Justice At Risk

`The book is a unique combination of criminology, politics and philosophy which can be recommended′ - Network, Newsletter of the British Sociological Association `Hudson′s Justice in the Risk Society is stunning in the depth and breadth of its scholarship. In examining the challenges the risk society presents for established conceptions of justice she compels a profound rethinking of what justice does, and can, mean. Her analysis will frame and inspire future debate′ - Clifford Shearing, Professor, Law Program, Research School of Social Science, Australian National University `Remarkably comprehensive, ambitious in its scope and morally compelling. Barbara Hudson draws skilfully from a wide range of frameworks... She asks fundamental questions about the nature of justice and argues for a radical rethink of liberalism. She explores complex subject matter in a clear and accessible fashion. This excellent book will surely reinvigorate theoretical thinking on the nature of punishment for years to come′ - Kieran McEvoy, Professor of Law and Transitional Justice, School of Law, Queen′s University Belfast ′The book makes an important contribution to the development of new perspectives on justice and provides a rigorous analysis of political and ethical theories that will be highly relevant to criminology and penology students, academics, criminal justice practitioners and policy makers′ - SOCLAG Legal Journal How much of a threat does society′s preoccupation with `risk′ pose to the ideal of `justice′? Innovations in control and in penal policy are increasingly dominated by the theme of public protection, motivated by the aim of controlling risk rather than the aim of enhancing social justice. In Justice in the Risk Society, Barbara Hudson outlines traditional liberal perspectives on justice, risk and security, as well as addressing some key concerns, including: · the challenges to justice: the politics of risk and safety · communitarian and feminist political and ethical theories · how to use current theories and perspectives such as Habermas′s discourse ethics and postmodern perspectives on justice · how to develop new methods of re-affirming and reconstructing theories and institutions of justice The book concludes with analysis of two of the most important elements of justice for late-modernity: discursiveness and human rights. Justice in the Risk Society provides theoretical analysis with a discussion of policies, and arguments are illustrated by cases and examples. The book reviews political and ethical theories in a way that is highly relevant and accessible to criminology and penology students, practitioners and academics, as well as making an original contribution to the development of new perspectives on justice.

This book examines the impact and implications of the relationship between risk and criminal justice in advanced liberal democracies, in the context of the ‘revolt against uncertainty’ which has underpinned the rise of populist politics across these societies in recent years. It asks what impact the demands for more certainty and security, and the insistence that national identity be reasserted, will have on criminal law and penal policy. Drawing upon contributions made at a symposium held at Victoria University of Wellington, New Zealand in November 2018, this edited collection also discusses the way in which risk has come to inform sentencing practices, broader criminal justice processes and the critical issues associated with this. It also examines the growth and making of new ‘risky populations’ and the harnessing of risk-prevention logics, techniques and mechanisms which have inflated the influence of risk on criminal justice.

Machine learning and nonparametric function estimation procedures can be effectively used in forecasting. One important and current application is used to make forecasts of “future dangerousness" to inform criminal justice decision. Examples include the decision to release an individual on parole, determination of the parole conditions, bail recommendations, and sentencing. Since the 1920s, "risk assessments" of various kinds have been used in parole hearings, but the current availability of large administrative data bases, inexpensive computing power, and developments in statistics and computer science have increased their accuracy and applicability. In this book, these developments are considered with particular emphasis on the statistical and computer science tools, under the rubric of supervised learning, that can dramatically improve these kinds of forecasts in criminal justice settings. The intended audience is researchers in the social sciences and data analysts in criminal justice agencies.

This book puts in one place and in accessible form Richard Berk’s most recent work on forecasts of re-offending by individuals already in criminal justice custody. Using machine learning statistical procedures trained on very large datasets, an explicit introduction of the relative costs of forecasting errors as the forecasts are constructed, and an emphasis on maximizing forecasting accuracy, the author shows how his decades of research on the topic improves forecasts of risk. Criminal justice risk forecasts anticipate the future behavior of specified individuals, rather than “predictive policing” for locations in time and space, which is a very different enterprise that uses different data different data analysis tools. The audience for this book includes graduate students and researchers in the social sciences, and data analysts in criminal justice agencies. Formal mathematics is used only as necessary or in concert with more intuitive explanations.

