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Journal articles on the topic 'Penal populism'

Author: Grafiati

Published: 4 June 2021

Last updated: 10 March 2023

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1

Boda, Zsolt, Mihály Tóth, Miklós Hollán, and Attila Bartha. "Two Decades of Penal Populism – The Case of Hungary." Review of Central and East European Law 47, no. 1 (March 8, 2022): 115–38. http://dx.doi.org/10.1163/15730352-bja10060.

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Abstract Hungary Post-2010 has been ruled by Viktor Orbán and his right-wing Fidesz party and is generally regarded as a typical case of populist governance. Reforming the Penal Code was one of the first major policy changes initiated by Fidesz shortly after winning the 2010 elections. It introduced the ‘three-strikes’ principle into Hungarian penal policy which is considered a prime example of penal populism. It could be inferred that in the past decade Hungarian penal policy has been dominated by penal populism and punitive measures. This paper argues that reality is more nuanced and presents the concepts of penal populism and populist policy making, with a special focus on the Hungarian context. The article provides an overview of the most important penal policy measures in the past two decades and examines whether and how increased strictness of legislative acts influenced the sentencing practice. The paper highlights the related results of an empirical survey on public opinions about criminal law and ends with a case study exploration of the intersections of lowering the age limit of criminal responsibility and penal populism.

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2

Daems, Tom. "Engaging with penal populism." Punishment & Society 9, no. 3 (July 2007): 319–24. http://dx.doi.org/10.1177/1462474507077578.

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Nowak, Mateusz. "Nowy populizm penalny na przykładzie przestępstw przeciwko wiarygodności faktur." Poliarchia 6, no. 2(11) (December 31, 2019): 27–59. http://dx.doi.org/10.12797/poliarchia.06.2018.11.02.

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New Penal Populism on the Example of Crime against the Credibility of Invoices The article provides an overview of the populist narrative in the legislative process. The author argues that new penal populism affects more and more complicated branches of law, including a tax law. The author conducts a case study, analysing the new crime in the Polish penal code – the crime against credibility invoices. Populist aspects both in the legislation and in the political discourse surrounding it were discussed.

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4

Kenny, Paul D., and Ronald Holmes. "A NEW PENAL POPULISM? RODRIGO DUTERTE, PUBLIC OPINION, AND THE WAR ON DRUGS IN THE PHILIPPINES." Journal of East Asian Studies 20, no. 2 (June 10, 2020): 187–205. http://dx.doi.org/10.1017/jea.2020.8.

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AbstractDrawing on evidence from the Philippines, this paper investigates the so-called penal populism thesis. Penal populism refers to an understanding of justice in which criminal and anti-social activity should be harshly punished. The paper tests whether support for harsh penal policies, including the use of extrajudicial killings, is associated with underlying populist attitudes and preferences for charismatic leadership. Since coming to power in 2016, President Rodrigo Duterte has waged a violent and highly popular campaign against drug-related criminality. Based on survey modules fielded in 2016 and 2017, the paper demonstrates a positive relationship between populist attitudes and support for the campaign against illegal drugs in general and the extra-judicial killing of suspected drug users and dealers in particular. It also demonstrates a relationship between belief in the charisma of Duterte and support for the campaign against illegal drugs. The implications of the theory and results for the fields of populism and penal populism research are discussed.

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5

Albert W. Dzur. "The Myth of Penal Populism:." Journal of Speculative Philosophy 24, no. 4 (2010): 354. http://dx.doi.org/10.5325/jspecphil.24.4.0354.

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6

Moon-Ho Song. "Security Measure and Penal Populism." Journal of Criminal Law 26, no. 3 (September 2014): 119–47. http://dx.doi.org/10.21795/kcla.2014.26.3.119.

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7

Hough, Mike. "Populism and Punitive Penal Policy." Criminal Justice Matters 49, no. 1 (September 2002): 4–5. http://dx.doi.org/10.1080/09627250208553483.

