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Sentencing Members of Minority Groups: Problems and Prospects for Improvement in Four Countries 对少数群体成员量刑:四个国家的问题与改进前景
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2023-06-06 DOI: 10.1086/725721
Julian V. Roberts, Gabrielle Watson, Rhys Hester
Members of racial, ethnic, and Indigenous minorities have long accounted for disproportionate percentages of prison admissions in Western nations and of prison populations. The minorities affected vary between countries. Discriminatory or differential treatment by criminal justice officials from policing through to parole is part of the problem. Much media and professional attention focuses on sentencing, where the decision-making is most public. An emerging body of research identifies sentencing as a cause—or, at the very least, an amplifier—of minority overincarceration. Solutions aiming to reduce it have been implemented, with varying but modest degrees of success, in the United States, England and Wales, Canada, and Aotearoa New Zealand. Progress toward reducing minority overincarceration has been slow. Most US sentencing commissions have failed to determine the extent to which their guidelines contribute to the problem. The Sentencing Council of England and Wales has taken the limited step of warning judges about racial disparities, without suggesting remedial steps to be taken. Courts in Canada and Aotearoa New Zealand have taken more activist approaches, mitigating sentences when offenders adduce evidence of discrimination or abuse by criminal justice officials.
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引用次数: 1
The COVID-19 Pandemic and the Future of the Prison 新冠肺炎疫情与监狱的未来
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/722434
Shadd Maruna, Gillian Mcnaull, N. O’Neill
Since the discovery of the “jail disease,” probably typhus, in the eighteenth century, health experts have recognized that the prison is a near perfect incubator of contagious disease. Early in the COVID-19 pandemic, therefore, public health authorities and human rights groups advocated immediate and sustained decarceration of overcrowded prisons to save lives and stop the spread of the virus. Yet, decarceration efforts globally were uneven and largely failed to live up to expectations. Instead, prison systems typically sought to control the spread of COVID-19 by imposing strict “lockdowns” on prisoner movement that bordered on long-term solitary confinement in many jurisdictions. The consequences of these severe conditions on prisoners’ mental and physical health are only just emerging. The ramifications for future prison reform efforts may be more profound. If a deadly pandemic is not enough to instigate a reimagining of the role of prison in society, it is unclear what could.
自从18世纪发现“监狱病”(可能是斑疹伤寒)以来,卫生专家已经认识到,监狱几乎是传染病的完美孵化器。因此,在新冠肺炎大流行初期,公共卫生当局和人权团体主张立即持续解除拥挤监狱的监禁,以拯救生命并阻止病毒的传播。然而,全球范围内的强制执行工作参差不齐,基本上没有达到预期。相反,监狱系统通常试图通过对囚犯的流动实施严格的“封锁”来控制新冠肺炎的传播,这在许多司法管辖区几乎是长期单独监禁。这些恶劣条件对囚犯身心健康的影响才刚刚出现。对未来监狱改革工作的影响可能更为深远。如果一场致命的大流行病不足以促使人们重新想象监狱在社会中的作用,那么还不清楚会发生什么。
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引用次数: 6
The Effects of Imprisonment in a Time of Mass Incarceration 大规模监禁时期的监禁效果
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/721018
K. Beckett, Allison Goldberg
Imprisonment has deleterious effects on prisoners’ mental, physical, social, and economic well-being. These harms are long lasting and affect prisoners’ partners and children. In the United States and elsewhere, imprisonment disproportionately inflicts these harms on people of color and people living in poverty. Although imprisonment is regarded as a reasonable and effective means of protecting the public, it is not, when compared with nonconfinement alternatives, an effective way to achieve public safety. Two broad sets of policy reforms would be better: retroactive and prospective sentencing reforms that reduce reliance on confinement for all types of offenses, including violent crimes, and broad initiatives that reduce reliance on prison and jails while also investing in housing, education, treatment, health, and communities. Researchers and policy analysts need to engage in problem-solving research that examines not only incarceration’s effects but alternative ongoing efforts to achieve public safety and justice.
