Punishment & society最新文献_第3页

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

Punishment & society Pub Date : 2023-03-30 DOI: 10.1177/14624745231166311

Mona Lynch

{"title":"Prosecutors as punishers: A case study of Trump-era practices","authors":"Mona Lynch","doi":"10.1177/14624745231166311","DOIUrl":"https://doi.org/10.1177/14624745231166311","url":null,"abstract":"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.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"16 1","pages":"1312 - 1333"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82103858","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: 2

Punishment as text 作为文本的惩罚

Punishment & society Pub Date : 2023-03-28 DOI: 10.1177/14624745231165380

Netanel Dagan, A. Zimran

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

Punishment & society Pub Date : 2023-02-07 DOI: 10.1177/14624745231154880

Marion Vannier, A. Nellis

{"title":"‘Time's relentless melt’: The severity of life imprisonment through the prism of old age","authors":"Marion Vannier, A. Nellis","doi":"10.1177/14624745231154880","DOIUrl":"https://doi.org/10.1177/14624745231154880","url":null,"abstract":"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.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"23 1","pages":"1271 - 1292"},"PeriodicalIF":0.0,"publicationDate":"2023-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74748531","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

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

Punishment & society Pub Date : 2023-01-09 DOI: 10.1177/14624745221148318

Eran Itskovich, Roni Factor, Daniel Ohana

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

Punishment & society Pub Date : 2023-01-08 DOI: 10.1177/14624745221148662

Thanyanuch Tantikul

{"title":"Cultural differences in control: How Thailand's order-centric legal mentality shapes its constraining lower-court practices","authors":"Thanyanuch Tantikul","doi":"10.1177/14624745221148662","DOIUrl":"https://doi.org/10.1177/14624745221148662","url":null,"abstract":"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.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"386 1","pages":"1254 - 1270"},"PeriodicalIF":0.0,"publicationDate":"2023-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84986620","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

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》

Punishment & society Pub Date : 2023-01-02 DOI: 10.1177/14624745221143516

M. L. Walker

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。

Punishment & society Pub Date : 2023-01-01 DOI: 10.1177/14624745211018760

William J Schultz, Sandra M Bucerius, Kevin D Haggerty

{"title":"\"I have to be a man for my son\": The narrative uses of fatherhood in prison.","authors":"William J Schultz, Sandra M Bucerius, Kevin D Haggerty","doi":"10.1177/14624745211018760","DOIUrl":"https://doi.org/10.1177/14624745211018760","url":null,"abstract":"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.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"25 1","pages":"162-180"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211018760","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10425195","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: 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

Punishment & society Pub Date : 2022-12-04 DOI: 10.1177/14624745221139639

Kelsi Barkway

{"title":"Surveillance potential: Exploring how unbanked social assistance recipients in Toronto, Canada negotiated a mandatory transition from cash to cards","authors":"Kelsi Barkway","doi":"10.1177/14624745221139639","DOIUrl":"https://doi.org/10.1177/14624745221139639","url":null,"abstract":"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.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"66 1","pages":"1190 - 1206"},"PeriodicalIF":0.0,"publicationDate":"2022-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89274216","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

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。

Punishment & society Pub Date : 2022-12-01 Epub Date: 2022-02-28 DOI: 10.1177/14624745221079456

Gail Super

{"title":"Cars, compounds and containers: Judicial and extrajudicial infrastructures of punishment in the 'old' and 'new' South Africa.","authors":"Gail Super","doi":"10.1177/14624745221079456","DOIUrl":"https://doi.org/10.1177/14624745221079456","url":null,"abstract":"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.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"24 5","pages":"824-842"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9643802/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40694762","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: 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》

Punishment & society Pub Date : 2022-11-30 DOI: 10.1177/14624745221138967

Susila Gurusami

引用次数: 0