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‘A difficult trip, I think’: The end days of the probation service in England and Wales?

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‘A difficult trip, I think’: The end days of the probation service in England and Wales?

Author(s): George Mair / Language(s): English Issue: 1/2016

The probation service has been a key part of the criminal justice process for more than 100 years. It deals with more offenders than the prison service; it is more successful than prison in terms of reconviction rates, and it is considerably cheaper than prison. Its advantages as a court sentence seem to be only too clear. Yet, prison remains the gold standard for punishment in England and Wales while the probation service is facing a bleak future. How has it come about that the existence of probation is now under serious threat? That a vital public service is faced with extinction? This article explores the issues that have led to the possibility that probation’s days are numbered.

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‘A FIGHTER FOR SECURITY TO ISOLATE THE CLASS ENEMY’: THE PRISON GUARD AND POLITICAL PRISONERS IN 1944/45–1956

Author(s): Tadeusz Wolsza / Language(s): English Issue: 4 (en)/2020

The article provides readers with figures and information about the Prison Guard and Service in various detention facilities in post-war Poland until 1956. The author analyses several detailed topics, like preparation for the job, staff shortages in the various penal institutions as well as prison officers’ (quite often sadistic) attitudes towards political prisoners.

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‘Back door sentencing’ in Italy: common reasons and main consequences for the recall

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‘Back door sentencing’ in Italy: common reasons and main consequences for the recall

Author(s): Alessandra Gualazzi,Chiara Mancuso,Annalisa Mangiaracina / Language(s): English Issue: 1/2012

Italian law only provides the general conditions for the institution of recall. It follows that significant discretionary powers are enjoyed by the surveillance judges (and in particular by the Surveillance Tribunal) who evaluate on a case-by-case basis whether the commission of another offence or the infringement of parole conditions demonstrate the offenders‟ negative attitude to reintegrate into society. However, especially with reference to the commission of serious crimes, the judges‟ discretionary assessment can result in a restrictive application of the law on recall with the consequence that parolees are returned to prison even when they commit minor violations. The Italian penitentiary system is currently undergoing a serious crisis mainly caused by prison overcrowding. This article argues that reform of the system is thus urgently needed. Such reform should be aimed, among other objectives, at strengthening the role of the bodies which are involved in the different phases of recall (e.g. social services, prison staff, etc.), in order to assist and support judges in their difficult task of decision making in an area – such that of recall – full of social implication.

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‘Commensality’ as a theatre for witnessing change for criminalised individuals working at a resettlement scheme

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‘Commensality’ as a theatre for witnessing change for criminalised individuals working at a resettlement scheme

Author(s): Julie M. Parsons / Language(s): English Issue: 3/2018

This article draws on analysis of interview data from an exploratory case study at an independent ‘offender’ resettlement scheme in England, investigating the benefits or otherwise of commensality for criminalised individuals and the wider community who share a communal lunchtime meal. For prisoners released on temporary licence and others referred through probation, caught in the liminal space between criminal and civilian life, commensality enables social interaction with non-criminalised individuals in a social environment outside of the prison estate. It becomes an arena for the display of non-criminalised identities in preparation for release into the community after punishment. It is a useful tool for social integration that challenges stereotypical beliefs about criminalised individuals amongst the wider community. Moreover, commensality works as a theatre for the performance of non-criminalised identities, by promoting social inclusion and generativity, it is part of a process of desistance geared towards improving self-worth.

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‘From disaster to master’: Exploring the journey beyond desistance in Ireland

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‘From disaster to master’: Exploring the journey beyond desistance in Ireland

Author(s): Wayne Hart,Deirdre Healy,David Williamson / Language(s): English Issue: 1/2020

Desistance scholars maintain that innovative and sustainable mechanisms are needed to support the enhancement of human development. Failure to desist is often attributed to limited personal agency and structural disadvantages such as a lack of education attainment and meaningful employment. Therefore, it is argued that criminal justice responses should break down educational and employment barriers in the desistance process, if we are to help remove hurdles to both social cohesion and social integration. To provide additional insights into this phenomenon, this article presents an autobiographical, reflective and experiential account of these challenges in the life of a desister from multiple perspectives. The narrative reveals that the change process extends beyond the attainment of education and meaningful employment, and describes the challenges faced by both work colleagues and the desister. These accounts are accompanied by a reflective academic commentary that situates these personal work experiences within the wider desistance literature, helping to add a critical appraisal of existing knowledge as viewed through the lens of one person’s desistance process over a 10-year period through education and into employment

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‘It Could be us’: Recent Transformations in the Use of Community Service as a Punishment in Spain

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‘It Could be us’: Recent Transformations in the Use of Community Service as a Punishment in Spain

Author(s): Ester Blay / Language(s): English Issue: 1/2010

Community service orders, or work for the benefit of the community orders, were introduced in Spanish legislation with the 1995 Criminal Code. Its practical use was until recently scant, and has since 2008 exploded in numerical terms. After describing the legal framework and aims of this sanction, this paper focuses on recent developments in the use of this penalty and in implementation and supervision practices. It draws from analysis of Parliamentary debates, sentences passed by judges, official statistics and other official documents, and interviews with judges, public prosecutors, supervisors and senior civil servants responsible for implementation.

