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In Defence of Administrative Criminology Pat Mayhew*
Mayhew Crime Sci (2016) 5:7 DOI 10.1186/s40163-016-0055-8 THEORETICAL ARTICLE Open Access In defence of administrative criminology Pat Mayhew* Abstract Background: This paper is based on an address given as joint winner with Ronald V. Clarke of the 2015 Stockholm Prize in Criminology. This was awarded for some early studies we worked on together in the UK Home Office which were seen as important in re-focusing the task of preventing crime towards simply reducing opportunities for it. This approach became known as situational crime prevention. It had a hostile academic reception from academic crimi- nologists and earned the label of ‘administrative criminology’. Later, the same label was given to what was portrayed as narrow, unscholarly research done for government to serve their political agenda, in contrast to research with more range and theoretical thrust. Administrative criminology is a term most familiar in relation to UK research supported by its government; this is the paper’s context. Discussion: Administrative criminology deserves a much more positive appraisal than it has been given to date. First, government research activity through to the 1990s at least was self-generated (not imposed), was influential, and was often controversial. The research establishing situational crime prevention as a generally effective approach has with- stood criticism that it lacks intellectual weight and would not work. Second, administrative criminologists have been consistently brought to heel as regards ensuring that they communicate what they know effectively and clearly. Third, administrative criminology has arguably had more influence on policy than academic criminology, since its business is to address the concerns of government to which it is better placed to make its voice heard. -
Articles on Crimes Against Humanity
Draft articles on Prevention and Punishment of Crimes Against Humanity 2019 Adopted by the International Law Commission at its seventy-first session, in 2019, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/74/10). The report will appear in Yearbook of the International Law Commission, 2019, vol. II, Part Two. Copyright © United Nations 2019 Prevention and punishment of crimes against humanity … Mindful that throughout history millions of children, women and men have been victims of crimes that deeply shock the conscience of humanity, Recognizing that crimes against humanity threaten the peace, security and well- being of the world, Recalling the principles of international law embodied in the Charter of the United Nations, Recalling also that the prohibition of crimes against humanity is a peremptory norm of general international law (jus cogens), Affirming that crimes against humanity, which are among the most serious crimes of concern to the international community as a whole, must be prevented in conformity with international law, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, Considering the definition of crimes against humanity set forth in article 7 of the Rome Statute of the International Criminal Court, Recalling that it is the duty of every State to exercise its criminal jurisdiction with respect to crimes against humanity, Considering the rights of victims, witnesses and others in relation to crimes against humanity, as well as the right of alleged offenders to fair treatment, Considering also that, because crimes against humanity must not go unpunished, the effective prosecution of such crimes must be ensured by taking measures at the national level and by enhancing international cooperation, including with respect to extradition and mutual legal assistance, … Article 1 Scope The present draft articles apply to the prevention and punishment of crimes against humanity. -
Restorative Versus Retributive Justice Kathleen Daly Reviews the Discourse That Has Framed Restorative Justice As the Antidote to Punishment
Restorative versus Retributive Justice Kathleen Daly reviews the discourse that has framed restorative justice as the antidote to punishment. n 'Restorative justice: the real story' (Punishment and Advocates seem to assume that an ideal justice system should Society 2002), Kathleen Daly draws on her experience of be of one type only, that it should be pure and not contaminated / restorative justice conferencing and an extensive survey of by or mixed with others. [Even when calling for the need to academic literature to refute four myths that she says have "blend restorative, reparative, and transformative justice... with grown up around restorative justice. These are that: (1) the prosecution of paradigmatic violations of human rights", restorative justice is the opposite of retributive justice; (2) Drambl (2000:296) is unable to avoid using the term 'retributive' restorative justice uses indigenous justice practices and was to refer to responses that should be reserved for the few.] the dominant form ofpre-modern justice; (3) restorative justice Before demonstrating the problems with this position, I give a is a 'care' (or feminine) response to crime in comparison to a sympathetic reading of what I think advocates are trying to say. justice' (or masculine) response; and (4) restorative justice Mead's (1917-18) 'The Psychology of Punitive Justice' can be expected to produce major changes in people. She says contrasts two methods of responding to crime. One he termed that "simple oppositional dualisms are inadequate in depicting"the attitude of hostility toward the lawbreaker" (p. 227), which criminal justice, even in an ideal justice system", and argues "brings with it the attitudes of retribution, repression, and for a 'real story' which would serve the political future of exclusion" (pp. -
Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
Crime Decline in Context Richard Rosenfeld Contexts 2002 1: 25 DOI: 10.1525/Ctx.2002.1.1.25
