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Assessing prisoners 评估囚犯
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-05-10 DOI: 10.1177/02645505221093415b
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引用次数: 0
Hero to zero? Navigating and negotiating the harms of criminalisation as a ‘veteran offender’ 英雄归零?引导和协商作为“老年犯”定罪的危害
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-05-09 DOI: 10.1177/02645505221095069
Hannah Wilkinson
This article offers an original insight into the experiences of former military personnel navigating life after criminalisation in a time of austerity. Drawing on case studies of in-depth narrative and visual interview data with two ‘veteran offenders’, the article draws attention to a complex ‘dance of disclosure’ around military service and criminal records. The article demonstrates how the complexity of the pains of criminalisation can make (re-)finding a sense of purpose and self-worth difficult for former military personnel who must continually decide whether to disclose or obscure their military past, depending on the criminal punishment context. This critical analysis makes visible a potential continuum of state harm for those criminalised and managed as ‘veteran offenders’.
这篇文章对前军人在紧缩时期被定罪后的生活经历提供了独到的见解。通过对两名“退伍军人”的深入叙述和视觉采访数据的案例研究,文章提请人们注意围绕兵役和犯罪记录的复杂“披露之舞”。这篇文章展示了刑事定罪的痛苦的复杂性如何使前军事人员难以(重新)找到目标感和自我价值感,他们必须根据刑事处罚的背景不断决定是披露还是掩盖他们的军事经历。这一批判性分析表明,对于那些被定罪并被当作“老年犯”管理的人来说,潜在的国家伤害持续存在。
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引用次数: 1
Race equality and probation – a view from the frontline 种族平等与缓刑——从前线的视角
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-05-02 DOI: 10.1177/02645505221097517
N. Carr
This issue of the journal includes an important piece by Mariam Rashid, a practitioner working in England. Mariam’s practice note reflects on what she describes as ‘complex complicity’ as a woman of colour working in a criminal justice system that disproportionately processes people from racial and ethnic minorities. Evidence of this disproportionality has been set out in a range of research and reports over many years, including most prominently in the Lammy Report published in 2017 which documented differential treatment and outcomes for Black, Asian, and Minority Ethnic individuals at all stages of the criminal justice system (Lammy, 2017). The Lammy Report outlined that people from Black, Asian, and Minority Ethnic backgrounds are disproportionately targeted by police Stop and Search practices and are over-represented at all stages of the system and especially in the youth justice system and prison population. The data cited in the Lammy Report is from 2015/16, but a look at the most recent statistics shows that depressingly the dial has not shifted on this issue, despite a series of recommendations aimed at addressing the causes of disproportionality. In 2020 Black people comprised 3% of the population in England and Wales, but constituted 18% of all Stop and Searches, and 13% of the prison population (Ministry of Justice, 2021). In the interim of course, we have also seen the publication of the Commission on Race and Ethnic Disparities Report (2021), which was widely criticized from a range of quarters for diluting the concept of ‘institutional racism’ and downplaying the structural factors impacting on people from racial and ethnic minorities living in the United Kingdom (Runnymede Trust, 2021;Walker and Parveen, 2021). This has raised questions about this government’s commitment to meaningfully addressing the impacts of racial and ethnic disparities in all areas of