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PUNISHMENT

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

Federal Prisons: Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System

By Gretta L. Goodwin; et al.

Approximately 45 percent of people released from a federal prison are rearrested or return within 3 years of their release. The First Step Act included certain requirements for DOJ and BOP aimed to reduce recidivism, including requiring the development of a system to assess the recidivism risk and needs of incarcerated people. It also required BOP to provide incarcerated people with programs and activities to address their needs and if eligible, earn time credits. The First Step Act required GAO to assess the DOJ and BOP’s implementation of certain requirements. This report addresses the extent to which DOJ and BOP implemented certain First Step Act requirements related to the (1) risk and needs assessment system, (2) identification and evaluation of programs and activities, and (3) application of time credits. GAO reviewed legislation and DOJ and BOP documents; analyzed 2022 BOP data; and interviewed DOJ and BOP headquarters officials and BOP’s employee union. GAO also conducted non-generalizable interviews with officials from four BOP regional office facilities, selected to ensure a mix of different facility characteristics. What GAO Recommends GAO is making eight recommendations for BOP to improve its implementation of the First Step Act, including collecting data, ensuring its evaluation plan has goals and milestones, having monitoring mechanisms, and tracking unstructured productive activities. BOP concurred with six recommendations,   

Washington, DC: United States Government Accountability Office , 2023. 110p. 

Is Less Always More? The Unintended Consequences of New York State's Parole Reform

By Elias Neibart

In September 2021, New York Governor Kathy Hochul quietly signed into law the Less Is More: Community Supervision Revocation Reform Act, the state’s fourth major criminal justice reform enacted in the past three years. Less Is More made dramatic changes to the state’s parole system, specifically:

  • Creating a system of earned time credits to incentivize good behavior;

  • Significantly limiting reincarceration for “technical” violations of the terms of parole (i.e., a violation other than committing a new crime), and shortening the length of reincarceration;

  • Limiting the presumption of detention for parole violators, such that technical violators are detained only if they abscond, and criminal violators detained only if a judge rules them at risk of absconding;

  • Raising the burden of proof at revocation hearings and expediting their processing time;

  • Shifting revocation hearings to court rooms and otherwise giving them the trappings of a court proceeding.

These changes, supporters argued, were necessary to minimize the unnecessary and counterproductive reincarceration of petty technical violators—the parolee who is on the straight and narrow but who nonetheless finds himself back in prison due to a minor slip-up. In making these changes, however, they also made it harder to detain many serious offenders, including serious criminal violators; evidence from NYC jails show that detention of even violent criminal violators fell in the wake of Less Is More. In addition, it created a greater burden on victims, who are often now involved in revocation hearings in addition to new criminal proceedings. This, we argue, is due to the broad-reaching procedural changes enacted by Less Is More. The lost presumption of detention, heightened evidentiary standards, and constraints placed on the use of technical violations—all of which apply not only to petty technical violators but to more dangerous parolees—have defanged the supervision system. While reforms that reward good behavior and do not over-punish minor violations are desirable, we propose a series of changes to blunt the unintended effects on the more serious offender population. Specifically, we suggest several reforms of the reform....

New York: Manhattan Institute, 2022. 28p.

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,

The European Survey of Probation Staff's Knowledge of ,and Attitudes to, Mental Illness

By Charlie Brooker and Karen Tocque

There is a high prevalence of mental illness in probation including suicide. It is important for probation staff to recognise mental illness and to refer on to an appropriate agency once it is detected. Probation’s staff knowledge about mental illness was therefore examined across Europe in this study using a well validated measure – the Mental Health Literacy Scale (MHLS). Response rates within services and countries varied widely from 0-74%. Scores on the MHLS also varied considerably from 113-138 with an average score of 128. This overall average score is similar to other groups of the population such as university students and the clergy. There was a strong association between knowledge and confidence in working with people with a mental illness. The policy implications of these findings are discussed. It is clear there is a continuing role for CEP in this arena especially in the light of the Council of Europe’s recent White Paper on mental health in probation and in prisons.   

Utrecht: Confederation of European Probation, 2023. 33p.

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.

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.

The Reformers: An Historical Survey of Pioneer Experiments in the Treatment of Criminals

By Torsten Eriksson

Translated from the original Swedish text by Catherine Djurklou. From the cover: Torsten Eriksson traces the history of reform experiments in criminal treatment in Europe and the United States from the sixteenth century to the present day. Experiments with separate and solitary confinements, self-government in institutions, and modern methods of treatment in psychiatric and psychological institutions are among the topics covered in Eriksson's d scription of the achievements and failures of pioneer reformers. The Reformers recounts ideas conceived, expressed, and executed throughout history which parallel our thoughts today, lending perspective to present-day attempts at prison reform. It is the first book of its kind that concentrates entirely on the develop- ment of treatment methods for criminals. This unique and scholarly volume should be essential reading for al those who take a serious interest in the treatment of offenders.

NY. Elsevier. 1976. 320p.

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.

Martyrs Mirror, Abridged Edition.

