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PUNISHMENT

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Posts tagged punishment
Attitudes towards corporal punishment and reporting of abuse

By: Emanuel Tirosh, Shlomit Offer Shechter, Ayala Cohen, and Michael Jaffe

Objectives: To assess physicians’ attitudes towards corporal punishment in childhood and their subsequent actions regarding the reporting of child abuse.

Participants: 107 physicians (95 pediatricians and 12 family practitioners) who work in hospitals and community clinics in northern Israel were interviewed. Of the participants, 16% were new immigrants.

Procedure: A structured interview was conducted by one of two pediatric residents.

Results: Attitudes towards corporal punishment were not influenced by the physicians’ sex or specialty. Corporal punishment was approved by 58% of the physicians. A significant difference in attitudes towards corporal punishment between immigrants and Israeli-born physicians was found (p = .004). Family practitioners and especially senior ones were found significantly less tolerant towards corporal punishment than pediatricians (p = .04). While reporting behavior was not found to be associated with parental status and the past experience of the physicians with child abuse, a significant effect of attitudes towards corporal punishment on reporting behavior was found (p = .01).

Conclusions: (1) Corporal punishment is still perceived as an acceptable disciplinary act by a significant proportion of physicians responsible for the health care of children in our area. (2) Attitudes towards corporal punishment are different between immigrants and native-born Israeli-trained doctors and, unexpectedly, pediatricians were more tolerant of corporal punishment than family practitioners.

Child Abuse & Neglect 27 (2003) 929–937

A Study on Syariah Whipping as Punishment for Drug Dependents in Malaysia

By: Yuhanza Othman, Ida Rahayu, and Ekmil Krisnawati Erlen Joni

The government has introduced various programmes to rehabilitate and give treatment to drug dependent. However, statistic from Agensi Anti Dadah Kebangsaan (AADK) has shown that a number of drug dependents have increased annually. It is high time for the government to review and enhance the punishment for drug dependents. The Drug Dependants (Treatment and Rehabilitation) Act 1983 is silent on imposing punishment on a first offender. Therefore, this paper will examine on imposing whipping as punishment for drug dependent as provided by Syariah law. Adopting the application of qiyas, the rule and punishment of drinking liquor which is stated in the Qur’an (5:90) and the hadith is extended to consuming drugs. This paper seeks to discuss alternative methods to deter the public from drug abuse and at the same time to decrease the government expenditure in providing rehabilitation programmes and services for drug dependents.

Islamic perspectives relating to business, arts, culture and communication, January 2015

PUNISHMENT, PUPILS, AND SCHOOL RULES

By: John Tillson and Winston C. Thompson

In this chapter we analyze general views on punishment in order to consider what behavioural requirements schools may establish for students and which (if any) they may enforce through punishment, during compulsory education. Punishment, as we use the word, is the intentional imposition of burdensome treatment on someone – usually on the rule breaker – for having broken a rule, partly because the treatment is burdensome. By carefully analyzing various aspects of punishment, we aim to identify principles that should guide and constrain which behaviours schools punish, and how and why they punish them. In brief, we develop the following principles regarding legitimate requirements that can be made of students and the ways punishment may be used to enforce them. Before children are autonomous, schools may establish both paternalistic, and other-regarding requirements, but not requirements imposed from within comprehensive conceptions of the good. They may punish children in order to ensure a fair distribution of the burdens and benefits of social arrangements. Schools may punish children for paternalistic reasons, including developmental reasons, but not for reasons of general deterrence. When children become autonomous, compulsory schooling may establish only other-regarding requirements of student conduct. They may punish to ensure a fair distribution of the burdens or benefits of social arrangements; this includes punishing for reasons of general deterrence, due to children’s responsible choices enhancing their liability, as well as for other-regarding developmental reasons.

We acknowledge that more or less detail may be given for operationalizing and implementing these principles. Given the generality of our task, we offer limited detail in this regard. A yet more comprehensive account would explain by what authority schools may make and enforce requirements, and to what extent (if any) students or parents should have a role in the deciding requirements. For our present purposes, we highlight that however this authority is distributed, there are better or worse decisions that can be made. In this chapter, we seek only to guide the content of these decisions through identifying appropriate goals for and constraints on school discipline.