Contexts http://ctx.sagepub.com/ Crime Decline in Context Richard Rosenfeld Contexts 2002 1: 25 DOI: 10.1525/ctx.2002.1.1.25 The online version of this article can be found at: http://ctx.sagepub.com/content/1/1/25 Published by: http://www.sagepublications.com On behalf of: American Sociological Association Additional services and information for Contexts can be found at: Email Alerts: http://ctx.sagepub.com/cgi/alerts Subscriptions: http://ctx.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Citations: http://ctx.sagepub.com/content/1/1/25.refs.html >> Version of Record - Feb 1, 2002 What is This? Downloaded from ctx.sagepub.com at UNIV WASHINGTON LIBRARIES on January 3, 2013 feature article richard rosenfeld crime decline in context Skyrocketing violent crime rates obsessed Americans for decades. Crime rates have now been dropping for 10 years. What has happened, and how can we learn from it? After rising to a peak in the early 1990s, crime rates in the The crime decline is real, not an artifact of changes in the United States have been falling for almost a decade. The turn- rate at which crimes are reported to or recorded by the police. around was sudden, unexpected, and years later remains It is significant, long, and deep enough to qualify as a trend something of a puzzle. Some observers attribute most of the and not just a short-run statistical anomaly. It is pervasive, cut- drop to tougher sentences and rising rates of imprisonment. ting across major offense categories and population groups. -
State of Recidivism: the Revolving Door of America's Prisons
State of Recidivism The Revolving Door of America’s Prisons PEW CENTER ON THE STATES PUBLIC SAFETY PERFORMANCE PROJECT APRIL 2011 APRIL 2011 The Pew Center on the States is a division of The Pew Charitable Trusts that identifies and advances effective solutions to critical issues facing states. Pew is a nonprofit organization that applies a rigorous, analytical approach to improve public policy, inform the public and stimulate civic life. PEW CENTER ON THE STATES Susan K. Urahn, managing director Public Safety Performance Project Brian Elderbroom, senior associate Adam Gelb, director Samantha Harvell, senior associate Jennifer Laudano, senior officer Jason Newman, senior associate Alexis Schuler, senior officer Robin Olsen, senior associate Courtney Dozier, officer Rolanda Rascoe, senior associate Jake Horowitz, project manager Corinne Mills, associate Richard Jerome, project manager Mary Tanner Noel, administrative assistant Ryan King, project manager Gita Ram, administrative assistant ACKNOWLEDGMENTS We thank the survey respondents from departments of corrections in all responding states, and our survey and data partners at the Association of State Correctional Administrators: George Camp and Camille Camp, co-executive directors; Patricia Hardyman, senior associate, Camelia Graham, statistician and Fred Levesque, consultant. We also greatly appreciate the contributions of Jenifer Warren, John Prevost of the Georgia State Board of Pardons and Paroles, James F. Austin of the JFA Institute, Michael Connelly of the Oklahoma Department of Corrections, Tony Fabelo of the Council of State Governments Justice Center and Howard Snyder of the Bureau of Justice Statistics. We also thank Pew colleagues Nancy Augustine, Michael Caudell-Feagan, Lynette Clemetson, Kil Huh, Jennifer Peltak, Evan Potler, Joan Riggs, Aidan Russell, Carla Uriona, Gaye Williams and Denise Wilson. -
Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna. -
Civil Rights Violations = Broken Windows: De Minimis Curet Lex
CIVIL RIGHTS VIOLATIONS = BROKEN WINDOWS: DE MINIMIS CURET LEX Anita Bernstein * Abstract Civil rights violations that appear relatively slight may warrant judicial redress despite their small size; some of them point up important principles. Leaving these violations unremedied may contribute to an ambient lawlessness that can foster bigger harms. A small infringement in this respect resembles the criminological construct of “broken windows,” which in its prescriptive form urges governments to view de minimis violations as harbingers of more disorder to come. Using broken windows to understand privately initiated civil rights claims honors a statutory mandate and helps to achieve progressive ends. This application is potentially better than the one that police impose on the street, which has raised concerns about both justice and efficacy. Rendered as a maxim, the precept that this Article commends is De minimis curet lex : The law ought to concern itself with some affronts that appear small. INTRODUCTION ................................................................................... 897 I. “B ROKEN WINDOWS ” AS METAPHOR AND REPARATIVE TECHNIQUE .................................................................................... 902 A. The Hypothesis ...................................................................... 902 1. Disorder (in Contradistinction to Crime)....................... 902 2. Order .............................................................................. 902 3. Order and Disorder as Transitions ................................ -
Youth Crime Drop Youth DECEMBER 2000 URBAN INSTITUTE Justice Policy Center
R E P O R T December 2000 URBAN INSTITUTE Justice Policy Center Jeffrey A. Butts research for safer communities Youth Crime Drop DECEMBER 2000 URBAN INSTITUTE Justice Policy Center Youth Crime Drop Summary Researchers debate why violent crime in the United States suddenly dropped in the 1990s, but one fact all researchers endorse is that the overall decline in violent crime probably had much to do with falling rates of youth crime. This brief report from the Justice Policy Center examines the recent crime drop and asks how much of the decrease seen between 1995 and 1999 can be attributed to juveniles (under age 18) and older youth (ages 18 to 24). Using the most recent data from the FBI’s Uniform Crime Reports, the analysis demonstrates that not only did America’s violent crime drop continue through 1999, falling youth crime accounted for most of the overall decline. The Author Jeffrey A. Butts (Ph.D., University of Michigan) is a senior research associate with the Urban Institute’s Justice Policy Center, where he is involved in research and evaluation projects on Published by policies and programs for youthful offenders, including federally funded evaluations of teen Justice Policy Center courts and juvenile drug courts. Prior to joining the Urban Institute in 1997, he was a senior URBAN INSTITUTE research associate at the National Center for Juvenile Justice. 2100 M Street, N.W. Washington, DC 20037 The Urban Institute Copyright Ó 2000 The Urban Institute is a nonprofit policy research organization established in Washington, D.C., in 1968. The Institute's goals are to sharpen thinking about society's problems and efforts to solve them, improve government decisions and their implementation, and increase citizens' Any opinions expressed are awareness about important public choices. -
