Probation and criminal justice, 1997–2015: from New Labour to the Coalition government

Author(s):  
Philip Whitehead

This chapter excavates substantive developments in probation, criminal justice, and penal policy, from the election of new labour in 1997 to the end of coalition government in 2015. New labour modernised and the coalition government transformed the criminal justice system, an essential component of public service reform. The latter constituted a series of political incursions that culminated in a rehabilitation revolution. By October 2014 a large proportion of probation work had been privatised through the creation of 21 Community Rehabilitation Companies. Payment by Results is an important signifier of substantive ideological and material changes throughout the system of justice in England and Wales.

Author(s):  
Philip Whitehead

Although it is possible to trace a recent history of far reaching change in probation, the criminal justice system, and penal policy since the 1980s, it is of specific interest to excavate the period from 1997 to 2015. This is because new labour 1997-2010 modernised the criminal justice domain, followed by the era of coalition government that imposed profound transformations in the form of the rehabilitation revolution. The latter culminated in a proportion of probation work being privatised following the creation of 21 Community Rehabilitation Companies. This updated, revised, and largely re-written book constructs an extended theoretical grid to develop a more sophisticated and critical analysis of modernising incursions and transformational traumas under the politico-economic conditions of neoliberal capitalism. Accordingly, in 6 substantive chapters, the book makes an original and timely contribution to theoretical excavation and research in the criminal justice system. To achieve this objective, the book has been expanded to accommodate theoretical insights elicited from Durkheim, Weber, Marx, Foucault, Lacan and Žižek. Additionally, there is a distinctive religious and personalist tradition of considerable longevity that must be factored into this analysis. This is facilitated by refining the conceptual device of moral economy. A major strength of this revised and updated text is the refined theoretical framework to excavate a recent history of politically imposed modernisation and transformation, largely associated with the reconstruction of the probation system.


Author(s):  
Philip Whitehead

There is a paucity of empirical research on solicitors, court clerks, magistrates, barristers and judges conducted within the criminal justice system in England and Wales. Even though the research conducted for this chapter is now several years old, it is included and retained because of the valuable insights provided into the era of modernisation. Importantly, it provides insights into what criminal justice professionals perceived of probation during a period of critical change under new labour. Accordingly, this chapter constitutes a slice of criminal justice history, in North-East England, that can be accessed and utilised by other criminal justice researchers. In doing so it is intended to compensate for empirical paucity in this specific domain of interest.


2003 ◽  
Vol 27 (1) ◽  
pp. 109-136 ◽  
Author(s):  
David Wolcott

Progressive Era campaigns to establish juvenile courts maintained that police and criminal courts failed to distinguish between children and adults. They suggested that law enforcement agencies either sentenced juveniles as if they were adults, imposing excessive punishments, or let kids go, failing to discipline them and encouraging them to commit further crimes. However, this case study of juvenile arrests in turn-of-the-century Detroit indicates that, before the creation of juvenile court, criminal justice institutions had more complex interactions with delinquent youth than has been recognized previously. Boys typically were arrested for very different offenses than were adults, and the police and courts often segregated children and adolescents from the harshest elements of the criminal justice system. The police sought every opportunity to decide the outcome of juvenile arrests themselves, without a court hearing, particularly if boys had committed only status offenses such as truancy or if crime victims decided not to prosecute. When juveniles did appear in criminal courts, judges found ways to soften their experiences, rarely jailing younger boys and instead sentencing some to reform school for ostensible rehabilitation. After 1900, efforts to protect young offenders from criminal justice institutions expanded as specially assigned police officers increasingly sought to discipline delinquents prior to arrest and the courts introduced an unofficial form of probation. Rather than constituting a break from the past, the creation of Detroit’s juvenile court in 1907 mainly made official juvenile offenders’ growing separation from the criminal justice system.


2018 ◽  
Vol 24 (2) ◽  
pp. 163-183 ◽  
Author(s):  
Ben Bowling ◽  
Sophie Westenra

This article examines institutional practices designed to control criminalized migrants in the UK and advances three arguments. First, these practices have evolved, since the early 1970s, into a bespoke ‘crimmigration control system’ distinct from the domestic criminal justice system. Second, this system is directed exclusively at efficient exclusion and control; through a process of adiaphorization, moral objections to the creation of a ‘really hostile environment’ have been disabled. Third, the pursuit of the criminalized immigrant—a globally recognized ‘folk devil’—provides a vital link between domestic and global systems of policing, punishment and exclusion. The UK crimmigration control system is an example of wider processes that are taking place in institutions concerned with the control of suspect populations across the globe.


2012 ◽  
Vol 24 (4) ◽  
pp. 298-299 ◽  
Author(s):  
Eric M. Freedman

In the years ahead both the state and federal governments will have a shared interest in improving the fairness of state post-conviction review systems. Under Cullen v. Pinholster, 131 S. Ct. 1388 (2011) states' post-conviction rulings will be given considerable deference on federal habeas corpus review if but only if they emerge from procedurally sound systems. This gives the states a finality interest and the federal government a cost-savings interest in the creation of such systems. At the same time unsound systems are increasingly vulnerable to attacks under Section 1983. These converging circumstances make it more desirable than ever that the states provide competent counsel in state post-conviction proceedings.


2017 ◽  
Vol 6 (2) ◽  
pp. 95-108 ◽  
Author(s):  
Victoria Nagy

The increased active participation of individuals in the creation of sexual violence narratives online, as opposed to the previously passive consumption of news stories offline, could prove problematic in ensuring justice is served. Social media allows for circumvention of the criminal justice system in response to its perceived inadequacies. With the 24-hour news cycle, the ease with which media consumers can interact with the story as it breaks online, and the manner in which social media has been used by laypersons and secondary bystanders to target victims or perpetrators before a case ever makes it to court, raises questions about how narrative construction online possibly influences people’s beliefs and understandings about sexual violence and the effect this may have for the justice system.  


2020 ◽  
Vol 1 (1) ◽  
pp. 11
Author(s):  
Erieg Adi Cahyono*

Police function in the state government system in the presence of police institutions is indispensable to the community. No community does not have a police institution. Police are tasked  with  maintaining  the security and public Order (Kamtibmas). In addition, police also acted as law enforcement officers. Police are part of the criminal justice system along with other law enforcement officers, namely prosecutors and courts. The important role of human resources of Gresik in improving public services is very important to improve the quality that is in accordance with the expectations of the community and  implemented  in  a unified  network that is simple, open  , smooth, precise, complete, reasonable, and affordable in accordance with the principles of public service.


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