Criminalising the other: a criminal justice excursus

Author(s):  
Philip Whitehead

After wading in the stream of history, this chapter advances a detailed examination of the other in criminology and the criminal justice system. In other words, an organisational perspective. Chapter two assembles a rich literature review on the subject, paying particular attention to the Eriksson edited collection: Punishing the Other (2016). Importantly, this chapter draws together the interrelated themes of crime, punishment, criminal justice, and neoliberal capitalism. It is not possible to explore the other in criminology and modernised criminal justice system without paying attention to the conditions of existence provided by the neoliberal politico-economic platform.

Author(s):  
Philip Whitehead

The ethical question confronting all of us is how to live alongside each other where the other person is our neighbour, not our disposable enemy. This monograph refines thinking on the subject of the other and rejects that othering, the imposition of a pejorative status, is an inevitable feature of human life. If the conditions of existence under which we live is a contingent creation, the political and economic, the ethical and cultural, can be reconstructed to reduce pejorative othering. There is the scope to refine and develop thinking on the other by incorporating a longer-term stream of history perspective that reaches back to antiquity; acknowledge troubling transformations imposed upon the criminal justice system by a succession of ‘modernising’ governments; foreground moral responses to contest the production of the relegated and demonised other; and to forge a new agreement on ethical priorities to establish the conditions of existence that benefit all of us. These four themes represent the four substantive chapters of this monograph. It is imperative to think about the other in relation to macro (historical, political, material conditions, and ideological commitments); mezzo (organisational transformations); and micro (human subjectivity) that feature in this monograph. Importantly, the scope exists to contest othering; to proceed from the construction and function of othering through new political and ethical commitments to change the way we organise ourselves. Therefore, it is possible to reframe the contours of the debate and to move things on from where they reside at present.


Author(s):  
Mary Angela Bock

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.


Author(s):  
Carmen María León ◽  
Eva Aizpurúa ◽  
David Vázquez

RESUMENEl diseño visual de los cuestionarios puede afectar a la calidad de los datos obtenidos, especialmente cuando se formulan preguntas abiertas donde los encuestados responden con sus propias palabras. En este trabajo se analizan los efectos de manipular el tamaño del espacio proporcionado para la respuesta en un conjunto de preguntas abiertas incluidas en un cuestionario auto-administrado sobre opiniones hacia la administración de justicia en España. Para ello se recurrió a un experimento split-ballot, dividiendo la muestra (N = 100) en dos mitades equivalentes que recibieron dos cuestionarios con el mismo contenido, pero con diferentes tamaños de campo de respuesta (pequeño y grande) en 16 preguntas abiertas. Los resultados muestran que los participantes que recibieron campos de texto grandes escribieron un mayor número de palabras en sus respuestas. Sin embargo, la manipulación en el campo de texto no influyó en 1) el número de temas abordados; ni en 2) el tiempo empleado para cumplimentar los cuestionarios. Sobre la base ABSTRACTThe visual design of questionnaires can affect the quality of the data obtained, especially when asking open-ended questions that respondents answer in their own words. In this paper, we analyze the effects of manipulating the size of the text boxes provided for answers to a set of open-ended questions in a self-administered questionnaire about opinions of the Criminal Justice system in Spain. For this, a split-ballot experiment was conducted dividing the sample (N = 100) into two equivalent halves. One half received questionnaires with small box sizes for the answers to the 16 open-ended questions while the other half received questionnaires with larger box sizes. The content on the questionnaires was the same. The results showed that those participants who received larger text boxes provided longer answers. However, manipulation of the text box did not influence 1) the number of issues addressed; or 2) response times. The results and their implications for questionnaire design are discussed.


Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold

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.


Youth Justice ◽  
2020 ◽  
pp. 147322542090284 ◽  
Author(s):  
Roger Smith

This article draws on historical understandings and contemporary models of diversion in order to develop a critical framework and agenda for progressive practice. The argument essentially revolves around the contention that typically diversionary interventions have been constrained by the contextual and ideological frames within which they operate. They have in some cases been highly successful in reducing the numbers of young people being drawn into the formal criminal justice system; however, this has largely been achieved pragmatically, by way of an accommodation with the prevailing logic of penal practices. Young people have been diverted at least partly because they have been ascribed a lesser level of responsibility for their actions, whether by virtue of age or other factors to which their delinquent behaviour is attributed. This ultimately sets limits to diversion, on the one hand, and also offers additional legitimacy to the further criminalisation of those who are not successfully ‘diverted’, on the other. By contrast, the article concludes that a ‘social justice’ model of diversion must ground its arguments in principles of children’s rights and the values of inclusion and anti-oppressive practice.


