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.
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12. Gender and criminal justice
Margaret Malloch and Gill McIvor
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SN and SD v Governor of Cloverhill Prison and others (Case C-479/21 PPU), EU:C:2021:929, Judgment of 16 November 2021
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in SN and SD v Governor of Cloverhill Prison and others (Case C-479/21 PPU), EU:C:2021:929, 16 November 2021. The document also includes supporting commentary from author Noreen O'Meara.
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9. Trial by judge and jury
This chapter discusses how cases are processed in the Crown courts and trial by jury. It discusses the role and powers of the judge in relation to the management of cases, trial process and outcomes. It also discusses the jury system and how jury composition affects perceptions of the fairness and legitimacy of jury trial. Research about the impact of jury composition and juror attitudes on verdicts is discussed. The chapter goes on to consider whether key evidential rules unduly favour the defence or prosecution and attempts to further erode the practical significance of jury trial through the use of judge-only trials.
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1. Introduction to the English criminal process
This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.
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1. Introduction to criminal law
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter begins by addressing the question: What is a crime? It then discusses the difference between criminal law, the law of tort, and contract law; the function of criminal law; sources of criminal law; the classification of offences; the criminal justice process; the hierarchy of the criminal courts; the burden and standard of proof; and the elements of an offence.
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3. What is ‘justice’?
This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.
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30. Alternatives to punishment
This chapter evaluates the alternative means of responding to offenders and their crimes which have emerged in criminal justice and have been gaining wider recognition. Those who favour innovations of this kind tend to reject conventional assumptions and approaches, proposing new principles for the operation of the justice system. The chapter considers two distinct but similar challenges to conventional models of justice which have developed from this viewpoint: restorative justice and diversion. Restorative justice is based on the presumption that dealing with crime is a process rather than a single act or decision, that it involves collaboration between those with a stake in the offence, and that it emphasises healing as well as ‘putting things right’. Diversionary interventions, which can include community service, restitution, and education, as well as elements of restorative practice, provide an opportunity for the offender to avoid criminal charges or formal judicial processes, albeit sometimes by meeting certain conditional requirements.
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21. The Area of Freedom, Security and Justice: EU Justice and Home Affairs Law and Policy
This chapter examines the European Union (EU) home affairs law and policy, known in EU law as ‘the area of freedom, security and justice (AFSJ)’. It discusses the provisions of EU law on immigration and asylum (refugees and subsidiary protection) regulating the entry and residence of non-EU citizens, distinguishing between legal and unauthorised entry (controls at the border and expulsion and detention of irregular migrants), and the protection given to third -country nationals by a range of legislative measures. It also introduces the legal framework for the EU’s criminal justice policies, including the link between substantive criminal law and other EU policies.
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12. Conclusion: histories of the future
Benjamin Bowling, Robert Reiner, and James Sheptycki
The concluding chapter pulls together the implications of the earlier chapters of this book for an assessment of where policing is heading, and what is to be done to achieve greater effectiveness, fairness, and justice. It seeks to answer eight specific questions: What is policing? Who does it? What do police do? What are police powers? What social functions do they achieve? How does policing impact on different groups? By whom are the police themselves policed? How can policing practices be understood? It considers technological, cultural, social, political, economic changes and their implications for crime, order, and policing. It also examines the multifaceted reorientation of police thinking, especially shifts in the theory and practice of policing in the 1990s that included the rhetoric of consumerism. The chapter considers the limits of police reform and the implications of neo-liberalism for the police before concluding with a call for policing based on the principles of social democracy.
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8. Summary justice in the magistrates’ court
This chapter focuses on the magistrates’ courts. It discusses the importance of the magistracy and the work that they do; the involvement (and funding) of lawyers in summary justice; major pre-trial decisions such as bail and whether a case can be dealt with in the magistrates’ court or is so serious that it needs to be sent to the Crown court (mode of trial/allocation); how magistrates and their legal advisors measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms and trends that encourage dealing with much lower court business away from the courtroom itself).
Book
Edited by Chris Hale, Keith Hayward, Azrini Wahidin, and Emma Wincup
Criminology is an ideal textbook for undergraduate students approaching the subject for the first time. It offers a comprehensive overview of key criminological issues from specialists in the field, enabling students to gain a full and rounded understanding of the subject. The book examines a wide range of topics, including historical and contemporary understandings of crime and criminal justice; different forms of crime—from street crime to state crime; who commits crime and who the victims of crime are; and how society and state agencies respond to crime and disorder. The contributions offer clear, accessible introductions to the main topics and issues of criminology. The book includes questions, summaries, further reading guidance, useful web links, and tables and diagrams throughout, which help students to understand the more challenging issues and engage with the key debates. The third edition includes contributions from six new authors from the universities of Kent, Durham, Southampton, Cardiff, and Northumbria. They include a chapter on the emergence, scope, and regulation of cybercrime; and on ‘crime, culture, and everyday life’, an area of growing importance. The book is accompanied by an extensive Online Resource Centre that can be used by lecturers and students alike.