Pedagogies of Punishment The Ethics of Discipline in Education, Bloomsbury

Therapeutic or Therapunitive? Conceptualising Community Custody in Scotland

By: Lisa Mary Armstrong and Margaret Malloch

In June 2011, the Commission on Women Offenders was set up to explore ways to improve the justice system in Scotland. The Commission’s report made a broad range of recommendations echoing those of the Corston Review (2017) but for the most part have remained aspirational. In Scotland, change has been painfully slow with many women imprisoned on short term sentences and remand rates having spiralled during the pandemic. One of the recommendations to come out of the Commission’s report led to the building of two Community Custodial Units (CCUs). The units were designed to take into consideration the high rate of trauma and adversities that formed the experience of many women in prison. Consequently, the discourse of trauma-informed and gender-specific approaches to punishment has been pronounced. This chapter considers the aims and objectives of the restructuring of the women’s prison estate and the emphasis that it gives to conjoining ‘community’ and ‘custody’ in the operation of the two new units that are presented as the innovative pulse of the new Strategy for Women in Custody. We are interested in exploring the extent to which the prison is the most effective space for this attempt at community integration, in contrast to a distinct community resource. While acknowledging the recent introduction of the CCUs, we do not attempt to provide an evaluation of them, but rather to engage with the principles and ethos which underpin their conceptualisation.

Geographies of Gendered Punishment, Palgrave Studies in Prisons and Penology

A Review of Contemporary Perspectives on Design for Crime and Punishment: A Synthesis and Discourse on the Future of Carceral Facilities.

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.

AFTER-CONDUCT OF DISCHARGED OFFENDERS

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By Sheldon Glueck And Eleanor T. Glueck

The book provides a comprehensive analysis of the after-conduct of discharged offenders, focusing on the implications for reforming criminal justice:

● Causal Relations: It emphasizes the importance of understanding the multiple causal factors, both biological and environmental, that influence criminal behavior.

● Predictive Techniques: The document discusses the feasibility of using predictive tables to aid in sentencing and parole decisions.

● Reform Proposals: It suggests reforms for criminal justice based on scientific insights, such as re-designing correctional equipment to address causes rather than symptoms.

● Scientific Insights: Follow-up studies are highlighted as a means to gain scientific insights into the effectiveness of sentencing, treatment, and parole practices.

These key insights aim to shift the focus from punitive measures to a more rehabilitative approach that considers the complex interplay of factors contributing to criminal behavior.

Cambridge University. London 1945. Kraus Reprint Corporation New York 1966. 129p.

Louisiana on Lockdown: A Report on the Use of Solitary Confinement in Louisiana State Prisons, With Testimony from the People Who Live It

By Solitary Watch, American Civil Liberties Union of Louisiana; Jesuit Social Research Institute/Loyola University New Orleans

