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Miscellany of sentencing issues 量刑问题杂录
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-11-29 DOI: 10.1177/02645505211058094b
Aged in his mid-30s with a substantial criminal record, some convictions involving violence, B. was subject of security intelligence while a serving prisoner at HMP Lindholme alleging that he had an unauthorised item acquired through his employment in an industrial workshop. When challenged he produced an improvised weapon, a piece of metal sharpened to a point and attached to a handle, described by the judge as ‘fairly fearsome’ and capable of causing ‘real damage’. On pleading guilty to possession of a bladed or sharply pointed article (Prison Act 1952 s40CA) B. was committed to the Crown Court for sentence, incurring 10 months imprisonment. The judge had placed the offence within Culpability category A (possession of bladed article or ‘highly dangerous weapon’*), as set out in the relevant Guideline (Bladed Articles and Offensive Weapons, 2018) starting point after contested trial of 18 months with a range between 12 and 30 months. On appeal it was argued on B.’s behalf that he should have been sentenced by reference to Culpability category C [‘possession of weapon (other than a bladed article or a highly dangerous weapon) – not used to threaten or cause fear’] – thus indicating a starting point of 6 months with a range between 3 and 12 months. The Court of Appeal gave this argument short shrift, observing that the judge had been fully justified in ‘treating this dangerous sharply pointed implement as akin to a bladed article for sentencing purposes’. Appeal dismissed.
现年30多岁的B有着丰富的犯罪记录,其中一些定罪涉及暴力,他在HMP Lindholme监狱服刑期间接受了安全情报调查,声称他在一个工业车间工作时获得了未经授权的物品。当受到质疑时,他制作了一件简易武器,一块金属尖锐地固定在把手上,法官称其“相当可怕”,能够造成“真正的伤害”。在承认持有刀片或尖锐物品(1952年《监狱法》第40CA条)后,B.被移交刑事法院判刑,判处10个月监禁。法官在经过18个月(12至30个月)的有争议的审判后,将该罪行列为相关指南(带刃物品和攻击性武器,2018)中规定的A级(持有带刃物品或“高度危险武器”*)。在上诉中,代表B.辩称,他本应根据C类可罪性[“携带武器(除带刃物品或高度危险的武器外)——不用于威胁或引起恐惧”]被判刑,因此表明起点为6个月,范围在3至12个月之间。上诉法院对这一论点不予理会,认为法官“出于量刑目的,将这种危险的尖锐器具视为类似于带刃物品”是完全合理的。上诉被驳回。
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引用次数: 0
Suspension of sentence 缓刑
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-11-29 DOI: 10.1177/02645505211058094a
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引用次数: 0
States of exception? Criminal justice systems and the COVID response 例外状态?刑事司法系统和COVID应对措施
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-11-29 DOI: 10.1177/02645505211064071
This Special Issue of the journal explores the ways in which different countries adapted probation services in response to the public health restrictions imposed in the wake of the COVID-19 pandemic. The issue contains contributions from several jurisdictions including Austria, the Netherlands, England and Wales and Scotland. A notable feature is the way probation services, like in many other areas of life, were required to adapt rapidly to restrictions in face-to-face contact, necessitating a move towards online modes of engagement. These included models of ‘blended supervision’ involving phone contacts and door-stop visits, videocalls and other uses of technology. Many of the contributions to the issue note both the potential benefits of more adaptative use of technology (including increased compliance), and more creative approaches to supervision, as well as the downsides in terms of meaningful engagement. Dominey and colleagues explore the implementation of a blended approach to supervision in a Community Rehabilitation Company (CRC) in England in the summer of 2020 following the implementation of an Exceptional Delivery Model (HMIP, 2020). Their research, which focused on staff experiences of the changes in practice during this