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PUNISHMENT

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

IN THE BELLY OF THE BEAST LETTERS FROM PRISON

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By JACK HENRY ABBOTT

A visionary book in the repertoire of prison literature. When Normal Mailer was writing The Executioner's Song, he received a letter from Jack Henry Abbott, a convict, in which Abbott offered to educate him in the realities of life in a maximum security prison. This book organizes Abbott's by now classic letters to Mailer, which evoke his infernal vision of the prison nightmare.

NY. Vintage 1982. 221p.

Harm in American Penology Offenders, Victims and Their Communities

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By Todd R. Clear

This book analyzes the sources and results of the fourfold increase in the U.S. correctional population since 1970. It considers the following themes: the value of punitiveness, defined as penal harm; research on crime and criminals; concerns about victims of crime; and concerns about community safety. It also analyzes the relationship between social problems and penal harm, such as poverty and crime during the twenty-year period of correctional expansion.

The author argues that a careful review of proposals for expanded penal harm cannot be justified. The growth in corrections was not caused by crime nor has it reduced crime. Clear describes a new strategy for corrections based on his examination of the politics of social control and the growth in penal harm.

State University of New York Press, 1994 , 42 pages

THE GUILLOTINE AND THE TERROR:

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By Daniel Arasse, translated by Christopher Miller

"The Guillotine and the Terror" delves deep into the chilling history of the French Revolution, exploring the gruesome reign of terror that engulfed France. Unveiling the sinister purpose behind the invention of the guillotine, this book sheds light on the dark events that shaped a nation's destiny. From the blood-soaked streets of Paris to the political machinations of revolutionaries, this gripping narrative unveils the horror and brutality that defined an era. A must-read for history enthusiasts and those seeking to understand the complex interplay of power, fear, and revolution.

Penguin, 1991, 192 pages

Independent serious further offence review of Joshua Jacques

By HM Inspectorate of Probation (UK)

On 25 April 2022, police forced entry to a property in Bermondsey, London, where the bodies of Denton Burke (aged 68), Dolett Hill (aged 64), Tanysha (Raquel) Ofori-Akuffo (aged 45), and Samantha Drummonds (aged 27) were found. All four victims had suffered stab wounds and lacerations. Joshua Jacques was charged with these murders.

In June 2022, the Lord Chancellor and Secretary of State asked the Chief Inspector of Probation to undertake an independent review into how the Probation Service managed Joshua Jacques, as he was under probation supervision when he was arrested for these offenses. This review was completed in November 2022 and can now be published following the completion of criminal proceedings.

Key findings:

  • Despite concerns about repeated non-compliance with his licence conditions, enforcement practice was inconsistent and opportunities to recall Jacques to custody were missed.

  • Joshua Jacques was incorrectly allocated to a newly qualified probation officer who had only finished their training three months before being assigned the case.

  • Joshua Jacques was appropriately assessed as posing a high risk of serious harm to the public following his release from custody. However, his risk in other categories, including to staff or potential partners was underestimated. No risk assessment was completed for Jacques following his release which resulted in no risk management plan or sentence plan in the community being completed.

  • In February 2022, Jacques disclosed to probation court staff that he was experiencing a decline in his mental health; however, no action was taken.

  • Inspectors found during this review that probation staff felt ill-equipped to understand and respond to mental health concerns, with limited training and support being available to them.

  • The case records show that Jacques was routinely using cannabis whilst on probation, and his licence contained a condition to engage in a drug abuse intervention on release from prison. No such intervention was organised by the Probation Service and our inspection found no evidence of a referral to a drugs agency.

As a result of this review, eight recommendations were made to HMPPS.

Manchester, UK: HM Inspectorate of Probation, 2024. 38p.

GAMES PRISONERS PLAY The tragicomic worlds of polish prison

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BY Marek M. KAMINSKI

On March 11, 1985, a van was pulled over in Warsaw for a routine traffic check that turned out to be anything but routine. Inside was Marek Kaminski, a Warsaw University student who also ran an underground press for Solidarity. The police discovered illegal books in the vehicle, and in a matter of hours five secret police escorted Kaminski to jail. A sociology and mathematics major one day, Kaminski was the next a political prisoner trying to adjust to a bizarre and dangerous new world. This remarkable book represents his attempts to understand that world.

