Books by Jane Donoghue
Why is punishment not more effective? Why do we have such high re-offending rates? How can we add... more Why is punishment not more effective? Why do we have such high re-offending rates? How can we address the problem of courts seeing the same offenders time and time again? How can we deal with crime and criminals more cost effectively? These are some of the questions that are commonly asked about the day to day workings and outcomes of the criminal justice system. In recent years, the notion of problem-solving justice has emerged as a response to these concerns.
Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour and social disorder through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialization, problem-solving and specialist courts including domestic violence courts, drugs courts, community courts, and mental health courts have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely.
These developments raise fundamental and deeply contentious questions about the conceptualization and delivery of ‘justice’. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialization and problem-solving justice and considers how we theorize problem-solving alongside notions of community justice, sentencing and punishment. It identifies the political dimensions and recurrent inadequacies in law and public policy in this area and examines the prospects for problem-solving justice and court specialization in an age of austerity. Can a problem-solving approach transform the way we think about punishment, the role of the courts and criminal justice itself?
Although anti-social behaviour orders (ASBOs) are a relatively recent development in criminal jus... more Although anti-social behaviour orders (ASBOs) are a relatively recent development in criminal justice policy in Britain, they have nonetheless been an extremely topical area of law and policy for some years. Despite considerable public support for the creation and use of ASBOs, much of the academic literature characterises the use of ASBOs as indicative of an increasingly authoritarian political and social agenda embodying marginalisation and social control.
Rather than presenting a wholly critical perspective on anti-social behaviour policy as borne out of politically opportunistic and reactionary motivations, this book argues that the creation of the ASBO, and latterly the introduction of the New Labour administration's 'Respect Agenda', in fact represent a socially progressive attempt to address the pernicious and debilitating effects of anti-social behaviour which are most often felt by those with the least opportunity to escape it. The introduction of ASBOs can be characterised not necessarily as part of a 'culture of control' but as part of a shift towards a culture petitioning civic reciprocity.
Papers by Jane Donoghue
Modern Law Review, Nov 1, 2014
The role of lay magistrates in England and Wales has been progressively undermined by protracted ... more The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform,
taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they
are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs
of court closures are irreconcilable with the future viability of a lay magistracy.
British Journal of Community Justice
Since 1997, successive governments have undertaken fundamental reforms to the criminal justice sy... more Since 1997, successive governments have undertaken fundamental reforms to the criminal justice system in England and Wales. Many of the policy reforms enacted during this period have had principles of managerialism and marketisation of criminal justice services at their core, which have at times appeared counter-intuitive to parallel objectives which emphasise 'localism' and efforts to promote community justice. This article identifies the core concepts of local and community justice and examines their inter-relationship and (ir)reconcilability with competing trends of managerialism and marketisation since the election of the Labour Government in 1997. The prospects for local and community justice since the election of the Coalition government in 2010 are considered. The article concludes by arguing that the justice marketisation trend, of which Transforming Rehabilitation (MoJ, 2013b) is a prime example, is the continuation of a specific operating model, of which advocates of local justice should undoubtedly be skeptical.
British Journal of Criminology, May 2013
This article theorizes the adoption of risk assessment practices to inform criminal justice respo... more This article theorizes the adoption of risk assessment practices to inform criminal justice responses to ‘vulnerable’ and repeat victims of anti-social behaviour. Evidence suggests that some police forces have become highly risk-averse which has had consequences for the way in which minor incivilities have come to be viewed as perpetually requiring a formal police response. However, the development of victim risk assessment has also been very effective in enabling agencies to determine ‘high-risk’ victims with clarity and speed. It is argued that, rather than viewing risk in hegemonic terms, more attention ought to be given to conceptualizing risk in terms of the new opportunities it presents not simply for refining and improving the delivery of services, but also for the ways in which risk enables victims to develop new parameters of victimhood, and to subvert the traditional dominance of politics/policy in acting as primary definers on understanding(s) and accepted knowledge(s) of victimization and vulnerability.
A problem-solving approach to anti-social behaviour (ASB) cases has recently been embedded into m... more A problem-solving approach to anti-social behaviour (ASB) cases has recently been embedded into magistrates’ courts in England and Wales. This approach incorporates core components of the Anti-Social Behaviour Response Court (ASBRC) model and is underpinned by principles of community justice. This article summarizes some of the main findings of an 18-month ESRC-funded study that investigated how far the ASBRC model has been absorbed into mainstream courts in England and Wales. This research suggests that courts have not embedded community justice principles, nor have they altered their focus to incorporate a significant degree of liaison with the community. The article concludes with some observations on the implications of the findings for the development and enhancement of community engagement and community justice principles.
International Journal of Law, Crime and Justice, Jan 1, 2009
Rejecting the concept of law as subservient to social pathology, the principle aim of this articl... more Rejecting the concept of law as subservient to social pathology, the principle aim of this article is to locate law as a critical matter of social structure e and power e which requires to be considered as a central element in the construction of society and social institutions. As such, this article contends that wider jurisprudential notions such as legal procedure and procedural justice, and juridical power and discretion are cogent, robust normative social concerns (as much as they are legal concerns) that positively require consideration and representation in the empirical study of sociological phenomena. Reflecting upon scholarship and research evidence on legal procedure and decision-making, the article attempts to elucidate the inter-relationship between power, 'the social', and the operation of law. It concludes that law is not 'socially marginal' but socially, totally central.
