Management research in criminal justice: Exploring ethical issues

While there has been a steady increase of management research in criminal justice organizations in recent years, far too little attention has been devoted to the dilemmas surrounding these research efforts. The first dilemma is associated with the treatment of information or data while the second is associated with the treatment of human subjects. The purpose of this paper is to begin the debate in this sensitive area by exploring the primary ethical issues of each dilemma which must be constructively dealt with by management researchers if they are to avoid potential harm to their subjects, while at the same time, assure the validity of their results. Finally, several strategies which appear useful in addressing these ethical issues will be considered.     

Teaching criminal justice research: An experiential model

Teaching research methods to undergraduate criminal justice students typically has been viewed as problematic. Students often experience considerable anxiety concerning required research courses and frequently lack the motivation to learn and appreciate the usefulness of research. Experiential case studies have been successfully utilized to teach criminal justice students the application of theory in practical situations. An evaluation of the experiential model was made in a post-test only control group research design with two groups of criminal justice research students. The results of the comparison supported the experiential approach and showed greater success utilizing this method over a traditional teaching method.     

Persons with intellectual disabilities in the criminal justice system: review of issues

Although the vast majority of individuals with intellectual disabilities (ID) are law-abiding citizens, there is a small percentage with offending behaviour that is considered antisocial, socially inappropriate, or defined as illegal. It has long been recognised that individuals with ID or mental-health needs who break the law should be dealt with differently from the general population. There have been an increasing number of empirical studies in this area; however, these have been plagued by various definitional and methodological issues. Prevalence estimates of offenders with ID are complicated by diagnostic variations and inconsistencies in the criminal justice process. International studies have shown a large range, from 2% to 40%, depending on methodological approaches. The following review will highlight the salient issues including prevalence of offending, characteristics of offenders, vulnerabilities within the legal system, assessment, and a brief overview of intervention and treatment approaches.     

Women in criminal justice: Occupational interests

This study explores the extent to which women interested in careers in criminal justice tend to express interest in the female-role—compatible specialties within the field as compared to men and as compared to more traditionally male specialties. A sample of 288 criminal justice students was surveyed and the data revealed that females did express higher interest in female-role—compatible specialties both as compared to the males surveyed and as compared to their interest in most of the traditionally male positions. The results are especially noteworthy in that occupational areas recently opened to women (most especially police patrol officer) were of relatively low interest to those women as compared to traditionally female areas.     

Personal loyalty to superiors in criminal justice agencies

Public workers in general, and criminal justice workers in particular, have a problem understanding the concept of loyalty at the workplace—to what, to whom, and at what price. Despite the fact that rules and regulations almost never mention loyalty to superiors, this unexamined practice has been sacrosanct regardless of how unworthy, inefficient, or immoral these superiors may be. Furthermore, the obligation of loyalty to persons rather than principles can encourage corruption, promote mediocrity, and demoralize the workers. Ironically, if both workers and superiors were loyal to departmental values, they would, by natural association, be loyal to one another. In criminal justice agencies the selection of loyalty objects can be as intriguing as the fear of being accused of disloyalty is real. This article discusses the arguments for and against personal loyalty to superiors, the risks to public service inherent in such relationships, and the organizational dangers involved in such pacts. As an alternative to personal loyalty to superiors, this article proposes a professional model based on organizational identification and individual accountability in which dutiful supervision is strengthened while superiors are appreciated as philosopher kings, role models, and mentors.     

Community service: its use in criminal justice

Community service has been perceived as a desirable alternative to the use of short-term imprisonment as a response to increasing crime rates. Although heavily used in Western Europe and the Old Commonwealth, its adoption in the United States has been localized and patchy. Use in Asia, South America, and Africa is limited. This article reviews the use of community service in selected countries around the world. It concludes that community service can be used as a pretrial diversion, as a condition of probation or parole, or as an option to work off a fine by an impoverished offender. Very often, it is itself a stand-alone sentence, but it can also be used in addition to other sentences. Some countries give community service a secure place in the sentencing tariff, whether as retributively oriented "hard end" penalties or as rehabilitative and/or restorative endeavors. Others leave usage, within broad qualification criteria, to the discretion of sentencers.     

The right to counsel in Iranian criminal justice system

Criminal law deals with very important aspects of the life in the society. The subjects of the crime, health, reputation … are so important that endangering them requires punishment and it is told that the society in order to protect the public order should punish the perpetrators. There is no doubt that the criminals should be punished. The punishment enacted by the legislator should be proportional. The more serious the crime, the more severe the punishment. But, it seems that in the process of criminal trial, the accused has rights too. It means that society has not an absolute authority in accusation and punishment and in addition to the proportionality and justification of punishment the trial should be fair. In other words, it is not possible to speak about justice any more if the criminal is punished proportionally and rightly but not fairly, i.e. without allowing him/her to present his/her case, defend him/herself and obtain legal aid or sufficient information. Iranian criminal law, like other criminal justice systems in respecting the rights of the accused, has provided the right to counsel. This value can be expressed in the concept of the rule of law, recognized in international documents. It seems that the standards of the criminal procedure are mostly determined and developed under the influence of this concept. The current paper considers different aspects of the right to counsel in Iran.     

