What is Justice? Working papers

Post-YOT Youth Justice – Working paper 19/2015

Ben Byrne and Kathryn Brooks, Surrey Youth Support Service

Abstract: This paper looks at the potential to develop a post-Youth Offending Team (YOT) strategy to deliver a child-centred response to children and young people who offend. The authors draw upon practice experience from Surrey’s Youth Support Service, placing this in the context of national developments in youth justice and integrated support for young people. The authors argue that the underpinning architecture of New Labour’s youth justice is now under threat and a range of competing possibilities exist for what will replace it. The paper provides detail of Surrey’s departure from orthodox YOT arrangements and describes the development of an informalised, restorative, and integrated response to supporting young people who have offended. Central to this approach is the organising theme of participation for vulnerable and socially excluded young people and the move away from reliance upon discrete services for ‘offenders’.

Underpinning these developments is a theoretical perspective which views authentic relationships as the dynamo for change. This is contrasted with prevailing YOT models, which rely heavily upon specialist referrals and expert ‘fixes’. The opportunities identified in this paper are heavily mediated by local factors, which have the potential to lead to significantly differentiated responses to youth offending between local authorities across England, with no guarantee that developments in all places will be positive for young people in contact with the youth justice system.

Balancing positive engagement and transparent risk analysis with volatile youth: Introducing the Tightrope Tool – Working paper 18/2015

Dr Roberta Evans

Abstract: This paper presents a tool that encourages the engagement of the young person in the analysis of their risks, strengths and needs and in the planning of actions based on a balanced and transparent holistic assessment. It will introduce the analogy of the Tightrope, outline how it fits with current assessment frameworks to support an integrated approach and considers the role of the practitioner to apply a person-centred, strength-based approach with the tool. This paper will outline why an integrated and interactive holistic tool for volatile youth would be of benefit to both young people and professionals from various disciplines and concludes with an invitation to experienced practitioners to trial the tool in wider practice.

Re-considering youth justice in the context of radical moral communitarianism – Working paper 16/2015

Roger Hopkins Burke, Nottingham Trent University

Abstract: The New Labour social policy and criminal justice agenda between 1997 and 2010 was influenced by a communitarian philosophy that had come to prominence in the USA during the 1980s, which proposed that individual rights as promoted by traditional liberals needed to be balanced with social responsibilities (Etzioni 1995a, 1995b). Nowhere was this influence more apparent than in the flagship criminal justice legislation, the Crime and Disorder Act 1998, the creation of the contemporary youth justice system (the Youth Justice Board and Youth Offending Teams) and the mantra of Prime Minister Tony Blair ‘tough on crime, tough on the causes of crime’. Thus, young people who offend should take responsibility for their actions while, at the same time, the new system should seek to ameliorate the personal and social conditions that had impacted negatively on their behaviour. Critics of the pragmatic implementation of these communitarian policies were to nevertheless observe an authoritarian overemphasis on the responsibilities of individuals, to the detriment of their rights, and this was to become readily apparent to critics of a youth justice system which had absorbed an increasing number of young people into its ever widening net (Hopkins Burke, 2008). This paper briefly considers the notion of communitarianism, its influence on the contemporary youth justice system and contemplates the implications for that system and young people by the adoption of policies based on the notion of radical moral communitarianism (Hopkins Burke, 2014a, 2014b), with its notions of consensual interdependency, a fair and (more) equal division of labour and an appropriate balance between the rights and responsibilities of all citizens in society.

Democratic futures: Crowdsourcing incident data – Working paper 15/2014

Alistair Sackley, Communities, Hampshire County Council

Abstract: Recent developments in repeat victimisation research include the identification of high risk targets who share similar characteristics to previous victims. This is known as near repeat victimisation or near repeats. The concept of ‘nearness’ can apply to similar targets encountered in similar circumstances. The result is that the study of repeat victimisation is beginning to merge with other areas of crime concentration. The key issue is the similarity of crimes. A range of research suggests the importance of repeat victimisation for crime prevention is that it provides useful information about the where, when and what, because crimes tend to happen against the same or similar targets, and because, if it is known how the crime happened previously, it can also be known how to prevent its recurrence. Therefore, the question to ask is no longer whether repeat victimisation is relevant to crime reduction, but rather how the mechanisms and contexts that are most helpful in achieving the greatest reduction can be identified. This paper offers a discussion that looks to address and manage crime democratically in real-world contexts based on experience with Hampshire Constabulary and suggests a Web Science perspective to pick apart the ramifications.

