Experiences of criminal justice: Perspectives from Wales on a system in crisis By D. Newman, R. Dehaghani, Bristol: Bristol University Press. 2023. pp. 270. £80.00 (hbk); £26.99 (pbk); £26.99 (ebk). ISBN: 9781529214222; 9781529214239; 978152914246

Q2 Social Sciences
Nasrul Ismail
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In fact, the position that the system is at breaking point is the one thing on which all our politicians seem to agree. What has not been settled, however, is how the system is being pushed to this state, and at what costs? Does the criminal justice system still serve its purposes to maintain law and order and ensure that offenders and victims receive justice?</p><p>Essentially, these are the dilemmas that Daniel Newman and Roxanna Dehaghani explore in their recent book, <i>Experiences of criminal justice: Perspectives from Wales on a system in crisis</i>. Their findings – contextualised in the criminal justice system in Wales – illuminate how austerity blights social safety nets for individuals, and how existing issues that run against the backdrop of the criminal justice system compound their experiences. Again and again, the text in this book reminds me of Callinicos's (<span>2012</span>) observation: those who engineered or profited from the asset bubbles do not bear the brunt of the resulting austerity; rather, workers and the poor do.</p><p>Operationalising austerity, <i>Experiences of criminal justice</i> is the result of qualitative research that Newman and Dehaghani undertook in 2018 and 2019. The study involved 69 participants who reported on how they experienced a criminal justice system in crisis. These findings were presented thematically in the concerted effort to champion the voices and experiences of those marginalised by institutionalised state practices.</p><p>Newman and Dehaghani put forth a compelling case for the uniqueness of Wales from geographical and cultural perspectives in their opening chapter. The authors also remind us of the slow burn of inequality experienced by people in Wales through increased poverty, social disadvantages and marginalisation, all of which further support the latest statistics: Wales has the highest number of individuals living in relative income poverty (23%) compared with England, Scotland and Northern Ireland (Welsh Government, <span>2021</span>). Despite these idiosyncrasies, Wales continues to be treated as a silent partner of England in the criminal justice system, while power over this system remains centralised despite the devolution of power in this nation.</p><p>Equitable access to justice is characteristic of a healthy state-citizen relationship. Yet, as Chapter 2 progresses, Newman and Dehaghani offer kaleidoscopic views of how such a relationship is increasingly tarnished, mainly through the rollback of state formations manifested through cuts to criminal legal aid and the low fees paid for criminal defence work. As a result, the authors cite the following consequences: a one-third reduction in the Crown Prosecution Service (CPS) workforce that enforced the use of paralegals and police to construct the prosecution case; a decline in firms offering criminal legal aid work; and the imposition of case management on the part of the defence. These shifts indicate a more managerialist and punitive mindset of the criminal justice system in Wales that exposes individuals to further vulnerability. From the authors’ evidence, the balance of the criminal justice system is certainly further tilted toward Packer's (<span>1964</span>) crime control model: an efficient system takes precedence over individual rights and freedoms.</p><p>All of these issues cast doubt on the future of the criminal justice system, and in particular, the future of publicly funded criminal defence in Wales. These concerns are visited by Newman and Dehaghani in the successive five chapters. For instance, in Chapter 3, the authors describe how the efficacy of social agenda and vocation to serve the public, by some research participants who served as legal practitioners, is being tarnished by their low pay. Essentially, it is the system that forces them out to the more lucrative areas of law practice. Meanwhile, the insufficient opportunities, social and economic deprivation and negative view of the police culminate into a general lack of trust among the accused and their family members who were interviewed by the authors. Further, the low threshold of £12,475 for legal aid prevents people from getting the legal aid they deserve. This, then, impacts the quality of case preparation that ultimately compromises justice for these individuals, which the authors explore further in Chapter 5.</p><p>Indeed, the theme of injustice continues in the following chapter. Proximity, Newman and Dehaghani argue, matters in Wales. Illuminative examples were used that stayed with me as a reader. One example is how the accused was not tried by people from their locality given the court closures in South Wales. The court closure, as depicted by the authors, removed the sense of local justice and sparked further distrust of people in the criminal justice system. Another story surrounds the difficulty of travelling to the nearest court, especially if the accused are already experiencing financial hardship. Furthermore, there are no prisons for women in Wales, and this forces the relocation of female offenders to HMPs Eastwood Park and Styal, both of which are in England, preventing them from receiving visits from their children and family members.</p><p>Chapters 6 and 7 explore the relationship that the legal practitioners have with the criminal justice system and how family members of the accused feel they are being let down by their lawyers. While the participants’ narratives are insightful, I found myself questioning the data in these chapters, specifically asking myself: What have these data got to do with austerity? As admitted by the authors: ‘… underfunding is not the only factors that impact lawyer-client relationship’ (p.163). Other factors include how the assumption of client guilt by their lawyers destroys their trust, and how empathy and fairness in the process trump the legal expertise of the lawyers. A better framing of how these long-standing issues in the criminal justice system have been exposed, exacerbated, or intensified by austerity would have been ideal, especially when such vulnerability in the system hints at the miscarriage of justice, which can be costly in the long run.</p><p>The book ends with a chapter on enacting criminal justice differently. The authors support the transfer of power in the justice system to Wales with the trajectory that this would dovetail into other public services, such as in the social, health and education sectors. Compelling reasons ensued, including the expected result of clearer and improved accountability, innovation and bringing justice closer to home. The authors also convincingly recommend that we ‘dismantle the notion of the criminal justice process as a battleground and instead to reconceptualise it as one of mutual support, where the state and individual are not at odds with each other’ (p.207). 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引用次数: 1