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8

Dean, Malcolm. "The origins of penal populism." Criminal Justice Matters 87, no. 1 (March 2012): 44–45. http://dx.doi.org/10.1080/09627251.2012.671022.

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9

Freiberg, Arie. "Parole, populism and penal policy." Alternative Law Journal 42, no. 4 (November 27, 2017): 247. http://dx.doi.org/10.1177/1037969x17733160.

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10

Pratt, John, and Marie Clark. "Penal populism in New Zealand." Punishment & Society 7, no. 3 (July 2005): 303–22. http://dx.doi.org/10.1177/1462474505053831.

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Boda, Zsolt, Gabriella Szabó, Attila Bartha, Gergő Medve-Bálint, and Zsuzsanna Vidra. "Politically Driven." East European Politics and Societies: and Cultures 29, no. 4 (December 4, 2014): 871–91. http://dx.doi.org/10.1177/0888325414557026.

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Penal populism, advocating severe punishment of criminals, has greatly influenced justice policy measures in Eastern Europe over the last decade. This article takes Hungary as a typical case in the region and based on a recent criminal policy reform it investigates the roots of the penal populist discourse, which legitimizes and supports punitive measures. The research assumes that policy discourses need specific social actors that construct and promote them. Accordingly, the article explores whether the right-wing political parties and the tabloid media have taken a leading role in constructing the discourse of penal populism as a response to public concerns about crime. Content analysis and frame analysis of political communication and media was conducted to identify the discursive positions of major political parties and selected national media sources. The research found that penal populism was dominant in Hungarian political discourse while most of the media, including the tabloid press, have been rather reluctant to adopt punitive tones. The results thus contradict previous findings and offer a more nuanced view on how penal populism is being constructed and promoted in Eastern Europe.

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12

Todd-Kvam, John. "Bordered penal populism: When populism and Scandinavian exceptionalism meet." Punishment & Society 21, no. 3 (February 14, 2018): 295–314. http://dx.doi.org/10.1177/1462474518757093.

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13

Li, Enshen. "The Cultural Idiosyncrasy of Penal Populism." British Journal of Criminology 55, no. 1 (August 18, 2014): 146–63. http://dx.doi.org/10.1093/bjc/azu059.

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14

Fenwick, Mark. "‘Penal populism’ and penological change in contemporary Japan." Theoretical Criminology 17, no. 2 (May 2013): 215–31. http://dx.doi.org/10.1177/1362480613476785.

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This article examines whether the concept of penal populism can be useful in understanding contemporary developments in Japanese criminal justice. In addressing this issue it is suggested that we need to draw a clear distinction between different conceptions of penal populism and, in particular, we should avoid equating penal populism with intensification of the severity of state punishment. A discussion of the Japanese experience highlights the importance of focusing on populism as a process by which new voices emerge and influence criminal justice policy as a result of an unmet demand for justice and security. This perception of a lack of security and justice is a global phenomenon that, nevertheless, expresses itself in distinctive, culturally specific ways. Although the extent of this shift should not be exaggerated, at least in a Japanese context, penal populism has contributed to an opening up of criminal justice and a disaggregation of state sovereignty.

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15

Campbell, Liz. "Criminal justice and penal populism in Ireland." Legal Studies 28, no. 4 (December 2008): 559–73. http://dx.doi.org/10.1111/j.1748-121x.2008.00104.x.

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In constructing criminal policy the Irish legislature seems to be driven predominantly by a pragmatic and populist approach, in contrast to the rights-oriented jurisprudence of the Supreme Court. This paper describes the conflict between the courts and the legislature in relation to criminal justice matters in Ireland, particularly in the context of bail, the exclusionary rule and sentencing, and analyses the reasons for this divergence, drawing on the concept of penal populism. Although the Irish courts serve as a valuable bulwark against punitive populist policies, this paper considers if this failure to adhere to the desires of the legislature and to public opinion is anti-democratic. Furthermore, in assessing the apparent rift between the two arms of the Irish State, this paper highlights areas of criminal justice in which this conceptualisation of the legislature as punitive and the courts as rights-enforcing is unduly simplistic and possibly inaccurate.

