Howard Journal of Crime and Justice最新文献

{"title":"Old keys do not open new doors: Twenty years of restorative justice in Northern Ireland prisons: An insight into making it happen","authors":"David Eagleson","doi":"10.1111/hojo.12499","DOIUrl":"10.1111/hojo.12499","url":null,"abstract":"<p>This article outlines how restorative practices (RPs) were introduced into prisons in Northern Ireland (NI) over a period of 20 years. It explains the context of how this change was introduced, using real life case examples underpinned by an approach based on praxis (Freire, 1985; Schön, 1983). Through the synthesis of relevant theory and practice experience it identifies the barriers to bringing about effective and meaningful change to practice and ways of overcoming these at the micro, meso and macro level (Bronfenbrenner, 1979). The RIPPLE model is introduced as a means of successfully implementing and sustaining innovative and creative practice within a complex and potentially hostile environment. It is the success story of an accomplishment that has never been achieved before in any prison service.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"62 2","pages":"220-241"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47940399","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":"Anticipating prison face work: Dramaturgical risks anticipated by correctional officer recruits","authors":"Michael Adorjan,&nbsp;Rosemary Ricciardelli","doi":"10.1111/hojo.12497","DOIUrl":"10.1111/hojo.12497","url":null,"abstract":"<p>There is increasing recognition that correctional officers (COs) serve a crucial role in their work in relation to communications underpinning discretion, especially regarding interactions with prisoners. This article examines attitudes and perceptions among Canadian federal correctional officer recruits (CORs) regarding what they anticipate are the greatest challenges they will face as new COs. We examine these discussions through the framework of Goffman's dramaturgical model of face work, especially face work within the ‘total institution’ of prisons. Our findings centre on anticipated challenges of building rapport with prisoners, including the requirements to monitor one's demeanour and ‘face work’. Characterisations of prisoners as inherently manipulative factor into CO anticipations of interactional challenges. We also consider the role that ‘soft power’ has in facilitating CO-prisoner rapport and trust, which, we argue, ultimately undergirds opportunities in prisons to facilitate prisoner social change and successful community reintegration and desistance from crime.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"62 2","pages":"183-203"},"PeriodicalIF":0.0,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48928455","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":"Racial and ethnic disparities in sentencing: What do we know, and where should we go?","authors":"Ana Veiga,&nbsp;Jose Pina-Sánchez,&nbsp;Sam Lewis","doi":"10.1111/hojo.12496","DOIUrl":"10.1111/hojo.12496","url":null,"abstract":"<p>Strong evidence of racial and ethnic disparities has been documented in recent government-led reports, suggesting the presence of discrimination in sentencing, with Black and ethnic minority defendants being systematically sentenced more harshly than their white counterparts. However, we still do not know how these disparities come about as most of the sentencing research has relied on quantitative designs focused on documenting the problem, rather than exploring its causes. In this exploratory study we use qualitative interviews with criminal law barristers to explore the different mechanisms that may give rise to these disparities. From our interviews we identified two predominant causal mechanisms: the differential consideration of mitigating and aggravating factors and indirect discrimination arising from defendants’ socio-economic backgrounds and over-policing. Based on these findings, we suggest effective strategies such as explicitly listing social deprivation as a mitigating factor in the sentencing guidelines and increasing judicial diversity for redressing these disparities.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"62 2","pages":"167-182"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12496","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41330343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disrupting ‘healthy prisons’: Exploring the conceptual and experiential overlap between illness and imprisonment","authors":"Thomas Ugelvik,&nbsp;Rose Elizabeth Boyle,&nbsp;Yvonne Jewkes,&nbsp;Pernille Søderholm Nyvoll","doi":"10.1111/hojo.12498","DOIUrl":"10.1111/hojo.12498","url":null,"abstract":"<p>Our aim in this conceptual article is to theoretically reimagine the concept of ‘healthy prisons’ in a way that more thoroughly grounds it in the everyday experiences of prisoners. Our point of departure is the observation that there seems to be an intriguing conceptual and theoretical overlap between first-person oriented empirical studies of two spheres of human experience that are normally seen as separate: serious illness and imprisonment. Our analysis leads us to reimagine the term ‘healthy prisons’ in a way that increases its usefulness for anyone interested in making prisons healthier and more constructive and reinventive institutions.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"62 2","pages":"204-219"},"PeriodicalIF":0.0,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12498","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44171767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Do the reasons why people desist from crime vary by age, length of offending career or lifestyle factors?","authors":"Stephen Farrall,&nbsp;Joanna Shapland","doi":"10.1111/hojo.12494","DOIUrl":"10.1111/hojo.12494","url":null,"abstract":"<p>Research into desistance from crime has progressed enormously in the past three decades. Despite this tremendous growth, some issues remain unexplored. Among these is the extent to which the reasons why people stop offending might vary by the age at which they stop, and their previous lifestyles. Herein we explore the extent to which the reasons why people desist are associated with their age, and the length and nature of their criminal career. We find that there are no particular associations between the reasons for their desistance and any of these variables, though social context is important. So particular social contexts are seen by those desisting as key to their wish to desist, but they may occur at different ages and it is when they are salient to that individual that they promote action. We close by discussing why this might be the case and the ramifications for theories of desistance.