The Penal System

The Penal System An Introduction

  • Michael Cavadino - University of Central Lancashire, UK
  • James Dignan - formerly Professor of Comparative Criminology and Criminal Justice at the University of Leeds
  • George Mair - Liverpool Hope University, UK


SAGE Publications Ltd
FormatPublished DateISBNPrice
Contents
 
Preface
 
Companion Website
 
Introduction
 
The Criminal Justice System
 
The Penal Crisis and Strategies for Criminal Justice
 
Notes on Terminology: 'Punishment' and 'System'
 
Crisis? What Crisis?
 
Is there a Crisis?
 
The Orthadox Account of the Crisis
The High Prison Population (The Numbers Crisis)

 
Overcrowding

 
Bad Conditions

 
Understaffing

 
Staff Unrest

 
'Toxic Mix' of Prisoners

 
Riots and Disorder

 
Criticisms of the Orthodox Account

 
 
Improving on the Orthadox Account
The Crisis of Penological Resources

 
The Crisis of Visibility

 
The Crisis of Legitimacy

 
 
Responses to the Crisis
 
A Radical Pluralist Account of the Crisis
 
Justifying Punishment
 
Is Punishment Unjust?
 
Reductivism
Deterrence

 
Incapacitation

 
Reform

 
 
Just Deserts: Retributivism and Denunciation
Retributivism

 
Denunciation

 
 
Restorative Justice
 
Schools of Penal Thought
The Classical School: Deterrence and the Tariff

 
Bentham and Neo-Classicism: Deterrence and Reform

 
Positivism: The Rehabilitative Ideal

 
The Justice Model: Just Deserts and Due Process

 
From Just Deserts to the New Punitiveness - and Beyond?

 
 
Philosophies, Strategies and Attitudes
 
Conclusions: Punishment and Human Rights
 
Explaining Punishment
 
The Sociology of Punishment
 
The Marxist Tradition
Economic Determinism: Rusche and Kirchheimer

 
Ideology and Hegemony: The Legacy of Gramsci

 
Structuralist Marxism and Althusser

 
Post-Structuralism, Discipline and Power: Michel Foucault

 
Humanistic Materialism: The Case of E. P. Thompsom

 
 
The Durkheimian Tradition
 
The Weberian Tradition
 
Pluralism and Radical Pluralism
 
Applying Penal Sociology
The New Penology and The New Punitiveness

 
Comparative Penology and the New Punitiveness

 
 
Sentencing: The Crux of the Crisis
 
The Crux of the Crisis
 
Who Are the Sentencers?
 
Constraints on the Powers of Sentencers
Judical Independence and Traditional English Sentencing

 
Confining Discretion

 
Checking Discretion: Appeals

 
Structuring Discretion: Principles and Guidelines

 
The Current Legal Framework of Sentencing

 
 
A Brief, Tangled Recent History of Sentencing
1991: From the Strategy of Encouragement to Just Deserts

 
1992-97: The Law and Order Counter-Reformation

 
New Labour, Mixed Messages

 
Coalition False Dawn

 
 
A Rational Approach?
 
Punishment in the Community
 
Community Punishment in a Rapidly Changing Penal Landscape
 
Non-Custodial Punishment: the Current Sentencing Framework
Nominal and Warning Penalties

 
Financial Penalties

 
Compensatory Penalties

 
Reparative Penalties and Restorative Justice Approaches

 
Supervisory Penalties and the Changing Role of the Probation Service

 
Community Payback (Community Service or Unpaid Work)

 
Surveillance and Restrictions on Movement: Curfews and Electronic Monitoring

 
'Hybrid Penalties'

 
 
Community Punishment: Strategic Issues
Changing Penal Strategies and their Impact on the Use of Imprisonment and Community Punishment

 
Enforcement of Community Sentences: Sticks or Carrots?

 
'Sentence Management' and the Changing Role of the Judiciary

 
Effectiveness of Community Sentences

 
Contestability and Privatization

 
 
Shifting Patterns of Penality: Theoretical Reflections
Scull's 'Decarceration' Thesis

 
Cohen and Mathiesen: the 'Dispersal of Discipline' Thesis

 
Bottoms' 'Juridical Revival' Thesis

 
 
Conclusion: The Future of Punishment?
 
Prisons and the Penal Crisis
 
Overview
 
The Aims and Functions of Imprisonment
Official Aims of Imprisonment

 
Social Functions of Imprisonment

 
 
The Prison System
The Prisons and the Prisoners

 
Privatization

 
The Debate Around Prison Privatization

 
Privatization and the Crisis of Resources

 
 
Key Phases in Recent Prison Policy-Making
1995-1999: The Security and Control Agenda - Post-Woolf Backlash

 
1999-2002: 'Decency Agenda' and 'Effectiveness Credo' - The Quest for a Balanced Approach

 
2002-2006: Keeping the Lid On - Pragmatism Reasserts Itself

 
2006-2012: Where do we go From Here?

