Revisionist history,visionary criminology,and needs-based justice

Although there may be some value in debating the question of whatever happened to radical criminology, I believe that it is more productive to think in terms of radical and/or critical continuities in pedagogy, research, and practice that have survived time and can be linked to current efforts in visionary criminology and transformative justice. Examining changes in the study of crime and justice from such a perspective, it can be argued that the antiestablishment criminologies of the year 2003 are not any more marginal, and in fact may be less marginal today than when radical criminology first burst onto the scene in the early 1970s.     

the death penalty: An American history

Stuart Banner's thoughtful book, The Death Penalty: An American History (2002), serves as the basis of this review essay which explores the forces shaping the nation's experiences with capital punishment. The essay traces Banner's account of important death penalty developments throughout American history and examines justifications traditionally offered in support of capital punishment, issues of administration, and execution protocols. It concludes by projecting that, consistent with historical trends and nagged by serious and recurring administrative problems, the death penalty in America will in due course become a thing of the past.     

Challenging interviewees during interviews: The potential effects on lie detection

Abstract

The impact of interview styles on lie detection was examined. Thirty-six truth tellers and liars (undergraduates) were interviewed in three different ways: The interview started with an information-gathering interview style (Phase 1), which then developed into an interrogation (Phase 2), and finally transformed back into an information-gathering interview style (Phase 3). On the basis of DePaulo and Kirkendol's Motivational Impairment Effect, which suggests that when people are highly motivated to get away with their lies they actually look like they are controlling their behavior, it was hypothesized that the most prominent differences between liars and truth tellers would emerge in Phase 3. The findings supported this hypothesis, and thus suggest that specific interview styles could facilitate lie detection.     

Role-taking and restorative justice: Social practices of solidarity and community in Shakespeare's measure for measure

This article examines to what extent role-taking inspired characters in Shakespeare's play Measure for Measure to new modes of consciousness and concomitant social practices of restorative justice. The play's main character, Duke Vincentio, engages in a series of role-taking episodes through which he undergoes a self-transformation. He subsequently enacts the social practice of restorative justice. However, the play is neither a paragon case of self-transformation nor of restorative justice, especially since (1) manipulation and power are employed in the reintegrative shaming ceremony; (2) some characters are stigmatized and humiliated; and (3) the Duke still practices duplicitous, power-based, and punitive measures. Nevertheless, through the process of self-discovery and the recognition of others as like himself, the Duke reconceives his kingly role from that of an executor of law violators to that of a mediator of troubled relationships. The Duke's character reflects in part the cultural contradictions and social transformations ongoing in Shakespeare's Renaissance England.     

Spike lee's do the right thing : Filmmaking in the American grain

Spike Lee's Do the Right Thing is one of the most important American films of the 20th century. On one level it raises questions about racial conflict in New York City during the 1980s but, on another, about the struggle to be human in America, specifically the requirements of a justice that takes into account the needs of all. In other words, the film is about the struggle each of us faces to recognize each other as a being of value and worth regardless of our state- and market-defined merits or deserts. The authors argue that Do the Right Thing is a film consistent with the true American character which reflects a desire to be not a power-wielding sovereign but a person connected to a community of human concern, one in which the needs of all are taken into account.     

Restorative justice and reconviction

Proponents of restorative justice have suggested that its practices have the potential to reduce reoffending by those responsible for a harm. This article examines these claims using the results of two separate studies of the reconviction of offenders dealt with by processes that had restorative characteristics. The first study examines reconviction rates over'a'period'of'six years for a sample of young people who took part in family group conferences. The second study examines outcomes for samples of 100 offenders involved in each of two different community panel pre-trial diversion schemes for adults. One scheme involved offenders and victims meeting together with community panel members to determine outcomes that would repair harm to the victim and contribute to preventing reoffending. The second scheme involved Maori offenders meeting with representatives of their tribe in a setting with spiritual meaning for Maori. Those participating in both the community panel schemes were less likely to reoffend than matched samples of others who had committed similar offenses. There were also economic savings to the criminal justice system when offenders were dealt with by the panels compared to those dealt with by traditional methods. Taken together, these projects indicate that restorative processes and practices can have a positive impact on helping people to avoid reoffending.     

