Impending Challenges To Penal Moderation In France And Germany

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Impending Challenges to Penal Moderation in France and Germany

Kirstin Drenkhahn,Fabien Jobard,Tobias Singelnstein
Impending Challenges to Penal Moderation in France and Germany Book PDF

Author : Kirstin Drenkhahn,Fabien Jobard,Tobias Singelnstein
Publisher : Taylor & Francis
Page : 310 pages
File Size : 40,6 Mb
Release : 2023-07-27
Category : Social Science
ISBN : 9781000905564

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Impending Challenges to Penal Moderation in France and Germany by Kirstin Drenkhahn,Fabien Jobard,Tobias Singelnstein Pdf

This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.

Criminalising Coercive Control

Vanessa Bettinson,Ronagh McQuigg
Criminalising Coercive Control Book PDF

Author : Vanessa Bettinson,Ronagh McQuigg
Publisher : Taylor & Francis
Page : 75 pages
File Size : 40,9 Mb
Release : 2023-08-07
Category : Social Science
ISBN : 9781000965254

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Criminalising Coercive Control by Vanessa Bettinson,Ronagh McQuigg Pdf

Drawing on experiences from other jurisdictions within the UK, Criminalising Coercive Control explores the challenges and potential successes which may be faced in implementing Northern Ireland’s new domestic abuse offence. A specific offence of domestic abuse was introduced in Northern Ireland in March 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalising coercive and controlling behaviour, thereby bringing Northern Ireland into line with other jurisdictions within the UK, and also with relevant human rights standards in this regard. The book begins with a discussion regarding the offence itself and the underpinning domestic abuse policy in Northern Ireland. Subsequent chapters explore further measures which may be needed to respond effectively to domestic abuse in Northern Ireland, by drawing upon the experiences of other jurisdictions of criminalising coercive control. These reflections are considered through the lenses of policing, prosecutorial practice and frontline domestic abuse working. Criminalising Coercive Control will be of great interest to students and scholars in a variety of fields, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology. The book is also accessible beyond academia, including practitioners and those in the voluntary sector who are working in the area of combating domestic abuse.

Sexual Offences Against Children in India

Sonali Swetapadma,Paromita Chattoraj
Sexual Offences Against Children in India Book PDF

Author : Sonali Swetapadma,Paromita Chattoraj
Publisher : Taylor & Francis
Page : 151 pages
File Size : 43,7 Mb
Release : 2024-02-01
Category : Law
ISBN : 9781040001530

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Sexual Offences Against Children in India by Sonali Swetapadma,Paromita Chattoraj Pdf

Sexual Offences Against Children in India examines the evolution of the law pertaining to sexual violence against children, the judicial decisions since the inception of the POCSO Act till date with respect to aspects of the POCSO Act and the best practices from other developed jurisdictions for handling cases and victims of child abuse. Despite being prevalent, violence against children is often hidden or underreported, though its impact is widely acknowledged. In a country like India the vocabulary to communicate around sexuality and sexual abuse is almost non-existent. India has seen its journey from having no law on sexual abuse of children to having a “special” law in the form of the Protection of Children against Sexual Offences Act 2012 (POCSO Act). This book demystifies the problem of sexual violence against children in India pre- and post-POCSO Act. There is also a novel attempt to examine the implementation of the POCSO Act in the eastern Indian states of Odisha, Jharkhand and West Bengal, and if its objectives were being attained – in content, in implementation, and in impact. This book will be useful for police, judiciary and government officials, scholars, and researchers studying comparative aspects of dealing with sexual offence cases against children.

