Unwitting subjects of surveillance and the presumption of innocence

Mass surveillance programmes introduced by several EU Member States influence the protection that citizens enjoy on the basis of fundamental rights and freedoms. This paper focuses on the impact that these programmes have on the legal principle of presumption of innocence. The authors argue that even in those circumstances where the principle does not immediately apply because mass surveillance is undertaken before any criminal charge is issued, the collection of information and potential evidence limits the guarantees offered by the principle during the stages of a legal process. It is argued that mass surveillance programmes undermine the role of the principle of presumption of innocence at the stages of a criminal process and compromise, therefore, the very effectiveness of the legal process.     

‘Domestic transnationalism’: legal advocacy for Mexican migrant workers' rights in Canada

Every year thousands of Mexicans travel to Canada to work in Canadian fields and greenhouses under the Mexico-Canada Seasonal Agricultural Worker Program. While the programme is often praised, it has also been the subject of persistent criticism about its failure to meet certain human rights standards. In this article, we examine the legal strategies civil society advocates of migrant workers have adopted to promote migrant workers' rights in Canada. Specifically, we examine legal struggles undertaken by the United Food and Commercial Workers union to challenge Ontario government legislation that does not permit collective bargaining by farmworkers in the province. We argue that this case demonstrates that despite the fact that many of the workers involved are transnationalized, appeals to international bodies or to international human rights standards have been of limited utility in promoting their rights. Despite frequent arguments about the increased relevance of international human rights and citizenship norms and transnational human rights advocacy, in this case the national and sub-national scales remain predominant. The result, we argue, is a form of ‘domestic transnationalism’, in which domestic political actors engage in advocacy within domestic legal institutions to promote the rights of a transnational mobile labour force.     

Canada's views on North‐South negotiations

This article assesses the recent embrace of the concept 'civil society' within development discourses, both conceptually and in the context of the construction of civil society in El Salvador. It challenges the tendency to generalise about civil society, warning against its glorification as a panacea. In a critique of the liberal approach to civil society, commonly used among international agencies, the discussion highlights how civil society organisations in El Salvador are fragmented politically, socially, but also geographically. Furthermore, civil society is not a unified entity with its constituent organisations working towards common goals. Nor may it be created or imposed from above by governments or donors. Instead it comprises a diverse range of competing groups grounded in different historical, political and geographical circumstances. While it is suggested that fostering civil society is a useful aspiration, it is essential that the concept also be recognised as contested.     

Socrates in Aotearoa: teaching restorative justice in New Zealand

Much introductory material on restorative justice presents the subject from an idealistic point of view, in which assertions of its ethical superiority and advantages over retributive justice systems frequently go unchallenged. In New Zealand, this problem is particularly pronounced, as there is often a naïve acceptance that restorative justice is more culturally appropriate for offenders and victims with indigenous backgrounds. This article argues for a more nuanced approach to the teaching of restorative justice, using critical investigation of claims concerning its efficacy and examination of its problems in order to explore its promises and realities. One possibility for such an approach is the use of the Socratic Method, a teaching method with a demonstrated ability to engage students and foster critical thinking, but one that has also received criticism for its ability to intimidate and demean students. This method is widely used in law schools, but much less so in the social sciences. This article explores the use of this method in a New Zealand university class on restorative justice, examining both student perceptions of the use of the Socratic Method, as well as the efficacy of this approach in terms of knowledge retention and critical engagement.     

Gang activity in english prisons: The staff perspective

Abstract

Gang behaviour has been associated with serious problems in American prisons (e.g., Fong and Buentello, 1991). This study explored the possible existence of indicators of gang activity in English prisons. Surveys of problems consistent with gang activity were completed by 374 prison staff in 16 prisons that were representative of the English Prison Estate. Results showed significant differences between categories of institution. The most gang-related activity was reported in male Medium security prisons and Young Offender Institutions. The lowest reported incidence was in both male Low and High security prisons. Female establishments demonstrated levels lower only than Medium security male prisons. Discussion focuses concern on the levels of gang activity apparently present in the Medium security English Prisons and suggests directions for further research.     

