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Journal articles on the topic 'New penology'

Author: Grafiati

Published: 4 June 2021

Last updated: 10 February 2022

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1

Brodeur, Jean-Paul. "Cartesian Penology." Canadian Journal of Law & Jurisprudence 5, no. 1 (1992): 15–41. http://dx.doi.org/10.1017/s0841820900000813.

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Writing on punishment can be a punishing experience. We face two kinds of problems, each threatening to make penal reflection a futile exercise. Primarily, there is a body of research and literature which might be called hyper-critical; this research points to the weaknesses of all theories of punishment but fails to replace them by an adequate theory, either because it cannot solve the problems which it raises or because it does not want to, punishment being seen as a concept that is so fraught with difficulties of all kinds that it ought to be altogether rejected. There is, on the other hand, a second trend in the literature, which is more positive and which offers a new theory of punishment. However, what is gained at the level of theory is lost at the level of application: not only is current penal practice unrelated to the proposed ideal, but its proponents do not see at present how we should proceed in adjusting practice to achieve this ideal.

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KEMPF-LEONARD, KIMBERLY, and ELICKA S. L. PETERSON. "Expanding Realms of the New Penology." Punishment & Society 2, no. 1 (2000): 66–97. http://dx.doi.org/10.1177/14624740022227863.

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3

DiIulio, John J. "Understanding Prisons: The New Old Penology." Law & Social Inquiry 16, no. 01 (1991): 65–99. http://dx.doi.org/10.1111/j.1747-4469.1991.tb00284.x.

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4

Pavarini, Massimo. "THE NEW PENOLOGY AND POLITICS IN CRISIS." British Journal of Criminology 34, S1 (1994): 49–61. http://dx.doi.org/10.1093/oxfordjournals.bjc.34.s1.49.

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5

Chan, Janet. "Review essay: Visions of a new penology." Australian & New Zealand Journal of Criminology 20, no. 1 (1987): 54–60. http://dx.doi.org/10.1177/000486588702000106.

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6

Całkowska, Karolina. "Penology at source: Francis Lieber." Polish Journal of Criminology 1, no. 1 (2016): 73–95. http://dx.doi.org/10.5604/01.3001.0010.7473.

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The first half of the 19th century was the time of the American penitentiary solutions rising. New look at the penalty of imprisonment caused that from the end of the 18th century, so right after the first modern American separate system prison was built in Wallnut (1790) travels of representatives of European countries visiting new US penitentiary establishments have been widely spreaded. Theoretical travels in search of the best prison solutions. Reports from the prison reformers were produced, and the discussions around them were accompanied by the development of a modern scientific discourse on prison and the penitentiary system that was being created at that time. The first wave of these trips took place at the turn of the 18th and 19th centuries, document it in particular, the reports of the French F. A. F. La Raochefoucauld-Liancourt (1796), Englishman J. Turnbull (1797), Pole J.U. Niemcewicz (1807) . The intensification of these journeys took place after 1830, when the second type of separate system (the Auburn system) developed in America. During this time, reports of visits to American prisons were published, among others, by leading reformers of the prison, particularly considered to be the creator of the German prison science N.H. Julius (1833), or W. Crawford from England .

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7

Karraker, Naneen. "Banishing Goodness and Badness: Toward a New Penology." Prison Journal 67, no. 2 (1987): 49–53. http://dx.doi.org/10.1177/003288558706700209.

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8

Bayens, Gerald J., Michael W. Manske,, and John Ortiz Smykla. "The Impact of the "New Penology" on ISP." Criminal Justice Review 23, no. 1 (1998): 51–62. http://dx.doi.org/10.1177/073401689802300104.

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9

Burke, Lol. "Book Review: Probation Practice and the New Penology." Probation Journal 60, no. 1 (2013): 89–91. http://dx.doi.org/10.1177/0264550512471297.

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10

Deryuga, Artem N., and Sergey N. Shaklein. "The Object of Administrative Penology." Administrative law and procedure 11 (October 29, 2020): 37–42. http://dx.doi.org/10.18572/2071-1166-2020-11-37-42.

