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PUNISHMENT

PUNISHMENT-PRISON-HISTORY-CORPORAL-PUNISHMENT-PAROLE-ALTERNATIVES. MORE in the Toch Library Collection

Posts in violence and oppression
Torture and Ill-Treatment against People Who Use Drugs in Nigeria

By Chinwike Okereke, Adrià Cots Fernández & Maria-Goretti Loglo

This briefing paper by IDPC and the African Law Foundation (AFRILAW) presents new evidence on the physical and mental violence faced by people who use drugs in Nigeria, both at the hands of law enforcement agents and in drug treatment centres. Drawing on desk research and on a survey of 79 people who use drugs and other stakeholders in Nigeria, the papers shows that in Nigeria people who use drugs are routinely subject to physical, mental and sexual violence, sometimes meeting the definition of torture or ill-treatment under international law. Many respondents highlighted the gendered aspect of these forms of torture and ill-treatment, while others pointed to a disproportionate impact on those marginalized on the basis of poverty or status. Although the occurrence of violence is widespread and well known, only one survey respondent brought a formal complaint, and none achieved any form of compensation or redress. The report concludes with a series of recommendations on how to prevent and provide redress for the forms of torture and ill-treatment documented in this report. We emphasise the need to reform laws and policies that criminalise people who use drugs, and to ensure access to voluntary, evidence-based, and rights-based drug treatment and harm reduction services.

London: International Drug Policy Consortium, 2022. 24p.

Death Sentences And Executions 2022

By AMNESTY INTERNATIONAL

From the Introduction: Amnesty International’s research on the global use of the death penalty in 2022 revealed a spike in the number of people known to have been executed worldwide, including a significant increase in executions for drug-related offences. This negative trend contrasts with a countervailing positive tendency: a substantial number of countries have taken decisive steps away from the death penalty in 2022, marking remarkable progress against the ultimate cruel, inhuman and degrading punishment. Known executions, excluding the thousands believed to have taken place in China, significantly increased by 53% on those for 2021, from 579 (2021) to 883 (2022). The executions recorded in 2022 were the highest since 2017 (993).2 Secrecy and restrictive state practices continued to impair an accurate assessment of the use of the death penalty in several countries, including China, North Korea and Viet Nam.

AMNESTY INTERNATIONAL GLOBAL REPORT 2022. 46p.

Situational Prison Control

By Richard Wortley

FROM THE COVER: This book examines the control ofproblem behaviour in prison from a situational crime prevention perspective. Following the success of situational crime prevention in community settings, Richard Wortley argues that the same principles can be used to help reduce the levels of assault, rape, self-harm, drug use, escape and collective violence in our prison systems. This pioneering new study proposes a two-stage model of situational prevention that moves beyond traditional opportunity-reduction: it attempts to reconcile the contradictory urges to control prison disorder by 'tightening-up' and hardening the prison environment on the one hand, and 'loosening-off and normalising it on the other. Combining a comprehensive synthesis and evaluation of existing research with original investigation and ground-breaking conclusions, Situational Prison Control will be of great interest to academics and practitioners both in the areas of corrections and crime prevention more generally.

Cambridge. University of Cambridge Press. 2002.263p. CONTAINS MARK-UP

Banishment in the Late Medieval Eastern Netherlands: Exile and Redemption in Kampen

By Edda Frankot

This open access book analyses the practice of banishment and what it can tell us about the values of late medieval society concerning morally acceptable behaviour. It focuses on the Dutch town of Kampen and considers the exclusion of offenders through banishment and the redemption of individuals after their exile. Banishment was a common punishment in late medieval Europe, especially for sexual offences. In Kampen it was also meted out as a consequence of the non-payment of fines, after which people could arrange repayment schemes which allowed them to return. The book firstly considers the legal context of the practice of banishment, before discussing punishment in Kampen more generally. In the third chapter the legal practice of banishment as a punitive and coercive measure is discussed. The final chapter focuses on the redemption of exiles, either because their punishment was completed, or because they arranged for the payment of outstanding fines.

Bern: Palgrave Macmillan, 2022. 140p.

