Showing papers in "Howard Journal of Criminal Justice in 2009"
TL;DR: In New Zealand, a meeting is arranged between the victim, the young person who committed the crime, his or her family and a police officer to decide the appropriate response to the offending.
Abstract: More weight is now being given in many criminal justice systems to the needs and wishes of victims. Few jurisdictions, however, have gone as far as the recently introduced system of’ youth justice in New Zealand. There, a meeting is arranged between the victim (or their representatives), the young person who committed the offence, his or her family and a police officer to decide the appropriate response to the offending. The arguments behind this were that it would increase victims' satiSfaction, enhance the prospects of reconciliation and provide a more effective means of restitution and reparation. In this article, we examine the extent to which these objectives have been met.
56 citations
TL;DR: The recent debate about corrections' privatisation neglects the extensive overlap of business, political and private interests which shapes public corrections policy as discussed by the authors, and it is possible to identify an international corrections commercial complex.
Abstract: The recent debate about corrections' privatisation neglects the extensive overlap of business, political and private interests which shapes public corrections policy. Based on current developments in England/Wales, Canada and the US, it is possible to identify an international corrections—commercial complex. As George Orwell reflected in 1934:
Of course we keep the peace in our own interest, but what does all this law and order business boil down to? More banks and more prisons - that's all it means. we should chuck it quickly enough if it didn't pay. (Orwell 1934)
42 citations
TL;DR: This study focusing on England and Wales broadly endorses work by Kurlychek and his colleagues by suggesting that groups whose members have either a finding of guilt as a juvenile or a conviction between the ages of 17 and 20 years – but no further convictions – converge with the non-offending group at around the age of 30 years.
Abstract: When can ex-offenders with no further convictions be considered as exhibiting the same risk of reconviction as non-offenders? This issue is relevant for the retention and disclosure of early criminal records, and is a controversial issue. Replicating American work by Kurlychek and his colleagues (2006, 2007), this study focusing on England and Wales broadly endorses their findings by suggesting that groups whose members have either a finding of guilt as a juvenile or a conviction between the ages of 17 and 20 years – but no further convictions – converge with the non-offending group at around the age of 30 years, while the group whose members have findings of guilt as a juvenile and convictions as a young adult prior to 21 years eventually converges with the other groups at around the age of 35 years. The theoretical and practical implications of these findings are considered.
40 citations
TL;DR: In this article, the authors present prisoners' perspectives on participation in a prison employment project and explore motivations for taking part, views on training experience, expectations of how it might help employment prospects and the extent to which expectations were fulfilled.
Abstract: This article presents prisoners' perspectives on participation in a prison employment project. Forty-four interviews were conducted with 28 offenders, in prison and post release, to explore motivations for taking part, views on training experience, expectations of how it might help employment prospects and the extent to which expectations were fulfilled. Perceived benefits included accruing a qualification and work experience, a fulfilling role relative to other employment opportunities in prison and increased self-confidence through project activities. However, problems of short-term funding for the project as well as potential for unrealistic expectations about employment chances were also noted.
35 citations
TL;DR: In this article, the authors examine the accuracy of the notion of race riots and examine how far the riots have led to changes in the politics of France, with the help of actual political data.
Abstract: Riots that occurred in October and November 2005 in France, as a result of a police chase resulting in the death of two young boys from a deprived area of the Parisian outskirts, force us to shed new light on the political dimension of breakdowns labelled as ‘riots’. To achieve this aim, we examine the accuracy of the notion of ‘race riots’ often used, in England and in the United States, to characterise such violent outbursts. And, with the help of actual political data, we examine how far the riots have led to changes in the politics of France.
31 citations
TL;DR: In the UK, media coverage of the accession process focused on the potential movement of large numbers of people from Eastern to Western European states; a particular focus was the crime risk associated with enlargement as mentioned in this paper.
Abstract: In the latest phase of European Union enlargement Bulgaria and Romania were admitted to EU membership on 1 January 2007. In the UK, media coverage of the accession process focused on the potential movement of large numbers of people from Eastern to Western European states; a particular focus was the crime risk associated with enlargement. This article examines how newspapers reported the perceived crime threats and assesses the extent to which the concerns can be understood as a moral panic. The article confirms the contemporary utility of moral panic analysis, albeit with some flexibility to reflect the modern media landscape.
