Women and punishment: the struggle for justice by Pat Carlen, Lord Ramsbotham

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By Pat Carlen, Lord Ramsbotham

Within the final decade there was becoming foreign predicament in regards to the expanding numbers of ladies in criminal, the consequences that imprisonment has on their kids, the realisation that gaoled girls have diverse felony profiles and rehabilitative must male prisoners, and the seeming intractability of the linked difficulties. In reaction there was an overarching coverage quandary in lots of international locations to type and co-ordinate gender-specific regulations in the direction of lady offenders which target either to decelerate the speed in their offending and/or imprisonment, and likewise to engender versatile programmes so as to decrease the time spent in custody and/or clear of their childrens. the foremost goal of this publication is to explain and examine modern possibilities for, and limitations to, either the aid of girl criminal populations and the relief of the discomfort of these ladies who stay imprisoned. It assesses crucial fresh makes an attempt to lessen either women's imprisonment and the wear it does, picking and examining cross-jurisdiction and gender-specific classes to be discovered, and the unforeseen results of a few of the reform ideas. This booklet brings jointly prime students and practitioners within the box, delivering a critique of the reform tasks that have taken position, and a much-needed theorization of cross-national coverage during this quarter. will probably be crucial studying for all with an curiosity in prisons and criminal reform.

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Secondly, while prisons exist … such a good can only be pursued if campaigners continue to engage in democratic discussion with prisoners, prison staff, prison administrators and opinion leaders. Thirdly, it is essential to keep open to public view the inner workings of the whole carceral machinery, so that its endemic secrecy can be held in check, and its chronic tendency to periodic reversion from progressive to retrogressive practices constantly monitored. The purpose of giving full recognition to the political conditions which may atrophy the radically progressive potential of new penal initiative is not to enable campaigners to take refuge in a ‘nothing works’ nihilism.

It is this past orientation that most significantly divides retributivism from future-oriented consequentialist theories (Von Hirsch 1986). The 1991 Criminal Justice Act established a bifurcated, or twin-track, system of punishment. Most offence types were allocated to the proportionality track, where penalties were to be in proportion to the offence committed, and a small number of offence types were to be on a ‘risk’ track, where considerations of risk to the public could allow the imposition of a penalty higher than that dictated by proportionality.

According to Halliday, sentencers should be given discretion to impose community penalties instead of short custodial sentences, but they are by no means required to do so. Persistent property offending is the crime pattern typical of the impoverished, addicted, deprived and depressed ‘identikit’ female offender, and the new sentencing framework makes her more vulnerable to imprisonment than ever before. Equality and risk Equality is the other core principle of 1980s desert penal thinking that deserves continuing support.

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