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Penal policy - the risk society, Exercises of Law

Useful document when discussing the risk society in relation to penal policy

Typology: Exercises

2019/2020

Uploaded on 06/03/2020

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Penal Policy 2019-20
LAWS3074
Dr Harry Annison
Seminar 6
The Risk Society
Talk of ‘risk’ has become ubiquitous in the literature on crime, criminal justice and
penal policy – and indeed politics more generally.
This can mean quite different things, to different people. Some point primarily to the
spread of actuarial risk assessment tools that had their basis in the development of the
insurance industry to other areas including criminal justice; others focus on the rising
fear and insecurity that is argued to pervade many people’s life experiences in late
modernity.
Essential Reading
Simon and Feeley ‘The Form and Limits of the New Penology’ in Blomberg
and Cohen (eds). Punishment and Social Control (2nd ed, 2003), pp75-116
[available as pdf in the Blackboard Seminar 6 folder]
Gray (2017) ‘The Ebbs and Flows of Anxiety’ in Lee and Mythen (eds) The
Routledge International Handbook on Fear of Crime London: Routledge
[available online]
Annison (2020) ‘Re-examining risk and blame in penal controversies: Parole
in England and Wales, 2013-2018’ in Pratt and Anderson (eds) Criminal
Justice, Risk and the Revolt against Uncertainty Palgrave [available as pdf
in the Blackboard Seminar 6 folder]
Prompts
1. What is the ‘new penology’? How does it differ from the ‘old penology’?
Belated forms of risk management, system analysis to criminal process
Resistant to innovation but is catching up with modern bureaucratic
life/law
Has made its way into law and policy such as tort/employment
discrimination law
Differs as it has been developed from frustrations/public anger does not
stem from careful calculation
Discourse differs
2. What are the ‘limits of the new penology’?
Successful new story of crime as it cannot even provide reassurance that
something significant is being done to prevent crime
Has not given ‘the truth’ about crime
Thus, we must rely on older representations and this limits the progress
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Penal Policy 2019- LAWS Dr Harry Annison Seminar 6 The Risk Society Talk of ‘risk’ has become ubiquitous in the literature on crime, criminal justice and penal policy – and indeed politics more generally. This can mean quite different things, to different people. Some point primarily to the spread of actuarial risk assessment tools that had their basis in the development of the insurance industry to other areas including criminal justice; others focus on the rising fear and insecurity that is argued to pervade many people’s life experiences in late modernity. Essential Reading  Simon and Feeley ‘The Form and Limits of the New Penology’ in Blomberg and Cohen (eds). Punishment and Social Control (2nd ed, 2003), pp75- [available as pdf in the Blackboard Seminar 6 folder]  Gray (2017) ‘The Ebbs and Flows of Anxiety’ in Lee and Mythen (eds) The Routledge International Handbook on Fear of Crime London: Routledge [available online]  Annison (2020) ‘Re-examining risk and blame in penal controversies: Parole in England and Wales, 2013-2018’ in Pratt and Anderson (eds) Criminal Justice, Risk and the Revolt against Uncertainty Palgrave [available as pdf in the Blackboard Seminar 6 folder] Prompts

  1. What is the ‘new penology’? How does it differ from the ‘old penology’?  Belated forms of risk management, system analysis to criminal process  Resistant to innovation but is catching up with modern bureaucratic life/law  Has made its way into law and policy such as tort/employment discrimination law  Differs as it has been developed from frustrations/public anger does not stem from careful calculation  Discourse differs
  2. What are the ‘limits of the new penology’?  Successful new story of crime as it cannot even provide reassurance that something significant is being done to prevent crime  Has not given ‘the truth’ about crime  Thus, we must rely on older representations and this limits the progress

 Any representations made by the new policy may even heighten anxiety about crime as it calls attention to the actual root of the problem

  1. What story does Gray tell about the rise (and fall) of public anxiety about crime?  Increase in sentence severity, prison size, mandatory min sentences etc are due to moral panics from public
  2. What are the recent controversies about parole that I discuss in Annison (2020)?
  3. And what lessons do I argue these controversies provide in relation to the concepts of ‘risk’ and ‘populism’?
  4. Reflecting across the readings: a. Do you think that risk technologies should be used to guide penal policy? b. Do you think that public concerns about crime should be used to guide penal policy? c. For prompts 5a and 5b, you should identify arguments for and against. Further, would it be possible – or desirable – for both risk technologies and public concerns to guide penal policy? (or are they mutually exclusive?) Further Reading  Kemshall, ‘The role of risk in criminal justice and penal policy’ in Understanding Risk in Criminal Justice (2003, Open University Press) pp26- 47  Ugwudike, ‘Mapping the interface between contemporary risk-focussed policy and frontline enforcement practice’ Criminology and Criminal Justice (2011) 11(3) 242-  Feeley and Simon, ‘The New Penology: Notes on the emerging strategy for corrections’, Criminology (1992) 30(4) 449-474; (reproduced in Newburn (2009) Key Readings in Criminology, Chapter 16)  Annison H. (2015) Dangerous Politics: Risk, Political Vulnerability, and Penal Policy , Oxford: Oxford University Press. Chapter 2  Hough (2017) ‘The discovery of fear of crime in the UK’, in Lee and Mythen (eds) The Routledge International Handbook on Fear of Crime London: Routledge