Showing posts with label New Books. Show all posts
Showing posts with label New Books. Show all posts

Tuesday, October 15, 2024

Members' Publications: October 2024 Edition

 As compiled by Dr. Kaitlyn Quinn

LAW AND SOCIETY ASSOCIATION

Collaborative Research Network: Punishment and Society

Organizers:

Ashley Rubin, University of Hawai’i at Mānoa, USA

Natalie Pifer, University of Rhode Island

 

RECENTLY PUBLISHED WORKS

October 2024

 

ARTICLES

Black, Lynsey. 2024. “Gendering Postcolonial Penality: The Religious Detention of Women in Ireland.” Theoretical Criminology. OnlineFirst. [Access it here, open access]

The role of religion was pivotal in shaping how women were punished in postcolonial Ireland. The new state used the Catholic Church to establish a separate system of confinement, a shadow penal regime for women, which drew its inmates from within a newly recognized threat to the nation. Drawing on Mark Brown's work on the ways in which postcolonial states can replicate the repression of colonialism, the article suggests that under an increasingly morally authoritarian state, women perceived as sexually promiscuous found themselves in systems of religious control. This article explores the ‘how’ and the ‘why’ of this, examining the intersection of state and religious control through the cases of women convicted in the courts and sent to religious detention. I argue for the necessity of a gendered lens in postcolonial penality, and for consideration of the conditions of postcolonial nation formation in shaping punishment.

Burkhardt, Brett C. 2024. “Legitimation Work in Privatized Criminal Justice: Softening, Shrinking, and Signaling.” Theoretical Criminology. OnlineFirst. [Access it here, open access]

How do private companies justify taking on criminal justice functions? Building on writing on legitimacy and privatization, this article describes three rhetorical practices intended to increase the legitimacy of private companies carrying out criminal justice functions: softening (obscuring the use of force); shrinking (demonstrating deference to the state); and signaling (proclaiming alignment with pro-social values). The article demonstrates the analytic utility of these categories by considering public-facing Environmental, Social, and Governance (ESG) reports produced by one prominent company in the private corrections industry (CoreCivic). The conceptual typology of legitimation work brings together several dynamics that are common in privatized criminal justice and provides an analytic toolkit for future study. A discussion considers how researchers can use this typology to examine legitimation work by other private firms and industries that engage the criminal justice system.

Deckard, Faith M. 2024. “Surveilling Sureties: How Privately Mediated Monetary Sanctions Enroll and Responsibilize Families.” Social Problems. OnlineFirst. [Access it here]

In the neoliberal age, ordinary people are increasingly responsible for taking up crime control and surveillance, what we might consider traditional state functions. This article situates commercial bail as a case of responsibilization and identifies monetary sanctions as a mechanism through which private companies offload pretrial risk management onto families. Drawing on ethnographic and interview data, I present this process via four stages. First, agents use cosigned bail bonds to selectively enroll people they perceive as suitable sureties and surveillants. Second, this monetary sanction is deployed with carceral and financial threats to encourage cosigners to embody the roles. Third, as surveillants, family members engage in invisible emotional labor to cope with or rationalize their deployment as an arm of the state. Last, through their involvement as instruments of surveillance, family members inadvertently become subjects of surveillance and carceral control. From enrollment to subjugation, this process of responsibilization is an uneven one as women, particularly women of color, are disproportionately burdened with risk management and any resulting repercussions.

Foley, Gillian, Marcella Siqueira Cassiano, Rosemary Ricciardelli and James Gacek. 2024. “Correctional Transgender Policy in Canada’s Federal Prison System.” Criminal Justice Policy Review 0(0), 1-25.

Since December 2017, Canada’s federal correctional system provides prisoners the opportunity to be assigned to living units according to their self-identified gender. Still organized around sex, conceptually and spatially, prison policies and procedures surrounding transgender prisoners require navigation to adhere to the rights of all prisoners. Based on interviews conducted between October 2019 and October 2021 with 74 correctional officers (COs) from the Canadian federal prison system, we discuss how correctional officers view and operationalize Canada’s transgender policy to understand its unintended consequences for both prisoners and prison staff. Unintended consequences revolve around the potential risk for prisoner victimization, prisoner pregnancy, lack of adequate housing, strip search complications, officers’ fear of being labeled transphobic, and uncertainty and discretion; all having effects on staff wellness. The policy, although well-intended, may potentially compromise prisoner safety, making correctional work even more stressful.

Gacek, James and Amin Asfari. 2024. “The Challenges for Muslim Women in Prison and Post-Release.” Prison Service Journal 273: 3-8.

Research in the fields of criminology, sociology, and psychology on prison and gender that focuses particularly on women has certainly grown, yet very limited attention has specifically focused upon Muslim women, and very few have mentioned their experiences. This research lacunae provides us a unique opportunity to examine existing literature to understand the relationship between Muslim women and the prison experience more broadly. Indeed, given the intersections of marginalisation, greater attention must be paid towards this specific population and their gendered experiences. 

Gacek, James, Richard Jochelson, Amin Asfari, Lauren Corcoran and Marisa Raineri. 2024. “Youth and Young Terror: Canadian Case Law and the Socio-Carceral Dynamics of Youth and Young Offenders Convicted of Terrorism Offences.” Crime & Delinquency 0(0): 1-29. [Access it here, open access]

Focusing on developments within Canadian jurisprudence, the authors explore significant case law and its impact on our understanding of the challenges faced by youth and young offenders convicted of terrorism offences while navigating the legal and correctional systems. We demonstrate how Canadian law has often failed to address the needs and lived experiences of youth and young offenders convicted of terrorism offences while dealing with legal supports and corrections’ resources. To that end, we scrutinize important Canadian case law. Preliminary findings highlight the inadequate interventions measures, both at the state and non-state levels, available to inmates who have committed terrorism-related offences, as well as question whether such interventions have any reintegrative value for youth and young offenders’ personal growth and desistence upon release. Moreover, institutional deficits, such as the absence of correctional programing leave open the opportunity for re-offending and radicalization upon release. If there is a role for law to play in rehabilitation, a thorough exploration of case law as it relates to youth offenders convicted of terrorism offences is required. In addition to examining Canadian jurisprudence and its impact on understanding the challenges faced by youth and young offenders convicted of terrorism offences, it is crucial to underscore the importance of strong and conventional community ties after release. These ties can significantly mitigate further alienation and extremist tendencies. Socio-legal and carceral recommendations are discussed.

Gacek, James, Richard Jochelson, Brandon Trask, Lauren Corcoran and Marisa Ranieri. 2024. “Morbid Matters: Medical Assistance in Dying in Federal Corrections.” Manitoba Law Journal, 47(4): 1-40.

