Notes from Some Small Countries: A Study of the 'New Punitiveness' in Ireland, Scotland and New Zealand

In recent years there has been a remarkable surge of interest in the concept of punitiveness in theoretical criminology. Accounts serve to emphasise rupture over continuity, drawing attention to the increased focus on managerialism, risk and expressive penal policies in countries such as England and the US. Criticisms of these accounts have drawn attention to the weak empirical base for such assertions and the continued relevance of local cultural, historical and political conditions in mediating the effect of more punitive trends. In light of the relative neglect of smaller jurisdictions in this literature it was decided to locate these debates in three small common law jurisdictions, namely, Ireland, Scotland and New Zealand over the period 1976-2006 with a view to assessing the empirical evidence for penal change. This was done using a broader definition of punitiveness than normally employed incorporating indices relating to the ‘front end’ (eg police powers) as well as the ‘back end’ (eg prison and probation) of the criminal justice system. Data were collected on the three case studies using a multi-method approach involving examination of extensive quantitative data, interviews with key criminal justice stakeholders and documentary analysis. The data provide some support for the ‘new punitiveness’ thesis in these countries through a pattern of increased legislative activity aimed at controlling violent and sexual offenders and significant increases in the lengths of sentences imposed. However, analysis of qualitative data and a larger number of variables reveals distinctly different patterns of punitiveness over the thirty year period in the three countries. It is argued that the study holds important lessons for comparative criminology into the ‘new punitiveness’. There is a need for qualitative as well as quantitative data; for multiple rather than singular indices across a wide range of areas (juvenile justice, prison conditions, etc); and for ‘front end’ as well as ‘back end’ indices.

A Document in Madness:Ophelia's Music of Insanity

This paper considers the musicological aspects of the songs performed by Ophelia in Shakespeare's Hamlet. It proposes a reconsideration of the concept of madness and insanity by an attentive, attuned and learned listening to the songs sung by Ophelia and the ways in which they are performed and received.

Marginalization, deprivation, and fatalism in the Republic of Ireland. Class and underclass perspectives

The emergence of large-scale long-term unemployment in the Republic of Ireland suggests that it might provide an interesting case to which to apply the concept of an 'underclass'. In this paper we explore the relationship between labour-market marginality, deprivation, and fatalism. The available evidence in relation to both social isolation and milieu effects suggests that the term 'underclass' can have only a very limited applicability in the Irish case. Instead, what we ate confronted with is different types of working-class marginalization arising from the rapid and uneven nature of class transformation in Ireland and changing patterns of emigration. In relation to what we have termed 'pervasive marginalization' the costs of economic change have been borne disproportionately by those members of the younger cohorts originating in the lower working class rather than by those in particular locations. The evidence relating to the social and psychological consequences of labour-market detachment, rather than providing support for the value of an 'underclass' perspective, confirms the continued relevance of class analysis.

Reconceptualising Penality: A comparative perspective on punitiveness in Ireland, Scotland and New Zealand

Drastic increases in the use of imprisonment; the introduction of ‘three strikes’ laws and mandatory sentences; restrictions on parole - all of these developments appear to signify a new, harsher era or ‘punitive turn’. Yet these features of criminal justice are not universally present in all Western countries. Drawing on empirical data, Hamilton examines the prevalence of harsher penal policies in Ireland, Scotland and New Zealand, thereby demonstrating the utility of viewing criminal justice from the perspective of smaller jurisdictions.

This highly innovative book is thoroughly critical of the way in which punitiveness is currently measured by leading criminologists. It is essential reading for students and scholars of criminology, penology, criminal justice and socio-legal studies, as well as criminal lawyers and practitioners.