Showing papers in "Howard Journal of Criminal Justice in 2001"
TL;DR: The first survey of stalking victims to be conducted in the United Kingdom was conducted by as mentioned in this paper, who investigated the course and nature of prolonged stalking in 95 self-defined victims and found that a pattern of repeated intrusions, a high violence risk for both victims and their loved ones, a dearth of sources of support, and varied police response Stalkers had higher socio-economic status than most other criminals, were expartners of the victim in under half of cases, and did not necessarily operate alone.
Abstract: This article presents results from the first survey of stalking victims to be conducted in the United Kingdom In-depth questionnaire data are drawn on to investigate the course and nature of prolonged stalking in 95 self-defined victims Findings indicate a pattern of repeated intrusions, a high violence risk for both victims and their loved ones, a dearth of sources of support, and varied police response Stalkers had higher socio-economic status than most other criminals, were ex-partners of the victim in under half of cases, and did not necessarily operate alone
83 citations
TL;DR: There were significant differences in the nature and intensity of reporting of violence by men and by women, and different explanatory narratives were also employed; women's violence was more likely to be reported as irrational or emotional, with real ‘wickedness’ ascribed in a few high-profile cases.
Abstract: News reporting of violence reflects neither the ‘reality’ of the occurrence of violence nor the portrayal of violence in official statistics. The analysis of all reports of violence in four national British newspapers over six months illuminates the processes of selection, and the ways in which the news media promulgate and naturalise gender in the daily reporting of violence. This study found significant differences in the nature and intensity of reporting of violence by men and by women. Different explanatory narratives were also employed; women's violence was more likely to be reported as irrational or emotional, with real ‘wickedness’ ascribed in a few high-profile cases, whilst men's violence was more likely to be presented as ‘normal’ or rational.
80 citations
TL;DR: The third Bill McWilliams Memorial Lecture as mentioned in this paper examines some issues raised for the probation service by its roles both as part of the criminal justice system and as a participant in crime prevention partnerships.
Abstract: This article, which was originally given as the third Bill McWilliams Memorial Lecture at the University of Cambridge, Institute of Criminology, on 28 June 2000, examines some issues raised for the probation service by its roles both as part of the criminal justice system and as a participant in crime prevention partnerships. It suggests that some of the tensions between these roles have apparently been relieved by the criminal justice system articulating ‘risk of reoffending’ more clearly than previously as its primary rationale. There are, however, some problems raised for principles of fair punishment by a move from ‘risk management’ to ‘risk control’. It is argued that adoption of a strong human rights culture would provide the basis for probation to contribute to public protection whilst retaining important values.
55 citations
TL;DR: In this article, the authors examine the implications of the quest for knowledge of "what works" in the context of probation, both at the level of professional practice and the broader level of the power base of the service as a whole.
Abstract: This article examines the implications of the quest for knowledge of ‘what works’ in the context of probation, both at the level of professional practice and the broader level of the power base of the service as a whole. It is argued that the pursuit of knowledge of ‘what works’ in probation practice has had interesting and paradoxical implications for the probation service and its personnel, being associated with increasing credibility, whilst also exposing the service to a number of risks. The article concludes that the paradox of ‘what works’ has been magnified by its appropriation by the political centre in the form of the Effective Practice Initiative and, more recently, the ‘what works’ programme.
48 citations
TL;DR: The authors argued that regardless of which of the main theories of punishment one adopts, remorse is irrelevant to sentencing, and that it should henceforth be disregarded as a sentencing consideration.
Abstract: A fundamental moral proscription is that people should not violate the important interests of others, such as the right to life, physical integrity and property. Minimum standards of human decency require that when people breach this important proscription by breaking the criminal law, the least that is expected of them is that they show some contrition. It follows that offenders who are remorseful should not be treated more leniently. The purpose of this article is to debunk the widely held intuitive view that remorseful offenders should be dealt with less harshly than other offenders. We argue that irrespective of which of the main theories of punishment one adopts, remorse is irrelevant to sentencing, and that it should henceforth be disregarded as a sentencing consideration. Even in the context of restorative theories of justice, remorse only has a marginal role.
46 citations
TL;DR: The 1990s saw a steady growth in the world prison population with the USA contributing significantly to the upward trend as discussed by the authors. But, whilst it has been suggested that media-led panics and the propagation of 'prison myths' have legitimated prison growth, little work has been done on the significance of representations of prison in popular cinema for social and cultural understandings of imprisonment.
Abstract: The 1990s saw a steady growth in the world prison population with the USA contributing significantly to the upward trend. But, whilst it has been suggested that media-led panics and the propagation of ‘prison myths’ have legitimated prison growth there has been little work done on the significance of representations of prison in popular cinema for social and cultural understandings of imprisonment. The current article attempts to redress this neglect. After a brief review of some of the existing literature, an analysis of four significant ‘prison films’ of the nineties is presented. It is concluded that, with respect to film, the notion of challenging media misrepresentations of prisons and prisoners is problematic.