By Thielman J. von Braght. Introduction by Graeme R. Newman

From the introduction: It is difficult to go one better than Foxe’s Book of Martyrs of the 17th century that contains endless illustrations of the dreadful tortures and deaths inflicted on the Christian martyrs. The book was so popular that it went through at least three editions in Foxe’s lifetime. Since then, various authors have reproduced aspects of Foxe’s classic, interspersed with some new prints and illustrations,  This book, compiled by Mennonites for Mennonites,  is one such book. The descriptions of the martyrs and their lives and deaths do become tiresome to the secular reader, and the lessons their editors presume to convey – those of the moral superiority, chastity and devotion to their faith – focus on the tenets of Christianity of course, but fail to make any attempt at under­standing the details, procedures, and choices of the tortures and horrible deaths inflicted upon the martyrs by their brutal captors.

Federal Prisons: Bureau of Prisons Should Improve Efforts to Implement its Risk and Needs Assessment System

By Gretta L. Goodwin; et al.

Approximately 45 percent of people released from a federal prison are rearrested or return within 3 years of their release. The First Step Act included certain requirements for DOJ and BOP aimed to reduce recidivism, including requiring the development of a system to assess the recidivism risk and needs of incarcerated people. It also required BOP to provide incarcerated people with programs and activities to address their needs and if eligible, earn time credits. The First Step Act required GAO to assess the DOJ and BOP’s implementation of certain requirements. This report addresses the extent to which DOJ and BOP implemented certain First Step Act requirements related to the (1) risk and needs assessment system, (2) identification and evaluation of programs and activities, and (3) application of time credits. GAO reviewed legislation and DOJ and BOP documents; analyzed 2022 BOP data; and interviewed DOJ and BOP headquarters officials and BOP’s employee union. GAO also conducted non-generalizable interviews with officials from four BOP regional office facilities, selected to ensure a mix of different facility characteristics. What GAO Recommends GAO is making eight recommendations for BOP to improve its implementation of the First Step Act, including collecting data, ensuring its evaluation plan has goals and milestones, having monitoring mechanisms, and tracking unstructured productive activities. BOP concurred with six recommendations,

Washington, DC: United States Government Accountability Office , 2023. 110p.

Towards Race Equality. A survey of Black, Asian and minority ethnic prisoners, including Gypsy, Roma and Traveller individuals and foreign nationals across the women’s estate in England Report l

By The Criminal Justice Alliance

This study seeks to expand on the limited evidence published to date on the experiences of Black, Asian and minority ethnic women prisoners3 (Buncy and Ahmed, 2014; Cox and Sacks-Jones, 2017; Prison Reform Trust, 2017). It aims to better understand and amplify the diverse experiences of Black, Asian and minority ethnic prisoners, including Gypsy, Roma and Traveller people, as well as foreign nationals, across the women’s prison estate in England. This report recognises that the survey respondents are not a homogenous group. They encompass various identities and ethnicities, resulting in a range of lived experiences, both between and within groups. The discrimination experienced by Black, Asian and minority ethnic prisoners held in women’s establishments is multi-layered, with intersectional identities: ethnicity, race, religion, social class, sexual orientation, nationality and gender. Intersectionality recognises that, as individuals are made up of several identities, they may experience multiple interwoven prejudices. For example, women may experience gendered discrimination, and women from minoritised communities could simultaneously face additional forms of discrimination. The findings in this report were gathered by interviewing and surveying individuals within the project’s scope. It presents their perception of (un)fair treatment and the extent to which the prison meets their cultural needs. It provides further detail on incidents of discrimination and the establishment’s response. It addresses the language barriers faced by those whose first language is not English. It also provides examples of positive practice and suggestions for future activities that raise awareness of cultural practices and celebrate religious traditions.

London: The Criminal Justice Alliance, 2022. 84p.

Towards Race Equality: Exploring the effectiveness of Independent Monitoring Boards at monitoring outcomes for Black, Asian and minority ethnic women in prison

By Amal Ali and Hannah Pittaway

This ground-breaking project centres on the lived experiences of Black, Asian and minority ethnic women in prison, and comes at a time when there is increased attention on race and gender inequality in the criminal justice system, but the combination of these issues rarely receives any government attention. We received over 300 survey responses from women in prison, prison staff and IMBs, improving our understanding of the double disadvantage that women from minority ethnic backgrounds face. We are very grateful to the women with lived experience who co-designed the survey and all those in custody for their honesty and openness when completing it. Their accounts of direct and indirect racism and poor treatment are shocking and distressing. Even more upsetting is their sense of fatalism - they see it as part of their everyday lives. The women lack confidence in the complaints system, do not trust that they will be treated fairly and are often unaware of how the IMB can help. The impact of the pandemic has made this worse. There is an urgent need to address these issues nationally and locally. IMBs play an important role given their day-to-day presence in prisons. Community scrutiny is a vital tool to hold criminal justice agencies to account. The CJA has focused on improving community scrutiny for several years looking at police powers, police custody and now prison custody. We consistently see the same themes: the need for better and more consistent data collection and analysis, more effective equalities training and support, and for community volunteers to be more representative of the populations in the criminal justice system. The recommendations in these reports map out sensible steps Her Majesty’s Prison and Probation Service (HMPPS), the Ministry of Justice (MoJ) and IMBs can take to make positive change and I hope to see them being implemented with haste.  

London: Criminal Justice Alliance, 2022. 38p.