Showing papers in "European Journal on Criminal Policy and Research in 1996"

Reintegrative shaming and restorative justice

Abstract: Shaming can be a powerful aspect in the informal process that brings the victim and the offender together in their search for a just restorative solution to their conflict. If, however, it is judged that an offence has to give rise to coercive judicial action, then the role of the justice system must be clearly defined. As far as we can see, it cannot and should not be expected that the judiciary will engage in shaming, nor that the reintegration of the offender should be the principal aim of intervention. Justice should neither shame nor reintegrate, it should simply establish responsibilities and contribute towards the conditions that promote restoration. Besides that, one can only hope that the cultural climate in society as a whole, and in social institutions in particular, will evolve in the direction of more communitarianism, leading to the emergence of a climate that allows for the inducement of shame because harm has been caused, the creation of a willingness for restoration and, if necessary, an obligation to restore as an opportunity of reintegration. This cannot, however, be established through formal public rules, but only through the human and relational ways in which they are applied. Reintegrative shaming is about the positive power of human relationships to deal with offenses and other types of behaviour that jeopardize harmonious community living. Restorative justice concerns the way in which the formal social response to offenses should contribute towards a context in which a constructive response can be made to these offenses. These are complementary coucepts, but they should not be fused together to form a single concept of ‘restorative shaming’. This area is complicated and confused enough as it is.

Family socialization and delinquency in the United States and Switzerland

Abstract: The vast majority of research on the aetiology of juvenile delinquency has examined intrasocietal data. This approach has facilitated a general understanding of this social problem, determined criminological theory, and influenced policy decisions. However, Arnett (1994) has pointed out the importance of intersocietal data for understanding juvenile delinquency. First, cultural contexts provide important information on adolescent developmental processes; and second, developmental processes as well as behavioural outcomes found in one country do not necessarily apply other national contexts. A growing number of researchers have recognized the shortcomings of intrasocietal research; they have also realized the importance of a cross-cultural comparative framework for understanding and preventing juvenile delinquency (see e.g., Gartner, 1993). Official statistics on cross-national variability in criminal behaviours indicate tremendous variability in cross-national rates of delinquency and crime. Gartner (1990; 1991) reviewed data provided by the World Health Organization on adult male homicide rates in 18 developed democracies between 1950 and 1980 and on male (14 years and older) homicide rates between 1965 and 1980. Data consistently demonstrated tremendous variability between national contexts. In fact, American males were fifteen times more likely to be victims of homicide than males in Denmark, the Netherlands, or Switzerland. Crosscultural diffeences for females were less dramatic, although American rates still exceeded the rates of European adolescents. For cross-national rates of juvenile delinquency, similar findings were made; however, intersocietal variability was

A tale of two cities: Drug policy instruments and city networks in the European Union

Abstract: A Tale ofTwo Cities occupies a central place in the canon of Charles Dickens's works. This novel of the French Revolution was originally serialized in the author's own periodical All the Year Round. Weekly publication of chapters 1-3 of Book 1 began on April 30, 1859. In an innovative move, Dickens simultaneously released installments of the novel on a monthly basis, beginning with all of Book 1 in June and concluding with the last eight chapters of Book 3 in December. Dickens took advantage of the novel's serial publication to experiment with characterization, plot, and theme. He described the work in a letter to his friend John Forster, cited in Ruth Glancy's A Tale of Two Cities: Dickens's Revolutionary Novel, as "a picturesque story rising in every chapter, with characters true to nature, but whom the story should express more than they should express themselves by dialogue." The novel that emerged from his experimentation is now regarded as one of Dickens's most popular and most innovative works. Dickens's work was very popular with the reading public when it was first published. One review in the magazine Athenaeum stated thatA Tale of Two Cities had attracted the praise of a hundred thousand readers. On the other hand, a whole set of critics, most notably Sir James Fitzjames Stephen writing in Saturday Review, criticized the novel precisely for its popularity. "Most of the critics writing in the intellectual and literary journals of the day considered popular success a good reason to condemn a work," explains Glancy. "If the Charles Dickens

