Carolyn Strange

Qualities of Mercy deals with the history of mercy, the remittance of punishments in the criminal law. The writers probe the discretionary use of power and inquire how it has been exercised to spare convicted criminals from the full might of the law. Drawing on the history of England, Canada, and Australia in periods when both capital and corporal punishment were still practised, they show that contrary to common assumptions the past was not a time of unmitigated terror and they ask what inspired restraint in punishment. They conclude that the ability to decide who lived and died -- through the exercise or denial of mercy -- reinforced the power structure.

Justice, Punishment, and Discretion

Qualities of Mercy

Alison Bashford

This book examines the coercive and legally sanctioned strategies of exclusion and segregation undertaken over the last two centuries in a wide range of contexts. The political and cultural history of this period raises a number of questions about coercive exclusion. The essays in this collection examine why isolation has been such a persistent strategy in liberal and non-liberal nations, in colonial and post-colonial states and why practices of exclusion proliferated over the modern period, precisely when legal and political concepts of 'freedom' were invented. In addition to offering new perspectives on the continuum of medico-penal sites of isolation from the asylum to the penitentiary, Isolation looks at less well-known sites, from leper villages to refugee camps to Native reserves.

Places and Practices of Exclusion

Isolation

The techniques, rationales, targets and sites of exclusionary practices proliferated over the 19th and 20th centuries, from the transportation of convicts to the moral therapy of the insane. Over this period state agencies and expert authorities refined their efforts to classify and coercively segregate people deemed to be undesirable or dangerous. Populations and individuals categorised as the mad, the infectious, the deviant or the unfit were confined to specific isolated places and were subjected to treatments that spanned correction, care and control. This book examines the coercive and legally sanctioned strategies of exclusion and segregation undertaken over these two centuries in a wide range of contexts. The political and cultural history of this period raises a number of questions about coercive exclusion. The essays in this collection examine why isolation has been such a persistent strategy in liberal and non-liberal nations, in colonial and post-colonial states and why practices of exclusion proliferated over the modern period, precisely when legal and political concepts of freedom were invented.

From Confederation to the partial abolition of the death penalty a century later, defendants convicted of sexually motivated killings and sexually violent homicides in Canada were more likely than any other condemned criminals to be executed for their crimes. Despite the emergence of psychiatric expertise in criminal trials, moral disgust and anger proved more potent in courtrooms, the public mind, and the hearts of the bureaucrats and politicians responsible for determining the outcome of capital cases. Wherever death has been set as the ultimate criminal penalty, the poor, minority groups, and stigmatized peoples have been more likely to be accused, convicted, and executed. Although the vast majority of convicted sex killers were white, Canada’s racist notions of "the Indian mind" meant that Indigenous defendants faced the presumption of guilt. Black defendants were also subjected to discriminatory treatment, including near lynchings. In debates about capital punishment, abolitionists expressed concern that prejudices and poverty created the prospect of wrongful convictions. Unique in the ways it reveals the emotional drivers of capital punishment in delivering inequitable outcomes, The Death Penalty and Sex Murder in Canadian History provides a thorough overview of sex murder and the death penalty in Canada. It serves as an essential history and a richly documented cautionary tale for the present.

The Death Penalty and Sex Murder in Canadian History

Christopher E. Forth

Robert Cribb

Honour, Violence and Emotions in History is the first book to draw on emerging cross-disciplinary scholarship on the study of emotions to analyse the history of honour and violence across a broad range of cultures and regions. Written by leading cultural and social historians from around the world, the book considers how emotions - particularly shame, anger, disgust, jealousy, despair and fear - have been provoked and expressed through culturally-embedded and historically specific understandings of honour. The collection explores a range of contexts, from 17th-century China to 18th-century South Africa and 20th-century Europe, offering a broad and wide-ranging analysis of the interrelationships between honour, violence and emotions in history. This ground-breaking book will be of interest to all researchers studying the relationship between violence and the emotions.

Honour, Violence and Emotions in History

Aisha K. Gill

Karl Roberts

This interdisciplinary collection provides a compelling analysis of the practices and beliefs that lead to violence against women, men and children in the name of 'honour', with a range of international insights from criminology, psychology, law and history. The volume advances legal and theoretical debates through the analysis of established research and presents new evidence and insights, addressing key questions such as: What psychological processes are relevant in the motivation of honour violence? Under what historical circumstances, and through what strategies, have honourable masculinity and violence been dissociated? Can honour be reconceptualised in ways that challenge violent practices justified in its name? By locating 'honour' killing and 'honour' based violence within and beyond debates on violence against women and girls, this collection offers recommendations to inform both theory and practice, making this an essential resource for teachers and students, health professionals, police officers, lawyers, social workers, policy-makers, and activists working against gendered forms of violence.

Theory, Policy and Practice

'Honour' Killing and Violence

The pardon is an act of mercy, tied to the divine right of kings. Why did New York retain this mode of discretionary justice after the Revolution? And how did governors’ use of this prerogative change with the advent of the penitentiary and the introduction of parole? This book answers these questions by mining previously unexplored evidence held in official pardon registers, clemency files, prisoner aid association reports and parole records. This is the first book to analyze the histories of mercy and parole through the same lens, as related but distinct forms of discretionary decision-making. It draws on governors’ public papers and private correspondence to probe their approach to clemency, and it uses qualitative and quantitative methods to profile petitions for mercy, highlighting controversial cases that stirred public debate. Political pressure to render the use of discretion more certain and less personal grew stronger over the nineteenth century, peaking during constitutional conventionsand reaching its height in the Progressive Era. Yet, New York’s legislators left the power to pardon in the governor’s hands, where it remains today. Unlike previous works that portray parole as the successor to the pardon, this book shows that reliance upon and faith in discretion has proven remarkably resilient, even in the state that led the world toward penal modernity.

Carolyn Strange

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