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Prosecutors as punishers: A case study of Trump-era practices 作为惩罚者的检察官:特朗普时代实践的案例研究
Pub Date : 2023-03-30 DOI: 10.1177/14624745231166311
Mona Lynch
Recent punishment and society scholarship has addressed the limits of policy reforms aimed at reducing mass incarceration in the U.S. This work has focused in particular on the political dimensions of penal legal reform and policy-making, and the compromises and shortcomings in those processes. Nearly absent in this scholarship, however, has been empirical and theoretical engagement with the role of front-line prosecutors as facilitators and/or resistors to downsizing efforts. Using the case of the U.S. federal criminal legal system's modest efforts to decrease the system's racially disparate and punitive outcomes, this paper elucidates the fragile nature of such reforms by delineating the critical role that front-line prosecutors play in maintaining punitive approaches. Focusing specifically on federal prosecutorial policy and practices in the Trump era, I draw on a subset of data from an interdisciplinary, multi-methodological project set in distinct federal court jurisdictions in the U.S. to examine how front-line prosecutors were able to quickly reverse course on reform through the use of their uniquely powerful charging and plea-bargaining tools. My findings illustrate how federal prosecutors pursued more low-level defendants, and utilized statutory “hammers,” including mandatory minimums and mandatory enhancements to ensure harsh punishments in a swift return to a war-on-crime.
最近的惩罚和社会学术研究解决了旨在减少美国大规模监禁的政策改革的局限性。这项工作特别关注刑法改革和政策制定的政治层面,以及这些过程中的妥协和缺点。然而,在这项学术研究中,几乎没有对一线检察官作为精简努力的促进者和/或阻力者的角色进行实证和理论参与。本文以美国联邦刑事司法系统为减少系统的种族差异和惩罚性结果所做的适度努力为例,通过描述一线检察官在维持惩罚性方法中发挥的关键作用,阐明了这种改革的脆弱性。我特别关注特朗普时代的联邦检察政策和做法,从一个跨学科、多方法的项目中提取了一部分数据,这些项目设置在美国不同的联邦法院管辖区,以研究一线检察官如何能够通过使用其独特的强大收费和辩诉交易工具迅速扭转改革进程。我的发现说明了联邦检察官如何追捕更多的低级被告,并利用法定的“铁锤”,包括强制性的最低限度和强制性的加强,以确保严厉的惩罚,迅速回到对犯罪的战争。
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引用次数: 2
Punishment as text 作为文本的惩罚
Pub Date : 2023-03-28 DOI: 10.1177/14624745231165380
Netanel Dagan, A. Zimran
Punishment is often performed through judicial texts. Narrative criminology scholarship, however, has paid little attention to how criminalised people engage with these texts when constructing their self-narratives. To fill this gap, based on qualitative findings from formerly incarcerated people in Israel, this paper aimed to theorise their engagement with their sentencing remarks (SR). We found that they experienced their SR as text that held communicative, transformative and physical dimensions. The findings showed that SR impacted criminalised persons by individualising the penal dialogue, transforming their identity, and serving as objects for performing rituals during their imprisonment and upon release. The findings contribute to an understanding of the connection between judicial work and incarcerated people's desistance and identity-making processes through the textual bridge of SR.
惩罚通常是通过司法文本来执行的。然而,叙事犯罪学研究很少关注被定罪的人在构建自我叙事时如何与这些文本互动。为了填补这一空白,基于对以色列前被监禁者的定性调查结果,本文旨在将他们与量刑言论(SR)的接触理论化。我们发现他们将SR体验为具有交流、变革和物理维度的文本。调查结果表明,在监禁期间和释放期间,SR通过使刑事对话个性化、改变他们的身份以及作为进行仪式的对象,对被定罪者产生了影响。研究结果有助于通过SR的文本桥梁理解司法工作与被监禁人的抵抗和身份形成过程之间的联系。
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引用次数: 0
‘Time's relentless melt’: The severity of life imprisonment through the prism of old age “时间无情的融化”:从老年的棱镜看终身监禁的严重性
Pub Date : 2023-02-07 DOI: 10.1177/14624745231154880
Marion Vannier, A. Nellis
This paper considers the pains of life-sentence imprisonment through the novel vantage point of old age understood as a process. Our prison populations are getting older and the use of life sentences is dramatically increasing. Yet, research, campaigning, law and policy have not addressed the long-term consequences of imposing life sentences on prisoners who will age. Whilst far from exhaustive, our study draws on studies in gerontology, health policy and penology. We rely on shared analysis of collected official data from the US and the UK to highlight how the expansion and growth of life sentences on the one hand, and the dramatic aging of the prison population, on the other, are intertwined and need to be considered together. This article emphasizes the urgency of taking a holistic approach to penal severity, one that includes analyses of scale, lived experiences, as well as of law and politics, to uncover the multiple forms of marginalization elderly prisoners are exposed to. Aging is a phenomenon we will all experience, yet, in the context of imprisonment, we argue that old age is a ‘prison problem’ rather than a ‘prisoner problem,’, urging research and policy to depart from the conventional and reductive view of the older prisoner as one in need of transformation and treatment or as being inherently criminal.
