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PUNISHMENT

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Penal Philosophy

By Gabriel Tarde. Translated by Rapelje Howell

From the Introduction by Piers Beirne. ”…. Tarde's interventions in criminology are among the most elusive in the discipline. One among several reasons for this is that he was an insular and often bitter antagonist who cultivated neither the allies nor the disciples required of a systematic intellectual legacy. Indeed, almost to the end of his life, Tarde was unique among French academics in that, despising the intellectual domination of the metropolis, he had no secure position within the all-powerful French university system. Tarde's self-imposed isolation has doubtless contributed to the unfortunate fact that his many intellectual, political, and organizational interventions in the formative years of criminology tend nowadays to be relegated to the status of little more than a footnote in intellectual history….”

New Brunswick. Transaction. 2001. 606p. CONTAINS MARK-UP

Albion's Fatal Tree: Crime and Society in Eighteenth-Century England

By Douglas Hay, Peter Linebaugh, John G. Rule, E. P. Thompson and Cal Winslow

From one point of view eighteenth-century England, with its settled aristocracy and gentry, its polite arts and culture, its urbane politics of interest and influence, appears as a stable, self-assured civilization. Historians have often described it as such. From another point of view it appears very differently. Year after year new capital offenses were enacted. In the heart of London great crowds asembled at hte regular publichang- ing days, and there were riots beneath the gallows at Tyburn for the possession of the bodies of the condemned. Highwaymen beset the roads of London. Large parties of armed smugglers invested parts of the coast. The estate papers of the great some- times reveal that they were more concerned about wholesale poaching on their lands than they were about rentals or crops.

This book explores these contrasts: a settled ruling class which could only rule through forms of judicial terror; a popu- lace deferential by day but deeply insubordinate by night; a class justice which defended property through the fair form of law. Instead of general description, the authors offer a number of detailed studies. An important introductory chapter discloses the way in which the law replaced religion at the center of the ideology of England's rulers, and analyzes the astonishing adaptability of the legal system to the same pressures of ni- fluence, interest, and property which dominated political life.

NY. Pantheon. 1975. 357p. CONTAINS MARK-UP

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

Studying the System of Monetary Sanctions


By Alexes Harris, Mary Pattillo, Bryan L. Sykes

Monetary sanctions, also known as legal financial obligations (LFOs), are a highly consequential yet underexplored element of the criminal legal system. LFOs consist of fines, fees, costs, restitution, surcharges, and other financial penalties that are imposed on individuals when they encounter the criminal legal system. This contact can occur via traffic citation, or misdemeanor, juvenile, and felony conviction. Although indistinguishable for the people who are required to pay them, monetary sanctions are variably understood as punishments prescribed by state statutes and local codes, restitution for victims of crime, user fees to recoup system expenses or pay for services rendered, and additional charges for failure to pay. Most monetary sanctions are sentenced on conviction or citation, but some pretrial costs—such as jail booking fees, electronic monitoring, or public defender services in the absence of a conviction—can be passed on to defendants as well.1 These fines and fees are experienced as bills and debts for those on whom they are imposed and as revenue sources for the courts, agencies, jurisdictions, and states that collect them. Although the practice of imposing fines and fees on convicted persons has existed in law since the Magna Carta in 1215, research shows that the prevalence and amounts of monetary sanctions have grown over the last five decades across federal, state, and local governments.

The Russell Sage Foundation Journal of the Social Sciences January 2022, 8 (1) 1-33

Fines, Fees, Race, and Socioeconomic Disadvantage

By Joshua D. Houy

Fines and fees for legal violations finance American criminal justice systems but often at a severe cost to those incurring fines and fees. While fines and fees are a long-standing feature of the United States criminal justice system, the use of fines and fees recently captured attention of scholars in the wake of questions prompted by recent social, political, and legal developments. The central question is: What, if any, association is there between race, socioeconomic disadvantage, and county fine and fee issuance? The main hypothesis is: Fine and fee issuance of the most populous counties positively and significantly associate with race and socioeconomic disadvantage. To test this hypothesis, census data and multivariate regressions are exploited to examine associations between county fine and fee issuance, race, and socioeconomic disadvantage. Conflict-oriented theory serves to rationalize findings. A conflict theorist would expect areas with comparatively low socioeconomic status and high concentrations of certain minorities to fine relatively heavily. The findings from this study indicate confirmation that counties with a higher percentage of Black residents issue more fines and fees on a per capita basis than counties with a lower percentage of Black residents. Yet, the findings from this study fall short of indicating counties with comparatively low socioeconomic status are more likely to issue fines and fees.  