As a coping strategy until he won his freedom half a year later by faking serious illness, Kaminski took clandestine notes on prison subculture. Much later, he discovered the key to unlocking that culture--game theory. Prison first appeared an irrational world of unpredictable violence and arbitrary codes of conduct. But as Kaminski shows in riveting detail, prisoners, to survive and prosper, have to master strategic decision-making. A clever move can shorten a sentence; a bad decision can lead to rape, beating, or social isolation. Much of the confusion in interpreting prison behavior, he argues, arises from a failure to understand that inmates are driven not by pathological emotion but by predictable and rational calculations.

Kaminski presents unsparing accounts of initiation rituals, secret codes, caste structures, prison sex, self-injuries, and of the humor that makes this brutal world more bearable. This is a work of unusual power, originality, and eloquence, with implications for understanding human behavior far beyond the walls of one Polish prison.

Princeton University Press, 2004, 215 pages

Crisis and Reform: Current Issues in American Punishment

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By Alexis M. Durham III

After 300 years of the American struggle with crime and punishment-related issues, the nation seems less able to deal with them now than at any other time in history. Why have we failed? Is the worst yet to come?In Crisis and Reform, criminology expert Alexis M. Durham III explores the most serious problems currently plaguing America's correctional system, their historical background, and possible solutions.Topics covered include:--Prison Crowding-AIDS in Prison-Difficulties Associated with Older Inmates-Women in Prison-Changing the Offender-Alternatives to Incarceration, including Electronic Monitoring, Intensive Supervision, House Arrest, Community Services, and Day-Reporting Centers-Boot Camps-Prison Privatization-The Death Penalty

Jones & Bartlett Learning, 1994, 377 pages

CAPTIVITY AND IMPRISONMENT IN MEDIEVAL EUROPE, 1000-1300

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By Jean Dunbabin

This book explores the growing importance of prisons, both lay and ecclesiastical, in western Europe between 1000 and 1300. It attempts to explain what captors hoped to achieve by restricting the liberty of others, the means of confinement available to them, and why there was an increasingly close link between captivity and suspected criminal activity. It discusses conditions within prisons, the means of release open to some captives, and writing in or about prison.

Springer, Oct 23, 2002, 207 pages

BETWEEN PRISON AND PROBATION

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By NORVAL MORRIS, MICHAEL TONRY

Across the country prisons are jammed to capacity and, in extreme cases, barges and mobile homes are used to stem the overflow. Probation officers in some cities have caseloads of 200 and more--hardly a manageable number of offenders to track and supervise. And with about one million people in prison and jail, and two and a half million on probation, it is clear we are experiencing a crisis in our penal system. In Between Prison and Probation, Norval Morris and Michael Tonry, two of the nation's leading criminologists, offer an important and timely strategy for alleviating these problems. They argue that our overwhelmed corrections system cannot cope with the flow of convicted offenders because the two extremes of punishment--imprisonment and probation--are both used excessively, with a near-vacuum of useful punishments in between. Morris and Tonry propose instead a comprehensive program that relies on a range of punishment including fines and other financial sanctions, community service, house arrest, intensive probation, closely supervised treatment programs for drugs, alcohol and mental illness, and electronic monitoring of movement. Used in rational combinations, these "intermediate" punishments would better serve the community than our present polarized choice. Serious consideration of these punishments has been hindered by the widespread perception that they are therapeutic rather than punitive. The reality, however, Morris and Tonry argue, "is that the American criminal justice system is both too severe and too lenient--almost randomly." Systematically implemented and rigorously enforced, intermediate punishments can "better and more economically serve the community, the victim, and the criminal than the prison terms and probation orders they supplant." Between Prison and Probation goes beyond mere advocacy of an increasing use of intermediate punishments; the book also addresses the difficult task of fitting these punishments into a comprehensive, fair and community-protective sentencing system.

