NCJ Number
180879
Journal
International Journal of the Sociology of Law Volume: 27 Issue: 1 Dated: March 1999 Pages: 1-22
Date Published
1999
Length
22 pages
Annotation
This paper examines the evolution of penal policy-making in England and Wales since 1945.
Abstract
The author argues that during the first part of this period, penal policy-making was dominated by a small, male, metropolitan elite that reflected a broad cross-party consensus on penal matters; this consensus was based in notions of social support and welfare. Public opinion was intentionally excluded from policy-making, only to reappear in the 1970's and 1980's, but then largely as the passive, rhetorical climate for the mobilization of harsh penal policies that came with the break up of the wider political consensus. This mobilization has been widely interpreted as the management or manipulation of public fear of crime. This paper argues that the changing attitude of the state toward the role of the public in penal matters can be interpreted in another way, i.e., as more about the state's acknowledging loss and re-engaging the public's voice than about simply managing or manipulating fear. This interpretation provides a better understanding of New Labour's populist appeal and how this connects with what has been defined as the new criminology and the far-reaching changes that are already occurring in the criminal justice system, particularly at the local level. Interpreted in this way, New Labour's populism can be viewed as different from the earlier Conservative versions of populism; however, the manner in which New Labour is re-engaging the public voice is problematic and does not necessarily imply a more progressive penal politics. The problem for progressive penal politics is not so much that New Labour has been willing to re-engage the public, but rather that the dialog now underway is determined by a wider political agenda that shows little compassion for and understanding of those who are excluded. 9 notes and 64 references