Scandinavian Exceptionalism in an Era of Penal Excess: Part II: Does Scandinavian Exceptionalism Have a Future?

Pratt, John

doi:10.1093/bjc/azm073

Cited by 179 publications

(135 citation statements)

References 42 publications

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“…Penal and prison policies that are practiced in Norway and the Scandinavian countries, however, differ from practices in the USA. The penal policies of the Scandinavian countries have been called 'Scandinavian exceptionalism', a term referring to consistently low rates of imprisonment and comparatively humane prison conditions (Pratt 2008a(Pratt , 2008b. This Nordic culture of control is embedded in a strong welfare state.…”

Section: Introductionmentioning

confidence: 99%

Sentencing offenders with disabilities

Dullum

2015

Scandinavian Journal of Disability Research

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Offenders with disabilities have a vulnerable status in prison. Due to inadequate facilities and a lack of care available to address their special needs in prison, their health may even deteriorate from imprisonment. The prisons carry out the sentences decided by the courts. It is therefore of interest to examine how the courts mete out punishment when the defendant has a disability. How are offenders with disabilities 'seen' and perceived by the penal law and the penal courts? Does the disability matter when the court metes out the sentence, and if so, in what way? Should disability matter as a mitigating circumstance? How should offenders with disabilities be dealt with in the criminal justice system? These questions are addressed in this article.

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Section: Introductionmentioning

confidence: 99%

Sentencing offenders with disabilities

Dullum

2015

Scandinavian Journal of Disability Research

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“…She has emphasized that European states are constitutional democracies strongly oriented towards the welfare state, democracy and human rights. These fundamental orientations, which can be found most clearly in many continental Western European states, and particularly in Scandinavian states (Lappi-Seppälä 2007;, serve as 'protective factors' against penal populism (see also Pratt 2008;2008a).…”

Section: Discussionmentioning

confidence: 99%

Juvenile Justice Systems in Europe – Reform developments between justice, welfare and ‘new punitiveness’1

Dünkel¹

2014

CrimLithuan

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Abstract. This article evaluates youth justice policies and practice in Europe from a comparative perspective. The focus is on tendencies in youth justice legislation and on the sentencing practice of prosecutors and judges in youth courts. Attention is also paid to the traditional ‚welfare' and ‚justice' models of youth justice and how they have become intertwined in modern European practice. Against this background of a range of old and newly prominent ideas combined with somewhat fractured models, one can identify a number of reform strategies. Despite obvious and undeniable national particularities, there is a recognisable degree of convergence among the systems in Western, Central and Eastern Europe. Even if reform developments in juvenile justice legislation do not confirm a ‚punitive turn' it would be possible that sentencing practices in some or many countries follow the ‚getting tough'-approach in order to fulfill public demands on reacting towards juvenile delinquency by more severe sanctioning.

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“…This 'virtuous' result occurred despite the fact that this political alliance, in its formative stage, had contributed to the prolongation of the punitive turn in relation to a wave of 'penal populism from below'. I think that it is as important to analyze why a punitive turn does not occur, is interrupted or reversed in different scenarios as it is to describe and understand it, and already there exists an emerging literature on the subject (Nelken 2005;O'Malley and Meyer 2005;Pratt 2007Pratt , 2008aPratt , 2008bVan Swaaningen 2013).…”

Section: Crosscurrentsmentioning

confidence: 99%

A Postneoliberal Turn? Variants of the Recent Penal Policy in Argentina

Sozzo

2017

Int J for Crime, Justice & Social Democracy

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This paper analysed the connection between the emergence and consolidation of a postneoliberal political program and alliance -Kirchnerism -and penal policies in Argentina. Three key moments are identified in this recent period. After the experience of an intense punitive turn during the 1990s and early 2000s, Kirchnerist political alliances tried to deploy a progressive political discourse and agenda on penal issues. Nevertheless, this initially coincided with a strong wave of penal populism 'from below' that continued the precedent trend towards increasing punitiviness. Since 2005, and for a brief moment, this tendency stopped. However, after that and during the presidencies of Fernandez de Kirchner a more volatile and contradictory scenario was generated. The incarceration rate between 2002 and 2014 in Argentina grew substantially as did the rate of convictions. Meanwhile the percentage of suspended sentences as part of the total convictions and the percentage of custodial sanctions both fell. Especially in relation to incarceration, these levels of change are not as stark as those of the preceding decades. However, the trends persist. Therefore, the question of how to transcend the dynamics of the punitive turn remains a pending and urgent political subject. The article argues the importance of analysing why a punitive turn is interrupted and presents an explanation of it. KeywordsIncarceration rates; Argentina; Kirchnerism; penal politics; postneoliberalism.

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Scandinavian Exceptionalism in an Era of Penal Excess: Part II: Does Scandinavian Exceptionalism Have a Future?

Cited by 179 publications

References 42 publications

Sentencing offenders with disabilities

Sentencing offenders with disabilities

Juvenile Justice Systems in Europe – Reform developments between justice, welfare and ‘new punitiveness’1

A Postneoliberal Turn? Variants of the Recent Penal Policy in Argentina

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