The use of solitary confinement in the state of Louisiana has penetrated the broader public consciousness largely through the story of the Angola 3. Over the past decade, the harrowing saga of three African American men—all likely innocent of the prison murders that were used to justify confining them in solitary for up to 43 years—sparked media attention and public outcry as the ultimate expression of harsh, racist, Southern injustice. But there is another story to be told about solitary confinement in Louisiana. Like the story of the Angola 3, it is deeply rooted in the history of racial subjugation and captivity in the South, which begins with slavery and stretches through convict leasing and Jim Crow to the modern era of mass incarceration. However, it extends far beyond the lives of just three men. This is the story of a prison system where, on any given day, nearly one in five people is being held in isolation, placed there by prison staff, often for minor rule violations or “administrative” reasons. When it conducted a full count in the fall of 2017, the Louisiana Department of Public Safety and Corrections (LADOC) reported that 19 percent of the men in its state prisons—2,709 in all—had been in solitary confinement for more than two weeks. Many had been there for years or even decades. The Vera Institute of Justice, which released its own report on solitary confinement in Louisiana earlier this year, similarly found over 17 percent of the state’s prison population in solitary in 2016. These rates of solitary confinement use were more than double the next highest state’s, and approximately four times the national average. Given that Louisiana also has the second highest incarceration rate in the United States, which leads the world in both incarceration and solitary confinement use, it is clear that Louisiana holds the title of solitary confinement capital of the world. The state has this dishonorable distinction at a time when a growing body of evidence offers proof of the devastating psychological and social harms caused by prolonged solitary confinement, as well as its ineffectiveness as a tool to reduce prison violence. In 2015, when it revised its Standard Minimum Rules for the Treatment of Prisoners (known as the Mandela Rules), the United Nations acknowledged that solitary confinement of 15 days or more is cruel, inhumane, and degrading treatment that often rises to the level of torture. Taken together, these facts indicate that the state of Louisiana is abusing and at times torturing thousands of its citizens for no legitimate purpose whatsoever. The numbers, however, still tell only part of the story. Just as Albert Woodfox’s memoir "Solitary" powerfully conveys what it is like to live for decades in conditions that are designed “to break people,” the words of individuals living in solitary confinement are vital to understanding the reality of what is happening today in Louisiana’s prisons. For this report, we collected information directly from those men and women. The bulk of the report is based on detailed responses from more than 700 lengthy surveys completed by individuals in solitary, whose names and identifying information have been changed to protect their safety and privacy. Their descriptions paint a grim picture of long stretches of time spent in small cells that are often windowless, filthy, and/or subject to extreme temperatures, where they are denied basic human needs such as adequate food and daily exercise, and subject to many forms of abuse as well as to unending idleness and loneliness, resulting in physical and mental deterioration. Since surveys were returned voluntarily, the results cannot be viewed as a comprehensive or representative sampling. Yet with more than 700 responses from all nine of the state’s prisons, which provided personal narratives as well as quantitative data,8 we believe our report complements, builds upon, and adds an even greater sense of urgency to previous recommendations for reform of solitary confinement in Louisiana, including those included in the recent report by the Vera Institute of Justice. At a moment when LADOC has, for the first time, shown willingness to reconsider and reduce its use of solitary confinement, the findings in this report offer vital insights—and illuminate a path toward the sweeping changes that must be made if Louisiana is to create a prison system that succeeds in both advancing public safety and preserving the human rights of incarcerated people. Major findings from this report include the following: • More than 77 percent of respondents said they had been held in solitary confinement for more than a year, and 30 percent said they had been in solitary for more than five years. LADOC has not collected data on duration of time in solitary. Nationally, less than 20 percent of individuals in solitary, on average, have been there for more than one year. The United Nations has called on countries to ban the use of solitary beyond two weeks. • Just over 56 percent of respondents were in Extended Lockdown, which is generally used as punishment for prison rule violations, and which has no maximum duration. This type of segregation violates UN prohibitions on both using isolation for punishment (as opposed to safety) and using it for indefinite periods. • African Americans were over-represented among respondents. This racial disparity is consistent with the Vera Institute’s report, which also found higher percentages of African Americans and lower percentages of whites in solitary than in the general prison population. • More than half of respondents believed their mental health had worsened during their time in solitary. Most others said it had stayed the same or weren’t sure. • Many described psychological problems consistent with research on the negative mental health effects of prolonged solitary confinement. These include anxiety, panic attacks, depression, hopelessness, sensitivity to light and sound, visual and auditory hallucinations, rage, paranoia, and difficulty interacting with others. Some expressed fear that the damage would be permanent, and they would “never be the same again.” • More than one-quarter of respondents reported engaging in self-harm, including cutting and head-banging, while in solitary, while less than 6 percent said they had done so while in general population. More than 66 percent said that they had witnessed others attempting to harm themselves frequently while in solitary. Of those who had harmed themselves, 4 percent said they received counseling in response, while more than 26 percent said they were punished for it. etc.....

New Orleans: Solitary Watch American Civil Liberties Union of Louisiana Jesuit Social Research Institute/Loyola University New Orleans. 2019. 135p.

Long-Term Sentencing Trends in Victoria

By Paul McGorrery and Zsombor Bathy

This report reviews 20 years of data in our Sentencing Snapshots to identify changes in sentencing practices in the higher courts for a select number of offences:

  • murder, manslaughter and culpable driving causing death

  • various cause injury offences

  • drug trafficking and cultivation offences

  • rape, incest and a number of child sex offences.

