Pub Date : 2023-11-09DOI: 10.1177/14624745231213860
Filip Vojta
{"title":"Book Review: <i>Why Punish Perpetrators of Mass Atrocities? Purposes of Punishment in International Criminal Law</i> by Florian Jeßberger and Julia Geneuss","authors":"Filip Vojta","doi":"10.1177/14624745231213860","DOIUrl":"https://doi.org/10.1177/14624745231213860","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":" 38","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135242296","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 : 2023-11-09DOI: 10.1177/14624745231204476
Netanel Dagan
Despite being depicted as powerful actors, the work of the State's representatives in parole hearings has to date remained largely invisible. In this study, we aimed to fill this gap through a qualitative analysis of the oral arguments of prosecutors in 130 lifers’ parole board hearings in Israel. The findings suggest that prosecutors construct lifers’ parole hearings as an adversarial, yet asymmetrical, “boxing match.” Three themes were unveiled: Prosecutors construct the lifers as worthy of re-censure; view the lifers as solely responsible for their parole release; and construct the lifers as inherently suspicious individuals. In conclusion, prosecutors’ parole work seems to be more a defense of their shared professional identity as crime fighters than a promotion of an individualized, inclusive, and future-oriented parole decision-making process.
{"title":"Parole as a boxing match: Lifers, prosecution, and the adversarial making of parole hearings","authors":"Netanel Dagan","doi":"10.1177/14624745231204476","DOIUrl":"https://doi.org/10.1177/14624745231204476","url":null,"abstract":"Despite being depicted as powerful actors, the work of the State's representatives in parole hearings has to date remained largely invisible. In this study, we aimed to fill this gap through a qualitative analysis of the oral arguments of prosecutors in 130 lifers’ parole board hearings in Israel. The findings suggest that prosecutors construct lifers’ parole hearings as an adversarial, yet asymmetrical, “boxing match.” Three themes were unveiled: Prosecutors construct the lifers as worthy of re-censure; view the lifers as solely responsible for their parole release; and construct the lifers as inherently suspicious individuals. In conclusion, prosecutors’ parole work seems to be more a defense of their shared professional identity as crime fighters than a promotion of an individualized, inclusive, and future-oriented parole decision-making process.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":" 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135241975","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 : 2023-11-09DOI: 10.1177/14624745231214057
Doris Schartmueller
{"title":"Book review: <i>Parole on Probation: Parole Decision-Making, Public Opinion and Public Confidence</i> by Robin Fitzgerald, Arie Freiberg, Shannon Dodd and Lorana Bartels","authors":"Doris Schartmueller","doi":"10.1177/14624745231214057","DOIUrl":"https://doi.org/10.1177/14624745231214057","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":" 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135291348","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 : 2023-11-03DOI: 10.1177/14624745231211292
Jake Phillips
Criminal justice institutions are held to account in a number of ways yet there is limited knowledge as to how these systems of regulation function. One primary method for regulating systems of punishment is through the use of independent inspectorates, yet very little empirical research has explored how inspectorates engage with the organisations they inspect nor how inspection is received by inspected organisations. Procedural justice theory has been used to understand compliance with laws. It can also shed light on compliance with systems of accountability, although there is a dearth of research in this area. Thus, our understanding of how regulation works in situ is limited. This article uses procedural justice theory to analyse data that were collected in England and Wales to explore how His Majesty's Inspectorate of Probation garners legitimacy from those it inspects. The article suggests that the Inspectorate is seen to be trustworthy and impartial, treats people with respect and provides them with a voice although there is variance between groups. The article contributes to (1) our understanding of how regulation works in the field of probation and (2) procedural justice theory by exposing the mechanisms that underpin compliance with regulatory regimes in institutional settings.
