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Showing papers in "Howard Journal of Criminal Justice in 2006"


Journal ArticleDOI
TL;DR: In this paper, an analysis of prisoner resistance to power dynamics in the prison food experience is presented. But the focus is on the prisoner as both an agent and a subject, and not on the moral dimensions of penal practice.
Abstract: Just as food plays an important symbolic role in greater society, eating inside a prison is imbued with a great amount of power and significance. Consumption is a constantly recurring aspect of institutional life and, therefore, by examining this ubiquitous act, a researcher can access a subtle, nuanced account of how power operates within the prison apparatus. By drawing on examples from interviews with prisoners about the prison food experience, this article will work to make visible the centrality of prisoner resistance to these power dynamics. In addition, this examination of prison food will support current analyses in the criminological literature by developing an increased understanding of the prisoner as both agent and subject, while highlighting the moral dimensions of penal practice.

89 citations


Journal ArticleDOI
TL;DR: Based on fieldwork conducted in a medium-security UK prison for men, the authors highlights the strengths of ethnographic research methods forexploring prison drug dealing, and analyses drug dealing as an individually meaningful act that takes place within a broader context of cultural codes, social relations and institutional policies.
Abstract: Based on fieldwork conducted in a medium-security UK prison for men, this article highlights the strengths of ethnographic research methods forexploring prison drug dealing. Having detailed the way that the research project proceeded, it analyses prison drug dealing as an individually meaningful act that takes place within a broader context of cultural codes, social relations and institutional policies. It suggests that, to unpack these issues fully, and chart the terms of the internal economy which heroin dominates, a committed attendance in the prison establishment, and an approach that is broad and exploratory, is of great benefit. Ethnographic fieldwork is often characterised as a difficult, time-consum- ing, intense and ethically thorny form of data collection. Such traits are highly salient in the social environment of the prison, and partly explain the relative dearth of ethnographic prison research in recent years. Yet this is a setting in which ethnographic studies are particularly valuable, and have formed the cornerstone of the field (Clemmer 1940; Sykes 1958; Jacobs 1977; Sparks, Bottoms and Hay 1996). The everyday appearance of a prison is often mundane and stable. However, beneath this facade are lives fraught with frustrations and desires, and a rich society that brims with discord and discontent, pulses with friendship and loyalties, and maintains its own subculture, economy and status hierarchies. Piercing the skin of this society is no easy task. For the researcher, as for the prisoner, this is a milieu in which suspicion is high, trust is low, and impressions are subject to rigorous scrutiny. Time is the currency of prison life (Sparks, Bottoms and Hay 1996), and it is through committing time that the 'ignorant spy' (Sparks, Bottoms and Hay 1996) can become less conspicuous, more knowledgeable and, perhaps, a temporary if marginal part of the prison community. Once this occurs and trust is earned, personal and potentially dangerous information is often given out with disarming frankness (Jewkes 2002), providing astonishing insight into otherwise hidden worlds of conflict, trade and emotion. This article highlights the benefits of the ethnographic approach - here, a combination of 'reserved participation' (Liebling 1999) and long interviews - in relation to the exploration of prison drug dealing. There is no claim here to be providing a generalisable analysis of the social

68 citations


Journal ArticleDOI
TL;DR: In this article, the authors consider how far quantitative targets in respect of diverse recruitment are being met and outline some of the organisational problems impacting on diversity; and note the limitations of greater representativeness.
Abstract: As part of a drive to extend the police family, the Police Reform Act (2002) introduced Police Community Support Officers (PCSOs) into the police service. Though the main function of PCSOs is to enhance public reassurance by providing visible uniformed patrol, it is also anticipated that PCSO recruitment - more demographically diverse than regular recruitment - will make the police more genuinely representative of the diverse communities they police. Drawing upon research carried out in the Metropolitan Police Service (MPS), this paper considers how far quantitative targets in respect of diverse recruitment are being met; outlines some of the organisational problems impacting on diversity; and notes the limitations of greater representativeness.

