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Universal human rights standards were adopted in 1948, but in the 1970s and 1980s, violent dictatorships in Argentina and Chile flagrantly defied the new protocols. Chilean general Augusto Pinochet and the Argentine military employed state terrorism in their quest to eradicate Marxism and other forms of “subversion.” Pinochet constructed an iron shield of impunity for himself and the military in Chile, while in Argentina, military pressure resulted in laws preventing prosecution for past human rights violations. When democracy was reestablished in both countries by 1990, justice for crimes against humanity seemed beyond reach. Thomas C. Wright examines how persistent advocacy by domestic and international human rights groups, evolving legal environments, unanticipated events that impacted public opinion, and eventual changes in military leadership led to a situation unique in the world—the stripping of impunity not only from a select number of commanders of the repression but from all those involved in state terrorism in Chile and Argentina. This has resulted in trials conducted by national courts, without United Nations or executive branch direction, in which hundreds of former repressors have been convicted and many more are indicted or undergoing trial. Impunity, Human Rights, and Democracy draws on extensive research, including interviews, to trace the erosion and collapse of the former repressors’ impunity—a triumph for human rights advocates that has begun to inspire authorities in other Latin American countries, including Peru, Uruguay, Brazil, and Guatemala, to investigate past human rights violations and prosecute their perpetrators.

Impunity --- Human rights --- Democracy

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strafvordering --- Criminal law. Criminal procedure --- Criminology. Victimology --- strafrechtstoepassingen --- Corrections --- Justice, Administration of --- Punishment --- Penalties (Criminal law) --- Penology --- Impunity --- Retribution --- Administration of justice --- Law --- Courts --- Correctional services --- Criminal justice, Administration of --- Law and legislation

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This volume in the series Sociology of crime, law, and deviance deals with aspects of punishment, including sentencing, incarceration, and prison conditions, in a variety of settings at local, national, and/or regional levels. The book brings together some 14 scholars to contribute their respective chapters, each of the authors drawn from various parts of the world, thus ensuring a global perspective. The chapters in this volume address specific aspects of punishment, prisons, and incarceration based on the authors unique specialty and setting. The focus is explicitly comparative, analyzing punishment in different national and regional settings, and thus seeks to offer a global orientation. Both thematically and regionally diverse within the province of social and behavioral studies devoted to the study of punishment and incarceration, the chapters in this volume are also diverse in terms of theoretical approach and methodological orientation.

Imprisonment. --- Confinement --- Incarceration --- Corrections --- Detention of persons --- Punishment --- Prison-industrial complex --- Prisons --- School-to-prison pipeline --- Law --- Social Science --- Penology & punishment. --- Prisons. --- Crime & criminology. --- Punishment. --- Criminal Law --- General. --- Criminology. --- Penalties (Criminal law) --- Penology --- Impunity --- Retribution

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"For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading-relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence-moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional. Since the publication of Michelle Alexander's The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration. "--

Prisons --- Correctional law --- Administration of criminal justice --- Punishment --- Law and legislation --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution --- Criminal justice, Administration of --- Justice, Administration of --- Crime --- Criminal law --- Criminals --- Prisons - Law and legislation - United States --- Correctional law - United States --- Administration of criminal justice - United States --- Punishment - Law and legislation - United States --- Etats-Unis

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In this follow up to I Was Wrong: The Meanings of Apologies, Nick Smith expands his ambitious theories of categorical apologies to civil and criminal law. After rejecting court-ordered apologies as unjustifiable humiliation, this book explains that penitentiaries were originally designed to bring about penance - something like apology - and that this tradition has been lost in the assembly line of mass incarceration. Smith argues that the state should modernize these principles and techniques to reduce punishments for offenders who demonstrate moral transformation through apologizing. Smith also explains the counterintuitive situation whereby apologies come to have considerable financial worth in civil cases because victims associate them with priceless matters of the soul. Such confusions allow powerful wrongdoers to manipulate perceptions to disastrous effect, such as when corporations or governments assert that apologies do not equate to accepting blame or require reform or redress.

Law --- Apologizing. --- Remorse. --- Punishment. --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution --- Jurisprudence --- Juridical psychology --- Juristic psychology --- Legal psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Psychology, Applied --- Therapeutic jurisprudence --- Remorsefulness --- Reproach of self --- Self-reproach --- Emotions --- Apology (Psychology) --- Social interaction --- Psychological aspects. --- Philosophy. --- Psychology