Showing papers in "Criminology & Criminal Justice in 2018"
TL;DR: In this article, the authors assess three approaches to domestic violence: two that use the concept of coercive control and one that uses domestic violent crime, and conclude that the notion of domestic violence is preferable to coercive control when seeking to explain variations in domestic violence.
Abstract: The article assesses three approaches to domestic violence: two that use the concept of ‘coercive control’ and one that uses ‘domestic violent crime’. These are: Stark’s concept of coercive control; Johnson’s distinction between situational couple violence and intimate terrorism, in which coercive control is confined to the latter; and that of domestic violent crime, in which all physical violence is conceptualized as coercive and controlling. The article assesses these three approaches on seven issues. It offers original analysis of data from the Crime Survey for England and Wales concerning variations in repetition and seriousness in domestic violent crime. It links escalation in domestic violent crime to variations in the economic resources of the victim. It concludes that the concept of domestic violent crime is preferable to that of coercive control when seeking to explain variations in domestic violence.
103 citations
TL;DR: This article explored how women's engagement with the legal system is frequently experienced as an extension of an intimate partner's coercive control and concluded that improved understanding of domestic and family violence as coercive control by legal actors may help to circumvent the opportunities for legal systems abuse.
Abstract: This article considers how legal engagement can be an opportunity to exercise coercive control over a former intimate partner. Drawing on interviews with 65 women who engaged with the legal system as a result of violence in their intimate relationships, this article explores how women’s engagement with the legal system is frequently experienced as an extension of an intimate partner’s coercive control. It builds on existing research showing how legal processes provide an opportunity for perpetrators to continue and even expand their repertoire of coercive and controlling behaviours post-separation. I refer to this as legal systems abuse. This article explores women’s reported experiences and considers how expectations of equality of access to justice and fair hearing; concepts that underpin legal processes, can be reconciled with legal engagements that seek to end coercive and controlling behaviours. The article concludes that improved understanding of domestic and family violence as coercive control by legal actors may help to circumvent the opportunities for legal systems abuse.
65 citations
TL;DR: In 2015, a new offence of controlling or coercive behaviour was introduced in England and Wales with the aim of improving legal responses to intimate partner violence as discussed by the authors, which is a new crime in the UK.
Abstract: In 2015 in England and Wales a new offence of controlling or coercive behaviour was introduced with the aim of improving legal responses to intimate partner violence. Recognizing the historical lim...
57 citations
TL;DR: The core conditions of peer mentoring have been discussed in this article, where the core conditions for peer mentorship are described as follows, i.e., the following four conditions:
Abstract: Buck, G., The core conditions of peer mentoring, Criminology & Criminal Justice. Copyright © [2017]. Reprinted by permission of SAGE Publications.
51 citations
TL;DR: In this paper, the authors used data from two mixed methods multi-site studies to investigate the extent to which the work of domestic abuse practitioners is informed by an understanding of coercive control.
Abstract: Coercive control is harmful behaviour recently criminalized in England and Wales. The extent to which the work of practitioners is informed by an understanding of coercive control therefore requires investigation. Using data from two mixed methods multi-site studies, this article suggests that practitioners’ recognition of coercive control does not seem to be universally poor or skilled, but rather depends on the characteristics of the situation itself, the organizational context in which practitioners work and the stage at which they are evaluating whether coercive control is present. The absence of a clear understanding of the importance of coercive control when making judgements about victims and perpetrators has serious implications for the efficacy of current approaches to domestic abuse. Purposeful and systematic efforts to support practitioners to recognize and respond effectively to coercive control are required.
45 citations
TL;DR: In this paper, the authors proposed a criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to...
Abstract: Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to...
40 citations
TL;DR: The need for fresh responses to hate crime has become all the more apparent at a time when numbers of incidents have risen to record levels, both within the UK and beyond.
Abstract: The need for fresh responses to hate crime has become all the more apparent at a time when numbers of incidents have risen to record levels, both within the UK and beyond. Despite progress within the domains of scholarship and policy, these escalating levels of hate crime – and the associated increase in tensions, scapegoating and targeted hostility that accompanies such spikes – casts doubt over the effectiveness of existing measures and their capacity to address the needs of hate crime victims. This article draws from extensive fieldwork conducted with more than 2000 victims of hate crime to illustrate failings in relation to dismantling barriers to reporting, prioritizing meaningful engagement with diverse communities and delivering effective criminal justice interventions. It highlights how these failings can exacerbate the sense of distress felt by victims from a diverse range of backgrounds and communities, and calls for urgent action to plug the ever-widening chasm between state-level narratives an...
