8. Ethnicities, racism, crime, and criminal justice

Author(s):  
Coretta Phillips ◽  
Ben Bowling

Offending, victimization, policing, the work of the courts, and imprisonment are patterned by differences between different ethnic groups. This chapter explores these long-standing patterns and critically examines the reasons for the often uneasy and conflictual relationship between minority ethnic groups and agents of the criminal justice system. It also interrogates new manifestations of ethnic patterns in crime and the administration of justice, particularly those linked to the global issues of controlling migration and terrorism. Finally, the chapter considers how criminological scholarship has developed in this subfield of race, ethnicity, and crime.

Author(s):  
Tim Newburn

‘Who commits crime?’ explains that most of us break the law at some point in our lives, albeit with fairly minor offences. Data from the criminal justice system and self-reporting show that men commit more crimes than women, and most offending is committed by the young. Some minority ethnic groups appear to have higher offending rates than others, though it seems likely that some combination of socio-economic inequality and the way in which the criminal justice and penal systems work holds the key to explaining much of the difference. The crimes committed by the wealthy and those of higher social status as well as of corporations are also considered.


Author(s):  
Patrick Williams ◽  
Pauline Durrance

Following the theme set by the previous chapters in this section; this chapter identifies practices that are useful for working with other typically marginalised groups on probation, particularly Black and Minority Ethnic Groups (BAME). The chapter is set in the context of the cancellation of Home Office programmes and interventions with BAME offenders in England and Wales, and the authors describe this as the ‘triumph of inertia, and explore why this has occurred. They contextualise the chapter with statistics about BAME communities’ experiences of the Criminal Justice System and the wider society, including institutional racism, and looks at specific Home Office strategies that have disproportionately impacted on BAME communities. Finally, the chapter includes recommendations to improve practice for people working with these groups.


2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.


2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.


Sexual Abuse ◽  
2016 ◽  
Vol 29 (3) ◽  
pp. 291-308 ◽  
Author(s):  
Rebecca L. Fix ◽  
Melissa A. Cyperski ◽  
Barry R. Burkhart

The overrepresentation of racial/ethnic minorities within the criminal justice system relative to their population percentage, a phenomenon termed disproportionate minority contact, has been examined within general adult and adolescent offender populations; yet few studies have tested whether this phenomenon extends to juvenile sexual offenders (JSOs). In addition, few studies have examined whether offender race/ethnicity influences registration and notification requirements, which JSOs are subject to in some U.S. states. The present study assessed for disproportionate minority contact among general delinquent offenders and JSOs, meaning it aimed to test whether the criminal justice system treats those accused of sexual and non-sexual offenses differently by racial/ethnic group. Furthermore, racial/ethnic group differences in risk, legal classification, and sexual offending were examined for JSOs. Results indicated disproportionate minority contact was present among juveniles with non-sexual offenses and JSOs in Alabama. In addition, offense category and risk scores differed between African American and European American JSOs. Finally, registration classifications were predicted by offending characteristics, but not race/ethnicity. Implications and future directions regarding disproportionate minority contact among JSOs and social and legal policy affecting JSOs are discussed.


Race & Class ◽  
2017 ◽  
Vol 59 (3) ◽  
pp. 80-90 ◽  
Author(s):  
Lee Bridges

A forensic analysis from a criminal justice expert on the weaknesses in the findings and recommendations of the Lammy Review into Black, Asian and Minority Ethnic disproportionality in the UK’s criminal justice system. It comments on the remit (which excludes policing), the lack of real action over police gang databases and the joint enterprise ‘charge’, the inadequate understanding of plea bargaining and influence of charging, the need for a deeper understanding of outcomes particularly at the Crown Court, and the weaknesses in merely asking for more Black, Asian and Minority Ethnic representation in the system. The statistical review, the author concludes, produces snapshots of marginal disproportionality at selected stages in the process and hence an episodic analysis of criminal justice, rather than looking at the overall system’s effect in producing differential outcomes for the various ethnic groups. See also Liz Fekete, ‘Lammy Review: Without racial justice, can there be trust?’ ( Race & Class, doi: 10.1177/0306396817742074).


2019 ◽  
Vol 78 ◽  
pp. 474-496
Author(s):  
Maciej Tygielski

This article is focused on the actual position of security measures applicable to addicted offenders in the criminal justice system as well as in the Polish penal debate. The most important problems that occurred in this context were: intersection of medical and juridical authorities in administration of justice (with domination of the experts appointed by the court), protection of the inmates rights and the possibilities of reduction of the isolation penalties and introducing forms of penal reaction that are adapted to specific criminal etiology. Reflections regarding the amendment that took effect on the 1 of July 2015 were conducted in the fields of law-abidingness, efficiency and effectiveness of the preventive measures. The obtained results allow to appraise positively such specific solutions in general, but also show their limits, organizational difficulties and potential threats.


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