Arts in Criminal Justice and Corrections: International Perspectives on Methods, Journeys, and Challenges, Amanda Gardner and Laura Caulfield (eds) (2025)

Prelims

Reviewed by: Crime and Empire, 1840–1940: Criminal Justice in Local and Global Context George Robb Crime and Empire, 1840–1940: Criminal Justice in Local and Global Context. Edited by Barry Godfrey-Graeme Dunstall. Cullompton, Devon: Willan Publishing, 2005. This collection of essays, which grew out of a conference in New Zealand on “Comparative Histories of Crime,” addresses itself to the issue of how crime was conceived and managed in the heyday of British imperialism. Perhaps reflecting the volume’s origins, its contents are heavy on examples from Australia and New Zealand, lighter on India and Africa. This imbalance, however, might also be seen as a strength, as the antipodes have traditionally gotten short shrift in imperial historiography. Whatever their geographic focus, the contributors’ thematic range is impressive. Chapters cover such topics as policing, imprisonment, criminal law and the courts, and contemporary and historical representations of the criminal justice system. Whenever possible, contributors place colonial legal and penal practice within international perspective. After all, simultaneous with the imposition of British law and penal practice in the colonies was the centralization of state control in Britain itself and throughout Europe, with its attendant creation of national prison, police, and court systems to replace the old medieval patchworks of local, pluralistic approaches to crime. One notable example from this collection of a comparative approach is Godfrey and Dunstall’s chapter on policing in two “frontier towns”—Timaru in New Zealand and Crewe, a mining boom town near the Welsh border. Both of these towns experienced considerable violence, much of it fueled by alcohol and a preponderance of young and single men. This connection between masculinity and crime dovetails nicely with recent work on the topic by Martin Wiener and Clive Emsley. It also exemplifies a commitment to gender in this volume, found also in essays on sati, the creation of a women’s prison in New Zealand, and the experience of Boer women in South African concentration camps. Colonial law was often an instrument for the subjugation of colonized peoples, though it might also provide a means of resistance, or be useful in settling disputes among colonial subjects themselves. Given the vast geographic, racial, and ethnic diversity of the empire, police and penal practice could vary considerably across regions and over time. The career of a single administrator could encompass stark contrasts. Such was the case of Edward Eyre, as Mark Finnane points out in his essay, “Crimes of violence, crimes of empire?” During his early years in Australia in the 1840s, Eyre was noted for his protective attitude toward aboriginal peoples, while a generation later he was “the agent of racialising and brutal domination in the West Indies.” (51) Among the more heavy handed examples of imperial law, Mark Brown points out in his essay “Colonial history and theories of the present,” was the practice in India of classifying entire populations as “criminal.” In the 1850s, “Track Laws” meant that if the British authorities could track an offender to a particular village, but could not locate him within it, then the entire village could be held responsible for the alleged crime. An 1871 Act brought unruly ethnic groups in north India under subjugation by declaring them “criminal tribes”—a category which gave the government broad powers of regulation and control, including the right to impose curfews, hold daily roll calls, and resettle entire villages. Criminal law thus became an instrument of political subjugation, excluding whole populations from membership in civil society. Colonial administrators could also be pragmatic in their encounters with “native” legal practice. As Jane Buckingham demonstrates, British judges in India invoked Brahmanic law and cited legal precedents from princely courts in their interventions over sati. Wherever possible, the law’s authority should appear benignly hegemonic rather than overtly coercive. Richard S. Hill provides another such example in his essay on “Maori police personnel” in New Zealand. Not only would using Maori police constables save the British money, but would help “make Maoris parties to their own submission.” (181) Much like the New Police in British working-class neighborhoods at the time, Maori police were seen as “missionaries” part of whose function was to instill British, middle-class values in...

