bluuebunny/crossref_metadata_2025 huggingface dataset:
Law and Order and the Causes of Crime: Some Police and Public Perspectives
Authors: JONES SANDRA , LEVI MICHAEL
Published: January 2009

Abstract: The degree of congruence among the public and between ‘police’ and ‘public’ in attitudes to law and order has been a matter of considerable debate in England and Wales. This article presents some previously unpublished survey data in the context of a general review of research on this topic, and goes on to discuss police and public views about crime causation as a reflection of ideological ‘domain assumptions’ about the nature of offending. It concludes that although there are broad similarities in perspective between police and public, this homogeneity begins to break down when the data are disaggregated at a local level. It also questions the revival of a purely reactive model of policing as an ‘ideal type’ for the inner city.
Abolitionism and the Politics of ‘Bad Conscience’
Authors: HAAN WILLEM DE
Published: January 2009

Abstract:Image and reality of criminal justice in The Netherlands differ to a considerable degree. The causes for the relatively mild penal climate in Holland have to be taken into account, if a potential successful strategy to preserve that climate is to be developed. The discussion about the merits of abolitionism, currently held within the Dutch League for Penal Reform, is dealt with in detail.
Mediation: A New Mode of Establishing Order in Schools
Authors: MARSHALL TONY F.
Published: January 2009

Abstract: The growth of new measures of coping with crime and social disorder, especially in America, employing mediation (as method) and reconciliation (as aim) is described. Applications of such techniques in educational establishments in the United States are then outlined, including campus ombudsmen, training for conflict resolution, and school mediation projects. Early developments in Britain, and potential future directions, are discussed, and reference made to the possible suitability for starting new initiatives of the recently announced Educational Support Grants for Pilot Projects to Promote Social Responsibility among Young People.
Democratic Praxis and Prison Education
Authors: DUGUID STEPHEN
Published: January 2009

Abstract:Education in the prison environment can have signifcant educational and behavioural outcomes in spite of the authoritarian nature of the regime, but to achieve either, a link must be established between the academic content of the programme and the realm of action. Three arguments, one political, one theoretical and the last educational, are advanced for the institution of democratic practices and a democratic ideology (though not necessarily a democratic pedagogy) within the prison education programme. Based on an experience in British Columbia, formal and informal democratic practices are seen as enhancing notions of citizenship, encouraging personal maturation and development, and deepening the impact of the educational content.
Probation, Pragmatism and Policy
Authors: McWILLIAMS WILLIAM
Published: January 2009

Abstract: This paper considers the position of and justifications for the English probation system in the modern period in which penal policy has come to be dominated by a pragmatism which is both philosophical and practical in its penetration. It plots the effects on the service of the demise of confidence in the diagnostic ideal and the subsequent dominance of policy considerations, and it identifies three schools of thought in the probation service which have emerged in recent times.
The Prison Disciplinary System: Perceptions of its Fairness and Adequacy by Inmates, Staff and Members of Boards of Visitors
Authors: DITCHFIELD JOHN , DUNCAN DAVID
Published: January 2009

Abstract: This article describes a research project undertaken in 1984 for the Departmental Committee on the Prison System (the Prior Committee). The aim of the research was to investigate how the prison disciplinary system was perceived by its various protagonists – inmates, officers, governors and members of Boards of Visitors; in particular, whether they perceived it to be a fair system for dealing with disciplinary offences, their views on how serious disciplinary offences should be dealt with, the role of informal measures for maintaining discipline, and the adequacy of existing punishments. The study found common agreement that the fairness of the system depended greatly on the extent to which it allowed the offender to present his side of the case, but views diverged as to how much this was achieved in practice. It concludes that lack of adequate facilities and privileges in prisons has resulted in the disciplinary system being too reliant on the use of forfeiture of remission as a punishment, and that any approach to the problem of control which is simply based on the removal of existing privileges cannot be regarded as realistic.
The Management of Dangerous and Difficult Prisoners
Authors: COYLE ANDREW G.
Published: January 2009

Abstract: The problem of how to manage those prisoners who refuse to conform to standard prison rules and regulations has received considerable attention recently, particularly in Britain and in North America. This article describes some of the strategies adopted in Canada and the United States and contrasts them with developments in Scotland. It concludes that there should be a prior statement of the objective of any alternative unit for this type of prisoner, that its regime should be clearly defined, that a clear definition of what constitutes a difficult or dangerous prisoner should be agreed and that the wider implications of managing this type of prisoner should be publicly appreciated.
Limiting Prison Use: Experience in England and Wales1
Authors: BOTTOMS ANTHONY E.
Published: January 2009

