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

Preface (1999) Preface (1990) 1. Subjects of Sex/Gender/Desire I. 'Women' as the Subject of Feminism II. The Compulsory Order of Sex/Gender/Desire III. Gender: The Circular Ruins of Contemporary Debate IV. Theorizing the Binary, the Unitary and Beyond V. Identity, Sex and the Metaphysics of Substance VI. Language, Power and the Strategies of Displacement 2. Prohibition, Psychoanalysis, and the Production of the Heterosexual Matrix I. Structuralism's Critical Exchange II. Lacan, Riviere, and the Strategies of Masquerade III. Freud and the Melancholia of Gender IV. Gender Complexity and the Limits of Identification V. Reformulating Prohibition as Power 3. Subversive Bodily Acts I. The Body Politics of Julia Kristeva II. Foucault, Herculine, and the Politics of Sexual Discontinuity III. Monique Wittig - Bodily Disintegration and Fictive Sex IV. Bodily Inscriptions, Performative Subversions Conclusion - From Parody to Politics

Postmodern Subjects, Postmodern BodiesThinking Fragments: Psychoanalysis, Feminism, and Postmodernism in the Contemporary WestYearning: Race, Gender, and Cultural PoliticsGender Trouble: Feminism and the Subversion of Identity

In an influential article published in the British Journal of Social Work in 1979, Anthony Bottoms and Bill McWilliams proposed the adoption of a ‘non-treatment paradigm’ for probation practice. Their argument rested on a careful and considered analysis not only of empirical evidence about the ineffectiveness of rehabilitative treatment but also of theoretical, moral and philosophical questions about such interventions. By 1994, emerging evidence about the potential effectiveness of some intervention programmes was sufficient to lead Peter Raynor and Maurice Vanstone to suggest significant revisions to the ‘non-treatment paradigm’. In this article, it is argued that a different but equally relevant form of empirical evidence—that derived from desistance studies—suggests a need to re-evaluate these earlier paradigms for probation practice. This reevaluation is also required by the way that such studies enable us to understand and theorize both desistance itself and the role that penal professionals might p...

/pdf/a-desistance-paradigm-for-offender-management-3g7dmwma4z.pdf

A desistance paradigm for offender management

The sociology of housework.

Community notification, known as "Megan's Law," provides the public with information about known sex offenders in an effort to assist parents and potential victims to protect themselves from dangerous predators. The purpose of this study was to explore the impact of community notification on the lives of registered sex offenders. Two hundred and thirty-nine sex offenders in Connecticut and Indiana were surveyed. The negative consequences that occurred with the greatest frequency included job loss, threats and harassment, property damage, and suffering of household members. A minority of sex offenders reported housing disruption or physical violence following community notification. The majority experienced psychosocial distress such as depression, shame, and hopelessness. Recommendations are made for community notification policies that rely on empirically derived risk assessment classification systems in order to better inform the public about sex offenders' danger while minimizing the obstacles that interfere with successful community reintegration.

/pdf/megan-s-law-and-its-impact-on-community-re-entry-for-sex-1rii7crmxg.pdf

Megan's Law and its impact on community re-entry for sex offenders.

This article reports on the findings of a small-scale Scottish study which drew on participant perspectives to explore the attention given to probationers’ social contexts in supporting desistance ...

Probation, social context and desistance: Retracing the relationship:

This article aims to set current developments in `offender management' services in England and Wales and in Scotland within the contexts first of a discussion of Bauman's analysis of crime and punishment in consumer society and second of wider debates about the commodification of public services. Rather than examining the formal commodification of offender management through organizational restructuring, `contestability' and marketization, the authors examine the extent to which the substantive commodification of offender management is already evidenced in the way that probation's products, consumers and processes of production have been reconfigured within the public sector. In the concluding discussion, they consider both some limitations on the extent of commodification to date and the prospects for the containment or moderation of the process in the future.

/pdf/consumer-society-commodification-and-offender-management-11dpn0l3fm.pdf

Consumer society, commodification and offender management

The pursuit of effectiveness in the treatment and management of offenders 
has been one of the few observed continuities throughout the history of penal 
policy and practice. Over the last two decades this pursuit has centred on 
the question of ‘what works in reducing reoffending?’ – a perhaps inevitable 
consequence of spiralling prison numbers and costs, politically unacceptable 
reoffending rates, emerging transatlantic research evidence and, perhaps 
most notably, an increasingly politicised public policy arena. More recently, 
it might be argued that the agenda has moved on somewhat, currently 
turning on the question of ‘what works in offender management?’ While it 
needs to be acknowledged that the rise of ‘offender management’ as a bold 
new headline for probation services has resulted, yet again, in a signiﬁcant 
shift in emphasis – i.e. towards the creation of ‘new and improved’ structural 
arrangements and increasingly standardised technologies of control – there 
is much evidence to suggest that the increasingly elusive goal of reducing 
reoffending remains central to current concerns (Blunkett 2004; Carter 2004; 
Home Ofﬁce 2004, 2005).

Desistance-focused approaches

This article explores the context and content of behaviour change interventions with sex offenders, giving attention to the contemporary climate, evolving theoretical frameworks and practice realit...

Working with sex offenders in context: Which way forward?:

This article is about the place of those sentenced in criminal justice sanctions. Specifically, it reports on the findings of a co-productive qualitative inquiry that sought to explore the place an...

/pdf/co-producing-justice-sanctions-citizen-perspectives-253m9zq5wi.pdf

Trish McCulloch

Papers

Probation, social context and desistance: Retracing the relationship:

Consumer society, commodification and offender management

Desistance-focused approaches

Working with sex offenders in context: Which way forward?:

Co-producing justice sanctions? Citizen perspectives