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PUNISHMENT

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

Prisoners and Paupers

By Henry M. Boies.

A study of the abnormal increase of criminals and the public burden of pauperism in the U.S. - the causes and remedies. THERE are four hundred and forty-six charitable, reformatory, and penal institutions in the State of Pennsylvania, inspected at least once each year by its Board of Public Charities. They have a wide variety of objects, methods, management, and inmates. The view which a member of this Board obtains, therefore, and the impressions he receives of pauperism and criminality are of a very general nature, inducing a consideration of the subject as a whole. Most of the literature of these subjects, on the contrary, is confined to particular and distinct phases of them. I have endeavored in this book to present this general view of the case as it appears in our country ; to emphasize the waste of human sympathy and public funds which results from what appears to be inconsiderate and misdirected methods of treatment ; to suggest not only possible improvements in these methods, but radical changes in direction ; and, finally, I have proposed a positive remedy, which, however people may disagree concerning its practicability.

New York: Putnam, 1893. 318p.

Studies on the Dutch Prison System

Edited by M.J.M.Brand-Koolen.

This reader on the prison system was edited by Maria Brand-Koolen. Two chapters have been written especially for this volume - the introductory chapter, written by the editor, and the chapter on temporary release, written by a researcher with the RDC and a member of the Prison Department. Three contributions by Tony Vinson of Australia, who explored the Dutch correctional system in some detail during his visit to the Centre in 1985, are slightly revised versions of chapters from a recent RDC publication. The remaining contributions are the work of (former) RDC researchers and have been published earlier in the Dutch language. Some of these previously published papers have been slightly revised to provide more recent data.The general studies in the first part of the two-part volume provide an overview of the main characteristics of Dutch correctional policy and research. The first chapter aims to give the non-Dutch reader a general idea of the criminal justice system in The Netherlands (in particular the correctional system) and to facilitate understanding of the other contributions. In the second part of the book the authors deal with a variety of special topics, among others the mentally abnormal offender, drug users, ethnic minorities and prison leave.

Deventer: Kugler Publications, 1987. 194p.

Further Developments In The Prison Systems Of Central And Eastern Europe: Achievements, problems and objectives

By Roy Walmsley.

This second study of developments in the prison systems of central and eastern Europe owes a very great deal to the contributions of experts in the participating countries. I am extremely grateful for the warm hospitality of those prison administrations that I visited and the generous co-operation of those that completed survey questionnaires giving detailed information on the situation in their prison systems, including statistics of prisoners, penal institutions and prison staff. The report focuses mainly on the situation in 2001, although some reference is made to developments in the following year, notably the passing of new legislation bearing on the prison system, and the publication of documents referring to events in 2001. But it must be acknowledged that some of the information presented will already have been superseded by subsequent events. In covering so wide a range of countries and so broad a topic it is not feasible to present detailed information on each prison administration that is completely up-to-date. An appendix containing reference material also mentions some more recent events, in particular the appointment of new directors of prison administration. The core of the study is contained in the first twenty sections which provide an overview of developments across the whole region. The second part presents an account of the situation in each of the twenty-four prison systems (sections 21-44), and also brief information about prisons of the region that are located in areas that are outside the control of the governments of the countries of which they are officially a part and are consequently not under the prison administrations of those countries.

Helsinki: European Institute for Crime Prevention and Control, 2003. 593p.

Alternatives To Prison Sentences: Experiences And Developments

Edited by JOSINE JUNGER-TAS.

This study has been conducted at the request of the Director-General of (Juvenile and Adult) Corrections of the Dutch Ministry of Justice, who wanted an overview of experiences with alternative sanctions in other countries with a view to future development of the Dutch sanctioning system. The principal objective of the study was to examine the use of alternatives to prison with respect to their effectiveness and efficiency. Therefore, the focus of the study is on the evaluation of alternative sanctions on the basis of empirical research. The study covers 135 documents from 12 western countries: the United States, Canada, Australia, New Zealand, England, Scotland, Sweden, Finland, Norway, Germany, Austria and France. Much of the research material has been provided by the Documentation Department of the WODC (Research and Documentation Center). In addition, the Ministries of Justice of the above-mentioned countries and a great number of foreign academic colleagues have been approached in order to collect more recent research material as well as policy documents. In this way an attempt has been made to obtain as complete a picture as possible of the state of the art with respect to the substitution of prison by new sanctions and their effects in terms of reduction of the prison population, of recidivism and of costs.

