No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

Crafting public security: demilitarisation,penal state reform and security policy-making in post-authoritarian Chile

ABSTRACT

Here I dissect the institutionalisation of ‘citizen security’ as a category and sector of public policy in post-authoritarian Chile. Deploying a Bourdieusian field theory approach and questioning narratives of security policies as responses to criminality or adaptations to democratic values, I argue that the construction of a new security policy sector – with a new consensus (distinct from that of National Security), with reformed police and courts in its core, leaving aside the military and extending beyond traditional agencies – derives from (i) struggles over policing and criminal justice reforms, (ii) tensions between the military and democratic authorities in democracy and (iii) performative integrations of the new policy components. These mechanisms explain the evolution of the security problem and the progressive aggregation of bureaucratic agencies and methods to the ‘public security policy’ – policing, judiciary, urban design, prisons and prevention plans. I close discussing alternative accounts of institutional variations in security governance in the region.     

Revisiting the role of distributive justice in Tyler’s legitimacy theory

Objectives

Tyler’s theory of legitimacy identified procedural justice and distributive justice as antecedents of legitimacy, but placed distributive justice in a relatively minor position compared with procedural justice. This has led to researchers paying less attention to distributive justice in the development of theory, despite consistent findings that distributive justice is important to a number of outcomes for criminal justice authorities. This report uses uncertainty management theory to revisit Tyler’s legitimacy model and gain a more nuanced understanding of distributive justice.

Methods

The proposed model is tested using a series of latent variable analyses conducted on a sample of 2169 adults and a factorial vignette design. The vignette design randomly manipulates outcome favorability and officer behavior during a hypothetical traffic stop. Multiple indicator multiple cause (MIMIC) models are then utilized to test the impact of these manipulations on perceptions of procedural justice and distributive justice. This is followed by a structural equation model that tests the relationships between procedural justice, distributive justice, and legitimacy.

Results

Officer behavior is a primary predictor of both procedural justice and distributive justice. Furthermore, the results demonstrate that distributive justice judgments are shaped by perceptions of procedural justice. Accordingly, distributive justice mediates the relationship between procedural justice and legitimacy.

Conclusions

Distributive justice should not be treated as a competing explanation for legitimacy evaluations, but as a concept that contextualizes why procedural justice is important.

     

Gender,disasters and climate: Case of internal displacement in Assam,India

Social vulnerabilities are exacerbated as a result of human mobilities in the face of climate-related disasters. Framing these mobilities as a response to disasters masks the underlying systemic issues but helps to explore and understand the connections between climate change, disasters, and displacement, and particularly helps to identify which internal displacement patterns emerge as either adaptive or maladaptive strategies.

Using a case study approach, this article juxtaposes Assam’s history with floods, erosion, and extreme rainfall since 2012–2013 with people’s mobility as an emerging form of adaptive capacity. It contextualises key concepts of gender justice, using them to understand gendered recovery processes following disasters. This article advances the concepts of justice and migration by looking at the role and impact various patterns of mobilities have on vulnerable groups, particularly women.

While there is an increasing body of research examining the climate change–migration nexus, what is needed is a focus on understanding internal displacement using an environmental and gender justice lens. This approach must include debate and further research on internal displacement, and strengthening policy approaches to make them both climate resilient and migrant inclusive.

     

Scholarly Influence in Criminology and Criminal Justice of China

Scholarly influence in criminology and criminal justice (CCJ) is not a new topic. However, in terms of international scholarly influence in Chinese criminology, there still exists no relevant literature, though emphasis on studying China has been increasingly recognized by the international criminological academy. The current study conducts a comprehensive analysis of 191 CCJ articles on China from 20 mainstream CCJ journals and locates those who have done work on Chinese criminology. By productivity and citation analysis, we obtain several rankings of the scholarly influence in Chinese criminology. The most prolific individual identified by the current study is Jianhong Liu; the most productive institution is the City University of Hong Kong; the most-cited scholar is Steven Messner, and the most-cited work is Policing and Punishment in China: From Patriarchy to ‘The People’ by Michael Dutton. Though the current study focuses on Chinese criminology, few local mainland Chinese scholars and publications in Chinese are among the dominant contributions.

