Showing papers in "Howard Journal of Criminal Justice in 1987"

Probation, Pragmatism and Policy

Abstract: This paper considers the position of and justifications for the English probation system in the modern period in which penal policy has come to be dominated by a pragmatism which is both philosophical and practical in its penetration. It plots the effects on the service of the demise of confidence in the diagnostic ideal and the subsequent dominance of policy considerations, and it identifies three schools of thought in the probation service which have emerged in recent times.

Limiting Prison Use: Experience in England and Wales1

Abstract: This paper reviews policies adopted in England and Wales, especially since 1965, in attempts to limit the prison population. It is shown that measures designed as ‘alternatives to custody’ have had little success in reducing the prison population. Measures designed to shorten the length of custodial sentences have had more impact on the size of the population, but at the cost of several anomalies. It is suggested that few outside observers see in present government policy any real likelihood of improving the recent rather dismal track record of attempts to limit prison use in England.

Foreign Minorities and the Criminal Justice System in The Federal Republic of Germany

Abstract: The article addresses problems of ethnic and foreign minorities in the criminal justice system in the Federal Republic of Germany. Analysis of police and court data suggests at first glance that members of foreign minorities commit far more crimes than are committed by the population's majority. But controlling for differences in those variables which make considerable differences between foreign minorities and the population's majority, especially socio-economic status, differences in crime rates fade away. It is argued that cultural conflict theory does not provide an adequate framework for explaining crime occurring within foreign minorities. Available evidence suggests that deprivation and control theories are more powerful in explaining criminal behaviour within ethnic and foreign minorities, they seem also to he more useful in guiding criminal policy dealing with foreign offenders. Although crime problems have been of paramount importance in criminological studies dealing with ethnic and foreign minorities, problems of criminal victimisation should be taken into account, too. Furthermore, problems of processing members of ethnic minorities through the criminal justice system are touched on in the article with special emphasis on those points in the process which are hypothesised to embody great potential for discriminatory decision-making

The Management of Dangerous and Difficult Prisoners

Abstract: The problem of how to manage those prisoners who refuse to conform to standard prison rules and regulations has received considerable attention recently, particularly in Britain and in North America. This article describes some of the strategies adopted in Canada and the United States and contrasts them with developments in Scotland. It concludes that there should be a prior statement of the objective of any alternative unit for this type of prisoner, that its regime should be clearly defined, that a clear definition of what constitutes a difficult or dangerous prisoner should be agreed and that the wider implications of managing this type of prisoner should be publicly appreciated.

Mediation: A New Mode of Establishing Order in Schools

Abstract: The growth of new measures of coping with crime and social disorder, especially in America, employing mediation (as method) and reconciliation (as aim) is described. Applications of such techniques in educational establishments in the United States are then outlined, including campus ombudsmen, training for conflict resolution, and school mediation projects. Early developments in Britain, and potential future directions, are discussed, and reference made to the possible suitability for starting new initiatives of the recently announced Educational Support Grants for Pilot Projects to Promote Social Responsibility among Young People.

The Prison Disciplinary System: Perceptions of its Fairness and Adequacy by Inmates, Staff and Members of Boards of Visitors

Abstract: This article describes a research project undertaken in 1984 for the Departmental Committee on the Prison System (the Prior Committee). The aim of the research was to investigate how the prison disciplinary system was perceived by its various protagonists – inmates, officers, governors and members of Boards of Visitors; in particular, whether they perceived it to be a fair system for dealing with disciplinary offences, their views on how serious disciplinary offences should be dealt with, the role of informal measures for maintaining discipline, and the adequacy of existing punishments. The study found common agreement that the fairness of the system depended greatly on the extent to which it allowed the offender to present his side of the case, but views diverged as to how much this was achieved in practice. It concludes that lack of adequate facilities and privileges in prisons has resulted in the disciplinary system being too reliant on the use of forfeiture of remission as a punishment, and that any approach to the problem of control which is simply based on the removal of existing privileges cannot be regarded as realistic.

Law and Order and the Causes of Crime: Some Police and Public Perspectives

Abstract: The degree of congruence among the public and between ‘police’ and ‘public’ in attitudes to law and order has been a matter of considerable debate in England and Wales. This article presents some previously unpublished survey data in the context of a general review of research on this topic, and goes on to discuss police and public views about crime causation as a reflection of ideological ‘domain assumptions’ about the nature of offending. It concludes that although there are broad similarities in perspective between police and public, this homogeneity begins to break down when the data are disaggregated at a local level. It also questions the revival of a purely reactive model of policing as an ‘ideal type’ for the inner city.