The Hague : RDC, Ministry of Justice : Amsterdam; New York: Kugler Publications, 1994. 104p.

Life on Tag: An ‘Actor Network Theory Ethnography’ of Users’ Experiences of Electronically Monitored Punishment

By Carl Berry.

Electronic monitoring, (EM), or ‘tagging’, is a relatively recent but increasingly used sentencing measure employed by criminal justice agencies across the globe. Dispensed for a range of criminal offences, it typically functions by enabling the construction of a curfew intended to keep users in a designated place for a period of time. Despite its widespread usage, tagging is an under researched and controversial penal sanction beset with numerous difficulties that has garnered as much criticism as praise. The emergence of EM accompanies concerns about increasing uses of surveillance and control within society, yet has been often faulted for failing to practically function. As new technologies transform the criminal justice landscape, recent theoretical perspectives have attempted to theorise measures like EM within criminology. Foremost amongst these positions, actor network theory (or ANT), is a constructivist approach that advocates using observational methods, which, besides challenging many long standing social scientific ideas, controversially contends that material objects have agency and lead ‘fluid lives’. Asserting further that objects are entangled with humans in ‘assemblages of actors’, the position attempts to demonstrate how dynamic interactions within these ‘heterogeneous networks’ lead to successful social ordering. Importantly, it urges researchers to ‘describe’ these ‘hybridised socio-technical systems’ while making as few presumptions as possible; to outline how (or if) they accomplish this. This PhD thesis undertakes an ethnographic investigation of tagging from the position of offenders subject to a range of EM sentences in a location in England dubbed ‘EM City’, and uses a modified version of ANT alongside allied approaches such as postphenomenology. It borrows the administrative criminological concepts of ‘compliance’ and ‘desistance’, to serve as metrics for assessing how tagging leads outcomes of programme completion and criminal de-escalation to sometimes emerge. Additionally, it attempts to understand how variable ‘affects’ (or ‘pains’) associated with its restrictions arise from a somewhat more critical criminological position; however, these are expanded to account for positive, or neutral/ambivalent reactions. The experiences of ‘supporting actors’ who assist EM users are also investigated, before finally re-joining a selection of users post-sentence. It is demonstrated that tagging often becomes an onerous penalty that is sometimes implicated in attaining desired outcomes, but that it also routinely features prohibited activity: led by a range of factors within the ‘chaos’ of many offenders’ lives. The device-system of EM is further asserted to form a ‘carceral actant-ensemble’, which, when ‘bound’ to it, leads ‘hybrid-users’ (or ‘hosts’) to acquire their range of experiences. Ultimately, however, whether tagging derives punitive affects or achieves success in maintaining curfews and reducing offending, is dependent on its enrolment of pre-existing, yet shifting, wider associations within the lives of users. This temporary ‘penal assemblage’ is, additionally, shown to be intersected further by several socio-technical issues: offender support, poverty, ethnicity, and gender, which become enrolled through it.

Bristol, UK: University of Bristol, 2021. 378p.

Health and Incarceration: A Workshop Summary

Institute of Medicine and National Research Council.

Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return.

Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.

Washington, DC: The National Academies Press. 2013. 67p.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

National Research Council.

After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States more than quadrupled during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society.

The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm.

The Growth of Incarceration in the United States recommends changes in sentencing policy, prison policy, and social policy to reduce the nation's reliance on incarceration. The report also identifies important research questions that must be answered to provide a firmer basis for policy. The study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.

Washington, DC: The National Academies Press. 2014. 464p.

Re-Offending by Released Terrorist Prisoners: Separating Hype from Reality

By Andrew Silke and John Morrison

Recent cases of attacks by released terrorist prisoners highlight issues around the risk of re-offending posed by former terrorist prisoners. What are the appropriate processes and systems for managing and risk assessing such individuals, and to what extent is rehabilitation possible in the context of terrorist offending? This Policy Brief will explore these and related issues to help inform wider discussion and debates on appropriate policy in this area.

