scispace - formally typeset
Search or ask a question

Showing papers in "Howard Journal of Criminal Justice in 2004"


Journal ArticleDOI
TL;DR: In this article, the authors present the initial theoretical underpinnings for a fresh prospective study of desistance, focused on 20-year-old recidivists, with special reference to their age-transitional status and the relevance of community in their lives.
Abstract: This article presents the initial theoretical underpinnings for a fresh prospective study of desistance, focused on 20-year-old recidivists. It is argued that significant crime-free gaps appropriately form part of the subject matter of desistance. An interactive theoretical framework is presented, involving ‘programmed potential’, ‘social context’ (structures, culture, situations) and ‘agency’. It is argued that agency, while rightly attracting increasing interest within criminology, needs to be used with greater precision. Aspects of the social context of the research subjects' lives are summarised, with special reference to their age-transitional status and the relevance of ‘community’ in their lives. Since most criminal careers, even of recidivists, are short, the implications of subjects' movement from conformity to criminality and back to conformity require greater thought among criminologists and criminal justice professionals. However, these broad movements contain significant oscillations, and ‘crime’ is not a unidimensional concept in the lives of the research subjects. Capturing and explaining the complexity of these matters longitudinally is a significant challenge for the research.

245 citations


Journal ArticleDOI
TL;DR: The Dynamics of Recidivism was cited by the Home Secretary of the Conservative government during the 1990s to support the political doctrine that "prison works". This claim drew on qualitative data from pre- and post-prison interviews of 130 male offenders to uphold a narrow rational choice perspective that emphasised the perceived 'costs' of imprisonment to the offender as mentioned in this paper.
Abstract: A 1992 study, The Dynamics of Recidivism, was cited by the Home Secretary of the Conservative government during the 1990s to support the political doctrine that 'prison works'. This claim drew on qualitative data from pre- and post-prison interviews of 130 male offenders to uphold a narrow rational choice perspective that emphasised the perceived 'costs' of imprisonment to the offender. A ten-year reconviction study was carried out as a follow-up to the 1992 study. The subsequent criminal careers of the majority of the sample contradict an assumption that imprisonment has a deterrent impact. In the light of these findings, and an analysis of the differential impacts of subjective and social factors in the experiences of these ex-prisoners, this article reviews the limitations of 'rational choice theory' as a basis for understanding recidivism and desistance from crime.

212 citations


Journal ArticleDOI
Aisha Gill1
TL;DR: The authors examined the subjective experiences of South Asian women in the United Kingdom who have suffered domestic violence, and identified some of the risk factors for domestic violence within this community, and found that abusive acts against Asian women arise out of a multiplicity of cultural circumstances influenced by power relations.
Abstract: This article examines the subjective experiences of South Asian women in the United Kingdom who have suffered domestic violence, and identifies some of the risk factors for domestic violence within this community. The study, based on in-depth interviews with 18 Asian women, describes and analyses several aspects of domestic violence in relation to South Asian women. The guiding research questions are: how do Asian women interpret their experiences of domestic violence, and to whom do they report it? This article presents data that suggest that abusive acts against Asian women arise out of a multiplicity of cultural circumstances influenced by power relations. Abusive acts are not therefore limited to a single characteristic, such as physical abuse, or to a particular relationship. Recurrent themes emerge from the women's accounts, revealing their definitions of domestic violence and showing how some continue to play down the levels of violence they experience. The article voices the concerns of and hardships experienced by victims and survivors of domestic violence, in their own words. Finally, the article offers an analysis of the ways in which notions of honour and shame are used both as tools to constrain women's self-determination and independence, and as catalysts for domestic violence when these notions of family and community are challenged by women.