31 citations
TL;DR: In this paper, the authors discuss how parenting a "young offender" involves specific additional responsibilities for parents who are already under scrutiny for apparently not taking their parenting responsibilities seriously, and highlight the ways in which gender is implicated, and performs a regulatory function, in the day-to-day lives of mothers and fathers who are parenting a 'troublesome' child.
Abstract: This article discusses how parenting a ‘young offender’ involves specific additional responsibilities for parents who are already under scrutiny for apparently not taking their parenting responsibilities seriously. With reference to empirical data, three specific parental tasks are considered: managing the family's involvement in the youth justice system, waiting on ‘standby’ for police and schools, and reporting the child's offences to the police. In doing so, this article highlights the ways in which gender is implicated, and performs a regulatory function, in the day-to-day lives of mothers and fathers who are parenting a ‘troublesome’ child.
30 citations
28 citations
TL;DR: In this paper, the authors consider some of the difficulties encountered by those seeking to develop a collaborative approach to the prevention of crime and reflect on the vagueness and elasticity of the concept of crime prevention which encapsulates a variety of different and not necessarily complementary discourses.
Abstract: This article considers some of the difficulties encountered by those seeking to develop a collaborative approach to the prevention of crime. It reflects on the vagueness and elasticity of the concept of crime prevention which, beyond the common sense appeal, encapsulates a variety of different and not necessarily complementary discourses. The multi-agency approach seeks to force these discourses together, but the context of collaboration is such that certain discourses find themselves in a more privileged position, and others find it difficult to establish themselves
27 citations
TL;DR: The authors explored the potential role of criminologists in contributing to the public debate on crime and criminal justice and found that factual information on crime The authors was largely ignored and did not have the expected and desired effect on members of the public.
Abstract: This article explores the potential role for criminologists in contributing to the public debate on crime and criminal justice. Do reasoned academic contributions based on objective evaluation of relevant empirical evidence and ‘facts’ about crime and criminal justice have the potential to influence the public sphere dominated by competing communication strategies, media, and political discourses on crime? The author reflects on findings from research on a subject which can be broadly described as an experiment in public criminology. The author's research found that factual information on crime and criminal justice presented through a mainstream media outlet was largely ignored and did not have the expected and desired effect on members of the public.
24 citations
TL;DR: The authors examines contemporary rationales and historical precedents for denying prisoners the means to communicate both with each other and with those outside the prison and argues that the prevention of communication, a pivotal feature of the Victorian and Edwardian prison regime, represents a significant continuity in the experience of prison life in the 21st Century.
Abstract: Many prisoners believe that the restricted access they have to computer-mediated communcation (CMC) technologies and, in particular, the almost total absence of computers and Internet access in prisons is a form of censure that renders them second-class citizens in the Information Age. This article examines contemporary rationales and historial precedents for denying prisoners the means to communicate (both with each other and with those outside the prison) and argues that the prevention of communication, a pivotal feature of the Victorian and Edwardian prison regime, represents a significant continuity in the experience of prison life in the 21st Century.
TL;DR: Conditional bail was introduced to decrease the number of defendants remanded in custody as mentioned in this paper, but it has been criticised by researchers as any criticism of the operation of conditional bail may result in an increase in the numbers of defendants in custody.
Abstract: Conditional bail was introduced to decrease the number of defendants remanded in custody. For this reason it has largely been ignored by researchers as any criticism of the operation of conditional bail may result in an increase in the numbers remanded in custody. However, research carried out in South Wales has highlighted some problems with its use, most notably its inconsistent and, arguably, excessive use.
TL;DR: A tem of imprisonment affects not only the person remanded or sentenced, but also the person's family and dependants as discussed by the authors, who are all too often the ones who suffer most.
Abstract: A tem of imprisonment affects not only the person remanded or sentenced. The inmate's family and dependants are all too often the ones who suffer most. After decades of neglect the last five years have seen the generation of substantial interest in the wellbeing of prisoners' families. Positive reforms have resulted, but much remains to be done.
TL;DR: In this paper, the authors discuss the reasons why freedom of information (FoI) requests are not being more widely used as a research tool by legal and social science academics.
