scholarly journals The resettlement net: ‘revolving door’ imprisonment and carceral (re)circulation

2021 ◽  
pp. 146247452110358
Author(s):  
Matt Cracknell
Keyword(s):  
Criminal Justice ◽  
Empirical Study ◽  
Criminal Justice System ◽  
Justice System ◽  
Revolving Door ◽  
Offender Rehabilitation ◽  
Case Study Approach ◽  
Study Approach ◽  
Wear And Tear

The Offender Rehabilitation Act (ORA) 2014 has extended post-release supervision to all individuals serving short sentences in England and Wales – a cohort who previously faced neglect within the criminal justice system. This empirical study uses a case study approach to explore the resettlement experiences of individuals subject to this new legislation, understanding how individuals circulate and re-cycle between a range of services and agencies in the community, further illuminating upon the reality of repeat ‘revolving door’ imprisonment. Drawing upon Cohen's ‘net widening’ analogy, this article posits that collectively the array of services involved in an individual's resettlement form a ‘resettlement net’, which segregates individuals in the community through control and surveillance functions, extending the carceral boundary of the prison firmly into the community. Welfare-orientated organisations become compelled to ‘braid’ welfare responses alongside penal functions in order to operate within the resettlement net. This article also explores some of the difficulties that individuals experience as they navigate the resettlement net, including informal forms of exclusion, and the wear and tear of the net, which undermines the rhetoric of care envisioned by this legislation, and drives individuals deeper into the mesh of carceral control.

Overcoming the Challenges of Experimental Research: Lessons From a Criminal Justice Case Study Involving TASER Exposure

2018 ◽  
Vol 42 (3) ◽  
pp. 358-385 ◽  
Author(s):  
Natalie Todak ◽  
Michael D. White ◽  
Lisa M. Dario ◽  
Andrea R. Borrego
Keyword(s):  
Criminal Justice ◽  
Large Scale ◽  
Human Subjects ◽  
Controlled Trial ◽  
Human Subjects Research ◽  
Case Study Approach ◽  
Study Approach ◽  
Randomized Controlled ◽  
The Impact

Objective: To provide guidance to criminologists for conducting experiments in light of two common discouraging factors: the belief that they are overly time-consuming and the belief that they can compromise the ethical principles of human subjects’ research. Method: A case study approach is used, based on a large-scale randomized controlled trial experiment in which we exposed participants to a 5-s TASER shock, to describe how the authors overcame ethical, methodological, and logistical difficulties. Results: We derive four pieces of advice from our experiences carrying out this experimental trial: (1) know your limitations, (2) employ pilot testing, (3) remain flexible and patient, and (4) “hold the line” to maintain the integrity of the research and the safety of human subjects. Conclusions: Criminologists have an obligation to provide the best possible evidence regarding the impact and consequences of criminal justice practices and programs. Experiments, considered by many to be the gold standard of empirical research methodologies, should be used whenever possible in order to fulfill this obligation.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

Current Issues in the Criminal Justice System

2019 ◽  
pp. 1-11
Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Mentally Ill ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Revolving Door ◽  
The Other ◽  
Recidivism Rates ◽  
System P ◽  
Problem Solving Courts

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.

‘Coercive confinement’: An idea whose time has come?

Incarceration ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 263266632093644 ◽  
Author(s):  
Ian O’Donnell ◽  
Eoin O’Sullivan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Asylum Seekers ◽  
Justice System ◽  
Psychiatric Hospitals ◽  
The State ◽  
Carceral State ◽  
National Programme

This article argues in favour of ‘coercive confinement’ as a useful addition to the criminological lexicon. It suggests that to properly understand a country’s level of punitiveness requires consideration of a range of institutions that fall outside the remit of the formal criminal justice system. It also requires a generous longitudinal focus. Using Ireland as a case study, such an approach reveals that since the foundation of the state, the prison has gradually become ascendant. This might be read to imply a punitive turn. But when a broader view is taken to include involuntary detention in psychiatric hospitals, confinement in Magdalen homes and mother and baby homes, and detention in industrial and reformatory schools, the trajectory is strongly downward. This might be read to imply a national programme of decarceration. (In recent years, asylum seekers have been held in congregate settings that are experienced as prison-like and they must be factored into the analysis.) While some of these institutions may have been used with peculiar enthusiasm in Ireland, none are Irish inventions. It would be profitable to extend the idea of ‘coercive confinement’ to other nations with a view to adding some necessary nuance to our understanding of the reach and grip of the carceral state.

scholarly journals Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Nur Dwi Edie W ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Field Observation ◽  
Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Observation Methods ◽  
Case Number

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.

scholarly journals The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

2020 ◽  
Vol 16 (1) ◽  
pp. 59-69
Author(s):  
Kamri Ahmad ◽  
Hambali Thalib ◽  
Mursyid Muchtra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Security ◽  
Public Prosecutor ◽  
The Public ◽  
The Supreme Court ◽  
Nickel Mining ◽  
Financial Losses

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

scholarly journals "Case Study 7.2 Data to Bring Justice: Addressing Disparities in the Criminal Justice System"

2018 ◽  
Author(s):  
Pamela Oliver
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Engagement ◽  
Justice System ◽  
Public Sociology ◽  
Community Groups ◽  
Professional Sociology ◽  
System P ◽  
Research Action

Pamela Oliver "Case Study 7.2 Data to Bring Justice: Addressing Disparities in the Criminal Justice System" Preprint of chapter in Philip Nyden. Leslie Hossfelt, and Gwen Nyden (eds.) 2011 Public Sociology: Research Action and Change. Pine Forge Press. https://us.sagepub.com/en-us/nam/public-sociology/book234763 This is a case study of my racial disparities work that overlaps somewhat with other presentations I have made of the same material. My work has involved doing descriptive statistical analyses of racial patterns of imprisonment and making public presentations on these patterns, as participating in many meetings of boards and committees working on these issues. Part 1 of this article describes the background of my work and how I got involved, partly through connections with community groups and partly through luck. Part 2 describes my public engagement, including giving talks and participating in many meetings as well as doing analyses at the request of community groups. Part 3 is reflections on the differences and tensions between public and professional sociology.

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