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Crime and Social Policy Broadening Perspectives on Social Policy Series Editor: Bent Greve The object of this series, in this age of re-thinking on social welfare, is to bring fresh points of view and to attract fresh audiences to the mainstream of social policy debate. The choice of themes is designed to feature issues of major interest and concern, such are already stretching the boundaries of social policy. This is the sixteenth collection of papers in the series. Previous volumes include: • The Times They Are Changing? Crisis and the Welfare State B. Greve • Reforming Long-term Care in Europe J. Costa-Font • Choice: Challenges and Perspectives for the European Welfare States B. Greve • Living in Dangerous Times: Fear, Insecurity, Risk and Social Policy D. Denney • Reforming the Bismarckian Welfare Systems B. Palier and C. Martin • Challenging Welfare Issues in the Global Countryside G. Giarchi • Migration, Immigration and Social Policy C. Jones Finer • Overstretched: European Families Up Against The Demands of Work and Care T. Kröger and J. Sipilä • Making a European Welfare State?: Convergences and Conflicts over European Social Policy P. Taylor-Gooby • The Welfare of Food: Rights and Responsibilities in a Changing World E. Dowler and C. Jones Finer • Environmental Issues and Social Welfare M. Cahill and T. Fitzpatrick • The Business of Research: Issues of Policy and Practice C. Jones Finer and G. Lewando Hundt • New Risks, New Welfare: Signposts for Social Policy N. Manning and I. Shaw • Transnational Social Policy C. Jones Finer • Crime & Social Exclusion C. Jones Finer and M. Nellis Crime and Social Policy Edited by Hazel Kemshall A John Wiley & Sons, Ltd., Publication This edition first published 2013 Originally published as Volume 46, Issue 4 of Social Policy & Administration Chapters © 2013 The Authors Book compilation © 2013 Blackwell Publishing Ltd Blackwell Publishing was acquired by John Wiley & Sons in February 2007. Blackwell’s publishing program has been merged with Wiley’s global Scientific, Technical, and Medical business to form Wiley-Blackwell. Registered Office John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, United Kingdom Editorial Offices 350 Main Street, Malden, MA 02148-5020, USA 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley-blackwell. The right of Hazel Kemshall to be identified as the author of the editorial material in this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks or registered trademarks of their respective owners. The publisher is not associated with any product or vendor mentioned in this book. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold on the understanding that the publisher is not engaged in rendering professional services. If professional advice or other expert assistance is required, the services of a competent professional should be sought. Library of Congress Cataloging-in-Publication Data Crime and social policy / edited by Hazel Kemshall. p. cm. Includes index. ISBN 978-1-118-50989-0 (pbk.) 1. Crime. 2. Crime–Sociological aspects. 3. Crime–Government policy. 4. Social policy. I. Kemshall, Hazel, 1958– HV6025.C7125 2013 364–dc23 2012035902 A catalogue record for this book is available from the British Library. Cover design by Design Deluxe. Set in 10.5 on 11 pt Baskerville MT by Toppan Best-set Premedia Limited 1 2013 CONTENTS List of Contributors vii Introduction 1 Hazel Kemshall 1 An International Crime Decline: Lessons for Social Welfare Crime Policy? 5 Paul Knepper 2 Advise, Assist and Befriend: Can Probation Supervision Support Desistance? 23 Deirdre Healy 3 The Relational Context of Desistance: Some Implications and Opportunities for Social Policy 41 Beth Weaver 4 ‘Regulating the Poor’: Observations on the ‘Structural Coupling’ of Welfare, Criminal Justice and the Voluntary Sector in a ‘Big Society’ 59 John J. Rodger 5 What Prospects Youth Justice? Children in Trouble in the Age of Austerity 77 Joe Yates 6 Bleak Times for Children? The Anti-social Behaviour Agenda and the Criminalization of Social Policy 93 Janet Jamieson 7 Social Citizenship and Social Security Fraud in the UK and Australia 111 Gráinne McKeever Index 129 List of Contributors Deirdre Healy is Research Fellow, Institute of Criminology, University College Dublin, Ireland. Janet Jamieson is Senior Lecturer and Head of Criminology, Liverpool John Moores University, UK. Hazel Kemshall is Research Professor, Community and Criminal Justice Division, De Montfort University, UK. Paul Knepper is Reader in Criminology, Department of Sociological Studies, Sheffield University, UK. Gráinne McKeever is Senior Lecturer in Law, University of Ulster, UK. John J. Rodger is Reader in Social Policy and Sociology, University of the West of Scotland, UK. Beth Weaver is Lecturer, Social Work, University of Strathclyde, UK. Joe Yates is School Director, School of Humanities and Social Science, Liverpool John Moores University, UK. Introduction spol_8371..4 Hazel Kemshall Thisspecialissuepresentsatimelyfocusoncrimeandsocialpolicy,particularly