The Politics of Presence

Author(s):  
Andrew Johnson

Pentecostal pastors and volunteers who work with prison populations tend to focus on individual salvation and personal transformation of inmates as opposed to participating in traditional political action aimed at reforming criminal justice institutions. Though the emphasis is on the individual inmate, pastors’ and volunteers’ choice to stand alongside inmates throughout the week and during times of crisis is a political act that has political ramifications. I observed Pentecostal pastors intervene on behalf of vulnerable inmates, but also on behalf of entire prisons during times of crisis and in one case they pressured government officials to improve conditions for inmates.

Author(s):  
Hannah L. Walker

Springing from decades of abuse by law enforcement and an excessive criminal justice system, members of over-policed communities lead the current movement for civil rights in the United States. Activated by injustice, individuals protested police brutality in Ferguson, campaigned to end stop-and-frisk in New York City, and advocated for restorative justice in Washington, D.C. Yet, scholars focused on the negative impact of punitive policy on material resources, and trust in government did not predict these pockets of resistance, arguing instead that marginalizing and demeaning policy teaches individuals to acquiesce and withdraw. Mobilized by Injustice excavates conditions under which, despite otherwise negative outcomes, negative criminal justice experiences catalyze political action. This book argues that when understood as resulting from a system that targets people based on race, class, or other group identifiers, contact can politically mobilize. Negative experiences with democratic institutions predicated on equality under the law, when connected to a larger, group-based struggle, can provoke action from anger. Evidence from several surveys and in-depth interviews reveals that mobilization as result of negative criminal justice experiences is broad, crosses racial boundaries, and extends to the loved ones of custodial citizens. When over half of Blacks and Latinos and a plurality of Whites know someone with personal contact, the mobilizing effect of a sense of injustice promises to have important consequences for American politics.


2018 ◽  
Vol 46 (1) ◽  
pp. 154-172 ◽  
Author(s):  
Nathan W. Link

Much recent, national attention has centered on financial sanctions and associated debt burdens related to criminal justice. Scholars and practitioners alike have argued that financial debt among the incarcerated, in particular, exacerbates a transition home already defined by difficulties. This article takes a step back and assesses who is at risk of these adverse consequences in reentry by examining the extent of debt burdens that resulted from financial sanctions, its sources, and the individual-level factors that are associated with owing criminal justice debt. Relying on the Returning Home data ( N = 740), results from descriptive analyses, logistic regression, and negative binomial models show that a large proportion of respondents owed debts and that debt was strongly linked with being mandated to community supervision. In addition, debt amount was predicted by employment, income, and race. Policy implications in the realm of financial sanctioning by courts and correctional agencies are discussed.


2003 ◽  
pp. 61-85
Author(s):  
Simo Elakovic

The crisis of modernity as the crisis of the political is seen by the author primarily as a crisis of the "measure" of the criterion of political decision making and action. This crisis is understood in the first place as a crisis of self-awareness and practice of the ethos. Machiavelli was the first to attempt a solution to this problem by introducing the concept of virtus, which became the fundamental principle of modern political philosophy. However, many modern and contemporary interpreters of Machiavelli's thought often ignore the social and political context in which the political doctrine of the Florentine thinker arose. Namely, Machiavelli's effort to find an authentic form of the political act that would make possible a harmonization and stabilization of the dramatic political circumstances then prevailing in Italian cities required a reliable diagnosis and adequate means for a successful therapy of the sick organism of the community. The epochal novelty in Machiavelli's political theory was the shift from the ancient theorization of virtue to its modern operationalization. Nevertheless, this shift is often interpreted as a radical opposing of the Greek concept of arete to the Roman virtus, which is crudely and simplistically reduced to bravery and strength necessary for taking and keeping political power. Hegel in his political philosophy travels an important part of the road - unconsciously rather than consciously - along with Machiavelli and Shelling. This particularly holds for his understanding of the necessity of strength and bravery in the process of operationalizing the spirit of freedom in history through the mediation of "negation" as "the power of evil". The mediation of subjectivity and substantiality, according to Hegel, takes place in the state by the brutal bridling of the world spirit where not just individuals but whole peoples are sacrificed - toward freedom, i.e. its realization in the community of the ethos. The "trouble of the times" is a consequence of the separation between I and the world (Entzeiung) and stems from a reduced political reason which lacks the criterion of the ethical totality for political action and decision making. By the separation of the ethos this reason get routinized and political action is reduced to naked technique of winning and keeping political power. In the concluding segment of the paper the author points to some global consequences of the crisis of political decision making in the historical reality at the end of 20th century.


