Howard Journal of Crime and Justice最新文献

Every year, millions of people spend Christmas behind bars, yet very little scholarship examines the carceral Christmas. This research attempts to add to the literature by using over 70 years of prisoners’ writings to describe how this holiday season is physically and psychologically experienced by convicts. Drawing on third space scholarship, we argue that prisoners use the manifestations of the holiday season to temporarily ‘escape’ the carceral milieu. More specifically, we contend that the dominant discourses, while not completely refuted, become redefined and reconstituted during the celebratory period. The typical binaries found within the prison (free/captive, inside/outside, keeper/kept), are blurred as a more liminal space emerges. Ultimately, this new imagined space provides a mechanism through which prisoners survive a carceral Christmas.

This article explores a remaining black box in the criminological literature on public problems: the prioritisation of the problem in the public arena. The research uses the case study of Genevan philanthropy to address the prioritisation of harms by moral entrepreneurs. Employing a qualitative methodology, it describes the prioritisation process by using the ‘market for social harms’ metaphor. It argues that philanthropists select their harms according to a risk/benefit assessment, which stems from the business world. This valuation of harms is collective and dependent on the competition and co-operation between philanthropists. Finally, by detailing this metaphor, the study provides the key to obtaining a more general understanding of the prioritisation process.

Death row inmates are sentenced to long periods of isolation before their execution. These individuals, however, often acquire pen pals who write on a regular basis. Anecdotal writings on correspondence with death row inmates have been studied, though usually focusing only on a set of letters between pen pals. This project uses a mixed-methods approach to examine individuals who corresponded with death row inmates. A qualitative analysis explores multiple facets of why a person chose to write to a death row inmate and the effects of this letter writing. A quantitative analysis of the data explores which aspects of letter writing are more likely to result in the correspondent engaging in activities relating to the death penalty. Results from the study reveal that letter writing has positive effects on the letter writers. Letter writing may pose a way to humanise death row inmates and encourage advocacy work towards the death penalty.

There are few long-term studies of the convictions of persistent offenders and the extent to which they may desist from offending. The Sheffield Desistance Study interviewed 113 men aged 19–22 years over four or so years. Their subsequent convictions over the next ten years generally show a continuing pattern of convictions, but with major crime-free gaps. Initial hopes for desistance, if seen as continuing cessation from crime, have not been fulfilled, linked to both substance abuse and, it is argued, recent penal policy in England and Wales. The question is then how we should see recidivism and desistance.

Police corruption, especially in the form of bribery, is a severe social problem in many societies. However, neither the extent nor the factors contributing to police bribery are well understood because of data limitation issues. Understandably, it is incredibly challenging to observe and quantify such bribery, as it is usually considered illegal and/or unethical for police to accept and/or ask for bribes. Agent-based modelling can solve such data limitation issues because it allows for the realistic modelling of hidden behaviours. This study uses an agent-based modelling technique to investigate a threshold model of police corruption, more specifically, bribery. The authors assume that agents have a threshold regarding bribery, which may be conceptualised as either an honesty threshold or a risk threshold. The threshold value is a dynamic variable randomly assigned to each agent, and each interaction between citizens and officers possesses the potential to change the threshold of each agent.

Ensuring safeguards are in place from the earliest stages of criminal investigation is essential to ensure that children's rights in the youth justice system are adequately protected. The rights of children in conflict with the law are protected under the UN Convention on the Rights of the Child (UNCRC), and in situations where these rights are breached, children must have access to an effective remedy. National courts have a role to play in ensuring that children's rights are protected and in providing necessary remedies. This article explores the role the courts have played in upholding children's rights in the police questioning process in Ireland and in New Zealand.

Restorative justice for survivors of sexual abuse is a practice guide and handbook for proponents and practitioners of restorative justice in the wake of sexual violence. Focusing her study specifically on the inclusion of bystanders (or, as Marinari describes them, enablers) of childhood sexual abuse in restorative justice processes, this book argues in favour of facilitated dialogue between survivors of these offences, and those who may have been in the vicinity, or aware of the abuse, yet failed to intervene and protect the survivor.

Utilising an interpretative phenomenological analysis (IPA), Marinari used a feminist approach to gathering research data. In doing so, the voices of each participant are heard. This allows the reader better to understand the survivors’ lived experiences and enables a deeper reflection of restorative justice following sexual abuse. This publication also speaks to the frequent concerns and criticisms surrounding restorative approaches to gendered violence, including issues of patriarchal systems of domination, minimisation of the experiences of women, and the reinforcement of prevailing power structures which contribute to women's subordination within the social hierarchy.

