Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0003
- Subject:
- Sociology, Law, Crime and Deviance
This chapter discusses the early evolution of parole in the United States and its use in modern sentencing practices. Parole is similar to probation in that both refer to the supervision of an ...
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This chapter discusses the early evolution of parole in the United States and its use in modern sentencing practices. Parole is similar to probation in that both refer to the supervision of an offender who lives and works in the community. Offenders on parole, however, have served prison terms and been released to the community under parole supervision. Proponents hoped that abolishing parole would reduce disparities in prison time served, and it has. Proponents also hoped that abolishing parole would tie the hands of parole boards, which were often accused of letting inmates out early. Recent research shows, however, that inmates actually serve longer prison terms in states retaining discretionary parole, and those states' parolees have higher success rates. Retaining discretionary parole may serve to refocus prison staff and corrections staff on planning for release, not just opening the door at release.Less
This chapter discusses the early evolution of parole in the United States and its use in modern sentencing practices. Parole is similar to probation in that both refer to the supervision of an offender who lives and works in the community. Offenders on parole, however, have served prison terms and been released to the community under parole supervision. Proponents hoped that abolishing parole would reduce disparities in prison time served, and it has. Proponents also hoped that abolishing parole would tie the hands of parole boards, which were often accused of letting inmates out early. Recent research shows, however, that inmates actually serve longer prison terms in states retaining discretionary parole, and those states' parolees have higher success rates. Retaining discretionary parole may serve to refocus prison staff and corrections staff on planning for release, not just opening the door at release.
Ted Gest
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780195103434
- eISBN:
- 9780199833887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195103432.003.0010
- Subject:
- Political Science, American Politics
Much of the increase in crime that hit the US in the 1980s and 1990s was blamed on habitual offenders. For many years, prison wardens and parole boards had decided when most inmates would be ...
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Much of the increase in crime that hit the US in the 1980s and 1990s was blamed on habitual offenders. For many years, prison wardens and parole boards had decided when most inmates would be released. Legislators came to believe that this system was too lenient and enacted tougher penalties. When even these extended terms behind bars did not seem to work, activists came up with a new formulation, “three strikes and you’re out,” meaning that a third serious crime would bring a life term. Commentator John Carlson started a campaign for such a scheme in Washington State in the 1980s; it was enacted in 1993, the height of modern‐day crime totals. The concept quickly spread in California after the infamous kidnapping and killing of 12‐year‐old Polly Klaas that same year. President Bill Clinton embraced the idea for federal crimes, and at least two dozen states adopted some form of it. Experts disputed how much three strikes or any other tough sentencing laws affected the crime declines of the 1990s. Still, prison building continued at a high rate during the 1990s, with the combined population in prisons and jails approaching 2 million. Critics argued that three strikes and ‘mandatory minimum’ prison term laws were incarcerating far too many low‐level offenders who would end up back on the streets committing more crimes after years of imprisonment with little vocational or educational training. As the costs of running prisons mounted, some policymakers were seriously rethinking the punitive practices of the late 20th century, but no dramatic turnaround was in sight.Less
Much of the increase in crime that hit the US in the 1980s and 1990s was blamed on habitual offenders. For many years, prison wardens and parole boards had decided when most inmates would be released. Legislators came to believe that this system was too lenient and enacted tougher penalties. When even these extended terms behind bars did not seem to work, activists came up with a new formulation, “three strikes and you’re out,” meaning that a third serious crime would bring a life term. Commentator John Carlson started a campaign for such a scheme in Washington State in the 1980s; it was enacted in 1993, the height of modern‐day crime totals. The concept quickly spread in California after the infamous kidnapping and killing of 12‐year‐old Polly Klaas that same year. President Bill Clinton embraced the idea for federal crimes, and at least two dozen states adopted some form of it. Experts disputed how much three strikes or any other tough sentencing laws affected the crime declines of the 1990s. Still, prison building continued at a high rate during the 1990s, with the combined population in prisons and jails approaching 2 million. Critics argued that three strikes and ‘mandatory minimum’ prison term laws were incarcerating far too many low‐level offenders who would end up back on the streets committing more crimes after years of imprisonment with little vocational or educational training. As the costs of running prisons mounted, some policymakers were seriously rethinking the punitive practices of the late 20th century, but no dramatic turnaround was in sight.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0004
- Subject:
- Sociology, Law, Crime and Deviance
This chapter describes parole supervision (as distinguished from parole release) as it is practiced today. The major criticisms of parole release (e.g., unwarranted discretion and ineffectiveness) ...