 
 
The Prison System and its Crises
The Managerial Crisis

 
The Crises of Containment and Security

 
The Prison Numbers Crisis and the Problem of Overcrowding

 
The Crisis of Conditions

 
The Crises of Control and Authority

 
The Crisis of Accountability

 
The Crisis of Legitimacy and How to Tackle it

 
 
Early Release: The Penal System's Safety Valve
 
Early Release: Useful, Controversial, Troublesome
 
History of Early Release
From Remission to Automatic Early Release

 
Parole (Discretionary Early Release)

 
 
Early Release Today
Fixed-term (Determinate) Sentences

 
Extended Sentences (Extended Determinate Sentences)

 
Life Imprisonment and Imprisonment for Public Protection

 
The Parole Board

 
 
Conclusion: Early Release Evaluated
 
The Youth Justice System
 
Young People, Crime and the Penal Crisis
 
Responding to Youth Crime: Models of Youth Justice
The Welfare Model

 
The Justice Model

 
Minimum Intervention and Systems Management

 
The Restorative Justice Model

 
Neo-Correctionalism

 
 
Neo-Correctional Youth Justice, 1997
 
Responding to Youth Crime: the Youth Justice System in Operation
 
Concluding Assessment: No More Excuses?
 
Bias in the Criminal Justice System
 
Introductory
 
Class
 
Race
 
Gender
 
Solving the Crisis?
 
A Grim Fairy Tale
 
Responses to the Crisis, 1970-2006
From Positivism to Law and Order with Bifurcation: 1970-1987

 
Just Deserts and Punishment in the Community: 1987-1992

 
Law and Order Reinvigorated: 1993-1997

 
'Tough On Crime, Tough On the Causes of Crime': New Labour, 1997-2010

 
Coalition False Dawn: 2010 Onwards

 
 
How to Solve the Crisis
Approaches to the Penal Crisis

 
Measures to Solve the Crisis

 
The Prospects

 
 
Glossary of Key Terms
 
References
 
Index
Independent Customer Reviews

While there is clearly a great deal of researched and developed expertisecontained in this book, it lacks experiential insights into the penal system whichmeans that some of the theories explored are untested. The book is, however, a positive contribution to undergraduate studies in terms of understanding the criminal justice system at a macro level; and it may represent a valuable resource to other authors and researchers. While I have outlined some of my reservations above I would, nonetheless recommend it as prerequisite reading for those wishing to further their theoretical understanding of the penal system.

Gary Monaghan, Prison Governor, HMP Wormwood Scrubs
Probation Journal

From its original publication onwards, The Penal System has proved itself a sure and authoritative guide to the post-war history and character of the penal system of England and Wales. Unrivalled as a textbook on the subject, its authors, now strengthened by the addition of George Mair, combine the analysis of trends with a clear sense of narrative and an eye for the telling detail. It is a masterly achievement, invaluable for students and teachers alike.
David Downes
Professor Emeritus of Social Policy, The Mannheim Centre for Criminology and Criminal Justice, London School of Economics


I have read successive editions of The Penal System since I was an undergraduate. It has been an indispensible companion on my journey through the criminal justice system. Today it continues to be a vital resource for critically examining and understanding the use of punishment in England and Wales.
Dr. Jamie Bennett
Research Associate, Centre for Criminology, University of Oxford


The Penal System, written by three heavyweights of penological study, is an excellent introductory text for anyone interested in this area. It is intelligently written and explains complex issues in an accessible and engaging way. I will definitely be recommending this to my Penology Students.
Dr. Karen Harrison
Senior Lecturer in Law, University of Hull


This is one of two essential textbooks for my module 'Criminal Justice and the Penal System' and copies are available in the library ( 1 per 10 students) for the students taking this class.

Ms Janice Holloway
Law & Criminology, Aberystwyth University
June 13, 2016

This book gives wider reading in terms of penology. It is a one sided argument about the failings of the penal system, but this is highlighted from the start.

Mr Darren Woodward
Social Science , Grimsby Institute of HE & FE
June 6, 2016

A good textbook with a contemporary approach and easy to read

Ms Lorna Harris
Hillsborough College, Sheffield College
April 13, 2016
Contributors: 

Mick Cavadino

Michael Cavadino, who is Emeritus Professor of Law at the University of Central Lancashire, is an internationally known author and researcher in the fields of penology (the study of punishment) and mental health law. He is co-author of the leading textbook on the penal system of England and Wales (M Cavadino, J Dignan and G Mair, The Penal System: An Introduction, 5th ed., Sage Publications 2013). His other works include Mental Health Law in Context: Doctors' Orders? (Dartmouth, 1989) and M Cavadino and J Dignan, Penal Systems: A Comparative Approach (Sage Publications, 2006).

James Dignan

George Mair

George Mair is Professor of Criminal Justice and Head of the Department of Social Science at Liverpool Hope.  Previously (1995-2012), he was Professor of Criminal Justice in the School of Law at Liverpool John Moores University; and prior to that (1979-1995) he was a member of the Home Office Research and Planning Unit, latterly as Principal Research Officer leading a team carrying out research and policy-advice on community penalties.  He has been a member of the Merseyside Probation Board (2001-2007), and a member of the Liverpool Crime and Disorder Reduction Partnership (1999-2006).