Abstract:This paper reviews policies adopted in England and Wales, especially since 1965, in attempts to limit the prison population. It is shown that measures designed as ‘alternatives to custody’ have had little success in reducing the prison population. Measures designed to shorten the length of custodial sentences have had more impact on the size of the population, but at the cost of several anomalies. It is suggested that few outside observers see in present government policy any real likelihood of improving the recent rather dismal track record of attempts to limit prison use in England.
Judicial Intervention and Work Alienation: A Study of Jail Guards
Authors: POOLE ERIC D. , POGREBIN MARK R.
Published: January 2009

Abstract: This paper examines the effect of judicial intervention on experiences of work alienation among jail guards. From the viewpoint of the officers, court decisions and mandates have seriously infringed upon their authority, compromising their position vis‐a‐vis inmates and making it more difficult for them to perform their duties. Administrative, operational, and procedural changes are perceived as advancing the welfare of prisoners at the expense of the interests of the guards. Judicial intervention has thus led to heightened feelings of several forms of work alienation. An empirical assessment of these processes is presented using data obtained from 138 guards in four U.S. jails.
Foreign Minorities and the Criminal Justice System in The Federal Republic of Germany
Authors: ALBRECHT HANS‐JÖRG
Published: January 2009

Abstract: The article addresses problems of ethnic and foreign minorities in the criminal justice system in the Federal Republic of Germany. Analysis of police and court data suggests at first glance that members of foreign minorities commit far more crimes than are committed by the population's majority. But controlling for differences in those variables which make considerable differences between foreign minorities and the population's majority, especially socio‐economic status, differences in crime rates fade away. It is argued that cultural conflict theory does not provide an adequate framework for explaining crime occurring within foreign minorities. Available evidence suggests that deprivation and control theories are more powerful in explaining criminal behaviour within ethnic and foreign minorities, they seem also to he more useful in guiding criminal policy dealing with foreign offenders. Although crime problems have been of paramount importance in criminological studies dealing with ethnic and foreign minorities, problems of criminal victimisation should be taken into account, too. Furthermore, problems of processing members of ethnic minorities through the criminal justice system are touched on in the article with special emphasis on those points in the process which are hypothesised to embody great potential for discriminatory decision‐making
Immigrants in the French System of Criminal Justice
Authors: CARR‐HILL ROY A.
Published: January 2009

Abstract: The place of immigrants in the French system of criminal justice can only be understood in the context of the history of post‐war France. Since 1956, developments in the prison population and the flux of immigration have been dominated by the 'Algerian probleme. After the Evian agreements were signed in 1962 there was a period of ‘free’ and massive, immigration until 1974. Since then the volume of legislation rivals and probably surpasses the British experience. Together they are the formal expression of the near illegality of being foreign. The day‐to‐day reality of this tenuous citizenship status is documented in the second half ofthe paper. Many of the police in the 1960s also belonged to the Service d' Action Civique, a Gaullisl strong‐arm association; and, since 1974, an increasing proportion of immigrants are being imprisoned. Second generation immigrants also suffer discrimination wherever there is discretion. Overall, the French tradition of being the home of political refugees looks very tarn ished.
Black People and Criminal Justice in the U.K.
Authors: CROW IAIN
Published: January 2009

Abstract: Until recently relatively little research had been carried out on criminal justice and black people in the U.K., but this is now changing. The indications of work to date are that black people's experience of criminal justice in the U.K. is very different from that of white people. One consequence of this is that the number of black people in Prison Department establishments is disproportionately greater than their representation in the population as a whole. However, the process by which this comes about is a complex one, reflecting not only the way that black people are dealt with by different criminal justice agencies, but also their position in society at large. The available evidence shows that, while some differential sentencing cannot be ruled out as an explanation for the disproportional representation of black people in the prison population, what seems to be more important is what happens prior to sentence, in that black people are differentially apprehended, charged and brought to court in the first instance. In view of this it is not surprising that relations between black people and the police are often troubled. This article highlights the interdependence of the criminal justice process and the way that decisions taken at one stage of the process can affect subsequent decisions, and thus be responsible for black people perceiving the whole system as discriminatory.
British Prison Movies: The Case of ‘Now Barabbas‘
Authors: NELLIS MIKE
Published: January 2009

Abstract: My aim in this paper is to contribute both to penal and film history, by examining the relative absence of feature films dealing with adult imprisonment in Britain (compared to America) and discussing in detail the making of the first British example. ‘Now Barabbas' (1949) was a film of some importance, but has been surprisingly neglected by film historians. I will attempt to explain that neglect.
Problems of Police‐Social Work Interaction: Some American Lessons
Authors: Stephens Mike
Published: January 2009

