Pub Date : 2023-04-18DOI: 10.1177/17488958231161437
A. Corda, Marti Rovira, Andrew Henley
In this article, we highlight the existence and expansion of so-called ‘collateral consequences’ (CCs) of criminal records in Europe to challenge the prevalent view that these are features of the claimed ‘American exceptionalism’ within the penal field. First, we consider how CCs have been widely presented as a quintessential example of American penal exceptionalism within extant scholarship before problematising the adoption of such a framework from a European perspective. Second, we demystify the issue of CCs within Europe by highlighting the deleterious effects which CCs have on the lives of European people with a criminal record. Third, we consider precisely what can be regarded as ‘exceptional’ about CCs in the United States as compared to Europe by analysing key areas of possible differentiation. We conclude by cautioning against the view that European penality is necessarily – and always homogeneously and consistently – ‘progressive’ in relation to its treatment of criminal records and criminal record subjects. We also suggest that far greater attention and vigilance is required from criminologists and criminal justice scholars regarding the expansion and operation of CCs in Europe.
{"title":"Collateral consequences of criminal records from the other side of the pond: How exceptional is American penal exceptionalism?","authors":"A. Corda, Marti Rovira, Andrew Henley","doi":"10.1177/17488958231161437","DOIUrl":"https://doi.org/10.1177/17488958231161437","url":null,"abstract":"In this article, we highlight the existence and expansion of so-called ‘collateral consequences’ (CCs) of criminal records in Europe to challenge the prevalent view that these are features of the claimed ‘American exceptionalism’ within the penal field. First, we consider how CCs have been widely presented as a quintessential example of American penal exceptionalism within extant scholarship before problematising the adoption of such a framework from a European perspective. Second, we demystify the issue of CCs within Europe by highlighting the deleterious effects which CCs have on the lives of European people with a criminal record. Third, we consider precisely what can be regarded as ‘exceptional’ about CCs in the United States as compared to Europe by analysing key areas of possible differentiation. We conclude by cautioning against the view that European penality is necessarily – and always homogeneously and consistently – ‘progressive’ in relation to its treatment of criminal records and criminal record subjects. We also suggest that far greater attention and vigilance is required from criminologists and criminal justice scholars regarding the expansion and operation of CCs in Europe.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"528 - 548"},"PeriodicalIF":1.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46163687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.1177/17488958231162519
Leandro Gastón, C. Carnevale
The current growth of criminal background screening for non-criminal justice purposes observed in the Global North is also found in Latin America. The aim of this article is twofold. First, it contextualises, analyses and discusses recent changes in criminal record policies in Latin American jurisdictions. Second, the article focuses on Argentina – a jurisdiction that has not passed any significant reforms to mitigate the disclosure and the effects of criminal records for employment purposes. Specifically, attention is devoted to worker co-operatives created and owned by people with a criminal record – a strategy specifically designed to overcome post-sentence discrimination in the employment setting. Through the analysis of semi-structured interviews conducted with members of Argentine worker co-operatives, we explore the reasons behind the establishment of these organisations as well as their advantages in terms of reintegration and desistance from crime. The article concludes by examining the extent to which this ‘resistance strategy’ against stigma and discrimination in the labour market can be replicated in other countries of the region.
{"title":"Criminal records and employment restrictions in Argentina: Between post-sentence discrimination and resistance strategies","authors":"Leandro Gastón, C. Carnevale","doi":"10.1177/17488958231162519","DOIUrl":"https://doi.org/10.1177/17488958231162519","url":null,"abstract":"The current growth of criminal background screening for non-criminal justice purposes observed in the Global North is also found in Latin America. The aim of this article is twofold. First, it contextualises, analyses and discusses recent changes in criminal record policies in Latin American jurisdictions. Second, the article focuses on Argentina – a jurisdiction that has not passed any significant reforms to mitigate the disclosure and the effects of criminal records for employment purposes. Specifically, attention is devoted to worker co-operatives created and owned by people with a criminal record – a strategy specifically designed to overcome post-sentence discrimination in the employment setting. Through the analysis of semi-structured interviews conducted with members of Argentine worker co-operatives, we explore the reasons behind the establishment of these organisations as well as their advantages in terms of reintegration and desistance from crime. The article concludes by examining the extent to which this ‘resistance strategy’ against stigma and discrimination in the labour market can be replicated in other countries of the region.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"608 - 628"},"PeriodicalIF":1.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42772724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.1177/17488958231162512
Lili Dao
Roughly, 13% of Canada’s adult population has some kind of criminal record. Collateral consequences stemming from a criminal record are wide-ranging, from formal restrictions to more informal forms of exclusions. In this article, I argue that Canada exhibits a distinct and dual approach with regard to collateral consequences. A commitment to principles, such as human dignity, rehabilitation, proportionality and individualisation in sentencing, especially by the courts, has increasingly mitigated the impact of collateral consequences in many areas. Yet, these interventions to limit collateral consequences have been far more uncommon for immigration-related collateral consequences, where the impact of a criminal conviction has only expanded in the last decades. This suggests the centrality of the criminalisation of migration in Canada’s bordering regime and its role in drawing boundaries between desirable and undesirable migrants. This dual nature of collateral consequences also sends a message about who is, and who is not, deserving of second chances.
