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An analysis of inspection in probation and its impact on practitioners, practice and providers 试用期检查及其对从业人员、执业人员和提供者的影响分析
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-21 DOI: 10.1177/02645505211041577
J. Phillips
This article analyses the impact of Her Majesty's Inspectorate of Probation on practice, providers and practitioners. Since 1936 HMI Probation has aimed to improve practice through independently inspecting probation services. However, no research has looked at its impact on those it inspects. This is important not only because the evidence on whether inspection improves delivery in other sectors is weak but also because oversight has the potential to create accountability overload. Following a brief overview of the history, aims and policy context for probation inspection the article presents data from interviews with 77 participants from across the field of probation. Overall, participants were positive about inspection and the Inspectorate. However, the data suggest that inspection places a considerable operational burden on staff and organisations and has real emotional consequences for practitioners. Staff experience case interviews as places for reflection and validation but there is less evidence of the direct impact of inspection on practice. Ultimately, the article argues that inspection can monitor practice whilst also contributing to improving practice and providing staff with a way to reflect on their work, yet this balance is difficult strike. Finally, the article considers the implications of these findings for the Inspectorate and the probation service.
本文分析了女王陛下缓刑监察局对实践、提供者和从业者的影响。自1936年以来,HMI缓刑旨在通过独立检查缓刑服务来改善实践。然而,没有研究关注它对被检查对象的影响。这一点很重要,不仅因为关于检查是否改善了其他部门的交付的证据不足,而且因为监督有可能造成问责过重。在简要概述了缓刑检查的历史、目标和政策背景之后,本文提供了对来自缓刑领域的77名参与者的采访数据。总的说来,与会者对视察和监察组持积极态度。然而,数据表明,检查给员工和组织带来了相当大的操作负担,并对从业者产生了真正的情感后果。员工将案例面谈作为反思和验证的场所,但很少有证据表明检查对实践的直接影响。最后,文章认为,检查可以监督实践,同时也有助于改进实践,并为员工提供一种反思自己工作的方式,但这种平衡是难以实现的。最后,文章考虑了这些调查结果对监察局和缓刑服务的影响。
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引用次数: 2
Probation officer discretion in monitoring and violating supervision conditions 缓刑官在监督和违反监督条件方面的自由裁量权
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-20 DOI: 10.1177/02645505211041578
Ebony L. Ruhland, Esther Scheibler
Probation is a sentence served in the community and includes a number of supervision conditions. If the conditions are violated, individuals could receive a sanction, including revocation. Not every violation, however, may receive a consequence. Probation officers have discretion for how they manage individuals on the caseloads. This study used qualitative data from two departments in a MidWest state in the United States, one rural and one urban, to explore officer decision-making in supervision. It is critical to examine these factors due to the high number of individuals revoked from probation each year. The study findings illustrate the factors officers use in monitoring conditions, as well as in violations and revocations.
缓刑是一种在社区服刑的刑罚,包括一些监管条件。如果违反这些条件,个人可能会受到制裁,包括吊销执照。然而,并不是每一次违规行为都会产生后果。缓刑管理人员有权自行决定如何管理案件中的个人。本研究使用了来自美国中西部一个州的两个部门(一个农村部门和一个城市部门)的定性数据,来探索官员在监督中的决策。由于每年有大量的人被撤销缓刑,因此审查这些因素至关重要。研究结果说明了官员在监控条件以及违规和撤销行为中使用的因素。
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引用次数: 4
Book Review: The Secret Magistrate 书评:《密令》
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-01 DOI: 10.1177/02645505211035308
Mike Guilfoyle
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引用次数: 0
Sexual Concerns 性问题
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-01 DOI: 10.1177/02645505211020523b
This was a very serious offence that might have attracted a significantly longer term of imprisonment. ‘Threats of violence against public servants doing their duty, particularly involving the use of a firearm, are rightly regarded with revulsion.’ The social workers ‘deserve the full protection of the law’. This episode had plainly had a deeply traumatic effect on the principal victim and an adverse effect on the provision of Social Services generally in that local authority. The fact that this victim had stayed in the house, continuing with her duties until the police arrived, was a measure of her courage and resilience, not a mitigating factor in B.’s favour. Her counsel’s assertion that she posed a low risk of re-offending was contrary to the PSR assessment that had made the point that that B.’s ongoing drug taking made that risk ‘significantly higher’. B. had never before been sentenced to imprisonment. She had had numerous chances to co-operate with probation and to comply with the various community orders which have been made in her case. The fact that she had failed to do so – and was in breach of a conditional discharge at the time of the current offence – ‘undercuts any suggestion that this was a case with “a realistic prospect of rehabilitation” . . . On the contrary, it might be said that by this offending [she] had finally crossed the line’. Any mitigation sought to be derived on account of B.’s mental health needed to be weighed in the light of her drug misuse, ‘the principal exacerbating factor underlying her mental health issues’. The pandemic health crisis had not been a material factor in B.’s crime. As her sentence had been shortened to reflect that consideration, she could not rely on it again to argue for suspension.