Abstract

From austerity to Brexit to Covid-19, the UK is facing a series of interlinked crises. Regarding austerity in particular, public services like the National Health Service, local government and social security benefits have been affected. Even the criminal justice system has not been spared from financial cuts. Yet, the impoverished status of these key public services defies the logic that the UK is currently the sixth largest economy in the world (World Bank, 2023).

The progressive underfunding of the UK criminal justice system is pushing it to a breaking point. In fact, the position that the system is at breaking point is the one thing on which all our politicians seem to agree. What has not been settled, however, is how the system is being pushed to this state, and at what costs? Does the criminal justice system still serve its purposes to maintain law and order and ensure that offenders and victims receive justice?

Essentially, these are the dilemmas that Daniel Newman and Roxanna Dehaghani explore in their recent book, Experiences of criminal justice: Perspectives from Wales on a system in crisis. Their findings – contextualised in the criminal justice system in Wales – illuminate how austerity blights social safety nets for individuals, and how existing issues that run against the backdrop of the criminal justice system compound their experiences. Again and again, the text in this book reminds me of Callinicos's (2012) observation: those who engineered or profited from the asset bubbles do not bear the brunt of the resulting austerity; rather, workers and the poor do.

Operationalising austerity, Experiences of criminal justice is the result of qualitative research that Newman and Dehaghani undertook in 2018 and 2019. The study involved 69 participants who reported on how they experienced a criminal justice system in crisis. These findings were presented thematically in the concerted effort to champion the voices and experiences of those marginalised by institutionalised state practices.

Newman and Dehaghani put forth a compelling case for the uniqueness of Wales from geographical and cultural perspectives in their opening chapter. The authors also remind us of the slow burn of inequality experienced by people in Wales through increased poverty, social disadvantages and marginalisation, all of which further support the latest statistics: Wales has the highest number of individuals living in relative income poverty (23%) compared with England, Scotland and Northern Ireland (Welsh Government, 2021). Despite these idiosyncrasies, Wales continues to be treated as a silent partner of England in the criminal justice system, while power over this system remains centralised despite the devolution of power in this nation.

Equitable access to justice is characteristic of a healthy state-citizen relationship. Yet, as Chapter 2 progresses, Newman and Dehaghani offer kaleidoscopic views of how such a relationship is increasingly tarnished, mainly through the rollback of state formations manifested through cuts to criminal legal aid and the low fees paid for criminal defence work. As a result, the authors cite the following consequences: a one-third reduction in the Crown Prosecution Service (CPS) workforce that enforced the use of paralegals and police to construct the prosecution case; a decline in firms offering criminal legal aid work; and the imposition of case management on the part of the defence. These shifts indicate a more managerialist and punitive mindset of the criminal justice system in Wales that exposes individuals to further vulnerability. From the authors’ evidence, the balance of the criminal justice system is certainly further tilted toward Packer's (1964) crime control model: an efficient system takes precedence over individual rights and freedoms.

