Showing papers in "Howard Journal of Criminal Justice in 1995"
TL;DR: In most industrialised countries a specialised justice system for juvenile crime exists as discussed by the authors, and the discussions which surround this approach revolve around the balance to be struck when combining educative aims with penal justice principles.
Abstract: In most industrialised countries a specialised justice system for juvenile crime exists. The discussions which surround this approach revolve around the balance to be struck when combining educative aims with penal justice principles. The continued quest for an ideal combination seems to be a ‘mission impossible’. A way must be found to resolve this impasse. Experiments with restorative justice are an extremely promising avenue for further exploration. In doing so, far more than a simple alternative technique seems to be at issue, but goes to the roots of the social and ethical governance of our societies.
61 citations
TL;DR: This article argued that a more criminologically sophisticated value-base, built around the linked notions of anti-custodialism, restorative justice and community safety will serve the probation service better than a simple restatement of "the welfare ethic" and, by developing its role as a community justice agency, provide it with a means of resisting a wholly punitive identity.
Abstract: The task of re-assessing probation values assumed a new urgency when even its own Chief Inspector (Chief Inspector of Probation 1994, p. 4) complained that the probation service (in 1993) was still ‘clinging to its welfare ethic and had not fully integrated the notion of punishment in the community into its repertoire’. But the way forward is not easy. Those who seek to re-affirm social work values, (to which welfare is supposed to be central), against the punitive inclinations of the Home Office, do so without regard to the limitations which the new managerial culture in the service - benevolent corporatism - imposes on the expression of personal care and concern. The ‘social work’ school have also, repeatedly and perversely, failed to draw on normative debates within criminology which have prim a facie relevance to the future of the probation service. It will be argued here that a more criminologically sophisticated value-base, built around the linked notions of anti-custodialism, restorative justice and community safety will serve the probation service better than a simple restatement of ‘the welfare ethic’, and, by developing its role as a community justice agency, provide it with a means of resisting a wholly punitive identity.
49 citations
TL;DR: The difficulties in speaking English and lack of knowledge of English culture in general, and prison culture in particular, coupled with factors such as lack of availability of familiar food, videos or reading material in their own language, contributed to the sense of social and cultural violation of most non-UK prisoners as mentioned in this paper.
Abstract: Fifty male and 55 female prisoners who were normally resident outside the UK were interviewed in twelve English prisons. All were convicted with sentences of 18 months or more and had been in prison for at least two months. Twenty-four nationalities were represented but prisoners resident in the Republic of Ireland were excluded from the study. All had been convicted for offences related to the import of illegal drugs though had not been selected for this reason. Compared with UK prisoners those from abroad were older, had wider family responsibilities and were on average serving much longer sentences.
Non-UK prisoners receive few visitors. Most of those they do see are relatives or friends who live in the UK or people from religious or other voluntary groups. Only two of the 42 mothers had seen their children. In both cases their children happened to be living in the UK. Most prisoners felt isolated and very cut off from their families. Letters were the main method prisoners used for keeping in touch with family and friends. There was wide variety in the number of free or subsidised letters available to prisoners. Though most, in theory, had access to card phones, the cost of these made them of little value to most prisoners.
The difficulties in speaking English and lack of knowledge of English culture in general, and prison culture in particular (almost all claimed to be first offenders), coupled with factors such as lack of availability of familiar food, videos or reading material in their own language, contributed to the sense of social and cultural violation of most non-UK prisoners. Recent initiatives to help support the family ties of prisoners have, in the main, had little relevance for this group of prisoners.
22 citations
TL;DR: To achieve these objectives prison libraries must cease to be regarded as a peripheral resource, must be better funded and equipped, and must develop as a pro-active and integrated service.
