Penal Populism and Public Opinion: Lessons from Five Countries

Free sample

Although criminal justice systems vary greatly around the world, one theme has emerged in all western jurisdictions in recent years: a rise in both the rhetoric and practice of severe punishment at a time when public opinion has played a pivotal role in sentencing policy and reforms. Despite the differences among jurisdictions, startling commonalities exist among the five countries-the U.K., USA, Canada, Australia, and New Zealand--surveyed here. Drawing on the results of representative opinion surveys and other research tools the authors map public attitudes towards crime and punishment across countries and explore the congruence between public views and actual policies. Co-authored by four distinguished sentencing policy experts, Penal Populism and Public Opinion is a clarion call for limiting the influence of penal populism and instituting more informed, research- based sentencing policies across the western world.
Read more
Collapse

About the author

Julian V. Roberts is Professor of Criminology at the University of Ottawa. Loretta Stalans is Professor of Psychology at Loyola University, Chicago. David Indermaur is a Professor at the Law School of the University of Western Australia. Mike Hough is a Professor in the Department of Social Policy at South Bank University, London.
Read more
Collapse
Loading...

Additional Information

Publisher
Oxford University Press
Read more
Collapse
Published on
Dec 5, 2002
Read more
Collapse
Pages
264
Read more
Collapse
ISBN
9780195350487
Read more
Collapse
Read more
Collapse
Read more
Collapse
Language
English
Read more
Collapse
Genres
Law / Criminal Law / General
Social Science / Criminology
Social Science / Penology
Read more
Collapse
Content Protection
This content is DRM protected.
Read more
Collapse
Read Aloud
Available on Android devices
Read more
Collapse
Eligible for Family Library

Reading information

Smartphones and Tablets

Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.

Laptops and Computers

You can read books purchased on Google Play using your computer's web browser.

eReaders and other devices

To read on e-ink devices like the Sony eReader or Barnes & Noble Nook, you'll need to download a file and transfer it to your device. Please follow the detailed Help center instructions to transfer the files to supported eReaders.
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
For most of the 20th Century, sentencing purposes and procedures were virtually the same in all American jurisdictions. The primary sentencing goal was rehabilitation, to be accomplished mostly in prison. To achieve this goal, judges and parole boards were given broad discretionary powers. In the 1970s, legal scholars and critics began to question such unfettered discretion, and to advocate for a system of prison-as-punishment, not as moral reeducation. Lawmakers began to experiment with mandatory penalties and other limits on sentencing discretion. These changes broke the previously uniform standard of sentencing in America. Today, sentencing purposes and procedures vary wildly between different state and federal jurisdictions. Our fragmented sentencing system has contributed to unprecedented increases in prison and jail inmate populations, disproportionately affecting racial minorities and creating a staggering drain on state budgets. The systems in most jurisdictions are disorganized, expensive, and unfair. We need a new vision, and a new way forward. In Just Sentencing, Richard S. Frase offers a hybrid sentencing model that combines clearly-stated normative principles with procedures that have proven successful in practice. Frase advocates an expanded version of the theory of limiting retributivism, recognizing desert-based and other limits on sentence severity while accommodating crime control and other non-retributive punishment purposes. These principles are implemented with procedures based on the best state sentencing guidelines systems, including mandatory resource- and demographic-impact assessments, appellate review that preserves substantial trial court discretion, and abolition of parole release discretion. This book also shows how the core principles and procedures of the proposed model have been successfully implemented in several states, and endorsed in model sentencing codes and standards. America currently lacks a comprehensive understanding of the purposes and limits of punishment. Just Sentencing offers us a cogent and urgently-needed solution for the incoherent and unsustainable American sentencing system.
Oprah's Book Club Summer 2018 Selection

The Instant New York Times Bestseller

A powerful, revealing story of hope, love, justice, and the power of reading by a man who spent thirty years on death row for a crime he didn't commit.

“An amazing and heartwarming story, it restores our faith in the inherent goodness of humanity.”
—Archbishop Desmond Tutu

In 1985, Anthony Ray Hinton was arrested and charged with two counts of capital murder in Alabama. Stunned, confused, and only twenty–nine years old, Hinton knew that it was a case of mistaken identity and believed that the truth would prove his innocence and ultimately set him free.