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‘Shine like a jewel’: Kantian ethics, probation duty and criminal justice

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‘Shine like a jewel’: Kantian ethics, probation duty and criminal justice

Author(s): Phillip Whitehead / Language(s): English Issue: 2/2016

Since the 1980s, the criminal justice system in England and Wales has been recalibrated by the ideological and material forces of marketisation and competition. Specifically, the probation duty to advise, assist and befriend has been eroded by the instrumental functions of punishment and prison. These profound transformations have undermined the ethico-cultural foundations of criminal justice, indexed clearly in the privatisation of probation services between 2010 and 2015. The original contribution of this article draws upon Kantian deontological ethics to critique these events and to re-energise the moral coordinates of government policies and organisational practices. It confronts the current orthodoxy with the unconditional moral demand of duty and moral obligation.

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‘The customer is always right’? Consumerism and the probation service

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‘The customer is always right’? Consumerism and the probation service

Author(s): Rebecca Crook,Dave Wood / Language(s): English Issue: 1/2014

The probation service of England and Wales has faced ongoing change to its structures and challenge to its theory and value base throughout its history. Recent years have seen an acceleration in the scope of this change with sizable budget cuts alongside the threat of competition and subsequent privitisation of probation services. This article explores whether the more fundamental but subtle challenge to practice may yet come not from explicit governmental policy, but the underlying consumerist social structures at play that operate not only in governance, but also in the mindset of the public, practitioners and probationers alike.

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‘They were very threatening about do-gooding bastards’: Probation’s changing relationships with the police and prison services in England and Wales

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‘They were very threatening about do-gooding bastards’: Probation’s changing relationships with the police and prison services in England and Wales

Author(s): Rob C. Mawby,Anne Worrall / Language(s): English Issue: 3/2011

In recent decades the probation service has been encouraged to work closely with a range of public and voluntary sector agencies. This article examines probation‟s changing relationships with the police and prison services drawing on sixty interviews with current and former probation workers. Analyzing probation-prison and probation-police relationships pre- and post-1998 and drawing on Davidson‟s (1976) typology of inter-organisational relationships, the article argues that, despite both structural and cultural transformations, there remain cultural continuities in each organisation that create tensions, the significance (both positive and negative) of which should not be under-estimated.

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“EKONOMIKA KRIMINALA” - HAROLD WINTER

Author(s): Emir Efendic / Language(s): Bosnian,Croatian,Serbian Issue: 3-4/2015

Review of: Emir Efendić - "The Economics of crime", Harold Winter, ISBN10:O-415-77173-O, Routlege (British library Cataloguing in Publication Data), 2008.

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“HANG THEM IN TAKSIM” Europe, Turkey and the Future of the Death Penalty

Author(s): Author Not Specified / Language(s): English

For almost a year now, Turkish president Recep Tayyip Erdogan has vowed, in speech after speech, that he is ready to restore the death penalty. Some have dismissed this as political theatre. And yet, Turkey would not be the first country to reintroduce the death penalty after it had fallen out of use. The Kingdom of Italy abolished the death penalty for civilians in 1889, only to see it reintroduced by Mussolini in 1930. The United States did not carry out any executions between 1968 and 1980. Turkey itself has had years of de facto moratoria on executions in the 1960s and 1970s, before carrying out more executions. Human rights progress is never irreversible. || This is a matter of holding the line on a hard-won human rights achievement. It is in the vital interest of all Europeans that this red line is not crossed anywhere in Europe. For Turkey to reintroduce the death penalty – the last execution took place in 1984 – would constitute a serious setback in the global struggle against capital punishment. Europeans should take the threat of the return of capital punishment in Turkey seriously. The EU and the Council of Europe should take every step they can, in time, to make this as unlikely as possible – in Turkey and anywhere else in Europe.

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“KRIVIČNO PRAVOSUĐE - BORBA PROTIV KRIMINALITETA I PREVENCIJA KRIMINALITETA” - MICHAEL NEWTON

Author(s): Sedin Lakača / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2016

Review of: Sedin Lakača - “CRIMINAL JUSTICE - CRIME FIGHTING AND CRIME PREVENTION”- MICHAEL NEWTON, 126 str.

