Ageing Behind Bars, with particular reference to older women in prison

Since the 1980s, prison officials, policy makers and researchers have witnessed an astonishing phenomenon in the USA and the UK: increasing numbers of older adults are entering the criminal justice system and in particular prison, finding themselves locked behind steel doors and razor wire fences. So much so that researchers and policy makers are beginning to turn their attention to policy issues such as economic costs, housing, end-of-life issues and institutional management of older offenders. This paper discusses what is currently known about older persons in prison, with particular reference to women prisoners, and gives recommendations as to how to respond to these people’s needs.

Factor structure and validity of the Alcohol Use Disorders Identification Test (AUDIT) in a sample of mentally disordered offenders

Investigations of the factor structure of the Alcohol Use Disorders Identification Test (AUDIT) have produced conflicting results. The current study assessed the factor structure of the AUDIT for a group of Mentally Disordered Offenders (MDOs) and examined the pattern of scoring in specific subgroups. The sample comprised 2005 MDOs who completed a battery of tests including the AUDIT. Confirmatory factor analyses revealed that a two-factor solution – alcohol consumption and alcohol-related consequences – provided the best data fit for AUDIT scores. A three-factor solution provided an equally good fit, but the second and third factors were highly correlated and a measure of parsimony also favoured the two-factor solution. This study provides useful information on the factor structure of the AUDIT amongst a large MDO population, while also highlighting the difficulties associated with the presence of people with mental health problems in the criminal justice system.

Threats to the Presumption of Innocence in Irish Criminal Law:An Assessment

The existence of four contemporary threats to the presumption of innocence in England and Wales has recently been posited by Ashworth. In his examination of legislation and case law impacting on the presumption, he concludes ‘generally recognised as a fundamental right it may be, but its precise significance for the defendant is so contingent as to raise doubts’. In an Irish context, Hamilton too has written of the ‘growing insignificance of the presumption of innocence for accused persons’ such that ‘[its] tangible benefits [appear] little in evidence’ in our criminal justice system. In light of these rather depressing diagnoses, the aim of this paper is to attempt to take stock of the law in the Republic of Ireland impacting upon the presumption of innocence as well as to search for some possible explanations for recent developments.

Changing shape and shifting boundaries - the media portrayal of probation in Ireland

Literature on the media representation of probation highlights that probation as a ‘brand’ and concept is poorly understood and lacks public visibility. This has implications for its legitimacy and credibility. In this article we explore probation’s visibility in one country, the Republic of Ireland, through a critical analysis of print media representations of probationover a 12-year period (2001 to 2012). While our study finds that the majority of the coverage of probation was either positive or neutral in tone, we note a recent shift towards a more negative tone that we argue is reflective of the changing shape of the penal-probation boundaries. These changes are linked to resourcing of the criminal justice system and have implications for the public perception of probation.

Personalising Crime and Crime-fighting in Factual Television:an Analysis of Social Actors and Transitivity in Language and Images

This article addresses the lack of work on media and crime in Critical Discourse Analysis (CDA), using an example of a factual television crime report. The existing research in media studies and criminology points to the way that the media misrepresents crime by distorting public understandings and backgrounding structural issues, such as poverty, which are related to crime thereby legitimising a criminal justice system that serves the interests of the powerful in society. Using social actor and transitivity analysis, this article shows how multimodal CDA can make an important contribution as it reveals the more subtle linguistic strategies and visual representations by which this process is accomplished, showing how each plays a part in the recontextualisation of social practice. This programme backgrounds which crimes are committed but foregrounds mental states and the neutrality of policing.

Research Protocol: A Randomized Controlled Trial of Functional Family Therapy: An Early Intervention Foundation (EIF) Partnership between Croydon Council and Queen's University Belfast

The paper presents a protocol for ‘A Randomized Controlled Trial of Functional Family Therapy (FFT): An Early Intervention Foundation (EIF) Partnership between Croydon Council and Queen's University Belfast’. The protocol describes a trial that uses FFT as an alternative intervention to current use of the youth justice system and local authority care with the aim of reducing crime/recidivism in young people referred to Croydon Council. The trial will take place over a period of 36 months and will involve up to 154 families. Croydon Council will employ a team of five Functional Family Therapists who will work with families to promote effective outcomes. The Centre for Effective Education at Queen’s University Belfast will act as independent evaluators of outcomes for families and young people. The work is supported from the United Kingdom Economic & Social Research Council/Early Intervention Foundation Grant Number ES/M006921/1.

