceptual Foundations: Penal Excess, Moderation, and Minimalism; II. Political Foundations: Penal Minimalism as a Public Good; III. Conclusion: Two Spatial Metaphors for Penal Excess; Chapter Two: Penal Excess in England and Wales; I. Mass Punishment: Excesses of Size.
Author: Katharina Maier Publisher: Emerald Group Publishing ISBN: 1837531943 Category : Social Science Languages : en Pages : 231
Book Description
Punishment, Probation and Parole brings together leading scholars to explore the various dimensions and emerging concepts of community-based penalties and models for their future.
Author: Kirstin Drenkhahn Publisher: Taylor & Francis ISBN: 100090556X Category : Social Science Languages : en Pages : 310
Book Description
This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.
Author: Rob Canton Publisher: Taylor & Francis ISBN: 0429618956 Category : Law Languages : en Pages : 221
Book Description
This book explores the concept of punishment: its meaning and significance, not least to those subject to it; its social, political and emotional contexts; its role in the criminal justice system; and the difficulties of bringing punishment to an end. It explores how levels of criminal punishment could and should be reduced, without compromising moral standards, public safety or the rights of victims of crime. Core contents include: Why punishment matters, the salience of emotions in its various discourses and the role of culture. The politicisation of punishment and legitimacy. The penal system, the prominence of the prison in research on punishment and the role of community sanctions. The aims of punishment, its limits and the role of power. The ethics of punishment and human rights. Punishment and social order. This book is essential reading for all criminologists, as well as students taking courses on punishment, penology, prisons and the criminal justice system.
Author: Pamela Ugwudike Publisher: Routledge ISBN: 1351593269 Category : Reference Languages : en Pages : 1161
Book Description
All the world’s criminal justice systems need to undertake direct work with people who have come into their care or are under their supervision as a result of criminal offences. Typically, this is organized in penal and correctional services – in custody in prisons, or in the community, supervised by services such as probation. Bringing together international experts, this book is the go-to source for students, researchers, and practitioners in criminal justice, looking for a comprehensive and authoritative summary of available knowledge in the field. Covering a variety of contexts, settings, needs, and approaches, and drawing on theory and practice, this Companion brings together over 90 entries, offering readers concise and definitive overviews of a range of key contemporary issues on working with offenders. The book is split into thematic sections and includes coverage of: Theories and models for working with offenders Policy contexts of offender supervision and rehabilitation Direct work with offenders Control, surveillance, and practice Resettlement Application to specific groups, including female offenders, young offenders, families, and ethnic minorities Application to specific needs and contexts, such as substance misuse, mental health, violence, and risk assessment Practitioner and offender perspectives The development of an evidence base This book is an essential and flexible resource for researchers and practitioners alike and is an authoritative guide for students taking courses on working with offenders, criminal justice policy, probation, prisons, penology, and community corrections.
Author: Andrew Ashworth Publisher: Bloomsbury Publishing ISBN: 1509936297 Category : Law Languages : en Pages : 537
Book Description
This revised and updated new edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book. Issues of principle are identified and discussed, to include the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders. The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government's plans for sentencing reform, set out in the 2020 White Paper A Smarter Approach to Sentencing. Throughout the book, sentencing is explored in its wider criminal justice context – making it essential reading for courses on sentencing, criminal justice and criminal law.
Author: Ian Mahoney Publisher: Taylor & Francis ISBN: 1040044387 Category : Social Science Languages : en Pages : 236
Book Description
Offering a range of theoretical and conceptual ideas as well as practical examples, this book provides a detailed insight into holistic opportunities for promoting desistance, reducing reoffending, and supporting (re)settlement and (re)integration. Providing a fresh lens through which to view existing debates within desistance and (re)settlement literature, the book encourages different perspectives and a new framing of current approaches. To this purpose, each chapter considers what embedding a person-centered holistic approach within the criminal justice system might look like, including ways of working within the confines of current processes, potential ethical considerations and how to maximize the potential impact to reduce reoffending. Interdisciplinary in approach, Holistic Responses to Reducing Reoffending will appeal to students, scholars, practitioners and policymakers within criminology, criminal justice, penology and prison studies.
Author: Walker, Clive Publisher: Edward Elgar Publishing ISBN: 1788976320 Category : Law Languages : en Pages : 368
Book Description
This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.
Author: Cesare Beccaria Publisher: The Lawbook Exchange, Ltd. ISBN: 1584776382 Category : Criminal justice, Administration of Languages : en Pages : 274
Book Description
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.
Author: David Hayes
Author: David Hayes
Author: David Hayes
Author: Katharina Maier
Author: Kirstin Drenkhahn
Author: Rob Canton
Author: Pamela Ugwudike
Author: Andrew Ashworth
Author: Ian Mahoney
Author: Walker, Clive
Author: Cesare Beccaria