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Sociology (1,464)
SOC371H5 (18)

Kelly Hannah.docx

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University of Toronto Mississauga
Philip Goodman

Kelly Hannah-Moffat and Paula Maurutto: Shifting and Targeted Forms of Penal Governance: Bail, Punishment, and Specialized Courts  Specialized courts are motivated by therapeutic and preventative goals, and they rely on relationships with local community groups to create a new range of interactions with the court and the offender o Offering an innovative alternative to penal excess by introducing creative ways to administer justice  A focus on assemblages enables a more slightly different understanding of the integration of community into punishment, in ways that move beyond the presumption that the community agencies involved in these courts lack agency and merely act on behalf of the State o Communities are actively involved in developing and implementing these assemblages and practices.  Argue that the preventative therapeutic practices occurring in specialized courts have not eroded punishment— instead, they have reassembled practices of welfare, treatment and punishment and have given rise to new and different forms and logics of punishment. Specialized court practices  Designed as an alternative way to manage the social, treatment and cultural needs of specific populations and to transform the adversarial court process into a more responsive environment  Co-ordinate social services with the goal of imposing meaningful sanctions, enlisting the help of community agencies to keep offenders in the community by providing intensive support, treatment and monitoring in an effort to alter chronic and recurring forms of criminal behavior  Therapeutic justice constructs crime as a symptom of the offenders illness or deficit in his character, and focuses on the offenders rehabilitation within a broader framework of offender accountability and responsibility  Combine legal, therapeutic and welfare knowledge with multidisciplinary team-based regulatory practices Assembling welfare, treatment and punishment  Specialized courts target persistent offenders for a series of pre-sentence interventions that expand the states penal power through non-punitive strategies o To participate in programme, defendants must plead guilty and volunteer to participate in the court (has been characterized as coerced volunteerism) o Offenders informed that if they plead guilty and complete court mandated program they will not be incarcerated and sentenced to a community sentence (probation for example)  Courts, in co-ordination with community partners seek to address the underlying holistic needs of the offender in order to ensure successful completion of a treatment programme and long-term lifestyle changes o Most courts assigned court worked to conduct initial assessments and recommend appropriate and available treatments and social service provisions o Courts provide range of social, physical and mental health services that extend beyond ordinary treatment services (often provide basic welfare assistance) o Offenders access to intensive social welfare services is not voluntary; it coincides with the imposition of a range of more intrusive and disciplinary conditions that ensure and regulate their attendance and compliance with service goals  Courts legitimated as a form of preventative therapeutic justice as an alternative to punishment justice Bail strategies, conditions and specialized courts  Specialized courts attempt to reconcile welfare treatment with punitive and responsibilizing crime-control practices o Depend heavily on bail as a strategy to monitor and facilitate and offenders treatment and progress between legal finding of guild and formal sentencing o Bail used to impose onerous, therapeutically justified conditions on an offenders for extended periods of time thereby intensifying punishment that masked penal and administrative boundaries o Bail used to manage risk, compel treatment and require offenders to use and report to community agencies providing welfare services  Drug treatment courts have most punitive conditions o Offenders undergo an extensive assessment process with a treatment centre and others, including the presiding judge o Courts monitor offenders by requiring them to appear before the court regularly o Each meeting offenders as
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