Partial Justice

Women, Prisons and Social Control

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Author: Nicole Rafter

Publisher: Routledge

ISBN: 1351500791

Category: Social Science

Page: 322

View: 1429

Contemporary Research on crime, prisons, and social control has largely ignored women. Partial Justice, the only full-scale study of the origins and development of women's prisons in the United States, traces their evolution from the late eighteenth century to the present day. It shows that the character of penal treatment was involved in the very definition of womanhood for incarcerated women, a definition that varied by race and social class. Rafter traces the evolution of women's prisons, showing that it followed two markedly different models. Custodial institutions for women literally grew out of men's penitentiaries, starting from a separate room for women. Eventually women were housed in their own separate facilities-a development that ironically inaugurated a continuing history of inmate neglect. Then, later in the nineteenth century, women convicted of milder offenses, such as morals charges, were placed into a new kind of institution. The reformatory was a result of middle-class reform movements, and it attempted to rehabilitate to a degree unknown in men's prisons. Tracing regional and racial variations in these two branches of institutions over time, Rafter finds that the criminal justice system has historically meted out partial justice to female inmates. Women have benefited in neither case. Partial Justice draws in first-hand accounts, legislative documents, reports by investigatory commissions, and most importantly, the records of over 4,600 female prisoners taken from the original registers of five institutions. This second edition includes two new chapters that bring the story into the present day and discusses measures now being used to challenge the partial justice women have historically experienced.

Partial Justice

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Author: Petra T. Shattuck,Jill Norgren

Publisher: Berg Publishers

ISBN: 9780854963423

Category: History

Page: 256

View: 7179

Should the law be praised or cursed for what it has done to the American Indian? Using American legal history, politics and jurisprudence, this study considers the degree to which American courts have maintained their autonomy and withstood political pressure, when the sovereignty and property rights of Native American tribes were at issue. In 1879, a chief of the Ponca tribe, when released from military custody by an order of a U.S. district court, pronounced the use of law "a better way" to redress Indian grievances. This study explores the development of legal doctrine affecting Native American tribes by courts and commissions in the United States beginning with seminal court cases of the early 19th century and continuing through to the 1980's. Whether the law ever was a better way for Native Americans is a question of fundamental importance not only with regard to the rights - or even the survival - of American Indian tribes but also with respect to the claim of the American legal system to be equally fair and just to all groups in society regardless of their economic and political power.

Partial Justice

Women in State Prisons, 1800-1935

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Author: Nicole Hahn Rafter

Publisher: N.A

ISBN: N.A

Category: Social Science

Page: 269

View: 8908

Michigan Justice's Guide

Being a Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace, Written Expressly for the State of Michigan, and Adapted to the Last Revision of the Statutes, and to the Amendments of 1847 and 1948, Containing Directions and Practical Forms for Every Case which Can Arise Before a Justice, Under the Statutes

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Author: Joshua Waterman

Publisher: N.A

ISBN: N.A

Category: Civil procedure

Page: 615

View: 3537

The Paraphrase of an Anonymous Greek Writer

(hitherto Published Under the Name of Andronicus Rhodius) on the Nicomachean Ethics of Aristotle. Tr. from the Greek by William Bridgman...

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Author: Andronicus (of Rhodes.),Andronicus Callistus,Helidorus (of Prusa.)

Publisher: N.A

ISBN: N.A

Category:

Page: 478

View: 3677

Inner Lives

Voices of African American Women In Prison

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Author: Paula Johnson

Publisher: NYU Press

ISBN: 0814743854

Category: Law

Page: 356

View: 9147

The rate of women entering prison has increased nearly 400 percent since 1980, with African American women constituting the largest percentage of this population. However, despite their extremely disproportional representation in correctional institutions, little attention has been paid to their experiences within the criminal justice system. Inner Lives provides readers the rare opportunity to intimately connect with African American women prisoners. By presenting the women's stories in their own voices, Paula C. Johnson captures the reality of those who are in the system, and those who are working to help them. Johnson offers a nuanced and compelling portrait of this fastest-growing prison population by blending legal history, ethnography, sociology, and criminology. These striking and vivid narratives are accompanied by equally compelling arguments by Johnson on how to reform our nation's laws and social policies, in order to eradicate existing inequalities. Her thorough and insightful analysis of the historical and legal background of contemporary criminal law doctrine, sentencing theories, and correctional policies sets the stage for understanding the current system.

Transitional Justice

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Author: Ruti G. Teitel

Publisher: Oxford University Press

ISBN: 019988224X

Category: Political Science

Page: 404

View: 3701

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

The Key to Justice

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Author: Dennis L. Carstens

Publisher: N.A

ISBN: 9781481130868

Category: Minneapolis (Minn.)

