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Crime Sexual Violence And Clemency
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Book Synopsis Discretionary Justice by : Carolyn Strange
Download or read book Discretionary Justice written by Carolyn Strange and published by NYU Press. This book was released on 2016-12-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Redefining Rape by : Estelle B. Freedman
Download or read book Redefining Rape written by Estelle B. Freedman and published by Harvard University Press. This book was released on 2013-09-03 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rape has never had a universally accepted definition, and the uproar over "legitimate rape" during the 2012 U.S. elections confirms that it remains a word in flux. Redefining Rape tells the story of the forces that have shaped the meaning of sexual violence in the United States, through the experiences of accusers, assailants, and advocates for change. In this ambitious new history, Estelle Freedman demonstrates that our definition of rape has depended heavily on dynamics of political power and social privilege. The long-dominant view of rape in America envisioned a brutal attack on a chaste white woman by a male stranger, usually an African American. From the early nineteenth century, advocates for women's rights and racial justice challenged this narrow definition and the sexual and political power of white men that it sustained. Between the 1870s and the 1930s, at the height of racial segregation and lynching, and amid the campaign for woman suffrage, women's rights supporters and African American activists tried to expand understandings of rape in order to gain legal protection from coercive sexual relations, assaults by white men on black women, street harassment, and the sexual abuse of children. By redefining rape, they sought to redraw the very boundaries of citizenship. Freedman narrates the victories, defeats, and limitations of these and other reform efforts. The modern civil rights and feminist movements, she points out, continue to grapple with both the insights and the dilemmas of these first campaigns to redefine rape in American law and culture.
Book Synopsis Incarcerated Women by : Erica Rhodes Hayden
Download or read book Incarcerated Women written by Erica Rhodes Hayden and published by Lexington Books. This book was released on 2017-02-06 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the rise of prisons and development of prison systems in the United States has been studied extensively in scholarship, but the experiences of female inmates in these institutions have not received the same attention. Historically, women incarcerated in prison, jails, and reformatories accounted for a small number of inmates across the United States. Early on, they were often held in prisons alongside men and faced neglect, exploitation, and poor living conditions. Various attempts to reform them, ranging from moral instruction and education to domestic training, faced opposition at times from state officials, prison employees, and even male prison reformers. Due to the consistent small populations and relative neglect the women often faced, their experiences in prison have been understudied. This collection of essays seeks to recapture the perspective on women’s prison experience from a range of viewpoints. This edited collection will explore the challenges women faced as inmates, their efforts to exert agency or control over their lives and bodies, how issues of race and social class influenced experiences, and how their experiences differed from that of male inmates. Contributions extend from the early nineteenth century into the twenty-first century to provide an opportunity to examine change over time with regards to female imprisonment. Furthermore, the chapters examine numerous geographic regions, allowing for readers to analyze how place and environment shapes the inmate experience.
Book Synopsis Comparative Executive Clemency by : Andrew Novak
Download or read book Comparative Executive Clemency written by Andrew Novak and published by Routledge. This book was released on 2015-08-20 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
Book Synopsis Living in Infamy by : Pippa Holloway
Download or read book Living in Infamy written by Pippa Holloway and published by Oxford University Press, USA. This book was released on 2014-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living in Infamy uncovers the origins of felon disfranchisement and traces the expansion of the practice to felons regardless of race and its spread beyond the South, establishing a system that affects the American electoral process today.
Book Synopsis A History of Modern American Criminal Justice by : Joseph F. Spillane
Download or read book A History of Modern American Criminal Justice written by Joseph F. Spillane and published by SAGE. This book was released on 2013 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This text focuses on the modern aspects of the history of criminal justice, from 1900 to the present. A unique thematic approach, rather than a chronological approach, sets this book apart from comparable books on the subject, with chapters organized around themes such as policing, courts, due process, and prison and punishment. Making connections between history and contemporary criminal justice systems, structures, and processes, this text offers the latest in historical scholarship, made relevant to the needs of current and future practitioners in the field."--P. [4] of cover.
Book Synopsis Unequal Sisters by : Stephanie Narrow
Download or read book Unequal Sisters written by Stephanie Narrow and published by Taylor & Francis. This book was released on 2023-08-28 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unequal Sisters has become a beloved and classic reader, providing an unparalleled resource for understanding women’s history in the United States today. First published in 1990, the book revolutionized the field with its broad multicultural approach, emphasizing feminist perspectives on race, ethnicity, region, and sexuality, and covering the colonial period to the present day. Now in its fifth edition, the book presents an even wider variety of women’s experiences. This new edition explores the connections between the past and the present and highlights the analysis of queerness, transgender identity, disability, the rise of the carceral state, and the bureaucratization and militarization of migration. There is also more coverage of Indigenous and Pacific Islander women. The book is structured around thematic clusters: conceptual/methodological approaches to women’s history; bodies, sexuality, and kinship; and agency and activism. This classic work has incorporated the feedback of educators in the field to make it the most user-friendly version to date and will be of interest to students and scholars of women’s history, gender and sexuality studies, and the history of race and ethnicity.