这是一项非常严重的罪行,可能会被判处更长的监禁。”对履行职责的公务员的暴力威胁,特别是涉及使用枪支的威胁,理所当然地被视为令人反感。”社会工作者“理应得到法律的充分保护”。这一事件显然对主要受害者造成了深刻的创伤,并对该地方当局提供的社会服务产生了不利影响。这名受害者一直呆在家里,继续履行职责,直到警察到来,这是对她的勇气和韧性的衡量,而不是对B有利的减轻因素。她的律师声称她再次犯罪的风险很低,这与PSR的评估结果相反,PSR评估结果表明,B.正在服用的药物使这种风险“明显更高”。B.以前从未被判处监禁。她曾多次有机会配合缓刑,并遵守针对她的案件制定的各种社区命令。事实上,她没有这样做——而且在当前罪行发生时违反了有条件释放——这削弱了任何关于这是一个“有现实康复前景”的案件的说法。相反,可以说,通过这次冒犯,她终于越界了。由于B.的心理健康而寻求的任何缓解措施都需要根据她的药物滥用进行权衡,“这是她心理健康问题的主要恶化因素”。大流行病的健康危机并不是B犯罪的实质因素。由于她的刑期已被缩短以反映这一考虑,她不能再依靠它来主张缓刑。
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引用次数: 2
Suspension of Sentence 缓刑
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-01 DOI: 10.1177/02645505211020523a
1 (greater harm and higher culpability), the recommended starting point is 3 years’ custody following contested trial, with a range between 30 months and 4 years. Greater harm was not disputed but J.’s counsel took issue with higher culpability on the basis that he had not used either hammer or knife as a weapon in assaulting the victim. If the case should thus properly count as Category 2 (on the basis of lesser culpability), the starting point would be 18 months with a range between 12 and 36 months. Addressing first the judge’s efforts to correct himself as regards the victim losing consciousness, the Appeal Court found it ‘difficult to see why that made any difference, given that it was accepted that this was an offence of greater harm’. Moving on to culpability level, the Court observed that ‘irrespective of the issue about the use of a weapon or equivalent, there are a variety of other factors which point, inescapably, to this being a case of higher culpability’. In addition to J.’s dangerousness (see above), there were all the aggravating features highlighted in the Domestic Abuse Guideline (see above). J. had known that the children were in the house (he had been minding them inhis partner’s absence)andwere likely towitness hisprolongedassault, plus ‘the sheer number of injuries inflicted’. His victim was vulnerable and it was at the least arguable that this case involved the deliberate targeting of a vulnerable victim, notwithstanding being a spur of the moment attack, lacking premeditation. As regards the point sought to be made regarding weapon use, the issue could not simply turn on whether or not the perpetrator had a weapon in his hand which he used to strike the victim. The application of this aspect of the guidelines requires a more ‘holistic’ approach.Atdifferent times J. hadhadboth a hammerand a knife in his hand, clearly intended at least to threaten the victim while he assaulted her. He had also thrown a bottle of wine at her, showering her with broken glass, readily categorised as use of a weapon or equivalent. Further, he had hurled the victim against a table and then a cupboard. If he had struck her with a piece of wood, that would plainly have been the use of a weapon. ‘Throwing her against the same piece of wood is likely to cause the same type of injury.’ ‘It might properly be regarded as over-pedantic to say that that was not the use of at least the equivalent of a weapon.’ The judge had been fully entitled to conclude that this crime had featured use of a weapon or equivalent. In the Appeal Court’s conclusion, this prolonged episode of intimate partner violence had been so serious that the judge had also been entitled to go beyond the conventional upper Guideline limit of 4 years. Though a stern sentence, adopting a starting point of four and a half years, resulting in 3 years after credit for plea, had not been manifestly excessive.