Prisons in Europe 2005-2015. Volume 1: Country profiles

By  Marcelo F. Aebi Léa Berger-Kolopp Christine Burkhardt Mélanie M. Tiago;  The European Union and the Council of Europe

  Country-based information on penal institutions and prison populations was collected through questionnaires sent to the prison administrations of the member states of the Council of Europe. The information collected was analysed by the authors of the study. This publication is divided into four parts across two volumes. Parts 1 to 3 are presented in this volume. Part 4 (volume 2) presents the data received from the prison administrations of the 47 member states of the Council of Europe, as well as the rates, ratios and percentages computed by the authors of this study, which were used to produce the figures included in the present volume. 

Strasbourg: Council of Europe, 2019. 366p.

he State of Harm Reduction in Prisons in 30 European Countries with a Focus on People Who Inject Drugs and Infectious Diseases

By Heino StöverAnna TarjánGergely Horváth & Linda Montanari 

People who inject drugs are often imprisoned, which is associated with increased levels of health risks including overdose and infectious diseases transmission, affecting not only people in prison but also the communities to which they return. This paper aims to give an up-to-date overview on availability, coverage and policy framework of prison-based harm reduction interventions in Europe. Available data on selected harm reduction responses in prisons were compiled from international standardised data sources and combined with a questionnaire survey among 30 National Focal Points of the European Monitoring Centre for Drugs and Drug Addiction to determine the level of availability, estimated coverage and policy framework of the interventions. …. While 21 countries address harm reduction in prison in national strategic documents, upon-release interventions appear only in 12.

Conclusions. Availability and coverage of harm reduction interventions in European prisons are limited, compared to the community. There is a gap between international recommendations and ‘on-paper’ availability of interventions and their actual implementation. Scaling up harm reduction in prison and throughcare can achieve important individual and public-health benefits.

Harm Reduction Journal volume 18, Article number: 67 (2021) 

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

Torture: Power Democracy and the Human Body.

Edited by Shampa Bissau and Zane Zalloua

From the Introduction: “Given the events of the last decade, the topic of torture, democ­racy, and the human body hardly needs any justification. Yet it is its apparent obviousness that makes the topic all the more urgent. What is torture? Who defines it? What are its immediate and long­term effects on the human body, on the social body, and the poliucal bond that ties these bodies together, that is, democracy. These quesuons resist easy answers. Torture, like any other contenuous concept, has its own twisted history. In this respect, we might do well to keep in mind Friedrich Nietzsche’s observation that “only that which has no history is definable.” The challenge at hand, however, is not simply to recognize that the interpretation of torture becomes an endless task and battle of interpretive wills, something that we never define once and for all. Rather, a genealogical perspective on the subject displaces the essentialist question “What is torture?" in order to ask instead “What meaning have we given to torture?” or “What is the function and purpose of torture today?” In other words, torture as such cannot be defined in isolation but refers back to systems of belief, social networks of power, and ideological worldviews thai invariably ascribe to torture a certain meaning. The nature of that meaning is precisely what is in question in contemporary debates on torture, and the authors in this volume approach that ques­tion from diverse angles.”

Seattle. University of Washington Press. 2011. 290p.

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

Heads Will Roll: Decapitation in the Medieval Decapitation in the Medieval and Early Modern Imagination

Edited by Larissa Tracy and Jeff Massey

From the cover: “The decapitation motif recurs in nearly all medieval and early modern genres, from saints' lives and epics to comedies and romances, yet decollation is often little regarded, save as a marker of humanity (that is, as the moment mortality exits) or inhumanity (chat is, as the moment the supernatural enters). However, as a seat of reason, wisdom, and even the soul, the head has long been affordeda special place in the body politic, even when separated from its body proper. Capitalizing upon the enduring fascination with decapitation in European culture, chis collection examines-through a variety of critical lenses-the recurring "roles/rolls" of severed human heads in the medieval and early modern imagination.”

Boston. Brill. 2012. 371p. 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.

Contrasts in Tolerance: Post-war Penal Policy in The Netherlands and England and Wales

By David Downes

From chapter 1. Comparative criminology is nothing new. In their broadest sense, of contrasting institutional arrangements and/or forms of conduct between whole societies, comparative studies have long been an invaluable, though under-used, resourcein historical and socio-economic studies. Travels abroad can be as influential as journeyings at home in the realm of criminal and penal policies. It is difficult otherwise to account for such phenomena as the rapid rise of the penitentiary across the continents of Europe and North America in the first few decades oft h e nineteenth century. More recently, the appeal ofvictim-related measures has, from relatively small beginnings in the United States in the late 1960s, fanned out to most liberal democratic societies around the globe. From time to time, Britain has attracted streams of enquirers into the workings of the latest penal or reformative innovation. The Borstal system in the interwar period was much admired abroad.