本文通过将老年理解为一个过程的新颖视角来思考终身监禁的痛苦。我们的监狱人口正在变老,无期徒刑的使用正在急剧增加。然而,研究、运动、法律和政策都没有解决对即将变老的囚犯判处终身监禁的长期后果。虽然远非详尽无遗,但我们的研究借鉴了老年学、卫生政策和刑罚学方面的研究。我们依靠从美国和英国收集的官方数据的共享分析来强调,一方面,无期徒刑的扩大和增长,另一方面,监狱人口的急剧老龄化是如何交织在一起的,需要一起考虑。本文强调了对刑罚严重度采取整体方法的紧迫性,该方法包括对规模、生活经历以及法律和政治的分析,以揭示老年囚犯面临的多种形式的边缘化。老龄化是一种我们都会经历的现象,然而,在监禁的背景下,我们认为老年是一个“监狱问题”而不是“囚犯问题”,敦促研究和政策摆脱传统的和简化的观点,即老年囚犯需要改造和治疗,或者天生就是罪犯。
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引用次数: 0
Haven't they suffered enough? Time to exoneration following wrongful conviction of racially marginalized minority- vs. majority-group members 他们受的苦还不够多吗?是时候在种族边缘化的少数群体与多数群体成员的错误定罪后免除责任了
Pub Date : 2023-01-09 DOI: 10.1177/14624745221148318
Eran Itskovich, Roni Factor, Daniel Ohana
Studies on the criminal justice process up to the point of conviction show that defendants who belong to racially marginalized groups suffer a greater risk of being wrongfully convicted. However, little attention has been paid to the period after conviction. Applying multilevel analysis to data from the National Registry of Exonerations in the United States, we compare the length of the exoneration process for members of racially marginalized minority groups who are shown to have been wrongfully convicted compared with their counterparts from the white majority group. Our results indicate that exonerees from racially marginalized groups serve more time out of their sentence compared to those who are white. Further analysis shows that these differences exist only with respect to exonerees in Republican-controlled states. These findings suggest that not only are racially marginalized minorities wrongfully convicted at higher rates, as found in previous studies, but also that they suffer longer periods of unjustified punishment.
对刑事司法程序直至定罪的研究表明,属于种族边缘群体的被告被错误定罪的风险更大。然而,很少有人关注定罪后的这段时间。我们对美国国家免罪登记处的数据进行了多层次分析,比较了被证明被错误定罪的种族边缘化少数群体成员与白人多数群体成员的免罪过程的长度。我们的研究结果表明,与白人相比,来自种族边缘群体的无罪囚犯服刑时间更长。进一步的分析表明,这些差异只存在于共和党控制的州的无罪犯身上。这些发现不仅表明,像之前的研究发现的那样,被种族边缘化的少数族裔被错误定罪的比例更高,而且他们遭受不合理惩罚的时间更长。
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引用次数: 0
Cultural differences in control: How Thailand's order-centric legal mentality shapes its constraining lower-court practices 控制中的文化差异:泰国以秩序为中心的法律思维如何塑造其约束性的下级法院实践
Pub Date : 2023-01-08 DOI: 10.1177/14624745221148662
Thanyanuch Tantikul
Studies in comparative penology still lack English writings about penal cultures in non-Anglo-European countries, particularly those that steer their focus away from imprisonment. This article fills this gap by giving accounts of penal control in Thailand and how its criminal justice practices differ from the Western models by which they were inspired. Although quite similar in forms, Thai court routines diverge from the West in the tightness of procedural control over defendants. This is the legacy of a selective importation of Western knowledge in response to Western colonial pressures in the past. With its own version of the rule of law and judicial culture of conformity, order is prioritised and control is emphasised arguably to the detriment of proportionality and due protection of defendants’ rights. Such contrast to the liberal rights-based spirits of the Western-styled rule of law reflects cultural and socio-political differences which influence local adaptations of the Western-originated concepts. Although the propensity for crime control is defensibly prominent in many Western jurisdictions nowadays, this paper explains the Thai divergence in the underpinning legal mentality and intensity of control.
