scholarly journals Putting a face on the dark figure: Describing victims who don’t report crime

Temida ◽  
2014 ◽  
Vol 17 (4) ◽  
pp. 3-18 ◽  
Author(s):  
Stephanie Fohring

Since the inception of large scale victimisation surveys a considerable amount of research has been conducted investigating the so called ?dark figure? of unreported crime. Although this figure has consistently hovered around 60% of all victims, recent research reveals little about those who choose not to pursue formal avenues of justice. This article thus seeks to open a dialogue which focuses on the actual people behind the dark figure. It uses examples from the Scottish Crime and Justice Survey to describe these individuals and to explore explanations for their non-reporting. It highlights the importance of deprivation and vulnerability with regards to reporting crime but also the initial risk of victimisation. It concludes by arguing that the lack of focus on victims who don?t report leaves them vulnerable and invisible to the eyes of policy makers and the criminal justice system.

1990 ◽  
Vol 5 (2) ◽  
pp. 127-140 ◽  
Author(s):  
Alan T. Harland ◽  
Cathryn J. Rosen

Restitution is unique among criminal justice policies by virtue of the widespread support it has attained from many diverse constituencies. Restitution has received such universal praise as a panacea for victims of crime that in recent years a number of American jurisdictions have adopted legislation that creates a presumptive norm that restitution be awarded in appropriate cases. Despite popular support for its increased use and enactment of enabling legislation, restitution continues to be underutilized in actual case dispositions. The authors suggest that the underuse problem will not be cured and the powerful potential that restitution holds as a criminal justice sanction will not be realized until a consensus regarding the definition of restitution is achieved, significant gaps in the technical data about how restitution is effectuated are closed, and practical impediments to awarding and collecting restitution are dissolved. These goals, in turn, cannot be met until policy makers confront and begin to resolve the inherent conflicts posed when a restorative sanction, such as restitution, is pursued in a criminal justice system that is primarily punitive in nature.


Author(s):  
Kezanne Tong ◽  
Damian Smith ◽  
Christopher Mohan ◽  
Philip Hickey ◽  
Enda Taylor ◽  
...  

Objectives: There has been a notable increase in requests for psychiatric reports from District Courts for persons remanded to Ireland’s main remand prison, Cloverhill. We aimed to identify if reports were prepared for persons with severe mental illness and if they led to therapeutic benefits such as diversion to healthcare. Measures of equitability between Cloverhill and other District Courts were explored. Methods: For District Court-requested reports completed by the Prison Inreach and Court Liaison Service (PICLS) at Cloverhill Prison from 2015 to 2017, we recorded clinical variables and therapeutic outcomes such as diversion to inpatient psychiatric settings. Results: Of 236 cases, over half were diverted to inpatient or outpatient psychiatric care. One-third of remand episodes were admitted to a psychiatric hospital, mainly in non-forensic settings. Nearly two-thirds had major mental illness, mainly schizophrenia and related conditions. Almost half had active psychosis. Cases in Cloverhill District Court and other District Courts were similarly likely to have active psychosis (47% overall) and hospital admission (33% overall). Voluntary reports were more likely to identify active psychosis, with over 90% diverted to inpatient or outpatient community treatment settings. Conclusions: This is the first large scale study of diversion outcomes following requests for psychiatric advice from District Courts in Ireland. Requests were mainly appropriate. Over half led to diversion from the criminal justice system to healthcare settings. There is a need for a complementary network of diversion initiatives at every stage of the criminal justice system to effectively divert mentally ill individuals to appropriate settings at the earliest possible stage.


2015 ◽  
Vol 1 (3) ◽  
pp. 159-174 ◽  
Author(s):  
Mark Button ◽  
Alison Wakefield ◽  
Graham Brooks ◽  
Chris Lewis ◽  
David Shepherd

