By: Emil E Jonescu, Talia Uylaki, and Sonja Duric

The purpose of this paper is to draw attention to gaps in existing research and design for neurodiverse people and their quality of life. In particular, this paper focuses on custodial typologies (their philosophical position, and design evolution) as facilities designed to detain either sentenced or unsentenced people, over the short or long term.

Historically, criminality was regarded as an illness and treated through segregation, and to varied degrees, crime, morality, mental health, and religion were deemed inextricably connected. Therefore, prisons, mental institutions, hospitals, and ecclesiastical architecture share philosophical and historical infrastructure. Concurrent evolutionary threads of 'new' solutions, philosophies, and architecture particular to confinement were formed through discourse among social reformers. However, prisons have largely overlooked the needs of neurodivergent individuals.

Neurodiversity refers to the natural variation of human brains and includes individuals who have been diagnosed with conditions such as autism spectrum disorder, attention deficit hyperactivity disorder, and other developmental or intellectual disabilities. Neurodivergent individuals often have unique needs that must be considered in the design and operation of custodial facilities.

Accordingly, this research first undertook a scoping review of online databases and literature to examine, evaluate, and extend on existing peer-reviewed published scholarly literature related to theories, carceral frameworks, and criminality, with a focus on the intersection of neurodiversity and the justice system. The study specifically sought recent and relevant crime and punishment studies.

Secondly, the study conducted a meta-synthesis on an accumulated pool of existing international studies and identified areas of contemporary research, existing gaps, and potential areas of future research for neurodivergent individuals. The findings of this review highlight a general lack spatial research and gaps in existing literature that recognises the complexity of the police ‘lockup’ (a short-term custodial facility for un-sentenced detainees) and its critical function in the criminal justice system, in comparison to other custodial settings that have been studied and have evolved.

Lastly, in examining the extant literature on custodial facilities the study advocates for increased contemporary initiatives and a shift in attitudes that recognise the distinct functions performed by disparate institutions that necessitate different accommodation structures and a distinct functional form. This includes considerations for the unique needs of neurodivergent individuals that are overrepresented in such institutional settings.

X-Potential, V.02 (4), Australia: Hames Sharley.

MAY CONTAIN MARKUP

By Johannes Andenaes

Andenaes explores the intricate relationship between punishment and deterrence, shedding light on the complexities of these concepts within the realm of criminal justice. By delving into the various theories and practices surrounding punishment, Andenaes addresses how the fear of punishment can potentially deter individuals from engaging in criminal behavior. Through his analysis, Andenaes underscores the fine balance that must be struck between exacting punitive measures and fostering a deterrent effect to effectively combat crime in society. His work prompts readers to critically examine the role of punishment as a means of deterring future criminal acts, highlighting the nuances and challenges inherent in this multifaceted process.

University of Michigan Press, 1974, 189p

MAY CONTAIN MARKUP

By Dennis Sullivan

In "The Punishment of Crime in Colonial New York" by Dennis Sullivan, the author delves into the intricacies of the legal system during the colonial period in New York. Sullivan provides a detailed examination of the various forms of punishment meted out to criminals, shedding light on the harsh realities of justice in that era. Through meticulous research and analysis, Sullivan paints a vivid picture of the judicial processes and the societal attitudes towards crime and punishment. Readers are given a glimpse into a time where punishment was often swift and severe, reflecting the values and norms of colonial society. Sullivan's work offers valuable insights into the history of crime and punishment, making it a significant contribution to the study of early American legal systems.

PETER LANG. New York • Washington, D.C./Baltimore • Boston. 1997. 367p.

MAY CONTAIN MARKUP

By Daniel Arasse, translated by Christopher Miller

"The Guillotine and the Terror" delves deep into the chilling history of the French Revolution, exploring the gruesome reign of terror that engulfed France. Unveiling the sinister purpose behind the invention of the guillotine, this book sheds light on the dark events that shaped a nation's destiny. From the blood-soaked streets of Paris to the political machinations of revolutionaries, this gripping narrative unveils the horror and brutality that defined an era. A must-read for history enthusiasts and those seeking to understand the complex interplay of power, fear, and revolution.

