Representing Theory and Theorising in Criminal Justice Studies: Practising Theory Considered

The author considers the role and place of theory in criminal justice studies. The argument is that the operation and interrogation of fundamental categories is integral to social scientific enquiry and if criminal justice studies is to resist a technocratic “protective service” orientation it must promote theorising and thinking conceptually via the texts which represent the discipline to undergraduates. Although theory is situated at the core of social science curricula, there is little or no agreement on its role or place in research and pedagogy. The dominant understanding of theory within criminal justice studies (including its sociological and criminological incarnation) is that it is something to be referred to. What is seldom emphasised in theory or methods texts is the practice of theorising. Texts that are designed to be the student’s first contact with the field of criminal justice studies, and which reflect broader attitudes toward social enquiry, seldom consider the methodological and pedagogical issues related to the production and role of analytic concepts and do not present social science as an imaginative or reflexive practice. Drawing on critical realist metatheory, this paper advances a distinction between social and sociological problems and social science and protective service toward illustrating that a social science approach to the study of criminal justice demands the operation and interrogation of analytic categories and explicit consideration of issues of epistemology and ontology. Works which seek to avoid this serve only to foster a passive rather than active engagement with their subject matter.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

Recidivism Outcomes for Suburban Mental Health Court Defendants

Mental health courts have recently emerged as one means to reduce the number of persons with mental illness in the criminal justice system. Using a post-test only comparison group design, this study examined rearrest rates for 1 year post discharge among three groups meeting admission criteria for a municipal mental health court. The rearrest rate of defendants who successfully completed the program (N = 351) was 14.5%, compared to 38% among defendants negatively terminated from the program (N = 137), and 25.8% among defendants who chose not to participate (N = 89). This positive result held even when controlling for a range of variables in a Cox regression survival analysis. Factors associated with rearrest are identified for each of the three groups.     

Interventions for Intimate Partner Violence: A Historical Review

Intimate partner violence (IPV), also known as domestic abuse or relationship violence, has generated a large research literature for the last half-century, particularly in the areas of criminal justice, psychology, and the social sciences. Interventions for victims and perpetrators of IPV have largely been sequestered to separately evolving efforts of law enforcement and the psychotherapeutic community (Chang et al. Women’s Health Issues, 15(1), 21–30, 2005; Dalton Journal of Aggression, Maltreatment & Trauma, 15(1), 59–75, 2007; Dobash and Dobash 2000; Feder et al. 2008; Gerbert et al. Journal of Family Practice, 49(10), 889–895, 2000; Wathen and MacMillan. Journal of the American Medical Association, 289(5), 589–600, 2003). This article presents a brief overview of the historical evolution and development of these discrete perspectives and identifies and assesses current collaborative interventions rooted in these historical precedents. In conclusion, the authors provide a summative discussion of the most current findings of research into IPV interventions, with a particular focus on the changing roles of race and gender in both the criminal prosecution of IPV and services provided to IPV perpetrators and victims.     

Guilty Pleas in an Inquisitorial Setting – An Empirical Study of France

Anglo‐American guilty pleas have inspired criminal justice reformers in many inquisitorially based systems in recent years, in response to caseload pressures. In France, two different procedures based on the defendant's confession were introduced in 1999 and 2004 respectively: an out‐of‐court disposal (the composition pénale) and a prosecution pathway (the comparution sur reconnaissance préalable de culpabilité). Basing its analysis upon direct observations and interviews with French public prosecutors, this article examines the impact of these procedures on the French criminal justice system and its actors. Rather than a move from an inquisitorial to a more adversarial system, data collected for this study show a bureaucratization of the French criminal justice process. The role of public prosecutors is changing from that of judicial officers to caseload managers who have delegated part of their workload to less qualified staff for efficiency purposes.     

The Process Matters: Fairness in Repository Siting For Nuclear Waste

Siting contested infrastructure such as repositories for nuclear waste very often faces strong local resistance. One major reason for this opposition may arise because siting processes do not appropriately consider fairness issues such as transparency, the availability of options, or the sufficient involvement of concerned and affected people. The aim of this study was to analyze people’s concerns related to justice in siting nuclear waste. Besides procedural aspects, both distributive justice and outcome valence are considered important and therefore the “total fairness model” by T?rnblom and Vermunt (Soc Justice Res 12:39–64, 1999) was used as a framework. In three quasi-experimental studies (N ₁ = 53; N ₂ = 56; N ₃ = 83) applying conjoint analysis, respondents ranked 11 vignettes with the three attributes procedural justice, distributional justice, and outcome valence. Each vignette represents a realistic scenario of a site selection process for the disposal of nuclear waste in Switzerland. All the three studies yield a consistent result: vignettes representing a situation with a fair process are top-ranked by respondents; situations with negative outcome valence are ranked lowest; distributive issues turned out to be of minor importance. We conclude that procedural fairness should be given more attention in any kind of contested infrastructure siting and that real-world examples like the one discussed here can inform justice research.     