Abstract: Considers the reasons why freedom of information (FoI) requests are not being more widely used as a research tool by legal and social science academics. Outlines the FoI application process and calls for universities to offer FoI training. Comments on the perceptions of FoI as an instrument of confrontation and of public authorities being excessively resistant to FoI requests.
TL;DR: In this paper, the authors report results from research on the effects of imposing conditions on defendants' bail, which involved interviews with defendants, magistrates, police and probation officers, prosecuting and defence solicitors, explored the process of decision, the pattern of use of conditions, defendants' perceptions and responses while on bail, and reasons for these.
Abstract: This article reports results from research on the effects of imposing conditions on defendants' bail. The research, which involved interviews with defendants, magistrates, police and probation officers, prosecuting and defence solicitors, explored the process of decision, the pattern of use of conditions, defendants' perceptions and responses while on bail, and reasons for these. The article concludes by highlighting priorities for more effective use of conditions; these including better monitoring and enforcement of the conditions imposed, more information to decision makers on the impact of different conditions, greater clarity of purpose in the decision process and greater consistency with the spirit and principles of the Bail Act.
TL;DR: A parallel is drawn between the black economy and the black criminal justice system, which is an unofficial system of punishments mirroring the official system as mentioned in this paper, and the system under investigation in this exploratory paper is that administered by the Provisional IRA in Catholic West Belfast.
Abstract: A parallel is drawn between the black economy, which mirrors conventional economic activity, and the black criminal justice system, which is an unofficial system of punishments mirroring the official system The system under investigation in this exploratory paper is that administered by the Provisional IRA in Catholic West Belfast Many parallels between the system administered by the IRA and the State system are identified, including the determinants of sentence and recognised mitigating factors The crucial difference of due process in the State system is identified, together with the riposte of Sinn Fein that due process is effectively preempted in the State system by the pre-trial actions of the security forces
TL;DR: In this article, a comparative analysis of the rioting that occurred in the deprived outlying suburbs (banlieues) of Paris and in other French provincial localities in November 2005 and disorders occurring in inner-city areas and on working-class housing estates in England and Wales between 1980 and 2001 is presented.
Abstract: This article constitutes a response to the article by Fabien Jobard (in this issue)concerning the recent riots in France. It explores differences and commonalities betweenthe events in France in 2005 and the urban disorders that occurred in England andWales from the 1980s to 2001, placing the latter into three distinct categorical andtemporal waves. Initially, it revisits the essence of Jobard’s piece before providing anoverview of the UK riots. It then analyses the overarching contexts of each of the threeperiods, and those of the French riots, as a basis for identifying the main causalsimilarities.Keywords: riots; France; England and Wales; police–youth relationsIn this article we set out a comparative analysis of the rioting that occurredin the deprived outlying suburbs (banlieues) of Paris and in other Frenchprovincial localities in November 2005 and disorders occurring in inner-city areas and on working-class housing estates in England and Walesbetween 1980 and 2001. The article constitutes a response to the article byFabien Jobard in this issue. We are less concerned here with mounting acritique of Jobard’s central arguments (towards which we are largelysympathetic) than with comparing in greater depth the wider contextualissues of the events in each of the two societies. Our aim in this respect is toexplore the extent to which it is possible to identify causal commonalties orotherwise between the recent riots in France with those that occurred inEngland and Wales, and determine whether it is, therefore, possible tomake general theoretical assumptions regarding the underlying causes ofurban riots.Jobard puts forward five main analytical arguments. To begin with, heasserts that the riots were, in essence, racial in character. In this respect hedistinguishes between those of Algerian and Moroccan descent who wereeither born in France or had grown up there, and more recent immigrantsfrom sub-Saharan Africa, suggesting that it was primarily the latter who
TL;DR: In this article, the authors argue that a combination of poorly implemented market reforms to the criminal justice sector, and the increasing dependence of many charities on government funding, is leading some voluntary organisations to compromise their campaigning and advocacy roles and openly risk "goal distortion".
