Showing papers in "Howard Journal of Criminal Justice in 2012"

Preventing Violent Extremism: Perceptions of Policy from Grassroots and Communities

Abstract: This article examines the implementation of the UK's ‘Prevent Strategy’ for countering terrorist risks and threats. Informed by qualitative data, it critically assesses the perception and reception ‘on the ground’ of Prevent Strategy policies amongst those individuals who are, in many ways, the focus of such interventions. It is found that there are a number of grievances held, though three are of particular concern and revolve around funding issues, confusion of the overarching aims of the strategy, and suspicions of intelligence gathering and spying within Muslim communities.

Ten Years of Monitoring Illicit Drug Use in Prison Populations in Europe: Issues and Challenges

Abstract: The European Monitoring Centre for Drugs and Drug Addiction (EMCD- DA) has been collecting aggregated data on illicit drug use among European prison populations for over a decade. Additional studies were identified in a literature search. Together, these sources yielded 53 studies reporting data during the period 2000 to 2008. Analysis of these studies reveals that the available data are scarce and patchy, with large variations in methodology. This diversity hampers comparison, and may, in part, account for the wide range of prevalence estimates for drug use and drug injecting, both prior to imprisonment and while in prison. This article concludes that a common instrument to measure drug use and its consequences in European prison populations is needed. Within the scope of its mission to provide the European Union (EU) and its member states with a factual overview of European drug problems and a solid evidence base to support the drugs debate, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) has been collecting aggregated data on drug use in the prison population across Europe for over a decade. This article aims to review critically, based on the EMCDDA routine monitoring activities, how drug use is assessed and monitored in prison populations in Europe, both in terms of the methods used and the

Investing in ‘Toughness’: Probation, Enforcement and Legitimacy

Abstract: This article examines the rise in prominence of 'enforcement' as a key aspect of the work of the probation service in England and Wales, and assesses the extent to which probation's 'enforcement turn' can be said to have enhanced the legitimacy of the Service. With reference to research on the effects of the toughening up of enforcement policies on both offenders and staff, this article argues that the equation of 'toughness' and 'legiti- macy' in the probation context is deeply problematic. The article concludes that we may have reached a 'tipping point' with regard to enforcement and its reputational signifi- cance for the probation service, and that a more responsive and flexible approach towards the enforcement of community sanctions may be emerging. In the com- munity sanctions context, enforcement consists of a series of written warnings issued by probation staff which can culminate in breach proceed- ings: that is, returning the offender to court, where further sanctions can be imposed or resentencing can occur. Although enforcement has always been part of the probation officer's role (Raynor and Vanstone 2007), it is only relatively recently that it has come to assume significance in respect of how the Service's performance is evaluated and, indeed, how the Service represents itself to its stakeholders. In this article we analyse the causes and some of the consequences of what might be described as probation's 'punitive turn', with particular reference to the compliance of both offend- ers and staff with increasingly inflexible rules. We argue that there are grounds to suspect that the toughening of probation's approach towards enforcement has not had the desired 'legitimating' effect, and that it is time for a serious reconsideration of probation's approach towards both the enforcement of community orders and licences, and the ground in which it stakes its reputation. bs_bs_banner

Do Low-risk Sexual Offenders Need Treatment?