Industry participation in the correctional mandate in Japan: The case of the Shin-Kurushima Dockyard – Working paper 13/2014

Bunji Sawanobori, Professor of Constitutional Law, Nanzan University, Japan

Abstract: The Shin-Kurushima Dockyard is a working shipyard in Ehime prefecture, Japan, which has offered vocational training and experience free of charge to prisoners from Matsuyama prison for over 50 years. It also offers accommodation on the same premises, again free of charge. Prisoners who live and work at the Dockyard are normally granted early release from imprisonment, at about sixty per cent completion of their sentence on average, and their recidivism rate is low in comparison with Japan’s average: zero per cent for the last 5 years and 15 per cent for about 30 years from its establishment in 1961 until 1992. This paper explores the participation of the Shin-Kurushima Dockyard in the Japanese criminal justice system, looking at the origins of the project, the dynamics between the prisoners and the local community, and the way that the prisoners live in comparison with mainstream Japanese prisons. The paper also compares statistics on the parole and recidivism rates of Dockyard prisoners with mainstream prisoners. The paper concludes with the observation that access to meaningful work and being treated with dignity and respect have been key to the success of the Shin-Kurushima Dockyard in the criminal justice system.

Driving penal reform – Working paper 12/2014

Mary Rogan, Head of Law and Assistant Head of the School of Languages, Law and Society, Dublin Institute of Technology, Chairperson of the Irish Penal Reform Trust

Abstract: For organisations and individuals involved in penal reform, influencing policy can be frustrating, slow and enigmatic. Models of penal change can provide guidance regarding the drivers of and influences on penal policy, and analysing the policy process can offer both theoretical insights and practical lessons for penal reform groups. This paper seeks to add to the growing literature on policymaking by exploring the example of the Republic of Ireland, which is in the process of changing its penal policy from one which prioritised penal expansion to one which advocates a decarceration strategy. The particular experience of Ireland since 2011 indicates a number of learning points for penal reformers, including the importance of grasping the opportunity presented by a change of government, establishing links with all parties, and, in some cases, providing a research function for politicians in order to create the best chance of having policy positions included in political commitments. The paper also explores the influence of international and domestic mechanisms for the protection of human rights on penal change, as well as the actions of senior prison officials. The case of Ireland shows that policies emphasising penal expansionism can be reversed through a combination of a favourable, or at least distracted, political culture, energetic individuals, and NGOs willing to work constructively with policymakers.

Effective participation or passive acceptance: How can defendants participate more effectively in the court process? – Working paper 9/2014

Amy Kirby, Jessica Jacobson and Gillian Hunter, Institute for Criminal Policy Research, Birkbeck, University of London

Abstract: This paper presents the findings of a 20 month Economic and Social Research Council funded study into the public’s experiences of the Crown Court. The aim of the study was to examine victims’, witnesses’ and defendants’ (court users’) levels of understanding and perceptions of the treatment they received at the Crown Court, and to assess the extent to which they regard court processes and outcomes as fair and legitimate. The study also explored the nature of the interplay between the different players – including legal professionals and court users – in the courtroom. There were three strands to the research: interviews with criminal justice professionals and practitioners, interviews with court users and observations. A key finding that emerged through the research was the apparent limit of defendants’ ‘effective participation’ at court. This issue is the focus of the paper.

The [re]settlement of women prisoners in Northern Ireland: From rhetoric to reality – Working paper 8/2014

Jacqueline Kerr, University of Ulster

Abstract: Penal practices in Northern Ireland are fashioned around the legacy of civil unrest and the imprisonment of politically affiliated prisoners. Women represent a small percentage of the prison population, and most are sentenced for minor ‘offences’, including non-payment of fines. Women exiting prison share histories of severe social exclusion and complex unmet needs in relation to housing, employment, income, education, training, and mental and physical health. Recently, the introduction of a strategy for the management of women who offend, gender specific standards for working with women prisoners and the establishment of the probation-led Inspire Women’s Project, have marked an acknowledgement of women’s penality by the Department of Justice. This paper draws upon primary qualitative research data on women’s resettlement experience in Northern Ireland to consider the correlation between gender responsive measures and the increasing criminalisation and imprisonment of severely disadvantaged and marginalised women. It explores the failure of gender responsive initiatives to reduce the Northern Ireland female prison population, it examines professional discourse which privileges the responsibilisation of women and the language of choice and reflects upon the up-tariffing of women on the basis of their unmet need rather than the seriousness of their offending.

The ‘Great Recession’ and criminal justice: The value of scarcity? – Working paper 7/2014

José Ángel Brandariz García and David Castro Liñares, University of A Coruña, Spain

Abstract: The paper takes as its starting point that what has been termed the ‘Great Recession’ signifies the beginning of a new phase, with significant implications for the field of crime and punishment. Over the last few decades, market rationale as an organising principle has penetrated criminal justice public policies. However, there has been a tendency to overlook the economic principle of resource scarcity, and the recent evolution of the penal system in many jurisdictions appears to be characterised by an expansion which took for granted the unlimited elasticity of public resources. The paper looks at the cases of Spain and the United States, both countries that have seen recent contractions in their penal systems, and suggests that the economic crisis has led to the penetration within the criminal justice system of the concept of scarcity. The paper concludes with a suggestion to examine in depth the reasons underlying the change of tendency in the US case, in order to encourage a similar reduction in other jurisdictions.

