Civilising Criminal Justice

Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a ‘break-through’ in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. ‘Civilising’ criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice – in its various forms – can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be ‘civilised’ and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable.

Probably the best collection there is, Civilizing Criminal Justice is an inescapable resource for anyone interested in restorative justice: truly international and packed with experience while combining history, theory, developments and practical advice.This volume of specially commissioned contributions by widely respected commentators on crime and punishment from various countries is a 'break-through' in bringing together some of the best arguments for long-overdue penal reform. An increasingly urgent need to change outmoded criminal processes, even in advanced democracies, demands an end to those penal excesses driven by political expediency and damaging notions of retribution, deterrence and punishment for its own sake. 'Civilising' criminal justice will make it fairer, more consistent, understandable and considerate towards victims of crime, currently largely excluded from participation. Principles of reparative and restorative justice have become increasingly influential in the quest to provide justice which tackles harm, compensates victims, repairs relationships, resolves debilitating conflicts and calls offenders to account. And in any case, what real justification is there for subjecting more and more people to the expensive but hollow experience of prison, especially at a time of economic stringency. Civil justice - in its various forms - can be swifter, cheaper and more effective, in court or through mediated processes focusing on the harmful consequences of offences rather than inflicting punishment that may satisfy a baying media but come home to haunt the community. This brave and generous book (600 pages) illustrates the many different ways in which criminal justice can be 'civilised' and how lessons can be learned from practical experience across the world and shared expertise. It is a volume that every politician should read, every criminal justice professional should possess, and that every student of criminology and penology will find invaluable. David Cornwell, John Blad and Martin Wright are three of the leading international experts on this topic with many publications to their names individually. Contributors: Serge Gutwirth and Paul De Hert (Belgium), Federico Reggio (Italy), Bas van Stokkom (The Netherlands), Lode Walgrave (Belgium), Susan Easton and Christine Piper (UK), Louis Blom-Cooper QC (UK), Tapio Lappi-Seppälä (Finland), Thomas Trenczek (Germany), Jean-Pierre Bonafé-Schmitt (France), Per Andersen (Norway), Claire Spivakovsky (Australia), Ann Skelton (Republic of South Africa), Borbála Fellegi (Hungary), Judge Fred McElrea (New Zealand); and the editors. John Braithwaite is a Distinguished Professor at the Australian National University, author of ground-breaking works on restorative justice and recipient of various awards.

The practice of mass incarceration has come under increasing criticism by criminologists and corrections experts who, nevertheless, find themselves at a loss when it comes to offering credible, practical, and humane alternatives. In Civilization and Barbarism, Graeme R. Newman argues this impasse has arisen from a refusal to confront the original essence of punishment, namely, that in some sense it must be painful. He begins with an exposition of the traditional philosophical justifications for punishment and then provides a history of criminal punishment. He shows how, over time, the West abandoned short-term corporal punishment in favor of longer-term incarceration, justifying a massive bureaucratic prison complex as scientific and civilized. Newman compels the reader to confront the biases embedded in this model and the impossibility of defending prisons as a civilized form of punishment. A groundbreaking work that challenges the received wisdom of "corrections," Civilization and Barbarism asks readers to reconsider moderate corporal punishment as an alternative to prison and, for the most serious offenders, forms of incapacitation without prison. The book also features two helpful appendixes: a list of debating points, with common criticisms and their rebuttals, and a chronology of civilized punishments.

Expertly authored by the co-editor of the best-selling text Cultural Criminology Unleashed, this book re-examines criminology in a global context. Wide-ranging and up-to-date, it covers the topics of colonialism and post-colonialism, genocide, state control, the impact of September 11th and the post-9/11 world. Exploring the relationship between a modern discipline and modernity, it reworks the history and composition of criminology in light of September 11th and the prevalence of genocide in modernity. Analizing statistics, anthropology and the everyday assumptions of criminology's history, this text addresses the political and scholarly grip on the territorial state and the absence of a global criminology. Rejecting the prevalent belief that September 11th and the responses it evoked were exceptions that either destroyed or revealed the absence of global legal order, the author argues that, in fact, they confirm the nature of the world order of modernity. A compelling and topical volume, this is a must read for anyone interested or studying in the areas of criminology and criminal justice.

