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Consent and cooperation in the Greek context: Rhetoric and praxis

Author(s): Maria Anagnostaki / Language(s): English Issue: 3/2014

The core alternative measures in Greece have traditionally been implemented without supervision in the community. Since the early 1990s, however, new community measures have been introduced, following European developments and under the pressure of prison overcrowding. This article examines how issues of consent and cooperation in the supervision of offenders have been addressed in practice in relation to four community measures that are currently available in Greece: treatment interventions for substance abuse offenders, the community service order, the suspended sentence with probation and home detention with electronic monitoring. Different types and scales of approaches in relation to consent and cooperation are observed in different stages of the criminal procedure and between different community measures. An explanation of these variations is proposed with reference to the framework of the different ‘visions’ of community sanctions and measures – managerial, punitive, rehabilitative and reparative. Official language – rhetoric – is utilized in this exploration, while possible further action – praxis – is proposed.

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The National Police Certificate is a significant barrier to employment for ex-offenders

Author(s): Antoinette M. Saliba / Language(s): English Issue: 1/2013

Little investigation has been undertaken in relation to the impact of an ex-offender’s reception into the community, especially in relation to employment, on their propensity to re-offend. This paper brings into focus the role of society, especially employers in potentially hindering the reintegration of ex-offenders. This role is considered in relation to the use of criminal records as risk assessment tools. A governmental framework is employed to examine the use of criminal records by employers in Victoria Australia, in line with current risk management approaches. Research findings support the contention that the increased use of National Police Certificates for employment purposes in Victoria places ex-offenders at a significant disadvantage.

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Change and the Probation Service in England and Wales: A Gendered Lens

Author(s): Jill Annison / Language(s): English Issue: 1/2013

The National Probation Service in England and Wales has been buffeted by change in recent years. This has happened at a time when rhetoric has become increasingly punitive, with probation emphasising its role in providing punishment in the community. It therefore seems surprising that there has been a decisive shift in terms of the gendered composition of its staff - there are now many more women than men working in probation. This review outlines quantitative changes and then explores qualitative research data from women probation officers. These different perspectives provide an in-depth account of this interesting and still changing organisational setting.

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Desistance by Design: Offenders’ Reflections on Criminal Justice Theory, Policy and Practice

Author(s): Monica Barry / Language(s): English Issue: 2/2013

This article highlights the views and advice of offenders in Scotland about what helps and hinders young people generally in the process of desistance, why interventions may or may not encourage desistance and what criminal justice and other agencies can do to alleviate the problems which may result in offending. The findings suggest that probation-style supervisory relationships with workers are still the key means to promote desistance but given the fact that offenders perceive desistance to be ‘by design’ rather than ‘by default’, there still needs to be a greater emphasis placed by criminal justice and wider agencies on the structural constraints to a legal, conventional and integrated lifestyle.

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Integrating Environmental Considerations into Prisoner Risk Assessments

Author(s): Lisa Tompson,Spencer Chainey / Language(s): English Issue: 2/2013

Reducing re-offending amongst ex-prisoners is of paramount importance for both penal and societal reasons. This paper advances an argument that the current prisoner risk assessment instruments used in the UK neglect to account for environmental determinants of reoffending. We frame this position within the growing literature on the ecology of recidivism, and use the principles of environmental criminology to stress the importance of the opportunities for crime that are present in an ex-prisoners’ neighbourhood. We conclude by considering the implications for policy and discuss how these might conflict with the practical realities of managing ex-prisoners.

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Reading between the Lines. English Newspaper Representations of Community Punishment

Author(s): David Hayes / Language(s): English Issue: 3/2013

This paper presents the findings of a sample of 2,000 articles published in English newspapers about community punishment between 2003 and 2011. The data suggest that challenges to the legitimacy of community sanctions in English media, whilst occasionally vociferous and vitriolic, are as much linguistic as political in nature, rooted in a tendency to dismiss non-custodial sentences as inherently inferior to incarceration, and to overstate the severity and frequency of crime. This should influence penologists’ and penal reformers attempt to improve popular support for non-custodial sanctions.

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Foreigners to Justice? Irregular migrants and foreign national offenders in England and Wales

Author(s): Rob Canton,Nick Hammond / Language(s): English Issue: 3/2012

There is a long tradition of blaming foreigners for crime problems in England and Wales. The contemporary manifestation of this centres on suspicion about the involvement in crime of foreign nationals and irregular migrants. General descriptive terms like foreign nationals encompass people in widely diverse circumstances and of different legal immigration statuses. Debates about crime and about the management of movement across national borders have become entangled in political debate, to the detriment of clear thinking about either matter. The rehabilitation principle has a different significance and application for foreign nationals, in practice if not in law. The limited statistics available concerning the involvement of foreign nationals in crime and their treatment by judicial and criminal justice agencies, require more analysis. In criminal justice and sentencing, there are no formal requirements for agencies and courts to bring different principles to their decisions about foreign nationals, but in practice this group of offenders can be disadvantaged. The context of offending by foreign nationals and their distinctive and individual needs are often insufficiently appreciated and too little is done to support rehabilitation and desistance. The perceived political imperative to remove foreign national offenders by deportation distorts any principled approach to policy and practice.