Abstract: There are many examples of relationships between police officers and social workers being hindered by suspicion and hostility. The problem is often located at street and fieldworker levels where divergent operational philosophies, practices, and goals create misunderstandings and perpetuate stereotyped attitudes. However, in Madison, U.S.A., there is a crisis intervention scheme looking after the mentally disturbed, and diverting them from the criminal justice system, that owes much of its success to close co‐operation between the police and the scheme's social workers. Essentially, that co‐operation was achieved by identifying the police role as case‐finders and by responding to the operational needs of patrol officers.
How Young House Burglars Choose Targets
Authors: Wright Richard , Logie Robert H.
Published: January 2009

Abstract: This article reports the results of an empirical study designed to determine what features of the immediate environment are important to juvenile house burglars in their selection of targets. The study involved two main subject groups: (i) convicted juvenile burglars; and (ii) adult householders. Subjects were presented with photographs of houses and asked whether or not they would choose them as a burglary target on the basis of the information available. These photographs were identical for each subject apart from a controlled factor. Data also were gathered from participants via a checklist procedure, a short interview and a surprise recognition test. The findings indicated that young burglars largely concurred as to the factors which influenced their decision when choosing a target. However, their choice of factors differed in several important respects from those which householders believed to be important to such offenders. The implications of this work for environmental crime prevention strategies are discussed.
Residential Burglary in the Republic of Ireland: A Situational Perspective
Authors: Nee C. , Taylor M.
Published: January 2009

Abstract: This paper describes interviews conducted with a sample of 50 convicted residential burglars imprisoned in the Republic of Ireland. The interviews were structured to establish the nature of their criminal career, the characteristics of the burglaries they Committed, their occupational style and their general lifestyle. The results of the interviews are presented in terms of the decision to offend, occupational style and target selection and sentencing as a deterrent. The results confirm the importance of environmental cues in the selection of property to burgle, but attention is drawn to the probable role of multiple cues and cue salience. A behavioural interpretation of these results is proposed.
Female Offenders and the Probation Service
Authors: Mair George , Brockington Nicola
Published: January 2009

Abstract: This paper considers the position of female offenders in relation to the work of the probation service. Using both primary and secondary data sources it investigates disparities between females and males in the use of probation‐administered disposals, and suggests the social inquiry report to be a key factor in these. Possible reasons for differential treatment of females by the probation service, and other issues relating to this are also discussed.
Reparation in the Service of Diversion: The Subordination of a Good Idea
Authors: Davis Gwynn , Boucherat Jacky , Watson David
Published: January 2009

Abstract: ‘Reparation’ from offender to victim may take a variety of forms and can be promoted either as an alternative to or in conjunction with the operation of our criminal courts. Several Home Office sponsored experiments have been run. The authors, who hove been monitoring these and other initiatives, conclude that the scope for making amends ‐ and for viewing criminal justice in reparative terms ‐ is undermined through the current preoccupation with diverting the offender from prosecution, or mitigating the court's penalty.
Public Care or Distorted Family Relationships: the Antecedents of Violent Crime
Authors: MINTY BRIAN
Published: January 2009

Abstract: 166 boys living in a deprived inner city area in Northern England, and born between 1944 and 1953 were followed up through local and national criminal records to an average age of 30. As adults, just over a quarter (26%) had a conviction for an offence against the person. Having a conviction for ‘violence’ was strongly associated with juvenile delinquency and conduct disorder. It was also found to be associated with certain deficiencies and distorted relationships in the natural home. Although boys who had been in public care for short periods contained a relatively high proportion of subjects later convicted of crimes against the person, the proportion among boys who were virtually brought up in care was much lower. There was also an inverse ratio between the length of time spent in care and the number of violent offences committed in adult life by boys committed to care for offences and being beyond control.
Drinking, Driving, and the Legal Profession1
Authors: LIGHT ROY
Published: January 2009

Investigation of the effectiveness of the criminal law as a method of controlling the drinking driver has tended to concentrate on simple deterrence theory (fear of apprehension and severity of punishment). Wider issues of stigma, informal sanctions and the instrumental expressive function of the law have been subjected to little scrutiny. This article makes a preliminary exploration of these areas and starts to assess the ramifications for the effectiveness of the legal sanction, in relation to drinking and driving, of the legal profession's own internal policy in this area, with particular reference to how it deals with its own senior members who have been convicted of the offence.
Probation — The Next Five Years A Comment
Authors: RUMGAY JUDITH
Published: January 2009

Abstract: The author considers the recent joint statement of the Association of Chief Officers of Probation, Central Council of Probation Committees and National Association of Probation Officers (1987). She argues that while the broad aims set out in the document are welcome, by neglecting wider aspects of criminal justice policy and internal divisions in the probation service, the joint statement represents an inadequate basis for formulation of policy and practice.
An Assessment of the Design, Implementation and Effectiveness of Neighbourhood Watch in London
Authors: BENNETT TREVOR
Published: January 2009