What works for offenders and staff: comparing two multi-agency approaches to offender resettlement

Abstract

Between 2005 and 2007, the Kent and Medway Resettlement Programme (KMRP) piloted EXODUS (ex-offenders discharged under supervision), a multi-agency support system for identified prolific and priority offenders (IPPOs). Unlike traditional models of multi-agency support, EXODUS agencies work from the same location to maximize support for IPPOs, and inter- and intra-agency support for staff. This study assessed the perceived effectiveness of EXODUS. EXODUS staff and IPPOs were interviewed and their responses compared to those of traditional multi-agency support staff and IPPOs. Analysis showed that EXODUS IPPOs had committed fewer offences since receiving support than did comparison IPPOs. Neither group was more likely to be employed, but of those who were, EXODUS IPPOs were more likely to remain employed than comparison IPPOs. Most, regardless of type of support structure, recommended their programme and staff, although EXODUS IPPOs were more satisfied with the support they received. Staff believed that an expansion of the multi-agency approach was needed and that agency roles should be more clearly defined. EXODUS staff expressed higher efficacy in their own and colleagues’ ability to provide effective support and improved inter-agency relations and support from co-workers. However, EXODUS and comparison staff did not differ in levels of job satisfaction.     

Incapacitation and imprisonment: prisoners' involvement in community-based crime

Abstract

The impact of incapacitation on prisoners' offending behaviour is a neglected area of research. The aim of this study was to examine the extent and nature of prisoners' involvement in community-based crime in the UK. Participants were selected from nine prisons in the UK and consisted of 360 prisoners, 81 females and 279 males. Offenders were interviewed to assess levels and forms of involvement in community-based crime and perceptions of other prisoners' involvement. Levels of prisonization and institutional and demographic characteristics were used to identify vulnerability to involvement in community-based crime. Twenty-five per cent of the sample admitted personal involvement and 63% reported other prisoners' involvement in a diverse range of crimes. Analyses revealed prisoners involved in community-based crime are likely to be young, male recidivists who hold prisonized attitudes. Prisoners who are white, prisonized and recidivist reported highest levels of other prisoners' involvement in community-based crime. No age or gender differences delineated prisoners' reports of others' involvement. The results show that incarcerating offenders may not prevent their involvement in community-based offending. Discussion centres on the characteristics of involved prisoners and considers the implications of the results for rehabilitation and penal policy.     

Propensity to support prison gangs: its relationship to gang membership,victimisation, aggression and other disruptive behaviours

Propensity to support prison gangs and its association with aggression, victimisation and disruptive behaviour is explored. The sample comprised 423 adult male prisoners from three Canadian prisons. Participants completed the PGB (Propensity to support Gang-related Behaviour scale) and DIPC-R (Direct and Indirect Prisoner behaviour Checklist-Revised). The former indicated gang membership propensity and included a direct question on whether or not participants considered themselves a gang member. It was hypothesised that prison-based aggression would be predicted by a propensity to support prison gangs and by gang membership. It was also hypothesised that aggression and disruptive behaviours would be reported more frequently by gang members than non-gang members. Propensity to support prison gangs was associated with aggression and other disruptive behaviours, as was actual gang membership. Aggression and other disruptive behaviours were reported more frequently by gang members. Prisoners reporting both aggression perpetration and victimisation simultaneously (i.e. ‘perpetrator/victims’) were over-represented as gang members. Gang membership did not appear to protect against being victimised. Propensity to support prison gangs was composed of beliefs that gangs were supportive, well-ordered and protective, and comprised of friends. The importance of accounting for propensity to support prison gangs and not just self-reported gang membership is discussed.     

Good practice in eliciting disclosures from sex offenders

Abstract

Eliciting useful and reliable disclosures from sex offenders is imperative for effective risk management. Responsiveness to accurate self-report by sexual offenders of their risky thinking and problematic behaviours ensures that offenders are dealt with at the correct risk level. This requires practitioners to use a range of constructive strategies and techniques for eliciting disclosures. Drawing on a recent study that investigated the nature and usefulness of disclosures, this paper explores the inherent challenges and identifies best practice in this important area of work.