This chapter discusses the nature and structure of ‘criminal justice’; proving guilt and innocence; adversarial and inquisitorial theories of criminal justice; recent trends in criminal justice and crime; crime control and due process; the fundamental (human) rights approach to criminal justice; the managerialism approach to criminal justice; where victims fit into these approaches; and the adoption of freedom as the ultimate goal of criminal justice.
Chapter
This chapter discusses the nature, structure, values and objectives of ‘criminal justice’, together with recent trends, primarily in England and Wales. This includes examining the concepts of guilt and innocence, and the difficulty of ‘proving’ either in many cases; the adversarial nature of the Anglo-American system, contrasted with the inquisitorial approaches that traditionally underpin ‘European’ systems; and the analytical tools of ‘crime control’ and ‘due process’. The importance, and limitation, of the human rights approach in criminal justice is discussed, along with the increasing influences of managerialism and neoliberalism. The chapter then looks at how victims are catered for in these various approaches. It concludes that human rights provide only a bare minimum of protection for suspects and victims alike, and that the system is more exclusionary than inclusionary. Thus a new theoretical framework is proposed that is centred on ‘freedom’, which would prioritise three ‘core values’: justice, democracy and efficiency.
Chapter
This chapter examines appeal procedures. It discusses the values that should underpin appellate procedures; appeals from the magistrates' courts; appeals from the Crown Court to the Court of Appeal; and the role of the Criminal Cases Review Commission in referring cases back to the appeal courts once normal appeal rights are exhausted.
Chapter
This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules and their effectiveness in controlling the use of this power, and also looks at what reasons for arrest are lawful. The chapter shows that arrest is used for many purposes, some more legitimate than others.
Chapter
Alpa Parmar
This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.
Chapter
George Mair
This chapter begins with a brief overview of the history of community sentences as alternatives to custody. It then explores the current situation with regard to community sentences and alternatives to custody, drawing on the most up-to-date research available. The chapter also discusses the political environment in which the probation service finds itself. The concluding section summarizes the key issues around the topic.
Chapter
This chapter focuses on the ways and the extent to which the courts deal differently with children and young people under 18 who commit criminal offences or behave antisocially. It therefore covers the new criminal behaviour orders and injunctions as well as parenting orders. It then reviews the sentencing options available to the Youth and Crown Courts in dealing with young offenders, and examines the current practices and policy trends in relation to both community and custodial penalties for young offenders. In particular, the chapter covers the YRO (Youth Rehabilitation Order) and the Detention and Training order. It highlights the continuing deficiencies in the care of young people detained in young offender institutions and secure training centres, especially in regard to methods of restraint, and examines the advantages and limitations of using children’s rights and human rights to ensure more appropriate treatment of children and young people who commit offences.
Chapter
Steven Cammiss
This chapter first considers the functions of the courts and questions whether there are other, more symbolic functions at play than finding the truth. It then outlines the court system, looking to both magistrates' courts and the Crown Court, and explores the composition of both courts, the types of cases that they deal with, and their role. To examine a particular decision made within the criminal courts, the chapter looks at the mode of trial decision. It concludes by asking whether the reality of the courts lives up to the rhetoric of trial by jury as the pinnacle of due process protections.
Book
Edited by Anthea Hucklesby and Azrini Wahidin
Criminal Justice provides a thought-provoking and critical introduction to the challenges faced by the UK's criminal justice system, including policing, sentencing, and punishment at the beginning of the twenty-first century. Expert contributors, including criminologists and lawyers, provide students with a critical introduction to issues, institutions, and agencies that shape the operation of the criminal justice system. The book provides students from a range of disciplines including criminology, law, sociology, psychology, and social policy with knowledge and understanding of the key areas of the subject and an appreciation of contemporary debates, policies, and perspectives. Each chapter features questions, summaries, tables, diagrams, annotated further reading, and weblinks to ensure the book is as accessible and engaging as possible, and provides clear guidance on further study. An illuminating glossary of key terms is also included. In this second edition: all chapters have been completely revised and updated; a new chapter has been included on the policy landscape of criminal justice; additional material has been incorporated into two chapters on the police and policing; and a new chapter on the criminal courts has been included, as have additional chapters on innovative aspects of criminal justice, and science and psychology in criminal justice. This title is accompanied by an Online Resource Centre containing an online version of the glossary of key terms and annotated web links.
Book
Andrew Sanders, Richard Young, and Mandy Burton
Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales, as well as thought-provoking insights into how it might be altered and improved. Tracing the procedures surrounding the apprehension, investigation, and trial of suspected offenders, this book is the ideal companion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including recent terrorism legislation and the Criminal Justice and Immigration Bill. Students are aided by the addition of a new Online Resource Centre that directs them to related cases and current events, successfully highlighting the importance and ever-changing nature of the subject. In this, the book's fourth edition: an experienced new co-author, Dr. Mandy Burton, joins the writing team; the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is informed by the authors' own specialist research into penalty notices for disorder and integrated domestic violence courts.