Abstract: This paper presents the findings of a recently completed evaluation of two Neighbourhood Watch schemes in London. The main research method was based on crime and public attitude surveys of the two Neighbourhood Watch areas before the schemes were implemented and again one year after their implementation. Similar surveys were conducted in a displacement and a control area as a comparison. The results showed that crime increased slightly in the scheme areas and remained constant or fell in the displacement and control areas. More favourable results were shown in changes in public attitudes and behaviour. The paper concludes that the lack of a more substantial success was most likely due to implementation failure and the weak design of Neighbourhood Watch in the Metropolitan Police District (MPD).
The Police and Criminal Evidence Act 1984: The Social Work Role
Authors: THOMAS TERRY
Published: January 2009

Abstract: This article examines the Police and Criminal Evidence Act 1984 and its implications for Local Authority social workers and the roles they are now asked to take on. In particular the article focusses on the police detention and questioning of ‘vulnerable’ suspects like juveniles and mentally disordered people and the role of the social worker as ‘appropriate adult’. The importance of the social work role in this part of the criminal justice system is emphasised, together with a survey of the available literature to inform it and the difficulties experienced in practice.
Prison Disciplinary Hearings: The Failure of Reform
Authors: LIGHT ROY , MATTFIELD KEREN
Published: January 2009

Abstract: There have been two important recent developments affecting the prison disciplinary system. First, the courts have intervened by way of judicial review in the matter of legal representation at adjudications and secondly, the Prior Committee has presented a much praised blueprint for a complete overhaul of the prison disciplinary system. Unfortunately, the intervention of the courts has made little impact in practice and the Prior Committee recommendations seem destined to be relegated to the limbo of lost causes. Which leaves prison disciplinary hearings subject to much the same criticisms as they have always been (see for example Justice 1983).
Old and New: Japan's Mechanisms for Crime Control and Social Justice
Authors: BECKER CARL B.
Published: January 2009

Abstract: This article examines some of the reasons why Japan enjoys one of the most crime‐free industrial societies in the world with a high concern for social justice. It begins by examining traditional values in Japanese history, particularly the importance of family and groupmembership. It shows the implications of these values for crime, justice, and the Japanese legal system. Then it discusses five post‐war mechanisms contributing to Japan's continued social harmony and growing efforts towards social justice: writing groups, debating societies, neighbourhood newspapers, individual instruction in traditional arts, and gasshukus. It is suggested that other societies may benefit by the adoption or adaptation of some of Japan's values and techniques.
Temporary Release: Getting Embroiled with Prisons
Authors: LIEBLING ALISON
Published: January 2009

Abstract: In this article, the case is argued for the wider use of temporary release, but more specifically for the wider use of ‘probation workshops’, as part of the probation service's planned, co‐ordinated and intrusive response to crime.
A Simulation Study of Electronic Tagging as a Sentencing Option
Authors: FROST SALLY M. , STEPHENSON GEOFFREY M.
Published: January 2009

Abstract: A simulation exercise was carried out in which participants were asked to recommend sentences for convicted prisoners, and options for those awaiting trial, in one of two conditions, that is, with tagging as an available option, or as not available. The introduction of tagging as an option had the effect of increasing the use of fines as a punishment relative to prison and probation, although tagging was not in itself a highly favoured option as a punishment. Tagging was, nonetheless, favoured as an alternative to bail or remand, its introduction having the effect of detracting from the use of whichever was the most favoured option in each case. It is suggested that the principle of detraction from the most favoured option might generalise to sentencing, should tagging be introduced.
Police and Community Perceptions of the Community Role in Policing: The Philadelphia Experience
Authors: GREENE JACK R. , DECKER SCOTT H.
Published: January 2009

Abstract: Police and community relations have long occupied the attention of the police and the public. The recent emergence of community policing philosophy emphasises closer involvement of police and community residents, yet to date has ignored the perceptions of the police and the public toward each other's role in affecting social control. Fifty Philadelphia police officers and 24 community residents, participating in a community/police educational programme called Project COPE, provide information on police and community attitudes toward responsibility for crime control, support for and antagonism toward police actions, and the quality of police citizen interactions. Preliminary findings from a before and after analysis of programme participants suggest that relations between these two groups may be strained by police officer and agency acceptance of public criticism.
The Death Penalty: An International View
Authors: WIECHMAN DENNIS , KENDALL JERRY , BAE RONALD
Published: January 2009