Vermillion, SD: University of South Dakota, 2022. 134p.

Prisoners in Prison Societies

By Ulla V. Bondeson

From the cover: “Prisoners in Prison Societies is a study of criminal career patternsover time, demonstrating specifically how and in what ways imprisonment has a positive correlation with later recidivism. The book combines original research and a ten-year follow-up study of Swedish inmates, surveying their attitudes o neverything from political ide- ology to prison reform. The work is m u c h more than a survey of prisoner attitudes, however; it includes official statements and administrative staff assessments at the in- stitutions examined. As a result, it is many sided and avoidsthe usual specialpleading of criminological writings. Among its unique features, Prisoners in Prison Societies analyzes thirteen correctional institutions, ranging from training schools to youth and adult prisons as well as a preventive detention facility.”

New Brunswick. Transaction Publishers . 1989. 364p. CONTAINS MARK-UP

The BURNING of the VANITIES SAVONAROLA AND THE BORGIA POPE

By Desmond Seward

From the Preface: “In the priory of San Marco at Florence there is a painting by an unknown artist of an execution ni the city's Piazza della Signoria. Dating from about 1500, scarcely more than folk art, the painting has a disturbing quality that for me verges on the sinister reminiscent of the irrational fear felt when reading ghost stories. Clearly the work of an eyewitness, it tells a tale ni three parts. First, three figures in long white shirts kneel before a group of dignitaries; next, each figure flanked by men in black hoods, they are led down a timber platform to a gibbet in the middle ot the Piazza; finally, they hang in chains over a great fire - the executioners are bringing faggots to make the flames burn higher. Some of the spectators in the scene look on with fascination, others run away in dismay. Such a death in so beautiful a setting seems peculiarly cruel and unnatural; but it was this painting, supplizio del Savonarola, that made me want to know more.”

London. Sutton Publishing. 2006. 332p.

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.

Girolamo Savonarola

By E.L.S. Horsburgh

From the introduction: The life of Girolamo Savonarola was contained with-in the last fifty years of the fifteenth century (1452-98).. That is to say, he was exactly contemporary with a most brilliant, diversified and momentous epoch in the history of the world. He was himself very much the product of the influences which surrounded him, though in some respects he represented antagonism to them, and reaction against them. From whatever point of view he is to be regarded, it is essential first of all to understand something of the age in which he lived….

London. Methuen & Co. Ltd. 1911.

Virgin Martyrs: Legends of Sainthood in Late Medieval England

By Karen A. Winstead

From Amazon: Stories of the torture and execution of beautiful Christian women first appeared in late antiquity and proliferated during the early Middle Ages. A thousand years later, virgin martyrs were still the most popular female saints. Their legends, in countless retellings through the centuries, preserved a standard plot―the heroine resists a pagan suitor, endures cruelties inflicted by her rejected lover or outraged family, works miracles, and dies for Christ. That sequence was embellished by incidents emblematic of the specific saint: Juliana's battle with the devil, Barbara's immurement in the tower, Katherine's encounter with spiked wheels. Karen A. Winstead examines this seemingly static story form and discovers subtle shifts in the representation of the virgin martyrs, as their legends were adapted for changing audiences in late medieval England.

Ithaca. Cornell University Press. 1997. 209p.

Punishment

Edited by Richard H.Walters, J.Allencheyne And Robin K.Banks

From the cover: Progressive thought in education and childcare prefers to stress reward rather than punishment. Yet people do punish each other constantly in a multitude of subtle and sometimes not so subtle ways. What then are the occasions and effects of this persistent form of behaviour?

The work collected here explains the role of the concept in psychology and illuminates the cluster of ideas,acts and. emotions - fear, resistance, anxiety, masochism, self-criticism, obedience, socialization- that surrounds acts of punishment.

