Modernizing Britain's Criminal Justice Policy: A Cure That's Worse Than the Disease

• NCJ Number: 220864
• Journal: Crime & Justice International Volume: 23 Issue: 100 Dated: September-October 2007 Pages: 16-24
• Author(s): Gary Feinberg
• Date Published: September 2007
• Length: 9 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper describes and critically assesses three important efforts to modernize Britain's criminal justice policy: the introduction and prioritization of managerial principles in the criminal justice system; the combining of civil and criminal remedies in attempting to prevent antisocial behavior; and the establishment of child safety orders.

Abstract

The application of business principles to criminal justice policies has led to an emphasis on productivity (more efficient processing of cases); cost efficiency (contain expenditures and reduce unit costs); and consumerism (greater attention to victim services and public expectations for the criminal justice system). Critics of the new managerialism in criminal justice argue that the traditional themes of criminal justice have been de-emphasized if not abandoned, namely, human rights, due process protections, and crime prevention. The combining of civil and criminal remedies in attempting to prevent antisocial behavior has taken the form of curfews, exclusion from a designated area, restraints on approaching certain individuals, prohibitions on verbal threats or making noise of specified types, and desisting from racist behavior. The violation of such orders, unlike contempt procedures in civil matters, entails a full range of criminal penalties, including imprisonment for up to 7 years. Critics of this trend argue that relatively minor nuisance and nonconformist behaviors have the potential of resulting in penalties previously reserved for serious criminal acts. Under provisions of the child safety order, children younger than 10 years old who commit an act which would be a criminal offense had they been older can be placed under the supervision of a responsible person, such as a social worker or member of some local youth authority. The child safety order has also been extended to nuisance behaviors by children under 10 years old, as well as other problem behaviors that may be deemed preludes to more serious antisocial behavior. 18 references