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“MEĐUNARODNA POLICIJSKA SARADNJA ” - ELDAN MUJANOVIĆ

Author(s): Kenan Kapo / Language(s): Bosnian,Croatian,Serbian Issue: 3-4/2015

Review of: Kenan KAPO - „Međunarodna policijska saradnja“, dr. sc. Eldana Mujanović

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“THE TEACHER SHOULD NOT JUST BOSS AROUND ALL THE TIME”. GOOD TEACHERHOOD IN THE LIGHT OF YOUNG PRISONERS’ EXPERIENCES

Author(s): Tanja Äärelä,Satu Uusiautti,Kaarina Määttä / Language(s): English Issue: 1/2014

The purpose of this study is to analyze the essence of good teacherhood through young prisoners’ school experiences and memories in order to find means to prevent antisocial and exclusion-oriented development in youths. The assumption is that young prisoners’ teacher descriptions include also positive memories. How do they describe teachers who have supported them or could support children’s school going? How do the research participants perceive themselves in relation to teachers and teachers’ actions? The data consisted of young prisoners’ narratives regarding their school time. Twenty-nine young prisoners, aged 17-21, from two prisons in northern Finland participated in the study. This study employed the narrative research approach. The data were obtained through free-form interviews that resembled the narrative interview method. The qualitative content analysis and the narrative analyzing models were employed when analyzing the narrative data. According to the young prisoners’ perceptions, good teachers shared certain features and skills that could be categorized into three: interaction skills, pedagogical and didactic skills, and subject knowledge. The study contributed unique information about the positive actions and features of teacherhood that can support the school work also among the children in danger of exclusion.

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“They might as well be walking around the inside of a biscuit tin”: Barriers to Employment and Reintegration for ‘Politically Motivated’ Former Prisoners in Northern Ireland

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“They might as well be walking around the inside of a biscuit tin”: Barriers to Employment and Reintegration for ‘Politically Motivated’ Former Prisoners in Northern Ireland

Author(s): Clare D. Dwyer / Language(s): English Issue: 1/2013

The prisoner provisions under the Northern Ireland Peace Agreement emphasised the importance of the reintegration and civic inclusion of ‘politically motivated’ former prisoners; however, numerous barriers to full reintegration remain. Notwithstanding the fact that these prisoners were released as part of a peace process, based on principles of conflict transformation and reconciliation, there were still numerous conditions placed upon them as part of their release process and they continued to hold a ‘criminal’ record upon release. As with ‘ordinary’ ex-prisoners, these ‘politically motivated’ former prisoners have subsequently faced numerous obstacles in their attempts to reintegrate back into society, particularly in the area of employment. Recognising that they needed to deal with the consequences of imprisonment, ‘politically motivated’ former prisoners formed numerous self-help organisations to assist in the reintegration process and have mobilised to lobby for protection against the discrimination and unequal treatment experienced by ex-prisoners seeking employment. This article explores the remaining barriers to employment for ‘politically motivated’ former prisoners and the consequences of these barriers. The article moves to assess how prisoner groups have subsequently used a ‘rights based’ discourse to engage local government in their struggle to overcome existing obstacles before finally concluding that any piecemeal attempt to remove barriers to full reintegration will only impede the longer term conflict transformation process in Northern Ireland.

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“You’ll never stand-alone”: Electronic monitoring in Germany

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“You’ll never stand-alone”: Electronic monitoring in Germany

Author(s): Frieder Dünkel,Christoph Thiele,Judith Treig / Language(s): English Issue: 1/2017

Electronic monitoring (EM) in Germany is used only exceptionally in cases of highrisk offenders released from prison after fully having served a prison sentence or after release from the preventive detention measure (added to a prison sentence in cases of “dangerous” violent or sex offenders). About 70 cases on a daily total of more than 36,000 supervision of conduct cases are under global positioning system (GPS)-EM. Only in one federal state (Hesse) EM on radio frequency technology is also used to avoid pretrial detention or in regular probation/parole cases. Numbers remain very low also in this context. EM is always combined with a probation or supervision of conduct order, which means that it is embedded in the rehabilitative work of the probation services. The German judiciary and crime policy are very reluctant to expand EM, as there is no pressure from the prison system (no overcrowding) and the “ordinary” probation service (without EM) works quite efficiently.

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„Zaprzysięganie na śmierć” w praktyce sądu miejskiego z Krzemieńca w XVIII w.