比较刑罚学的研究仍然缺乏关于非盎格鲁-欧洲国家刑罚文化的英文著作,尤其是那些将研究重点从监禁转移开的国家。这篇文章填补了这一空白,介绍了泰国的刑事控制,以及其刑事司法实践与西方模式的不同之处。尽管形式上十分相似,但泰国法庭程序在对被告的严格程序控制方面与西方有所不同。这是过去为了应对西方殖民压力而选择性输入西方知识的遗留问题。由于其自身的法治和司法文化的一致性,秩序被优先考虑,控制被强调,可以说损害了相称性和对被告权利的应有保护。这种与以自由权利为基础的西方式法治精神的对比反映了文化和社会政治差异,这些差异影响了西方起源概念在当地的适应。虽然犯罪控制的倾向在当今许多西方司法管辖区都是显而易见的突出,但本文解释了泰国在基本法律心态和控制强度方面的分歧。
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引用次数: 0
Reuben Jonathan Miller, Halfway Home: Race, Punishment, and the Afterlife of Mass Incarceration 鲁本·乔纳森·米勒,《中途回家:种族、惩罚和大规模监禁的来世》
Pub Date : 2023-01-02 DOI: 10.1177/14624745221143516
M. L. Walker
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引用次数: 0
"I have to be a man for my son": The narrative uses of fatherhood in prison. “为了我的儿子,我必须成为一个男人”:叙述者在监狱中使用了父亲的角色。
Pub Date : 2023-01-01 DOI: 10.1177/14624745211018760
William J Schultz, Sandra M Bucerius, Kevin D Haggerty

Research on incarcerated fathers tends to accentuate the harmful familial consequences of parental incarceration and discuss how having children might prompt incarcerated fathers to desist from crime. Less attention has focused on how narratives of fatherhood shape the day-to-day dynamics of incarceration. Drawing on 93 qualitative interviews with incarcerated fathers in Western Canada, we focus specifically on our participants' parenting narratives. Such narratives are significant interventions in the world, allowing incarcerated fathers to frame their identities in particular ways while simultaneously shaping personal behaviour. Our research, 1. Identifies important fatherhood narratives provided by our participants, and 2. Details how such narratives operate in prison, allowing our participants to advance personal agendas that are themselves related to the dynamics of incarceration. In doing so, we provide insights into incarcerated fathers' situations and advance criminological efforts to appreciate how different actors entangled in the criminal justice system conceive, manage, and narrate their situation.

对被监禁父亲的研究往往会强调父母被监禁的有害家庭后果,并讨论有孩子如何可能促使被监禁的父亲停止犯罪。很少有人关注父亲身份的叙述是如何塑造监禁的日常动态的。通过对加拿大西部93名被监禁父亲的定性访谈,我们特别关注参与者的育儿故事。这样的叙述是世界上重要的干预措施,允许被监禁的父亲以特定的方式塑造他们的身份,同时塑造个人行为。我们的研究,1。2.确定参与者提供的重要的父亲叙述;详细说明这种叙事如何在监狱中运作,让我们的参与者推进个人议程,这些议程本身与监禁的动态有关。在此过程中,我们提供了对监禁父亲情况的见解,并推进了犯罪学的努力,以了解在刑事司法系统中纠缠的不同行为者如何构思、管理和叙述他们的情况。
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引用次数: 2
Surveillance potential: Exploring how unbanked social assistance recipients in Toronto, Canada negotiated a mandatory transition from cash to cards 监控潜力:探索加拿大多伦多无银行账户的社会援助受助人如何协商从现金到卡的强制性过渡
Pub Date : 2022-12-04 DOI: 10.1177/14624745221139639
Kelsi Barkway
This article explores how purportedly benign technologies, such as benefits cards used to distribute welfare funds, can be perceived as a tool for surveillance and social control, particularly in contexts that users experience as punitive. In many countries, poverty governance positions welfare recipients, particularly women of colour, as irresponsible consumers in need of counselling and discipline. As a result, recipients are often subjected to government efforts to constrain and monitor how they spend their money. Drawing on qualitative interviews conducted in Toronto, Canada, this article examines how unbanked welfare recipients navigated the mandatory transition from cheques to benefits cards. Respondents discussed the benefits cards in terms of surveillance potential, a concept that captures their uncertainty about how surveillance was operating. They viewed the cards as an extension of their relationship with caseworkers, which they characterized as adversarial. Respondents were careful about how they used the cards, engaging in everyday resistance that involved curating their financial data to portray a ‘deserving’ welfare recipient. This study demonstrates that in the era of surveillance capitalism, new technologies can have a disciplining effect on marginalized populations, even if that is not the intended function.
