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PUNISHMENT

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Examining the Parole Officer as a Mechanism of Social Support During Reentry From Prison

Kyle J. Bares1, Thomas J. Mowen

Emerging research has shown that the parole officer, much like friends and family, can be an important source of social support for returning persons. While this body of literature is growing, existing research provides little insight into understanding how specific types (e.g., interpersonal and/or professional) of parole officer support matter. Using panel data from the Serious and Violent Offender Reentry Initiative, results of mixed-effects models demonstrate that greater levels of parole officer support are associated with decreased odds of reincarceration. Furthermore, parole officer professional support (e.g., providing correct information) exerts a more robust effect than interpersonal support (e.g., listening and caring). Findings suggest policy makers should consider programming to strengthen the professional relationship between the parole officer and returning person. 

Crime Delinq. 2020 June ; 66(6-7): 1023–1051 

Job-Related Programs for People on Supervision: Reframing the Problem

By Shawn Bushway 

Job training programs for people under supervision have been based on an economic framework that identifies individuals involved in crime as a disadvantaged group with poor human capital. The best available research evidence has not found that these programs consistently improve employment outcomes. This article reviews the evidence for the effectiveness of standard job training programs and then examines new developments in the field that use alternative frameworks for understanding the roles of such programs. The first alternative is signaling: how people under community supervision use the completion of job training to signal to employers and others that the behavior that led to their conviction is either anomalous or no longer representative of them. The second alternative is a model of desistance known as identity change: the ways in which job training can help individuals solidify a new, more prosocial identity. I make sense of extant work and new alternatives and provide a set of recommendations for change in the community supervision system.

  ANNALS, AAPSS, 701, May 2022  

Excessive, unjust, and expensive: Fixing Connecticut’s probation and parole problems

By Leah Wang and gabriel sayegh

In the United States, the number of people under the surveillance of probation and parole systems is nearly twice the number of those behind bars. Community supervision, which refers mainly to probation and parole, is “too big to succeed.” (Simply defined, probation is a court-ordered “suspended” sentence served in the community, typically with a set period of supervision; parole is a conditional release after incarceration.) This is true throughout the country — and Connecticut is no exception, particularly in terms of its outsize probation system, which jeopardizes the well-being and progress of more than 30,000 people and their families. Chronically underfunded and overly punitive, probation rarely serves as an alternative to incarceration, as it was originally intended. And people released from prison to parole supervision often struggle to rebuild their lives during the reentry process….

Easthampton, MA: Prison Policy initiative, 2023. 20p.

Criminalizing Poverty: The Consequences of Court Fees in a Randomized Experiment

By Devah Pager, Rebecca Goldstein, Helen Ho, and Bruce Western 

  Court-related fines and fees are widely levied on criminal defendants who are frequently poor and have little capacity to pay. Such financial obligations may produce a criminalization of poverty, where later court involvement results not from crime but from an inability to meet the financial burdens of the legal process. We test this hypothesis using a randomized controlled trial of court-related fee relief for misdemeanor defendants in Oklahoma County, Oklahoma. We find that relief from fees does not affect new criminal charges, convictions, or jail bookings after 12 months. However, control respondents were subject to debt collection efforts at significantly higher rates that involved new warrants, additional court debt, tax refund garnishment, and referral to a private debt collector. Despite significant efforts at debt collection among those in the control group, payments to the court totaled less than 5 percent of outstanding debt. The evidence indicates that court debt charged to indigent defendants neither caused nor deterred new crime, and the government obtained little financial benefit. Yet, fines and fees contributed to a criminalization of low-income defendants, placing them at risk of ongoing court involvement through new warrants and debt collection.

American Sociological Review, Volume 87, Issue 3, 2022.

Incomparable Punishments: How Economic Inequality Contributes to the Disparate Impact of Legal Fines and Fees

By Lindsay Bing, Becky Pettit, Ilya Slavinski

Low-level misdemeanor and traffic violations draw tens of millions of people into local courts to pay fines and fees each year, generating billions of dollars in revenue. We examine how standardized legal fines and fees for low-level charges induce disparate treatment and result in disparate impact. Using a mixed-methods approach that incorporates administrative court records as well as interviews with criminal defendants from Texas, we find that although the majority of defendants readily pay for and conclude their case, African American, Latinx, and economically disadvantaged defendants spend disproportionate amounts of money and time resolving theirs. Analysis of criminal case records illustrates the disparate impact of monetary sanctions through the accrual of debt and time spent resolving a charge. Interviews reveal irreconcilable tensions between American ideals of equality in sentencing and the meaning and value of money and time in an increasingly unequal society.

RSF: The Russell Sage Foundation Journal of the Social Sciences 8(2): 118–136  , 2022.

What Is Wrong with Monetary Sanctions? Directions for Policy, Practice, and Research

By Brittany Friedman, Alexes Harris, Beth M. Huebner, Karin D. Martin, Becky Pettit, Sarah K.S. Shannon, Bryan L. Sykes

Monetary sanctions are an integral and increasingly debated feature of the American criminal legal system. Emerging research, including that featured in this volume, offers important insight into the law governing monetary sanctions, how they are levied, and how their imposition affects inequality. Monetary sanctions are assessed for a wide range of contacts with the criminal legal system ranging from felony convictions to alleged traffic violations with important variability in law and practice across states. These differences allow for the identification of features of law, policy, and practice that differentially shape access to justice and equality before the law. Common practices undermine individuals’ rights and fuel inequality in the effects of unpaid monetary sanctions. These observations lead us to offer a number of specific recommendations to improve the administration of justice, mitigate some of the most harmful effects of monetary sanctions, and advance future research.

  RSF: The Russell Sage Foundation Journal of the Social Sciences 8(1): 221–43, 2022

County Dependence on Monetary Sanctions: Implications for Women’s Incarceration


By Kate K. O’NeillTyler J SmithIan Kennedy

Although men’s incarceration rates have declined in the United States, women’s have stayed steady and even risen in some areas. At the same time, courts have increased their use of monetary sanctions, especially for low-level offenses. We propose that women’s incarceration trends can be partially explained by county dependence on monetary sanctions as a source of revenue. We suggest that monetary sanctions expose female defendants to processes that increase their likelihood of incarceration, especially in counties more reliant on monetary sanctions as a source of revenue, and where women’s poverty rates are high. Using data from Washington State, we find county dependence on monetary sanctions is positively associated with rates of women sentenced to incarceration. Although rural counties’ rates are higher, they depend on monetary sanctions no more than nonrural counties do.

  RSF: The Russell Sage Foundation Journal of the Social Sciences 8(2): 157–72. 2022;  

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.