监禁对囚犯的心理、身体、社会和经济健康产生有害影响。这些伤害是长期的,影响到囚犯的伴侣和孩子。在美国和其他地方,监禁对有色人种和贫困人口造成了不成比例的伤害。尽管监禁被视为保护公众的合理有效手段,但与非监禁替代方案相比,它并不是实现公共安全的有效途径。两套广泛的政策改革会更好:追溯性和前瞻性的量刑改革,减少对包括暴力犯罪在内的所有类型犯罪的监禁依赖,以及广泛的举措,减少对监狱和监狱的依赖,同时投资于住房、教育、治疗、健康和社区。研究人员和政策分析师需要参与解决问题的研究,不仅要考察监禁的影响,还要考察实现公共安全和正义的替代性持续努力。
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引用次数: 4
The Peculiar Journey: Race, Racism, and Imprisonment in American History 奇特的旅程:美国历史上的种族、种族主义和监禁
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/722510
R. Crutchfield
“The problem of the twentieth century is the problem of the color-line” wrote W. E. B. Du Bois in The Souls of Black Folk. That remains true in twenty-first-century America, especially in criminal justice systems generally and particularly in prisons. Racial disparities in sentencing and in imprisonment have declined slightly from historic peaks in the 1980s and 1990s but remain stubbornly high. Differential criminal justice system treatment of Blacks and Whites has changed form since the Civil War but endured as convict labor, prison farms, imprisonment rate disparities, contemporary tough-on-crime laws, and police practices that target members of minority groups, places they frequent, and behaviors for which they are disproportionately often arrested. In earlier times, differential treatment was often openly invidious. In more recent times it is nominally color-blind but produces similarly skewed results. We need to understand why and how differential treatment of Black people has persisted through a century and a half of fundamental changes in criminal justice system policies and practices and how this has happened within the context of shifting notions of what race is and what constitutes racism.
杜波依斯在《黑人的灵魂》一书中写道:“二十世纪的问题是颜色线的问题。”。在21世纪的美国,尤其是在刑事司法系统,尤其是监狱中,情况依然如此。量刑和监禁方面的种族差异从20世纪80年代和90年代的历史峰值略有下降,但仍然居高不下。自南北战争以来,刑事司法系统对黑人和白人的区别对待已经改变了形式,但由于罪犯劳动、监狱农场、监禁率差异、当代严厉打击犯罪的法律,以及针对少数群体成员的警察做法、他们经常去的地方,以及他们经常被逮捕的行为,这些都一直存在。在早期,差别待遇常常公开令人反感。在最近的时代,它名义上是色盲的,但会产生类似的扭曲结果。我们需要了解为什么以及如何在一个半世纪以来刑事司法系统政策和做法的根本性变化中,对黑人的区别对待一直存在,以及在种族和种族主义构成观念发生转变的背景下,这种情况是如何发生的。
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引用次数: 2
Punishments, Politics, and Prisons in Western Countries 西方国家的刑罚、政治与监狱
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/721278
M. Tonry
Imprisonment rates and patterns and the professionalism and decency of prison operations vary widely between countries and, within the United States, between states. The explanations for differences are deeply embedded in national or local histories and political cultures; substantial changes are hard to achieve. Day-to-day life even in the “best” prisons is usually drab, monotonous, and unpleasant; in the worst it is squalid, unhealthy, and sometimes terrifying. Conditions for guards and other staff are often little better. The big difference is that they can go home at shift’s end. They are often poorly paid and little respected; work in claustrophobic, stultifying environments; and deal daily with angry, depressed, mentally ill, and otherwise troubled people. The best run, most humane prisons address those challenges as best they can—in some countries, sometimes, reasonably well. Many prisons—in some countries, most—are terrible places. Sometimes that is because policy makers cannot or will not spend the money needed to run them decently, sometimes because they do not much care what goes on inside, and sometimes because they affirmatively want prisoners to suffer. Staff miseries are collateral damage.
监禁率和模式以及监狱运作的专业性和体面性在各国之间以及在美国国内各州之间差异很大。对差异的解释深深植根于国家或地方历史和政治文化;实质性的改变很难实现。即使在“最好”的监狱里,日常生活也通常单调乏味;在最坏的情况下,它是肮脏的,不健康的,有时甚至可怕。警卫和其他工作人员的条件往往好不了多少。最大的区别是他们可以在下班后回家。他们的薪水往往很低,也很少受到尊重;在幽闭恐怖、乏味的环境中工作;每天与愤怒、抑郁、精神病患者和其他有问题的人打交道。运营最好、最人性化的监狱尽其所能应对这些挑战——在一些国家,有时情况相当好。许多监狱——在一些国家,大多数——都是可怕的地方。有时,这是因为政策制定者不能或不会花必要的钱来体面地管理他们,有时是因为他们不太关心里面发生了什么,有时是他们肯定希望囚犯受苦。员工的痛苦是附带损害。
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引用次数: 3
Has the Prison a Future? 监狱有未来吗?