All of these issues cast doubt on the future of the criminal justice system, and in particular, the future of publicly funded criminal defence in Wales. These concerns are visited by Newman and Dehaghani in the successive five chapters. For instance, in Chapter 3, the authors describe how the efficacy of social agenda and vocation to serve the public, by some research participants who served as legal practitioners, is being tarnished by their low pay. Essentially, it is the system that forces them out to the more lucrative areas of law practice. Meanwhile, the insufficient opportunities, social and economic deprivation and negative view of the police culminate into a general lack of trust among the accused and their family members who were interviewed by the authors. Further, the low threshold of £12,475 for legal aid prevents people from getting the legal aid they deserve. This, then, impacts the quality of case preparation that ultimately compromises justice for these individuals, which the authors explore further in Chapter 5.

Indeed, the theme of injustice continues in the following chapter. Proximity, Newman and Dehaghani argue, matters in Wales. Illuminative examples were used that stayed with me as a reader. One example is how the accused was not tried by people from their locality given the court closures in South Wales. The court closure, as depicted by the authors, removed the sense of local justice and sparked further distrust of people in the criminal justice system. Another story surrounds the difficulty of travelling to the nearest court, especially if the accused are already experiencing financial hardship. Furthermore, there are no prisons for women in Wales, and this forces the relocation of female offenders to HMPs Eastwood Park and Styal, both of which are in England, preventing them from receiving visits from their children and family members.

Chapters 6 and 7 explore the relationship that the legal practitioners have with the criminal justice system and how family members of the accused feel they are being let down by their lawyers. While the participants’ narratives are insightful, I found myself questioning the data in these chapters, specifically asking myself: What have these data got to do with austerity? As admitted by the authors: ‘… underfunding is not the only factors that impact lawyer-client relationship’ (p.163). Other factors include how the assumption of client guilt by their lawyers destroys their trust, and how empathy and fairness in the process trump the legal expertise of the lawyers. A better framing of how these long-standing issues in the criminal justice system have been exposed, exacerbated, or intensified by austerity would have been ideal, especially when such vulnerability in the system hints at the miscarriage of justice, which can be costly in the long run.

The book ends with a chapter on enacting criminal justice differently. The authors support the transfer of power in the justice system to Wales with the trajectory that this would dovetail into other public services, such as in the social, health and education sectors. Compelling reasons ensued, including the expected result of clearer and improved accountability, innovation and bringing justice closer to home. The authors also convincingly recommend that we ‘dismantle the notion of the criminal justice process as a battleground and instead to reconceptualise it as one of mutual support, where the state and individual are not at odds with each other’ (p.207). Additional recommendations include expanding not-for-profit defence organisations, introducing mandatory minimum salaries for trainee solicitors, incentivising the practice to curb advice deserts, providing funds to attend court hearings, and reversing court closures.

While these recommendations provide contemporary solutions to the existing criminal justice system in Wales, I would wish to see more elaborations of abolitionist perspectives. For instance, the need to divert people out of the criminal justice system and consider more financially sustainable solutions, such as restorative justice. Rather than demanding more money be funnelled into the criminal justice system, we should acknowledge and maximise the recommendation of non-criminal justice interventions. Indeed, this is the paradox with which the government must contend: given the lack of resources, we should use the criminal justice system less and focus on finding cheaper, proportionate and sustainable solutions that often sit outside such a system.

The authors duly acknowledge that probation and youth justice perspectives were missing from the narratives. Additionally, I feel that the perspectives of policymakers – who are also directly affected by the central direction of Whitehall – would have provided a more rounded view. No book can do it all, though, and the authors may explore these perspectives in their future work. Finally, I found the signposting to different chapters in various parts of the text to be excessive. While signposting is a great compass for readers, it tends to annoy impatient readers (like me!).