1986 ◽  
Vol 32 (4) ◽  
pp. 518-544 ◽  
Author(s):  
C. Ronald Huff ◽  
Arye Rattner ◽  
Edward Sagarin ◽  
Donal E. J. MacNamara

Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction—the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because of our understandable concern with the efficiency and effectiveness of the criminal justice system in combatting crime. Drawing on our own database of nearly 500 cases of wrongful conviction, our survey of criminal justice officials, and our review of extant literature on the subject, we address three major questions: (1) How frequent is wrongful conviction? (2) What are its major causes? and (3) What policy implications may be derived from this study?


Author(s):  
Gemma Cino

Purpose – The purpose of this paper is to critically explore the impact of anti-social behaviour orders (ASBOs) on young people with mild learning disabilities. In an attempt to identify why young people (under the age of 18) with learning disabilities are exposed to the criminal justice system, an emerging body of evidence is considered. The research provides an insight into some of the difficulties vulnerable young people may encounter, such as receiving unrealistic prohibitions and the lack of support provided after receiving a court order. The research also highlights the lack of professional awareness and understanding of learning disabilities and considers the level of training available to professionals. The paper closes with a discussion of the themes identified from the literature reviewed and some of the changes proposed by the coalition government regarding the future of the criminal justice system. Design/methodology/approach – Although a strict systematic review of the literature was not required for the literature review, a less rigorous systematic approach was employed. When searching for literature, the general principles and guidelines of the Cochrane Collaboration were employed, this included inclusion and exclusion criteria. The eligibility criteria guided the focus of the literature review and determined the relevance of the research. During the literature review it was recognised that much of the research is discussion/review based, and currently there is a limited amount of empirical research available. An eco-systems perspective was employed to consider the connections between young people, the environment and anti-social behaviour (ASB). Findings – The findings from the literature review, illustrate a growing body of evidence which suggests that young people with learning disabilities have been “caught up” in ASB measures. It is positive that more recently, there has been a much needed focus on early identification and diversion away from the criminal justice system, for those with mental health conditions and learning disabilities. The research findings presented by Cant and Standen, and Talbot, provide possible explanations as to why vulnerable young people are made subject to ASBOs. Indeed this lack of sufficient training has not gone unnoticed by other researchers. Research limitations/implications – Although the author is aware of the valuable insight qualitative research can provide, the methodological limitations raise questions regarding the validity of the research the author has considered, especially as most of the research the author has drawn upon is based on exploratory approaches. Nevertheless, the concurring themes drawn from the research findings raise much curiosity around the potential links between disability awareness training and the identification of young people with mild learning disabilities. Practical implications – Despite the governments recent proposal to abolish the ASBO and introduce a new approach to tackling ASB, it appears unclear as to how the new measures will differ from the existing ones. The recent proposed measures are set out in the Anti-social Behaviour, Crime and Policing Act 2014. Although the accompanying guidance for frontline professionals clearly sets out the need for early intervention, which sits alongside a new menu of ASB powers, including the Criminal Behaviour Order (which seems very similar to the ASBO), it is disappointing that the guidance does not give any direction of how new measures will impact on young people with learning disabilities. Social implications – Although the ASBO was not initially designed to target children and young people, it is clear from the literature that certain families and young people are often singled out and labelled as “anti-social”. It is unsurprising, that children and young people from poor families, with low educational attainment, limited employment opportunities and live in the most marginalised and deprived communities are amongst those who are singled out as being particularly problematic. Originality/value – The research findings have helped me to understand some of the potential difficulties vulnerable young people may encounter if they come into contact with the criminal justice system. As there appears to be a lack of empirical research available which considers the connections between learning disabilities and ASBOs, further research within this area of practice would be beneficial. The research invites an alternative perspective which adds to the existing literature.


Criminologie ◽  
2005 ◽  
Vol 19 (1) ◽  
pp. 239-259 ◽  
Author(s):  
Maurice Gauthier

To proceed with an account and evaluation of the policies and practices in adult corrections in Quebec from 1960 to 1985 is to cover the period when the most spectacular reforms took place. The article points out that it is only since 1969 that Quebec has a centralized correctional sector under the authority of a director general. Before this date it was the sheriff who, in each of the territorial divisions in which he worked, assumed all correctional responsibility, by law, without any common philosophical basis. Quebec having proceeded with the construction of its adult correctional system step by step, by means of five year plans, the study of the assessment and evaluation of its policies and practices is divided into five year periods. This method has the advantage of furnishing the reader with a detailed view of the entire ascending progression of the correctional sector from 1960 to 1985, as well as its strengths and weaknesses. Above all, it gives the reader an understanding of the philosophical trends that guided its establishment and describes the principal actors and circumstancial events whereby, in the 1980's, the sector has come to function according to a unity of thought, and in a context of complimentarity with the other agencies of the criminal justice system.


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