Abstract: The evolution of the prison library is outlined in relation to the various models of rehabilitation which have been developed. The failure to develop all the functions that prison libraries can fulfil and to wholly appreciate the unique environment in which they operate are identified as major factors which have had a significant influence in determining both the nature of contemporary prison libraries and their contribution to the rehabilitative process. However, the recent development of the cognitive-behavioural model requires a library service able to assist rehabilitation in three principal ways: empowering the inmate with information, providing help with a range of practical skills and helping change inmates' attitudes and behaviour. To achieve these objectives prison libraries must cease to be regarded as a peripheral resource, must be better funded and equipped, and must develop as a pro-active and integrated service.
19 citations
TL;DR: In this article, an ongoing evaluation of a court-based diversion scheme for mentally disordered offenders in a busy inner-London magistrates' court is presented, focusing on four areas of special need: homelessness, drug misuse, personal violence, and race and ethnicity.
Abstract: The paper is based on an ongoing evaluation of a court-based diversion scheme for mentally disordered offenders in a busy inner-London magistrates' court. It begins'with a review of the field, in particular the different decision-making points at which diversion schemes of this kind might be situated. This is followed by an account of the early experience of the Islington Mentally Disordered Offenders Project which began in the early 1990s. Attention isfocussed on four areas of special need: homelessness; drug misuse; personal violence, and race and ethnicity.
17 citations
TL;DR: The findings of a pilot study of the particular needs of black and Asian prisoners' families are presented, which includes a survey of support groups to assess the use and provision of services for black/Asian families.
Abstract: This paper presents the findings of a pilot study of the particular needs of black and Asian prisoners' families It is in two parts First, a survey of support groups to assess the use and provision of services for black/Asian families Secondly, a series of interviews conducted with black and Asian family members
15 citations
TL;DR: The Cambridge Family Ties Project as discussed by the authors investigated ties from prisoners' points of view and argued that current policy and practice in relation to foreign national prisoners can be improved, and made a number of suggestions about steps that might improve matters.
Abstract: This paper draws on the results of the Cambridge Family Ties Project which investigated ties from prisoners' points of view. It argues that current policy and practice in relation to foreign national prisoners can be improved. The neglect of this group means that there are no accurate statistics concerning them. However, all the indications are that they form a significant proportion of the UK prison population, especially among those with longer sentences. Because of their distance from their families, lack of fluent English, and cultural isolation, these prisoners often experience a much harsher prison regime than their UK counterparts. Many of the recent policy changes intended to support the family ties of prisoners have little or no impact for foreign national prisoners. A number of suggestions are made about steps that might improve matters. Finally, the policy leading to the long prison sentences that most non-UK prisoners receive as drug couriers is questioned. While such policies can be devastating, not only for those imprisoned, but also their families, there seems little evidence that they have any deterrent effect. It has been suggested that arrested couriers should simply be deported and that the British tax payer would thus be spared the considerable cost of maintaining these people in UK prisons.
13 citations
TL;DR: In this paper, the authors examined baseline and comparative serious offending among a large sample of 592 male juvenile offenders sentenced to secure and open forms of residential custody in Northern Ireland training schools and found no significant difference in prior seriousness of offending between juvenile offenders placed in secure custody compared to open residential custody.
Abstract: This study examines baseline and comparative serious offending among a large sample of 592 male juvenile offenders sentenced to secure and open forms of residential custody in Northern Ireland training schools. Analysis of baseline offending reveals no significant difference in prior seriousness of offending between juvenile offenders placed in secure custody compared to open residential custody. Trend analyses of subsequent reconviction show that the additional level of reconviction associated with secure custody is of the magnitude of 7% to 15% at one and three yearfollow-up periods. Other findings show that shorter lengths of stay in custody are associated with lower levels of subsequent reconviction; that for both forms of custody lower rates of reconviction are associated with juveniles who commit crimes of violence or sexual offences and higher rates of reconviction are associated with those juveniles who commit motoring offences or theft; longitudinally, as adults, there is a high level of persistent offending among these former juvenile offenders with an increasing proportion (20%) engaging in violent crime.