It outlines offender numbers, imprisonment rates, imprisonment lengths and non-parole periods for each offence.

Melbourne: Sentencing Advisory Council (VIC), 2022. 24p.

Reforming sentence deferrals in Victoria: final report

By Felicity Stewart, Paul McGorrery

Deferring (or postponing) sentencing for a short time, up to 12 months, is one of the ways that courts can achieve the various purposes of sentencing in Victoria (for example, community protection and rehabilitation) and ensure that judicial officers have all the information they need in deciding an appropriate sentence in a case.

Introduced in the adult criminal jurisdiction in 2002, sentence deferral has evolved into a vital, but potentially under-utilised, part of the Victorian sentencing landscape. Over the last two years, those who work in the criminal justice system have told us that sentence deferral can be a highly effective therapeutic tool. Sentence deferral can support complex and vulnerable offenders in their rehabilitation and can protect the community in the long-term by allowing offenders to participate in programs that reduce their risk of reoffending. In some cases, a person’s progress during the deferral period can make the difference between receiving a prison sentence and receiving a community order.

In this report, the Victorian Sentencing Advisory Council makes 10 recommendations for reform that have been informed by their research, data analysis and consultation. In developing these recommendations, they were mindful not to ‘fix what isn’t broken’, in particular, not to disrupt the aspects of sentence deferral that make it work well, especially its flexibility and lack of formality. The Council has only made recommendations where there was strong evidence for change.

Melbourne: The Sentencing Advisory Council, 2024. 115p.

How Punishment Affects Crime: An Integrated Understanding of the Behavioral Mechanisms of Punishment

By Benjamin van Rooij, Malouke Esra Kuiper, and Alexis Piquero

Legal punishment, at least in part, serves a behavioral function to reduce and prevent offending behavior. The present paper offers an integrated review of the diverse mechanisms through which punishment may affect such behavior. It moves beyond a legal view that focuses on just three such mechanisms (deterrence, incapacitation, and rehabilitation), to also include other socializing, delegitimizing, compliance obstructing, and offence adapting mechanisms in how punishment may influence offending. The paper assesses the quality of existing empirical knowledge about the different effects of punishment and the conditions under which these effects exist. It concludes that punishment has at least thirteen different influences on crime prevention, five positive and eight negative. It shows that such effects are conditional, depending on the offender, offence, punishment, and jurisdiction. Furthermore, it shows that the effects vary in their directness, proximity, onset and longevity. It concludes that our current empirical understanding does not match the complex reality of how punishment comes to shape crime. In light of this, the paper develops a research agenda on the integrated effects of punishment moving beyond limited causal mechanisms to embrace the fuller complexity of how sanctions shape human conduct by adopting a complexity science approach.

UC Irvine School of Law Research Paper Forthcoming.Amsterdam Law School Research Paper No. 2024-13. Center for Law & Behavior Research Paper No. 2024-01

The Thirteenth Amendment’s Punishment Clause: A Spectacle of Slavery Unwilling to Die

By Michele Goodwin

 Nearly sixty years ago, Dr. King penned the illuminating Letter from a Birmingham Jail, marking the persistence of criminal punishment in the lives Black Americans seeking inclusion, equality, and freedom. Symbolically, his confinement both foreshadowed the strange and troubling role incarceration would play in the lives of Black Americans generations to come and illustrated the connective fabric of slavery to his present conditions. The profundity of the letter cannot be ignored, nor the space from which Dr. King wrote it—incarcerated after peacefully protesting to advance civil rights for Black Americans. Decades later, many of the concerns undergirding the impetus for Dr. King’s powerful missive, including voter suppression, persist. Similarly, equality in education remains an unanswered goal and incomplete vision for the civil rights movement. In fact, the modern challenge no longer demands inclusion and desegregation alone—the urgent objectives undergirding  Brown v. Board of Education —but rather sparing Black children from unequal surveillance, punishments, and the “school to prison” pipeline. Yet, equality in voting and education—as crucial as they are—did not comprise nor define the full vision for the civil rights movement or emancipation from enslavement for that matter. The path to substantive civil liberties and civil rights—and freedom in a meaningful sense—included dismantling discrimination in housing, employment, healthcare, food access, and criminal justice forged by lawmakers. 

