Pub Date : 2021-06-09DOI: 10.1177/17488958211017372
M. Rossner, D. Tait
The COVID-19 pandemic has led to an increase in the use of video-mediated justice practices. However, such developments have already been transforming justice over the course of the previous 20 years. Scholars and legal professinals have expressed concerns over how remote appearance in court impacts perceptions of the accused. In this article, we consider some of these concerns and explore the concept of the ‘distributed court’ as a potential remedy. Unlike traditional video appearance in court, where a defendant participates remotely while all other players are co-located in the same courtroom, in a distributed court all participants meet in a shared virtual space. Such a configuration is similar to the virtual courts developed worldwide during the COVID-19 pandemic. We draw on a reimagining of co-presence from scholars in the sociology of technology to elaborate the concept of the distributed court. We then present the results of a mock jury study that examines how jurors respond to variations in court technology configurations. We find that appearing by video does not impact the likelihood of a guilty verdict. Rather, a defendant appearing alone in a dock seems to be the most prejudicial location. We find that a distributed court can communicate equality and produce a shared experience of remote participation. We conclude with a discussion of how this research can inform best practice in a future where a significant number of criminal hearings are likely to continue in a virtual format.
{"title":"Presence and participation in a virtual court","authors":"M. Rossner, D. Tait","doi":"10.1177/17488958211017372","DOIUrl":"https://doi.org/10.1177/17488958211017372","url":null,"abstract":"The COVID-19 pandemic has led to an increase in the use of video-mediated justice practices. However, such developments have already been transforming justice over the course of the previous 20 years. Scholars and legal professinals have expressed concerns over how remote appearance in court impacts perceptions of the accused. In this article, we consider some of these concerns and explore the concept of the ‘distributed court’ as a potential remedy. Unlike traditional video appearance in court, where a defendant participates remotely while all other players are co-located in the same courtroom, in a distributed court all participants meet in a shared virtual space. Such a configuration is similar to the virtual courts developed worldwide during the COVID-19 pandemic. We draw on a reimagining of co-presence from scholars in the sociology of technology to elaborate the concept of the distributed court. We then present the results of a mock jury study that examines how jurors respond to variations in court technology configurations. We find that appearing by video does not impact the likelihood of a guilty verdict. Rather, a defendant appearing alone in a dock seems to be the most prejudicial location. We find that a distributed court can communicate equality and produce a shared experience of remote participation. We conclude with a discussion of how this research can inform best practice in a future where a significant number of criminal hearings are likely to continue in a virtual format.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"135 - 157"},"PeriodicalIF":1.5,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211017372","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43052772","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 : 2021-05-24DOI: 10.1177/17488958211017384
Justin R. Ellis
Recent criminological research has developed a processual conceptualisation of scandal to analyse policing and criminal justice transgression and its attempted management. Through media content analysis and in-depth interviews with police and non-police respondents, this article applies criminological theories of scandal to a case of bystander-filmed police excessive force at the 2013 Sydney Gay and Lesbian Mardi Gras parade and uploaded to YouTube. The article renders scandal more complex than existing models, emphasising outrage and surprise in cases of bystander social media police scandals involving police excessive force, in conjunction with Mawby’s processual model. However, it argues that despite the mobilising force of outrage through social media, police capture of police complaint mechanisms and political opportunism can normalise police transgression and blur lines of responsibility. Individual transgressions can be linked to a macro, ‘chronic’ scandal of police excessive force, diminishing scandal’s conceptual and practical purchase as a police accountability lever.
