Penology

Retribution and Capital Punishment

by Thom Brooks

in Mark D. White (ed.), Retributivism: Essays on Theory and Practice. Oxford: Oxford University Press, 2011, pp. 232-45.

This chapter argues that contrary to popular wisdom (and clear pronouncements by classic retributivists such as Kant),... more This chapter argues that contrary to popular wisdom (and clear pronouncements by classic retributivists such as Kant), retributivists should oppose capital punishment for murderers. He concedes that murderers may deserve to be executed, and that this can be carried out fairly and humanely. Rather, his argument focuses on epistemic problems with ascertaining guilt, which have been made more prominent and visible by recent advances in forensic science (such as DNA testing). Even after guilt was found beyond a reasonable doubt during a fair trial, and confirmed in all subsequent appeals, these scientific advances have been able to clearly demonstrate the innocence of dozens of convicted murderers on death row. This chapter rejects several other arguments against capital punishment offered as retributivist before outlining and defending his own against actual and potential criticisms.

Hegel and the Unified Theory of Punishment

by Thom Brooks

Published in Thom Brooks (ed.), Hegel's Philosophy of Right. Oxford: Blackwell, 2012.

Keywords:

politics, and Hegel's theory;Hegel's unified theory of punishment;Philosophy of Right;The... more Keywords:

politics, and Hegel's theory;Hegel's unified theory of punishment;Philosophy of Right;The Science of Logic;“hybrid” theories of punishment;PR, and punishment;crime and its punishment;British idealists, defending Hegel's idea;societal, justifying legal punishment
Summary

This chapter contains sections titled:

Introduction

The Key Idea

Punishment in the Philosophy of Right

The Reception amongst British Idealists

The Prospects of a Unified Theory of Punishment

Notes

References

A Concise Overview of Penology and Penal Practice in Slovenia:: The Unchanged Capacity, New Standards, and Prison Overcrowding

by Gorazd Mesko

http://tpj.sagepub.com/content/91/4.toc
The Prison Journal 2011/4

Although Slovenia has one of the lowest incarceration rates in the world, there are not enough facilities to house the... more Although Slovenia has one of the lowest incarceration rates in the world, there are not enough facilities to house the current inmate population, and prison overcrowding is becoming a serious problem in the country. This article addresses this issue, beginning with an in-depth history of penology and penal practices in Slovenia and concluding with suggestions to deal with this potentially disastrous situation. If the imprisonment rate in Slovenia does not decrease in the near future, or if Slovenia cannot create more capacity, prison overcrowding will grow beyond acceptable standards. The present situation in Slovene prisons calls for a multidisciplinary research and cost/benefit analysis. The Slovenian prison administration is challenged by its budget and staff resources. However, it is argued that the problem goes beyond this capacity and requires a serious reconsideration of penal policy, criminal court practice, and parole committee practices as well. It is also necessary to emphasize that Slovenia is the only country in the European Union without a probation service system.

Procedural justice, legitimacy, and prisoner misconduct

by Gorazd Mesko

Co-authored with Michael D. Reisig;
Psychology, Crime & Law, Volume 15, Issue 1, 2009

Using structured interview data and official records from an incarcerated sample of adult males housed in a Slovene... more Using structured interview data and official records from an incarcerated sample of adult males housed in a Slovene prison, this study tests hypotheses derived from the process-based model of regulation (Tyler, in M. Tonry (Ed.), Crime and justice, pp. 283–357, 2003). The findings show that inmates who evaluate prison officers’ use of authority as procedurally just are less likely to report engaging in misconduct and are charged with violating fewer institutional rules. The observed association between procedural justice and legitimacy is indistinguishable from zero. Although legitimacy is inversely related to both prisoner misconduct measures, the associations are relatively weak. Overall, these findings partially support Tyler's social–psychological framework, and also provide empirical justification for fair and respectful offender management.