In this Policy Brief, the authors critically analyse the definition of ‘recidivism’, and demonstrate the need for a concrete operational definition before one is able to truly analyse recidivist activity. Following this, the authors discuss terrorist recidivism in a range of international contexts, ranging from Northern Ireland to Sri Lanka, the United States to Israel. By taking this broader perspective it allows the reader to gain a greater understanding of what factors related to recidivism rates may be context-specific, and which are universal.

The Hague: International Centre for Counter-Terrorism (ICCT), 2020. 13p.

Alternative Representations of Imprisonment

Edited by Michael Fiddler.

“Contemporary representations of imprisonment, be they cinematic or literary, tend to be remarkably consistent. There are a series of recurrent characters and tropes that one can reliably expect to see. To give a decidedly partial list, there is the naïf, the kindly old-timer, the threat of (often sexual) violence or the dank darkness of ‘the hole’. A useful exercise in this regard is to look at the ways in which a remake of a particular prison film reuses these visual themes. The 1974 film The Longest Yard (dir. R. Aldrich) starring Burt Reynolds as a disgraced and subsequently imprisoned American football player was remade in 2001 (dir. B.Skolnick) and 2005 (dir. P.Segal) as vehicles for Vinnie Jones and Adam Sandler respectively. The UK version, renamed Mean Machine to match the original UK release title of the 1974 film, owes much to key British television and film where prisons and imprisonment play key roles.”

Prison Service Journal. Issue 199. January 2012. 64p.

Prisons and Punishment: the Essentials. 2ed.

By David Scott and Nick Flynn.

2nd ed. Covering all the key topics across the subject of Penology, this book gives you the tools you need to delve deeper and critically examine issues relating to prisons and punishment. The second edition: (1) explores prisons and punishment within national, international and comparative contexts, and draws upon contemporary case studies throughout to illustrate key themes and issues (2) includes new sections on actuarial justice, proportionality, sentencing principles, persistent offending, rehabilitation, and abolitionist approaches to punishment.

Los Angeles: Sage, 2014.

Capital Punishment and the Criminal Corpse in Scotland, 1740–1834

By Rachel E. Bennett.

Capital punishment has a long and storied global history. Within the annals of this penal narrative, the eighteenth and nineteenth centuries have offered a sustained attraction to historians of Western Europe. However, studies of the Scottish capital punishment experience have remained limited by comparison. This book seeks to redress this scholarly lacuna. Based upon an extensive gathering and analysis of previously untapped resources, it takes the reader on a journey from the courtrooms of Scotland to the theatre of the gallows. It introduces them to several of the malefactors who faced the hangman’s noose and explores the traditional hallmarks of the spectacle of the scaffold. The study demonstrates that the period between 1740 and 1834 was one of discussion, debate and fundamental change in the use of the death sentence and how it was staged in practice. In addition, it contextualises the use of capital punishment against the backdrop of key events in Scottish history in this period including Anglo-Scottish relations in the wake of the 1707 Act of Union, the aftermath of the 1745 Jacobite Rebellion and the rapid industrialisation and urbanisation witnessed by the country. In doing so, the current study goes beyond redressing a scholarly gap and instead demonstrates that an exploration of Scotland’s unique capital punishment history enhances the current feld in some areas but provides a crucial caveat to the broader narrative in others. Finally, this study writes the post-mortem punishment of the criminal corpse into Scotland’s capital punishment history. In demonstrating that the journey of several capitally convicted offenders, predominantly murderers, did not end upon the scaffolds of Scotland, it takes the reader from the theatre of the gallows to the dissection tables of Scotland’s main universities and to the foot of the gibbets from which criminal bodies were displayed. In doing so it identifes an intermediate stage in the long-term disappearance of public bodily punishment.

Basingstoke, UK: Springer Nature, 2018. 243p.

A Just Measure of Pain: The penitentiary in the industrial revolution, 1750-1850

By Michael Ignatieff.

"A Just Measure of Pain" describes the moment in 18th century England when the modern penitentiary and its ambiguous legacy were born. In depicting how the whip, the brand and the gallows - public punishments once meant to cow the unruly poor into passivity - came to be replaced by the "moral management" of the prison and the notion that the criminal poor should be involved in their own rehabilitation. Michael Ignatieff documents the rise of a new conception of class relations and with it a new philosophy of punishment, one directed not at the body but at the mind. "A Just Measure of Pain" is a highly atmospheric and compellingly written work of social history, which has already become a classic study of its subject.

New York: Pantheon Books, 1978. 257p.

