Capital and Convict

Capital and Convict PDF Author: Henry Kamerling
Publisher: University of Virginia Press
ISBN: 0813940567
Category : History
Languages : en
Pages : 360

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Book Description
Both in the popular imagination and in academic discourse, North and South are presented as fundamentally divergent penal systems in the aftermath of the Civil War, a difference mapped onto larger perceived cultural disparities between the two regions. The South’s post Civil War embrace of chain gangs and convict leasing occupies such a prominent position in the nation’s imagination that it has come to represent one of the region’s hallmark differences from the North. The regions are different, the argument goes, because they punish differently. Capital and Convict challenges this assumption by offering a comparative study of Illinois’s and South Carolina’s formal state penal systems in the fifty years after the Civil War. Henry Kamerling argues that although punishment was racially inflected both during Reconstruction and after, shared, nonracial factors defined both states' penal systems throughout this period. The similarities in the lived experiences of inmates in both states suggest that the popular focus on the racial characteristics of southern punishment has shielded us from an examination of important underlying factors that prove just as central—if not more so—in shaping the realities of crime and punishment throughout the United States.

Capital and Convict

Capital and Convict PDF Author: Henry Kamerling
Publisher: University of Virginia Press
ISBN: 0813940567
Category : History
Languages : en
Pages : 360

Get Book Here

Book Description
Both in the popular imagination and in academic discourse, North and South are presented as fundamentally divergent penal systems in the aftermath of the Civil War, a difference mapped onto larger perceived cultural disparities between the two regions. The South’s post Civil War embrace of chain gangs and convict leasing occupies such a prominent position in the nation’s imagination that it has come to represent one of the region’s hallmark differences from the North. The regions are different, the argument goes, because they punish differently. Capital and Convict challenges this assumption by offering a comparative study of Illinois’s and South Carolina’s formal state penal systems in the fifty years after the Civil War. Henry Kamerling argues that although punishment was racially inflected both during Reconstruction and after, shared, nonracial factors defined both states' penal systems throughout this period. The similarities in the lived experiences of inmates in both states suggest that the popular focus on the racial characteristics of southern punishment has shielded us from an examination of important underlying factors that prove just as central—if not more so—in shaping the realities of crime and punishment throughout the United States.

Texas Tough

Texas Tough PDF Author: Robert Perkinson
Publisher: Macmillan + ORM
ISBN: 1429952776
Category : Social Science
Languages : en
Pages : 494

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Book Description
A vivid history of America's biggest, baddest prison system and how it came to lead the nation's punitive revolution In the prison business, all roads lead to Texas. The most locked-down state in the nation has led the way in criminal justice severity, from assembly-line executions to isolation supermaxes, from prison privatization to sentencing juveniles as adults. Texas Tough, a sweeping history of American imprisonment from the days of slavery to the present, shows how a plantation-based penal system once dismissed as barbaric became the national template. Drawing on convict accounts, official records, and interviews with prisoners, guards, and lawmakers, historian Robert Perkinson reveals the Southern roots of our present-day prison colossus. While conventional histories emphasize the North's rehabilitative approach, he shows how the retributive and profit-driven regime of the South ultimately triumphed. Most provocatively, he argues that just as convict leasing and segregation emerged in response to Reconstruction, so today's mass incarceration, with its vast racial disparities, must be seen as a backlash against civil rights. Illuminating for the first time the origins of America's prison juggernaut, Texas Tough points toward a more just and humane future.

The Myth of Overpunishment

The Myth of Overpunishment PDF Author: Barry Latzer
Publisher: Simon and Schuster
ISBN: 1645720330
Category : Social Science
Languages : en
Pages : 223

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Book Description
Justice is on trial in the United States. From police to prisons, the justice system is accused of overpunishing. It is said that too many Americans are abused by the police, arrested, jailed, and imprisoned. But the denunciations are overblown. The data indicates, contrary to the critics, that we don’t imprison too many, nor do we overpunish. This becomes evident when we examine the crimes of prisoners and the actual time served. The history of punishment in the United States, discussed in vivid detail, reveals that the treatment of offenders has become progressively more lenient. Corporal punishment is no more. The death penalty has become a rarity. Many convicted defendants are given no-incarceration sentences. Restorative justice may be a good thing for low-level offenses, or as an add-on for remorseful prisoners, but when it comes to major crimes it is no substitute for punitive justice. The Myth of Overpunishment presents a workable and politically feasible plan to electronically monitor arrested suspects prior to adjudication (bail reform), defendants placed on probation, and parolees.

Dual Justice

Dual Justice PDF Author: Anthony Grasso
Publisher: University of Chicago Press
ISBN: 0226835588
Category : Political Science
Languages : en
Pages : 358

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Book Description
A far-reaching examination of how America came to treat street and corporate crime so differently. 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.

