Pub Date : 2020-09-01DOI: 10.1080/0731129x.2020.1859298
Anthony Quinn, Catherine Shaw, N. Hardwick, R. Meek, C. Moore, H. Ranns, Shannon Sahni
The value of and the need for rich data for criminal justice research is increasingly apparent, especially following recent restrictions on primary data collection due to COVID-19. Whilst the benefits of using administrative data for research are well established, less understood are the perspectives of data contributors and their expectations for the ethical governance and use of these data. This study describes the findings from a preliminary study comprising four focus groups with a total of seventeen adult males serving sentences in a Category A prison in England. Participants were asked to offer opinions about the possibility of making survey data collected from them as part of the prison inspection process more widely accessible, beyond the organizational priorities for which it was initially collected. Generally, participants were content for survey data to be shared with recipients who intended to use the data to bring about change within prisons; this aligns with the purpose for data collection. Participants were opposed to data being made accessible to recipients who might produce spurious findings. We discuss implications for the future accessibility of a vast wealth of prisoner survey data in England and Wales and highlight the importance of consultation with incarcerated persons on this subject.
{"title":"Prisoner Interpretations and Expectations for the Ethical Governance of HMIP Survey Data","authors":"Anthony Quinn, Catherine Shaw, N. Hardwick, R. Meek, C. Moore, H. Ranns, Shannon Sahni","doi":"10.1080/0731129x.2020.1859298","DOIUrl":"https://doi.org/10.1080/0731129x.2020.1859298","url":null,"abstract":"The value of and the need for rich data for criminal justice research is increasingly apparent, especially following recent restrictions on primary data collection due to COVID-19. Whilst the benefits of using administrative data for research are well established, less understood are the perspectives of data contributors and their expectations for the ethical governance and use of these data. This study describes the findings from a preliminary study comprising four focus groups with a total of seventeen adult males serving sentences in a Category A prison in England. Participants were asked to offer opinions about the possibility of making survey data collected from them as part of the prison inspection process more widely accessible, beyond the organizational priorities for which it was initially collected. Generally, participants were content for survey data to be shared with recipients who intended to use the data to bring about change within prisons; this aligns with the purpose for data collection. Participants were opposed to data being made accessible to recipients who might produce spurious findings. We discuss implications for the future accessibility of a vast wealth of prisoner survey data in England and Wales and highlight the importance of consultation with incarcerated persons on this subject.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129x.2020.1859298","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48550751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-01DOI: 10.1080/0731129x.2020.1853128
David Atenasio
A number of philosophers argue that law enforcement officers may have good reasons to racially profile suspects under certain conditions. Their conclusions rest on a claim of epistemic rationality: if members of some races are at an increased risk of criminality, then it may be rational for law enforcement officers to subject them to increased scrutiny. In this paper I contest the epistemic rationality of racial profiling by appealing to recent work in criminology and the sociology of race and crime. I argue that recent studies indicate that race is a comparatively poor baseline for judging criminality. Law enforcement officers are therefore not making a cognitive error by ignoring race to focus on other correlates of crime but are keeping up with our best social science.
{"title":"The Rationality of Racial Profiling","authors":"David Atenasio","doi":"10.1080/0731129x.2020.1853128","DOIUrl":"https://doi.org/10.1080/0731129x.2020.1853128","url":null,"abstract":"A number of philosophers argue that law enforcement officers may have good reasons to racially profile suspects under certain conditions. Their conclusions rest on a claim of epistemic rationality: if members of some races are at an increased risk of criminality, then it may be rational for law enforcement officers to subject them to increased scrutiny. In this paper I contest the epistemic rationality of racial profiling by appealing to recent work in criminology and the sociology of race and crime. I argue that recent studies indicate that race is a comparatively poor baseline for judging criminality. Law enforcement officers are therefore not making a cognitive error by ignoring race to focus on other correlates of crime but are keeping up with our best social science.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129x.2020.1853128","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46466858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-03DOI: 10.1080/0731129x.2020.1795552
Christopher J. Einolf
The torture scandals during the George W. Bush administration’s wars in Afghanistan, Iraq, and the “Global War on Terror” have prompted an extensive examination of torture in America. Some books an...
