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

Harvard Civil Rights: Civil Liberties Law Review

Textbooks play a paramount role in Western education in general and social work education in particular. They are a major conveyor of the curriculum and are found in almost every classroom and, for better or worse, dominate what students learn. This article reports the results of a content analysis carried out on the coverage and treatment of feminist, anti-racist and radical social work scholarship in a sample of fourteen American introductory textbooks published between 1988 and 1997. Agger's “Critical Theory of Text” was used as the theoretical framework for this study. It holds that social science textbooks play a political role by serving as delivery systems for assumptions about the social world that largely reflect the interests of capitalism and patriarchy. The results of this study are consistent with Agger's theory. It was found that feminist, anti-racist and radical social work scholarship received scant attention and that, for the most part, when they were present they tended to be di...

The Politics of the Textbook: A Content Analysis of the Coverage and Treatment of Feminist, Radical and Anti-Racist Social Work Scholarship in American Introductory Social Work Textbooks Published Between 1988 and 1997

During the past few decades, punitive crime policies have led to explosive growth in the United States prison population. Such policies have contributed to unprecedented incarceration rates for Blacks in particular. In this article, we consider an unexamined relationship between racial disparities and policy reform. Rather than treating racial disparities as an outcome to be measured, we exposed people to real and extreme racial disparities and observed how this drove their support for harsh criminal-justice policies. In two experiments, we manipulated the racial composition of prisons: When the penal institution was represented as "more Black," people were more concerned about crime and expressed greater acceptance of punitive policies than when the penal institution was represented as "less Black." Exposure to extreme racial disparities, then, can lead people to support the very policies that produce those disparities, thus perpetuating a vicious cycle.

https://journals.sagepub.com/doi/pdf/10.1177/0956797614540307

Racial Disparities in Incarceration Increase Acceptance of Punitive Policies

De-policing and crime in the wake of Ferguson: Racialized changes in the quantity and quality of policing among Missouri police departments

A content analysis of police civil liability cases: Decisions of the Federal District Courts, 1978–1990

Texas mandates 40 hours of law enforcement management and leadership training biannually for police chiefs. To implement this requirement, from October 1997 to August 1999, the Law Enforcement Management Institute of Texas held 22 statewide training classes. During the training, we administered a survey on legal liabilities in law enforcement, in which 808 usable surveys were completed. Amassing the largest data set on legal liabilities in law enforcement, this article reports results from that survey and documents the chiefs' perceptions of the prevalence of civil litigation, fear of litigation, type of suits filed by members of the public as well as by their own officers, and issues surrounding settlements, policy and procedure changes, training, indemnification, and lawsuit prevention. The article concludes that nationwide systematic data collection should be undertaken on legal liabilities in law enforcement so the public becomes better informed about this important aspect of police work.

Assessing Legal Liabilities in Law Enforcement: Police Chiefs' Views

This article informs the reader about legal research, compares it with other forms of social science research, and ultimately argues for the respect it is due, contending that law is at the core to a complete understanding of criminal justice and criminology. While research has a strong positivistic focus, legal scholarship has often set the foundational aspects of much in the field of criminal justice. The discipline is changing rapidly, however, with mixed methods research combining both qualitative and quantitative analysis, including legal issues in criminal justice. The article maintains that: (1) law research and social science research methodologically are not mutually exclusive; (2) legal research has made significant contributions to criminal justice and is not peripheral to quantitative research; and (3) legal research will and should continue to effectively contribute to the advancement of scholarship in criminal justice.

Toward a New Methodology for Legal Research in Criminal Justice

This article presents a national survey that assesses the policies of correctional institutions regarding staff and inmate exposure to secondary tobacco smoke. Correctional administrators from the 50 states were queried about smoking problems in prisons, focusing on disputes among inmates, among staff, and between staff and inmates. The respondents identified nonsmoking areas in their facilities and listed the various administrative responses used to alleviate the problem. The article compares the opinions of administrators on the impact of a policy that restricts or bans smoking with case studies of institutions that have already banned smoking, and concludes that more research is needed to determine the relative pros and cons of restricting or banning smoking in prisons.

Research Note: Smoking in Prisons—A National Survey of Correctional Administrators in the United States

This article focuses on civil liabilities imposed on prison officials for inmate-by-inmate assault in correctional facilities After briefly discussing the statistical frequency of inmate-by-inmate assault, the article examines Farmer v Brennan, a case on inmate-by-inmate assault decided in 1994 by the US Supreme Court Through an analysis of 96 pre-Farmer cases on inmate assault decided in the US circuit courts of appeals, the article outlines the parameters under which officials might be held liable in post-Farmer litigation The article concludes that the circumstances and situations under which prison officials are liable will not sufficiently change because the realities of judicial decision making may make it difficult for individual judges to distinguish between pre-Farmer and post-Farmer standards

Rolando V. del Carmen

Papers

A content analysis of police civil liability cases: Decisions of the Federal District Courts, 1978–1990

Assessing Legal Liabilities in Law Enforcement: Police Chiefs' Views

Toward a New Methodology for Legal Research in Criminal Justice

Research Note: Smoking in Prisons—A National Survey of Correctional Administrators in the United States

Civil Liability Against Prison Officials for Inmate-On-Inmate Assault: Where are We and Where Have We Been?: