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While the subject of populism receives increasing scholarly attention from both political scientists and criminologists, so far these two bodies of literature have existed mostly in isolation of each other. This paper aims to connect them by investigating whether parties that political scientists describe as populist are likely to evince positions on criminal justice that criminologists describe as populist. Relying on a secondary data analysis comparing mainstream right-wing and populist right-wing parties for 131 elections in 24 countries since 1973, this paper concludes that the populist right on average expresses slightly more support for penal populism than the mainstream right, but that its positioning is crucially shaped by considerations relating to issues of immigration and multiculturalism. These findings suggest that most contemporary populist parties on the right primarily pursue a nativist agenda and will only invoke penal populism when it fits this overall strategy. [ABSTRACT FROM AUTHOR]

The National Police Chiefs' Council (NPCC) position on Online Child Abuse Activist Groups (OCAGs), more commonly referred to as 'paedophile hunters', is that their motivation should be questioned since there is no positive advantage to policing. The problematic nature and inaccuracy of the term 'paedophile hunter' will be explored within this article, but the term is widely used in practice. Such activism increases risk to potential victims, the suspect and to the efficiency and effectiveness of criminal justice processes (NPCC, 2018). The Probation Service (PS) has no formal position regarding the activity. Yet public fascination with those convicted of sexual offences against children and the appetite for naming and shaming these individuals is not a new phenomenon. The rise in popularity of the internet and the surge in content available online is more recent, and so is the problem of threat exceeding capacity. But what are the views of practitioners on this issue? Using in-depth qualitative interviews with police and probation practitioners, this paper examines how 'paedophile hunting' activity has become a concept in the management of sexual offending in England and Wales, and for the first time, reveals the views and attitudes of professionals working on the front line. [ABSTRACT FROM AUTHOR]

There is a need to improve a) identification and monitoring of people with mental illness on probation and b) understanding of the impact of interventions on mental health outcomes for the probation population. If data were routinely collected using validated screening tools and shared between agencies, this could inform practice and commissioning decisions, and ultimately it could improve health outcomes for people under supervision. The literature was reviewed to identify brief screening tools and outcome measures that have been used in prevalence and outcome studies conducted with adults on probation in Europe. This paper shares findings from the UK-based studies in which 20 brief screening tools and measures were identified. Recommendations are made based on this literature regarding suitable tools for use in probation to routinely identify a need for contact with mental health and/or substance misuse services and to measure change in mental health outcomes. [ABSTRACT FROM AUTHOR]

Reform of probation services in England and Wales has been a frequent feature of its history, though the pace of review, restructuring and modification has increased exponentially in the last 30 years. This paper provides a brief history of changes to the National Probation Service since its inception in the Criminal Justice and Court Services Act 2000 to the recent announcements of the merger of prison and probation services into a new agency, Her Majesty's Prison and Probation Service. Commonalities are identified between the various programmes of reform instigated throughout the last 17 years, drawing on insights from Pollitt. The paper addresses the implications for the future of a public probation service in England and Wales after the National Offender Management Service (NOMS) ceased to exist in April 2017 and Her Majesty's Prison and Probation Service was inaugurated. [ABSTRACT FROM AUTHOR]

Despite a growing recognition of the intersectional relationship between homelessness and incarceration, we have a limited knowledge about housing policy and practice for people leaving custody and (ex)offender groups in the community. Addressing these gaps, this paper provides an overview of the main local housing authority statutory duties in the provision of housing support for prison leavers and (ex)offenders in England and Wales, and situates the issues with accessing accommodation within the wider context of austerity. The paper presents a case study that explores criminal justice practitioners’ experiences of working with local authority housing agencies. Stemming from 25 interviews with housing practitioners and criminal justice practitioners, the paper outlines the main challenges facing criminal justice agencies as they try to secure accommodation for homeless (ex)offenders and resettle them in the community. Finally, the paper concludes by raising critical questions about the housing options for this population, now and in the future. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to describe and evaluate, as a potential research template, a pan-European quantitative survey, the Eurobarometer on Experiencing Supervision (EES). The tool was developed and tested across eight jurisdictions in order to evaluate its accuracy and utility with regard to comparative research. In addition, the paper illustrates the type of data this tool can generate and how this data can be used to improve supervision practices around the world. In brief, EES covers eight core domains of supervision: supervision as a human service, offender’s perception regarding the supervisor, the relationship between the offender and the supervisor, supervision and practical help, supervision and compliance, breach practice, supervision and rehabilitation and the offender’s involvement and participation. Overall, the tool is considered useful and promising. However, further research is required in order to demonstrate its full potential. [ABSTRACT FROM AUTHOR]

The process of transitioning from custody to the community can be a time of increased risk of reoffending and heightened anxiety brought on by uncertainty of future plans and unfamiliarity of new surroundings. This period can be particularly problematic for those experiencing complex needs or suffering with mental health difficulties. To address this concern, the Offender Personality Disorder Pathway (OPDP) in Wales established a Transitional Support Liaison service. This pilot service began with a focus on women's criminal justice journeys, and evident benefits led to service expansion to additionally address men's transitions to the community through Approved Premises. This practice note outlines the learning from these services, presenting a model of service delivery that can be adopted and expanded more widely. The paper concludes with recommendations and plans for service expansion. [ABSTRACT FROM AUTHOR]

This article discusses the involvement in the New South Wales criminal justice system of a cohort of children in out-of-home care. The paper reports the findings of a four-year research project that investigated the relationship between the child welfare and justice systems as experienced by a cohort of children in the New South Wales Children's Court criminal jurisdiction. Analysis of 160 case files identified that children in out-of-home care appeared before the Children's Court on criminal charges at disproportionate rates compared to children who were not in out-of-home care. The out-of-home care cohort had a different and negative experience of the justice system, entering it at a significantly younger age and being more likely to experience custodial remand, than children who had not been in out-ofhome care. While both cohorts shared many of the risk factors common to young offenders appearing before the Children's Court, the out-of-home care cohort experienced significant additional disadvantage within the care environment ('care-criminalisation'), such that living arrangements designed to protect them from harm instead created the environment for offending. The paper concludes by arguing that a paucity of research exists regarding the drivers and dynamics of care-criminalisation and that more research is needed to explore the criminogenic impacts of a childhood spent in out-of-home care. [ABSTRACT FROM AUTHOR]

This UK study is about perceptions and constructions of male rape among police officers and agency practitioners. This paper seeks to particularly understand and explain the relationship between vulnerability and male sexual victimisation in the UK. It employs gender and sexualities frameworks to elucidate the connection between vulnerability and male rape, offering primary data (N=70). The data consist of police officers and voluntary agency practitioners. I aim to make sense of male rape discourse through the participants' voices since they intimately serve male rape victims/offenders on a one-to-one basis. Because of the lack of male rape research specifically looking at this nuanced area that I seek to explore, this paper will attempt to open up a dialogue regarding male rape not only in an academic context but also in a policy and practice context. This paper also offers suggestions for policy and practice to better deal with male rape victims and to tackle gender inequality and injustice both in a social and criminal justice context. Ultimately, I argue that male rape is often mistakenly considered as a 'homosexual issue', so gay and bisexual men who have been raped are regarded as unmasculine or, in other words, not 'real' men. Myths and misconceptions of male rape have serious implications for the way societies, the criminal justice system and the voluntary sector view and treat these victims. [ABSTRACT FROM AUTHOR]

Despite a recent increase in restorative justice practice in the criminal justice system, to date there has been no in-depth consideration of the impact of gender in these settings. This paper presents findings from a unique qualitative study on female offenders’ experiences of restorative conferencing in England and Wales, drawing on interviews with practitioners who have worked with female cases, as well as with women who have gone through a restorative justice conference in a perpetrator capacity. Gender-specific factors, suggested to be especially valuable for practitioners to consider when delivering effective and ethical restorative conferences with female offenders, are outlined. [ABSTRACT FROM AUTHOR]

This article provides a nuanced exploration of the implications of EU criminal justice cooperation, particularly within French probation and judicial services. Focusing on EU Framework Decisions 2008/947/JAI and 2009/829/JAI, the article delves into their impact and adaptation in France, offering insights into challenges, adaptations, and practical considerations from the French standpoint. The article contextualises the implications of EU Framework Decisions by integrating valuable insights from the French probation and judicial services. Statistical data and case analyses illustrate practical challenges and applications within the French criminal justice landscape. The article highlights specific challenges faced within the French criminal justice system, such as prison overcrowding and the treatment of foreign nationals. It emphasises enhanced communication, trust, and collaboration among stakeholders within the European criminal justice system. Addressing the adaptation of EU Framework Decisions in France, the article navigates the complexities involved in aligning European law with national legislation and the delicate balance required to maintain sovereignty while embracing cooperative legal frameworks. The nuanced cultural perspectives permeating the French criminal justice landscape are examined to comprehensively understand the unique challenges and adaptations within the French context. The article also discusses the paradox between establishing European probation standards and the challenges in building trust among probation officers and stakeholders across European nations, offering potential strategies for improvement in European criminal justice cooperation. In conclusion, this article provides valuable insights into the complexities and challenges within European criminal law, offering directives for enhanced collaboration and effectiveness within the European legal landscape. It is a pivotal analysis contributing to informed discussions and policy decision-making within European criminal justice cooperation. [ABSTRACT FROM AUTHOR]