Abstract: The presence of a penal reform charity, Nacro, alongside private companies in a consortium bidding to run a new prison is a development that highlights troubling issues for the voluntary sector. This article argues that a combination of poorly implemented market reforms to the criminal justice sector, and the increasing dependence of many charities on government funding, is leading some voluntary organisations to compromise their campaigning and advocacy roles and openly risk ‘goal distortion’ (Kendall and Knapp 1996). There is a risk the voluntary sector will increasingly be split between quasi-governmental organisations and those charities that remain truly independent.
TL;DR: In this article, the authors examined MSNBC Investigates -Lockup in order to determine how televised documentaries depict prisons and found that this series presents tales of some of the most extreme institutions and the most violent inmates.
Abstract: Most people do not have first-hand knowledge of the prison system; therefore, media images are critical in shaping their understanding of these institutions. While research has examined how prisons are depicted in film, less attention has been paid to images in other facets of the media. This study examined MSNBC Investigates – Lockup in order to determine how televised documentaries depict prisons. Findings indicate that this series presents tales of some of the most extreme institutions and the most violent inmates. By using violence as the main frame, this programme sends messages that support the United States' current use of imprisonment.
TL;DR: The physical and social environment provided for prisoners in a "Unit Management" scheme has been found to be conducive to efficient management; it is also cost effective as discussed by the authors, and the authors describe and assesses both the "unit living" and the "participatory management" style involved.
Abstract: Bathurst Gaol in New South Wales has carried out changes in managerial styles. The physical and social environment provided for prisoners in a ‘Unit Management’ scheme has been found to be conducive to efficient management; it is also cost effective. This article describes and assesses both the ‘unit living’ and the ‘participatory management’ style involved.
TL;DR: The article calls for modifications to the current arbitrary allocation of jurors and for greater provision of information and guidance to minimise the negative consequences of an essential civic duty.
Abstract: Recent research on past-traumatic stress disorder (PTSD) has highlighted theadverse consequences of trauma, not just for victims, but also for those who interact withthem: vicarious traumatisation. British citizens are required to sit on juries, where theymay be exposed to gruesome exhibits and harrowing testimony: can such experiences alsolead to vicarious traumatisation? Previous studies have demonstrated that some jurors dosuffer both short- and longer-term trauma from jury service, both from hearing evidenceanddeliberationinthejuryroom.AfirstexploratorysurveyofBritishjurorsconfirmsthata minority of jurors are so affected. The article calls for modifications to the currentarbitrary allocation of jurors and for greater provision of information and guidance tominimise the negative consequences of an essential civic duty.Keywords: juries; stress; vicarious traumatisationToserveasamemberofajuryisconsideredacivicduty,notonlyinBritain,but also in the United States and most Commonwealth countries (Vidmar2000; Kaplan and Martin 2006). In England and Wales, following theCriminal Justice Act 2003, almost all citizens aged between the ages of 18and 69 years are now eligible for jury service (the exceptions being thosewith serious mental health problems or significant criminal records). Onaverage, some 390,000 citizens serve on juries each year, selected atrandomfromthoseontheelectoralrole(JuryCentralSummoningBureau2007). Once at court, all prospective jurors are shown a film brieflyoutliningtheirdutiesandallocationofjurorstoparticulartrialsisarbitrary.Some jurors will be selected to serve on cases involving crimes against theperson and will be exposed to testimony from visibly distressed victims,which will frequently be graphic and shocking. They will be expected tohandle exhibits and examine explicit and gruesome photographs. Whenthey retire to the jury room, they will have to rehearse such evidence andweigh up its significance for the guilt of the accused before reaching averdict. They may find themselves in a minority on the jury, trying tochange the minds of others while resisting pressures to conform to the
TL;DR: In this article, the authors explored how magistrates and district judges went about deciding levels of penalty to impose in a series of structured fines sentencing exercises and highlighted some of the difficulties in developing a satisfactory methodology to achieve an acceptable balance between the three objectives of achieving equity, proportionality and consistency.
