The soundbite `tough on crime and tough on the causes of crime' was crucial to both the ideological rebirth of the Labour Party as `New Labour' and its landslide victory in the 1997 General Election. Indeed, one of New Labour's most remarkable political achievements, during its first term of office, was to have forged a `Third Way' law and order position that has successfully challenged the idea that social democratic political parties are by definition `soft on crime'. This article outlines and evaluates the key strategies underpinning New Labour's core governmental project of `modernization through managerialization' in criminal justice. Throughout, a focus on crime reduction and youth justice is maintained, since addressing these `wicked issues' is pivotal to realizing New Labour's long-term objective of commanding the centre ground of law and order politics in the UK. We argue that an institutionalization and normalization of managerialism is taking place to `resolve' the contradictions, tensions and ...

The Permanent Revolution:: New Labour, New Public Management and the Modernization of Criminal Justice

A number of authors have remarked upon growing similarities between the criminal justice systems of western industrialized countries, and in particular, the apparent spread of penal policies associated with the USA to other liberal democracies (Christie, 2000; Nellis, 2000; Garland, 2001; Jones and Newburn, 2002a). Two general approaches to describing and explaining such developments can be identified in the literature, which may be termed `structuralist' and `agency-led' respectively. The former approach links similar developments in crime control policy and discourse in different jurisdictions to deeper cultural and structural changes being experienced in all `late modern' capitalist societies. By contrast, the latter approach focuses more directly upon the arena of political decision making, and the incidence of policy transfer and imitation. This article argues that both these approaches would gain much from a more complex consideration of what `policy' is, and, in particular, where it comes from. Mor...

Policy convergence and crime control in the USA and the UK

Through a detailed analysis of media reports and debates in the House of Commons over the late 1990s, this article explores the construction and proliferation of Canada’s punishable young offender. I suggest that the creation and dissemination of this discursive category resulted in calls for a new ethic of punishment that emphasized protection of the public from risks associated with youth crime. Media, political, and public concern about the punishable young offender propelled the Federal government’s announcement that it would replace existing youth justice legislation (the Young Offenders Act) with a tougher law premised on a framework of ‘accountability’. I begin by situating recent developments in Canadian youth justice policy domestically and internationally. Next, I highlight how the punishable young offender has been manifest in, and governed through, increasingly harsh penalties, austere punishments, and high rates of incarceration. Finally, I argue that calls for the punishment and intrusive re...

‘If we are tough on crime, if we punish crime, then people get the message’ Constructing and governing the punishable young offender in Canada during the late 1990s

This article reviews the primary claims made for restorative justice as a response to offending. It summarizes Home Office research published in 2001 which evaluated seven restorative justice schem...

Situating and Researching Restorative Justice in Great Britain

While many studies on restorative justice conferencing (RJC) for youth offenders have shown favourable outcomes such as victim satisfaction and fairness, and offender accountability and perceived legitimacy, other studies have demonstrated more problematic outcomes in terms of mutual understanding, sincerity of apology and reoffending. Given the complexity of RJC as a concept and as a process, such ‘limits’ might be attributed to the capacity and characteristics of youth offenders. To date, however, there has been little examination of developmental, cognitive or environmental impediments on the part of youth offenders in terms of achieving restorative outcomes in RJC. This article discusses the potential impacts of limited developmental and cognitive capacities of youth offenders on the RJC process and outcomes.

/pdf/is-restorative-justice-conferencing-appropriate-for-youth-3sl23aobyg.pdf

Is restorative justice conferencing appropriate for youth offenders

In opposition the Labour Party flagged youth justice as the likely core of their criminal justice efforts should they be elected to government. The first 15 months of the Labour Government were a frenzy of activity in this area culminating in the passage of the UK Crime and Disorder Act. The Act represents the most radical overhaul of youth justice since the Second World War. This paper considers New Labour youth justice policy and examines its origins and the key influences on its development.

Tackling youth grime and reforming youth justice: The origins and nature of ‘new labour’ policy

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Tackling youth grime and reforming youth justice: The origins and nature of ‘new labour’ policy