Examination of the consistency of interviewer performance across three distinct interview contexts

Abstract

The current study examined the consistency of investigative interviewers' performance (n=31) across three distinct interview paradigms: (a) a mock interview where an adult actor played the role of a child recalling abuse, (b) a mock interview where a school child recalled an innocuous event that was staged at the child's school, and (c) a field interview where the interviewer elicited a statement of abuse from a child. Performance was measured by calculating the proportion of open-ended and leading questions, and by eliciting expert ratings of the presence of a range of problem behaviours commonly exhibited by interviewers. Overall, the performance of individual interviewers was relatively stable across the tasks. Heterogeneity in stability, however, differed according to the type of question and the nature of the event being examined. In particular, the mock interview paradigm where the adult acted the role of an alleged child abuse victim produced a measure of performance that was more similar to the field interview than the interview where a school child recalled an innocuous event. The implications of the findings for trainers, and directions for future research, are discussed.     

The organization of work as a factor in social well-being

Even though innovations in the organization of work have prompted a transition in work systems, the effect of the organization on employees is often not considered. Using personal interviews, direct observations, and relevant documents over a 17-month period, this case study of a worker-owned and -managed producer cooperative was undertaken to understand how fundamental changes in the organization of work affect workers and their families. The findings affirm that the organization of work is a pivotal aspect of individuals' quality of life, principally in that expanding personal choice--in a context of income security and an absence of formal hierarchy--enhances personal and familial well-being. From a policy perspective, the study demonstrates the potential for organizing work so that market demands are balanced with concerns for social well-being     

Sex offenders’ perceptions of the effectiveness and fairness of humanity,dominance, and displaying an understanding of cognitive distortions in police interviews: A vignette study

Abstract

Forty-three convicted sex offenders read each of four different offence vignettes that involved a man forcing a female victim into sex and the offender's subsequent police interview. The experimental manipulation involved giving participants each of four different scenarios concerning how the police interviewed the offender. These were interviews characterized by humanity, dominance, displaying an understanding of sex offenders’ cognitive distortions, or a neutral, control interview. Participants were required to rate the interviews on a variety of dimensions, such as the offender's likelihood of confessing, and the fairness of the interview. Where participants were told the man had been interviewed with humanity and compassion, they rated the offender as more likely to confess and rated the interview as fairer than the other conditions. In contrast, participants rated the offender interviewed with a dominant approach as less likely to confess, and for this procedure to be less fair than the other conditions. Displaying an understanding of sex offenders’ cognitive distortions appeared to have had no influence on perceived likelihood of confessions but was perceived to make the crime appear less serious.     

Escaping from the crime of inner cities: Church attendance and religious salience among disadvantaged youth

With the theoretical backdrop of social disorganization and “resilient youth” perspectives, we hypothesize that individual religiosity is protective in helping at-risk youths such as those living in poor inner-city areas to escape from drug use and other illegal activities. To test this hypothesis, we draw data from an interview survey of 2,358 youth black males from tracts in poverty in Boston, Chicago, and Philadelphia, conducted in 1979 and 1980. Results from a series of multilevel analyses indicate that church attendance (the frequency of attending religious services) has significant inverse effects on nondrug illegal activities, drug use, and drug selling among disadvantaged youths. Religious salience (the perceived importance of religion in one's life), however, is not significantly linked to reductions in juvenile delinquency. We discuss the implications of our findings, focusing on individual religiosity as a potentially important protective factor for disadvantaged youths.     

Learning Pain: Poetry in Emotion

This paper asks the question; is a poetic response to law and suffering legitimate? It reflects upon Robert Duncan's poem Persephone and imagines the (dis)connections between law, literature and poetry. It muses upon the “Trauma” of the poem and the “wound” considered in the context of both public and private law and considers the politics of sentimentality, dominant within the political agenda of the 21st century. The article uses the poem as a lens which reveals that the law fails to address the question of suffering as the wound of the poem is used by the poet as a pedagogical argument to teach us about loss.