Without doubt, the book's main contribution to knowledge is the experiences of people within the criminal justice system in Wales during the time of austerity. Newman and Dehaghani were determined to give a voice to those who experienced the pains of the criminal justice system, and they have succeeded in doing so. There is a sense of their lives being changed – sometimes repeatedly in such a complex system – since austerity was introduced in 2010. This book is a must-read text for those who wish to understand how underfunding impacts key public services against a long-standing backdrop of poverty, marginalisation, exclusion and deprivation, all of which remain in our backyard despite our status as the sixth largest economy in the world.

刑事司法的经验:从威尔士对危机系统的观点d .纽曼,R.Dehaghani,布里斯托尔:布里斯托尔大学出版社,2023。270页。£80.00 (hbk);£26.99 (pbk);£26.99(-)。ISBN: 9781529214222;9781529214239;978152914246
从财政紧缩到英国脱欧再到新冠肺炎疫情,英国正面临一系列相互关联的危机。特别是在紧缩方面,国家卫生服务、地方政府和社会保障福利等公共服务受到了影响。甚至刑事司法系统也未能幸免于财政削减。然而,这些关键公共服务的贫困状况违背了英国目前是世界第六大经济体的逻辑(世界银行,2023年)。英国刑事司法系统的资金日益不足,正将其推向崩溃的边缘。事实上,我们所有的政客似乎都同意,这个体系正处于崩溃的边缘。然而,尚未解决的问题是,该体系是如何被推向这种状态的,以及代价是什么?刑事司法制度是否仍然履行其维持法律和秩序并确保罪犯和受害者得到正义的目的?从本质上讲,这些都是丹尼尔·纽曼和罗克珊娜·德哈哈尼在他们的新书《刑事司法的经验:从威尔士的角度看危机中的制度》中所探讨的困境。他们的发现——在威尔士刑事司法系统的背景下——阐明了紧缩是如何破坏个人的社会安全网的,以及在刑事司法系统的背景下存在的问题是如何使他们的经历复杂化的。这本书的内容一再让我想起卡利尼科斯(2012)的观察:那些策划了资产泡沫或从资产泡沫中获利的人,不会承受由此产生的紧缩政策的冲击;相反,工人和穷人知道。实施紧缩,刑事司法的经验是纽曼和德哈哈尼在2018年和2019年进行的定性研究的结果。这项研究涉及69名参与者,他们报告了自己在刑事司法系统危机中的经历。这些发现是在协调一致的努力中提出的,以支持那些被制度化的国家实践边缘化的人的声音和经历。纽曼和德哈格尼在他们的第一章中从地理和文化的角度为威尔士的独特性提出了一个令人信服的案例。作者还提醒我们,威尔士人因贫困、社会劣势和边缘化而经历的不平等现象正在缓慢加剧,所有这些都进一步支持了最新的统计数据:与英格兰、苏格兰和北爱尔兰相比,威尔士生活在相对收入贫困中的个人人数最多(23%)(威尔士政府,2021年)。尽管有这些特质,威尔士在刑事司法系统中仍然被视为英格兰的沉默伙伴,尽管这个国家的权力下放,但对这个系统的权力仍然集中。公平诉诸司法是健康的国家与公民关系的特征。然而,随着第二章的进展,纽曼和德哈哈尼提供了千变万化的观点,说明这种关系是如何日益受到损害的,主要是通过削减刑事法律援助和刑事辩护工作的低费用所表现出来的国家结构的倒退。因此,作者引用了以下后果:皇家检察署(CPS)的劳动力减少了三分之一,这迫使使用律师助理和警察来构建起诉案件;提供刑事法律援助的公司数量减少;以及被告方对案件管理的强制要求。这些转变表明,威尔士刑事司法系统更具管理主义和惩罚性的心态,使个人更容易受到伤害。