38 citations
TL;DR: The Scottish Government has adopted a gendered definition of domestic abuse which explicitly positions it as both a cause and a consequence of gender inequality as mentioned in this paper, which has been criticised by some women.
Abstract: Since 2000, the Scottish Government has adopted a gendered definition of domestic abuse which explicitly positions it as both a cause and a consequence of gender inequality. Following the launch of...
34 citations
TL;DR: In this paper, the authors consider the processes through which some police officers with mental ill-health experience stigmatisation in police organisations and suggest that in order to tackle these negative attitudes constabularies must do more to address the processes of stigmatisation associated with mental health at the individual and institutional levels.
Abstract: This article considers the processes through which some police officers with mental ill-health experience stigmatisation in police organisations. Situated in the sociological framework of Goffman (1963) and in modified labelling theory (Link et al. 2004, inter alia) it draws on the findings of a qualitative study and examines the sources of stigma embedded in police work, the consequences of stigma for the labelled officer, the nature of any resistance to the application of the label, and approaches to challenging stigma within the policing context. It suggests that in order to tackle these negative attitudes constabularies must do more to address the processes of stigmatisation associated with mental ill-health at the individual and institutional levels.
34 citations
TL;DR: In this paper, the authors examine the persistently antagonistic relationship between the provisions of international human rights instruments and the nature and direction of youth justice reform in England and Wales over the past quarter-century.
Abstract: This article examines critically the persistently antagonistic relationship – across the past quarter-century – between the provisions of international human rights instruments and the nature and direction of youth justice reform in England and Wales. It introduces the core provisions of the human rights framework that pertain to youth justice and it sketches the nature and direction of policy reform over the 25-year period under scrutiny (1991–2016). To obtain a comprehensive sense of the relationship between human rights and youth justice reform in the jurisdiction, it applies a detailed systemic analysis; beginning at the point at which criminal responsibility is formally imputed and progressing through each stage of the youth justice system, up to the point where the child might ultimately be deprived of her/his liberty. By taking a ‘long-view’ of youth justice reform and by adopting a systemic end-to-end analysis of the human rights–youth justice interface, the article presents an analytical account of both change (policy reforms) and continuity (the enduring nature of human rights violations).
30 citations
TL;DR: The regulation of sex work continues to be a divisive topic in England and internationally as mentioned in this paper, and policies governing the policing of the sex industry in England are continually revised and debated, but a...
Abstract: The regulation of sex work continues to be a divisive topic in England and internationally. Policies governing the policing of the sex industry in England are continually revised and debated, but a...
TL;DR: The use of exclusion reflects key assumptions in relation to alcohol-related disorderly behaviour and effective management of risks to which it may give rise as mentioned in this paper, but the rationale underpinning much of the banning-related legislative and operational policing developments reflects largely unsubstantiated assertions of need and effect.
Abstract: Patron banning in Australia embodies a range of exclusionary measures in response to alcohol-related disorder. Patrons can be banned from licensed venues, entertainment precincts or wider public areas. Banning mechanisms remove and exclude troublesome individuals and are presumed to deter them, and others, from engaging in further problematic behaviour. The use of exclusion reflects key assumptions in relation to alcohol-related disorderly behaviour and effective management of risks to which it may give rise. However, the rationale underpinning much of the banning-related legislative and operational policing developments reflects largely unsubstantiated assertions of need and effect. Despite the steady expansion of banning powers across Australian jurisdictions there is limited oversight of their use. This article examines the expansion of police-imposed banning powers. Their discretionary, on-the-spot and permissible pre-emptive imposition has potential consequences that extend beyond the management of a...
TL;DR: Performance management in criminal justice organizations has become a prominent issue in many countries and has faced increasing criticisms by scholars and practitioners as mentioned in this paper, and in this regard it is impor-...
Abstract: Performance management in criminal justice organizations has become a prominent issue in many countries and has faced increasing criticisms by scholars and practitioners. In this regard it is impor...
TL;DR: In this paper, the potential impacts of limited developmental and cognitive capacities of youth offenders on the RJC process and outcomes are discussed, and the authors examine the developmental, cognitive or environmental impediments on the part of youth offender in terms of achieving restorative outcomes in RJC.