time, highlights some important findings about the blurring of the boundaries between work and home life, in the context where most people were required to work from home. This theme is also picked up in Phillips’ and colleagues’ research of practice within theNational Probation Service (NPS). As well as having to adapt to different ways of working, staff found themselves in situations where they were dealing with difficult and sensitive information in their own living spaces. This ‘work-life spill over’was particularly difficult in the context of isolation from colleagues and where the space to discuss ongoing challenges or seek support was diminished. In Austria, as Stempkowski andGrafl document, the restrictions led to similar adaptions, and while most probation staff reported the ability to maintain contacts with their clients, there were challenges for some clients because of accessibility (not having a telephone, a suitable residence, or language barriers). In the Netherlands research with staff and supervisees conducted by Sturm and colleagues also showed, differential impacts. Some services users found the move to online supervision to be less intrusive. Less of their time and money was taken up with the requirement to attend meetings, and so some of the ‘pains of supervision’ (see Durnescu, 2011), were Editorial The Journal of Community and Criminal Justice
本期特刊探讨了不同国家如何调整缓刑服务,以应对新冠肺炎大流行后实施的公共卫生限制。本期杂志收录了奥地利、荷兰、英格兰和威尔士以及苏格兰等多个司法管辖区的稿件。一个显著的特点是,与生活中的许多其他领域一样,缓刑服务被要求迅速适应面对面接触的限制,这就需要转向在线参与模式。其中包括“混合监督”模式,包括电话联系、上门拜访、视频通话和其他技术使用。对这一问题的许多贡献既指出了更具适应性地使用技术(包括提高合规性)和更具创造性的监督方法的潜在好处,也指出了有意义的参与方面的不利因素。Dominey及其同事在实施特殊交付模式(HMIP,2020)后,于2020年夏天在英格兰的一家社区康复公司(CRC)探索了混合监管方法的实施。他们的研究重点关注员工在此期间实践变化的经历,强调了在大多数人被要求在家工作的背景下,工作和家庭生活之间界限模糊的一些重要发现。菲利普斯及其同事对国家缓刑管理局(NPS)实践的研究也提到了这一主题。除了必须适应不同的工作方式外,工作人员还发现自己在自己的生活空间里处理困难和敏感的信息。这种“工作-生活溢出”在与同事隔离的情况下尤其困难,在这种情况下,讨论持续挑战或寻求支持的空间减少了。正如Stempkowski和Grafl所记录的那样,在奥地利,这些限制导致了类似的适应,尽管大多数缓刑监督人员报告说有能力与客户保持联系,但由于无障碍(没有电话、合适的住所或语言障碍),一些客户面临着挑战。在荷兰,Sturm及其同事对员工和被监管人员进行的研究也表明,存在差异性影响。一些服务用户发现,转向在线监管的做法侵扰性较小。他们更少的时间和金钱被要求参加会议所占用,因此一些“监督的痛苦”(见Durnescu,2011)是社论《社区与刑事司法杂志》
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引用次数: 0
Putting a face to a name: Telephone contact as part of a blended approach to probation supervision 把面孔和名字联系起来:电话联系是缓刑监督混合方法的一部分
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-11-10 DOI: 10.1177/02645505211050870
Jane Dominey, David Coley, K. Devitt, Jess Lawrence 
This article is about the experience of telephone supervision from the perspective of practitioners. It is set in the context of the Covid-19 pandemic, which changed and challenged the nature of probation supervision and required service users and supervisors to communicate remotely, using the telephone, rather than by meeting face-to-face. The article explores some of the impacts and consequences of telephone contact and examines the extent to which this approach has a part to play in future, post-pandemic, ways of working. The article draws on findings from a research project examining remote supervision practice during the pandemic. Fieldwork (comprising an online survey and a series of semi-structured interviews) was conducted between July and September 2020 in three divisions within an English community rehabilitation company. The article reinforces the importance of face-to-face work in probation practice but suggests that there is scope to retain some use of telephone supervision as part of a future blended practice model. Further thinking about telephone supervision might consider these three themes identified in the research: remote working limits the sensory dimension of supervision, relationships remain at the heart of practice, and good practice requires professional discretion.
