Showing papers in "Howard Journal of Criminal Justice in 1981"
TL;DR: In this paper, the authors argue that the task is to find work which is commensurate with the offender's skills and further suggest that finding suitable employment may be particularly beneficial for offenders with a "medium risk" of reconviction.
Abstract: The efforts of a specialist employment agency for ex-prisoners resulted in 65 men starting work soon after their release from prison. The present study considers evidence regarding their involvement in further criminal activity in the subsequent ten years. The claims in terms of modifying subsequent reconviction rates must be modest but, remarkably, of the men who worked in the job for at least a year, not one was reconvicted. The authors argue that the task is to find work which is commensurate with the offender's skills and further suggest that finding suitable employment may be particularly beneficial for offenders with a “medium risk” of reconviction.
19 citations
TL;DR: In this article, it is widely believed that probation officers have less influence, status and visibility in the criminal courts than hitherto, and that in some instances their relationship with the bench has declined to near-estrangement.
Abstract: It is widely believed that probation officers have less influence, status and visibility in the criminal courts than hitherto, and that in some instances their relationship with the bench has declined to near-estrangement. These changes are analysed in an historical and theoretical context; and against the touchstone of a virtually unchanging bench, the bureaucratisation of the justices' clerk and the professionalisation, bureaucratisation and increased executive accountability of the probation service are explored for explanation of the decline. Elements of a tentative solution to the problem involving organisational change and a reconceptualisation of the relationship between the bench and the probation service are offered for discussion.
13 citations
TL;DR: The main question facing those who are involved in penal reform is not how to provide the c.j.s. with a more adequate set of sanctions, but how to promote a better way of tackling very divergent problems and how to minimise the social problems which are caused by the criminal justice system as it presently operates as discussed by the authors.
Abstract: Contrary to popular belief, events which can be defined as criminal are not exceptional and cannot be considered to be of a more problematic nature to people than numerous other types of events. Several attempts have been made to control and reduce activities of the criminal justice system (c.j.s.) in dealing with such events, however without much success. This makes it necessary to examine more closely what kind of social systems are most suitable to deal with events which are considered problematic. Three main reasons why the c.j.s. seems “problematic” as a system of social control are: it causes unnecessary suffering which is also unequally divided; it offers little influence to those directly involved: it seems difficult to control.
The main question facing those who are involved in penal reform is not how to provide the c.j.s. with a more adequate set of sanctions, but how to promote a better way of tackling very divergent problems and how to minimise the social problems which are caused by the c.j.s. as it presently operates.
8 citations
TL;DR: In this article, the authors describe the events leading to the introduction of the control unit in Wakefield Prison in 1974 and the way the unit operated, and some of the possible implications for the future relationship between courts of law and prison administration.
Abstract: This article describes the events leading to the introduction of the control unit in Wakefield Prison in 1974, and the way the unit operated. The control unit was recently the subject of litigation in the High Court, when a former inmate of the unit, Michael Sidney Williams, sued the Home Office for false imprisonment, claiming exemplary damages for oppressive and arbitrary governmental action and a declaration that the Home Office had no power to set up the unit. The article examines the decision and some of the possible implications for the future relationship between courts of law and prison administration.
3 citations
TL;DR: By 1835 it was very widely believed by penal theorists and administrators that Scottish prisons had remained customary, idiosyncratic, unregulated anachronisms in the era of the Howardian and Separate Systems of penitential discipline.
Abstract: By 1835 it was very widely believed by penal theorists and administrators that Scottish prisons had remained customary, idiosyncratic, unregulated anachronisms in the era of the Howardian and Separate Systems of penitential discipline The State consequently appointed an Inspector who directed a very skilful attack against these prisons on ideological grounds This attack was successful, and resulted in a penal revolution in Scotland Thus there were established wholly new mechanisms of government which operated to impose both the Howardian and Separate Systems upon Scottish Prisons, and to annihilate all remnants of penal practice which did not conform with these ideologies
2 citations
TL;DR: In this article, it is suggested that the attacks on the philosophy and the practice of the Children and Young Persons Act 1969 are unjustified and that the "justice" model proposed seems to be the result of a return to a doctrine of classical liberalism, which would remove many of the legal rights of parents and teachers, and would inevitably lead to a retributive and punitive system which would be in nobody's best interests.
Abstract: The arguments and policy implications of two recent books on the juvenile justice system are strongly criticised. It is suggested that the attacks on the philosophy and the practice of the Children and Young Persons Act 1969 are unjustified. The “Justice” model proposed seems to be the result of a return to a doctrine of classical liberalism. If applied it would remove many of the legal rights of parents and teachers, and would inevitably lead to a retributive and punitive system which would be in nobody's best interests.
2 citations
TL;DR: The Government's White Paper Young Offenders as discussed by the authors proposes to alter radically the provisions of the criminal justice system for children and young people, which will enable a considerable toughening of intervention in the lives of children and facilitates the convergence of law and order and the child care system.
Abstract: The Government's White Paper Young Offendersaims to alter radically the provisions of the criminal justice system for children and young people. This article looks at the emergence of the White Paper against the policy and practice of the 1969 Children and Young Persons Act and assesses the likely outcome of its proposals. Overall, the Government's programme will enable a considerable toughening of intervention in the lives of children and facilitates the convergence of law and order and the child-care system.
2 citations
TL;DR: The White Paper Young Offenders deliberately avoids any attempt at establishing a definite philosophical framework within which to develop a rationally based system of custodial measures as mentioned in this paper, while it can be regarded as moving towards a justice model in proposing the abolition of borstal training, when taken together with its other provisions there are strong indications of a deeply rooted ambivalence to advocate greater use of non-custodial measures whilst at the same time proposing measures apparently designed to ensure an increase in the use of the custodial sentences borders on the schizophrenic.
Abstract: The White Paper Young Offenders deliberately avoids any attempt at establishing a definite philosophical framework within which to develop a rationally based system of custodial measures Whilst it can be regarded as moving towards a “justice” model in proposing the abolition of borstal training, when taken together with its other provisions there are strong indications of a deeply rooted ambivalence To advocate greater use of non-custodial measures whilst at the same time proposing measures apparently designed to ensure an increase in the use of custodial sentences borders on the schizophrenic In short, whilst some of the proposals are to be welcomed, the total package is likely to prove retrogressive
1 citations
TL;DR: The authors surveys available evidence on who is imprisoned and argues the case for abolition and in particular the inappropriateness of using criminal sanctions to enforce family obligations is stressed. But despite concern with overcrowding, no initiative is being taken to remove the sanction of imprisonment.
Abstract: Over 3,000 men are imprisoned each year for maintenance default. At any one time there are on average about 300 men in prison for this reason. It costs the State over one and a quarter million pounds a year to keep these men in prison. Yet, despite concern with overcrowding, no initiative is being taken to remove the sanction of imprisonment. This article surveys available evidence on who is imprisoned and argues the case for abolition. In particular the inappropriateness of using criminal sanctions to enforce family obligations is stressed. The case for imprisonment is usually grounded in deterrence. This argument is considered critically.