{"title":"Mitigating and bordering: The dual nature of Canadian collateral consequences of conviction","authors":"Lili Dao","doi":"10.1177/17488958231162512","DOIUrl":"https://doi.org/10.1177/17488958231162512","url":null,"abstract":"Roughly, 13% of Canada’s adult population has some kind of criminal record. Collateral consequences stemming from a criminal record are wide-ranging, from formal restrictions to more informal forms of exclusions. In this article, I argue that Canada exhibits a distinct and dual approach with regard to collateral consequences. A commitment to principles, such as human dignity, rehabilitation, proportionality and individualisation in sentencing, especially by the courts, has increasingly mitigated the impact of collateral consequences in many areas. Yet, these interventions to limit collateral consequences have been far more uncommon for immigration-related collateral consequences, where the impact of a criminal conviction has only expanded in the last decades. This suggests the centrality of the criminalisation of migration in Canada’s bordering regime and its role in drawing boundaries between desirable and undesirable migrants. This dual nature of collateral consequences also sends a message about who is, and who is not, deserving of second chances.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":" 2","pages":"588 - 607"},"PeriodicalIF":1.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41252267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.1177/17488958231161427
E. V. Zand-Kurtovic, M. Boone
The Netherlands has endorsed a unique system regarding the management, disclosure and screening of criminal records. Disclosure to third parties is strongly restricted, yet all (potential) employees can request a government agency to provide a risk assessment − known as a Certificate of Conduct (‘VOG’ in Dutch) − for every kind of employment application to determine whether they are fit for a given job. This article explains how and why this Dutch policy approach, deemed respectful of individual privacy rights, can nonetheless go hand in hand with the promotion, proliferation and pervasiveness of criminal record screening. It challenges the often dichotomic approach of the comparative literature on criminal record policies and helps understand that privacy protection alone cannot be fully equated with the rehabilitation and re-entry in society of people with a criminal history. Although the Dutch criminal record system avoids any unnecessary publicity of criminal record data, it nonetheless triggers adverse impairments on reintegration processes through stigmatisation and exclusion resulting from the ubiquitous use of Certificates of Conduct in the labour market. This questions the promotion of the Dutch screening instrument as an exemplary model for criminal record information sharing within Europe.