{"title":"Torture and American Exceptionalism","authors":"Christopher J. Einolf","doi":"10.1080/0731129x.2020.1795552","DOIUrl":"https://doi.org/10.1080/0731129x.2020.1795552","url":null,"abstract":"The torture scandals during the George W. Bush administration’s wars in Afghanistan, Iraq, and the “Global War on Terror” have prompted an extensive examination of torture in America. Some books an...","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129x.2020.1795552","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45642557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-03DOI: 10.1080/0731129x.2020.1810511
Jonathan M. Jacobs
Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of distributive justice? Examining considerations regarding luck and desert provides an illuminating approach to this issue. The notion of desert has largely been excised from a great deal of recent political theorizing, and in particular, it has been eliminated from many influential conceptions of distributive justice. It is widely held that the pervasiveness of luck renders desert inappropriate to contexts of distributive justice, and incompatible with the freedom and equality of persons in a just political community. Should considerations of desert also have a minimal role in criminal justice—where they seem to still be important? Are considerations of desert in the context of criminal justice consistent with persons being free and equal participants in a just political community? How are principles of criminal justice related to principles of distributive justice and political justice in an overall just society? Many scholars agree that criminal justice presupposes an adequately just society. Still, that leaves open just how criminal justice relates to justice overall. That is the present topic.
{"title":"How Is Criminal Justice Related to the Rest of Justice?","authors":"Jonathan M. Jacobs","doi":"10.1080/0731129x.2020.1810511","DOIUrl":"https://doi.org/10.1080/0731129x.2020.1810511","url":null,"abstract":"Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of distributive justice? Examining considerations regarding luck and desert provides an illuminating approach to this issue. The notion of desert has largely been excised from a great deal of recent political theorizing, and in particular, it has been eliminated from many influential conceptions of distributive justice. It is widely held that the pervasiveness of luck renders desert inappropriate to contexts of distributive justice, and incompatible with the freedom and equality of persons in a just political community. Should considerations of desert also have a minimal role in criminal justice—where they seem to still be important? Are considerations of desert in the context of criminal justice consistent with persons being free and equal participants in a just political community? How are principles of criminal justice related to principles of distributive justice and political justice in an overall just society? Many scholars agree that criminal justice presupposes an adequately just society. Still, that leaves open just how criminal justice relates to justice overall. That is the present topic.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129x.2020.1810511","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47290347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-03DOI: 10.1080/0731129x.2020.1800179
Jonathan A Hughes, Monique F Jonas
Questions about when it is right for police forces to investigate alleged offences committed in the more or less distant past have become increasingly pressing. Recent widely publicized cases of child sexual abuse (CSA) and exploitation, sometimes involving high profile individuals, have illustrated the ethical, psychological, and forensic complexities of investigating non-recent child sexual abuse. Hannah Maslen and Colin Paine have developed the Oxford CSA Framework to assist police to weigh the various ethical considerations that militate for and against initiating a CSA investigation. While such a tool is to be welcomed, and while there is much that is helpful in Maslen and Paine's approach, we suggest that the Oxford CSA framework could be strengthened. Our first suggestion is to abandon a proposed distinction between a set of considerations that is said to generate a “presumption” in favor of investigation and other considerations that may supplement or oppose this presumption. Our second suggestion is to review the weightings applied to the considerations within the model, which lack clear justification and create problematic effects. Finally, we suggest that referring the Oxford CSA Framework to a panel with lived and professional experience of CSA could serve important procedural justice goals and enhance the Framework's recommendations.