Narratives on Prison Governmentality

Marco Nocente
Narratives on Prison Governmentality Book PDF

Author : Marco Nocente
Publisher : Taylor & Francis
Page : 152 pages
File Size : 51,9 Mb
Release : 2023-09-01
Category : Social Science
ISBN : 9781000935103

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Narratives on Prison Governmentality by Marco Nocente Pdf

Narratives on Prison Governmentality explores prison governmentality through the analysis of letters of prisoners. The collection of testimonies represents the opportunities and difficulties of resisting in a place of power, which, in recent years, has become more sophisticated and effective. In recent years there has been a progressive individualisation of the prison population and a continuous erosion of solidarity. The condition of prisoners is influenced by renewed governmental logic that has become more effective for management and even reproduced by the prisoners themselves. Italian prison governmentality has been presented in its softest and hardest discursive forms and material regimes as part of a whole differentiated repertoire. Through the narratives of prison letters, the book shows the sophistication of these carceral logics from the perspective of prisoners engaged in the struggle. Engaging theories of carceral geography and critical criminology, the book focuses on space and time as the dimensions from which to observe power relations and governmentality. Narratives on Prison Governmentality will be of great interest to students and scholars of Penology, Narrative Criminology, Carceral Geography, and Critical Criminology.

Preventing Prison Violence

Armon J. Tamatea,Andrew J. Day,David J. Cooke
Preventing Prison Violence Book PDF

Author : Armon J. Tamatea,Andrew J. Day,David J. Cooke
Publisher : Taylor & Francis
Page : 251 pages
File Size : 44,8 Mb
Release : 2023-09-08
Category : Social Science
ISBN : 9781000951950

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Preventing Prison Violence by Armon J. Tamatea,Andrew J. Day,David J. Cooke Pdf

Preventing Prison Violence introduces the idea of ‘prison ecologies’ – a multi-layered perspective to understanding prison violence as a ‘product’ of human, environment (social and physical), systemic, and societal influences – and how an ecological approach is helpful to prevention efforts. Interpersonal violence is a global concern and a significant cause of death around the world. In prisons, the human, financial, and health burden of violence presents a significant social issue – as well as a ‘wicked problem’ that does not permit of simplistic solutions. Recent innovations in data capture means that questions about violence, gang-affiliations, and prisons that could not be answered previously can now be explored. The central theme of this book is that prisons are ‘ecologies’ – spaces where people, resources, and the built environment are interrelated – and that violence is a product of a complex of interpersonal and environmental factors that increase the likelihood of assault – but also provide opportunities for solutions. Drawing on psychology, geography, indigenous knowledge, gang culture, and predictive modelling, this book expands beyond the conventional individual-focused ‘assessment-intervention-prevention’ approach to research in this field, towards a holistic and ecological way of thinking that recognises individual, organisational, and cultural factors, as well as the role of the physical environment itself in the facilitation and prohibition of aggression. Providing a comprehensive resource for those who are interested in making prisons safer; firmly based in contemporary research and theory, Preventing Prison Violence will be of great interest to students and scholars of Penology, Violence and Forensic Psychology, as well as to professionals working in criminal justice settings.

Restorative Justice at a Crossroads

Giuseppe Maglione,Ian D. Marder,Brunilda Pali
Restorative Justice at a Crossroads Book PDF

Author : Giuseppe Maglione,Ian D. Marder,Brunilda Pali
Publisher : Taylor & Francis
Page : 266 pages
File Size : 43,5 Mb
Release : 2024-02-13
Category : Social Science
ISBN : 9781003850298

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Restorative Justice at a Crossroads by Giuseppe Maglione,Ian D. Marder,Brunilda Pali Pdf

This book reflects on the institutionalisation of restorative justice over the last 20 years and offers a critical analysis of the qualitative consequences generated by such a process on the normative structure of restorative justice, and on its understanding and uses in practice. Bringing together an international collection of leading scholars, this book provides a range of context-sensitive case studies that enhance our understanding of the development of international, national and institutional policy frameworks for restorative justice, the mainstreaming of practices within the criminal justice system, the proliferation of cultural, social and political co-optations of restorative justice and the ways in which the formalisation of the restorative justice movement have affected its values, aims and goals.

War as Protection and Punishment

Teresa Degenhardt
War as Protection and Punishment Book PDF

Author : Teresa Degenhardt
Publisher : Taylor & Francis
Page : 179 pages
File Size : 43,6 Mb
Release : 2023-09-15
Category : Social Science
ISBN : 9781135107383

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War as Protection and Punishment by Teresa Degenhardt Pdf

This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers’ violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimize military conventions.