31 citations
TL;DR: The Dutch prison system has long shifted between concentration and dispersion. as discussed by the authors explains why this shift occurred and how penal experts have dealt with issues of safety and treatment in this new supermax.
Abstract: In the Western world, prison systems have to deal with the inherent tension between the need for safety and the aim to offer rehabilitative opportunities to prisoners. Conventional prison wisdom tells us that safety concerns tend to constrain opportunities for rehabilitation, while treatment programmes undermine safety. The small group of violent and escape-prone prisoners found in most prison systems poses a special problem. In theory, two policy options exist in order to deal with this problem: (i) disperse high-risk prisoners throughout the system, or (ii) concentrate high-risk prisoners in a so-called supermax prison. The Dutch prison system has long shifted between concentration and dispersion. In 1993, a supermax was built. This article explains why this shift occurred and how penal experts have dealt with issues of safety and treatment in this new supermax.
25 citations
TL;DR: In this paper, the authors describe two pilot schemes which used community panel meetings to decide on diversionary plans for adult offenders, which displayed elements of restorative justice processes, particularly adopting plans designed to make amends for offending.
Abstract: Many countries are now exploring new models of justice in the hope that they can be more effective than the traditional criminal justice system in responding to victims, reducing the probability of reoffending and contributing to community safety. This article describes two pilot schemes which used community panel meetings to decide on diversionary plans for adult offenders. Both displayed elements of restorative justice processes, particularly adopting plans designed to make amends for offending. One placed an emphasis on the participation of victims and taking part in rehabilitative programmes. The other placed emphasis on responsibility to the indigenous community and taking reintegrative measures. Despite these differences, both schemes resulted in fewer reconvictions and less serious reconvictions compared to matched control groups and both schemes represented financial savings compared to conventional court processes and correctional outcomes.
25 citations
TL;DR: In this article, four types of justification for including the victim are delineated, and the practical implications of each are considered for defining who is a victim, determining the content and form of participation, and assessing effectiveness.
Abstract: Despite the trend in many countries towards permitting or desiring the participation of victims at sentencing, states are still having to grapple with the conceptual and practical issues raised by moves to include victims at sentencing. What has been lacking is an appreciation of the different rationales for inclusion and the problems that result from each. Four types of justification for including the victim are delineated, and the practical implications of each are considered for defining who is a victim, determining the content and form of participation, and assessing effectiveness. Three recent developments (in the USA, England and Wales, and South Australia) are used as a focus.
25 citations
TL;DR: In this article, the author discusses the recent birth of what the author perceives to be a move towards increased specialisation in our magistrates'courts, along with a consideration of the substance, foundation and desirability of specialisation.
Abstract: This article discusses the recent birth of what the author perceives to be a move towards increased specialisation in our magistrates'courts. The developments which suggest the beginnings of such a trend have all taken place in West Yorkshire where two specialist drug courts and a specialist domestic violence court are now in operation. These courts are effectively piloting an innovative approach which, should it prove successful, would seem likely to be developed on a nationwide scale. The specialist courts which have been established in this country to date are looked at in some detail, alongside a consideration of the substance, foundation and desirability of specialisation. However, due to the fact that specialist courts in this country are at such a formative stage, it is rather early to comment meaningfully on their effectiveness; therefore, these courts are evaluated predominantly through discussion of their forerunners in the United States. The aims and motivations behind specialisation are considered along with a discussion of the advantages to be gained from such an approach. These advantages are considered both in practical terms and in abstract. In conclusion, an analysis of the areas where specialisation is likely to take place in this country in the future is offered, along with a consideration of the wider context of this new development.
15 citations
TL;DR: It will be arguing that the 1998 strategy is a small improvement on the previous policy but the continued emphasis on the supply side approach to tackling drug misuse will ultimately fail to reduce drug misuse in prison.
Abstract: This article draws on the findings of a research study conducted on behalf of the Directorate of Health Care of the Prison Service. The study involved conducting a needs analysis of drug misuse in three Leicestershire prisons. The aims of the project were: (i) to assess the level of drug misuse in three prison establishments; (ii) to assess the level of staff knowledge of drug misuse and staff management of drug misuse; (iii) to assess current staff training in drug misuse, and (iv) to explain how effective multi-disciplinary working with prison staff and staff in community based facilities may be developed. The article presents some of the findings from the research which show how they have informed the current drug strategy while at the same time crucial findings and important issues have been sidelined. We will be arguing that the 1998 strategy is a small improvement on the previous policy but the continued emphasis on the supply side approach to tackling drug misuse will ultimately fail to reduce drug misuse in prison. Not only do we wish to question the approach which the strategy adopts but also whether or not the extent of the problem requires the level of response envisaged and the resources involved.
