SOC 3740 Chapter Notes - Chapter online article: Penology, The Crowns, Identity Politics
2 Feb 2017
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Document Summary
Implicit in the conception of the new penology is the assumption that current penal practice has undergone a decisive break with past penal practice. What this literature suggests is that disciplinary society that emerged during the 19th century is currently being replaced by postmodern society that is primarily concerned with the principle of risk management. According to the literature criminal justice policies have shifted focus away from the individual and towards assessing and redistributing risk according to mathematical formulate based largely on past experience. Unlike the sentencing stage of the criminal court process, there is not legal mandate to punish, deter or rehabilitate offenders when making decisions about their pre trial liberty. First of all, pre trial incarceration represents a fundamental denial of freedom for individuals who have not yet been proven guilty of a crime. Pre-trial detention has been shown to produce a number of subsequent legal consequences.