Penguin, 1991, 192 pages

MAY CONTAIN MARKUP

By Alexis M. Durham III

After 300 years of the American struggle with crime and punishment-related issues, the nation seems less able to deal with them now than at any other time in history. Why have we failed? Is the worst yet to come?In Crisis and Reform, criminology expert Alexis M. Durham III explores the most serious problems currently plaguing America's correctional system, their historical background, and possible solutions.Topics covered include:--Prison Crowding-AIDS in Prison-Difficulties Associated with Older Inmates-Women in Prison-Changing the Offender-Alternatives to Incarceration, including Electronic Monitoring, Intensive Supervision, House Arrest, Community Services, and Day-Reporting Centers-Boot Camps-Prison Privatization-The Death Penalty

Jones & Bartlett Learning, 1994, 377 pages

By Olivia K. Ha , Evan C. McCuish, Martin A. Andresen, & Raymond R. Corrado

To examine individual perceptions of the consequences of crime, the role of criminogenic models, and whether rational choice and criminal social capital are informative of desistance during emerging adulthood. Data from the Incarcerated Serious and Violent Young Offender Study were used to examine the relationship between different aspects of rational choice theories of desistance, criminogenic environment, and offending trajectories measured between ages 12 and 30, calculated using semi-parametric group-based modeling. Offending trajectories were then modeled using multinomial logistic regression. Trajectory analyses identified three desistance trajectories and three non-desistance trajectories. The strongest predictors of desistance trajectories included variables that relate to rational choices that considered the consequences of crime. Rational choice and life course perspectives on desistance as complementary, with sources of informal social control operating in a manner that, along with other factors, helps structure an individual’s consideration of, and importance placed on, the consequences of crime

Journal of Developmental and Life-Course Criminology  2019,

By Nazgol Ghandnoosh, Emma Stammen and Connie Budaci

In San Joaquin County, California in 2010, 19-year-old Emmanuel Mendoza helped lure a robbery victim to a location where a masked accomplice waited with a firearm. When a struggle with the victim over the firearm ensued, Mendoza’s accomplice fired a fatal shot. Although Mendoza did not have a weapon and the killing had not been planned, he was convicted of felony murder with special circumstances, and automatically sentenced to life without parole (LWOP). In prison, he ended his gang affiliation and mentored others to do the same, earned a GED and associate degree, embraced his faith, and has been an active father to his three children. “I understand that at the end of the day someone lost their life,” Mendoza says. “Our plan that night wasn’t to kill anyone. I can’t take it back. But I also feel that it was a huge injustice to not be given an attempt at freedom.” Murder typically refers to an intentional killing. But “felony murder” laws hold people like Mendoza liable for murder if they participated in a felony, such as a robbery, that resulted in someone’s death. These laws impose sentences associated with murder on people who neither intended to kill nor anticipated a death, and even on those who did not participate in the killing. As such, they violate the principle of proportional sentencing, which is supposed to punish crimes based on their severity. These excessively punitive outcomes violate widely shared perceptions of justice. With one in seven people in U.S. prisons serving a life sentence, ending mass incarceration requires bold action to reduce extreme prison terms such as those prescribed for felony murder. These laws run counter to public safety, fiscal responsibility, and justice. Although other countries have largely rejected the felony murder doctrine, 48 states, the District of Columbia, and the federal government still use these laws. The only two states that do not have felony murder laws are Hawaii and Kentucky. Seven other states require some proof of intentionality regarding the killing to consider it murder, though the use of a gun—or mere knowledge of a co-defendant’s gun use—satisfies this requirement in some jurisdictions. In any case, all felony murder laws use the underlying felony to either a) treat as murder a killing that would not have otherwise been considered murder, or b) increase the gradation of murder, such as from second to first degree.

Washington, DC: The Sentencing Project, 2022. 36p.

By Nils Christie

Inflicting pain is a serious matter, often at variance with cherished values such as kindness and forgiveness. Attempts might therefore be made to hide the basic character of the activity, or to give various "scientific" reasons for inflicting pain. Such attempts are systematically described in this book, and related to social conditions. None of these attempts to cope with pain seem to be quite satisfactory. It is as if societies in their struggle with penal theories oscillate between attempts to solve an insoluble dilemma. Punishment is used less in some systems than in others. On the basis of examples from systems where pain is rarely inflicted, some general conditions for a low level of pain infliction are formulated. The standpoint is that if pain is to be applied, this should be done without a manipulative purpose and in a social form resembling that which is normal when people are in deep sorrow. Most of the material is from Scandinavia, but the book draws extensively on the crime control debate in the United Kingdom and USA.

Oxford. Martin Robertson. 1982. 117p.

By Theodor Reik

"What is the origin of the sense of collective guilt that plagues Western man? What is the crime for which man suffers an need for punishment? Dr. Theodor Reik, one of the world's leading psychoanalysts, became absorbed in this problem from many discussions with Freud. Over the years he has examined what he considers the basic myth of our civilization: the story of Adam's Fall culminating in the Passion of Christ. With the suspense of a detective story, he untangles the myth in its many expressions, tracing clues in the Bible, using the findings of psychologists and anthropologists as explanatory evidence for a startling conclusion: Man's crime, committed in prehistory, lingering in his motives and haunting him with inevitable remorse, is the sin of pride, of hybris: the killing of God, the ambition to be God.