TL;DR: In this article, the development of the academic contribution of the BA Community Justice to the Diploma in Probation Studies at the University of Birmingham, one of nine universities contracted nationally to deliver the new qualification, is discussed.
Abstract: After a decade of uncertainty, a new form of training for probation officers, separate from social work training, was established by the New Labour government in 1997. This article deals with the development of the academic contribution – a BA Community Justice – to the Diploma in Probation Studies at the University of Birmingham, one of nine universities contracted nationally to deliver the new qualification. It sets the new award in the context of the history of probation training at the University of Birmingham, and explores how the personal beliefs and experiences of the author have shaped his teaching on it. As such, it seeks to contribute to the under-explored area of how criminology is taught in higher education, how it might be shaped to suit the needs of trainee probation officers, and to add a new chapter to established histories of probation training. The article was written to celebrate the graduation of the first cohort of newly trained officers.
TL;DR: In this article, the authors discuss the criticisms of social workers' and parents' performance of the role and then consider the findings from a survey that explores volunteers' performance, concluding that when the volunteers surveyed contributed in the interview, they fulfilled the role as intended.
Abstract: The ‘appropriate adult’ is intended to safeguard the interests of the young suspect in the police interview. This article discusses the criticisms of social workers' and parents' performance of the role and then considers the findings from a survey that explores volunteers' performance. The findings suggest that, when the volunteers surveyed contributed in the interview, they fulfilled the role as intended. This article also examines the implications of employing the survey method as a means of data collection in this field. The author concludes that further research is required in order for the survey findings to be considered conclusive and generalisable and suggests two further methods.
TL;DR: In this article, the consequences of working within a Christian-dominated penal system upon a group of Imams who regularly visit British prisons were explored, and the Imams revealed that they were not the passive victims of institutional racism, but rather struggled against their material conditions in order to force the prisons in which they work to respond to their own needs and those of the prisoners whom they serve.
Abstract: This article presents the results of a study exploring the consequences of working within a Christian-dominated penal system upon a group of Imams who regularly visit prisons. The Islamic religion is currently the fastest growing non-Christian religion in British prisons and so it was considered to be important to document the experiences of the spiritual guides of this faith. Interview data revealed that the Imams face many disadvantages as a result of belonging to a non-Christian religion, amounting to a form of 'institutional racism'. However, many of them revealed that they were not the passive victims of institutional racism (and sometimes direct racism also), but rather struggled against their material conditions in order to force the prisons in which they work to respond to their own needs and those of the prisoners whom they serve. Nonetheless, it appears that any opportunities for change are limited by the structural imbalance between Christian and non-Christian faiths within the penal system.
TL;DR: In this paper, the consequences and impacts upon a group of employees who worked for an organisation in which white-collar violations took place were explored. But the authors focused on the secondary victimisation, since former employees considered the detrimental effects upon their lives as a result of the closure of BCCI to be linked to regulatory and media responses to the bank rather than to any crimes which had been committed.
Abstract: This article presents the findings of a study exploring the consequences and impacts upon a group of employees who worked for an organisation in which white-collar violations took place. Former employees of the Bank of Credit and Commerce International (BCCI) were interviewed, and the financial, emotional, and psychological effects of the closure of this bank upon their lives documented. Results reveal that the issue of ‘secondary victimisation’ is of particular importance in this case study, since former BCCI employees considered the detrimental effects upon their lives as a result of the closure of BCCI to be linked to regulatory and media responses to the bank rather than to any crimes which had been committed. This case study illustrates the importance of considering the actions of regulatory authorities and the media in cases of ‘white-collar crime’ and their impact upon the individuals whose lives are caught up in ‘white-collar scandal’.
TL;DR: Williams, John, 'Hunger Strikes: A Prisoner's right or a 'Wicked Folly'?', Howard Journal of Criminal Justice, (2002) 40(3) pp.285-296
Abstract: Williams, John, 'Hunger Strikes: A Prisoner's right or a 'Wicked Folly'?', Howard Journal of Criminal Justice, (2002) 40(3) pp.285-296
TL;DR: The authors describes the genesis of judicial activism and its impact upon the criminal justice system and some shortcomings and what this portends for the future are also discussed. But, the impact has been phenomenal.
Abstract: Judicial activism has emerged as a powerful mechanism of social change in India. Several judges have re-interpreted court procedures and evolved what has come to be known as Public Interest Litigation to empower ordinary citizens to write a letter and draw the attention of the apex court. The impact has been phenomenal. Judicial action initiated through these written petitions have given relief to a wide variety of cases, giving justice to the weaker sections and even taking action against political corruption and unaccountability. This article describes the genesis of judicial activism and its impact upon the criminal justice system. Some shortcomings and what this portends for the future are also discussed.