Abstract: While many studies on restorative justice conferencing (RJC) for youth offenders have shown favourable outcomes such as victim satisfaction and fairness, and offender accountability and perceived legitimacy, other studies have demonstrated more problematic outcomes in terms of mutual understanding, sincerity of apology and reoffending. Given the complexity of RJC as a concept and as a process, such ‘limits’ might be attributed to the capacity and characteristics of youth offenders. To date, however, there has been little examination of developmental, cognitive or environmental impediments on the part of youth offenders in terms of achieving restorative outcomes in RJC. This article discusses the potential impacts of limited developmental and cognitive capacities of youth offenders on the RJC process and outcomes.
TL;DR: In this article, a perpetrator-focused partnership approach to tackling domestic abuse is described, which includes an identification tool and a unique multi-agency partnership app, as well as a multi-agent support system.
Abstract: This article reports on a perpetrator-focused partnership approach to tackling domestic abuse. The package of interventions includes an identification tool and a unique multi-agency partnership app...
TL;DR: In this article, the authors consider the relationship between potentially corrosive stop and search practices, young people's use of public space and the question of vulnerability, and conclude that policy and practice around the use of such powers should be amended to take account of the specific needs of individuals under the age of 18, and that children's welfare should be a central consideration.
Abstract: Police stop and search powers have been widely criticized for the disproportionate manner in which members of black and ethnic minority communities are targeted. However, the use of such powers on minors in England and Wales has largely escaped comment, despite good evidence that such practices are harmful and counter-productive. Whilst data on the stop and search of under-10s and even toddlers has been reasonably widely reported by the mass media, there has been little interest in the welfare of older children who are subject to such police powers. Drawing on police data, qualitative research and information obtained through Freedom of Information requests, this article considers the relationship between potentially corrosive stop and search practices, young people’s use of public space and the question of vulnerability. It is concluded that policy and practice around the use of such powers should be amended to take account of the specific needs of individuals under the age of 18, and that children’s welfare should be a central consideration.
TL;DR: In this article, the authors explore the routinized practices of prisoner discipline: searching bodies and cells in four Canadian federal women's prisons and discuss three key findings: searching and confiscation patterns across institutions are not dictated by size of the inmate population or security level of the institution; the redaction of information by prison authorities is an increasing and pervasive tactic of penal governance legitimated through an interlegality of privacy and security; and the searching of prisoner bodies and cell suggests a highly discretionary use of searching authority across women's federal prisons that produces a gendered organizational logic.
Abstract: In this article, I explore the routinized practices of prisoner discipline: searching bodies and cells in four Canadian federal women’s prisons. Through an analysis of post-search reports as well as reported incidents of use of force, I discuss three key findings: searching and confiscation patterns across institutions are not dictated by size of the inmate population or security level of the institution; the redaction of information by prison authorities is an increasing and pervasive tactic of penal governance legitimated through an inter-legality of privacy and security; and that the searching of prisoner bodies and cells suggests a highly discretionary use of searching authority across women’s federal prisons that produces a gendered organizational logic. The text of the reports implies how women prisoners continue to be censured for their errant behaviour through the confiscation of personal items deemed to be unauthorized. These data also illustrate the ways in which women prisoners seek to achieve ...
TL;DR: In this paper, the authors report on a novel approach to studying procedural justice and trust; it compares young people's perceptions of public and private policing, and finds that young people have more trust and confidence in the police than in private security guards.
Abstract: Private security increasingly participates in policing, thus changing the field of policing. However, there is a lack of research on how private security is perceived by citizens, and particularly by young people. This article reports on a novel approach to studying procedural justice and trust; it compares young people’s perceptions of public and private policing. Relying on focus group data from Finland, the findings indicated that young people have more trust and confidence in the police than in private security guards. Their perceptions were based on face-to-face encounters (to measure ‘trust’) and on general assumptions (to measure ‘confidence’). Young people perceived the police as more educated, professional, legitimate and respectful than security guards. They also felt that security guards sometimes exceed their legal rights and act unfairly. However, the findings also suggest that security guards have some legitimacy. The study suggests that issues around trust in policing are more complex than ...
TL;DR: In this article, the authors investigate gender differences in adolescents' anticipated feelings of guilt and shame for engaging in shoplifting and retaliatory violence and examine the effect of gender differences on the exte...
Abstract: In this study, we investigate gender differences in adolescents’ anticipated feelings of guilt and shame for engaging in shoplifting and retaliatory violence. More specifically, we examine the exte...
TL;DR: In this paper, the authors argue that police agencies are often seen as dependent on the public to give them the authority and power necessary to carry out their responsibilities, including controlling crime.
Abstract: Police agencies are often seen as reliant on the public to give them the authority and power necessary to carry out their responsibilities, including controlling crime. As many police agencies begi...
