Social Rehabilitation and Criminal Justice

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.

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