     

Outsiders and justice consciousness

The foundations of my justice consciousness lie in two books that share the name “outsiders.” I was introduced to S.E. Hinton's novel before I was a teenager and it was my first real contact with the “Greasers,” the “Socs,” and a world of juvenile delinquency divided by social class. Written by a 16‐year‐old girl around the time I was born, I think it was this book that initially sparked my fascination with juvenile delinquency and the study of crime. I pursued this interest in college and became concerned with inequality and the ways in which our social surroundings shape our choices and our life chances. Reading Howard S. Becker's classic statement of labeling theory in his version of Outsiders changed my perspective again and I have never looked at the world in quite the same way since.     

Are jurors' perceptions of eyewitness credibility affected by the cognitive interview?

Abstract

Ninety-one college subjects listened to Cognitive Interviews (CI) and Standard police interviews of 7-year old children who were attempting to describe an earlier incident of playing a game of Simon Says. The subjects evaluated the witness's credibility and also the interviewer's manipulativeness. The perceived credibility of the witness was not affected by the type of interview, i.e., the CI did not render the witness unduly credible. In addition, the CI interviewer was judged to be less manipulative than the Standard police interviewer. These results were discussed in light of some potential legal concerns about using the CI.     

Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.     

Kim Pate

Abstract

This essay provides an overview of the life of Kim Pate, a Canadian activist who works with and on behalf of criminalized women and girls. Highlights of Kim's commendable personal, occupational, political and academic contributions and achievements in both Canada and abroad are presented. Featuring pivotal occupational achievements in Kim's life simultaneously offers a glimpse into the state of affairs in the past decade facing women in Canada's criminal justice system. This essay is based on interviews held with Kim, her colleagues and friends, and my personal acquaintance with her. It brings to life how Kim has and continues to challenge and progress the Canadian criminal justice system as an activist, and how her success is rooted in her extraordinary character as an individual.     

The Self-Administered Interview: a means of improving children's eyewitness performance?

Abstract

In order to obtain the most informative and correct statements, witnesses should be heard as soon as possible after the incident. However, this is not always possible. This experimental study investigated whether completing a Self-Administered Interview form (SAI) immediately after a critical event could enhance children's witness performance at a later stage. Children (N = 194, age 11–12) reported their memory of an event in a structured SAI, an open SAI, or did not report their memory (control). Two weeks later, the children were interviewed about the event. Before the interview, half of the children were subjected to social influence from a co-witness. Children's free recall of the event was enhanced by the SAI. More precisely, children in the SAI-Structured condition reported more details about the event than children in the SAI-Open condition and the control condition, without a loss of accuracy. The SAI manipulation did not, however, reduce children's vulnerability to social influence. The results suggest that the use of a SAI might prove a simple and yet effective way of increasing the quality of statements from child witnesses in some situations.     

Modifying the cognitive interview: countenancing forensic application by enhancing practicability

The UK investigative interview model advocates police officers use the cognitive interview (CI). However, research has indicated that many officers perceive the CI as too cumbersome, complex, and time consuming for some types of crime. With this in mind we investigate the efficacy of two CI procedures, which have been substantially modified to enhance forensic practicability and retain the empirically demonstrated CI superiority effect. Employing the mock witness paradigm, both are compared to the procedure currently taught to UK police officers. Participant's memorial performance revealed no differences across interview conditions for the amount of correct and incorrect recall. However, those interviewed using the modified procedures confabulated less and were more accurate. Considering type of information recalled (person, action, object, and surrounding), no differences were found across conditions for correct or confabulated type recall. However, the two modified CIs elicited fewer incorrect person and object information items. Further, they were shorter in duration than the current procedure. Hence, for frontline less serious crime, or in time critical situations, the modified procedures may be viable alternatives. These findings and their implications are discussed.