Rights of the Child, Mothers and Sentencing

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Author :
Publisher : Routledge
ISBN 13 : 1000348520
Total Pages : 139 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Rights of the Child, Mothers and Sentencing by : Alice Wambui Macharia

Download or read book Rights of the Child, Mothers and Sentencing written by Alice Wambui Macharia and published by Routledge. This book was released on 2021-02-22 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author’s experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children’s rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child’s existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court’s discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children’s issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child’s rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children’s rights law and criminal law.

Maternal Sentencing and the Rights of the Child

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Author :
Publisher : Springer Nature
ISBN 13 : 3030327388
Total Pages : 279 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Maternal Sentencing and the Rights of the Child by : Shona Minson

Download or read book Maternal Sentencing and the Rights of the Child written by Shona Minson and published by Springer Nature. This book was released on 2019-12-24 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court’s paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

Parental Imprisonment and Children’s Rights

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Author :
Publisher : Routledge
ISBN 13 : 1351981455
Total Pages : 167 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Parental Imprisonment and Children’s Rights by : Fiona Donson

Download or read book Parental Imprisonment and Children’s Rights written by Fiona Donson and published by Routledge. This book was released on 2021-03-30 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children’s rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children’s rights informs prison policy, and 3) demonstrating how law in the form of children’s rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children’s rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children’s rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.

Pregnancy and New Motherhood in Prison

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Author :
Publisher : Policy Press
ISBN 13 : 1447363396
Total Pages : 185 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Pregnancy and New Motherhood in Prison by : Lucy Baldwin

Download or read book Pregnancy and New Motherhood in Prison written by Lucy Baldwin and published by Policy Press. This book was released on 2023-11-30 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incorporating the authentic voices and real-life experiences of women, this ground-breaking book focuses on pregnancy and new motherhood in UK prisons. The book delves critically and poignantly into the criminal justice system's response to pregnant and new mothers, shedding light on the tragedies of stillborn babies and the deaths of traumatised mothers in prison. Based on lived realities, it passionately argues the case for enhancing the experiences of pregnant and new mothers involved with the criminal justice system. Aiming to catalyse policy and practice, the book is key reading for criminology and midwifery students and researchers as well as policy makers and practitioners.

Prisons, Punishment, and the Family

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192538144
Total Pages : 336 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Prisons, Punishment, and the Family by : Rachel Condry

Download or read book Prisons, Punishment, and the Family written by Rachel Condry and published by Oxford University Press. This book was released on 2018-10-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mothering and Desistance in Re-Entry

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Author :
Publisher : Routledge
ISBN 13 : 131722809X
Total Pages : 126 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Mothering and Desistance in Re-Entry by : Venezia Michalsen

Download or read book Mothering and Desistance in Re-Entry written by Venezia Michalsen and published by Routledge. This book was released on 2018-11-05 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is plentiful research on the impact of marriage, employment and the military on desistance from criminal behaviour in the lives of men, far less is known about the factors most important to women’s desistance. Imprisoned women are far more likely than their male counterparts to be the primary caretakers of children before their incarceration, and are far more likely to intend to reunify with their children upon their release from incarceration. This book focuses on the role of mothering in women’s desistance from criminal behaviour. Drawing on original research, this book explores the nature of mothering during incarceration, how mothers maintain a relationship with their children from behind bars and the ways in which mothering makes desistance more or less likely after incarceration. It outlines the ways in which race, gender, class, nationality, sexuality, gender identity, and other characteristics affect mothering and desistance, and explores the tensions between individual and system-level factors in the consideration of desistance. This book suggests that any discussion of desistance, particularly for women, must move beyond the traditional focus on individual characteristics and decision-making. Such a focus overlooks the role played by context and systems which undermine both women's attempts to be mothers and their attempts to desist. By contrast, in the tradition of Beth Richie’s Compelled to Crime, this book explores both the trees and the forests, and the quantum in-between, in a way that aims for lasting societal and individual changes.