Purpose – The purpose of this paper is to illustrate the ways in which contemporary organisations are imposing their own private sanctions on fraudsters. Design/methodology/approach – The research draws on primary data from interviews with counter fraud practitioners in the UK, secondary sources and case examples. Findings – Such developments have been stimulated, at least in part, by the broader limitations of the criminal justice system and in particular a “fraud bottleneck”. Alongside criminal sanctions, many examples are provided of organisations employing private prosecutions innovative forms of civil sanction and “pseudo state” sanctions, most commonly civil penalties comparable to fines. Research limitations/implications – Such changes could mark the beginning of the “rebirth of private prosecution” and the further expansion of private punishment. Growing private involvement in state sanctions and the development of private sanctions represents a risk to traditional guarantees of justice. There are differences in which comparable frauds are dealt with by corporate bodies and thus considerable inconsistency in sanctions imposed. In contrast with criminal justice measures, there is no rehabilitative element to private sanctions. More research is needed to assess the extent of such measures, and establish what is happening, the wider social implications, and whether greater state regulation is needed. Practical implications – Private sanctions for fraud are likely to continue to grow, as organisations pursue their own measures rather than relying on increasingly over-stretched criminal justice systems. Their emergence, extent and implications are not fully understood by researchers and therefore need much more research, consideration and debate. These private measures need to be more actively recognised by criminal justice policy-makers and analysts alongside the already substantial formal involvement of the private sector in punishment through prisons, electronic tagging and probation, for example. Such measures lack the checks and balances, and greater degree of consistency as laid out in sentencing guidelines, of the criminal justice system. In light of this, consideration needs to be given to greater state regulation of private sanctions for fraud. More also needs to be done to help fraudsters suffering problems such as debt or addiction to rebuild their lives. There is a strong case for measures beyond the criminal justice system to support such fraudsters to be created and publicly promoted. Originality/value – The findings are of relevance to criminal justice policy-makers, academics and counter fraud practitioners in the public and private sectors.


2020 ◽  
Author(s):  
Gabriela Kirk

Abstract Electronic home monitoring (EHM), also known as house arrest, is often described by policy makers as a less punitive, more humane alternative to incarceration. However, studies on its use have found it is often not used as an alternative, but rather as an increase in the level of supervision for individuals in the criminal justice system. This fact calls into question whether the language of alternatives and direct comparisons to incarceration obscures our understanding of both the sanction and how individuals experience it. Although previous studies of the experience of EHM have concluded that individuals do not find the sanction overly burdensome, this article articulates the importance of considering 1) how respondents frame their experience on EHM in comparison to incarceration and 2) how they draw on expectations surrounding their legal alternatives. Using 30 interviews with individuals who have been on EHM in Chicago, Illinois, I argue that the pervasiveness of the prison distorts expectations of the legal process and causes respondents to minimize the hardships they detail. Both the existing framing of studies on EHM and the ways in which individuals experience it demonstrate the hegemony of carceral logics in an era of mass incarceration.


Criminology ◽  
2019 ◽  
Author(s):  
Brianna Remster

There is considerable overlap between the homeless and correctional populations in the United States. Individuals with a history of criminal justice contact are overrepresented among the homeless and those who have recently been homeless are disproportionately concentrated among correctional populations. Such overlap is in part due to shared risk factors. Poor, low skill, men of color, and individuals with mental illness and substance abuse and dependency issues are concentrated among the homeless and incarcerated. Said marginalized persons end up in correctional facilities, shelters, and the streets primarily because of two large-scale American policies: (1) the criminalization of homelessness and (2) mass incarceration and its detrimental consequences. Concerning the former, homeless individuals typically enter the criminal justice system for minor offenses that are often the direct result of being homeless (e.g., public disorder or petty theft). Yet because they are often unable to afford an attorney or bail and have no place to go if released, homeless individuals frequently remain in jail longer than individuals with stable housing, and over time they accrue lengthy criminal histories. Notably, such practices are not new; homelessness has long been criminalized. For instance, in colonial America, the homeless were sent to poor houses, which in many cases resembled modern prisons. Today, an emerging literature suggests that mass incarceration may contribute to homelessness. Indeed, the time trends overlap: contemporary homelessness grew in tandem with incarceration, beginning in the early 1980s. Over 641,000 individuals exit prison annually, of which a portion become homeless. Obtaining stable housing is not only indicative of successful reintegration, but other forms of reintegration such as employment are often dependent on having stable housing. Furthermore, homelessness is associated with recidivism. Reintegration challenges combined with the consequences of incarceration and the concentration of standard correlates of homelessness in this population help explain why individuals leaving prison are at an elevated risk. The data challenges for studying homeless and justice-involved populations are considerable. Without a permanent address, these highly mobile individuals are missing from many traditional forms of data used by social scientists such as household surveys. As a result, much of the work on this topic is theoretical in nature. Empirical assessments rely heavily on administrative data, such as correctional and emergency shelter records, and ethnographic work. Overall, much work remains to be done to understand the pathways between homelessness and the criminal justice system. Nonetheless, homelessness is a form of severe social exclusion and when combined with the stigma of incarceration, individuals may be doubly disadvantaged. Indeed, individuals with a history of prison or jail spells are among the most disadvantaged homeless, experiencing lengthy and/or repeated homelessness. However, the overlap between homelessness and the criminal justice system can be effectively reduced. Indeed, access to affordable housing saves taxpayer money while maintaining public safety.