Abstract: This research explores the use and non‐use of capital punishment in various regions of the world. This is a descriptive analysis of the ultimate penal policy that any nation can give in its operation and administration of justice. In 1965 Patrick published his research on the death penalty. He found 86.6% of the nations he studied retained the death penalty. Amnesty International found 84.6% for 1985. The two figures are very close even though they are over 20 years apart. The research briefly explores the increases in the death row population in the United States (over 2,000 since 1967). Great Britain tried to reinstate the death penalty to solve its ‘terrorist problem’ in 1987. Spain executes by a ‘garrote’. The Soviet Union and some other Soviet aligned nations retain the penalty for the economic crimes of: counterfeiting, speculation in currency, stealing state property, and taking bribes by an official. France abolished the death penalty and the guillotine in 1971. They tried to reinstate the penalty in 1976 to deal with ‘major drug crimes’. Australia eliminated the penalty in 1985 when its Western region finally abolished it. South Africa did execute an average of 111 per year for the years 1980 to 1985. Japan retains the penalty for 17 crimes. Malaysia has recently executed several people for drug offences and arms violations. In Latin America, one‐half of the nations retain the penalty. The article concludes with recent events surrounding World War II Nazi Criminals recently sentenced to death in Israel and Russia.
Stress Among Prison Officers: Some Empirical Evidence Based on Self Report1
Authors: LAUNAY GILLES , FIELDING PRIMROSE J.
Published: January 2009

Abstract: Eighty‐nine prison officers were asked to rate the importance of 25 potential sources of stress in their work. They were also administered a twelve‐item General Health Questionnaire (GHQ) as a measure of occupational stress. General Health (GH) was not related to age. It was related to rank, with senior officers reporting lower levels of stress than basic grade officers. The relationship between GH and length of service was curvilinear, with officers who had worked an intermediate number of years in the prison service reporting more stress. The factor analysis of the 25 sources of stress suggested that stress originated from two main sources, inmates and management, the weight given to these two factors being unrelated to the age, rank or experience of the officers. It was however related to the officers' reported stress on the GHQ. In particular, stressed officers were more likely to report inmates to be a source of stress than non‐stressed officers. Implications and plans for future research are discussed.
A Fresh Start: The Enhancement of Prison Regimes*
Authors: McDERMOTT KATHLEEN , KING ROY D.
Published: January 2009

Abstract: The introduction of the new staffing package known as Fresh Start was expected to release up to 20% of spare capacity in the prison system that could be used, among other things, to enhance regimes for prisoners. In this study of five prisons in Midland Region comparisons on seven regime measures before and after Fresh Start showed twice as many examples of deterioration as enhancement of regimes.
Talking Tough: Empty Threats in Probation Practice
Authors: RUMGAY JUDITH
Published: January 2009

Abstract: The author considers the emphasis of the recent Green Paper, Punishment, Custody and the Community, on community‐based punishments and the implications of this for the probation service. She argues that, although the probation service is now concerned about this policy it has nevertheless contributed to it. She concludes that lack of confidence in rehabilitation has made the service vulnerable to co‐option into the punishment movement and that only explicitly rehabilitative goals can preserve rehabilitative practice.
The Impact of Historical, Legal and Administrative Differences on a Sanction: Community Service Orders in England and Ontario
Authors: MENZIES KEN , VASS ANTONY A.
Published: January 2009

Abstract: The authors offer a comparative discussion of community service by offenders (CS). They suggest that in both England and Ontario concern about the social and economic costs of imprisonment, doubts about prison effectiveness, a rising crime rate and interest in community based alternatives to imprisonment form the background to CS. They point to the main differences between the two contexts and the way CS operates. They explain those differences by resort to socio‐historical, legal and administrative factors which, they argue, have been at work since the inception of the sanction in both contexts. In particular, they point out the possible reasons why the English CS is a male dominated partial prison alternative, while in Ontario, women are overrepresented on a sanction which rarely, if ever, functions as an alternative to imprisonment. They also show how the same factors have been instrumental in shaping CS which in England is higher up in the tariff structure than in Ontario.
Discipline and Punish: Some Notes on the Margin
Authors: NELKEN DAVID
Published: January 2009

Abstract: This paper re‐analyses a debate between Cohen and Bottoms over the alleged growth of the ‘disciplinary society’. It then takes as a test case empirical evidence concerning a new technique of social control used by social workers, namely the use of ‘contracts' in welfare interventions, especially with parents suspected of maltreating their children. It argues that this form of social control illustrates the limitations of the analytical framework used by both Cohen and Bottoms and suggests that a characteristic of modern control techniques may be the way they fuse together disciplinary and juridical elements.
Justice on the Margin: Can Alternative Justice be Different?
Authors: HENRY STUART
Published: January 2009

Abstract:This paper examines the way that extreme cases of alternative justice, that is the non‐state forms of private justice in co‐operatives, reproduce capitalist legal control forms, even where co‐optation is absent. Drawing on the constitutive social theory of Giddens and others, the paper points to the inevitability of such reproduction by marginal justice institutions. This inevitability is argued to result from marginal justice practitioners sharing a common repository of control talk which impedes but does not exclude their ability to sustain divergent forms of justice. The paper concludes by considering how genuine alternatives might develop.
Crime as Resistance: The Colonial Situation
Authors: FITZPATRICK PETER
Published: January 2009