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Administrative Penology is a new scientific field, the subject of which is to identify effective administrative penalties, methods of their application and execution. The object of Administrative Penology is broader and covers the processes and patterns of existence and change of administrative tort, which is the totality of all administrative torts in the past, present and future. Special attention is paid to repeatedly committed offenses as an indicator of the low efficiency of the previously applied administrative punishment.

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11

Simon, Jonathan. "Managing the monstrous: Sex offenders and the new penology." Psychology, Public Policy, and Law 4, no. 1-2 (1998): 452–67. http://dx.doi.org/10.1037/1076-8971.4.1-2.452.

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12

Cheliotis, Leonidas K. "How iron is the iron cage of new penology?" Punishment & Society 8, no. 3 (2006): 313–40. http://dx.doi.org/10.1177/1462474506064700.

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13

Ethridge, Philip A., and James W. Marquart. "Private prisons in Texas: The new penology for profit." Justice Quarterly 10, no. 1 (1993): 29–48. http://dx.doi.org/10.1080/07418829300091691.

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14

Garland, David. "The Punitive Society: Penology, Criminology and the History of the Present." Edinburgh Law Review 1, no. 2 (1997): 180–99. http://dx.doi.org/10.3366/elr.1997.1.2.180.

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This paper, which is a reworked version of the inaugural lecture of the Chair of Penology delivered on 24 May 1995 at the University of Edinburgh, sets out an account ofthe relationship between penology and criminology which reverses the conventional understanding ofthe relationship between these two disciplines. Instead ofviewing penology as an applied sub-discipline of criminology, it is argued that criminological ideas should be viewed as part of the object ofstudy of penological research, insofar as criminology comes to function within penal practices. This conception of penology is illustrated by an analytical account of contemporary penal policies and the role of criminological ideas within them. The analysis suggests that the character of recent crime control policy is not so much punitive as ambivalent. The social fact of high crime rates, together with the increasingly recognised limits of state action as a means of governing crime, have created a new predicament for policy makers and for politicians. The article identifies adaptive strategies and strategies of denial, as well as the different criminologies that accompany them, and outlines a Durkheimian account ofsocial development that situates these developments sociologically.

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Marquart, James W., Victoria E. Brewer, Janet L. Mullings, and Ben M. Crouch. "Health risk as an emerging field within the new penology." Journal of Criminal Justice 27, no. 2 (1999): 143–54. http://dx.doi.org/10.1016/s0047-2352(98)00053-1.

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16

Jamieson, Dr Janet. "Book Review: Probation Practice and the New Penology: Practitioner Reflections." Youth Justice 12, no. 3 (2012): 274–75. http://dx.doi.org/10.1177/1473225412461217b.

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Willis, J. J., and S. D. Mastrofski. "Compstat and The New Penology: A Paradigm Shift in Policing?" British Journal of Criminology 52, no. 1 (2011): 73–92. http://dx.doi.org/10.1093/bjc/azr063.

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18

Brangan, Louise. "Exceptional states: The political geography of comparative penology." Punishment & Society 22, no. 5 (2020): 596–616. http://dx.doi.org/10.1177/1462474520915995.

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It is now common in the sociology of punishment to lament that comparative penology has not matured as an area of research. While there have been seminal works in the comparative canon, their conceptual tools tend to be drawn from grand narratives and macro-structural perspectives. Comparative researchers therefore lack concepts that can help capture the complexity of penality within a single nation, limiting the cross-national perspective. Why is this relative lack of comparative refinement still the case? This article investigates this question by looking specifically at penal exceptionalism, a concept central to comparative penology. While punitiveness as a comparative and descriptive category has been critiqued, its converse, penal exceptionalism remains prevalent but undertheorised. Examining exceptionalism reveals that it is not merely the macro-structural approach to comparison that has limited the development of cross-national sociology of punishment, but the Anglocentric assumptions, which are the bedrock of comparative penology. In this essay, I argue that penal exceptionalism versus punitiveness is an Anglocentric formulation. These taken-for-granted assumptions have become so central to the comparative enterprise that they act as a barrier to developing new innovative comparative frameworks and concepts. The article concludes by suggesting some methodological strategies that are intended as a way of helping comparative penology to expand its toolkit and support the ongoing development of more equitable criminological knowledge.

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19

Lynch, Mona. "Waste Managers? The New Penology, Crime Fighting, and Parole Agent Identity." Law & Society Review 32, no. 4 (1998): 839. http://dx.doi.org/10.2307/827741.