Oltre il "Momento dell'Abolizione":Saggio in memoria di Louk Hulsman

This article is written to celebrate the fine contribution and constant optimism of Louk Hulsman to the debate about penal abolition, the rethinking of popular and political discourses on ‘crime’, and the institutionalised responses of the ‘criminal justice system’. Reflecting on his experiences of incarceration and on his critical analysis of the political economic relations of power, Louk Hulsman talked of the defining ‘moment of abolition’ – his reading of Thomas Mathiesen’s ground-breaking text, The Politics of Abolition. Having considered the key elements of Louk Hulsman’s work and its critical challenge to the criminological enterprise, the article explores the apparent political contradiction in campaigning for humane conditions while seeking abolition within the context of an ever-expanding, global prison-industrial complex.

The community trigger for anti-social behaviour: protecting victims or raising unrealistic expectations?

In October 2014, a statutory remedy for victims of anti-social behaviour became available called the community trigger. It affords complainants a right to request a review of their case if they consider that the response from local agencies has been inadequate. The Government has hailed the reform as “putting victims first”. This article first explores the context behind this reform. This includes a number of high profile cases involving the deaths of complainants after systematic failures led to prolonged exposure to anti-social behaviour. The article then examines the provisions and how they are likely to operate in practice. It argues that whilst much will depend upon implementation, the community trigger has the potential to improve the level of service offered to vulnerable complainants without necessarily impacting adversely on the rights of alleged perpetrators. As such, the community trigger may provide a model from which other areas of the criminal justice system may draw.

The Elasticity of Rehabilitation

This paper contributes to a debate on what constitutes rehabilitation. Current criminal justice practice tends to focus on lowering recidivism by utilising strategies geared towards cognitive behavioural modification and educational/vocational skill development. The paper focuses on the perspectives of custodial educators in a Juvenile Justice Centre in Northern Ireland. Their definition of rehabilitation is less concerned about lowering recidivism and instead focuses more on meeting the needs of the young people entering custody, more so than preparing them for their return to the community. Education staff present a model of rehabilitation that is fundamentally about improving the lives of young people. Despite expecting young people to return to custody Education staff contend that young people’s lives improved because they were exposed to a welcoming, caring and pro‐social environment which has helped the young people transform inttody.

The inclusion and juridification of victims on the Island of Ireland

Concern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims’ satisfaction in the criminal justice system. Both the Republic of Ireland and Northern Ireland have seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this chapter is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated.

While separated into two legal jurisdictions, the Republic of Ireland and Northern Ireland as common law countries have both grappled with similar challenges in improving crime victim satisfaction in adversarial criminal proceedings. This chapter begins by discussing the historical and theoretical concern for crime victims in the criminal justice system, and how this has changed in recent years. The rest of the chapter is split into two parts focusing on the Republic of Ireland and Northern Ireland. Both parts examine the provisions of services to victims, and the move towards more procedural rights for victims in terms of information, participation, protection and compensation. The chapter concludes by finding that despite being different legal jurisdictions, the Republic of Ireland and Northern Ireland have introduced many similar reforms for crime victims in recent years.

Unwilling Executioner:Crime Fiction and the State

What gives crime fiction its distinctive shape and form? What makes it such a compelling vehicle of social and political critique? Unwilling Executioner argues that the answer lies in the emerging genre's complex and intimate relationship with the bureaucratic state and modern capitalism, and the contradictions that ensue when the state assumes control of the justice system. This study offers a dramatic new interpretation of the genre's emergence and evolution over a three hundred year period and as a genuinely transnational phenomenon.

Características e especificidades de jovens agressores sexuais

Nos últimos anos o estudo da violência sexual juvenil tem vindo a atrair a atenção dos serviços de saúde mental, de justiça juvenil e de políticas públicas, bem como de vários investigadores. Teoricamente existem duas perspetivas explicativas da ocorrência das agressões sexuais cometidas por adolescentes. A perspetiva generalista sugere que os crimes sexuais cometidos por jovens são mais uma manifestação de tendências delinquenciais genéricas, em que as agressões sexuais constituem apenas uma parte do comportamento antissocial do adolescente. A segunda abordagem, denominada de perspetiva especialista, entende que os jovens agressores sexuais se distinguem dos outros adolescentes agressores, argumentando que existem diferentes fatores explicativos das agressões sexuais de outras agressões delinquentes. A presente investigação, composta por cinco estudos, teve como objetivo obter resultados que pudessem contribuir para a discussão internacional sobre qual das perspetivas parece explicar de modo mais apropriado o comportamento sexualmente agressivo de jovens menores de idade. Para o efeito recorreu-se a uma amostra total de 118 adolescentes agressores sexuais (61 violadores e 57 abusadores sexuais de crianças), tendo sido efetuadas análises comparativas com 112 jovens agressores não sexuais e 98 não agressores num conjunto de dimensões (características demográficas, tipológicas, criminais, problemas de comportamento, tendências antissociais, características familiares, sociais e comunitárias e interesses sexuais). Os resultados permitiram observar algumas características diferenciadoras de jovens agressores sexuais por violação de jovens agressores sexuais de crianças. Possibilitaram, igualmente, a observação de características semelhantes entre jovens agressores sexuais e jovens agressores não sexuais, sugerindo que em algumas dimensões são, genericamente, análogas. A exceção parece centrar-se em torno das variáveis relacionadas com a sexualidade (conhecimentos e interesses sexuais atípicos). As implicações destes resultados são discutidas em torno da avaliação psicológica e da avaliação do risco de reincidência, bem como na intervenção e prevenção de comportamentos de agressão sexual juvenil.

