Punishment and Sentencing uses 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.
OUP Australia and New Zealand
Country of Publication:
Publication Date: 01 February 2015
Format: Electronic book text
Part 1: Introduction 1. It's not just about the prisonColonial Australia: a prison without wallsThe birth of Australian prisonsAustralia's carceral archipelagoAn`other' history of Australian punishmentContemporary alternatives to prison2. Penological Principles of punishment and sentencingBentham's Utilitarianism and the end of transportationPunishment and Reform - Offenders as broken machinesIncapacitationJust Deserts and RetributionManagerialismRestorative Justice and communitarianismOther innovations in justice3. Some Social Perspectives on Punishment and SentencingDurkheimCritical theory: Marxist, Feminist and Post-colonialismFoucault: Discipline and PunishRisk and governmentalityEliasPart 2: Risk 4. Why Megan didn't make it to Australia: Child Sexual Offences and Community NotificationIntroductionThe problem: Child Sex OffendingResponding to Sexual Violence Offences Against ChildrenAustralian Responses to Child sex offendingPenological principles: The utility of incapacitation?Thinking theoretically: civilising vengeance5. Terrorism: Risk, retaliation and preventive detentionThe problem of TerrorismCauses and responsesResponding to Terrorism in AustraliaPenological principles: Pre-emptive preventionThinking theoretically: Risk and retaliationPart 3: Rehabilitation 6. Drug courts: Clinic or Panopticon?Alternative strategies in the unwinnable `war on drugs'The Australian AlliancePenological principles: Just treatment or preventive punishmentThinking theoretically: The panopticon and beyond7. `Possession is 9/10ths of the law': Indigenous justice and the decolonisation of punishment Indigenous people in the criminal justice systemIndigenous Justice ProgramsPenological principles: the politics of partnershipThinking Theoretically: The decolonisation of justice?8. Responding to domestic violence: Special pleas and specialist courtsThe problem with domestic violenceResponding to women as offenders: battered women's syndromeResponding to women as victims: Domestic violence courts and programs for menPenological principles: Punishment and protectionThinking theoretically: Feminism and its discontentsPart 4. Restitution 9. Youth Justice and Group Conferencing: Restoration and RestitutionA brief history of responses to young offendersAustralia as leader in Restorative Justice and Youth Justice ConferencingPenological principles: Restoration or Restitution Thinking theoretically: YJC as rituals of responsibilisation10. `Hitting hoons where it hurts': From fines to forfeitureThe problem of hooningPenalties for traffic offencesPenological principles: deterrence, management and incapacitationThinking theoretically: Justifying `draconian' penalty 11. The three `Rs' of the penological