Table of contents
Preface;
Companion Website;
Introduction;
The Criminal Justice System;
The Penal Crisis and Strategies for Criminal Justice;
Notes on Terminology: 'Punishment' and 'System';
Crisis? What Crisis?;
Is there a Crisis?;
The Orthadox Account of the Crisis;
The High Prison Population (The Numbers Crisis);
Overcrowding;
Bad Conditions;
Understaffing;
Staff Unrest;
'Toxic Mix' of Prisoners;
Riots and Disorder;
Criticisms of the Orthodox Account;
Improving on the Orthadox Account;
The Crisis of Penological Resources;
The Crisis of Visibility;
The Crisis of Legitimacy;
Responses to the Crisis;
A Radical Pluralist Account of the Crisis;
Justifying Punishment;
Is Punishment Unjust?;
Reductivism;
Deterrence;
Incapacitation;
Reform;
Just Deserts: Retributivism and Denunciation;
Retributivism;
Denunciation;
Restorative Justice;
Schools of Penal Thought;
The Classical School: Deterrence and the Tariff;
Bentham and Neo-Classicism: Deterrence and Reform;
Positivism: The Rehabilitative Ideal;
The Justice Model: Just Deserts and Due Process;
From Just Deserts to the New Punitiveness - and Beyond?;
Philosophies, Strategies and Attitudes;
Conclusions: Punishment and Human Rights;
Explaining Punishment;
The Sociology of Punishment;
The Marxist Tradition;
Economic Determinism: Rusche and Kirchheimer;
Ideology and Hegemony: The Legacy of Gramsci;
Structuralist Marxism and Althusser;
Post-Structuralism, Discipline and Power: Michel Foucault;
Humanistic Materialism: The Case of E. P. Thompsom;
The Durkheimian Tradition;
The Weberian Tradition;
Pluralism and Radical Pluralism;
Applying Penal Sociology;
The New Penology and The New Punitiveness;
Comparative Penology and the New Punitiveness;
Sentencing: The Crux of the Crisis;
The Crux of the Crisis;
Who Are the Sentencers?;
Constraints on the Powers of Sentencers;
Judical Independence and Traditional English Sentencing;
Confining Discretion;
Checking Discretion: Appeals;
Structuring Discretion: Principles and Guidelines;
The Current Legal Framework of Sentencing;
A Brief, Tangled Recent History of Sentencing;
1991: From the Strategy of Encouragement to Just Deserts;
1992-97: The Law and Order Counter-Reformation;
New Labour, Mixed Messages;
Coalition False Dawn;
A Rational Approach?
Punishment in the Community;
Community Punishment in a Rapidly Changing Penal Landscape;
Non-Custodial Punishment: the Current Sentencing Framework;
Nominal and Warning Penalties;
Financial Penalties;
Compensatory Penalties;
Reparative Penalties and Restorative Justice Approaches;
Supervisory Penalties and the Changing Role of the Probation Service;
Community Payback (Community Service or Unpaid Work);
Surveillance and Restrictions on Movement: Curfews and Electronic Monitoring;
'Hybrid Penalties';
Community Punishment: Strategic Issues;
Changing Penal Strategies and their Impact on the Use of Imprisonment and Community Punishment;
Enforcement of Community Sentences: Sticks or Carrots?;
'Sentence Management' and the Changing Role of the Judiciary;
Effectiveness of Community Sentences;
Contestability and Privatization;
Shifting Patterns of Penality: Theoretical Reflections;
Scull's 'Decarceration' Thesis;
Cohen and Mathiesen: the 'Dispersal of Discipline' Thesis;
Bottoms' 'Juridical Revival' Thesis;
Conclusion: The Future of Punishment?;
Prisons and the Penal Crisis;
Overview;
The Aims and Functions of Imprisonment;
Official Aims of Imprisonment;
Social Functions of Imprisonment;
The Prison System;
The Prisons and the Prisoners;
Privatization;
The Debate Around Prison Privatization;
Privatization and the Crisis of Resources;
Key Phases in Recent Prison Policy-Making;
1995-1999: The Security and Control Agenda - Post-Woolf Backlash;
1999-2002: 'Decency Agenda' and 'Effectiveness Credo' - The Quest for a Balanced Approach;
2002-2006: Keeping the Lid On - Pragmatism Reasserts Itself;
2006-2012: Where do we go From Here?;
The Prison System and its Crises;
The Managerial Crisis;
The Crises of Containment and Security;
The Prison Numbers Crisis and the Problem of Overcrowding;
The Crisis of Conditions;
The Crises of Control and Authority;
The Crisis of Accountability;
The Crisis of Legitimacy and How to Tackle it;
Early Release: The Penal System's Safety Valve;
Early Release: Useful, Controversial, Troublesome;
History of Early Release;
From Remission to Automatic Early Release;
Parole (Discretionary Early Release);
Early Release Today;
Fixed-term (Determinate) Sentences;
Extended Sentences (Extended Determinate Sentences);
Life Imprisonment and Imprisonment for Public Protection;
The Parole Board;
Conclusion: Early Release Evaluated;
The Youth Justice System;
Young People, Crime and the Penal Crisis;
Responding to Youth Crime: Models of Youth Justice;
The Welfare Model;
The Justice Model;
Minimum Intervention and Systems Management;
The Restorative Justice Model;
Neo-Correctionalism;
Neo-Correctional Youth Justice, 1997;
Responding to Youth Crime: the Youth Justice System in Operation;
Concluding Assessment: No More Excuses?;
Bias in the Criminal Justice System;
Introductory;
Class;
Race;
Gender;
Solving the Crisis?;
A Grim Fairy Tale;
Responses to the Crisis, 1970-2006;
From Positivism to Law and Order with Bifurcation: 1970-1987;
Just Deserts and Punishment in the Community: 1987-1992;
Law and Order Reinvigorated: 1993-1997;
'Tough On Crime, Tough On the Causes of Crime': New Labour, 1997-2010;
Coalition False Dawn: 2010 Onwards;
How to Solve the Crisis;
Approaches to the Penal Crisis;
Measures to Solve the Crisis;
The Prospects;
Glossary of Key Terms;
References;
Index