63 citations


Journal ArticleDOI
TL;DR: In this paper, a critical analysis of the UK legislation on football banning orders is provided, and concerns are raised about its impact upon civil liberties and human rights, particularly with respect to section 14B of the Football (Disorder) Act 2000.
Abstract: This article provides a critical analysis of the UK legislation on football banning orders. The historical development of this legislation is outlined and concerns are raised about its impact upon civil liberties and human rights, particularly with respect to Section 14B of the Football (Disorder) Act 2000. The article then outlines a body of research on crowd psychology, public order policing and football �€˜disorder�€™ that questions the determining role of the banning order in the reduction of English �€˜hooliganism�€™ at international football tournaments. With regard to tests of proportionality the article concludes by raising important questions about the efficacy and justifiability of football banning orders as a long-term strategy for the management of football �€˜hooliganism�€™.

56 citations


Journal ArticleDOI
TL;DR: The authors argued that the relationship between the media, crime and punishment is a significant and integrated part of the prison film genre and argued that these representations are important both as a narrative device and in making the media a focus of pressure for reform.
Abstract: Generally, people have low levels of exposure to prisons through personal experience and therefore the media plays an important role in informing beliefs and actions. In particular prison films are an important and extensive form of media depiction. However, media depiction of crime and imprisonment has been criticised on ethical, political and social grounds. This article explores how prison films have depicted the relationship between the media, crime and punishment. It argues that this is a significant and integrated part of the prison film genre. It also argues that these representations are important both as a narrative device and in making the media a focus of pressure for reform.

44 citations


Journal ArticleDOI
TL;DR: In this paper, the authors examine the perceptions of trainee probation-of-professionals on the suitability of these training arrangements and argue that the current arrangements are too vocational in practice, and this is likely to continue, given the move towards delivery of the academic component through distance learning.
Abstract: This research draws upon the author’s personal experiences and the commentsof his former colleagues on their perception of undertaking the Diploma in ProbationStudies (DipPS) in the Midlands Region. This relatively recently establishedqualification, undertaken in order to be eligible to work as a probation officer inEngland and Wales, has created substantial discourse due to its break with social worktraditions. This research was undertaken over a two-year period and intends to provide‘consumer’ comment on the training and examines the perceptions of trainee probationofficers (TPOs) on the suitability of these training arrangements. The author argues thatwhilst the intention of the programme was not to create an unquestioning ‘enforcement’driven mentality, a number of trainees adopted just that. The article suggests that this isdue to the tension created by a perceived disparity between the needs of the organisationand the demands of the university amongst the trainee group. This is reinforced by theimbalance in delivery, between the vocational and academic components. The author’sview is that the current arrangements are too vocational in practice, and this is likely tocontinue, given the move towards delivery of the academic component through ‘distancelearning’. It argues that the future pre-qualifying arrangements need to retain a belief inthe value of academia and be delivered (at least in part) outside the employment setting.This study was primarily undertaken as part of the research requirementon the Diploma in Probation Studies (DipPS), but is used here to express apersonal concern with the direction that training has taken. I wasemployed in the fourth cohort intake of trainee probation officers (TPOs)in the West Midlands area during September 2001. Prior to this, I hadcompletedbothundergraduateandpostgraduatecoursesattheUniversityof Central England, and following my qualification as a probation officer,returned to that institution as a lecturer in criminal justice. Havingparticipated in the Diploma programme, and having conducted researchinto the perceptions and ‘culture’ of my TPO cohort, I felt that I occupieda strong position from which to offer some personal reflections on myexperiences.When I became a trainee probation officer I was given access to theservice as an employee and granted the opportunity to conduct thisresearch.Thisaccountistheproductofwhatinitiallybeganasaparticipantobservation study of my colleagues (see Spradley 1980). The study alsodraws heavily upon comments that they have made whilst undertaking the

32 citations


Journal ArticleDOI
TL;DR: In this paper, the authors argue that the treatment and conditions endured by child prisoners within the specific jurisdiction is tantamount to institutional child abuse and raise key questions of responsibility and accountability, questions that successive governments have thus far sought to evade.
Abstract: The United Nations is currently undertaking a major international study of violence against children. This article is framed within the conceptual context of the UN study; it explores the violence intrinsic to key aspects of youth justice policy and practice in England and Wales and, more particularly, the damage, harm and death of child prisoners. The article advances an argument that the treatment and conditions endured by child prisoners within the specific jurisdiction is tantamount to institutional child abuse. This raises key questions of responsibility and accountability, questions that successive governments have thus far sought to evade.

