PrefaceCompanion WebsiteIntroductionThe Criminal Justice SystemThe Penal Crisis and Strategies for Criminal JusticeNotes on Terminology: Punishment and SystemCrisis? 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 AccountImproving on the Orthadox Account The Crisis of Penological Resources The Crisis of Visibility The Crisis of LegitimacyResponses to the CrisisA Radical Pluralist Account of the CrisisJustifying PunishmentIs Punishment Unjust?Reductivism Deterrence Incapacitation ReformJust Deserts: Retributivism and Denunciation Retributivism DenunciationRestorative JusticeSchools 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 AttitudesConclusions: Punishment and Human RightsExplaining PunishmentThe Sociology of PunishmentThe 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. ThompsomThe Durkheimian TraditionThe Weberian TraditionPluralism and Radical PluralismApplying Penal Sociology The New Penology and The New Punitiveness Comparative Penology and the New PunitivenessSentencing: The Crux of the CrisisThe Crux of the CrisisWho 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 SentencingA 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 DawnA Rational Approach?Punishment in the CommunityCommunity Punishment in a Rapidly Changing Penal LandscapeNon-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 PenaltiesCommunity 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 PrivatizationShifting Patterns of Penality: Theoretical Reflections Sculls Decarceration Thesis Cohen and Mathiesen: the Dispersal of Discipline Thesis Bottoms Juridical Revival ThesisConclusion: The Future of Punishment?Prisons and the Penal CrisisOverviewThe Aims and Functions of Imprisonment Official Aims of Imprisonment Social Functions of ImprisonmentThe Prison System The Prisons and the Prisoners Privatization The Debate Around Prison Privatization Privatization and the Crisis of ResourcesKey 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 itEarly Release: The Penal Systems Safety ValveEarly Release: Useful, Controversial, TroublesomeHistory 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 EvaluatedThe Youth Justice SystemYoung People, Crime and the Penal CrisisResponding to Youth Crime: Models of Youth Justice The Welfare Model The Justice Model Minimum Intervention and Systems Management The Restorative Justice Model Neo-CorrectionalismNeo-Correctional Youth Justice, 1997 Responding to Youth Crime: the Youth Justice System in OperationConcluding Assessment: No More Excuses?Bias in the Criminal Justice SystemIntroductoryClassRaceGenderSolving the Crisis?A Grim Fairy TaleResponses 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 OnwardsHow to Solve the Crisis Approaches to the Penal Crisis Measures to Solve the Crisis The ProspectsGlossary of Key TermsReferencesIndex.
The Penal System : An Introduction