society, including in the criminal justice system. In 2021 we also saw the publication of the Probation Inspectorate’s Thematic Review of Race Equality in probation (HMIP, 2021). Importantly this review looked at the experiences of both probation service users and staff. Several issues of concern are documented including gaps in service provision and a decline in probation services’ focus on racial equality following the implementation of Transforming Rehabilitation reforms. The thematic review also noted black, Asian and minority ethnic staff concerns’ regarding transparency of recruitment and selection practices and a lack of confidence in raising issues of racial discrimination. Editorial The Journal of Community and Criminal Justice
这期杂志包括玛丽亚姆·拉希德(Mariam Rashid)的一篇重要文章,她是一位在英国工作的从业者。玛丽安的练习笔记反映了她所描述的“复杂的共谋”,作为一名有色人种女性,她在刑事司法系统中工作,该系统不成比例地处理来自种族和少数民族的人。多年来,一系列研究和报告都提出了这种不均衡的证据,其中最突出的是2017年发表的拉米报告(Lammy Report),该报告记录了黑人、亚洲人和少数民族在刑事司法系统各个阶段的差别待遇和结果(Lammy, 2017)。拉米报告概述了黑人、亚裔和少数族裔背景的人不成比例地成为警察拦截和搜查的目标,并且在系统的各个阶段,特别是在青少年司法系统和监狱人口中都有过多的代表。拉米报告中引用的数据来自2015/16年,但看看最近的统计数据,令人沮丧的是,尽管有一系列旨在解决性别比例失调原因的建议,但在这个问题上的情况并没有改变。2020年,黑人占英格兰和威尔士人口的3%,但占所有拦截和搜查的18%,占监狱人口的13%(司法部,2021年)。当然,在此期间,我们也看到了《种族和民族差异委员会报告》(2021)的出版,该报告因淡化“制度性种族主义”的概念和淡化影响英国少数种族和少数民族的结构性因素而受到广泛批评(Runnymede Trust, 2021;Walker and Parveen, 2021)。这引发了人们对本届政府在社会各个领域(包括刑事司法系统)有意义地解决种族和民族差异影响的承诺的质疑。2021年,我们还看到了缓刑监察局关于缓刑中种族平等的专题审查(HMIP, 2021)的出版。重要的是,这项审查调查了缓刑服务使用者和工作人员的经历。记录了几个令人关切的问题,包括服务提供方面的差距,以及在实施改造康复改革后,缓刑服务对种族平等的关注有所下降。专题审查还注意到黑人、亚洲人和少数族裔工作人员对征聘和选择做法的透明度以及对提出种族歧视问题缺乏信心的关切。社论《社区与刑事司法杂志》
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引用次数: 0
When ‘ideal victim’ meets ‘criminalised other’: Criminal records and the denial of victimisation 当“理想的受害者”遇到“被定罪的其他人”:犯罪记录和否认受害
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-04-18 DOI: 10.1177/02645505221095068
Lauren Bradford-Clarke, Rhiannon Davies, Andrew Henley
This article critically examines the restrictions on access to statutory compensation in Great Britain for victims of serious crime with criminal records. Drawing on original analysis of Criminal Injuries Compensation Authority transparency data it reveals the scale of the denial of victimisation as a so-called ‘collateral consequence of a criminal record’. The policy is then critiqued on the basis that it reproduces the problematic social construction of the ‘ideal victim’, delineates people with criminal records as subaltern citizens and gives rise to harmful secondary victimisation of applicants whose criminal records are often unrelated to their victimisation event.
本文批判性地考察了英国对有犯罪记录的严重犯罪受害者获得法定赔偿的限制。根据对刑事伤害赔偿管理局透明度数据的原始分析,它揭示了否认受害的规模,即所谓的“犯罪记录附带后果”。然后,该政策受到批评,因为它再现了“理想受害者”的有问题的社会建构,将有犯罪记录的人描绘成次等公民,并导致申请人的有害的二次受害,这些申请人的犯罪记录通常与他们的受害事件无关。
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引用次数: 1
After-care, resettlement and social inclusion: The role of probation 后照顾、安置与社会包容:缓刑的作用
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-04-18 DOI: 10.1177/02645505221095061
R. Canton
The priority of public protection has moved probation away from its historical concerns with providing after-care, now emphasising risk management as well as the continuation of the sentence in the community. Yet people released from prison notoriously face many difficulties in accessing the social resources they need for desistance and meet with mistrust associated with their criminal records. This paper looks at the responsibilities of the Probation Service in their supervision of people leaving prison, considering the role of probation in promoting social inclusion and supporting desistance.
