1st Edition
Social Rehabilitation and Criminal Justice
This book provides a comprehensive analysis of the current directions in social rehabilitation scholarship and research by bringing together the voices of legal scholars, criminal justice professionals, social scientists, and people directly impacted by criminal justice in a comparative, international, and interdisciplinary fashion.
The volume offers a narrative of social rehabilitation in penal contexts through five main domains: theoretical-philosophical, legal-comparative, human rights, social scientific, lived experience, and policy. Collectively, the contributions provide a systematised examination of the normative facets of social rehabilitation and illustrate avenues for its implementation in criminal justice domains in the full respect of the rights of justice-involved individuals, casting a critical gaze on some the mainstream narratives dominating contemporary penal policy. The overarching legal approach is complemented by a selection of perspectives in social rehabilitation research emanating from social psychology, critical criminology, penology, and neuroscience. These perspectives inform and enrich the legal and jurisprudential debates on the qualification of social rehabilitation as a fundamental goal of justice across domestic and international legal systems.
The book will be of value to academics, practitioners, advocates, and policymakers interested in current research dealing with the problem of punishment and the potential of social rehabilitation to more effectively deal with crime.
List of Contributors xii
Foreword xiv
SHADD MARUNA
Introduction: What is Social Rehabilitation? 1
FEDERICA COPPOLA AND ADRIANO MARTUFI
I
The Normative Facets of Social Rehabilitation: Historical Foundations and Theoretical Perspectives 11
1 The History of Rehabilitation as a Penological Principle 13
EDGARDO ROTMAN
2 Social Rehabilitation as a Constitutional Principle of Justice 27
ANTJE DU BOIS-PEDAIN
3 Social Rehabilitation Through Restoration?: Old Issues and Transformative Perspectives in the Relationship Between Restorative Justice and the Criminal Justice System 53
GRAZIA MANNOZZI
4 Exploring the Relationship Between Social Rehabilitation and Social Justice in Sentencing 70
RALPH HENHAM
5 Social Rehabilitation and Penal Abolitionism 87
SALO DE CARVALHO AND ANDRE GIAMBERARDINO
II
Social Rehabilitation and Law in Action: The Role of Judicial and Non-Judicial Actors 101
6 Social Rehabilitation, European Penology, and Supranational Courts: Is Judicial Activism a Driver for Penal Change? 103
ADRIANO MARTUFI
7 Social Rehabilitation Under the Eighth Amendment of the US Constitution: A Jurisprudential Analysis for Change 126
FEDERICA COPPOLA
8 Civil Society Organisations and Social Rehabilitation: The Case of ‘Antigone’ in Italy 142
PATRIZIO GONNELLA, SUSANNA MARIETTI, AND ALESSIO SCANDURRA
9 Social Rehabilitation and Torture Prevention Bodies in International Human Rights Law: Remits and Roles 155
MARY ROGAN
III
Social Rehabilitation and the Multiple Forms of Legal Punishment 173
10 Solitary Confinement and Social Rehabilitation: A Contradiction in Terms? 175
SHARON SHALEV AND NETANEL DAGAN
11 Social Rehabilitation During and After a Life Sentence: A Human Rights-Based Approach 187
SONJA MEIJER
12 Social Rehabilitation and Community Sentences 199
PETER RAYNOR
13 The (Im)Possible Link Between Social Rehabilitation and Fines: A History of Two Continents 211
PATRICIA FARALDO-CABANA
14 What About Us?: International Gendered Responses Toward the Social Rehabilitation and Reintegration of Justice-Involved Women 230
ROSEMARY BARBERET AND VANESSA GUTIERREZ
IV
Current Directions in Social Rehabilitation Research 249
15 Exploring Social Re/habilitation and Developing a New Conceptualisation of Re/integration 251
ALEJANDRO RUBIO ARNAL AND FERGUS MCNEILL
16 Social Rehabilitation Through Collaborative Education: Justice Ambassadors as a Transformative Programme for Youth Development & Policy Consideration 268
JARRELL DANIELS, BROOKE BURROWS, UNIQUE C. STARKS-TANKSLEY, AND GERALDINE DOWNEY
17 Offering the Possibility of Better Lives: A Strength-Based Approach to Social Reintegration 289
ROXANNE HEFFERNAN AND TONY WARD
18 Peer Mentoring in a Women’s Prisons as a Form of Social Rehabilitation Through Crime Desistance 303
MELISSA HENDERSON AND ROSIE MEEK
19 The Relevance of Neuropsychology for Social Rehabilitation: A Human Rights Perspective 319
SJORS LIGTHART, ESTHER NAUTA, LAURA VAN OPLOO, JESSE MEIJERS, AND GERBEN MEYNEN
Index 335
Biography
Federica Coppola is an assistant professor of law at IE Law School in Madrid, Spain, and a research affiliate at the department of criminal law, Max Planck Institute for the Study of Crime, Security, and Law, Germany.
Adriano Martufi is an assistant professor of criminal law at the University of Pavia, Italy, and a research fellow at the Leiden Law School, the Netherlands.
“Rehabilitation is usually considered as one of the essential aims of punishment. Its precise meaning, though, is controversial from a theoretical perspective; and it is questionable whether current penal practices are shaped in such a way as to effectively pursue rehabilitative aims, however defined. This excellent book contains insightful contributions from experts in this field throughout the world, and sheds light on the many aspects and meanings of “social” rehabilitation in theory and practice. A unique opportunity for academics and students to gain a comprehensive view of a crucial topic in criminal law.”
Francesco Viganò, Italian Constitutional Court and Bocconi University Law School, Italy
“This volume provides an excellent overview of the contemporary discussions about the concept of social rehabilitation, including its historical roots, the framework within international law, and existing models. It should be read by everyone who believes in a more constructive and humane approach when responding to criminal behavior.”
Tatjana Hörnle, Max Planck Institute for the Study of Crime, Security, and Law and Humboldt University of Berlin, Germany
“ ‘Social rehabilitation’ is an important goal of criminal punishments, but raises many questions due to varying definitions, theoretical underpinnings and penal practices. By bringing together legal scholars, penal actors and social scientists, this book offers a comprehensive, comparative, and interdisciplinary analysis of current social rehabilitation scholarship. A must read for all interested in this domain.”
Sonja Snacken, Vrije Universiteit Brussel, Belgium
