Nos últimos trinta trinta anos, houve profundas mudanças na forma como compreendemos o crime e a justiça criminal. O crime tornou-se um evento simbólico, um verdadeiro teste para a ordem social e para as políticas governamentais, um desafio para a sociedade civil, para a democracia e para os direitos humanos. Segundo David Garland, professor da Faculdade de Direito da New York University, um dos principais autores no campo da Sociologia da Punição e com artigo publicado na Revista de Sociologia e Política , número 13, na modernidade tardia houve uma verdadeira obsessão securitária, direcionando as políticas criminais para um maior rigor em relação às penas e maior intolerância com o criminoso. Há trinta anos, nos EUA e na Inglaterra essa tendência era insuspeita. O livro mostra que os dois países compartilham intrigantes similaridades em suas práticas criminais, a despeito da divisão racial, das desigualdades econômicas e da letalidade violenta que marcam fortemente o cenário americano. Segundo David Garland, encontram-se nos dois países os “mesmos tipos de riscos e inseguranças, a mesma percepção a respeito dos problemas de um controle social não-efetivo, as mesmas críticas da justiça criminal tradicional, e as mesmas ansiedades recorrentes sobre mudança e ordem sociais”1 (GARLAND, 2001, p. 2). O argumento principal da obra é o seguinte: a modernidade tardia, esse distintivo padrão de relações sociais, econômicas e culturais, trouxe consigo um conjunto de riscos, inseguranças e problemas de controle social que deram uma configuração específica às nossas respostas ao crime, ao garantir os altos custos das políticas criminais, o grau máximo de duração das penas e a excessivas taxas de encarceramento.

http://www.scielo.br/pdf/rsocp/n20/n20a15.pdf

The culture of control: crime and social order in contemporary, society

/pdf/the-precariat-the-new-dangerous-class-3tq7b7h7fg.pdf

The Precariat. The New Dangerous Class

Contemporary Sociology 7(5) (September 1978):566—68. When the intellectual history of our times comes to be written, that peculiarly Left Bank mixture of Marxism and structuralism now in fashion will be among the most puzzlingofourideastoevaluate.Aliteral “archeology of knowledge” (the title of one of Foucault’s earlier books) will be required to sort out the valuable from the obvious rubbish. I suspect that in this exercise the iconographers of the present (like Barthes) will fare less well than those who have read the past. Of such “historians” (a description which does not really cover his method) Foucault is the most dazzlingly creative. Discipline and Punish (which, shamefully, has taken over two years to be translated into English) follows Madness and Civilization (1961) and The Birth of the Clinic (1971) as the next stage in Foucault’s massive project of tracing the genealogy of control institutions (asylums, teaching hospitals, prisons) and the human sciences symbiotically linked with them (psychiatry, clinical medicine, criminology, penology). His concern throughout is the relationship between power and knowledge, the articulation of each on the other. Here (as he makes explicit in an interview recently published in the English journal, Radical Philosophy) he opposes the humanist position that, once we gain power, we cease to know——it makes us blind—— and that only those who keep their distance from power, who are no way implicated in tyranny, can attain the truth. For Foucault, such forms of knowledge as psychiatry and criminology (with its “garrulous discourses” and “intermidable [sic] repetitions”) are directly related to the exercise of power. Power itself creates new objects of knowledge and accumulates new bodies of information. Thus to “liberate scientific research from the demands of monopoly capitalism” can only be a slogan. Placing such programmatic Big Issues on one side, though, a superficial first reading of the book mightstartatthelevelofitssubtitle, “The Birth of the Prison.” The key historical transition——at the end of the eighteenth century——is from punishment as torture, a public spectacle, to the more economically and politically discreet prison sentence. The body as the major target of penal repression disappears: within a few decades, the grisly spectacles of torture, dismemberment, exposure, amputation, and branding are over. Interest is transferred from the body to the mind; a coercive, solitary, and secret mode of punishment replaces one that was representative, scenic, and collective. Gone is the liturgy of torture and execution, where the triumph of the sovereign was symbolized in the processions, halts at crossroads, public readings of the sentence even after death, where the criminal’s corpse was exhibited or burnt. In its place comes a whole technology of subtle power. When punishment leaves the domain of more or less everyday perception and enters into abstract consciousness, it does not become less effective. But its effectiveness arises from its inevitability not its horrific theatrical intensity. The new power is not to punish less but to In Retrospect: 1978 29

https://journals.sagepub.com/doi/pdf/10.1177/0094306118815499a

Discipline and Punish: The Birth of the Prison:

Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration. By Devah Pager. Chicago: University of Chicago Press, 2007. Pp. xiii+248. $25.00.