The editors move from laboratory to life and from theory to application throughout the book. 'This organization has led to a combination of both animal and human research and, when other considerations seemed about equal, to a preference for work at the human level.

Savonarola: His Life and Times

By Willam Clarke

From The Preface: The life and character of Savonarola Haw have been rightly supposed to present great difficulties in the historian.. From the day of his death – nay, morefrom the day of his power in Florence— up to our own times, opinions of the most diverse kind have been entertained…. The supporters of despotism, ecclesiastical and civil, have cherished a feeling of bitter enmity against the man who had such an ardent love of liberty; and they have joined the prophets of scepticism, who have had nothing but contempt and hatred for one who was so powerful a witness for religion and God. ..According to the sceptic style, he was a ridiculous and base imposter, who richly deserved the fate that befell him …

Chicago. A. C. MCCLURG & Co. I900. 342p.

The History of Persecution

By S. Chandler.

From the Preface by Charles Atmore.: This work comprises everything of importance connected with the dreadful persecutions which have disgraced human nature, both in ancient and modern times, both at home and abroad ; and is designed to prove that the things for which Christians have persecuted one another have generally been of small importance; that pride, ambition, and covetousness, have been the grand sourses of persecution; and that the religion of Jesus Christ absolutely condemns all persecution for conscience sake…..While this work was in the press, one of the most important events to Religious Liberty occurred, which has taken place the glorious area of The Revolution, in 1688 viz. the repeal of the Persecuting laws, and the passing of the New Toleration Act. This event is so closely connected with the subject matter of work, and reflects so much honour on the British government and nation that I feel highly gratified in affording the reader, a detail of the various steps which were taken to obtain that Act : which www effectually secures to every subject of the British Em.Empire all the Religious Liberty he can expect or desire. I willingly record this memorial, that we, and our children after us, may know how to appreciate our invaluable privileges ; and that the names of those nobleman and others who boldly stood forth in fthedefence and support of Religious Toleration, might be handed down to posterity, that “ our children may tell their children, and their children another generation.”

London. Longman Hirst et al. 1813.514p.

Persecution and Intolerance

By Mandell Creighton

From the introduction: ‘The existence of persecution in the Christian Church is a fact which is more frequently commented on than explained. Greater attention has been paid to the methods and extent of persecution than to the causes which produced it, or the causes which brought it to an end. It is indeed dificult to approach the subject in an impartial spirit. Those who write the history of any period of persecution tend either to exag- gerate or to apologise. On the one side, there is a desire to represent persecution as especially inherent in all religious systems, or it may be, as especially inherent in Christianity. On the other side, there is a tendency to plead the generally beneficent action of a particular form of religious organisation in relation to the world's progress as an extenuation of its particular misdoings. The history of persecution is a large subject…”

London. Longmans Green. 1906. 152p. Read-Me.Org classic reprint.

Foxe's Book Of Martyrs And The Elect Nation

By William Haller

From the Preface. My intention in these pages is to offer an account of the usually referred to as The Book of Martyrs, in what I conceive to be the context of its own time. The account is based primanly on a study of that book in the successive versions and editions published by the author in his lifetime and of the relevant contemporary literature ofProtestant edification and propaganda. Foxe published two preliminary versions of his book on the Continent in 1554 and 1559, the first English version in 1563. A much revised and greatly enlarged version in 1570, and two editions in 1576 and 138g with some further revisions and additions but no significant changes. In the century after his death five more editions, based on the text of 1583, appeared in 1596, 1610, 1631-2, 1641 and 1684. The same text, slightly bowdlerized and at certain points somewhat awkwardly conflated with the text of 1563, was again reproduced in an edition in eight volumes issued by S.R. Cattley in 1837, later revised by Josiah Pratt,and reissued with pagination unchangedi 1843-9, 1870 and 1877. Quotations from the book in the following pages correspond to the text as it appearsin the Cattley-Pratt edition, corrected as may be necessary according to theoriginal. Spelling and punctuation have been regulated according to present usage. Of the numerous other editions or versions of Foxe's book published subsequentlyto 1684. I have examined a considerable number but not all, and have found none to be complete and many to be grossly corrupt. Most of the stories ofthe Marian martyrs appeared for the first time in print in the pages of Foxe's book, but some were published separately on the Continent during Mary’s reign…”

London. Bayler and Son. 1963. 275p.