29 citations


Journal ArticleDOI
TL;DR: In an attempt to gain a person-centred perspective of therapeutic change, exploratory focus groups were conducted with men in Dovegate Prison's Therapeutic Community (TC). Residents identified change as a process comprising variability, gradual movement and differential paces.
Abstract: In an attempt to gain a person-centred perspective of therapeutic change, exploratory focus groups were conducted with men in Dovegate Prison's Therapeutic Community (TC). Residents identified change as a process comprising variability, gradual movement and differential paces. The process was seen to involve self-referential properties, interpersonal facets and challenges. Residents distinguished two significant change events: identifying aspects of the unknown and openness to receive help. Support is given to focus group methodology as a way of offering novel insights into experience of a TC as a process-orientated model of change, taking into account individual aspects and underlying facets of change.

28 citations


Journal ArticleDOI
TL;DR: In this article, the authors consider the role of feminist community activism and academic research in the context of contemporary crime reduction policy and draw upon experiences and knowledge gained from their involvement in comprehensive evaluation studies of community responses to domestic violence against women.
Abstract: This article considers the role of feminist community activism and academic research in the context of contemporary crime reduction policy. We draw upon experiences and knowledge gained from our involvement in comprehensive evaluation studies of community responses to domestic violence against women (in two areas of the South East of England) completed in 1996 and in 2004, before and after the present government's crime reduction initiatives. We consider the perils and prospects for academic ‘experts’ and feminist activists, of the increased emphasis on ‘what works’ in crime reduction, and the development of new technologies of control, especially in the areas of risk management and performance and monitoring.

27 citations


Journal ArticleDOI
TL;DR: In this article, the authors concluded that further guidance may not be sufficient and a mechanism to ensure adherence to guidelines may also be needed if greater uniformity in sentencing practice between magistrates' courts is to be achieved.
Abstract: Research in the 1970s identified large variation between magistrates' courts in the sentences imposed. Twenty-five years later wide variations continue to exist despite a significant shift in the sentencing landscape and despite the information and guidance that has been developed to assist magistrates with their sentencing decisions. Recent government reviews have drawn attention to inconsistencies in sentencing outcomes and the Criminal Justice Act 2003 has led to the creation of a Sentencing Guidelines Council. This research concludes that further guidance may not be sufficient. A mechanism to ensure adherence to guidelines may also be needed if greater uniformity in sentencing practice between magistrates' courts is to be achieved.

25 citations


Journal ArticleDOI
John Muncie1
TL;DR: The extent to which different countries do things differently, and how and why such difference is maintained, remains a relatively unexcavated territory as discussed by the authors, however, existing comparative work in this area rarely ventures much beyond country specific descriptions of historical development, powers and procedures.
Abstract: Studies of international youth justice, punishment and control are in their infancy but the issues of globalisation, transnationalisation, policy transfer and localisation are gradually being addressed. There also appears a growing demand in policy and pressure group circles in the UK to learn more about other jurisdictions in order to emulate ‘best practice’ and avoid the worst excesses of punitive populism. However, existing comparative work in this area rarely ventures much beyond country specific descriptions of historical development, powers and procedures. Statistical comparisons – predominantly of custody rates – are becoming more sophisticated but remain beset with problems of partial and inaccurate data collection. The extent to which different countries do things differently, and how and why such difference is maintained, remains a relatively unexcavated territory. This article suggests a conceptually comparative framework in which degrees of international, national and local convergence and divergence can begin to be revealed and assessed.