TL;DR: The authors explored the questions posed for criminology when war and terror are seen through a gendered lens, using photographs as the vehicle through which such a challenge can be maintained, the gendered analysis that follows poses conceptual and methodological questions for the discipline which ultimately demands a reimagining of the contribution of criminologists and victimology to understanding gendered violence(s).
Abstract: This article explores the questions posed for criminology when war and terror are seen through a gendered lens. Following Barberet this lens demands blurring the boundaries between peace-time, war-time and post-conflict situations. These boundaries frame the nomos of criminology and once challenged the connections to be made between the ‘callousness’ of femicide and the ‘callousness’ of environmental destruction are exposed. Using photographs as the vehicle through which such a challenge can be maintained, the gendered analysis that follows poses conceptual and methodological questions for the discipline which ultimately demands a reimagining of the contribution of criminology and victimology to understanding gendered violence(s).
TL;DR: In this article, the authors analyzed 10 years (2004-2014) of An Garda Siochana controlled drug data to investigate the impact of economic recession and globalization on the Irish illicit drug market.
Abstract: This article analyses 10 years (2004–2014) of An Garda Siochana controlled drug data to investigate the impact of economic recession and globalization on the Irish illicit drug market. The limited ...
TL;DR: The annual total of occupational deaths in the UK is measured in the tens of thousands, yet the overwhelming majority attract no criminal justice attention as discussed by the authors. But very recently, a very small number of de...
Abstract: The annual total of occupational deaths in the UK is measured in the tens of thousands, yet the overwhelming majority attract no criminal justice attention. More recently, a very small number of de...
TL;DR: The authors reported an upsurge in the numbers of British Muslim men, particularly young British Muslims aged from 18 to 35, involved in the sale of drugs, despite this alleged increase.
Abstract: Recent years have seen an upsurge in the numbers of British Muslim men, particularly young British Muslim men aged from 18–35 involved in the sale of drugs. However, despite this alleged increase, ...
TL;DR: In this paper, the experience of work-family conflict (WFC) among prison officers in Ghana is described and the authors use the term WFC in relation to prisoners in the UK and USA.
Abstract: This article documents the experience of work–family conflict (WFC) among prison officers in Ghana. Although the term WFC has been used in relation to prison officers in the UK and the USA, the con...
TL;DR: This paper used the transcripts from an abused woman's trial in Canada for first-degree murder of her husband to explore the expert testimony provided by Dr Evan Stark to support a potential defe...
Abstract: This article uses the transcripts from an abused woman’s trial in Canada for first-degree murder of her husband to explore the expert testimony provided by Dr Evan Stark to support a potential defe...
TL;DR: This paper examined how a community court in the United States framed its mission to a diverse population of stakeholders and showed how community courts framed their mission in the context of race and ethnicity in the justice system.
Abstract: This article examines how a community court in the United States framed its mission to a diverse population of stakeholders Drawing from 11 months of ethnographic data, I show how community courts
TL;DR: A number of nationally driven initiatives have led to significant changes in the framework of community sentences, with various agencies being required to work in "joined-up" multi-agency arrangeme...
Abstract: A number of nationally driven initiatives have led to significant changes in the framework of community sentences, with various agencies being required to work in ‘joined-up’ multi-agency arrangeme...
TL;DR: In this paper, a qualitative study used individual interviews and focus groups to document the experiences of 14 young males aged 16 and 17 in one Scottish young offenders' institution on their journeys to custody.
Abstract: Youth Justice policy in Scotland, under the ‘Whole System Approach’ (WSA), progressively espouses maximum diversion, minimum intervention and the use of alternatives to custody wherever possible. Yet Scotland still has one of the highest imprisonment rates in Europe. To explore this discrepancy, this qualitative study used individual interviews and focus groups to document the experiences of 14 young males aged 16 and 17 in one Scottish young offenders’ institution on their journeys to custody. Their experiences reveal the significant challenges faced in understanding, navigating and complying with the justice system, and also indicate that the consistent implementation of WSA is problematic. The disconnection between the intentions of the WSA policy and the practical implementation means that these vulnerable young people are not fully benefiting from the WSA. This article therefore highlights important gaps between policy, practice and lived experience in youth justice in Scotland.
TL;DR: In this paper, an understanding of war and criminology through the use of the creative sources offered by literature is proposed, while communicating exemplary meanings and morals, can be found.
Abstract: This article proposes an understanding of war and criminology through the use of the creative sources offered by literature. These sources, while communicating exemplary meanings and morals, can he...