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16

Jones, Richard. "Populist leniency, crime control and due process." Theoretical Criminology 14, no. 3 (August 2010): 331–47. http://dx.doi.org/10.1177/1362480610371667.

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This article identifies and discusses examples of populist calls against punishment and for leniency—a phenomenon here termed ‘populist leniency’. A penal moderate might find such populist opposition to punishment superficially appealing. However, drawing from Packer’s classic models of the criminal process, it is argued that both populist leniency and penal populism express ‘Crime Control’ values, the view that the proper role of the criminal process (and criminal justice) is to protect ‘law-abiding citizens’ from dangerous others. Since ‘Crime Control’ does not advocate any net reduction in penal power (and if anything, quite the opposite), the article asks whether Packer’s other model, ‘Due Process’, presents a more attractive potential resource for penal moderates, since this model offers a sceptical view of criminal justice, protecting individuals from unconstrained official power.

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17

Nyzio, Arkadiusz. "Populizm penalny w Polsce w latach 2007-2015 z perspektywy socjotechniki władzy." Politeja 19, no. 1(76) (May 10, 2022): 365–92. http://dx.doi.org/10.12797/politeja.19.2022.76.18.

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PENAL POPULISM IN POLAND IN 2007-2015 FROM THE PERSPECTIVE OF PROPAGANDA TECHNIQUES Penal populism is a phenomenon that receives a lot of attention in the literature. Most often, however, it is being studied from a legal perspective, whereas political motivations and consequences of its application are frequently disregarded. In the article, I analyse in what way, to what extent, and for what purpose penal populism was utilised in Poland in 2007-2015. I argue that it has proven to be an effective tool for conflict management, agenda-setting, and burying bad news.

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18

Copson. "Penal Populism and the Problem of Mass Incarceration:." Good Society 23, no. 1 (2014): 55. http://dx.doi.org/10.5325/goodsociety.23.1.0055.

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19

Lacey, Nicola. "Populism and the Rule of Law." Annual Review of Law and Social Science 15, no. 1 (October 13, 2019): 79–96. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042919.

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The resurgence of populism in Europe and North America is widely thought to have placed the rule of law under pressure. But how many of the relevant developments are indeed associated with populism? And is any such association a contingent or analytic matter: Does populism inevitably threaten the rule of law, or do other conditions intervene to shape its impact? After setting out how I understand the rule of law and populism, I examine the ways in which contemporary populist discourse has challenged the rule of law through a variety of mechanisms—notably agenda setting, policy impact, influence on discretionary decisions, and convention trashing—considering the institutional and social conditions that conduce to strengthen or weaken these mechanisms in particular contexts. Finally, I consider the implications of the analysis for contemporary criminalization, assessing how many of the factors producing penal populism or overcriminalization are truly a product of populism.

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20

DOBRYNINA, MARGARITA. "The Roots of “Penal Populism”: the Role of Media and Politics." Kriminologijos studijos 4, no. 4 (June 27, 2017): 98. http://dx.doi.org/10.15388/crimlithuan.2016.4.10729.

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Penal populism is often labeled as a process whereby politicians devise punitive penal policies, which are adjudged to be “popular” within the general public, and are designed to mobilize votes rather than improve the crime and justice situation. A “tough on crime” policy stance is usually most manifest during election campaigns. [...]

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21

Mason, Paul. "Prison Decayed: Cinematic Penal Discourse and Populism 1995–2005." Social Semiotics 16, no. 4 (December 2006): 607–26. http://dx.doi.org/10.1080/10350330601019975.

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22

Greer, Chris, and Eugene Mclaughlin. "Breaking Bad News: Penal Populism, Tabloid Adversarialism and Brexit." Political Quarterly 89, no. 2 (March 30, 2018): 206–16. http://dx.doi.org/10.1111/1467-923x.12506.

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23

Green. "Penal Populism and the Folly of “Doing Good by Stealth”." Good Society 23, no. 1 (2014): 73. http://dx.doi.org/10.5325/goodsociety.23.1.0073.