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20

Kazemian, Lila, Candace McCoy, and Meghan Sacks. "Does law matter? An old bail law confronts the New Penology." Punishment & Society 15, no. 1 (2013): 43–70. http://dx.doi.org/10.1177/1462474512464137.

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21

Lave, Tamara Rice. "Controlling Sexually Violent Predators: Continued Incarceration At What Cost?" New Criminal Law Review 14, no. 2 (2011): 213–80. http://dx.doi.org/10.1525/nclr.2011.14.2.213.

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Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws—that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the “new penology. ” I argue that the SVP laws show the limited promise of the new penology— that we can use science to predict risk accurately—because the actuarial instruments used in SVP determinations make many mistakes. In making this argument, I focus particularly on the most commonly used such instrument, the Static-99. Finally, I argue that the Static-99 fails to meet the constitutional criteria laid out by the U.S. Supreme Court in Kansas v. Hendricks because it does not link an individual's mental illness to his dangerousness.

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22

McNeill, Fergus. "Book review: John Deering, Probation Practice and the New Penology: Practitioner Reflections." Criminology & Criminal Justice 12, no. 1 (2012): 101–3. http://dx.doi.org/10.1177/1748895811430573.

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23

Miller, L. L. "Looking for Postmodernism in all the Wrong Places : Implementing a New Penology." British Journal of Criminology 41, no. 1 (2001): 168–84. http://dx.doi.org/10.1093/bjc/41.1.168.

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24

Brownlee, Ian. "New Labour - New Penology? Punitive Rhetoric and the Limits of Managerialism in Criminal Justice Policy." Journal of Law and Society 25, no. 3 (1998): 313–35. http://dx.doi.org/10.1111/1467-6478.00094.

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25

Crichton, Hayley, and Rose Ricciardelli. "Shifting Grounds." Criminal Justice Review 41, no. 4 (2016): 427–45. http://dx.doi.org/10.1177/0734016816669981.

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The framework of the new penology will be applied to reveal how the contemporary objectives of incarceration have functioned to alter the role of Canadian provincial correctional officers (COs). Specifically, changing policy and legislation toward a more punitive agenda shape the daily operations of correctional facilities and how COs interact with those in their custody. Rehabilitative initiatives of any kind appear to be pushed aside, as the new or intensifying challenges associated with the growing prisoner populations and changing penal discourses are addressed. Semistructured face-to-face interviews were conducted with Canadian provincial COs and data from these interviews were analyzed to explicate the ways in which the new penology has reshaped COs’ employment in part due to their obligatory adherence to increasingly punitive managerial directives including an increased reliance on using disciplinary segregation. Findings suggest officer strain is impacted by their lack of agency and decision-making capabilities in light of these occupational changes. Our findings also evince that although COs work in a too often negative environment, many believe in the rehabilitative potential of incarceration and, further, oppose the use of segregation.

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26

FEELEY, MALCOLM M., and JONATHAN SIMON. "THE NEW PENOLOGY: NOTES ON THE EMERGING STRATEGY OF CORRECTIONS AND ITS IMPLICATIONS*." Criminology 30, no. 4 (1992): 449–74. http://dx.doi.org/10.1111/j.1745-9125.1992.tb01112.x.

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27

Matthews, Roger. "New Times, New Crimes: Notes on the Depillarization of the Criminal Justice System." Critical Criminology 28, no. 3 (2020): 309–26. http://dx.doi.org/10.1007/s10612-020-09489-2.

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Abstract A great deal has been written about the changing nature and direction of criminology over the past two decades, including claims that we are moving into a “new penology.” Many of these claims are suggestive rather than authoritative. In contrast to most commentaries on the subject, this article provides longer historical overview and attempts to sketch out how the central structures or “pillars” of the criminal justice system have become weakened and eroded over the last 200 years and how the emergence of body of “new crimes” and their regulation is challenging what might be called the “old criminology.” The emergence of new relations between victims and offenders, criminal justice and social justice, as well as the development of innovative modes of regulation are, it is argued, changing the social and criminological landscape. This raises issues of theory and practice that challenge traditional conceptualisations of crime and punishment.