Disfuncionalidades do sistema jurídico criminal do Brasil em face do direito fundamental à segurança

Tese de doutoramento, Direito (Ciências Jurídico-Políticas), Universidade de Lisboa, Faculdade de Direito, 2014

The role of implicit theories in the formation of expert opinion in portuguese criminal law

Tese de doutoramento, Ciências e Tecnologias da Saúde (Medicina Legal e Ciências Forenses), Universidade de Lisboa, Faculdade de Medicina, 2014

A intervenção dos orgãos de polícia criminal em sede de julgamento

Currently, Portugal assumes itself as a democratic rule of substantive law State, sustained by a legal system seeking the right balance between the guarantee of fundamental rights and freedoms constitutional foreseen in Portugal’s Fundamental Law and criminal persecution. The architecture of the penal code lies with, roughly speaking, a accusatory basic structure, “deliberately attached to one of the most remarkable achievements of the civilizational democratic progress, and by obedience to the constitutional commandment”, in balance with the official investigation principle, valid both for the purpose of prosecution and trial. Regarding the principle of non self-incrimination - nemo tenetur se ipsum accusare, briefly defined as the defendant’s right of not being obliged to contribute to the self-incrimination, it should be stressed that there isn’t an explicit consecration in the Portuguese Constitution, being commonly accepted in an implicit constitutional prediction and deriving from other constitutional rights and principles, first and foremost, the meaning and scope of the concept of democratic rule of Law State, embedded in the Fundamental Law, and in the guidelines of the constitutional principles of human person dignity, freedom of action and the presumption of innocence. In any case, about the (in) applicability of the principle of the prohibition of self-incrimination to the Criminal Police Bodies in the trial hearing in Court, and sharing an idea of Guedes Valente, the truth is that the exercise of criminal action must tread a transparent path and non-compliant with methods to obtain evidence that violate the law, the public order or in violation of democratic principles and loyalty (Guedes Valente, 2013, p. 484). Within the framework of the penal process relating to the trial, which is assumed as the true phase of the process, the witness represents a relevant figure for the administration of criminal justice, for the testimonial proof is, in the idea of Othmar Jauernig, the worst proof of evidence, but also being the most frequent (Jauernig, 1998, p. 289). As coadjutant of the Public Prosecutor and, in specific cases, the investigating judge, the Criminal Police Bodies are invested with high responsibility, being "the arms and eyes of Judicial Authorities in pursuing the criminal investigation..." which has as ultimate goal the fulfillment of the Law pursuing the defense of society" (Guedes Valente, 2013, p. 485). It is in this context and as a witness that, throughout operational career, the Criminal Police Bodies are required to be at the trial hearing and clarify the Court with its view about the facts relating to occurrences of criminal context, thus contributing very significantly and, in some cases, decisively for the proper administration of the portuguese criminal justice. With regards to the intervention of Criminal Police Bodies in the trial hearing in Court, it’s important that they pay attention to a set of standards concerning the preparation of the testimony, the very provision of the testimony and, also, to its conclusion. Be emphasized that these guidelines may become crucial for the quality of the police testimony at the trial hearing, thus leading to an improvement of the enforcement of justice system. In this vein, while preparing the testimony, the Criminal Police Bodies must present itself in court with proper clothing, to read before and carefully the case files, to debate the facts being judged with other Criminal Police Bodies and prepare potential questions. Later, while giving his testimony during the trial, the Criminal Police Bodies must, summing up, to take the oath in a convincing manner, to feel comfortable, to start well by convincingly answering the first question, keep an attitude of serenity, to adopt an attitude of collaboration, to avoid the reading of documents, to demonstrate deference and seriousness before the judicial operators, to use simple and objective language, to adopt a fluent speech, to use nonverbal language correctly, to avoid spontaneity responding only to what is asked, to report only the truth, to avoid hesitations and contradictions, to be impartial and to maintain eye contact with the judge. Finally, at the conclusion of the testimony, the Criminal Police Bodies should rise in a smooth manner, avoiding to show relief, resentment or satisfaction, leaving a credible and professional image and, without much formality, requesting the judge permission to leave the courtroom. As final note, it’s important to stress that "The intervention of the Police Criminal Bodies in the trial hearing in Court” encloses itself on a theme of crucial importance not only for members of the Police and Security Forces, who must welcome this subject with the utmost seriousness and professionalism, but also for the proper administration of the criminal justice system in Portugal.