Impending Challenges To Penal Moderation In France And Germany
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| Author | : Kirstin Drenkhahn |
| Publisher | : Taylor & Francis |
| Total Pages | : 310 |
| Release | : 2023-07-27 |
| Genre | : Social Science |
| ISBN | : 100090556X |
This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focused on the US and the UK. In comparative research, both are considered extreme in punitive developments with high rates of imprisonment and large groups of the population under penal control. The other extreme in comparative research would be Scandinavia with the famous Nordic Exceptionalism marked by low prison population rates. Germany and France are often considered to be “the same” when compared with each other, and “the other” with reference to both of these extremes. However, this book shows that France and Germany are far from being the same when it comes to state organization (centralistic vs. federal), criminal justice and the criminal law, political traditions, and the media. Also, research from both countries has looked at whether developments such as the “punitive turn” have occurred in Germany and France. Research focused on the domestic situation concludes that punitiveness is on the rise, and that both countries are indeed experiencing their own punitive turn. How do we reconcile these contradictory findings? Why do these two seem to follow the path of penal moderation in the overall outcome of punishment in society when we look at comparative research? And how is it that from a domestic perspective, punitive attitudes and desires are leading to more punitiveness? By focusing on the meso level, with a comparative perspective on the two countries and a dynamic analytical approach, this book reconciles the fluidity of individual attitudes and opinions with the relative stability of societal discourse. The authors posit that penal moderation comes at a price: overall and in an internationally comparative perspective, there is penal moderation, but a closer look at the domestic situation and development reveals that it is nonetheless challenged by a slowly rising tide of punitiveness. Going beyond the main tenets of punishment and society research with a dynamic analysis of two large societies in Europe, this book is ideal reading for scholars and students of penology, criminal justice, and European studies.
| Author | : Vanessa Bettinson |
| Publisher | : Taylor & Francis |
| Total Pages | : 75 |
| Release | : 2023-08-07 |
| Genre | : Social Science |
| ISBN | : 1000965252 |
Drawing on experiences from other jurisdictions within the UK, Criminalising Coercive Control explores the challenges and potential successes which may be faced in implementing Northern Ireland’s new domestic abuse offence. A specific offence of domestic abuse was introduced in Northern Ireland in March 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalising coercive and controlling behaviour, thereby bringing Northern Ireland into line with other jurisdictions within the UK, and also with relevant human rights standards in this regard. The book begins with a discussion regarding the offence itself and the underpinning domestic abuse policy in Northern Ireland. Subsequent chapters explore further measures which may be needed to respond effectively to domestic abuse in Northern Ireland, by drawing upon the experiences of other jurisdictions of criminalising coercive control. These reflections are considered through the lenses of policing, prosecutorial practice and frontline domestic abuse working. Criminalising Coercive Control will be of great interest to students and scholars in a variety of fields, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology. The book is also accessible beyond academia, including practitioners and those in the voluntary sector who are working in the area of combating domestic abuse.
| Author | : Sonali Swetapadma |
| Publisher | : Taylor & Francis |
| Total Pages | : 151 |
| Release | : 2024-02-01 |
| Genre | : Law |
| ISBN | : 104000153X |
Sexual Offences Against Children in India examines the evolution of the law pertaining to sexual violence against children, the judicial decisions since the inception of the POCSO Act till date with respect to aspects of the POCSO Act and the best practices from other developed jurisdictions for handling cases and victims of child abuse. Despite being prevalent, violence against children is often hidden or underreported, though its impact is widely acknowledged. In a country like India the vocabulary to communicate around sexuality and sexual abuse is almost non-existent. India has seen its journey from having no law on sexual abuse of children to having a “special” law in the form of the Protection of Children against Sexual Offences Act 2012 (POCSO Act). This book demystifies the problem of sexual violence against children in India pre- and post-POCSO Act. There is also a novel attempt to examine the implementation of the POCSO Act in the eastern Indian states of Odisha, Jharkhand and West Bengal, and if its objectives were being attained – in content, in implementation, and in impact. This book will be useful for police, judiciary and government officials, scholars, and researchers studying comparative aspects of dealing with sexual offence cases against children.