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This chapter describes parole supervision (as distinguished from parole release) as it is practiced today. The major criticisms of parole release (e.g., unwarranted discretion and ineffectiveness) have been leveled at parole field supervision and have caused major changes and reforms there as well. Parole officers, historically committed to providing counseling and brokering community resources to assist parolees, have become more surveillance oriented. The public's tough-on-crime stance has demanded it, and the practical considerations of high parole caseloads combined with scarce resources have left parole officers with few alternatives. Drug testing, house arrest, and electronic monitoring are now common parole supervision techniques. Such techniques seldom contribute to rehabilitation; they just help identify the failures more quickly.Less
This chapter describes parole supervision (as distinguished from parole release) as it is practiced today. The major criticisms of parole release (e.g., unwarranted discretion and ineffectiveness) have been leveled at parole field supervision and have caused major changes and reforms there as well. Parole officers, historically committed to providing counseling and brokering community resources to assist parolees, have become more surveillance oriented. The public's tough-on-crime stance has demanded it, and the practical considerations of high parole caseloads combined with scarce resources have left parole officers with few alternatives. Drug testing, house arrest, and electronic monitoring are now common parole supervision techniques. Such techniques seldom contribute to rehabilitation; they just help identify the failures more quickly.
Frederick J. Newmeyer
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780199274338
- eISBN:
- 9780191706479
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274338.003.0004
- Subject:
- Linguistics, Language Families
This chapter argues in favor of the classical Saussurean position with respect to the relationship between knowledge of language and use of language, providing evidence in support of the idea that ...
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This chapter argues in favor of the classical Saussurean position with respect to the relationship between knowledge of language and use of language, providing evidence in support of the idea that the mental grammar contributes to language use, but that usage, frequency, and so on are not represented in the grammar itself. The first two sections describe current ‘usage-based models’ and attempt to account for their popularity. The following three sections defend the classical position with arguments based on the compatibility of formal grammar and functional explanation, the failure of connectionism to provide an alternative to formal grammar, and the fact that speakers mentally represent full argument structure. The final sections argue against stochastic grammars and propose an evolutionary scenario that makes sense of the grammar-use distinction.Less
This chapter argues in favor of the classical Saussurean position with respect to the relationship between knowledge of language and use of language, providing evidence in support of the idea that the mental grammar contributes to language use, but that usage, frequency, and so on are not represented in the grammar itself. The first two sections describe current ‘usage-based models’ and attempt to account for their popularity. The following three sections defend the classical position with arguments based on the compatibility of formal grammar and functional explanation, the failure of connectionism to provide an alternative to formal grammar, and the fact that speakers mentally represent full argument structure. The final sections argue against stochastic grammars and propose an evolutionary scenario that makes sense of the grammar-use distinction.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0010
- Subject:
- Sociology, Law, Crime and Deviance
This chapter presents concluding remarks, reflecting on the political and practical challenges, as well as the potential payoffs, of enhancing reentry strategies. For most offenders, corrections does ...
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This chapter presents concluding remarks, reflecting on the political and practical challenges, as well as the potential payoffs, of enhancing reentry strategies. For most offenders, corrections does not correct. Indeed, the conditions in the United States under which many inmates are handled are detrimental to successful reintegration, and many of the restrictions placed on returning prisoners prove deeply counterproductive. One of the most distinguishing characteristics of U.S. crime policy since the 1980s has been the gradual chipping away of individualized decision making and its replacement with one-size-fits-all laws and policies. Parole and reentry services of the future must focus on linking offenders with community institutions. This means reaching outside the criminal justice system to other units of government and the community: churches, ex-prisoner self-help groups, families, and nonprofit programs.Less
This chapter presents concluding remarks, reflecting on the political and practical challenges, as well as the potential payoffs, of enhancing reentry strategies. For most offenders, corrections does not correct. Indeed, the conditions in the United States under which many inmates are handled are detrimental to successful reintegration, and many of the restrictions placed on returning prisoners prove deeply counterproductive. One of the most distinguishing characteristics of U.S. crime policy since the 1980s has been the gradual chipping away of individualized decision making and its replacement with one-size-fits-all laws and policies. Parole and reentry services of the future must focus on linking offenders with community institutions. This means reaching outside the criminal justice system to other units of government and the community: churches, ex-prisoner self-help groups, families, and nonprofit programs.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0011
- Subject:
- Sociology, Law, Crime and Deviance
This chapter expresses a cautious optimism that the focus on parole and prisoner reentry is here to stay and that reentry will serve as the major conceptual framework for organizing criminal justice ...