Abstract: Criminal law in the colonial situation subordinates resistance in a double marginalisation. With one, resistance is rendered as peripheral to and as comprehensively dominated by that which is resisted. With the other, that which is resisted — colonial domination — is constituted as transient and exceptional, yet also as necessary for the inevitable march of progress. Resistance to it thus becomes multiply futile. Making these marginalised positions the focus of enquiry reveals the basic and enduring significance of crime as resistance to colonial rule. Such a reversal of perspective not only questions the exceptional nature of colonialism but also reveals colonial dimensions of ‘crime’ in the West.
Community, Crime and Punishment in West Belfast
Authors: McCORRY JIM , MORRISSEY MIKE
Published: January 2009

Abstract: Northern Ireland is the only U.K. region in which there is the operation of an informal criminal justice system, based on the power of paramilitary organisations and in opposition to the statutory system. In particular, the I.R.A. partly in response to community demands and partly to realise a dual power strategy, punish those whom they regard as offenders by a variety of means. This process creates a set of contradictions for the formal criminal justice system, for the communities in which it occurs and for the paramilitaries. The article explores these issues via a case study of a community project in West Belfast designed to protect young people, who hijacked cars, from both the paramilitary and formal systems of criminal justice.
Social Crime Prevention à la Thatcher
Authors: KING MICHAEL
Published: January 2009

Abstract: Social crime prevention, like ‘the crime problem’ and crime control, is constructed in ways which promote and sustain the political objects of governments. This article compares the forms social crime prevention policies have taken in France and the United Kingdom. It presents a more detailed account of such prevention initiatives under the Conservative government which it sees as extensions of more general Conservative policies. Finally, it hazards some predictions as to the future of crime prevention in the United Kingdom.
The Privatisation of Prisons in the United States: A Policy That Britain Should Not Emulate
Authors: PORTER ROBERT GEOFFREY
Published: January 2009

Abstract: The author considers the privatisation of prisons both as anticipated in Britain and as exists in the United States. He concludes that this is not only a fundamentally unacceptable policy but also a not necessarily successful one.
Community Service and Custody in Scotland
Authors: McIVOR GILL
Published: January 2009

Abstract: The recent Home Office and Scottish Office National Standards are aimed, among other things, at encouraging the use of community service as an alternative to custody. Research in twelve Scottish schemes revealed that community service was replacing imprisonment for less than half the offenders on orders and that the percentage of offenders diverted from custody has decreased over the years. Standardisation of practice, increased risk‐taking by schemes and increased dialogue with the courts may enhance the diversionary potential of community service but a major revision of sentencing practice is unlikely in the absence of specific guidelines or legislative change.
Expanding the Use of Non‐Custodial Sentencing Options: An Evaluation of the Kansas Community Corrections Act
Authors: JONES PETER R.
Published: January 2009

Abstract: Part II of the recent Green Paper Punishment, Custody and the Community has focussed attention on non‐custodial sentencing options. A similar emphasis on community‐based sanctions is currently to be found in the United States, where severe prison crowding conditions have resulted in court‐imposed restrictions on custodial sentences in several states, Partly in response to this problem a small number of states have introduced comprehensive Community Corrections Acts (C.C.A.s) which seek to provide viable ‘alternatives to incarceration’. Research evaluations of such programmes have highlighted several problem areas, particularly surrounding the issues of diuersion and public safety. While the ‘nothing works’ label is clearly inappropriate there is scepticism about the efficacy of extending the use of community based programmes. This paper discusses these issues and draws on the findings of a recent assessment of the Community Corrections Act of Kansas.
Tagging Reviewed1
Authors: LILLY J. ROBERT
Published: January 2009

Abstract: Much of the confusion surrounding tagging has been created because the topic has yet to be debated in the cultural context within which it has been developed. This paper identifies the appropriate cultural context for an informed debate and asks that it begin. ‘Our much vaunted progress in technology, generally of civilization, is like the axe in the hand of a pathological criminal’ (Einstein 1917).
Probation Service and Public Opinion in The Netherlands
Authors: WOELINGA DOUWE
Published: January 2009

Abstract: This paper presents the findings of a survey about awareness of and attitudes towards the probation service in the Netherlands. The results show that, even in a period of increased repressiveness in which attention tends to be focussed on the victim, there is still a stable basis for probation work among the public. Although awareness of the existence of the probation service has increased since a similar study was carried out in 1966, its specific tasks need to be explained more fully. Publicity might also increase the assumed benefit and effect of probation work. Special efforts to reach groups like youngsters and members of ethnic minorities are recommended in the conclusion.
Sharpening the Watchdog's Teeth: A Case for Retention of the Dual Role of Boards of Visitors in Penal Establishments
Authors: CORNWELL DAVID J.
Published: January 2009

