Flashcards
Criminal Justice 2
Cards in this deck (56)
- 1UK tough on crime policies (Drake)were introduced into the UK when crime was already going down.
- 2Californioa and Texas incarcerationTexas increased youth incarceration by 48%
Harsh sentencing for non-violent offences.
Property
Drug offenders
California reduced youth incarceration by 75%
Only imprisoned the most violent offenders
1995 California had 2.2 times higher youth incarceration rate than Texas
2006 Texas had 2.6 times higher youth incarceration rate than California - 3Crime control policies emphasising incarceration need reconsideration (Males, et al.)Texas and California study found no link between youth crime rates and incarceration rates. Texas's current youth CJ policy is unjustified and unnecessary
- 4Tonry (2003b) Crime rateshave been falling in every western country since the 1990s, irrespective of whether imprisonment rates have risen, fallen or held steady’
- 5Doob and Webster argue (2006) “Canadian Punitiveness"Is characterised by talking tough but acting softly”
Many punitive policies have been introduced into Canada
Mandatory minimum sentencing
Maximum sanctions for some offences
Reductions in parole eligibility
However
This has not increased the prison population
(Doob and Webster, 2006). - 6Pratt Scandinavian study (2008)Scandinavian prisons act as punishment not for punishment.
Most prisoners are in work or education
They are still involved in the community - 7Pratt Swedenwhere there is a commitment to individual interests over collective and a reduction in welfare provision, there is also a reduction in trust in government and an increase in punitive attitudes.
And decline in social solidarity coincide with a growing mood of Punitiveness. - 8Alternatives to formal punitive systems (Levi, 2002)were primarily used at the ‘soft end’ of the system for petty crime or for elites for whom the very fact of exposure and loss of employment was considered enough But just as the ‘soft end’ of the system appeared to be benign so the ‘hard core’ (typically male working class youth) appeared to be more intractable, thereby justifying increasing punitive policies.
- 9Beck and Giddens The late modern risk society thesisFeeling of risk has occurred because of social structures have been broken down and different structures have/are been/being made
- 10Beck argues (1992) risk society is characterised byLocal and global fearfulness. The underlying sense of insecurity is brought about by human manufactured risks and the inability to contain them (, global warming) which are generally caused by western countries but they have global dimensions.
Beck argues natural risks are more local so not as globally threatening and are more constrained by time and structural factors (Mythen, 2007). - 11Risk society as a concept (Dean,1999)driven by a new search for order and stability through the scientific endeavour to hypothesis, identity, measure, test and above all predict the future in terms of known probabilities’
- 12Kemshall (2003), Risk and criminology and criminal justiceOffender profiling
Offender management programs
Crime prevention
Crime avoidance
Community safety strategies
Informing decisions over
Inmate security
Pre-sentencing reports
Prison parole
(Kemshall, 2003). - 13Gordon Hughes (1998)There has been a shift from crime prevention strategies towards crime management strategies
- 14Ericson and Haggerty (1997) have argued that risk based expert knowledgeIs the only available solution for the insecurities that risk activates.
New technological and behavioural strategies can be promoted as the main route for greater public security. - 15Making judgements on the basis that some future risk (Schehr, 2005).might be imaginable and always on guard for indications of danger This may engender greater mistrust and suspicion as to ensure security
- 16Actuarial justice Simon (1988)identified the move from the ‘old’ disciplinary society of correcting and punishing individuals to a ‘new’ risk society where the aim was to identify ‘risky’ populations on the basis of aggregate data and the calculations of future possibilities.
+ depolitisation of justice
Ability to neutralise political and moral resistance - 17Actuarial Justice (Drake and Muncie, 2010)Appropriate interventions are then targeted and modelled on psychological profiling and calculated future risk. Criminal Justice then becomes concerned with targeting and managing specific pre-criminal categories of people.
This system enables the construction of its own measures of success and failure (meeting targets), and predict its own needs (allocation of resources). - 18Feeley and Simon’s thesis Actuarial Justiceprison should be for containment and incapacitation rather than correction
- 19Actuarialism connects global processesNeo-liberal, market driven socio-economic policies that have reduced welfare expenditure and protection and have produced surplus populations (the underclass) which have to be contained and controlled.
Actuarialism has helped legitimise a ‘waste management’ response to difficult and troubling populations. - 20Actuarialism Feeley and SimonActuarialism has the potential to overturn traditional criminal justice objectives such as rehabilitation and deterrence.
- 21Actuarialism O'MalleyActuarialism has a long history in penal and social policy
- 22Actuarialism has been defined asa move from the social, social insurance and welfare state to market forms,private insurance and private security.
- 23O’Malley argues risk management and crime preventionbecomes the responsibility of the individual rather than the state. Investment in security measures than becomes an essential element of ‘risk-averse’ citizenship.
- 24Penal incapacitation and risk management Drake and Muncieas integral and mutually supportive strategies that are consistent with marketised neo-liberalism
- 25Tony Blair 2006Declared that criminality can now be predicted at an early age and we not know what works to prevent it.
- 26Cambridge study of delinquent development, a longitudinal study starting in the early 1960s FarringtonAbout 20% had been convicted of criminal offences as juveniles
About 1/3rd by the time they were 32
50% of the crimes were committed by only 23 young men
<6% of the file sample - 27Farrington and Welsh argue the Cambridge study found common risk factors associated with a criminal's development.Individual
Low intelligence
Personality
Impulsiveness
Family
Criminal or anti-social parents
Poor parental supervision
Disrupted families
Environmental
Peer association
Areas of depravation
Schools with high delinquency - 28Farrington (2000, p. 7) the risk factor prevention paradigm has global applicabilityFor Farrington (2000, p. 7) the risk factor prevention paradigm links,
Explanation and prevention
Fundamental and applied research
Scholars and practitioners
Importantly the paradigm is
Easy to understand
To communicate
Accepted by
Policy makers
Practitioners
General public - 29Colin Webster et al.,(2006) researched young people growing up in poor Teesside neighbourhoods.Risk based assessments are not always reliable
Qualitative data found
50% of ‘high risk’ people determined by the Cambridge study methodology had no history of offending or contact with the justice system.
standardised risk identification ;
Ignore the complex dynamics of personalised biographies
Denies material significance of the locale
Overlooks the broader context of labour market conditions and related opportunity structures. - 30Kemshall argues risk factorscould be specific to;
• Offender
• Gender
• Race - 31longitudinal Edinburgh study of Youth transitions and crime foundThe deeper children penetrate the criminal justice systems the more likely they are to reoffend.
Key risk factors were not
Individual personalities
Dysfunctional families
But
Police targeting
Subsequent labelling and stigma
The key to reducing offending;
Minimal intervention
Maximum diversion - 32The risk factor paradigm does not tell uswhat factors have more weight than others at different times in different population groups
‘misses’ valuable qualitative data that could be obtained from juvenile justice practitioners and young people themselves
(Pitts, 2001; Armstrong, 2004; Case, 2007).
Generalised probabilities can produce many false positives- mislabelling and inaccurate identification of supposed offenders (Smith, 2006).
Risk factor research has never seriously been applied to crimes of the powerful and state crime. - 33Lawrence Sherman and colleagues produced a report in 1997 for the Dept. of Justice called ‘What Works’ ’What Fails’ ‘what might be worth pursuing’ in the practice of crime prevention. This review is now universally accepted as ‘policy relevant knowledge’.What Works
Some rehabilitation programs
Early focused intervention
Some prison based therapeutic community treatments
Incapacitation of high risk offenders
What Fails
Scared straight programs (prison visits)
Correctional boot camps
Juvenile wilderness programs
Unstructured counselling - 34Sherman et al. What worksearly intervention in the form of home visits by health professionals ‘works best’ to prevent the onset of delinquency.
10 years after the report boot camps are still a central part of the USA correctional system and many ‘welfare’ aspects of parental and family support were being heavily cut back. - 35Nick Tilly (2003) has criticised uncritically employing social scientific research to form policy interventions.Universal ‘what works’ paradigm is both misguided and unachievable
A more realistic approach would be ‘what works’
For whom
In what circumstances and contexts
And how
What works today might not work tomorrow
What works for some people in some places might not work for others - 36Perry pre-school program in Michigan in the 1970s. 60 African American 3-5 year-olds were provided with high quality nursery education. This group was compared to a central group who did not have support.20 years later 30% of the nursery group were offenders as opposed to the control group having 50% offenders.
