11. When things go wrong in the criminal justice process

In this chapter, we identify and critically evaluate the kind of things that can go wrong in the criminal justice process and describe the institutional architecture used to regulate the actions and effects of criminal justice practitioners and to hold them to account. The focus of the chapter is on the organisational, legal and democratic regulatory and accountability mechanisms associated with the police, courts and CPS. Specifically the chapter covers: Police and Crime Commissioners; citizen- and volunteer-led forms of accountability/regulation; royal commissions, public inquiries and independent inquiries; police complaints processes and inspectorates; trial remedies and appeals; the Criminal Cases Review Commission; civil proceedings; inquests and Coronial Courts.

Characterizing Multi-door Criminal Justice

This article provides an empirical, comparative analysis of three criminal justice programs that reflect different social and ideological accounts: community courts, arraignment hearings, and restorative justice. The study draws on empirical findings that have been collected over three years in Israel, through observations and archival documentation of these mechanisms. Using the Criminal Law Taxonomy developed elsewhere by the authors as an analytical tool, the comparison is based on characteristics that relate to the structure, content, stakeholders, and outcomes of these justice mechanisms, emphasizing the plurality we have today in multi-door criminal justice systems. The comparative analysis highlights differences and similarities among various justice mechanisms, and offers policy makers and criminal justice practitioners important insights for referring different cases to various mechanisms.

Co-authoring desistance narratives: Analysing interactions in groupwork for addressing sexual offending

Research and theory suggest that desistance narratives and pro-social identities are key to the process of desistance from crime. However, little research has examined how desistance narratives and related identities are produced in contexts other than research interviews or how core correctional skills intersect with the development of these narratives or identities. This study applies discourse analysis and conversation analysis to transcripts of 12 video-recordings of groupwork sessions for addressing sexual offending, examining how desistance narratives and identities are produced, and how practitioner skills and conversational styles intersect with their production. The analysis illustrates how criminal justice practitioners help to co-author desistance narratives through subtle and explicit aspects of interaction, although certain orientations to risk may limit this potential.

Special Measures in Child Sexual Abuse Trials: Criminal Justice Practitioners’ Experiences and Views

Special measures have been implemented across the globe to improve evidence procedures in child sexual assault trials. The present study explored the day-to-day experiences and views on their use by five groups of Australian criminal justice practitioners (N = 335): judges, prosecutors, defence lawyers, police officers and witness assistance officers. Most practitioners reported routine use of pre-recorded police interviews and CCTV cross-examination of child complainants, but rare use with vulnerable adults. Despite persistent technical difficulties and lengthy waiting times for witnesses, high consensus emerged that special measures enhanced trial fairness and jury understanding. The perceived impact of special measures on conviction rates diverged widely. Defence lawyers disputed that this evidence was as reliable as in-person testimony. All practitioner groups endorsed expanded use of expert witness evidence and witness intermediaries. Ongoing professional development in all practitioner groups will further enhance justice outcomes for victims of child sexual abuse.

Doing Indefinite Time: Penal Confinement and the Life-Imprisoned Offender in Denmark, Finland, and Sweden

Penal confinement in Danish, Finnish, and Swedish prisons has become a topic of growing interest in comparative penal research. While prison sentences in these countries are characterized by reintegration, offenders serving life sentences with unknown dates of release pose particular challenges. This study involved comparing and contrasting the enforcement of life sentences in Denmark, Finland, and Sweden through comparative legal research and interviews with criminal justice practitioners. The findings suggest reintegrative efforts for life-imprisoned offenders are in theory the same as those for any other prisoner but, in practice, some implementation difficulties arise due to the indefinite character of their sentence.

Monitoring Volatile Homicide Trends Across U.S. Cities

While U.S. homicide rates remain at near historical lows, large percentage increases in homicide in 2015 have generated much speculation about its causes among policy makers, academics, criminal justice practitioners, media representatives, and other social commentators. In this article, we show how two data visualization tools, funnel charts, and time series fan charts can show the typical volatility in homicide rates in different cities over time. Many of the recent increases are not out of the norm given historical patterns, and so one need not rely on various ex ante hypotheses to explain homicide spikes occurring in many U.S. cities.