Asian Life Imprisonment in Worldwide Perspective

Smit, Dirk van Zyl; Appleton, Catherine

doi:10.1007/978-981-19-4664-6_1

Cited by 6 publications

(10 citation statements)

References 2 publications

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“…6 In the wake of the 2012 Delhi gangrape, the Parliament introduced the punishment of life until natural death for offences of homicidal rape and gangrape. 7 Research has shown that from 2015 to 2019, the Supreme Court and various high courts have converted death sentences to life imprisonment without remission in 29 cases (Dhanuka & Bedi, 2022).…”

Section: The Shifting Contours Of Life Imprisonmentmentioning

confidence: 99%

An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

Kanjilal

2023

Indian Journal of Gender Studies

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The Gujarat government’s decision on 15 August 2022, to release all 11 prisoners sentenced to life imprisonment in the Bilkis Bano case has serious implications, both for the rights of Bilkis Bano herself and the policy landscape around reformative prison measures like remission and premature release. Here I attempt to locate the release within a larger national context wherein carceral notions of justice, typified by longer and harsher prison sentences, are gaining currency both within the government and judiciary. I examine the deeply flawed process by which the prisoners came to be released, highlighting the arbitrariness and legal infirmities that render the government’s decision illegal.

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Section: The Shifting Contours Of Life Imprisonmentmentioning

confidence: 99%

An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

Kanjilal

2023

Indian Journal of Gender Studies

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“…Since 2015, Palgrave Macmillan has successively published 21 books in the book series “Palgrave Advances in Criminology and Criminal Justice in Asia”. The regional contexts of the books in this series involve the whole of Asia (van Zyl Smit et al, 2022), East Asia, South Asia and Southeast Asia. Specifically, the regions in East Asia focused on include mainland China (Bao 2018; Chen 2018; Shen 2014, 2017), Japan (Bui and Farrington 2019; Johnson 2020, 2023; Watson 2016), South Korea (Bax 2017), Taiwan (Berti 2016) and the Hong Kong Special Administrative Region (SAR) (Chan and Ho 2017; Fun 2015; Wong 2016, 2019).…”

Section: The Academic Institutionalization Of Criminology In Asiamentioning

confidence: 99%

Asian Criminology: Its Contribution in Linking Global North and South

Zhang,

Liu

2023

Int. ann. criminol.

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In recent years, Asian criminology and Southern criminology have drawn scholarly attention to the profound divide between Western and non-Western societies, or the Global North and Global South, in criminological knowledge production. Perspectives from Asian and Southern criminology expose these divides and propose critical ways to correct the hegemony of Western over non-Western, or Northern over Southern, knowledge production. For the contemporary movement of decolonization of knowledge, a particular contribution of Asian criminology is to link Western and non-Western, or Northern and Southern, criminological science. As Sandra Walklate concluded, “Asian criminology … stands at the positive intersection of the north–south and east–west in terms of geography and culture. It is well placed to think differently, both conceptually and methodologically, about the criminological enterprise, and the debates that such different thinking might generate.” This article reviews the divide in criminology between the Global North and South. Based on the framework of the Asian criminological paradigm, Asian criminology has made major contributions to bridging the divide between the North and the South through academic institutionalization and theoretical development strategies.

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“…The distinction is hardly semantic: by keeping them within national boundaries, states pledge to observe and control them, and (at least nominally) provide them with an opportunity for rehabilitation, thus paving the way for their future (re)integration. Even in the case of ‘ultimate penalty’ of life imprisonment (van Zyl Smit et al, 2016), convicted offenders enjoy state-guaranteed rights and protections, while their destinies are intimately linked to the state. Similarly, when imprisonment is served in correctional colonies which, in countries such as Russia, amounts to ‘in exile imprisonment’ whereby prisoners come to resemble those who are banished (Piacentini and Pallot, 2013), the state nevertheless maintains close control over them within the polity's physical borders.…”

Section: The ‘Protective’ Function Of Citizenshipmentioning

confidence: 99%

Renouncing criminal citizens: Patterns of denationalization and citizenship theory

Tripkovic

2022

Punishment & Society

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This article examines the underlying aims of denationalization of criminal offenders by framing the discussion within citizenship theory. It argues that such citizenship revocation policies exclude individuals who are perceived as non-ideal citizens under a complex vision of citizenship that combines communitarian and liberal undertones, which has significant consequences for detecting those with weak claims to membership. To develop this argument, the article advances in the following way. I first argue that the ‘protective’ function of citizenship, which has so far shielded domestic offenders from expulsion, has been eroding due to increasing reliance on denationalization. I then show, by employing an original study of European policies, that the ‘protective’ function of citizenship is eroding not only in general terms, but that it furthermore targets citizens of a particular profile that is continuously changing. Finally, I argue that recent revocation policies that are premised on security concerns, promote a complex vision of citizenship that combines elements of communitarian and liberal conceptions of belonging and works to exclude citizens of foreign descent who, at the same time, repudiate liberal values. Consequently, the status of the criminal rather than non-citizen, gains prominence in determining those at risk of exclusion from the polity.

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Asian Life Imprisonment in Worldwide Perspective

Cited by 6 publications

References 2 publications

An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

Asian Criminology: Its Contribution in Linking Global North and South

Renouncing criminal citizens: Patterns of denationalization and citizenship theory

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