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"61 4","pages":"519-539"},"PeriodicalIF":0.0,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12494","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41471495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Women who die in custody: What Australian coroners’ reports tell us","authors":"Tamara Walsh","doi":"10.1111/hojo.12495","DOIUrl":"10.1111/hojo.12495","url":null,"abstract":"<p>Women's deaths in custody remain under-researched around the world. This article reports on a large-scale study on deaths in custody conducted in Australia that involved an analysis of 736 coroners’ inquest reports dated between 1991 and 2020. Women were substantially under-represented among this sample, comprising less than 5% of all deaths, but half of the women were Indigenous. While most of the women had a range of individual risk factors in common – such as a history of victimisation, mental illness and drug and alcohol use – the Indigenous women also experienced systemic racism from their custodians and the medical personnel to whom they were referred for treatment. While most coroners focused primarily on the cause of death, some made recommendations directed at addressing unconscious bias. This research supports calls for alternatives to detention for women and the decriminalisation of racialised offences such as public intoxication.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"61 4","pages":"540-555"},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12495","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43424402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Using techniques of neutralisation to maintain contact: The experiences of loved ones supporting remand prisoners","authors":"Isla Masson,&nbsp;Natalie Booth","doi":"10.1111/hojo.12489","DOIUrl":"10.1111/hojo.12489","url":null,"abstract":"<p>This article proposes that loved ones supporting prisoners with experience of remand in England and Wales may use Sykes &amp; Matza's (1957) ‘techniques of neutralization’ by proxy. Adopting neutralisations may enable those in prison to be viewed not as those who have harmed, or bad people, but as those who themselves have been harmed. Potential benefits of these techniques are twofold: they help to reject stigma; and explain and enable continued contact. This framework may be a useful basis for work exploring familial contact and support for those affected by imprisonment.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"61 4","pages":"463-483"},"PeriodicalIF":0.0,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12489","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47390023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Improving interagency collaboration, innovation and learning in criminal justice systems: supporting offender rehabilitation. S. Hean, B. Johnsen, A. Kajamaa & L. Kloetzer (Eds.) Cham, Switzerland: Palgrave Macmillan/Springer Nature Switzerland AG. 2021. 475pp. €53.49 (hbk); €42.79 (pbk) ISBN: 978-3-030-70660-9; 978-3-030-70663-0; open access ISBN: 978-3-030-70661-6 (ebk)","authors":"Vivian Geiran","doi":"10.1111/hojo.12491","DOIUrl":"10.1111/hojo.12491","url":null,"abstract":"<p>Although by no means a ‘given’, in terms of implementation in practice, good multidisciplinary working and interagency co-operation have always been critically important as goals to be achieved by criminal justice organisations and the other systems with which they interact. Such co-operation is especially important if positive client outcomes are to be maximised. In more recent times, such themes and issues have achieved more prominence, as governments, their ministries and agencies have striven to ensure more ‘joined-up’ working between the criminal justice system and the health and social service sectors, to drive greater effectiveness and efficiency. Consideration of interagency co-operation though, is often set against a backdrop of frustration expressed by various players and stakeholders regarding the perceived and real barriers to productive collaboration.</p><p>These barriers are frequently evidenced in so-called ‘siloed’ working and thinking, where individual organisations and agencies – and those working in them – can sometimes appear to be more concerned with preserving and protecting their own interests and resources, as opposed to ‘putting the person/client at the centre of concerns’. To begin with, interagency co-operation can be a challenge even within and among the various criminal justice agencies themselves; however such challenges are often magnified and more difficult to resolve in relation to how the penal system, for example, collaborates with health and social services more widely. And just to add to these challenges, it can be difficult, if not impossible, for those involved to ‘get under the bonnet’ of interagency relationships, so as to better understand and thereby improve them. The present publication goes some way to exploring and explaining these challenges and demystifying many of the issues involved.</p><p>As referenced in one of the papers in this book, interagency and multidisciplinary collaboration is ‘a fuzzy concept’ (p.258), which can lead to lack of mutual understanding, language and goals, not to mention a lack of shared analysis of appropriate processes and ways to improve them. This general lack of understanding in common can militate, in conjunction with a range of other factors, against the ready or easy application of such co-operation in practice, even <i>with</i> the best intentions of those involved.