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Irregular Migrants Under Criminal Sanctions: Rehabilitation and After-care Perspectives in Greece

Author(s): Angelika Pitsela,Athanasia Antonopoulou / Language(s): English Issue: 3/2012

Prisoners’ rehabilitation is not explicitly included in the basic principles of Greek Penitentiary Code; though, it is adopted in several articles of this Code, as well as in other relevant national legislation and international binding legal instruments. In a country where the number of the irregular migrants is estimated circa half a million persons and the proportion of aliens in prisons has climbed above 50% of the total number of prison population during the last years, the challenged issue of the rehabilitation effort especially for irregular migrants, during the execution of criminal sanctions and after their release from prisons, becomes a statistically crucial reality that must be managed effectively. We cannot talk about prisoners’ rehabilitation, if we are going to ignore and exclude the most numerous group of them out of the whole effort and procedure. Under this perspective, developing the rehabilitation idea and organizing better its elaboration becomes even more difficult but also more imperative for the penitentiary policy of the country.

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What works for irregular migrants in the Netherlands?

Author(s): Miranda Boone,Mieke Kox / Language(s): English Issue: 3/2012

This contribution provides an overview of the extent to which rehabilitation instruments and opportunities are accessible for irregular migrants who are serving a criminal sanction in the Netherlands. It shows that irregular migrants are largely excluded from criminal sanctions that have rehabilitation as a central aim and from rehabilitation opportunities that are provided during the implementation of criminal sanctions. These findings raise questions concerning the legal legitimacy of largely excluding irregular migrants from rehabilitation opportunities and the way in which irregular migrants prepare themselves for their return to society in practice.

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Pycroft, A. and Gough, D. (eds), Multi-agency working in criminal justice: control and care in contemporary correctional practice

Author(s): Laura Nettleingham / Language(s): English Issue: 2/2012

Review of: Laura Nettleingham - Pycroft, A. and Gough, D. (eds) (2010), Multi-agency working in criminal justice: control and care in contemporary correctional practice. Bristol. Policy Press.

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Conditional release in Belgium: how reforms have impacted recall

Author(s): Aline Bauwens,Luc Robert,Sonja Snacken / Language(s): English Issue: 1/2012

Following the Dutroux case in 1996, the Belgian parole system was thoroughly reformed in 1998 and 2006. Decision-making was transferred from the Minister of Justice to multidisciplinary “Sentence Implementation Courts”, supervision and follow up of conditionally released prisoners was tightened and the proportion of recalls increased. Recall of conditional release hence results from the interaction between three main parties: the offender, the supervising probation officer (“justice assistant” in Belgium) and the Sentence Implementation Court who takes the final decision. This paper looks into the consequences of these reforms for two of these parties: the justice assistants, who struggle to keep their professional discretion in the decision to recall, and prisoners, who increasingly turn away from conditional release, thus avoiding recall to prison altogether.

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The Failure of Recall to Prison: Early Release, Front-Door and Back-Door Sentencing and the Revolving Prison Door in Scotland

Author(s): Beth Weaver,Cyrus Tata,Mary Munro,Monica Barry / Language(s): English Issue: 1/2012

This article seeks to explain the reasons for the sharp rise in prison recall rates in Scotland. It argues that recall practices need to be understood not as a technical corner of the justice system, but as part of a wider analysis of the politics of sentencing and release policy. While there are sound reasons for a policy of ‘early release’ (incentivizing good behavior and enabling the resettlement of prisoners), in practice early release has increasingly been used as a tool to try to limit the growth in the custodial population. Unable to control prison numbers through the ‘front door’ (judicial sentencing and bail/remand), successive governments have increasingly relied on early release as a surreptitious way of, in effect, re-sentencing prisoners. We argue that this political strategy is ultimately self-defeating, not least in feeding public cynicism about the penal system and community supervision in particular. This article reviews the changing legislative, policy and practice landscape of the regulation of non-compliance and recall practice, and draws on the desistance literature to illustrate how offender-supervisor relationships can be undermined by recall policies which threaten the legitimacy of both the supervisory relationship and the conditions of supervision orders.

