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Puerto Rico and the Origins of U.S. Global Empire: The Disembodied Shade (Law and the Postcolonial)
by Charles R. Venator-SantiagoDrawing on a postcolonial legal history of the United States’ territorial expansionism, this book provides an analysis of the foundations of its global empire. Charles R. Venator-Santiago argues that the United States has developed three traditions of territorial expansionism with corresponding constitutional interpretations, namely colonialist, imperialist, and global expansionist. This book offers an alternative interpretation of the origins of US global expansion, suggesting it began with the tradition of territorial expansionism following the 1898 Spanish–American War to legitimate the annexation of Puerto Rico and other non-contiguous territories. The relating constitutional interpretation grew out of the 1901 Insular Cases in which the Supreme Court coined the notion of an unincorporated territory to describe the 1900 Foraker Act’s normalization of the prevailing military territorial policies. Since then the United States has invoked the ensuing precedents to legitimate a wide array of global policies, including the ‘war on terror’. Puerto Rico and the Origins of US Global Empire: The Disembodied Shade combines a unique study of Puerto Rican legal history with a new interpretation of contemporary US policy. As such, it provides a valuable resource for students and scholars of the legal and historical disciplines, especially those with a specific interest in American and postcolonial studies.
A Puget Sound Orca in Captivity: The Fight To Bring Lolita Home
by Sandra Pollard David NeiwertOn August 8, 1970, the Southern Resident orcas of Puget Sound were herded into Penn Cove on Whidbey Island by explosives, spotter planes and speedboats in a coordinated effort to capture seven young whales. Between 1964 and 1976, dozens of these now-endangered orcas were torn from their home and sent to marine parks around the globe. Just over a decade later, all but one had died. This lone survivor is Tokitae, also known as Lolita, and she's spent most of her life performing at the Miami Seaquarium. For twenty years, the Orca Network has called for her release, and now the indigenous Lummi Nation, People of the Sea, have joined the fight. Author Sandra Pollard chronicles the extraordinary effort to bring Tokitae home.
Puget Sound Whales for Sale: The Fight to End Orca Hunting
by Sandra PollardA look at the history of the commercial capturing of orcas in Washington’s Puget Sound, the whales taken, and the efforts to save them. In November, 2005, Washington’s iconic killer whales, known as Southern Resident orcas, were placed on the endangered species list. It was a victory long overdue for a fragile population of fewer than one hundred whales. Author and certified marine naturalist Sandra Pollard traces the story and destinies of the many Southern Resident orcas captured for commercial purposes in or near the Puget Sound between 1964 and 1976. During this time, these highly intelligent members of the dolphin family lost nearly one-third of their population. Drawing on original archive material, this important volume outlines the history of orca captivity while also recounting the harrowing struggle—and ultimate triumph—for the Puget Sound orcas’ freedom.“Making liberal use of interviews, correspondence and newspaper accounts, as well as less intensive use of legislative, governmental, and nonprofit records, Pollard constructs an easily digestible narrative for lay individuals curious about the hunting of Puget Sound’s Northern and Southern Resident killer whale groups between 1965 and 1976. Puget Sound Whales for Sale significantly succeeds the former (Blackfish) in breadth and depth.” —Pacific Northwest Quarterly
Pulled Over: How Police Stops Define Race and Citizenship (Chicago Series in Law and Society)
by Steven Maynard-Moody Charles R. Epp Donald Haider-MarkelIn sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as "aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.
Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries
by Adeline IfteneBuilt around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses. Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, hich would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.
Punishing Atrocities through a Fair Trial: International Criminal Law From Nuremberg To The Age Of Global Terrorism
by Jonathan HafetzOver the past decades, international criminal law has evolved to become the operative norm for addressing the worst atrocities. Tribunals have conducted hundreds of trials addressing mass violence in the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and other countries to bring to justice perpetrators of genocide, war crimes, and crimes against humanity. <P><P>But international courts have struggled to hold perpetrators accountable for these offenses while still protecting the fair trial rights of defendants. Punishing Atrocities through a Fair Trial explores this tension, from criticism of the Nuremberg Trials as 'victor's justice' to the accusations of political motivations clouding prosecutions today by the International Criminal Court. It explains why international criminal law must adhere to transparent principles of legality and due process to ensure its future as a legitimate and viable legal regime.<P> Provides a new framework for conceptualizing developments in international criminal law.<P> Discusses various aspects of fairness in international criminal proceedings.<P> Highlights the tension between accountability and due process when prosecuting atrocities.<P>
Punishing Immigrants: Policy, Politics, and Injustice (New Perspectives in Crime, Deviance, and Law #15)
by Marjorie S. Zatz Ramiro Martínez Charis E. KubrinArizona's controversial new immigration bill is just the latest of many steps in the new criminalization of immigrants. While many cite the presumed criminality of illegal aliens as an excuse for ever-harsher immigration policies, it has in fact been well-established that immigrants commit less crime, and in particular less violent crime, than the native-born and that their presence in communities is not associated with higher crime rates. Punishing Immigrants moves beyond debunking the presumed crime and immigration linkage, broadening the focus to encompass issues relevant to law and society, immigration and refugee policy, and victimization, as well as crime. The original essays in this volume uncover and identify the unanticipated and hidden consequences of immigration policies and practices here and abroad at a time when immigration to the U.S. is near an all-time high. Ultimately, Punishing Immigrants illuminates the nuanced and layered realities of immigrants' lives, describing the varying complexities surrounding immigration, crime, law, and victimization. Podcast: Susan Bibler Coutin, on the process and effects of deportation --Listen here.