Oxford. Clarendon Press. 1988. 236p. CONTAINS MARK-UP

A Global Review of Prison Drug Smuggling Routes and Trends in the Usage of Drugs in Prisons

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 Sci. 2022;e1473  

Suicide and Probation: A systematic review of the literature

By Coral Sirdifield, Charlie Brooker, Rebecca Marples 

A narrative systematic review was undertaken of the literature concerning the health of people on probation. In this paper, we provide an up-to-date summary of what is known about suicide and suicidal ideation and probation. This includes estimates of prevalence and possible predictors of suicide and suicidal ideation. Searches were conducted on nine databases from January 2000 to May 2017, key journals from 2000 to September 2017, and the grey literature. A total of 5125 papers were identified in the initial electronic searches but after careful double-blind review only one research paper related to this topic met our criteria, although a further 12 background papers were identified which are reported. We conclude that people on probation are a very high risk group for completed suicide, and factors associated with this include drug overdose, mental health problems, and poor physical health. There is a clear need for high quality partnership working between probation and mental health services, and investment in services, to support appropriate responses to suicide risk.

  Forensic Science International: Mind and Law Volume 1, November 2020,

Prisoner Lives Cut Short: The Need to Address Structural, Societal and Environmental Factors to Reduce Preventable Prisoner Deaths

By Róisín Mulgrew  

The State duty to prevent preventable prisoner deaths is easy to state and substantiate. Yet prisoner death rates are increasing around the world and are often much higher than those in the community. To understand why this is happening, the findings and recommendations of the country reports of international oversight bodies and thematic reports from international rapporteurs are synthesised with contemporary rights-informed penal standards, multi-disciplinary scholarship, non-governmental organization reports and media extracts. On the basis of this knowledge, this reform-oriented article explores the impact of structural, societal and environmental factors on natural and violent prisoner deaths and how these factors operate cumulatively to create dangerous and life-threatening custodial environments. The paper makes recommendations to reaffirm and enumerate the positive obligation to protect prisoners’ lives, develop specialist standards, adopt a broader approach to prison oversight and create a specific United Nations mandate on prisoner rights.

Human Rights Law Review, 2023, 23, 1–25.  

The Severed Breast: The Legends of Saints Agatha and Lucy in Medieval Castilian Literature

By Andrew M. Beresford

From the preface: “ According To Popular Tradition, the Sicilian virgin, martyr, Aatha, died in Cantania at the height of the Decian persecutions (250-53). Desired by Quintianus, the low-born Roman consul, she spurned his advances and was imprisoned in a brothel, where its keeper, the appropriately named Aphrodisia, was charged with the responsibility of shattering her sexual resolve. When the attempt at coercion failed, Agatha was summoned once again before Quintianus, and after further interrogation, was subjected to a series of gruesome tortures -the most infamous being the severing of her breast. That night, while suffering in prison, Saint Peter appeared before her, and, in amiraculous act of intervention, healed her wounds and restored her breast. The following day, humiliated and enraged, Quintianus inflicted further pains upon her, and having borne her suffering with exemplary courage and steadfast devotion, she eventually yielded up her soul.

Newark, DE. Juan de la Cuesta-Hispanic Monographs. 2010. 259p.

Reaffirming Rehabilitation

By Francis T. Cullen Karen E. Gilbert

From the Foreword by Donald Cressey: “'This is more than a book about punishment versus rehabilitation of criminals. It is, to be sure, the first book to defend the notion that Americans acted unwisely and too hastily when they recently exorcised rehabilitation programs from prisons. But it also is an essay on how social movements go awry - on the unanticipated consequences of purposive social action. Further, it documents aproposition which humanitarian policy makers established centuries ago, namely that "government by law" always will, in the absence of "government by men,"' have gross injustice as its consequence. More generally, it pinpoints the tragic irony involved as humanitarians, bent on reducing pain and suffering in the world, have recently convinced Amer icans to inflict more pain and suffering on criminals, even if doing so allows criminals to inflict more pain and suffering on the rest of us.”

Cincinnati, Ohio. Anderson Publishing Co. 1982. 339p. Book 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.

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.