Abstract: Since the mid‐1970s, the writers of a number of widely‐publicised reports and journal articles have sought to make a case for the separation of the supervisory and adjudicative roles of Boards of Visitors within penal establishments on the premise that the dual functions are incompatible. In this article the author traces the history of this development, and presents a case for the retention of both roles on the basis that they are complementary and form an essential component of due process within prison regime management.
Community Service Work Placements
Authors: McIVOR GILL
Published: January 2009

Abstract: The attitudes and responses of offenders on community service orders to different types of work have been largely undocumented. A study of Scottish community service schemes revealed that the quality of work placements was more important than the setting in which the work was carried out or the broad nature of the work performed. Placements with certain characteristics were most valued by the offenders and a positive experience of community service was associated with increased compliance with the requirements. The implications are discussed in relation to the National Standards that have been introduced in Scotland and in England and Wales.
Psychological Treatment as an Alternative to Prosecution: A Form of Primary Diversion
Authors: COOKE DAVID J.
Published: January 2009

Abstract: Within Scotland the procurator fiscal decides whether to prosecute individuals accused of committing crimes and offences. A new ‘diversion’ scheme has been developed whereby alleged offenders can be offered treatment in lieu of prosecution. The evolution and operation of the scheme based at the Douglas Inch Centre in Glasgow is described. The type of offenders referred to the scheme is examined. The policy issues raised by the scheme are analysed in detail.
Does Parole Reduce the Risk of Reconviction?
Authors: HANN ROBERT G. , HARMAN WILLIAM G. , PEASE KEN
Published: January 2009

Abstract: Research is reviewed from Canada, Great Britain, and the USA, which suggests that offenders granted parole are reconvicted less than those not so released. The competing explanations for this uniformly observed difference are evaluated. It is concluded that the most likely explanation is in terms of a treatment effect rather than a consequence of the selection of better risk prisoners alone. Something about the grant or process of parole seems to work to reduce reconviction. This could be something as disreputable as the use of delaying tactics to postpone a further conviction until after licence expiry. There could also be a negative effect of parole denial to offset any positive effect of the grant of parole. Research is suggested which would clarify these points. Assuming remaining doubts are resolved in ways favourable to parole, there appears to be some grounds for optimism for parole schemes to develop into criminal justice procedures which have the net effect of crime reduction.
Violence in Prisons: The Influence of Regime Factors
Authors: COOKE DAVID J.
Published: January 2009

Abstract: Violence in British jails is increasing. Explanations of this rise are often couched in terms of the psychological characteristics of the perpetrators. This paper argues that the characteristics of the regime have a significant role in the etiology of violent incidents. The evidence relating to violent incidents in prisons, special hospitals and secure units is reviewed. It is concluded that regimes which allow more inmate participation, increased contact with the outside world and which are operated by more highly trained prison officers, are likely to have a positive effect on the rising tide of violence in British jails.
Deaths in Custody in Britain and Australia1
Authors: BILES DAVID
Published: January 2009

Abstract: An examination of the available evidence relating to deaths in prison and police custody for Britain and for Australia reveals that the Australian prison crude death rate is twice as high as the equivalent rate for England and Wales. There were equal proportions of suicides in both groups, but the prison deaths from England and Wales were much more likely to be among remandees than was the case in Australia. The Scottish prison death rate was found to be slightly higher than that of England and Wales, but also much lower than the Australian rate. A comparison of the rates of death in police custody also produced interesting differences with the Scottish rate being the highest. This was followed by Australia, with England and Wales again being found to have the lowest rate. A closer examination of the data for England and Wales and Australia revealed that a higher proportion of the Australian deaths in police custody was self‐inflicted and that proportionately many more of the British deaths in police custody occurred in hospitals rather than in police stations. An examination of the figures for each year showed that 1987 was a particularly bad year for prison suicides in both countries. There were also higher than expected numbers of other deaths in custody in 1987 in Australia, but this pattern was not reflected in the British data of deaths in police custody. Possible explanations for these findings are considered together with their implications for reducing deaths in custody.
In the Underworld: An Interview with a Dutch Safe‐Breaker
Authors: PUNCH MAURICE
Published: January 2009