The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitization’, which could be very threatening to existing forms of professional practice. It sets the policy debate in the broader context of increasing automation and the more critical literature on digitization, concluding with recommendations for a revised policy document, ideas which may be of interest outside Scotland. [ABSTRACT FROM AUTHOR]

The Offender Personality Disorder (OPD) Pathway is a national initiative which co-commissions health and probation services to work in partnership to enhance the criminal justice case management of high risk men and women who are identified as having indicators of personality disorder. To support the implementation of the pathway, the Yorkshire and Humberside Personality Disorder Partnership (YHPDP) offers psychologically informed case consultation and case management support. As part of this scheme, contracting has been used in the relationships between psychologists and offender managers in the NPS. This paper offers a definition of contracting before offering a rationale for its use when supporting probation staff who work with offenders with personality disorder. A practical guide is then provided to support offender managers, managers, psychologists or supervisors to implement contracting in their practice supporting staff. Finally, a case study is discussed to illustrate the role and impact of contracting on psychologically-informed risk management. [ABSTRACT FROM AUTHOR]

This paper explores the experiences and support needs of British Pakistani families of prisoners through in-depth interviews with six family members of different prisoners: four males and two females, ranging between 18 and 40 years. Key findings are that British Pakistani family members of prisoners experienced the Criminal Justice System as culturally inappropriate and insensitive, raising questions of direct, indirect and institutional racism. Furthermore, family members were more likely to access support if criminal justice and support services staff were drawn from the wider British Pakistani community, but felt hindered from doing so if those staff were thought to have personal relationships to the families’ own local communities. [ABSTRACT FROM AUTHOR]

Using the existing empirical literature and making reference to original research with Canadian children of prisoners, this Practice Note offers a caution to practitioners against making homogenizing or pathologizing assumptions about children who have a parent involved in the criminal justice system. Specifically, the notions that children of prisoners are highly likely to follow their parent to prison, are identical in their experiences of parental incarceration, or are necessarily in need of a specific counselling intervention are challenged. While children with a parent in prison are vulnerable to a variety of risk factors such as poverty, the relationship between parental incarceration, its covariates, and negative outcomes is complex. This paper concludes with four recommendations to practitioners working with families of prisoners and others involved in the justice system. [ABSTRACT FROM AUTHOR]

Evaluation research conducted in agencies that sanction law violators is often challenging and due process may preclude evaluators from using experimental methods in traditional criminal justice agencies such as police, courts, and corrections. However, administrative agencies often deal with the same population but are not bound by due process rules. This paper examines three randomized controlled trials conducted in an administrative agency and outlines the benefits of working in a nontraditional criminal justice agency over traditional criminal justice settings. Also addressed are barriers encountered and methods for overcoming set-backs. The findings demonstrate that the challenges of conducting randomized controlled trials in administrative agencies are similar to those experienced in police agencies, courts, and corrections. However, administrative contexts also have advantages over traditional criminal justice agencies and criminal justice researchers and scholars should broaden their focus and examine administrative agencies as feasible environments for conducting rigorous research on offending populations. [ABSTRACT FROM PUBLISHER]

Contact with the police, as the first contact with the criminal justice system for young people and children, may signify individuals who are vulnerable to later adverse social and health outcomes. However, little is known about how often children have contact with police or for what reason. In this paper, we provide a demographic profile of the prevalence and reasons for police contact among a representative, longitudinal, population-based sample of 91,631 young people in New South Wales, Australia. By 13 years of age, almost one in six (15.6%) children had contact with police as a victim, person of interest and/or witness on at least one occasion. The most common reason for contact with police was in relation to an assault. There was considerable overlap among children who had been in contact with police on more than one occasion for different reasons, with those having police contact as a person of interest or witness being seven times more likely to have also been in contact with police as a victim in a separate incident, than children not known to police. We show that contact with the police is surprisingly common among children and suggest that early interventions for children in contact with police might prevent a range of adverse outcomes not limited to criminal offending. [ABSTRACT FROM AUTHOR]

The overrepresentation of Indigenous Australians in the criminal justice system has been thoroughly documented over a number of decades. However, studies tend to adopt homogenising discourses that fail to acknowledge or deeply examine the diversity of Indigenous Australian experiences of crime, including across geographic and cultural contexts. This has prompted calls for a more thorough investigation of how experiences of crime differ across Australia's Indigenous communities, including between remote Aboriginal and Torres Strait Islander communities. This paper forms part of a larger study, examining crime and justice in the Torres Strait Region, situated off the far northern tip of the State of Queensland. Here, we examine and compare reported crime trends in the Torres Straits with those in Queensland's remote Aboriginal communities and Queensland State on the whole. We then draw upon existing anthropological, historical and other literature to explore possible explanations for differences in these crime rates. We find that crime rates are generally lower in the Torres Strait Region and that the different historical experiences of colonisation and policing may provide a partial explanation for this, particularly through the lens of social disorganisation theory. [ABSTRACT FROM AUTHOR]