Journal ArticleDOI
TL;DR: Justice authorities have misused sickle cell trait to explain away ten sudden deaths, often associated with forced restraint, of African-Caribbean people in custody, while seven deaths have been attributable to lack of provision of health care for those prisoners suffering from the illness Sickle cell anaemia.
Abstract: A world-leading article that anticipated current criminal justice events: This article has been acknowledged by Parks and Crump, a US firm of attorneys representing the family of Martin Lee Anderson, killed by guards at a Florida boot-camp in January 2006, and currently suing for $40m. http://www.nospank.net/anderson.htm

Journal ArticleDOI
TL;DR: The 1998 revelations by two former inmates of the Prison for Women in Kingston, that they were used as test subjects in LSD experiments, led to an internal investigation by the Correctional Services Canada.
Abstract: The 1998 revelations by two former inmates of the Prison for Women in Kingston, that they were used as test subjects in LSD experiments, led to an internal investigation by the Correctional Services Canada. It was discovered that LSD was administered to inmates and that inmates were used in a number of other experiments, including clinical trials for pharmaceutical companies. This article seeks to reconstruct the social context that allowed these experiments to be conducted, focusing on three inter-related institutional factors that contributed to the abuse of prisoners during the period 1955 to 1975: ethical standards, the medical-industrial complex, and the correctional philosophy.

Journal ArticleDOI
TL;DR: In this paper, the implications for anti-racist practice in probation and prisons of the development of the National Offender Management Service (NOMS) are considered in the context of an increasingly managerialist approach to criminal justice.
Abstract: This article considers the implications for anti-racist practice2 in probation and prisons of the development of the National Offender Management Service (NOMS). The development of anti-racist work is considered in the context of an increasingly managerialist approach to criminal justice. Essentially, it is argued that the histories of racism and anti-racist work in the prison and probation services, and the underpinnings of such work – that is, the individual and organisational characteristics that have influenced the respective identities of those agencies – are critical and undervalued factors in the current change process. This in turn has concerning implications for the development of an anti-racist identity for NOMS.

Journal ArticleDOI
TL;DR: The authors examined the possibility of understanding the so-called "last resort principle" not merely as a penological maxim, but also as a legal principle proper inferred from the principle of proportionality.
Abstract: This article examines the possibility of understanding the so-called ‘last resort principle’, not merely as a penological maxim, but also as a legal principle proper inferred from the principle of proportionality. After a brief overview of the philosophical questions involved, the article examines the similarities and differences between a continental (German) approach and an Anglo-American approach. It is suggested that while the Anglo-American approach understands the last resort principle more in terms of a moral restraint in the use of criminal legislation, the German approach is more inclined to infer the principle from the constitutional framework of the rule-of-law state. The article concludes by examining the relevance of the last resort principle for criminal law doctrine.


Journal ArticleDOI
TL;DR: In this paper, the authors reflect critically on the author's work in eastern Europe and consider "transfer" of policy and practice, where transitional democracies, typically relatively new members of the Council of Europe and often aspiring to membership of the EU try to establish modern criminal justice practices by drawing on the experiences of northern and western Europe.
Abstract: The paper attempts to reflect critically on the author’s work in eastern Europe and considers ‘transfer’ of policy and practice. There is a great deal of activity of this type as transitional democracies, typically relatively new members of the Council of Europe and often aspiring to membership of the EU, try to establish modern criminal justice practices by drawing on the experiences of northern and western Europe. How are such undertakings to be understood and theorised? There is a dearth of theoretical writing in this area and this paper raises fundamental questions.

Journal ArticleDOI
TL;DR: In this paper, the authors outline a profile of 136 dangerous offenders and illustrate the types of risk that lead to assessments of imminently high risk, and provide details of which members of the public appear to be most at risk from this offender group.
Abstract: The Criminal Justice Act (2003) introduced a new sentencing framework for so-called dangerous offenders. In doing so the licence periods spent in the community by this offender group are set to increase. Multi-agency public protection panels exist to manage those offenders currently deemed to pose the greatest levels of risk to communities. To date, little is known about the range of risks this offender group presents. This article outlines a profile of 136 of these offenders and illustrates the types of risk that lead to assessments of imminently high risk. It also provides details of which members of the public appear to be most at risk from this offender group.

