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Cover Sanders & Young's Criminal Justice

12. Victims, the accused and the future of criminal justice  

This chapter discusses how developments in criminal justice have affected suspects’ rights; different types of victims’ ‘rights’; whether victims have (legally) enforceable rights; and enhancing victims’ rights without eroding defendants’ rights. It concludes with an overview of the impact of neoliberalism, the extent to which the system incorporates the ‘core values’ it ostensibly subscribes to, and how to make criminal justice more freedom-enhancing.

Chapter

Cover The Oxford Textbook on Criminology

7. Victimology  

Angus Nurse

This chapter assesses victimology, which has become an important sub-discipline within criminology. Victimology includes the study of victimisation as well as the challenges of legal and institutional definitions of the ‘victim’. Discussions include debates concerning victims’ rights and activism and how victimhood has come to be understood and responded to. The chapter then considers both narrow and wider ideas of victimisation, and examines whether and how criminal justice processes and public policy have developed in response to victims’ needs. While victims are really the people who the criminal investigation and trial are meant to serve, they are often not part of the process. The chapter also looks at a key part of victimology, which is the use of statistical evidence on the levels of victimisation.

Chapter

Cover The Oxford Textbook on Criminology

8. Hate crime  

Angus Nurse and Mark Walters

This chapter addresses hate crimes, which are complex, as these offences can be linked to both personal gain or even profit, as well as concepts such as ‘difference’ and ‘othering’. This area of criminology came about primarily because the civil rights movements in the US and the UK raised the profile of racist and (later) homophobic violence so that they became important political and social issues. The chapter looks at a range of different types of hate crime, including offences based on prejudice towards victims because of their disability, race or ethnicity, religion or beliefs, sexual orientation, and gender identity. It also identifies some of the factors that can affect these offences in ways that are not immediately obvious. These elements include the influence politicians can have, especially when using language that excludes minority groups and portrays them as a threat to the public or as somehow being ‘Other’ (different and arguably not to be trusted).

Chapter

Cover The Oxford Textbook on Criminology

23. Criminal justice principles  

This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.

Chapter

Cover Criminal Justice

4. The prosecution process  

Anthea Hucklesby

This chapter explores issues relating to the prosecution process. It introduces some of the main theoretical and conceptual issues with the prosecution process, and considers a number of key trends in recent criminal justice law and policy. The discussions cover the agencies involved in the prosecution process; making sense of the criminal justice process; diminishing defendants' rights; and differential treatment.

Chapter

Cover Sentencing and Punishment

8. Justice in the modern prison  

This chapter focuses on the treatment of adult prisoners, examining a number of aspects of prison life as well as considering the aims of imprisonment. Key developments since 1990 are considered, including the Woolf Report, managerialism and privatisation, the impact of the Human Rights Act 1998, and the debate on prisoners’ right to vote, to assess whether the just treatment of prisoners has been achieved. While substantial improvements in prison regimes have been made since the early 1990s, there has also been considerable pressure on them from the expanding prison population. The problem of reconciling respect for the human rights of prisoners with the administrative needs of the prison system and the deterrent function of prisons will be highlighted. The potential to limit prison expansion in the current political climate will also be considered.

Chapter

Cover The Criminal Process

2. Towards a framework for evaluating the criminal process  

This chapter advances a theoretical framework for evaluating criminal procedure, while keeping in mind the links between the different parts and aspects of the criminal justice system. A rights-based theory of the criminal process should have the twin goals of regulating the procedures for bringing suspected offenders to trial to produce accurate determinations, and ensuring that fundamental rights are protected in those processes. This approach should be adopted in England and Wales—both on principle and because it is implicit in international documents such as the European Convention on Human Rights that still plays a fundamental role in English law. Separate objectives for dispositive decisions are also proposed, including the decision to divert a person from the criminal process without trial.

Chapter

Cover Criminal Justice

10. Victims in the criminal justice process  

Matthew Hall

This chapter examines the position of crime victims within the criminal justice system of England and Wales. It begins with an introduction to the development of the victims' movement in the 1970s. The chapter then considers key issues such as the scope of ‘victimhood’; victim rights; the needs and expectations of victims within the criminal justice process; and the policy response to such issues. It concludes by posing critical questions of the present reform agenda.