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28

Martin, Liam. "The globalization of American criminal justice: The New Zealand Case." Australian & New Zealand Journal of Criminology 51, no. 4 (2017): 560–75. http://dx.doi.org/10.1177/0004865817745938.

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The international influence of American criminal justice policy has been a central focus of research on policy transfer and comparative penology. With scholars divided between those emphasizing international convergence around United States policy, and others stressing ongoing American exceptionalism, it has become important to trace the extent of this influence not only across different countries but within particular national contexts. This article examines the impact of American criminal justice policy in New Zealand. I present three case studies exploring developments in different arms of the criminal justice system: the introduction of three strikes sentencing laws, the adoption of supermax principles of prison design and administration, and the use of zero tolerance and broken windows policing strategies. In tracing these changes, I find globalization opening new channels for the movement of policy that are often outside the control of the criminal justice establishment.

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29

Shichor, David. "Three Strikes as a Public Policy: The Convergence of the New Penology and the McDonaldization of Punishment." Crime & Delinquency 43, no. 4 (1997): 470–92. http://dx.doi.org/10.1177/0011128797043004005.

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This article analyzes the theoretical principles of the recently legislated “three strikes and you're out” laws. In many respects, these are related to the “new penology” that shifted the focus of criminological and penological interest from the individual offender toward the control of aggregates. Furthermore, the analysis relates the three-strikes measures to the cultural model of the “McDonaldization” of society in which the principles of the fast-food restaurant dominate many aspects of American society. These principles include efficiency, calculability, predictability, and control mainly by non-human technology. The analysis in this article, which focuses especially on the three-strikes law in California, suggests that three-strikes laws can be viewed as a part of the McDonaldization trend.

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30

Lin, Wang. "Security Design System of Prison Architecture Based on New Materials." Applied Mechanics and Materials 680 (October 2014): 557–60. http://dx.doi.org/10.4028/www.scientific.net/amm.680.557.

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This paper discusses empirical findings and theories about prison architecture security system and security fence material. As advanced security systems and high quality materials became increasingly significant for prison architecture. The prison insecurity fence design and lag behind materials consume use results in threat of jail safety, which implies that scholar focus on such security design system is necessary. Few people, therefore, doubt the value of new building materials and financial theory to justify prison security system as enhance safeguarding measure. Most scholars of penology promoted consensus on application of new materials can enhance the performance of prison fences, which focus on the security aspects of prison architecture, and this is case studies on the role of security design system and new materials reuse in prison architecture, solutions for make security sustainable development in a national prison system. Thus, there is a continuing need to carry out well-designed research on this question as improve the safety measures. Conclusions and directions for further research are provided.

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Lemert, Edwin M. "Visions of Social Control: Probation Considered." Crime & Delinquency 39, no. 4 (1993): 447–61. http://dx.doi.org/10.1177/0011128793039004003.

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The extent to which probation in California controls criminal offenders is examined. A distinction is made between the representations of social control by probation and its realities. Some writers claim that penology has developed a new language and strategy directed to the management rather than treatment of offenders, scarcely true for probation, which receives more offenders than jails and prisons. Probation may have a new language but its most significant changes have been a massive deterioration in supervision due to loss of staff and budget and a heavy increase of cases. Study of four northern California county probation departments showed that a common adaptation to the avalanche of new cases and loss of staff was bankloading of cases. Increased caseload size has meant that many active cases go without supervision. Reasons for probation's marginal position and uncertain claims on county budgets are discussed.

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KRUTTSCHNITT, CANDACE, ROSEMARY GARTNER, and AMY MILLER. "DOING HER OWN TIME? WOMEN'S RESPONSES TO PRISON IN THE CONTEXT OF THE OLD AND THE NEW PENOLOGY*." Criminology 38, no. 3 (2000): 681–718. http://dx.doi.org/10.1111/j.1745-9125.2000.tb00903.x.

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Caimari, Lila M. "Whose Criminals Are These? Church, State, and Patronatos and the Rehabilitation of Female Convicts (Buenos Aires, 1890-1940)." Americas 54, no. 2 (1997): 185–208. http://dx.doi.org/10.2307/1007741.