{"title":"Privacy, promotionalism and the proliferation of state-performed criminal record screening in the Netherlands: How a restrictive legal framework can still result in a steep increase of criminal background checks","authors":"E. V. Zand-Kurtovic, M. Boone","doi":"10.1177/17488958231161427","DOIUrl":"https://doi.org/10.1177/17488958231161427","url":null,"abstract":"The Netherlands has endorsed a unique system regarding the management, disclosure and screening of criminal records. Disclosure to third parties is strongly restricted, yet all (potential) employees can request a government agency to provide a risk assessment − known as a Certificate of Conduct (‘VOG’ in Dutch) − for every kind of employment application to determine whether they are fit for a given job. This article explains how and why this Dutch policy approach, deemed respectful of individual privacy rights, can nonetheless go hand in hand with the promotion, proliferation and pervasiveness of criminal record screening. It challenges the often dichotomic approach of the comparative literature on criminal record policies and helps understand that privacy protection alone cannot be fully equated with the rehabilitation and re-entry in society of people with a criminal history. Although the Dutch criminal record system avoids any unnecessary publicity of criminal record data, it nonetheless triggers adverse impairments on reintegration processes through stigmatisation and exclusion resulting from the ubiquitous use of Certificates of Conduct in the labour market. This questions the promotion of the Dutch screening instrument as an exemplary model for criminal record information sharing within Europe.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"549 - 567"},"PeriodicalIF":1.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43824356","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-18DOI: 10.1177/17488958231162514
K. Hadjimatheou
Domestic abuse disclosure schemes allow members of the public to request and receive information from police about the criminal histories of their partners, if they are at risk of abuse. In doing so, they open new pathways for disclosure of criminal record information beyond the spheres of employment and access to public services. This article reviews existing domestic abuse disclosure schemes and addresses their normative implications. Specifically, it examines the extent to which moral and legal criticisms that are frequently levelled at other kinds of criminal record checks apply equally to domestic abuse disclosure schemes. It is argued that, while domestic abuse disclosure schemes are less susceptible to criticisms of unfair disadvantage or disproportionate punishment than employer checks or other forms of third-party disclosure, they sit uneasily with respect for the moral agency and dignity of people with histories of abuse. These insights reveal the limits of a one-size-fits-all approach to analysis of criminal record disclosures, highlighting the need for more granular, crime-specific research in this field.
{"title":"An international review and normative examination of the collateral consequences of criminal record disclosures for domestic abuse","authors":"K. Hadjimatheou","doi":"10.1177/17488958231162514","DOIUrl":"https://doi.org/10.1177/17488958231162514","url":null,"abstract":"Domestic abuse disclosure schemes allow members of the public to request and receive information from police about the criminal histories of their partners, if they are at risk of abuse. In doing so, they open new pathways for disclosure of criminal record information beyond the spheres of employment and access to public services. This article reviews existing domestic abuse disclosure schemes and addresses their normative implications. Specifically, it examines the extent to which moral and legal criticisms that are frequently levelled at other kinds of criminal record checks apply equally to domestic abuse disclosure schemes. It is argued that, while domestic abuse disclosure schemes are less susceptible to criticisms of unfair disadvantage or disproportionate punishment than employer checks or other forms of third-party disclosure, they sit uneasily with respect for the moral agency and dignity of people with histories of abuse. These insights reveal the limits of a one-size-fits-all approach to analysis of criminal record disclosures, highlighting the need for more granular, crime-specific research in this field.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"648 - 668"},"PeriodicalIF":1.5,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43577115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-10DOI: 10.1177/17488958221147505
Anna Gurinskaya, Mahesh K. Nalla, Chae M. Jaynes
In this article, we examine citizens’ willingness to comply with Covid-19 prevention strategies of mandatory mask-wearing and recommended social distance/contact limitation measures from competing theoretical perspectives. These include self-control, deterrence, learning, social control theories, and fear of the infection. Data for the study come from 508 respondents from St. Petersburg—Russia’s second largest city—in May 2020, when the Covid-19 regional legislation that mandated citizens to wear masks in public went into effect. Overall, our findings suggest mixed support for various theoretical perspectives. Among the variables included in the analysis, fear of the infection is positively related to compliance with both mandated and recommended measures. Fear of Covid-19 infection, fear of punishment, and fear of disapproval on behalf of significant others that would follow non-compliance appear to be strong predictors of law-abiding behavior. Learning and self-control theories explain compliance with non-mandatory measures, but not with mask-wearing, which carried a penalty for violating the mandate.
