Ex-offender employment programs and recidivism: A meta-analysis

One consequence of the tremendous growth in the number of persons under supervision of the criminal justice system, whether incarcerated, on parole, or on probation, is the effect of this criminal history on finding and keeping a job. Ex-offenders, especially those recently released from prison, face substantial barriers to many types of legal employment; nonetheless, stable employment is one of the best predictors of post-release success. Thus, policy-makers concerned about high recidivism rates face an obvious need to improve the employment prospects of ex-offenders. Over the last 25 years, many programs that were designed to increase employment (and, by so doing, reduce recidivism) among ex-offenders have been implemented and evaluated. [Wilson, D. B., Gallagher, C. A., Coggeshall, M. B. & MacKenzie, D. L. (1999). Corrections Management Quarterly 3(4), 8–18; Wilson, D. B., Gallagher, C. A. & MacKenzie, D. L. (2000). Journal of Research in Crime and Delinquency 37(4), 347–368] conducted a quantitative synthesis and meta-analysis of 33 evaluations of educational, vocational, and work programs for persons in correctional facilities. To date, however, the evaluation literature on employment programs for those with a criminal record who are not in custody has not been systematically reviewed. This paper presents the results of a quantitative meta-analysis of eight random assignment studies of such programs, using the Campbell Collaboration methodology. The results indicate that this group of community employment programs for ex-offenders did not reduce recidivism; however, the experimental design research on this question is small and does not include some of the promising community employment programs that have emerged in the last decade.     

Dilemmas and consequences of prior criminal record: a criminological perspective from England and Wales

This article considers the contemporary architecture of criminal record usage in England and Wales. We focus upon impact on ‘employment status’, partly because work is often now seen as key to good health and other self-esteem indicators in the modern world. First, we examine in the context of England and Wales, (a) the development of the contemporary criminal record system and extent of availability of prior record information in terms of employment (and other licensing purposes) and (b) the factors that helped shape the current architecture. Second, this article outlines what is known from the British criminological literature on employment and conviction records and what more is needed in terms of criminological research. Finally, we consider how convictions become ‘spent’ – in particular the English approach to ‘expungement’/sealing of the criminal record according to the 1974 Rehabilitation of Offenders legislation.     

The Employment of Ex-Offenders and the UK's New Criminal Record Bureau

This article outlines the development of the UK's Criminal Records Bureau designed to improve the efficiency and effectiveness of the screening arrangements for potential employees by disclosure of their criminal records to employers. The Bureau builds on existing arrangements that have been in place for a number of years. The authors argue that this development, which includes a much wider availability of criminal records, is an example of a new social policy that has the potential for an unintended consequence of large scale social exclusion, by limiting the prospects of employment for ex-offenders.     

Sex offender (re)integration into the community: realities and challenges

Abstract

This paper explores the benefits of engaging with self-defined communities in Northern Ireland on the issue of sexual offending and argues the case for building on existing community structures, by identifying people with leadership skills and by empowering them with the knowledge, and with connections to statutory services, that will support public protection. We address the historical context in terms of the impact of the conflict on these communities and describe the role and experience of NIACRO working in Northern Ireland, in particular its Base2 project supporting people under threat. We reference the development of current statutory arrangements for Public Protection Arrangements for Northern Ireland (PPANI) and argue the case for preparing people in the community to receive and understand the messages promoted through PPANI on the basis of our belief that public education is most effective when the people receiving it are receptive.     

The Legal Situation on Stalking among the European Member States

Stalking became a subject of academic and social concern in Europe in the mid-1990s. Shortly afterwards the issue of legislation became the subject of debate in some countries and in 1997 the United Kingdom was the first European Member State that passed anti-stalking legislation. Denmark constitutes an exception because its Criminal Code of 1933 contains a provision which also deals with stalking. Other States that up to now have passed legislation against stalking in Europe are Belgium, the Netherlands, Germany, Malta, Ireland, Austria and, last in order of time, Italy. Where an anti-stalking law exists, legislators have introduced a new article into the existing Penal Code or have amended an article still in force for similar conduct, or have introduced a specific Act against Harassment or Domestic Violence which is intended to cover not only such conduct but also stalking. In the remaining European countries where an anti- stalking law does not exist, it is possible to prosecute stalking only when the behaviour amounts to crimes prosecutable under other existing norms. This article analyses legal regulations on stalking across European Member States in civil and criminal justice considering specific laws addressing the phenomenon or, alternatively, other laws under which stalking can be prosecuted. In the conclusions some advantages and disadvantages of European anti-stalking laws are discussed and some suggestions are given for future work in order to improve the protection of the victims of stalking.     

The criminal act of commercial surrogacy in Australia: a call for review

Australian surrogacy legislation punishes the pursuit of a commercial surrogacy arrangement as a criminal offence. Such legislation was first introduced in Victoria in 1986 and has since been applied in every Australian jurisdiction except for the Northern Territory. The current application of criminal law is based upon this 1980s policy which has never been subject to public debate. This article argues that the continued application of criminal penalties to commercial surrogacy requires review.     

