Criminal desistance : life opportunities and hermeneutic circles of self-definition

The emic perspective of criminal desistance (ex-offenders’ personal explanations of how they gave up crime) is largely ignored by criminology. This thesis attempts to address this absence of the storyteller’s perspective by inviting desisters to participate in the exploration and interpretation of their individual desistance journeys. Significant attention is drawn to the importance of philosophical self-enquiry to personal change. This detailed journey through the desistance stories of five ex-offenders has produced an emphatic re-statement of the need for the non-judgemental listener as the beginning point of cathartic healing in damaged lives.

Against Rehabilitation; For Reparitive Justice

The difficulties of re-imagining the possible relationships between crime and justice in capitalist societies, and imagining the possible meanings of democracy in societies characterised by gross inequalities of knowledge, and exclusion of the majority from political decisions are well known. One such difficulty stems from the impossible necessity of maintaining stances of both constant reform and constant critique (see Carlen, 2012). Confronted with economic and cultural inequalities which routinely deny ideals of justice and democracy, there can be a temptation to suppress (or bracket-off) troubling knowledge of criminal justice's and democracy's maligned underbellies and instead talk 'as if' criminal justice's ideal play of governance is always and already realised in its rhetoric. In some senses, this 'as if' talk is aspirational and it is difficult to see how it could be otherwise if more just conceptions of criminal justice and more democratic forms of democracy are to be conceived. However, when, as often happens, aspirational criminal justice concepts become routinised and acted upon as if they can be realised without fundamental social change, they become penal imaginaries, part of a taken-for-granted ideological baggage which, because it is taken-for-granted, obstructs critique (see Carlen, 2008). One such penal imaginary is the concept of rehabilitation, a concept which has a long history of justifying almost every kind of non-lethal response to lawbreaking and which is currently being reborn yet again in theories of criminal desistance and anti-prison campaigns as well as in the more invidious rehabilitation industry with its sales of programmes for cognitive reform.

Correctional psychology and the desistance paradigm: commentary for the special issue of Criminal justice and behavior

Let me begin this commentary by suggesting that many of the ideas contained in this special issue will be important to the future of correctional psychology. Although each of the authors offer different perspectives on the role that the criminal justice system has to play in the process of desistance from crime, they all identify the importance of a valueoriented analysis to effective offender rehabilitation. Their focus is on promoting desistance at all points of the justice process; from how the legal system can promote therapeutic outcomes through to the provision of post-release support services and the need for community engagement. By approaching the tasks of both rehabilitation and reintegration from a values perspective, they have been able to identify a range of novel and innovative approaches that have the potential to make a real difference. Even more encouragingly, these draw on resources that may already be available to correctional psychologists and yet are often underutilized. In addition, the confidence, and indeed the optimism, expressed in these articles provides a refreshing counter to suggestions that contemporary correctional practice has become pre-occupied with the need to “manage” offenders and for professionals to focus on fulfilling their administrative obligations (see Hardy, 2014).

Pygmalion in the reintegration process: Desistance from crime through the looking glass

The study of desistance from crime has come of age in recent years, and there are now several, competing theories to account for the ability of long-term offenders to abstain from criminal behavior. Most prominently, recent explanations have borrowed elements from informal social control theory, differential association theory and cognitive psychology. In the following, we argue that labeling theory may be a neglected factor in understanding the desistance process. Drawing on interview data collected as part of a study of an offender reintegration program, we illustrate how the idea of the

Criminal achievement and offender self-efficacy

La notion de réussite criminelle a essentiellement été définie au moyen de l’indicateur objectif des gains monétaires. Si l’idée selon laquelle l’argent est au coeur de la réussite professionnelle fait l’objet d’un large consensus social, il semble improbable que les gains monétaires permettent à eux seuls d’appréhender la réussite. Pour mieux comprendre certaines dimensions des carrières criminelles telles que la persistance et le désistement, il paraît utile de se pencher sur la manière dont les criminels définissent leur propre réussite. Il a été établi que l’auto-efficacité, soit la croyance que possède un individu en sa capacité à accomplir une tâche, permet de prédire plusieurs dimensions des carrières légitimes. À partir de la théorie sur l’auto-efficacité, ce mémoire examine de quelle manière se forme l’auto-efficacité criminelle. Nous soutenons que les perceptions relatives à la réussite criminelle sont affectées par des facteurs semblables à ceux qui jouent dans le développement de l’auto-efficacité légitime. Nous partons de l’hypothèse que les criminels forgent leur auto-efficacité à partir de quatre sources d’expérience : les réussites personnelles, l’apprentissage vicariant, la persuasion sociale et les états physiologiques. Il est également avancé que certaines caractéristiques individuelles et environnementales ont un impact significatif sur le développement de l’auto-efficacité criminelle. Sur la base d’entrevues auprès de 212 délinquants, nos résultats indiquent que l’auto-efficacité criminelle est une construction complexe fondée sur les caractéristiques individuelles et environnementales, ainsi que sur les expériences criminelles personnelles. Nous discutons de l’impact éventuel de ces conclusions sur l’appréhension de la persévérance et du désistement dans les carrières criminelles.