公共保护的优先级已经使缓刑从其历史上关注的提供事后护理转移到现在强调风险管理以及在社区中继续服刑。然而,众所周知,从监狱中释放出来的人在获得他们需要的社会资源方面面临许多困难,并因其犯罪记录而受到不信任。本文着眼于感化服务处在监督出狱人员方面的责任,考虑感化服务在促进社会包容和支持戒除方面的作用。
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引用次数: 2
French and scottish probation during the first lockdown. In search of the heart and soul of probation 第一次封锁期间在法国和苏格兰缓刑。寻找心灵和灵魂的缓刑
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-04-12 DOI: 10.1177/02645505221087976
M. Herzog-Evans, J. Sturgeon
In March 2020 in response to the global pandemic, countries across Europe ordered businesses and offices to close and their citizens to stay at home. This paper is part of a wider investigation, which explores what happened to probation services in France and in Scotland during this time of national emergency. Qualitative interviews with 29 French and 27 Scottish probation staff took place during the initial lockdown, the authors wishing to capture the personal and organisational experience of practising probation at this unprecedented time. In this paper, the authors explore how probation staff in both countries responded to the news of the lockdown and how they adapted to working in these fundamentally altered circumstances. The paper explores what took place and therefore what is left of probation when the vast majority of what it usually entails becomes no longer possible. The study reveals similarities between the countries in how as human beings, probation staff responded to the pandemic and the imposition of the lockdown; it also uncovers differences in the practice that emerged, these differences reflecting the different historical roots of the two services and differences in the way that they are structured.
2020年3月,为应对全球大流行,欧洲各国下令企业和办公室关闭,公民待在家里。这篇论文是一项更广泛调查的一部分,该调查探讨了在这段国家紧急时期,法国和苏格兰的缓刑服务发生了什么。在最初的封锁期间,对29名法国和27名苏格兰缓刑工作人员进行了定性访谈,提交人希望在这个前所未有的时期捕捉到实施缓刑的个人和组织经验。在本文中,作者探讨了两国的缓刑工作人员如何应对封锁的消息,以及他们如何适应在这些根本改变的环境中工作。本文探讨了发生了什么,以及当绝大多数通常需要的缓刑不再可能时,剩下的是什么。该研究揭示了两国在作为人类,缓刑工作人员如何应对大流行和实施封锁方面的相似之处;它还揭示了出现的实践中的差异,这些差异反映了两种服务的不同历史根源以及它们的结构方式的差异。
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引用次数: 4
Complex complicity: A practice note from a woman of colour on the frontline 复杂的同谋:来自前线有色人种女性的练习笔记
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-04-07 DOI: 10.1177/02645505221093202
M. Rashid
I work as a Probation Officer; I have been doing this job for almost 15 years. I work primarily with men and have worked in major cities in England. I am a minority in England, both ethnically and religiously. I am a woman, and my family are migrants from Africa, and their grandparents were indentured labour from India. In all the ways I am different, I also often share histories of migration, of minority experience and of being an outsider with many of those I work with. This is the conversation I have with myself most mornings: Can you consider yourself an activist? I ask myself. Can you call yourself an activist, an anti-racist whilst working within this criminal justice system? Can you continue in this work and not betray yourself, your Muslim-ness, your brown-ness, your working class-ness, your immigrant-ness?
我是一名缓刑监督官;我做这份工作已经快15年了。我主要与男性合作,并在英国的主要城市工作过。在英国,我在种族和宗教上都是少数民族。我是一名女性,我的家人是来自非洲的移民,他们的祖父母是来自印度的契约劳工。尽管我在所有方面都与众不同,但我也经常与我的许多同事分享移民的历史、少数民族的经历以及作为局外人的经历。这是我每天早晨都会和自己进行的对话:你能把自己看作一个激进分子吗?我问自己。在这个刑事司法系统里工作的同时,你能自称是一个积极分子,一个反种族主义者吗?你能继续这项工作而不出卖你自己,你的穆斯林身份,你的棕色身份,你的工人阶级身份,你的移民身份吗?
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引用次数: 1
What works in promoting ‘What Works’? A comment on Sanders, Jones and Briggs 什么对宣传“什么有效”有效?评桑德斯、琼斯和布里格斯
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-03-16 DOI: 10.1177/02645505221087977
P. Raynor
This short article is a comment on the recent proposal of a What Works Centre for probation ( Sanders, Jones and Briggs, 2021). Any new ‘What Works’ initiative needs to be informed by the patchy and uneven history of research on the effectiveness of probation in England and Wales. Problems have included, at various times, failure to keep up with research in other countries; over-dependency on government departments to conduct and fund research; poor planning and/or implementation of experimental projects; excessive managerialism, and failure to engage practitioners in a research culture. Unless they are avoided, these problems will hamper any new initiative.