183 citations


Journal ArticleDOI
TL;DR: In this paper, it is suggested that successful desistance from crime may be rooted in recognition of an opportunity to claim an alternative, desired and socially approved personal identity (e.g., mother), which may also provide a "script" by which to enact a conventional, pro-social social role.
Abstract: The author explores some theoretical perspectives that, together, might aid development of a heuristic understanding of female desistance from crime: opportunity; identity; scripts; self-efficacy; and resilience. For an opportunity for desistance to be seized, it must not only present itself to the offender, but also be both recognised and valued as such. It is suggested that successful desistance from crime may be rooted in recognition of an opportunity to claim an alternative, desired and socially approved personal identity. Certain common identities that may present themselves as available (for example, mother) may also provide a ‘script’ by which to enact a conventional, pro-social social role. Accessibility of such a skeleton script enhances confidence in the ability to enact it successfully, thus altering the woman's sense of self-efficacy. Studies of resilience and coping further illuminate the skills and strategies that may be utilised to protect and perpetuate a newly acquired self-identity. The author concludes by drawing some implications for rehabilitation efforts based on such an understanding of female desistance.

158 citations


Journal ArticleDOI
TL;DR: In this paper, a discussion of the inclusionary and exclusionary aspects of anti-social behaviour as a phenomenon which is linked to the changing constellation of care and control professions is presented.
Abstract: Measures introduced to tackle anti-social behaviour have been described as crime control through the coming together of social housing management and policing. This suggests that a new form of social control is coming into effect. Taking Cohen's classic analysis of social control, it is possible to discern the extent to which the control of anti-social behaviour is characterised by a blurring of boundaries, behaviourism, mesh-thinning and net-widening. This leads to a discussion of the inclusionary and exclusionary aspects of anti-social behaviour as a phenomenon which is linked to the changing constellation of ‘care and control’ professions.

124 citations


Journal ArticleDOI
TL;DR: From a very small base of empirical studies in the 1940s and 1950s, the literature on how and why people stop offending has grown rapidly in the last two decades as discussed by the authors.
Abstract: From a very small base of empirical studies in the 1940s and 1950s, the literature on how and why people stop offending has grown rapidly in the last two decades (see Laub and Sampson (2001) for a comprehensive review). Only recently, however, have researchers started to forge links between studies of desistance from crime and ‘What Works’ in offender management policy (see especially, Maruna and Immarigeon 2004). This ‘coming together’ of research into why people stop offending and the (re-)emergence of concerns with effective practice is, like many partnerships, partly the result of good timing, partly the result of fortune, and not without its tensions and struggles. The purpose of this introductory essay, and indeed of this special issue, is to explore these tensions in greater depth than has been possible in previous work.

82 citations


Journal ArticleDOI
TL;DR: In this paper, the authors argue that desistance research should provoke a reconsideration of the essential character of interventions with adults involved in offending behaviour, and propose implica- tions for practice of some important desistance studies in order to stimulate discussion and debate about the extent to which desistance researchers might challenge the correctionalism that is emerging in probation policy and practice in the UK.
Abstract: This article argues that desistance research should provoke a reconsideration of the essential character of interventions with adults involved in offending behaviour. It begins by discussing broad accounts of the characteristics of late-modern penal systems as the background to an exploration of current developments in probation policy and practice. In particular, the discussion develops some contrasts between 'welfarist rehabilitation' and 'correctional treatment' as competing (but inadequate) paradigms for probation practice. In the context of these contrasts, the situation of criminal justice social work in post-devolution Scotland receives particular attention. Possible implica- tions for practice of some important desistance studies are then developed, in order to stimulate discussion and debate about the extent to which desistance research might challenge the correctionalism that is emerging in probation policy and practice in the UK. In the conclusion, bearing in mind proposed organisational changes on both sides of the border that might tend towards advancing correctionalism, the prospects for more constructive developments in Scotland are considered in the light of emerging evidence about the views of frontline workers and in the light of existing 'official' objectives for criminal justice social work. The origins of this article may differ from the other contributions to this edition in that they do not lie in particular research studies exploring desistance from offending. Rather they lie in the experience of reviewing the findings of several such studies and of attempting to disseminate them to practitioners in the form of a briefing paper (McNeill 2002) which prompted a series of invitations to talk to groups of criminal justice social workers. In particular, the development of the argument in this article owes much to a coincidental conjunction between these interactions and other contact with practitioners relating to quite a different kind of ongoing research study exploring the views of frontline criminal justice social workers in Scotland about the purposes of their work, their roles and techniques and their values and priorities. The product of this conjunction was an urge to further explore the potential of one form of criminological research evidence to reshape one form of penal practice.