本文探讨了所谓的良性技术,如用于分发福利基金的福利卡,如何被视为监视和社会控制的工具,特别是在用户体验到惩罚性的情况下。在许多国家,贫困治理将福利接受者,特别是有色人种妇女,视为需要咨询和纪律的不负责任的消费者。因此,受助人经常受到政府限制和监督他们如何花钱的努力。根据在加拿大多伦多进行的定性访谈,本文考察了没有银行账户的福利领取者如何从支票过渡到福利卡。受访者从监控潜力的角度讨论了福利卡,这一概念反映了他们对监控运作方式的不确定性。他们认为这些卡片是他们与社会工作者关系的延伸,他们认为这种关系是敌对的。受访者对如何使用福利卡很谨慎,他们每天都在进行抵制,包括整理他们的财务数据,以塑造一个“应得的”福利接受者。这项研究表明,在监控资本主义时代,新技术可以对边缘化人群产生约束作用,即使这不是预期的功能。
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引用次数: 0
Cars, compounds and containers: Judicial and extrajudicial infrastructures of punishment in the 'old' and 'new' South Africa. 汽车、大院和集装箱:“旧”和“新”南非的司法和法外惩罚基础设施。
Pub Date : 2022-12-01 Epub Date: 2022-02-28 DOI: 10.1177/14624745221079456
Gail Super

This paper examines non-state infrastructures of vigilante violence in marginalized spaces in South Africa. I argue that car trunks, shacks, containers, and other everyday receptacles function as the underside of official institutions, such as prisons and police lock-ups, and bear historical imprints of the extrajudicial punishments inflicted on black bodies during colonialism and apartheid. I focus on two techniques: forcing someone into the trunk of a vehicle and driving them around to locate stolen property, and confinement in garages, shacks, containers, or local public spaces. Whereas in formerly 'whites only' areas, residents have access to insurance, guards, gated communities, fortified fences, and well-resourced neighbourhood watches, in former black townships and informal settlements, this is not the case. Here, the boot, the shack, the shed, the car, and the minibus taxi play multiple roles, including as vectors and spaces of confinement, torture, and execution. Thus, spatiotemporality affects both how penal forms permeate space and time, and how space and time constitute penal forms. These vigilante kidnappings and forcible confinements are not mere instances of gratuitous violence. Instead, they mimic, distort, and amplify the violence that underpins the state's unrealized monopoly over the violence inherent in its claims to police and punish.

本文探讨非国家基础设施的治安维持暴力在南非的边缘空间。我认为,汽车后备箱、棚屋、集装箱和其他日常容器是监狱和警察拘留所等官方机构的底层,并带有殖民主义和种族隔离时期对黑人身体施加法外惩罚的历史印记。我专注于两种技术:强迫某人进入汽车后备箱并驾驶他们寻找被盗财产,以及将其禁闭在车库,棚屋,集装箱或当地公共场所。然而,在以前的“白人专属”地区,居民可以获得保险、警卫、封闭的社区、强化的围栏和资源充足的邻里监督,而在以前的黑人城镇和非正式定居点,情况并非如此。在这里,靴子、棚屋、棚屋、汽车和小巴出租车扮演着多重角色,包括作为载体和监禁、折磨和处决的空间。因此,时空性既影响刑罚形式如何渗透空间和时间,也影响空间和时间如何构成刑罚形式。这些自发自发的绑架和强制监禁不仅仅是无端暴力的例子。相反,他们模仿、扭曲和放大了暴力,这些暴力支撑着国家对其声称的警察和惩罚所固有的暴力的未实现垄断。
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引用次数: 2
Reuben Jonathan Miller, Halfway Home: Race, Punishment, and the Afterlife of Mass Incarceration 鲁本·乔纳森·米勒,《中途回家:种族、惩罚和大规模监禁的来世》
Pub Date : 2022-11-30 DOI: 10.1177/14624745221138967
Susila Gurusami
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引用次数: 0
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Punishment & society
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