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Turn-of-the century Argentine political leaders were deeply influenced by new ideas about the origin and treatment of criminality developed by the Italian positivist school of criminology. According to this school, crime was not the fruit of the criminal's wickedness, as classic penology had claimed, but was rather the result of a complex web of social and psycho-biological determinations of which the criminal had been a victim. This pathology called “crime” could be corrected if its origin was scientifically determined and if the new methods of rehabilitation prescribed for criminals and potential criminals were enforced. Although not all of the premises of the criminological school led by Lombroso, Ferri, and Garofalo were accepted uncritically in Argentina, the basic principles of the new science were widely adopted by jurists, doctors, hygienists and psychiatrists. These ideas were received in the context of massive European immigration, accelerated urbanization, and the emergence of a large working class.

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Ossei-Owusu, Shaun. "RATS, RANDOM RETRIBUTION, AND REVOLUTION." Du Bois Review: Social Science Research on Race 7, no. 1 (2010): 41–50. http://dx.doi.org/10.1017/s1742058x10000184.

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The abysmal state of the American criminal justice system and its pernicious features has been well documented in much of the relevant literature. Feeley and Simon (1992) propose the notion of a “new penology” that prioritizes efficient, cost-effective (and often actuarial) techniques to manage criminal populations, while Katherine Beckett (1997) argues that the punitive shift in crime control policy was an ideologically motivated response to the Civil Rights Movement, with political rhetoric fomenting fears of crime and public policy reflecting the vogue of law-and-order punishment. David Garland's (2001) comparative study of the United States and Britain suggests that “late modernity,” which encompasses much of the social, economic, cultural, and technological advancements and changes of the second half of the twentieth century (e.g. wage stagnation, regressive tax policies, suburbanization, the rise in the service economy, new penal technologies), along with neoconservative politics in the 1980s played key roles in the reconfiguration of the criminal justice system.

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35

Klosterkamp, Sarah. "Geographien des Ein- und Ausschlusses: Strafvollzug und -prozesse im Kontext der Aufarbeitung von Beteiligungshandlungen im syrischen Bürgerkrieg." Geographica Helvetica 76, no. 2 (2021): 205–19. http://dx.doi.org/10.5194/gh-76-205-2021.

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Abstract. Based on an ethnographic study of anti-terror trials at higher regional appeal courts in Germany, conducted in 2015–2020, this article examines the interrelation between the German penal system and criminal trials as mutually constitutive, governmentally guided, and highly secured elements of a state-induced and Islam-centred terrorism prevention. This includes the physical nature of the courthouses, as well as discourses of risk inscribed within them, which are linked to corresponding racialized and gender-rendered readings of the ‚need for custody‘. Under the auspices of a ‚new penology‘ and legitimized as an elimination of ‚state-endangering actions‘, two logics emerge in the course of these proceedings that emphasize either a ‚rectification of the reformable‘ or a ‚confinement of the incorrigible‘, illustrating how a reshaped field of crime control and criminal justice can currently be observed that makes permanent incarceration the guarantor of a promise of security.

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Taggart, William A. "Reform in the Making: The Implementation of Social Policy in Prison. By Ann Chih Lin. Princeton, NJ: Princeton University Press, 2000. 213p. $39.50." American Political Science Review 95, no. 2 (2001): 478. http://dx.doi.org/10.1017/s000305540139202x.

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During the last quarter of the twentieth century there was an explosion in the use of institutional corrections unparalleled in the annals of American penology. The numbers tell the story well: Just before the new millennium almost 1.3 million adults were confined in state and federal correctional facili- ties, which represents a tripling of the population in just under 20 years. One consequence of such a policy, and there are many, is that eventually a large proportion of these inmates will be released back into society. Their prospects do not look promising in terms of our current knowledge about recidivism rates, and we can expect a large and, most likely, increasing number of these individuals to rejoin the ranks of the incarcerated. The reasons for this policy failure are undoubtedly traceable to a number of forces, although one probably need not look beyond the prison walls as a place to start searching for answers.

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Dünkel, Frieder. "European penology: The rise and fall of prison population rates in Europe in times of migrant crises and terrorism." European Journal of Criminology 14, no. 6 (2017): 629–53. http://dx.doi.org/10.1177/1477370817733961.