Babble: A Theater in Justice and Discourse

The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice, to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper” or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into the foreground of justice research.

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<Emphasis Type="Italic">Random Activities Theory</Emphasis>: The Case for ‘Black Swan’ Criminology

In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures. Potential objections and implications for public policy are discussed at length.     

Crime and Security in Asia: Diversity and Development

The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention and to promote comparative studies about crime and criminal justice. Asia’s cultural and legal diversity are discussed in the light of the variations in rates of crime, imprisonment and victimisation. Fostering a criminological community in Asia will contribute to improvements in the provision of mutual legal assistance that is now required to combat trans-national crime.     

Bridging the Gap: A Pragmatic Approach to Understanding Critical Criminologies and Policy Influence

The longstanding connection between criminological theory, research and the design and delivery of criminal justice policy has been challenged in the last 3 decades by a variety of constraints such as the rise of neoconservative attitudes, symbolic public discourses about crime, and the proliferation of capture, monitor, and detect strategies brought about by technological innovation. Building on Kevin Haggerty’s (2004. Displaced expertise: three constraints on the policy-relevance of criminological thought. Theoretical Criminology, 8(2), 211–231.) exploration of the external factors that challenge the transition from criminological theory to criminal justice policy and practice, this paper considers internal challenges that may also be relevant. By examining two recent critical criminological orientating strategies, namely left realism and constitutive criminology, the paper concludes by suggesting that an integrated perspective which draws strengths from each of these approaches could assist critical criminologists to better influence policy in the future.

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The Hidden Arm of the Law: Examining Administrative Justice in Gun Carry Licensing

Responding to calls to “decenter” American penality beyond the carceral apparatus, this article ethnographically examines administrative process and dissects how it interlocks with criminal justice. To do so, it draws on an admittedly unusual, but theoretically generative, case: administrative gun boards, charged with issuing, denying, revoking, and suspending licenses to conceal carry a firearm. While scholars have examined gun ownership and gun carrying as a social practice, less attention has been paid to gun licensing as a state practice. Drawing on observations of over 900 cases from gun board meetings in two counties in Michigan, this paper examines how administrative process mimics, supplements, and facilitates criminal justice through three mechanisms: procedural pains, in which administrative process resembles criminal justice; parallel punishment, in which administrative process supplements criminal justice through withholding of benefits, entitlements or licenses; and valve‐turning, in which administrative process funnels, or threatens to funnel, claimants into the criminal justice system. Revealing how administrative process and criminal justice become mutually reinforcing, the findings extend and integrate scholarship that shows the material, symbolic, and psychic implications of criminal justice contact, on the one hand, with the increased tendency of administrative contexts to resemble criminal justice institutions, on the other.     

Correctional Policy for Offenders with Mental Illness: Creating a New Paradigm for Recidivism Reduction

Offenders with mental illness have attracted substantial attention over the recent years, given their prevalence and poor outcomes. A number of interventions have been developed for this population (e.g., mental health courts). They share an emphasis on one dimension as the source of the problem: mental illness. Their focus on psychiatric services may poorly match the policy goal of reducing recidivism. In this article, we use research to evaluate (a) the effectiveness of current interventions, and (b) the larger viability of psychiatric, criminological, and social psychological models of the link between mental illness and criminal justice involvement. We integrate theory and research to offer a multidimensional conceptual framework that may guide further research and the development of efficient interventions that meaningfully reduce recidivism. We hypothesize that the effect of mental illness on criminal behavior reflects moderated mediation (i.e., the effect is direct in the case of one subgroup, but fully mediated in another); and that the effect of mental illness on other “recidivism” is partially mediated by system bias and stigma. We use this framework to propose three priorities for advancing research, articulating policy, and improving practice.     