Designed to fail: Self-control and involvement in the criminal justice system

This study investigates self-control theory using official and selfreported criminal records of 500 adult offenders. Four items derived from rapsheets (aliases, date of birth, place of birth, and social security number) are used as indicators of the self-control construct. Negative binomial regression models indicate a significant inverse relationship between self-control and escape arrests, failure to appear violations, probation and parole violations, felony convictions, and prison sentences. Since system involvement entails discipline, tenacity, and responsibility, offenders with low self-control are more likely to experience a criminal justice system failure.     

Working together to cut numbers in the criminal justice system

Here at the Centre for Crime and Justice Studies, we are not strictly speaking a campaigning organisation. However, we are interested in forming a coalition with academics, practitioners, our members and all those for whom the current rate of imprisonment and the government's concerted lack of commitment to the significant reduction of prison numbers, is of grave and ongoing concern; it is unacceptable.     

Presidential address: Juvenile justice at the crossroads: Presidential address to the academy of criminal justice sciences

Three interacting factors appear to significantly affect our treatment of youths and thus our juvenile justice policy: ideology, the media, and politics. As a result of these factors, although juvenile violent crime is decreasing, legislatures still advocate a harsh, punitive stance toward youthful offenders. Legislative initiatives have resulted in determinate sentencing for juveniles, more youths handled by the adult criminal court, and more youths sentenced to adult institutions. Recent evidence suggests that the public supports more prevention and early intervention strategies for youths and favors rehabilitation rather than punishment. These conflicting trends suggest that we are at a crossroads: the juvenile justice system can continue its harsh, reactive stance, or it can choose a more proactive approach. The members of the Academy of Criminal Justice Sciences have an opportunity to play an active role in the development of criminal justice policy.     

Resistance to the mainlandization of criminal justice practices: a barrier to the development of restorative justice in Hong Kong

This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the "mainlandization" of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as "rule by the people," "absence of the presumption of innocence," "leniency for self-confession and severity for resistance," and "toeing the party line," RJ would be devoid of any restorative substance and could breach the principles of due process.     

The rhetoric of personal loyalty to superiors in criminal justice agencies

Nowhere in public law is the idea of personal loyalty to superiors mentioned, yet criminal justice practitioners suffer from a “personal loyalty syndrome.” This syndrome holds them responsible to an altogether different set of loyalty expectations. They are often compelled to offer personal loyalty to unworthy superiors and, as a result, violate constitutional provisions, legal requirements, or the public good. While no organizational rules require any such loyalty, criminal justice practitioners are invariably taught that issues of loyalty at the workplace are so important that one cannot survive without personal loyalty to superiors. They are also reminded that violating such a “commandment” is a cardinal sin that can destroy one's career. This article discusses the arguments for and against personal loyalty to superiors and the dangers inherent in such relationships. It explains the grammar of loyalty at the workplace, explores the paradoxes of personal loyalty to superiors, and suggests a duty-based model as an alternative to the current model.     

What is procedural justice: Criteria used by Dutch victims to assess the fairness of criminal justice procedures

The study examines the meaning of procedural justice to Dutch victims of crime. Using victimological research and the group-value or relational model or procedural justice developed by Lind and Tyler, a model for procedural justice judgments is developed and tested using the structural equation model. Data used for the analysis consist of 221 interviews with victims regarding their experience with the public prosecution. Although the emerging model differs from that of Lind and Tyler, results support Lind and Tyler's assertion that procedural justice judgments are normative and not instrumental. Victims are particularly concerned about being treated with dignity and respect and are not interested in influencing the outcome of their case.     

The outcome of our lives: a commencement address to criminal justice students

On May 18, 2003, Tom Dexter (d. April 15, 2004) delivered the commencement address to the graduates of the School of Criminal Justice at the University of Albany, State University of New York. Mr. Dexter had worked in and administered various agencies of criminal justice for over 40 years, always searching for the most human way possible for himself and his staff to treat those ‘treated’ by the system. Always open to new ideas himself – indeed, to the outcomes of his own behavior – he was instrumental in bringing together faculty from the School of Criminal Justice and staff from the St. Anne Institute and La Salle School in Albany, New York, for a decade‐long research project, the Service Outcomes Action Research (SOAR). The focus of the project is on the impact or effect of those institutions on the young people they are ordained to serve.     

Agenda building in criminal justice: The case of determinate sentencing

An understanding of policy development, change and implementation is a necessary ingredient in analysis of criminal justice policy. This paper attempts to describe the process of policy formation in criminal justice within the framework, of “Agenda Building.” Through case studies of sentencing reform policy changes in two states, the applicability of the Agenda Building model to the study of criminal justice policy is demonstrated. The argument is advanced that, through the use of such approaches to the study of justice policy change, we will enhance our understanding of the diversity of specific policies and practices which can emerge from an apparently unified reform movement. Further, it is suggested that an enhanced understanding of policy development will allow reformers to better direct and control policy formulation.