{"title":"‘Standing with Soldier F’: Bloody Sunday, disrupting the degradation ceremony and the court of public opinion","authors":"Kevin Hearty","doi":"10.1177/14624745241264297","DOIUrl":"https://doi.org/10.1177/14624745241264297","url":null,"abstract":"This article merges the literatures on crime and punishment, law and performance and transitional justice to critically examine how high-profile prosecutions for historic state violence become contested in societies attempting to address the legacy of prolonged conflict. Drawing empirically from the case study of the prosecution of Soldier F for the 1972 Bloody Sunday killings in the North of Ireland, it demonstrates how legacy case prosecutions become a proxy for wider societal and political disagreement over the causes and consequences of past violence. It argues that when the legal basis for prosecution becomes obscured by extra-legal factors the expressivist function of punishment and criminal law is fundamentally undermined. By concentrating on these extra-legal factors rather than focusing on the legal semantics of the case, certain constituencies can challenge the legitimacy of the prosecution, question whether it is helpful to a post-conflict society that needs to ‘move on’ and prevent the accused being ‘othered’ as an ‘outsider’. In disrupting the expressivist logic of criminal prosecution like this, it is concluded the accused can be reframed by sympathetic audiences as a victim who needs solidarity and support rather than a victimiser who needs to be denounced and punished.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"59 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141805515","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}
Dalton J Lackey, Angelica C Loblack, Teagan H Murphy, Katelyn E. Foltz
{"title":"“The COVID-19 Murders”: Prison death-worlds and the fatal convenience of crisis","authors":"Dalton J Lackey, Angelica C Loblack, Teagan H Murphy, Katelyn E. Foltz","doi":"10.1177/14624745241264299","DOIUrl":"https://doi.org/10.1177/14624745241264299","url":null,"abstract":"Since the eruption of the COVID-19 pandemic, U.S. correctional facilities have reported more than half a million positive cases and nearly 3000 deaths. The carceral regime's unconscionable response to COVID-19 has been accepted as a mere “failure” by observers. We question this reading given the dispossessing purpose of carceral punishment, instead reframing prisons as necropolitical death-worlds that weaponize crisis to advance their repressive capacities. We draw from 132 texts authored by 68 incarcerated witnesses and published by the American Prison Writing Archive to assess how incarcerated individuals experience and interpret both the COVID-19 pandemic and the mitigation efforts enacted by prison administrations. Rather than prisons struggling, sincerely, to slow the spread of COVID-19, witnesses call attention to how prisons constrict and evolve punishment under the guise of care. Sampled writings detail alarming changes, including the excessive application of already harmful practices like solitary confinement. Our findings speak to the “inside,” lived implications of disaster-response by death-worlds, where the necropolitical order practices and perfects its violence with little external protest. Scholars of carceral punishment should more deliberately consider the impact of crises like the pandemic, as it is certainly not the last disaster that the prison order will appropriate.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"131 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141811242","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}
{"title":"Book review: Impending Challenges to Penal Moderation in France and Germany: A Strained Restraint by Kirstin Drenkhahn, Fabien Jobard and Tobias Singelnstein","authors":"Andrzej Uhl","doi":"10.1177/14624745241266569","DOIUrl":"https://doi.org/10.1177/14624745241266569","url":null,"abstract":"","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"92 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141812253","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}
{"title":"Contaminated memories: How formerly incarcerated mothers remember their pasts and imagine their futures","authors":"Arden Richards-Karamarkovich, Janani Umamaheswar","doi":"10.1177/14624745241263798","DOIUrl":"https://doi.org/10.1177/14624745241263798","url":null,"abstract":"In this article, we use 15 in-depth interviews with formerly incarcerated mothers to explore an understudied dimension of the punitive nature of system contact: its contamination of memory. Drawing on theoretical scholarship in the sociology of memory, we reveal how contact with both the criminal legal system and the child welfare system defined participants’ worst maternal memories and contaminated even their best maternal memories. In sharp contrast with their retrospective narratives, participants’ imagined futures were notably devoid of references to system contact, even in the form of desistance narratives. These findings, we argue, capture just how invasive contact with punitive state institutions can be, and they suggest that reentry represents a meaningful period during which participants can envision futures that are—at least in their imaginations—free from this intrusion.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"102 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141812185","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}
{"title":"Penal-welfare systems in a (post)colonial world: The rise and disregard of alcohol and drug rehabilitation centers in South Africa","authors":"Mark Hunter","doi":"10.1177/14624745241266478","DOIUrl":"https://doi.org/10.1177/14624745241266478","url":null,"abstract":"Apartheid South Africa developed a notoriously punitive and racist approach to alcohol and drug use. Less reported is that the state gave significant attention to rehabilitation, first for the minority white population and later for black South Africans. This paper asks why in the post-apartheid era—despite a huge influx of cheap heroin, methamphetamines, and other drugs—the government showed a relative disregard for rehabilitation. Addressing this question, the paper points to the configuration of forces driving public rehabilitation in the colonial era included the upliftment of “poor whites,” the need to maintain black workers’ productivity, and the ascendancy of the disease concept of addiction. In the post-1994 period these forces waned as a multiracial middle class came to purchase treatment in private rehabilitation facilities, the disease concept fell into retreat, and mass unemployment helped to position poor black drug users as an “undeserving poor.” The paper contributes to comparative studies on penal-welfare systems and the recent attention to drug histories from the global South.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"4 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141813716","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}