But with no money and a different system of justice for a poor black man in the South, Hinton was sentenced to death by electrocution. He spent his first three years on Death Row at Holman State Prison in agonizing silence—full of despair and anger toward all those who had sent an innocent man to his death. But as Hinton realized and accepted his fate, he resolved not only to survive, but find a way to live on Death Row. For the next twenty–seven years he was a beacon—transforming not only his own spirit, but those of his fellow inmates, fifty–four of whom were executed mere feet from his cell. With the help of civil rights attorney and bestselling author of Just Mercy, Bryan Stevenson, Hinton won his release in 2015.

With a foreword by Stevenson, The Sun Does Shine is an extraordinary testament to the power of hope sustained through the darkest times. Destined to be a classic memoir of wrongful imprisonment and freedom won, Hinton’s memoir tells his dramatic thirty–year journey and shows how you can take away a man’s freedom, but you can’t take away his imagination, humor, or joy.

Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.
#1 NEW YORK TIMES BESTSELLER • John Grisham’s first work of nonfiction: a true crime story that will terrify anyone who believes in the presumption of innocence.
 
NOW A NETFLIX ORIGINAL DOCUMENTARY SERIES
 
“Both an American tragedy and [Grisham’s] strongest legal thriller yet, all the more gripping because it happens to be true.”—Entertainment Weekly
 
In the town of Ada, Oklahoma, Ron Williamson was going to be the next Mickey Mantle. But on his way to the Big Leagues, Ron stumbled, his dreams broken by drinking, drugs, and women. Then, on a winter night in 1982, not far from Ron’s home, a young cocktail waitress named Debra Sue Carter was savagely murdered. The investigation led nowhere. Until, on the flimsiest evidence, it led to Ron Williamson. The washed-up small-town hero was charged, tried, and sentenced to death—in a trial littered with lying witnesses and tainted evidence that would shatter a man’s already broken life, and let a true killer go free.
 
Impeccably researched, grippingly told, filled with eleventh-hour drama, The Innocent Man reads like a page-turning legal thriller. It is a book no American can afford to miss.
 
Praise for The Innocent Man
 
“Grisham has crafted a legal thriller every bit as suspenseful and fast-paced as his bestselling fiction.”—The Boston Globe
 
“A gritty, harrowing true-crime story.”—Time
 
“A triumph.”—The Seattle Times

BONUS: This edition includes an excerpt from John Grisham’s The Litigators.
NOW A NETFLIX ORIGINAL SERIES • #1 NEW YORK TIMES BESTSELLER
 
With a career, a boyfriend, and a loving family, Piper Kerman barely resembles the reckless young woman who delivered a suitcase of drug money ten years before. But that past has caught up with her. Convicted and sentenced to fifteen months at the infamous federal correctional facility in Danbury, Connecticut, the well-heeled Smith College alumna is now inmate #11187–424—one of the millions of people who disappear “down the rabbit hole” of the American penal system. From her first strip search to her final release, Kerman learns to navigate this strange world with its strictly enforced codes of behavior and arbitrary rules. She meets women from all walks of life, who surprise her with small tokens of generosity, hard words of wisdom, and simple acts of acceptance. Heartbreaking, hilarious, and at times enraging, Kerman’s story offers a rare look into the lives of women in prison—why it is we lock so many away and what happens to them when they’re there.
 
Praise for Orange Is the New Black
 
“Fascinating . . . The true subject of this unforgettable book is female bonding and the ties that even bars can’t unbind.”—People (four stars)
 
“I loved this book. It’s a story rich with humor, pathos, and redemption. What I did not expect from this memoir was the affection, compassion, and even reverence that Piper Kerman demonstrates for all the women she encountered while she was locked away in jail. I will never forget it.”—Elizabeth Gilbert, author of Eat, Pray, Love
 
“This book is impossible to put down because [Kerman] could be you. Or your best friend. Or your daughter.”—Los Angeles Times
 
“Moving . . . transcends the memoir genre’s usual self-centeredness to explore how human beings can always surprise you.”—USA Today
 
“It’s a compelling awakening, and a harrowing one—both for the reader and for Kerman.”—Newsweek.com
 
Look for special features inside. Join the Random House Reader’s Circle for author chats and more.
©2019 GoogleSite Terms of ServicePrivacyDevelopersArtistsAbout Google|Location: United StatesLanguage: English (United States)
By purchasing this item, you are transacting with Google Payments and agreeing to the Google Payments Terms of Service and Privacy Notice.