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Prison population rates in many European countries have increased until the beginning of the 21st century. Prison overcrowding and questions around the ‘New Punitiveness’ have dominated the discourse. Recently a remarkable drop in prison population rates can be observed, in particular in Central and East European countries (for example, Russia, Belarus, Ukraine, the Baltic states), but also in West European jurisdictions (the Netherlands, Germany and, in the last few years, also Spain). Explanations are not always easy and in most cases this is not the result of a strategic policy but more likely of a sharp decrease in (serious) crime rates. The paper discusses the developments in a European comparative perspective and explores the potentials for a further reduction in prison population rates.

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Robinson, Gwen. "Probation Practice and the New Penology: Practitioner Reflections by J. Deering. Farnham: Ashgate (2011) 204pp. £55.00hb ISBN 978-1-4094-0140-7." Howard Journal of Criminal Justice 51, no. 5 (2012): 537–38. http://dx.doi.org/10.1111/j.1468-2311.2012.00742.x.

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González-Sala, Francisco, Julia Osca-Lluch, Francisco Tortosa Gil, and María Peñaranda Ortega. "Caracterización de la Psicología Jurídica a través de las revistas de psicología incluidas en las categorías Criminology & Penology y Law de la Web of Science." Anales de Psicología 33, no. 2 (2017): 411. http://dx.doi.org/10.6018/analesps.33.2.262591.

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<span style="font-family: 'Garamond',serif; font-size: 8pt; mso-bidi-font-size: 10.0pt; mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: AR-SA; mso-bidi-language: AR-SA;" lang="EN-US">The objective of this work is to learn about the most relevant aspects that characterize contemporary Legal Psychology throughout the study of journals included in the WoS between the years 2009 and 2014 related with the area of Psychology. The number of selected publications is 16, mainly from the USA and Great Britain. The results show an increase in the number of works and authors, a greater collaboration and a growth in medium productors. It exists a major presence of men in editorial boards and as authors, outstanding the figures of T. Ward in 2009 and A. Vrij in 2014. According to the analysis of key words the most relevant themes during these years have been Crime, Conduct, Woman and Meta-analysis, being sexual violence towards children and women and gender violence the criminal typology most studied. </span>

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Halsey, Mark. "Book Review: Bruce Arrigo and Dragan Milovanovic, Revolution in penology: Rethinking the society of captives, Rowman & Littlefield: New York; 211 pp. (including index): 13: 9780742563629, 10: 0742563626." Punishment & Society 12, no. 3 (2010): 367–69. http://dx.doi.org/10.1177/1462474510372591.

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Ćosić, Andrea. "“What are you studying, my boy?!“ — experience of studying social pedagogy in perspective of male students." Kriminologija & socijalna integracija 26, no. 2 (2018): 230–52. http://dx.doi.org/10.31299/ksi.26.2.5.

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Considering the ratio of male and female professionals in social pedagogy, a smaller number of male professionals is no‑ ticeable. In an effort to expand the understanding of this social phenomenon, research has been conducted that is inspired by the deliberations on the characteristics of men who choose to become social pedagogues and how they feel about studying and working in a profession where women are the majority. An additional significance of this topic is that it is mostly unexplored in the context of social pedagogy. The aim of the paper was to explore the experience of studying social pedagogy from the perspective of male students. A qualitative approach was used in the research in which the data was collected by using the focus group method. Focus groups included thirteen male students of undergraduate and graduate studies of Social Pedagogy enrolled during the academic year 2015/2016. The results indicated that male students who enrolled in the study of Social Pedagogy are motivated by their interest in criminology and penology subjects and the uniqueness of social pedagogical work. Participants noticed positive discrimination towards male social pedagogues in employment and work. The results also pointed to student satisfaction with the study programme and their experience of increasing personal awareness during the study. Since Social Pedagogy is focused on taking care of individuals/groups, it is important to consider the impact of professionals’ gender roles in their everyday work. Accordingly, the paper focuses on the professional and personal perspective of male social pedagogues and thus contributes to the development of new topics related to gender roles and professional identity of social pedagogues.

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Green, S. "Probation Practice and the New Penology: Practitioner Reflections. By John Deering (Farnham: Ashgate, 2011, 204pp. 55.00 hb) * * Offender Supervision: New Directions in Theory, Research and Practice. By Fergus McNeill, Peter Raynor and Chris Trotter (Cullompton: Willan/London: Routledge, 2010, 555pp. 31.95 pb)." British Journal of Criminology 52, no. 5 (2012): 1021–24. http://dx.doi.org/10.1093/bjc/azs017.