Lifetime conviction risk—a synthetic cohort approach

How common are convictions? The stigma of a criminal record can have serious social and financial consequences for the individual. It is a fundamental question in relation to any policy how many people will be affected by it. For example, if it is desirable to make sentencing generally stricter, or restrict ex-offenders' employment opportunities, how many people will that apply to? Little is known about how many people acquire a criminal record over their life-course. In this paper, I apply life-table methods to a synthetic cohort to calculate the lifetime conviction risk. The findings show that a substantial proportion of the population will be convicted of a crime at some point. Not surprisingly, the figures for men are substantially higher than for women.     

Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom

In Re an Application by the Northern Ireland Human Rights Commission for Judicial Review, the Supreme Court made unfavourable comments about Northern Irish abortion legislation in a way which showed complete disregard for elements of civil procedure which are a foundation of proper adjudication within the context of respect for democracy. This was but the latest of a number of cases in which the senior judiciary has made unaccountable procedural innovations furthering judicial supremacy in defiance of the sovereignty of Parliament. In addition to Re Northern Ireland Human Rights Commission, two other of these cases, Simmons v. Castle and R (Miller and another) v. The Secretary of State for Exiting the European Union, will be discussed. These cases reveal an effort to create judicial supremacy by means which we are obliged to call surreptitious.     

Criminal Records and Employment: A Survey of Experiences and Attitudes in the United States

Ban-the-Box (BTB) legislation, which bans employers from asking about criminal history records on the initial job application, is arguably the most prominent policy arising from the prisoner reentry movement. BTB policies assume: 1) most employers ask about criminal records, and 2) inquiries occur at the application stage. However, we lack reliable information about the validity of these assumptions or about public attitudes towards criminal background checks, which limits our understanding of the potential scope of this innovative policy. Using survey data from a national probability sample, we estimate that in the past year, over 31 million U.S. adults were asked about a criminal record on a job application. According to our survey, virtually all of the criminal record inquiries occurred at the application stage, highlighting the potential of BTB. However, we also found that the public is sharply divided on whether to prevent employers from asking on applications, as per BTB.     

从危害国家安全罪看俄罗斯的刑事政策

俄罗斯联邦刑事政策指导刑事立法,反映国家的犯罪态势和预防犯罪的对策。随着经济全球化,刑事立法也被置于国际大背景中。侵害宪法制度基本原则和国家安全的犯罪较为典型地诠释了俄罗斯当前人道主义导向的刑事政策和刑法保护价值观的调整,突出了俄联邦刑事立法上法网严密、刑罚宽缓的特点,符合国际上预防犯罪和改造罪犯的目的。刑事政策是社会历史发展的产物,是社会政策的一部分,其新旧更迭变化和发展也必然符合历史规律和社会进步的需要。     

Towards a Northern Ireland Bill of Rights

The political settlement resulting from the Belfast Agreement recognisedthe fundamental importance of the issue of rights to a stable peace inNorthern Ireland. Indeed, the agreement provided for a Human RightsCommission, one of whose tasks is the drafting of a Bill of Rights thatwill reflect the political reality of the province. This paper arguesthat the proposed document will have to reflect an understanding ofrights and their protection resulting from the particular history ofNorthern Ireland. This specific understanding of rights appeared firstin the Anglo-Irish Agreement and has been gradually developed andconsolidated in the political agreements since. The planned NorthernIreland Bill of Rights will have to reflect this rights thinking. Thearticle also chronicles the recent work of the Northern Ireland HumanRights Commission in drafting the Bill of Rights to be presented to theSecretary of State for Northern Ireland in February 2002. Thereciprocal, if belated, moves in the Republic to set up its own humanrights commission will also be addressed as part of the process to drawup a Charter of Rights for the whole people of Ireland.     

We were conscious of the sort of people we mixed with

In the Republic of Ireland, the family is both a private entity and a construct of the state, and the relationship between family and state is outlined in the Irish constitution. In the Northern Irish state a similar conviction that the family unit is essential to the welfare of society has been implicit in social policy and legislation, as has the classification of women's place. Access to financial resources has played a significant role in situating the family in society and income and social class were inextricably interwoven.

This paper explores how social attitudes have shaped family behaviour and identity in mid twentieth century Ireland, particularly in terms of the part played by women. Class consciousness and definitions of “respectability” are considered, using oral history testimony from a number of women remembering when they were young in the 1930s and 40s. The interviewees accepted the domestic role assigned to them by popular consensus and social policy. Their stories contain frequent references to their reluctance to associate with people whose occupations were judged to be inferior because of the lower status accorded to certain kinds of work. The paper will consider the extent to which legislators and policy makers shared such class awareness and how that might have influenced the shaping of the family unit in Ireland in the middle decades of the twentieth century.     

