Pub Date : 2023-08-07DOI: 10.1177/14624745231192367
Marisa Omori, Jacqueline G. Lee, Rachel Lautenschlager
While problem-solving courts represent one area in which rehabilitative efforts have expanded within correctional settings as “coercive penal care,” still unexplored is how the blend of rehabilitative and punitive practices might evolve over time. By conducting interviews and observing a new reentry court, we explore how the court's navigation of coercive penal care transforms over time. We argue that initially, the introduction of rehabilitative goals was mostly subverted by the court's existing punitive criminal legal system and organizational structure. This occurred through court actors prioritizing internal over external goals and metrics in the program, and articulating self-responsibilization narratives for success. As the court progressed, court actors shifted toward emphasizing individualism. Increased individualism occurred in recognition of the complex barriers that participants faced, but presented a double-edged sword: actors focused more on the individual needs of participants beyond program requirements, but also increased individual accountability by participants. This greater emphasis on individualization also allowed court actors to resolve sometimes competing rehabilitative and punitive goals through increased discretion.
{"title":"Shifting the practice of coercive penal care over time in a problem-solving court","authors":"Marisa Omori, Jacqueline G. Lee, Rachel Lautenschlager","doi":"10.1177/14624745231192367","DOIUrl":"https://doi.org/10.1177/14624745231192367","url":null,"abstract":"While problem-solving courts represent one area in which rehabilitative efforts have expanded within correctional settings as “coercive penal care,” still unexplored is how the blend of rehabilitative and punitive practices might evolve over time. By conducting interviews and observing a new reentry court, we explore how the court's navigation of coercive penal care transforms over time. We argue that initially, the introduction of rehabilitative goals was mostly subverted by the court's existing punitive criminal legal system and organizational structure. This occurred through court actors prioritizing internal over external goals and metrics in the program, and articulating self-responsibilization narratives for success. As the court progressed, court actors shifted toward emphasizing individualism. Increased individualism occurred in recognition of the complex barriers that participants faced, but presented a double-edged sword: actors focused more on the individual needs of participants beyond program requirements, but also increased individual accountability by participants. This greater emphasis on individualization also allowed court actors to resolve sometimes competing rehabilitative and punitive goals through increased discretion.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122754667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-27DOI: 10.1177/14624745231189242
Mitra Mokhtari
Within the neoliberal era, the university's form and function have shifted. These shifts necessitate an unraveling of the synergies of institutions of higher education with carceral institutions. Building from the scholarship of the “college-prison nexus” and the “academic-prison symbiosis,” this paper converges on the criminology department's role within these synergies. Based on an analysis of department websites and the introductory course syllabi of English-speaking criminology departments in Canada (n = 50), I interrogate the methods used to advertise to students. I identify six markers of entanglement that are part of how departments market themselves in the neoliberal era to the student–consumer. These markers include career prospects, field placements, faculty research, pracademics, job training, and dual/bridging degrees. Utilizing these markers as a departure point, I analyze these indicators of relationships that exist between the university and the carceral apparatus. In doing so, I interrogate how these relationships can (re)produce carceral logics and systems and offer the university an articulated pathway of survival through carceral intrenchment.
{"title":"Markers of entanglement: Survival strategies within the neoliberal university and the promise of carceral futures","authors":"Mitra Mokhtari","doi":"10.1177/14624745231189242","DOIUrl":"https://doi.org/10.1177/14624745231189242","url":null,"abstract":"Within the neoliberal era, the university's form and function have shifted. These shifts necessitate an unraveling of the synergies of institutions of higher education with carceral institutions. Building from the scholarship of the “college-prison nexus” and the “academic-prison symbiosis,” this paper converges on the criminology department's role within these synergies. Based on an analysis of department websites and the introductory course syllabi of English-speaking criminology departments in Canada (n = 50), I interrogate the methods used to advertise to students. I identify six markers of entanglement that are part of how departments market themselves in the neoliberal era to the student–consumer. These markers include career prospects, field placements, faculty research, pracademics, job training, and dual/bridging degrees. Utilizing these markers as a departure point, I analyze these indicators of relationships that exist between the university and the carceral apparatus. In doing so, I interrogate how these relationships can (re)produce carceral logics and systems and offer the university an articulated pathway of survival through carceral intrenchment.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134071331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-05DOI: 10.1177/14624745231184077
Marie Manikis, Nick Doiron
The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This article proposes the use of a communicative theory of punishment developed in sentencing to characterise and account for the state's wrongdoing and harms in the context of a sentence that involves solitary confinement. Specifically, it outlines a justification for an automatic review process of the offender's carceral sentence based on an expanded and relational understanding of censure developed in the literature and proposes a two-step process to implement this review.