Oxford University Press, Sep 12, 1991, 294 pages

ALTERNATIVES TO IMPRISONMENT in Comparative Perspective: BIBLIOGRAPHY

Edited By Ugljesa Zvekic and Anna Alvazzi del Frate

Explore a comprehensive bibliography delving into the realm of alternatives to imprisonment from a comparative perspective. This curated collection of resources offers a diverse range of scholarly works, research papers, and case studies focusing on innovative practices and policies aimed at reducing reliance on incarceration. Dive into this bibliography to gain insights into the evolving landscape of criminal justice systems worldwide, as experts examine the effectiveness, challenges, and ethical considerations surrounding alternative approaches to traditional imprisonment. Whether you are a student, academic, policymaker, or practitioner, this bibliography serves as a valuable resource for understanding the multifaceted dimensions of modern penal systems and the quest for more humane and effective ways of addressing crime and social justice.

Nelson-Hall Publishers, 1994, 537 pages

The Impact of Race and Skin Color on Police Contact and Arrest: Results From a Nationally Representative Longitudinal Study

By Michael F. TenEyck, Sarah A. El Sayed, Clay M. Driscoll and Krysta N. Knox

Racial inequality in arrest is a social problem that has challenged the United States for as long as police records have been kept. Prior work documents the extent of the disparity and observational studies have attempted to sort out the mechanisms that explain why the disparity exists. Building on the “constructivist” perspective of race, the current study draws on data from the National Longitudinal Study of Adolescent to Adult Health (Add Health) to assess the degree to which race and skin color explain the observed racial disparity in criminal justice contact and arrest. Results revealed that controlling for criminal behavior and a host of covariates, neither race nor skin color increased the likelihood of police contact. Race, however, was predictive of an increase in the odds of arrest—with Black respondents being 92% more likely to experience arrest than White respondents—and this relationship remained controlling for the effects of skin color, police contact, and prior criminal behavior. These findings suggest that the “race effect” may be due to unobserved biases not related to skin color.

Racial inequality in outcomes related to criminal justice contact and processing is a longstanding topic of concern. Recent evidence suggests that while White individuals are more likely to experience police contact, racial/ethnic minorities are disproportionately arrested when contacted (Beck, 2021; Harrell & Davis, 2020). Additionally, changes in policing techniques have led to increases in police contact and arrests. During the early to mid-2000s, nearly 90 percent of police stops did not result in arrests whereas recent data indicates that now only 65% of police stops do not result in arrests (Novak & Gilbreath, 2023). Findings like this have raised many questions among social scientists. One such question draws attention to the potential sources of the inequality. Is it that criminal justice professionals act discriminatorily? Is it that racial minorities are overinvolved in criminal behavior? Or is the answer more complicated?

In the present study, we build on recent developments from epidemiology and sociology which conceptualizes race in the “constructivist” framework (Barnes, 2018; Sen & Wasow, 2016), meaning the term “race” is defined by more than just skin color. In the constructivist tradition, race captures various aspects of one's life including culture, ancestry, and socioeconomic opportunities. This framework conceptualizes race as a composite measure, such that statistically adjusting for its constituent parts will help to unpack the race effect. In this way, race is examined with more depth and moves past simply categorizing race by groups.

This provided the motivation for analyzing the impact, if any, of skin color on initial contact by police and adulthood arrest. While only briefly touched upon within the criminological literature (Alcalá & Montoya, 2018; Finkeldey & Demuth, 2021; Kizer, 2017), colorism—or the differential treatment of individuals based on the color of their skin—has been shown to offer lighter-skinned citizens more advantages and privileges than darker-skinned citizens (Dixon & Telles, 2017; Monk, 2014; Ryabov, 2016). If skin color has an impact and statistically adjusting for skin color reduces the effect of racial classification on arrest, then we can begin to better understand the “race effect” on the arrest. This is an important endeavor for at least two reasons. First, if skin color, even after adjusting for race, is a predictor of criminal justice processing, then this finding would support arguments that racial biases play a role in criminal justice contact. Second, if skin color is not found to predict criminal justice processing after adjusting for race, it would suggest that other components of the race variable are the mechanisms of action causing racial inequalities.