{"title":"Social media, police excessive force and the limits of outrage: Evaluating models of police scandal","authors":"Justin R. Ellis","doi":"10.1177/17488958211017384","DOIUrl":"https://doi.org/10.1177/17488958211017384","url":null,"abstract":"Recent criminological research has developed a processual conceptualisation of scandal to analyse policing and criminal justice transgression and its attempted management. Through media content analysis and in-depth interviews with police and non-police respondents, this article applies criminological theories of scandal to a case of bystander-filmed police excessive force at the 2013 Sydney Gay and Lesbian Mardi Gras parade and uploaded to YouTube. The article renders scandal more complex than existing models, emphasising outrage and surprise in cases of bystander social media police scandals involving police excessive force, in conjunction with Mawby’s processual model. However, it argues that despite the mobilising force of outrage through social media, police capture of police complaint mechanisms and political opportunism can normalise police transgression and blur lines of responsibility. Individual transgressions can be linked to a macro, ‘chronic’ scandal of police excessive force, diminishing scandal’s conceptual and practical purchase as a police accountability lever.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"117 - 134"},"PeriodicalIF":1.5,"publicationDate":"2021-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211017384","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41708887","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 : 2021-05-21DOI: 10.1177/17488958211017370
Yuning Wu, Ivan Y Su, Rong Hu
Rising crime rates and strained police–community relations in China are calling for more research on people’s crime-reporting desires and associated predictors. Drawing upon survey data collected from a sample of 757 local and nonlocal residents in a large city in Southern China, this study takes the initiative to assess Chinese people’s reluctance to report crime to the police. Results show that a lower level of political efficacy, external efficacy specifically, is associated with a higher level of reluctance to report crime. The effects of group care are mixed, with the inner-circle care exerting a negative and the outer-circle care a positive association with crime-reporting desires. Furthermore, net of all controls, local hukou residents express lower levels of willingness than their nonlocal counterparts to report crime. Finally, the perception of police misconduct is the most significant and strongest predictor of Chinese people’s reluctance to report crime. These findings suggest the importance of including a combination of both policing and non-policing factors when studying crime-reporting inclination, opening up an interdisciplinary perspective for studying the issue.
{"title":"Chinese reluctance to report crime: Political efficacy, group care and hukou","authors":"Yuning Wu, Ivan Y Su, Rong Hu","doi":"10.1177/17488958211017370","DOIUrl":"https://doi.org/10.1177/17488958211017370","url":null,"abstract":"Rising crime rates and strained police–community relations in China are calling for more research on people’s crime-reporting desires and associated predictors. Drawing upon survey data collected from a sample of 757 local and nonlocal residents in a large city in Southern China, this study takes the initiative to assess Chinese people’s reluctance to report crime to the police. Results show that a lower level of political efficacy, external efficacy specifically, is associated with a higher level of reluctance to report crime. The effects of group care are mixed, with the inner-circle care exerting a negative and the outer-circle care a positive association with crime-reporting desires. Furthermore, net of all controls, local hukou residents express lower levels of willingness than their nonlocal counterparts to report crime. Finally, the perception of police misconduct is the most significant and strongest predictor of Chinese people’s reluctance to report crime. These findings suggest the importance of including a combination of both policing and non-policing factors when studying crime-reporting inclination, opening up an interdisciplinary perspective for studying the issue.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"22 1","pages":"733 - 754"},"PeriodicalIF":1.5,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211017370","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43860897","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 : 2021-05-21DOI: 10.1177/17488958211017385
Leanid Kazyrytski
This article describes the characteristics and scale of Francoist repression in Spain and analyses the potential interpretation of the mass killings of people with leftist ideology as an act of genocide in accordance with the provisions of international law. Focus is placed on the difficulties associated with the inclusion of political groups in the category of genocide victims, and the possibility of a broader interpretation of this categorization is defended. Furthermore, the present study emphasizes the influence of the positivist trend on the configuration of Francoist criminal policy and provides evidence that allows Francoist repression to be considered as genocide in full accordance with international law.
{"title":"Francoist repression in Spain and the crime of genocide","authors":"Leanid Kazyrytski","doi":"10.1177/17488958211017385","DOIUrl":"https://doi.org/10.1177/17488958211017385","url":null,"abstract":"This article describes the characteristics and scale of Francoist repression in Spain and analyses the potential interpretation of the mass killings of people with leftist ideology as an act of genocide in accordance with the provisions of international law. Focus is placed on the difficulties associated with the inclusion of political groups in the category of genocide victims, and the possibility of a broader interpretation of this categorization is defended. Furthermore, the present study emphasizes the influence of the positivist trend on the configuration of Francoist criminal policy and provides evidence that allows Francoist repression to be considered as genocide in full accordance with international law.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"22 1","pages":"676 - 693"},"PeriodicalIF":1.5,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211017385","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48242142","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 : 2021-05-21DOI: 10.1177/17488958211017390
Tobias Kammersgaard, T. F. Søgaard, M. B. Haller, Torsten Kolind, G. Hunt
Recent years have seen trends within police to use different forms of “community policing” strategies that aim to foster closer relationships and trust with citizens, as well as an orientation toward “procedural justice” in law enforcement practices. Based on 25 interviews with police officers in two different police precincts in Denmark, this article explores the policing of ethnic minority youth in so-called “ghetto” areas from the perspectives of police officers. In doing this, we describe the specific challenges and strategies in implementing such policing methods in neighborhoods where some residents display low trust or even hostility toward the police. The article sheds light on the emotional, organizational, and practical challenges involved in doing community policing in marginalized neighborhoods and the way in which this shapes how community policing is being organized in practice.
