scholarly journals “I have to be a man for my son”: The narrative uses of fatherhood in prison

2021 ◽  
pp. 146247452110187
Author(s):  
William J Schultz ◽  
Sandra M Bucerius ◽  
Kevin D Haggerty

Research on incarcerated fathers tends to accentuate the harmful familial consequences of parental incarceration and discuss how having children might prompt incarcerated fathers to desist from crime. Less attention has focused on how narratives of fatherhood shape the day-to-day dynamics of incarceration. Drawing on 93 qualitative interviews with incarcerated fathers in Western Canada, we focus specifically on our participants’ parenting narratives. Such narratives are significant interventions in the world, allowing incarcerated fathers to frame their identities in particular ways while simultaneously shaping personal behaviour. Our research, 1. Identifies important fatherhood narratives provided by our participants, and 2. Details how such narratives operate in prison, allowing our participants to advance personal agendas that are themselves related to the dynamics of incarceration. In doing so, we provide insights into incarcerated fathers’ situations and advance criminological efforts to appreciate how different actors entangled in the criminal justice system conceive, manage, and narrate their situation.

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 31
Author(s):  
Rhiannon Davies ◽  
Lorana Bartels

This article focuses on gendered experiences of the criminal justice system, specifically the experiences of adult female victims of sexual offending and the communication difficulties they experience during the criminal justice process. Drawing on the findings from qualitative interviews about sentencing with six victims and 15 justice professionals in Australia, we compare the lived experiences of the victims with the perceptions of the justice professionals who work with them, revealing a significant gap between the information justice professionals believe they are providing and the information victims recall receiving. We then analyse the international literature to distil effective communication strategies, with the goal of improving victims’ experiences of the criminal justice system as a whole. Specifically, we recommend verbal communication skills training for justice professionals who work with victims of crime and the development of visual flowcharts to help victims better understand the criminal justice process. We also recommend that Australian victims’ rights regimes be reformed to place the responsibility for providing information about the criminal process on the relevant justice agencies, rather than requiring the victim to seek this information, and suggest piloting automated notification systems to help agencies fulfil their obligations to provide victims with such information.


2017 ◽  
Vol 4 (3) ◽  
pp. 87-96
Author(s):  
N I Kostenko

The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.


Author(s):  
Rhiannon Oakes ◽  
Annie K. Oakeley ◽  
Rola Goke-Pariola

This chapter focuses on the victimization of racial and ethnic minorities and the disparate treatment they face within the criminal justice system. Factors that contribute to these issues, such as hate crimes, intersectionality, implicit bias, and the school-to-prison pipeline, will be discussed. The ways in which the media and society at large respond to these matters will be identified. An exploration of how victimization of racial and ethnic minorities differs around the world concludes the chapter.


2018 ◽  
Vol 33 (5) ◽  
pp. 830-854
Author(s):  
Larissa Saco ◽  
Danielle Dirks

The criminal justice system and the media perpetuate the rhetoric of closure, which frames the end of grief for homicide survivors, or murder victims’ loved ones, as an attainable goal on their path to healing. Public discourse has also framed the death penalty as justice for survivors. However, little scholarly attention has addressed survivors’ experiences and perceptions of closure and justice. This research addresses this gap in the literature using in-depth, qualitative interviews with 36 community, academic, and criminal justice experts on homicide survivorship, 12 of whom are homicide survivors themselves. Using grounded theory, we derived six themes on closure and justice from the data. The majority of respondents indicate that survivors do not experience closure, and that they consider the term misleading. The question as to the meaning of justice produced more disparate responses. While many indicated that justice has unique meanings for individual survivors, holding the perpetrator accountable emerged as the most common theme. Half of the respondents also indicated that justice does not exist in homicide cases because of their difficult experiences with the criminal justice system. The findings have implications for policy, practice, and future research.


PMLA ◽  
2008 ◽  
Vol 123 (3) ◽  
pp. 643-650 ◽  
Author(s):  
H. Bruce Franklin

As the shadow of the colossal american prison lengthens amid the encroaching nightfall of our twenty-first-century security state, it is pierced by a brilliant though flickering illumination: the literature created by those who have endured the terrors of America's walls and cells, with their unremitting surveillance, relentless brutality, and overpowering hopelessness. When I began teaching American prison literature back in 1975, there were 360,000 people incarcerated in the nation's jails and prisons. Today there are more than 2.4 million—almost twenty-five percent of all the prisoners in the world. During these thirty-three years, this country has constructed on average one new prison every week. Many states annually spend more on prisons than they do on higher education. More than five million Americans have been permanently disenfranchised because of felony convictions. More than seven million are under the direct control of the criminal-justice system. And the experience of these millions of prisoners and ex-prisoners becomes ever more integral to American culture, not just to the culture of the devastated neighborhoods where most prisoners grew up and to which they return but also to the culture of an entire society grown accustomed to omnipresent surveillance cameras, routine body and car searches, and police patrolling the corridors of high schools.