We believe this is both a timely and broadly important research focus given the increasing scrutiny placed on American criminal justice professionals, especially police officers, and the racial inequality narratives that increasingly dominate colloquial conversation (Trinkner et al., 2019). The findings from this study could help shape the national narrative by identifying the potential sources in need of intervention to reduce the prevalence of inequalities in criminal justice outcomes and aid in criminal justice reforms. But first, the following section will review the available literature that speaks to the association between race and contact with the criminal justice system, the impact of race and skin color on police contact and arrest, and then end with a theoretical framework for the current study

Race and Justice Volume 0: Ahead of Print, 2024

The parole dossier and its negative impacts on prisoner identity

By Bradley Read

This article suggests that the parole dossier may be working to damage prisoners’ sense of their identity through the creation of a carceral script which describes a person whom they do not recognise as themselves, and which leads to an increased narrative labour. Prisoners struggle, therefore, under that labour to form a post-offence identity with which to navigate a complex process such as parole. As identity, and its repair, appear instrumental to desistance, elements of the process, such as the dossier, could be putting hopes of rehabilitation at risk. Using the analysis of 15 prisoner interviews, this article explores a parole process described as undermining agency. A process where risk assessment is perceived poorly and where ultimately the experience can lead to negative impacts on an already fragile self-identity. In conclusion, this article attempts to offer some solutions, to mitigate the negative effects, with a view to maximising the potential impact of the dossier process on future desistance, through the more meaningful involvement of the prisoner at its centre.

Criminology & Criminal Justice Volume 0: Ahead of Print, 2024.

Investigating dual harm and misconduct in Northern Ireland: A 1-year follow-up

By Michelle Butler, Dominic Kelly, Catherine B. McNamee

Purpose: This study investigates whether men who engage in dual harm while imprisoned are disproportionately involved in committing misconduct during a 1-year follow-up period. It also examines whether dual harm is significantly associated with future involvement in misconduct, when other known risk factors for misconduct are considered, and whether this relationship varies depending on the type of misconduct examined.

Methods: Drawing on the administrative records of 430 men who were imprisoned during the 1-year follow-up period, a combination of descriptive statistics and negative binominal regressions was used to analyse the data.

Results: Roughly one-in-four men engaged in dual harm while imprisoned and were responsible for over half of all misconduct incidents recorded during the follow-up period. A significant relationship between dual harm, as well as violence-only harm compared to no harm, and future involvement in misconduct was also observed even when other known risk factors for misconduct were considered but only for violent and disorder-related misconduct, demonstrating this relationship varied by harm history and type of misconduct examined.

Conclusion: These findings address previous gaps in knowledge, advancing our understanding of the relationship between dual harm and misconduct. Possible explanations for why, compared to no-harm history, dual harm as well as violence-only harm was only related to violent and disorder-related misconduct are offered, alongside possible implications of this research for policy and practice.

Legal and Criminological Psychology Volume 29, Issue 1 Feb 2024

Pretrial Detention and the Costs of System Overreach for Employment and Family Life

By Sara Wakefield, Lars Højsgaard Andersen

Using unique Danish register data that allow for comparisons across both conviction and incarceration status, this article analyzes the association between pretrial detention and work, family attachment, and recidivism. We find that pretrial detention may impose unique social costs, apart from conviction or additional punishments. Most notably, men who are detained pretrial experience poorer labor market trajectories than men who are convicted of a crime (but not incarcerated). Importantly, this result holds even for men who are detained pretrial but who are not convicted of the crime. Consistent with prior research, we also find that pretrial detention is unrelated to later family formation but might disrupt pre-existing household arrangements. Finally, the associations between pretrial detention and work and family life are not counterbalanced by reductions in recidivism.

Sociological Science 7: 342-366. 2020.

“Living with life”: Experiences of families of people serving a life sentence in Western Australia

By Hilde Tubex and Natalie Gately

This paper contributes to the growing body of scholarship related to the impact of imprisonment on families, from the particular perspective of parents, siblings and other close relatives of people serving a life sentence. We argue that those family members are often overlooked in research and service provision, while bearing the burden of the association with the offender. This is particularly problematic for relatives of life sentenced prisoners, having to cope with the seriousness of the offence, and the uncertainty of the perspectives of release. Based on 17 interviews conducted in Western Australia, we discuss family members’ confrontation with and experiences throughout the criminal justice system. We report on how they manage to “live with life” and which coping mechanisms they developed. Our findings call for more investment into the matter, to generate a scholarship for a better understanding of and supporting initiatives for those close relatives.

