Prelims

Half Title Page

Punishment, Probation and Parole

Endorsement Page

It is increasingly recognized that punishment in the community is no longer the humanising and rehabilitative undertaking as was initially intended. Based on insights from nine different countries around the globe, this book identifies common trends of managerialism and massification. Starting from a deepening and critical understanding of McNeill’s concept of mass supervision and taking a decolonizing perspective into account, this book offers an excellent and thought-provoking contribution to the scholarship on community punishment.

Prof. Dr. Kristel Beyens Vrije, Universiteit Brussel

Building off McNeill’s (2018) Pervasive Punishment, this new edited volume asks how we “make sense” of mass supervision across time and place. The volume brings together some of the most thoughtful scholars working on community sanctions in Europe, the U.S., and less-well studied countries including Chile and Australia, and elsewhere, asking what purposes sanctions like probation and parole serve in the name of justice and how such supervision is experienced by individuals, families, and communities. Each chapter brings us a new location and focus, showing the complex and contradictory forces and experiences of community sanctions. And yet across all this diversity is a sense that community sanctions have strayed from their original purposes, growing more punitive and managerial. Taken together, the volume powerfully asks us to consider whether mass supervision itself can ever be rehabilitated away from punishment.

Dr. Michelle Phelps, Associate Professor and Martindale Endowed Chair, University of Minnesota

With contributors from around the globe, this powerful collection illustrates the chilling story of how probation has journeyed from a grassroots, localized initiative into ‘mass supervision’ run by the state. This cautionary tale should be widely read by those hoping to abolish or reform the current system.

Shadd Maruna, President, American Society of Criminology

Title Page

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts

EDITED BY

KATHARINA MAIER

The University of Winnipeg, Canada

ROSEMARY RICCIARDELLI

Memorial University of Newfoundland, Canada

AND

FERGUS MCNEILL

University of Glasgow, UK

United Kingdom – North America – Japan – India – Malaysia – China

Copyright Page

Emerald Publishing Limited

Emerald Publishing, Floor 5, Northspring, 21-23 Wellington Street, Leeds LS1 4DL.

First edition 2024

Editorial matter and selection © 2024 Katharina Maier, Rosemary Ricciardelli and Fergus McNeill.

Individual chapters © 2024 The authors.

Published under exclusive licence by Emerald Publishing Limited.

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British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN: 978-1-83753-195-0 (Print)

ISBN: 978-1-83753-194-3 (Online)

ISBN: 978-1-83753-196-7 (Epub)

Contents

About the Editors

Katharina Maier is a criminologist and Associate Professor in the Department of Criminal Justice at The University of Winnipeg in Canada. Her research focuses on punishment and penal governance, drugs, urban poverty and violence, and the intersections between public health and criminal justice approaches to crime and social problems. Her research has been published in Law & Social Inquiry, Punishment & Society Theoretical Criminology, among other venues.

Rosemary Ricciardelli is Professor (PhD, Sociology) in the School of Maritime Studies and Research Chair in Safety, Security, and Wellness at Memorial University’s Fisheries and Marine Institute. Elected to the Royal Society of Canada, her research centres on evolving understandings of gender, vulnerabilities, risk, and experiences and issues within different facets of the criminal justice system and among mariners. As a sex and gender researcher, her interests lay in the social health, identity construction, and lived experiences of individuals. She leads a longitudinal study on the mental health and wellbeing experiences of correctional officers employed by Correctional Services Canada.

Fergus McNeill is Professor of Criminology & Social Work at the University of Glasgow, where he is based in the Scottish Centre for Crime and Justice Research and in the subject area of Sociology. His work examines institutions, cultures, practices, experiences, and impacts of punishment and rehabilitation, especially in the community. His book Pervasive Punishment: Making Sense of Mass Supervision won the European Society of Criminology’s book prize in 2021.