1(更大的伤害和更高的罪责),建议的起点是在有争议的审判后的3年监禁,范围在30个月到4年之间。更大的伤害没有争议,但J.的律师对更高的罪责提出了质疑,因为他在袭击受害者时既没有使用锤子也没有使用刀子作为武器。因此,如果案件应适当地算作第2类(根据罪责较轻),则起点应为18个月,范围为12至36个月。首先,针对法官纠正受害者失去意识的努力,上诉法院发现“很难看出为什么这有什么不同,因为人们认为这是一种伤害更大的罪行”。至于罪责问题,法院指出,“不管使用武器或同等物品的问题如何,有各种其他因素不可避免地指出,这是一个罪责更高的案件”。除了J.的危险性(见上文)之外,《家庭暴力指南》(见上文)还强调了所有的加重特征。j知道孩子们在家里(他一直在伴侣不在的时候照看他们),很可能目睹了他长时间的攻击,以及“造成的伤害数量之多”。他的受害者是易受伤害的,这一案件涉及蓄意针对易受伤害的受害者,尽管这是一时冲动的攻击,缺乏预谋,这一点至少是有争议的。关于试图提出的关于武器使用的观点,问题不能简单地归结于犯罪者手中是否有武器用以袭击受害者。准则的这一方面的应用需要一种更“全面”的方法。在不同的时间里,j手里拿着一把锤子和一把刀,显然至少是想在袭击受害者的同时威胁她。他还向她扔了一瓶酒,碎玻璃洒在她身上,很容易归类为使用武器或类似物品。此外,他还把受害者扔到一张桌子上,然后又扔到一个橱柜上。如果他用一块木头打她,那显然是使用了武器。“把她扔到同一块木头上可能会造成相同类型的伤害。”“如果说这不是至少相当于使用了武器的话,那可能会被认为是过于迂腐了。“法官完全有权利得出这样的结论:这起犯罪的特点是使用了武器或类似物品。在上诉法院的结论中,这一长期的亲密伴侣暴力事件是如此严重,以至于法官也有权超出常规的4年最高准则限制。虽然量刑严厉,但采用四年半的起点,导致认罪抵扣3年,并没有明显过度。
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引用次数: 0
Reunified probation. All aboard the ‘justice fleet’ 统一缓刑。所有人都登上了正义舰队
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-01 DOI: 10.1177/02645505211039485
N. Carr
Probation services in England were re-unified and brought back into public ownership on 26 June 2021, following the privatisation and division of services that took place under Transforming Rehabilitation. Probation in Wales had already been brought fully under the public ambit in December 2019, following the collapse of the Community Rehabilitation Company (CRC), which had operated there. The re-unification of probation services has been welcomed across a range of quarters, from trade union bodies and parliamentarians to the probation inspectorate. However, many who have welcomed the decision have also noted the heavy toll that years of disruption have had on probation services in England and Wales. A disruption that has been particularly marked in the impact on the probation workforce. We have previously published articles in the journal about the significant effects of Transforming Rehabilitation on staff across probation services both in the lead up to and following the implementation of the reforms. For instance, Phillips et al. (2016) documented the feeling of ‘relentlessness’ amongst staff who experienced the move towards the supervision of primarily ‘high-risk’ cases in the National Probation Service (NPS). In a practitioner response, Lee (2017) observed the need for enhanced supervisory supports, particularly to address the emotional impacts of working with high degrees of trauma among service users. A Special Issue of the journal marking the fifth anniversary of Transforming Rehabilitation (Volume 66, Issue 1, 2019), included an article by Walker et al. (2019), which documented the stresses and workload pressures experienced by staff in CRCs and the NPS, and which for some, led to their decision to leave probation work altogether. Further coverage in the journal has charted the vagaries of implementation, for instance through foreseeable difficulties in Payment by Results (Albertson and Fox, 2019) and the casting aside of smaller local voluntary services under the behemoth of large-scale procurement processes (Corcoran et al., 2019). Meanwhile in more recent years, we have published some of the areas in which practice innovation had been taking place and where some staff articulated a sense of excitement about the potential for the probation role. It is clear therefore that reunification will mean different things to staff depending on their position and experiences to date. Editorial The Journal of Community and Criminal Justice
2021年6月26日,在“改造康复”下进行的服务私有化和分工之后,英格兰的缓刑服务重新统一并归公有。2019年12月,在威尔士运营的社区康复公司(CRC)倒闭后,威尔士的缓刑已经完全纳入公共范围。缓刑服务的重新统一受到了从工会机构、议员到缓刑监察局等各个方面的欢迎。然而,许多对这一决定表示欢迎的人也注意到,多年的中断给英格兰和威尔士的缓刑服务带来了沉重的损失。对试用期员工的影响尤其明显。我们之前曾在该杂志上发表过文章,讲述了在改革实施前后,改造康复对缓刑服务人员的重大影响。例如,Phillips等人(2016)记录了在国家缓刑管理局(NPS)经历了主要“高风险”案件监管的工作人员的“无情”感觉。在从业者的回应中,Lee(2017)观察到需要加强监督支持,特别是解决在服务使用者中遭受高度创伤的情况下工作的情绪影响。该杂志纪念改造康复五周年的特刊(2019年第1期,第66卷)收录了Walker等人的一篇文章。(2019),该文章记录了CRC和NPS工作人员所经历的压力和工作量压力,对一些人来说,这导致他们决定完全离开缓刑工作。该杂志的进一步报道描绘了实施的变幻莫测,例如,通过可预见的按结果支付困难(Albertson和Fox,2019),以及在大规模采购流程的庞然大物下放弃较小的地方志愿服务(Corcoran等人,2019)。与此同时,近年来,我们公布了一些实践创新的领域,一些员工对试用角色的潜力表示兴奋。因此,很明显,根据工作人员迄今为止的职位和经验,统一对他们来说意味着不同的事情。社论《社区与刑事司法杂志》
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引用次数: 1
‘Guys, get your guns out!’ – An autobiographical account of a US community corrections training academy “伙计们,把枪拿出来!”——美国社区矫正培训学院的自传
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-09-01 DOI: 10.1177/02645505211025591
Sean Blackwell
This article addresses community corrections (CC) training from the perspective of a former practitioner. Though CC training has received modest consideration, academies’ roles in reinforcing occupational cultures are nearly absent from the literature. This article addresses this gap with an autobiographical account of an academy experience and shows that not only did the profession appear to attract candidates with public safety orientations, but also that the academy reinforced those orientations through a disproportionate focus on use of force and officer safety. The article considers challenges policymakers and managers face when attempting to implement reform in public safety cultures.
本文从一位前从业者的角度探讨社区矫正(CC)培训。尽管CC培训受到了适度的考虑,但学院在加强职业文化方面的作用几乎没有出现在文献中。这篇文章通过对学院经历的自传体描述来解决这一差距,并表明该职业似乎不仅吸引了具有公共安全取向的候选人,而且学院通过过度关注武力使用和军官安全来强化这些取向。文章考虑了政策制定者和管理者在试图实施公共安全文化改革时面临的挑战。
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引用次数: 0
Correlates of post-traumatic stress among victimized women on probation and parole 在缓刑和假释的受害妇女中创伤后应激的相关性
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-08-16 DOI: 10.1177/02645505211032171
Stephanie Grace Prost, Seana Golder, George E. Higgins, C. Pettus-Davis, T. Renn, T. Edmond, T. Logan
The current study aimed to identify the correlates of post-traumatic stress among a sample of women on probation and parole with a history of victimization. Community-based sampling was used to recruit 406 women on probation and parole in Jefferson County, Kentucky. The post-traumatic stress diagnostic scale was used to measure three indicators of post-traumatic stress: post-traumatic stress disorder diagnosis, symptom severity, and the number of life domains impacted by symptoms. Shaped by the comprehensive health seeking and coping paradigm, logistic and ordinary least squares regression analyses were used to examine the relationships between sociodemographic factors, criminal justice involvement, cumulative victimization, substance use, social support, material loss, homelessness, and post-traumatic stress. Models identifying correlates of post-traumatic stress accounted for between 18.6% and 26% of the variance and point to critical opportunities for intervention surrounding the dynamic factors of recent intimate partner violence and material loss. Targeting these important factors during community supervision is anticipated to decrease post-traumatic stress and increase the likelihood of success under criminal justice system supervision.