Abstract: The risk principle of offender rehabilitation states that the intensity of treatment should be proportional to the offender's risk. This article reviews the evidence base for the risk principle with sexual offenders, as well as identifying other arguments, in order to determine whether low-risk sexual offenders need treatment, and of what type and magnitude. We conclude that low-risk sexual offenders probably need no more than 100 hours of offence-focused treatment given their very low reconviction rates. Low-risk sexual offenders should be kept separate from higher-risk offenders, and treatment should not interfere with other activities that will enable a non-offending lifestyle. Sexual offending is a priority societal problem, which is typically addressed in part through the treatment and rehabilitation of sexual offenders in correctional settings. However, in current times of fiscal constraint it is becoming increasingly important to direct scarce resources to where they will most effectively bring a reduction in further sexual offending. Inten- sive treatment programmes should, therefore, be reserved for those offenders who will benefit most from them. This article examines whether treating low-risk male sexual offenders achieves any effect, and offers suggestions for appropriate allocation of resources within sex offender treatment programmes. One might argue that it is an improper use of public funds to provide treatment to sexual offenders where, at least in terms of being able to demonstrate a reduction in recidivism, the benefits are not apparent. Ideally, unless treatment was shown to be harmful, there would be no financial limitation in providing treatment for all sex offend- ers, regardless of their potential risk of further offending. However, in a time of global recession there may be a difficult balance to be struck between provision of appropriate offender rehabilitation programmes which reduce reoffending, and limited resources. Other factors, aside from funding, may also need consideration. For example, maintaining bs_bs_banner

Is Probation Still Possible

Abstract: This article is based on the 14th Bill McWilliams Memorial Lecture, delivered at the Institute of Criminology in Cambridge on 22 June 2011. It contrasts the present and likely future state of probation services in England and Wales with their good standing and reputation in the third quarter of the 20th Century, and considers whether there are core features of probation which can be identified in its earlier theory and practice which help to account for this. It traces the recent history of probation services in England and Wales in the context of social and political changes, and questions how much a probation service which moves away from help towards punishment can still have in common with earlier visions. Finally, some future possibilities are discussed, together with the political conditions which might help or hinder them.

The Prison is an Outlaw Institution

Abstract: This discussion of Les Prisons de la misere (Raisons d'agir Editions, Paris, 1999 - expanded and updated English-language edition, Prisons of Poverty, Minneapolis, University of Minnesota Press, 2009) responds to queries put forth by the editors of R de reel and originally published in French in that journal in June 2000 (vol. 3, pp.33-8). It argues that the carceral boom in the United States results from the penalisation of poverty correlative of the simultaneous revamping of the economic, welfare and justice missions of the state. Pro-market think tanks have played a driving role in fashioning and diffusing America's 'punitive common sense' across the Atlantic, thus accelerating the import of aggressive crime rhetorics and policies in Western Europe by political elites (including Left governments) seduced by neoliberal ideology. But, while the prison purports to enforce the law and to curtail the disorders generated by economic deregulation, the recent French experience confirms that its very organisation and daily operation make it an outlaw institution. It is promoted as a remedy for criminal insecurity and urban marginality, but it only serves to concentrate and intensify both, even as it makes them temporarily invisible. To get out of the policy and civic impasse into which the penalisation of poverty leads contemporary societies, we must raise anew the quintessen- tially political question of the purpose(lessness) of incarceration at century's dawn.

Carceral Tours and the Need for Reflexivity: A Response to Wilson, Spina and Canaan

Abstract: In previous work (see Piche and Walby) we argued that carceral tours as commonly practised have limited pedagogical and research value, and contribute to the degradation that prisoners experience. Wilson, Spina and Canaan have recently criticised our position on carceral tours. In this rejoinder, we critique the methodological approach and the logic of Wilson and colleagues. We argue that Wilson and colleagues fail to consider how organisational policies and power relations shape carceral encounters. In this way, we reiterate our call for greater reflexivity and critical scrutiny regarding carceral tours.

Learning lessons from men who have sexually abused children

Abstract: The sexual abuse of children and young people by those who work with them is a global problem Yet, our knowledge of this form of abuse remains limited There is a dearth of research on offenders' accounts of how they perpetrated abuse within a paid work or voluntary sector environment Thus, our focus here is on data collected during individual interviews with eight adult males who had been imprisoned for abusing a total of 35 children while in a position of trust We examine abusers' accounts of the abuse: how they gained access to victims; how they initiated, maintained, and concealed abuse; and finally, how it might be prevented We reflect on the relevance of this work for the criminal justice system and its significance for those outside the criminal justice field

‘Who's the Daddy?’ – Ideas about Fathers from a Young Men's Prison

Abstract: Drawing from an ethnographically-informed study of men’s identities and social relations in prison, this article explores the ways in which ideas about fatherhood are institutionally deployed and personally experienced. Based on interviews and observational data in a young offender institution (YOI) for 18- to 21-year-old men, the article considers young men’s orientations toward being a father and their participation in parenting classes and a ‘Fathers Inside’ group. Four vignettes are constructed to present an account of some of the issues surrounding men’s experience of prison, being a man and a father, researching men in prison and gender regimes in which fathers are being rediscovered and reinvented.