Breaking the Pendulum

Breaking the Pendulum PDF Author: Philip Goodman
Publisher: Oxford University Press
ISBN: 0199976074
Category : Social Science
Languages : en
Pages : 241

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Book Description
The history of criminal justice in the U.S. is often described as a pendulum, swinging back and forth between strict punishment and lenient rehabilitation. While this view is common wisdom, it is wrong. In Breaking the Pendulum, Philip Goodman, Joshua Page, and Michelle Phelps systematically debunk the pendulum perspective, showing that it distorts how and why criminal justice changes. The pendulum model blinds us to the blending of penal orientations, policies, and practices, as well as the struggle between actors that shapes laws, institutions, and how we think about crime, punishment, and related issues. Through a re-analysis of more than two hundred years of penal history, starting with the rise of penitentiaries in the 19th Century and ending with ongoing efforts to roll back mass incarceration, the authors offer an alternative approach to conceptualizing penal development. Their agonistic perspective posits that struggle is the motor force of criminal justice history. Punishment expands, contracts, and morphs because of contestation between real people in real contexts, not a mechanical "swing" of the pendulum. This alternative framework is far more accurate and empowering than metaphors that ignore or downplay the importance of struggle in shaping criminal justice. This clearly written, engaging book is an invaluable resource for teachers, students, and scholars seeking to understand the past, present, and future of American criminal justice. By demonstrating the central role of struggle in generating major transformations, Breaking the Pendulum encourages combatants to keep fighting to change the system.

Going Up the River

Going Up the River PDF Author: Joseph T. Hallinan
Publisher: Random House Trade Paperbacks
ISBN: 0812968441
Category : Social Science
Languages : en
Pages : 290

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Book Description
The American prison system has grown tenfold in thirty years, while crime rates have been relatively flat: 2 million people are behind bars on any given day, more prisoners than in any other country in the world — half a million more than in Communist China, and the largest prison expansion the world has ever known. In Going Up The River, Joseph Hallinan gets to the heart of America’s biggest growth industry, a self-perpetuating prison-industrial complex that has become entrenched without public awareness, much less voter consent. He answers, in an extraordinary way, the essential question: What, in human terms, is the price we pay? He has looked for answers to that question in every corner of the “prison nation,” a world far off the media grid — the America of struggling towns and cities left behind by the information age and desperate for jobs and money. Hallinan shows why the more prisons we build, the more prisoners we create, placating everyone at the expense of the voiceless prisoners, who together make up one of the largest migrations in our nation’s history.

Contested Meanings

Contested Meanings PDF Author: Joseph R. Gusfield
Publisher: Univ of Wisconsin Press
ISBN: 9780299149345
Category : Health & Fitness
Languages : en
Pages : 388

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Book Description
The theme throughout Contested Meanings is the conflicting and changing ways society defines social problems. He emerges in the course of the book as a thoughtful and realistic social critic who looks beyond analyses of drinking as pathological behavior to consider the place of alcohol in American popular and leisure culture.

Discretionary Justice

Discretionary Justice PDF Author: Carolyn Strange
Publisher: NYU Press
ISBN: 1479899925
Category : Law
Languages : en
Pages : 333

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Book Description
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.

Benevolent Repression

Benevolent Repression PDF Author: Alexander W. Pisciotta
Publisher: NYU Press
ISBN: 0814766382
Category : History
Languages : en
Pages : 228

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Book Description
Drawing on sources in a dozen states and focusing on seven case studies, documents how the prison reform movement that began in 1876 quickly reverted to the previous standards of punishment, psychological and physical abuse, escapes, riots, suicide, drugs, arson, and rape. Argues that today's prisons, directly descended from those, still lay claim to the ideology of education and rehabilitation that was a myth from the beginning. Annotation copyright by Book News, Inc., Portland, OR

Misrule and Reversals

Misrule and Reversals PDF Author: Rozaliya Yaneva
Publisher: Herbert Utz Verlag
ISBN: 383164313X
Category : Carnival in literature
Languages : en
Pages : 294

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Book Description
How do Christopher Marlowe’s plays relate to interpretations of carnival as being either a beneficial repression inspired by anxiety or a deliberate expression of resistance towards all that is established and permanent? Where can one place carnival in his dramatic works? Renaissance drama invited a consideration of various forms of collective life and while great religious festivities of the Catholic calendar were affected by Reformation efforts to control festivity and detach it from religious worship, festive energies on Marlowe`s stage seem to have persisted. This book views Doctor Faustus, Tamburlaine the Great, The Jew of Malta and Edward the Second through concepts of irreverence, clowning, the high and the low in culture, degradation, laughter and feasting while viewing the plays’ worlds in terms of misrule, inversion and reversal. Who are the clowns in the plays, is the time for revelries restricted and how do the principle of the grotesque and the forces of debasement work are some of the intriguing questions to be pursued.