Book Synopsis White Women, Rape, and the Power of Race in Virginia, 1900-1960 by : Lisa Lindquist Dorr
Download or read book White Women, Rape, and the Power of Race in Virginia, 1900-1960 written by Lisa Lindquist Dorr and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, historians have primarily analyzed charges of black-on-white rape in the South through accounts of lynching or manifestly unfair trial proceedings, suggesting that white southerners invariably responded with extralegal violence and sham trials when white women accused black men of assault. Lisa Lindquist Dorr challenges this view with a careful study of legal records, newspapers, and clemency files from early-twentieth-century Virginia. White Virginians' inflammatory rhetoric, she argues, did not necessarily predict black men's ultimate punishment. While trials were often grand public spectacles at which white men acted to protect white women and to police interracial relationships, Dorr points to cracks in white solidarity across class and gender lines. At the same time, trials and pardon proceedings presented African Americans with opportunities to challenge white racial power. Taken together, these cases uncover a world in which the mandates of segregation did not always hold sway, in which whites and blacks interacted in the most intimate of ways, and in which white women and white men saw their interests in conflict. In Dorr's account, cases of black-on-white rape illuminate the paradoxes at the heart of segregated southern society: the tension between civilization and savagery, the desire for orderly and predictable racial boundaries despite conflicts among whites and relationships across racial boundaries, and the dignity of African Americans in a system dependent on their supposed inferiority. The rhetoric of protecting white women spoke of white supremacy and patriarchy, but its practice revealed the limits of both.
Book Synopsis Lethal Punishment by : Margaret Vandiver
Download or read book Lethal Punishment written by Margaret Vandiver and published by Rutgers University Press. This book was released on 2005-12-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did some offenses in the South end in mob lynchings while similar crimes led to legal executions? Why did still other cases have nonlethal outcomes? In this well-researched and timely book, Margaret Vandiver explores the complex relationship between these two forms of lethal punishment, challenging the assumption that executions consistently grew out of-and replaced-lynchings. Vandiver begins by examining the incidence of these practices in three culturally and geographically distinct southern regions. In rural northwest Tennessee, lynchings outnumbered legal executions by eleven to one and many African Americans were lynched for racial caste offenses rather than for actual crimes. In contrast, in Shelby County, which included the growing city of Memphis, more men were legally executed than lynched. Marion County, Florida, demonstrated a firmly entrenched tradition of lynching for sexual assault that ended in the early 1930s with three legal death sentences in quick succession. With a critical eye to issues of location, circumstance, history, and race, Vandiver considers the ways that legal and extralegal processes imitated, influenced, and differed from each other. A series of case studies demonstrates a parallel between mock trials that were held by lynch mobs and legal trials that were rushed through the courts and followed by quick executions. Tying her research to contemporary debates over the death penalty, Vandiver argues that modern death sentences, like lynchings of the past, continue to be influenced by factors of race and place, and sentencing is comparably erratic.
Book Synopsis The Oxford Handbook of Legal History by : Markus D. Dubber
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-07-26 with total page 1254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Book Synopsis A Wall Is Just a Wall by : Reiko Hillyer
Download or read book A Wall Is Just a Wall written by Reiko Hillyer and published by Duke University Press. This book was released on 2024-01-05 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the twentieth century, even the harshest prison systems in the United States were rather porous. Incarcerated people were regularly released from prison for Christmas holidays; the wives of incarcerated men could visit for seventy-two hours relatively unsupervised; and governors routinely commuted the sentences of people convicted of murder. By the 1990s, these practices had become rarer as politicians and the media—in contrast to corrections officials—described the public as potential victims who required constant protection against the threat of violence. In A Wall Is Just a Wall Reiko Hillyer focuses on gubernatorial clemency, furlough, and conjugal visits to examine the origins and decline of practices that allowed incarcerated people to transcend prison boundaries. Illuminating prisoners’ lived experiences as they suffered, critiqued, survived, and resisted changing penal practices, she shows that the current impermeability of the prison is a recent, uneven, and contested phenomenon. By tracking the “thickening” of prison walls, Hillyer historicizes changing ideas of risk, the growing bipartisan acceptance of permanent exile and fixing the convicted at the moment of their crime as a form of punishment, and prisoners’ efforts to resist.
Book Synopsis A Companion to the History of Crime and Criminal Justice by : Jo Turner
Download or read book A Companion to the History of Crime and Criminal Justice written by Jo Turner and published by Policy Press. This book was released on 2017-06-21 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of crime and punishment is an important, yet under-resourced area of criminology and criminal justice. This valuable book provides concise but robust definitions of key terms and concepts, going well beyond a simple explanation of the word or theme. Offering a succinct approach to the vocabulary and terminology of historical and contemporary approaches to crime and punishment, it includes entries from expert contributors in a user-friendly A-Z format with clear direction to related entries and further reading. Including explanations of terms ranging from 'garrotting' to The Bow Street Runners, baby farming to juvenile delinquency, this easily accessible text will be ideal for the reader to draw on across the variety of modules and studies relating to the topic.