Routes Out of Prison Using Life Coaches to Assist Resettlement

Abstract: Scotland is undertaking one of its biggest penal reforms in a generation and is seeking a fundamental change to its approach to punishment, which is characterised by the use of very short prison sentences. This article discusses some findings from phase one of an ongoing evaluation study of Routes out of Prison (RooP) which uses Life Coaches, many of whom are themselves former prisoners, to support the transition and resettlement of large numbers of short-term prisoners back to the community. The article examines the way in which these Life Coaches were recruited and managed, how they were viewed by their clients, and the added value that peer or mentor support can offer.

Ageing Child Sex Offenders in Prison: Denial, Manipulation and Community

Abstract: Within the prison population there exists a subculture consisting of those prisoners who need protection; these individuals are the ones who reside in the vulnerable prisoner unit and include informers, ex-police officers, those with special educational needs and sex offenders. In short, this unit houses all those individuals who are at risk of attack from their fellow prisoners. Life within this subculture is different from life in the mainstream population; it is no less difficult, no less of an alien environment within which to survive, but the characteristics of the men ensure that the dominant moral order is unlike that of the main prison wings. Based on intensive fieldwork carried out with men aged 50 years and over in three English prisons, this article examines how child sex offenders, the most vilified subsection of the prison population, survive, and observes the differing ways in which both acceptance of, and resistance to, the prison regime become manipulated actions executed by extremely knowledgeable agents.

Looking for a Fair Country: Features and Determinants of Immigrants' Involvement in Crime in Europe

Abstract: A rise in crime among immigrants allegedly occurred in Europe over the last decades. The origin of this phenomenon is obscure, and traditional theories offer con- flicting explanations. The present article addresses these problems by using data regard- ing the 18 main countries in Western Europe. The results show that the immigrant share in crime figures varies greatly from country to country. This suggests that the non- national contribution to crime is not associated with immigration per se, but with the contexts in which immigration occurs and features of the immigration inflow. The cross-national analysis shows, in particular, that 'culture, respect for rights and univer- salism' in the host countries are associated with lower immigrant crime.

Promoting an Evidence-Informed Approach to Addressing Problem Gambling in UK Prison Populations

Abstract: International studies find that between a quarter and a third of offenders may be defined as problem gamblers. No comparable studies have been conducted in the UK during the last decade, which has seen unprecedented changes in gambling legislation and opportunities. The present study in two English prisons (one male and one female) found that levels of problem gambling were in line with global estimates. 27.8% of men and 18.1% of women were rated as medium-risk and problem gamblers. Gambling problems were linked to current and previous offending for between 7% and 13% of all offenders.

Courting Compassion: Victims, Policy, and the Question of Justice

Abstract: This article reviews the relative success and failure of ‘rebalancing’ the criminal justice system with the victim in mind. It suggests a number of reasons for the partial impact of this agenda and considers the extent to which the recourse to compassion in political and policy rhetoric reflects a deeply‐embedded conceptual failure in respect of victim‐oriented policy.

Responsible Participation, Community Engagement and Policing in Transitional Societies: Lessons from a Local Crime Survey in Northern Ireland

Abstract: The new structures of policing in Northern Ireland have been internationally lauded as a success, but the manner in which police‐community relations are unfolding in local settings is less clear. In this article we draw on a local crime survey conducted in a Republican area in Belfast to examine residents' views of policing and to highlight residents' concerns about police effectiveness in dealing with crime and disorder. Drawing on Habermas's concept of ‘responsible participation’, we also consider the role that community organisations can play in helping overcome local scepticism and developing positive forms of engagement with the police.