1 The Evolution of Victims' Rights I. The Victim through History Shifting Ideologies: The Political State II. The Rebirth of the Victim Victims in Contemporary Criminal Justice Policy: The Realisation of Rights? III. The Normative Basis for Victims' Rights Defining 'Victims' Defining 'Rights' The International Perspective IV. Victims' Rights and the Adversarial Process 2 The Right to Protection I. Protection from Victimisation Positive Obligations: The Duty to Protect Life Ramifications for Domestic Practice II. Secondary Victimisation The Nature and Extent of the Problem International Standards Domestic Practice Discussion IV. Conclusions 3 The Right to Participation I. Prosecution and Pre-Trial Processes Influencing Prosecutorial Decisions Private Prosecutions Preparing for Trial II. The Trial Process Participation within the Adversarial Context III. Sentencing The International Perspective Domestic Practice IV. Conclusions 4 The Right to Justice I. International Standards International Human Rights Law Progressing the Concept II. The Right to a Remedy in the Domestic Legal Order Victims of Non-State Crime III. A Right to Truth? International Developments Truth in the Adversarial System The Trial The Verdict Summary IV. Conclusions 5 The Right To Reparation I. Reparation as an International Standard The Origins of Reparation in International Law Reparation in Human Rights Law Lessons from International Criminal Law Discussion II. Realising Reparation in the Criminal Justice System State Compensation Reparation from the Offender III. Rethinking Reparation IV. Conclusions 6 A Place For Victims' Rights? I. Victims' Rights and Adversarial Justice The Nature of Victims' Rights The Inherent Limits of Adversarial Justice Summary II. Alternative Approaches Restorative Justice The Inquisitorial Approach III. Looking to the Future Reforming the Adversarial Paradigm

Doing Time is an essential text for students in criminology and criminal justice - a one-stop overview of key debates in punishment and imprisonment. This edition, thoroughly revised and updated throughout, is a highly accessible guide, providing the tools to critically engage with today's central issues in penology and penal policy. Examining imprisonment both historically and sociologically, and in international perspective, Doing Time outlines theoretical debates, and goes beyond standard introductory texts to help students develop their own critical and informed opinions. This new edition includes: * three new chapters * an up-to-date bibliography * fully revised statistical information * a guide to key internet resources Issues explored include: * How incarceration became established as the foremost form of punishment * The role of space, time and labour in the evolution of prisons and prison life * Why prison populations are rising despite the fall in crime figures * An examination of key prison populations - juveniles, women and ethnic groups * Crime and the business cycle - links between crime, unemployment and imprisonment * Globalization and crime control * The future of imprisonment .

This paper compares and attempts to integrate the results of the two largest international empirical sources of crime and criminal justice data (the United Nations Survey of Crime Trends and Operations of Criminal Justice Systems and the International Crime Victim Survey) with respect to world crime levels. These two sources provide different pictures of conventional crime from an international perspective. One of the main factors contributing to differences in crime levels based on these two international data sources relates to police reporting patterns. These are much higher in the industrialized world compared with other developmental regions. Differences are due to a number of factors related to the propensity to report to the police, including the degree of insurance coverage and the public confidence in police. Comparative analysis stimulates discussion on the relationships between development and crime, particularly in relation to the modernization theory. The results seriously challenge modernization theory, whose empirical base is composed exclusively of official criminal justice statistics. The International Crime Victim Survey empirical base, composed of citizens' direct experience with crime and reporting to the police, serously undermines the very foundations of the prevalent explanatory paradigm regarding development and crime relationships.

The World of Crime: Breaking the Silence on Problems of Security, Justice, and Development Across the World

