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Book part
Publication date: 1 August 2023

Julie Stubbs, Sophie Russell, Eileen Baldry, David Brown, Chris Cunneen and Melanie Schwartz

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Rethinking Community Sanctions
Type: Book
ISBN: 978-1-80117-641-5

Book part
Publication date: 14 December 2023

David Brown

This chapter provides a brief overview of community sanctions in Australia and examines the extent to which McNeill’s analysis in Pervasive Punishment (2019) is applicable in the…

Abstract

This chapter provides a brief overview of community sanctions in Australia and examines the extent to which McNeill’s analysis in Pervasive Punishment (2019) is applicable in the Australian context. Two key issues in the Australian context are, firstly, state and territory-level variations within a federal political structure, and secondly, disproportionate Indigenous imprisonment and community sanction rates and the generally destructive impact of the criminal legal system on Indigenous communities and peoples. The chapter argues that developing a better agonistic politics around community sanctions requires descending from the broad level of historical and sociological analysis to examine state and territory-level variations in judicial and correctional structures, histories and cultures. Further, that Australian community sanctions cannot be understood without a primary focus on the differences between Indigenous and non-Indigenous rates, experiences and meaning. The key to addressing the destructive impact of criminal legal processes and practices on Indigenous peoples lies in developing Indigenous governance, empowerment, self-determination, sovereignty and nation-building. Two recent developments promoting Indigenous governance are examined: the Uluru Statement from the Heart and Justice Reinvestment projects initiated by First Nations communities, highlighting the importance of activism, contest and struggle by community organisations.

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Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

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Book part
Publication date: 19 October 2020

Debbie Bargallie, Chris Cunneen, Elena Marchetti, Juan Tauri and Megan Williams

Criminology and criminal justice research in Australia that involves Indigenous peoples or has an Indigenous focus currently needs to follow guidelines of the National Health and…

Abstract

Criminology and criminal justice research in Australia that involves Indigenous peoples or has an Indigenous focus currently needs to follow guidelines of the National Health and Medical Research Council National Statement on Ethical Conduct in Human Research (Updated 2018) and the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Guidelines for Ethical Research in Australian Indigenous Studies (2012). However, neither of these documents specifically focus on research or evaluations in the criminology and criminal justice space, resulting in discipline-specific gaps. Drawing from both the Declaration on the Rights of Indigenous Peoples and Indigenous and post-colonial literature on research ethics, our chapter focuses on three core questions: (a) What does ‘free, prior and informed consent’ to participate in research mean and how should it be obtained and operationalised in criminology and criminal justice research involving Indigenous peoples and communities? (b) What does the requirement that research be ‘for the benefit of Indigenous peoples’ mean in the context of criminal justice research? and (c) How can ethical guidelines ensure that Indigenous-focussed criminological and criminal justice research and evaluation enhance and support Indigenous peoples’ empowerment and self-determination?

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Indigenous Research Ethics: Claiming Research Sovereignty Beyond Deficit and the Colonial Legacy
Type: Book
ISBN: 978-1-78769-390-6

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Book part
Publication date: 14 December 2023

John Todd-Kvam

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an…

Abstract

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an overview of the penal field in Norway and how community sanctions and measures have evolved within it. The author uses the work of Wacquant and Bourdieu to argue that there are three important levels within the Norwegian penal field: political, policy and practice. The author also discusses how drivers from the political and policy levels are affecting community-based penal practice. Using McNeill’s dimensions of mass supervision, the author discusses the implications of these changes for three less-explored aspects of punishment in Norway: the serving of short sentences at home on electronic monitoring, supervision of people under 18 and ‘punishment debt’ enforcement.

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Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

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Book part
Publication date: 10 October 2014

Rose Ricciardelli, Hayley Crichton and Lisa Adams

In this chapter, we explicate the evolution of Canadian corrections, the political, social and judicial realities that have shaped punishment and imprisonment over history. We…

Abstract

Purpose

In this chapter, we explicate the evolution of Canadian corrections, the political, social and judicial realities that have shaped punishment and imprisonment over history. We reveal how such factors continue to leave their mark on the current Canadian federal criminal justice system and its structures of incarceration.

Design/methodology/approach

A comprehensive review of accessible literatures detailing the nation’s development of punishment and incarceration is presented. The history of imprisonment is traced up to the current year and the role of penal populism as theorized by Garland (2001) and, later, Pratt (2007) is presented to discern the motivations for the current punitive correctional rhetoric, as well as its impact on conditions of confinement and program implementation in penitentiaries.

Findings

Canada’s correctional history is largely shaped by how punishment is defined and how such definitions are influenced by members of society; including victims, perpetrators, politicians and media personalities. The realities of current conditions of confinement have been impacted by social and political pressures that encourage increasingly punitive policies oriented towards ‘tough on crime’ initiatives. Current corrections are characterized by overcrowding, concerns about rehabilitative programming and resource allocation and mental health care.

Originality/value

Recent legislative amendments have solidified a ‘tough on crime’ agenda in Canada, however the process underlying the movement towards the acceptance, even public demand, for such legislative changes remain in need of dissemination; particularly in light of the decades of decreasing crime rates in the country.

