韩国社会服务令对我国社区矫正制度的启示

我国借鉴西方经验对监外执行制度改革,在新修订的刑法、刑诉法中分别首次确认了社区矫正刑罚制度及其运行机制。韩国刑罚制度中已将社会服务令引入法制体系十几年,目前已发展为一种综合性惩治犯罪的选择性措施广泛的适用。对韩国社区服务令进行深入研究,对推动我国社区矫正刑罚制度的进一步完善具有重要的理论与实践意义。     

It's not just about the profits: privatisation,social enterprise and the ‘John Lewis’ prison

Abstract

The introduction of the Community Order (CO) and Suspended Sentence Order (SSO) in the 2003 Criminal Justice Act, on paper at least, radically reconfigured community sentences in England and Wales. The CO replaced the range of community sentences previously available with a single sentence. The SSO brought in a custodial sentence to be served in the community unless breached. Both orders were to be made up of one or more requirements from a possible of 12 (including unpaid work, supervision, accredited programmes, curfew and drug treatment).     

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.     

Out of touch – a youth perspective

In March 2012 the Ministry of Justice published two consultations: Punishment and reform: effective probation services and Punishment and reform: effective community sentences. Taken together, the two documents have the potential to impose wholesale reform on the work of Probation Trusts in England and Wales, primarily through the privatisation of considerable sections of Trusts’ work.     

The emergence of restorative justice in Sri Lanka: a review essay

Within the framework of retributive justice, crime is understood as an offence against the State and is defined as a violation of law. It represents the punitive approach of reaction to crime, where the offenders are considered as an unwanted group who should be punished. However, with the development of criminology, offenders are identified as the persons needing rehabilitation and reintegration into the society as law abiding citizens. This novel thinking has paved the way to the establishment of the concept of restorative justice where crime is understood to be an infringement on man and human relationship. It involves reintegration of both the offender and victim within the community. The restorative justice principle could be found in community service orders, probation, parole, and other noncustodial measures as alternatives to the traditional incarceration, victim offender mediation, sentencing, peacemaking and healing circles, police cautions, and active participation of victims in the criminal justice process, and so on. This article evaluates Sri Lanka's transformation from retributive justice to restorative justice by incorporating the above-mentioned means and methods to the criminal justice system. Further, it examines how these innovations have affected the crime rate in Sri Lanka.     

The Protection of Prisoners’ Rights in England and Wales

The system in England and Wales for the protection of prisoners’ rights relies on three institutions: a prisons inspectorate with right of entry to all prisons at any time, a prisons and probation ombudsman, and local independent monitoring boards. This contribution focuses on the Prisons Inspectorate and discusses its methodology and criteria for inspection, based on international human rights standards; the effectiveness of the inspectorate; its independence and relationships with other monitoring bodies, the government and the prison service; the application of the methodology to other countries outside the UK; and future developments and threats.     

Costs of Alternative Sanctions in Hungary

ABSTRACT. The author calculated the specific costs of executing probation and community service orders. In addition, she attempted to design indicators that help determine the amount of effort probation officers make to perform their duties. In Hungary, the probation service is under the supervision of the judicial system; therefore, it does not have a separate budget. The author calculated the costs of alternative sanctions in multiple steps. The study found that in 1997 the costs of performing probation orders amounted to HUF 10,645 (± 47 Euro) per case per year whereas those of performing community service totalled HUF 13,395 (± 60 Euro). The analysis established that fines imposed are collected and utilised by the courts themselves. This implies a risk, namely, that judicial sanctioning practice may be determined not only by penal law but also by financial considerations. The author claims that this casts a different light on the recent punishment practice under which imprisonment (and its non-suspended form, in particular) has been increasingly replaced by fines rather than community sanctions.     

The ‘Hybrid Order’: origins and usage

The hospital direction (Hybrid Order) was inserted into the Mental Health Act (MHA) in 1997 (Crime (Sentences) Act, 1997). It enables higher courts to direct hospital admission for offenders, whilst still imposing a prison sentence. The origins of the ‘Hybrid Order’ and its patterns of usage are examined. Comparisons are made with its Scottish equivalent, Section 59A of the Criminal Procedure (Scotland) Act 1995. Both the ‘Hybrid Order’ and Section 59A have been used infrequently. This may reflect the fact that they were strongly resisted on ethical grounds at their point of inception and that they force the psychiatrist into the position of ‘punisher’, rather than ‘treater’. Since the 2007 Amendment of the MHA in England and Wales which expanded the remit of the ‘Hybrid Order’ to include all legal categories of mental disorder, not solely psychopathy, its use has unsurprisingly increased – this article delineates the considerations that need to be given in its recommendation.     