这篇短文是对What Works Centre最近提出的缓刑建议的评论(Sanders,Jones和Briggs,2021)。任何新的“什么有效”倡议都需要了解英格兰和威尔士缓刑有效性研究的不完整和不均衡的历史。问题包括,在不同时期,未能跟上其他国家的研究;过度依赖政府部门开展和资助研究;实验项目规划和(或)实施不力;过度的管理主义,以及未能让从业者参与研究文化。除非避免这些问题,否则这些问题将阻碍任何新的倡议。
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引用次数: 0
Plus ça change? Women and the criminal justice system 加上变化?妇女与刑事司法系统
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-03-01 DOI: 10.1177/02645505221082861
N. Carr
This issue of the journal contains several articles that focus on women in the criminal justice system. These traverse a range of different geographical contexts, including Lithuania, Catalonia, the United States and England and Wales, and explore issues ranging from probation staff perspectives to women’s experiences of victimisation. and stigmatization. A common theme of many of the contributions is the pervasive impacts of systemic failures that mean that the criminal justice system becomes the point of recourse for addressing social needs. This is a longstanding refrain echoed in a plethora of research on women and the criminal justice system, so much so that that is has become depressingly familiar. So too are responses that situate the solution within the purview of the criminal justice system. The National Audit Office has just published a report on the outcomes for women in the criminal justice system in England and Wales (NAO, 2022). The report cites familiar data regarding the profile of women in the criminal justice system, including the fact that while the female prison population remains relatively low (4%), the preponderance of custodial sentences are for less than 12 months (77%), and reoffending rates on release from custody remain stubbornly high. 71% if women reoffended following custodial sentences of less than 12 months in 2016 (NAO, 2022). Notwithstanding the wealth of evidence regarding the harmful effects of custody and the ineffectiveness of prison sentences in reducing offending, the government has recently committed to the expansion of the prison estate. In 2021 the Ministry of Justice announced plans to expand provision by building up to 500 additional prison places for women at an estimated cost of £200 million. This forecast expenditure contrasts with just £9.5 million allocated by the Ministry to fund services for women in the community between 2018 and 2022, and an allocation of £4.8 million in 2020–2022 towards developing five planned Residential Women’s Centres (RWCs), which are intended to reduce the numbers of women remanded into custody (NAO, 2022). The National Audit Office’s analysis of this imbalanced expenditure, which they assess in light of the government’s own policy commitments set out in the Female Offender Strategy, (MoJ, 2018) makes for stark reading. The Female Offender Strategy included plans to reduce the number of women entering the criminal justice system by providing support in the community at an earlier stage; have fewer women in custody (especially for short sentences) and utilise community sentences to a greater degree, where appropriate, and to create better conditions for women in custody, including increased supports on release (MoJ, 2018). Editorial The Journal of Community and Criminal Justice