Sentencing and Punishment

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Publisher : Oxford University Press
ISBN 13 : 0192863290
Total Pages : 593 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Sentencing and Punishment by : Emeritus Professor of Law Susan Easton

Download or read book Sentencing and Punishment written by Emeritus Professor of Law Susan Easton and published by Oxford University Press. This book was released on 2022-12-22 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the theory behind the headlines and engaging with current debates, this new edition provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers and researchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining clear and succinct, the authors deliver a balanced approach to the subject. Chapter summaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked and restructured, this fifth edition has been updated to include developments such as the Sentencing Act 2020 and changes following the 2019 general election. This is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course.

International Law and Domestic Human Rights Litigation in Africa

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Author :
Publisher : PULP
ISBN 13 : 0986985724
Total Pages : 261 pages
Book Rating : 4.9/5 (869 download)

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Book Synopsis International Law and Domestic Human Rights Litigation in Africa by : Magnus Killander

Download or read book International Law and Domestic Human Rights Litigation in Africa written by Magnus Killander and published by PULP. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

Exploring Sentencing Practice in England and Wales

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Author :
Publisher : Springer
ISBN 13 : 1137390409
Total Pages : 268 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Exploring Sentencing Practice in England and Wales by : J. Roberts

Download or read book Exploring Sentencing Practice in England and Wales written by J. Roberts and published by Springer. This book was released on 2015-02-27 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.

Sentencing and Punishment

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Author :
Publisher : Oxford University Press
ISBN 13 : 019874482X
Total Pages : 527 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Sentencing and Punishment by : Susan Easton

Download or read book Sentencing and Punishment written by Susan Easton and published by Oxford University Press. This book was released on 2016 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balanced coverage, supportive learning features, and a chance to dive into all the key theories and debates: the essential guide for sentencing and punishment students. Examining the theory behind the headlines and engaging with all the current debates. Sentencing and Punishment provides thoughtful, reliable, and unbiased coverage of sentencing and punishment in the UK to make the perfect companion for your course. Thorough and systematic approach, Topics examined from legal, philosophical, and practical perspectives, In-depth and detailed coverage, covering both sentencing and punishment, to match to UK courses, Discussion questions, case studies, and sentencing exercises in each chapter so you can apply your knowledge, Fully reworked, restructured, and updated incorporating changes following the 2015 general election Book jacket.

Sentencing and Criminal Justice

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936297
Total Pages : 537 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Sentencing and Criminal Justice by : Andrew Ashworth

Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and updated new edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book. Issues of principle are identified and discussed, to include the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders. The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government's plans for sentencing reform, set out in the 2020 White Paper A Smarter Approach to Sentencing. Throughout the book, sentencing is explored in its wider criminal justice context – making it essential reading for courses on sentencing, criminal justice and criminal law.

Detention and Its Alternatives Under International Law

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Publisher : Oxford University Press
ISBN 13 : 0198866232
Total Pages : 289 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Detention and Its Alternatives Under International Law by : Lorna McGregor

Download or read book Detention and Its Alternatives Under International Law written by Lorna McGregor and published by Oxford University Press. This book was released on 2023-11-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

Mothering from the Inside

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Author :
Publisher : Emerald Group Publishing
ISBN 13 : 178973343X
Total Pages : 232 pages
Book Rating : 4.7/5 (897 download)

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Book Synopsis Mothering from the Inside by : Kelly Lockwood

Download or read book Mothering from the Inside written by Kelly Lockwood and published by Emerald Group Publishing. This book was released on 2020-09-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book takes a holistic approach to highlight and explore the range of issues specifically associated with mothering and imprisonment, from sentencing, through custody to resettlement and focusing on the perspective of mothers and their children.

Motherhood In and After Prison

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Author :
Publisher : Waterside Press
ISBN 13 : 1914603206
Total Pages : 331 pages
Book Rating : 4.9/5 (146 download)

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Book Synopsis Motherhood In and After Prison by : Lucy Baldwin