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This chapter expresses a cautious optimism that the focus on parole and prisoner reentry is here to stay and that reentry will serve as the major conceptual framework for organizing criminal justice policy for many years to come. There are also substantial challenges ahead. Most significant in this regard are the rising crime rate and the slowing of the U.S. economy. Either or both of these factors could derail reentry progress. The discussion suggests continued advances in parole and prisoner reentry not only because it will be good for prisoners returning home, but because it will ultimately be good for their children, their neighbors, and the community at large. Given the increasing magnitude of the expected prison exodus over the next decade, focusing on prisoner reintegration may be the best hope for keeping crime rates down as nearly 700,000 inmates a year leave prison to return home.Less
This chapter expresses a cautious optimism that the focus on parole and prisoner reentry is here to stay and that reentry will serve as the major conceptual framework for organizing criminal justice policy for many years to come. There are also substantial challenges ahead. Most significant in this regard are the rising crime rate and the slowing of the U.S. economy. Either or both of these factors could derail reentry progress. The discussion suggests continued advances in parole and prisoner reentry not only because it will be good for prisoners returning home, but because it will ultimately be good for their children, their neighbors, and the community at large. Given the increasing magnitude of the expected prison exodus over the next decade, focusing on prisoner reintegration may be the best hope for keeping crime rates down as nearly 700,000 inmates a year leave prison to return home.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0001
- Subject:
- Sociology, Law, Crime and Deviance
This book assembles and analyzes the relevant information pertaining to prisoner reentry: the systems, people, programs, and prospects for implementing a more effective and just system. This chapter ...
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This book assembles and analyzes the relevant information pertaining to prisoner reentry: the systems, people, programs, and prospects for implementing a more effective and just system. This chapter summarizes the data and develops major themes and policy recommendations. No one believes that the current prison and parole system is working. Recent public opinion polls show an increasing dissatisfaction with the purely punitive approach to criminal justice. Data suggest that having to earn and demonstrate readiness for release and being supervised postprison may have some deterrent or rehabilitation benefits—particularly for the most dangerous offenders. Effective programs include therapeutic communities for drug addicts and substance abuse programs with aftercare for alcoholics and drug addicts; cognitive behavioral programs for sex offenders; and adult basic education, vocational education, and prison industries for the general prison population.Less
This book assembles and analyzes the relevant information pertaining to prisoner reentry: the systems, people, programs, and prospects for implementing a more effective and just system. This chapter summarizes the data and develops major themes and policy recommendations. No one believes that the current prison and parole system is working. Recent public opinion polls show an increasing dissatisfaction with the purely punitive approach to criminal justice. Data suggest that having to earn and demonstrate readiness for release and being supervised postprison may have some deterrent or rehabilitation benefits—particularly for the most dangerous offenders. Effective programs include therapeutic communities for drug addicts and substance abuse programs with aftercare for alcoholics and drug addicts; cognitive behavioral programs for sex offenders; and adult basic education, vocational education, and prison industries for the general prison population.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0008
- Subject:
- Sociology, Law, Crime and Deviance
This chapter focuses on the current and potential roles that victims might play in managing prisoner reentry. It discusses the legal rights of victims to be notified of a parolee's release and to ...
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This chapter focuses on the current and potential roles that victims might play in managing prisoner reentry. It discusses the legal rights of victims to be notified of a parolee's release and to testify at parole hearings. It also discusses the crucial role they might play in enhancing community safety and offender rehabilitation.Less
This chapter focuses on the current and potential roles that victims might play in managing prisoner reentry. It discusses the legal rights of victims to be notified of a parolee's release and to testify at parole hearings. It also discusses the crucial role they might play in enhancing community safety and offender rehabilitation.
