Social Justice and Religion in Prison: The Case of England and Wales

The policy of the Federal Bureau of Prisons in the United States is to show equal respect for all religious faiths, but the Prison Service Chaplaincy of England and Wales employs only Christian chaplains and is effectively controlled by the established Church of England. Recent empirical research shows that prisoners who belong to minority faith communities and new religious movements in England and Wales do not enjoy equality of opportunity to practice their religion. For example, their religious and spiritual needs are met by volunteer Visiting Ministers, who in turn must rely on full-time Christian chaplains to facilitate their access to prisoners, meeting rooms, and religious artifacts. This dependency gives rise to feelings of resentment, unjust discrimination, and marginalization among members of minority faith communities.     

Forecasting Recidivism in Mentally Ill Offenders Released from Prison

Little research has focused on assessing the risk of mentally ill offenders (MIOs) released from state prisons. Here we report findings for 333 mentally ill offenders released from Washington State prisons. Logistic regression identified sets of variables that forecasted felony and violent reconviction as accurately as state-of-the-art risk assessment instruments. Sums of simple recoded versions of these variables predicted reoffense as well as complex logistic regression equations. Five of these 9 variables were found to be relative protective factors. Findings are discussed in terms of the value of stock correctional variables in forecasting risk, the need to base actuarial risk assessments on local data, the importance of protective factors in assessing MIO risk, and the need for dynamic, situational, and clinical variables that can further sharpen predictive accuracy of emergent risk in the community.     

Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales

The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy.     

Evaluating the effectiveness of the Supporting Offenders through Restoration Inside (SORI) Programme delivered in seven prisons in England and Wales

Purpose. Supporting Offenders through Restoration Inside (SORI) is a programme that aims to: increase victim empathy in offenders; motivate offenders to change their offending behaviour; and to take personal responsibility for the harm that he has caused. A 5‐day course based on the SORI principles has been piloted across seven prison sites in the UK. The aim of the study reported here was to evaluate the effectiveness of the programme across these sites. Methods. Three psychometric questionnaires [Victim Concerns, Locus of Control, and Stages of Change (SoC) scales] were administered to the participants immediately before and after the programme had taken place (data were available for 131 participants for the Victim Concern Scale, 82 participants for the Locus of Control measure, and 96 participants for the SoC questionnaire). These psychometric measures were the primary research outcome. Statistical analyses were employed to assess whether any changes had been effected by the programme. Results. The results of this study found that: participants had an enhanced victim concern for all types of victims, were more motivated to change their offending behaviours, and were more willing to take responsibility for their actions, after completion of the course. No change was found in terms of participants seeing themselves as being more in control of their actions/environment. Conclusions. The results lend support for the notion that the 5‐day SORI course is effective in increasing participants’ levels of victim concern and motivation to change, while not really impacting upon levels of ownership for one's ownership for one's actions. Suggestions for future research and limitations of the study are discussed in the paper.     

Sexual offenders discharged from prison in England and Wales: A 21‐year reconviction study

Purpose. This study examined the reconviction rates of a cohort of sexual offenders released from prison in England and Wales during 1979. A 21‐year follow‐up period was used and sexual, violent and general reconvictions assessed. Method. The sample consisted of all adult male sexual offenders discharged from prison in England and Wales during 1979 (N = 419). Criminal conviction histories were obtained for the sample from the Offenders Index and sexual, violent and general reconvictions were calculated, over a period of 21 years (1979‐2000). Results. A quarter (24.6%) of the sample received a reconviction for a sexual offence over the 21‐year follow‐up period, 21.7% received a violent reconviction and 61.8% received a general reconviction. A proportion of the sample received their first sexual reconviction 5, 10 or 15 years after being discharged from custody, thus remaining at risk of reconviction for many years. Conclusions. The findings from this study give a unique insight into the long‐term offending of discharged sexual offenders in England and Wales and have implications for the supervision of such offenders.     