About the Contributors

Emeritus Professor David Brown taught Criminal Law, Criminal Justice, Crime Prevention, Community Corrections and Penology courses at the Faculty of Law and Justice, University of NSW, Sydney, Australia, from 1974 to 2008. He is Lead Co-author of Criminal Laws, now in its 7th edition (2020). He has widely published across the broad areas of criminal law, criminal justice, criminology and penology both in Australia and internationally. His co-authored or co-edited books include Youth Justice and Penality in Comparative Context (with Goldson et al., 2021), Justice Reinvestment: Winding Back Imprisonment (Brown et al., 2016), Penal Culture and Hyperincarceration (with Cunneen et al., 2013), The New Punitiveness (with Pratt et al., 2005), Prisoners as Citizens (with Wilkie, 2002), Rethinking Law and Order (with Hogg, 1998), and The Prison Struggle (with Zdenkowski, 1982). He served as a part-time NSW Law Reform Commissioner on the Bail reference (2011–2012).

Ryan Casey is an Interdisciplinary Research Fellow in Digital Society & Economy at the University of Glasgow and Scottish Justice Fellow with the Scottish Centre for Crime and Justice Research. She has previously worked on several research projects in and around crime, justice and digital society. She was Co-I on a Scottish Government-funded project on public space CCTV in Scotland. She was also a Digital Ethnographer on an ESRC-funded study on everyday in/securities, concerns and place-making with a team of researchers from Oxford, Keele, Edinburgh and UCL. She has previously been an RA on a pilot project around digital connectivity and home life and on a Chief Scientist Office-funded study on lockdown experiences for people in the criminal justice system. She completed her PhD in Criminology at the University of Glasgow in 2021. Her thesis was an ethnographic study of penal electronic monitoring in Scotland.

loan Durnescu is a Professor at the University of Bucharest, Faculty of Sociology and Social Work. He teaches and conducts research in probation, prison and deradicalization fields. His special interest is comparative probation, staff skills and re-entry. He is one of the Editors of the Probation in Europe collection available on the CEP website at https://www.Cep-probation.org/knowledgebases/probation-in-europe/. He is currently Co-editor of the European Journal of Probation, a journal published by the University of Bucharest in partnership with SAGE Publishing, and Co-chair of the RAN Rehabilitation Working Group. His recent book Core Correctional Skills. The Training Kit can be found at www.corecorrectional.eu.

Martine Evans (aka Herzog-Evans) (PhD) teaches Penology and Criminology at Université de Reims-Champagne Ardennes, France. Her research interests range from legitimacy of justice, sentences, problem-solving courts, offender treatment, prisons and re-entry. She has published extensively (see http://herzog-evans.com). Her latest publication as Co-editor with Massil Benbouriche is Evidence-Based Work with Violent Extremists. France as a case example with Lexington Books, 2019. She is currently working on an EBP Probation Treaty with French publisher Dalloz and on two co-edited books, respectively, with Springer (with Stephen Morewitz – terrorism case studies) and Routledge (with Dr Jerome Thomas – prisoners’ vote). She also develops offender treatment programmes for the third sector and trains Criminal Justice practitioners.

Gillian Foley is a graduate student at Memorial University of Newfoundland. She is currently finishing her master’s degree in Applied Psychological Science and will start her PhD in Health and Wellness Psychology in the fall of 2023. She works as a Graduate Research Assistant at the Fisheries and Marine Institute of Memorial University of Newfoundland, researching public safety personnel mental health. Her research interests also include social support and programme evaluations.

David J. Hayes is a Lecturer in the University of Sheffield School of Law (UK). His research focuses on questions of measurement in punishment, especially the extent to which the subjective experiences of penal subjects affect our understanding of how punitive a penalty is (e.g. for the purposes of proportionality judgements at sentencing). He is the Author of Confronting Penal Excess: Retribution and the Politics of Penal Minimalism (2019, Hart), which explores the asserted connection between the excessive use of the criminal justice system and the adoption of retributive policies in Anglo-American liberal democracies.

Andrada Istrate holds a PhD in Sociology from the University of Bucharest and EHESS, Paris. Her previous work investigates the recent history of financial fraud in post-socialist Romania. She was involved in several research projects dealing with marginality and precarity: prisoners and former prisoners; people with disabilities; women and men living off social welfare; gamblers and addicts; immigrants and subsistence farmers. Currently, she is involved in research on crime and delinquency in contemporary Romania, focusing on how re-entry policies (or lack thereof) determine ex-prisoners’ trajectories.