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/722453
Sandra M. Bucerius, M. Tonry
The prison may or may not be always with us. Only time will tell. Half a century ago, it appeared to be in terminal decline. Imprisonment rates were falling inmost developed countries, including theUnited States. Prison abolition movements were emerging, particularly in Scandinavia and the Netherlands, and a call for a “national moratorium on prison construction” was being heard in the United States. Foundations were being laid for what later became known as the restorative justicemovement.New community programs for diversion of cases from the criminal justice system were everywhere proliferating. Most of what we now think of as communitybased penalties—community service, victim-offender mediation, home confinement, day reporting centers, intensive probation supervision, electronic monitoring, financial penalties including day fines, prosecutorial diversion—were being invented or greatly expanded. From the 1940s through themid-1970s, leading practitioners and scholars believed the prison’s days were numbered, except possibly residually for the very most serious crimes and most troubled offenders. In 1942, Hermann Mannheim of the London School of Economics, then and in following decades Britain’s most influential criminologist, observed, “The days of imprisonment as a method of mass treatment of lawbreakers are largely over. What remains of it will have to employ much more scientific methods of selection and treatment in order to survive” (1942, p. 222).
监狱可能会也可能不会永远和我们在一起。只有时间会告诉我们答案。半个世纪前,它似乎处于衰落的边缘。包括美国在内的大多数发达国家的监禁率都在下降。废除监狱的运动正在兴起,特别是在斯堪的纳维亚和荷兰,在美国也听到了“全国暂停建造监狱”的呼吁。为后来被称为恢复性司法运动的运动奠定了基础。从刑事司法系统转移案件的新社区项目到处都在激增。我们现在所认为的大多数基于社区的惩罚——社区服务、受害者-罪犯调解、家庭监禁、日间报告中心、强化缓刑监督、电子监控、包括日间罚款在内的经济惩罚、转移起诉——都是在当时被发明或大大扩展的。从20世纪40年代到70年代中期,主要的从业人员和学者认为,监狱的日子屈指可数,除了可能剩下的最严重的犯罪和最麻烦的罪犯。1942年,伦敦经济学院(London School of Economics)的赫尔曼·曼海姆(Hermann Mannheim)——当时以及随后的几十年里,他是英国最有影响力的犯罪学家——观察到,“将监禁作为一种大规模对待违法者的方法的日子基本上结束了。”剩下的将不得不采用更科学的选择和治疗方法来生存”(1942,p. 222)。
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引用次数: 1
Drug Use Disorders before, during, and after Imprisonment 监禁前、期间和之后的药物使用障碍
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/722353
Ojmarrh Mitchell
Drug-involved offenders have been long overrepresented in prisons. Intensified drug law enforcement in many countries increased both incarceration rates, especially for drug offenses, and numbers of drug-involved prisoners. This is attributable to four features of drugs and drug markets. Drug use disorders typically are not the only problems facing drug-involved prisoners. A high proportion exhibit severe mental health problems such as major depression, personality disorders, and psychotic disorders. Before incarceration, many drug-involved prisoners have unstable housing and are at high risk of homelessness; incarceration increases that risk. The high concentration of drug-involved offenders in prisons presents numerous challenges. After release, the most obvious are high rates of drug relapse and recidivism. Former prisoners have extraordinarily high risks of drug overdoses shortly after release; in the long term, diseases acquired during imprisonment are transmitted in the community. Effective prison-based drug treatment holds promise to break this cycle and mitigate physical and mental health problems of drug-involved prisoners. Unfortunately, access to treatment modalities proven to be effective in reducing drug use and recidivism is limited. A paradigm shift in drug enforcement and treatment is needed to meet the challenges presented by individuals with drug use disorders more effectively.