Criminal Justice, Mental Health and the Politics of Risk addresses the important issues which lie at the forefront of decision making and policy in criminal justice and health care. The book brings together several perpectives from a number of distinguished academic lawyers, criminologists, psychologists and psychiatrists. It is multi-disciplinary in its approach and is jointly edited by a lawyer, a criminologist and a psychologist - all of whom have expertise and experience in this field. The book is written in the light of the current emphasis on risk assessment and management as well as the recent government proposals to reform mental health law and detain dangerous and severely personality disordered individuals. It provides a theoretical overview for academics and students in the fields of medical law, mental health law, criminal justice, psychology, sociology, criminology and psychiatry. In addition, the book's highly topical and pragmatic approach will appeal to numerous professionals and practitioners

Decades into its existence as a foundational aspect of modern political and economic life, the welfare state has become a political cudgel, used to assign blame for ballooning national debt and tout the need for personal responsibility. At the same time, it affects nearly every citizen and permeates daily life—in the form of pension, disability, and unemployment benefits, healthcare and parental leave policies, and more. At the core of that disjunction is the question of how we as a society decide who should get what benefits—and how much we are willing to pay to do so. Probable Justice​ traces a history of social insurance from the eighteenth century to today, from the earliest ideas of social accountability through the advanced welfare state of collective responsibility and risk. At the heart of Rachel Z. Friedman’s investigation is a study of how probability theory allows social insurance systems to flexibly measure risk and distribute coverage. The political genius of social insurance, Friedman shows, is that it allows for various accommodations of needs, risks, financing, and political aims—and thereby promotes security and fairness for citizens of liberal democracies.

Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.

“the Crime & Justice series has become a key resource for universities in teaching criminology and criminal justice… Professor Kemshall has established herself as a leading figure in the concepts of risk, risk management and public protection issues… an invaluable read for those entering Criminal Justice or moving to work in projects or teams at the forefront of public protection” Vista How significant is risk to the formation and implementation of penal policy? To what extent are the tasks and activities of frontline criminal justice workers informed by concerns to assess and manage risk? Has there been a significant 'sea-change' in the delivery of criminal justice, and if so, what are the future implications of this? This illuminating text examines the significance of the concept of risk in criminal justice policy, and in the role of criminal justice agencies and crime prevention initiatives. Particular features of the book include its use of practical examples, coverage of previously unpublished research, and a full review of current risk assessment tools for use with offenders. It is designed with undergraduate courses in mind, providing frequent summaries, lists of further reading, and a glossary. The identification, assessment and management of risk has become a central theme of criminal justice policy. For some penal policy commentators this represents a 'sea-change' in crime management to a new era of 'actuarial justice', that is the management of crime opportunities and risk distribution rather than the management of individual offenders. By drawing on key areas of criminal justice practice such as policing, probation and crime prevention, this book examines the actual extent of this change and reviews the case for a new risk-based penology. The book combines a review of current theories on actuarial justice with a detailed examination of current practices in key frontline agencies. The result is an essential text for criminology students and trainee professionals in criminal justice.

Within the domains of criminal justice and mental health care, critical debate concerning ‘care’ versus ‘control’ and ‘therapy’ versus ‘security’ is now commonplace. Indeed, the ‘hybridisation’ of these areas is now a familiar theme. This unique and topical text provides an array of expert analyses from key contributors in the field that explore the interface between criminal justice and mental health. Using concise yet robust definitions of key terms and concepts, it consolidates scholarly analysis of theory, policy and practice. Readers are provided with practical debates, in addition to the theoretical and ideological concerns surrounding the risk assessment, treatment, control and risk management in a cross-disciplinary context. Included in this book is recommended further reading and an index of legislation, making it an ideal resource for students at undergraduate and postgraduate level, together with researchers and practitioners in the field.

This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.