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Taylor, W., Earle, R. & Hester, R. (eds): Youth Justice Handbook: Theory, Policy and Practice

Author(s): Nigel Elliott / Language(s): English Issue: 3/2011

Review of: Nigel Elliott - Taylor, W., Earle, R. & Hester, R. (eds) (2010) Youth Justice Handbook: Theory, Policy and Practice, Cullompton: Willan in association with the Open University Press; ISBN 13:978-1-84392-716-7 (pbk., £22-99)

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Only for Minor Offences: Community Service in the Netherlands

Author(s): Miranda Boone / Language(s): English Issue: 1/2010

Community service for adults was introduced in the Netherlands in the first half of the 1980s as an alternative to custodial sentences. In 1989 it was accepted as a third formal sentence in the Penal Code for adults. Since that time the number of orders increased to 40.000 on a yearly basis. In general, the probation service has managed to deal successfully with this growth. It did have consequences, however for the involvement of the community and the degree of individualization and support. The initial object of decreasing imprisonment by offering an alternative has not been achieved. In terms of reducing recidivism, community service seems to be relatively successful, however.

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Paying back: 30 years of unpaid work by offenders in Scotland

Author(s): Gill McIvor / Language(s): English Issue: 1/2010

This article considers the development and use of unpaid work as a penal sanction in Scotland, including its gradual introduction at differing points of the criminal justice process. It is argued that the community service order in Scotland – intended to serve as an alternative to imprisonment - has become a well-established sentencing option, though other penalties involving unpaid work have met with more conditional support. Community service has broadly resisted political pressures aimed at increasing its profile and punitiveness though there is a risk that contemporary policy developments that are aimed, ironically, at decreasing the Scottish prison population may, instead, result in its diversionary capacity being undermined.

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Community service in Belgium, the Netherlands, Scotland and Spain: a comparative perspective

Author(s): Gill McIvor,Kristel Beyens,Ester Blay,Miranda Boone / Language(s): English Issue: 1/2010

Current criminological research is particularly interested in the question whether or not we are witnessing a punitive turn and it seems that Western democracies today punish differently than a few decades ago. The ‘new punitiveness’ literature (Pratt, et. al., 2005) and David Garland’s (2001) study on the culture of control have fuelled an ongoing debate and research on this question. There are however many ways to compare penal practices and measure punitiveness. Leading comparative research by Cavadino & Dignan (2006) for example relates variations in incarceration rates to contrasting kinds of political economy. However, punitiveness rankings vary substantially depending on the indicator used and ideally we have to take into account all of them to make sense of the assumed penal change. In this special issue we have focused on the use and implementation of community service and have focussed on its characteristics as a contemporary form of punishment. Through a detailed description of the different aspects of the rhetoric on and practice of community service, we aim to identify commonalities and local differences and attempt to understand and explain them. The question of increasing or decreasing punitiveness therefore is only one of our points of interest.

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Bhui, H.S. (ed): Race and Criminal Justice

Author(s): Keith Davies / Language(s): English Issue: 2/2010

Review of: Keith Davies - Bhui, H.S. (ed) (2009) Race and Criminal Justice. London: Sage

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The Engineer, the Educationalist, and the Feminist Writer: National Champions and the Development of Probation in Europe

Author(s): Maurice Vanstone / Language(s): English Issue: 2/2009

Probation developed throughout the world as a result of a variety of different elements and social conditions coinciding within a relatively short period of time at the end of the 19th century and beginning of the 20th century. Amongst these were the efforts of a number of people from different disciplines who shared an interest in giving people who were at the beginning of their criminal careers a second chance. This paper highlights the contributions of three of these people in an attempt to throw more light on how the concept of probation passed into law, how it attracted disparate interests in Europe, and what that reveals about the state of probation today.

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European Initiatives for Harmonisation and Minimum Standards in the Field of Community Sanctions and Measures

Author(s): Christine Morgenstern / Language(s): English Issue: 2/2009

The article addresses the question how far European initiatives on Community Sanctions and Measures as well as the attitude towards them and their implementation by the Member States reflect “the punitive turn” or rather show a tendency to “resist punitiveness” in European penal policies. After presenting the Council of Europe’s European Rules on Community Sanctions and Measures (ER CSM) of 1992 its provision regarding the co-operation and consent of the offender is considered in more detail. The change of penal climate in the Member States and its reflection by the update of the ER CSM in 2000 is described then, using the example of sanctions of indeterminate duration and Electronic Monitoring. Finally, the European Union’s Framework Decision on the supervision of probation measures and alternative sanctions (adopted 2008) and possible obstacles with regard to its implementation are introduced briefly.

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Boone, M. & Moerings, M. (eds): Dutch Prisons

Author(s): Samantha Booth / Language(s): English Issue: 2/2009

Review of: Samantha Booth - Boone, M. & Moerings, M. (eds) (2007), Dutch Prisons, BJu Legal Publishers: The Hague. ISBN 978-90-5454-904-8

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