{"title":"Community policing in Danish “ghetto” areas: Trust and distrust between the police and ethnic minority youth","authors":"Tobias Kammersgaard, T. F. Søgaard, M. B. Haller, Torsten Kolind, G. Hunt","doi":"10.1177/17488958211017390","DOIUrl":"https://doi.org/10.1177/17488958211017390","url":null,"abstract":"Recent years have seen trends within police to use different forms of “community policing” strategies that aim to foster closer relationships and trust with citizens, as well as an orientation toward “procedural justice” in law enforcement practices. Based on 25 interviews with police officers in two different police precincts in Denmark, this article explores the policing of ethnic minority youth in so-called “ghetto” areas from the perspectives of police officers. In doing this, we describe the specific challenges and strategies in implementing such policing methods in neighborhoods where some residents display low trust or even hostility toward the police. The article sheds light on the emotional, organizational, and practical challenges involved in doing community policing in marginalized neighborhoods and the way in which this shapes how community policing is being organized in practice.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"23 1","pages":"98 - 116"},"PeriodicalIF":1.5,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211017390","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47570939","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 : 2021-05-21DOI: 10.1177/17488958211016848
Natalie Rutter
Much previous research has considered experiences of bereavement and loss in a prison-based setting. This overshadows the nature of bereavement within the context of community supervision and probation delivery, resulting in inadequate explorations of the potential link to persistence and/or desistance from crime. Research into desistance has predominantly focused on relationships with those who are still alive. This article evidences an emergent theme of bereavement experiences within the context of probation delivery, relationships and desistance. It draws upon narrative research undertaken within a Community Rehabilitation Company in the north of England, collected as part of a doctoral thesis. Evidence demonstrates the similarities between the process of desistance and that of bereavement with the narratives of men and women reiterating how bereavement can influence the onset of criminal or risk-taking behaviour whilst highlighting emergent evidence on how bereavement can disrupt desistance. This enables the article to highlight the importance of resilience in the process of both bereavement and desistance.
{"title":"Negotiating bereavement and loss: Influencing persistence and desistance from crime","authors":"Natalie Rutter","doi":"10.1177/17488958211016848","DOIUrl":"https://doi.org/10.1177/17488958211016848","url":null,"abstract":"Much previous research has considered experiences of bereavement and loss in a prison-based setting. This overshadows the nature of bereavement within the context of community supervision and probation delivery, resulting in inadequate explorations of the potential link to persistence and/or desistance from crime. Research into desistance has predominantly focused on relationships with those who are still alive. This article evidences an emergent theme of bereavement experiences within the context of probation delivery, relationships and desistance. It draws upon narrative research undertaken within a Community Rehabilitation Company in the north of England, collected as part of a doctoral thesis. Evidence demonstrates the similarities between the process of desistance and that of bereavement with the narratives of men and women reiterating how bereavement can influence the onset of criminal or risk-taking behaviour whilst highlighting emergent evidence on how bereavement can disrupt desistance. This enables the article to highlight the importance of resilience in the process of both bereavement and desistance.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"22 1","pages":"755 - 773"},"PeriodicalIF":1.5,"publicationDate":"2021-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211016848","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46736178","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 : 2021-05-20DOI: 10.1177/17488958211013075
S. Charman, E. Williams
The police are faced with a uniquely important role in the initiation of a process of justice. Through a framework of distributive justice, which examines both processes and outcomes of police encounters and the concrete and symbolic resources at their disposal, this paper seeks to analyse data from three policing projects over a 16-year period. The findings indicate a remarkably consistent story of barriers to justice which preclude the opportunity to access justice or of a satisfactory outcome or indeed any outcome at all. The lack of allocated concrete or symbolic resources was evident in complainants receiving limited time, investigation and voice. This paper argues that there is evidence of an unfair and inequitable distribution of resources to victims and potential victims of crime which is enabled by police discretion, justified by focusing on deservedness and personal choice and encouraged by the cultural language of stigmatisation of people and place.