The perennial problem of federal prisons in Canada continues to be deaths in custody. While the issues of prison suicides (i.e., dying by unnatural causes) and aging in prison (i.e., dying by natural causes) remain significant concerns, the legalization and introduction of medical assistance in dying (MAiD) raises policy and operational challenges for federally sentenced and terminally ill prisoners. Correctional Service of Canada (CSC) policy now allows for an external provider to end the life of a prisoner, contingent upon exceptional circumstances. Beyond the optics of an agency of the state enabling or facilitating inmate deaths, there are greater moral, ethical and practical considerations that must be discussed. This article explores the state and challenges of carrying out MAiD in relation to penitentiary settings. As the findings suggest, the arrival of MAiD has prompted an expansion of ideas of what constitutes fostering life or marking for death, and the relationship between the pair.

Gacek, James, Jocelyne Lemoine, Breeann Phillips and Rosemary Ricciardelli. 2024. “The Agricultural Prison Industry: A Scoping Review.” Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice 0(0), 1-22. [Access it here]

Prison farms are common programs within correctional services; however, knowledge is limited regarding the agricultural prison industry. As a starting point for further study and policy development, we conducted a scoping review to map knowledge on the industry. We searched JSTOR, Sociological Abstracts, Criminal Justices Abstracts, Agricultural and Environmental Science Collection, EconLit, PyscINFO, Web of Science, and ProQuest Dissertations & Theses, The Prison Journal, and Google. In total, we found 5,820 records, of which we included 44 publications in the review. The results show many publications focused on the agricultural prison industry were outdated, United States-based, and/or non-original research. Findings reveal agricultural positions tend to be filled by prisoners with pre-existing work skills and relatively low support needs and agricultural positions are not necessarily driven by market demands. Findings also show prisoners experience a lack of workplace protections, such as workers’ compensation, the ability to unionize, and adequate workplace safety and hazardous materials training. Yet, a purported benefit of agricultural programs was improved food security for prisoners. Other finds show there is a predominant focus on self-sufficiency and cost-savings for prisons in the face of inadequate or worsening budgets but limited available data quantifies relationship, prison farms shift from being rehabilitative-focused to profit-driven over a certain amount of acres. We conclude by identifying gaps in the literature on the agricultural prison industry and listing areas of future inquiry.

Hanan, M. Eve. 2023. “Terror and Tenderness in Criminal Law.” Cardozo Law Review 45(2): 581-648. [Access it here, open access]

The criminal legal system is at a crossroads. Calls for abolition are met with calls for modest adjustments or maintenance of the status quo. What frequently emerges from these polarities is a promise that police, prosecutors, judges, and other government actors will use their vast discretion to reduce the harmful excesses of criminal legal practices. Initiatives like “compassionate release,” “second look sentencing,” and the progressive prosecutor’s pledge to “charge with restraint” are examples of this promise to exercise discretion with care. In word choice and design, these discretionary reforms suggest tempering harsh criminal legal practices with leniency and individualized consideration—a promise of tenderness.

This Article argues that the current wave of reforms deploys discretionary relief in a manner that provokes unwarranted optimism while masking the state’s power to invoke terror through policing, prosecution, and punishment. An emotional sleight of hand, discretionary relief--sometimes cast as leniency--entrenches the excessiveness of criminal legal systems in at least three ways. First, discretionary leniency is merely a continuation of a pattern of strategic mercy documented in English law as early as the thirteenth century when pardons were issued to those sentenced to death in order to assuage public outcry over excessive punitiveness. Second, reforms that rely on discretionary leniency reinforce well-worn beliefs about merit—who merits punishment and who merits mercy. This liberal conceptualization of meritocracy shifts responsibility for the harshness of criminal legal practices onto the shoulders of defendants, a phenomenon that masks racial and other disparities in criminal systems. Third, discretionary-based reforms do not change substantive law or procedure. Instead, they rely on the leadership qualities of the discretionary decision-maker. This further entrenches the neoliberal tenet that reforming unjust or inequitable institutions can be accomplished by simply finding the right person for the job. This reliance on good people making good decisions truncates discussion of more sweeping changes that would place structural and legal limits on the state’s power to police, prosecute, and punish.

Lavorgna, Anita and Alessandro Corda. 2024. “Online Prosumers and Penal Policy Formation in an Age of Digital Polarization and Populism: An Exploratory Study.” International Criminology. OnlineFirst. [Access it here, open access]

This article explores the influence of right-wing social media users on penal policy formation processes. Through a passive digital ethnography approach, the study examines online debates preceding and following recent legislative interventions adopted in Italy by the new right-wing government in power since late 2022, namely the criminalization of unauthorized rave parties and the punitive approach to migration management. The article discusses the role of social media users as prosumers, who both consume and produce content, and shows how social media platforms amplify political polarization by promoting selective exposure to like-minded viewpoints and facilitating the spread of divisive content. It also showcases how prosumers contribute to the propagation of punitive narratives and engage in direct interactions with populist leaders through social media platforms. Conversely, political leaders—specifically Italy’s Prime Minister Giorgia Meloni in this case study—use these platforms to disseminate their narratives and create support for their penal policies, employing fear-mongering tactics and simplistic messaging. Our findings suggest that, while social media platforms have transformed political discourse, in the Italian scenario their direct influence on penal policy making from the ground-up remains limited. Instead, traditional top-down channels continue to dominate the process of penal policy formation.

Mamet, Elliot and Austin Bussing. 2024. “Race, Democracy, and Empire: Delegates to Congress from DC and the Territories.” Polity 56(3): 384-407. [Access it here, open access]

Both democracy and empire are central to American political development. Yet, the role of Congress—that organ of democratic politics—in the expansion of US empire is not well understood. This article explains how and why Congress institutionalized representation from Washington, DC and the US territories in the mid-twentieth century. We uncover the history of a puzzling position: the Congressional delegate, who is permitted to debate, but not vote. Drawing on extensive original archival research and quantitative analysis of legislative voting behavior, this article explicates how racial attitudes structured conflict over the delegate position. We highlight the centrality of racial ideas to the institutionalization of American empire in the mid-twentieth century.

Meng, Yuchen and Jize Jiang. 2024. “Visible Body and Invisible Mind: Bureaucratic Performance, Self-Rehabilitation, and the Machinery of Chinese Community Corrections.” Criminology & Criminal Justice. OnlineFirst. [Access it here]

Based on a recent ethnographic study of community corrections in two large Chinese cities, this study examines how the rehabilitation work, as the cornerstone of Chinese community corrections, is deployed as a people-processing apparatus that counts offenders’ bodies but almost excludes their agency. In practice, offenders are instrumentalized and disciplined to make up the Chinese community corrections machinery, whose subjectivity is either completely muted or selectively mediated. Given justice actors’ adherence to bureaucratic hierarchy and preoccupation with administrative requirements, offenders are mostly marked as counts and treated more as penal objects utilized to fulfill intricate metrics-related requirements. Justice agents’ formalistic pursuit of, rather than substantive investment in, the well-being of offenders renders their participation in Chinese community corrections symbolic and strenuous. It further breeds offenders’ commitment to self-rehabilitation, a process of relying on self-discipline and personally discovered resources for compliance and reintegration. We contend that the current operation of the Chinese community corrections apparatus, under the rehabilitative guise, exacerbates offenders’ structural disadvantages and reinforces their stigmatized identities. Policy and research implications of this study are discussed.