2017 ◽  
Vol 16 (3) ◽  
pp. 92-101 ◽  
Author(s):  
Katy Swaine Williams

Purpose The purpose of this paper is to describe the current policy context for work aimed at reducing the criminalisation of looked after children in England and Wales, and to consider the potential that now exists for a sustained reduction in the numbers and proportion of looked after children and young people becoming unnecessarily criminalised. Design/methodology/approach The author of this paper worked on the Prison Reform Trust’s independent review of looked after children in the criminal justice system, “In Care, Out of Trouble”, chaired by Lord Laming. The paper describes the context for the review and outlines its findings alongside those of concurrent government-commissioned reviews, detailing the government response. The paper describes the action now being taken to reduce the criminalisation of looked after children and argues that, while the UK and Welsh governments appear willing to lead in pursuing reforms, continued pressure will be needed to ensure that this translates into sustained change. Findings The paper notes that looked after children and young people remain significantly over represented in the criminal justice system despite a number of studies and statutory guidance aimed at preventing this. This is being successfully tackled in places where children’s social care services are working closely with criminal justice agencies, with common goals. The paper reports on the responses from the Welsh and UK governments and lead agencies to Lord Laming’s review and concurrent government-commissioned reviews, which confirm their willingness to show national leadership in raising expectations for effective local joint working. Practical implications The paper offers an insight into the current policy context for protecting looked after children and young people from unnecessary criminalisation and sets out the commitments that have been made by the UK and Welsh governments and national agencies to take action to this end. It notes the need for ongoing outside pressure to ensure these commitments translate into action. Social implications This paper aims to support policy makers and practitioners in pursuing improvements in practice to protect looked after children from unnecessary criminalisation. As such, it is hoped that it may play a part in improving the life chances of looked after children and young people who might otherwise face the damaging consequences of involvement in the criminal justice system. Originality/value Lord Laming’s review was a timely, independent examination of the unnecessary criminalisation of looked after children. There is now a renewed focus in key government departments and agencies on the need to protect looked after children and young people from unnecessary criminalisation, including through the development of a concordat. Success will require ongoing dialogue with independent bodies, and a stronger focus by the relevant inspectorates. This paper summarises the context and findings of the review and subsequent policy developments, and may be useful for policy makers, practitioners in children’s social care and youth justice, and the police.


Contexts ◽  
2021 ◽  
Vol 20 (4) ◽  
pp. 74-75
Author(s):  
Matthew Valasik ◽  
Shannon E. Reid

The uneven response by law enforcement has resulted in the overall under-policing of far-right groups. Policy makers and the broader criminal justice system need consider proactive approaches if the goal is to prevent violence from far-right groups. A straightforward and appropriate approach is to treat far-right groups as street gangs. Existing gang statutes are a proven tool is aggressively used on BIPOC gangs and should be equally applied to far-right groups. Law enforcement’s continued dismissiveness of far-right groups only increases them as being the most "persistent and lethal threat" in the United States for the foreseeable future.


2015 ◽  
Vol 5 (1) ◽  
pp. 203
Author(s):  
MSc. Arben Lubach

Prisons are probably the most debatable institutions within the Criminal Justice System in any given country and as such demand contemporary explanation and understanding. Despite the fact that prisons affect the life of many people, not only of those incarcerated but also of their families and friends, nevertheless they do not receive the necessary attention; instead they remain the most enigmatic and less interesting organizations amongst the Criminal Justice System in general.This paper, by using a literature review approach, looks into some of the most important debates, similarities and differences respectively, about prisons in England and Wales, and Kosovo. Whilst most of the problems both countries face are of similar nature, Kosovo nevertheless faces some additional problems which are not visible in the England and Wales prisons. The paper further examines the causes of these problems in the Kosovo prisons and the involvement of the international community and their efforts in assisting Kosovo in fixing the problems in the field of corrections as part of the Kosovo state-building process.The paper will show that both countries face difficulties with similar problem areas such as overcrowding, running costs, and so on. However, compared to England and Wales, the problems Kosovo prison system is facing are of a more serious and complicated nature which require serious involvement of the Kosovo government and policy makers as well as the international community which has been present in Kosovo since 1999.


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