English Prisons: An Architectural History

By Allan Brodie, Jane Croom, James O. Davies.

For most of us, the prison is an unfamiliar institution and life 'inside' is beyond our experience. However, more than 60,000 people now live in England's jails, some serving their sentences in buildings with Victorian or more ancient origins, others in prisons dating from the last twenty years. English Prisons: An Architectural History is the result of the first systematic written and photographic survey of prisons since the 20th century. It traces the history of the purpose-built prison and its development over the past 200 years. Over 130 establishments that make up the current prison estate and over 100 former sites that have surviving buildings or extensive documentation have been investigated, institutions ranging from medieval castles and military camps to country houses that have been taken over and adapted for penal use.

The Prison Service granted the project team unprecedented access to all its establishments, allowing the compilation of an archive of more than 5,000 images and 250 research files. The team was allowed to go anywhere, and to photograph almost anything (except where this could compromise security) and to speak to any inmate. A selection of the images from the archive illustrates this book.

Swindon, UK: English Heritage 2001, 297p,

Improving Interagency Collaboration, Innovation and Learning in Criminal Justice Systems

Edited by Sarah Hean, Berit Johnsen, Anu Kajamaa and Laure Kloetzer.

Supporting Offender Rehabilitation. This Open Access edited collection seeks to improve collaboration between criminal justice and welfare services in order to help prepare offenders for life after serving a prison sentence. It examines the potential tensions between criminal justice agencies and other organisations which are involved in the rehabilitation and reintegration of offenders, most notably those engaged in mental health care or third sector organisations. It then suggests a variety of different methods and approaches to help to overcome such tensions and promote inter-agency collaboration and co-working, drawing on emerging research and models, with a focus on the practice in European and Scandinavian countries. For academics and practitioners working in prisons and the penal system, this collection will be invaluable.

Cham: Palgrave Macmillan, 2021. 475p.

Harnessing the Power of the Criminal Corpse

By Sarah Tarlow and Emma Battell.

This open access book is the culmination of many years of research on what happened to the bodies of executed criminals in the past. Focusing on the eighteenth and nineteenth centuries, it looks at the consequences of the 1752 Murder Act. These criminal bodies had a crucial role in the history of medicine, and the history of crime, and great symbolic resonance in literature and popular culture. Starting with a consideration of the criminal corpse in the medieval and early modern periods, chapters go on to review the histories of criminal justice, of medical history and of gibbeting under the Murder Act, and ends with some discussion of the afterlives of the corpse, in literature, folklore and in contemporary medical ethics. Using sophisticated insights from cultural history, archaeology, literature, philosophy and ethics as well as medical and crime history, this book is a uniquely interdisciplinary take on a fascinating historical phenomenon.

Lowman. Palgrave (2018) 277 pages.

Remembering and Disremembering the Dead

By Floris Tomasini.

Posthumous Punishment, Harm and Redemption over Time. “In the main, this book is a cross-fertilisation of history and philosophy in the broadest possible sense. Ideas of death, posthumous harm, punishment and redemption germinate in both the conceptual ground of philosophical analysis and the empirical ground of historical case study.”

Palgrave (2017) 106p.

Deprivation Of Liberty In The Shadows Of The Institution

By Lucy Series.

“The community is a complicated place, easier to define by what it is not (a hospital) than what it is. Successive waves of post-carceral policy have deposited different care structures and settings on its shores. There are the first-wave quasi-institutions, which still predominate in the care of older people: residential care homes and nursing homes. Then there are second wave quasi-domestic services, aspiring to break free of our institutional heritage: ‘supported living’, ‘independent living’, sheltered housing, and other kinds of ‘housing with support.”

Bristol University Press (2022) 318p.

Auburn, N.Y.

By D. Morris Kurtz

Its Facilities and Resources. For reasons of their own, the publishers have been pleased to omit the sketches relating to the large axle manufactories of Sheldon & Co., in the Auburn Prison and on Sheldon Avenue ; the shoe manufactories of Dunn, Barber & Co., in the Auburn Prison and on Garden street ; the hollow ware manufactory of Jones & Merritt, Auburn Prison ; the hame manufactory of Hayden & Boyd, Auburn Prison, and several smaller concerns (manufacturing and mercantile), for which I can only express sorrow.

Kurtz publishing (1884) 159p.