Owens, Michael Leo. 2024. “Police in the Urban World: A Primer.” Journal of Urban Affairs 46(8): 1489-1506. [Access it here, open access]

Pfeffer, Elizabeth Gordon. 2024. “Conceptualizing and Measuring ‘Punitiveness’ in Contemporary Advanced Democracies.” Regulation & Governance 18(2): 573-589. [Access it here, open access]

This article addresses a key political question regarding the relationship between states and their citizens: how harsh are judicial systems in their punishment of those who deviate from the law? Punitiveness is a fraught concept in the existing literature and robust measurement methods maximizing conceptual complexity are lacking. Here I develop a functional approach to punitiveness through a revised conceptualization and operationalization of this key variable while cautioning against the solitary use of incarceration rates to measure state intention. Punitiveness is conceptually disaggregated into three main components: (1) a commitment to punishment over rehabilitation, (2) the degree of harshness of response to crime (i.e., a longer sentence in prison), and (3) the lack of a logical progression of punishment based on the severity of crime committed or intent of the offender. These axes are further disaggregated into measurable indicators to build a novel index of punitiveness (P-Index) from the legal codes of 26 countries. Ultimately, this rules-as-data measure offers researchers purchase on the puzzling variation in punitiveness across contexts, which persists regardless of current and historical crime levels, offering particular utility for supply-side political-economic explanations.

Phelps, Michelle S. and Eric Seligman. 2024. “Probation and the Shadow Carceral State: Legal Envisioning from Minnesota.” Theoretical Criminology. OnlineFirst. [Access it here, open access]

The transformation of US punishment in the late 20th century was defined not just by mass imprisonment, but the growth of a shadow carceral state of administrative and civil sanctions, including technical violations of probation and parole that smooth the pathway to prison. We consider the role of technical violations in the shadow carceral state through the lens of lived experience, analyzing interviews with adults on probation in Hennepin County, Minnesota, conducted in 2019. Building on the concept of legal envisioning, we ask how people subject to probation experience the threat of violations and what they imagine would be helpful to avoid them. Ultimately, these perspectives illuminate the need for transformative changes to dismantle the shadow carceral state and raise challenging questions about the role of care in punishment.

Quinn, Kaitlyn. 2024. “Bridging Divides or Reinforcing Distance? The Interplay of Individual and Organizational Factors in Shaping Volunteers’ Relationships with Criminalized Women.” Social Problems. OnlineFirst. [Access it here]

As governments cut funding for social welfare programs and shift toward neoliberal, marketized alternatives, non-profits have taken on a large and growing role in the provision of services to marginalized people. This paper examines how volunteers approach their relationships with service users in non-profits, as well as the consequences of and explanations for variation in their approaches. This research explores these questions ethnographically within Canadian non-profits offering social services to criminalized women. This paper offers three interrelated contributions. The first is a typology of different volunteer approaches within the penal voluntary sector—constructing volunteers as bystanders, tourists, visitors, or apprentices in their relationships with criminalized women. The second highlights how some of these approaches entrench social distance and inequality, whereas others encourage greater proximity and equity between volunteers and criminalized women. The third demonstrates how variation in volunteers’ approaches is the product of a dynamic interplay of individual and organizational factors. Together, these findings provide new insights about the conditions under which volunteers can do “good” or “bad” within non-profits. These insights could enhance the quality of volunteer work, reduce the reproduction of inequalities, and support the operation of organizations delivering vital services to marginalized people.

Quinn, Kaitlyn, Gillian Buck and Philippa Tomczak. 2024. “Mobilizing Metaphors in Criminological Analysis: A Case Study of Emotions in the Penal Voluntary Sector.” British Journal of Criminology. OnlineFirst. [Access it here, open access]

Metaphors pervade media and political constructions of crime and justice, provoking responses and shaping actions. Scholarship in adjacent disciplines illustrates that emotion-metaphors offer unique insight into emotional and interpretive processes, valuably illuminating sense-making, problem solving and action. Yet, metaphors are rarely analysed within criminology, leaving an important opportunity for theorizing emotions and their implications largely unrealized. We explore the analytical and theoretical potential of emotion-metaphors for criminology, using empirical research conducted in the penal voluntary sectors of England and Scotland. Drawing on focus groups with volunteers and paid staff, we analyse the metaphors that non-profit practitioners mobilized to convey how their work felt: (1) absurd and unstable, (2) vulnerable and constrained, (3) devalued and discarded and (4) risky and all-consuming.

Tuesta, Diego and Maritza Paredes. 2024. “Penal Extractivism: A Qualitative Study on Punishment and Extractive Industries in Peru.” Punishment & Society. OnlineFirst [Access it here, open access]

This article introduces the concept of penal extractivism in the punishment and society literature. We define penal extractivism as the punitive strategies that a state implements to safeguard extractive industries from citizens’ contention. This concept addresses the limitations of categories like criminalization, protest policing, social control, and labour discipline while bridging the gap between punishment studies and research on extractive industries. Additionally, we draw upon evidence of the Espinar mining conflict in Peru to explain five punitive strategies the state uses to handle protests: (1) off-duty policing and critical assets legislation, (2) state of emergency declarations, (3) police or prosecutorial notes against environmental defenders, (4) criminal indictments, and (5) the transferring of criminal cases to distant jurisdictions. Based on our findings, we argue that penal extractivism is a dynamic and ambivalent project that targets marginalized rural populations. The state partially deters mobilizations but fails to address the underlying social unrest, reinforcing the conditions that perpetuate mining conflicts. This in-depth within-case analysis examines the relationship between punishment and extractivism in the global context of contemporary social mobilizations.

Turnbull, Sarah and Dawn Moore. 2024. “Understanding Prisoner Mobilities in and through Lived Experiences of Incarceration.” Punishment & Society. OnlineFirst. [Access it here, open access]

Recent scholarship on carceral mobilities critiques conceptualizations of carceral spaces as fixed and stable, and movements within or around sites of confinement as linear and horizontal. According to this critique, criminological studies of imprisonment have typically embraced what Turner and Peters (2017) [‘Rethinking mobility in criminology’, Punishment & Society 19(1), 96–114] term a ‘sedentarist ontology’ by failing to consider the complexities of prisoner mobilities in the lived experiences of the carceral. We draw on qualitative interview data from the Prison Transparency Project, a multiyear study initially across four research sites in Canada focused on former prisoners’ narratives of their carceral experiences, to identify and analyze the multifaceted mobilities that characterize prison life. We focus on three aspects of carceral mobilities: the use of psychotropic medications to produce docility, the coercive (im)mobilities of physical restraints and the ‘prison on wheels’ (i.e., prisoner transport vehicles). Using the concept of ‘kinetic immobility’, in which prisoners’ bodies are immobilized so they can be coercively moved (or not) through space and time, we consider the degree to which the theoretical work on carceral mobilities aligns with lived experiences of incarceration, as narrated by research participants.

