This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Publisher: Council of Europe
European prison law and policy has a growing impact. This book explores its development, analyses the penological and human rights foundations on which it is based and lays out general principles that underlie European prison law and policy, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights.
Penology and Human Rights
Author: Dirk van Zyl Smit,Sonja Snacken
Publisher: OUP Oxford
At the start of the 21st century, some 2 million Europeans were detained against their will in prisons, police stations, mental health institutions or other detention centres. It is generally recognised that protection against the arbitrary deprivation of liberty and the prevention of ill-treatment reflect the extent to which states respect human rights and human dignity, when these can be jeopardised by demands for security and efficiency. This book describes the European system for the protection of people deprived of their liberty and how this has evolved over the past fifty years. It discusses the different initiatives taken by the Council of Europe in this area, of which the European Convention on Human Rights and the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are the most significant.
Author: J. L. Murdoch
Publisher: Council of Europe
Prisons and imprisonment have become a commonplace topic in popular culture as the setting and rationale for fiction and documentaries and most people seem to have a clear notion of what it is like in prison, ranging from the idea of the prison cell as a cosy nook with fast internet access to that of a dungeon with a hard bed and a diet of bread and water. But what is prison really like? Do prisoners have the same rights as everyone else? What are the similarities and differences between prisons in different European countries? This book answers all of these questions, whilst also presenting cutting-edge research on the living conditions of long-term prisoners in Europe and considering whether these conditions meet international human rights standards. Bringing together leading experts in the field, with comprehensive coverage of the issues in Belgium, Croatia, Denmark, England, Finland, France, Germany, Lithuania, Poland, Spain and Sweden, this book offers the first comparative study on the subject. Whereas past research in this area has concentrated on the Anglo-American experience, this book offers a truly comparative European approach and pays due attention to the differences in prison systems between the post-Soviet countries and continental Europe. This book will be key reading for academics and students of criminology, criminal justice and penology and will also be of interest to students and practitioners of law.
Author: Kirstin Drenkhahn,Manuela Dudeck,Frieder Dünkel
Category: Social Science
This book is the first in-depth analysis on criminal offences in Britain, and presents original empirical material about the use of criminal powers against suspected immigration wrongdoers. Based on interviews with practitioners and staff at the UK Border Agency and data from court cases involving immigration defendants, it examines prosecution decision making and the proceedings before the criminal justice system. Crimes of Mobility critically analyses the criminalization of immigration status and, more generally, the functions of the criminal law in immigration enforcement, from a legal and normative perspective."--pub. desc.
Criminal Law and the Regulation of Immigration
Author: Ana J Aliverti
Category: Criminal justice, Administration of
The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.
Author: Gaëtan Cliquennois,Hugues de Suremain
Category: Social Science
In Philip K. Dick's short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick's allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"-particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror" the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt
Author: Richard Jochelson
Publisher: Taylor & Francis
Based on a three year research study, the book explores and compares access to effective defence in criminal proceedings across nine European jurisdictions that constitute examples of the three major legal traditions in Europe, inquisitiorial, adversarial and post-state socialist: Belgium, England & Wales, Finland, France, Germany, Hungary, Italy, Poland and Turkey. --
Publisher: Intersentia Uitgevers N V
This handbook is intended to assist judges, lawyers and prosecutors to take account of the many requirements of the European Convention on Human Rights - both explicit and implicit - for the criminal process when interpreting and applying Codes of Criminal Procedure and comparable or related legislation. It does so through extracts from key rulings of the European Court of Human Rights and the former European Commission of Human Rights dealing with complaints about violations of Convention rights and freedoms in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process. The extracts are significant not only because the mere text of the Convention is insufficient to indicate the scope of what is entailed by it but also because the circumstances of the cases selected give a sense of how to apply the requirements in concrete situations.