Along with most of the rest of Western culture, has crime itself become more "civilized"? This book exposes as myths the beliefs that society has become more violent than it has been in the past and that violence is more likely to occur in cities than in rural areas. The product of years of study by scholars from North America and Europe, The Civilization of Crime shows that, however violent some large cities may be now, both rural and urban communities in Sweden, Holland, England, and other countries were far more violent during the late Middle Ages than any cities are today. Contributors show that the dramatic change is due, in part, to the fact that violence was often tolerated or even accepted as a form of dispute settlement in village-dominated premodern society. Interpersonal violence declined in the seventeenth and eighteenth centuries, as dispute resolution was taken over by courts and other state institutions and the church became increasingly intolerant of it. The book also challenges a number of other historical-sociological theories, among them that contemporary organized crime is new, and addresses continuing debate about the meaning and usefulness of crime statistics. CONTRIBUTORS: Esther Cohen, Herman Diederiks, Florike Egmond, Eric A. Johnson, Michele Mancino, Eric H. Monkkonen, Eva Österberg, James A. Sharpe, Pieter Spierenburg, Jan Sundin, Barbara Weinberger

This innovative book tells the fascinating tale of the long histories of violence, punishment, and the human body, and how they are all connected. Taking the decline of violence and the transformation of punishment as its guiding themes, the book highlights key dynamics of historical and social change, and charts how a refinement and civilizing of manners, and new forms of celebration and festival, accompanied the decline of violence. Pieter Spierenburg, a leading figure in historical criminology, skillfully extends his view over three continents, back to the middle ages and even beyond to the Stone Age. Ranging along the way from murder to etiquette, from social control to popular culture, from religion to death, and from honor to prisons, every chapter creatively uses the theories of Norbert Elias, while also engaging with the work of Foucault and Durkheim. The scope and rigor of the analysis will strongly interest scholars of criminology, history, and sociology, while the accessible style and the intriguing stories on which the book builds will appeal to anyone interested in the history of violence and punishment in civilization.

`A lucid and fascinating account of how society initially comes to be viewed as ′civilized′ on the basis of how it punishes its offenders, and the various numances and contradictions that form the backdrop to that ′civilization′ prior to 1970 and the unraveling of that process thereafter. ...He [Pratt] has at the very least broadened the boundaries of the debate about the history of imprisonment in new and novel ways that will surely become a basis for future analysis′ - The Howard Journal of Criminal Justice ′In presenting and organizing such a wealth of historical material, John Pratt′s book will be welcomed by those who teach and study the history of the prison in the English-speaking world′ - Criminal Justice Punishment and Civilization examines how a framework of punishment that suited the values and standards of the civilized world came to be set in place from around 1800 to the late 20th century. In this book, John Pratt draws on research about prison architecture, clothing, diet, hygienic arrangements and changes in penal language to establish this. The author demonstrates that this did not mean, however, that such a framework of punishment was ′civilized′. Instead it meant that punishment in the civilized world became anonymous and remote. Prison brutalities and privations could be largely unchecked by a public that did not want to be involved. In the last few decades it has become clear that civilized societies have to tolerate new boundaries of punishment. This is not because of any development of ′civilized punishment′. Instead this is due to a shift in public mood and power: from public indifference to public involvement in penal development. Throughout this text theoretical ideas and concepts are accessibly introduced and illustrated with a wide range of examples from the UK, USA, Canada, Australia and New Zealand. It will be essential reading for students and academics of punishment, prisons and social theory.

Lo c Wacquant's writings have shaken the world of criminology--and social science more generally--to their foundations with a wide-ranging critique of neoliberal governance's approach to crime and poverty and its reorientation of state power from welfare to discipline. The first book to fully engage with Wacquant's work, Criminalisation and Advanced Marginality presents critical but constructive essays on his challenging ideas, focusing on the governance of crime and disorder, welfare, and "diswelfare." It concludes with Wacquant's responses to the authors' comments and critiques.

Research; Aborigines in the criminal justice system in some SA and WA towns; dispossession; racism; alcohol abuse, decriminalisation of drunkenness; indecent language; police/Aboriginal relations; Aboriginal Legal Services; customary law.

Recent legislative and policy developments in contemporary Britain have ushered in a new approach to criminal justice. The focus on criminal dispositions and welfarism has given way to a strategy which now involves the management of social exclusion, dysfunctional and anti-social families and situational crime prevention, leading to what has been widely characterized as the 'criminalisation of social policy' - and evidenced most recently by the anti-social behaviour and respect agendas. This book is concerned to explore, analyse and explain these developments. It seeks at the same time to situate the study of anti-social behaviour and response to it in the wider context of changes in the industrial and social structure, social polarization and inequality and the changing role of the welfare state in present-day society. This book will be essential reading for students taking courses in criminology, sociology, criminal justice, social policy and related subjects.