| Author | : Marco Nocente |
| Publisher | : Taylor & Francis |
| Total Pages | : 152 |
| Release | : 2023-09-01 |
| Genre | : Social Science |
| ISBN | : 1000935108 |
Narratives on Prison Governmentality explores prison governmentality through the analysis of letters of prisoners. The collection of testimonies represents the opportunities and difficulties of resisting in a place of power, which, in recent years, has become more sophisticated and effective. In recent years there has been a progressive individualisation of the prison population and a continuous erosion of solidarity. The condition of prisoners is influenced by renewed governmental logic that has become more effective for management and even reproduced by the prisoners themselves. Italian prison governmentality has been presented in its softest and hardest discursive forms and material regimes as part of a whole differentiated repertoire. Through the narratives of prison letters, the book shows the sophistication of these carceral logics from the perspective of prisoners engaged in the struggle. Engaging theories of carceral geography and critical criminology, the book focuses on space and time as the dimensions from which to observe power relations and governmentality. Narratives on Prison Governmentality will be of great interest to students and scholars of Penology, Narrative Criminology, Carceral Geography, and Critical Criminology.
| Author | : Armon J. Tamatea |
| Publisher | : Taylor & Francis |
| Total Pages | : 251 |
| Release | : 2023-09-08 |
| Genre | : Social Science |
| ISBN | : 1000951952 |
Preventing Prison Violence introduces the idea of ‘prison ecologies’ – a multi-layered perspective to understanding prison violence as a ‘product’ of human, environment (social and physical), systemic, and societal influences – and how an ecological approach is helpful to prevention efforts. Interpersonal violence is a global concern and a significant cause of death around the world. In prisons, the human, financial, and health burden of violence presents a significant social issue – as well as a ‘wicked problem’ that does not permit of simplistic solutions. Recent innovations in data capture means that questions about violence, gang-affiliations, and prisons that could not be answered previously can now be explored. The central theme of this book is that prisons are ‘ecologies’ – spaces where people, resources, and the built environment are interrelated – and that violence is a product of a complex of interpersonal and environmental factors that increase the likelihood of assault – but also provide opportunities for solutions. Drawing on psychology, geography, indigenous knowledge, gang culture, and predictive modelling, this book expands beyond the conventional individual-focused ‘assessment-intervention-prevention’ approach to research in this field, towards a holistic and ecological way of thinking that recognises individual, organisational, and cultural factors, as well as the role of the physical environment itself in the facilitation and prohibition of aggression. Providing a comprehensive resource for those who are interested in making prisons safer; firmly based in contemporary research and theory, Preventing Prison Violence will be of great interest to students and scholars of Penology, Violence and Forensic Psychology, as well as to professionals working in criminal justice settings.
| Author | : Giuseppe Maglione |
| Publisher | : Taylor & Francis |
| Total Pages | : 266 |
| Release | : 2024-02-13 |
| Genre | : Social Science |
| ISBN | : 1003850294 |
This book reflects on the institutionalisation of restorative justice over the last 20 years and offers a critical analysis of the qualitative consequences generated by such a process on the normative structure of restorative justice, and on its understanding and uses in practice. Bringing together an international collection of leading scholars, this book provides a range of context-sensitive case studies that enhance our understanding of the development of international, national and institutional policy frameworks for restorative justice, the mainstreaming of practices within the criminal justice system, the proliferation of cultural, social and political co-optations of restorative justice and the ways in which the formalisation of the restorative justice movement have affected its values, aims and goals.
| Author | : Teresa Degenhardt |
| Publisher | : Taylor & Francis |
| Total Pages | : 179 |
| Release | : 2023-09-15 |
| Genre | : Social Science |
| ISBN | : 1135107386 |
This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states have been established as modes of governance (Kosovo), how punitive atmospheres have animated soldiers’ violence in the conduct of war (Iraq), and finally how interventions can expand moral control and a system of devolved surveillance in conjunction with both border control and the engagement of the International Criminal Court (Libya). In all these case, tensions and ambiguities emerge. These practices underscore how punitive intents were also present in the expansion of liberal governance, demonstrating how the rhetoric of punishment was useful in legitimating Western state powers and recomposing the borders of the liberal world at the periphery. War as Protection and Punishment ends with a number of critical comments on the diffusion of punitive discourse in the international arena, considering how issues of crime and justice have also animated, at least in part, the current engagement with the Russian invasion of Ukraine. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, politics and those interested in how penal discourses are used to legitimize military conventions.