{"title":"Solitary confinement as state harm: Reimagining sentencing in light of dynamic censure and state blame","authors":"Marie Manikis, Nick Doiron","doi":"10.1177/14624745231184077","DOIUrl":"https://doi.org/10.1177/14624745231184077","url":null,"abstract":"The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This article proposes the use of a communicative theory of punishment developed in sentencing to characterise and account for the state's wrongdoing and harms in the context of a sentence that involves solitary confinement. Specifically, it outlines a justification for an automatic review process of the offender's carceral sentence based on an expanded and relational understanding of censure developed in the literature and proposes a two-step process to implement this review.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121018185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-02DOI: 10.1177/14624745231185739
O. Khan
{"title":"Book Review: Insecure Guardians: Enforcement, Encounters and Everyday Policing in Postcolonial Karachi by Zoha Waseem","authors":"O. Khan","doi":"10.1177/14624745231185739","DOIUrl":"https://doi.org/10.1177/14624745231185739","url":null,"abstract":"","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131248742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-02DOI: 10.1177/14624745231186001
L. Harry, C. Hoyle, J. Hutton
This article focuses on the cases of 664 foreign nationals, the majority of whom are migrant workers, under sentence of death across the Gulf states (including Jordan and Lebanon) between 2016 and 2021. The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the border by their migrant broker, and once in country, accounts of violent altercations due to disputes about exit visas, and in the case of migrant domestic workers, self-defence against sexual violence. Engaging with the burgeoning literature on immigration, exploitation and criminalisation, as well as scholarship on capital punishment, this article will explore the multiple and unique layers of dependency fostered by the kafala system that place migrant workers at higher risk of the death penalty in these Gulf jurisdictions.
{"title":"Migratory dependency and the death penalty: Foreign nationals facing capital punishment in the Gulf","authors":"L. Harry, C. Hoyle, J. Hutton","doi":"10.1177/14624745231186001","DOIUrl":"https://doi.org/10.1177/14624745231186001","url":null,"abstract":"This article focuses on the cases of 664 foreign nationals, the majority of whom are migrant workers, under sentence of death across the Gulf states (including Jordan and Lebanon) between 2016 and 2021. The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the border by their migrant broker, and once in country, accounts of violent altercations due to disputes about exit visas, and in the case of migrant domestic workers, self-defence against sexual violence. Engaging with the burgeoning literature on immigration, exploitation and criminalisation, as well as scholarship on capital punishment, this article will explore the multiple and unique layers of dependency fostered by the kafala system that place migrant workers at higher risk of the death penalty in these Gulf jurisdictions.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122966592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-02DOI: 10.1177/14624745231184622
N. Loucks
{"title":"Book review: Rights of the Child, Mothers and Sentencing: The Case of Kenya by Alice Wambui Macharia","authors":"N. Loucks","doi":"10.1177/14624745231184622","DOIUrl":"https://doi.org/10.1177/14624745231184622","url":null,"abstract":"","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114455693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-29DOI: 10.1177/14624745231181092
A. Henson
Over the last several decades, research has demonstrated the adverse impact incarceration has on sustaining and strengthening familial bonds. Physical and communication barriers are often noted as lead sources of strain in relationships between incarcerated individuals and their loved ones. Studies have shown that the financial burden of prison can also have deleterious impacts on the family reintegration process upon release, particularly for minoritized populations. The current study adds to the discussion on collateral consequences of the carceral state by introducing temporal debt; a novel concept similar to financial debt in that it results from oppressive policies and builds over generations. Findings detail how the carceral state impacts fathers’ regard for temporal provision and enters Black men into a cycle of temporal poverty. The results encourage readers to consider novel means of addressing harm and violence to decrease the perpetuation of familial harm committed by the criminal legal system beyond reformist efforts that often aim to ease parenting from prison.