Page: 426

View: 406

A serial killer is on the loose in Minneapolis and the head of the investigation, Minneapolis police Lt. Jake Waschke, is feeling the pressure to find him. To make matters worse, the killer strikes again, this time across the river in St. Paul, and his victim is the daughter of a prominent politician. Just when the investigation seems to be going nowhere, the police catch a break when the killer strikes yet again, except this time there is a witness who gets the police, including Jake Waschke chasing the killer through the streets of Minneapolis. During the chase Jake gets a good look at him and realizes his problems are only beginning when he recognizes the man and realizes he must do whatever is necessary to protect him. A patsy is found and an arrest is made. The patsy's fate is placed in the hands of criminal defense lawyer, Marc Kadella, when the brother of the accused turns out to be a former client of Marc's. The case has heat and publicity far beyond anything Marc has ever dealt with and he tries to beg off. He knows he is over his head with a case of this magnitude and also realizes it could destroy his practice and drive him into bankruptcy. The brother convinces Marc to take the case playing on their past relationship, guaranteeing payment of his fees and Marc's own belief that the man is innocent. As the case progresses, Marc, aided in the investigation by a stunningly beautiful private investigator, becomes more and more convinced his client is being framed. But, unless he can uncover who is framing him and, more importantly, why, an innocent man is going to take a very serious fall, Marc will be helpless to prevent it. The Key to Justice is a work of fiction that the author undertook to give a more realistic view of the practice of law and what a lawyer goes through than is usually found in most legal thrillers. It is not an easy way to make a living but it can be very rewarding though not always easy on the soul and the lawyer's private life. Whether the lawyer practices on his or her own, in a small firm or, maybe especially, a large firm to which you almost become enslaved, though well compensated, it can be a demanding, all-consuming, pressure-filled way to make a living.

Restorative Justice and Criminal Justice

Competing or Reconcilable Paradigms

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Author: Andreas von Hirsch,Julian V Roberts,Anthony E Bottoms,Kent Roach,Mara Schiff

Publisher: Bloomsbury Publishing

ISBN: 1847311296

Category: Law

Page: 360

View: 8414

Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of criminal justice. This volume, containing contributions from scholars of international renown, provides an analytic exploration of Restorative Justice and its potential advantages and disadvantages. Chapters of the book examine the aims and limiting principles that should govern Restorative Justice, its appropriate scope of application, its social and legal contexts, its practice and impact in a number of jurisdictions and its relation to more traditional criminal-justice conceptions. These questions are addressed by twenty distinguished criminologists and legal scholars in papers which make up this volume. These contributions will help clarify the aims that Restorative Justice might reasonably hope to achieve, the limits that should apply in pursuing these aims, and how restorative strategies might comport with, or replace, other penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms, John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach, Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland, Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode Walgrave, Richard Young.

Interracial Justice

Conflict and Reconciliation in Post–Civil Rights America

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Author: Eric K. Yamamoto

Publisher: NYU Press

ISBN: 0814729452

Category: Law

Page: 352

View: 5424

The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change in the ways we as a nation think about race relations, identity, and racial justice. Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for acknowledgment of ways communities of color sometimes clash, and their struggles to heal the resulting wounds and forge strong alliances. Melding race history, legal theory, theology, social psychology, and anecdotes, Eric K. Yamamoto offers a fresh look at race and responsibility. He tells tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. He also paints a fascinating picture of South Africa's controversial Truth and Reconciliation Commission as well as a pathbreaking Asian American apology to Native Hawaiians for complicity in their oppression. An incisive and original work by a highly respected scholar, Interracial Justice greatly advances our understanding of conflict and healing through justice in multiracial America.

Colored Amazons

Crime, Violence, and Black Women in the City of Brotherly Love, 1880–1910

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Author: Kali N. Gross

Publisher: Duke University Press

ISBN: 9780822337997

Category: History

Page: 260

View: 2370

For the state, black female crime and its representations effectively galvanized and justified a host of urban reform initiatives that reaffirmed white, middle-class authority."--Jacket.

Giving Desert Its Due

Social Justice and Legal Theory

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Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

ISBN: 9401577064

Category: Philosophy

Page: 329

View: 9212

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.

Taming Passion for the Public Good

Policing Sex in the Early Republic

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Author: Mark E. Kann

Publisher: NYU Press

ISBN: 0814764673

Category: History

Page: 248

View: 7835

“Kann's latest tour de force explores the ambivalence, during the founding of our nation, about whether political freedom should augur sexual freedom. Tracing the roots of patriarchal sexual repression back to revolutionary America, Kann asks highly contemporary questions about the boundaries between public and private life, suggesting, provocatively, that political and sexual freedom should go hand in hand. This is a must-read for those interested in the interwining of politics, public life, and sexuality.”—Ben Agger, University of Texas at Arlington The American Revolution was fought in the name of liberty. In popular imagination, the Revolution stands for the triumph of populism and the death of patriarchal elites. But this is not the case, argues Mark E. Kann. Rather, in the aftermath of the Revolution, America developed a society and system of laws that kept patriarchal authority alive and well—especially when it came to the sex lives of citizens. In Taming Passion for the Public Good, Kann contends that that despite the rhetoric of classical liberalism, the founding generation did not trust ordinary citizens with extensive liberty. Through the policing of sex, elites sought to maintain control of individuals' private lives, ensuring that citizens would be productive, moral, and orderly in the new nation. New American elites applauded traditional marriages in which men were the public face of the family and women managed the home. They frowned on interracial and interclass sexual unions. They saw masturbation as evidence of a lack of self-control over one’s passions, and they considered prostitution the result of aggressive female sexuality. Both were punishable offenses. By seeking to police sex, elites were able to keep alive what Kann calls a “resilient patriarchy.” Under the guise of paternalism, they were able simultaneously to retain social control while espousing liberal principles, with the goal of ultimately molding the country into the new American ideal: a moral and orderly citizenry that voluntarily did what was best for the public good.