From the mid-twentieth century, state and public conceptions of deviance and crime control have turned increasingly punitive (Hallett 115; Hutchinson 138). In a Western context, criminal justice has long been retributive, prioritising punishment over rehabilitation (Wenzel et al. 26). Within that context, there has been an increase in punitiveness—understood here as a measure of a punishment’s severity—the intention of which has been to help restore the moral imbalance created by offending while also deterring future crime (Wenzel et al. 26). Entangled with the global spread of neoliberal capitalism, punitiveness has become internationally pervasive to a near-hegemonic degree (Sparks qtd. in Jennings et al. 463; Unnever and Cullen 100). The punitive turn has troubling characteristics. Punitive policies can be expensive, and increased incarceration stresses the criminal justice system and leads to prison overcrowding (Hutchinson 135). Further, punitiveness is not only applied unequally across categories such as class, race, and age (Unnever and Cullen 105-06; Wacquant 212) but the effectiveness of punitive policy relative to its costs is contested (Bouffard et al. 466, 477; Hutchinson 139). Despite this, evidence suggests public demand is driving punitive policymaking, but that demand is only weakly related to crime rates (Jennings et al. 463). While discussion of punitiveness in the public sphere often focuses on measures such as boot camps for young offenders, increased incarceration, and longer prison sentences, punitiveness also has a darker side. Our research analysing discussion taking place on a large, regional, crime-focused online forum reveals a startling degree and intensity of violence directed at offenders and related groups. Members of the discussion forum do propose unsurprising measures such as incarceration and boot camps, but also an array of violent alternatives, including beating, shooting, dismemberment, and conversion into animal food. This article draws on our research to explore why discussion of punitiveness can be so intensely violent.

Book Review| August 07 2020 Review: Unusually Cruel: Prisons, Punishment, and the Real American Exceptionalism, by Marc Morjé Howard Unusually Cruel: Prisons, Punishment, and the Real American Exceptionalism, by Marc Morjé Howard. New York: Oxford University Press, 2017. 296 pp. $27.95 (paper). ISBN: 9780190659349. Chase Childress Chase Childress Northeastern University Search for other works by this author on: This Site PubMed Google Scholar National Review of Black Politics (2020) 1 (3): 430–433. https://doi.org/10.1525/nrbp.2020.1.3.430 Views Icon Views Article contents Figures & tables Video Audio Supplementary Data Peer Review Share Icon Share Twitter LinkedIn Tools Icon Tools Get Permissions Cite Icon Cite Search Site Citation Chase Childress; Review: Unusually Cruel: Prisons, Punishment, and the Real American Exceptionalism, by Marc Morjé Howard. National Review of Black Politics 7 August 2020; 1 (3): 430–433. doi: https://doi.org/10.1525/nrbp.2020.1.3.430 Download citation file: Ris (Zotero) Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search nav search search input Search input auto suggest search filter All ContentNational Review of Black Politics Search Marc Morjé Howard’s Unusually Cruel: Prisons, Punishment and the Real American Exceptionalism delivers a sweeping analysis of the criminal justice systems in the United States, France, Germany, the United Kingdom, and Western democratic countries similar to the US that covers a range of economic, cultural, and geopolitical aspects. Supplementing legal analysis with criminological and sociopolitical scholarship on US mass incarceration, Howard explores what makes the US criminal justice system “unusually cruel.” Compared to other countries, US plea-bargaining processes are more coercive, sentences terms lengthier, prison conditions less humane, and obstacles to reentry staggering. Despite a brief reflection on the legal implications of his analysis and the necessary broad treatment given different sociopolitical histories of each country, Unusually Cruel in its systematic contextualization of the “life cycle” of the America criminal justice system is an eye-opening addition to existing criminal justice scholarship. In the first substantive chapter, Howard compares plea bargaining... You do not currently have access to this content.

Internationally and historically unprecedented numbers of women in the United States are under criminal justice supervision in jails, prisons, and the community. Pregnant women and mothers with minor children comprise a large proportion of this population. The rise in criminal justice oversight and

Victim participation in common law has evolved across history and jurisdictions. Historical developments within conceptions of crime, harms, and victims in common law as well as the different victims’ movements provide an understanding of the ways that victim participation has been shaped in more-recent common law criminal justice systems. Victim participation in the criminal legal process has also given rise to various debates, which suggests that providing active forms of engagement to victims remains controversial. The forms of victim participation are also diverse, and the literature has provided typologies of victim participation. Forms of participation also vary across jurisdictions and the different stages of the criminal justice process, including prosecutorial decisions, pretrial and trial proceedings, sentencing, parole, and clemency. Finally, research that focuses on victim participation in legal traditions beyond the common law would provide an additional and important contribution to the field.