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3. Arrest
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.
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Liz Campbell, Andrew Ashworth, and Mike Redmayne
The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.
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14. Criminal process values
This chapter reflects upon the values that appear to dominate the English criminal process, the values that ought to dominate it, and how change might be brought about, in the context of austerity and diminishing resource allocation for both economic and ideological reasons. Specifically, it considers the avoidance of criminal trials, as well as the principled approach to criminal justice. The purpose of the criminal process is to bring about accurate determinations through fair procedures. The approach therefore emphasizes various rights and principles that ought to be safeguarded. The chapter then covers discrimination and non-discrimination, as well as promoting the principled approach.
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3. Ethics, conflicts, and conduct
Chapter 2 sketched a normative model of the criminal process in which the pursuit of a particular end—retributive justice—was constituted and constrained by respect for rights and other values. This chapter examines one way in which the demands of this rather abstract model can be put into practice: through the consideration of ethics. It begins with a brief discussion of the idea of ethical conduct. It then outlines some unethical practices, and is followed by attempts to examine and reconstruct some possible justifications for such practices. Next, it looks at the problems of displacing the occupational cultures and other influences which may lead to resistance against change. It goes on to discuss formal accountability systems and concludes with a consideration of the prospects for bringing about changes in the conduct of practitioners within the system.
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3. Towards a global comparative criminology
Manuel Eisner
This chapter provides an overview of the achievements and challenges of comparative criminology in the field. It elaborates on the development of comparative criminology, which is the study of crime and crime control across two or more larger social contexts to describe differences, testing theories, and drawing practically valuable inferences from comparisons. Due to the data revolution in global criminology, it is becoming possible to broadly describe levels and trends in crime across most parts of the world. Comparative research of criminal justice and penal institutions benefits from adopting a multi-layered ecological framework to understand the effects of social contexts on crime. Overall, comparative criminology aims to become an integrative framework for explaining crime globally along two dimensions.
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Introduction—Criminology: its origins and research methods
This chapter discusses the origins of the term ‘criminology’, which emerged at the end of the nineteenth century because a group of theorists laid claim to systematic knowledge as to the nature of criminal behaviour, its causes and solutions. Prior to this, commentaries on crime largely arose out of other enterprises. At the beginning of the nineteenth century, the administration of criminal justice in most European countries had been influenced by the views of several writers whose approach, although differing in certain respects, has come to be referred to as ‘classicism’. The basic view as to the organisation of society adopted by the classicists was influenced by the social contract theories of Hobbes and Rousseau. Individuals agree to join together to form a society and there is a consensus within the society for the private ownership of property and the protection of its members from harm.
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24. The Area of Freedom, Security and Justice: EU justice and home affairs law and policy
This chapter examines the European Union (EU) home affairs law and policy, known in EU law as ‘the area of freedom, security and justice (AFSJ)’. It discusses the provisions of EU law on immigration and asylum (refugees and subsidiary protection) regulating the entry and residence of non-EU citizens, distinguishing between legal and unauthorised entry (controls at the border and expulsion and detention of irregular migrants), and the protection given to third -country nationals by a range of legislative measures. It also introduces the legal framework for the EU’s criminal justice policies, including the link between substantive criminal law and other EU policies.
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12. Social harm and zemiology
Paddy Hillyard and Steve Tombs
This chapter examines the relationships between social harm, zemiology, and criminology. It begins by reviewing some of the main arguments set out by those advocating a turn towards social harm and/or zemiology. It then elaborates on some of those arguments, first through illustrating the kinds of harms more significant than those captured by ’crime’ and, following that, to consider how these harms might take peculiar forms under neoliberalism. The chapter then turns to consider ‘criminological’ responses to those arguments—both at the level of the discipline as a set of institutions, and then via an analyses of some of the more critical, intellectual responses. The final substantive section explores the relationship between critical criminology, social harm, and zemiology.
Book
Steve Case, Phil Johnson, David Manlow, Roger Smith, and Kate Williams
This book is the essential companion to exploring crime and criminal justice. It provides authoritative yet accessible coverage of all key topics of criminology, with a vibrant, student-focused approach that converts curiosity into critical analysis and students into criminologists. Its full coverage of today’s most pressing criminological issues includes chapters on global criminology (exploring organised crime, drug trafficking, people smuggling, cybercrime, and terrorism), social harm, and green criminology. The book also provides practical, focused guidance on beginning criminological studies and applying criminological knowledge to research, careers, and further study. The authors’ explanations are continually brought to life by the voices and experiences of a wide variety of people connected to criminology and the criminal justice system, from students and academics to prison officers and crime victims.
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