'Newsmaking criminology', as described by Barak, is the process by which criminologists contribute to the generation of 'newsworthy' media content about crime and justice, often through their engagement with broadcast and other news media. While newsmaking criminological practices have been the subject of detailed practitioner testimonials and theoretical treatise, there has been scarce empirical research on newsmaking criminology, particularly in relation to countries outside of the United States and United Kingdom. To illuminate the state of play of newsmaking criminology in Australia and New Zealand, in this paper we analyse findings from 116 survey responses and nine interviews with criminologists working in universities in these two countries, which provide insight into the extent and nature of their news media engagement, and their related perceptions. Our findings indicate that most criminologists working in Australia or New Zealand have made at least one news media appearance in the past two years, and the majority of respondents view news media engagement as a professional 'duty'. Participants also identified key political, ethical, and logistical issues relevant to their news media engagement, with several expressing a view that radio and television interviewers can influence criminologists to say things that they deem 'newsworthy'. [ABSTRACT FROM AUTHOR]

Prison release mechanisms can be caught in the bind of competing and oscillating penal logics, the pressure to send more people to prison for longer and the resulting pressure to release "reformed" people from prison more quickly (or at least more effectively). An element of pragmatism related to the need to alleviate prison overcrowding is also present in the Belgian release mechanism for short term prisoners. However, as Beyens shows, this back door mechanism to relieve prison overcrowding is not a genuine reductionist policy but a useful and much resorted to administrative/political tool of prison management. 11 Padfield N, Maruna S (2006) The revolving door at the prison gate: Exploring the dramatic increase in recalls to prison. [Extracted from the article]

Forensic DNA Phenotyping (FDP) is a set of techniques that aim to infer externally visible characteristics in humans – such as eye, hair and skin color – and biogeographical ancestry of an unknown person, based on biological material. FDP has been applied in various jurisdictions in a limited number of high-profile cases to provide intelligence for criminal investigations. There are on-going controversies about the reliability and validity of FDP, which come together with debates about the ethical challenges emerging from the use of this technology in the criminal justice system. Our study explores how, in the context of complex politics of legitimation of and contestation over the use of FDP, forensic geneticists in Europe perceive this technology's potential applications, utility and risks. Forensic geneticists perform several forms of discursive boundary work, making distinctions between science and the criminal justice system, experts and non-experts, and good and bad science. Such forms of boundary work reconstruct the complex positioning vis-à-vis legal and scientific realities. In particular, while mobilizing interest in FDP, forensic geneticists simultaneously carve out notions of risk, accountability and scientific conduct that perform distance from FDP' implications in the criminal justice system. [ABSTRACT FROM AUTHOR]

Government agencies are embracing the rhetoric of public value, but what does the empirical evidence tell us about drivers of its creation? One critical source of insight are the practitioners who turn public investment into public value through complex forms of labour. This article identifies how public value is interpreted and created by forensics scientists in the Criminal Justice System using Q Methodological interviews. The results indicate that two very similar types of forensic scientist exist The study finds that while the decisions of scientists are grounded in their expertise, their public value motivations are to 'add value' to the public through their science. They serve the citizen through their science. They do not serve the consumer, client or victim directly. The findings also indicate that there is a need to recognise hidden forms of value-added activity that take place upstream in public-value chains, ensuring that there are systems in place to maximise their impact downstream. Points for practitioners: Forensic scientists are motivated to serve the public, not the consumer or customer. In order to build capacity within Criminal Justice Systems, agency leaders need to build a relationship based on mutual professional respect rather than a supplier–consumer relationship. If administrative reform is to be guided by academic research, practitioners should use the language of public value rather than the language of new public management. Public value is often created through inter-institutional value chains that can conceal the contribution of upstream value-added activity to desirable public outcomes. It is critical that the value-added process is traced on an inter-institutional basis, and maximised through effective forms of inter-institutional collaboration. [ABSTRACT FROM AUTHOR]

Contemporary debates regarding criminal justice, law and order, and also the occupational consciousness of policing itself, are often concerned with a mythical period of heightened 'respect' for authority that is contrasted with the decline of such respect in contemporary work patterns and interaction with the public. This nostalgia features most prominently in discussions about spaces and work practices where officers feel threatened, challenged or 'under-siege'. One such site is the night-time economy, where expansion of drinking-based leisure and a long-term liberalisation of regulatory controls have exerted more pressure on police and produced urban spaces where this 'lack of respect' is keenly felt. This paper analyses themes that emerged from 15 interviews conducted with current and former members of the New South Wales Police Force to argue that the emergence and growth of urban nightlife have played a key role in promoting a nostalgic discourse that reflects ambivalence about historical efforts to lift police-community relations and the more formal regulation of interaction with the public. Such nostalgia also serves as a personal, social and existential resource that helps fortify shared meaning and a sense of solidarity in the working lives of officers. [ABSTRACT FROM AUTHOR]