Journal ArticleDOI
TL;DR: This paper reviewed intergenerational practice (IP) and suggested that although it has substantial flaws, it may provide a useful way forward to limiting anti-social behaviour and fear of crime, when linked with wider social regeneration programmes.
Abstract: Since coming to power in 1997, New Labour has identified reducing anti-social behaviour and fear of crime as key issues to be dealt with. In the main, its response has been to introduce a range of punitive measures. The main subjects of these punitive policies appear to be young people, whose activities are perceived to be closely linked to anti-social behaviour and fear of crime. Critics have argued that these measures merely increase the fear of crime amongst older generations by weakening informal controls and limiting contact between the generations. In this article, we review intergenerational practice (IP) which has been growing in popularity in both the USA and the UK, and which stresses the importance of creating dialogue between generations, which it is claimed can help prevent anti-social behaviour and limit fear. We examine critically the theory and practice of IP and suggest that although it has substantial flaws, it may provide a useful way forward to limiting anti-social behaviour and fear of crime, when linked with wider social regeneration programmes.

Journal ArticleDOI
TL;DR: This paper used accounts of three murder trials of the 1950s to examine the role played in the criminal justice process by stereotyped and prejudicial attitudes towards women and people from ethnic minorities.
Abstract: This article uses accounts of three murder trials of the 1950s to examine the role played in the criminal justice process by stereotyped and prejudicial attitudes towards women and people from ethnic minorities. All three defendants were executed although it is arguable that none of them should have been. Ruth Ellis's case highlights the gendered nature of criminal justice in the 1950s, especially in regard to domestic violence and the defence of provocation. Mahmood Mattan's case illustrates the kind of language and assumptions about race which could go unchallenged in the courtroom at that time. Finally, the account of the trial and execution of Styllou Christofi sees these two elements combined. While a significant proportion of the article is concerned with the historical record, comparisons are also drawn with some elements of modern understanding of gender and race in the criminal justice system.

Journal ArticleDOI
TL;DR: The authors compared young adult sexual delinquents and violent offenders via relevant psychological variables of two main areas: (i) anti-social personality factors (aggression, impulsivity, hostility), and (ii) predisposing personality factors such as self-esteem, selfefficacy, empathy, neutralisation).
Abstract: This study compares young adult sexual delinquents and violent offenders via relevant psychological variables of two main areas: (i) anti-social personality factors (aggression, impulsivity, hostility), and (ii) predisposing personality factors (self-esteem, self-efficacy, empathy, neutralisation). Participants are 78 violent and 27 sexual offenders (14 rapists, 13 child abusers), between 17 and 24 years of age. They were incarcerated in a German youth prison and interviewed during their prison term. Sexual offenders show significantly lower levels in anger cognitions, self-esteem and self-efficacy. Those convicted of rape do not differ from those convicted of child abuse.


Journal ArticleDOI
TL;DR: In this article, an evaluation of a pilot intervention which aimed to improve attitudes to crime and the police, to reduce exclusion, and to develop self-esteem in young people at risk of offending and/or school exclusion was discussed.
Abstract: This article discusses an evaluation of a pilot intervention which aimed to improve attitudes to crime and the police, to reduce exclusion, and to develop self-esteem in young people at risk of offending and/or school exclusion. Evaluation measures were obtained for eleven young people who participated in the intervention, which ran for six consecutive days, including an outward bound weekend. Pre- and post-test assessments show improvements in self-esteem and attitudes to crime, the police, school and education, following participation. These observed improvements are supported by the qualitative findings. However, follow-up six months later indicates that only the enhanced self-esteem was sustained over time. It is acknowledged that the findings are limited by the small-scale nature of the intervention and evaluation; nevertheless, aspects of the intervention may usefully form part of a broader intervention strategy.

Journal ArticleDOI
TL;DR: The authors explored the diversionary measure of restorative final warnings within the context of the youth justice system and examined the philosophy and rationale of the new era in cautioning and discussed the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998.
Abstract: This article explores the diversionary measure of restorative final warnings within the context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this 'pre court' intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature of the new scheme which requires voluntary agreement throughout its statutory process to ensure successful completion. We will also demonstrate that the systematic implementation of final warnings has reduced police discretion and increased levels of police accountability, and that this, in turn, appears to have increased the potential for net widening and disproportionate punitive outcomes received by young people, especially regarding young females.