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Hardy, Mark. "Overstating the case? The trials and tribulations of social work with offenders – Probation Practice and the New Penology: Practitioner Reflections, John Deering; Probation and Social Work on Trial: Violent Offenders and Child Abusers, Wendy Fitzgibbon." Qualitative Social Work 11, no. 6 (2012): 677–90. http://dx.doi.org/10.1177/1473325012461407.

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Zazula, Bela Attila. "Bodily injury by fault in the New Romanian Criminal Code." Journal of Legal Studies 17, no. 31 (2016): 98–105. http://dx.doi.org/10.1515/jles-2016-0011.

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Abstract In all constitutional systems, there is a reticence in sanctioning criminally any injury caused by fault to a person, without taking into account certain aspects really justifying the penology’s intervention – a severe injury of the victim’s body, a case where there are broken prudence norms enacted precisely for avoiding the bodily injury by fault of a person.

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Macías-Rojas, Patrisia. "Immigration and the War on Crime: Law and Order Politics and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996." Journal on Migration and Human Security 6, no. 1 (2018): 1–25. http://dx.doi.org/10.1177/233150241800600101.

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The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was a momentous law that recast undocumented immigration as a crime and fused immigration enforcement with crime control (García Hernández 2016; Lind 2016). Among its most controversial provisions, the law expanded the crimes, broadly defined, for which immigrants could be deported and legal permanent residency status revoked. The law instituted fast-track deportations and mandatory detention for immigrants with convictions. It restricted access to relief from deportation. It constrained the review of immigration court decisions and imposed barriers for filing class action lawsuits against the former US Immigration and Naturalization Service (INS). It provided for the development of biometric technologies to track “criminal aliens” and authorized the former INS to deputize state and local police and sheriff's departments to enforce immigration law (Guttentag 1997a; Migration News 1997a, 1997b, 1997c; Taylor 1997). In short, it put into law many of the punitive provisions associated with the criminalization of migration today. Legal scholars have documented the critical role that IIRIRA played in fundamentally transforming immigration enforcement, laying the groundwork for an emerging field of “crimmigration” (Morris 1997; Morawetz 1998, 2000; Kanstroom 2000; Miller 2003; Welch 2003; Stumpf 2006). These studies challenged the law's deportation and mandatory detention provisions, as well as its constraints on judicial review. And they exposed the law's widespread consequences, namely the deportations that ensued and the disproportionate impact of IIRIRA's enforcement measures on immigrants with longstanding ties to the United States (ABA 2004). Less is known about what drove IIRIRA's criminal provisions or how immigration came to be viewed through a lens of criminality in the first place. Scholars have mostly looked within the immigration policy arena for answers, focusing on immigration reform and the “new nativism” that peaked in the early nineties (Perea 1997; Jacobson 2008). Some studies have focused on interest group competition, particularly immigration restrictionists’ prohibitions on welfare benefits, while others have examined constructions of immigrants as a social threat (Chavez 2001; Nevins 2002, 2010; Newton 2008; Tichenor 2009; Bosworth and Kaufman 2011; Zatz and Rodriguez 2015). Surprisingly few studies have stepped outside the immigration policy arena to examine the role of crime politics and the policies of mass incarceration. Of these, scholars suggest that IIRIRA's most punitive provisions stem from a “new penology” in the criminal justice system, characterized by discourses and practices designed to predict dangerousness and to manage risk (Feeley and Simon 1992; Miller 2003; Stumpf 2006; Welch 2012). Yet historical connections between the punitive turn in the criminal justice and immigration systems have yet to be disentangled and laid bare. Certainly, nativist fears about unauthorized migration, national security, and demographic change were important factors shaping IIRIRA's criminal provisions, but this article argues that the crime politics advanced by the Republican Party (or the “Grand Old Party,” GOP) and the Democratic Party also played an undeniable and understudied role. The first part of the analysis examines policies of mass incarceration and the crime politics of the GOP under the Reagan administration. The second half focuses on the crime politics of the Democratic Party that recast undocumented migration as a crime and culminated in passage of IIRIRA under the Clinton administration. IIRIRA's criminal provisions continue to shape debates on the relationship between immigration and crime, the crimes that should provide grounds for expulsion from the United States, and the use of detention in deportation proceedings for those with criminal convictions. This essay considers the ways in which the War on Crime — specifically the failed mass incarceration policies — reshaped the immigration debate. It sheds light on the understudied role that crime politics of the GOP and the Democratic Party played in shaping IIRIRA — specifically its criminal provisions, which linked unauthorized migration with criminality, and fundamentally restructured immigration enforcement and infused it with the resources necessary to track, detain, and deport broad categories of immigrants, not just those with convictions.