Performing desistance: how might theories of desistance from crime help us understand the possibilities of prison theatre?

Despite the ubiquity of theatre projects in prisons there has been little (published) discussion of the application of theatre to the theories of criminology or rehabilitation of offenders, and scant examination of the potential for criminological theories to inform theatre practice in criminal justice settings. This article seeks to address this deficit and argues that positioning prison theatre within the discipline of positive criminology, specifically contemporary theories of desistance from crime, provides a theoretical framework for understanding the contribution that prison theatre might be making in the correctional setting. Through a review of related literature, the article explores how prison theatre may be motivating offenders toward the construction of a more adaptive narrative identity and toward the acquisition of capabilities that might usefully assist them in the process of desisting from crime.

Desistance from Sexual Offending: Do the Mainstream Theories Apply?

The literature on desistance from crime has become well established in recent years with strong bodies of evidence supporting the role of factors such as employment, relationships and identity change in this process. However, the relevance of this literature to individuals convicted of sexual crimes is not known as such individuals are almost always excluded from this research. This article presents the results from one of the first empirical studies on desistance from sexual offending based on 32 in-depth life story interviews with adult males previously convicted of child sex offences. In this analysis we explore the significance of work, the role of relationships, and changes in imagined selves in the self-identities of individuals successfully desisting from sexual offending. The findings provide support for all three factors in helping to sustain desistance from sex offending, but also suggest clear differences between desistance from sex offending and other types of crime in these regards.

Desistance from Sexual Offending: A Policy and Research Agenda Whose Time Has Come

For the past three decades or so, criminal justice policies have been enacted under the assumption that individuals who have been convicted of a sex offense are life course persistent sex offenders. In that context, research has been heavily focused on the assessment of risk and the prediction of sexual recidivism.Simultaneously, little to no attention has been given to the majority of individuals convicted of sex offenses who are not arrested or convicted again.Researchers have witnessed a growing gap between scientific knowledge and the sociolegal response to sexual violence and abuse. The current legal landscapecarries important social implications and significant life course impact for a growing number of individuals. More recently, theoretical and research breakthroughs in the study of desistance from crime and delinquency have been made that can help shed some light on desistance from sex offending. Desistance research, in the context of sex offending, however, represents serious theoretical, ethical, legal, and methodological challenges. To that end, this article introduces a special issue exploring current themes in desistance research by examining the life course of individuals convicted of a sexual offense while contextualizing their experiences of desistance.

Sexuality in a criminal justice curriculum : a study of student conceptualisations of gay identity

Heteronormative discourses provide the most common lens through which sexuality is understood within university curricula. This means that sexuality is discussed in terms of categories of identity, with heterosexuality accorded primacy while all 'others' are indeed 'othered'. This article draws on research carried out by the authors in a core first year university ethics class, in which a fictional text was introduced with the intention of unpacking these discourses. An ethnographic study was undertaken where both students and teachers engaged in discussions over, and personal written reflections on, the textual content. In reporting the results of that study this article uses a post-structural framework to identify how classroom and textual discourses might be used to break down socially constructed categories of sexuality and students' conceptualisations of non-heterosexual behaviour. It was found that engaging in discussion in the context of the fictional text allowed some students to begin to recognise their own heteronormative views and engage in an informed critique of them.

Termination of a minor’s pregnancy : critical issues for consent and the criminal law

The recent Supreme Court decision of Queensland v B [2008] 2 Qd R 562 has significant implications for the law that governs consent and abortions. The judgment purports to extend the ratio of Secretary, Department of Health and Community Services (NT) v JWB and SMB (1991) 175 CLR 218 (Marion’s Case) and impose a requirement of court approval for terminations of pregnancy for minors who are not Gillick-competent. This article argues against the imposition of this requirement on the ground that such an approach is an unjustifiable extension of the reasoning in Marion’s Case. The decision, which is the first judicial consideration in Queensland of the position of medical terminations, also reveals systemic problems with the criminal law in that State. In concluding that the traditional legal excuse for abortions will not apply to those which are performed medically, Queensland v B provides further support for calls to reform this area of law.

The Criminal Codes : Commentary and Materials

This edition has been substantially revised to increase overall clarity and to ensure a balanced examination of the criminal law in the 'Code' states, Queensland and Western Australia. The work has been brought up-to-date in all areas and provides valuable comment on the recent wide-reaching reforms to the law of homicide in Western Australia. Significant developments in both states discussed in this edition include: The abolition of wilful murder and infanticide, and the new definition of murder (WA); The introduction of the new offence of unlawful assault causing death (WA); The abolition of provocation to murder (WA), and whether this excuse still has a part to play (Qld); The reformulation of the excuse of self-defence, and the introduction of excessive self-defence (WA); The creation of offences for drink spiking (Qld and WA); and Current and proposed sentencing considerations (Qld and WA). Fundamental principles of the criminal law are illustrated throughout the book by selected extracts from the Codes and case law, while additional materials foster critical reflection on the law and the need for reform.

Butterworths Questions and Answers : Criminal Law in Queensland and Western Australia

Criminal Law in Queensland and Western Australia is a new title in the Butterworths Questions and Answers (BQA) series, focusing on the criminal law in the main code states – Queensland and WA.