European Perspectives on Pre-Trial Detention

Christine Morgenstern,Walter Hammerschick,Mary Rogan
European Perspectives on Pre Trial Detention Book PDF

Author : Christine Morgenstern,Walter Hammerschick,Mary Rogan
Publisher : Taylor & Francis
Page : 267 pages
File Size : 50,8 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000953169

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European Perspectives on Pre-Trial Detention by Christine Morgenstern,Walter Hammerschick,Mary Rogan Pdf

High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.

The Impact of Covid-19 on Prison Conditions and Penal Policy

Frieder Dünkel,Stefan Harrendorf,Dirk van Zyl Smit
The Impact of Covid 19 on Prison Conditions and Penal Policy Book PDF

Author : Frieder Dünkel,Stefan Harrendorf,Dirk van Zyl Smit
Publisher : Routledge
Page : 588 pages
File Size : 49,6 Mb
Release : 2022-04-19
Category : Social Science
ISBN : 9781000553611

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The Impact of Covid-19 on Prison Conditions and Penal Policy by Frieder Dünkel,Stefan Harrendorf,Dirk van Zyl Smit Pdf

The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.

Consent, Stealthing and Desire-Based Contracting in the Criminal Law

Brianna Chesser,Nadia David,April Zahra
Consent Stealthing and Desire Based Contracting in the Criminal Law Book PDF

Author : Brianna Chesser,Nadia David,April Zahra
Publisher : Routledge
Page : 105 pages
File Size : 53,9 Mb
Release : 2021-12-24
Category : Law
ISBN : 9781000537925

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Consent, Stealthing and Desire-Based Contracting in the Criminal Law by Brianna Chesser,Nadia David,April Zahra Pdf

Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.

The Virtual Reality of Imprisonment in Russia

Laura Piacentini,Elena Katz
The Virtual Reality of Imprisonment in Russia Book PDF

Author : Laura Piacentini,Elena Katz
Publisher : Routledge
Page : 296 pages
File Size : 41,7 Mb
Release : 2022-04-28
Category : Social Science
ISBN : 9781351593175

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The Virtual Reality of Imprisonment in Russia by Laura Piacentini,Elena Katz Pdf

In outlining the online expressions of penal life, this book disrupts the conventional human encounters that underpin empirical criminological scholarship on prisons because, figuratively speaking, prisons in Russia are de-nesting from their institutional moorings and borders. Using the online world of Runet as the research site and presenting research from selectively drawn evidence gathered from secondary data from prison-related websites, it explores the ‘moving walls’ of the prison from socio-political and cultural perspectives. The book discusses how prisoners and their families articulate and give meaning to their experiences when they are online, and while doing so develop their rights awareness. This book is a pioneering methodological, criminological and theoretical study, the first of its kind in global criminology and humanities, and because it is forging a new path for penal scholarship, cannot be all-encompassing but rather acts as a ‘map’ for other researchers in different fields to use. It will be useful for scholars working in comparative fields and jurisdictions on the subject of prisons, rights and how the internet is being utilised by prisoners, their families and communities organised around prison activism.

Responses to Serious Offending by Children

Nessa Lynch,Yannick van den Brink,Louise Forde
Responses to Serious Offending by Children Book PDF

Author : Nessa Lynch,Yannick van den Brink,Louise Forde
Publisher : Taylor & Francis
Page : 262 pages
File Size : 52,8 Mb
Release : 2022-05-30
Category : Social Science
ISBN : 9781000582406

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Responses to Serious Offending by Children by Nessa Lynch,Yannick van den Brink,Louise Forde Pdf

This book explores the principles, practice and challenges in determining justice system responses to serious offending by children globally. Divided into four parts, the book provides a balance of theoretical and empirical insights. Anchored in a theoretical framework based on the human rights of children, as set out in the UN Convention on the Rights of the Child, it considers the relationship between scientific evidence (such as brain development) and the human rights framework, before going to explore the diversity of responses to children who are found responsible for serious offences. It brings together experts from various disciplines to fill a gap relating to serious offending by children in the literature. Scholars from Africa, Latin America and Asia, as well as Europe, North America and Oceania provide perspectives from legally, socially and culturally distinct jurisdictions. The first part focuses on the theoretical framework and explores the applicable standards and principles, including the relevant human rights framework and penological approaches to sentencing children for serious crimes. The second part analyses available empirical evidence, including evidence relating to the profiles of children who commit serious crimes, child and adolescent development, effective sentencing approaches and evidence of disparities in responses to serious offending by children. The third part provides a discussion of justice system responses to serious offending by children in a range of jurisdictions or regions with diverse and distinct legal, social and cultural contexts. Finally, the book uses the theoretical framework, empirical evidence, and case studies of jurisdictions to reflect on how principles relating to responses to serious offending by children can be translated into practice, and to highlight key debates and issues that will need to be explored into the future. Adding much-needed international perspectives to the scholarship addressing the issue, this book will be of great interest to academics, students, legal practitioners and social work professionals working on youth justice and children’s rights across the globe.