68 citations


Journal ArticleDOI
TL;DR: In this article, the authors consider the complexity of measuring the impact on crime reduction of different types of intervention with young people, which use the medium of sports activity and make some suggestions for evaluation methods, based on experience.
Abstract: This article considers the complexity of measuring the impact on crime reduction of different types of intervention with young people, which use the medium of sports activity. It draws on the authors' experience of sports-related programmes. Interventions are categorised using a combination of Brantingham and Faust's (1976) categorisation of programmes as primary, secondary, or tertiary prevention and the mechanism by which the intervention is likely to work (Pawson and Tilley 1997). This shows that the impact of some types of intervention is not only inherently more difficult to measure, but also demands far more resources to do so. This applies particularly to interventions such as the Youth Justice Board supported summer Splash programmes, which involve casual participation, and target geographical areas rather than individuals. The relationship of the categorisation to the technical and practical difficulties of measuring impact shows that the ideal of evidence-led policy is not easy to achieve, however, using this categorisation, the article makes some suggestions for evaluation methods, based on experience. The article also shows that in some cases the resources required to produce the evidence exceeds those available to many programmes. The implications of this are considered.

44 citations


Journal ArticleDOI
TL;DR: In this article, a detailed analysis of coercive sexual behaviour in British prisons as reported by victim, perpetrator, non-victim and non-perpetrator ex-prisoners is presented.
Abstract: This research has produced a detailed analysis of coercive sexual behaviour in British prisons as reported by victim, perpetrator, non-victim and non-perpetrator ex-prisoners. A total of 408 participants have contributed to this study. Their responses have been structured around the following hypotheses: (i) victims are reluctant to discuss and report incidents of sexual coercion (sexual exploitation, rape and sexual assault, including forced drug searches); therefore, sexual coercion remains under-reported within the prison system; (ii) different types of ‘discreet’, exploitative relationships exist, and these can include blackmail, violence and sex in exchange for goods; (iii) victims of sexual coercion involving sexual intimacy will predominate among: younger, passive, homosexual, inexperienced prisoners without group affiliations; (iv) victims of forced drug searches will predominate among: younger, passive, drug dependent, prisoners without group affiliations. Coercive sexual behaviour included forced drug searches and those who had been coerced for sexual intimacy. Approximately 1% had been sexually coerced involving sexual intimacy and 4% had been subjected to forced drug searches. Perpetrators for both groups consisted predominantly of prisoners, rather than staff. Victims reported a higher number of psychological problems following the initial incident compared to non-victims. Once targeted, victims found themselves open to repeated abuse by multiple perpetrators. Perpetrators actively employed various strategies to prevent victims from reporting the incident. Further research needs to be conducted on prison sexual coercion. This will help in the treatment of victims and the development of preventative measures.

41 citations


Journal ArticleDOI
TL;DR: In this paper, the authors describe how two police-led restorative pilots for juveniles operated in Northern Ireland, and argue for the need to do so with care, if the equality of restorative justice is not to be compromised.
Abstract: In recent years there has been a considerable growth in the use of restorative justice schemes, particularly for young offenders.This article describes how two police-led restorative pilots for juveniles operated in Northern Ireland. The pilots were found to offer a number of distinct advantages over the traditional cautioning practice abd helped secure some of the values of retorative justice. However, they were not withour fault and the research found evidence of 'net widening', whereby some offenders appeared to have been drawn into the schemes unnecessarily. It was also evident that the schemes required significant resources in order to involve participants (particularly victims) and to operate effectively. In light of the government's intention to greatly expand restorative practice in Northern Ireland generally, this article argues for the need to do so with care, if the equality of restorative justice is not to be compromised.