The Modern Law Review, Jan 1, 2011
This article considers the development and use of the law regulating the prosecution of parents u... more This article considers the development and use of the law regulating the prosecution of parents under section 444 of the Education Act1996, in the broader context of legislation and policy initiatives concerned with the governance of parental responsibility. It explores the ways in which the power to prosecute parents has been used by local educational authorities (LEAs) and interpreted by the courts. The article critically analyses the manner in which the powers emphasise punishment and retribution in the context of the social moralisation of ‘flawed’ parents; pay insuffcient regard to the effects of parental responsibility laws on low-income, single parent families; represent an attempt to impose a simple solution on to a complex socio-economic problem; and amplify the scope for mothers to be made the subject of criminal justice interventions. It is argued that the prosecution of parents imposes an unfair burden on mothers and, in particular, single parent mothers.
The Howard Journal of Criminal Justice, Jan 1, 2007
It has been argued that the introduction of anti-social behaviour orders (ASBOs) has created a 'n... more It has been argued that the introduction of anti-social behaviour orders (ASBOs) has created a 'new domain of professional power and knowledge' (Brown 2004, p.203). That is, local authorities have become 'the main agency of [social] control' (Brown 2004, p.205). Alternatively, this article considers the effects of subjective legislative terminology, pivotal jurisprudential decisions, the courts' protection of individual liberties versus the public interest, and the relevance of an overburdened summary criminal justice system, and attempts to locate the position of the judiciary within ASBO cases, not as a supportive or subordinate one, but in fact as a component of elementary importance.
Sociology, Jan 1, 2008
This article proposes a (re)consideration of antisocial behaviour control informed by an analysis... more This article proposes a (re)consideration of antisocial behaviour control informed by an analysis of the seminal work of sociologists of 'reflexive modernity' . It is hoped that the arguments advanced within this article will prompt further consideration of the following questions:What does the relative neglect of the reflexive modernity thesis tell us about the domain conjecture(s) of sociological theory on antisocial behaviour policy and the use of ASBOs? And can a focus upon reflexive modernity theory help to construct a more proportionate account of ASBOs as a form of social control? Hence, it is the purpose of this article to consider critically the implications of Beck's 'risk society' to our understandings and explanations of antisocial behaviour, ASBOs and social control, by linking the late modern (re)formatting of antisocial behaviour(s) and the creation of ASBOs to the new parameters of the 'risk society'.
Conference Presentations by Jane Donoghue
Since 2003 the number of out-of-court disposals administered each year increased by 135% from 2... more Since 2003 the number of out-of-court disposals administered each year increased by 135% from 241,000 in 2003 to 567,000 in 2008, peaking in 2007 at 626,000. Official stats show drop of 42% in last 5 years Convenience of avoiding court process = more likely to admit guilt when innocent?
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Books by Jane Donoghue
Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour and social disorder through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialization, problem-solving and specialist courts including domestic violence courts, drugs courts, community courts, and mental health courts have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely.
These developments raise fundamental and deeply contentious questions about the conceptualization and delivery of ‘justice’. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialization and problem-solving justice and considers how we theorize problem-solving alongside notions of community justice, sentencing and punishment. It identifies the political dimensions and recurrent inadequacies in law and public policy in this area and examines the prospects for problem-solving justice and court specialization in an age of austerity. Can a problem-solving approach transform the way we think about punishment, the role of the courts and criminal justice itself?
Rather than presenting a wholly critical perspective on anti-social behaviour policy as borne out of politically opportunistic and reactionary motivations, this book argues that the creation of the ASBO, and latterly the introduction of the New Labour administration's 'Respect Agenda', in fact represent a socially progressive attempt to address the pernicious and debilitating effects of anti-social behaviour which are most often felt by those with the least opportunity to escape it. The introduction of ASBOs can be characterised not necessarily as part of a 'culture of control' but as part of a shift towards a culture petitioning civic reciprocity.
Papers by Jane Donoghue
taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they
are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs
of court closures are irreconcilable with the future viability of a lay magistracy.
Conference Presentations by Jane Donoghue
Over the last decade in particular, the United Kingdom, in common with other jurisdictions such as Canada, the United States (US) and Australia, has sought to develop more effective ways of responding to criminal behaviour and social disorder through court reforms designed to address specific manifestations of crime. Strongly influenced by developments in US court specialization, problem-solving and specialist courts including domestic violence courts, drugs courts, community courts, and mental health courts have proliferated in Britain over the last few years. These courts operate at the intersection of criminal law and social policy and appear to challenge much of the traditional model of court practice. In addition, policy makers and practitioners have made significant attempts to try to embed problem-solving approaches into the criminal justice system more widely.
These developments raise fundamental and deeply contentious questions about the conceptualization and delivery of ‘justice’. Through examination of original data gathered from detailed interviews with judges, magistrates and other key criminal justice professionals in England and Wales, as well as analysis of legislative and policy interventions, this book discusses the impact of the creation and development of court specialization and problem-solving justice and considers how we theorize problem-solving alongside notions of community justice, sentencing and punishment. It identifies the political dimensions and recurrent inadequacies in law and public policy in this area and examines the prospects for problem-solving justice and court specialization in an age of austerity. Can a problem-solving approach transform the way we think about punishment, the role of the courts and criminal justice itself?
Rather than presenting a wholly critical perspective on anti-social behaviour policy as borne out of politically opportunistic and reactionary motivations, this book argues that the creation of the ASBO, and latterly the introduction of the New Labour administration's 'Respect Agenda', in fact represent a socially progressive attempt to address the pernicious and debilitating effects of anti-social behaviour which are most often felt by those with the least opportunity to escape it. The introduction of ASBOs can be characterised not necessarily as part of a 'culture of control' but as part of a shift towards a culture petitioning civic reciprocity.
taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they
are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs
of court closures are irreconcilable with the future viability of a lay magistracy.