Life Without Parole

Ross Kleinstuber,Jeremiah Coldsmith,Margaret E. Leigey,Sandra Joy
Life Without Parole Book PDF

Author : Ross Kleinstuber,Jeremiah Coldsmith,Margaret E. Leigey,Sandra Joy
Publisher : Routledge
Page : 292 pages
File Size : 54,8 Mb
Release : 2022-04-19
Category : Social Science
ISBN : 9781000574715

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Life Without Parole by Ross Kleinstuber,Jeremiah Coldsmith,Margaret E. Leigey,Sandra Joy Pdf

This book is an in-depth critical examination of all pertinent aspects of life without parole (LWOP). Empirically assessing key arguments that advance LWOP, including as an alternative to the death penalty, it reveals that not only is the punishment cruel while not providing any societal benefits, it is actually detrimental to society. Over the last 30 years, LWOP has exploded in the United States. While the use of capital punishment over that same time period has declined, it must be recognized that LWOP is, in fact, a hidden death sentence. It is, however, implemented in a way that allows society to largely ignore this truth. While capital punishment has rightfully been subject to intense debate and scholarship, LWOP has mostly escaped such scrutiny. In fact, LWOP has been touted by both death penalty abolitionists and by tough-on-crime conservatives, which has allowed it to flourish under the radar. Specifically, abolitionists have advanced LWOP as a palatable alternative to capital punishment, which they perceive as inhumane, error-prone, costly, and racially biased. Conservatives, meanwhile, advocate for LWOP as an effective means of fighting crime, a just form of retribution, and necessary tool for managing incorrigible offenders. This book seeks to tap into and help inform this growing debate by subjecting these key arguments to empirical scrutiny. The results of those analyses fail to produce any evidence in support of any of those various justifications and therefore suggest that LWOP should be abolished and replaced with life sentences that come with parole eligibility after a maximum of 25 years. The book will be of great interest to students and scholars of criminology and criminal justice and will also have crossover appeal into the fields of law, political science, and sociology. It will also appeal to criminal justice professionals, lawmakers, activists, and attorneys, as well as death penalty abolitionists, opponents of mass incarceration, advocates for sentencing reform, and supporters of prisoners’ rights.

Policing and Boundaries in a Violent Society

Guy Lamb
Policing and Boundaries in a Violent Society Book PDF

Author : Guy Lamb
Publisher : Routledge
Page : 234 pages
File Size : 51,6 Mb
Release : 2022-01-31
Category : Political Science
ISBN : 9781000536041

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Policing and Boundaries in a Violent Society by Guy Lamb Pdf

This book explores how social and territorial boundaries have influenced the approaches and practices of the South Africa Police Service (SAPS). By means of a historical analysis of South Africa, this book introduces a new concept, ‘police frontierism’, which illuminates the nature of the relationships between the police, policing and boundaries, and can potentially be used for future case study research. Drawing on a wealth of research, this book examines how social and territorial boundaries strongly influenced police practices and behaviour in South Africa, and how social delineations amplify and distort existing police prejudices against those communities on the other side of the boundary. Focusing on cases of high-density police operations, public-order policing and the recent policing of the COVID-19 lockdown, this book argues that poor economic conditions combined with an increased militarisation of the SAPS and a decline in public trust in the police will result in boundaries continuing to fundamentally inform police work in South Africa. This book will be of interest to scholars and students interested in policing in post-colonial societies characterised by high levels of violence, as well as police work and police militarization.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 41,8 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.