Judged by peers? The diversity of lay magistrates in England and Wales – Working paper 6/2014

Penelope Gibbs, Transform Justice, and Amy Kirby, Birkbeck, University of London

Abstract: The criminal justice system of England and Wales relies heavily on members of the public – ‘lay participants’ – in administering justice. The roots of lay participation lie in the notion of participatory democracy, specifically ‘judgement by one’s peers’ (Sanders, 2002; Crawford, 2004; Gibson and Cavadino, 2008). The use of juries and lay magistrates offers an inclusive form of justice involving people without legal education passing judgement on fellow members of society. Any member of the public aged between 18 and 65 can apply to become a lay magistrate, and as Crawford (2004) has highlighted, it is important that lay participants in criminal justice adequately reflect the communities which they serve. This paper questions the representativeness of lay magistrates in their locality, through analysing existing evidence on the lay magistracy’s composition and linking that to trends in the recruitment of magistrates. The paper argues that lay magistrates are in some ways less diverse than they were at the turn of the century; being older, less representative of England and Wales’ BAME population and possibly more middle class.

Justice and prisoners’ families – Working paper 5/2014

Anna Kotova, University of Oxford

Abstract: Previous research has shown that prisoners’ families in the UK are greatly affected by imprisonment: financially, socially, emotionally and practically. Despite an ever-growing body of literature, however, the topic of prisoners’ families has not yet become one of the key themes in criminology and the sociology of punishment. Criminal justice policy has also failed to engage with the needs of prisoners’ families, with criminal justice discourse being largely focused on justice as defined by punishments and deserts. Building on the concept of social justice, this paper argues that a broader understanding of justice within criminal justice is sorely needed if social justice is to be achieved for prisoners’ families. It then discusses four types of injustices that are highlighted by thinking of prisoners’ families through a social justice lens. It concludes that to do justice for prisoners’ families, there is a need to broaden the meaning of justice in criminal justice, and discuss social justice and the collateral consequences of imprisonment.

Imagining penal policy for women: The case for Women’s Community Services – Working paper 4/2014

Polly Radcliffe and Gillian Hunter

Abstract: The Women’s Community Services (WCSs) established in 2009 in England and Wales were based on the model of one-stop-shop, women-only provision endorsed by the 2007 Corston report. In this paper we discuss the development of WCSs as part of a governmental/voluntary sector initiative that was arguably an attempt to re-imagine penal policy for women offenders in the community, and explore themes emerging from interviews carried out with 30 women attending six WCSs between April 2011–2012. We argue that WCSs have filled a gap in provision for low risk women offenders by providing a range of social capital opportunities that are not available in mainstream, mixed-gender community punishment provision. We highlight the gendered processes of desistance; the understanding of which, we argue, is vital in making provision for women offenders in the new contracting landscape.

Driving penal reform – Working paper 12/2014

Mary Rogan, Head of Law and Assistant Head of the School of Languages, Law and Society, Dublin Institute of Technology, Chairperson of the Irish Penal Reform Trust

For organisations and individuals involved in penal reform, influencing policy can be frustrating, slow and enigmatic. Models of penal change can provide guidance regarding the drivers of and influences on penal policy, and analysing the policy process can offer both theoretical insights and practical lessons for penal reform groups. This paper seeks to add to the growing literature on policymaking by exploring the example of the Republic of Ireland, which is in the process of changing its penal policy from one which prioritised penal expansion to one which advocates a decarceration strategy. The particular experience of Ireland since 2011 indicates a number of learning points for penal reformers, including the importance of grasping the opportunity presented by a change of government, establishing links with all parties, and, in some cases, providing a research function for politicians in order to create the best chance of having policy positions included in political commitments. The paper also explores the influence of international and domestic mechanisms for the protection of human rights on penal change, as well as the actions of senior prison officials. The case of Ireland shows that policies emphasising penal expansionism can be reversed through a combination of a favourable, or at least distracted, political culture, energetic individuals, and NGOs willing to work constructively with policymakers.

Revising Wolff’s support for retribution as a justification for punishment: desistance, rehabilitation and restoring the status of victim and offender – Working paper 1/2014

John Deering and Steven R. Smith, University of South Wales

Abstract: The philosopher Jonathan Wolff has recently supported retribution as a justification for punishment in his book Ethics and Public Policy: A Philosophical Enquiry (EPP). His main argument is that the victim’s status and self-respect has been undermined by a crime committed against her, and the offender, in the process, is effectively stating he is above the law and societal norms and that he has no regard for the victim. Punishment is therefore responding to both these social violations and acts as a communicative mechanism to both offender and victim, restoring the status of the latter by punishing the former. This paper defends Wolff’s main idea supporting retribution, in certain clearly defined cases, but his position needs supplementing. First, when examining the practice of the criminal justice system, we claim that punishment is a necessary but not sufficient condition for restoring the status of the victim. Secondly, any re-balancing of status should occur, not only between the offender and the victim, but also between the offender and wider society – the latter acknowledging the social responsibility of ensuring that marginalised members of society (including many offenders) are not socially excluded, and so are helped or assisted in becoming socially included. We further argue that this latter outcome is best achieved via a process of desistance, which assumes that although individuals have an idiosyncratic journey to becoming a ‘non-offender’, all involve developing socio-economic capital that the individual does not want to place in jeopardy by reoffending.