{"title":"Weighing Ethical Considerations in Proposed Non-recent Child Sexual Abuse Investigations: A Response to Maslen and Paine’s Oxford CSA Framework","authors":"Jonathan A Hughes, Monique F Jonas","doi":"10.1080/0731129x.2020.1800179","DOIUrl":"https://doi.org/10.1080/0731129x.2020.1800179","url":null,"abstract":"Questions about when it is right for police forces to investigate alleged offences committed in the more or less distant past have become increasingly pressing. Recent widely publicized cases of child sexual abuse (CSA) and exploitation, sometimes involving high profile individuals, have illustrated the ethical, psychological, and forensic complexities of investigating non-recent child sexual abuse. Hannah Maslen and Colin Paine have developed the Oxford CSA Framework to assist police to weigh the various ethical considerations that militate for and against initiating a CSA investigation. While such a tool is to be welcomed, and while there is much that is helpful in Maslen and Paine's approach, we suggest that the Oxford CSA framework could be strengthened. Our first suggestion is to abandon a proposed distinction between a set of considerations that is said to generate a “presumption” in favor of investigation and other considerations that may supplement or oppose this presumption. Our second suggestion is to review the weightings applied to the considerations within the model, which lack clear justification and create problematic effects. Finally, we suggest that referring the Oxford CSA Framework to a panel with lived and professional experience of CSA could serve important procedural justice goals and enhance the Framework's recommendations.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129x.2020.1800179","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48532089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-03DOI: 10.1080/0731129x.2020.1787774
Kelly Welch
Those who might be skeptical about the value of yet another book-length analysis of how stereotypes influence crime and justice would be wise to nevertheless consider the unique perspective offered...
{"title":"Reflections Beyond the Shadow","authors":"Kelly Welch","doi":"10.1080/0731129x.2020.1787774","DOIUrl":"https://doi.org/10.1080/0731129x.2020.1787774","url":null,"abstract":"Those who might be skeptical about the value of yet another book-length analysis of how stereotypes influence crime and justice would be wise to nevertheless consider the unique perspective offered...","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129x.2020.1787774","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45447222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/0731129X.2020.1751399
R. Aborisade, Similade Fortune Oni
This article presents findings from a new qualitative study of female offenders’ interactions with Nigerian policewomen. Against the position of policing literature and feminists and gender advocates that abusive treatment of female arrestees is a function of policemen’s misconduct, this study exposes the active roles played by policewomen in inflicting violence on female detainees. We argue therefore that the mere increase in number and participation of policewomen in the criminal justice system will not address the violent treatment of female suspects; rather, the restructuring of the power dynamics in the police that currently subjects policewomen to the definitions, acceptance, and approval of male-dominant superiors is required.
{"title":"“Women’s Inhumanity Towards Women?” Treatment of Female Crime Suspects by Female Officers of the Nigerian Police","authors":"R. Aborisade, Similade Fortune Oni","doi":"10.1080/0731129X.2020.1751399","DOIUrl":"https://doi.org/10.1080/0731129X.2020.1751399","url":null,"abstract":"This article presents findings from a new qualitative study of female offenders’ interactions with Nigerian policewomen. Against the position of policing literature and feminists and gender advocates that abusive treatment of female arrestees is a function of policemen’s misconduct, this study exposes the active roles played by policewomen in inflicting violence on female detainees. We argue therefore that the mere increase in number and participation of policewomen in the criminal justice system will not address the violent treatment of female suspects; rather, the restructuring of the power dynamics in the police that currently subjects policewomen to the definitions, acceptance, and approval of male-dominant superiors is required.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129X.2020.1751399","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44814106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/0731129X.2020.1741128
Seumas Miller
Recently, the large number and apparently, in more than a few cases, unnecessary lethal shootings of civilians by U.S. police has come the fore. This may well be in part due to the fact that some o...
最近，美国警察对平民的大量不必要的致命枪击事件浮出水面。这很可能部分是由于一些人……
{"title":"Killings By, and Of, Police","authors":"Seumas Miller","doi":"10.1080/0731129X.2020.1741128","DOIUrl":"https://doi.org/10.1080/0731129X.2020.1741128","url":null,"abstract":"Recently, the large number and apparently, in more than a few cases, unnecessary lethal shootings of civilians by U.S. police has come the fore. This may well be in part due to the fact that some o...","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129X.2020.1741128","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44155864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/0731129X.2020.1736371
B. Levin
Writing twenty years ago, the late Harvard Law professor William Stuntz diagnosed a set of “pathological politics” at the heart of US criminal law. Stuntz sought to explain why carceral policies in...
{"title":"De-Democratizing Criminal Law","authors":"B. Levin","doi":"10.1080/0731129X.2020.1736371","DOIUrl":"https://doi.org/10.1080/0731129X.2020.1736371","url":null,"abstract":"Writing twenty years ago, the late Harvard Law professor William Stuntz diagnosed a set of “pathological politics” at the heart of US criminal law. Stuntz sought to explain why carceral policies in...","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/0731129X.2020.1736371","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47046293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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