Katharina Maier is a criminologist and Associate Professor in the Department of Criminal Justice at The University of Winnipeg in Canada. Her research focuses on punishment and penal governance, drugs, urban poverty and violence, and the intersections between public health and criminal justice approaches to crime and social problems. Her research has been published in Law & Social Inquiry, Punishment & Society Theoretical Criminology, among other venues.

Fergus McNeill is Professor of Criminology & Social Work at the University of Glasgow, where he is based in the Scottish Centre for Crime and Justice Research and in the subject area of Sociology. His work examines institutions, cultures, practices, experiences, and impacts of punishment and rehabilitation, especially in the community. His book Pervasive Punishment: Making Sense of Mass Supervision won the European Society of Criminology’s book prize in 2021.

Ana María Morales completed BA in Law and PhD in Criminology. Her doctoral dissertation, obtained at the University of Leicester, explored the so-called ‘penal subjectivities’, based on penological approaches that propose broadening the fields of investigation to understand the contexts in which penalty practices are based, developing knowledge about how penal philosophies are conceived by a sample of Chilean judges, supervision workers and offenders. She teaches undergraduate courses in Criminology at University Alberto Hurtado Law School and postgraduate courses in Applied Criminology at the School of Government at the Universidad de Chile. She is the Author of numerous articles and book chapters based on her research on Chile’s criminal justice policy, prisons, juvenile justice and riots. Between 2016 and 2019, along with her colleagues, she was awarded a ‘Fondecyt Regular’ (a very competitive research grant given by the Chilean government) to explore the new regimen of alternatives to prison implemented in 2013 by the government. As a product of that three-year study she published six publications with her research colleagues on the history, comparative regulation, criminal justice policy justifications, sentencing, implementation and impact of alternatives to prison. The latter was published in the Journal of Quantitative Criminology in 2022 where Moraga et al. explored the ‘Impact of the Reform to Non-custodial sanctions in Chile’. She recently joined the Chilean Prosecution Service as Director of Studies and Evaluation.

Rosemary Ricciardelli is Professor (PhD, Sociology) in the School of Maritime Studies and Research Chair in Safety, Security, and Wellness at Memorial University’s Fisheries and Marine Institute. Elected to the Royal Society of Canada, her research centres on evolving understandings of gender, vulnerabilities, risk, and experiences and issues within different facets of the criminal justice system and among mariners. As a sex and gender researcher, her interests lay in the social health, identity construction and lived experiences of individuals. She leads a longitudinal study on the mental health and wellbeing experiences of correctional officers employed by Correctional Services Canada.

John Todd-Kvam is a Postdoctoral Researcher working on the projects AgeSUD: Promoting Healthy Longevity Among People With Substance Use Disorders and ULTPEN: The Implementation and Impact of the Ultimate Penalty in Norway. His PhD focused on understanding desistance from crime in Norway and he has published work on desistance, the work of probation and problems with so-called ‘punishment debt’ in Norway. In addition, he has researched populism and Euroscepticism, including authoring the book The UK’s Relationship with Europe: Struggling over Sovereignty (Palgrave, 2016).

Michael Weinrath is Professor and Founding Chair of the Department of Criminal Justice and Director of the Justice Research Institute at the University of Winnipeg. He teaches corrections, programme evaluation and criminal justice policy, and his research includes drug and mental health treatment courts, diversion and restorative justice, prison-based therapeutic communities, adult- and youth-intensive supervision probation programmes, victimisation and drunk-driving. Prison environments and probationer experiences are the focus of his most recent research. He worked previously as a Probation Officer and Prison Manager.

Robert Werth is an Associate Professor of Teaching in the Department of Sociology at the University of Southern California (USC). His research interests focus on state-based punishments, post-prison experiences, penal logics and knowledge production techniques and algorithms in the penal realm. His work has been published in various academic journals, including Sociology Compass, Social & Legal Studies, Punishment & Society, Theoretical Criminology and the British Journal of Criminology, as well as an edited volume, Parole and Beyond: International Experiences of Life After Prison (edited by Armstrong and Durnescu).