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Posts tagged punishment
 The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration

By Michele Goodwin

On August 31, 2017, The New York Times published a provocative news article, “The Incarcerated Women Who Fight California’s Wildfires.” California is particularly known for its wildfires.1 The dry-air, hot-weather conditions that persist much of the year and limited rainfall create the conditions that make pockets of the state ripe for devastating wildfires. Strong winds, often referred to as the Diablo (or the devil), radiate in the northern part of the state, exacerbating the already vulnerable conditions. The Santa Ana winds do the same in southern counties. Fighting these fires can be a matter of life or death. In fact, Shawna Lynn Jones died in 2016, only hours after battling a fire in Southern California. She was nearly done with a three-year sentence—barely two months remained of her incarceration. However, the night before, at 3 a.m., she and other women had been called to put out a raging fire. Tyquesha Brown recalls that the fire that night required traversing a steep hillside of loose rocks and soil.2 This made their task even more challenging. Another woman told a reporter that Jones struggled that night—the weight of her gear and chain  made it difficult for her to establish footing to hike up the hill where the fire blazed.3 However, she and the other women of Crew 13-3 performed their duties, holding back the fire so that it did not “jump the line.”4 By doing so, they saved expensive properties in Malibu. However, Jones was dead by 10 a.m. the next morning.5 For “less than $2 an hour,” female inmates like Shawna Jones and Tyquesha Brown “work their bodies to the breaking point” with this dangerous work.6 The women trudge heavy chains, saws, medical supplies, safety gear, and various other equipment into burning hillsides surrounded by intense flames. On occasion, they may arrive “ahead of any aerial support or local fire trucks,”7 leaving the prisons in the peak of night, when it is pitch black, arriving before dawn to the color of bright flames and intense heat. Sometimes the women are called upon to “set the line,” meaning they clear “potential fuel from a six-foot-wide stretch of ground” between the source of the fire (or whatever is burning) and the land or property in need of protection.8 They dig trenches, moving toward the fire with tools in hand, keeping about ten feet apart from each other while calling out conditions.9 The women cut wood, clearing it before the flames lick at its brittle brush. After, they scrape or shovel—all in syncopation—while clouds of smoke envelope them. For protection, thin bandanas or yellow handkerchiefs cover their mouths. They operate in a frightening rhythm of sorts: saw, hook, shovel, and rake charred earth, trees, or whatever remains from the blazing fire. To the naked eye, the women could appear to represent progress. For too long, state, federal, and local agencies excluded women from professions that demanded the service of their bodies at the front lines of anything other than childbearing, motherhood, and domestic duties. Women waged legal battles to become firefighters and police officers.10 Thus, a glance at the women battling California’s fires might convey a message of hope and that the only battles left are the fires themselves—and not the persistent claims of institutional and private discrimination,11 such as colleagues urinating on their beds,12 sexual harassment,13 and retaliation for performing their jobs well.

New York: Cornell Law Review, 2019.

CESARE BECCARIA : ON CRIMES AND PUNISHMENTS

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Translated from the Italian in the Author's Original Order With Notes and Introduction by David Young

On Crimes and Punishments is a seminal treatise on legal reform written by the Italian philosopher and thinker Cesare Beccaria between 1763 and 1764. The essays proposed many reforms for the criminal justice system, including prompt administration of clearly prescribed and consistent punishments, well-publicized laws made by the legislature rather than individual courts or judges, the abolition of torture in prisons and the use of the penal system to deter would-be offenders, rather than simply punishing those convicted. It is also one of the earlier, and most famous, works against death penalty. The main reason put forward against that measure is that the State, by putting people to death, was committing a crime to punish another one.On Crimes and Punishments is widely considered one of the founding texts of Classical Criminology.

Indiana. Hackett Publishing. 1986.

ON CRIMES AND PUNISHMENTS

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By CESARE BECCARIA. Translated, with an introduction, by HENRY PAOLUCCI

On Crimes and Punishments is a seminal treatise on legal reform written by the Italian philosopher and thinker Cesare Beccaria between 1763 and 1764. The essays proposed many reforms for the criminal justice system, including prompt administration of clearly prescribed and consistent punishments, well-publicized laws made by the legislature rather than individual courts or judges, the abolition of torture in prisons and the use of the penal system to deter would-be offenders, rather than simply punishing those convicted. It is also one of the earlier, and most famous, works against death penalty. The main reason put forward against that measure is that the State, by putting people to death, was committing a crime to punish another one.On Crimes and Punishments is widely considered one of the founding texts of Classical Criminology.

AN ESSAY ON CRIMES AND PUNISHMENTS

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By Cesare Beccaria. Edited and with an Introduction by Adolph Caso

The first systematic study of the principles of crime and punishment. Originally published: London: Printed for E. Newberry, 1775. viii, [iv], 179, lxxix pp. 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, especially among the founding fathers. Originally published anonymously in 1764.

Kessinger Publishing, January 17, 2007, ‎244 pages

Rethinking Criminal Propensity and Character: Cohort Inequalities and the Power of Social Change

By Robert J. Sampson and L. Ash Smith

The social transformations of crime and punishment in the late twentieth and early twenty-first centuries challenge traditional conceptions of criminal propensity and character. A life-course framework on cohort differences in growing up during these times of social change highlights large-scale inequalities in life experiences. Entire cohorts of children have come of age in such different historical contexts that typical markers of a crime-prone character, such as being a chronic offender or having an arrest record, are as much a function of societal change as of an individual’s early life propensities or background characteristics, including classic risk factors emphasized in criminology. When we are thus matters as much as, and perhaps more than, who we are—despite law, practice, and theory privileging the latter. Because crime over the life course is shaped by changing socio-historical conditions, it must be studied as such. Multi-cohort studies provide a key strategy for doing so, inspiring a reconsideration of criminal propensity and policies premised on unchanging predictors of future criminality. Developmental and life-course criminology should elevate the study of cohort differences in social change and, ultimately, societal character.

Crime and Justice, Volume 50, 2021