Reconsidering Respect: Its Role in the British Prison Service

This article examines the meaning of respect in the interpersonal relationships within Her Majesty’s Prison Service. It is argued that respect-as-esteem and respect-asconsideration are often confused and unequally emphasised in modern society. This confusion is especially evident within the prison context where, due to the prison service’s ‘decency agenda’, the respectful treatment of inmates has become a topical issue. What does respect mean in prison? Why is it important? How can respectful relationships be established between staff and inmates? This article discusses these questions and proposes that there are different forms of respect possible between people. It is argued that there needs to be a recognition of the nuances of meaning when we use the word respect and that ‘respect-as-consideration’ may be the form of respect most consistently achievable, at the present time, within interpersonal relationships in English and Welsh prisons.

Absent Witnesses and the U.K. Supreme Court: Judicial Deference as Judicial Dialogue?

This article analyses the position of absent witness evidence under the UK Criminal Justice Act 2003 after significant European and domestic case law on the topic. It argues that flexibility in the hearsay regime under the 2003 Act and a permissive approach by appellate courts has increased the potential for fair trial violations in recent years. Moreover, the UK Supreme Court decision in R v Horncastle preserves domestic courts’ authority to determine the meaning of European rights and selectively defer to Parliament. This area of the law demonstrates the scope that the domestic system retains for divergence from European standards.

Legitimacy Through Neutrality: Probation and Conflict in Northern Ireland

The conflict in Northern Ireland known as the Troubles presented numerous challenges for the administration of traditional forms of criminal justice and has led to a variety of adaptations that have been widely discussed in the literature in criminology and transitional justice. The role of Northern Ireland's probation service is often forgotten or ignored in such analyses. This brief article is intended to begin to fill this gap by exploring how the Troubles impacted on probation practice during the Conflict and beyond. In particular, we argue that the 'neutrality stance' taken by probation in the mid-1970s, when officers decided to cease mandated work with individuals charged with 'politically-motivated' offences, has had a lasting impact on the identity and role of probation in the region. The deep immersion into, and engagement with, marginalised communities during this time, facilitated by this neutrality stance, has overlooked implications for probation practice more widely in the United Kingdom and abroad.

Understanding Old Age and Victimisation: A Critical Exploration

Purpose – The purpose of paper is to shine light on the under-theorised relationship between old age and victmisation. In classical criminological studies, the relationship between “age”, victimisation and crime has been dominated by analysis of younger people's experiences. This paper aims to address this knowledge deficit by exploring older people's experiences by linking it to the social construction of vulnerability.

Design/methodology/approach – The paper explores both historical and contemporary narratives relating to the diverse experiences of older people as victims in the UK. In particular, from 1945 to the present, statistical context and theoretical advancement illuminates that older people as a social group have a deep “fear of crime” to their relative victimisation.

Findings – A careful survey of the criminological literature highlights a paucity of research relating to older people's views and experiences of crime and victimisation. The conceptual issue of vulnerability in different contexts is important in understanding ageing and victimisation in UK. The paper's findings illustrate that their experiences have remained marginalised in the debates around social policy, and how the criminal justice system responds to these changes remains yet to be seen.

Research limitations/implications – Any research attempt at theorising “age” should take into consideration not just younger people, but also the diverse experiences of older people. Policy makers may care to ponder that benchmarks be written that takes into full consideration of older people's experiences as vulnerability.

Practical implications – For criminal justice scholars and practitioners, there is a need to listen to the narratives of older people that should help shape and frame debate about their lived experiences. There should be an examination of existing formal and informal practices regarding elders, as the first step in developing an explicit and integrated set of policies and programmes to address the special needs of this group.

Originality/value – This is an original paper in highlighting how important old age is in construction of “victims” in modern society. By theorising age, victimisation and crime it is hoped to dispel and challenge some of the myths surrounding later life, crime and the older victim.

