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Human Rights and Incarceration
This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or ‘non-citizens’. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.
Offender Rehabilitation Programmes
This book shows how prison officers may be able to significantly influence extra-programmatic conditions, to enhance rehabilitation outcomes and contribute to reducing reoffending. It does so through a detailed review of the literature relating to prison-based rehabilitation programmes, examining factors influencing their outcomes and the effects of the prison officer role. Firstly the book explores current understandings about the role of the prison and effective offender rehabilitation programmes. It then describes the processes of the integrative review of how prison officers can support rehabilitation programmes in prisons. Review findings suggest three main routes by which prison office...
Privacy, Technology, and the Criminal Process
This collection considers the implications for privacy of the utilisation of new technologies in the criminal process. In most modern liberal democratic states, privacy is considered a basic right. Many national constitutions, and almost all international human rights instruments, include some guarantee of privacy. Yet privacy interests appear to have had relatively little influence on criminal justice policy making. The threat that technology poses to these interests demands critical re-evaluation of current law, policy, and practice. This is provided by the contributions to this volume. They offer legal, criminological, philosophical and comparative perspectives. The book will be of interest to legal and criminological scholars and postgraduate students. Its interdisciplinary methodology and focus on the intersection between law and technology make it also relevant for philosophers, and those interested in science and technology studies.
The Cambridge Handbook of Facial Recognition in the Modern State
In situations ranging from border control to policing and welfare, governments are using automated facial recognition technology (FRT) to collect taxes, prevent crime, police cities and control immigration. FRT involves the processing of a person's facial image, usually for identification, categorisation or counting. This ambitious handbook brings together a diverse group of legal, computer, communications, and social and political science scholars to shed light on how FRT has been developed, used by public authorities, and regulated in different jurisdictions across five continents. Informed by their experiences working on FRT across the globe, chapter authors analyse the increasing deployment of FRT in public and private life. The collection argues for the passage of new laws, rules, frameworks, and approaches to prevent harms of FRT in the modern state and advances the debate on scrutiny of power and accountability of public authorities which use FRT. This book is also available as Open Access on Cambridge Core.
The Politics of Prison Crowding
The Politics of Prison Crowding investigates recent transformations in Italy’s penal system to make the key analytical observation that conditions of overcrowding have become the ‘new normal’ under which the modern prison system continues to operate and deliver punishment. Engaging with the politics of crowding thus entails a direct and pertinent engagement with the modern state’s politics of criminal justice and social control. Worldwide, over the last decades, a growing number of jurisdictions have prison systems operating above or to the limit of their capacity, yet little attention has been paid to these elements in the analysis of prison politics and day-to-day functions. By exp...
A Restorative Approach to Family Violence
A Restorative Approach to Family Violence looks back at an early and successful demonstration of a family and culturally based model to stop severe family violence. This conferencing model, called family group decision making, was applied by three diverse Canadian communities—Inuit, rural, and urban—to the benefit of child and adult family members. Narrative inquiry identifies how engaging the family and relatives resets the narrative from misrecognition to recognition of their competence and caring. Family violence poses some of the most long-term and controversial questions in restorative justice. Should we use a restorative approach to stop gendered and intergenerational harm? Or will...
Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales
Interviewing of Suspects with Mental Health Conditions and Disorders in England and Wales explores cutting-edge research that focuses specifically on these adults (including their cognitive needs and psychological vulnerabilities), the impact on the investigative interview, and existing legislation, guidance and practice. The book opens with a historical overview of the move from interrogation to investigative interviewing, including the impact of well-known miscarriages of justice and the inquiry that led to the development of current best practice interviewing. Further chapters focus on the concept of vulnerability within current theoretical frameworks, with a particular emphasis on mental...
Reconceptualising Penality
Drastic increases in the use of imprisonment; the introduction of ’three strikes’ laws and mandatory sentences; restrictions on parole - all of these developments appear to signify a new, harsher era or ’punitive turn’. Yet these features of criminal justice are not universally present in all Western countries. Drawing on empirical data, Hamilton examines the prevalence of harsher penal policies in Ireland, Scotland and New Zealand, thereby demonstrating the utility of viewing criminal justice from the perspective of smaller jurisdictions. This highly innovative book is thoroughly critical of the way in which punitiveness is currently measured by leading criminologists. It is essential reading for students and scholars of criminology, penology, criminal justice and socio-legal studies, as well as criminal lawyers and practitioners.
Protest Policing and Human Rights
This book examines protest policing and the toolbox of options available to police commanders in response. The right to peacefully protest is intrinsic to democracy and embedded in British history and tradition. The police are responsible for managing public order and facilitating peaceful protest and this has not been without criticism. On occasions, the police have found themselves in opposition to protest groups and there have been incidents of disorder as a result. In response, the development of Police Liaison Teams in the UK has presented the police with a gateway for dialogue between themselves and those involved in protest. Drawing on two contrasting case studies, the policing of the...
The UN Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