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Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

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Book part
Publication date: 20 July 2023

Abdul Kabir A. Gonzales

Politics is ubiquitous in every crisis, and public health issues have always been weaponised to advance political mileage of leaders. This chapter first analyses the link between…

Abstract

Politics is ubiquitous in every crisis, and public health issues have always been weaponised to advance political mileage of leaders. This chapter first analyses the link between COVID-19 and populism in the Philippines and Malaysia. During the coronavirus pandemic, an exodus of opportunistic leaders in both countries took advantage of the health crisis to cement their control and maintain power. Strong and charismatic leadership helped Filipino populist politicians spread their influence with solid support from the people and less resistance from the opposition. Meanwhile, Islamist populism and ethnonationalism were utilised by Malaysian leaders to secure authority and earn people’s recognition. Then, it explores how generations of national issues, such as corruption, inequality, and instability, also contributed to the rise of populist leaders in the Philippines and Malaysia. Finally, the chapter argues that the future of populism in these countries will remain strong due to the vulnerability of the people. In one way or another, COVID-19 and populism affect global movements, not just political and social, considering their generational and historical developments. The chapter seeks to answer the following question: what factors contributed to the rise of populism, and what are the future of populism in both countries?

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Pandemic, Politics, and a Fairer Society in Southeast Asia: A Malaysian Perspective
Type: Book
ISBN: 978-1-80455-589-7

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Book part
Publication date: 10 October 2014

Shinichi Ishizuka

The number of reported cases for Japanese Penal Code offenses amounted to 2.5 million in 1997 and increased every year, reaching 3.6 million in 2002 and 2003. However, the number…

Abstract

Purpose

The number of reported cases for Japanese Penal Code offenses amounted to 2.5 million in 1997 and increased every year, reaching 3.6 million in 2002 and 2003. However, the number decreased from 2004 to 2008 to 2.5 million. Almost throughout the same period, the number of cases and persons cleared remained comparatively steady between 1.3 and 1.5 million and 1 and 1.2 million respectively, but the latter finally fell below one million in 2011. In this chapter I describe such a rise and fall as a “Mt. Fuji-line” that appears as a mountain-shaped curve on a graph.

Design/methodology/approach

The Japanese government reacted to the increase of crimes, which was seen as a reflection of a weakened or broken security and safety. The most effective policy, it was thought therefore, was to increase the number of policemen. This policy followed the strategy of New York City, made famous by its then Mayor Giuliani, who declared “A War on Crimes” and increased the number of police officers by ten thousand to revive New York from “A Crime City.” As criminologists have experienced so-called “labeling shocks” and learned from the approach of symbolic interactionism, criminologists can no longer simply accept that statistical data reflect weakened or broken security issues. Agencies of criminal justice, especially police officers, use such data as statistical evidence to show that the crime situation got worse.

Findings

I argue that the rise and fall of crimes, especially the increasing and decreasing number of reported cases, reflects changes of crime control policies. I analyze the Mt. Fuji-line from 1998 to 2011. The increase of crimes as well as the weakened or broken security and safety functioned as evidence that justified the reinforcement of police power and a new criminal justice shift for a lay judge system in the rising phase (1998–2003). Since the concept of a bigger justice system needs, however, lots of personnel and material sources, the Japanese government eventually gave up sustaining it. Agencies used their discretion to skip petty crimes and divert suspects because of a reduction of excessive burdens and inappropriate prison population, but they stepped into a new stage to adjust their burdens, keeping their own empowered framework of criminal justice system. These changing policies resulted in the reduction of crime in a falling phase (2004–2011).

Originality/value

These phenomena are explained from the viewpoint of Jürgen Habermas’ crisis theory. I conclude that the framework and capacity of the Japanese criminal justice system grew far bigger and that original functions of crime control through criminal procedure became weaker by being outsourced to other peripheral social systems and agencies. Thus the crime control system has been successful in bringing about a net-widening effect.

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Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

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Book part
Publication date: 6 November 2018

Reiter Keramet

While the steep increases in rates of incarceration seen in the United States in the late twentieth century have begun to level out, one form of incarceration has seen more…

Abstract

While the steep increases in rates of incarceration seen in the United States in the late twentieth century have begun to level out, one form of incarceration has seen more drastic reductions in rates of use in the 2010s: long-term solitary confinement. Across the United States, prisons that once isolated prisoners for decades at a time stand hauntingly empty. The solitary confinement reform movement provides an important lens for examining what happens when an entrenched punitive practice faces widespread and sustained criticism and reveals the multiple paradigms through which reform operates – through politics, litigation, or charismatic leadership.

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After Imprisonment
Type: Book
ISBN: 978-1-78769-270-1

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Article
Publication date: 1 April 2008

Niyi Awofeso

Advocacy is an important tool for translating population health objectives and research findings into policy and practice, as well as for enhancing stakeholder support for…

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Abstract

Advocacy is an important tool for translating population health objectives and research findings into policy and practice, as well as for enhancing stakeholder support for programmes and activities with a potential to improve the health of populations. At the inception of modern prisons, health advocacy approaches focused on appealing to humanitarian and religious sentiments of stakeholders to improve the well‐being of prisoners. This approach achieved limited results, not least because of persistent apathy of custodial authorities and the public to prisoners’ wellbeing. From the mid twentieth century onwards, a constitutional and human rights approach evolved, with courts becoming actively involved in mandating minimum health standards in prisons. Penal populism eroded public support for a judicial recourse to improving prison health services, and encouraged governments to institute procedural barriers to prisoner‐initiated litigation. The author proposes an approach premised on public health principles as an appropriate platform to advocate for improvements in prison health services in this era. Such an advocacy platform combines the altruistic goals of the humanitarian and constitutional rights approaches with an appeal to community’s self‐interest by alerting the public to the social, financial and health implications inherent in released prisoners suffering from major communicable and chronic diseases re‐entering the community.

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International Journal of Prisoner Health, vol. 4 no. 4
Type: Research Article
ISSN: 1744-9200

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Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

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