A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory, and Order- Maintenance Policing New York Style
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1998 Reflecting on the Subject: A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory, and Order- Maintenance Policing New York Style Bernard E. Harcourt Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Bernard E. Harcourt, "Reflecting on the Subject: A Critique of the Social Influence Conception of Deterrence, the Broken Windows Theory, and Order-Maintenance Policing New York Style," 97 Michigan Law Review 291 (1998). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. REFLECTING ON THE SUBJECT: A CRITIQUE OF THE SOCIAL INFLUENCE CONCEPTION OF DETERRENCE, THE BROKEN WINDOWS THEORY, AND ORDER-MAINTENANCE POLICING NEW YORK STYLE Bernard E. Harcourt* TABLE OF CONTENTS INTRODUCTION ............................................ 292 I. ORDER-MAINTENANCE POLICING: A CRITICAL DESCRIPTION ....................................... 301 A. Background .................................... 301 B. The Broken Windows Essay ................... 302 C. The Social Influence Conception of D eterrence ..................................... 305 II. Ti LACK OF SOCIAL SCIENCE EVIDENCE ......... 308 A. Replicating Skogan's Study ..................... 309 B. The Sampson and Cohen Study ................ 329 C. New York City's Falling Crime Rates ........... 331 D. An Alternative Mechanism of Order- Maintenance Policing: Enhanced Surveillance.. 339 III. THE CATEGORIES UNDERLYING ORDER- MAINTENANCE POLICING .......................... 343 A. Who Are the Disorderly? ...................... 343 B. Tracing the Problem Back to Social Theory .... 347 C. Emile Durkheim on Legitimation and Legal Regulation .................................... -
A Study of Militarization and Use of Force
LIVING IN OCCUPIED TERRITORY: A STUDY OF MILITARIZATION AND USE OF FORCE Cori Pryor A Thesis Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS May 2020 Committee: Thomas Mowen, Advisor Steve Demuth Danielle Kuhl ii ABSTRACT Thomas Mowen, Advisor Police militarization is happening on a widespread scale across the United States. However, very little is known about its relationship with use of force. At the same time, there has been a growing focus on community policing. Given the concurrent establishment of both of these trends, it is problematic that we do not know how these two tactics interplay with one another, especially in regard to use of force. Additionally, though force is thought to be a mechanism of social control that is unequally distributed in nonwhite communities, studies examining the link between militarization and use of force have yet to include race/ethnicity into their analysis. This paper attempts to address this important gap in the literature by examining the relationship between militarization and use of force through the lens of minority threat theory. I use data from Law Enforcement Management and Statistics 2013, American Community Survey 2009, and Uniform Crime Reports 2013, as well as item response theory and multivariate regression techniques to study this relationship. Results show that militarization is positive and significantly related to the number of use of force incidents recorded by an agency. Additionally, community policing shares a positive and significant relationship with use of force. However, neither racial demographics nor community policing moderate the relationship between militarization and use of force. -
The Evolving Strategy of Policing
U.S. nt of Justice Office ui .-:itlice Programs National Institute ofJustice November 1988 No. 4 A publication of the National Institute of Justice,U.S. Department of Justice, and the Program in Criminal Justice Policy and Management, John F. Kennedy School of Government, Harvard University The Evolving Strategy of Policing By George L. Kelling and Mark H. Moore Policing, like all professions, learns from experience. This is one in a series of reports originally developed with It follows, then, that as modem police executives search some of the leading figuresin American policing during their for more effective strategies of policing, they will be guided periodic meetings at Harvard University's John F. Kennedy by the lessons of police history. The difficulty is that police School of Government. The reports are published so that history is incoherent, its lessons hard to read. After all, Americans interested in the improvement and the future of that history was produced by thousands of local departments policing can share in the information and perspectives that were part of extensivedebates at the School's Executive pursuing their own visions and responding to local condi- Session on Policing. tions. Although that varied experience is potentially a rich source of lessons, departments have left few records that The police chiefs, mayors, scholars,and others invited to the reveal the trends shaping modem policing. Interpretation meetings have focused on the use and promise of such strategies as community-based and problem-oriented policing. is necessary. The testing and adoption of these strategies by some police agencies signalimportant changes in the way American policing now does business.