Evaluations of domestic violence perpetrator programmes have not produced evidence that they are as effective at reducing male, non-violent, coercively controlling behaviours. This article proposes such limitations are understood by adopting a more complex conceptualisation of coercive control for which the reasons are both gendered and biographically unique. Drawing on document analyses and in-depth interviews with eight programme facilitators and an in-depth case study of one male participant, this article explores the merits and limitations of the cognitive behavioural, skills-based criminal justice programme, Building Better Relationships, in addressing coercively controlling behaviours. The dual (re)conceptualisation of coercive control proposed has implications for both practice and programme evaluation methods. [ABSTRACT FROM AUTHOR]

Advanced technology is not only transforming the public sector in general but is also increasingly transmuting the criminal justice system. Smart applications are designed to predict crimes, automate legal proceedings, and predict recidivism. We argue that such use of intelligent technology to optimize police work, criminal justice, and law enforcement is ultimately serving to establish a "smart criminal justice." However, not every use of technology is intelligent or "smart," per se. Based on a literature analysis, we explore the meaning of "smartness" from a descriptive and normative perspective, in order to develop a catalog of decisive criteria. We identify the use of technology as a basic prerequisite, and efficiency, effectiveness, and participation as normative criteria for any smart initiative in the public sector. Considering the specifics of the criminal justice system, these criteria can be expanded by claims related to legality, equality, and transparency. In sum, this article presents and discusses guidelines for assessing the usefulness and legitimacy of technical innovations in the criminal justice system. The catalog developed here will facilitate practitioners and policy-makers in determining when the use of technology in criminal justice is actually smart, and more importantly, when it is not. Points for practitioners: Advanced technology is increasingly being used in the public sector in general and the criminal justice system in particular, bringing opportunities as well as substantial risk. The use of technology has to adhere to normative principles to be considered as "smart criminal justice." This article presents a list of normative criteria that can be used in practice to assess whether technology in criminal justice is used smartly. Practitioners are encouraged to use this catalog as a guide for procurement, implementation, and evaluation processes. [ABSTRACT FROM AUTHOR]

Research into serious mental illness and probation is reviewed. In addition, there is a specific review of the role of specialist mental health probation staff in the United States (US). In the discussion, we compare progress with the care of the seriously mentally ill within probation in Europe and the US. We conclude that the specialist role for probation staff developed in the US has significant advantages which have been well evaluated which should be implemented, in a large multi-centre trial, across Europe. [ABSTRACT FROM AUTHOR]

Previous research has established that people with severe mental illness and co-occurring substance use disorder leaving prison have multiple and complex health, social and economic challenges. How the criminal justice and mental health systems influence the individual prison-to-community transition experience of this population is less well understood. This paper draws on unique qualitative data from a study of 18 men with co-occurring severe mental illness and substance use disorder leaving prison in Queensland, Australia. A repeat in-depth interview method was used to explore the experiences of the men in prison just prior to release and at two points post-release. Two themes are discussed from analysis of interviews: “risk behaviour and relapse” and “once a criminal always a risk”. The findings suggest that individual risk behaviour is structured within a transition risk environment that reduces individual agency, thus facilitating a vicious cycle of release, relapse and reincarceration. [ABSTRACT FROM AUTHOR]

The increasing availability and use of mobile technology have allowed for innovative solutions to address a range of issues, especially in relation to health behaviour change. Such technological advances have also created opportunities within the justice context and the past decade has seen the development and use of mobile technology in the criminal justice system. Yet, little systematic research exists in this area. This study begins to fill this gap, through a rapid evidence assessment of the use of technologies, especially mobile applications and text message reminders, which support behaviour change amongst people in the criminal justice system. [ABSTRACT FROM AUTHOR]

Criminological literature investigating the association between employment and desistance presents largely mixed findings. This article uses the Skill Mill employment scheme for young offenders as a case study to advance our understanding of how participating in work programmes can influence youth reoffending. Participant observations and semi-structured interviews were conducted with young attendees of the scheme and their supervisors. The findings suggest that employment schemes that offer remuneration, that influence how attendees are perceived by others, that encourage friendships between individuals with a history of criminal justice involvement and that employ supervisors who manage the dynamics of the work group and support young people to change can aid desistance. [ABSTRACT FROM AUTHOR]