Race, crime and criminal justice: international perspectives

Understanding America’s Gun Culture focuses on building understanding of some of the issues associated with US gun culture and the contemporary debate about the availability and use of guns. This edited volume is unique in that it draws on a wide variety of disciplines and presents perspectives on both sides of the debate. Contributors hail from the academic disciplines of history, social work, criminal justice, sociology, religion, and theological ethics as well as policy agencies. Some chapters examine the issues social-psychologically to help readers better understand dynamics within the debate. Others pose important ethical and philosophical questions about gun culture. Still others address practical policy solutions for enhancing gun safety and minimizing gun violence, even bringing in international perspectives. Together, the chapters create a thought-provoking compilation that offers insightful findings, considers theoretical and practical implications, and invites further exploration of the topic.

Part I: Cross-National Perspectives and Issues 1. Introduction 2. Wrongful Conviction and Moral Panic: National and International Prespectives on Organized Child Sexual Abuse 3. Judicial Error and Forensic Science: Pondering the Contribution of DNA Evidence Part II: North American Perspectives and Issues 4. Wrongful Convictions in the United States 5. The Adversary System and Wrongful Conviction 6. Fatal Errors: Compelling Claims of Executions of the Innocent in the Post-Furman Era 7. The Fallibility of Justice in Canada: A Critical Examination of Conviction Review Part III: European and Israeli Perspectives and Issues 8. Wrongful Convictions in Switzerland: The Experience of a Continental Law Country 9. The Vulnerability of Dutch Criminal Procedure to Wrongful Conviction 10. Criminal Justice and Miscarriages of Justice in England and Wales 11. A Comparative Analysis of Prosecution in Germany and the United Kingdom: Searching for Truth or Getting a Conviction? 12. Wrongful Conviction in France: The Limits of Pourvoi en Revision 13. The Sanctity of Criminal Law: Thoughts and Reflections on Wrongful Conviction in Israel 14. Wrongful Convictions in Poland: From the Communist Ero to the Rechtstaat Experience Part IV: Conclusions 15. Wrongful Convictions: Conclusions from an International Overview Contributors Index

Understanding America's Gun Culture focuses on building understanding of some of the issues associated with U.S. gun culture and the contemporary debate about the availability and use of guns. This edited volume is unique in that it draws on a wide variety of disciplines and presents perspectives on both sides of the debate. Contributors hail from the academic disciplines of history, social work, criminal justice, sociology, religion, and theological ethics as well as policy agencies. Some chapters examine the issues social-psychologically to help readers better understand dynamics within the debate. Others pose important ethical and philosophical questions about gun culture. Still others address practical policy solutions for enhancing gun safety and minimizing gun violence, even bringing in international perspectives. This second edition includes literature published in the last two years and two new chapters, one focusing on gender within gun culture and another that features a conversation between the editors and an ethnographic researcher with broad expertise in gun culture and research and policy trends. Together, the chapters create a thought-provoking compilation that offers insightful findings, considers theoretical and practical implications, and invites further exploration of the topic.

The second edition of the Handbook on Prisons provides a completely revised and updated collection of essays on a wide range of topics concerning prisons and imprisonment. Bringing together three of the leading prison scholars in the UK as editors, this new volume builds on the success of the first edition and reveals the range and depth of prison scholarship around the world. The Handbook contains chapters written not only by those who have established and developed prison research, but also features contributions from ex-prisoners, prison governors and ex-governors, prison inspectors and others who have worked with prisoners in a wide range of professional capacities. This second edition includes several completely new chapters on topics as diverse as prison design, technology in prisons, the high security estate, therapeutic communities, prisons and desistance, supermax and solitary confinement, plus a brand new section on international perspectives. The Handbook aims to convey the reality of imprisonment, and to reflect the main issues and debates surrounding prisons and prisoners, while also providing novel ways of thinking about familiar penal problems and enhancing our theoretical understanding of imprisonment. The Handbook on Prisons, Second edition is a key text for students taking courses in prisons, penology, criminal justice, criminology and related subjects, and is also an essential reference for academics and practitioners working in the prison service, or in related agencies, who need up-to-date knowledge of thinking on prisons and imprisonment.