The penal system : an introduction

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