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.     

英国检察官审前会见证人制度研究

为防止检察官在审前训练、指导证人作证和污染证据,英格兰和威尔士的法律传统禁止检察官在审前会见证人.2003年开始,检察官审前会见证人的制度（PTWI）在英格兰和威尔士经历了从试点到全面推行的变革过程.为此,英国修改了《皇家检察官守则》的相关内容,制定了审前会见的《实务守则》和《工作指南》.而同为普通法系的我国香港地区对要不要引入检察官审前证人会见制度进行了审慎的研究,最终决定维持现行做法.英国这一制度探索展现了“检察官基于案件证据资料做出公诉决定”这一过程的复杂性,我国应从制度上规范检察官审前会见证人,科学评估证人证言可靠性,促进审查起诉制度精细化发展.     

Treatment and reintegration of violent juvenile offenders: Experimental results

Studies of probation and parole officers' attitudes conducted in the 1960s and 1970s indicated respondents' preference for assistance over authority as the most important goal of community supervision. The present research compares results obtained from the 1970s and 1980s applications of the Authority/Assistance Questionnaire and the Correctional Policy Inventory. The findings point not only to increased concern for authority but also to the diminished meaningfulness of the assistance objective. The authors suggest that a new emphasis on surveillance, in which delivery on service is largely a means for monitoring client risk, has “crowded” the rehabilitative ideal.     

Punishment and Paperwork: White-Collar Offenders Under Community Supervision

This article examines how changes in penal ideology may affect the experiences of white-collar offenders under community supervision. In-depth interviews with white-collar offenders on their experiences while under federal probation are used to examine how changes in criminal punishment have undermined the traditional reintegrative and rehabilitative goals of community supervision. The analysis suggests that shifts to a more managerial, actuarial model that seeks depersonalized efficiency has unintended consequences that delegitimatize the criminal justice system, and foster sentiments of degradation. Based on these findings, considerations for future research are discussed.     

Experiences of probation supervision in Hong Kong: Listening to the young adult probationers

The aim of this article is to report some of the qualitative findings generated from a recent research on probation in Hong Kong. It explores subjective views and experiences of probation supervision from the young adult offender's point of view. Recently there was an increasing emphasis on probation research and improvement, thereby identifying what works or otherwise in rehabilitating offenders and reducing their re-offending. Nonetheless, the role of offenders was largely neglected as service recipients or ‘customers’ in commenting on the usefulness of a penal measure. Offenders are excluded from being asked for their opinions as citizens. Conversely, this study allowed probationers to talk about their experiences of probation supervision in Hong Kong in semi-structured interviews. Their first-hand accounts indicated that probationers had much to contribute to the evaluation process and their voices should be heard by practitioners and policymakers in order to improve probation practice.     

Forty-five revolutions per minute: a qualitative study of Hybrid Order use in forensic psychiatric practice

Psychiatrists who recommend a Hybrid Order (Section 45A) as a disposal option at the point of sentencing accept that the convicted individual, as well as being mentally disordered and in need of treatment, is also culpable and deserving of criminal punishment. Ethical and clinical concerns have typically limited its clinical use. However, in 2015 the Court of Appeal specified in R v Vowles and others that the Hybrid Order disposal should be considered first in terms of potential mental health disposals. This judgement sets a high threshold for the use of the hospital order which has been the bedrock of inpatient forensic psychiatric practice since 1983. This study sought to explore the attitudes of consultant forensic psychiatrists towards the use of the Hybrid Order in the wake of the Vowles judgement. We interviewed 12 consultant forensic psychiatrists with longstanding experience of psychiatric sentencing recommendations. We found that the majority of consultants considered the Hybrid Order to be a valuable disposal option when used under specific circumstances. However, significant concerns were raised about its use in those with an enduring psychotic illness. Community aftercare arrangements for Hybrid Order disposals were viewed as inferior to community aftercare arrangements for Section 37/41 patients.     