Joan Petersilia
- Published in print:
- 2009
- Published Online:
- May 2012
- ISBN:
- 9780195160864
- eISBN:
- 9780199943395
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195160864.003.0009
- Subject:
- Sociology, Law, Crime and Deviance
This chapter offers twelve concrete policy suggestions for reforming parole and enhancing prisoner reintegration. These options are grouped into four areas: the in-prison experience, prisoner release ...
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This chapter offers twelve concrete policy suggestions for reforming parole and enhancing prisoner reintegration. These options are grouped into four areas: the in-prison experience, prisoner release and revocation policies; postprison services and supervision; and reentry partnerships and community-based collaborations.Less
This chapter offers twelve concrete policy suggestions for reforming parole and enhancing prisoner reintegration. These options are grouped into four areas: the in-prison experience, prisoner release and revocation policies; postprison services and supervision; and reentry partnerships and community-based collaborations.
Frederic G. Reamer
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780231177337
- eISBN:
- 9780231543323
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231177337.001.0001
- Subject:
- Social Work, Crime and Justice
Few people experience life inside of prison. Even fewer are charged with the responsibility of deciding whether inmates should be released. In his twenty-four years on the Rhode Island Parole Board, ...
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Few people experience life inside of prison. Even fewer are charged with the responsibility of deciding whether inmates should be released. In his twenty-four years on the Rhode Island Parole Board, Frederic G. Reamer has judged the fates of thousands of inmates, deciding which are ready to reenter society and which are not. It is a complicated choice that balances injury to victims and their families against an offender’s capacity for transformation.
With rich retellings of criminal cases, On the Parole Board is a singular book that explains from an insider’s perspective how a variety of factors play into the board’s decisions: the ongoing effect on victims and their loved ones, the life histories of offenders, the circumstances of the crimes, and the powerful and often extraordinary displays of forgiveness and remorse. Pulling back the curtain on a process largely shrouded in mystery, Reamer lays bare the thorny philosophical issues of crime and justice and their staggering consequences for inmates, victims, and the public at large. Reamer and his colleagues often hope, despite encountering behavior at its worst, that criminals who have made horrible mistakes have the capacity for redemption. Yet that hope must be tempered with a realistic appraisal of risk, given the potentially grave consequences of releasing an inmate who may commit a future crime. This book will appeal to anyone interested in the complexities of the criminal justice system, the need to correct its injustices, and the challenges of those who must decide when justice has been served.Less
Few people experience life inside of prison. Even fewer are charged with the responsibility of deciding whether inmates should be released. In his twenty-four years on the Rhode Island Parole Board, Frederic G. Reamer has judged the fates of thousands of inmates, deciding which are ready to reenter society and which are not. It is a complicated choice that balances injury to victims and their families against an offender’s capacity for transformation.
With rich retellings of criminal cases, On the Parole Board is a singular book that explains from an insider’s perspective how a variety of factors play into the board’s decisions: the ongoing effect on victims and their loved ones, the life histories of offenders, the circumstances of the crimes, and the powerful and often extraordinary displays of forgiveness and remorse. Pulling back the curtain on a process largely shrouded in mystery, Reamer lays bare the thorny philosophical issues of crime and justice and their staggering consequences for inmates, victims, and the public at large. Reamer and his colleagues often hope, despite encountering behavior at its worst, that criminals who have made horrible mistakes have the capacity for redemption. Yet that hope must be tempered with a realistic appraisal of risk, given the potentially grave consequences of releasing an inmate who may commit a future crime. This book will appeal to anyone interested in the complexities of the criminal justice system, the need to correct its injustices, and the challenges of those who must decide when justice has been served.
Catherine A Appleton
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780199582716
- eISBN:
- 9780191702341
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199582716.003.0001
- Subject:
- Law, Criminal Law and Criminology
This book explores ‘life after life imprisonment’ for the first cohort of discretionary life-sentenced prisoners who were released into the community following these significant changes to the life ...
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This book explores ‘life after life imprisonment’ for the first cohort of discretionary life-sentenced prisoners who were released into the community following these significant changes to the life sentence system. It also examines the process of resettlement and desistance for the original subjects of the Parole Board study and investigates the challenges they present to practitioners tasked with their supervision in the community.Less
This book explores ‘life after life imprisonment’ for the first cohort of discretionary life-sentenced prisoners who were released into the community following these significant changes to the life sentence system. It also examines the process of resettlement and desistance for the original subjects of the Parole Board study and investigates the challenges they present to practitioners tasked with their supervision in the community.