本文从从业人员的角度谈电话监管的经验。新冠肺炎疫情改变并挑战了缓刑监管的性质,要求服务用户和监管人员通过电话进行远程沟通,而不是面对面交流。本文探讨了电话联系的一些影响和后果,并审查了这种方法在大流行后的未来工作方式中发挥作用的程度。这篇文章借鉴了一个研究大流行期间远程监督实践的研究项目的结果。实地调查(包括在线调查和一系列半结构化访谈)于2020年7月至9月在一家英语社区康复公司的三个部门进行。这篇文章强调了在缓刑实践中面对面工作的重要性,但建议保留一些电话监督的使用,作为未来混合实践模式的一部分。进一步思考电话监督可以考虑研究中确定的三个主题:远程工作限制了监督的感官维度,关系仍然是实践的核心,良好的实践需要专业的判断力。
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引用次数: 12
How probation officers understand and work with people on community supervision sentences to enhance compliance 感化主任如何理解及与被判社区监督的人士合作,以提高他们的依从性
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-10-28 DOI: 10.1177/02645505211041579
E. M. Norman, L. Wilson, N. Starkey, D. Polaschek
This study aimed to explore, describe, and interpret New Zealand probation officers’ insights into supervisees’ non-compliance with community sentences. Seventeen probation officers participated in two focus groups. Probation officers viewed problems with cognitive skills as a key barrier to sentence compliance. They reported that these problems underpinned other factors linked to compliance, such as meeting basic needs and skill acquisition. Probation officers employed a number of social worker oriented evidenced-based strategies, including building high-quality relationships and being flexible, along with modification of sentence requirements to increase supervisee compliance, especially with supervisees who faced considerable obstacles when engaging with a community sentence.
本研究旨在探讨、描述和解读新西兰缓刑官对被监管人不遵守社区判决的见解。17名缓刑官参加了两个焦点小组。缓刑官员认为,认知技能问题是判决依从性的主要障碍。他们报告说,这些问题支持了与遵守有关的其他因素,例如满足基本需求和获得技能。缓刑官采用了一些以社会工作者为导向的循证策略,包括建立高质量的关系和灵活变通,以及修改刑期要求,以提高被监管人的依从性,特别是那些在接受社区判决时面临相当大障碍的被监管人。
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引用次数: 5
Pervasive punishment in a pandemic 流行病中普遍存在的惩罚
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-10-28 DOI: 10.1177/02645505211050871
R. Casey, F. McNeill, Betsy Barkas, N. Cornish, C. Gormley, M. Schinkel
In this paper, we draw on data from a recent study of how Covid-19 and related restrictions impacted on vulnerable and/or marginalised populations in Scotland (Armstrong and Pickering, 2020), including justice-affected people (i.e. people in prison and under supervision, their families and those that work with them; see Gormley et al., 2020). Focusing here mainly on interviews with people released from prison and others under community-based criminal justice supervision, we explore how the pandemic impacted on their experiences. Reflecting upon and refining previous analyses of how supervision is experienced as ‘pervasive punishment’ ( McNeill, 2019), we suggest that both the pandemic and public health measures associated with its suppression have changed the ‘pains’ and ‘gains’ of supervision ( Hayes, 2015), in particular, by exacerbating the ‘suspension’ associated with it. We conclude by discussing the implications of our findings for the pursuit of justice in the recovery from Covid-19.
