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Punishment and Sentencing


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Table of Contents

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

About the Author

Melissa Bull is a Lecturer in the School of Criminology and Criminal Justice at Griffith University.

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