Democratic Praxis and Prison Education

Abstract: Education in the prison environment can have signifcant educational and behavioural outcomes in spite of the authoritarian nature of the regime, but to achieve either, a link must be established between the academic content of the programme and the realm of action. Three arguments, one political, one theoretical and the last educational, are advanced for the institution of democratic practices and a democratic ideology (though not necessarily a democratic pedagogy) within the prison education programme. Based on an experience in British Columbia, formal and informal democratic practices are seen as enhancing notions of citizenship, encouraging personal maturation and development, and deepening the impact of the educational content.

Abolitionism and the Politics of ‘Bad Conscience’

Abstract: Image and reality of criminal justice in The Netherlands differ to a considerable degree. The causes for the relatively mild penal climate in Holland have to be taken into account, if a potential successful strategy to preserve that climate is to be developed. The discussion about the merits of abolitionism, currently held within the Dutch League for Penal Reform, is dealt with in detail.

Structures of Judicial Racism in Australia

Abstract: This paper describes the scale of Aboriginal over-representation in Australian criminal justice systems. It explains this in terms of Australian history and contemporary social structures, specifically the Eurocentric criminal justice system. The paper then goes on to describe and discuss recent measures introduced at both Federal and state levels which have been designed to counteract some of the negative effects of the system on Aboriginals. The paper concludes with an analysis of the issues which are raised by the plight of Aboriginals and parallel situations in other countries which have ethnic minority populations who are unduly affected by rapid social and economic change.

Judicial Intervention and Work Alienation: A Study of Jail Guards

Abstract: This paper examines the effect of judicial intervention on experiences of work alienation among jail guards. From the viewpoint of the officers, court decisions and mandates have seriously infringed upon their authority, compromising their position vis-a-vis inmates and making it more difficult for them to perform their duties. Administrative, operational, and procedural changes are perceived as advancing the welfare of prisoners at the expense of the interests of the guards. Judicial intervention has thus led to heightened feelings of several forms of work alienation. An empirical assessment of these processes is presented using data obtained from 138 guards in four U.S. jails.

Behaviour in Police‐Public Encounters

Abstract: This paper draws on data from a recent study of encounters between uniformed police officers and members of the public, designed to throw more light on the nature of behaviour in such encounters, and to provide material for the development of police training in human skills. It examines how participants behave towards each other and whether this reflects the behaviour of the other party, the nature of the encounter and the role of the citizen involved. The great majority of contacts are shown to be routine and mundane affairs, with dissatisfaction, rudeness or conflict being quite rare. A variety of issues is raised bearing upon policy, training and future research.

Immigrants in the French System of Criminal Justice

Abstract: The place of immigrants in the French system of criminal justice can only be understood in the context of the history of post-war France. Since 1956, developments in the prison population and the flux of immigration have been dominated by the 'Algerian probleme. After the Evian agreements were signed in 1962 there was a period of ‘free’ and massive, immigration until 1974. Since then the volume of legislation rivals and probably surpasses the British experience. Together they are the formal expression of the near illegality of being foreign. The day-to-day reality of this tenuous citizenship status is documented in the second half ofthe paper. Many of the police in the 1960s also belonged to the Service d' Action Civique, a Gaullisl strong-arm association; and, since 1974, an increasing proportion of immigrants are being imprisoned. Second generation immigrants also suffer discrimination wherever there is discretion. Overall, the French tradition of being the home of political refugees looks very tarn ished.

New Strategies in the Politics of Law and Order

Abstract: Crime prevention has rapidly emerged as an important new trend in the law and order debate. Crime prevention programmes now appear on the agendas of all the major political parties and some perceive this issue as being the key to the law and order question, and so of central concern to the very success of these political parties. The issue is complex enough to allow each of the parties to take up a differing perspective on both that the problem is' and ‘how it should be solved’. For example, the Conservative party - by latching on to more traditional modes of viewing crime prevention - can maintain their hold on the law and order issue. However, of major interest is just how the other two major parties - the Labour Party and the S. D.P./Liberal Alliance - have attempted to grasp the issue from the Conservatives. In this paper I examine these strategies; looking to how successful each of them have been so far, and how the opposing parties have attempted to refute the positions into which these strategies have cast them. The importance of this paper is that it brings to light developing issues in current political thinking on law and order: it points out how, by developing these political strategies, each of the parties has somehow ‘missed the point’ which current criminology can offer them.

The Television Licence: Prosecution and Poor Households1

Abstract: The B.B.C. is facing a fiscal crisis - its revenue will no longer increase without further rises in the licence fee. The government is reluctant to raise the licence fee for political reasons and because of anxiety over its impact on low income households. There is evidence of growing resistance towards paving the licence fee. One of the major reasons suggested for non-payment is that poor households simply cannot afford to pay the lump sum required. The Peacock Committee are considering other methods of raising revenue for the B.B.C. The Public Accounts Committee have called for more efficient detection methods and higher penalties. But these solutions will cost money and hurt poor households most. One way of avoiding prosecuting poor evaders and ensuring that the licence is paid, is to introduce a system of licence-direct similar to that pioneered by the fuel boards.