长期以来,监狱中涉及毒品的罪犯人数过多。许多国家加强禁毒执法,既增加了监禁率,特别是毒品犯罪的监禁率,也增加了涉毒囚犯的人数。这可归因于毒品和毒品市场的四个特点。吸毒障碍通常不是涉毒囚犯面临的唯一问题。很大一部分人表现出严重的心理健康问题,如重度抑郁症、人格障碍和精神障碍。在入狱之前,许多涉毒囚犯的住房不稳定,很有可能无家可归;监禁增加了这种风险。监狱中高度集中的涉毒罪犯带来了许多挑战。刑满释放后,最明显的是高毒品复发率和累犯率。前囚犯在释放后不久吸毒过量的风险非常高;长期而言,在监禁期间染上的疾病会在社区传播。有效的监狱戒毒治疗有望打破这一循环,减轻涉毒囚犯的身心健康问题。不幸的是,获得在减少吸毒和再犯方面被证明有效的治疗方式的机会有限。需要在禁毒执法和治疗方面进行范式转变,以便更有效地应对吸毒障碍患者提出的挑战。
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引用次数: 3
Careers in Criminalization: Reentry, Recidivism, and Repeated Incarceration 在刑事定罪的职业:再入,累犯,和反复监禁
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/721742
B. Western, D. Harding
Criminalization is the process by which people are classified by authorities as criminal and become subject to the control of criminal justice agencies—police, courts, and correctional departments. “Careers in criminalization” refers to sustained criminal justice involvement through repeated incarceration and ongoing police and court contact. Careers in criminalization are produced through a mutually reinforcing process of system-induced harms and criminal justice traps that combine to prolong surveillance and penal control. System-induced harms are physical, psychological, and reputational injuries that may be criminogenic or otherwise impede adjustment to community life. Criminal justice traps are cycles of involvement created through intensive surveillance, compliance enforcement, and system marking. The idea of careers in criminalization has special relevance for understanding prisoner reentry, in which criminal justice institutions and officials sustain surveillance and penal control, delaying social integration.
刑事定罪是指一个人被当局归类为罪犯,并受到刑事司法机构——警察、法院和惩教部门——的控制的过程。“刑事定罪生涯”指的是通过反复监禁和持续与警察和法院接触而持续参与刑事司法。刑事定罪方面的职业是通过系统引起的伤害和刑事司法陷阱相互加强的过程产生的,这些伤害和陷阱相结合,延长了监视和刑事控制。系统引起的伤害是指身体、心理和声誉上的伤害,这些伤害可能构成犯罪或妨碍适应社区生活。刑事司法陷阱是通过严密监视、强制执行和系统标记而形成的参与循环。刑事定罪职业的概念对理解囚犯重返社会具有特殊意义,在这种情况下,刑事司法机构和官员维持监视和刑事控制,推迟了社会融合。
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引用次数: 5
Indigenizing Prisons: A Canadian Case Study 本土化监狱:一个加拿大案例研究
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/720943
Justin Tetrault
Mass incarceration of Indigenous peoples is a fundamental Canadian human rights problem. One response since the 1970s has been to “Indigenize” prisons by teaching Indigenous culture and history, facilitating spirituality, involving Elders and communities in rehabilitation, and creating special prisons called “healing lodges.” Criminologist proponents of “critical prison studies” are widely dismissive of these programs, with some arguing that Indigenized programming advances cultural genocide. They are wrong. University of Alberta Prison Project researchers interviewed nearly 600 prisoners in six prisons across western Canada, of whom 40 percent self-identified as Indigenous. Respondents generally praised Indigenizing initiatives for teaching them about their history and culture and helping them feel empowered and proud of their Indigenous identity. They said the initiatives helped them feel better able to cope with colonial traumas, including residential school and foster care system experiences; created a support network between Elders and fellow prisoners; and facilitated basic religious accommodation. Respondents’ criticisms focused on prison management, particularly security restrictions and staff prejudice that can prevent access to Indigenized resources. Indigenized programming supports the dignity and religious rights of incarcerated Indigenous peoples. Participants wanted expanded, more easily accessible cultural programming.
大规模监禁土著人民是加拿大的一个基本人权问题。自20世纪70年代以来,一种应对措施是通过教授土著文化和历史,促进灵性,让长老和社区参与康复,以及创建称为“治疗小屋”的特殊监狱来“本土化”监狱。“批判性监狱研究”的犯罪学家支持者普遍对这些项目不屑一顾,有些人认为本土化的项目会加剧文化灭绝。他们错了。阿尔伯塔大学监狱项目的研究人员采访了加拿大西部6所监狱的近600名囚犯,其中40%的人认为自己是原住民。受访者普遍赞扬土著化倡议,因为它教会了他们关于自己的历史和文化,并帮助他们感到有权力,并为自己的土著身份感到自豪。他们说,这些举措帮助他们更好地应对殖民时期的创伤,包括寄宿学校和寄养系统的经历;在长者和狱友之间建立支持网络;促进基本宗教住宿。答复者的批评集中在监狱管理方面,特别是安全限制和工作人员偏见,这可能妨碍获得本土化资源。本土化节目支持被监禁的土著人民的尊严和宗教权利。参与者想要扩大,更容易获得的文化节目。
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引用次数: 5
Preface 前言
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2022-01-01 DOI: 10.1086/722452
Michael Tonry
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引用次数: 0
期刊
Crime and Justice-A Review of Research
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