| Author | : Christine Morgenstern |
| Publisher | : Taylor & Francis |
| Total Pages | : 267 |
| Release | : 2023-09-15 |
| Genre | : Law |
| ISBN | : 1000953165 |
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
| Author | : Frieder Dünkel |
| Publisher | : Routledge |
| Total Pages | : 588 |
| Release | : 2022-04-19 |
| Genre | : Social Science |
| ISBN | : 1000553612 |
The Impact of COVID-19 on Prison Conditions and Penal Policy presents the results of a worldwide exchange of information on the impact of COVID-19 in prisons. It also focuses on the human rights questions that have been raised during the pandemic, relating to the treatment of prisoners in institutions for both juveniles and adults worldwide. The first part brings together the findings and conclusions of leading prison academics and practitioners, presenting national reports with information on the prison system, prison population rates, how COVID-19 was and is managed in prisons, and its impact on living conditions inside prisons and on reintegration programmes. Forty-four countries are covered – many in Europe, but also Argentina, Brazil, Chile, Colombia, Perú, Costa Rica, Canada, the USA, Kenya, South Africa, China, India, Japan, Australia and New Zealand. In the second part, thematic chapters concentrate explicitly on the impact of the pandemic on the application of international human rights standards in prisons and on worldwide prison population rates. The book concludes by drawing out the commonalities and diverging practices between jurisdictions, discussing the impact of measures introduced and reflecting on what could be learnt from policies that emerged during the pandemic. Particular attention is paid to whether "reductionist" strategies that emerged during the pandemic can be used to counteract mass incarceration and prison overcrowding in the future. Although the book reflects the situation until mid 2021, after the second and during the third wave of the pandemic, it is highly relevant to the current situation, as the living conditions in prisons did not change significantly during the following waves, which showed high infection rates (in particular in the general population), but increased vaccination rates, too. In prisons, problems the pandemic raises have an even greater impact than for the general society. Revealing many notable and interesting changes in prison life and in release programmes, this book is essential reading for students and scholars of penology, criminology, law, sociology and public health. It will also appeal to criminal justice practitioners and policy makers.
| Author | : Brianna Chesser |
| Publisher | : Routledge |
| Total Pages | : 105 |
| Release | : 2021-12-24 |
| Genre | : Law |
| ISBN | : 1000537927 |
Consent, Stealthing and Desire-Based Contracting in the Criminal Law examines the inconsistencies in the definitions of consent in sexual encounters by examining emerging sex crimes alongside changing community values and the changing legal definitions of consent in sexual offending, focusing on common law and civil law countries. This book distinguishes itself through the use of empirically validated research strategies and an in-depth analysis of current legislative regimes. It argues that desire and pleasure are largely ignored by legal consent definitions, despite its importance in sexuality more broadly. Using two case studies of emerging forms of sexual offending, the criminalisation of sadomasochistic sexual practices and the offence of ‘stealthing’, it examines how the law is both a blunt and under-utilised instrument in the policing of people’s sexual relationships. The presence or absence of consent can change a lawful sexual act between two people into a serious crime with potentially devastating consequences to both survivor and offender. Yet there remains no consistent definition of consent applied within and between legal jurisdictions across the world. A comparative analysis reveals parallels between common law countries and civil law countries. The book also provides a brief history of the use of term consent in relation to sexual offending and examines definitional and sociological requirements of conceptual consent across history. Covering jurisdictions in the US, UK, and Australia, providing an innovative resource on issues relating to consent presented in an accessible way, this book will appeal to students and researchers of criminal justice, criminal law, criminology, sociology and gender studies.