{"title":"Accessing justice: The impact of discretion, ‘deservedness’ and distributive justice on the equitable allocation of policing resources","authors":"S. Charman, E. Williams","doi":"10.1177/17488958211013075","DOIUrl":"https://doi.org/10.1177/17488958211013075","url":null,"abstract":"The police are faced with a uniquely important role in the initiation of a process of justice. Through a framework of distributive justice, which examines both processes and outcomes of police encounters and the concrete and symbolic resources at their disposal, this paper seeks to analyse data from three policing projects over a 16-year period. The findings indicate a remarkably consistent story of barriers to justice which preclude the opportunity to access justice or of a satisfactory outcome or indeed any outcome at all. The lack of allocated concrete or symbolic resources was evident in complainants receiving limited time, investigation and voice. This paper argues that there is evidence of an unfair and inequitable distribution of resources to victims and potential victims of crime which is enabled by police discretion, justified by focusing on deservedness and personal choice and encouraged by the cultural language of stigmatisation of people and place.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"22 1","pages":"404 - 422"},"PeriodicalIF":1.5,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211013075","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41868591","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 : 2021-05-19DOI: 10.1177/17488958211013182
C. Powell
{"title":"Book review: Mothering from the Inside: Research on Motherhood and Imprisonment, by Kelly Lockwood (ed.)","authors":"C. Powell","doi":"10.1177/17488958211013182","DOIUrl":"https://doi.org/10.1177/17488958211013182","url":null,"abstract":"","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"22 1","pages":"191 - 193"},"PeriodicalIF":1.5,"publicationDate":"2021-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211013182","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47913644","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 : 2021-04-01DOI: 10.1177/1748895820914421
B. Godfrey
{"title":"Book review: The Rise and Fall of the Rehabilitative Ideal, 1895 – 1970","authors":"B. Godfrey","doi":"10.1177/1748895820914421","DOIUrl":"https://doi.org/10.1177/1748895820914421","url":null,"abstract":"","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"21 1","pages":"258 - 259"},"PeriodicalIF":1.5,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1748895820914421","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48406578","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 : 2021-03-29DOI: 10.1177/17488958211004670
Efrat Shoham, Eitan Nicotra
The overloaded court system, along with the increasing recognition of the harm inflicted upon offenders by the criminal court procedure, led, in 2013, to the enactment of a new criminal-administrative procedure, termed “conditional dismissals,” which diverts minor offenses from the courts to be settled by prosecution authorities. This preliminary study examines the profile of 1750 cases of conditional dismissals concluded by district attorneys and police prosecution division between 2016 and 2018 and whether some notions of the “restorative justice” model were implemented. The findings indicate that both district attorneys and police prosecution division had initial difficulties in implementing the notion of diverting cases from the criminal court process. Over half of the cases in both agencies were for bodily injury and property offenses. There is a significant difference regarding the majority of the dismissal terms between the district attorneys and the police prosecution division. The results further indicate that 4.5% of all dismissals contained only restorative stipulations (especially in sex offenses), and one-third contained restorative stipulations along with punitive stipulations. The findings also show that the district attorneys are more inclined to use restorative terms, while the police prosecution division is more inclined to use punitive terms. The article discusses the possible explanations for these findings and the significant differences in the application of restorative practice between the police prosecution division and the district attorneys.
{"title":"Conditional dismissal as an alternative to the traditional criminal proceedings in Israel","authors":"Efrat Shoham, Eitan Nicotra","doi":"10.1177/17488958211004670","DOIUrl":"https://doi.org/10.1177/17488958211004670","url":null,"abstract":"The overloaded court system, along with the increasing recognition of the harm inflicted upon offenders by the criminal court procedure, led, in 2013, to the enactment of a new criminal-administrative procedure, termed “conditional dismissals,” which diverts minor offenses from the courts to be settled by prosecution authorities. This preliminary study examines the profile of 1750 cases of conditional dismissals concluded by district attorneys and police prosecution division between 2016 and 2018 and whether some notions of the “restorative justice” model were implemented. The findings indicate that both district attorneys and police prosecution division had initial difficulties in implementing the notion of diverting cases from the criminal court process. Over half of the cases in both agencies were for bodily injury and property offenses. There is a significant difference regarding the majority of the dismissal terms between the district attorneys and the police prosecution division. The results further indicate that 4.5% of all dismissals contained only restorative stipulations (especially in sex offenses), and one-third contained restorative stipulations along with punitive stipulations. The findings also show that the district attorneys are more inclined to use restorative terms, while the police prosecution division is more inclined to use punitive terms. The article discusses the possible explanations for these findings and the significant differences in the application of restorative practice between the police prosecution division and the district attorneys.","PeriodicalId":47217,"journal":{"name":"Criminology & Criminal Justice","volume":"22 1","pages":"694 - 713"},"PeriodicalIF":1.5,"publicationDate":"2021-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/17488958211004670","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43947561","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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