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24

Minetti, Marta. "International Legal Principles, Penal Populism and Criminalisation of ‘Unwanted Migration’." International Community Law Review 24, no. 4 (August 8, 2022): 358–76. http://dx.doi.org/10.1163/18719732-bja10092.

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Abstract The criminalisation of migration is one of the most explicit ways in which law generates, sustains, and even legitimizes hostility towards “unwanted migrants”. This article will take into examination the criminalisation of “unwanted migration” by the Italian authorities and its relation to internationally established legal principles in the area of human mobility, arguing that the expansion of penal populism constitutes a danger for the balance among them. The article starts with an analysis of human mobility in international law and the “protection through prosecution” paradigm to highlight an inherent harmony of the aims of the legal systems dealing with human mobility from the humanitarian and criminal law perspective. Section two scrutinises the Italian case and the populistic distortion of the provisions and principles entailed in the field of transnational criminal law to counter human mobility. Section three reconnects the national criminalisation of migration with the international legal dimension and argues that the misuse of the transnational organised crime framework ultimately legitimises the violation of human and refugee rights and contravenes key international law principles.

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25

Mercescu, Alexandra. "The COVID-19 Crisis in Romania: A Hypothesis around Penal Populism and Legal Culture." Acta Universitatis Lodziensis. Folia Iuridica 96 (September 30, 2021): 47–58. http://dx.doi.org/10.18778/0208-6069.96.04.

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In this paper I seek to present a working hypothesis to be eventually developed in a future contribution, namely that the COVID-19 crisis exposed some problematic behaviours evocative of an authoritarian ethos on the part of both public authorities and citizens which suggest that a penal populist attitude might now be part or even embedded in the Romanian legal culture. Specifically, I will organize this contribution as follows: in the first part, I will briefly describe Romania’s reaction (as evidenced both in the official measures taken and the attitude of citizens) to the first wave of the pandemic focusing on the role of penal and military means; I shall qualify this reaction as containing some traces of penal populism. In the second part I shall offer a tentative mapping of the factors that can explain this problematic cultural reaction. Importantly, among these I include the successful fight against corruption with the consequence that what appears to have very much consolidated the rule of law in post-1989 Romania could be shown to have had the unintended and paradoxical effect of undermining the very same ideal.

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26

Garland, David. "What’s Wrong with Penal Populism? Politics, the Public, and Criminological Expertise." Asian Journal of Criminology 16, no. 3 (July 12, 2021): 257–77. http://dx.doi.org/10.1007/s11417-021-09354-3.

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27

Newburn, Tim, and Trevor Jones. "Symbolic politics and penal populism: The long shadow of Willie Horton." Crime, Media, Culture: An International Journal 1, no. 1 (March 2005): 72–87. http://dx.doi.org/10.1177/1741659005050272.

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28

Dzur, Albert W. "The Myth of Penal Populism: Democracy, Citizen Participation, and American Hyperincarceration." Journal of Speculative Philosophy 24, no. 4 (2010): 354–79. http://dx.doi.org/10.1353/jsp.2010.0016.

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29

Ryan, Mick. "Book review: Penal populism, John Pratt. London: Routledge, 2007. 210 pp." Punishment & Society 9, no. 4 (October 2007): 437–39. http://dx.doi.org/10.1177/14624745070090040410.

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30

Curato, Nicole. "Politics of Anxiety, Politics of Hope: Penal Populism and Duterte's Rise to Power." Journal of Current Southeast Asian Affairs 35, no. 3 (December 2016): 91–109. http://dx.doi.org/10.1177/186810341603500305.

