Fergus McNeill

A desistance paradigm for offender management

In an influential article published in the British Journal of Social Work in 1979, Anthony Bottoms and Bill McWilliams proposed the adoption of a ‘non-treatment paradigm’ for probation practice. Their argument rested on a careful and considered analysis not only of empirical evidence about the ineffectiveness of rehabilitative treatment but also of theoretical, moral and philosophical questions about such interventions. By 1994, emerging evidence about the potential effectiveness of some intervention programmes was sufficient to lead Peter Raynor and Maurice Vanstone to suggest significant revisions to the ‘non-treatment paradigm’. In this article, it is argued that a different but equally relevant form of empirical evidence—that derived from desistance studies—suggests a need to re-evaluate these earlier paradigms for probation practice. This reevaluation is also required by the way that such studies enable us to understand and theorize both desistance itself and the role that penal professionals might play in supporting it. Ultimately, these empirical and theoretical insights drive us back to the complex interfaces between technical and moral questions that preoccupied Bottoms and McWilliams and that should feature more prominently in contemporary debates about the futures of ‘offender management’ and of our penal systems.

The place of the officer-offender relationship in assisting offenders to desist from crime

For decades, the relationship between the officer and offender (variously labelled as the ‘casework relationship’, the ‘supervisory relationship’ or ‘one-to-one work’) was the main channel for probation service interventions. In the modernized probation service in England and Wales, this relationship element has been marginalized, on a policy level at least, by accredited groupwork programmes and case management approaches involving referrals to specialist and other services. However, there are now promising signs that policy makers are re-instating the ‘relationship’ between the practitioner and offender as a core condition for changing the behaviour and social circumstances associated with recidivism. This article traces the factors behind the paradigm shift from casework (in its broadest sense) to case management (more recently termed ‘offender management’) in order to identify why an element of practice once regarded as vital became discredited. It then briefly draws on findings in the mental health field and desistance research to relocate the relationship element within a practice model that is focused on supporting desistance from crime.

Risk, responsibility and reconfiguration: penal adaptation and misadaptation

This article draws on the findings of an ethnographic study of social enquiry and sentencing in the Scottish courts. It explores the nature of the practice of social enquiry (that is, of social workers preparing reports to assist sentencers) and explores the extent to which this practice is being reconfigured in line with the recent accounts of penal transformation. In so doing, we problematize and explore what we term the ‘governmentality gap’; meaning, a lacuna in the existing penological scholarship which concerns the contingent relationships between changing governmental rationalities and technologies on the one hand and the construction of penality-in-practice on the other. The findings suggest that although policy discourses have, in many respects, changed in the way that these accounts elucidate and anticipate, evidence of changes in penal discourses and practices is much more partial. Drawing on Bourdieu, we suggest that this may be best understood not as a counter-example to accounts of penal transformation but as evidence of an incompleteness in their analyses which reflects the ‘governmentality gap’ and requires the development of more fully cultural penology drawing on ethnographies of penality.

Understanding ‘quality’ in probation practice: Frontline perspectives in England & Wales

In the context of ‘ordinary’ probation practice, quality is a contested concept, as well as an under-researched one. In this article we present the findings of a study which sought to capture, via interviews inspired by Appreciative Inquiry, the views of probation staff about the meaning(s) of ‘quality’ in probation practice. The interviews revealed a ‘frontline’ perspective on quality which has not previously been exposed or articulated as such. Drawing upon theoretical concepts developed by Bourdieu, it is argued that despite significant recent changes in the penal and probation fields in England & Wales, and some signs of adaptation in normative conceptions of probation work, there exists a culture or ‘probation habitus’ among frontline staff that is relatively cohesive and resilient.

Lifelines desistance, social relations, and reciprocity

This article draws on the life stories of a friendship group of men in their 40s who offended together in their youth and early adulthood. By exploring these interrelated narratives, we reveal individual, relational, and structural contributions to the desistance process, drawing on Donati’s relational sociology. In examining these men’s social relations, this article demonstrates the central role of friendship groups, intimate relationships, families of formation, employment, and religious communities in change over the life course. It shows how, for different individuals, these relations triggered reflexive evaluation of their priorities, behaviors, and lifestyles, but with differing results. However, despite these differences, the common theme of these distinct stories is that desistance from crime was a means of realizing and maintaining the men’s individual and relational concerns, with which continued offending became (sometimes incrementally) incompatible. In the concluding discussion, we explore some of the ethical implications of these findings, suggesting that work to support desistance should extend far beyond the typically individualized concerns of correctional practice and into a deeper and inescapably moral engagement with the reconnection of the individual to social networks that are restorative and allow people to fulfill the reciprocal obligations on which networks and communities depend.This article draws on the life stories of a friendship group of men in their 40s who offended together in their youth and early adulthood. By exploring these interrelated narratives, we reveal individual, relational, and structural contributions to the desistance process, drawing on Donatis relational sociology. In examining these mens social relations, this article demonstrates the central role of friendship groups, intimate relationships, families of formation, employment, and religious communities in change over the life course. It shows how, for different individuals, these relations triggered reflexive evaluation of their priorities, behaviors, and lifestyles, but with differing results. However, despite these differences, the common theme of these distinct stories is that desistance from crime was a means of realizing and maintaining the mens individual and relational concerns, with which continued offending became (sometimes incrementally) incompatible. In the concluding discussion, we explore some of the ethical implications of these findings, suggesting that work to support desistance should extend far beyond the typically individualized concerns of correctional practice and into a deeper and inescapably moral engagement with the reconnection of the individual to social networks that are restorative and allow people to fulfill the reciprocal obligations on which networks and communities depend. Keywords: Juvenile justice Language: en