从作者的证据来看,刑事司法系统的平衡无疑进一步倾向于Packer(1964)的犯罪控制模型:一个有效的系统优先于个人权利和自由。所有这些问题都使人们对刑事司法系统的未来,特别是对威尔士公共资助的刑事辩护的未来产生了怀疑。Newman和Dehaghani在接下来的五章中讨论了这些问题。例如,在第三章中,作者描述了一些曾担任法律从业人员的研究参与者如何因其低工资而玷污了社会议程和为公众服务的职业的效力。从本质上讲,正是这种制度迫使他们去从事更有利可图的法律行业。与此同时,由于机会不足、社会和经济上的剥夺以及对警察的负面看法,最终导致作者采访的被告及其家属普遍缺乏信任。此外,12475英镑的低法律援助门槛使人们无法获得他们应得的法律援助。因此,这影响了案件准备的质量,最终损害了这些个人的正义,作者在第5章中进一步探讨了这一点。事实上,不公正的主题将在下一章继续。纽曼和德哈格尼认为,邻近程度在威尔士很重要。 书中使用了一些发人深省的例子,这些例子一直伴随着我这个读者。一个例子是,由于南威尔士法院关闭,被告没有受到当地人民的审判。正如作者所描述的那样,法院的关闭消除了当地的正义感,并进一步引发了人们对刑事司法系统的不信任。另一个故事围绕着前往最近的法院的困难,特别是如果被告已经经历了经济困难。此外,威尔士没有关押妇女的监狱,这迫使女性罪犯被转移到位于英格兰的伊斯特伍德公园监狱和斯泰尔监狱,使她们无法接受子女和家人的探视。第6章和第7章探讨了法律从业者与刑事司法系统的关系,以及被告的家庭成员如何感到他们被律师辜负了。虽然参与者的叙述很有见地,但我发现自己在质疑这些章节中的数据,特别是问自己:这些数据与紧缩有什么关系?正如作者所承认的那样:“……资金不足并不是影响律师与客户关系的唯一因素”(第163页)。其他因素包括律师对客户有罪的假设如何破坏了他们的信任,以及过程中的同理心和公正性如何胜过律师的法律专业知识。理想的情况是,对刑事司法系统中这些长期存在的问题是如何因紧缩政策而暴露、恶化或加剧的,尤其是当系统中的这种脆弱性暗示着司法不公时,这可能会造成长期的代价高昂。这本书的最后一章讲的是不同的刑事司法。作者支持将司法系统的权力转移到威尔士,并将其纳入其他公共服务部门,如社会、卫生和教育部门。随之而来的是令人信服的理由,包括更明确和更完善的问责制、创新和使司法更贴近家庭的预期结果。作者还令人信服地建议我们“废除刑事司法程序作为战场的概念,而是将其重新定义为一个相互支持的过程,在这个过程中,国家和个人之间并不存在分歧”(第207页)。其他建议包括扩大非营利性辩护组织,为实习律师引入强制性最低工资,鼓励这种做法,以遏制拒绝提供建议,为参加法庭听证会提供资金,以及扭转法院关闭的局面。虽然这些建议为威尔士现有的刑事司法制度提供了当代的解决办法,但我希望看到更多的废奴主义观点的阐述。例如,需要将人们从刑事司法系统中转移出来,并考虑经济上更可持续的解决办法,例如恢复性司法。我们不应要求向刑事司法系统投入更多资金,而应承认并最大限度地采纳非刑事司法干预措施的建议。事实上,这是政府必须面对的悖论:鉴于资源匮乏,我们应该减少刑事司法系统的使用,而把重点放在寻找成本更低、比例更合理、可持续的解决方案上,而这些解决方案往往游离于刑事司法系统之外。作者恰当地承认,在叙述中缺少缓刑和青少年司法的视角。此外,我觉得决策者的观点——他们也直接受到白厅中心方向的影响——本可以提供更全面的观点。然而,没有一本书能做到这一切,作者可能会在未来的工作中探索这些观点。最后,我发现在文本的各个部分的不同章节的路标过多。虽然路标对读者来说是一个很好的指南针,但它往往会惹恼不耐烦的读者(比如我!)。毫无疑问,这本书对知识的主要贡献是在紧缩时期威尔士刑事司法系统内的人们的经验。纽曼和德哈哈尼决心为那些经历过刑事司法系统痛苦的人发声,他们已经成功地做到了这一点。自2010年实行紧缩政策以来,他们的生活感觉正在发生变化——有时在如此复杂的体系中是反复发生的。对于那些希望了解资金不足如何在长期贫困、边缘化、排斥和剥夺的背景下影响关键公共服务的人来说,这本书是一本必读的文本,尽管我们是世界第六大经济体,但所有这些都仍然存在于我们的后院。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
2.30
自引率
0.00%
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41
期刊介绍: The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.
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