Author(s): Marian Mikołajczyk / Language(s): Polish Issue: 3/2016

Before Poland was partitioned, there had been different laws for each group of society. Gentry, townspeople and peasants had their own laws. In the gentry law (land law) there was a rule that the accused could not be sentenced to death if the private accuser with several other people did not swear that the accused deserves death penalty. The practice of such a swearing existed until 1768. Current researches indicated the lack of such a rule in a municipal law. However, in the city of Krzemieniec in Wołyń the practice was different. Local municipal court required the oath of a claimant in most criminal cases. It is possible to suppose that it was an example of imitating the land law by the municipal law. We do not know if it was an only example of such a practice or whether there were similar situations in other cities of eastern Republic of Poland. This problem requires further researches.

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„Право на права“ у теорији грађанства изван суверености

Author(s): Jelena Vasiljević / Language(s): Serbian Issue: 3/2017

The institution of citizenship is characterized by its ambivalence with regard to the notions (and values) of inclusion/exclusion, rights/disempowerment, belonging/otherness. Historically and conceptually, citizenship has been developing in symbiosis with the ideas of equality, freedom, protection of rights and full membership in the political community. In this respect its emancipatory legacy is beyond doubt. In addition, the critique of abstractness of human rights, mostly developed by Hannah Arendt, influenced contemporary assertions that human rights and freedoms have little significance outside the framework of the state institution of citizenship. On the other hand, one could claim that citizenship represents legalized discrimination as it a priori presupposes a distinction between citizens and non-citizens as legitimate. Moreover, as citizenship one holds predetermines to a great extent one's life chances, it can be said to occupy a „pivotal place in the over-all segmentary architecture of the nation-state system“ (Brubaker). This citizenship paradox, its simultaneous emancipative and discriminative role, reveals itself more openly when confronted with the problems of refugees, irregular migration and statelessness. This paper analyzes these tensions and questions the possibility of their overcoming within the framework of the so-called citizenship beyond sovereignty.

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ЩОДО ПИТАННЯ ВДОСКОНАЛЕННЯ ДИСПОЗИЦІЇ СТАТТІ 402 КК УКРАЇНИ (НЕПОКОРА)

Author(s): Yuri Vadimovich Shaposhnikov / Language(s): Ukrainian Issue: 17/2020

The article analyzes some signs of the objective side of disobedience, namely the method of committing a crime, its consequences, as well as qualifying and especially qualifying signs. It is proved that the principle of unity of command of commanders permeates all spheres of military activity, allows the military organization of the state to ensure the defense capability of Ukraine. Disobedience is the crime that destroys military-service relations between the commander (chief) and subordinate, directly affects the combat effectiveness of a military unit and, therefore, has an increased degree of public danger. In the scientific literature there are views proving the increased public danger of an open refusal to comply with the order of the commander (chief), motivating this thesis that a soldier shows a greater degree of determination to violate his duties, a greater willpower, which has already passed a period of hesitation. According to the author, an open and public refusal to comply with the order of the chief is more socially dangerous than cases of other intentional failure to comply with the order. Disobedience not only threatens the combat effectiveness of a military unit, but also significantly affects the state of military law and order and discipline. We believe that the court in all cases of criminal proceedings on the fact of disobedience or other intentional non-execution of the order, pointing out the grave consequences, should reason its point of view. It is concluded that the disposition of Article 402 of the Criminal Code of Ukraine requires some improvements that are relevant to modern times. These improvements will help strengthen military discipline and the rule of law.

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ЩОДО РОЗУМІННЯ КРИМІНАЛІСТИЧНОГО ЗАБЕЗПЕЧЕННЯ РОЗСЛІДУВАННЯ ЗЛОЧИНІВ ВЧИНЕНИХ В УСТАНОВАХ ВИКОНАНЯ ПОКАРАНЬ УКРАЇНИ

Author(s): Oleh Batiuk / Language(s): English,Ukrainian Issue: 2/2019

In the provisions of the scientific article the author defines main elements of criminalistic ensuring crime investigation on the whole on the basis of analyzing opinions of the leading scientists of both Ukraine and foreign countries. It enables to determine the author’s comprehension of criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author characterizes technical, criminalistic and organizational ensuring investigation of crimes committed in punishment execution institutions, as well as expert criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author makes a conclusion that criminalistic ensuring investigation of crimes committed in punishment execution institutions should be considered as the system of scientific and technical, organizational and tactical, methodological and criminalistic means, elaborated and introduced for efficient activity of bodies of criminal executive service, preventing crimes committed in punishment execution institutions, for optimization of their investigation and trial performed on the grounds of scientific knowledge of regularities of emerging, collecting, investigating, evaluating and using evidence found in the course of criminal proceedings of this crime category.

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