 

BOOKS/BOOK CHAPTERS/EDITED COLLECTIONS

Clarno, Andy, Janaé Bonsu-Love, Enrique Alvear Moreno, Lydia Dana, Michael De Anda Muñiz, Ilā Ravichandran and Haley Volpintesta. 2024. Imperial Policing: Weaponized Data in Carceral Chicago. University of Minnesota Press. [More information here]

Chicago is a city with extreme concentrations of racialized poverty and inequality, one that relies on an extensive network of repressive agencies to police the poor and suppress struggles for social justice. Imperial Policing examines the role of local law enforcement, federal immigration authorities, national security agencies, and partners of the US empire – including Israel – in upholding highly unequal social orders in the city and around the world. Collaboratively authored by the Policing in Chicago Research Group, Imperial Policing was developed in dialogue with movements on the front lines of struggles against racist policing in Black, Latinx, and Arab/Muslim communities. It analyzes the connections between three police “wars”—on crime, terror, and immigrants—focusing on the weaponization of data and the coordination between local and national agencies to suppress communities of color and undermine social movements. Topics include high-tech, data-based tools of policing; the racialized archetypes that ground each police war; the manufacturing of criminals and terrorists; the subversion of sanctuary city protections; and abolitionist responses to policing, such as the Erase the Database campaign. Through a methodology designed to provide support for transformative justice organizations, the Policing in Chicago Research Group offers a critical perspective on the abolition of imperial policing, both in Chicago and around the globe.

Fleury-Steiner, Benjamin and Austin Sarat. 2024. The Elgar Companion to Capital Punishment and Society. Edward Elgar Press. [More information here]

The Elgar Companion to Capital Punishment and Society presents a multidisciplinary overview of capital punishment’s influences, processes and outcomes across society. A global range of philosophers, social scientists, legal experts, political theorists and historians critically analyse the trajectory of the death penalty in both retentionist and abolitionist countries, underscoring how state killing remains a crucial issue worldwide.

The volume lays out the philosophical justifications for and against capital punishment, before examining the practicalities of the death penalty, including the roles of numerous legal actors before, during, and after a capital trial. Chapters assess the outcomes of the death penalty, documenting racial biases and erroneous sentences, as well as exploring exonerations and Life Without Parole. Finally, expert scholars compare the current status of capital punishment in 12 countries across Africa, Asia, Europe, Central America and the Middle East, presenting nuanced perspectives on the topic from different cultural and political viewpoints.

Grasso, Anthony. 2024. Dual Justice: America’s Divergent Approaches to Street and Corporate Crime. University of Chicago Press. [More information here]

While America incarcerates its most marginalized citizens at an unparalleled rate, the nation has never developed the capacity to consistently prosecute corporate wrongdoing. Dual Justice unearths the intertwined histories of these two phenomena and reveals that they constitute more than just modern hypocrisy.

By examining the carceral and regulatory states’ evolutions from 1870 through today, Anthony Grasso shows that America’s divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct.

Since then, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America’s legal system.

Turnbull, Sarah and Joao Velloso. 2024. “Accessing Information on Immigration Detention in Canada: Towards Carceral Transparency to Reduce Social Harm.” Pp. 219-236 in Immigration Detention and Social Harm, edited by Michelle Peterie. Routledge. [More information here]

This chapter examines how the lack of detailed, publicly available information about immigration detention – together with the opacity of the institutions and agencies responsible for detention in Canada – function as sources of social harm. The discussion is situated within the context of what we call a “crisis of transparency” in Canada in relation to accessing carceral sites of detention and information about them. We critically explore the possible role that greater transparency in information about detention and the institutions and agencies responsible for detention can play in reducing social harm and, ultimately, working towards its abolition. The chapter proceeds from the idea that without detailed, publicly available qualitative and quantitative data about immigration detention, it is more challenging to advocate for detained (and detainable) people and their families and communities, push for “evidence-based” policymaking, and argue towards the end of immigration detention. We consider the utility of access to information requests as a method of collecting data about immigration detention in Canada that also contributes to greater transparency and less institutional opacity as a means of reducing social harm. While acknowledging that increased transparency and institutional openness is not a panacea, we argue that it is an important part of humanising the lives lived in detention and making them grievable.


PUBLIC SCHOLARSHIP

Seligman, Eric and Brian Nam-Sonenstein. 2024. “10 Ways That Mass Incarceration is an Engine of Economic Injustice.” Prison Policy Initiative. August 27. [Access it here, open access]

 

In this briefing, we synthesize a broad sociological literature to show that mass incarceration blocks progress toward economic justice by (1) trapping low-income communities in poverty, (2) weakening all workers, and (3) undermining political movements for economic justice. We argue that mass incarceration should be conceptualized as regressive economic policy and present this briefing as a tool for cultivating solidarities among anti-prison and economic justice advocates.

 

Velazquez, Marisela. 2024. “Episode 66: Reflexivity in Intersectional Qualitative Research Practices, Between the Data.” NVivo Podcast Series. June 17. [Access it here, open access]

 

Join us for an enlightening conversation with Dr. Marisela Velazquez, a distinguished Sociology lecturer from California State University, Dominguez Hills. Dr. Velazquez takes us through her academic journey across continents and how these experiences have honed her critical and intersectional approach to research. We delve into her exploration of race, class, gender, structural bias, and systemic racism, emphasizing the qualitative methods she employs to capture the richness of human experiences. From interviews and observations to the subtle power of nonverbal communication, Dr. Velazquez provides a comprehensive look at the tools that shape her groundbreaking work.

Thursday, March 14, 2024

Members' Publications: March 2024 Edition

As compiled by Dr. Kaitlyn Quinn

LAW AND SOCIETY ASSOCIATION

Collaborative Research Network: Punishment and Society

Organizers:

Ashley Rubin, University of Hawai’i at Mānoa, USA

Natalie Pifer, University of Rhode Island

 

RECENTLY PUBLISHED WORKS

March 2024

 

ARTICLES

Annison, Harry, Lol Burke, Nicola Carr, Mathew Millings, Gwen Robinson, and Eleanor Surridge. 2023. “Making Good? A Study of How Senior Penal Policy Makers Narrate Policy Reversal.” The British Journal of Criminology. OnlineFirst. [Access it here, open access]

This paper provides insights into the predominant styles of political reasoning in England and Wales that inform penal policy reform. It does so in relation to a particular development that constitutes a dramatic, perhaps even unique, wholesale reversal of a previously introduced market-based criminal justice delivery model. This is the ‘unification’ of probation services in England and Wales, which unwound the consequential privatization reforms introduced less than a decade earlier. This paper draws on in-depth interviews with senior policy makers to present a narrative reconstruction of the unification of probation services in England and Wales. Analogies with desistance literature are drawn upon in order to encapsulate the tensions posed for policy makers as they sought to enact this penal policy reform.