12 citations
TL;DR: In a recent article, Nellis (1995) undertook a detailed analysis of factors which have served to undermine the traditional value-base of the probation service and outlined a new set of values for the 1990s which, he argued, were more appropriate to the changed role of the service within the criminal justice system as discussed by the authors.
Abstract: In a recent article, Nellis (1995) undertook a detailed analysis of factors which have served to undermine the ‘traditional’ value-base of the probation service and outlined a new set of values for the 1990s which, he argued, were more appropriate to the changed role of the service within the criminal justice system and better suited to its changed organisational context. In this reply, the author argues that Nellis has not gone far enough, either in terms of analysing and responding to the changed political context in which criminal justice policy exists or in terms of building on recent developments in criminological theory and that the values he proposes contain and conceal a number of problematic and unresolved tensions and ambiguities. An alternative approach, building on the notion of relational justice, is therefore proposed.
9 citations
TL;DR: In this paper, it is argued that Garland took insufficient account of the influence of positivist evolutionist theory on penal thought in the mid- Victorian era and that his assumptions about the classical foundations of the totality of Victorian penality are oversimplified.
Abstract: In this article David Garland's (1985) seminal work Punishment and Welfare is discussed in relation to English prisons between the above dates. I suggest a rebuttal of Garland's critique of Michel Foucault's (1979) earlier work on 19th century penal developments because this critique is a foundation stone of Garland's general thesis about the origins of modern penality. Secondly it is argued that Garland took insufficient account of the influence of positivist evolutionist theory on penal thought in the mid- Victorian era and that his assumptions about the classical foundations of the totality of Victorian penality are oversimplified. Lastly, I argue that, notwithstanding, Garland was wrong to emphasise eugenic and neo-Darwinian theory as a dominant intellectual and operational foundation of penality between 1895 and 1914.
In fact the empirical case of prisons shows that traditional moral reformatory methods and classicism were the major theoretical foundations of prisons and borstals between 1895 and 1914 although significant projects based on the new mental science and neo-Darwinian positivism were cautiously and experimentally tried.
9 citations
TL;DR: The role as played by local authority social workers, the training and experience that prepares them for this role and whether changes are needed in the light of the 1993 Royal Commission on Criminal Justice findings are explored.
Abstract: Examines the evolution and present role of the ‘appropriate adult’ attending police interviews with ‘vulnerable’ suspects as defined in the Codes of Practice to the Police and Criminal Evidence Act 1984. In particular it explores the role as played by local authority social workers, the training and experience that prepares them for this role and whether changes are needed in the light of the 1993 Royal Commission on Criminal Justice findings.
TL;DR: In this paper, the authors report findings from a national study of interpreting practice in the courts of England and Wales and explore some conceptual issues concerning the role of the interpreter in a court setting.
Abstract: This article reports findings from a national study of interpreting practice in the courts of England and Wales. It begins with an account of the legislative and regulatory framework that governs interpreting practice in England and Wales before exploring some conceptual issues concerning the role of the interpreter in a court setting. Selected findings from the study are reported and the paper concludes with a disussion of the wider policy and practice issues raised by the study.
TL;DR: In this paper, the authors demonstrate how the recent trend towards protectionist sentencing has seriously compromised the due process rights of mentally abnormal offenders and demonstrate that it has become acceptable sentencing policy that in certain circumstances a mentally abnormal offender may be given a custodial sentence which exceeds the normal sentence for that type of offence.
Abstract: The purpose of this article is to demonstrate how the recent trend towards protectionist sentencing has seriously compromised the due process rights of mentally abnormal offenders. The failure to clarify the rationale for sentencing mentally abnormal offenders has produced anomalous sentencing provisions and it has become acceptable sentencing policy that in certain circumstances a mentally abnormal offender may be given a custodial sentence which exceeds the ‘normal’ sentence for that type of offence.