Abstract: This article considers the scope and potential of sentencing guidelines specifically in relation to the imposition of financial penalties by the courts. Evidence is presented from research with the judiciary in England on the challenge of ensuring equity (that is, equality of impact) in the burden of such penalties, proportionality in relation to the relative seriousness of different offences, and consistency in the pattern of fine levels between individual sentencers and in different courts. The research explored how magistrates and district judges went about deciding levels of penalty to impose in a series of structured fines sentencing exercises and highlighted some of the difficulties in developing a satisfactory methodology to achieve an acceptable balance between the three objectives of achieving equity, proportionality and consistency. Key among the research findings was the prime importance in sentencers' perceptions of ‘proportionality’, and accordingly the article concludes by considering the consequences of this finding for the design of guidelines on financial penalty-setting.
TL;DR: It is argued that research into their sustainability is required and here a tool is introduced that is now in use for that purpose,MHEP-AC, which is introduced to introduce a tool for research into mental health diversion schemes sustainability.
Abstract: Many criminal justice mental health diversion and liaison teams are under threat of extinction. Nacro (2005) notes a steady decline in their number, despite the fact that these schemes in principle provide a valuable service and can fit any social inclusion or crime preventative agenda. In order for such teams and schemes to thrive they need to be strengthened urgently, a point concurred with by Jack Straw when he asked Lord Bradley to undertake a review into mental health diversion as a means of reducing the prison population. But before these schemes can thrive they must survive. We, therefore, argue that research into their sustainability is required and here we introduce a tool we developed (MHEP-AC) that is now in use for that purpose.
TL;DR: In this article, evidence from all three British Crime Surveys is used to address the question of whether perpetrator race is a determinant of the decision to report offences of violence to the police.
Abstract: Evidence from all three British Crime Surveys is used to address the question of whether perpetrator race is a determinant of the decision to report offences of violence to the police. The evidence suggests that there is a differential victim report to the police, which cannot be reduced to offence characteristics which distinguish perpetrators by ethnicity. Fuller understanding of the complex patterns await additional data from British Crime Surveys in 1992 and thereafter.
TL;DR: In this article, the authors outline the concern that the voice of the Probation Service is being silenced by political expediency and needless structural change, arguing that the Service has been destabilised by New Labour's post-1997 shift from an initial empirical policy of what works, in the context of reducing reoffending, to a later dogmatic approach, based upon penal populism and constant restructuring to provide for the introduction of the misplaced concept of contestability.
Abstract: This article, based on the 2008 Bill McWilliams Memorial Lecture, outlines the concern that the voice of the Probation Service is being silenced by political expediency and needless structural change. The Service has been destabilised by New Labour's post-1997 shift from an initial empirical policy of ‘what works’, in the context of reducing reoffending, to a later dogmatic approach, based upon penal populism and constant restructuring to provide for the introduction of the misplaced concept of contestability. The Probation Service, which has a proud century-long record of achievement, should remain a properly resourced public service, with a champion at a senior organisational level, speaking up for probation, as well as having the voice of Napo, the trade union and professional association.
TL;DR: The study investigated whether the programme significantly altered a number of intermediate and ultimate outcomes and outlined the potential for extending and enhancing the reach and impact of the programme (and programmes like it).
Abstract: Anti-social behaviour by young people is recognised as a social problem with wide-reaching effects. Many of the programmes aimed at reducing anti-social behaviour, however, have not been subject to rigorous evaluation. This article presents the findings from a completed experimental evaluation of an intervention for young people displaying low-level anti-social behaviour. The evaluation randomly allocated young people to an intervention (n=32) and control (n=31) group. The study investigated whether the programme significantly altered a number of intermediate and ultimate outcomes. In addition to conclusions about the programme's effectiveness, the article outlines the potential for extending and enhancing the reach and impact of the programme (and programmes like it).
TL;DR: In this article, the authors assess the relative economic costs and benefits of alternative sentences, and conclude that using it for anyone but those convicted of serious offences is a waste of public resources.
Abstract: This article assesses the relative economic costs and benefits of alternative sentences A conceptual economic model is developed in which the benefits are the rehabilitation, incapacitation, deterrence and retribution effects of prison A review of the literature was undertaken to identify economic studies that measure these effects The evidence available tends to focus on costs and the rehabilitation and incapacitation effects The evidence on the deterrence effect takes two forms – theoretical models and empirical analysis Little economic evidence on the retribution effect of prison was identified In conclusion, whatever the other reasons put forward for or against the use of prison, it is reasonable to conclude that using it for anyone but those convicted of serious offences is a waste of public resources