MYTH AND GUILT opens new and suggestive avenues for understanding the religious and social motives of man and their expression in the human community."

NY. Grosset & Dunlap. 1970. 434p.

Cesare Beccaria. Translation, Introduction and annotations by Graeme R. Newman and Pietro Marongiu.

Cesare Beccaria's influential treatise On Crimes and Punishments is considered a foundational work in the field of criminology. Three major themes of the Enlightenment run through the treatise: the idea that the social contract forms the moral and political basis of the work's reformist zeal; the idea that science supports a dispassionate and reasoned appeal for reforms; and the belief that progress is inextricably bound to science. All three provide the foundation for accepting Beccaria's proposals.

It is virtually impossible to ascertain which of several versions of the treatise that appeared during his lifetime best reflected Beccaria's thoughts. His use of many Enlightenment ideas also makes it difficult to interpret what he has written. While Enlightenment thinkers advocated free men and free minds, there was considerable disagreement as to how this might be achieved, except in the most general terms.

The editors have based this translation on the 1984 Francioni text, the most exhaustive critical Italian edition of Dei delitti e delle pene. This edition is the last that Beccaria personally oversaw and revised. This translation includes an outstanding opening essay by the editors and is a welcome introduction to Beccaria and the beginnings of criminology.

New Brunswick. Transaction. 2016. 191p.

By Jake Phillips and Rebecca Roberts

In 2018/19, ten people died each week following release from prison. Every two days, someone took their own life. In the same year, one woman died every week, and half of these deaths were self-inflicted. 

This report, co-authored by Dr Jake Phillips of Sheffield Hallam University and Rebecca Roberts of INQUEST provides an overview of what is known about the deaths of people on post custody supervision following release from prison. It highlights the lack of visibility and policy attention given to this growing problem and calls for immediate action to ensure greater scrutiny, learning and prevention.

London: INQUEST, 2019. 17p.

By Caitlyn Norman

Prisoners have significantly greater levels of drug use than the general population, which is related to many adverse outcomes both during and post-imprisonment. Reducing the availability of drugs in prison can lead to a reduction in the drug use of prisoners but requires knowledge of the different drug smuggling routes and the implementation of effective security measures. The main smuggling routes identified in the literature are through visitors; mail; prisoners on reception, remand, or work release; staff; and perimeter throwovers, but they differ between prisons depending on various contextual factors and security measures in place. Based on a total of 81 studies from 22 different countries, the average prevalence of drug use during incarceration is 32.0% with a range from 3.4% to 90%. The types of drugs used in prisons vary among geographical regions, countries, and even regions within countries. The most common drug reported to be used by prisoners in most studies was cannabis, except in South Asia and Scotland, where heroin was more prevalent. The drugs used in prison tend to reflect the prevalence of drugs in the local community, except where a drug has advantages unique to use in prison. It is vital to examine the prevalence of drug use and different types of drugs used during incarceration to help inform drug treatment services, assist prison staff in identifying potential drug use or intoxicated prisoners, and advise prisons about the most prevalent drug smuggling routes so new security measures can be considered.

WIREs Forensic Science, e1473. 

Edited by Arthur L. Stinchcombe, Rebecca Adams, Carol A. Heimer, Kim Lane Scheppele, and Tom W. Smith
D. Garth Taylor.

From the cover: In the past thirty-five years, Americans have become more fearful of crime and more punitive toward criminals—at least in the sense of being more favorable toward capital punishment and other harsh penal­ties. But at the same time they have become more tolerant regarding a whole series of social and civil liberties issues generally associated with a more humane attitude toward criminals. This new book analyzes survey data collected over the years, especi­ally from the Gallup polls and the National Opinion Research Center’s General Social Surveys, in order to explore various aspects of these contradictory developments. The authors consider the hypothesis that rising crime rates cause increased fear of crime and that this in turn causes people to become more punitive. They find that exposure to high crime rates does cause in­creased fear but that fearful people are only slightly more punitive than other people. Furthermore, white people who live in high crime areas are no more punitive than peo­ple living in safer areas, and black people (who tend to live in high crime areas) are less punitive than people living in safer areas. To determine why the liberalization of public opinion on issues of race and civil liberties has not led to more tolerant atti­tudes on questions of crime and punish­ment, the authors examine in detail the relationship between general liberalism in regard to racial or civil liberties and more humane attitudes toward criminals. They also consider why increased fear of crime has not led to increased support for gun registration. This study breaks new ground by using recent innovations in the techniques of sur­vey analysis to study trends in public opin­ion and to analyze the causes of those trends. It thus represents a contribution to the lit­erature on subjective social indicators as well as a model for further explorations of the reasons for change in public opinion over time.

San Francisco, Josses-Bass Inc. Publishers. 1980. 168p.