TL;DR: The sanction hierarchy is not suited to this and indeed may have facilitated disproportionate sentencing as mentioned in this paper, and what is required is the concept of the exchange rate, rather than the sanction hierarchy.
Abstract: The sanction hierarchy as a device for promoting proportionality is an idea entrenched in English sentencing. It is founded on the work of Von Hirsch and Wasik. This article challenges their view. There are three aspects of severity: punitive, correctional and functional severity. The first concerns proportionality between offence seriousness and sanction severity and raises the problem of scaling the quantum of punishment. The sanction hierarchy is not suited to this and, indeed, may have facilitated disproportionate sentencing. Rather, what is required is the concept of the exchange rate. Scaling in regard to the second and third aspects aims to ensure that the proportionate punishment is by way of the most humane and correctionally efficacious sanction and meets, where relevant, subsidiary functions of sentencing such as denunciation. Scaling here is about the type of sanction. For this the sanction hierarchy is suited, but these two aspects of severity are ignored by Von Hirsch and Wasik. The second task of this article is to propose a structure for scaling sanction severity and providing for individualisation of sentence with respect to the offence and offender within a desert framework. This builds on the previous ideas of Morris and Tonry.
TL;DR: The authors analyzed the transcripts of hearings that were held immediately prior to Bill C-37, the last set of legislative amendments to the Young Offenders Act which were enacted in 1995, has revealed the prominence of the language of rationalisation, polarisation and over-simplification.
Abstract: In postmodern democratic societies, mediation of diverse discourses on critical social issues has become an essential means by which states legitimate social policy formulation. Yet because discourse can serve as an instrument of both power and resistance, mediation is a process that often entails language that is ambivalent and simplified. In Canada, since the mid-1980s successive federal governments have attempted to mediate debate concerning amendments to the Young Offenders Act through a series of parliamentary hearings. Analysis of the transcripts of hearings that were held immediately prior to Bill C-37, the last set of legislative amendments to the Act which were enacted in 1995, has revealed the prominence of the language of rationalisation, polarisation and over-simplification. As such, the hearings and subsequent passage of the amendments did little to reduce the ambiguity and contradictions of Canada?s youth justice policy.
TL;DR: The Criminal Procedure and Investigations Act (CPIA) 1996 introduced a regime for advance disclosure which is at odds with the operational practices of police officers, the Crown Prosecution Service (CPS) and defence solicitors as mentioned in this paper.
Abstract: The Criminal Procedure and Investigations Act (CPIA) 1996 introduced a regime for advance disclosure which is at odds with the operational practices of police officers, the Crown Prosecution Service (CPS) and defence solicitors. Discretion in matters of disclosure has largely been returned to police officers with evidence of flawed supervision of the process by both police and CPS. As a consequence errors, whether inadvertent or otherwise, may not be recognised and the result is a system which presents real risks of future miscarriages of justice.
TL;DR: This paper traced the development of prison law and prisoners' rights in the last 20 years, and pointed out that the Court of Appeal decisions immediately prior to the enactment of the Human Rights Act 1998 suggest that the impact of the Act in prisoners' cases will be limited.
Abstract: Twelve years ago in this journal Viviane Treacy (1989) predicted a conflict between the common law and the European Convention on Human Rights over the issue of prisoners' rights. At first glance this view was a pessimistic one, as we now have legislation that requires English judges to pay heed to the Convention in their deliberations (Human Rights Act 1998). Two Court of Appeal decisions immediately prior to the enacting of the legislation (R v. SSHD ex parte O'Dhuibhir[1997] (unreported) CA Transcript 383; R v. SSHD ex parte Simms, ex parte Main[1998] 2 All ER 491) however suggest that the impact of the Act in prisoners'cases will be limited. Furthermore these two cases are an indication of a retreat from a position where our courts acknowledged prisoners as having positive legal rights. This article attempts an explanation of this by tracing the development of prison law and prisoners' rights in the last 20 years.
TL;DR: The authors discusses suffering among some British prisoners prior to and post their imprisonment between 1835 and 1860, who tended to disclose this in the context of the evangelical Christian prison mission which was a dominant motif of prison discipline at this time.
Abstract: This article discusses suffering amongst some British prisoners prior to and post their imprisonment between 1835 and 1860. Those who revealed their suffering to officials tended to disclose this in the context of the evangelical Christian prison mission which was a dominant motif of prison discipline at this time. Clear themes of suffering emerged from their self disclosures, which prisoners themselves set in the context of a spiritual struggle which they experienced as highly problematic.