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Sexual History Evidence in Rape Trials
This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and its impact on jurors. In doing so, it presents findings of the first mock jury dataset in England and Wales to explore how jurors interpret, discuss, and rely upon such evidence within their deliberations. Drawing on both qualitative and quantitative insights from the 18 mock jury panels, the book highlights the complex, nuanced and intersectional impact of sexual history evidence within the deliberative ideal. Indeed, findings exemplified routine and ongoing prejudicial framings of sexual history amongst jurors, and frequent endorsement of rape myths that s...
Narratives on Prison Governmentality
Narratives on Prison Governmentality explores prison governmentality through the analysis of letters of prisoners. The collection of testimonies represents the opportunities and difficulties of resisting in a place of power, which, in recent years, has become more sophisticated and effective. In recent years there has been a progressive individualisation of the prison population and a continuous erosion of solidarity. The condition of prisoners is influenced by renewed governmental logic that has become more effective for management and even reproduced by the prisoners themselves. Italian prison governmentality has been presented in its softest and hardest discursive forms and material regim...
War as Protection and Punishment
This book provides an analysis of how penal discourses are used to legitimate post-Cold War military interventions through three main case studies: Kosovo, Iraq and Libya. These cases reveal the operation of diverse modalities of punishment in extending the ambit of international liberal governance. The argument starts from an analysis of these discourses to trace the historical arc in which military interventions have increasingly been launched through reference to both the human rights discourse and humanitarian sentiments, and a desire to punish the perpetrators. The book continues with the analysis of practices involved in the post-intervention phase, looking at the ways in which states ...
Preventing Prison Violence
Preventing Prison Violence introduces the idea of ‘prison ecologies’ – a multi-layered perspective to understanding prison violence as a ‘product’ of human, environment (social and physical), systemic, and societal influences – and how an ecological approach is helpful to prevention efforts. Interpersonal violence is a global concern and a significant cause of death around the world. In prisons, the human, financial, and health burden of violence presents a significant social issue – as well as a ‘wicked problem’ that does not permit of simplistic solutions. Recent innovations in data capture means that questions about violence, gang-affiliations, and prisons that could not...
Penal Abolitionism and Transformative Justice in Brazil
Penal Abolitionism and Transformative Justice in Brazil discusses how penal abolitionism provides fundamental theoretical bases and practical references for the construction of a transformative justice in Brazil, supporting the claim that justice is a socially constructed conception and that victims do not unanimously stand for punishment. The book explores how the active participation of the protagonists of a conflict in a face-to-face negotiation of symbolic reparation, can produce a sense of justice without the need to punish or impose suffering on anyone. Mapping the ways that restorative justice in Brazil has distanced itself from the potential of transformative justice, to the extent t...
European Perspectives on Pre-Trial Detention
High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.
Impending Challenges to Penal Moderation in France and Germany
This book investigates the penal culture in France and Germany – how it is shaped in politics, media, and public opinion. Although compared with the US or the UK, France and Germany seem to place a strong emphasis on the ideal of rehabilitation that would block excessive punishment and other outcomes of punitive developments in society, there is a steady increase in punitiveness over time for which the term “strained restraint” is proposed. The book shows that the idea of penal moderation is deeply rooted in public opinion, politics, and the media and that it is renegotiated every day in a dynamic interplay between these spheres. Punishment and society research has traditionally focuse...
