The Modern Psychiatric Approach to Crime

1939 ◽  
Vol 85 (357) ◽  
pp. 649-666 ◽  
Author(s):  
W. Norwood East
Keyword(s):  
Criminal Justice ◽  
Psychological Treatment ◽  
Adolescent Offenders ◽  
Present Position ◽  
Home Office ◽  
Secretary Of State ◽  
Explanatory Memorandum ◽  
General Object

The general object of the Criminal Justice Bill, now before Parliament, as set out in the explanatory Memorandum, is to improve the methods of dealing with persons found guilty of offences, including adolescent offenders and persons who commit repeated offences. It so happens that the Home Office has recently issued, as a Stationery Office publication, a Report on the Psychological Treatment of Crime which was made to the Secretary of State by Dr. Hubert and myself. The present position of psychiatry in relation to crime, therefore, seemed a fitting subject to discuss at this Conference.

A New System Takes Shape

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Critical Appraisal ◽  
Planning Process ◽  
Decision Makers ◽  
Transitional Period ◽  
Green Paper ◽  
Home Office ◽  
Legal Effect ◽  
Parole System

The chapter examines the legislative planning process that gradually refined the early release framework eventually given legal effect by Part Two of the Criminal Justice Act 1991. The chapter begins with a review of the post-election planning process that gathered pace following the 1987 General Election. It examines the Home Office strategic awayday held at Leeds Castle in September 1987 and goes on to consider the Green Paper, Punishment, Custody and the Community and an unprecedented conference at Ditchley Park which brought together senior decision-makers from across the criminal justice system. The chapter then examines the passage of the Criminal Justice Bill 1990/91 and reflects upon the dramatic backlash against the new parole system in the mid-1990s. The chapter concludes with a critical appraisal of the underlying tensions that defined the development of criminal justice during this transitional period.

The Politics of Inertia

2018 ◽  
Author(s):  
Thomas C. Guiney
Keyword(s):  
Criminal Justice ◽  
Policy Options ◽  
Home Office ◽  
England And Wales ◽  
Early Release ◽  
Short Sentence ◽  
Policy Debates ◽  
The Face

The chapter explores the ever more complex policy debates that surrounded the efforts to extend a system of early release to short sentence prisoners. It begins with an overview of the main candidates for reform and the strengths and weaknesses of these policy options. It explores the Home Office Review of Parole in England and Wales and considers why these recommendations were so quickly abandoned in the face of political and judicial pressure. It then goes on to examine the passage of the Criminal Justice Act 1982, a significant piece of legislation which resulted in wide-ranging reform of parole in England and Wales. The chapter concludes with a number of reflections upon the policy inertia of the early 1980s and what that reveals about the changing aims and techniques of criminal justice at this time.

Commentary

2014 ◽  
Author(s):  
David Downes
Keyword(s):  
Criminal Justice ◽  
Time Lag ◽  
Crime Rates ◽  
New Labour ◽  
Home Office ◽  
Breathing Space ◽  
Electoral Defeat ◽  
The Government ◽  
Liberal Approach

The problems posed by the time-lag of a Thatcherite response to crime are well conveyed by Farrall and Jennings. Neo-liberal policies fuelled, and neo-conservative rhetoric narrowed the blame for steadily, then steeply, rising crime rates throughout the 1980s. But actual criminal justice policies were on balance a liberal-minded pursuit of community rather than penal measures by Home Secretaries, especially Douglas Hurd, who were left alone to ‘get on with it’. More emphasis is needed on the extent to which Labour’s disarray allowed the breathing space for decarcerationist policies to be developed by Home Office custodians of a liberal approach, along with Labour berating the government, not for being ‘soft on crime’, but for not pursuing penal moderation more vigorously. Following Labour’s fourth successive electoral defeat, in 1992, the Thatcherite U-turn towards more punitive policies was, if anything, sparked by Tony Blair’s Clintonesque rebranding of ‘New’ Labour as ‘tough on crime’.

24. Criminal justice institutions

2021 ◽  
pp. 719-741
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Central Government ◽  
Separation Of Powers ◽  
Considerable Influence ◽  
Home Office ◽  
Governmental Agency ◽  
Independent Judiciary ◽  
The Government

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.

Appraisal and Review

2020 ◽  
pp. 255-276
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Criminal Justice ◽  
Separation Of Powers ◽  
Common Law ◽  
Executive Power ◽  
Late Nineteenth Century ◽  
Home Office ◽  
Final Destination ◽  
The Common ◽  
Future Direction

The concluding Chapter scrutinises the validity and relevance of the book’s hitherto unseen archival files, from which its account stems. In pulling together its main themes concerning the role of civil servants, the Executive and the Judiciary in administering criminal justice, it retraces the trajectory of suspects’ rights in the late nineteenth century, from their seemingly ‘bedrock’ foundation within the common law to their rough distillation (at home and abroad) through various iterations of Judges’ ‘Rules’, themselves of dubious pedigree. In documenting this journey, this Chapter underscores how Senior Judges, confronted by Executive power impinging upon the future direction of system protections, enfeebled themselves, allowing ‘police interests’ to prevail. With Parliament kept in the dark as to the ongoing subterfuge; and the integrity of the Home Office, as an institution, long dissolved, ‘Executive interests’ took the reins of a system within which much mileage for ‘culture change’ lay ahead. This Chapter helps chart their final destination; ultimately, one where new Rules (the CrimPR) replace those exposed as failures, leading to governmental success of a distinct kind: traditional understandings of ‘rights’ belonging to suspects and defendants subverted into ‘obligations’ owing to the Court and an adversarial process underpinning determinations of guilt long-disbanded in the quest for so-called ‘efficiency’. In explaining the implications of the events discussed in this book for the issue of ‘Judicial Independence’ and the ‘Separation of Powers’, this Chapter offers a theoretical framework that illuminates the role and practices of the Senior Judiciary in criminal justice policy today.

4. Shaping the legal system: the role of government

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Legal System ◽  
Central Government ◽  
Criminal Justice Policy ◽  
Home Office ◽  
Role Of Government ◽  
System P

This chapter considers the principal government departments that have been shaping and will continue to shape the English legal system. The leading department is the Ministry of Justice which is responsible for running and developing the courts and tribunals system. The chapter provides an overview of its functions. The Home Office is responsible for many aspects of criminal justice policy. Mention is also made of the Department for Business Energy and Industrial Strategy, and other central government departments whose work impacts on the legal system.

Compensating the Wrongfully Convicted

2003 ◽  
Vol 67 (3) ◽  
pp. 220-236 ◽  
Author(s):  
Nick Taylor
Keyword(s):  
Criminal Justice ◽  
Holistic Approach ◽  
Case Law ◽  
National Association ◽  
Recent Case ◽  
Home Office

This article outlines the two schemes currently in operation for compensating victims of miscarriages of justice, namely the statutory scheme under the Criminal Justice Act 1988, s. 133, and the ex gratia scheme operated by the Home Office. It outlines and evaluates the operation of the schemes and considers the effect of recent case law. Finally, it considers the inability of a purely monetary scheme to provide meaningful compensation and considers how a recent Home Office initiative with the National Association of Citizens Advice Bureaux might produce a more holistic approach to compensation.

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