Counterblast: A Copernican Correction for Community Sentences?

Abstract: In this article, the author discusses the emergence and development of desistance research, which aims to examine the social and personal processes by which persistent offenders desist from crime, and argues that its implications for practice are far-reaching. The article looks at the main perspectives in desistance research, the main themes identified in desistance studies in the last 20 or 30 years, and reactions to desistance research. The author concludes that reconfiguration would offer the best prospects of progressive development of community sentences, and that a desistance perspective is one which poses questions about what reintegration in communities actually means, and what might permit and obstruct it.

Of Weighty Reasons and Indiscriminate Blankets: The Retention of DNA for Forensic Purposes

Abstract: This article explores the fallout from the decision in S & Marper v. UK (2008), where the European Court of Human Rights (ECtHR), in ruling that the UK's DNA retention regime breached human rights, was ‘struck by the blanket and indiscriminate nature’ of the power to retain DNA and stated that the UK government required ‘weighty reasons’ to justify the retention of DNA in cases of unconvicted individuals. Since the ruling, successive UK governments have drafted new retention regimes but serious doubts remain as to whether the issue of DNA retention has been satisfactorily resolved.

Legitimacy Through Neutrality: Probation and Conflict in Northern Ireland

Abstract: The conflict in Northern Ireland known as the Troubles presented numerous challenges for the administration of traditional forms of criminal justice and has led to a variety of adaptations that have been widely discussed in the literature in criminology and transitional justice. The role of Northern Ireland's probation service is often forgotten or ignored in such analyses. This brief article is intended to begin to fill this gap by exploring how the Troubles impacted on probation practice during the Conflict and beyond. In particular, we argue that the ‘neutrality stance’ taken by probation in the mid‐1970s, when officers decided to cease mandated work with individuals charged with ‘politically‐motivated’ offences, has had a lasting impact on the identity and role of probation in the region. The deep immersion into, and engagement with, marginalised communities during this time, facilitated by this neutrality stance, has overlooked implications for probation practice more widely in the United Kingdom and abroad.

Thinking Beyond ‘Utility’: Some Comments on Probation Practice and Training

Abstract: This article suggests that a ‘culture of utility’, manifested in the central importance attached to producing specific outcomes, is prevalent in probation practice in England and Wales, and this is argued to be unconducive to humanistic practice. Comments on probation training are integrated into the discussion and it is suggested that here also a ‘culture of utility’ is influential. An underlying theme of the article is that it may be more accurate to see probation as preoccupied by the consideration of ‘utility’ than to view it as increasingly punitive. Alternative ways of thinking are possible but difficult to realise.

‘You Can See Your Face in My Floor’: Examining the Function of Cleanliness in an Adult Male Prison

Abstract: In this article, consideration is given to the concept of cleanliness and tidiness from the perspective of the masculine prisoner Themes related to processes of maintaining, and perceptions of, cleanliness emerged, related to the self, personal space, and the cleanliness of others Running through these were overarching elements of control, differentiation and processes of normalisation, which can be seen to relate concepts of cleanliness directly to the negotiation of the adult male prisoner's gendered identity, implying that keeping clean and tidy relates directly to individuals’ senses of masculine self and perceptions of others

From Counter-terrorism to Criminal Justice: Transformation or Business as Usual?

Abstract: The article explores the extent to which criminal justice in Northern Ireland has been reconstructed over the past 15 years. The focus is on the framework provided in the Good Friday Agreement (1998) and the range of transition processes that followed. Post‐Agreement Inquiries are reviewed and the findings demonstrate the institutional rigidities facing the transformation of criminal justice. While the ideologies and practices of counter‐terrorism no longer dominate the business of criminal justice, the extent of change in terms of social representativeness, scale and expenditure is variable, with the prison service proving the least changed.

