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Posts in Social Justice
Criminal record and employability in Ghana: A vignette experimental study

ByThomas D. Akoensi, Justice Tankebe

Using an experimental vignette design, the study inves-tigates the effects of criminal records on the hiring deci-sions of a convenience sample of 221 human resource(HR) managers in Ghana. The HR managers were ran-domly assigned to read one of four vignettes depicting job seekers of different genders and criminal records:male with and without criminal record, female with and without criminal record. The evidence shows that a criminal record reduces employment opportunities for female offenders but not for their male counter-parts. Additionally, HR managers are willing to offer interviews to job applicants, irrespective of their crim-inal records, if they expect other managers to hire ex-convicts. The implications of these findings are dis-cussed.

The Howard Journal of Crime and Justice, online first, May 2024

Urgent and long overdue: legal reform and drug decriminalisation in Canada

By Matthew Bonn, Chelsea Cox, Marilou Gagnon. et al.

The International Guidelines on Human Rights and Drug Policy recommend that States commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. Following two years of consultation with stakeholders, including people who use drugs, NGOs, legal and human rights experts, UN technical agencies and Member States, the Guidelines “do not invent new rights. Rather, they apply existing human rights law to the legal and policy context of drug control to maximise human rights protections, including in the interpretation and implementation of the drug control conventions.” In respect of the Guidelines and its obligations under UN human rights treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people centered and public health approach.3 This approach must commit to the removal of criminal penalties for simple possession and a comprehensive health-based approach to drug regulation.

Ottawa, ONT: Royal Society of Canada, 2024. 52p.

The End of Intuition-Based High-Crime Areas

By Ben Grunwald and Jeffrey Fagan

In 2000, the Supreme Court held in Illinois v. Wardlow that a suspect’s presence in a “high-crime area” is relevant in determining whether an officer has reasonable suspicion to conduct an investigative stop. Despite the importance of the decision, the Court provided no guidance about what that standard means, and over fifteen years later, we still have no idea how police officers understand and apply it in practice. This Article conducts the first empirical analysis of Wardlow by examining data on over two million investigative stops conducted by the New York Police Department from 2007 to 2012. Our results suggest that Wardlow may have been wrongly decided. Specifically, we find evidence that officers often assess whether areas are high crime using a very broad geographic lens; that they call almost every block in the city high crime; that their assessments of whether an area is high crime are nearly uncorrelated with actual crime rates; that the suspect’s race predicts whether an officer calls an area high crime as well as the actual crime rate; that the racial composition of the area and the identity of the officer are stronger predictors of whether an officer calls an area high crime than the crime rate itself; and that stops are less or as likely to result in the detection of contraband when an officer invokes high-crime area as a basis of a stop. We conclude with several policy proposals for courts, police departments, and scholars to help address these problems in the doctrine.

California Law Review 345-404 (2019

"Blasphemy" in Schools : Self-Censorship and Security Fears Amongst British Teachers

By Damon L. Perry

In Britain, no one has the right not to be offended. Words or actions that are taken by some as offensive – whether they relate to religion, sexuality or race – are not criminal as long as they are not intentionally hostile and meant, or likely, to incite hatred. The statutory guidance on Non Crime Hate Incidents, revised in March 2023, is consistent with the law in this regard. It states: “Fundamentally, offending someone is not, in and of itself, a criminal offence. To constitute an offence under hate crime legislation, the speech or behaviour in question must be threatening, abusive or insulting and be intended to, or likely to, stir up hatred”. Yet, this does not seem to be fully acknowledged in Britain’s schools. As this revealing survey of over a thousand teachers from YouGov and Policy Exchange demonstrates, since the Batley Grammar School protests, a small but significant proportion of British teachers have self-censored to avoid offence on religious grounds – 16%. (That proportion is slightly higher for teachers of certain subjects, including almost a fifth of all English teachers and art teachers – 19%). In areas with the largest Muslim populations, around 10% fewer teachers do not self-censor than those in areas with the smallest Muslim populations. A worrying proportion believe that – regardless of a teacher’s intentions – images of the prophet Muhammad should never be used in classrooms, even in the teaching of Islamic art or ethics: In addition to the 55% of teachers that would not personally use an image of Muhammad independently from the Batley Grammar School protests, an additional 9% said they personally were less likely to use it as a result of the events in Batley. The case of the teacher at Batley Grammar who went into hiding after death threats thus appears to have had a significant impact on teachers’ confidence and willingness to use materials that fall within the scope of the law. Alarmingly, half of British teachers believe that if blasphemy-related protests led by activist and advocacy groups occur outside their schools, there would be a risk to their physical safety. Despite most teachers thinking that headteachers get the balance right – between supporting them to use materials that are on the right side of the law but which might offend, and ensuring no offence is caused – they are clearly in need of greater confidence in the support they can expect from their headteachers and, in the case of activist-led protests outside their school gates, the police. Recent events have given further impetus to concerns regarding the physical safety of teachers and the security at schools. On 13 October, 2023, in Arras, France, a literature teacher, Dominque Bernard, was killed in a knife attack; the suspect, an Islamist extremist, was looking for teachers  of history or geography. The case has been compared to that of Samuel Paty, the teacher who was killed three years ago by an Islamist extremist for showing cartoons of Muhammad to a class on freedom of expression. Both teachers have been described by President Macron as champions of the values of the French republic. Although this tragic incident took place across the Channel, France’s battle with Islamist extremism is one shared with the UK. Closer to home, in the wake of the Hamas terrorist attacks on hundreds of civilians in Israel on 7 October, protests on the streets of the UK against Israeli reprisals in the name of the Palestinian “resistance” have demonstrated alarming levels of hateful extremism and antisemitism.5 Some Jewish schools were forced to close on 13 October, when Hamas called for a “Global Day of Jihad”, and several Jewish schools were vandalised with red paint. The atmosphere has been fraught. The Department for Education wrote to school leaders “to ensure that any political activity from pupils in response to the crisis does not create an ‘atmosphere of intimidation’”  etc.

London: Policy Exchange, 2024. 51p.

Get a Job: Labor Markets, Economic Opportunity, and Crime

By Robert D. Crutchfield 

Are the unemployed more likely to commit crimes? Does having a job make one less likely to commit a crime? Criminologists have found that individuals who are marginalized from the labor market are more likely to commit crimes, and communities with more members who are marginal to the labor market have higher rates of crime. Yet, as Robert Crutchfield explains, contrary to popular expectations, unemployment has been found to be an inconsistent predictor of either individual criminality or collective crime rates. In Get a Job, Crutchfield offers a carefully nuanced understanding of the links among work, unemployment, and crime.

Crutchfield explains how people’s positioning in the labor market affects their participation in all kinds of crimes, from violent acts to profit-motivated offenses such as theft and drug trafficking. Crutchfield also draws on his first-hand knowledge of growing up in a poor, black neighborhood in Pittsburgh and later working on the streets as a parole officer, enabling him to develop a more complete understanding of how work and crime are related and both contribute to, and are a result of, social inequalities and disadvantage. Well-researched and informative, Get a Job tells a powerful story of one of the most troubling side effects of economic disparities in America.

New York; London: NYU Press, 2014. 303p.

After the War on Crime: Race, Democracy, and a New Reconstruction

By Mary Louise Frampton, Ian Haney Lopez, and Jonathan Simon

Since the 1970s, Americans have witnessed a pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging toward declaring victory and moving on.
However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of social institutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.
It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volume's immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.

New York; London: NYU Press, 2008.256p