Contrasts In Punishment

Why do some modern societies punish their offenders differently to others? Why are some more punitive and others more tolerant in their approach to offending and how can these differences be explained? Based on extensive historical analysis and fieldwork in the penal systems of England, Australia and New Zealand on the one hand and Finland, Norway and Sweden on the other, this book seeks to answer these questions. The book argues that the penal differences that currently exist between these two clusters of societies emanate from their early nineteenth-century social arrangements, when the Anglophone societies were dominated by exclusionary value systems that contrasted with the more inclusionary values of the Nordic countries. The development of their penal programmes over this two hundred year period, including the much earlier demise of the death penalty in the Nordic countries and significant differences between the respective prison rates and prison conditions of the two clusters, reflects the continuing influence of these values. Indeed, in the early 21st century these differences have become even more pronounced. John Pratt and Anna Eriksson offer a unique contribution to this topic of growing importance: comparative research in the history and sociology of punishment. This book will be of interest to those studying criminology, sociology, punishment, prison and penal policy, as well as professionals working in prisons or in the area of penal policy across the six societies that feature in the book.

Why do some modern societies punish their offenders differently to others? Why are some more punitive and others more tolerant in their approach to offending and how can these differences be explained? Based on extensive historical analysis and fieldwork in the penal systems of England, Australia and New Zealand on the one hand and Finland, Norway and Sweden on the other, this book seeks to answer these questions.

This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking. The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.

The Labour government has embarked upon a root-and-branch remaking of the criminal justice system in England and Wales, with a mass of new legislation and constant high profile for criminal justice issues. This text explores the origins and wider implications of these policy developments.

Historical and contemporary philosophical writings on punishment. Bringing together classic and contemporary texts, this collection considers general philosophical concepts about and justifications for punishment, along with particular issues such as the death penalty and possible alternatives to punishment. New to the second edition are sections on prison labor, solitary confinement, and issues relating to the punishment of people of color, women, and the poor. Drawing from philosophy, law, literature, and activism, Gertrude Ezorsky provides a comprehensive and up-to-date account of the philosophical issues underlying and growing out of punishment.

Most youth who come in conflict with the law have experienced some form of trauma, yet many justice professionals are ill-equipped to deal with the effects trauma has on youth and instead reinforce a system that further traumatizes young offenders while ignoring the needs of victims. By taking a trauma-informed perspective, this text provides a much-needed alternative—one that allows for interventions based on principles of healing and restorative justice, rather than on punishment and risk assessment. In addition to providing a comprehensive historical overview of youth justice in Canada, Judah Oudshoorn addresses the context of youth offending by examining both individual trauma—including its emotional, cognitive, and behavioural effects—and collective trauma. The author tackles some of the most difficult problems facing youth justice today, especially the ongoing cycles of intergenerational trauma caused by the colonization of Indigenous peoples and patriarchal violence, and demonstrates how a trauma-informed approach to youth justice can work toward preventing crime and healing offenders, victims, and communities. Featuring a foreword written by Howard Zehr, case stories from the author’s own work with victims and offenders, questions for reflection, and annotated lists of recommended readings, this engaging text is the perfect resource for college and university students in the field of youth justice.

A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.