Abstract: This article records an interview with a professional Dutch criminal that illuminates certain aspects of the traditional Dutch underworld. The aim was twofold; to explore the nature of the underworld and to encourage fieldworkers to explore criminality through the biographies of criminals. The traditional underworld in The Netherlands has been replaced by ‘organised’ crime in the hands of Chinese, Turks, Israelis, Colombians, etc. ‘Aage M.’, as he was known in the media, was a well‐known safe‐breaker whose personal story reveals him almost as a relic of a parochial, cohesive, and largely non‐violent domestic underworld that has largely disappeared. The paper is written as a contribution to the small literature on criminal biographies. And as a plea for more direct involvement in the world of crime (short of committing crime!) by qualitative research that is an antidote to the policy‐based, pragmatic, atheoretical mainstream of current crime and deviance material.
Children on Trial? Psychology, Videotechnology and the Law
Authors: DAVIES GRAHAM
Published: January 2009

Abstract: Traditionally, the British legal system has exhibited great caution in its treatment of children's testimony and this has been reflected in the laws of evidence as they have applied to juveniles. Recent research by psychologists has challenged the view that children are necessarily incompetent witnesses and contributed to the changes in the law embodied in the 1988 and 1990 Criminal Justice Acts. The 1988 Act set up a system of live video links designed to reduce the trauma of testifying for children. The impact of those changes has been the subject of both experimental and observational research by the author, the latter commissioned by the Home Office. The Pigot Report proposed a series of additional reforms including the admission of videotaped evidence and some of these recommendations were incorporated into the 1990 Act. It is argued that the cumulative impact of these changes could assist greatly the gathering of evidence from children and its presentation in courts of law.
The Production of Guilt in the Juvenile Justice System: The Pressures to ‘Plead’
Authors: WUNDERSITZ JOY , NAFFINE NGAIRE , GALE FAY
Published: January 2009

Abstract: Analysts of criminal justice have become increasingly sensitive to the question of the voluntariness of the defendant's plea. In England, the United States and Australia it has been argued that pressures are applied to defendants to admit guilt. Although these studies have focussed predominantly on the adult jurisdiction, there is ample evidence to suggest that the majority of children also plead guilty, thereby waiving their right to a trial and its associated procedural protections. Employing the South Australian system of juvenile justice as a case study, this paper considers whether the high rate of guilty pleas is a function of pressures, appropriate or otherwise, brought to bear on the young defendant.
Early Release of Prisoners in France Plus ça change, plus c'est la même chose
Authors: LLOYD MARGARET GWYNNE
Published: January 2009

Abstract: The early release of prisoners has been under review in both France and England and Wales in recent years. ‘Penological pragmatism’ was a criticism levelled at the developments which occurred in parole in the 1980s. Is this a criticism which French early release procedures will face in the 1990s?
Sentencing White‐Collar Crime in the Dark?: Reflections on the Guinness Four
Authors: LEVI MICHAEL
Published: January 2009

Abstract: This article reflects upon the sentences imposed in the most heavily publicised UK white‐collar crime trial since the 1960s, if not this century. It examines the central legal issues on which the defendants were convicted, the way in which the case and subsequent appeals were depicted by the ‘popular’ as well as ‘qualiy’ news media, the considerations that affected sentencing and parole, and the social and economic consequences of conviction for the defendants. It concludes that even after reduction by the Court of Appeal, longer sentences were not appropriate and that in (rare) cases of this kind, we might consider imposing lengthy community service allied with weekend imprisonment.
Sentencing the Business Offender
Authors: CROALL HAZEL
Published: January 2009

Abstract: This paper examines how one group of business offenders is sentenced. It is argued that both the seriousness of offences and the culpability of offenders are important factors, but that their effect is influenced by the absence of relevant information and the ability of defendants to neutralise blameworthiness. The status of offenders may be less significant than the general appeal of defendants to business values. The apparent leniency of sentences arises in large part from the ambiguous criminal status of offences. On occasion however offences can be more harshly viewed and this shared set of values can be challenged.
Sentencing With and Without Reports: A Local Study
Authors: RAYNOR PETER
Published: January 2009

Abstract: This paper reports the main findings of a local study which compared sentencing outcomes for offenders sentenced in the Crown Court with and without social inquiry reports. The results suggest that for middle‐risk adults aged over 20, the availability of a report can increase the likelihood of a custodial sentence. This may have implications for report writers' approach to recommendations.
Women Partners of Prisoners
Authors: PEELO MOIRA , STEWART JOHN , STEWART GILL , PRIOR ANN
Published: January 2009

Abstract: In this paper we examine the effects of sentencing on the lives of women partners of prisoners. Whilst criminological theory has advanced in acknowledging issues surrounding women as offenders and as victims of crime, the effects of male imprisonment on the lives of wives and girlfriends remains little researched. The effects on partners' financial arrangements, existing poverty and relationships in the period following sentencing, when approaching the probation service for assistance, are presented. They are analysed in the context of the role stereotyping which ascribes guilt to wives and girlfriends for their partners' crimes; and in the light of the ‘criminalisation of social policy’ which ensures partners' needs will become even more marginalised.