While the relationship between offending and mental health is complex, research findings indicate that those in conflict with the law have higher levels of mental illness and need than the general population. This article considers the findings of a joint thematic inspection of the criminal justice journey for individuals with mental health needs, with a particular focus on the probation stage. Inspectors from across justice and health reviewed cases to establish the extent to which needs were identified and met. Interviews were also undertaken with 67 individuals who had lived experience of mental illness while in the criminal justice system. Findings are considered in relation to the identification of mental health needs; the role of trauma; probation practitioners' skills, knowledge and support; case management; and access to required services. This inspection led to identified effective practice and key agencies agreeing to a number of actions in response to inspectors' recommendations. [ABSTRACT FROM AUTHOR]

The prison population in most jurisdictions is escalating. As many prisoners are also parents, more children will inevitably be affected by the experience of having a parent incarcerated. Police and the lower courts are the gatekeepers of the criminal justice system and make urgent and vital decisions about arrest, remand and sentencing which have critical consequences for the children of those arrested, remanded and sentenced. To better understand how these children are responded to by this adult system, this paper draws on data collected from a purposive sample (N = 16) of Victorian magistrates, legal representatives and police, as part of a broader ARC funded study. Findings indicate that the consideration of these children by police and magistrates is largely ad hoc and depends on good will and the exercise of discretion. The balancing of justice issues and the interests of children is also complex and currently under-researched and under-informed. The authors argue that until the agencies dealing with adults incorporate child-focused practices, children, who have a primary carer in prison, will continue to be disadvantaged by a system which considers them only as collateral damage in the exercise of justice. [ABSTRACT FROM AUTHOR]

The ‘problem’ of Indigenous domestic violence has become increasingly dominant in populist and government discourse, with the criminal justice system (including the courts) being criticised for the possible lenient treatment of offenders. Using a population of cases sentenced in New South Wales from January 2009 to June 2012, this paper uses multivariate analyses to explore the intersection between Indigenous status, context of violence (domestic vs. nondomestic) and the imprisonment sentencing decision. Results suggest that when sentenced under comparable statistical circumstances, Indigenous domestic violence offenders are equally likely as those convicted of violent crimes outside of intimate/familial contexts to be sentenced to prison. In contrast, non-Indigenous domestic violence offenders are significantly less likely than those convicted of violent offences outside of intimate/familial relationships contexts to be sentenced to prison. Drawing on the focal concerns sentencing perspective, possible explanations for this finding are explored. The tension faced by the courts between the impact of colonialism on Indigenous offenders and their communities, the need to protect Indigenous victims of domestic violence and their communities, as well as overarching expectations around the punitive treatment of crimes of domestic violence are discussed. [ABSTRACT FROM AUTHOR]

While the discipline of ‘criminology’ has existed within Australian universities for more than half a century, the introduction of discrete ‘criminology’ and justice programmes is much more recent. Little is known, however, about the current state of play when it comes to what a degree in ‘criminology’ actually entails. With growing student enrolments in such programmes, reflecting on the status of these programmes is important in the context of student and employer requirements and expectations. Drawing on the findings of a preliminary study, this paper will explore what it means to study for an undergraduate degree in ‘criminology’ in Australia. Specifically, we will focus on the content, availability and range of ‘criminology’ and justice degrees available in Australia, in order to gain a better understanding of the convergences and divergences across degree programmes, and make some recommendations for future research. [ABSTRACT FROM AUTHOR]

Whilst criminologists, sociologists and policy-makers fuel a perennial debate over the existential value of the ‘gang’,1 the Criminal Justice System (CJS) in England and Wales creeps further into the lives of marginalised and excluded young Black men who have been identified as ‘gang-involved’, a ‘gang-concern’ or ‘associated’ with a gang. Drawing on research commissioned by two North West (English) Local Authority Crime Reduction Partnerships, this article offers a unique insight into the problematic way that the term ‘gang’ is being appropriated and used by criminal justice agencies. The findings suggest that the ‘gang’ label legitimises the over-policing of Black people and communities and acts as an inhibitor to the reconciliation of other, more acute, socio-economic problems endured within Black and Minority Ethnic (BAME) communities. Inspired by the paper ‘White sociology, black struggle’,2 this article is concerned with the problematising effects and the enduring features of the gang construct as a ‘signifier’ for Black men. More contentiously, it highlights the contribution of criminology to the Othering of young Black men, to show that the contemporary position of young Black men as significantly overrepresented and differentially treated within the CJS reflects a continuity with the idea of the ‘Black folk devil’ inherent within a burgeoning body of ‘uncritical’ criminology. [ABSTRACT FROM PUBLISHER]

