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EDITED BY Hyman Gross and Andrew von Hirsch

Sentencing, edited by Hyman Gross and Andrew von Hirsch, is a comprehensive collection of essays exploring various aspects of sentencing practices. This edited volume delves into the complexities of sentencing theory, policy, and reform, offering diverse perspectives from leading experts in the field. Whether you are a legal scholar, practitioner, or student, this book provides valuable insights into the challenges and debates surrounding sentencing in modern criminal justice systems.

New York / Oxford OXFORD UNIVERSITY PRESS. 1981. 401p.

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By Johannes Andenaes

Andenaes explores the intricate relationship between punishment and deterrence, shedding light on the complexities of these concepts within the realm of criminal justice. By delving into the various theories and practices surrounding punishment, Andenaes addresses how the fear of punishment can potentially deter individuals from engaging in criminal behavior. Through his analysis, Andenaes underscores the fine balance that must be struck between exacting punitive measures and fostering a deterrent effect to effectively combat crime in society. His work prompts readers to critically examine the role of punishment as a means of deterring future criminal acts, highlighting the nuances and challenges inherent in this multifaceted process.

University of Michigan Press, 1974, 189p

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By Dennis Sullivan

In "The Punishment of Crime in Colonial New York" by Dennis Sullivan, the author delves into the intricacies of the legal system during the colonial period in New York. Sullivan provides a detailed examination of the various forms of punishment meted out to criminals, shedding light on the harsh realities of justice in that era. Through meticulous research and analysis, Sullivan paints a vivid picture of the judicial processes and the societal attitudes towards crime and punishment. Readers are given a glimpse into a time where punishment was often swift and severe, reflecting the values and norms of colonial society. Sullivan's work offers valuable insights into the history of crime and punishment, making it a significant contribution to the study of early American legal systems.

PETER LANG. New York • Washington, D.C./Baltimore • Boston. 1997. 367p.

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By Ernest van den Haag

In the realm of criminal justice, the age-old debate surrounding punishment and its justifications continues to spark intellectual discourse. Examining the perspective famously articulated by Ernest van den Haag brings to light the complexities inherent in the concept of punishing criminals. Van den Haag's stance, advocating for the retributive nature of punishment as a means to uphold societal values and deter wrongdoing, remains a thought-provoking cornerstone in the field.

Delving into the intricacies of this enduring question sheds light on the multifaceted considerations at play when contemplating the appropriate response to criminal acts. As society grapples with the delicate balance between justice, rehabilitation, and retribution, the legacy of van den Haag's insights serves as a poignant reminder of the moral and ethical dilemmas woven into the fabric of punitive measures.

In a landscape where the dynamics of crime and punishment evolve alongside societal norms and values, the exploration of van den Haag's perspective offers a compelling starting point for engaging with the profound complexities inherent in addressing criminal behavior. Ultimately, the discourse surrounding punishing criminals remains a poignant reflection of humanity's ongoing quest for a fair and just society.

NY. Basic Books. 1975. 293p.

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By Benedict S. Alper

"PRISONS INSIDE OUT: Alternatives in Correctional Reform" delves into innovative approaches to reforming the traditional prison system. From restorative justice practices to community-based rehabilitation programs, this book explores a range of alternative methods aimed at transforming the correctional system. By highlighting successful case studies and thought-provoking insights, this book challenges conventional norms and offers new perspectives on how we can redefine the purpose and effectiveness of prisons in modern society. Whether you are a policymaker, a criminal justice professional, or simply an interested individual, "PRISONS INSIDE OUT" is a must-read for those seeking a deeper understanding of the complexities of correctional reform.

Cambridge Mass. Ballinger Co. 1974.

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EDITED BY TARA HERIVEL AND PAUL WRIGHT

"Prison Nation: The Warehousing of America's Poor" offers a compelling examination of the intersecting issues of poverty and incarceration in the United States. Through meticulous research and incisive analysis, this book sheds light on the troubling reality of how the most vulnerable members of society are disproportionately affected by the criminal justice system. Blending personal narratives with stark statistics, the author navigates the complex web of policies and practices that perpetuate a cycle of poverty and imprisonment. An urgent call to action, "Prison Nation" challenges readers to confront the deep-rooted inequalities that plague the American justice system and to advocate for meaningful change.

Routledge. NEW YORK AND LONDON. 2003. 333p.

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Edited by Gertrude Ezorsky

Delve into the intricate world of punishment through a philosophical lens with the updated second edition of "Philosophical Perspectives on Punishment." This thought-provoking book offers a comprehensive exploration of the moral, ethical, and societal implications of punishment, inviting readers to reflect on the complex nature of justice and retribution. From ancient philosophical theories to modern-day perspectives, this edition delves into the evolving discourse surrounding punishment in a changing world. Whether you are a scholar, student, or simply a curious mind, this book provides a nuanced understanding of punishment through the philosophical perspectives that shape our conceptions of right and wrong.

NY. SUNY Press. 2015. 446p.

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By Mary Hostetler Oakey. Edited by Belinda Swanson

In this insightful book, Mary Hostetler Oake delves into the historical evolution of penal philosophies and practices in the nation's capital. From the early days of the gallows to the modern approaches to criminal justice, Oake provides a comprehensive look at how attitudes towards punishment have changed over time. Drawing on meticulous research and engaging writing, JOURNEY FROM THE GALLOWS offers a thought-provoking exploration of a topic that continues to shape our society today.

University Press of America. ND. 387p.

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By Debra Smith

"In Prison" by Debra Smith is a gripping novel that delves into the dark and often overlooked world of incarceration. Through vivid storytelling and compelling characters, Smith takes readers on a raw and emotional journey inside the walls of a prison. The novel sheds light on the complexities of human nature, the harsh realities of life behind bars, and the enduring power of hope and redemption. A thought-provoking and poignant read that will stay with you long after you turn the final page.

Adelaide. GINNINDERRA PRESS. 2008. . 131p.

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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.

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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

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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

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.

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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

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By Tony Parker

In 1970 Tony Parker was permitted by the Home Office to make a series of visits to HMP Grendon Underwood, the UK's first psychiatric prison, there to interview inmates and staff for a study of the institution and its unique community. This book tells of his visits.

Hutchinson, 1970, 222 pages

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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

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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

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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

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

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