Polity Press. Paperback. Book Condition: New. Paperback. 416 pages. Dimensions: 9.8in. x 7.0in. x 1.1in.The field of control theory in PDEs has broadened considerably as more realistic models have been introduced and investigated. This book presents a broad range of recent developments, new discoveries, and mathematical tools in the field. The authors discuss topics such as elasticity, thermo-elasticity, aero-elasticity, interactions between fluids and elastic structures, and fluid dynamics and the new challenges that they present. Other control theoretic problems include parabolic systems, dynamical Lame systems, linear and nonlinear hyperbolic equations, and pseudodifferential operators on a manifold. This is a valuable tool authored by international specialists in the field. This item ships from multiple locations. Your book may arrive from Roseburg,OR, La Vergne,TN. Paperback.

Crime in an Insecure World

This article evaluates the contemporary discursive status of victims and people convicted of criminal offences. The rhetoric used by British politicians to convey the meaning of ‘rights’ is explored within media output, parliamentary speech-making and other forms of political discourse. Our analysis details how victims’ rights are sometimes advocated for at the expense of ‘offenders’ ’ rights in public discourse. Examination of parliamentary debates illustrates that differentiating between ‘victims’ and ‘offenders’ elides consideration of more meaningful support for victims, worsens opportunities for the reintegration of ex-prisoners and constructs a false dichotomy between citizens who do not fall into mutually-exclusive categories.

/pdf/victims-versus-offenders-in-british-political-discourse-the-404uawcmid.pdf

“Victims” versus “offenders” in British political discourse: the construction of a false dichotomy

This article analyses the use of criminal justice measures aimed at the prevention of sexual offending across England and Wales. Specifically, it focuses on measures such as the ‘sex offenders register’ and sexual offences prevention orders (SOPOs) and the use of sanctions for their breach. Following a discussion of the apparent tensions between individual rights and public protection measures we present an original analysis of data collated from Multi-Agency Public Protection Arrangements (MAPPA) area reports over a nine-year period. Our analysis reveals considerable variation between areas in both the risk-level allocation of cases, the imposition of SOPOs and sanctions for non-compliance with MAPPA. We argue that these disparities raise issues concerning both the rights and autonomy of those subjected to public protection measures and highlight the need for further detailed research into MAPPA practices.

/pdf/disparities-in-public-protection-measures-against-sexual-4rw55reydf.pdf

Disparities in public protection measures against sexual offending in England and Wales: An example of preventative injustice?:

Social scientists, and geographers in particular, have long been interested in examining spatial patterns of offending in order to generate a “geography” of crime and criminality. This paper examines what value, if any, a geographical approach to the study of sexual offending might offer. Utilising published official data from England and Wales it presents for the first time geographical analyses of the registration, risk assessment and management of Registered Sexual Offenders (RSOs) across 42 Multi-Agency Public Protection Arrangement (MAPPA) areas. In doing so it considers and evaluates the methodological issues pertaining to the use of such data and such a geographical approach. We conclude that geographical interpretations of both the incidence of RSOs and the rates of risk allocations between MAPPA areas provide valuable insights and raise new questions about the way in which RSOs are managed nationally and are thus worthy of further exploration.

/pdf/trends-in-the-management-of-registered-sexual-offenders-157ui2mg0j.pdf

Trends in the management of registered sexual offenders across England and Wales: a geographical approach to the study of sexual offending

This article discusses the relationships and tensions between the sentencing, statutory supervision and legal rehabilitation of lawbreakers under UK legislation. It does so with reference to both the Rehabilitation of Offenders Act 1974, which allows some criminal records to become ‘spent’ after a set period of time, and the Offender Rehabilitation Act 2014, which was designed to significantly expand statutory supervision arrangements. The article also demonstrates how, post-supervision, many former lawbreakers are cast into a state of ‘civic purgatory’, before suggesting that a more fully integrated approach to rehabilitation is required.

/pdf/mind-the-gap-sentencing-rehabilitation-and-civic-purgatory-2l576aeq4f.pdf

Mind the gap: sentencing, rehabilitation and civic purgatory

In this chapter I offer an alternative perspective to the themes of ‘dying’, ‘loss’ and bereavement’ within criminal justice and explore the relationships which exist between social practices of punishment and the status or positioning of former lawbreakers who have been punished . First, I provide a brief history of punishments in England whose object was to bring about not only the literal death of the condemned person but also their ‘civil death’. Second, I connect these historical practices of juridical ‘othering’ to the ‘pains of criminalisation’ which exist in the present. These, I argue, are manifestations of ‘social death’ which are experienced by people with convictions due to the stigma of having a criminal record. Drawing on Erving Goffman, I then suggest that this ‘mortification of the self’ disrupts pre-and post-conviction social identity in ways which require us to develop wider conceptions of ‘loss’ and ‘bereavement’ in criminal justice research.

Andrew Henley

Papers

“Victims” versus “offenders” in British political discourse: the construction of a false dichotomy

Disparities in public protection measures against sexual offending in England and Wales: An example of preventative injustice?:

Trends in the management of registered sexual offenders across England and Wales: a geographical approach to the study of sexual offending

Mind the gap: sentencing, rehabilitation and civic purgatory

Civil and social death: criminal background and the loss of the self