Journal of Criminology, 2023. Online first

THE LIMITS OF THE CRIMINAL SANCTION

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HERBERT L. PACKER

FROM THE INTRODUCTION: THIS Is A BOOk about law and some related subjects; but it is not a specialized book, and I hope that it will be read by people who are not specialists. It is a book about a social problem that has an important legal dimension: the problem of trying to control antisocial behavior by imposing punishment on people found guilty of violating rules of conduct called criminal statutes. This device I shall call the criminal sanction. The rhetorical question that this book poses is: how can we tell what the criminal sanction is good for? Let us hypothesize the existence of a rational lawmaker-a man who stops, looks, and listens before he legislates. What kinds of questions should he ask before deciding that a certain kind of conduct (bank robbery, income tax evasion, marijuana use) ought to be subjected to the criminal sanction?

STANFORD UNIVERSITY PRESS, STANFORD, CALIFORNIA. 1968. 389p.

For Better or Worse? Improving the Response to Domestic Abuse Offenders on Probation

By Nicole Renehan and David Gadd

  As the Ministry of Justice looks to develop a ‘new generation’ of programmes to reduce reoffending, we reflect on what can be learnt from the only accredited domestic abuse programme in England and Wales, Building Better Relationships (BBR). Findings from an ethnographic study of BBR are situated within the Probation Inspectorate’s recent inspection of domestic abuse work within the newly unified Probation Service which revealed a fractured and overstretched workforce. Our central argument is that if we are to avoid making matters worse, practitioners must be equipped with the time, supervision and skill needed to maintain something akin to a ‘therapeutic alliance’, that will endure in moments of crisis in their own lives as well as those of their clients.

The British Journal of Criminology, 2024, XX, 1–18 

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Bureau of Prisons: Additional Actions Needed to Improve Restrictive Housing Practices

By U.S. Government Accountability Office; Gretta L. Goodwin

Why GAO Did This Study - DOJ’s BOP is responsible for confining individuals in safe, humane, and appropriately secure conditions. In certain circumstances, such as alleged or substantiated violence, BOP can move individuals to restrictive housing, and generally isolate them in cells for up to 23 hours per day. As of October 2023, BOP continued to house about 8 percent of its population (about 12,000 individuals) in these settings. Strengthening management of federal prisons was added to GAO’s high-risk list earlier this year. Among its objectives, GAO was asked to examine the extent to which BOP (1) addressed recommendations from two prior restrictive housing studies; and (2) leveraged facility information to ensure restrictive housing policy compliance and enhance operations. GAO analyzed BOP policies and data; interviewed BOP officials; and conducted non-generalizable interviews with staff and incarcerated individuals at five BOP facilities— selected to cover a range of restrictive housing unit types. What GAO Recommends - GAO is making eight recommendations to BOP, including that it assign responsibility and establish time frames for recommendation implementation and identify the cause of racial disparity in SMU placements. BOP concurred with the eight recommendations but raised related concerns; GAO discusses these in the report.

Washington, DC: U.S. Government Accountability Office, 2024. 79p.

Length of Incarceration and Recidivism

By Ryan Cotter

This study, the seventh in the recidivism series, examines the relationship between length of incarceration and recidivism. In 2020, the Commission published its initial comprehensive study on length of incarceration and recidivism. In that study, which examined offenders released in 2005, the Commission found that federal offenders receiving sentences of more than 60 months were less likely to recidivate compared to a similar group of offenders receiving shorter sentences. This study replicates the prior analysis, however, it examines a more current cohort of federal offenders released in 2010. This study examines the relationship between length of incarceration and recidivism, specifically exploring three potential relationships that may exist: incarceration as having a deterrent effect, a criminogenic effect, or no effect on recidivism.

Washington, DC: United States Sentencing Commission, 2022. 56p.

What do Federal Offenses Really Look Like?

By Matthew J. Iaconetti, Tracey Kyckelhahn, and Amanda Kerbel,

This report provides in-depth information on federal firearms offenders sentenced under the primary firearms guideline, §2K2.1. The Commission has published reports on various aspects of firearms offenses, including reports on armed career criminals, mandatory minimum penalties, and firearms offenders’ recidivism rates. The Commission’s prior research shows that firearms offenders are generally younger, have more extensive criminal history, and are more likely to commit a new crime than other offenders. The Commission’s previous research also shows that firearms offenders are more likely than other offenders to engage in violent criminal behavior. This publication continues the Commission’s work and provides detailed information about offenders sentenced under §2K2.1.

Washington, DC: United States Sentencing Commission, 2022. 46p.