     

Restorative Justice,Consistency and Proportionality: Examining the Trade-off

Abstract

Restorative justice conferences that operate as sentencing mechanisms involve the making of a trade-off between empowering lay participants to make their own decisions, and the requirements of consistency and proportionality, which are established principles of sentencing. In current restorative justice practice, this trade-off tends to be made more in favour of consistency and proportionality, at the expense of the empowerment of lay participants.

Empowerment is central to key benefits of restorative justice, such as reducing recidivism and increasing victim satisfaction. However, its importance to the effectiveness of restorative justice is not always properly acknowledged. In addition to this lack of acknowledgment, there are both conceptual and practical problems with the principles of consistency and proportionality (particularly in the way that they are presented when considered in relation to restorative justice) that are often overlooked. As a result, the tendency is for assumptions to be made about the necessary supremacy of these principles over empowerment. This paper urges more acknowledgement of the importance of empowerment in restorative justice, together with a greater appreciation of the problems with consistency and proportionality, with a view to challenging assumptions about the way that the trade-off must be made.     

Desperately Seeking ‘Justice’ in Classical Chinese: On the Meanings of Yi

This essay sets out to search for an equivalent Chinese word to the English word ‘justice’ in classical Chinese language, through ancient Chinese philosophical texts, imperial codes and idioms. The study found that there does not seem to be a linguistic sign for ‘justice’ in classical Chinese, and further, yi resembles ‘justice’ in some ways and has been used sometimes to translate  ‘justice’, but yi is a complex concept in traditional Chinese philosophy with multiple meanings and it is dissimilar to ‘justice’ in their semantic and pragmatic meanings in Chinese and English legal culture. While ‘justice’ is a keyword and fundamental to Western law, yi is not a legal word or concept in classical Chinese in traditional China. Given its complexity, yi does not have a one-to-one equivalent in English. It sometimes carries a sense of ‘righteousness’ and occasionally ‘justice’, but yi and ‘justice’ are not equivalent. In view of these, it becomes understandable that the translations of yi in contemporary Chinese usage vary ranging from ‘friendship and justice’ to ‘greater good’, among others. The meaning of yi is still uncertain and context sensitive as it was two thousand years ago.

     

The construction of allegedly abused children’s narratives in Scottish criminal courts

This study investigated lawyers’ use of social narratives surrounding child sexual abuse when questioning 66 5- to 17-year-old alleged victims in Scottish criminal courts using a mixed-methods approach. Thematic analysis found that the use of beliefs and stereotypes varied depending upon the lawyers’ role (defense/prosecution), children’s age, and the alleged victim-defendant relationship. These findings were investigated further using narrative analysis, which showed that, with increasing age and decreasing familiarity with defendants, narratives increasingly focused on the characteristics and actions of the victims rather than the defendants. Older children contributed more to narratives than younger children, but their contributions were only incorporated into the prosecutors’ narratives. Defense lawyers adopted more victim-blaming tactics as the narratives developed. Findings suggest that the criminal justice system, practitioners, and researchers must do more to recognize and guard against the reinforcement of stereotypes that may influence public rhetoric and jury decision-making.     

Deconstructing Transitional Justice

Transitional justice as a field of inquiry is a relatively new one. Referring to the range of mechanisms used to assist the transition of a state or society from one form of (usually repressive) rule to a more democratic order, transitional justice has become the dominant language in which the move from war to peace is discussed in the early twenty-first century. Applying a deconstructive analysis to the question of transitional justice, the paper seeks to interrogate the core assumptions that underlie transitional justice literature in relation to the relationship between law, politics and justice. As a discourse, transitional justice is replete with antinomies or binary oppositions, that of war and peace being the most obvious. Therefore the essentially deconstructible structure of differánce already exists within the concept. By examining the ways in which legal and political narratives are framed and reproduced, the paper seeks to deconstruct the opposition between law and politics on which much of the transitional justice literature rests. The article does not purport to provide a definitive critical analysis of transitional justice but aims to provoke debate and to prompt critical scholars to engage with the themes raised by providing an introductory analysis of some of the core features of a field of inquiry which seems ripe for deconstruction.     