Chapter

Cover Sentencing and Punishment

4. Utility and deterrence  

This chapter examines the utilitarian justification for punishment: an approach that focuses on the consequences or outcomes of sentencing and punishment. It discusses the origins of this approach in the work of Beccaria and Bentham, and its modern expression in the work of writers such as Wilson and Kennedy. Focusing on the specific outcome of deterrence, the chapter begins by reviewing its role in current sentencing practice and policy. It later considers whether punishment is effective in reducing offending, and reviews the available research and the problems that arise in establishing a deterrent effect. It also considers some of the difficulties with the utilitarian justification for punishment.

Chapter

Cover Sanders & Young's Criminal Justice

4. Detention in the police station  

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

Cover Sentencing and Punishment

1. Developing penal policy  

This chapter focuses on key questions in penal policy, including justice, risk management, and human rights. It also considers the principal factors which shape the development of penal policy. Notably, these are 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 to highlight significant trends and problems are discussed, including the impact of the pandemic. The chapter concludes by focusing on the management of sex offenders and providing a case study and discussion questions for further reflection on the issues.

Chapter

Cover Sentencing and Punishment

11. Court orders for young offenders  

This chapter first considers the range of civil orders available to the courts in responding to anti-social or criminal behavior by children and young people. It therefore focusses on the criminal behaviour orders and injunctions as well as the community remedy. It then looks at the options available to the sentencing court in relation to criminal offending and so refers in particular to the referral order and the Youth Offender Panel, the youth rehabilitation order and the detention and training order. We note the welcome fall in the number of children in prison but note the increase in the average custodial sentence length. The chapter also discusses selected aspects of conditions in secure accommodation and reviews the role and achievements of using rights in responding to problematic issues.

Chapter

Cover Sentencing and Punishment

12. Concluding remarks  

This chapter focuses on positive and negative developments in recent years. It welcomes the decline in the prison population and the increased focus on disproportionality. It also discusses those developments which can be viewed as negatives ones, particularly the continuing high imprisonment rate and the continued use of methods of restraining children and young people in custody. It focusses on the impact of Covid-19 on the courts, the prison population and the use of FPNs before discussing the arguments for abolition of the use of imprisonment or its reform. We then refer to the discourse of human rights—both its importance and the attacks on it, before referring to the re-emergence of problem-solving courts. Lastly the authors’ concerns as to ‘what needs to be done’ are considered.

Chapter

Cover Sentencing and Punishment

8. Justice in the modern prison  

In this chapter we focus on the treatment of adult prisoners, examining a number of aspects of prison life as well as considering the aims of imprisonment. Key developments since 1990 are considered, including the Woolf Report (Woolf and Tumin 1991), managerialism and privatisation, the implications of the Human Rights Act (HRA) 1998 and the impact of the pandemic, to assess whether the just treatment of prisoners has been achieved. While substantial improvements in prison regimes have been made since the early 1990s, there has also been considerable pressure on them from the expanding prison population. The problem of reconciling respect for the rights of prisoners with the administrative needs of the prison system and the deterrent function of prison is highlighted. The potential to reduce the prison population substantially in the current political climate is also discussed.

Chapter

Cover The Oxford Handbook of Criminology

36. Criminology, punishment, and the state in a globalized society  

Katja Franko

Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical, and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.

Chapter

Cover The Oxford Handbook of Criminology

9. Mental health, mental disabilities, and crime  

Ailbhe O’Loughlin and Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation, and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

Cover Sanders & Young's Criminal Justice

1. The aims and values of ‘criminal justice’  

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

Cover Sentencing and Punishment

1. Developing penal policy  

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

Cover The Oxford Handbook of Criminology

15. Criminology, punishment, and the state in a globalized society  

Katja Franko

Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.

Chapter

Cover The Oxford Handbook of Criminology

28. Mental health, mental disabilities, and crime  

Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.