40 citations


Journal ArticleDOI
TL;DR: The authors examines how criminal justice is evolving under an emerging Dutch-style Garlandian social discourse of crime and security, and discusses some of these crises, the governmental response to them, and examines the evolution of criminal justice in the Netherlands.
Abstract: Criminal justice policy in the Netherlands has traditionally been characterised by a great deal of stability but recent crises have fuelled a public mood of discontent and disarray. The most notable event in this regard has no doubt been the assassination of populist politician Pim Fortuyn in May 2002. This article discusses some of these crises, the governmental response to them, and examines how criminal justice is evolving under an emerging Dutch-style Garlandian social discourse of crime and security.

Journal ArticleDOI
TL;DR: In this article, the authors describe the reporting trajectories of the 13 cases that received the most coverage in a leading British newspaper, The Times, over a period of 23 years (1977 to 1999 inclusive).
Abstract: This study describes the reporting trajectories of the 13 cases that received the most coverage in a leading British newspaper, The Times, over a period of 23 years (1977 to 1999 inclusive). We have classified these as ‘mega-cases’. This approach moves beyond merely measuring the coverage of cases to charting how cases can escalate to become ‘moral panics’, move into a shared ‘general knowledge’ of killing or, in some cases, come to occupy iconic status. Some ‘mega’ cases fade from consciousness when viewed over a period of time. In ‘mega-cases’ there is an unexpected ‘primary incident’ that makes the case newsworthy in the first instance. Then the ‘formal process’ helps to manage a homicide within accepted and acceptable boundaries. In broad terms, the media trajectories of these ‘mega-cases’ following the ‘primary incident’ are predictable. However, further unexpected ‘incidents’ unrelated to ‘process’– suicides, attacks by other prisoners, escapes – challenge the predictability of these ‘mega-cases’. The trajectories of homicide cases that begin to link in with wider societal agendas are the most difficult to predict.

Journal ArticleDOI
TL;DR: The penal landscape in the Republic of Ireland has changed significantly since the mid-1990s as mentioned in this paper, due to a combination of factors including the politicisation of the debate about crime, a build up of long sentence prisoners, an expansion of the remand population and a reduction in the use of early release to ease overcrowding.
Abstract: The penal landscape in the Republic of Ireland has changed significantly since the mid-1990s. Most notably, the average daily prison population grew swiftly at a time when recorded crime was falling. This contradictory trend was due to a combination of factors including the politicisation of the debate about crime, a build up of long-sentence prisoners, an expansion of the remand population and a reduction in the use of early release to ease overcrowding. The costs of incarceration, especially prison officer overtime, became the focus of acute concern and for the first time foreign nationals became a significant presence in Irish prisons.

Journal ArticleDOI
TL;DR: The New English and Welsh Arrestee Drug Abuse Monitoring (New-ADAM) program as discussed by the authors has been used to monitor gun crime and to take effective action, and it is important to increase current knowledge about the possession and use of guns among offenders.
Abstract: There is a growing concern about the extent of gun possession and use amongcriminals. Despite this concern, relatively little is known about gun ownership in theoffender population. This article aims to help fill this gap by drawing on the results ofinterviews with arrestees conducted in 16 locations in England and Wales as part of theNEW-ADAM (New English and Welsh Arrestee Drug Abuse Monitoring) programme.In order to monitor gun crime and to take effective action, it is important to increasecurrent knowledge about the possession and use of guns among offenders.There is a growing concern about the extent of gun possession and useamong criminals in the UK. This has been fuelled in part by theprominence given to this topic by the media. Widely publicised reportsinclude the case of two young women killed in Birmingham who werebelieved to have been the victims of crossfire between rival gangs (Barker2003). They also include a report of a ‘drive-by’ shooting in Harlesden in2003 in which the police estimate that over a dozen shots were fired(Casciani 2003). However, these concerns are not confined to mass mediasources. A report from the National Criminal Intelligence Service (NCIS)reported that criminal possession and use of firearms had increasedbetween 2000 and 2002 and estimated that there could be anythingfrom 200,000 to four million illegal firearms in circulation. The authorsbelieve that there is concern among the police and the public aboutpossession and use of firearms and note their own concern about the highcost of criminal firearm use for the judicial, prison, health and policeservices (NCIS 2002).The NCIS report argues that some of the variation in estimates of guninvolvement among offenders is a result of the current lack of consistentdata on firearms. There are some national data on the use of firearms inrecorded crime and data on seizures relating to firearm offences andsubsequentarrests.However,therearenonationalstatisticsonthenumberof illegal guns in circulation or the number of criminals who possess illegal