City/Courthouse Building: A Mirror Game. Examining Connections Between Courthouse Buildings and Location in the Urban Environment

Courthouses are one of the founding pillars of the modern rule of law, being a sovereign body. But courthouses are not just buildings where justice is applied, administered, and written. From Max Weber on, courts have been associated with the urban dimension and the place they occupy in the geography of the cities. As in a mirror game, both city and court building look at each other, both shape each other, they belong to one another. And yet, how often do we think of their intimate interactions? Having this in mind, and by examining a number of geographically disparate cases, I intend to discuss correlated variations of the mirror game between city and courthouse building, where variables such as ‘the proxemics of the courthouse’, the (dis)alignment amid centre and periphery, ‘the sense of loss’ and the significance of control/discipline will be central to comprehend the ‘court/city’ narratives involved. Such semiotic analysis aims to foster reflection on the socio-political weight the location of the court—the connections of the building (comprising its architecture) and the city—may express. I conclude by arguing that courthouse buildings must rediscover their place and legitimacy, not only in the community’s collective imagination, but also in the urban space, promoting a closer dialogue with the cities in which they operate, as essential axes of city life. Particularly at a time when the likely way forward suggests a digital trajectory, possibly without the need for buildings.

     

Being a woman judge in Turkish judicial culture

ABSTRACT

This study is a feminist exploration of how gender influences the professional and social lives of women judges in Turkey. I asked women judges from lower courts to talk about their professional journey to explore if and how gender emerges as a category that makes sense to them. Gender was sometimes more visible in the form of a “success” story of playing along men’s rules, or in memories of struggling to balance work and family; while other times it was more implicit in narratives on meeting expectations, failing expectations, ignoring expectations. All in all, these narratives attest to the gendered hierarchies and instances of institutional sexism in what is considered a masculine profession. They also reveal the prevalence of a particularly conservative and patriarchal culture upon the ways in which these inequalities and disadvantages are experienced by women judges in Turkey.     

Narrative accounts from the citizens,victims, and offenders restoring justice program

This paper describes the Citizens, Victims, and Offenders Restoring Justice (CVORJ) program, a prison-based program conducted as a pilot study at the Washington State Reformatory. The program brings together offenders and victims - though not involved in the same crime - in the company of interested community members to discuss restorative justice principles. The program focuses on the sharing of personal narratives of crime to explore how the harms resulting from crime can best be addressed and justice achieved. Of interest was how a restorative justice model that highlighted community participation could be incorporated into a correctional setting and whether healing could result from the use of surrogate offenders, victims, and community members. The restorative nature of the program, its method of operation, results from the qualitative evaluation, and key implementation challenges are presented.     

Narratives as the Cultural Context of Law

Law can be characterised as a highly specialized tool with strong social impact requiring social legitimization and acceptance. Law is also specific, abstract world. World that needs words to exist. To understand law and to share its content it is important to focus on narratives related to it. The article deals with the importance of narration in law as the consequence of discursive peculiarity of law and its dependence on the acceptance of societies. Law is culturally conditioned, and by means of narrative can combine the expectations of society concerning legitimation with legal rationality. The law cannot function exclusively as an abstract and formal structure nor an administrative apparatus, with own ways of legitimization or justification. Through social acceptance law gains its real form, but at the same time it is subordinated to cultural patterns. Changes in narratives change the law and then the real world. The article shows possible ways of analysis of narratives, narrative strategies and forms that are present in law.

     

Decentering Motherhood: Reentry Strategies for Women on Parole and Probation

As the population of mothers under state supervision rapidly increases, it is necessary to document and analyze their experiences. This research contributes to the literature by exploring the experiences of such mothers, highlighting narratives from mothers who transitioned to a halfway house as part of their reintegration. We analyze how such mothers define good mothering and how they construct and manage their own mothering in light of their histories of drug use and criminal justice involvement, which often lead to prolonged absences from their children. The discourses of priority and presence dominate the mothers’ narratives, supported by expectations from both probation/parole and the halfway house. Collectively our data suggest that mothers engage in a complex negotiation between state supervision and motherhood that reimagines the nature and practice of good mothering and adapts strategies for fulfilling state obligations.     