Punishing Places: The Geography of Mass Imprisonment
by Jessica T. SimesPunishing Places applies a unique spatial analysis to mass incarceration in the United States. It demonstrates that our highest imprisonment rates are now in small cities, suburbs, and rural areas. Jessica Simes argues that mass incarceration should be conceptualized as one of the legacies of U.S. racial residential segregation, but that a focus on large cities has diverted vital scholarly and policy attention away from communities affected most by mass incarceration today. This book presents novel measures for estimating the community-level effects of incarceration using spatial, quantitative, and qualitative methods. This analysis has broad and urgent implications for policy reforms aimed at ameliorating the community effects of mass incarceration and promoting alternatives to the carceral system.
Punishing Poverty: How Bail and Pretrial Detention Fuel Inequalities in the Criminal Justice System
by Christine S. Scott-Hayward Henry F. FradellaMost people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.
Punishment (Key Ideas in Criminology)
by Rob CantonThis book explores the concept of punishment: its meaning and significance, not least to those subject to it; its social, political and emotional contexts; its role in the criminal justice system; and the difficulties of bringing punishment to an end. It explores how levels of criminal punishment could and should be reduced, without compromising moral standards, public safety or the rights of victims of crime. Core contents include: Why punishment matters, the salience of emotions in its various discourses and the role of culture. The politicisation of punishment and legitimacy. The penal system, the prominence of the prison in research on punishment and the role of community sanctions. The aims of punishment, its limits and the role of power. The ethics of punishment and human rights. Punishment and social order. This book is essential reading for all criminologists, as well as students taking courses on punishment, penology, prisons and the criminal justice system.
Punishment: Rhetoric, Rule, and Practice (Routledge Revivals)
by Christopher Harding Richard W. IrelandFirst published in 1989, Punishment examines the practice of punishment, not simply as a typical sanction employed by the state but as a pervasive feature of social organisation in both past and contemporary societies. With depth and rigour, they consider penal practice in a variety of historical and cultural contexts, such as the family, kinship and tribal groupings, small communities, educational institutions, the workplace and the commercial environment, criminal organisations, and the wider international community, as well as that of the state. In this way they widen the scope of the debate about the use of punishment as an instrument of human organisation, presenting different perspectives on the phenomenon of punishment and questioning the boundaries between different disciplines – juridical, philosophical, sociological, psychological and historical – within which the subject has been considered in the past. This book will be of interest to students and teachers of history, sociology, criminology, law, philosophy and psychology.
Punishment: A Legal Thriller
by Linda RockerIt was a day like any other at the West Palm Beach courthouse -- that is until the bomb went off and set the mayhem in motion. Bailiff Casey Portman arrived too late for her morning coffee, but early enough to see the beginning of a series of mishaps, mistakes, and murders that would tie the justice system in knots. At the center of it all is the trial of the decade in her judge's courtroom, a case nicknamed a "Dogicide" for the man charged with murder using his pit bull as a weapon.
Punishment: The gripping international bestseller
by Ferdinand von SchirachA young lawyer puts aside her sense of justice to succeed at her new firm. A man who values silence is driven to murder by his noisy neighbours. A cheated wife seeks revenge.How do you decide what punishment fits the crime?Our narrator is a man you'd never want to meet unless you really needed him. A nameless criminal defence lawyer, he coolly narrates the fate of twelve characters who cross his path. In spare, gripping prose, he tells their stories, uncovering the loneliness and alienation, desire and desperation which drive their choices and shape the consequences they face. Drawn from Ferdinand von Schirach's eminent career as a criminal defence lawyer, Punishment masterfully treads the line between fiction and truth, each meticulously crafted story crackling with white-knuckle suspense and vivid characters who stay with you long after the final page.
