Punishment and Sentencing explores the expanding horizon of punishment. Using a case study approach to bring to life our shifting attitudes to punishment, and its relationship to changing technologies and programs of control, the text identifies the key concepts of risk, rehabilitation and restitution to give students an accessible framework for understanding the different approaches taken, in theory and in practice, to sentencing and punishment. The case studies provide applied examples of the distinctive questions that theoretical perspectives pose, summarise the major interpretive themes, and identify the kinds of insights each theory has to offer for the understanding of particular examples of modern penalty.
Part 1: Introduction 1. It’s not just about the prison Colonial Australia: a prison without walls The birth of Australian prisons Australia’s carceral archipelago An‘other’ history of Australian punishment Contemporary alternatives to prison 2. Penological Principles of punishment and sentencing Bentham’s Utilitarianism and the end of transportation Punishment and Reform – Offenders as broken machines Incapacitation Just Deserts and Retribution Managerialism Restorative Justice and communitarianism Other innovations in justice 3. Some Social Perspectives on Punishment and Sentencing Durkheim Critical theory: Marxist, Feminist and Post-colonialism Foucault: Discipline and Punish Risk and governmentality Elias Part 2: Risk 4. Why Megan didn’t make it to Australia: Child Sexual Offences and Community Notification Introduction The problem: Child Sex Offending Responding to Sexual Violence Offences Against Children Australian Responses to Child sex offending Penological principles: The utility of incapacitation? Thinking theoretically: civilising vengeance 5. Terrorism: Risk, retaliation and preventive detention The problem of Terrorism Causes and responses Responding to Terrorism in Australia Penological principles: Pre-emptive prevention Thinking theoretically: Risk and retaliation Part 3: Rehabilitation 6. Drug courts: Clinic or Panopticon? Alternative strategies in the unwinnable ‘war on drugs’ The Australian Alliance Penological principles: Just treatment or preventive punishment Thinking theoretically: The panopticon and beyond 7. ‘Possession is 9/10ths of the law’: Indigenous justice and the decolonisation of punishment Indigenous people in the criminal justice system Indigenous Justice Programs Penological principles: the politics of partnership Thinking Theoretically: The decolonisation of justice? 8. Responding to domestic violence: Special pleas and specialist courts The problem with domestic violence Responding to women as offenders: battered women’s syndrome Responding to women as victims: Domestic violence courts and programs for men Penological principles: Punishment and protection Thinking theoretically: Feminism and its discontents Part 4. Restitution 9. Youth Justice and Group Conferencing: Restoration and Restitution A brief history of responses to young offenders Australia as leader in Restorative Justice and Youth Justice Conferencing Penological principles: Restoration or Restitution Thinking theoretically: YJC as rituals of responsibilisation 10. ‘Hitting hoons where it hurts’: From fines to forfeiture The problem of hooning Penalties for traffic offences Penological principles: deterrence, management and incapacitation Thinking theoretically: Justifying ‘draconian’ penalty 11. The three ‘Rs’ of the penological
Tertiary; University or College
Number Of Pages: 248
Published: 30th November 2009
Publisher: Oxford University Press Australia
Dimensions (cm): 24.7 x 17.1
Weight (kg): 0.49