Third Way Regulation? Community Legal Service Partnerships

This article examines recent changes in the civil legal aid scheme in England and Wales (now called the Community Legal Service) and the creation of Community Legal Service Partnerships in particular. The article explores three main interests: it illustrates how third way thinking has been applied to the reform of the legal aid scheme under the Access to Justice Act 1999; it explores how partnership fits within theories of public regulation; and it illustrates how professionalism is being re-shaped by a combination of new public management, contractualism and partnership. It points to important limitations in new public law theories of extended accountability and democratised governance as manifested in partnerships.     

Juvenile participation in conversations with probation officers

Juvenile probation work comprises a mixture of repressive and empowering strategies, since probation officers need to control young offenders' conduct and at the same time help the offender to take responsibility and live life within the margins of society. This ambiguous nature of juvenile probation work may confuse the communication between probation officers and juveniles. Interviews with offenders of Moroccan origin and their probation officers in the Netherlands show that both parties are unhappy with the mutual communication. According to the youngsters, a restrictive policy is inevitable but might be more effective if this would go together with an empowering approach. Interactional analysis of the conversations shows that the lack of juvenile participation is caused by professional conversational dominance, as seen in topic control, poor role clarification, and a cross-examining style of the conversations.     

Prison visitation as human ‘right’ or earned ‘privilege’? The differing tales of England/Wales,and Scotland

Prison visitation has been widely recognised as an important feature of a just and humane prison system, providing important benefits for prisoners and their family in maintaining ties. However, emphasis on maintaining prisoner–family ties over the sentence has remained a low priority for the prison service in England and Wales, with prison visits ideologically framed as a ‘privilege’ rather than a ‘right’ for prisoners. This paper contrasts England and Wales with Scotland where a diverging approach to supporting visitation and family contact has been implemented. In Scotland, a strong focus on human rights as a justification for these policies has occurred, in tandem with more palatable historical context of penal welfarism. This paper assesses differences between the two governmental approaches to prison visitation, situated in discussion of some of the broader resettlement outcomes which may be garnered via these policy responses.     

‘Blue walls,’ ‘grey areas’ and ‘cleanups’: Issues in the control of police corruption in England and Wales

This paper examines issues concerned with police corruption and its control in England and Wales. The topic of defining police corruption is addressed, some current areas of risk are described and anti-corruption strategies, particularly those pursued by the London Metropolitan Police Service (MPS), are examined. What appears qualitatively and quantitatively different in the approach of services such as the MPS and Merseyside Police is the use of an adequately resourced, dedicated anti-corruption unit. This strategy has been buttressed by preventative measures involving management/administration and ethics/training. Dedicated units have been controversial, and preventative measures raise questions concerning evaluation. Nevertheless the approach to corruption bears comparison with that adopted by other major police services in other jurisdictions and represents a break with previous and unsuccessful efforts at corruption control in major police forces in England and Wales.     

Predicting Probationer Rates of Reincarceration Using Dynamic Factors from the Substance Abuse Questionnaire-Adult Probation III (SAQ-Adult Probation III)

Individuals incarcerated for violating the terms of their probation constitute a large portion of the prison population. Intervention programs designed to rehabilitate probationers have the potential to reduce prison populations and moderate the costs associated with incarceration. Unlike previous research, which has focused on demographic and static characteristics, the present study examined dynamic factors as predictors of probation revocation, as they may be more amenable to rehabilitation. The sample was comprised of 8,310 adult probationers and used scores from the SAQ-Adult Probation III. Poisson regression analyses showed that three dynamic factors, violence, antisocial behavior, and stress risk were positively related to the number of lifetime probation revocations. These results are discussed in light of potential rehabilitative benefits.     

Paraprofessionals in parole and probation services: Selection,training, and program evaluation

The use of paraprofessional personnel in parole and probation services has been increasing dramatically. With decreasing budgets and expanded calls for service, parole and probation agencies have been turning to the paraprofessional employee as a solution. Several variables which can be changed through implementation of a paraprofessional program are identified, including the differences between using indigenous and nonindigenous personnel. Through a survey of past hiring practices, qualifications of those hired, and justification of using a certain type of personnel, factors to be used in the selection of paraprofessionals are delineated. Training programs for paraprofessionals, especially indigenous personnel, are reviewed in conjunction with standard industrial training concepts and practices. Comments are made regarding the necessity of evaluating paraprofessional programs in order to document empirically their effectiveness within the parole and probation organization.