Brangan, Louise. 2024. “States of Denial: Magdalene Laundries in twentieth-century Ireland.” Punishment & Society. OnlineFirst. [Access it here, open access]

On the first day at a Magdalene Laundry, women and girls who had been sent there had their hair cut off, their names replaced, and their possessions taken. In the days and weeks that followed, everything else was stripped from them. How do we make sense of this carceral regime? The new conceived wisdom is to describe Magdalene Laundries as places of containment and confinement, as tantamount to prisons. This paper suggests that Magdalene Laundries were far worse than the prison. I argue that rather than discuss Magdalene Laundries as sites of confinement, we should instead understand them as sites of erasure. That is because the pains of this form of detention were drawn not from the loss of liberty, but the loss of self. The article is based on 33 oral history interviews with women who survived Magdalene Laundries and archival research regarding the nuns and religious, who ran these institutions. We also learn that Magdalene Laundries were important social institutions that open a window onto Irish life in the twentieth century. Magdalene Laundries operated with an undiluted formula that all Irish citizens were expected to subscribe to: a culture of conformity that prided obedience, self-denial and moral purity.

Brayne, Sarah, Sarah Lageson, and Karen Levy. 2023. “Surveillance Deputies: When Ordinary People Surveil for the State.” Law & Society Review 57(4): 462-488. [Access it here, open access]

The state has long relied on ordinary civilians to do surveillance work, but recent advances in networked technologies are expanding mechanisms for surveillance and social control. In this article, we analyze the phenomenon in which private individuals conduct surveillance on behalf of the state, often using private sector technologies to do so. We develop the concept of surveillance deputies to describe when ordinary people, rather than state actors, use their labor and economic resources to engage in such activity. Although surveillance deputies themselves are not new, their participation in everyday surveillance deputy work has rapidly increased under unique economic and technological conditions of our digital age. Drawing upon contemporary empirical examples, we hypothesize four conditions that contribute to surveillance deputization and strengthen its effects: (1) when interests between the state and civilians converge; (2) when law institutionalizes surveillance deputization or fails to clarify its boundaries; (3) when technological offerings expand personal surveillance capabilities; and (4) when unequal groups use surveillance to gain power or leverage resistance. In developing these hypotheses, we bridge research in law and society, sociology, surveillance studies, and science and technology studies and suggest avenues for future empirical investigation.

Coldsmith, Jeremiah and Ross Kleinstuber. 2023. “Fighting Crime or Needless Time? Disentangling the Reciprocal Effects of Life Without Parole and Violent Crime Using Structural Equation Models.” Studies in Law, Politics, and Society 89: 109-142. [Access it here]

In recent decades, the use of capital punishment has declined, but in its place, a ‘new death penalty’ has arisen: life without parole (LWOP), which is being used far more frequently and for more crimes than capital punishment ever was. Yet, LWOP has received far less scholarly attention than the death penalty. Because of its greater scale, assessing the effects of LWOP on crime has important policy implications and is a better test of extreme penalties. Existing studies of LWOP focus on humanitarian issues and ignore its potentially reciprocal relationship with crime. Therefore, we use available LWOP data to fill these gaps in the literature, using models specifically designed to control for potential reciprocal effects. The results indicate there is no reciprocal causation between LWOP and violent crime and, at best, LWOP’s impact on crime is small, temporary, and, most importantly, no greater than the impact of life with parole.

Crewe, Ben. 2024. “‘Sedative Coping’, Contextual Maturity and Institutionalization Among Prisoners Serving Life Sentences in England and Wales.” The British Journal of Criminology. OnlineFirst. [Access it here, open access]

Based on a longitudinal study of life-sentenced prisoners in England and Wales, this article seeks to make sense of what it characterizes as ‘sedative coping’. In doing so, it brings together analytic conclusions from the existing research literature that appear highly inconsistent, but which indicate the centrality of emotion in the experience of serving a long prison sentence. Specifically, it highlights the forms of emotion management and suppression involved in coping with the trauma of such circumstances, and the post-release impact of sustained forms of emotional self-preservation. This focus helps us better understand the connection between ‘mature coping’ in custody and the post-release difficulties that life-sentenced prisoners often describe.

Gacek, James, Jennifer Turner, Bastien Quirion, and Rosemary Ricciardelli. 2023. Mettre en lumière la lumière: L'éclairage carcéral, le travail correctionnel et le bien-être. [Translation: Shining a Light on Lighting: Prison Lighting, Correctional Officer Workspace and Well-being] Revue Criminologie 56(2): 67-92. [Access it here, open access]

In this article, we analyze the experience and concerns of Canadian federal correctional officers (COs) regarding their work environment. Drawing on prison geography, and recognizing the importance of the links between architecture, physical arrangements and the lived experience of space, we studied the effect of light (or its absence) on the work environment and the well-being of ACs. The participants whose comments are reported in this article (n = 60) were recruited as part of a large longitudinal study (Ricciardelli et al., 2021). After noting that limited access to natural light is often justified by safety considerations, we first analyzed the impact of this absence of natural light on the work experience and on health and the well-being of the ACs. We then examined alternative measures to address safety issues by using excessive light sources. These two aspects allow us to recognize the existence of a lighting problem specific to the prison environment. Although access to natural light is strictly controlled, we nevertheless note that light constitutes, by nature, a particularly difficult aspect to regulate in a prison environment. The results of this study make it possible to highlight the problems linked to the diffusion of light in the prison space and to underline the perverse effects of the prison environment on the conditions of care. We conclude this article by setting out recommendations concerning lighting arrangements and improving the conditions in which COs and prisoners find themselves.

Gibson-Light, Michael. 2023. “The Ghosts Inside: The Historic Struggle to Reclassify Prison Labor, 1967–1979.” The Prison Journal 103(4): 489-512. [Access it here]

The 1970s saw incarcerated laborers engage in an unprecedented battle to secure recognition, rights, and protections. This article traces the rise of the Prisoners Union, the largest and most prominent organization of its sort, as it endeavored to elevate the standing of captive labor. Through qualitative analysis of archival materials, this work unpacks penal laborers’ classification struggles aimed at advancing status in the penal field and rejoining the ranks of the working class. Investigating this movement's successes and failures enhances empirical knowledge of prison organizing as well as theoretical understandings of classification struggles, and helps contextualize historic penological developments.