2018 ◽  
Vol 10 (1) ◽  
pp. 76-95 ◽  
Author(s):  
Frank John Porporino

Probation has been an historically important option for sanctioning criminal offending since the mid 1800s. Originally grounded in notions of volunteerism and community engagement to support rehabilitation of less serious offenders ‘through understanding, kindness, and sustained moral suasion’, probation was quickly institutionalized around the world as a major component of the criminal justice system. But modern probation practice is now struggling to define its proper aim, priorities and ways of working. Probation varies considerably across jurisdictions in how it is structured and organized, how well it is resourced, and how commonly it is used. But clearly what modern probation practice is ‘able’ to do in many jurisdictions does not match with what it ‘should’ do. The article will highlight some key challenges faced by probation and suggest some ways forward for it to get closer to what it ‘should’ do – in adopting a well- integrated and evidence informed model of practice.


2008 ◽  
Vol 26 (1) ◽  
pp. 54
Author(s):  
Lauren Wihak

Restorative justice challenges the traditional outcomes and processes of the criminal justice system. While as a unified theory of punishment restorative justice is notably problematic, elements of it have been incorporated within sentencing regimes around the world. Responding to increasing incarceration rates and disproportionate Aboriginal incarceration rates and in articulating the fundamental purpose and principles of sentencing, Parliament included principles of restorative justice, thanks in part to a belief in its particular application to Aboriginal offenders. The Canadian approach to restorative justice is focused entirely on securing non-custodial outcomes. However, other principles of sentencing, Canadian appellate jurisprudence, further legislative amendment, and the growth of penal populism demonstrate that the Canadian sentencing regime, taken as a whole, precludes this very goal. The author demonstrates that the statutory adoption of restorative justice through the Criminal Code has not had its intended effect: Aboriginal offenders are just as likely to face a term in custody as they were prior to the 1996 amendments. That said, there remains a role for restorative justice. The author argues for a shift to restorative processes. This shift would allow for a continued commitment to restorative justice while alleviating the obstacles associated with an outcome-centered approach. Importantly, it reflects the recognition that the Aboriginal offender can benefit from actively participating in the determination of how best to address his offending. Finally, this approach recognizes that there is a disconnect between the criminal justice system and traditional Aboriginal justice, and reflects factors shown to increase voluntary compliance with the law.La justice réparatrice met en question les résultats et les processus traditionnels du système de justice pénale. Quoique en tant que théorie unifiée de châtiment, la justice réparatrice est notamment problématique, certains de ses éléments ont été incorporés aux systèmes de détermination des peines partout au monde. En réaction aux taux croissants d’incarcération et des taux disproportionnés d’incarcération d’autochtones et en énonçant le but fondamental et les principes de la détermination des peines, le Parlement a inclus des principes de justice réparatrice, en partie à cause de la croyance en son application particulière aux contrevenants autochtones. L’approche canadienne à la justice réparatrice porte entièrement sur l’obtention de résultats sans privation de liberté. Toutefois, d’autres principes de détermination des peines, la jurisprudence des cours d’appel, de nouveaux amendements législatifs et la croissance du sentiment populaire par rapport aux peines démontrent que le système canadien de détermination des peines, dans son ensemble, empêche justement l’atteinte de cet objectif. L’auteur fait voir que l’adoption statutaire de la justice réparatrice dans le Code criminel n’a pas eu l’effet voulu : les contrevenants autochtones ont les mêmes chances de se voir imposer une période de détention qu’ils avaient avant les amendements de 1996. Cela dit, un rôle demeure pour la justice réparatrice. L’auteur argumente en faveur d’un virage vers les processus réparateurs. Ce virage permettrait de maintenir l’engagement envers la justice réparatrice tout en allégeant les obstacles associés à l’approche centrée sur les résultats. Il importe de noter que cela reflète la reconnaissance que le contrevenant autochtone peut bénéficier de participer activement à la détermination de la meilleure façon de traiter de son infraction. Finalement, cette approche reconnaît la discordance entre le système de justice pénale et la justice autochtone traditionnelle, et reflète des facteurs qui ont manifestement augmenté le respect volontaire de la loi.


Author(s):  
Filip Mirić

The Book Forensic Evidence: Science and the Criminal Law is intended to serve as an introductionand guide to the appreciation and understanding of the significant historical, contemporary, and future relationship between the world of the forensic sciences and the criminal justice system. This book is not intended to be a close study of forensic science, nor was it ever conceived as becoming one. It is devoted to a study of the judicial response to uses of forensic science in all phases of criminal procedure. The audience to which this study is directed are those intimately or potentially involved in that relationship: police, forensic scientists, prosecutors, defense lawyers, and professors and students- future lawyers.


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