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PUNISHMENT

Posts tagged deterence
A New Paradigm for Sentencing in the United States

By Marta Nelson, Samuel Feineh and Maris Mapolski

One hundred years from now, we may look back at the United States’s overreliance on punishment and its progeny—mass incarceration—with the kind of abhorrence that we now hold for internment camps for Japanese Americans and Jim Crow laws. Or, if we never curb our reliance on jails and prisons for public safety, we may be in the same place then as we are today….This report posits that maintaining our system of mass incarceration will not bring people in the United States the safety and justice they deserve, while dismantling it in favor of a narrowly tailored sentencing response to unlawful behavior can produce more safety, repair harm, and reduce incarceration by close to 80 percent, according to modeling on the federal system. In this report, the Vera Institute of Justice (Vera) addresses a main driver of mass incarceration: our sentencing system, or what happens to people after they have gone through the criminal legal system and are convicted of a crime

New York: Vera Institute of Justice, 2023. 81p.

Punishment: A Philosophical and Criminological Inquiry

By Philip Bean

From the Preface: In 1976 I wrote Rehabilitation and Deviance as an intended polemic against the then prevailing view that rehabilitation was the only acceptable and humanitarian means of dealing with offenders. It brought forth from those who supported rehabilitation a considerable amount of hostility but no real debate. It was almost as if rehabilitation had become a belief system which was open to challenge only from the non-believers. However, in the last f o u ryears the subject matter has movedon a great deal, and it seems now as if the time is right to produce a less polemical and wider view of the issues involved in punishment. What follows therefore i san attempt to examine the major arguments relating to punishment, to show how those arguments relate to justice, and to show how a penal system would operate if any of those argumentsdominated. There is also a concluding chapter on the punishment of children - an area neglected by traditional forms of philosophical inquiry but now assuming increasing importance. The book is written mainly from a philosophical standpoint, for ti seemed to me that criminology must draw on its philosophical foundations fi ti is to continue its development. It also seemed as fi the argument about punishment was a moral one requiring constant justification.

London. Oxford. 1981. 222p. CONTAINS MARK-UP

Deterrence:The Legal Threat in Crime Control

By Franklin E. Zimring and Gordon .J Hawkins

From the Foreword: “Deterring future misconduct is probably the principal aim of criminal sanctions. Yet decisions are made by legislators, sentencing judges, and parole boards with virtually no knowledge and little analysis about the future effects which their actions will have. The authors have taken an important step in beginning to fil this gap. Their book is an authoritative and stimulating analysis of deterrence in criminal law.”

Chicago. The University Of Chicago Press. 1973. 385p.

The Reformers: An Historical Survey of Pioneer Experiments in the Treatment of Criminals

By Torsten Eriksson

Translated from the original Swedish text by Catherine Djurklou. From the cover: Torsten Eriksson traces the history of reform experiments in criminal treatment in Europe and the United States from the sixteenth century to the present day. Experiments with separate and solitary confinements, self-government in institutions, and modern methods of treatment in psychiatric and psychological institutions are among the topics covered in Eriksson's d scription of the achievements and failures of pioneer reformers. The Reformers recounts ideas conceived, expressed, and executed throughout history which parallel our thoughts today, lending perspective to present-day attempts at prison reform. It is the first book of its kind that concentrates entirely on the develop- ment of treatment methods for criminals. This unique and scholarly volume should be essential reading for al those who take a serious interest in the treatment of offenders.

NY. Elsevier. 1976. 320p.

Hard Time: Understanding and Reforming the Prison. 3rd. ed.

By Robert Johnson

From the Preface: Hard Time is a book about prisons.The focus is on men, but core concerns of women are considered as well. The book explores what I believe are basic human dimensions of prison life and adjustment, and closes with an inclusive, person-centered vision of prison reform. Firsthand testimony and observations drawn from people who live or work in prisons are highlighted and specially marked with black squares (H) throughout the book. Most of the people we send to prison are men, roughly 94 percent. Most prisoners serve time in prisons that are, as living environments if not in terms of strict classification criteria, maximum-security institutions.1 The maximum- security prison for men has served as the explicit or implicit model—the point of departure if not the template—for virtually all men’s prisons and many women's prisons as well. Life in these prisons is depriving and painful. On that score at least, prisons vary in degree, not kind. The inhabitants of every prison serve hard time. Nothing can change this basic and enduring fact. That hard time can also be constructive time is, in my view, the key to understanding and reforming the prison.

Belmont, CA. Wadsworth/Thomson Learning.2001. 356p.

Contemporary Punishment: Views, Explanations, And Justifications

Edited by Rudolph J. Gerber and Patrick D. McAnany, editors. Foreword by Norval Morris

From the cover: Contemporary Punishment provides a comprehensive and thoughtful overview of the criminal justice system. The authors present the various arguments for the justification of punishment and in the concluding section attempt to reconcile the discrepancies among the competing views. When the question is asked why society punishes criminals, the answer touches the foundations of our political, social and moral life. We have spent centuries dis­cussing how the coercive power of society will be applied to those who break the rules. As Max Weber has said; "It is a fact that most 'fundamental' questions are often left unregulated by law even in legal orders which are otherwise thor­oughly rationalized." This implies that each generation must wrestle with the problem and fashion an answer which satisfies its sense of justice.

London. University of Notre Dame Press. 1972. 263p.