Assisting and Advising The Sentencing Decision Process: The Pursuit of 'Quality' in Pre-Sentence Reports

Pre-sentence reports are an increasingly prevalent feature of the sentencing process. Yet, although judges have been surveyed about their general views, we know relatively little about how such reports are read and interpreted by judges considering sentence in specific cases, and, in particular, how these judicial interpretations compare with the intentions of the writers of those same reports. This article summarizes some of the main findings of a four-year qualitative study in Scotland examining: how reports are constructed by report writers; what the writers aim to convey to the sentencing judge; and how those same reports are then interpreted and used in deciding sentence. Policy development has been predicated on the view that higher-quality reports will help to ‘sell’ community penalties to the principal consumers of such reports (judges). This research suggests that, in the daily use and interpretation of reports, this quality-led policy agenda is defeated by a discourse of judicial ‘ownership’ of sentencing.

Probation, Credibility and Justice

This article explores the difficulties that arise for probation agencies or those that deliver community sanctions in developing and maintaining their credibility in prevailing ‘late-modern’ social conditions. It begins by questioning the limits of the pursuit and promise of ‘public protection’ as a source of credibility, and then proceeds to examine the emergence of an alternative strategy — based principally on reparation and ‘payback’ — in Scotland, arguing that these Scottish developments have much to say to the emerging debates in England and Wales (and elsewhere) about the ‘rehabilitation revolution’ and the proper use of imprisonment. The article provides a critical account of the development and meaning of the Scottish version of ‘payback’, linking it to some important philosophical and empirical studies that may help to steer the development of payback away from a ‘merely punitive’ drift. In the conclusion, I argue that probation agencies and services need to engage much more deeply and urgently with their roles as justice services, rather than as ‘mere’ crime reduction agencies.

Learning, Rehabilitation and the Arts in Prisons: A Scottish Case Study.

Abstract This article investigates the role of the arts in enabling prisoners to engage with learning and improve their literacy, and the impact this has on their rehabilitation and desistance from crime. It draws on data collected from prisoners who participated in arts interventions in three different Scottish prisons. It argues that participating in the arts projects built an active learning culture and encouraged the improvement of verbal and written literacy skills through the use of positive pedagogical approaches. In addition participants learned to work together more effectively, developed self-confidence and were more trusting and supportive because they were working together on intensive projects that they had co-devised. For many prisoners participation in the arts projects constructively challenged and disrupted the negative identities that they had internalised. Their public successes in performances before audiences of significant others opened up new personal and social identities (as artists or performers) that helped them to begin to envision an alternative self that in turn motivated them towards future desistance from crime.

Supporting Desistance in Probation Practice: A Response to Maruna, Porter and Carvalho

The author argues that a major challenge of Maruna, Porter and Carvalho’s paper and other work detailing similar research, lies not only in its questioning of how probation work should be undertaken, but also of how it should actually be conceived. In particular, he considers that this body of work undermines the correctionalist paradigm which often dominates current interpretations of effective practice.

Doing ‘strengths-based’ research: Appreciative Inquiry in a probation setting

This article considers the application of Appreciative Inquiry (AI) as a research methodology in the field of probation research. Although AI has previously been used in prisons research it has not to date been applied to research on probation. In this article we describe why and how AI was applied in an exploratory study of ‘quality’ in probation practice. The article includes some reflections from us as researchers and from the participants in our study (staff in three English Probation Trusts). It is argued not only that AI served our project well (in terms of furnishing us with a wealth of relevant, good quality data) but also that our choice of methodology rendered visible aspects of contemporary probation culture which, we believe, would have remained hidden had we not chosen to explore quality through an ‘appreciative’ lens. It is further argued that in organizations experiencing challenging times, an appreciative stance has ethical as well as instrumental advantages. There are, thus, both instrumental and normative rationales for recommending AI as a suitable approach in probation research.