在这篇论文中,我们利用了最近一项研究中的数据,该研究涉及新冠肺炎和相关限制措施如何影响苏格兰的弱势和/或边缘化人口(Armstrong和Pickering,2020),包括受司法影响的人(即监狱和监管下的人、他们的家人和与他们一起工作的人;见Gormley等人,2020)。在这里,我们主要关注对从监狱获释的人和其他在社区刑事司法监督下的人的采访,探讨疫情如何影响他们的经历。反思并完善了之前对监管如何被视为“普遍惩罚”的分析(McNeill,2019),我们认为,疫情和与其抑制相关的公共卫生措施都改变了监管的“痛苦”和“收获”(Hayes,2015),尤其是加剧了与之相关的“暂停”。最后,我们讨论了我们的调查结果对新冠肺炎康复过程中寻求正义的影响。
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引用次数: 6
‘Lockdown's changed everything’: Mothering adult children in prison in the UK during the COVID-19 pandemic “封锁改变了一切”:在2019冠状病毒病大流行期间,英国监狱里的成年子女
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-10-28 DOI: 10.1177/02645505211050855
K. Lockwood
The COVID-19 pandemic occurred at a time when families of prisoners were gaining visibility in both academia and policy. Research exploring the experiences of families of prison residents has tended to focus on intimate partners and children, despite parents of those in prison being more likely than partners or children to maintain contact. The small body of work focusing on parents has identified their continued care for their children and highlights the burden of providing this care. With the ethics of care posing an ideological expectation on women to provide familial care, the care for adult children in custody is likely to fall to mothers. However, with restricted prison regimes, the pandemic has significantly impeded mothers’ ability to provide this ‘care’. Adopting a qualitative methodology, this paper explores the accounts of mothers to adult children in custody during the pandemic across two UK prison systems, England and Wales, and Scotland; exploring the negotiation of mothering in the context of imprisonment and the pandemic and highlighting important lessons for policy and practice.
2019冠状病毒病大流行发生时,囚犯家属在学术界和政策中都越来越受关注。尽管监狱囚犯的父母比伴侣或孩子更有可能保持联系,但对监狱囚犯家庭经历的研究往往集中在亲密伴侣和孩子身上。关注父母的一小部分工作已经确定了他们对孩子的持续照顾,并强调了提供这种照顾的负担。由于照顾伦理对妇女提供家庭照顾的意识形态期望,成年子女的照顾很可能落在母亲身上。然而,由于监狱制度受到限制,这一流行病严重妨碍了母亲提供这种"照顾"的能力。本文采用定性方法,探讨了英国两个监狱系统(英格兰和威尔士以及苏格兰)在大流行期间被拘留的成年子女的母亲账户;探讨在监禁和大流行病背景下谈判育儿问题,强调政策和实践的重要经验教训。
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引用次数: 2
‘I don't like this job in my front room’: Practising probation in the COVID-19 pandemic “我不喜欢在我的前室做这份工作”:在新冠肺炎大流行中实习
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-10-26 DOI: 10.1177/02645505211050867
J. Phillips, C. Westaby, Sam Ainslie, Andrew Fowler
The Exceptional Delivery Model for probation practice in England and Wales meant that probation practitioners predominantly worked from home during the COVID-19 pandemic, engaging and supervising service-users remotely. This article explores the impact of the Exceptional Delivery Model on staff and their practice. We begin by considering how probation practice changed because of the implementation of the Exceptional Delivery Model and the impact that this has had on probation staff. The reality of probation work is brought into perspective when there are children in the home and the demarcation of work and home life is easily blurred, especially when considered through the lens of ‘emotional dirty work’. We then present analysis of interviews with 61 practitioners and managers in the National Probation Service. The interviews were primarily focused on staff wellbeing and emotional labour as opposed to the impact of the pandemic, but participants regularly raised the pandemic in discussions. We focus on three key themes: the challenges of working from home and remote communication, experiences of managing risk through doorstep visits and the spill over of probation work into personal lives. The article concludes by considering what the findings tell us about probation work and potential future implications.