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Citizens who support populist leaders are often portrayed in negative terms. They are disparaged for their prejudice and naiveté, some even earning the label “basket of deplorables” from Hillary Clinton. Rodrigo Duterte's supporters were not exempted from such criticism. In the 2016 Philippine presidential race, they were pejoratively labelled Dutertards, which pathologised their fervent and unrelenting support for the controversial candidate. This article interrogates such depictions by examining the logics that underpin Duterte's strong public support. I argue that part of Duterte's appeal hinges on “penal populism,” built on two political logics that reinforce each other: the politics of anxiety and the politics of hope. While the former foregrounds the language of crisis, danger and uncertainty, the latter reclaims democratic agency. The article examines the articulations of these logics among Duterte's supporters based on ethnographic fieldwork in disaster-affected communities where Duterte enjoyed decisive victories.

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31

Vaughan, Barry. "Book Review: John Pratt Penal Populism Oxford: Routledge, 2007. £15.99. ISBN 9780415385084." Theoretical Criminology 12, no. 1 (February 2008): 121–23. http://dx.doi.org/10.1177/13624806080120010507.

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32

Jennings, Will, Stephen Farrall, Emily Gray, and Colin Hay. "Penal Populism and the Public Thermostat: Crime, Public Punitiveness, and Public Policy." Governance 30, no. 3 (June 2, 2016): 463–81. http://dx.doi.org/10.1111/gove.12214.

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33

Kyo, Shunsuke. "A Quantitative Analysis of Legislation with Harsher Punishment in Japan." Asian Journal of Law and Society 9, no. 1 (October 1, 2021): 81–107. http://dx.doi.org/10.1017/als.2020.55.

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AbstractThe purpose of this study is to show how the Japanese government has created laws with harsher punishment since the 1990s. While a tendency toward harsher punishment is common in advanced Western countries, a similar tendency in Japan has prompted scholarly discussion on whether it can be understood through the “penal-populism” framework. However, it lacks in systematic evidence. This study presents three findings that differ from previous studies through a quantitative analysis of legislation with harsher punishment. First, while previous literature argues that the legislation increased in the latter half of the 1990s, this study shows that it peaked in the middle of the 2000s. Second, while previous literature argues that the bureaucrats of the Ministry of Justice promote the legislation, this study shows that it is caused by every ministry’s drafting Bills. Third, this study shows that it does not quantitatively avoid partisan conflicts, contrary to the prediction of the “penal-populism” theory.

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34

Minetti, Marta. "The Facilitators Package, penal populism and the Rule of Law: Lessons from Italy." New Journal of European Criminal Law 11, no. 3 (August 10, 2020): 335–50. http://dx.doi.org/10.1177/2032284420946837.

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The past 20 years have witnessed an increase in the attention that the international, national and European policy responses have devoted to irregular immigration and transnational organised crime, with the Facilitators Package being among the protagonists of the criminalising approach adopted by the European legislator. More specifically, provision was drafted and ratified with the aim to tackle irregular migration by strengthening the penal framework on the facilitation of unauthorised entry within the European Union (EU) external borders in ‘the strict sense, and for the purpose of sustaining networks which exploit human beings’. Nevertheless, although its effectiveness in achieving the stated goals has been confirmed in the EU regulatory fitness performance programme (REFIT) assessment by the EU commission released in 2017, the academic judgment has taken a completely different direction, labelling the provision as exemplary of the preventive role taken by EU criminal law. The aim of the article is to analyse the transposition of the Facilitators Package by the Italian legislators and to examine its application within the national legal framework, in order to scrutinise the consequences that the symbolic application of the criminal law provision is having on the Italian jurisdiction in terms of Rule of Law (particularly on the principle of legal certainty).

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35

Hogg, Russell. "Populism, Law and Order and the Crimes of the 1%." International Journal for Crime, Justice and Social Democracy 2, no. 1 (April 30, 2013): 113–31. http://dx.doi.org/10.5204/ijcjsd.v2i1.96.