本期杂志载有几篇关于刑事司法系统中的妇女问题的文章。这些作品跨越了一系列不同的地理背景,包括立陶宛、加泰罗尼亚、美国、英格兰和威尔士,并探讨了从缓刑工作人员的角度到女性受害经历等问题。和偏见。许多贡献的一个共同主题是系统失败的普遍影响,这意味着刑事司法系统成为解决社会需求的追索点。在大量关于女性和刑事司法系统的研究中,这是一个长期存在的重复,以至于它已经变得令人沮丧地熟悉。将解决方案置于刑事司法系统范围内的反应也是如此。国家审计署刚刚发布了一份关于英格兰和威尔士刑事司法系统中女性结果的报告(NAO, 2022)。该报告引用了一些关于女性在刑事司法系统中的情况的熟悉数据,包括这样一个事实:虽然女性监狱人口相对较少(4%),但监禁刑期不到12个月的占多数(77%),而且刑满释放后的再犯罪率仍然居高不下。2016年,在监禁期不足12个月后再犯的女性占71% (NAO, 2022)。尽管有大量证据表明监禁的有害影响和监禁判决在减少犯罪方面效果不佳,但政府最近仍致力于扩大监狱的规模。2021年,司法部宣布了一项扩大供应的计划,预计耗资2亿英镑,为女性增加500个监狱名额。这一预测支出与该部在2018年至2022年期间为社区妇女服务拨款的950万英镑形成鲜明对比,并在2020年至2022年拨款480万英镑用于发展五个计划中的住宿妇女中心(RWCs),旨在减少被拘留的妇女人数(NAO, 2022)。国家审计署(National Audit Office)根据政府在《女性罪犯战略》(MoJ, 2018)中提出的政策承诺,对这种不平衡的支出进行了分析,得出了鲜明的结论。“女性罪犯战略”包括通过在早期阶段在社区提供支持来减少进入刑事司法系统的妇女人数的计划;减少女性在押人数(特别是短期监禁),并酌情在更大程度上利用社区判决,并为在押女性创造更好的条件,包括增加释放支持(司法部,2018年)。社论《社区与刑事司法杂志》
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引用次数: 0
In court 法庭
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-03-01 DOI: 10.1177/02645505211066356
N. Stone
Aged 18, without prior convictions and living with her new partner (T.), B. had just received a message that another young woman (S.) was pregnant by him and confronted him. When he denied any knowledge of S. she put her arm round his throat from behind as he sat on a sofa, holding a substantial kitchen knife to his chest for a sustained period while telling him that she wanted to kill him and then herself. When she had let go of him T. called the police; she told the officers what she had done. Following her guilty plea to making threat to kill, a PSR (pre-sentence report) described her as ‘child-like’, vulnerable and presenting as younger than her age, proposing a community order with a rehabilitative activity requirement to address her thinking skills and developmental maturation needs. A psychiatric report similarly noted her ‘developmental delay’, impulsivity and learning difficulties, and her history of anxiety and depression, in tandem with ASD (autism spectrum disorder) and ADHD. Agreeing that this was ‘a very sad case’, the judge observed that B. was ‘incapable of controlling her anger’. Application of the relevant Guideline (Intimidatory Offences, 2018) indicated higher culpability (Level A) (given the presence of a visible weapon and an offence in the victim’s home) and harm at Level 2 (distress and psychological harm short of very serious and significant – T. had submitted a victim statement attesting to the flashbacks he was experiencing), thus indicating a starting point of 24 months’ custody with a range between 12 and 48 months. Adopting that starting point and giving full credit for plea, the judge imposed 16 months’ YOI detention, remarking that if the defendant had been a man and his victim a woman, there would be an outcry were he not to impose a sentence of immediate custody. The Journal of Community and Criminal Justice
18岁的B.没有前科,与她的新伴侣(T.)住在一起。她刚刚收到另一名年轻女子(S.)被他怀上的信息,并与他对峙。当他否认知道S时,当他坐在沙发上时,她用手臂从背后掐住他的喉咙,用一把大菜刀在他的胸口持续了一段时间,同时告诉他她想杀了他,然后自杀。当她放开他时,T报了警;她把自己的所作所为告诉了警察。在她对威胁杀人认罪后,一份PSR(判决前报告)将她描述为“像孩子一样”、脆弱且表现得比她的年龄小,并提出了一项社区命令,要求她进行康复活动,以满足她的思维技能和发育成熟需求。一份精神病报告同样指出了她的“发育迟缓”、冲动和学习困难,以及焦虑和抑郁史,以及自闭症谱系障碍和多动症。法官同意这是一个“非常可悲的案件”,并指出B.“无法控制自己的愤怒”。相关指南(恐吓罪,2018)的适用表明,更高的罪责(A级)(考虑到受害者家中存在可见武器和犯罪行为)和2级伤害(痛苦和心理伤害不属于非常严重和重大的伤害——T提交了一份受害者陈述,证明了他正在经历的闪回),从而指示24个月的监护期的起始点,监护期的范围在12至48个月之间。法官采纳了这一出发点,并对认罪给予了充分的赞扬,判处了16个月的YOI拘留,并表示如果被告是一名男性,而受害者是一名女性,如果他不判处立即拘留,就会引起强烈抗议。社区与刑事司法杂志
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引用次数: 0
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PROBATION JOURNAL
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