Jiang, Jize and Apei Song. 2024. “Strong Control and Weak Service: Enforcing Drug Treatment in China.” Journal of Drug Issues. OnlineFirst. [Access it here]

The proliferation of drug treatment services, crafted under harm reduction and evidence-based principles, is touted as a benevolent approach for drug offenders, foregrounding their rehabilitation and reintegration into the community, and embodying the ideal of penal welfare. Despite extant studies on the functional effectiveness on recidivism among drug offenders, little research has situated the operational significance of drug treatment programs within a broader project of the Chinese state’s efforts to govern a rapidly modernizing society. To bridge this gap, this study examines the implementation of drug treatment in the Chinese justice system by unravelling the processes and logics that assemble strong control and weak service in practice. The analysis suggests that Chinese drug treatment programs both reflect and reinforce the state-centric logic of the Chinese approach to social governance, functioning to enhance the state’s legitimacy and strengthen its capacity for social control. We contend that when state interests and political ideologies are prioritized over drug offenders’ recovery, concerns and needs of drug offenders are downplayed and the rehabilitative effectiveness of those programs is diminished. Future research and policy implications for ameliorating drug treatment programs are also addressed.

Lageson, Sarah. 2023. “Criminally Bad Data: Inaccurate Criminal Records, Data Brokers, and Algorithmic Injustice.” University of Illinois Law Review: 1771-1810 [Access it here, open access]

This Article considers a widely overlooked consequence of having a criminal record in the digital age: the spread of inaccurate or outdated criminal record information. Remarkably common, errors in criminal record data quickly multiply across digital platforms and are nearly impossible for people to manage. Error can begin in governmental sources and spread into the private sector or can be introduced by data aggregators as information across jurisdictions and agencies is compiled into databases and web content. For the subject of the record, error can pose enormous obstacles to securing employment and housing, particularly as automated decision-making and algorithmic governance transform traditional institutional processes. Yet, those who are harmed have very few rights regarding the ability to identify and remedy data error.

Part I of the Article introduces the issue of data error in criminal background checks and describes the scope of the problem. Parts II and III describe how and why criminal record data occurs and detail the specific harms through several theoretical lenses: data error as a due process and equal protection harm, as an informational privacy harm, and as a reputational harm. Part IV analyzes legal obstacles that limit remedies, with a particular focus on the practical obscurity doctrine, the Fair Credit Reporting Act, standing, and various legal immunities available to governments and the private sector. The analysis shows how regulating criminal record data has failed in a digital environment and how existing law fails to protect people from unfounded and illegal discrimination on the basis of inaccurate criminal record information. Part V argues that bad data should be conceptualized under broader critiques of racialized, algorithmic injustice and offers solutions for better regulating and using criminal records.

McNeill, Fergus. 2023. “Rehabilitation, Recognition and Misrecognition.” Kriminologia 3(2): 109-120. [Access it here, open access]

The paper is a lightly edited transcript of McNeill’s plenary address at the Finnish Society of Criminology (Suomen Kriminologinen Yhdistys ry) Conference, which took place at the University of Eastern Finland in Joensuu on 3-4th November 2022. It explores whether and under what circumstances rehabilitation might be seen as a form of violence reduction or, conversely, as a form of state-imposed symbolic violence.

Melossi, Dario. 2023. “Bonifica Umana: The Psychoanalysis of Human Reclamation.” The Journal of Architecture. OnlineFirst [Access it here, open access]

The concept of land reclamation has often been associated with a metaphorical meaning that extends it to the reclamation of human beings, i.e. in Italian, bonifica umana. This short essay departs from a famous statement by Sigmund Freud who, inspired by a well-known Dutch case, likened the work of psychoanalysis to that of reclaiming land from the sea. The essay then goes on to discuss the policies of reclaiming land under Fascism in Italy in the 1930s, the work of bonifica. Such work was soon called a process of bonifica integrale and finally of bonifica umana, with which it was intended as a proper programme of ‘human reclamation’, based on the eugenic ideas of medical scientist and researcher Nicola Pende as well as in the new Code of Criminal Law inaugurated by the regime in 1930. In other words, in the same way in which, according to Freud, the rational agency of the ego is supposed to emerge, with the help of psychoanalysis, from the chaos of the id, so too the programme of comprehensive and human reclamation was supposed to develop a new rational fascist society and humanity from the pre-existing ‘deadly marshes’, which would metaphorically represent the chaos of social and human life before the establishment of the new fascist regime. Finally, this essay considers the question of whether such views are inherent to the general direction of Western rationalism or are historically confined to Fascism.

Melossi, Dario. 2023. “Servitude for a Time: From the Permanent Slavery of the Unfree to the Slavery Pro Tempore of the Free.” Punishment and Society 25(5): 1207-1232. [Access it here, open access]

I consider the forms of control, which went “untreated” by 1970s “revisionist” penality literature (in other words, I wonder whether the categories of human beings who are (mostly) not found in prisons have something in common). I take as starting point that the “temporary slavery” which is the punishment of imprisonment, emerged historically as related to the “free” condition of those punished. Forms of control instead for the “unfree” are not to be included in “(penal) imprisonment” and could be understood as “domestic” forms of control expressed, originally, in the idea of “Pater Familias.” This form of control is not punishment but is a permanent condition deemed appropriate for given categories of human beings, such as “children,” “women,” “slaves,” and what I call “the mad and other non-persons.” I first examine how imprisonment (as punishment) emerged, after the end of servitude in Europe, as a sort of “memory of slavery,” to enforce a principle of subordination dedicated to “the free.” Then, I look at the mechanisms of social control for those who are not socially perceived as “free.” Finally, I attempt at sketching the process of expansion of mechanisms of subordination—for the free and the unfree—beyond European borders.

Philips, Miray and Joachim J. Savelsberg. 2023. “Social Fields, Journalism, and Collective Memory: Reporting on the Armenian Genocide in Legal, Political, and Commemorative Field Events.” Memory Studies. OnlineFirst. [Access it here]

Conflictual processes unfolding in legal and political social fields as well as commemorative events differentially shape social memories, including memories about genocides, in line with their rules of the game and institutional logics. News media subsequently process mnemonic struggles—carried out in law, politics, and commemorations—submitting them to the rules and norms of journalism before their messages reach the public. This article explores these processes for struggles pertaining to memories of the Armenian genocide. It is based on a quantitative and qualitative analysis of 259 English language newspaper articles published in the United States that report about a court case, a legislative process, and commemorative events. Our analysis identifies distinct patterns of representations. Differences are in line with the institutional logics of the legal and political fields and the epistemic potential of commemorative rituals, even as they interact with the logic of the journalistic field that mediates those accounts.