{"title":"Regulating criminal justice: The role of procedural justice and legitimacy in the inspection of probation in England and Wales","authors":"Jake Phillips","doi":"10.1177/14624745231211292","DOIUrl":"https://doi.org/10.1177/14624745231211292","url":null,"abstract":"Criminal justice institutions are held to account in a number of ways yet there is limited knowledge as to how these systems of regulation function. One primary method for regulating systems of punishment is through the use of independent inspectorates, yet very little empirical research has explored how inspectorates engage with the organisations they inspect nor how inspection is received by inspected organisations. Procedural justice theory has been used to understand compliance with laws. It can also shed light on compliance with systems of accountability, although there is a dearth of research in this area. Thus, our understanding of how regulation works in situ is limited. This article uses procedural justice theory to analyse data that were collected in England and Wales to explore how His Majesty's Inspectorate of Probation garners legitimacy from those it inspects. The article suggests that the Inspectorate is seen to be trustworthy and impartial, treats people with respect and provides them with a voice although there is variance between groups. The article contributes to (1) our understanding of how regulation works in the field of probation and (2) procedural justice theory by exposing the mechanisms that underpin compliance with regulatory regimes in institutional settings.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"9 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135821494","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 : 2023-11-03DOI: 10.1177/14624745231210173
Jonathan Simon
{"title":"Book review: <i>Penality in the Underground: The IRA’s Pursuit of Informers</i> by Ron Dudai","authors":"Jonathan Simon","doi":"10.1177/14624745231210173","DOIUrl":"https://doi.org/10.1177/14624745231210173","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"1 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135821326","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 : 2023-10-25DOI: 10.1177/14624745231210154
Edwin Schreeche-Powell
{"title":"Book review: <i>Power, and Pain in the Modern Prison: The Society of Captives Revisited</i> by Ben Crewe, Andrew Goldsmith and Mark Halsey","authors":"Edwin Schreeche-Powell","doi":"10.1177/14624745231210154","DOIUrl":"https://doi.org/10.1177/14624745231210154","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135113742","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 : 2023-10-23DOI: 10.1177/14624745231210172
Enshen Li
{"title":"Book review: <i>Governance, Social Control and Legal Reform in China: Community Sanctions and Measures</i> by Qi Chen","authors":"Enshen Li","doi":"10.1177/14624745231210172","DOIUrl":"https://doi.org/10.1177/14624745231210172","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135413469","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 : 2023-10-19DOI: 10.1177/14624745231208181
Fernando Avila
{"title":"Book review: <i>Prisons and crime in Latin America</i> by Marcelo Bergman & Fondevila Gustav","authors":"Fernando Avila","doi":"10.1177/14624745231208181","DOIUrl":"https://doi.org/10.1177/14624745231208181","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135780250","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 : 2023-10-17DOI: 10.1177/14624745231208177
Judah Oudshoorn
One of the central concerns of abolitionists is not falling into the trap of implementing reforms in the criminal punishment system that maintains hegemonic, oppressive power structures. The challenge is determining which reforms lead toward abolition and which are reformist reforms, entrenching the status quo. This critical, narrative study analyzed a reform in Canada, Section 718.2(e) of the Criminal Code (e.g., Gladue), intended to remediate systemic anti-Indigenous racism at sentencing by requiring judges to consider all alternatives to incarceration when sentencing Indigenous peoples. Yet despite the reform in place, Indigenous incarceration rates continue to rise precipitously in Canada. How is it that the Canadian state, even when claiming “remediation,” keeps producing the same—oppressive—result toward Indigenous peoples? Twenty-one semi-structured interviews were conducted with judges from the Ontario Court of Justice ( n = 12) and Gladue report writers ( n = 9) about the utility of Gladue reports. The findings indicate that Gladue is mostly a reformist reform. The article theorizes that a way out of the reformist reform of Gladue, toward abolition, is through honoring Indigenous self-determination and providing reparations in support of Indigenous-led justice.
{"title":"Theorizing a way out of reformist reforms: Gladue reports and penal abolition","authors":"Judah Oudshoorn","doi":"10.1177/14624745231208177","DOIUrl":"https://doi.org/10.1177/14624745231208177","url":null,"abstract":"One of the central concerns of abolitionists is not falling into the trap of implementing reforms in the criminal punishment system that maintains hegemonic, oppressive power structures. The challenge is determining which reforms lead toward abolition and which are reformist reforms, entrenching the status quo. This critical, narrative study analyzed a reform in Canada, Section 718.2(e) of the Criminal Code (e.g., Gladue), intended to remediate systemic anti-Indigenous racism at sentencing by requiring judges to consider all alternatives to incarceration when sentencing Indigenous peoples. Yet despite the reform in place, Indigenous incarceration rates continue to rise precipitously in Canada. How is it that the Canadian state, even when claiming “remediation,” keeps producing the same—oppressive—result toward Indigenous peoples? Twenty-one semi-structured interviews were conducted with judges from the Ontario Court of Justice ( n = 12) and Gladue report writers ( n = 9) about the utility of Gladue reports. The findings indicate that Gladue is mostly a reformist reform. The article theorizes that a way out of the reformist reform of Gladue, toward abolition, is through honoring Indigenous self-determination and providing reparations in support of Indigenous-led justice.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135993986","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 : 2023-10-17DOI: 10.1177/14624745231208183
Allely Albert
Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically associated with reentry, contributing to a “strength-based” approach to desistance, impacting factors such as employment, social bonds, internal narratives, and agency. This work also enables individuals to showcase their desistance to others, highlighting their “earned redemption” and encouraging society to acknowledge that reentry is a two-way street.
{"title":"“Social workers by day and terrorists by night?” Wounded healers, restorative justice, and ex-prisoner reentry","authors":"Allely Albert","doi":"10.1177/14624745231208183","DOIUrl":"https://doi.org/10.1177/14624745231208183","url":null,"abstract":"Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically associated with reentry, contributing to a “strength-based” approach to desistance, impacting factors such as employment, social bonds, internal narratives, and agency. This work also enables individuals to showcase their desistance to others, highlighting their “earned redemption” and encouraging society to acknowledge that reentry is a two-way street.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135943942","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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