Journal ArticleDOI
TL;DR: In this article, the authors examine the implications of applying major findings of the what works literature to non-mainstream correctional groups, such as those comprising female, adolescent and Indigenous offenders, and conclude that there is insufficient evidence available at present to be able to assess the rehabilitative efficacy of cognitive-behavioural approaches when applied uncritically with offenders outside the adult mainstream.
Abstract: This article challenges views that cognitive-behavioural approaches are universally applicable with all groups of offenders. It examines the implications of applying major findings of the ‘what works’ literature to non-mainstream correctional groups, such as those comprising female, adolescent and Indigenous offenders. It asserts that successful rehabilitation depends on the application of treatment matched to the criminogenic and non-criminogenic needs of the person, as demonstrated through the meta-analysis of Andrews and Bonta (2003) and the ‘what works’ literature. Whilst acknowledging the value of these approaches, the article reflects uncertainties about the efficacy of group processes and cognitive-behavioural approaches in working with young people, women and Indigenous offenders, groups that have been largely neglected in terms of research and evaluation, especially in Australia. The article concludes that there is insufficient evidence available at present to be able to assess the rehabilitative efficacy of cognitive-behavioural approaches when applied uncritically with offenders outside the adult mainstream and identifies the need for wider research into effective group treatment processes with these groups.

Journal ArticleDOI
TL;DR: In this article, the authors provide an analysis of the non-payment or default problem and specifically focus on the lessons to be learned about the suitability of financial penalties for different circumstances, by drawing on research conducted for the Home Office from 2000 to 2002 and based in the magistrates' courts of England and Wales.
Abstract: Against the background of a new emphasis by government on the use and enforcement of financial penalties, this article explores some of the realities and problems that currently associate with this form of judicial and administrative sanction, and highlights some of the operational and practice challenges to be addressed if, indeed, financial penalties are to play a more significant role in the future. The article does this, in particular, by drawing on research conducted for the Home Office from 2000 to 2002 and based in the magistrates' courts of England and Wales. This study provides an analysis of the non-payment or default problem and specifically focuses on the lessons to be learned about the suitability of financial penalties for different circumstances.

Journal ArticleDOI
TL;DR: The functions of inspectorates are symbiotically related to the characteristics of the services they inspect as discussed by the authors, and the focus is now less on processes and more on outcomes, and if improving the working of the criminal justice system generally is the object, there is a case for there being a single inspectorate covering the police, the Crown Prosecution Service, the criminal courts, and the Probation and Prison Services.
Abstract: The functions of inspectorates are, and should be, the Chief Inspector argues, symbiotically related to the characteristics of the services they inspect. Thus HMIProbation had to change when, in April 2001, the 54 local probation services in England and Wales became the National Probation Service. HMIProbation has developed a new inspection methodology reflecting this. The focus is now less on processes and more on outcomes. Further, if improving the working of the criminal justice system generally is the object, the Chief Inspector maintains that there is a case for there being a single inspectorate covering the police, the Crown Prosecution Service, the criminal courts, and the Probation and Prison Services.