TL;DR: In this article, the key role of the Court of Appeal has played in shaping sentencing policy in the last 20 years and it is argued that the continued divergence between judicial objectives and executive policy-making provides a significant obstacle to penal reform.
Abstract: This paper examines the key role which the Court of Appeal has played in shaping sentencing policy in the last 20 years. It is argued that the continued divergence between judicial objectives and executive policy-making provides a significant obstacle to penal reform. The analysis examines the interpretation of government legislation and initiatives by the Court of Appeal, Court of Appeal sentencing initiatives, and the impact of the Attorney Generals reference procedure. It is suggested that the solution to the problem lies in the establishment of flexible national guidelines which have judicial and executive approval based on agreed sentencing objectives
TL;DR: This paper examined the assessment of crime seriousness by probation officers and in particular questions whether gender has an influence on that decision and found that gender has a significant influence on the decision making process.
Abstract: There is a considerable amount of research on the differential processing and sentencing of women offenders in the criminal justice system. There is considerably less on the influence on women practitioners at all stages of the process. This article examines the assessment of crime seriousness by probation officers and in particular questions whether gender has an influence on that decision.
TL;DR: In this paper, the authors argue for the removal of Rule 47(21) from Prison Rules, arguing that it is contrary to the principle o/nulla poena sine lege and also to legal certainty.
Abstract: The writer argues for the removal of Rule 47(21) from Prison Rules. It is contrary to the principle o/nulla poena sine lege and also to that of legal certainty. It is unnecessary in that acts constituting offences against good order and discipline may already be punished under other paragraphs of the Rule. An opportunity to review the question will arise with the drafting of new primary and subordinate legislation.
TL;DR: In this article, a study of the daily activities of correctional administrators within a maximum-security prison was conducted, and the analysis considered how prison administrators portrayed their work worlds, and more importantly, examined the decoupling of administrative staff on key issues faced by them.
Abstract: Correctional administrator's portrayals of the problematic character of prison administration are analysed as rhetoric designed to justify their behaviours in light of practical realities. The study is based on the daily activities of correctional administrators within a maximum-security prison. All administrative staff within the prison were interviewed for the study. The analysis considers how prison administrators portrayed their work worlds, and more importantly, examines the decoupling of administrative staff on key issues faced by them. The paper concludes with a discussion of how rhetorical analysis is useful to a more complete understanding of prison administration.
TL;DR: The authors examines two community initiatives which purport to provide viable alternatives to custody which could be utilised by the courts in place of a prison sentence, and suggests that the Home Secretary should reconsider such alternatives.
Abstract: Beginning in 1988 government policy as regards incarceration of offenders appeared to move away from custody towards punishment in the community. This piece of research examines two community initiatives which purport to provide viable alternatives to custody which could be utilised by the courts in place of a prison sentence. The work describes and compares a community project based in Dumbarton, which is administered and partially financed by Save The Children Fund in partnership with Strathclyde region social work department; with an initiative in Middlesbrough which is administered by probation officers and forms part of the statutory resource unit for the area of Cleveland. The paper examines the aims of such projects, the programmes they have adopted and their outcomes. It is suggested that the Home Secretary should reconsider such ‘alternatives’.
TL;DR: In this article, a questionnaire survey generated estimates of time probation officers spent in a working week on cases of offenders who were recognised as having a drug problem, as regards partnership between the probation service and drug agencies, there were enthusiasms and worries on both sides.
Abstract: Research work was carried out in a probation service area, exploring probation practice with drug-using offenders and looking at the service's response to an initiative undertaken on behalf of drug agencies. A questionnaire survey generated estimates of time probation officers spent in a working week on cases of offenders who were recognised as having a drug problem. As regards partnership between the probation service and drug agencies, there were enthusiasms and worries on both sides. It is concluded that current conceptualisation of and approaches towards drug-related crime may render future collaborations no easier than what was observed here.