In defense of the realm: Financing loyalist terrorism in Northern Ireland—part one: Extortion and blackmail

The revival of loyalist terrorism has been one of the most important developments in Northern Ireland in the 1990s. This article examines the recent fund‐raising activities of the two main loyalist paramilitary groups, the Ulster Defence Association (UDA) and the Ulster Volunteer Force (UVF). The article focuses particularly on the financial importance of extortion and blackmail to the groups in the 1990s. It also explores how the loyalist paramilitaries have responded, as organizations, to the constant need for funds, a need that has continued unabated since both groups implemented cease‐fires in 1994. The paper concludes that because of internal arrangements, the loyalist groups are consistently risking the spread of corruption among their most senior members.     

Comparison of Impact of Procedural Justice and Outcome on Victim Satisfaction: Evidence From Victims’ Experience With Registration of Property Crimes in India

Crime victim–police interface and registration of crime are the early and fundamental interactions in the criminal justice system. The process of lodging a complaint is marked by the pain of victimization, sharing of information, and expectation of quick remedial action from the police. The nature and quality of experience of the victim and outcomes impact the level of satisfaction with services of police. Through a survey of victims of property crimes, in different areas of a state in India, the author examines the impact of procedural justice and outcomes on victim satisfaction. The study illuminates the outcome oriented expectations of the victim, and the unique dynamics of victim–police interaction, which strains the legal ethical framework of the criminal justice system.     

Why Negotiate When You Can Criminalize? Lessons for Conflict Transformation from Northern Ireland and South Africa

Research on negotiating with criminalized actors generally assumes the criminal label as a given, neglecting the significance of criminalization itself. This article addresses this gap arguing that the processes of criminalization and decriminalization embody important incentive structures affecting peace negotiations. Specifically, for conflict transformation to effectively occur, criminalization needs to be orientated away from a criminalization of actors and on to specific acts to legitimize nonviolent political expression and negotiations. These arguments will be advanced through a comparative study of Northern Ireland and South Africa, adopting a conflict transformation framework, and drawing on original interviews and archival material.     

Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice

Abstract

The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offenses into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This article presents findings from a study of prison discipline in four U.K. prisons. The findings strongly suggest that in their current form such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modeled after the adversarial system of the criminal court, the adjudications were instead universally derided as “kangaroo courts” lacking the basic elements of procedural justice. Based on these findings, we argue that RJ interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.     

Anxiously Awaiting the Future of Restorative Justice in the United States

Abstract

The problems of mass incarceration and other criminal justice system failures in the United States—such as racial disparities, wrongful convictions, and high recidivism rates—have reached a tipping point. For the first time in decades, coalitions of politicians on the left and right are seeking criminal justice reform. What is the place of restorative justice in these efforts? What is the depth and breadth of restorative justice implementation? How familiar is the American public with restorative justice? How successful is the restorative justice movement? In this article, we seek answers to these questions as we try to assess the future of restorative justice in the United States.     

Northern Ireland: 20 Years On

To speak of what is exceptional about Northern Ireland today requires a provocative sense of irony, for constitutionally it can be argued Northern Ireland has become one of the most stable parts of the United Kingdom. The fact if not the value of the Union has become more deeply entrenched as both the fact and the value of the Union have come more openly into play elsewhere, even in England. Nevertheless, Northern Ireland is not immune from larger political developments and fantastic uncertainties attend consideration of the next twenty years at different levels of analysis. This article considers these uncertainties according to two possible scenarios, one involving a nationalist narrative and the other involving a unionist narrative. The key issues in each scenario and narrative are the constitutional debate in the United Kingdom, especially the referendum on Scottish independence; the future of the European Union and the United Kingdom's relationship to it; and the changing electoral demographic within Northern Ireland. If Northern Ireland's future is inextricably linked to uncertainty this makes it the rule and not the exception today.     

Substance-Abusing Female Offenders as Victims: Chronological Sequencing of Pathways Into the Criminal Justice System

This study assesses the entrance of substance-abusing female offenders (N = 1,209) into the criminal justice system through temporal patterns (using age of first victimization, drug use, and arrest). Nine pathways were identified. Unexpectedly, the leading path was a sequence where drug use preceded arrest in absence of childhood victimization. However, women under a path inclusive of victimization possessed more risk factors. Findings support feminist pathway research, which states that childhood victimization is generally present in female offenders’ lives. Nevertheless, results also revealed that a drug pathway without childhood abuse proved to be as important and even more dominant among criminal justice–involved women.     

Perspectives of Justice for Victims of Sexual Violence

Many victims of sexual assault and sexual abuse seek justice through the courts. This study explored disjunctures in the perceptions of two key groups of professionals, agents of the court and victim therapists/advocates, regarding the role, experiences and outcomes for victims of sexual violence in the criminal justice system. Concerns are expressed that their divergent views shape the expectations of victims, potentially contributing to disappointment and a sense of re-victimization.     