Cassandra Adams
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520252493
- eISBN:
- 9780520944565
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520252493.003.0064
- Subject:
- Sociology, Gender and Sexuality
In her poem entitled “Freedom Gon' Come,” Cassandra Adams laments that her freedom, which she got when she was released from prison on parole, means nothing because of the negative stereotypes held ...
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In her poem entitled “Freedom Gon' Come,” Cassandra Adams laments that her freedom, which she got when she was released from prison on parole, means nothing because of the negative stereotypes held by society against incarcerated people like her.Less
In her poem entitled “Freedom Gon' Come,” Cassandra Adams laments that her freedom, which she got when she was released from prison on parole, means nothing because of the negative stereotypes held by society against incarcerated people like her.
Ian K. Steele
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780195084269
- eISBN:
- 9780199853977
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195084269.001.0001
- Subject:
- History, American History: early to 18th Century
On the morning of August 9, 1757, British and colonial officers defending the besieged Fort William Henry surrendered to French forces, accepting the generous “parole of honor” offered by General ...
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On the morning of August 9, 1757, British and colonial officers defending the besieged Fort William Henry surrendered to French forces, accepting the generous “parole of honor” offered by General Montcalm. As the column of British and colonials marched with their families and servants to Fort Edward some miles south, they were set upon by the Indian allies of the French. The resulting “massacre,” thought to be one of the bloodiest days of the French and Indian War, became forever ingrained in American myth by James Fenimore Cooper's classic novel The Last of the Mohicans. This book gives us the true story behind Cooper's famous book, bringing to life men such as British commander of Fort William Henry George Monro, English General Webb, his French counterpart Montcalm, and the wild frontier world of Natty Bumppo. The Battle of Lake George and the building of the fort marked the return of European military involvement in intercolonial wars, producing an explosive mixture of the contending martial values of Indians, colonials, and European regulars. The Americans and British who were attacked after surrendering, as well as French officers and their Indian allies, all felt deeply betrayed. Contemporary accounts of the victims—whose identities the book has reconstructed from newly discovered sources—helped to create a powerful, racist American folk memory that still resonates today. Survivors included men and women who were adopted into Indian tribes, sold to Canadians in a well-established white servant trade, or jailed in Canada or France as prisoners of war. Explaining the motives for the most notorious massacre of the colonial period, this book offers a tale of a fledgling America, one which places the tragic events of the Seven Years' War in a fresh historical context.Less
On the morning of August 9, 1757, British and colonial officers defending the besieged Fort William Henry surrendered to French forces, accepting the generous “parole of honor” offered by General Montcalm. As the column of British and colonials marched with their families and servants to Fort Edward some miles south, they were set upon by the Indian allies of the French. The resulting “massacre,” thought to be one of the bloodiest days of the French and Indian War, became forever ingrained in American myth by James Fenimore Cooper's classic novel The Last of the Mohicans. This book gives us the true story behind Cooper's famous book, bringing to life men such as British commander of Fort William Henry George Monro, English General Webb, his French counterpart Montcalm, and the wild frontier world of Natty Bumppo. The Battle of Lake George and the building of the fort marked the return of European military involvement in intercolonial wars, producing an explosive mixture of the contending martial values of Indians, colonials, and European regulars. The Americans and British who were attacked after surrendering, as well as French officers and their Indian allies, all felt deeply betrayed. Contemporary accounts of the victims—whose identities the book has reconstructed from newly discovered sources—helped to create a powerful, racist American folk memory that still resonates today. Survivors included men and women who were adopted into Indian tribes, sold to Canadians in a well-established white servant trade, or jailed in Canada or France as prisoners of war. Explaining the motives for the most notorious massacre of the colonial period, this book offers a tale of a fledgling America, one which places the tragic events of the Seven Years' War in a fresh historical context.
Nicholas Hammond
- Published in print:
- 1994
- Published Online:
- October 2011
- ISBN:
- 9780198158936
- eISBN:
- 9780191673412
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198158936.003.0002
- Subject:
- Literature, European Literature
Perhaps the major difference between the use of ‘paroles’ in this letter and the function of words in the Pensées lies in the fact that the polemicist, despite his recognition of the inadequacy of ...
