Can the Penitentiary Teach the Academy How to Read?

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.

Author(s):  
Robert A. Ferguson

This chapter addresses the question of whether Americans like to punish. The United States clearly punishes more heavily and for longer periods than other countries, with comparable social and political values. One can land in an American prison for life over minor offenses—a punishment not used for serious offenses in Western Europe. The leading comparativist on criminology, James Whitman, argues that a politics of dignity has instilled mercy and mildness in European systems, while leveling impulses, distrust of authority, and too much power in the people is said to have left the United States with a criminal justice system long in degradation and short on mercy.


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 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.


2021 ◽  
Vol 17 (2) ◽  
pp. 241-254
Author(s):  
Babatope Matthew Ajiboye ◽  
Ene Norah Awe ◽  
Olabambo Evelyn Akinyemi

The study focused on the Nigerian correctional institution and its mandate at rehabilitating convicts in preparedness for life outside bar and by implication reintegrating reformed individuals who are believed to pose no further threat to serenity of the society. Nigerian Correctional Service, previously known as Nigerian Prison Service, like its peer institution in the world, is primarily saddled with the responsibility to correct and reform convicts with the intent of reintegration back to conventional society. However, in Nigeria, this idea is render null and void with the broad-spectrum conception that when a person is sentenced to serve a jail term, that ultimately signifies the end of his or her worth in the society. Hence, the paper interrogates the Nigerian Correctional Service as an institution vested with the priority of making convicts better individuals. Emphasis was placed on the purported reformation of the institution in 2019. A secondary source was used for data collection and the content analytical approach was adopted which led to inferences drawn and logical conclusion established. The work reveals problems of welfare, infrastructural decay, and congestion coupled with pseudo rehabilitation obtainable in the institution. The study recommends that the Nigerian criminal justice system deserve an overhaul.


2020 ◽  
Vol 67 (2) ◽  
pp. 160-166
Author(s):  
Sarah MacLennan ◽  
Helena Gosling

People’s experiences of the criminal justice system and, indeed, higher education are dominated by stories. We encourage service user input across the criminal justice system, and endeavour to understand the student experience in higher education, but we rarely think about how politically driven agendas reduce everything, and indeed everyone, to one experience, one identity, and ultimately, one story. Drawing upon our experience of Learning Together, we utilise the concept of storytelling to illustrate how pedagogical creativity and compassion can recast long-standing narratives about ‘service users’ and students so that new, informed stories can emerge.


2019 ◽  
Vol 63 (12) ◽  
pp. 2213-2233
Author(s):  
Francis D. Boateng ◽  
Kimberly Kaiser

In every society, the main purpose of the criminal justice system is to maintain social order and ensure that citizens comply with the law. To do this effectively, the police and court systems need citizen cooperation and obedience, and willingness to assist with criminal investigations and report crimes to the police. The purpose of this study is to examine the association between confidence in the media and confidence in the criminal justice institutions in South Africa. The study tests two objectives: to assess South Africans’ level of confidence in the police and courts, and to determine whether citizens’ levels of confidence in both the print and televised media will influence their levels of confidence in the police, courts, and in the criminal justice system in general. Utilizing data from the World Values Survey, results reveal a significant and positive relationship between confidence in the media and confidence in the criminal justice institutions. Policy implications of this observation are discussed.


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