Young People, Conflict and Regulation

Abstract: Set against the progress claimed since the 1998 Good Friday Agreement, this article reflects the reality of life for children and young people as they negotiate the aftermath of the Conflict in Northern Ireland. Their experiences of informal and formal policing, community and State control, demonstrate the need to understand the lasting impacts of the Conflict when developing policies and practices affecting their lives. At a crucial defining period in the devolution of justice and policing, and based on primary research conducted by the authors, the article establishes key rights-compliant principles central to reform of youth justice.

Crime and Criminology in the Eye of the Novelist: Trends in Nineteenth Century Literature

Abstract: Many leading novelists of the 19th Century were deeply concerned with crime and its causes, reflecting concerns of the period and often raising ideas which find resonance with modern criminological theories. The structural causes of crime; the negative effect of ill‐treatment and harsh punishment; labelling theory; the possibility of redemption and desistance; the ingrained flaws in individual characters which result in a propensity to crime and deviance, enhanced by bad influences and criminogenic environments; the social pressures (labelled ‘strain theory’ by criminologists) which drive outsiders to gain wealth and status by illegitimate means – all these can be found in fiction of the period. This article takes examples from English, French and Russian literature to illustrate these themes. The article also links fiction to the development of perceptions about crime and criminals as the century progressed.

‘Still Entitled to Our Say’: Prisoners' Perspectives on Politics

Abstract: In May 2007, Irish prisoners voted for the first time as a result of legislation which allowed them to cast their franchise. This article outlines the first experience of voting for Irish prisoners and sets out their views on voting, politics, politicians and civic engagement. Despite optimism that enfranchisement would encourage prisoners to vote, the low turnout suggests a population for whom special measures are needed if they are to embrace the franchise. As the Conservative-Liberal Democrat government considers its response to the Hirst judgment on the enfranchisement of prisoners, the experience of Ireland might help inform UK policy makers in their deliberations.

Unlocking a Locked-down Regime: The Role of Penal Policy and Administration in Northern Ireland and the Challenges of Change

Abstract: The aim of this article is to examine the impact of the Conflict on the development and character of the prison system in Northern Ireland. It traces the use of imprisonment to repress challenges to the legitimacy of the State, and the ways in which prisoners and communities have resisted oppressive penal policies. Evidence is presented that notwithstanding the peace process and early release of most politically-motivated prisoners, regimes within the North's three prison establishments remain heavily influenced by the experience of violence, with a prioritisation of security over care and rehabilitation. The establishment, in 2010, of an independent Prison Review led by Dame Anne Owers, has presented an opportunity to address the underlying problems within the prison system. The article concludes by exploring the implications of the Northern Ireland experience for other transitional jurisdictions undergoing penal reform.

Applications to Come off the UK Sex Offender Register: the Position After F and Thompson v. Home Office 2010

Abstract: : The sex offender register for purposes of monitoring and supervising those living in the community who have been convicted of sexual offences is a policy developed in the USA and followed by only a few European countries – the UK, the Republic of Ireland, Jersey and France; Australia, Canada and a few other countries have adopted registers. The UK register started in 1997 and has recently been the subject of legal challenge concerning its ‘lifetime’ registration provisions. The UK Supreme Court ruled in 2010 that the current law is not compatible with the European Convention on Human Rights because it has no right of appeal against registration for those who are assessed as no longer at risk of reoffending. This article considers the mechanisms for deregistering sex offenders that have now been proposed.

Cut price public protection

Abstract: UK public sector financial cuts of up to 25% over the next four years threaten service delivery in a number of areas and it is likely that public protection agencies will not be immune. This article explores ways in which a ‘world leading’ public protection process can continue to effectively manage a consistently growing ‘problem’ whilst its component parts struggle to set new operational priorities in the face of severe financial restraints. It also suggests that nascent coalition government efforts, although creditable, are still not immune from the punitive rhetoric of its predecessor and remain vulnerable to media constructions of dangerousness. The suggestion here is that in addition to modifications to legislation and practice, and, indeed, an attempt to reinvent professional discretion, a major philosophical shift and public education programme are necessary. By reducing the size of the public protection caseload it may be that savings are made in terms of lives and serious harm as well as money.