The Dual Penal State

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

This text provides an accessible introduction to the theoretical frameworks of the dual penal state. Taking an issue-led approach, the study locates criminal law in its analytic, comparative, historical, and doctrinal contexts, and aims to stimulate critical reflection beyond the constraints of a particular jurisdiction.

In the second edition of his introductory overview of the Model Penal Code (now titled 'An Introduction to the Model Penal Code'), Markus Dubber retains the book's original aim, approach, and structure as a companion to the Code. Reflecting the Code's attempt to present an accessible, comprehensive, and systematic account of American criminal law, this book unlocks the Code's potential as a key to American criminal law for law students and teachers, and for anyone else with an interest in getting a sense of the basic contours of American criminal law.

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

This book explores the dual nature of legitimacy in prison. It examines the inter-connectivity between audience perception of legitimacy (the prisoners’ perception) and the power-holders’ perception of legitimacy (the prison staff perception). It defines legitimacy in this scenario as the ability of prison workers to implement their authority in an honest, lawful, and just manner, while prisoners acknowledge their status as eligible power-holders who deserve to be obeyed and comply with their decisions. Using mixed methods of qualitative and quantitative research, data were collected in all Slovenian prisons as well as a correctional home. The volume discusses the various factors influencing prisoner's perspective of legitimacy, and recommends avenues for further research. This work will be of interest to researchers in criminology and criminal justice, particularly with an interest in prison and incarceration, or with an interest in Eastern Europe. It will also be of interest to those studying legitimacy within the criminal justice system more generally, and related fields such as sociology, law enforcement, and organizational psychology. Utilizing an in–depth and longitudinal study of legitimacy in Slovenian prisons, Hacin and Meško shed light on legitimacy’s dual nature with an exquisite research design that removes any ambiguity about its essential nature in achieving prison order and correctional environments more conducive to rehabilitation. [...] Overall, the book is an excellent contribution to penological theory, research, and practice. A monograph and case study of a post-modern and post-socialist prison system, it offers a lens for re–examining the mass incarceration models of western prisons for cross–cultural comparisons of prison legitimacy. -Rosemary L. Gido, Professor Emerita, Department of Criminology and Criminal Justice, Indiana University of Pennsylvania, USA This book studies legitimacy in prisoners and among prison staff through the lens of procedural justice theory, focusing on the context of Slovenia. The book is a must–read for scholars who are theoretically and methodologically interested in testing and applying procedural justice theory. Rarely, both prison staff and prisoners are studied in the same inquiry. This is the added value. The results have value for prison policy. This book will be of interest to scholars in criminology and criminal justice, as well as political science and public policy. - Lieven Pauwels, Professor, Department of Criminology, Criminal Law and Social Law, Ghent University, Belgium The now global epistemic community for the study of criminal justice and criminology requires that scholars everywhere be in frequent communication, and that they engage in the testing of concepts that are of potential universal application in democratic countries seeking to build just and efficacious public institutions. The time is here for comparative criminal justice research of high quality to be undertaken, and this book represents exemplary scholarship in this regard. For those scholars from around the world interested in determining the potential and limitations of the theory of procedural justice as applied in the corrections setting, this book represents a “must read” for you. It presents findings from a comprehensive, mixed–methods study of how the core concepts of the theory of procedural justice can be insightfully explored within correctional institutions. The study done in the progressive, highly regarded setting of the Slovenian prison system – carried out with inmates, prison staff (corrections officers and rehabilitation services personnel) and administrators – serves as an excellent template for replication in other countries. The interpretation of findings made by two scholars of remarkable experience and profound knowledge add greatly to the value of this book. For scholars doing worthwhile research into the challenges of building and maintaining just and capable criminal justice systems in democratic countries, this book will inform and inspire you. - Nicholas Lovrich, Research Professor Emeritus, Department of Criminal Justice and Criminology, Washington State University, Pullman, USA

This book offers a research and comparison-driven look at the school-to-prison pipeline, its racial dynamics, the connections to mass incarceration, and our flawed educational climate—and suggests practical remedies for change. How is racism perpetuated by the education system, particularly via the "school-to-prison pipeline?" How is the school to prison pipeline intrinsically connected to the larger context of the prison industrial complex as well as the extensive and ongoing criminalization of youth of color? This book uniquely describes the system of policies and practices that racialize criminalization by routing youth of color out of school and towards prison via the school-to-prison pipeline while simultaneously medicalizing white youth for comparable behaviors. This work is the first to consider and link all of the research and data from a sociological perspective, using this information to locate racism in our educational systems; describe the rise of the so-called prison industrial complex; spotlight the concomitant expansion of the "medical-industrial complex" as an alternative for controlling the white and well-off, both adult and juveniles; and explore the significance of media in furthering the white racial frame that typically views people of color as "criminals" as an automatic response. The author also examines the racial dynamics of the school to prison pipeline as documented by rates of suspension, expulsion, and referrals to legal systems and sheds light on the comparative dynamics of the related educational social control of white and middle-class youth in the larger context of society as a whole.

A compelling examination of the highly criticized use of long-term solitary confinement in Philadelphia's Eastern State Penitentiary during the nineteenth century.

The classic and groundbreaking study of penal slavery throughout the ages is available again. Previously a rare book, despite the fact that it is widely quoted and cited by scholars in the field of sociology, penology, and criminology, this book can now be accessed easily worldwide and be assigned again to classes. Now in its fortieth anniversary edition, Sellin's classic Slavery and the Penal System adds a new Foreword by Barry Krisberg at Berkeley. This edition also incorporates changes the author originally planned for a second printing, provided to Quid Pro Books by the Library Special Collections at Penn and authorized by his family. Part of the Classics of Law & Society Series from Quid Pro Books, the anniversary edition also includes explanatory Notes of the Series Editor by Steven Alan Childress, senior professor of law at Tulane University. A book that has become a standard part of the canon in its field, but over time grew to be too expensive for researchers and libraries to obtain, is now easily downloaded in a well-formatted ebook. Other features include linked Contents and notes, fully linked and paginated Index, and close reading of the text against the original so that its legacy is properly and accurately presented. This book traces the direct and indirect influences of the social institution of chattel slavery on the evolution of penal systems and practices in Europe and the United States — a dismal story. The author reveals the darkest and most brutal aspects of penal history and the social forces that resisted or nullified the efforts of reformers who sought to bring about humanization of the punishment. The book shows that domestic punishments inflicted on slaves by masters later become legal punishments for crimes committed by low-class freedmen — eventually to become legal sanctions against offenders regardless of social status. A dominant force is the class and caste structure of society that is reflected in the determination of what conduct should be defined as criminal, who should be punished, and what the punishment should be. Topics include ancient Greece and Rome, the Middle Ages in Europe, galley slaves and naval arsenal prisons in maritime countries, penal creation of public works, the rise of houses of correction, invention of the treadmill, practices in England and Russia, slavery in the antebellum South, and twentieth-century U.S. chain gangs, penal farms, and convict-lease system.