{"title":"A path to tertiary desistance: A qualitative metasynthesis","authors":"Masahiro Suzuki, Sho Sagara, Nozomi Yamawaki, Noriko Hashiba","doi":"10.1177/14624745241264298","DOIUrl":"https://doi.org/10.1177/14624745241264298","url":null,"abstract":"The emergence of tertiary desistance underscores the need to go beyond the current focus on behavioral and identity/cognitive transformation in desistance research and take into account the social context that impacts desisters. This study aims to explore the experiences of people with a criminal history during the tertiary desistance phase by conducting a qualitative metasynthesis. We conducted literature searches across seven databases in January 2023: CINAHL, MEDLINE, ProQuest, PubMed, PsychINFO, Scopus, and Web of Science. After screening and assessing the quality of identified qualitative studies on tertiary desistance, we selected 13 relevant studies. Our synthesis indicates that desisters commonly encounter numerous challenges due to the stigma associated with their past criminal activities, which may result in feelings of insecurity, a negative self-image, and a reluctance to socialize with others. However, once desisters are recognized and trusted by significant others and society, they utilize the recognition and trust to overcome the stigma and experience a positive change in their sense of belonging. Given that tertiary desistance is an interactive process involving both people with a criminal history and society, it falls upon society to afford them a second chance at rehabilitation and reintegration.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"106 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141812438","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}
{"title":"Access to jeopardy: The legal hybridity of criminal-civil debt in the United States","authors":"Anjuli Verma, Bryan L. Sykes, Kyle Winnen","doi":"10.1177/14624745241235552","DOIUrl":"https://doi.org/10.1177/14624745241235552","url":null,"abstract":"Research on the shadow carceral state identifies new species of criminal-civil and civil-criminal legal hybrids embedded in state law. We bring into conversation disparate literatures on growing family complexity, monetary sanctions, justiciable problems, and child support enforcement to examine how contemporary American families experience a system of double and triple jeopardy—the compounding risks of exposure to both criminal and civil debts at the nexus of a legal hybrid, wherein monetary sanctions (criminal) and child support orders (civil) become co-constitutive (double jeopardy), thereby amplifying the risk that a parent will also experience (civil) child support arrearage (triple jeopardy). Using data from seven sources to construct a unique dataset, we evaluate the spatial and racial risk of double and triple jeopardy, as well as the state-level factors that explain them. Our analysis provides a valid description of, and critically establishes the sociolegal precarity wherein, currently incarcerated parents observe and experience their risks of double and triple jeopardy in the child support system via its orders, collections, and enforcement powers. We find that there are, indeed, racial and spatial disparities in the risk of double and triple jeopardy, and that specific state-level factors increment and decrement those risks.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"68 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141101500","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}
{"title":"Book review: Victimhood, Memory and Consumerism. Profiting from Pablo by Katja Franko and David R. Goyes","authors":"Valeria Ruiz Pérez","doi":"10.1177/14624745241257376","DOIUrl":"https://doi.org/10.1177/14624745241257376","url":null,"abstract":"","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"16 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141104868","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}
{"title":"The pains of prison reform: Informal prisoner governance and penal subjectivities in Estonia and Lithuania","authors":"Gavin Slade, Olga Zeveleva","doi":"10.1177/14624745241248930","DOIUrl":"https://doi.org/10.1177/14624745241248930","url":null,"abstract":"Building on the growing literature on the varying degrees and dimensions of prisoner governance across prison systems, this paper aims to understand how such governance, and reforms to reduce its informal influences, shape prisoner experiences in Estonia and Lithuania. Estonia has limited the influence of prisoner governance through the creation of a cell-based prison system, while Lithuania has maintained penal colonies in which prisoners largely self-govern. Utilizing a metaphor approach to the pains of imprisonment, we offer the concept of an imposition gradient to capture variation in the experience of the weight and tightness produced by both prison authorities and prisoners themselves across our cases. The paper makes three contributions: first, it aims to explicitly assess the relationship between varieties of prisoner governance and penal subjectivities. Second, it rethinks the relatively static metaphors of weight and tightness as fluid and dynamic experiences shaped by the degrees of prisoner governance present within prison systems and particular spaces of particular prisons. Third, the paper speaks to recent appeals to develop comparative research into varieties of imprisonment regimes, deepening comparative theories of prison order across the Global North and South.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":"43 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141118982","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}
{"title":"From “wait ‘em out” to push them out: Teachers’ reflections on passive and active modes of racialized school exclusion","authors":"Kenneth A. Cruz, Randy Myers","doi":"10.1177/14624745241240719","DOIUrl":"https://doi.org/10.1177/14624745241240719","url":null,"abstract":"Much has been written about the school-to-prison pipeline and the larger punitive turn within schools in the United States. This research has documented disturbing racialized disparities and disproportionate impacts on youth who are diagnosed with disabilities. While this scholarship has highlighted how marginalized youth encounter exclusionary forms of punishment, what is often missing is an understanding of how practitioners experience the policies, practices, and consequences of the school-prison nexus. In this study, the unique career experiences of individuals who worked as both teachers and juvenile justice practitioners in the Southwestern United States are analyzed. The reflections of practitioners who worked at both ends of the school-to-prison pipeline uncover a range of exclusionary practices in schools that is broader than what current conceptions suggest. This study adds important nuance to the literature by revealing how some educators facilitate school dropout through passive modes of racialized exclusion in addition to those that actively push out minoritized students. The article outlines three distinct categories of racialized school exclusion, examines their impacts, discusses how subtle modes of exclusion may relate to more overt punishments, and explores the broader context under which this range of “passive” to “active” modes of educational exclusion develops and operates.","PeriodicalId":508618,"journal":{"name":"Punishment & Society","volume":" 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140384364","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}