Controlling prison population size

Abstract: The number of people in prison is rising in many countries. In absolute terms, the United States is the extreme case: the incarceration rate per 100,000 population for persons confined in federal and state prisons grew by 333 per cent from 93 in 1972 to 403 on Iune 30, 1995. Those numbers omit local jail populations which raise the 1995 rate to approximately 654 per 100,000. In relative terms, however, since the late 1980s prison population growth in many countries has approximated that in the United States. In the Netherlands, where the total incarceration rate for sentenced and non-sentenced prisoners increased from less than 30 per 100,000 population in 1983 to more than 60 per 100,000 in 1995, prison cell capacity tripled from 3,789 in 1980 to 10,059 in 1994 (Tak, 1994). In England and Wales, the total prison population grew by 25 per cent from early 1993 to 1996, even though the Crirninal]usticeAct 1991 was expected to reduce the use of imprisonment (Bean, 1991; Ashworth, 1995}. In Italy and Portugal, likewise, total incarceration rates increased almost by half from 1991 to 1993 (Kuhn, 1996a, figures 3, 7). In France, the total incarceration rate grew by fifty per cent between 1983 and 1995 (Kuhn, 1996a, figure 4). There is no value-free or scientific way to determine optimal levels of prison use in any country. Imprisonment patterns change over time in individual countries and vary widely between countries. No single or several factors, including changes in crime or conviction rates, in the age composition of the population, or in economic trends or employment rates, explain differences over time or across national boundaries. Nor is it obvious how to compare the 'punitiveness' of countries' punishment policies. Claims about comparative punitiveness are often made on the basis of rankings of incarceration rates per I00,000 population. It has long been observed that other measures might be used perhaps prison admissions per year per 100,000 (Kommer, 1994) that would substantially change various countries' rankings. Sweden, for example, which ranks low in incarceration rate scales, ranks high in prison admission rates. Similarly, rankings might be

Mass incarceration: 'a sin against the future'?

Abstract: The move towards incarceration as the response to all social problems is serious for all the reasons given above. It constitutes negative investment in the future and gives a frightening legitimacy to that vision of the society of the future that sees the population divided into three, one third living a comfortable life but behind fortifications, one third incarcerated in some form of camp or ghetto and the other third guarding the homes of the comfortable or working as prison personnel. The 20th century has not had a very good record on incarceration. It has seen Hitler’s concentration camps and Stalin’s Gulag. Nils Christie and other commentators talk already of the US gulag. In Western Europe, still, these are but trends. Imprisonment rates are still generally, except for those of the UK, lower than 100 per 100,000. The punitive and exclusionary attitudes prevalent in the US are not so deeply embedded in European traditions. A philosophy of re-integration into society for offenders still underpins legislation and practice. A philosophy of social cohesion governs institutions. The assumption is that offenders, although they must undergo criminal sanctions and pay back in some way for what they have done, keep their citizenship and must be welcomed back into society.

Crisis in American criminal policy?: Questions and comments

Abstract: During the preparation of this issue, which compares developments in crime and criminal justice in the US and Europe, a letter of Christian Pfeiffer to General Attorney Janet Reno came across our desk. The letter (dated t994) can be seen as a criminological informed cri de coeur about American criminal policy. Although the author is fully responsible for style and contents of the letter, this voice of worry can be heard at other places and in other occasions. After ample discussion the editorial committee decided to publish the letter, if we could trigger comments on it from other criminal justice experts. This was the case. We are very happy to publish the letter together with five comments from American and European colleagues. In this way we hope to stimulate discussion and communicat ion on preferred directions and solutions in criminal justice policy, which is in coherence with our editorial aims.

Criminal victimization in European cities: Some results of the International Crime Victims Survey

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Ex-prisoners and the labour-market—a literature review

Abstract: If prisoners are to return to their communities and maintain law-abiding lifestyles, they must be provided with accessible tools. Instead of providing ex-prisoners with subsistence incomes, it seems to be more beneficial to provide decent job skills before release and assistance in securing employment upon and after release. Another aspect that has to be taken into account are the rising costs of prison building and service. To lower these costs and to keep people out of prison (more) investments in employment schemes and vocational schemes for ex-prisoners are needed. Active participation of employers to solve these problems is needed. To achieve better results, good cooperation between the prison service, the probation service, labour exchange bureaus, the Ministry of Social Affairs and Employment and potential public and private employers seems to be essential.