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The article examines the evidence of endemic financial crime in the global financial crisis (GFC), the legal impunity surrounding these crimes and the popular revolt against these abuses in the financial, political and legal systems. This is set against a consideration of the development since the 1970s of a conservative politics championing de-regulation, unfettered markets, welfare cuts and harsh law and order policies. On the one hand, this led to massively increased inequality and concentrations of wealth and political power in the hands of the super-rich, effectively placing them above the law, as the GFC revealed. On the other, a greatly enlarged, more punitive criminal justice system was directed at poor and minority communities. Explanations in terms of the rise of penal populism are helpful in explaining these developments, but it is argued they adopt a limited and reductionist view of populism, failing to see the prospects for a progressive populist politics to re-direct political attention to issues of inequality and corporate and white collar criminality.

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Phillips, Nickie D., and Nicholas Chagnon. "“Six Months Is a Joke”: Carceral Feminism and Penal Populism in the Wake of the Stanford Sexual Assault Case." Feminist Criminology 15, no. 1 (August 1, 2018): 47–69. http://dx.doi.org/10.1177/1557085118789782.

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This article analyzes coverage of the Stanford, California rape case, using a qualitative thematic press analysis to demonstrate how “rape culture” and penal populist framing intersected. Pulling from national newspapers, as well as diverse online fora, we show how characteristics of the case such as the perceived leniency toward the accused were featured in rape culture and penal populist narratives. In addition, we document a counternarrative that critiqued feminism to pit antirape activists against justice reformers, framing the case as exemplifying a “culture of mass incarceration.” We discuss the significance of this in the context of broader justice reform.

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37

Warylewski, Jarosław. "Why isn’t history a recognized criminal specialists’ teacher?" Polish Journal of Criminology 1, no. 1 (December 30, 2016): 31–36. http://dx.doi.org/10.5604/01.3001.0010.7073.

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The study includes reflections on the history of punishment and other means of a criminal reaction, their effectiveness and their impact on the criminal justice system. It indicates the limited “repertoire” of the mentioned measures. It draws attention to the real threats to the most important legal interests, especially to life, such as war and terrorism. It doubts the effectiveness of severe penalties, especially the death penalty. Indicates the dangers of penal populism and the perishing of law, including criminal law. It contains an appeal to criminologists and penal law experts to deal with all these dangers in terms of ideas rather than individual regulations.

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Turner. "Penal Populism, Deliberative Methods, and the Production of “Public Opinion” on Crime and Punishment." Good Society 23, no. 1 (2014): 87. http://dx.doi.org/10.5325/goodsociety.23.1.0087.

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Pratt, John. "When Penal Populism Stops: Legitimacy, Scandal and the Power to Punish in New Zealand." Australian & New Zealand Journal of Criminology 41, no. 3 (December 2008): 364–83. http://dx.doi.org/10.1375/acri.41.3.364.

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40

Shammas, Victor L. "Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment." Contemporary Justice Review 19, no. 3 (May 27, 2016): 325–46. http://dx.doi.org/10.1080/10282580.2016.1185946.

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41

Carrasco-Jiménez, Edison. "When Is an Increase in Criminal Legislation Necessary? Emphasis on Economic Criminality Discussions." Laws 10, no. 3 (September 17, 2021): 75. http://dx.doi.org/10.3390/laws10030075.

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The objective of this article is to answer the question of when an increase in criminal legislation is necessary. To this end, a review was conducted on the positions that deal directly or peripherally with increases in criminal legislation, with a focus on how these positions relate to increases, such as the more general positions related to “law and social change”, as well as the more specific positions related to penal inflation and “penal populism”. Special reference will be made to the expansion thesis, which, in general, has been well received in Ibero-America. In the second section of this study, the answer to the question is addressed, considering elements from the “law and social change” approach and Sutherland’s reflections on white-collar criminality.

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42

Hulsman, Jehanne, and Diogo Justino. "They’re talking about penal abolition: The urgency of re-imagining different paths as alternatives to the criminal justice system." Revista Direito e Práxis 12, no. 1 (January 2021): 444–71. http://dx.doi.org/10.1590/2179-8966/2020/57285.

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Abstract This article affirms the centrality of the themes of public security and penal populism for the understanding of the current political situation. From this premise, we will demonstrate how these themes dealt with by antagonistic sectors of society. Then, based on the criticism of the prison and control, it will be possible to offer keys for understanding the moment in which we live and responses that oppose punitivism.

