Payment by results: the materialist reconstruction of criminal justice

2015 ◽  
Vol 35 (5/6) ◽  
pp. 290-305 ◽  
Author(s):  
Philip Whitehead
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Critical Analysis ◽  
Justice System ◽  
Design Methodology ◽  
The Body ◽  
Content Type ◽  
The Core ◽  
Modern Capitalism ◽  
Late Modern

Purpose – The criminal justice system in England and Wales is being reconstructed on a new operating platform of which Payment by Results (PbR) is the material signifier. This critical historic transformation is occurring during a period of radical economic disruption and political restructuring after 2007-2008. PbR signals the deeper penetration of the core principles of capitalism into the body of the state and its welfare and criminal justice system. Conceptually a Lacanian-Žižekian framework is put to work to theorise these important transformations. The paper aims to discuss these issues. Design/methodology/approach – The design and methodology of this research paper utilises open sources and documentary materials on the development of PbR, in its application primarily to the criminal justice system. Findings – There is evidence that PbR, located within the wider context of capitalist reconstruction, is radically transforming the delivery of criminal justice services. Originality/value – This is the first critical analysis of PbR located within the context of late modern capitalism.

scholarly journals Disability and the criminal justice system in Zambia

2017 ◽  
Vol 8 (2) ◽  
pp. 59-69
Author(s):  
Jessica Jacobson ◽  
Phillip Sabuni ◽  
Jenny Talbot
Keyword(s):  
Health Care ◽  
Criminal Justice ◽  
Focus Group ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
The Self ◽  
Content Type ◽  
Research Activities ◽  
The Family

Purpose Drawing on multi-method research conducted in 2013-2014, the purpose of this paper is to consider the extent and nature of disadvantage experienced by individuals with psychosocial and intellectual disabilities (PID) who come into contact with the criminal justice system in Zambia. The research was conducted as part of a wider project aiming to bring about improvements in how people with PID are dealt with by the criminal justice services. Design/methodology/approach The research activities included interviews with 29 individuals with PID who had experienced the criminal justice system as suspects, defendants or prisoners (“self-advocates”). A focus group and interviews were also conducted with the family members of people with PID who had criminal justice experience. Findings People with PID in contact with the criminal justice services in Zambia are disadvantaged and discriminated against routinely and systematically. Like all detainees, they experience harsh and at times brutal conditions of detention. However, because of their disabilities, such experiences can be more keenly felt: their disabilities may be exacerbated by detention or by limited or non-existent health care; and they are likely to be less resourceful than other detainees and, therefore, less able to cope with the privations of detention. Originality/value In drawing on the self-advocate interviews, this paper presents direct, vivid accounts of what it means to be a suspect, defendant or prisoner with disabilities in Zambia. These are extremely marginalised and multiply disadvantaged individuals whose voices are rarely heard.

The needs of people with mild learning disabilities within the Scottish criminal justice system: a qualitative study of healthcare perspectives

2015 ◽  
Vol 6 (3/4) ◽  
pp. 175-186
Author(s):  
Fellex Mediseni ◽  
Michael Brown
Keyword(s):  
Learning Disabilities ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Thematic Analysis ◽  
Justice System ◽  
Design Methodology ◽  
Sampling Procedure ◽  
Structured Interviews ◽  
Content Type ◽  
System A

Purpose – The Purpose of this paper is to identify and explore the views and experiences of specialist learning disability (LD) health service professionals regarding the management of and support offered to people with LD when they come into contact with the Scottish criminal justice system (CJS). Design/methodology/approach – A qualitative design was adopted for this study due to the limited existing evidence in the area and the need to start to build and develop understanding of the phenomena under study. A purposive sampling procedure was used to select participants from an accessible population within one Scottish NHS Health Literature review, qualitative research, semi-structured interviews and thematic analysis. Findings – The findings identified three key themes challenges in practice; the need for additional resources; and the ability of services to provide management and support. Originality/value – The findings serve to contribute to the understanding of the role and contributions made by and required from specialist LD health services to manage and support people with LD in the Scottish CJS.

scholarly journals Climbing down the steps from the ivory tower: how UK academics and criminal justice practitioners need to work together on alcohol studies

2016 ◽  
Vol 12 (3) ◽  
pp. 129-134 ◽  
Author(s):  
Dorothy Newbury-Birch ◽  
Grant J. McGeechan ◽  
Aisha Holloway
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Primary Outcome ◽  
Ivory Tower ◽  
Risky Drinking ◽  
Content Type ◽  
Funding Agencies ◽  
The Uk

Purpose Evidence in the UK tells us that risky drinking is high amongst those in contact with the criminal justice system. The purpose of this paper is to explore the reasons why carrying out research around risky drinking in this setting is so difficult. Design/methodology/approach A commentary on the issues of carrying out research in the criminal justice setting. Findings There are issues of carrying out research in the criminal justice setting. The authors argue, that as academics we can be more proactive in working with practitioners in the design and carrying out of studies. By examining what the primary outcome of interest is to those that work in the field rather than what funding agencies tell us academics must use, academics may engage in a more co-productive way that enables everyone to achieve what they need. Moreover more work is needed to show how this approach can be achieved both in the UK and internationally. Originality/value This editorial explores some of the difficulties of carrying out alcohol research in the criminal justice system and postulates ways that this could be made easier.

Yes, has no meaning if you can’t say no: consent and crime in the chemsex context

2019 ◽  
Vol 19 (1) ◽  
pp. 23-28 ◽  
Author(s):  
Stephen Morris
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Personal Perspective ◽  
Sexual Offences ◽  
Research Project ◽  
Content Type ◽  
Criminal Justice Response ◽  
Personal Viewpoint

Purpose The title of this paper is a statement made by a man at the end of his treatment following conviction for several sexual offences. It is powerful in conveying a simple and accurate meaning of consent. Legally, consent is not complicated and can be simply defined as: permission for something to happen or agreement to do something. The context of consent, however, is complicated and complex none more so than when it becomes an issue within chemsex. If we are to gain a full appreciation of consent-related complexity, we must also gain an understanding of the wider picture concerning chemsex and crime. The purpose of this paper is to provide that wider picture. With the exception of breaching of drug-related law, not all men who engage in chemsex are committing offences but, as we are discovering, a not insignificant percentage are and this needs to be cause for concern. Design/methodology/approach This study is a review and a personal perspective of the development of a criminal justice response to crime within the chemsex context. Findings This was a personal viewpoint, not a research project; therefore, there were no definitive findings. Originality/value This paper addresses lack of awareness within the criminal justice system in relation to chemsex, and the associated vulnerabilities. This work is original because there is a shortage of published work on the rise in chemsex-related crimes.

Ameliorating vulnerability arising from involvement with criminal courts

2016 ◽  
Vol 2 (3) ◽  
pp. 185-195 ◽  
Author(s):  
Terese Henning
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Integrated Approach ◽  
Criminal Courts ◽  
Content Type ◽  
Network Program ◽  
Scholarly Discussion

Purpose The purpose of this paper is to provide an overview of major mechanisms instituted in Australia to ameliorate the experience of vulnerability arising as a corollary of involvement in Australian criminal courts as defendants, victims or witnesses of crime or family members/friends of such people. Design/methodology/approach The paper begins by providing an overview of two major categories of vulnerability within the criminal justice system – generally experienced vulnerability arising as a corollary of involvement in Australian criminal courts and attribute-based vulnerability. It focusses on the former locating it within a human rights framework. It then outlines dominant responses to this form of vulnerability. Finally it considers the potential for the Court Network program to achieve a more integrated approach to ameliorating this form of vulnerability. Findings The paper takes the view that major responses to systemic vulnerability in the criminal justice system fall short of adequately managing this form of vulnerability. It suggests that the Court Network model has the potential to address some lacunae in other responses and importantly to provide a gateway to them. Originality/value It explores an aspect of vulnerability that is now infrequently addressed and considers one option to supply lacunae in other major responses that has not yet been brought into the scholarly discussion in any significant way.

The impact of DNA on criminal investigation

2016 ◽  
Vol 7 (3) ◽  
pp. 105-108
Author(s):  
Colin Dale
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Ethical Issues ◽  
Dna Profiling ◽  
Content Type ◽  
First Case ◽  
The Impact

Purpose The purpose of this paper is to describe the discovery of the application of DNA profiling to the criminal justice system. Design/methodology/approach Researching the origins of the discovery of the application of DNA to the criminal justice system via an analysis of the first case in which it was applied to. Findings It was discovered that the first application of DNA profiling to the criminal justice system meant that a young man with intellectual disabilities was saved from wrongful prosecution. The case study also raises ethical issues concerning the mass screening of targeted populations by way of DNA. Originality/value The case study is descriptive in nature and draws from earlier work describing the events which unfolded.

“Collective violence” and honour in Finland: a survey for professionals

2018 ◽  
Vol 10 (4) ◽  
pp. 261-271 ◽  
Author(s):  
Satu Lidman ◽  
Tuuli Hong
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Criminal Code ◽  
Further Education ◽  
Influential Factor ◽  
Collective Violence ◽  
Content Type ◽  
Victim Services

Purpose The purpose of this paper is to report on how honour-related violence (HRV) is understood and managed by professionals in Finland, emphasising the need to consider collectivity as an influential factor. Therefore, this paper introduces the concept of “collective violence”. By investigating the level of awareness and recognition of these violence phenomena, this paper discusses both preventative and punitive measures that Finnish authorities are able to work with. Design/methodology/approach A total of 111 Finnish anti-violence professionals completed a survey that aimed to qualitatively investigate their perceptions of HRV and collectivity. Findings The findings of this study indicated that collective violence is generally poorly recognised among professionals in Finland. At present, both victim services and criminal justice system lack adequate structures to deal with issues of collective violence. These findings indicate that authorities need further education on HRV and collectivity, as well as debates on whether the criminal code should be amended to meet international requirements. Originality/value As this violence has been researched only sporadically in the Finnish context, this study provides new insight to under-researched area of honour-related and collective violence in Finland. These findings may assist other European countries dealing with similar issues as well as guiding preventative and punitive measures within the Finnish context.

Reforming the criminal justice system – an ethical leadership approach

2017 ◽  
Vol 13 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Verl Anderson ◽  
Riki Ichiho
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Ethical Leadership ◽  
Justice System ◽  
Ethical Issues ◽  
Content Type ◽  
The Public ◽  
Moral Perspective ◽  
Conceptual Paper ◽  
Practical Implications

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.

Cultural competence in criminal justice

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE
Keyword(s):  
Criminal Justice ◽  
Cultural Competence ◽  
Criminal Justice System ◽  
Justice System ◽  
Chief Executive ◽  
Skills Training ◽  
Voluntary Organizations ◽  
Content Type ◽  
The Government ◽  
Minority Ethnic

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.

The importance of external stakeholders for police body-worn camera diffusion

2018 ◽  
Vol 41 (4) ◽  
pp. 448-464 ◽  
Author(s):  
Natalie Todak ◽  
Janne E. Gaub ◽  
Michael D. White
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Diffusion Of Innovations ◽  
Justice System ◽  
Planning Process ◽  
Short Circuit ◽  
Police Department ◽  
Content Type ◽  
Daily Work ◽  
External Stakeholders

Purpose The diffusion of innovations paradigm suggests that stakeholders’ acceptance of a police innovation shapes how it spreads and impacts the larger criminal justice system. A lack of support by external stakeholders for police body-worn cameras (BWCs) can short-circuit their intended benefits. The purpose of this paper is to examine the perceptions of BWCs among non-police stakeholders who are impacted by the technology as well as how BWCs influence their daily work processes. Design/methodology/approach The authors conducted interviews and focus groups (n=41) in two US cities where the police department implemented BWCs. The interviewees range from courtroom actors (e.g. judges, prosecutors) to those who work with police in the field (e.g. fire and mental health), city leaders, civilian oversight members, and victim advocates. Findings External stakeholders are highly supportive of the new technology. Within the diffusion of innovations framework, this support suggests that the adoption of BWCs will continue. However, the authors also found the decision to implement BWCs carries unique consequences for external stakeholders, implying that a comprehensive planning process that takes into account the views of all stakeholders is critical. Originality/value Despite the recent diffusion of BWCs in policing, this is the first study to examine the perceptions of external stakeholders. More broadly, few criminologists have applied the diffusion of innovations framework to understand how technologies and other changes emerge and take hold in the criminal justice system. This study sheds light on the spread of BWCs within this framework and offers insights on their continued impact and consequences.

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