Download or read book Motherhood In and After Prison written by Lucy Baldwin and published by Waterside Press. This book was released on 2022-07-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Motherhood In and After Prison focuses on how imprisonment impacts incarcerated mothers’ maternal identity, emotions and role. It explores both the short and longer-term consequences of sending mothers to prison. It reveals the devastating and often underestimated impact of maternal imprisonment on mothers themselves, on their children, and on their families and their place in society. Based on special access to mothers and grandmothers, who were either still in prison or contributing post-release, this new book will be of considerable interest to policymakers, educators, practitioners, researchers, feminists and women’s support groups. It follows the author’s acclaimed Mothering Justice. It contains imprisoned mothers’ thoughts gained via first-hand interviews and letters. The book concludes with recommendations for positive change and improved, informed responses to criminalised and imprisoned mothers, relating to their lives before prison, in prison, and after prison — including when ‘renegotiating’ motherhood in the ‘doubly/triply/quadruply deviant’ context of a convicted mother. Packed with information, data, analysis and the women’s own words the book will be of great interest to both a national and international audience. Based on first-hand accounts by imprisoned mothers/grandmothers of their incarceration. Deeply probes their multi-layered challenges. A feminist, matricentric tour de force. With extensive new findings and recommendations. Reviews ‘This timely book beautifully educates without judgement and is a must read for policymakers and practitioners alike, driving home a most critical message about the colossal and devastating impact of imprisoning mothers ’– Lady Edwina Grosvenor — From the Foreword.

Human Rights in Criminal Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1526519534
Total Pages : 631 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Human Rights in Criminal Law by : Ben Douglas-Jones KC

Download or read book Human Rights in Criminal Law written by Ben Douglas-Jones KC and published by Bloomsbury Publishing. This book was released on 2023-02-16 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights. Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeals, as well as taking a case to the European Court of Human Rights. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial – providing an analysis of human rights law as it applies in each phase. This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.

Women, Incarceration, and Human Rights Violations

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Author :
Publisher : Routledge
ISBN 13 : 113477849X
Total Pages : 156 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Women, Incarceration, and Human Rights Violations by : Alana Van Gundy

Download or read book Women, Incarceration, and Human Rights Violations written by Alana Van Gundy and published by Routledge. This book was released on 2016-02-17 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rich examination of the neglect and abuses occurring to women in correctional facilities, Women, Incarceration, and Human Rights Violations draws upon a wealth of case studies from around the world and class action lawsuits to shed light on ’covert’ abuse such as sexual or physical abuse, as well as ’overt’ abuse such as the denial of medical treatment. Adopting a feminist framework, this book offers a comparative evaluation of abuse in domestic and international correctional facilities, demonstrating the extent to which women are at high risk of being sexually abused and re-victimized in the correctional system, where pregnancy and other specific medical and health issues are consistently ignored. Calling attention to the necessity of addressing the gender-specific needs of women who are incarcerated, Women, Incarceration, and Human Rights Violations offers a review of current policy, laws, and regulation bearing on the issue, while providing concrete recommendations and policy changes to address abuses. As such it will appeal to sociologists, criminologists, and policymakers concerned with questions of gender, penology, and institutional abuse.

Handbook on the Consequences of Sentencing and Punishment Decisions

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Author :
Publisher : Routledge
ISBN 13 : 0429881460
Total Pages : 412 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Handbook on the Consequences of Sentencing and Punishment Decisions by : Beth M. Huebner

Download or read book Handbook on the Consequences of Sentencing and Punishment Decisions written by Beth M. Huebner and published by Routledge. This book was released on 2018-08-06 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on the Consequences of Sentencing and Punishment Decisions, the third volume in the Routledge ASC Division on Corrections & Sentencing Series, includes contemporary essays on the consequences of punishment during an era of mass incarceration. The Handbook Series offers state-of-the-art volumes on seminal and topical issues that span the fields of sentencing and corrections. In that spirit, the editors gathered contributions that summarize what is known in each topical area and also identify emerging theoretical, empirical, and policy work. The book is grounded in the current knowledge about the specific topics, but also includes new, synthesizing material that reflects the knowledge of the leading minds in the field. Following an editors’ introduction, the volume is divided into four sections. First, two contributions situate and contextualize the volume by providing insight into the growth of mass punishment over the past three decades and an overview of the broad consequences of punishment decisions. The overviews are then followed by a section exploring the broader societal impacts of punishment on housing, employment, family relationships, and health and well-being. The third section centers on special populations and examines the unique effects of punishment for juveniles, immigrants, and individuals convicted of sexual or drug-related offenses. The fourth section focuses on institutional implications with contributions on jails, community corrections, and institutional corrections.