目前的研究旨在确定有受害史的缓刑和假释妇女样本中创伤后应激的相关性。以社区为基础的抽样方法在肯塔基州杰斐逊县招募了406名缓刑和假释妇女。创伤后应激诊断量表用于测量创伤后应激障碍的三个指标:创伤后应激障碍诊断、症状严重程度和受症状影响的生活领域数量。在综合健康寻求和应对范式的影响下,采用logistic和普通最小二乘回归分析来检验社会人口因素、刑事司法参与、累积受害、物质使用、社会支持、物质损失、无家可归和创伤后应激之间的关系。识别创伤后应激相关因素的模型占变异的18.6%至26%,并指出了围绕最近亲密伴侣暴力和物质损失等动态因素进行干预的关键机会。在社区监督期间,针对这些重要因素,预计将减少创伤后应激,并增加在刑事司法系统监督下成功的可能性。
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引用次数: 1
A What Works Centre for Probation: Challenges and possibilities What Works缓刑中心:挑战和可能性
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-07-15 DOI: 10.1177/02645505211025077
Michael Sanders, Louise Jones, E. Briggs
The What Works Movement in the UK Government has seen the establishment of 12 centres to focus on evidence-based policy in different domains. In this paper, we present the challenges and opportunities posed by a What Works Centre (WWC) for Probation, based on our prior experience of establishing WWCs in other areas. Although there are legitimate and substantial challenges to some of the methodological approaches of ‘What Works’, we conclude that Probation is in an unusually strong starting position for such a centre to thrive.
英国政府成立了12个中心,专注于不同领域的循证政策。在本文中,根据我们之前在其他领域建立WWC的经验,我们介绍了缓刑工作中心(WWC)带来的挑战和机遇。尽管“什么有效”的一些方法论方法面临着合理而实质性的挑战,但我们得出的结论是,缓刑处于一个异常强大的起点,使这样一个中心得以蓬勃发展。
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引用次数: 1
Making desistance real: Implementing a desistance focused approach in a community rehabilitation company (CRC) 使戒断成为现实:在社区康复公司(CRC)实施以戒断为重点的方法
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-07-05 DOI: 10.1177/02645505211025084
H. Kemshall, Tammie Burroughs, Soren Mayes, C. Thorogood
Desistance is now a key focus for probation practice in the United Kingdom. However, how to implement desistance in the workplace has remained challenging, particularly in the absence of practice guidance. This article presents the experience of ‘making desistance real’ in the context of Community Rehabilitation Companies. ‘Identity shift’ is presented as a core component of the desistance approach adopted, and practice designed to support services users to transition to a pro-social identity and their ‘best life’ is presented. The article examines changes in assessment processes and tools, outlines desistance informed interventions, and the engagement of practitioners in delivering desistance.
目前,在英国,缓刑是一个关键的焦点。然而,如何在工作场所实施中止仍然具有挑战性,特别是在缺乏实践指导的情况下。这篇文章介绍了在社区康复公司的背景下“使意愿成为现实”的经验“身份转变”是所采用的退出方法的核心组成部分,并提出了旨在支持服务用户过渡到亲社会身份和他们的“最佳生活”的实践。这篇文章考察了评估过程和工具的变化,概述了戒烟知情干预措施,以及从业者参与实施戒烟。
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引用次数: 0
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PROBATION JOURNAL
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