'This in an outstanding... contribution to the prisons literature. It serves as an important piece of history, but more important, as a fully sociological and original analysis of strategies of coping, management, control and resistance.' -Alison Leibling, British Journal of Criminology, Vol. 42/3,This book offers an analysis of paramilitary imprisonment in Northern Ireland, in particular the thirty year struggle concerning the prisoners' assertion of their political status. Based upon interviews with former prisoners and staff, this book locates that experience within the broader literature on imprisonment. Four forms of prisoner resistance are examined including dirty protest and hunger strike; violence, destruction, and intimidation; escape; and resorts to the law. In addition three models of prison management are developed including reactive containment, criminalization, and managerialism. Finally the book considers the release of paramilitary prisoners and its relevance to the conflict resolution process in Northern Ireland.
Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."
This collection, from a range of leading international scholars, looks at penal practice in a variety of different European countries. Noting particularities as well as similarities, such as the overuse of imprisonment and the use of harsher sanctions against the poor, this book questions how we justify and deliver punishment in Europe.
This brilliantly innovative synthesis of narrative and analysis illuminates how British colonialism shaped the formation and political cultures of what became Northern Ireland and the Irish Free State. A Treatise on Northern Ireland, Volume I provides a somber and compelling comparative audit of the scale of recent conflict in Northern Ireland and explains its historical origins. Contrasting colonial and sectarianized accounts of modern Irish history, Brendan O'Leary shows that a judicious meld of these perspectives provides a properly political account of direct and indirect rule, and of administrative and settler colonialism. The British state incorporated Ulster and Ireland into a deeply unequal Union after four re-conquests over two centuries had successively defeated the Ulster Gaels, the Catholic Confederates, the Jacobites, and the United Irishmen—and their respective European allies. Founded as a union of Protestants in Great Britain and Ireland, rather than of the British and the Irish nations, the colonial and sectarian Union was infamously punctured in the catastrophe of the Great Famine. The subsequent mobilization of Irish nationalists and Ulster unionists, and two republican insurrections amid the cataclysm and aftermath of World War I, brought the now partly democratized Union to an unexpected end, aside from a shrunken rump of British authority, baptized as Northern Ireland. Home rule would be granted to those who had claimed not to want it, after having been refused to those who had ardently sought it. The failure of possible federal reconstructions of the Union and the fateful partition of the island are explained, and systematically compared with other British colonial partitions. Northern Ireland was invented, in accordance with British interests, to resolve the 'hereditary animosities' between the descendants of Irish natives and British settlers in Ireland. In the long run, the invention proved unfit for purpose. Indispensable for explaining contemporary institutions and mentalities, this volume clears the path for the intelligent reader determined to understand contemporary Northern Ireland.
The second edition of the Handbook on Prisons provides a completely revised and updated collection of essays on a wide range of topics concerning prisons and imprisonment. Bringing together three of the leading prison scholars in the UK as editors, this new volume builds on the success of the first edition and reveals the range and depth of prison scholarship around the world. The Handbook contains chapters written not only by those who have established and developed prison research, but also features contributions from ex-prisoners, prison governors and ex-governors, prison inspectors and others who have worked with prisoners in a wide range of professional capacities. This second edition includes several completely new chapters on topics as diverse as prison design, technology in prisons, the high security estate, therapeutic communities, prisons and desistance, supermax and solitary confinement, plus a brand new section on international perspectives. The Handbook aims to convey the reality of imprisonment, and to reflect the main issues and debates surrounding prisons and prisoners, while also providing novel ways of thinking about familiar penal problems and enhancing our theoretical understanding of imprisonment. The Handbook on Prisons, Second edition is a key text for students taking courses in prisons, penology, criminal justice, criminology and related subjects, and is also an essential reference for academics and practitioners working in the prison service, or in related agencies, who need up-to-date knowledge of thinking on prisons and imprisonment.
Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".
This book constitutes a critical case study of the modern search for public sector reform. It includes a detailed account of a study aimed at developing a meaningful way of evaluating difficult-to-measure moral dimensions of the quality of prisons. Penal practices, values, and sensibilities have undergone important transformations over the period 1990-2003. Part of this transformation included a serious flirtation with a liberal penal project that went wrong. A significant factor in this unfortunate turn of events was a lack of clarity, by those working in and managing prisons, about important terms such as 'justice', 'liberal', and 'care', and how they might apply to daily penal life. Official measures of the prison seem to lack relevance to many who live and work in prison and to their critics. The author proposes that a truer test of the quality of prison life is what staff and prisoners have to say about those aspects of prison life that 'matter most': relationships, fairness, order, and the quality of their treatment. The book attempts a detailed analysis and measurement of these dimensions in five prisons. It finds significant differences between establishments in these areas of prison life, and some departures from the official vision of the prison supported by the performance framework. The information revolution has generated unprecedented levels of knowledge about individual prisons, as well as providing a management reach into establishments from adistance, and a capacity for 'chronic revision', that was unimaginable fifty years ago. Another major transformation - the modernisation project - brought with it a new, but flawed, 'craft' of performance monitoring and measurement aimed at solving some of the problems of prison management. This book explores the arrival and the impact of this concept of performance and the links apparently forged between managerialism and moral values.
This is the substantially updated and revised third edition of the highly acclaimed Handbook of Criminology. It is the most comprehensible and authoritative single volume guide to the subject; combining masterly reviews of all the key topics with extensive references to aid further research. In addition to the history of the discipline and reviews of different theoretical perspectives, the book provides up-to-date reviews of such diverse topics as crime statistics, the criminal justice process, race and gender and the media and crime. It is essential reading for all teachers and students of criminology and an indispensable source book for professionals.