front cover of Negotiating Responsibility in the Criminal Justice System
Negotiating Responsibility in the Criminal Justice System
Edited by Jack Kamerman. Foreword by Gilbert Geis
Southern Illinois University Press

With this collection of essays, Jack Kamerman presents the first sustained examination of one of the underpinnings of the operation of the criminal justice system: the issue of responsibility for actions and, as a consequence, the issue of accountability.

 

Unique in the breadth of its approach, this volume examines the issue of responsibility from the perspectives of criminal justice professionals, sociologists, philosophers, and public administrators from four countries. Attacking the problem on various levels, the essayists look first at the assumptions made by criminal justice institutions regarding offender responsibility, then turn to the views of offenders on the causes of their own actions and to the consequences of offenders either to accept or deny responsibility.

 

These scholars also examine the social and psychological circumstances under which people in general accept or deny responsibility for what they do, thus providing the basis for understanding the process of social distance as a major precondition for people to commit atrocities without seeing themselves as responsible. Understanding the circumstances under which people either distance themselves from or embrace responsibility enables criminologists to make grounded recommendations for reordering responsibility in the criminal justice system and, more generally, for restoring a sense of responsibility to organizations, occupations, and society.

 

Aside from Kamerman, the contributors are William C. Collins, Charles Fethe, Gilbert Geis, Robert J. Kelly, Alison Liebling, Jess Maghan, Mark Harrison Moore, Paul Neurath, John Rakis, William Rentzmann, and José E. Sánchez.

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front cover of No Bond but the Law
No Bond but the Law
Punishment, Race, and Gender in Jamaican State Formation, 1780–1870
Diana Paton
Duke University Press, 2004
Investigating the cultural, social, and political histories of punishment during ninety years surrounding the 1838 abolition of slavery in Jamaica, Diana Paton challenges standard historiographies of slavery and discipline. The abolition of slavery in Jamaica, as elsewhere, entailed the termination of slaveholders’ legal right to use violence—which they defined as “punishment”—against those they had held as slaves. Paton argues that, while slave emancipation involved major changes in the organization and representation of punishment, there was no straightforward transition from corporal punishment to the prison or from privately inflicted to state-controlled punishment. Contesting the dichotomous understanding of pre-modern and modern modes of power that currently dominates the historiography of punishment, she offers critical readings of influential theories of power and resistance, including those of Michel Foucault, Pierre Bourdieu, and Ranajit Guha.

No Bond but the Law reveals the longstanding and intimate relationship between state formation and private punishment. The construction of a dense, state-organized system of prisons began not with emancipation but at the peak of slave-based wealth in Jamaica, in the 1780s. Jamaica provided the paradigmatic case for British observers imagining and evaluating the emancipation process. Paton’s analysis moves between imperial processes on the one hand and Jamaican specificities on the other, within a framework comparing developments regarding punishment in Jamaica with those in the U.S. South and elsewhere. Emphasizing the gendered nature of penal policy and practice throughout the emancipation period, Paton is attentive to the ways in which the actions of ordinary Jamaicans and, in particular, of women prisoners, shaped state decisions.

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