Boston: Harvard Civil Rights-Civil Liberties Law Review, 2022. 68p.

THE PRISON: POLICY AND PRACTICE

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BY Gordon Hawkins

The Prison: Policy and Practice delves into the intricate world of correctional facilities, offering a comprehensive overview of the policies governing them and the practices implemented within their walls. This book provides readers with a deep exploration of the evolution of prison systems, the impact of various policies on inmates and staff, and the challenges faced by modern correctional institutions. By examining the intersection of policy and practice, this insightful work sheds light on the complexities of the prison environment and the ongoing debates surrounding criminal justice reform. An essential read for scholars, policymakers, and anyone interested in understanding the role of prisons in contemporary society.

Chicago. University of Chicago Press. 1976. 228p.

SENTENCING

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EDITED BY Hyman Gross and Andrew von Hirsch

Sentencing, edited by Hyman Gross and Andrew von Hirsch, is a comprehensive collection of essays exploring various aspects of sentencing practices. This edited volume delves into the complexities of sentencing theory, policy, and reform, offering diverse perspectives from leading experts in the field. Whether you are a legal scholar, practitioner, or student, this book provides valuable insights into the challenges and debates surrounding sentencing in modern criminal justice systems.

New York / Oxford OXFORD UNIVERSITY PRESS. 1981. 401p.

Punishment and Deterrence

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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

The Punishment of Crime in Colonial New York: The Dutch Experience in Albany During the Seventeenth Century

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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.

Punishing Criminals; Concerning an Old and Painful Question

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By Ernest van den Haag

In the realm of criminal justice, the age-old debate surrounding punishment and its justifications continues to spark intellectual discourse. Examining the perspective famously articulated by Ernest van den Haag brings to light the complexities inherent in the concept of punishing criminals. Van den Haag's stance, advocating for the retributive nature of punishment as a means to uphold societal values and deter wrongdoing, remains a thought-provoking cornerstone in the field.

Delving into the intricacies of this enduring question sheds light on the multifaceted considerations at play when contemplating the appropriate response to criminal acts. As society grapples with the delicate balance between justice, rehabilitation, and retribution, the legacy of van den Haag's insights serves as a poignant reminder of the moral and ethical dilemmas woven into the fabric of punitive measures.

In a landscape where the dynamics of crime and punishment evolve alongside societal norms and values, the exploration of van den Haag's perspective offers a compelling starting point for engaging with the profound complexities inherent in addressing criminal behavior. Ultimately, the discourse surrounding punishing criminals remains a poignant reflection of humanity's ongoing quest for a fair and just society.

NY. Basic Books. 1975. 293p.

Philosophical Perspectives on Punishment. Second Edition

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Edited by Gertrude Ezorsky

Delve into the intricate world of punishment through a philosophical lens with the updated second edition of "Philosophical Perspectives on Punishment." This thought-provoking book offers a comprehensive exploration of the moral, ethical, and societal implications of punishment, inviting readers to reflect on the complex nature of justice and retribution. From ancient philosophical theories to modern-day perspectives, this edition delves into the evolving discourse surrounding punishment in a changing world. Whether you are a scholar, student, or simply a curious mind, this book provides a nuanced understanding of punishment through the philosophical perspectives that shape our conceptions of right and wrong.

NY. SUNY Press. 2015. 446p.

JOURNEY FROM THE GALLOWS: Historical Evolution of the Penal Philosophies and Practices in the Nation's Capital Mary Hostetler Oake

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By Mary Hostetler Oakey. Edited by Belinda Swanson

In this insightful book, Mary Hostetler Oake delves into the historical evolution of penal philosophies and practices in the nation's capital. From the early days of the gallows to the modern approaches to criminal justice, Oake provides a comprehensive look at how attitudes towards punishment have changed over time. Drawing on meticulous research and engaging writing, JOURNEY FROM THE GALLOWS offers a thought-provoking exploration of a topic that continues to shape our society today.

University Press of America. ND. 387p.

THE GUILLOTINE AND THE TERROR:

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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

Crisis and Reform: Current Issues in American Punishment

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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