{"title":"Fear, learning, or self-control? Predictors of Russian citizens’ compliance with mandatory and voluntary Covid-19 prevention measures","authors":"Anna Gurinskaya, Mahesh K. Nalla, Chae M. Jaynes","doi":"10.1177/17488958221147505","DOIUrl":"https://doi.org/10.1177/17488958221147505","url":null,"abstract":"In this article, we examine citizens’ willingness to comply with Covid-19 prevention strategies of mandatory mask-wearing and recommended social distance/contact limitation measures from competing theoretical perspectives. These include self-control, deterrence, learning, social control theories, and fear of the infection. Data for the study come from 508 respondents from St. Petersburg—Russia’s second largest city—in May 2020, when the Covid-19 regional legislation that mandated citizens to wear masks in public went into effect. Overall, our findings suggest mixed support for various theoretical perspectives. Among the variables included in the analysis, fear of the infection is positively related to compliance with both mandated and recommended measures. Fear of Covid-19 infection, fear of punishment, and fear of disapproval on behalf of significant others that would follow non-compliance appear to be strong predictors of law-abiding behavior. Learning and self-control theories explain compliance with non-mandatory measures, but not with mask-wearing, which carried a penalty for violating the mandate.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46401532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-09DOI: 10.1177/17488958211051506
R. Morgan
{"title":"Book review: Sensory Penalties: Exploring the Senses in Spaces of Punishment and Social Control","authors":"R. Morgan","doi":"10.1177/17488958211051506","DOIUrl":"https://doi.org/10.1177/17488958211051506","url":null,"abstract":"","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"511 - 513"},"PeriodicalIF":1.5,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46777724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Domestic violence, including intimate partner violence, increased exponentially following the Covid-19 pandemic. Nonetheless, there appears to be a paucity of research that draws on a social constructionist theoretical lens to explore women’s perspectives of the Nigerian government’s interventions addressing such violence. The study recruited 24 purposively selected female participants from Delta state, Nigeria. Informed by a social constructionist thematic analysis, findings revealed that they were a perceived sense that law enforcement agencies’ gender-biased response to domestic violence complaints and lack of awareness of legal solutions fuel domestic violence. The study recommends a randomised control trial to test the efficacy of legal education interventions in improving domestic violence awareness in Nigeria.
{"title":"Women’s perceptions of domestic, intimate partner violence and the government’s interventions in Nigeria: A qualitative study","authors":"Tarela Juliet Ike, Dung Ezekiel Jidong, Evangelyn Ebi Ayobi","doi":"10.1177/17488958221128933","DOIUrl":"https://doi.org/10.1177/17488958221128933","url":null,"abstract":"Domestic violence, including intimate partner violence, increased exponentially following the Covid-19 pandemic. Nonetheless, there appears to be a paucity of research that draws on a social constructionist theoretical lens to explore women’s perspectives of the Nigerian government’s interventions addressing such violence. The study recruited 24 purposively selected female participants from Delta state, Nigeria. Informed by a social constructionist thematic analysis, findings revealed that they were a perceived sense that law enforcement agencies’ gender-biased response to domestic violence complaints and lack of awareness of legal solutions fuel domestic violence. The study recommends a randomised control trial to test the efficacy of legal education interventions in improving domestic violence awareness in Nigeria.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"223 1","pages":"791 - 811"},"PeriodicalIF":1.5,"publicationDate":"2022-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76699180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-08DOI: 10.1177/17488958221129436
Holly Taylor-Dunn, R. Erol
Criminal justice responses to stalking in England and Wales have come under increased scrutiny following the Joint Criminal Justice Inspectorate report in 2017. In response, police forces throughout England and Wales attempted to improve their handling of stalking. In one UK police force, a project was developed to improve the identification, investigation and victim journey for domestic abuse cyberstalking offences. The project included a specialist investigation team along with a dedicated and co-located Independent Domestic Violence Advisor. This article draws on research conducted during the evaluation of the project and will evidence high levels of victim engagement, positive reports from victims and a 100% success rate in obtaining restraining orders. These findings highlight the valuable role of specialist teams with integrated, independent support for victims and suggest that the victim journey can be improved through collaborative projects between the police and specialist organisations.
{"title":"Improving the ‘victim journey’ when reporting domestic abuse cyberstalking to the police – A pilot project evaluation","authors":"Holly Taylor-Dunn, R. Erol","doi":"10.1177/17488958221129436","DOIUrl":"https://doi.org/10.1177/17488958221129436","url":null,"abstract":"Criminal justice responses to stalking in England and Wales have come under increased scrutiny following the Joint Criminal Justice Inspectorate report in 2017. In response, police forces throughout England and Wales attempted to improve their handling of stalking. In one UK police force, a project was developed to improve the identification, investigation and victim journey for domestic abuse cyberstalking offences. The project included a specialist investigation team along with a dedicated and co-located Independent Domestic Violence Advisor. This article draws on research conducted during the evaluation of the project and will evidence high levels of victim engagement, positive reports from victims and a 100% success rate in obtaining restraining orders. These findings highlight the valuable role of specialist teams with integrated, independent support for victims and suggest that the victim journey can be improved through collaborative projects between the police and specialist organisations.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"63 1","pages":"694 - 715"},"PeriodicalIF":1.5,"publicationDate":"2022-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84718265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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