Risk, responsibility and reconfiguration: Penal adaption and misadaption

by Cyrus Tata

The Interpretation and Use of Pre-Sentence Reports in the Sentencing Process

by Cyrus Tata

Beyond the Technology of Quick Fixes-Will the Judiciary Act to Protect Itself and Shore up Judicial Independence-Recent Experience from Scotland

by Cyrus Tata

The Failure of Recall to Prison: Early Release, Front-Door and Back-Door Sentencing and the Revolving Prison Door in Scotland

by Cyrus Tata

Too Early is Too Soon: Lessons from the Montana Department of Corrections Early Release Program

by Kevin Wright

Wright, Kevin A., and Jeffrey W. Rosky. (2011). "Too Early is Too Soon: Lessons from the Montana Department of Corrections Early Release Program." Criminology & Public Policy, 10, 881-908.

Early release procedures will likely become increasingly necessary during a time of fiscal uncertainty in... more Early release procedures will likely become increasingly necessary during a time of fiscal uncertainty in corrections.  To date, however, few empirical evaluations appear in the literature to guide correctional administrators in making these potentially unpopular decisions.  Failure to fully appreciate the consequences of early release for the criminal justice system (as well as the general public) could lead to unintended consequences in the form of increased costs, and, potentially, a decrease in public safety.  The current study seeks to build upon the limited information available by evaluating the effectiveness of releasing offenders early in Montana in an attempt to mitigate a budget deficit.  Results indicate that although the procedure was successful in the short-term, increased recidivism by early releasees ultimately contributed to a greater overall recidivism rate in Montana. 

Alexander Maconochie’s ‘Mark System’

by John Moore

Prison Service Journal November 2001 No. 198, pp.38-46

JohnMoore contributes a fascinating account of
the innovative work of Alexander Maconochie, a prison more JohnMoore contributes a fascinating account of
the innovative work of Alexander Maconochie, a prison
governor on the Norfolk Island penal settlement in
Australia, and at Birmingham prison in the mid 19th
century.Many of his ideas, including conditional rewards,
reducing offending on release, and developing
meaningful work, can be seen echoing down the years to
this very day. His eventual failure also stands as a poignant
warning to those who follow in his footsteps.

Assisting and Advising the Sentencing Decision Process

by Cyrus Tata

British Journal of Criminology: International Review of Crime and Justice Vol. 48: 835-855

A Sense of Justice: the Role of Pre-Sentence Reports in the Production and Disruption of Guilt and Guilty Pleas

by Cyrus Tata

Punishment & Society: the International Journal of Penology Vol. 12(3)

The Punitive Coma

by James Oleson

No Promises, But I'm Willing to Listen and Tell What I Hear: Conducting Qualitative Research Among Prison Inmates and Staff.

by Al Patenaude

Patenaude, Allan L. 2004. “No Promises, But I’m Willing to Listen and Tell What I Hear: Conducting Qualitative Research Amongst Prison Inmates and Staff.” in The Prison Journal, Volume 84(4) Supplemental Issue. pp. 69S-91S.

A Qualitative Exploration into a Prison Substance Abuse Treatment Program:" I Tell Them What They Want to Hear.

by Al Patenaude

Patenaude, Allan L. 2005. “A Qualitative Exploration into a Prison Substance Abuse Treatment Program: “I Tell Them What They Want to Hear”.” in Barbara Sims (ed.), Substance Abuse Treatment With Correctional Clients: Practical Implications for Institutional and Community Settings. Binghamton, Massachusetts: Haworth Publishing. pp. 73-93.

Cheliotis, L. K. (2012) ‘The Arts of Imprisonment: An Introduction’, in L. K. Cheliotis (ed.) The Arts of Imprisonment: Control, Resistance and Empowerment, pp. 1-26. Aldershot: Ashgate.

by Leonidas Cheliotis

Transformation, Resistance and Legitimacy: the role of Pre-Sentence Reports in the Production (and Disruption) of Guilt and Guilty Pleas

by Cyrus Tata

What rules in sentencing? Consistency and disparity in the absence of rules

by Cyrus Tata

Accountability for the sentencing decision process: Towards a new understanding

by Cyrus Tata

Sentencing as craftwork and the binary epistemologies of the discretionary decision process

by Cyrus Tata

Social & Legal Studies Vol 16: 425-447