Aiming to understand the emotion, meaning making and motivations of individuals who might participate in restorative justice in such situations, Marinari's research is embedded in the range of women's lived experiences, their feelings, and their often-disguised realities. Marinari achieves this through a combination of reflectivity, collaboration, and the favouring of each participant's voice in the findings of this study. Drawing from a small cohort of six participants, those involved are homogenous in their ethnicity, race and gender, along with their claimed identity as survivors of sexual abuse. While unusual for participants in an IPA study to share a large range of similarities, those in this study differed in their age, educational achievement, and social background, their experiences of sexual abuse, their experience in reporting their abuse to the police (or their willingness to do so), the outcome of their reporting, and their views on restorative justice and its applicability to their individual circumstances.

Marinari begins by introducing the reader to the concept of an IPA study, outlining the steps taken to portray the numerous cycles of both interpretation and reflection. Here, she discusses what this text aims to investigate and achieve, and the research objective it seeks to satisfy. It is in this initial chapter that Marinari also recognises the limitations of this study, indicating that further research, utilising other methods, is needed to consider how her theoretical insights might be applied to such a serious crime. The second chapter provides the reader with an easily-accessible introduction to the academic evidence that supports this research, allowing for laypersons and those less familiar wi

On crime, society and responsibility in the work of Nicola Lacey (hereinafter On crime, society and responsibility) is a pioneering book which contributes significantly to legal scholarship. In being the first common law Festschrift for a woman, Iyiola Solanke has transformed and modernised the Festschrift tradition. Bringing together leading scholars whose fields span legal and criminal theory, psychology and philosophy, Solanke's anthology of essays pays respect to the eminent work of Nicola Lacey and speaks to the reach of Lacey's scholarship across academic disciplines.

The book is structured in three parts – each drawing on different aspects of Lacey's work on criminal responsibility. The first chapter considers the overarching composition of criminal responsibility, Chapter 2 focuses on gender and ethics as they relate to criminal responsibility, and the final chapter consists of a political and historical contextualisation of criminal responsibility.

I approach the work of Nicola Lacey from a feminist, sociologist perspective. Because of this, and to avoid obfuscating areas of Lacey's work within which my expertise is not grounded, this review considers Parts Two and Three of the collection, namely the essays written by Ngaire Naffine, Hanna Pickard and Emily Jackson. These essays are, in my view, the most captivating in the collection and best reflect the sociological and feminist lens of Lacey's work. For those interested in a comprehensive review of the collection, I recommend reviewing Chaudhary's recent paper (Chaudhary, 2021).

Beginning with Section Two of On crime, society and responsibility, Ngaire Naffine's essay helps the reader to better understand certain actors within criminal law. Naffine sets out a persuasive critique of the theories of criminal law which view the criminal actor as a free-standing and autonomous individual, devoid of social characteristics or context. Naffine's essay hinges on how the English law of rape may present a challenge to this individualist view. Naffine notes that in the English law of rape ‘men are designated the exclusive class of persons at whom the law is directed’ (p.68). Therefore, the English law of rape does away with the idea of the abstracted subject, instead invoking a specific population – men. The main body of the essay involves an analysis of legal philosopher John Gardner's work on the law of rape. Naffine embarks on this analysis in an attempt to probe what a theorist who takes the abstracted position does when faced with a population-specific law. Analysing two of Gardner's texts, The opposite of rape (Gardner, 2018) and The wrongness of rape (Gardner & Shute, 2000, ch. 10), Naffine exposes the issues in taking an individualist approach to the law. Naffine rightly insists that when one takes such an approach, the ways in which the law of rape is sexed, and historically and culturally

Feminism and prison abolitionism are not theoretically or politically homogenous, and yet in their mainstream versions they are often situated at polar ends of the debate on how to respond to domestic and sexualised violence. The disproportionately gendered nature of sexualised and interpersonal violence has largely centralised such abuses in feminist movements. However, histories of abolitionism – particularly in continental Europe – have largely failed to address the severity of this violence and its impacts. In this article, we highlight the implications of so-called ‘carceral’ feminism on ending sexualised and interpersonal violence, while addressing key – and reasonable – critiques of abolitionism. Our central argument is that criminal justice has failed to significantly reduce and/or end sexualised or interpersonal violence. As such, we explore feminist-centred, restorative, and transformative alternatives, not only to prison, but to societies that continue to embed systematic levels of sexualised and interpersonal violence.

Early restorative justice archives challenged state criminalisation through three basic pledges – diversion, social transformation, and decolonisation – thereby inaugurating a movement against repressive state criminalisation and announcing a new paradigm of justice. Returning to that movement's beginning, this article shows how its global successes were secured through intimate ties with state justice that diluted its early pledges. Highlighting oft-overlooked insights from legal pluralism, it calls for new articulations between semi-autonomous justice fields to revitalise, and not simply recover, restorative foundations. Forging links with diverse social fields, and engaging a politics of accusation, restorative justice could recraft lenses that bring harm-producing social assemblies into focus.