as governmental spending on both crime management and social policy is being significantly reduced in most Western societies as one response to the post-2008 global financial crisis. Despite relatively high spending on welfare sincethe1970s,Westernsocietieshavebeenrestructuringtheir‘welfarearchi- tecture’(Esping-Andersen2002),creatingsocialinvestmentstates(Jessop2002) populatedbyactivecitizensresponsiblefortheirownwelfare.Aconsequence has been the retrenchment of welfare and the increased responsibilisation of citizens,includingoffenders,fortheirownactionsandfutures(Kemshall2002). Afurtherdiscernibletrendhasbeentheincreasedcriminalizingtendencyand netwideningofsocialpolicy(Rodger2000),withparticularpolicyattentionon theregulationofthefamilyandthesocialcontrolof‘riskyyouth’. In this special issue, Rodgers analyses the relationship between crime and social policy in the context of a post-industrial world and within a climate of severeglobaleconomicchallenge.Hearguesthattheroleofthewelfarestate has become increasingly contradictory as the boundaries between its social control and social support functions blur, resulting in states ‘governing throughcrime’(Simon2007).Rodgerdemonstratesthatthecriminalizationof social policy can be observed in a range of policy fields including housing, family policy, community development and, crucially, youth policy. Social policiesaredesignedlessfortheirsocialjusticeaimsandmorefortheirsocial control and criminal justice objectives. Net widening of the criminal justice gaze can be observed as poor households and poor children are targeted for surveillanceandpunitivecontrol.Rodgerexaminesbothrecentandemerging policy strategies, including those emerging under the UK coalition govern- ment. His analysis casts new light on the emerging policy relationships betweenthewelfaresystem,thecriminaljusticesystemandcivilsocietywith application to a range of Western societies. Jamieson and Yates in their articles draw on detailed empirical studies to focus on the increasing criminalization of youth, particularly ‘troubled youth’. Jamieson for example argues that the ‘anti-social behaviour’ (ASB) agendaresonateswiththestate’sbroaderagendaofresponsibilisationandthe inculcation of duties and obligations into the ‘law abiding citizen’. However, data from an in-depth study of the application of ASB powers demonstrates theperverseoutcomesofsuchextensionsofthecriminalizationnet,including CrimeandSocialPolicy,FirstEdition.EditedbyHazelKemshall.Chapters©2013TheAuthors. Bookcompilation©2013BlackwellPublishingLtd. HazelKemshall increased exclusion and marginalization of ‘troubled youth’. Whilst focused onEnglandandWales,heroverallconclusionthatincreasedpolicyattention to security in the age of austerity is likely to increase the criminalization of childrenhasresonanceacrossalltheWesterncountriesstrugglingwithdisaf- fectedandunemployedyouth.Yatesadoptsabroaderview,withafirmfocus on current policies in the age of austerity and the likely impact on youth in marginalized and deprived communities. His focus is on the impact of retrenchment, but also interestingly the increased focus in social and crime policy on payment by results. He examines the potential for payment by resultstoincreasemarginalizationandcriminalitybecausechallenging‘cases’ are literally sidelined, and implementation attention is only given to ‘cases’ considered to be a good bet for success and hence payment. He critically examines the ‘marketization’ of youth justice provision, and expresses deep concernsabouttheemergingtradeinyouthtroubles–anagendathatislikely to spread across the Anglophone countries. More recent criminological research, and to a lesser extent policy, has returnedtothesocialcausesofcrime,withrenewedinterestinwhathasbeen broadlytermed‘socialrehabilitation’(RobinsonandCrow2009).Inbrief,this approach focuses on the social context of offending and rehabilitation, and drawsattentiontothesocialopportunitiesthatcreateroutestodesistanceand rehabilitation for offenders. This social context is complex, comprising a number of factors that may both precipitate offending and conversely create and support resilience to offending – for example housing/accommodation, employment,education,training,drugtreatment–thosefactorsmostassoci- ated with effective ‘resettlement’. Their importance to desistance has been recognized in England and Wales in the Home Office policy construct of ‘resettlementpathways’(HomeOffice2004)andtheHMIPrisonandProba- tion report Through the Prison Gate (HMIP and P 2001). However, this social contextalsocomprisesmoresubtlerelationalcomponents,suchasfamilylife, partners,‘embeddedness’incommunitylife,andtheachievementandmain- tenanceofanon-offendingpersonalandsocialidentity(Maruna2001).Policy responseshavealsobeenlimitedintheirambitionandscope,narrowlyfocus- ing on resettlement issues, with little attention to broader structural issues around social exclusion. This has been exemplified in both UK and USA policydevelopmentsandpracticeresponses(seeRobinsonandCrow2009for a full discussion). In this issue, Healy for example