</p><p>Fieldwork for the studies in question was undertaken in Norway, Finland and the United Kingdom. The 17 chapters are each written by between two and seven co-authors, drawn mostly from a range of academic and research backgrounds, as well as a number of individuals who might describe themselves as ‘practitioners’, representing a total of 35 distinct contributors. In that context, the editors and contributors have achieved a consistency of approach and presentation throughout the volume, which is to be applauded. Following an introductory ‘setting the scene’ chapter by the editors, the substanti","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"61 3","pages":"399-401"},"PeriodicalIF":0.0,"publicationDate":"2022-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12491","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42354024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sentencing: A social process re-thinking research and policy C. Tata, Cham, Switzerland: Palgrave Macmillan. 2020. 177pp. €58.84 (hbk); €46.00 (ebk) IBSN: 978-3-030-01059-1; 978-3-030-01060-7","authors":"Harriet Burgess","doi":"10.1111/hojo.12492","DOIUrl":"10.1111/hojo.12492","url":null,"abstract":"<p>Tata's <i>Sentencing: A social process re-thinking research and policy</i> argues that far from being a mere technical exercise, sentencing is a culturally reflective process, offering emotional resolution and a democratic function to the public – it allows us to discuss what we all view as legitimate levels of punishment.</p><p>His central thesis is that sentencing is a social process comprising of three key ideas: it is interpretive, ‘a collaborative process of sense-making’ (p.6), processual, a ‘collaborative activity among a range of professionals signalling meanings to each other’ (p.6), and performative (p.8).</p><p>Tata skilfully addresses the supposed conflict between the ‘two giants of sentencing thought’, the legal-rational tradition and the judicial-defensive tradition (p.14). This debate is commonly referred to as the debate between consistency in sentencing (e.g., in the form of guidelines) and judicial discretion.</p><p>He draws on scholarship from the 1960s onwards which called for sentencing reforms to structure decision making: Frankel (<span>1972</span>), for example, castigated the lawless state of sentencing in America, calling discretionary sentencing practices a ‘wasteland of law’ (p.16). Highly discretionary practices lead to unjustifiable inequalities at sentencing stage, including the race or ethnicity of the defendant (Hood, <span>1992</span>).</p><p>Opposing legal-rationalism in sentencing is the judicial-defensive tradition, sometimes referred to as individualised sentencing: the idea that each case turns on its own facts, and a sentence should be tailored to the offence but also the offender. Tata cites a volume of academic work that supports the judicial-defensive view. The literature charts a move away from welfare-oriented ideas and individualisation to new risk and managerial logics, and a dehumanised and mechanistic approach to sentencing: Tata calls this the ‘criminological warnings about the drift into a managerialist dystopia’ (p.19).</p><p>Tata sets out in his view that the two traditions share the same underlying assumption of liberalism – the belief in the rights of the individual, equality before the law and the consent of the governed. He highlights that discretion only exists because the law <i>permits</i> discretion, drawing on Dworkin's doughnut analogy (p.27): ‘Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction …’ (Dworkin, <span>2013</span>, p.48). Foucault's (<span>1977</span>) work on power is relied upon, wherein he states that power is dispersed more simply than the commands of the state, it is ‘diffused in a range of subtle, capillary, micro-relations’ (p.28).</p><p>In abstract discourse, law and discretion are opposite forces, however, Tata argues in Chapter 3 that in practice these concepts are exercised simultaneously. In decrying their helplessness and lamenting the law's harsh results, individual judges are themselves ","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"61 3","pages":"401-404"},"PeriodicalIF":0.0,"publicationDate":"2022-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12492","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48385923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Brazilian prisons in times of mass incarceration: Ambivalent transformations","authors":"Luiz Dal Santo","doi":"10.1111/hojo.12493","DOIUrl":"10.1111/hojo.12493","url":null,"abstract":"<p>Most of the scholarship on the ‘punitive turn’ has claimed that there have been two main trends in punishment since the 1970s: the rise of incarceration rates (quantitative dimension) and the worsening of prison conditions (qualitative dimension). Scholars argue that, in parallel with the rise of mass incarceration, there has been a fall of the rehabilitative ideal. In this view, prisons in core countries have basically operated as a warehouse, working towards neutralisation and incapacitation. Both trends are also viewed as reflecting a global convergence of penal policies. The analysis of the Brazilian case challenges this supposed universality. Drawing on official prison data, reports from non-governmental organisations, and secondary data, I argue that mass incarceration has not been accompanied by the same qualitative changes to prisons in ‘Western countries’ and Brazil. First, features of the so-called warehouse prison, such as low levels of prison activities, have always been present in Brazilian prisons, and are not an effect of mass incarceration. Furthermore, the consequences of mass incarceration in Brazilian prisons have, in fact, been ambivalent and, in some cases, may have alleviated inmates’ suffering, rather than intensifying experiences of confinement. Finally, instead of neutralising and controlling criminals, Brazilian prisons under mass incarceration have contributed to the emergence, empowerment, recruitment and organisation of gangs, whose powers now transcend the physical barriers of prison walls.</p>","PeriodicalId":37514,"journal":{"name":"Howard Journal of Crime and Justice","volume":"61 4","pages":"502-518"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/hojo.12493","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46405135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}