Journal ArticleDOI
TL;DR: In this paper, the authors propose a method to solve the problem of homonymity of homophily in the context of homomorphic data, and no abstracts are available.
Abstract: No abstract available.

Journal ArticleDOI
TL;DR: The effect of the 'What Works' policy has had on community orders and their placement in the sentencing tariff was explored in this paper, where the authors argued that the two orders have become virtually indistinguishable and thus equal on the sentencing tariffs.
Abstract: This article explores whether the introduction of accredited programmes into probation through the 'What Works' policy has changed the positioning of community punishment and community rehabilitation orders in the sentencing tariff. In addition to arguing that the two orders have become virtually indistinguishable and thus equal on the sentencing tariff, it also explores the more controversial view that probation supervision is, in reality, more onerous and has therefore overtaken community service in the sentencing tariff. The article concludes by questioning whether this equality was intentional, with reference to the new community order with requirements, as outlined in the Criminal Justice Act 2003. The aim of this article is to assess the effect that the 'What Works' policy has had on community orders and their placement in the sentencing tariff. Although it is accepted that there are many community orders in existence, community rehabilitation and community punishment are arguably the two main community orders used by the courts today and it is these two orders that the article will assess. 1 (In 1994 probation and community service made up 90.4% of supervisory penalties, with only a slight decrease to 85.75% in 1999 (Cavadino and Dignan 2002, p.125).) Community service has traditionally been viewed as the more punitive of the two and thus higher on the sentencing tariff. This article questions whether or not this view is still valid in light of the implementation of the 'What Works' policy. For the sake of clarity, the two orders will be known as community rehabilitation and community punishment, with the actual work carried out, referred to as probation and community service. The research for this article was conducted between 1999 and 2001. The vast majority of the research was aimed at assessing how well a Welsh Probation Area, which was largely rural, was implementing the 'What Works' policy. The 'What Works' policy was an initiative introduced in 1999 and managed through the Prison Service and the probation service by the Home Office, being funded in the UK by the Crime Reduction Programme

Journal ArticleDOI
TL;DR: In this paper, the authors propose a method to solve the problem of homonymity of homophily in the context of homomorphic data, and no abstracts are available.
Abstract: No abstract available.

Journal ArticleDOI
TL;DR: This paper found that ethnicity intersects with education, social class, gender, and aspects of personality or personal philosophy to determine ease or difficulty of integration within the court environment, and that these factors can also influence ethnic minority magistrates' response to incidents that might be construed as racist.
Abstract: The authors were members of a research team from the Universities of Bristol and Birmingham that was commissioned by the Department for Constitutional Affairs to examine the way magistrates from ethnic minority backgrounds experience the court environment and their role within it. The study was conducted in 14 magistrates' courts in England and Wales. Most of those interviewed had not encountered racist attitudes or behaviour in their dealings with fellow magistrates, but a substantial minority (28%) had perceived instances of racism, and four magistrates (out of 128) believed that they had been subject to unequal treatment at the institutional level. The researchers found that ethnicity intersects with education, social class, gender, and aspects of personality or personal philosophy to determine ease or difficulty of integration within the court environment, and that these factors can also influence ethnic minority magistrates' response to incidents that might be construed as racist. This article explores these intersections.

Journal ArticleDOI
TL;DR: In this article, it is argued that the correctional response to indigenous people in Canada is largely rhetorical and has led to few meaningful changes to the lives of Inuit inmates in Nunavut.
Abstract: Criminal justice reform in the context of indigenous peoples in Canada has been motivated by both their over-representation at each stage of the administration of justice and their extreme cultural, social and political dislocation. The extent to which reforms can overcome institutionalised colonial practices is challenged by the experiences of Inuit inmates in Nunavut. It is argued that the correctional response to indigenous people in Canada is largely rhetorical and has led to few meaningful changes to the lives of Inuit inmates.

Journal ArticleDOI
Steven Tudor1
TL;DR: In this article, the authors propose a method to solve the problem of homonymity of homophily in the context of homomorphic data, and no abstracts are available.
Abstract: No abstract available.