英格兰和威尔士缓刑实践的特殊交付模式意味着,在新冠肺炎大流行期间,缓刑从业者主要在家工作,远程参与和监督服务用户。本文探讨了特殊交付模式对员工及其实践的影响。我们首先考虑试用期实践是如何因实施特殊交付模式而发生变化的,以及这对试用期员工的影响。当家里有孩子,工作和家庭生活的界限很容易模糊时,尤其是当从“情感肮脏的工作”的角度考虑时,缓刑工作的现实就变得清晰起来。然后,我们分析了对国家缓刑管理局61名从业者和管理人员的采访。采访主要关注员工的健康和情绪劳动,而不是疫情的影响,但参与者经常在讨论中提出疫情。我们关注三个关键主题:在家工作和远程沟通的挑战,通过上门拜访管理风险的经验,以及缓刑工作对个人生活的影响。文章最后考虑了这些发现告诉我们的关于缓刑工作的信息以及潜在的未来影响。
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引用次数: 12
Probationary services in a pandemic. Results from an empirical study in Austria 大流行期间的见习服务奥地利实证研究结果
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-10-26 DOI: 10.1177/02645505211050863
Monika Stempkowski, C. Grafl
In March 2020 the first lockdown due to COVID-19 was imposed in Austria, forcing NEUSTART, the organisation providing probationary services, to adapt the way of interacting with their clients. An online survey was conducted examining how these changes affected the everyday work of the probation officers. Results indicated that they managed to stay in contact with their clients, although difficulties could be observed concerning specific groups. Further questions concerned areas such as domestic violence, strains due to the restrictions experienced as well as coping strategies used by the clients. Concerning the well-being of the probation officers, differences were found between residents of urban and rural areas respectively as well as between people living with or without children. The lack of personal contact with clients and colleagues proved to be the most important source of discomfort, while at the same time working from home entailed certain advantages.
2020年3月,奥地利因COVID-19实施了第一次封锁,迫使提供试用服务的NEUSTART组织调整与客户的互动方式。一项在线调查调查了这些变化对缓刑官日常工作的影响。结果表明,他们设法与客户保持联系,尽管可以观察到特定群体的困难。进一步的问题涉及诸如家庭暴力、由于所经历的限制而造成的紧张以及客户使用的应对策略等领域。在缓刑官的幸福感方面,城乡居民之间以及有无子女的人之间存在差异。事实证明,与客户和同事缺乏个人接触是不舒服的最重要原因,而与此同时,在家工作也有一定的优势。
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引用次数: 7
‘Yes, I can hear you now …’ Online working with probationers in the Netherlands: New opportunities for the working alliance “是的,我现在能听到你的声音……”在荷兰与见习者在线合作:工作联盟的新机遇
IF 1.5 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2021-10-26 DOI: 10.1177/02645505211050869
Annelies Sturm, S. Robbers, Renée Henskens, V. de Vogel
Since the start of the COVID-19 pandemic, online supervision has increased markedly, including within the Dutch probation services. In the present research, we systematically collected and analysed both clients and probation officers’ experiences of working online in the prior year. Although the clients were generally positive about remote supervision, some expressed that they missed the personal contact. According to most of the probation officers, remote working is flexible (efficient, saves time, travel costs), appropriate for certain phases of the probation process (especially at a later stage when a working alliance has been established) and particularly suitable for probationers with mild problems and low risk profiles. The general experience was that conversations are both more pragmatic and business-like, which, in turn, can produce both strengths and limitations. Once a foundation has been established, it appears to be possible to continue working remotely with clients, albeit the probation officers stressed that this depended on the type of client, type of offence and risk level.
自新冠肺炎疫情开始以来,在线监督显著增加,包括在荷兰缓刑服务机构内。在本研究中,我们系统地收集和分析了客户和缓刑监督官上一年的在线工作经历。尽管客户普遍对远程监督持积极态度,但一些人表示他们错过了个人联系。根据大多数缓刑监督官的说法,远程工作是灵活的(高效、节省时间和差旅成本),适合缓刑过程的某些阶段(尤其是在建立工作联盟的后期),特别适合问题轻微、风险较低的缓刑犯。一般的经验是,对话更务实,更像商业,这反过来又会产生优势和局限性。一旦成立了基金会,似乎就有可能继续与客户远程合作,尽管缓刑监督官强调,这取决于客户的类型、犯罪类型和风险水平。
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引用次数: 9
期刊
PROBATION JOURNAL
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