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Perhaps the major difference between the use of ‘paroles’ in this letter and the function of words in the Pensées lies in the fact that the polemicist, despite his recognition of the inadequacy of language, believes in the internal truth of words. In the Pensées, on the other hand, Blaise Pascal calls into question man's very ability to communicate truth through language, an aspect which this chapter develops. It must be pointed out that Pascal does not always make a clear distinction between mot and parole. It would be useful to assess the status of words in this fragment. It is entitled ‘Contre le pyrrhonisme’, and clearly represents an attempt to show the weaknesses of the sceptics' opposition to the dogmatists.Less
Perhaps the major difference between the use of ‘paroles’ in this letter and the function of words in the Pensées lies in the fact that the polemicist, despite his recognition of the inadequacy of language, believes in the internal truth of words. In the Pensées, on the other hand, Blaise Pascal calls into question man's very ability to communicate truth through language, an aspect which this chapter develops. It must be pointed out that Pascal does not always make a clear distinction between mot and parole. It would be useful to assess the status of words in this fragment. It is entitled ‘Contre le pyrrhonisme’, and clearly represents an attempt to show the weaknesses of the sceptics' opposition to the dogmatists.
Richard S. Frase
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199757862
- eISBN:
- 9780199979547
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199757862.003.0003
- Subject:
- Law, Criminal Law and Criminology
This chapter demonstrates support for the wisdom and viability of the proposed model by identifying examples of its principles and procedures embodied in modern sentencing laws, practices, and ...
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This chapter demonstrates support for the wisdom and viability of the proposed model by identifying examples of its principles and procedures embodied in modern sentencing laws, practices, and standards. Emphasis is on state sentencing guidelines, beginning with a review of existing, fully functioning systems, showing whether and when they incorporated model features such as a permanent sentencing commission, resource-impact assessments, enforcement by appellate review or other methods, abolition of parole discretion, and regulation of intermediate sanctions, misdemeanor sentencing, and revocation of probation or postprison release (parole). Detailed analysis is provided for systems most closely resembling the proposed model, in Kansas, Minnesota, North Carolina, Oregon, and Washington. The chapter then identifies elements of the model in other guidelines systems, nonguidelines systems in the United States and abroad, and sentencing standards and codes such as the American Bar Association’s Standards for Criminal Justice and the American Law Institute’s original and revised Model Penal Code.Less
This chapter demonstrates support for the wisdom and viability of the proposed model by identifying examples of its principles and procedures embodied in modern sentencing laws, practices, and standards. Emphasis is on state sentencing guidelines, beginning with a review of existing, fully functioning systems, showing whether and when they incorporated model features such as a permanent sentencing commission, resource-impact assessments, enforcement by appellate review or other methods, abolition of parole discretion, and regulation of intermediate sanctions, misdemeanor sentencing, and revocation of probation or postprison release (parole). Detailed analysis is provided for systems most closely resembling the proposed model, in Kansas, Minnesota, North Carolina, Oregon, and Washington. The chapter then identifies elements of the model in other guidelines systems, nonguidelines systems in the United States and abroad, and sentencing standards and codes such as the American Bar Association’s Standards for Criminal Justice and the American Law Institute’s original and revised Model Penal Code.
William Green
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781479876990
- eISBN:
- 9781479825929
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479876990.001.0001
- Subject:
- Sociology, Health, Illness, and Medicine
The odyssey of Depo-Provera is a study of the politics of contraceptive drug risk management, which involves a lengthy struggle over the scientific assessment of the drug's health risk and ...