An Exploratory Study on the Relationship Between Justice and Social Conflict and the Mediating Role of Trust and Communication

This study aimed to analyze the effect of Korean people’s awareness of justice on the level of social conflict and the roles of trust and communication as mediating factors. Using the survey data obtained from 8000 Korean people in 2016, the study’s main findings are the following. First, the average values of justice and social conflict reveal that the respondents thought that Korean society is not fair and that social conflict is a serious issue. Second, the awareness of justice had a positive effect on the factors of trust and communication. This indicates that people who perceived society as fair were also more likely to perceive higher levels of trust and communication. Third, justice was the most influential factor on the level of social conflict, followed by trust in social institutions. Fourth, people’s age, education, and income levels also showed differences in the level of perception of social conflict. Finally, trust in social institutions was a mediating factor in the relationship between justice and social conflict and thus reduced the seriousness of social conflict.

     

Who wants to be an ideal victim? A narrative analysis of crime victims' self-presentation

The aim of this article is to analyse how self-presentation is performed in victim narratives and what possible variant features are present in the narratives. This is examined by means of narrative analyses of face-to-face interviews with crime victims (n = 6). The narratives were grouped into two categories: 1) narratives about the crime victim as an established citizen, and 2) narratives about the crime victim as an outsider. How the narrators presented their status in society was relevant for how they understood the offender, the crime, and Victim Support. Importantly, the interviewed victims did not construe themselves as ‘ideal victims’ as they all projected personal strength in their self-presentations. Furthermore, the victim narratives normalized (rather than idealized) the victim while construing the offender as in need of treatment. The article concludes by discussing future research needs and the role of victim self-presentations for psychological well-being and trust in the criminal justice system.     

National Security vs Criminal law. Perspectives,Doubts and Concerns on the Criminalisation of Organised Crime in England and Wales

This paper will interpret and critically analyse the new offence for organised crime in England and Wales (Section 45 of the Serious Crime Act 2015) from a criminological perspective in light of evidence found in research in the country. It will argue that changes in the law relate to changes in political narratives rather than to variations in the criminal panorama of organised crime. It will discuss these changes within three perspectives, which address various levels of concern: a narrative perspective, which reflects on the overlapping of meanings in the use of the words ‘organised crime’; an evolution perspective, which reflects on the origins of the new participation offences with reference to both national and international pressures; a management perspective, which reflects on some of the immediate effects of the new offences of organised crime on the criminal justice system. This paper will conclude that political narratives have indeed influenced criminal policy, while there is no significant change in the phenomenon of organised crime to justify such narratives.     

多元化纠纷化解机制研究——基于过程与阶段视角的分析

走出"诉讼中心主义模式"的观念束缚,须认清社会转型、矛盾多发的现实景况下法律的稳定性尚不能为司法、行政及守法提供足够的可预测性,一味强调司法化解纠纷的主导作用并不能有效化解纠纷,反而极易输出劣质正义。当下开展法官"大调解"运动为时宜之举但非长久之计。于此过程与阶段国情之下,大力探索并扶持非诉讼纠纷化解机制是构建多元化纠纷化解机制的必要之举。     

Procedural justice,obligation to obey,and cooperation with police in a sample of Jamaican citizens

ABSTRACT

Procedural justice theory plays a central role in understanding police–citizen relationships. To test the universality of procedural justice theory, researchers have tended to assess the relative impacts of normative and instrumental models of policing in different geopolitical contexts. Building on Reisig and Lloyd’s study in Jamaica, we test in the current study the relative impacts of procedural justice (a normative factor) and police effectiveness and risk of sanctioning (instrumental factors) on Jamaicans’ obligation to obey the police and willingness to cooperate with police. We found that procedural justice predicted both obligation to obey and cooperation, although obligation did not predict cooperation. And while effectiveness predicted obligation, it was not significantly related to cooperation. Lastly, older citizens were more willing to cooperate with police. The study’s implications for policy and future research are discussed.     

Crime and punishment in Rwanda

In 1994 Rwanda was devastated by genocide that killed hundreds of thousands of people and destroyed the country’s infrastructure. The credibility of the criminal justice system was questioned following the genocide because it had failed to stop the slaughter and may have contributed to it. In order to address these concerns, Rwanda rebuilt its criminal justice system in light of its history and troubled past. The success of the reestablishment may be debated but there can be no question that Rwanda had a tabula rasa with which to form an effective criminal justice system. Examining the law details the ideals of the criminal justice system as established post-genocide. These ideals exemplify the democratic process. Examining current events allows for a practical assessment of the success of the new system. In both theory and practice the country’s criminal justice system has changed drastically since 1994.