This article explores the experience of transitioning from youth offending services to adult probation services upon turning age 18 years while incarcerated. The significant differences in the level of provision have been described as a 'cliff-edge' (Transition to Adulthood Alliance (2009). Drawing upon interviews with young people held in institutions, stakeholders, and survey data from Her Majesty's Inspectorate of Prisons, it is argued that the drop in support is exacerbated by poor communication between institutions and services which has harmful implications for young people during this crucial period of developmental maturity and beyond custody. [ABSTRACT FROM AUTHOR]

Are states willing to overlook human rights violations to reap the fruits of international cooperation? Existing research suggests that this is often the case: security, diplomatic, or commercial gains may trump human rights abuse by partners. We argue, however, that criminal-justice cooperation might be obstructed when it undermines core values of individual freedoms and human rights, since the breach of these values exposes the cooperating state to domestic political resistance and backlash. To test our argument, we examine extradition: a critical tool for enforcing criminal laws across borders, but one that potentially threatens the rights of surrendered persons, who could face physical abuse, unfair trial, or excessive punishment by the foreign legal system. We find support for our theoretical expectation through statistical analysis of the surrender of fugitives within the European Union as well as surrenders to the United States: greater respect for human rights correlates with the surrender of fewer persons. A case study of Britain confirms that human rights concerns may affect the willingness to extradite. Our findings have important implications for debates on the relationship between human rights and foreign policy as well as the fight against transnational crime. [ABSTRACT FROM AUTHOR]

This article explores the increase in the number of older people on probation caseloads. 'Older' clients are defined as those aged 50 and over, in line with the use of this definition by Her Majesty's Prison and Probation Service. Drawing upon a Freedom of Information request submitted to the Ministry of Justice, the data show increases in the age of probation clients across community orders, suspended sentences, and supervision on licence. One in five residents in Approved Premises are over 50. Despite the increase, there is a dearth of research relating to the needs of older people on probation and how well probation services and staff are equipped to meet their needs. Consequently, this article utilises research relating to older prisoners, drawing inferences to probation experiences. This prompts the question of whether probation is 'institutionally thoughtless', a term coined relating to the daily experiences of older prisoners. This article depicts findings from qualitative interviews with older prisoners in prison for the first time. The findings highlight ambivalence towards completing accredited programmes, which may be applicable to probation settings. This article concludes that action to tackle discrimination requires a commitment to justice, self-awareness, and knowledge via policy and practice. [ABSTRACT FROM AUTHOR]

This article describes how contemporary attachment theory can support accurate assessment and effective intervention in criminal justice contexts. I offer an introduction to Crittenden's Dynamic-Maturational Model (DMM) of Attachment and Adaptation and explain why this well-evidenced model is especially relevant to criminal justice interventions. The DMM is a biopsychosocial model, informed by neurodevelopmental research, and as such it offers a developmental understanding of the wide range of adaptations used by people who are endangered or endangering to others. It is a strengths-based, non-labelling and non-pathologising model which conceptualises adaptations to danger as self-protective strategies that promote survival in their original context, but which may later lead to problematic, dangerous, or self-defeating behaviour. [ABSTRACT FROM AUTHOR]

While criminological literature, criminal justice practice, and to a lesser extent, state policy have acknowledged a link between women's criminalisation and gendered violence (MoJ, 2018; Österman, 2018; Prison Reform Trust, 2017; Roberts, 2015), there has been much less acknowledgement of the role of historical and contemporaneous experiences of violence in the desistance scripts of criminalised women. Combining findings from two research projects exploring gender and desistance, this article argues that (i) criminalised women's experiences of gendered violence are such that any exploration of gender and desistance which does not acknowledge this is incomplete, (ii) coercion and control can inform women's entry into the criminal justice system, (iii) expressions of agency and resistance in abusive interpersonal relationships can also inform women's offending, yet (iv) women's experiences of desistance from crime can mask the harm they face in coercive, controlling, and violent relationships. Thus, the article argues for a reframing of desistance from crime as desistance from harm both theoretically and in practice, and considers what this might entail. [ABSTRACT FROM AUTHOR]

There has been considerable research and policy debate over the enforcement and decriminalization of occupational health and safety legislation, particularly regarding its capacity to deal with serious harm. Reference has been made to community attitudes to work fatalities, but the perspectives of those most directly affected, the bereaved families, have received little attention. Drawing on evidence from detailed interviews with 44 Australian family members, this article seeks to rectify this omission. Findings highlight the importance of investigative and prosecutorial processes to bereaved families who seek justice, some assurance that culpable behaviours are not condoned, and the implementation of measures to prevent a recurrence. However, reinforcing previous research critical of the degree of enforcement and advocating for a more readily implementable offence of industrial manslaughter, the vast majority of those interviewed were critical of the processes that occurred. Far from assisting, these processes generally left families very dissatisfied with their experiences. [ABSTRACT FROM AUTHOR]