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The odyssey of Depo-Provera is a study of the politics of contraceptive drug risk management, which involves a lengthy struggle over the scientific assessment of the drug's health risk and acceptability of the injectable drug's use. In this struggle, the FDA, the federal government's drug licensing agency, has limited authority to manage the drug's risk and is one participant in a fragmented system of drug risk management that includes The Upjohn Company, physicians, and state judges and legislators. Depo-Provera's odyssey joins its national controversy over its contraceptive approval to its state civil and criminal legal experiences, which take the form of three overlapping stories told by Judith Weisz, Anne MacMurdo, and Roger Gauntlett. At the center of each of their stories is a trial.Judith Weisz chaired the FDA's Depo-Provera Public Board of Inquiry, a science court; Anne MacMurdo was the plaintiff in a state products liability suit against The Upjohn Company; and Roger Gauntlett, the defendant in a state statutory rape trial. Together their stories join the twenty-five-year national controversy over Upjohn's FDA application to have the drug licensed as a female contraceptive to the state medical malpractice and products liability issues raised by its contraceptive use and the criminal justice issues raised by its use as a probation and parole condition for sex offenders. Together they tell a collective story that provides an agenda for the principal participants to more effectively manage Depo-Provera's health risk and for the FDA to seriously consider banning the drug.Less
The odyssey of Depo-Provera is a study of the politics of contraceptive drug risk management, which involves a lengthy struggle over the scientific assessment of the drug's health risk and acceptability of the injectable drug's use. In this struggle, the FDA, the federal government's drug licensing agency, has limited authority to manage the drug's risk and is one participant in a fragmented system of drug risk management that includes The Upjohn Company, physicians, and state judges and legislators. Depo-Provera's odyssey joins its national controversy over its contraceptive approval to its state civil and criminal legal experiences, which take the form of three overlapping stories told by Judith Weisz, Anne MacMurdo, and Roger Gauntlett. At the center of each of their stories is a trial.Judith Weisz chaired the FDA's Depo-Provera Public Board of Inquiry, a science court; Anne MacMurdo was the plaintiff in a state products liability suit against The Upjohn Company; and Roger Gauntlett, the defendant in a state statutory rape trial. Together their stories join the twenty-five-year national controversy over Upjohn's FDA application to have the drug licensed as a female contraceptive to the state medical malpractice and products liability issues raised by its contraceptive use and the criminal justice issues raised by its use as a probation and parole condition for sex offenders. Together they tell a collective story that provides an agenda for the principal participants to more effectively manage Depo-Provera's health risk and for the FDA to seriously consider banning the drug.
Carolyn Strange
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9781479899920
- eISBN:
- 9781479843619
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479899920.001.0001
- Subject:
- Law, Criminal Law and Criminology
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary and the ...
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The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary and the introduction of parole transform governors’ use of their prerogative? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency case files, reports of prisoner aid associations, and parole hearing records. This is the first work of history to analyze mercy and parole through the same lens, as related but distinct forms of discretionary decision making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during state constitutional conventions, and it reached its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that describe parole as the successor to the pardon, this book argues that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.Less
The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did the advent of the penitentiary and the introduction of parole transform governors’ use of their prerogative? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency case files, reports of prisoner aid associations, and parole hearing records. This is the first work of history to analyze mercy and parole through the same lens, as related but distinct forms of discretionary decision making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during state constitutional conventions, and it reached its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that describe parole as the successor to the pardon, this book argues that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.
David J. Harding, Jeffrey D. Morenoff, and Jessica J. B. Wyse
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9780226607504
- eISBN:
- 9780226607788
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226607788.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
This book examines the lives of formerly incarcerated individuals as they return to society, situating their experiences within the broader framework of US poverty and inequality. It considers the ...
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This book examines the lives of formerly incarcerated individuals as they return to society, situating their experiences within the broader framework of US poverty and inequality. It considers the challenges these individuals face in securing stable employment, housing, transportation, and their struggles with stigma, parole supervision, mental health, and drug and alcohol addictions. The book argues that successful reintegration depends not only, or even primarily, on individuals’ traits and proclivities when they entered prison, but also on the family, neighborhood, and institutional contexts they encounter after prison and on the social roles, identities, and reentry narratives they construct for themselves after release, thereby moving beyond recidivism by examining reintegration more broadly. A central conclusion is that, in the current era of mass incarceration and racial exclusion, there is a profound mismatch between the resources available to the formerly incarcerated with which to rebuild their lives and the institutions and contexts in which they find themselves embedded after release, including high poverty neighborhoods, instant and cheap background checks, a brutal labor market for low-skill workers, and a highly punitive criminal justice system. Improving their prospects will require shifting resources from costly imprisonment toward educational and rehabilitation programs, supporting prisoners and their families during the critical period immediately after release, and removing formal barriers to reintegration in the housing and labor markets.Less
This book examines the lives of formerly incarcerated individuals as they return to society, situating their experiences within the broader framework of US poverty and inequality. It considers the challenges these individuals face in securing stable employment, housing, transportation, and their struggles with stigma, parole supervision, mental health, and drug and alcohol addictions. The book argues that successful reintegration depends not only, or even primarily, on individuals’ traits and proclivities when they entered prison, but also on the family, neighborhood, and institutional contexts they encounter after prison and on the social roles, identities, and reentry narratives they construct for themselves after release, thereby moving beyond recidivism by examining reintegration more broadly. A central conclusion is that, in the current era of mass incarceration and racial exclusion, there is a profound mismatch between the resources available to the formerly incarcerated with which to rebuild their lives and the institutions and contexts in which they find themselves embedded after release, including high poverty neighborhoods, instant and cheap background checks, a brutal labor market for low-skill workers, and a highly punitive criminal justice system. Improving their prospects will require shifting resources from costly imprisonment toward educational and rehabilitation programs, supporting prisoners and their families during the critical period immediately after release, and removing formal barriers to reintegration in the housing and labor markets.
