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Chapter

This chapter examines the rehabilitation of offenders. Much discussion of crime and criminality focuses on the culpability of the offender, the management and control of crime, and the nature and legitimacy of punishment. However, there is another strand of criminological inquiry (and practice) which is more concerned with understanding offenders, appreciating ‘what makes them tick’, and seeking out tools and methods for reintegrating them into society as conventional law-abiding citizens. In effect, such approaches are concerned with identifying the causes and consequences of criminal behaviour and developing interventions which will enable offenders to change their behaviours and thought processes to enable them to take advantage of legitimate opportunities and to live decent lives. The chapter explores some of the beliefs and assumptions which underlie this kind of approach to crime and criminality. It considers some of the implications in terms of criminal justice practices and evaluates the outcomes of rehabilitative approaches. Finally, the chapter reflects on some of the limitations of this perspective on crime, both empirically and theoretically.

Chapter

This chapter seeks to convey why the architecture and design of prisons is pivotal to a full and nuanced understanding of ‘prison studies’. Placing prison design in historical and geographical perspectives, the chapter considers how evolving penal philosophies have been manifested in the form and fabric of prison buildings over the last two centuries. The current policy context in the UK, as new prisons have been built in Scotland and are being planned for England and Wales and Northern Ireland, is discussed. It is argued that this represents a rare opportunity not only to build new facilities that are fit-for-purpose but to re-assess how their aesthetic and spatial design might be mobilized to support a different model of criminal justice than that which has dominated since the last major wave of prison construction in the 1960s. Finally, the relationship between prisons and the communities in which they are situated is considered, and it is suggested that recently built prisons are no less a manifestation of society’s attitudes to offenders than Pentonville was in the mid-1800s. It is suggested that it may be more effective in the long term to influence public opinion through humane prison design than it is to build new prisons based on assumptions about public expectations.

Chapter

This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation and parole in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.

Chapter

13. Biological and psychological positivism  

Determined to predetermine

This chapter examines the contribution of biology and psychology to our understanding of crime and its causes from the perspective of individual positivism — those aspects of positivist criminological explanations that look for diffrences between criminal and non-criminal populations. It traces the development of biological and psychological positivist thinking from its roots in the nineteenth century through to more modern approaches in the twenty-first century where these biological and psychological traits are merely seen as one factor which may increase the likelihood of criminality rather than causing it. The chapter identifies the main biological and psychological theories relating to criminology and discusses the arguments of positivists regarding punishment and rehabilitation as a means to deal with offenders or criminals. It concludes with an analysis of learning theories that see most criminality as a product of learned behaviour.

Book

Steve Case, Phil Johnson, David Manlow, Roger Smith, and Kate Williams

Criminology is a core, introductory textbook on the field of crime and criminology. It starts by looking at what crime is and the theories that try to explain it. It then considers society's response to crime. It shows how to carry out independent research and plan first steps in a career. The critical, applied approach is emphasized through some of the many features that are integrated throughout the book. These include conversations with authentic voices from the field, compelling personal insights, and challenges to the reader to question assumptions, apply knowledge, and critically reflect on their personal viewpoints. Topics covered include crime statistics, the media, victimology, youth crime, sociological positivism, crime control, punishment, and rehabilitation. The last part of the text applies theories of criminology to the real world and introduces the reader to what might be involved in a career in criminology research.

Chapter

This chapter examines the concept of rehabilitation as an approach to crime and criminality, along with its implications for criminal justice practices. It first explains what rehabilitation is before discussing the different objectives to which rehabilitation aspires. It then considers five main assumptions underlying the principle of rehabilitation as well as alternative models of rehabilitation. It also explores how rehabilitation is organised and administered, focusing on probation; models and practices in the delivery of rehabilitative services, including cognitive behavioural therapy and the ‘Good Lives Model’; and the achievements and outcomes of rehabilitative interventions. The chapter concludes with an assessment of the impact and limitations of rehabilitation.

Chapter

This chapter reviews the main options available to the sentencing court which do not entail immediate custody. It therefore deals with fines, reviewing the difficulties posed by differential ability to pay, and community orders as well as suspended prison sentences. It discusses the tensions between imposing proportionate punishment—a retributivist aim—and delivering rehabilitation programmes—a utilitarian approach. It therefore discusses the theory and practice of rehabilitation that underpins these initiatives. However, because punishment and rehabilitation also take place in the community for those released from prison, this chapter examines supervision and the new ‘beyond the gate’ programmes for prisoners released on licence. The chapter therefore, covers the policy trends in relation to fines, the ‘rehabilitation revolution’, the privatisation of the delivery of community penalties, and the new and old utilitarian theories relating to rehabilitation.

Book

Sentencing and Punishment provides an accessible account of recent developments in sentencing and punishment from the standpoint of penal theories, policy aims, punishment practice, and human rights. It reviews changing ideas on what counts as ‘just’ punishment, and covers the key themes and topics studied on sentencing and punishment courses, New features of this, its fourth edition, include a focus on changes and continuities in penal and sentencing policy since 2010 as well as greater attention to sentencing guidelines and to the impact of the relevant sentencing provisions in force since the last edition, notably the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Criminal Justice and Courts Act 2015. Material on dangerous offenders is also updated. In two new chapters—‘Instead of punishment?’ and ‘Impact on victims and offenders’—this edition brings together different, yet linked, areas of sentencing law and practice to provide new perspectives, and in restructured chapters on community punishment and young offenders, it focuses on such recent developments as the privatisation of the delivery of community penalties, the ‘rehabilitation revolution’, and the decreased use of custody for young offenders. This edition also gives more attention to the continuing influence of human rights law and jurisprudence and incorporates more material on the impact of the Equality Act 2010 on the treatment of different groups within the prison population. It also now includes case studies and discussion questions at the end of each chapter.

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.