This article is about the networks of relationships (between people and between organisations) that underpin probation supervision. Drawing on evidence from a study researching these interactions, it develops two models of supervision ('thin' and 'thick') by taking themes that shape supervision and charting the interplay between them. The article develops these models in the increasingly fragmented landscape that has followed the Transforming Rehabilitation (TR) reforms in England and Wales. The concepts of 'thin' and 'thick' are used here to describe the supervisory network. Thin supervision describes a minimal and administrative approach to supervision. By contrast, thick supervision requires a network with strong and purposeful links. The article acknowledges the impact of public sector spending cuts on probation services and concludes by reflecting on the challenge of building and sustaining thick supervision in the current context. [ABSTRACT FROM AUTHOR]

This article provides an overview of service development processes used to design a therapeutic approach that promotes desistance amongst men who have committed acts of Intimate Partner Violence (IPV) against their male partner or ex-partner. The article aims to explore how inclusive therapeutic service provision can be developed using the best available evidence, stakeholder consultation, co-production and technology. It does so by presenting a two-part study that draws upon a review of inclusive IPV theory alongside responses to a consultation designed to canvas stakeholder opinions (n = 14) of a proposed IPV service. It also provides a case study (n = 1) of the co-production of digital media with someone from the target group for that service. Implications for future service design for marginalised groups in the Criminal Justice System and provisions for people who have committed IPV are discussed. This article represents the views of the authors' and not those of Her Majesty's Prison and Probation Service (HMPPS). [ABSTRACT FROM AUTHOR]

Examined in this article are two cases of women who have committed offences causing serious harm to others. Responses from probation practitioners are explored in the context of the women also being viewed as victims of extreme, long-term abuse and subsequent trauma. Organisational pressures and practitioners' personal values are analysed to see in what ways interventions attempt to balance individuals' offending and victimisation aspects, whilst also being mindful of traumatising effects of the criminal justice system itself and the impact on practitioners. [ABSTRACT FROM AUTHOR]

While debtors' prisons in the United States were outlawed in the early 19th century, recent reports indicate that a growing number of people across the US are currently imprisoned for debt. This process typically occurs in two ways: debtors are found in contempt of court for non-appearance after being pressured into repaying consumer debt, or offenders are incarcerated for unpaid legal financial obligations (LFOs) incurred in the criminal justice system. While numerous legal scholars have examined these practices, little scholarship has situated this phenomenon within the politico-economic landscape of neoliberalism. Seeking to chart the intersections between economic restructuring and the expansion of the carceral state over the past 40 years, this article situates the modern debt–criminal justice complex within the broader historical trajectories of debt, incarceration, and institutional racism within the US. Emphasizing the centrality of US state reforms implemented under neoliberalism, this article examines the transformation of the federal welfare system toward 'workfare', as well as bankruptcy reforms implemented in the context of rising consumer debt during the 1990s and early 2000s. I maintain that these overlapping transformations, alongside the expansion of the criminal justice apparatus, were central historical processes that shaped the modern debt–criminal justice complex in the US, which continues to criminalize low-income and racialized populations across the country. [ABSTRACT FROM AUTHOR]

Warning letters may be issued to probation service users in the community on licence as an alternative action to recalling them to prison, when the risk of serious harm can be managed safely. Template-based, formalized warning letters may inadvertently increase or compound risk when working with high-risk clients with personality difficulties. As an alternative, psychologically-informed warning letters can be used. The aim of the letters is to facilitate joint meaning-making of violations and breaches of licence conditions between a client and an offender manager, whilst reinforcing boundaries in a thoughtful, empathic way. Practical guidelines are provided for writing and issuing psychologically-informed warning letters in probation when working with high-riskclientswith personality difficulties, along with a case study. Finally, possible barriers to using these letters are identified and potential ways to overcome them are suggested. [ABSTRACT FROM AUTHOR]

In the context that separate peer-led services are increasingly being developed to meet the needs of Ex-armed service personnel (Ex-asp) in the criminal justice system, we explore whether such services should also be developed to address any tendencies towards domestic abuse. Based on interviews with 12 imprisoned Ex-asp and 10 service-affiliated informants working with them, we found domestic abuse is not always recognized as a potential problem for Ex-asp. Nonetheless, respondents suggested that interventions to address the potential for domestic abuse by some Ex-asp would be useful and legitimate if they are provided by those with service affiliations. Considering our findings, however, we strike a note of caution about separate and peer-led approaches becoming the default option for working with Ex-asp in the criminal justice system. We suggest the gendered nature of military culture may be associated with concerns about the implications of re-engaging Ex-asp with their military identities. Moreover, being steeped in military culture, we suggest that without training some service-affiliated staff may be unsighted on important aspects of the role gender expectancies play in domestic abuse and poorly placed to respond appropriately to this type of offending. [ABSTRACT FROM AUTHOR]