scholarly journals The Effect of Penal Legitimacy on Prisoners’ Postrelease Desistance

2017 ◽  
Vol 64 (7) ◽  
pp. 917-938 ◽  
Author(s):  
Daniel McCarthy ◽  
Ian Brunton-Smith
Keyword(s):  
General Population ◽  
Procedural Justice ◽  
Longitudinal Survey ◽  
England And Wales ◽  
The Law ◽  
Compliance With The Law ◽  
Formal Rules

Studies of procedural justice and legitimacy have shown that where legal actors use formal rules in ways that are perceived to be fair and consistent by those policed, greater compliance with the law can be achieved. A number of studies have assessed how legitimacy and compliance are related using general population samples, but few have tested these links among offending groups. Drawing on data from a longitudinal survey of prisoners across England and Wales, we find that prisoners who perceive their experience of prison as legitimate are more likely to believe that they will desist from crime. However, despite the existence of desistance beliefs, these do not translate into similar effects of legitimacy on proven reconviction rates a year post release.

Ethics, justice and policing

Good Policing ◽  
2020 ◽  
pp. 73-86
Author(s):  
Mike Hough
Keyword(s):  
Procedural Justice ◽  
Police Officers ◽  
Ethical Issues ◽  
Structural Inequality ◽  
Normative Foundation ◽  
Low Visibility ◽  
Societal Level ◽  
The Law ◽  
Compliance With The Law

This chapter explores ethical issues that are raised by procedural justice approaches to policing. Both in individual contacts between police and public and at a societal level, problems can result from the use of low-visibility techniques for securing compliance. There is a risk that people’s choices about compliance with the law are being reshaped by stealth: their autonomy as citizens may be eroded when police officers manage them into compliance through a display of civility and respect. At a societal level, the appearance of the police as an even-handed and fair institution can serve as an ‘ideological cloak’ that hides from public view structural inequality and unfairness. The chapter argues that these risks can be mitigated if police commit to the normative foundation of procedural justice, and do not simply focus on the instrumental benefits of the approach. They need to recognise their duty to treat citizens fairly and with respect.

scholarly journals Procedural justice, compliance with the law and police stop-and-search: a study of young people in England and Scotland

2020 ◽  
pp. 1-20
Author(s):  
Kath Murray ◽  
Susan McVie ◽  
Diego Farren ◽  
Lauren Herlitz ◽  
Mike Hough ◽  
...  
Keyword(s):  
Young People ◽  
Procedural Justice ◽  
The Law ◽  
Compliance With The Law ◽  
Stop And Search

Analysis of the executive discipline of medical and pharmaceutical experts compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances

2019 ◽  
Vol 2019 (5) ◽  
pp. 68-73
Author(s):  
Ольга Давыдова ◽  
Ol'ga Davydova ◽  
Лариса Царахова ◽  
Larisa Carahova ◽  
Ирина Левкова ◽  
...  
Keyword(s):  
Practical Medicine ◽  
Psychotropic Substances ◽  
The Law ◽  
Compliance With The Law ◽  
Narcotic Drugs

The activity of trafficking in narcotic drugs, psychotropic substances is inextricably linked with medical and pharmaceutical activities.Analysis of the executive discipline by medical and pharmaceutical specialists in compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances revealed the most problematic aspects of the activity and the need to revise certain aspects of regulatory and legal activities, based on the modern requirements of practical medicine and pharmacy.

Defensive Deterrence

2018 ◽  
Author(s):  
Yishai Beer
Keyword(s):  
International Law ◽  
Practical Problem ◽  
Strategic Thinking ◽  
National Defense ◽  
Global Security ◽  
Defense Strategy ◽  
Essential Component ◽  
The Law ◽  
Compliance With The Law ◽  
The Military

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.

Unfitness to Plead in England and Wales

2018 ◽  
Author(s):  
Rudi Fortson
Keyword(s):  
Mental Illness ◽  
Learning Disability ◽  
Developmental Disorder ◽  
Criminal Offence ◽  
Legal Process ◽  
England And Wales ◽  
Criminal Jurisdiction ◽  
Communication Impairment ◽  
The Law ◽  
Law Commission

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.

scholarly journals Rise in the use of section 136 of the Mental Health Act 1983 in England and Wales: A viewpoint on Loughran (2018)

2019 ◽  
Vol 60 (2) ◽  
pp. 140-146 ◽  
Author(s):  
Mark Cresswell
Keyword(s):  
Mental Health ◽  
Recent Work ◽  
Theoretical Perspective ◽  
Causal Analysis ◽  
England And Wales ◽  
Mental Health Act ◽  
The Law

This article provides a critical viewpoint on Loughran’s recent work in Medicine, Science and the Law on the causes of the rise in the police’s use of section 136 (s136) of the Mental Health Act 1983 (Loughran M. Detention under section 136: why is it increasing? Med Sci Law 2018; 58: 268–274). The rate of this rise seems significant: by 2014, it was five times more likely that a person in England would be detained in a hospital under s136 than it was in 2000, and the trend has continued to the present day. This viewpoint considers the significance of the s136 rise from the theoretical perspective of causal analysis.

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