argues that an important step on the journeytowardsdesistanceinvolvesthereintegrationofex-offendersintotheir communities. In order to desist fully, individuals must gain access to new social resources, overcome existing problems and ‘knife off’ their criminal pasts.However,manyex-offenderscontinuetoexperiencehighlevelsofsocial marginalization and low levels of life success at least when measured using conventionalindicators.Appropriatesocialpoliciescanencouragedesistance andimprovethelifechancesofex-offenders,forexamplebyincreasingtheir social and human capital or addressing obstacles to change. Interestingly, Healy’s study is located within the Irish Probation Service, a criminal justice servicelargelyuntouchedbythenewpenologyandcurrenttrendsofrespon- sibilisation.Withinastilllargelywelfare-orientedservice,Healy’sprospective 2 Introduction study of desistance examines the extent to which probation policy and prac- tice support the desistance process, set within the broader context of Irish austerity measures post the 2008 financial collapse. This is complemented by Weaver’s in-depth study of desistance with a focusontherelationalcontextofdesistanceandthekeyroleofsocialsupports inpromotingacrime-freelife.Weaverfocusesonthosesocialpolicieslikelyto facilitateorhinderdesistance,andconsidershowsocialandpenalpolicycould assistin‘generating,developingandsustainingthekindsofsocialcapitaland reflexive, relational networks relevant to desistance’. In a comparative study of social security fraud provisions in the UK and Australia,McKeeverexamineshowsocialsecurityfraudillustratesthecrime/ social policy nexus by focusing on the erosion of citizenship for those con- victed of social security fraud. Her argument is placed within a broader contention that the current delineation of social citizenship within an exclu- sive market-based model is problematic, and that the notion of citizenship requires reconstruction if it is to realize its full potential for inclusivity. At present, those convicted of fraud are presented as citizens who deserve to forfeittheirrighttocitizenship,andthispermeatestoallclaimants,challeng- ingnotonlytherighttoclaim,butrightstocitizenshipofallwhocometorely onstatesocialsecuritysystems.Giventherisingnumberslikelytofallintothe welfarenetastheglobalfinancialcrisistakeshold,thisisaserioussocialpolicy as well as a crime issue. Finally, Knepper’s important article raises a fundamental question. What should governments do next given that crime rates have declined in Europe andNorthAmericaoverthelasttwodecades?Interestingly,Knepperexam- ines a range of potential reasons for international crime reduction, and poses the important question as to whether intended policies have the nec- essary intended impacts, and whether social and crime policies have mea- surableimpactsoncrimecausationandcrimereduction.Thattheymaynot is a challenging but important contention, as is the possibility that impacts may be unintended and unplanned. Knepper also contrasts the drop in crime rates to the almost constant government preoccupation with ‘high crime politics’, resulting in a perverse focus on ‘combating crime’ even as crime rates fall. This is perhaps the most critical point. Crime is political, and crime policies are often highly politicized. In the new age of austerity, it will be interesting to see whether ‘high crime politics’ continues, or whether austerity presents an opportunity to re-evaluate policy responses to crime. As cutbacks bite, the policy choices may become quite stark between policies of inclusion, rehabilitation and desistance; or policies of exclusion, marginalization and control. References Esping-Andersen, G. (2002), A Child-Centred Social Investment Strategy. In G. Esping-Andersen etal. (eds), Why We Need a New Welfare State, Oxford: Oxford UniversityPress. HerMajesty’sInspectoratesofPrisonandProbation(HMIPandP)(2001),Throughthe PrisonGate:AJointThematicReviewbyHMInspectoratesofPrisonandProbation,London: 3 HazelKemshall HMI Prison and Probation, http://www.justice.gov.uk/downloads/publications/ inspectorate-reports/hmipris/prison-gate-rps.pdf(accessed13December2011). Home Office (2004), National Reducing Reoffending Action Plan, London: Home Office, http://www.lifechangeuk.com/_webedit/uploaded-files/downloads/political/ reducing-reoffending-delivery.pdf(accessed13December2011). Jessop,B.(2002),TheFutureoftheCapitalistState,Cambridge:PolityPress. Kemshall,H.(2002),Effectivepracticeinprobation:anexampleof‘advancedliberal responsibilisation?TheHowardJournal,41,1:41–58. Maruna,S.(2001),MakingGood:HowEx-convictsReformandRebuildtheirLives,Washing- ton,DC:AmericanPsychologicalSociety. Robinson, G. and Crow, I. (2009), Offender Rehabilitation: Theory, Research and Practice, London:Sage. Rodger, J. (2000), From a Welfare State to a Welfare Society: The Changing Context of Social PolicyinaPostmodernEra,Basingstoke:Macmillan. Simon,J.(2007),GoverningthroughCrime:howthewaroncrimetransformedAmericandemocracy andcreatedacultureoffear,Oxford:OxfordUniversityPress. 4

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