Spanish legislation against trafficking in human beings: punitive excess and poor victims assistance

The article seeks to provide a perspective of human trafficking as one of the fastest growing criminal activities of the last few years in the area of organised crime and one that affects human beings’ most basic rights. In the main, the response to the problem has been its criminal prosecution, but without tackling the issues of need that underlie this conduct and which the traffickers take advantage of to abuse, assail and exploit the people they traffic. In this context, the evolution of Spanish legislation in terms of the criminalisation of this problem has made it one of the most repressive, although there is no clear evidence of its effectiveness. This punishment, which covers a wide range of criminal conducts, has not however been accompanied by any policies to support and integrate the victims of trafficking, which has led to a large number of victims being subjected to slavery who, in the majority of cases, fall under the control of the trafficking networks again.     

Meeting the Offender Re-integration Challenge

In this article the author – member of the European Offender Employment Forum – gives his view on the problems of re-integrating ex-offenders. He describes the pan-European growth of the prison population, the vocational training offered in prisons and the demands of the labour market. He also discusses promising programmes and initiatives to counter the problems faced by ex-offenders. The 'solution' should be multi-dimensional, provide for continuity between pre-release and after-care and counter problems like employment, housing and finances. Governments must make it their business to ensure that the programmes they support are meeting the range of offenders' needs, are linking properly with the labour market and are providing continuity from sentence to community.     

Understanding of criminal reconciliation in ancient China

It is the duty of literature on criminal law to record the states orthodox criminal legislation and justice. However, it is difficult to find a systematic and sufficient historical literature for directly expounding the criminal reconciliation outside the state criminal litigation system. This is a civil act among people or a non-statutory criminal reconciliation. Meanwhile, the object of historiography of modern criminal law is usually limited to the evolution and development of the state criminal law and official criminal justice. Thus researchers focus on these areas leaving little systematic evidence for scattered, local, individual, non-statutory and non-normalized criminal reconciliations between victims and offenders. However, upon investigation of the long standing institutional change of Chinese society as well as an analysis of the social reality reflected by Chinese traditional social and legal cultures, it can be confirmed that criminal reconciliation in ancient Chinese society existed reasonably and necessarily.     

Crime in Ireland north and south: Feuding gangs and profiteering paramilitaries

This paper provides a systematic overview of the emergence of organized crime in the Republic of Ireland and Northern Ireland since the late 1960s. It draws on two major studies of organized crime in the South (Hourigan 2011) and paramilitary activity in the North (Morrison 2014) to explore how conflict within and between organized criminal and paramilitary groups, shapes the distinctive dynamic of organized crime on the island of Ireland. The paper opens with an overview of the development of the drugs trade in the Republic of Ireland. The distinctive cultural characteristics of Irish organized crime groups are considered and the role played by paramilitary groups in criminal networks, North and South, is reviewed. As part of this analysis, the dynamic of inter-gang feuds and the spectrum of conflicts between organized criminal and paramilitary groups are analyzed. The competitive and mutually beneficial links between these organizations, North and South are explored as well as the tendency of paramilitaries to engage in vigilantism against criminals (mostly drugs dealers) as a means of building political capital within local communities.     

FAMILY CARE COMMITMENT DISCRIMINATION: BRIDGING THE GAP BETWEEN WORK AND FAMILY

This Note discusses the pervasive problem of employment discrimination based on family responsibilities, or family care commitment discrimination. Employees with family care commitments often find themselves being pulled in opposing directions—between work and family. When an employee is forced to choose work, for financial reasons, over family, his or her family ends up suffering. The current state and federal statutes aimed at employment discrimination are insufficient to deal with family care commitment discrimination. This Note proposes a change to the current legislation and explains how this change will protect employees and families, while causing employers to internalize externalities by adopting more family‐friendly policies.     

Criminal justice employee rights: An overview

This article provides a comprehensive overview of the legal rights of criminal justice employees. Among the issues discussed are: property interests in employment; due process and other rights in discipline and termination; First Amendment rights; privacy rights; and protections against discrimination and a hostile work environment. The affirmative obligation of the criminal justice agency to take a proactive stance in formulation, implementation, and enforcement of policies is also discussed.     

Northern Ireland Dimensions to the First Decade of the United Kingdom Supreme Court

This article focuses on the relationship between the United Kingdom Supreme Court and Northern Ireland over the course of a constitutionally significant period of time, namely the first decade of the Court's existence. It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court's work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC. It concludes that the Court has established itself as an indispensable component of the legal system of Northern Ireland.     

Enforcing eAccessibility: is the current legal framework adequate?

Regulating the web and information and communication technology (ICT) is a hot-button issue that often becomes misconstrued as the self-interests of private parties. In fact, ensuring accessibility for people with disabilities is often not a priority for companies that provide ICT goods and services. In this manner, people with disabilities are excluded from the global ICT market, which presents a problem of rights assessment and a market gap. By examining the way law and policy implement and augment the state of eAccessibility, this article aims to critically assess the eAccessibility legal framework. It focuses on the United Nations Convention on the Rights of Persons with Disabilities, the European Union relevant legislation, and on national legislation, taking as a case study two representative countries: Ireland and Spain. These countries have been chosen due to their high and low ‘Measuring eAccessibility’ scores, respectively. The particular technology chosen for examination includes websites, self-service terminals and mobile phone apps.