Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0010
- Subject:
- Political Science, Political Theory
The problem of enforcement error arises when using power to achieve compliance with justice and the rule of law increases the costs imposed by erroneous judgements on the innocent. Because the use of ...
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The problem of enforcement error arises when using power to achieve compliance with justice and the rule of law increases the costs imposed by erroneous judgements on the innocent. Because the use of power imposes costs on the innocent, and rights legitimate the use of power, we need to limit the number and kind of rights we recognize to those which address pervasive social problems that cannot be dealt with adequately by any other means. So too, the use of force to prevent previous offenders from committing further crimes should be limited to those who have demonstrated by their past criminality or other conduct, their intention to violate rights in the future. This showing should be subjected to a standard of proof beyond a reasonable doubt.Less
The problem of enforcement error arises when using power to achieve compliance with justice and the rule of law increases the costs imposed by erroneous judgements on the innocent. Because the use of power imposes costs on the innocent, and rights legitimate the use of power, we need to limit the number and kind of rights we recognize to those which address pervasive social problems that cannot be dealt with adequately by any other means. So too, the use of force to prevent previous offenders from committing further crimes should be limited to those who have demonstrated by their past criminality or other conduct, their intention to violate rights in the future. This showing should be subjected to a standard of proof beyond a reasonable doubt.
Maggie Blyth, Chris Wright, and Robert Newman (eds)
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9781847422613
- eISBN:
- 9781447301752
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781847422613.001.0001
- Subject:
- Social Work, Crime and Justice
Over the last decade, the reformed youth justice system has seen increases in the numbers of children and young people in custody, a sharp rise in indeterminate sentences and the continuing deaths of ...
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Over the last decade, the reformed youth justice system has seen increases in the numbers of children and young people in custody, a sharp rise in indeterminate sentences and the continuing deaths of young prisoners. The largest proportion of funding in youth justice at the national level is spent on providing places for children and young people remanded and sentenced to custody. The publication of the Youth Crime Action Plan during 2008 and the increasing emphasis on early intervention provides a framework to consider again the interface between local services and secure residential placements. This report brings together contributions from leading experts on young people and criminal justice to critically examine current policy and practice. There are vital questions for both policy and practice on whether the use of custody reduces re-offending or whether other forms of residential placements are more effective long-term. The report looks at current approaches to the sentencing and custody of children and young people, prevention of re-offending and a range of alternative regimes.Less
Over the last decade, the reformed youth justice system has seen increases in the numbers of children and young people in custody, a sharp rise in indeterminate sentences and the continuing deaths of young prisoners. The largest proportion of funding in youth justice at the national level is spent on providing places for children and young people remanded and sentenced to custody. The publication of the Youth Crime Action Plan during 2008 and the increasing emphasis on early intervention provides a framework to consider again the interface between local services and secure residential placements. This report brings together contributions from leading experts on young people and criminal justice to critically examine current policy and practice. There are vital questions for both policy and practice on whether the use of custody reduces re-offending or whether other forms of residential placements are more effective long-term. The report looks at current approaches to the sentencing and custody of children and young people, prevention of re-offending and a range of alternative regimes.
Graham Bowpitt
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9781447322771
- eISBN:
- 9781447322795
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447322771.003.0006
- Subject:
- Political Science, Public Policy
Policy-makers concerned with preventing re-offending have long been aware of the relationship between crime and homelessness. This is especially true of offenders given short-term prison sentences of ...
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Policy-makers concerned with preventing re-offending have long been aware of the relationship between crime and homelessness. This is especially true of offenders given short-term prison sentences of 3-12 months. This concern has been given a new imperative in the UK by the passing of the Offender Rehabilitation Act 2014, and the extension of statutory rehabilitation to short-term prisoners. Policy-makers concerned with effective offender management are therefore keen to explore ways in which securing stable accommodation might reduce re-offending. This chapter provides evidence from an evaluation of a project that uses the procurement of stable accommodation as a key element in a package of support designed to reduce re-offending among offenders with short-term sentences for prolific acquisitive crime. The evaluation explores the effectiveness of the project in preparing participants for release and in preventing homelessness, re-offending and social isolation, thereby informing wider debates around prisoner rehabilitation as a policy objective.Less
Policy-makers concerned with preventing re-offending have long been aware of the relationship between crime and homelessness. This is especially true of offenders given short-term prison sentences of 3-12 months. This concern has been given a new imperative in the UK by the passing of the Offender Rehabilitation Act 2014, and the extension of statutory rehabilitation to short-term prisoners. Policy-makers concerned with effective offender management are therefore keen to explore ways in which securing stable accommodation might reduce re-offending. This chapter provides evidence from an evaluation of a project that uses the procurement of stable accommodation as a key element in a package of support designed to reduce re-offending among offenders with short-term sentences for prolific acquisitive crime. The evaluation explores the effectiveness of the project in preparing participants for release and in preventing homelessness, re-offending and social isolation, thereby informing wider debates around prisoner rehabilitation as a policy objective.