Ravid, Itay and Hadar Dancig-Rosenberg. 2023. “Virtual Criminal Law Dualism.” University of Illinois Law Review: 1453-1472. [Access it here, open access]

Since the start of the new millennium, technological and societal changes have initiated a transition from physical to virtual spaces. This far-reaching phenomenon has extended to the law and legal institutions, including the criminal law domain. This essay coins the term “virtual criminal law dualism” to describe the dynamic relationship between the virtual and physical spaces in the criminal law sphere. We contend that the transition to virtual spaces has manifested in two distinct aspects. The first relates to formal doctrinal, procedural, and institutional changes that the mainstream criminal law and procedure have undergone due to the emergence of virtual spaces and technological developments (“changes from within”). The second relates to the transformation of criminal law and procedure that occurs under the influence of activities taking place in virtual platforms (“changes from the outside”). By exploring the simultaneous developments stemming from the transition to virtual spaces, we analyze the meaning of these developments, discuss their implications, and offer future directions regarding their potential expansion. We argue that the interplay between virtual and physical spaces is normatively neither encouraged nor discouraged in and of itself. Its value relies on the overarching objectives of the criminal legal system and its capacity to further those objectives.

Ravid, Itay and Rotem Dror. 2023. “140 Characters of Justice? The Promise and Perils of Using Social Media to Reveal Lay Punishment Perspectives.” University of Illinois Law Review: 1473-1532. [Access it here, open access]

For centuries, penal theorists have debated two key criminal justice questions: justifying state punishment power and determining proper punishment levels. Moral philosophers offered several theories to address these questions. Over time, calls emerged to move beyond theories and to consider community views on punishment rationales in criminal law and policy design, an approach that gained support alongside meaningful critique. Concurrently, social science advancements enabled empirically deepening understanding of public attitudes about punishment, largely through surveys and experiments.

One domain, however, remained untouched by those calling to assess lay intuitions of justice: social media. Such oversight is puzzling in light of social media’s potential to reveal public perceptions without scientific intervention. This Article thus engages with two main questions. First, a methodological question: whether social media discourse can be used to reflect laypeople’s attitudes about criminal culpability and punishment, and second, a normative question: should it be used for these purposes?

To answer these questions, the Article first synthesizes current scholarship about the promises and challenges of using social media data to study human behavior and applies it to the context of punishment justifications. The Article moves beyond theory, however, and utilizes recent technological developments in the field of Artificial Intelligence (“AI”) and Law and Natural Language Processing (“NLP”) to offer a novel empirical exploration of the potential promise of social media discourse in assessing community views on justice and punishment.

While our findings offer some support for the potentiality of using social media to assess laypeople’s attitudes regarding punishment, we also expose the complex challenges of utilizing such data, particularly for penal law and policy design. First, due to a host of methodological challenges, and second, due to normative challenges, particularly social media’s polarizing nature and the ambiguity around who’s voice is amplified through these platforms. The Article thus urges caution when leveraging social media to evaluate the public’s perceptions of justice.

Savelsberg, Joachim J. and Brooke B. Chambers. 2023. “Darfur Model, Rwanda, and the ICTR: John Hagan’s Sociology of Genocide Continued.” Law & Social Inquiry 48(4): 1232-1250. [Access it here, open access]

Core contributions from John Hagan’s scholarship on genocide are at stake in this article. First, this article examines, for the Rwandan genocide, the applicability of Hagan and Wenona Rymond-Richmond’s multi-level causal model of genocide, developed in Darfur and the Crime of Genocide. Asking how causal factors and processes highlighted in that model play out in scholarship on the Rwandan genocide, it moves toward answering the question of external validity versus historical specificity. Second, the article examines, again with a focus on Rwanda, the relationship between social scientific explanation and judicial thought. While it highlights—in line with the first author’s previous work—how judicial narratives address or select out core factors highlighted in the Darfur model, the article focuses—in line with Hagan’s Justice in the Balkans—on the question of what knowledge social science can nevertheless gain from court proceedings. An analysis of a sample of cases processed by the International Criminal Tribunal for Rwanda identifies overlaps with social science analyses, but it also highlights distinctions.

Soto, Michael and Joachim J. Savelsberg. 2023. “Collective Memories and Community Interventions: Peace Building in Northern Ireland.” Studies in Social Justice 17(3): 360-383. [Access it here, open access]

This paper examines the role of community interventions in post-conflict settings. The focus is on peacebuilding through the shaping of collective memories, achieved through the transformation of social ties. By addressing community interventions, this paper opens the black box between interventions by formal institutions (such as peace treaties, trials, or truth commissions) and outcomes. It is based on a study of one specific cross-community initiative in Belfast, Northern Ireland, which – in 2012 – employed a Transitional Justice Grassroots Toolkit. Document analysis is complemented by interviews with participants and organizers to reveal the role of pedagogical practices, mediated by cohort effects, in facilitating cultural transformation through group interactions. This paper suggests how community interventions can change collective memories, cultural trauma, and related identities of the conflict, away from their polarized and polarizing forms, and it explores implications for future peace and social justice.

Super, Gail. 2024. “Porous Penality and the Myth of Liberal Punishment: Lessons from South Africa.” The British Journal of Criminology 64(1): 107-123. OnlineFirst. [Access it here]

Drawing on Walter Benjamin, this paper discusses the relationships between law, violence, and punishment. The main argument I make is that state punishment is BOTH a violent and logically contradictory practice and that the state’s legal right to punish often spills over into extralegal penal violence, perpetrated by a range of actors against the racialized poor. I use the term penal violence to refer to all forms of violence which are aimed at enforcing law or punishing a perceived transgression of law or norms. The paper focuses on the infliction of penal violence in South Africa on/in three different scales and jurisdictions: Makwanyane and violence in prisons; police and prosecutorial violence; and extralegal civilian violence.

Thomas, Christopher. 2024. “Racial Reckoning Protests, the Capitol Insurrection, and Asymmetric Social Facts: A Mixed-Methods Study of Public Opinion.” Journal of Experimental Criminology. OnlineFirst. [Access it here]

This mixed-methods explanatory study combines national digital survey experiments and structural topic modeling of open-ended questions to examine whether news images from George Floyd protests and the Capitol insurrection affected feelings about the police differentially depending on respondents’ primary news environment. Survey experiments were conducted on 990 respondents in June 2020 and 1,174 respondents in January 2021, at the heights of the events. The study found that respondents who get their news primarily from conservative sources had substantially warmer feelings about the police after seeing Floyd protest images but not after seeing Capitol insurrection images. Topic modeling and qualitative analysis suggest this group distinctively perceived Floyd protesters as “looters” and “rioters,” discussing the Floyd protests but not the insurrection in terms of racialized chaos and anxiety. Findings suggest asymmetric affective dynamics driven by the racialized anxiety of consumers of mainly conservative news when seeing images of racial justice protests.