The politics of post-conflict space: the mysterious case of missing graffiti in ‘post-troubles’ Northern Ireland

Why is there so little graffiti in Northern Ireland compared to cities in North America and Europe – including Great Britain, to which it is constitutionally connected, and Ireland, with which it is geographically connected? This question is particularly perplexing given the highly developed political mural tradition on both sides of the sectarian divide in the North, and the almost 15 years that have passed since the signing of the Peace Agreement ending some three decades of militarized conflict. This paper explores the connections between the absence of graffiti, and the street-level structures and processes of reconciliation or conflict – with a specific focus on the geopolitics of paramilitary control within communities throughout Northern Ireland. The contributions of the paper are three-fold: (1) it highlights the importance of graffiti as a (usually neglected) lens for assessing the degree to which the expected benefits of a peace agreement are experienced at the street level; (2) it addresses the methodological challenge of how to examine something that is not there (specifically, it studies the absence of graffiti in Northern Ireland by comparing it to the logic, mechanics and meanings of graffiti elsewhere); and (3) it questions the well-marketed representation of Northern Ireland as a unqualified case of successful post-agreement peace.     

CONTROLLING LOCAL GOVERNMENT EXPENDITURE: THE CASE OF NORTHERN IRELAND

The purposes of this paper are twofold, namely to outline the basic features of local government finance in Northern Ireland and to discuss how this financial system has been affected by the concerns of central government to control public expenditure. It will be argued that there has been no radical revision of the local government financial system but that central government used traditional methods of moral suasion and capital controls to induce councils to restrict their spending. The reasons for this include the small size of local expenditure and the political risks involved in further curbing local government in Northern Ireland.     

Belfast beyond Violence: Flagging up a Challenge to Local Government?

Abstract

Northern Ireland is emerging from violence but still living with conflict. The recent flags protests in Belfast represent a challenge to public administration to transcend the contested politics of local government in Northern Ireland and to navigate a way through a symbolic legacy issue. This article draws on a longitudinal hermeneutic analysis of empirical research conducted on Northern Ireland local government over a decade, where these concerns dominated much debate. Additional analysis of the research findings reveals broader problems applicable to any public administration faced with managing situations in which good governance in public participation and procedural correctness operates alongside fundamental political disagreement and distrust. These conclusions are particularly pertinent for local administrations in societies transitioning from conflict.     

MANAGING EUROPE FROM AN IRISH PERSPECTIVE: CRITICAL JUNCTURES AND THE INCREASING FORMALIZATION OF THE CORE EXECUTIVE IN IRELAND

This article analyses the management of European Union (EU) business by the Irish core executive. More specifically, it investigates the demands placed by EU membership on the Irish system of public administration and how the system has responded to these demands. Employing an institutionalist analytical framework, the article maps the formal and informal organizational and procedural devices or structures used to manage EU affairs in Ireland, as well as dissecting the key relationships that govern this management process and the role of the domestic agents actively involved in the EU’s governance structure, the cadre or boundary managers. The article also explores in a dynamic way the development of the capacity for the management of EU affairs in Ireland over time. Using the concepts of path dependence and critical junctures, we illuminate how key system‐management decisions became locked‐in over time and we isolate the triggers for significant adaptational change, be they domestic or external. Adaptation to EU business in Ireland was path‐dependent and consisted of gradual incremental adjustment. This system of flexible adaptation generally served Ireland well as the EU’s policy regime expanded and evolved, but in response to the shock rejection of the Nice Treaty by the electorate in 2001, significant formalization of the Irish system occurred with the establishment of new processes and rules for managing relations between the core executive and the EU.     

Victims of Sexual Violence in the Canadian Criminal Courts

The literature on victims of sexual violence in the criminal justice system has overwhelmingly pointed to the negative impact of these encounters. This research project sought to explore various aspects that might contribute to harm by conducting in-depth qualitative interviews and collecting limited quantitative data on 31 victims who had encountered various processes in the justice system. Results indicated a wide range of experiences, indicating that no interactions within the system were universally harmful or helpful. Victim experience was shaped by the attitudes and behaviors of specific people within the system demonstrating the importance each individual plays in their official capacity. In the final analysis however, victim satisfaction with the jail term was key to understanding experiences of harm.     

“Walking in her shoes”: The Impact of Victim Impact Panels on Perpetrators of Intimate Partner Violence

Restorative justice models have had success with some issues within the criminal justice system; however, advocates and researchers within the intimate partner violence practice community have been reluctant to embrace this model. Criminal justice responses for intimate partner violence continue to be founded on a blend of retributive and rehabilitative justice models. Despite this reluctance, use of the restorative justice intervention of victim impact panels, may have targeted utility for increasing perpetrators’ empathy for their victims. The author 2examined responses from perpetrators who were mandated to participate in a victim impact panel experience as part of the coordinated community system response to intimate partner violence.     