Chapter
Loraine Gelsthorpe
This chapter charts some of the major developments in modern British society against which changes in criminal justice policy should be seen: the emergence of a culture of control amidst economic, technological, and social changes; the politicisation of law and order and the democratisation of criminal justice; the development of a risk society; and the emerging dominance of managerialism. It then discusses the notion of the ‘Big Society’ and considers its impact on criminal justice policy. The final section outlines some events that have driven changes in the direction of criminal justice policy.
Chapter
This chapter examines how real the checks, controls, and safeguards provided in the Police and Criminal Evidence Act 1984 are, and also evaluates the effect of the European Convention on Human Rights and the Human Rights Act 1998. The discussions cover the powers and duties of the custody officer; detention without charge; deaths in custody; the right to legal advice; and remedies for those whose rights are breached.
Chapter
This chapter examines the effectiveness of the checks, controls, and safeguards provided for suspects in police detention, including for suspects considered to be vulnerable by the police. It also evaluates the effect of the European Convention on Human Rights and the Human Rights Act 1998. The discussions cover the powers and duties of custody officers and detention officers; length of detention without charge; suspects’ rights including the right to legal advice and the rights of vulnerable suspects; the purpose of and experiences of police detention; and deaths in police custody.
Chapter
Seriousness and proportionality are key concepts in the ‘just deserts’ approach to sentencing which was endorsed by the Criminal Justice Act 1991. This chapter analyses the extent to which this sentencing framework with retributivist principles has been undermined by subsequent changes in legislation, notably the Criminal Justice Act 2003, and by amendments to that Act. It examines law and guidance on constructing seriousness, particularly in relation to harm and culpability, and on determining a commensurate sentence. It illustrates issues by using examples from recent guidelines and focuses discussion on examples from custodial sentencing. Finally, the chapter discusses criticisms of modern retributivism.
Chapter
This chapter begins by discussing the nature of punishment before focusing on key questions in penal policy including justice, risk, and human rights. It also considers the principal factors that shape the development of penal policy, notably political imperatives, economic influences, and penological and criminological principles, as well as public opinion and the media, which have become much more influential since the early 1990s. Recent penal policy developments are also discussed to highlight significant trends and problems. The chapter concludes by focusing on the governance of sex offenders and providing a case study and discussion questions for reflection on the issues.
Chapter
This chapter considers the experience of imprisonment for specific groups, namely women (including mothers), ethnic minorities, disabled prisoners, religious minorities, and gay, lesbian, and transgender prisoners. There is also more focus on the experience of foreign national prisoners and the growing number of olderprisoners. Policies that aim to reduce the risk of unfair treatment to these groups and their impact are reviewed, as is the framework of legislation designed to promote equality and human rights. The approach taken to race equality has now been extended to other groups. The framework of equality law is considered, including the Equality Act 2010 and its equality duty. The importance of gender-specific penal policies is also discussed.
Chapter
Paul Roberts
This chapter examines the role of science in the criminal justice process, focusing on DNA profiling evidence, both as an important topic in its own right and as a case study illuminating broader issues. It considers the potent combination of scientific innovation and public policy making in the development of new forms of legally admissible evidence. The chapter explores some general, and fundamental, aspects of the logic of forensic proof in criminal trials.
Chapter
Margaret Malloch and Gill McIvor
This chapter, which examines the relevance of gender to an understanding of criminal justice responses to offending and victimisation, covers: gender differences in criminal involvement; gender and sentencing; gender and punishment; gender and ‘victimisation’; and gender and the criminal justice professions.
Chapter
This chapter begins by examining the increased policy focus on victims of crime and their more recent involvement in the sentencing process via victim impact statements. It reviews changes in sentencing law which have aimed to ensure the offender does not profit from crime—such as confiscation orders—and that the offender pays financial compensation to the victim. Secondly, it discusses conflicting approaches to a focus on the impact of a sentence on the offender or the offender’s family, covering justifications from penology and evidence—from research and appellate cases—of practice in the courts. This includes discussion of the role of personal mitigation in retributivist and utilitarian sentencing and the influence it may have on the outcome for less serious cases.
Chapter
This chapter pulls together some of the issues mentioned in earlier chapters through a specific lens of inequality. The chapter highlights key areas of inequality in the criminal process by focusing on class, race and sex, but identifies intersections with a broader range of marginalised populations where information exists (and points to the need for research where the information does not yet exist). It discusses what we mean by inequality; key areas in which inequality in relation to class, race and sex manifest and intersect; inequity manifested in the criminal law; inequality as it manifests in policing; inequality as it manifests through sentencing; inequality experienced by victims; hate crimes; and ways that inequality could be reassessed and evaluated through discourses of rights and belonging.