Toward an Interpretive Criminal Justice

This paper presents the academic field of criminal justice as an interpretive social science. The opening section discusses academic criminal justice from scientific and interpretive perspectives, arguing that the terminology of “justice” is essentially contested. The second section presents the key implication of a contested core terminology: that an interpretive approach is the best way to develop the academic field of criminal justice. Section three reviews central elements of the Gadamerian tradition, with an eye towards its application to the field of criminal justice. The fourth section considers two issues pertinent to an interpretive criminal justice—the problem of interpretation in a field where professional practice is destructive to other normative systems, and the contribution of an interpretive criminal justice to public policy.     

Demythelogizing Personal Loyalty to Superiors

This article examines the practice of personal loyalty to superiors, in general, and in criminal justice agencies, in particular. While practitioners are taught that their primarily loyalty is to the United States Constitution, State laws, departmental rules and regulations, they are organizationally taught that personal loyalty to superiors is paramount if they wanted their career to continue and prosper. As a result many practitioners are rightfully confused (even exhibiting paranoia) over who or what to be primarily loyal to, and at what price or risk. This unwarranted fear has been behind numerous acts of malfeasance and misfeasance; it can lower the workers’ morale, confuses the practitioners, and destabilizes the agency’s equilibrium. This article examines three types of workplace loyalties, and suggests, as an attempt toward reform, the use of a more sensible duty-based paradigm. Such a paradigm can be based on four practical propositions: (1) seriously examining why personal loyalty to superiors is deemed essential, if at all, especially since it is never mentioned in the agency’s rules and regulations; (2) taking the fear out of the language of “loyalty-disloyalty” by perhaps replacing the term with more benign and rather measurable terms such as “performance and collaboration;” (3) strengthening dutiful supervision; and (4) maximizing professional accountability.     

Using Google Scholar to Determine the Most Cited Criminology and Criminal Justice-Related Books

Building on recent research investigating the role of books in the discipline of criminology and criminal justice (C/CJ), this paper uses Google Scholar to identify the most cited books in the field. In particular, the researchers examined the most cited books in four different eras. Prior to1900, the most cited C/CJ-related book was On the Origin of Species. Merton’s Social Theory and Social Structure was the most cited book in the second era (1900–1949). The third era (1950–1999) produced the most cited work in the study, Foucault’s Discipline & Punish. And in the final era (2000 to present), Garland’s Culture of Control was the most cited work. The researchers also sought to determine the most cited books by women and African Americans/Blacks. The most cited book by a female author was Judith Herman’s Trauma and Recovery, and the most cited book by an African American/Black scholar was William Julius Wilson’s The Truly Disadvantaged. The authors conclude by arguing for the continued emphasis on demarcating the “great books” in the discipline.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Why Do the Finns Trust the Police?

Ideological trends in the criminal policy of the Nordic countries since the 1960s are analysed. Although criminal policy in these countries is not unified, one can argue for the existence of a 'Scandinavian criminal policy' characterized by several common features concerning historical tradition, intensive cooperation and a similar approach to crime prevention and control. The following trends and characteristics are examined in some detail: the cycle from criticism of the treatment ideology to a reappraisal of the role of the criminal justice system and the function of penal sanctions; the differentiation of criminal policy strategies (e.g. social and situational crime prevention, cost-benefit thinking, criminal law policy, sanctions policy). Discernible tendencies towards more unified or, at least, more harmonized criminal policies on the international and European level are also examined. Active participation in this developmental process is encouraged to ensure that the fundamental principles of Scandinavian criminal policy are properly utilized.     

Bridging the gap between judges and the public? A multi-method study

This article examines the gap between Dutch judges and the public in terms of preferred severity of sentences. It focuses on one particular explanation usually given for the gap: the lack of case-specific, detailed information on the part of the general public. Findings from three studies are reported and combined: (a) a survey among a sample from the Dutch population (N = 2,127), (b) a sentencing experiment with judges in Dutch criminal courts (N = 180), and (c) a sentencing experiment, using the same case materials as with judges, but now with a sample from the Dutch population (N = 917). Results show that providing the public with detailed case information indeed reduces severity of sentences preferred. Moreover, those members of the public who were given short and unbalanced newspaper reports preferred much harsher sentences than did those who were given the full case files. However, despite such a reduction in punitiveness as a result of information, the public’s preferred sentences remain much more punitive than judges’ sentences pertaining to exactly the same case files.