Tomczak, Philippa, Kaitlyn Quinn, Catherine Traynor, and Lucy Wainwright. 2023. (Re)constructing Prisoner Death Investigations: A Case Study of Suicide Investigations from England and Wales. Law & Social Inquiry. OnlineFirst. [Access it here, open access]

Because states must rebut the presumption of responsibility, all prisoner deaths must be investigated. These investigations frequently illustrate the tip of an iceberg of rights abuses and systemic hazards but have largely escaped analysis in prison-monitoring scholarship. Focusing on suicides, we assemble some of the first evidence illustrating how the staff of the Prisons and Probation Ombudsman, who investigate prisoner deaths in England and Wales, seek to prevent further deaths. Ombudsman investigations are widely regarded as ineffective, yet there are competing constructions regarding why this is and what could be done to improve outcomes. As a result of organizational norms and constraints, ombudsman staff have offered narrow accounts of prisoner suicides, focusing on the failure of frontline staff to comply with prison policies. By contrast, prison staff and coroners have focused on systemic hazards or “accidents waiting to happen,” including imprisoning people with severe mental illness, illegal drugs, unsafe facilities, and inadequate staffing. These differing constructions lock penal actors into an unproductive cycle of blame shifting that contributes to high suicide numbers. We reconceptualize prisoner deaths as occurring at the intersection of systemic hazards, organizational contexts, and individual errors. We hope that this reconceptualization facilitates broader investigations that are more likely to prevent prisoner deaths.

Turner, Jennifer, Rosemary Ricciardelli, and James Gacek. 2023. “The ‘Pains of Employment’? Connecting Air and Sound Quality to Correctional Officer Experiences of Health and Wellness in Prison Space.” The Prison Journal103(5): 610-632. [Access it here]

This article highlights Canadian federal correctional officers’ (COs) sensory engagements with their workplace to reveal how, in particular, air quality and sound quality generate physical feelings that create health and wellness concerns. These “pains of employment” support calls to improve prison space. However, these sensations conflate with perceptions of space, which infer that prisoners, not infrastructure, create poor environments. Such perceptions seemingly influence COs’ approaches to prisoner management. Accordingly, the physical quality of prison air and sound not only shapes CO constructions of health and wellness, but also has the potential to influence how they discharge their role.

 

BOOKS/BOOK CHAPTERS/EDITED COLLECTIONS

Liao, Wenjie and Joachim J. Savelsberg. 2023. “Law.” Pp. 595-608 in Handbuch zur sozialwissenschaftlichen Gedächtnisforschung, edited by Mathias Berek, Kristina Chmelar, Oliver Dimbath, Hanna Haag, Michael Heinlein, Nina Leonhard, Valentin Rauer, and Gerd Sebald. Springer. [Access it here]

This chapter provides a critical review of literature on the intersection of law and collective memory. It synthesizes common themes, identifies gaps, and suggests future directions. Existing research reveals a dialectical relationship where law and collective memories are mutually constitutive. Future research should investigate how global, national and local contexts mediate this relationship, and how the law-memory nexus manifests itself at the micro-level of legal consciousness.

Maier, Katharina, Rosemary Ricciardelli, and Fergus McNeill. Eds. 2023. Punishment, Probation and Parole: Mapping out ‘Mass Supervision’ in International Contexts. Emerald. [More information here]

In many countries, community-based penalties such as probation, electronic monitoring and parole are the most common sanctions used in the punishment of criminalized individuals. Despite the widespread use of community-based penalties, these forms of penalization or punishment remain a less studied feature of punishment research today.

Punishment, Probation and Parole maps this lacuna in knowledge and scholarship while charting a path to fill it. Bringing together a series of key conceptual papers by leading scholars, the chapters explore the various dimensions and forms of community-based penalties as they are constructed and experienced in different times and places, producing different socio-penal effects. Addressing pressing debates and emerging concepts, this much-needed collection serves to chart directions for future researchers to explore in the field of community-based penalties.

Rubio Arnal, Alejandro and Fergus McNeill. 2023. “Exploring Social Re/habilitation and Developing a New Conceptualisation of Re/integration” in Social Rehabilitation and Criminal Justice, edited by Federica Coppola and Adriano Martufi. Routledge. [Access it here]

One of us has previously argued that the personal, legal, social and moral aspects of re/habilitation are often inter-dependent. More generally, theory and research on desistance, resettlement, rehabilitation, reentry and re/integration all refer to the salience of social reaction for life after punishment. In this chapter, relying on findings from a recent participative study of men’s post-prison re/integration in Glasgow, we further develop understandings of the importance of social reaction in processes of rehabilitation and re/integration. We do so primarily by exploring two specific and contrasting local examples of social reaction to returning prisoners in Glasgow, Scotland. The first concerns the stigmatising, degrading and inefficient process of seeking support from a Community Homeless Service. The second concerns the re/integrative, empowering and supportive process of entering, becoming part of and contributing to a community called ‘A Place to Change’. Our exploration of these two contrasting examples reveals how the ways in which these services engage with punished people is shaped by and affects other domains of their re/integration, such as the material, the judicial-legal, the personal, the civic-political and the moral. From this analysis, we develop and propose a six-form model of re/integration that supports but extends current models, highlighting the interactive and temporal character of this phenomenon.

Savelsberg. Joachim J. 2023. “Media and Transitional Justice.” In The Oxford Handbook of Transitional Justice, edited by Lawrence Douglas, Alexander Hinton, and Jens Meierhenrich. Oxford University Press. OnlineFirst. [Access it here]

Using a field theory approach, this chapter explores journalism’s work for, against, and as transitional justice (TJ). Seeking to spread delegitimizing representations of atrocities and repression, TJ institutions depend on media communication. Journalism’s objectivity rule aids TJ institutions, but the juridification of journalistic products may lead to a literal and uncritical transmission of TJ narratives, buying into the institutional logic and other constraints of TJ justice mechanisms. Other features of the media field work against TJ. They include market orientation and the resulting striving for attention-grabbing stories; constraining features of journalistic genres, limiting depth and contributing to a flattening of accounts; tensions between journalistic and judicial habitus; cognitive and spatial disconnects between journalists and TJ institutions; and national filters that impede the transmission of global TJ scripts to national and local levels. When authoritarian regimes follow periods of mass violence, regimes are likely to instrumentalize (politicize) media reporting. Finally, the media may work as TJ when they engage in public shaming of those deemed guilty and reawaken collective memories of past abuses. They may even (re-)ignite interventions by formal TJ institutions. Finally, in all three scenarios of the media for, against, and as TJ, informal social contexts, communities, and opinion leaders filter media messages before they settle in the minds of recipients: a three-step flow of communication.

 

PUBLIC SCHOLARSHIP

Brangan, Louise. 2023. “New ‘Healing’ Prison in Ireland Points to Long History of Progressive Penal Reform.” The Conversation. [Access it here]

Is there only one kind of progressive prison? In the 1970s, the Irish Prison Division thought the prison was the problem, not the prisoners.

Lageson, Sarah and Rob Stewart. 2023. “Faulty background checks are violating privacy and ruining lives.” The Hill. September 28. [Access it here]