John A. Lynn II
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199693627
- eISBN:
- 9780191741258
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693627.003.0031
- Subject:
- Political Science, International Relations and Politics
The late Middle Ages witnessed the European invention of honorable surrender, which promised survival to elite warriors who yielded, while it provided ransoms to their captors. During the early ...
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The late Middle Ages witnessed the European invention of honorable surrender, which promised survival to elite warriors who yielded, while it provided ransoms to their captors. During the early modern era this took on more general character: on the one hand, honorable surrender encompassed the fate of common soldiers as well as the elite, and, on the other hand, the state supplanted the individual as the taker and custodian of prisoners. In comparison with the period after 1650, that from 1500 to the mid-seventeenth century witnessed more irregular and harsh treatment of those who surrendered. After 1650, increased state control over armies allowed greater regularity and moderation, as celebrated by the Enlightenment. Adversaries even exchanged prisoners in a reasonable and often rapid manner. The practices of ransom, parole, and exchange developed in the early modern period would have a long life in military law and practice.Less
The late Middle Ages witnessed the European invention of honorable surrender, which promised survival to elite warriors who yielded, while it provided ransoms to their captors. During the early modern era this took on more general character: on the one hand, honorable surrender encompassed the fate of common soldiers as well as the elite, and, on the other hand, the state supplanted the individual as the taker and custodian of prisoners. In comparison with the period after 1650, that from 1500 to the mid-seventeenth century witnessed more irregular and harsh treatment of those who surrendered. After 1650, increased state control over armies allowed greater regularity and moderation, as celebrated by the Enlightenment. Adversaries even exchanged prisoners in a reasonable and often rapid manner. The practices of ransom, parole, and exchange developed in the early modern period would have a long life in military law and practice.
Dirk van Zyl Smit and Alessandro Corda
- Published in print:
- 2017
- Published Online:
- December 2017
- ISBN:
- 9780190203542
- eISBN:
- 9780190203566
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190203542.003.0011
- Subject:
- Sociology, Law, Crime and Deviance, Comparative and Historical Sociology
This chapter focuses on American exceptionalism in parole release and supervision. It first establishes a clear understanding of what is meant by granting parole and parole supervision in the United ...
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This chapter focuses on American exceptionalism in parole release and supervision. It first establishes a clear understanding of what is meant by granting parole and parole supervision in the United States and Europe within the respective sentencing schemes and then gives a comparative statistical picture. The chapter then considers the history of parole on both sides of the Atlantic, before examining and comparing current policies in the United States and Europe in more detail. The principal finding is that European parole, unlike its American counterparts, is dominated by a discourse that stresses and highlights human dignity and procedural justice rather than public safety. In the American discourse, by contrast, there is less emphasis on the rights of parolees. Parole decision-making and supervision are mainly shaped by risk aversion. To conclude, this chapter reflects on whether European ideals for parole may take root in the United States.Less
This chapter focuses on American exceptionalism in parole release and supervision. It first establishes a clear understanding of what is meant by granting parole and parole supervision in the United States and Europe within the respective sentencing schemes and then gives a comparative statistical picture. The chapter then considers the history of parole on both sides of the Atlantic, before examining and comparing current policies in the United States and Europe in more detail. The principal finding is that European parole, unlike its American counterparts, is dominated by a discourse that stresses and highlights human dignity and procedural justice rather than public safety. In the American discourse, by contrast, there is less emphasis on the rights of parolees. Parole decision-making and supervision are mainly shaped by risk aversion. To conclude, this chapter reflects on whether European ideals for parole may take root in the United States.
