Money And The Governance Of Punishment
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Author | : Patricia Faraldo Cabana |
Publisher | : Taylor & Francis |
Total Pages | : 245 |
Release | : 2017-06-26 |
Genre | : Social Science |
ISBN | : 1134872577 |
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Author | : Patricia Cabana |
Publisher | : Routledge |
Total Pages | : 241 |
Release | : 2017-06-26 |
Genre | : Social Science |
ISBN | : 113487264X |
Money is the most frequently means used in the legal system to punish and regulate. Monetary penalties outnumber all other sanctions delivered by criminal justice in many jurisdictions, imprisonment included. More people pay fines than go to prison and in some jurisdictions many of those in prison are there because of failure to pay their fines. Therefore, it is surprising how little has been written in the Anglophone academic world about the nature of money sanctions and their specific characteristics as legal sanctions. In many ways, legal innovations related to money sanctions have been poorly understood. This book argues that they are a direct consequence of the changing meaning of money. Considering the ‘meaninglessness’ of modern money, the book aims to examine the history of changing conceptions in how fines have been conceived and used. Using a set of interpretative techniques sensitive to how money and freedom are perceived, the genealogy of the penal fine is presented as a story of constant reformulation in response to shifting political pressures and changes in intellectual developments that influenced ideological commitments of legislators and practitioners. This book is multi-disciplinary and will appeal to those engaged with criminology, sociology and philosophy of punishment, socio-legal studies, and criminal law.
Author | : Alexes Harris |
Publisher | : Russell Sage Foundation |
Total Pages | : 265 |
Release | : 2016-06-08 |
Genre | : Social Science |
ISBN | : 1610448553 |
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
Author | : William R. Kelly |
Publisher | : Rowman & Littlefield |
Total Pages | : 268 |
Release | : 2016-07-14 |
Genre | : Political Science |
ISBN | : 1442264829 |
Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. Judges and prosecutors are lawyers, not clinicians, and as we transition the justice system to a focus on behavioral change, the decision making will need to reflect the input of clinical experts. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. There are many moving parts to this effort and it is a complex proposition. It requires substantial changes to law, procedure, decision making, roles and responsibilities, expertise, and funding. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
Author | : Alexandra Natapoff |
Publisher | : Basic Books |
Total Pages | : 320 |
Release | : 2018-12-31 |
Genre | : Law |
ISBN | : 0465093809 |
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Author | : Alison Burke |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : 9781636350684 |
Author | : Milan Vaishnav |
Publisher | : Yale University Press |
Total Pages | : 434 |
Release | : 2017-01-01 |
Genre | : Political Science |
ISBN | : 0300216203 |
The first thorough study of the co-existence of crime and democratic processes in Indian politics In India, the world's largest democracy, the symbiotic relationship between crime and politics raises complex questions. For instance, how can free and fair democratic processes exist alongside rampant criminality? Why do political parties recruit candidates with reputations for wrongdoing? Why are one-third of state and national legislators elected--and often re-elected--in spite of criminal charges pending against them? In this eye-opening study, political scientist Milan Vaishnav mines a rich array of sources, including fieldwork on political campaigns and interviews with candidates, party workers, and voters, large surveys, and an original database on politicians' backgrounds to offer the first comprehensive study of an issue that has implications for the study of democracy both within and beyond India's borders.
Author | : United States |
Publisher | : |
Total Pages | : 356 |
Release | : 1994 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Author | : Bruce Western |
Publisher | : Russell Sage Foundation |
Total Pages | : 262 |
Release | : 2006-05-25 |
Genre | : Social Science |
ISBN | : 1610445554 |
Over the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting "tough on crime" with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |