The 1991 Criminal Justice Act: Research on Children's Testimony

1992 ◽  
Vol 16 (3) ◽  
pp. 7-12
Author(s):  
Helen L Westcott
Keyword(s):  
Criminal Justice ◽  
Child Witnesses ◽  
England And Wales ◽  
Legislative Reforms ◽  
Children's Testimony ◽  
The Way

The 1991 Criminal Justice Act introduced new legislation governing the way children may testify in courts in England and Wales. Helen Westcott reviews these legislative reforms in the light of recent research on child witnesses, and highlights some of the difficulties which will still remain for children called to testify.

Understanding the privatisation of probation through the lens of Bourdieu’s field theory

2020 ◽  
pp. 59-74
Author(s):  
Jake Phillips
Keyword(s):  
Field Theory ◽  
Criminal Justice ◽  
Symbolic Violence ◽  
Policy And Practice ◽  
England And Wales ◽  
Growing Body ◽  
Probation Service ◽  
Rehabilitation Needs ◽  
The Way

This chapter contributes to the growing body of criminological work to use Bourdieu’s field theory to understand changes in policy and practice in criminal justice. The chapter uses the privatisation of probation services in England and Wales as a case study to argue that although probation practitioners vociferously opposed the reforms, their attempts to prevent them were always unlikely to succeed. This is because Transforming Rehabilitation needs to be understood as the culmination of a longstanding process of symbolic violence which resulted in the depreciation of relevant forms of capital amongst practitioners and their allies. The chapter begins with a brief overview of the reforms before turning to a discussion of Bourdieu’s field theory. I argue that because ‘capital’ links field and habitus – in that capital is the product of the way in which habitus and field are, or are not, attuned to one another – this is an important mechanism of field theory which has, hitherto, been neglected. I argue that as probation practitioners’ habitus has remained relatively stable over the last fifty years, the changing field led to a delegitimation of the forms of capital owned by practitioners which left them unable to mount a successful defence of a public probation service.

The Politics of Inertia

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Policy Options ◽  
Home Office ◽  
England And Wales ◽  
Early Release ◽  
Short Sentence ◽  
Policy Debates ◽  
The Face

The chapter explores the ever more complex policy debates that surrounded the efforts to extend a system of early release to short sentence prisoners. It begins with an overview of the main candidates for reform and the strengths and weaknesses of these policy options. It explores the Home Office Review of Parole in England and Wales and considers why these recommendations were so quickly abandoned in the face of political and judicial pressure. It then goes on to examine the passage of the Criminal Justice Act 1982, a significant piece of legislation which resulted in wide-ranging reform of parole in England and Wales. The chapter concludes with a number of reflections upon the policy inertia of the early 1980s and what that reveals about the changing aims and techniques of criminal justice at this time.

Race, Criminal Justice, and Migration Control

2018 ◽  
Keyword(s):  
Criminal Justice ◽  
Social Control ◽  
Conceptual Analysis ◽  
Its Analysis ◽  
The World ◽  
Migration Control ◽  
Key Sites ◽  
And Migration ◽  
The Way

In an era of mass mobility, those who are permitted to migrate and those who are criminalized, controlled, and prohibited from migrating are heavily patterned by race. By placing race at the centre of its analysis, this volume brings together fourteen essays that examine, question, and explain the growing intersection between criminal justice and migration control. Through the lens of race, we see how criminal justice and migration enmesh in order to exclude, stop, and excise racialized citizens and non-citizens from societies across the world within, beyond, and along borders. Neatly organized in four parts, the book begins with chapters that present a conceptual analysis of race, borders, and social control, moving to the institutions that make up and shape the criminal justice and migration complex. The remaining chapters are convened around the key sites where criminal justice and migration control intersect: policing, courts, and punishment. Together the volume presents a critical and timely analysis of how race shapes and complicates mobility and how racism is enabled and reanimated when criminal justice and migration control coalesce. Race and the meaning of race in relation to citizenship and belonging are excavated throughout the chapters presented in the book, thereby transforming the way we think about migration.

Enforcing charitable trusts: a study on the English necessary interest rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Hui Jing
Keyword(s):  
Final Section ◽  
England And Wales ◽  
Insufficient Attention ◽  
Charitable Trust ◽  
Conceptual Nature ◽  
The Way

Abstract In England, Parliament introduced the ‘necessary interest rule’ through the enactment of section 115 of the Charities Act 2011 (England and Wales), allowing ‘any person interested’ in a charitable trust to initiate charity proceedings against defaulting trustees in their administration of charitable assets. Nevertheless, insufficient attention has been paid to this rule despite it being initially enacted in 1853. Parliament has refrained from clearly defining the rule, and the courts have long been grappling with its meaning in determining whether a person is eligible to sue. This paper studies the necessary interest rule by exploring the way in which the courts have interpreted it and the uncertainties surrounding its operation. It is shown that, in the context of charitable trusts, the concern of securing the due administration and execution of the trust lies at the heart of the rule. The final section of this paper discusses the significant theoretical implications of the necessary interest rule. It considers the beneficiary-enforcer debate concerning the conceptual nature of express trusts and highlights the insights that analysis of the rule can provide into this debate.

Seeing Justice

2021 ◽  
Author(s):  
Mary Angela Bock
Keyword(s):  
Criminal Justice ◽  
Public Sphere ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Participant Observation ◽  
The United States ◽  
Detailed Examination ◽  
Visual Media ◽  
The Way

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.

scholarly journals Policing, Crime and Mental Illness in England and Wales: Insights from the Literature

2017 ◽  
Vol 9 (2) ◽  
pp. 248
Author(s):  
Frank Kitt ◽  
Colin Rogers
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Justice ◽  
Justice System ◽  
Historical Context ◽  
Public Agencies ◽  
England And Wales ◽  
Police Service ◽  
High Profile ◽  
Made In

Mental illness pervades most societies, but it is only recently that its impact and effects upon individuals has slowly been recognised in England and Wales. When people suffering from this illness become involved with various public agencies, the way they are dealt with appears inconsistent and on occasions ends in tragedy. One agency that is constantly in contact with people who suffer mental health illness is the police service. Some high profile cases have clearly illustrated misunderstandings and the fact that the police are not generally equipped to deal with such individuals. This article considers a brief history and theoretical backcloth to police understanding and framing of mental illness in England and Wales, and explores the National Liaison and Diversion Model as an alternative to traditional police understanding and response. The article suggests that only by understanding the historical context, and literature, surrounding mental illness, can improvements be made in the criminal justice system as a whole and within the police service in particular.

‘It’s all considered to be unacceptable behaviour’

2016 ◽  
Vol 63 (4) ◽  
pp. 433-451 ◽  
Author(s):  
Vickie Cooper
Keyword(s):  
Criminal Justice ◽  
Housing Policy ◽  
Local Authority ◽  
Housing Authority ◽  
Policy And Practice ◽  
England And Wales ◽  
Critical Questions ◽  
Housing Options ◽  
Criminal Justice Practitioners

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.

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