Foxe's Book of Martyrs (abridged): An Edition for the People

Prepared by W. Grinton Berry

The Actes and Monuments (full title: Actes and Monuments of these Latter and Perillous Days, Touching Matters of the Church), popularly known as Foxe's Book of Martyrs, is a work of Protestant history and martyrology by Protestant English historian John Foxe, first published in 1563 by John Day. It includes a polemical account of the sufferings of Protestants under the Catholic Church, with particular emphasis on England and Scotland. The book was highly influential in those countries and helped shape lasting popular notions of Catholicism there. The book went through four editions in Foxe's lifetime and a number of later editions and abridgements, including some that specifically reduced the text to a Book of Martyrs. (Wikipedia)

London John Day 1563. NY. Abingdon Press. 1913. 413p.

Flogging Others: Corporal Punishment and Cultural Identity from Antiquity to the Present

By C. Geltner

From the cover: Corporal punishment is often seen as a litmus test for a society’s degree of civilization. Its licit use purports to separate modernity from premodernity, enlightened from barbaric cultures. As Geltner argues, however, neither did the infliction of bodily pain typify earlier societies nor did it vanish from penal theory, policy, or practice. Far from displaying a steady decline that accelerated with die Enlightenment, physical punishment was contested throughout Antiquity and the Middle Ages, its application expanding and contracting under diverse pressures. Moreover, despite the integration of penal incarceration into criminal justice systems since the nineteenth century, modem nation states and colonial regimes increased rather than limited the use of corporal punishment. Flogging Others thus challenges a common understanding of modernization and Western identity and underscores earlier civilizations' nuanced approaches to punishment, deviance, and the human body. Today as in the past, corporal punishment thrives due to its capacity to define otherness efficiently and unambiguously, either as a measure acting upon a deviant's body or as a practice that epitonuzes — in the eyes of external observers — a culture's backwardness.

Amsterdam. Amsterdam University Press. 2014. 110p.

Understanding Reoffending: Push factors and preventative responses

By Denis Gough and Megan Coghlan  

This rapid evidence review (RER) presents an analysis of literature and research to understand factors linked to reoffending and desistance, while also analysing multi-2022. 943p.agency working in relation to reducing reoffending. This is important given the 2021- 2023 Department of Justice Statement of Strategy that includes a focus on reducing reoffending and understanding multi-agency working to inform policy and ensure a shared purpose in the criminal justice sector in Ireland. To identify relevant literature for this RER peer reviewed academic literature only is analysed to understand reoffending and desistance, while a mixture of academic and governmental literature was selected to analyse multi-agency working. To be eligible for analysis, the relevant literature and research was required to be European and published in English from 1990-present.

Dublin: Ireland Department of Justice,  2022. 94p.

Imprisonment In America: Choosing the Future

By MichaelSherman and Gordon Hawkins

From the cover: Throughout the nation, federal and state legislators are debating a deceptively simple question: “Should we build more prisons?” Their answers could cost tens of billions of tax dollars and may have major implications for crime control, prisoners’ rights, and other vital areas of public policy. Yet the current debate is too often shallow and partisan. The right says, “Just build”; the left says, “Don’t build”; and thoughtful lawmakers feel caught between two uncompromising positions. Moreover, they are being pressed to decide in a crisis atmosphere in which only current facts are considered. This book integrates elements of liberal and con­servative views and shows that a broader, reasoned approach is necessary. The prison construction debate, Sherman and Hawkins maintain, must be seen in a broad context. Affected by deep traditions of the past, current decisions will in turn have far- reaching consequences in the future. Nor can the debate be conducted as a purely technical exercise. The authors write, “To see the prison crisis exclu­sively as a problem of crowding and conditions is positively dangerous. It addresses effects while ignoring causes. ... It may aggravate the very problem it purports to solve.”

Chicago. University of Chicago Press. 1981. 187p.

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.