The Case Law of the European Court of Human Rights
Author: Jeremy McBride
Publisher: Council of Europe
This innovative work builds on Huff and Killiase(tm) earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways:ee (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction:ee voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.ee
Causes and Remedies in North American and European Criminal Justice Systems
Author: C. Ronald Huff,Martin Killias
Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular upon the families of offenders. It assembles examples of recent and ongoing studies from eight different countries in order to not only learn about the secondary effects and 'collateral consequences' of imprisonment but also to understand what the experiences and lived realities of prisoners' families means for the sociology of punishment and our broader understanding of criminal justice systems. While punishment and society scholarship has gained significant ground in recent years it has often remained silent on the ways in which the families of prisoners are affected by our practices of punishment. This book provides evidence of the importance of including families within this scholarship and explores themes of legitimacy, citizenship, human rights, marginalization, exclusion, and inequality.
Towards a New Sociology of Punishment?
Author: Rachel Condry,Peter Scharff Smith
Publisher: Oxford University Press, USA
EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.
Author: Valsamis Mitsilegas
Publisher: Bloomsbury Publishing
In Ireland, prison litigation is becoming increasingly common. Prison numbers are at an all-time high and conditions in many Irish prisons have been criticized by international and domestic human rights bodies, such as the Irish Penal Reform Trust and the Inspector of Prisons, who have voiced concern about the lack of accountability for decisions taken by prison administrators on issues such as discipline, transfers, and release. The rights of prisoners are a key focus of the book. These rights are examined in relation to prison conditions, contact with the outside world, discipline, remission, transfer, and release. The book analyzes practical issues that Ireland's prison law practitioners are likely to come up against, such as causes of action, evidential difficulties, and time limits. It sets out the position of particular groups, including women, children, foreign prisoners, and those from an ethnic minority background. It identifies areas in which the treatment of prisoners gives rise to concerns under the country's Constitution or the European Convention on Human Rights. Contents include: the legal framework governing Irish prisons * prison conditions and the law * contact with the outside world * remission, transfer, and release * discipline * accountability for deaths * incidents giving rise to serious harm * particular groups in the prison population * practical issues for prison law practitioners.
Author: Mary Olive Rogan
Publisher: Bloomsbury Professional
This publication contains a number of papers which highlight examples of good practice in relation to criminal policy in member states of the Council of Europe, set out under the headlines of: crime prevention, mediation and other community sanctions, the prison system, and criminal procedure. Many of the papers are written by members of the Criminological Scientific Council of the Council of Europe (CSC).
Good Practices and Promising Examples
Publisher: Council of Europe
Category: Political Science
Publisher: United Nations Publications
This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.
Risks, Rights and the Rule of Law
Author: Barbara Hudson,Synnove Ugelvik
Category: Social Science
Every year, hundreds of thousands of jailed Americans leave prison and return to society. Largely uneducated, unskilled, often without family support, and with the stigma of a prison record hanging over them, many if not most will experience serious social and psychological problems after release. Fewer than one in three prisoners receive substance abuse or mental health treatment while incarcerated, and each year fewer and fewer participate in the dwindling number of vocational or educational pre-release programs, leaving many all but unemployable. Not surprisingly, the great majority is rearrested, most within six months of their release. What happens when all those sent down the river come back up--and out? As long as there have been prisons, society has struggled with how best to help prisoners reintegrate once released. But the current situation is unprecedented. As a result of the quadrupling of the American prison population in the last quarter century, the number of returning offenders dwarfs anything in America's history. What happens when a large percentage of inner-city men, mostly Black and Hispanic, are regularly extracted, imprisoned, and then returned a few years later in worse shape and with dimmer prospects than when they committed the crime resulting in their imprisonment? What toll does this constant "churning" exact on a community? And what do these trends portend for public safety? A crisis looms, and the criminal justice and social welfare system is wholly unprepared to confront it. Drawing on dozens of interviews with inmates, former prisoners, and prison officials, Joan Petersilia convincingly shows us how the current system is failing, and failing badly. Unwilling merely to sound the alarm, Petersilia explores the harsh realities of prisoner reentry and offers specific solutions to prepare inmates for release, reduce recidivism, and restore them to full citizenship, while never losing sight of the demands of public safety. As the number of ex-convicts in America continues to grow, their systemic marginalization threatens the very society their imprisonment was meant to protect. America spent the last decade debating who should go to prison and for how long. Now it's time to decide what to do when prisoners come home.