Download or read book Prison, Inc written by K.C. Carceral and published by NYU Press. This book was released on 2006 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a first-hand account of life behind bars in a controversial new type of prison facility: the private prison. Privatisation is seen as a necessary and cost-saving measure, but not much is known about how these facilities are run, so this text provides a look inside a private prison by an inmate.
Book Synopsis Death by Prison by : Christopher Seeds
Download or read book Death by Prison written by Christopher Seeds and published by Univ of California Press. This book was released on 2022-07-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine part of contemporary US criminal justice, even engrained in the nation's cultural imaginary, but how it came to be so remains in question. Fifty years ago, imprisoning a person until death was an extraordinary sentence; today, it accounts for an increasing percentage of all US prisoners. What explains the shifts in penal practice and the social imagination by which we have become accustomed to imprisoning individuals until death without any reevaluation or reasonable expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long. The rise of life without parole, this book demonstrates, is not simply a matter of growth: it is a phenomenon of change, inclusive of changes in definitions, practices, and meanings. Death by Prison shows that the complex processes by which life without parole became imprisonment until death and perpetual confinement became a routine part of American punishment must be understood not only in terms of punitive attitudes and political efforts but as a matter of background conditions and transformations in penal institutions. The book also reveals how the social and sociological relevance of life without parole extends beyond its punitive element: imbued in the history of life without parole are a variety of forms of disregard--for human dignity, for social consequences, and for the myriad responsibilities that go along with state punishment"--
Book Synopsis Race in the American South by : David Brown
Download or read book Race in the American South written by David Brown and published by Edinburgh University Press. This book was released on 2007-07-12 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of race has indelibly shaped the history of the United States. Nowhere has the drama of race relations been more powerfully staged than in the American South. This book charts the turbulent course of southern race relations from the colonial origins of the plantation system to the maturation of slavery in the nineteenth century, through the rise of a new racial order during the Civil War and Reconstruction, to the civil rights revolution of the twentieth century.While the history of race in the southern states has been shaped by a basic struggle between black and white, the authors show how other forces such as class and gender have complicated the colour line. They distinguish clearly between ideas about race, mostly written and disseminated by intellectuals and politicians, and their reception by ordinary southerners, both black and white. As a result, readers are presented with a broad, over-arching view of race in the American South throughout its chequered history.Key Features:*racial issues are the key area of interest for those who study the American South*race is the driving engine of Southern history*unique in its focus on race*broad coverage - origins of the plantation system to the situation in the South today
Book Synopsis Freedom Rights by : Danielle L. McGuire
Download or read book Freedom Rights written by Danielle L. McGuire and published by University Press of Kentucky. This book was released on 2011-11-26 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his seminal article "Freedom Then, Freedom Now," renowned civil rights historian Steven F. Lawson described his vision for the future study of the civil rights movement. Lawson called for a deeper examination of the social, economic, and political factors that influenced the movement's development and growth. He urged his fellow scholars to connect the "local with the national, the political with the social," and to investigate the ideological origins of the civil rights movement, its internal dynamics, the role of women, and the significance of gender and sexuality. In Freedom Rights: New Perspectives on the Civil Rights Movement, editors Danielle L. McGuire and John Dittmer follow Lawson's example, bringing together the best new scholarship on the modern civil rights movement. The work expands our understanding of the movement by engaging issues of local and national politics, gender and race relations, family, community, and sexuality. The volume addresses cultural, legal, and social developments and also investigates the roots of the movement. Each essay highlights important moments in the history of the struggle, from the impact of the Young Women's Christian Association on integration to the use of the arts as a form of activism. Freedom Rights not only answers Lawson's call for a more dynamic, interactive history of the civil rights movement, but it also helps redefine the field.
Book Synopsis Doing Time in the Depression by : Ethan Blue
Download or read book Doing Time in the Depression written by Ethan Blue and published by NYU Press. This book was released on 2014-11-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: As banks crashed, belts tightened, and cupboards emptied across the country, American prisons grew fat. Doing Time in the Depression tells the story of the 1930s as seen from the cell blocks and cotton fields of Texas and California prisons, state institutions that held growing numbers of working people from around the country and the world—overwhelmingly poor, disproportionately non-white, and displaced by economic crisis. Ethan Blue paints a vivid portrait of everyday life inside Texas and California’s penal systems. Each element of prison life—from numbing boredom to hard labor, from meager pleasure in popular culture to crushing pain from illness or violence—demonstrated a contest between keepers and the kept. From the moment they arrived to the day they would leave, inmates struggled over the meanings of race and manhood, power and poverty, and of the state itself. In this richly layered account, Blue compellingly argues that punishment in California and Texas played a critical role in producing a distinctive set of class, race, and gender identities in the 1930s, some of which reinforced the social hierarchies and ideologies of New Deal America, and others of which undercut and troubled the established social order. He reveals the underside of the modern state in two very different prison systems, and the making of grim institutions whose power would only grow across the century.