{"title":"“The biggest thing you can rob is somebody's time”: Exploring how the carceral state bankrupts fathers through temporal debt","authors":"A. Henson","doi":"10.1177/14624745231181092","DOIUrl":"https://doi.org/10.1177/14624745231181092","url":null,"abstract":"Over the last several decades, research has demonstrated the adverse impact incarceration has on sustaining and strengthening familial bonds. Physical and communication barriers are often noted as lead sources of strain in relationships between incarcerated individuals and their loved ones. Studies have shown that the financial burden of prison can also have deleterious impacts on the family reintegration process upon release, particularly for minoritized populations. The current study adds to the discussion on collateral consequences of the carceral state by introducing temporal debt; a novel concept similar to financial debt in that it results from oppressive policies and builds over generations. Findings detail how the carceral state impacts fathers’ regard for temporal provision and enters Black men into a cycle of temporal poverty. The results encourage readers to consider novel means of addressing harm and violence to decrease the perpetuation of familial harm committed by the criminal legal system beyond reformist efforts that often aim to ease parenting from prison.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131189829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-13DOI: 10.1177/14624745231181093
Christopher D Berk
Much of penal policy is “submerged,” in the sense that Suzanne Mettler uses the term. There are networks of rules and regulations that link public funds, services, and institutions to various private interests with far reaching consequences. These networks are largely a stealth presence in the lives of citizens and their subterranean status, I argue, warps the wider politics of punishment. Resources are circulated along this network in such a way revenue is generated for some, costs cut for others, all in the shadow of public law. To the extent that this kind of redistribution lacks citizens’ consent and approval, it also represents a potentially undemocratic development. Here, I show how the obscured visibility of these public–private connections distorts public attitudes about, and public support for, the US prison state. The final pages draw out the normative implications of that distortion.
{"title":"The submerged prison state: Punishment, private interests, and the politics of public accountability","authors":"Christopher D Berk","doi":"10.1177/14624745231181093","DOIUrl":"https://doi.org/10.1177/14624745231181093","url":null,"abstract":"Much of penal policy is “submerged,” in the sense that Suzanne Mettler uses the term. There are networks of rules and regulations that link public funds, services, and institutions to various private interests with far reaching consequences. These networks are largely a stealth presence in the lives of citizens and their subterranean status, I argue, warps the wider politics of punishment. Resources are circulated along this network in such a way revenue is generated for some, costs cut for others, all in the shadow of public law. To the extent that this kind of redistribution lacks citizens’ consent and approval, it also represents a potentially undemocratic development. Here, I show how the obscured visibility of these public–private connections distorts public attitudes about, and public support for, the US prison state. The final pages draw out the normative implications of that distortion.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121789631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-07DOI: 10.1177/14624745231181600
M. Dubber
{"title":"Book Review: Doing Justice, Preventing Crime by Michael Tonry","authors":"M. Dubber","doi":"10.1177/14624745231181600","DOIUrl":"https://doi.org/10.1177/14624745231181600","url":null,"abstract":"","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130695708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-29DOI: 10.1177/14624745231178906
Kristina Block
A high percentage of people who are incarcerated suffer from health problems that affect them both in prison and after they are released. Environmental hazards and pollutants can exacerbate these problems as well as contribute to the development of new health conditions. One specific type of pollutant that is associated with a wide array of health problems including decreased lung function, cancer, and asthma is particulate matter smaller than 2.5 µm (PM2.5). While prior research indicates that PM2.5 is not equally distributed throughout space, it remains unknown if levels of PM2.5 differ in areas with and without correctional facilities. The current study aims to address this gap by examining if counties with state-run correctional facilities have higher concentrations of PM2.5 relative to counties without state-run correctional facilities in Texas. Results of OLS regression models indicate that counties with one or more state-run correctional facilities have higher concentrations of PM2.5 relative to counties without these facilities. These findings highlight the importance of improving prison healthcare and addressing issues of environmental injustice in correctional facilities.
{"title":"Examining PM2.5 concentrations in counties with and without state-run correctional facilities in Texas","authors":"Kristina Block","doi":"10.1177/14624745231178906","DOIUrl":"https://doi.org/10.1177/14624745231178906","url":null,"abstract":"A high percentage of people who are incarcerated suffer from health problems that affect them both in prison and after they are released. Environmental hazards and pollutants can exacerbate these problems as well as contribute to the development of new health conditions. One specific type of pollutant that is associated with a wide array of health problems including decreased lung function, cancer, and asthma is particulate matter smaller than 2.5 µm (PM2.5). While prior research indicates that PM2.5 is not equally distributed throughout space, it remains unknown if levels of PM2.5 differ in areas with and without correctional facilities. The current study aims to address this gap by examining if counties with state-run correctional facilities have higher concentrations of PM2.5 relative to counties without state-run correctional facilities in Texas. Results of OLS regression models indicate that counties with one or more state-run correctional facilities have higher concentrations of PM2.5 relative to counties without these facilities. These findings highlight the importance of improving prison healthcare and addressing issues of environmental injustice in correctional facilities.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124583550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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