At the age of 40 the nursery group had
Higher levels of schooling
Better records of employment
Higher annual incomes
(Schweinhart et al., cited in Farrington and Welsh, 2007). - 37The attarction of the Risk Factor Paradigm to ‘late modern risk society’ governmentsIt is the cost saving benefits of identifying individual choice and risky lifestyles as the main causes of crime that are too attempting for ‘late modern risk society’ governments to ignore. It allows a selective targeting of resources on identified individuals and families and thereby avoids any demand for universal provision.
- 38Becker Policies that seek early detection of criminal suspects through analysisare better at labelling people (Becker, 1963) than they are of predicting future criminal behaviour.
- 39Garland, Riska political shift has occurred, moving away from attempts to understand the causes of crime towards viewing crime as another risk to be accurately measured and managed (Garland, 2000). So there is less of a burden on governments to solve the crime problem.
- 40Governments play a central role in determining what risks are given priorityNot Often
State crime
Environmental damage
Political violence - 41Kemshall rational approach to understanding Crime causation hasresulted in moral blamism of those who fail to exercise the correct ‘choice and acceptable levels of responsibility’.
- 42Internationally the risk paradigm Andersondiscrimination can manifest itself internationally where poor countries are marginalised in the global marketplace
The interaction of risk, state power and corporate power can create barriers to global trade for developing countries - 43Left Realists opposed administrative criminology (Young)Good jobs
Housing estates that tenants can be proud
Community facilities that enhance community cohesion
Reduction in unfair income inequality
create a less criminogenic society - 44Hughes (2007) crime science is ‘naive’ because itPromotes universal applicability of policy prescriptions regardless of time and place
Reduces complex social processes to statistical artefacts and rejects aspects of criminology that are not easily (quick fix) technical solutions - 45Hughes (2002) has criticised the risk paradigm, calling the scientific and actuarial criminologies ‘anti-social’.Complex social issues are reduced to ‘simple’ control strategies that can be easily implemented by
- 46Stanley Cohen (1985) Taken together hybrid strategies are inclusionary and exclusionary self controlSome people are
Included
Protected
Others
Targeted
Stigmatised
Excluded - 47The Universal Declaration of Human Rights (UDHR)a 30 article declaration was adopted by the UN General Assembly in 1948. 48 nations signed it, Saudi Arabia, South Africa and the Soviet Union abstained.
- 48Penny Green and Tony Ward (2004, p. 7) argued ‘Human beingshave certain needs that are fundamental in the sense that without them they cannot [...] pursue their chosen goals and participate in society’ so agents of power that deny such needs and rights must be an ongoing part of the criminological gaze.
- 49Stephen Box (1983, p. 10) criminal laws in Western nations were‘ideological reflections of the interests of particular powerful groups’
Box argued for a criminological agenda focusing on
Actions of state and corporate actors
For a criminology that examines human rights abuse moving away from a focus on crimes of the poor and powerless to those committed by the wealthy, powerful and privileged. - 50A criminology for human rights Mehigan et al.allows state and corporate power to be placed into the sphere of criminal justice.
- 51Mark Findlay argues that globalisationcan be ‘an analytical tool with which to understand global governance and international criminal justice’.
Compulsory, unsafe and forced child labour in poor and developing countries. - 52Global market forcesUnder deregulated free-market ideologies have also decreased living standards for the worlds poorest and most vulnerable people whilst accelerating corporate fraud
- 53Jamieson and McEvoy mechanisms of transnational justicemust reflect the changing nature of the modern state to include non-state and corporate actors.
- 54The International Criminal Court established in 1998120 countries voted to adopt the treaty only 7 voted against China Israel Libya
Yemen Qatar USA
President Bush refused to recognise the ICC and has sort to undermine the ICC, pressurising countries to sign individual treaties to stop any US citizen getting charged before the ICC. - 55Findlay (2008) argues, the principles of human rightsare yet to be adequately integrated into international processes of criminal justice, thereby providing mechanisms of global justice with a ‘shelf life’ to be determined by organisations such as the highly politicised UN Security Council.
- 56Global justice might be imagined through actors such asWorld social forum
The Anti-Globalisation movement
Human Rights Watch
Amnesty International
Statewatch
Greenpeace
Individuals forming alliances, forming pockets of localised resistance
Voicing concerns about
Inequality
Exploitation
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- Flashcards on Criminal Justice 2, created by andrew.sherwood7 on 25/05/2015.
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