Crime and Punishment / History

The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

Contrary to the stereotypical images of torture, narcotics and brutal sexual abuse traditionally associated with Ottoman or 'Turkish' prisons, Kent Schull argues that, during the Second Constitutional Period (1908-1918), they played a crucial role in attempts to transform the empire. It was within these prisons' walls that many of the pressing questions of Ottoman modernity were worked out; questions of administrative centralisation, Islamic criminal law and punishment, gender and childhood, prisoner rehabilitation, bureaucracy, identity and social engineering.

Learning behind Barsis an oral history of former Irish republican prisoners in the Republic of Ireland and Northern Ireland between 1971, the year internment was introduced, and 2000, when the high-security Long Kesh Detention Centre/HM Prison Maze closed. Dieter Reinisch outlines the role of politically motivated prisoners in ending armed conflicts as well as the personal and political development of these radical activists during their imprisonment. Based on extensive life-story interviews with Irish Republican Army (IRA) ex-prisoners, the book examines how political prisoners developed their intellectual positions through the interplay of political education and resistance. It sheds light on how prisoners used this experience to initiate the debates that eventually led to acceptance of the peace process in Northern Ireland. Politically relevant and instructive, Learning behind Barsilluminates the value of education, politics, and resistance in the harshest of social environments.

Almost everyone agrees--Right on Crime, the ACLU, Koch Industries, George Soros's Open Society Foundation, the editorial boards of the New York Times and the Wall Street Journal--that America's current systems for sentencing criminal offenders are a shambles, with crazy quilts of incompatible and conflicting laws, policies, and practices in every state and the federal system. Most everyone agrees that punishments are too severe, and too many people are in prison. However, the kinds of major changes required to undo mass incarceration and rebuild American sentencing are simply not happening. Despite well-intentioned rhetoric and media coverage, there has been very little meaningful change. In Sentencing Fragments, Michael Tonry explains what needs to be done to rebuild just systems of sentencing and punishment, and how to do it. This book tells the story of sentencing policy changes since 1975, examines research findings concerning their effects, and explains what does and does not work. Beyond calling attention to the devastating effects on the lives of the poor and disadvantaged and the latest empirical evidence, Tonry identifies the common moral theories behind criminal sentencing--as well as their larger assumptions about human nature--and discusses the ways in which different theories have bred very different sentencing policies. Sentencing Fragments concludes with a set of proposals for creating better policies and practices for the future, calling for American legislators and politicians to remake sentencing into the humane and just process that it always should have been. In lucid and engaging prose, Michael Tonry reveals the historical foundation for the current state of the American criminal justice system, while simultaneously offering a game plan for long overdue reform.

In 1840, Alexander Maconochie, a retired naval captain, became superintendent of two thousand twice-convicted prisoners on Norfolk Island, a thousand miles off the coast of Australia. He transformed the brutal convict settlements into a controlled, stable, and productive environment. This book offers an account of this pioneer in penal reform.

The prison system was one of the primary social issues of the Victorian era and a regular focus of debate among the period's reformers, novelists, and poets. Stones of Law, Bricks of Shame brings together essays from a broad range of scholars, who examine writings on the Victorian prison system that were authored not by inmates, but by thinkers from the respectable middle class. Studying the ways in which writings on prisons were woven into the fabric of the period, the contributors consider the ways in which these works affected inmates, the prison system, and the Victorian public. Contesting and extending Michel Foucault's ideas on power and surveillance in the Victorian prison system, Stones of Law, Bricks of Shame covers texts from Charles Dickens to Henry James. This essential volume will refocus future scholarship on prison writing and the Victorian era.