Punishing the Vulnerable


Book Description

Few studies look at the treatment of those inside America's prisons. Discussing race discrimination alongside gender, ethnic, and religious discrimination in contemporary American prisons, this book finds that correctional staff are swayed by stereotypes in their treatment of inmates. The American Dream is that anyone who works hard enough can be successful. It is a dream premised on equal opportunity; however, millions of racial, ethnic, religious, and gender minorities have found their opportunities for success limited—even in prison. What accounts for the discriminatory treatment of people who are already imprisoned? Relying on national data and interviews conducted by the author, this book argues that American prisons are not a tool for justice but a tool for the persecution of the weak by the powerful. The book details how African American, American Indian, and Hispanic inmates receive harsher punishments, including solitary confinement, and fewer rehabilitative programs, such as substance abuse treatment and mental health counseling. It also examines other injustices, including how female inmates suffer from a lack of rehabilitative services, Muslim inmates are placed in solitary confinement for practicing their religious beliefs, American Indians are disproportionately punished, and undocumented immigrants are forced from prison to prison in the middle of the night.




When the Innocent are Punished


Book Description

There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.




Punishing Places


Book Description

Punishing Places applies a unique spatial analysis to mass incarceration in the United States. It demonstrates that our highest imprisonment rates are now in small cities, suburbs, and rural areas. Jessica Simes argues that mass incarceration should be conceptualized as one of the legacies of U.S. racial residential segregation, but that a focus on large cities has diverted vital scholarly and policy attention away from communities affected most by mass incarceration today. This book presents novel measures for estimating the community-level effects of incarceration using spatial, quantitative, and qualitative methods. This analysis has broad and urgent implications for policy reforms aimed at ameliorating the community effects of mass incarceration and promoting alternatives to the carceral system.




Punishing the Black Body


Book Description

Punishing the Black Body examines the punitive and disciplinary technologies and ideologies embraced by ruling white elites in nineteenth-century Barbados and Jamaica. Among studies of the Caribbean on similar topics, this is the first to look at the meanings inscribed on the raced, gendered, and classed bodies on the receiving end of punishment. Dawn P. Harris uses theories of the body to detail the ways colonial states and their agents appropriated physicality to debase the black body, assert the inviolability of the white body, and demarcate the social boundaries between them. Noting marked demographic and geographic differences between Jamaica and Barbados, as well as any number of changes within the separate economic, political, and social trajectories of each island, Harris still finds that societal infractions by the subaltern populations of both islands brought on draconian forms of punishments aimed at maintaining the socio-racial hierarchy. Her investigation ranges across such topics as hair-cropping, the 1836 Emigration Act of Barbados and other punitive legislation, the state reprisals following the 1865 Morant Bay Rebellion in Jamaica, the use of the whip and the treadmill in jails and houses of correction, and methods of surveillance, policing, and limiting free movement. By focusing on meanings ascribed to the disciplined and punished body, Harris reminds us that the transitions between slavery, apprenticeship, and post-emancipation were not just a series of abstract phenomena signaling shifts in the prevailing order of things. For a large part of these islands’ populations, these times of dramatic change were physically felt.




Punishing the Poor


Book Description

The punitive turn of penal policy in the United States after the acme of the Civil Rights movement responds not to rising criminal insecurity but to the social insecurity spawned by the fragmentation of wage labor and the shakeup of the ethnoracial hierarchy. It partakes of a broader reconstruction of the state wedding restrictive “workfare” and expansive “prisonfare” under a philosophy of moral behaviorism. This paternalist program of penalization of poverty aims to curb the urban disorders wrought by economic deregulation and to impose precarious employment on the postindustrial proletariat. It also erects a garish theater of civic morality on whose stage political elites can orchestrate the public vituperation of deviant figures—the teenage “welfare mother,” the ghetto “street thug,” and the roaming “sex predator”—and close the legitimacy deficit they suffer when they discard the established government mission of social and economic protection. By bringing developments in welfare and criminal justice into a single analytic framework attentive to both the instrumental and communicative moments of public policy, Punishing the Poor shows that the prison is not a mere technical implement for law enforcement but a core political institution. And it reveals that the capitalist revolution from above called neoliberalism entails not the advent of “small government” but the building of an overgrown and intrusive penal state deeply injurious to the ideals of democratic citizenship. Visit the author’s website.




Discipline Over Punishment


Book Description

Discipline Over Punishment is an exploration of the transformative potential of restorative discipline practices in schools, ranging from the micro-level of one-on-one interactions with students to the macro-level of re-routing the school-to-prison pipeline and improving life outcomes for young people. Gardner, who continues to teach high school in Oakland, CA, has spent nearly 20 years innovating, struggling, and succeeding to implement various restorative justice practices in classrooms and schools around the Bay Area. Using classrooms and schools where he has taught and students, families and educators with whom he has worked, Gardner examines how restorative justice, as a set of beliefs and practices can be a force for justice and equity in our classrooms, schools, and beyond.




The Problem of Punishment


Book Description

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.




Punishing Atrocities through a Fair Trial


Book Description

Over the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities. Tribunals have conducted hundreds of trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries to bring to justice perpetrators of genocide, war crimes, and crimes against humanity. But international courts have struggled to hold perpetrators accountable for these offenses while still protecting the fair trial rights of defendants. Punishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court. It explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.




Sex Offenders: Punish, Help, Change or Control?


Book Description

Sex offending, and in particular child sex offending, is a complex area for policy makers, theorists and practitioners. A focus on punishment has reinforced sex offending as a problem that is essentially ‘other’ to society and discourages engagement with the real scale and scope of sexual offending in the UK. This book looks at the growth of work with sex offenders, questioning assumptions about the range and types of such offenders and what effective responses to these might be. Divided into four sections, this book sets out the growth of a broad legislative context and the emergence of child sexual offenders in criminal justice policy and practice. It goes on to consider a range of offences and victim typologies arguing that work with offenders and victims is complex and can provide a rich source of theoretical and practical knowledge that should be utilised more fully by both policy makers and practitioners. It includes work on female sex offenders, electronic monitoring and animal abuse as well as exploring interventions with sex offenders in three different contexts; prisons, communities and hostels. Bringing together academic, practice and policy experts, the book argues that a clear but complex theoretical and policy approach is required if the risk of re- offending and further victimisation is to be reduced. Ultimately, this book questions whether it makes sense to locate responsibility for responding to sexual offending solely within the criminal justice domain.