Benevolent Repression


Book Description

The opening, in 1876, of the Elmira Reformatory marked the birth of the American adult reformatory movement and the introduction of a new approach to crime and the treatment of criminals. Hailed as a reform panacea and the humane solution to America's ongoing crisis of crime and social disorder, Elmira sparked an ideological revolution. Repression and punishment were supposedly out. Academic and vocational education, military drill, indeterminate sentencing and parole—"benevolent reform"—were now considered instrumental to instilling in prisoners a respect for God, law, and capitalism. Not so, says Al Pisciotta, in this highly original, startling, and revealing work. Drawing upon previously unexamined sources from over a half-dozen states and a decade of research, Pisciotta explodes the myth that Elmira and other institutions of "the new penology" represented a significant advance in the treatment of criminals and youthful offenders. The much-touted programs failed to achieve their goals; instead, prisoners, under Superintendent Zebulon Brockway, considered the Father of American Corrections, were whipped with rubber hoses and two-foot leather straps, restricted to bread and water in dark dungeons during months of solitary confinement, and brutally subjected to a wide range of other draconian psychological and physical abuses intended to pound them into submission. Escapes, riots, violence, drugs, suicide, arson, and rape were the order of the day in these prisons, hardly conducive to the transformation of "dangerous criminal classes into Christian gentleman," as was claimed. Reflecting the racism and sexism in the social order in general, the new penology also legitimized the repression of the lower classes. Highlighting the disparity between promise and practice in America's prisons, Pisciotta draws on seven inmate case histories to illustrate convincingly that the "March of Progress" was nothing more than a reversion to the ways of old. In short, the adult reformatory movement promised benevolent reform but delivered benevolent repression—a pattern that continues to this day. A vital contribution to the history of crime, corrections, and criminal justice, this book will also have a major impact on our thinking about contemporary corrections and issues surrounding crime, punishment, and social control.




The Myth of Overpunishment


Book Description

Justice is on trial in the United States. From police to prisons, the justice system is accused of overpunishing. It is said that too many Americans are abused by the police, arrested, jailed, and imprisoned. But the denunciations are overblown. The data indicates, contrary to the critics, that we don’t imprison too many, nor do we overpunish. This becomes evident when we examine the crimes of prisoners and the actual time served. The history of punishment in the United States, discussed in vivid detail, reveals that the treatment of offenders has become progressively more lenient. Corporal punishment is no more. The death penalty has become a rarity. Many convicted defendants are given no-incarceration sentences. Restorative justice may be a good thing for low-level offenses, or as an add-on for remorseful prisoners, but when it comes to major crimes it is no substitute for punitive justice. The Myth of Overpunishment presents a workable and politically feasible plan to electronically monitor arrested suspects prior to adjudication (bail reform), defendants placed on probation, and parolees.




Capital and Convict


Book Description

Both in the popular imagination and in academic discourse, North and South are presented as fundamentally divergent penal systems in the aftermath of the Civil War, a difference mapped onto larger perceived cultural disparities between the two regions. The South’s post Civil War embrace of chain gangs and convict leasing occupies such a prominent position in the nation’s imagination that it has come to represent one of the region’s hallmark differences from the North. The regions are different, the argument goes, because they punish differently. Capital and Convict challenges this assumption by offering a comparative study of Illinois’s and South Carolina’s formal state penal systems in the fifty years after the Civil War. Henry Kamerling argues that although punishment was racially inflected both during Reconstruction and after, shared, nonracial factors defined both states' penal systems throughout this period. The similarities in the lived experiences of inmates in both states suggest that the popular focus on the racial characteristics of southern punishment has shielded us from an examination of important underlying factors that prove just as central—if not more so—in shaping the realities of crime and punishment throughout the United States.




Breaking the Pendulum


Book Description

The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.




Contested Meanings


Book Description

The theme throughout Contested Meanings is the conflicting and changing ways society defines social problems. He emerges in the course of the book as a thoughtful and realistic social critic who looks beyond analyses of drinking as pathological behavior to consider the place of alcohol in American popular and leisure culture.




Crime and Criminal Justice in American Society


Book Description

Today’s headlines vividly illustrate the importance of understanding aspects of the criminal justice system too often ignored. While the second edition of Crime and Criminal Justice in American Society includes the most recent statistics on the police, courts, and corrections, its provocative, current examples also spur critical thinking about justice in the United States. The authors offer an alternative interpretation of criminal justice rarely presented in traditional textbooks or by the media. They encourage readers to examine their beliefs about crime, punishment, and the law. Discussions in the chapters about how African Americans, Hispanics, whites, women, juveniles, the rich, and the poor experience crime and the criminal justice system contribute context for understanding different viewpoints. The poor and minorities are the most likely to be caught in the net of criminal justice—but inequities have consequences for everyone. Reflection on various perspectives provides helpful input for assessing attitudes and for becoming actively involved with issues that have significant consequences. Eighteen thoroughly revised chapters present historical backgrounds, theories, and emerging issues. New to the second edition is a chapter on veterans involved in the criminal justice system. Affordable, succinct, and engaging, this textbook presents the key concepts of the criminal justice system at less than half the cost of many competing textbooks.




Encyclopedia of Literature and Criticism


Book Description

Contains essays by approximately ninety scholars and critics in which they investigate various aspects of English literary eras, genres, and works; and includes bibliographies and suggestions for further reading.




The Dramatic Touch of Difference


Book Description




Handbook of Forensic Social Work


Book Description

"Forensic social work is a unique practice field that interfaces with criminal justice or legal systems at the micro, mezzo, and macro levels of practice. This Handbook provides important reference content while exploring the multiple facets of the justice system, the differential nature of people, families, and communities navigating it, and the various ways social workers interface with the criminal justice system and associated client populations. The Handbook is an accessible resource for social workers that synthesizes current research and practice in forensic areas"--




Discretionary Justice


Book Description

The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.