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Osborne, Robin. "Plato's Penal Code. Tradition, Controversy and Reform in Greek Penology. By Trevor J. Saunders [Oxford: Clarendon Press. 1991. xvii, 356, (Appendix) 5, (Bibliography) 12 and Indexes 40 pp. Hardback £50·00 net.]." Cambridge Law Journal 51, no. 1 (1992): 158–60. http://dx.doi.org/10.1017/s0008197300016822.

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Ben-Natan, Smadar. "The dual penal empire: Emergency powers and military courts in Palestine/Israel and beyond." Punishment & Society, September 20, 2021, 146247452110403. http://dx.doi.org/10.1177/14624745211040311.

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This article explores the duality of emergency powers and criminal law in old and new formations of empire. Set against the backdrop of the US “war on terror,” I link discussions around current articulations of empire and the treatment of “enemy combatants,” illuminating new connections between empire, emergency, and “enemy penology.” Focusing on Palestine/Israel, I explore the duality created by emergency powers and criminal law from the late British Empire to contemporary Israel/Palestine as an “imperial formation.” Through a genealogy of emergency legislation, military courts, and two case studies from the 1980s Israel, I show how emergency powers constitute a penal regime that complements ordinary criminal law through prosecutions of racialized enemy populations under a distinct exclusionary and punitive legality. Building on Markus Dubber's Dual Penal State, I demonstrate how the—openly illiberal—dual penal empire (i) suppresses political resistance (insurgency, rebellion, and terrorism) and (ii) institutionalizes enemy penology through emergency statutes and military courts. Thus, in imperial formations, such as Israel and the US—which deny their illiberal features—emergency powers are framed as preventive security and denied as part of the penal system, while enemy penology operates in plain sight.

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"Theories of Punishment: Changing Trends in Penology." International Journal of Engineering and Advanced Technology 8, no. 6S3 (2019): 1299–301. http://dx.doi.org/10.35940/ijeat.f1225.0986s319.

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From the ancient time it is the fundamental duty of the state to protect its citizens. The quantum of punishment used to be based on the theories of punishment. It has been observed in the modern times with the advent of administration of justice that there has been a shift from traditional punishments to the new trending concern of victimology. The focus is now on the victim’s plight and giving him fair justice and compensation. This paper contains various theories of punishment and the elaboration of whether it’s effective in modern times.

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Павићевић, Оливера, Љепосава Илијић та Ивана Степановић. "ФИЛОЗОФИЈА У ЗАТВОРСКИМ ЗАЈЕДНИЦАМА". TEME, 20 квітня 2021, 111. http://dx.doi.org/10.22190/teme190705007p.

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Changes in penal policy which is a part of the neoliberal paradigm have political significance and social consequences within and outside prison communities. The prison population is growing despite the fall and stagnation of the crime rate in developed countries which creates a paradox mirrored in the politics of the neoliberal regulation. It is connected to the “new penology” which unlike the “old” penology sees the prison community as a statistical collective which entails a particular risk for the realization of the set governing goals. Since there is a shift from “hard” to “soft” power within prison communities, this paper discusses the disciplinary effects of this process. It showcases the effects of various projects which have introduced philosophy into prison environments as a way to encourage individual identity growth and inspire the return of practices of rehabilitation as a psychological, moral and social recovery of an individual.

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Slingeneyer, Thibaut. "The new penology: a grid for analyzing the transformations of penal discourses, techniques and objectives." Champ pénal, Vol. IV (January 15, 2007). http://dx.doi.org/10.4000/champpenal.7798.

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