Punishment: The gripping international bestseller
by Ferdinand von SchirachA young lawyer puts aside her sense of justice to succeed at her new firm. A man who values silence is driven to murder by his noisy neighbours. A cheated wife seeks revenge.How do you decide what punishment fits the crime?Our narrator is a man you'd never want to meet unless you really needed him. A nameless criminal defence lawyer, he coolly narrates the fate of twelve characters who cross his path. In spare, gripping prose, he tells their stories, uncovering the loneliness and alienation, desire and desperation which drive their choices and shape the consequences they face. Drawn from Ferdinand von Schirach's eminent career as a criminal defence lawyer, Punishment masterfully treads the line between fiction and truth, each meticulously crafted story crackling with white-knuckle suspense and vivid characters who stay with you long after the final page. Translated from the German by Katharina Hall
Punishment and Inclusion: Race, Membership, and the Limits of American Liberalism
by Andrew DiltsAt the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.
Punishment and Inequality in America
by Bruce WesternOver 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.
Punishment and Inequality in America
by Bruce WesternOver 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.
Punishment and Madness: Governing Prisoners with Mental Health Problems
by Toby SeddonThe focus of this book is on the government of prisoners with mental health problems in England and Wales over the last twenty-five years. The wider context and backdrop to the book is the shift to 'late modernity', which, since the 1970s has seen massive structural change in most Western societies, affecting the social, economic and cultural spheres, as well as the field of crime and punishment. This book investigates whether these profound transformations have also led to a reconfiguring of responses to mentally vulnerable offenders who end up in prison. Specifically, it explores how this group of prisoners has come to be viewed increasingly as sources of 'risk', requiring 'management' or containment, rather than as people suitable for therapeutic responses. The book draws on primary research carried out by the author, including interviews with key informants involved in the field during this period, such as former cabinet ministers, senior civil servants, campaigners and academics. In conducting this investigation, the author has developed a method of research which combines and synthesizes different forms of analysis to create a novel approach to socio-historical research.
Punishment and Modern Society: A Study in Social Theory (Studies In Crime And Justice Ser.)
by David GarlandIn this path-breaking book, David Garland argues that punishment is a complex social institution that affects both social relations and cultural meanings. Drawing on theorists from Durkheim to Foucault, he insightfully critiques the entire spectrum of social thought concerning punishment, and reworks it into a new interpretive synthesis. "Punishment and Modern Society is an outstanding delineation of the sociology of punishment. At last the process that is surely the heart and soul of criminology, and perhaps of sociology as well—punishment—has been rescued from the fringes of these 'disciplines'. . . . This book is a first-class piece of scholarship."—Graeme Newman, Contemporary Sociology "Garland's treatment of the theorists he draws upon is erudite, faithful and constructive. . . . Punishment and Modern Society is a magnificent example of working social theory."—John R. Sutton, American Journal of Sociology "Punishment and Modern Society lifts contemporary penal issues from the mundane and narrow contours within which they are so often discussed and relocates them at the forefront of public policy. . . . This book will become a landmark study."—Andrew Rutherford, Legal Studies "This is a superbly intelligent study. Its comprehensive coverage makes it a genuine review of the field. Its scholarship and incisiveness of judgment will make it a constant reference work for the initiated, and its concluding theoretical synthesis will make it a challenge and inspiration for those undertaking research and writing on the subject. As a state-of-the-art account it is unlikely to be bettered for many a year."—Rod Morgan, British Journal of Criminology Winner of both the Outstanding Scholarship Award of the Crime and Delinquency Division of the Society for the Study of Social Problems and the Distinguished Scholar Award from the American Sociological Association's Crime, Law, and Deviance Section
Punishment and Political Order
by Keally McbrideMost of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity.
Punishment and Process in International Criminal Trials (International and Comparative Criminal Justice)
by Ralph HenhamInternational sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
Punishment and Retribution (Law, Justice And Power Ser.)
by Leo ZaibertDiscussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Punishment and the History of Political Philosophy
by Arthur ShusterContemporary philosophy still lacks a satisfying theory of punishment, one that adequately addresses our basic moral concerns. Yet, as the crisis of incarceration in the United States and elsewhere shows, the need for a deeper understanding of punishment's purpose has never been greater.In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault. Through careful interpretation of their key texts, he argues that continuing tensions over retribution's role in punishment reflect the shift in political philosophy from classical republicanism to modern notions of individual natural rights and the social contract.This book will be vital reading for political theorists, philosophers, criminologists, and legal scholars looking for a new perspective on the moral challenges faced by the modern criminal justice system.
Punishment in America: A Reference Handbook
by Cyndi BanksBanks (criminal justice, Northern Arizona U.) begins with a history of judicial punishment in the US as well as the extra-judicial practices of vigilantism and lynching. They set out the problems, controversies, and solutions being debated now, and compares practices and debates in other countries. Additional tools for research by high school or college students include a chronology, biographical sketches, facts and data, and lists of agencies and organizations, and print and non-print resources.
Punishment in Popular Culture (The Charles Hamilton Houston Institute Series on Race and Justice #4)
by Charles J. Ogletree Jr. Austin SaratThe way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America's distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both "high" and "popular" culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.