Journal ArticleDOI
TL;DR: This article found that on average, magistrates attached more than one condition to bail, and they were limited in the types of conditions they imposed, and there was no difference in the consistency of their conditional and unconditional bail decisions.
Abstract: Conditional bail is a popular alternative to a remand in custody when magistrates believe a defendant poses a risk if released unconditionally. In the present study, magistrates made bail decisions on systematically designed hypothetical cases. It was found that on average, magistrates attached more than one condition to bail, and they were limited in the types of conditions they imposed. Although there was no difference in the consistency of magistrates' conditional and unconditional bail decisions, magistrates were more likely to disagree on a case when deciding to grant conditional bail, and they were less confident in their conditional bail decisions. In addition, magistrates' imposition of conditions was affected by both legal and extra-legal factors. Implications for enhancing magistrates' performance are discussed.

Journal ArticleDOI
TL;DR: In this article, the authors present findings from an ethnographic study of 45 young, black, men in three young offender institutions in England and Wales, and seek to give them a "voice" about being "young", "black" and in custody.
Abstract: This article presents findings from an ethnographic study of 45 young, black, men in three young offender institutions in England and Wales, and seeks to give them a ‘voice’ about being ‘young’, ‘black’ and in custody. As such it builds on previously published work in the Howard Journal that presented ‘emerging findings’ from this research. Both the ‘emerging findings’ and this article suggest that these young, black, men adapt a strategy that they have used in dealing with the police in the community to the reality of prison life, a strategy which they describe as ‘the Game’, which involves either ‘keeping quiet’ or ‘going nuts’ and which transcends the Prison Service's formal monitoring and complaints procedures about race.

Journal ArticleDOI
TL;DR: In this article, two replacement discourses are commended: first, the language of userism/consumerism; and, second, an integration of strain and rational choice crime theories, as an alternative to the "psychic prisons" of conservatism and individual positivism fast enveloping the service.
Abstract: The probation service is at risk of serious harm from the discourses of toughness and cure. People subject to community rehabilitation orders are categorised first and foremost as ‘offenders’ by probation officers, their managers and governors. Not surprisingly, people on probation are increasingly viewed as bad or as misfits, either way they have nothing intrinsically valuable to contribute to their supervision nor to the work of the probation service more generally. As a counter to this exclusion and disenfranchisement, two replacement discourses are commended: first, the language of userism/consumerism; and, second, an integration of strain and rational choice crime theories, as an alternative to the ‘psychic prisons’ of conservatism and individual positivism fast enveloping the service.

Journal ArticleDOI
TL;DR: In this article, a study of three magistrates' courts reveals significant variations in their committal rates and individual court cultures which have evolved as a consequence of an implicit belief in the concept of local justice provide the prime explanation for these differences.
Abstract: A research study of three magistrates' courts reveals significant variations in their committal rates It is argued that individual court cultures which have evolved as a consequence of an implicit belief in the concept of local justice provide the prime explanation for these differences Local cultures generate a shared understanding of decision-making patterns so that magistrates are rarely faced with genuinely contested venue applications

Journal ArticleDOI
TL;DR: In this paper, the authors compared the similarities between children referred to the Scottish children's hearings tribunals system on offence and non-offence grounds to explore whether more similarities than differences were found in their underlying realities and actual needs.
Abstract: Children referred to the Scottish children's hearings tribunals system on offence and non-offence grounds were compared to explore whether more similarities than differences were found in their underlying realities and actual needs. This was the contention of the Kilbrandon Committee in 1964, which led to the establishment of the children's hearings system. The hearings system is distinctive in that decision making for children who offend and those in need of care and protection is dealt with in the same system of lay panels. Data on the referral records of 482 children found the grounds of referral changed over time with the majority of children (two-thirds) referred on offence and non-offence grounds at different points in their contact with the system. The remaining third of children had referrals either solely on offence grounds (villains) or solely on care and protection grounds (victims). While the social backgrounds of children showed more similarities than differences, the different referral pathways over time suggest that for some children more focused intervention primarily to address offending behaviour or child abuse and neglect may be required. The implications for policy and practice in the use of compulsory measures of supervision are discussed.

