Taking Rights Seriously.

This paper extends Tyler’s procedural justice model of public compliance with the law. Analysing data from a national probability sample of adults in England and Wales, we present a new conceptualisation of legitimacy based not just on the recognition of power but also the justification of power. We find that people accept the police’s right to dictate appropriate behaviour, not only when they feel a duty to obey officers, but also when they believe that the institution acts according to a shared moral purpose with citizens. Highlighting a number of different routes by which institutions can influence citizen behaviour, our broader normative model provides a better framework for explaining why people are willing to comply with the law.

/pdf/why-do-people-comply-with-the-law-legitimacy-and-the-42srica8fg.pdf

Why Do People Comply with the Law? Legitimacy and the Influence of Legal Institutions

This paper extends Tyler's procedural justice model of public compliance with the law. Analysing data from a national probability sample of adults in England and Wales, we present a new con- ceptualization of legitimacy based on not just the recognition of power, but also the justification of power. We find that people accept the police's right to dictate appropriate behaviour not only when they feel a duty to obey officers, but also when they believe that the institution acts according to a shared moral purpose with citizens. Highlighting a number of different routes by which institu- tions can influence citizen behaviour, our broader normative model provides a better framework for explaining why people are willing to comply with the law.

/pdf/why-do-people-comply-with-the-law-legitimacy-and-the-547oe4jvn8.pdf

Why do People Comply with the Law? Legitimacy and the Influence of Legal Institutions

Over the last two decades, and in the wake of increases in recorded crime and other social changes, British criminal justice policy has become increasingly politicised as an index of governments' competence. New and worrying developments, such as the inexorable rise of the US prison population and the rising force of penal severity, seem unstoppable in the face of popular anxiety about crime. But is this inevitable? Nicola Lacey argues that harsh 'penal populism' is not the inevitable fate of all contemporary democracies. Notwithstanding a degree of convergence, globalisation has left many of the key institutional differences between national systems intact, and these help to explain the striking differences in the capacity for penal tolerance in otherwise relatively similar societies. Only by understanding the institutional preconditions for a tolerant criminal justice system can we think clearly about the possible options for reform within particular systems.

https://socialsciences.exeter.ac.uk/media/universityofexeter/collegeofsocialsciencesandinternationalstudies/lawimages/hamlyntrust/Lacey.pdf

The prisoners' dilemma political economy and punishment in contemporary democracies

Since their creation, the European Union and the Council of Europe have worked to harmonise the justice systems of their member states. This project has been met with a series of challenges. European Criminal Law offers a compelling insight into the development and functions of European criminal law. It tracks the historical development of European criminal law, offering a detailed critical analysis of the criminal justice systems responsible for its implementation. While the rapid expansion and transnationalisation of criminal law is a necessary response to the growing numbers of free movement of persons and goods, it has serious implications for the rights of European citizens and needs to be balanced with rights protections. With its close analysis of secondary legislation and reliance on a wide variety of original sources, this book provides a thorough understanding of European Criminal Law and the institutions involved.

European Criminal Law

Contents Table of Contents Preface 1. The History of European Prison Law and Policy 2. Context and Theory 3. Basic Principles 4. Conditions of Imprisonment 5. The Prison Regime 6. Contact with the Outside World 7. Good Order 8. Release 9. The Future of European Prison Law and Policy Bibliography Official Documents Table of Cases Table of International Conventions, Treaties, Instruments and Standards Table of National Legislation Index

/pdf/principles-of-european-prison-law-and-policy-penology-and-443nsuc8fk.pdf

Principles of European Prison Law and Policy: Penology and Human Rights

Prisons and their moral performance

Part 1 1. Introduction, Nicola Padfield, Dirk van Zyl Smit and Frieder Dunkel 2. The European Dimension to the Release of Sentenced Prisoners, John R. Spencer and Dirk van Zyl Smit Part 2: Country Perspectives 3. Austria, Karin Bruckmuller and Veronika Hofinger 4. Belgium, Sonja Snacken, Kristel Beyens and Marie-Aude Beernaert 5. England and Wales, Nicola Padfield 6. Finland, Tapio Lappi-Seppala 7. France, Kim Reuflet 8. Germany, Frieder Dunkel and Ineke Pruin 9. Greece, Leonidas K. Cheliotis with the Assistance of Ioannis Papageorgiou 10. Ireland, Thomas O'Malley 11. Italy, Alessandra Gualazzi and Chiara Mancuso 12. The Netherlands, Martin Moerings 13. Scotland, Douglas Thomson 14. Slovenia, Katja Sugman Stubbs and Matjaz Ambroz 15. Spain, Jose Cid and Beatriz Tebar Part 3: Converging Themes 16. Concluding Thoughts, Nicola Padfield, Dirk van Zyl Smit and Frieder Dunkel

Release from Prison : European Policy and Practice

This book describes the purposes and other aspects of imprisonment in various societies, addressing broad questions of penal policy Twenty-three national overviews generally discuss quantitative developments, types of prisons, organisational structures, the legal framework and specific problems such as complaints procedures, judicial control of prison administration, medical treatment of prisoners, prison labour, visits and outside contacts, security measures, control of the early release of sentenced prisoners, etc The country reports included are: Austria, Belgium, Czechoslovakia, Denmark, England and Wales, Federal Republic of Germany, France, German Democratic Republic, Hong Kong, Hungary, Italy, Japan, The Netherlands, The People's Republic of China, Poland, Scotland, South Africa, Spain, Sweden, Switzerland, United States and the United Nations

Imprisonment today and tomorrow : international perspectives on prisoners' rights and prison conditions

In Vinter and Others v United Kingdom, 1 the Grand Chamber of the European Court of Human Rights ruled that all offenders sentenced to life imprisonment had a right to both a prospect of release and a review of their sentence. Failure to provide for these twin rights meant that the applicants had been deprived of their right under Article 3 of the European Convention on Human Rights (ECHR) to be free from inhuman or degrading treatment or punishment. Two principles established in this judgment require changes in the enforcement of whole life orders that prevent some prisoners sentenced to life terms from being considered for release. (1) Implicit in the right to a prospect of release is a right to an opportunity to rehabilitate oneself. (2) Implicit in the right to review of the continued enforcement of a life sentence is a right to a review that meets standards of due process. This article focuses on the type of review now required to satisfy these principles. Such a review, a Vinter review, differs from the re- view by the Parole Board currently required in England and Wales after an offender has served a minimum period set by the sentencing court, a post-tariff review. The key difference is that in a Vinter review all the penological justifications for the original sentence—including the seriousness of the offence—must be reviewed to determine whether the balance between them has changed and continued detention is justified. In contrast, the post-tariff review is limited to a review of the risk to society posed by the offender, as detention for the minimum period is deemed sufficient for retribution and deterrence. Both the Vinter review and the post-tariff review should be undertaken

Dirk van Zyl Smit

Papers

Principles of European Prison Law and Policy: Penology and Human Rights

Prisons and their moral performance

Release from Prison : European Policy and Practice

Imprisonment today and tomorrow : international perspectives on prisoners' rights and prison conditions

Whole Life Sentences and the Tide of European Human Rights Jurisprudence: What Is to Be Done?