Parole and Prisoner Reentry
Author: Joan Petersilia
Publisher: Oxford University Press
'Punishment and Prisons is a scholarly, powerful and inspirational critique. With passion and humanity, Joe Sim strips neo-liberal penal policies of their reformist pretensions and demonstrates that prisons will continue to be brutal enforcers of gross economic inequalities until such time as the abolitionist alternative is realised' - Pat Carlen Joe Sim has long occupied a key position in British and European criminology. This book is a genuinely important addition to the literature; it is controversial and will stimulate debate. Punishment and Prisons shows that critical criminology is alive, that it has a voice and that it needs to be read. - Peter Young, Professor of Criminology, University of Hull 'A satisfyingly uncompromising critique that has no fear of coming to clear conclusions and provides little succour to those satisfied with short term change in the current system. Sim provides the kind of concise, articulate and powerful critique of apparent criminological realities, which is necessary to motivate genuine reform and can help to ensure that practitioners and others do not forget the big picture.' - Probation Journal Joe Sim offers a rich and persuasive analysis of imprisonment, providing a wealth of political and policy detail. He makes his reader confront the cruelties of imprisonment as well as its ineffectiveness in reducing crime, and it would surely be impossible to read this book without feeling profound disquiet about the deployment of the power to punish in contemporary Britain. Punishment and Prisons has a breadth and depth of scholarship, arguing powerfully for a more critical criminology and an abolitionist stance towards imprisonment. I urge all those interested in penal policy - whether as students, teachers, researchers, reformers, politicians or penal professionals - to read this important and disturbing book. - Professor Barbara Hudson, Centre for Criminology and Criminal Justice Studies, University of Central Lancashire With prisons overflowing and penal policy the topic of hot debate, Punishment and Prisons: Power and the Carceral State presents a lively and accessible discussion of possible solutions to the current crisis, by one of the foremost scholars in the field. Joe Sim traces the development of penal strategy over the past three decades, through a critical analysis of the relationship between penal policy and state power. Exploring the contested histories of punishment that are prominent in criminology, and its development in penal policy, the book analyses four key dimensions of modern penal trends: " continuity and discontinuity in penal policy and practice " reform and rehabilitation " contesting penal power " abolitionism. Articulate, innovative and theoretically informed, Punishment and Prisons: Power and the Carceral State offers a critical overview of contemporary penal politics that will prove a compelling addition to the criminological library. The book is written for not only for students and academics but also for those involved in the debates on penal policy - including prison reform groups, politicians and the media. It offers a series of suggestions for alleviating the current crisis, setting out a policy agenda for transforming the role and place of the prison in the criminal justice system.
Power and the Carceral State
Author: Joe Sim
Category: Social Science
What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ’penal/colonial complex,’ in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as ’risk management’, ’the therapeutic prison’, and ’preventative detention’ are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.
The Revival of the Prison
Author: Chris Cunneen,Eileen Baldry,David Brown,Mark Brown,Melanie Schwartz,Alex Steel
Category: Social Science
This volume brings together leading researchers to celebrate the significant contributions of Peter Grabosky to the field of Criminology, and in particular his work developing and adapting regulatory theory to the study of policing and security. Over the past three decades, his path-breaking theoretical and empirical research has contributed to a burgeoning literature on the myriad ways regulatory systems drive state and non-state interactions in an effort to control crime. This collection of essays showcases Grabosky’s pioneering treatment of key regulatory concepts as they relate to such interactions, and illustrate how his work has been instrumental in shaping contemporary scholarship and practice around the governance of security. Revisiting the work of a key figure in the field, this book will be of interest to criminologists, sociologists, socio-legal studies and those engaged with security and policy studies.
Essays in Honour of Peter Grabosky
Author: Lennon Y.C. Chang,Russell Brewer
Category: Social Science