The Northern Ireland Civil Service: Characteristics and Trends Since 1970

"This is a damned funny country. There's one crowd singing 'Wrap the Green Flag Round Me' and another crowd sings 'Rule Britannia' and there's a lot of bloody civil servants up there in Stormont drawing twenty pounds a week and laughing at the lot of us." Comment made in 1939 to Patrick Shea, cited in Shea 1981, p. 205.
This paper offers a summary of research on the Northern Ireland Civil Service (NICS) that has been undertaken as part of an ESRC-supported project examining the changing nature of civil services throughout the British Isles. Not since Gladden's seminal work in 1967 have studies of the British Civil Services offered sufficient coverage of the long-existing variations within the UK. The weaknesses in coverage are particularly visible with respect to the Northern Ireland Civil Service (NICS), which is accorded either footnote status in most work or even ignored altogether. A compelling case for closing the gap in the literature is underscored by the political devolution that was introduced after 1998. Far from being the unitary state associated with the Westminster model, the UK exhibits the features of a differentiated polity in which figure the contradictory impulses of centralization and fragmentation. In illustrating 'parity with particularity', the civil service arrangements obtaining within the Province of Northern Ireland clearly exemplify the differentiation with the UK. Moreover, with devolved fora now established for both Scotland and Wales, with associated pressure for more distinctive and even separate civil arrangements in each, Northern Ireland's experience offers valuable lessons on how the UK civil service may develop in Scotland and Wales.     

Does Recent Victimization Impact Confidence in the Criminal Justice System?

This study assesses whether recent victimization influences one’s confidence in the criminal justice system. Specifically, the study tests whether the predictors of confidence in major types of actors in the justice system are different for victims and nonvictims. British Crime Survey (BCS) data are analyzed using a series of structural equation models with multiple group methods. Overall, the findings support the idea that there is little difference between victims and nonvictims in how views of legal actors predict overall confidence. Additionally, prosecutors are slightly more influential on system confidence, regardless of victimization experience. Policy implications and future research directions are discussed.     

Internationalised justice and democratisation: how international tribunals can empower non-reformists

This article examines the relationship between international criminal justice and democratisation processes in post-conflict settings, illustrating that international tribunals did not contribute to democratisation in the cases of Serbia, Kosovo and Rwanda. The argument that tribunals have willingly or inadvertently empowered local non-reformist factions is rooted in the agency of local elites. The findings suggest prioritisation of international over localised knowledge, political over victim interests and stability over judicial independence. This article makes a contribution to the emerging, critical literature on the dynamics between institutions of international criminal law and their socio-political environments, drawing attention to volatile effects of internationalised justice.     

POLICING WITH A SMILE: NARRATIVES OF CONSUMERISM IN NEW LABOUR'S CRIMINAL JUSTICE POLICY

A recurrent theme in New Labour's public service reforms has been a tendency to orient services to the user as a consumer or customer of those services. However a consumerist approach – and particularly the 'customer is always right' imperative – appears problematic in relation to criminal justice. This article uses content analysis to explore the use of consumerist narratives by selected members of the UK criminal justice policy network (Prime Minister, Home Office and local government). It finds that the terms customer and consumer are used less in relation to criminal justice than they are in relation to other public services. When used, it is 'law-abiding citizens', particularly victims and witnesses, that are the priority customers of the service. Customer-orientated policing is primarily about standardizing services and encouraging more coproductive behaviours. The language of choice and personalization, which has come to characterize New Labour's approach to public service reform, has as yet had little penetration into criminal justice. However, the policy network is fragmented, with different narratives of consumerism emerging from Tony Blair (the then Prime Minister), the Home Office and local government, demonstrating the contingent ways in which policy-makers draw on historical traditions.     

The Limits of Local Accommodation: Why Contentious Events Remain Prone to Conflict in Northern Ireland

This article examines the difficulties of finding local solutions to the problem of contentious events in contemporary Northern Ireland. In so doing, it offers a sociological perspective on fundamental divisions in Northern Ireland: between classes and between communities. It shows how its chosen case study—parades and associated protests in north Belfast—exemplifies the most fundamental problem that endures in post-Agreement Northern Ireland, namely that political authority is not derived from a common civic culture (as is the norm in Western liberal democracy) but rather that legitimacy is still founded on the basis of the culture of either one or the other community. Haugaard's reflections on authority and legitimacy are used to explore Northern Ireland's atypical experience of political conflict vis-à-vis the Western liberal democratic model. The Bourdieusian concepts of field illusio and doxa help to explain why it is that parading remains such an important political and symbolic touchstone in this society.     

Care and treatment of the mentally ill in the United States: historical developments and reforms

Three major cycles of reform in public mental health care in the United States--the moral treatment, mental hygiene, and community mental health movements--are described as a basis for assessing the shifting boundaries between the mental health, social welfare, and criminal justice systems. Historical forces that led to the transinstitutionalization of the mentally ill from almshouses to the state mental hospitals in the nineteenth and twentieth centuries have now been reversed in the aftermath of recent deinstitutionalization policies. Evidence is suggestive that the mentally ill are also being caught up in the criminal justice system, a circumstance reminiscent of pre-asylum conditions in the early nineteenth century. These trends shape the current mental health service delivery system and the agenda for policy-relevant research on issues involving the legal and mental health fields.