Reentry as a Rite of Passage

Mary Douglas argues that, ‘There are some things we cannot experience without ritual.’ Ex-prisoner reintegration may be one of them. The punishment process involves an inordinate amount of ritual behavior, from the drama of the courtroom to the elaborate de-individuation processes involved in institutionalization. Durkheim argues that these rituals served a distinct purpose for society: engendering social solidarity and shaping penal sensibilities. Like the commission of a crime, the reintegration of the former outcast back into society represents a challenge to the moral order, a delicate transition fraught with danger and possibility. However, unlike punishment, reintegration is not a process characterized by well-orchestrated and familiar rituals. This lack might explain the failings of prisoner reentry in contemporary society. This article reviews the sociological and anthropological literature on rituals, explaining what they are and what they do, focusing in particular on the role of status degradation ceremonies in criminal justice work. Drawing on this literature, the core elements that would be needed to develop rituals of reintegration powerful enough to counteract these degradation effects are discussed, and the potential impact of such hypothetical rituals is explored.

Managing Risk: From Regulation to the Reintegration of Sexual Offenders

In the last number of years the management of the dangerous in the community, particularly sex offenders, has generated enormous concern. This concern has been reflected at a number of different levels - in media and popular responses to the risk posed by released sex offenders in the community and in official discourses where an abundance of legislation and policy reforms have been enacted within a relatively short period of time. This analysis seeks to critically evaluate these developments within the context of contemporary criminal justice policy and practice in relation to the management of sex offenders in the community. The article analyses the contemporary focus on risk management or preventative governance which underpins the current regulatory framework and has been reflected in both the sentencing options and in control in the community initiatives for sex offenders. In this respect, the article highlights the gap between policy and practice in terms of the effective risk management of sex offenders. Given the failure of the traditional justice system with respect to these types of offences, it will be argued that the retributive framework could usefully be supplemented by the theory and practice of reintegrative or restorative community justice, and public education in particular, in order to better manage the risk presented by sex offenders in the community.

Sex Offender Registration: Implications and Difficulties for Ireland

The aim of this paper is to explore the implications and difficulties of a system of sex offender registration for Northern Ireland and the Republic of Ireland. From the orthodox perspective, registration appears justified. Sexual offending has increased and this is used by the media to generate a ‘moral panic’. However, sexual offenders in the community have also been socially constructed in Ireland, as a problem requiring specific action, through Blumer’s (1971) developmental perspective. It is this perspective which most adequately explains the formulation of the legislation. Arguments expounded in favour of registration include the supposedly high recidivism among sex offenders, the inadequacy of supervision provisions and the resulting need to ‘track’ the offender for public protection. Yet, in practice there are a plethora of obstacles such as cost and inadequate policing resources, not considered at the time the legislation was being formulated, which may impede its effectiveness in aiding law enforcement and reduce it to symbolic significance only. Given these difficulties, it is argued that registration is not an appropriate response to the problem of released sexual offenders in Ireland. Rather, from the social constructionist perspective, it is suggested that it is better to ‘treat’ the sex offender through less formal and stringent means in the community away from the criminal justice process.

Per una genealogia della giustizia penale internazionale: ambiguita' e paradossi

This article aims to consider the role for a critical criminology outside the national dimension, highlighting its continuities with studies in the critical tradition which have suggested the need to address State criminality and criminogenic structures more in general, but also suggesting a critique of international criminal law as a governmentality project.It reconstructs the genealogy of the international criminal justice system, following on from Schmitt and other well known authors, but it focuses in specific on its paradoxes, contradictions and ambiguities rather than its purely political effect. The authors argue that critical criminologists should engage with the international dimension of crime and control and approach this venture of a international criminal justice system as the possibility of “telling the truth” about State atrocities without missing on using strategically the category of human rights and law to bring to the fore minoritarian interests which are
usually denied by power discourses and economic forces.

‘The ‘Complexity of Imprisonment: The Northern Ireland Experience'

This article will examine the thesis that Northern Ireland experiences a relatively low level of crime. It will explore the possible reasons why crime in the North has not witnessed a dramatic increase. In light of this, the article will highlight the difficulties surrounding the current prison system and illustrate that once again Northern Ireland is experiencing a very different criminal justice system in comparison to Great Britain. Although the prisons are now being used predominately to deal with “ordinary’ crime”, they are still part of the political process.

Young People, Conflict and Regulation

Set against the progress claimed since the Good Friday/ Belfast Agreement, this article reflects the reality of life for children and young people as they negotiate the aftermath of the Conflict in Northern Ireland. Their experiences of informal and formal policing, community and State control, demonstrate the need to understand the lasting impacts of the Conflict when developing policies and practices affecting their lives. At a crucial defining period in the devolution of justice and policing, and based on primary research conducted by the authors, the article establishes key rights-compliant principles central to reform of youth justice.