S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
{"title":"23. Criminal justice principles","authors":"S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams","doi":"10.1093/he/9780198835837.003.0023","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0023","url":null,"abstract":"This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124365711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"8. Hate crime","authors":"A. Nurse, M. Walters","doi":"10.1093/he/9780198835837.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0008","url":null,"abstract":"This chapter addresses hate crimes, which are complex, as these offences can be linked to both personal gain or even profit, as well as concepts such as ‘difference’ and ‘othering’. This area of criminology came about primarily because the civil rights movements in the US and the UK raised the profile of racist and (later) homophobic violence so that they became important political and social issues. The chapter looks at a range of different types of hate crime, including offences based on prejudice towards victims because of their disability, race or ethnicity, religion or beliefs, sexual orientation, and gender identity. It also identifies some of the factors that can affect these offences in ways that are not immediately obvious. These elements include the influence politicians can have, especially when using language that excludes minority groups and portrays them as a threat to the public or as somehow being ‘Other’ (different and arguably not to be trusted).","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130337632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Stephen Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
{"title":"9. Youth offending and youth justice","authors":"Stephen Case, P. Johnson, D. Manlow, Roger Smith, K. Williams","doi":"10.1093/he/9780198835837.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0009","url":null,"abstract":"This chapter describes youth offending and youth justice: that is, offending behaviour committed by children and young people and how they are treated in the Youth Justice System. Society’s assumptions about what it means to be a child and what should be expected of children and young people in terms of their development and behaviour shape its views on and responses to youth offending. The chapter then looks at how the concepts of ‘childhood’ and ‘youth’ have been seen, theorised, and socially constructed over time, before moving on to consider explanations for youth offending and ‘delinquency’. Youth offending has tended to be explained in individualised terms, through developmental and psychological explanations. The chapter also evaluates the main formal responses to youth offending and assesses more progressive, contemporary approaches to youth offending and delivering youth justice.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130422499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
{"title":"3. What is ‘justice’?","authors":"S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams","doi":"10.1093/he/9780198835837.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0003","url":null,"abstract":"This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127024088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. Case, P. Johnson, D. Manlow, Roger Smith, Kate Williams
{"title":"26. Crime prevention","authors":"S. Case, P. Johnson, D. Manlow, Roger Smith, Kate Williams","doi":"10.1093/he/9780198835837.003.0026","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0026","url":null,"abstract":"This chapter highlights crime prevention. Preventive strategies represent an approach that is less concerned with dispensing justice than with minimising the risk of crime being committed in the first place. Crime prevention strategies are thus based on a combination of assumptions about human motivations and research evidence about observed patterns of offending behaviour. The chapter then looks at the political and strategic factors that may influence decisions about which crimes to try to prevent. It considers perspectives on crime prevention focusing on potential offenders (in terms of deterrence and diversionary approaches), potential victims, and the idea of community safety and well-being. Finally, the chapter addresses some of the continuing and unresolved questions about the purported achievements and effectiveness of crime prevention strategies.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133379351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
{"title":"18. Critical criminology","authors":"S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams","doi":"10.1093/he/9780198835837.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0018","url":null,"abstract":"This chapter investigates critical criminology. The strands that are widely regarded as most important in the development of critical criminology are labelling perspectives, Marxist-inspired critical theories, power perspectives, and feminist perspectives. The ideas and insights contained within these theories inspired and prepared the ground for more recent developments in the field, including cultural criminology and convict criminology. Critical criminology not only suggests that we make small alterations to criminal justice systems; instead, it requires us to question everything we think we ‘know’ about these systems and the societies and communities in which we live. It questions how and why we control behaviour, looks at power from the perspective of the oppressed or the powerless, and suggests alternative narratives that should be part of our accepted knowledge base.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133994785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. Case, P. Johnson, D. Manlow, Roger Smith, Kate Williams
{"title":"2. What is ‘crime’?","authors":"S. Case, P. Johnson, D. Manlow, Roger Smith, Kate Williams","doi":"10.1093/he/9780198835837.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0002","url":null,"abstract":"This chapter discusses what crime is. No matter how universally its ideas and regulations are accepted, it is important to understand and not lose sight of the fact that crime is a social construct. Because crime is socially constructed, ideas of unacceptable and criminal behaviour alter across cultures and over time. Many suggest that what is known as the ‘harm principle’ might be the best standard by which we should decide whether an activity should be criminal. This principle holds that if conduct is not harmful to others it should not be criminal, even if others strongly dislike it. The chapter also looks at the concept of deviance and identifies: what kinds of activities are disapproved of (seen as deviant) and why; which of these are criminalised and why; what the criminal law may reveal about society and what matters to it.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132144837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Steven Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
{"title":"31. Critical perspectives on punishment","authors":"Steven Case, P. Johnson, D. Manlow, Roger Smith, K. Williams","doi":"10.1093/he/9780198835837.003.0031","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0031","url":null,"abstract":"This chapter details a range of perspectives which effectively question the underlying assumptions behind the concept of ‘punishment’. This represents a shift in emphasis from the system ‘as it is’ to a critical evaluation of its social and ideological foundations, along with some ideas about how it might be different if we follow through the implications of these critical arguments. The chapter explores ideas about the use of punishment as a vehicle for maintaining the dominance of particular interests within society, and using it to exert social control. Implicated in this is the suggestion that claims of legitimacy, fairness, and justice must be called into question, especially in light of the evidence of the unequal treatment of certain groups, such as members of the black and minority ethnic communities. Critical perspectives also invite us to consider why some forms of behaviour, such as corporate negligence and tax fraud, appear to be much less heavily penalised (if at all) than crimes more typically associated with other groups and communities, such as benefit fraud or drug offences.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133799007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
{"title":"24. Criminal justice institutions","authors":"S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams","doi":"10.1093/he/9780198835837.003.0024","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0024","url":null,"abstract":"This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126674133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"11. Gender and feminist criminology","authors":"Pamela Ugwudike","doi":"10.1093/he/9780198835837.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198835837.003.0011","url":null,"abstract":"This chapter focuses on criminological studies of gender, particularly women’s experiences as offenders and victims, and the extent to which women’s offending and victimisation are interlinked. It begins with an overview of how gender features in criminological studies then considers the origins and principles of feminist criminology, which is a strand of criminology that has heavily influenced criminological studies of gender and crime. The chapter also explores the main theoretical traditions within feminist criminology and the philosophical orientations that influence feminist research. This exploration includes the criticisms levelled against feminist criminology. Finally, the chapter examines how more recent strands of feminist thought have tried to respond to these criticisms.","PeriodicalId":355926,"journal":{"name":"The Oxford Textbook on Criminology","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128103201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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