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PUNISHMENT

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

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

Substance Misuse and Community Supervision: 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 or parole (community supervision). In this paper, we provide an up-to-date summary of what is known about substance misuse in this context. This includes estimates of the prevalence and complexity of substance misuse in those under community supervision, and studies of the effectiveness of approaches to treating substance misuse and engaging and retaining this population in treatment. A total of 5125 papers were identified in the initial electronic searches, and after careful double-blind review only 31 papers related to this topic met our criteria. In addition, a further 15 background papers were identified which are reported. We conclude that internationally there is a high prevalence and complexity of substance misuse amongst people under community supervision. Despite clear benefits to individuals and the wider society through improved health, and reduced re-offending; it is still difficult to identify the most effective ways of improving health outcomes for this group in relation to substance misuse from the research literature. Further research and investment is needed to support evidence-based commissioning by providing a detailed and up-to-date profile of needs and the most effective ways of addressing them, and sufficient funds to ensure that appropriate treatment is available and its impact can be continually measured. Without this, it will be impossible to truly establish effective referral and treatment pathways providing continuity of care for individuals as they progress through, and exit, the criminal justice pathway.  

Utrecht: Confederation of European Probation, 2020.

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  

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.