2021 ◽  
Author(s):  
◽  
Sean J. Mallett

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>


Author(s):  
Patrick Kermit ◽  
Terje Olsen

This chapter presents and discusses barriers that Deaf people who have Norwegian Sign Language as their first language face in encounters with the Norwegian criminal justice system. Since this system is based exclusively on spoken language, and mainly depends on the individual law professional’s ability to establish critical, self-reflective practices in each case, Deaf people’s legal safety, as demanded by the rule of law, cannot be taken for granted. Establishing a public, independent, professionalized sign language interpreter service in Norway, however, has helped to reduce risks for Deaf people. Independent interpreters can demand changes in the criminal justice system’s practices, thus making these practices more accessible to Deaf people. Empirical examples illustrating the interaction between Deaf people, law professionals, and interpreters are presented and analyzed. This interaction is less characterized by conflict and more by cooperation and mutual recognition, where both Deaf people and law professionals state their confidence and trust in their interpreters. The chapter concludes that structural change and organization, such as the establishment of an independent public interpreter service in Norway, trump general and well-meant inclusive intentions in organizations such as the Norwegian criminal justice system when it comes to secure Deaf peoples’ rights and the prevention of miscarriage of justice.


Author(s):  
Jerry T. Watkins

Economic expansion and ideas about the free market had a profound impact on what magazines and books could print as well as distribute, which meant that queer folk in far-flung places could gain access to information about homosexuality, civil rights activity, and identity-based discourses. They could become part of the national imagined community of gays and lesbians. In Pensacola, “adopted brothers” and lifelong lovers Ray and Henry Hillyer had a desire to keep abreast of the latest news and other homosexual happenings. The started a small book club in their home under the cover of a non-descript name Emma Jones that by 1974 had grown into a weekend-long convention with beach parties and patriotic drag shows at the San Carlos Hotel that drew thousands to the beaches of Pensacola. When queer visibility threatened Pensacola tourism, bars were raided, arrests were made, and Emma’s party was cancelled. Partying does not always lead to political action, but creating a space for gay men and lesbians to feel at ease with themselves is a profoundly political act. By deploying their bodies and their dollars, the Emma Jones Society established an LGBT presence in “The Sunshine State.”


Author(s):  
Deborah Mohammed-Spigner ◽  
Brian E. Porter ◽  
Lois M. Warner

Investments in criminal justice have been expanding over the decades especially as specific outcomes have been sought to address the issues surrounding crime and public safety. Reducing crime and the rate of imprisonment can both significantly impact public safety and cost savings, as well as address outcomes for the justice-involved population in reducing the rate of return to imprisonment, or recidivism. Lessening sentences for non-violent crimes and expanding drug courts as an alternative to incarceration, along with other major criminal justice reform, have led some states to experience a reduction in crime and prison population. New Jersey, Hawaii, and California have made significant strides to reduce its crime and prison populations and are leaders in achieving major criminal justice reform. This chapter seeks to examine corrections spending for these three leading states that have implemented evidence-based policies and adapted information technology to improve criminal justice outcomes. It will also outline states spending on corrections over the past five years.


Author(s):  
Kevin A. Wright

Nearly everyone sent to prison will one day return to the community. This means that understanding recidivism is of critical importance to members of that community. At the most basic level, recidivism can be defined as “the reversion of an individual to criminal behavior after he or she has been convicted of a prior offense, sentenced, and (presumably) corrected.” Recidivism therefore requires that some sort of involvement with the criminal justice system has taken place, and that then the individual again comes into contact with the system after additional transgressions. Recidivism, in other words, is officially detected, repeat unlawful behavior.


Bribes are mainly directed at government officials, although they could be directed at the employees and managers of business firms. However, bribery appears to be a self-defined crime. Bribery of small public sector employees is a white-collar crime. However, bribery also exists in high-level decision-making processes, whether political, economic, or corporate situations. These are large-scale bribes, consisting of millions and/or billions of dollars, paid out to executives and public officials in return for construction contracts, oil contracts, telecommunication contracts, etc. Although punishments exist and are implemented, it is up to the individual alone to make the final decision and choose between personal moral value system and personal welfare in opposition to serving the public welfare. This chapter explores bribery.


Author(s):  
Jack Turner

This chapter cements the notion that Baldwin’s primary tool in combating white supremacy is recognizing the power of the individual to self-create and reshape systems and institutions. Jack Turner’s work is consistent with Baldwin’s challenging of the myths of American liberalism and brings Baldwin into conversation with some of the American Founders. Turner argues that Baldwin is in favor of individuals divesting from white supremacist institutions and ideology because participating in a racist economy implicates one in an unjust society. Voluntary dispossession is a political move par excellence according to Turner, signifying a refusal to participate in the impoverishment of African Americans. Turner’s work ties together Baldwin’s views on political action, religious thought, and individualism.


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