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43

Menis, Susanna. "The crisis of penal populism: prison legitimacy and its effects on women’s prisons in the UK." Foresic Research & Criminology International Journal 6, no. 6 (2018): 484–89. http://dx.doi.org/10.15406/frcij.2018.06.00248.

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44

Sozzo, Maximo. "A Postneoliberal Turn? Variants of the Recent Penal Policy in Argentina." International Journal for Crime, Justice and Social Democracy 6, no. 1 (March 1, 2017): 205–23. http://dx.doi.org/10.5204/ijcjsd.v6i1.390.

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This paper analysed the connection between the emergence and consolidation of a postneoliberal political program and alliance – Kirchnerism – and penal policies in Argentina. Three key moments are identified in this recent period. After the experience of an intense punitive turn during the 1990s and early 2000s, Kirchnerist political alliances tried to deploy a progressive political discourse and agenda on penal issues. Nevertheless, this initially coincided with a strong wave of penal populism ‘from below’ that continued the precedent trend towards increasing punitiviness. Since 2005, and for a brief moment, this tendency stopped. However, after that and during the presidencies of Fernandez de Kirchner a more volatile and contradictory scenario was generated. The incarceration rate between 2002 and 2014 in Argentina grew substantially as did the rate of convictions. Meanwhile the percentage of suspended sentences as part of the total convictions and the percentage of custodial sanctions both fell. Especially in relation to incarceration, these levels of change are not as stark as those of the preceding decades. However, the trends persist. Therefore, the question of how to transcend the dynamics of the punitive turn remains a pending and urgent political subject. The article argues the importance of analysing why a punitive turn is interrupted and presents an explanation of it.

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45

Kelly, James B., and Kate Puddister. "Criminal Justice Policy during the Harper Era: Private Member’s Bills, Penal Populism, and the Criminal Code of Canada." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 32, no. 03 (December 2017): 391–415. http://dx.doi.org/10.1017/cls.2017.25.

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AbstractDuring the 2015 Maclean’s election debate, Stephen Harper commented, “we have more private member’s legislation that has gone through Parliament under this government than multiple governments before us.” This statement is borne out by empirical evidence: more private member’s bills (PMBs) have become law during Harper’s time in government, compared with most previous parliaments. However, PMBs are subject to less analysis than government bills and do not receive legal scrutiny by the Department of Justice, potentially implicating the protection of rights. Moreover, while one might assume that PMBs concern innocuous local and/or specialized interests, many Harper era PMBs effect substantive legal change to national issues like criminal justice policy. This paper examines the law and order trend in PMBs and addresses the following: why would the PMO under Stephen Harper, noted for its centralized control over all aspects of public policy, permit backbench MPs a role in criminal justice policy, through PMBs?

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Comack, Elizabeth. "A Canadian Exception to the Punitive Turn? Community Responses to Policing Practices in Winnipeg’s Inner City." Canadian Journal of Sociology 33, no. 4 (September 28, 2008): 815–44. http://dx.doi.org/10.29173/cjs1607.

