The Penal Crisis and the Clapham Omnibus

The Penal Crisis and the Clapham Omnibus : Questions and Answers in Restorative Justice

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Based on a lifetime of research and experience, this book deals with the concerns about crime and punishment of that most vivid of judicial creations, 'The Man or Woman on the Clapham Omnibus'. As the author explains, this human reference point for reason and good sense is likely to be far more receptive to sound explanation and argument than the media (and tabloid press in particular) might give credit. And after all, it is his or her taxes which are being routinely wasted on outmoded or discredited methods. Crime will not disappear through the application of heavy-handed sanctions. Indeed, they make matters worse. With prisons overflowing in many western countries, restorative justice offers a better and ultimately more intuitive solution. Cornwell dismantles the traditional arguments for 'locking people away' and undermines the idea that it is necessary to be 'tough on crime'. The book credits people with a higher level of intelligence. It provides them with proper answers and explanations based on sound data, copious research and an in-depth analysis of existing trends.
It is a work for people who value credibility rather than politically-driven excuses with their increasingly damaging effects.
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Product details

  • Paperback | 256 pages
  • 156 x 234 x 12mm | 400g
  • Winchester, United Kingdom
  • English
  • 1904380476
  • 9781904380474

Table of contents

Foreword viii Preface xi Acknowledgements xiii Introduction xv Determinants of Criminal Justice Policy xv The Structure of this Book xx Part One Overview - Issues of Principle xxi Part Two Overview - Rethinking Prisons xxii Part Three Overview - More Effective Community Sanctions xxiii Some Preliminary Observations xxv Dedication xxvii About the author xxviii 1. Why Are So Many Criminal Justice Systems Presently In Crisis? 29 The legacy of the 'Nothing Works' era 29 How do penal systems get into crisis? 33 The parallel effects on community corrections 36 Public attitudes towards crime and offenders 38 2. What is Restorative Justice, and What Does it Offer? 41 Different justice or better justice? 41 A chance to think differently about justice 43 A new approach to guilt and harm 44 Inclusive justice 45 Community involvement in justice 48 A re-assessment of causes and effects of crime 50 3. Does Restorative Justice 'Do Away' With Retribution? 52 Legally punitive responses to crime 53 Retributive justice 'undressed' 54 Restorative penology: a 'neo-rehabilitative' approach? 57 Is restorative penology anti-retributive? 59 vi The Penal Crisis and the Clapham Omnibus 4. Would Wider Use of Restorative Justice Increase Public Risk? 63 Crime and public risk 64 Truths, myths and public attitudes 67 Restorative justice and public risk 69 Balancing the custody: community equation 72 5. Could Restorative Justice Give Victims of Crime a Better Deal? 76 Great expectations: meagre outcomes 76 What do victims require from criminal justice? 78 Can restorative practices improve justice delivery? 81 A stakeholder approach to victim vindication 83 6. Why Are Prisons as Presently Operated So Ineffective? 88 Management of prisons: order, amenity and service 89 Prisons, ideology and reality 93 The root causes of prison ineffectiveness 95 The need for a new custodial vision 97 7. Does Restorative Justice Propose Less Use of Prisons? 100 Re-setting the prison population parameters 100 Building towards reduction: a restorative approach 104 The morality of prison reduction 108 Less prisoners and better prisons 110 8. Can Prisons Rehabilitate Offenders Effectively? 112 What is penal rehabilitation? 112 Prisons and rehabilitation 115 Do the facts of custodial life rule out rehabilitation? 118 If not rehabilitation, then what? 120 9. Reparative and Restorative Prison Regimes: Pipedream or Paradigm? 124 The importance of voluntarism 125 Responsibility and participation 127 Self-analysis and reparative action 129 Social reintegration 132 10. How Can Prisons Become More 'Community Friendly'? 136 Balancing risks: taking a broader view 137 The custody: community equation 138 Creating a different custodial image 141 Changing the traditional custodial culture 143 Contents vii Encouraging community stakeholders 146 11. What Should Be the Real Purposes of Community Corrections? 149 Conceiving a change of penal direction 150 Implications of penal system change for community corrections 155 Community corrections with a new purpose 158 Towards a structure for social reintegration 161 12. Could Restorative Justice Transform the Community Corrections System? 164 Community justice since the 1960s 164 Back to basics: the need to limit 'managerialism' 165 Envisaging a different concept of community justice 169 Re-focussing community corrections 173 13. Can Non-Custodial Sanctions Have Significant Community Benefit? 178 How can public confidence in community sanctions be improved? 178 Delivering effectiveness in non-custodial sanctions 183 Communities as beneficiaries of corrections 186 Creating space for community involvement 189 14. Who Should Operate and Supervise Community Sanctions? 195 Creating unity and preserving professional identity 195 Making community sanctions visible 199 Holism and realism in community sanctions 201 Conceiving simplicity and effectiveness in community justice delivery 204 15. Epilogue: The Case for Unified Restorative Corrections 210 Corrections in context 211 Reviewing the structure of justice 213 Problems of enhancing operational justice 216 Unification or bust? 220 Bibliography 224 Glossary of Some Key Terms Used in this Book 240 Index 245
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About David J. Cornwell

David J Cornwell is a criminologist and consultant with extensive practical experience of prisons and imprisonment, having worked in senior positions within the public and private sectors in the UK and abroad. He has written two previous and acclaimed books on restorative justice, Criminal Punishment and Restorative Justice (2006) and Doing Justice Better (2007) (both Waterside Press). Foreword author Heather Strang is the Director of the Centre for Restorative Justice at the Australian National University and one of the leading international commentators on this topic.
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