Evaluating the case for greater use of private prosecutions in England and Wales for fraud offences

This paper considers the challenges and opportunities that exist in England and Wales for the use of private prosecutions for Fraud. It considers the need for sanctions against fraudsters: looks at the prosecution landscape as it has evolved, especially during the 21st century: considers the legal basis for private prosecution and gives a brief history of its extent. The advantages and disadvantages associated with private prosecution are considered and recommendations made on the changes needed before there could be significant developments in the use of private prosecutions.     

Pretrial procedure in England and Wales

A.B., Harvard College 1980; J.D., Yale Law School 1984.     

Sentencing Juvenile Offenders to Life in Prison: The Political Sociology of Juvenile Punishment

Sentencing juvenile offenders to life in prison is the most severe criminal penalty available, yet we know little about the factors that produce jurisdictional differences in the use of such sanctions. Political explanations emphasize conservative values and the strength of more conservative political parties. Threat accounts suggest that this sentence will be more likely in jurisdictions with larger minority populations. After controlling for many explanations using count models, the results show that larger numbers of juvenile life sentences are handed out in more politically conservative states with a stronger Republican Party. Findings also show that racial politics is a factor in juvenile life sentences. Those jurisdictions that have the most blacks and have judicial elections sentence the most juveniles to life terms. By highlighting the explanatory power of public ideologies, these findings support political explanations for the harshest criminal punishment directed towards juveniles.     

Community Solutions for the Community's Problem: An Evaluation of Three New Zealand Community-Based Treatment Programs for Child Sexual Offenders

The recidivism rate of 203 people mandated by the courts to attend three community-based child sexual offender treatment programs (175 treatment cases and 28 assessment-only cases) was assessed and compared with a probation comparison group. The recidivism rate was 8.1% for all participants treated in the community-based programs and 5.2% for participants who completed treatment. The recidivism rate for program attendees was approximately half that of those in the probation comparison group. The drop-out rate for treatment appears to be relatively high (45%) and noncompletion was associated with higher recidivism. These results indicate significantly better outcomes for offenders receiving specialized treatment and are consistent with, and toward the lower end of, recidivism rates reported in local and international evaluation studies.     

Psychopathy among prisoners in England and Wales

Most research into psychopathy among prisoners is based on selected samples. It remains unclear whether prevalences are lower among European populations. This study aimed to measure the prevalence of psychopathy, and the distribution and correlates of psychopathic traits in a representative national sample of prisoners. Psychopathy was measured using the revised Psychopathy Checklist (PCL-R) in a second stage, cross-sectional survey of prisoners in England and Wales in 1997 (n = 496). Poisson regression analysis was carried out to examine independent associations between correlates and PCL-R total and factor scores. The prevalence of categorically diagnosed psychopathy at a cut off of 30 was 7.7% (95%CI 5.2–10.9) in men and 1.9% (95%CI 0.2–6.9) in women. Psychopathic traits were less prevalent among women. They were correlated with younger age, repeated imprisonment, detention in higher security, disciplinary infractions, antisocial, narcissistic, histrionic, and schizoid personality disorders, and substance misuse, but not neurotic disorders or schizophrenia. The study concluded that psychopathy and psychopathic traits are prevalent among male prisoners in England and Wales but lower than in most previous studies using selected samples. However, most correlates with psychopathic traits were similar to other studies. Psychopathy identifies the extreme of a spectrum of social and behavioral problems among prisoners.     

Social Policy and Sexual Offenders: Contrasting United States' and European Policies

This article contrasts US and European social policies with regard to sexual offending. The three waves of social policy which are discernible in the United States' history (sexual psychopath laws, the focus on the domestic sex crimes under the influence of feminism, and a renewed attention towards sexual predators) are first described. The most significant policy trend at present concerning sex offences focuses on government controls after release. The broad overview of European countries' solutions to the same problems, concentrates on the contrasts and similarities between Europe and the United States. At present, the United States and parts of Europe are both focused on ways to increase public protection from sex offenders, particularly in ways outside the context of the criminal law. The harm caused by sex offences, in combination with the persistent nature of some patterns of sex offending, has caused citizens and governments to push for specialised remedies and powers.