Journal ArticleDOI
TL;DR: In this article, the authors examined how both the admissions into remand and the average length of remand custody can be reduced in the Belgian prison overcrowding, and compared them to foreign initiatives aiming either at limiting the application or increasing the application of alternatives for remand.
Abstract: Searching for solutions to Belgian prison overcrowding, the authors examine how both the admissions into remand and the average length of remand custody can be reduced. Belgian alternatives to remand custody are compared to foreign initiatives aiming either at limiting the application of remand custody (judicial authorisation, regional quota, legal restrictions and guidelines) or at increasing the application of alternatives for remand custody (electronic monitoring and the creation of a special service in the courthouse).

Journal ArticleDOI
TL;DR: In this paper, a two-part history of groupwork in probation during the 20th century is described, with the first part tracing the development of this aspect of probation work as an important part of the theory and practice of supervising probationers in the community and the second part purporting to show the burgeoning significance and relevance of work with groups, and how it encouraged a more collaborative approach focused more specifically on the offence.
Abstract: This article completes a two-part history of groupwork in probation during the 20th Century. The first part traced the development of this aspect of probation work as an important part of the theory and practice of supervising probationers in the community. This second part purports to show the burgeoning significance and relevance of work with groups, and how it encouraged a more collaborative approach focused more specifically on the offence. More particularly, it explores its contribution to, on the one hand evidence- based practice and on the other, increased governance both of probationers and of pro- bation policy and practice.

Journal ArticleDOI
TL;DR: The Howard League for Penal Reform successfully challenged the legality of the Home Secretary's policy on children held in young offender institutions as mentioned in this paper, and argued that legal strategies are an important means through which penal policy is contested, and that legal actions contribute to the pursuit of informed modes of public engagement.
Abstract: The criminal justice arena within which penal reform groups now operate requires them to develop new strategies. With this context in mind, the significance of a recent action for judicial review is discussed. In this landmark case, the Howard League for Penal Reform successfully challenged the legality of the Home Secretary's policy on children held in young offender institutions. The article describes the changing strategies employed by the League, and particularly contrasts ‘persuasion and influence’ with the turn to litigation. The ability of judicial review, as a specific kind of litigation, to further the goals of penal reform, is considered. Two principal arguments are advanced, namely: (i) that legal strategies are an important means through which penal policy is contested, and (ii) that legal actions contribute to the pursuit of informed modes of public engagement with questions about criminal justice.

Journal ArticleDOI
Alana Barton1
TL;DR: In this article, the authors argue that many of the significant features of the early semi-penal institutions can be found in contemporary institutions for women, specifically probation hostels, and identify three defining characteristics of the original semi-Penal institutions and, by drawing on original empirical research conducted in the early 1990s, apply them to a women's probation hostel.
Abstract: Semi-penal institutions (for example reformatories, asylums and refuges) were originally developed during the late 18th and early 19th Century, their primary aim being to reform ‘deviant’ women back to acceptable and appropriate standards of femininity. This article will argue that many of the significant features of the early semi-penal institutions can be found in contemporary institutions for women, specifically probation hostels. This article will identify three defining characteristics of the original semi-penal institutions and, by drawing on original empirical research conducted in the early 1990s, apply them to a women's probation hostel. Through this analysis the article will highlight some themes of continuity in the history of ‘community’ punishment for women.

Journal ArticleDOI
TL;DR: In this article, two post-charge criminal court diversion projects were recently launched in Toronto, Canada, where individuals charged with criminal offences who meet strict criteria are diverted from the criminal process in exchange for performing a community sanction.
Abstract: Two post-charge criminal court diversion projects were recently launched in Toronto, Canada. Individuals charged with criminal offences who meet strict criteria are diverted from the criminal process in exchange for performing a community sanction. Under this model, direct community involvement is critical to ‘success’. This study is an evaluation of these projects, combining file data with the results of interviews with the main participants. Results suggest that the projects are highly successful, and that involved communities are highly supportive of the current form and structure of post-charge diversion.