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Theorizing a way out of reformist reforms: Gladue reports and penal abolition 改革主义改革的理论出路:Gladue报告和废除刑罚

Punishment & society Pub Date : 2023-10-17 DOI: 10.1177/14624745231208177

Judah Oudshoorn

{"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}

引用次数: 0

“Social workers by day and terrorists by night?” Wounded healers, restorative justice, and ex-prisoner reentry “白天是社会工作者，晚上是恐怖分子?”受伤的治疗者，恢复性司法，还有出狱的犯人重返社会

Punishment & society Pub Date : 2023-10-17 DOI: 10.1177/14624745231208183

Allely Albert

引用次数: 1

Book review: Forensic Psychologists: Prisons, Power and Vulnerability by Jason Warr 书评:《法医心理学家:监狱、权力和脆弱性》，作者:杰森·瓦尔

Punishment & society Pub Date : 2023-10-17 DOI: 10.1177/14624745231208178

Mari Todd-Kvam

引用次数: 0

Book review: Proud to Punish by Gilles Favarel-Garrigues and Laurent Gayer 书评:吉尔斯·法瓦雷尔-加里盖斯和洛朗·盖耶著的《骄傲的惩罚》

Punishment & society Pub Date : 2023-10-16 DOI: 10.1177/14624745231208182

Krešimir Petković

引用次数: 0

Book review: Seeing Justice Done: The Age of Spectacular Capital Punishment in France by Paul Friedland 书评:保罗·弗里德兰的《看到正义的实现:法国壮观的死刑时代》

Punishment & society Pub Date : 2023-10-12 DOI: 10.1177/14624745231208184

Peter S. Lehmann

引用次数: 0

Nuances of fragmentation, (mis)recognition and closeness: Narratives of challenges and support during resettlement 分裂、(错误)认识和亲近的细微差别:重新安置期间的挑战和支持的叙述

Punishment & society Pub Date : 2023-09-28 DOI: 10.1177/14624745231203961

Sylvia Koffeld-Hamidane, Marguerite Schinkel, Ellen Andvig, Bengt Karlsson

{"title":"Nuances of fragmentation, (mis)recognition and closeness: Narratives of challenges and support during resettlement","authors":"Sylvia Koffeld-Hamidane, Marguerite Schinkel, Ellen Andvig, Bengt Karlsson","doi":"10.1177/14624745231203961","DOIUrl":"https://doi.org/10.1177/14624745231203961","url":null,"abstract":"The transition from prison to society tends to be tough and painful for people in resettlement and challenging to facilitate for professionals. The Norwegian Correctional Services aim for a continuous reentry focus throughout the prison sentence. Norway has been presented as one of the Nordic exceptional penal states, partly based on ‘the encouraging pattern of officer-inmate interactions’. However, this exceptional picture has been criticized for paying more attention to discourse than to lived experiences. As newly released persons’ experiences of interaction and relationships with staff and of how these facilitate and frustrate their reentry processes have largely been ignored, this article draws attention to their perspectives. Inspired by narrative analysis, in cooperation with persons with lived experience, we constructed three stories of challenges and support during resettlement. Through these in-depth presentations of frustrating misrecognition, ignorance and fragmentation, but also of closeness, continuity, recognition, belonging and de-stigmatization, this study provides important insights into how interaction and relationships with staff enable and constrain reentry to society. By bringing lived experience into the discourse of Nordic exceptionalism, this article adds valuable perspectives to this still ongoing debate. Overall, we argue for a revitalization of the primary officer role and a broader approach to resettlement to facilitate support throughout the prison sentence.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135343818","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}

引用次数: 1

Book review: The Crimmigrant Other by Katja Franko 书评:卡佳·弗兰科的《犯罪移民者》

Punishment & society Pub Date : 2023-09-20 DOI: 10.1177/14624745231202495

Robert Koulish

引用次数: 0

The next jailor: An empirical study of danger to the public immigration detentions in Canada (summer 2021) 下一个狱卒:加拿大公共移民拘留危险的实证研究(2021年夏季)

Punishment & society Pub Date : 2023-09-20 DOI: 10.1177/14624745231200787

Simon Wallace

{"title":"The next jailor: An empirical study of danger to the public immigration detentions in Canada (summer 2021)","authors":"Simon Wallace","doi":"10.1177/14624745231200787","DOIUrl":"https://doi.org/10.1177/14624745231200787","url":null,"abstract":"This article investigates who counts as dangerous for immigration control purposes and how states spot and monitor purportedly dangerous people for immigration enforcement measures. By examining Canadian immigration detention law and practice during the early months of the COVID-19 pandemic, the study finds that nearly all danger-based immigration detentions targeted long-term Canadian residents who had typically lost permanent legal status following a criminal conviction. The article argues that a core function of immigration enforcement processes is the removal of supposedly undesirable persons from society and that danger-based detentions are used primarily for post-admission migration control. Furthermore, the study reveals that the surveillance and policing of dangerous individuals largely relies on external police agencies, with immigration officials rarely initiating or managing their own investigations. The findings from this research contribute to the growing body of literature on the overlap between criminal law and immigration law and shows that—in the context of danger-based immigration detention—immigration authorities do not initiate their own investigations, but depend almost exclusively on the work of criminal police forces.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136312787","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}

引用次数: 0

Trans architecture and the prison as archive: "don't be a queen and you won't be arrested". 变性建筑和作为档案馆的监狱："不做女王，就不会被捕"。

Punishment & society Pub Date : 2023-07-01 Epub Date: 2022-03-11 DOI: 10.1177/14624745221087058

Tait Sanders, Jessica Gildersleeve, Sherree Halliwell, Carol du Plessis, Kirsty A Clark, Jaclyn Mw Hughto, Amy B Mullens, Tania M Phillips, Kirstie Daken, Annette Brömdal

{"title":"Trans architecture and the prison as archive: \"don't be a queen and you won't be arrested\".","authors":"Tait Sanders, Jessica Gildersleeve, Sherree Halliwell, Carol du Plessis, Kirsty A Clark, Jaclyn Mw Hughto, Amy B Mullens, Tania M Phillips, Kirstie Daken, Annette Brömdal","doi":"10.1177/14624745221087058","DOIUrl":"10.1177/14624745221087058","url":null,"abstract":"<p><p>Most incarceration settings around the world are governed by strong cisnormative policies, architectures, and social expectations that segregate according to a person's legal gender (i.e. male or female). This paper draws on the lived experiences of 24 formerly incarcerated trans women in Australia and the U.S. to elucidate the way in which the prison functions according to Lucas Crawford's theory of trans architecture, alongside Jacques Derrida's notion of archive fever. The paper displays how the cisnormative archive of the justice system and its architectural constructs impact trans women in men's incarceration settings, including how trans women entering the incarceration setting are able to embody gender in a way that is not reified by the insistences of those normative structures. In light of this, this paper advances a theoretical understanding of the prison as an archive and as an architectural construct, providing a new means of understanding how incarcerated trans persons may use and perform gender to survive carceral violence.</p>","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"25 3","pages":"742-765"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10499469/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10305810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Calories, commerce, and culture: The multiple valuations of food in prison. 卡路里、商业和文化:监狱中食物的多重价值。

Punishment & society Pub Date : 2023-07-01 DOI: 10.1177/14624745221097367

Collins Ifeonu, Kevin D Haggerty, Sandra M Bucerius

引用次数: 4