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While criminologists have made the case that a “punitive turn,” spurred on by penal populism, is being witnessed in several Western countries, some have argued that Canada is the exception to this trend. But recent developments in Winnipeg, Manitoba suggest that a made-in-America crime control strategy—zero-tolerance policing—has been imported into the Winnipeg context to combat the pressing problems of drugs, gangs, and violence in inner-city communities. Can this development be interpreted as evidence of a punitive turn? Has penal populism found its way into a Canadian jurisdiction? Drawing on interviews with inner-city residents, businesspeople, and community workers, we show that people in Winnipeg’s inner city have a sophisticated understanding of the causes of social problems in their neighbourhoods and a very clear vision of what they believe the role of police in the inner city should be: one in which the police work with the community as part of a wider effort of community mobilization. These findings do not support the view that Winnipeg is a Canadian exception to the punitive turn. Rather, they suggest the presence of community resistance to aggressive “get tough” strategies of crime control, and of the potential to fashion radically different solutions to the complex problems confronting inner-city communities. Résumé. Bien que les criminologues aient établi le bien-fondé qu’un «virage punitif», incité par un populisme pénal, se manifeste dans plusieurs pays occidentaux, certains prétendent que le Canada fait exception à cette tendance. Or, les récents développements à Winnipeg, au Manitoba, portent à croire qu’une stratégie américaine de lutte contre le crime, c’est-à-dire un maintien de l’ordre avec tolérance zéro, a été importée à Winnipeg pour régler les problèmes pressants de drogues, de gangs de rue et de violence dans les communautés des quartiers centraux de la ville. Ce développement peut-il être interprété comme preuve d’un virage punitif? Le populisme pénal est-il entré dans la juridiction canadienne? À partir d’entrevues avec des résidents, des gens d’affaires et des travailleurs des communautés des quartiers centraux, nous démontrons que les habitants de ces quartiers de Winnipeg comprennent bien les causes des problèmes sociaux qui y existent et qu’ils ont une vision très claire de ce que le rôle de la police devrait être dans ces quartiers, à savoir que la police devrait travailler avec la communauté dans le cadre d’une mobilisation communautaire plus large. Ces conclusions ne prouvent pas que Winnipeg soit l’exception canadienne au virage punitif. Au contraire, elles suggèrent la présence d’une résistance communautaire aux stratégies disciplinaires agressives de lutte contre le crime et la possibilité d’arriver à des solutions tout à fait différentes aux problèmes complexes auxquels les communautés des quartiers centraux des villes font face.

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Smith, Peter Scharff. "Reform and Research: Re-connecting Prison and Society in the 21st Century." International Journal for Crime, Justice and Social Democracy 4, no. 1 (April 1, 2015): 33–49. http://dx.doi.org/10.5204/ijcjsd.v4i1.202.

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IIn this contribution I briefly outline some of the historical and current trends in prison research and question how a prison researcher can work towards influencing policy and practice. I discuss the current role of ‘what works’ research and the way it is sometimes utilized in a time of penal populism and rising prison populations. I argue in favour of a broader approach which recognizes the wider societal effects of imprisonment and I provide a concrete example of how one can attempt to plan research and project work in order to facilitate progression from research and knowledge production to action and implementation. Finally I discuss some of the scientific and ethical implications which can arise when working with reform and implementation projects.

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Đurđević, Milica. "Prison sentence in the 21st century." Crimen 13, no. 3 (2022): 304–17. http://dx.doi.org/10.5937/crimen2203304d.

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In this study, we analyze the features of modern imprisonment. The author, first of all, starts by pointing out the trend of penal populism which imposes a series of negative consequences for the entire social system and then evaluates five main theses related to criticism of the criminal sanctions which were indeed raised by Foucault with an aim to determine whether ultimately, today, something has been altered in the era of global integrations, self-proclaimed democratic societies and increasingly loud proclamations for the protection of human rights and freedoms. The following part of the study is committed to contemplating the positive and negative consequences of life imprisonment, as of latterly initiated punishment in the system of criminal sanctions of the Republic of Serbia, with an allusion to sole comparative law solutions.

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Choi, Woocheo, Seoha Park, and Seungkook Roh. "An Empirical Study on Penal Populism in the wake of the ‘Harsh Sentencing’ Controversy; Application of Unstructured Big Data Analysis Methology." Journal of Korean Criminological Asscciation 15, no. 1 (April 30, 2021): 131–49. http://dx.doi.org/10.29095/jkca.15.1.7.

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Feilzer, Martina Yvonne. "Book Review: Freiberg, A. and K. Gelb, Penal populism, sentencing councils and sentencing policy, Willan: Cullompton, 2008; £58.00 (hbk), £25.99 (pbk)." Punishment & Society 12, no. 3 (July 2010): 371–73. http://dx.doi.org/10.1177/14624745100120030803.

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