Michael J. Gilbert

The Illusion of Structure: A Critique of the Classical Model of Organization and the Discretionary Power of Correctional Officers

This article provides a substantive critique of the classical model of organization used by most prisons. The classical model is viewed as inconsistent with both the inherent discretionary power of correctional officers and the operational realities of prison work. Furthermore, the author argues that the classical model fails to guide correctional officers in the exercise of their discretionary power. A conceptual basis for understanding individual discretionary power is developed using Muirs typology (1977) of police work styles (i.e., professionals, enforcers, reciprocators, and avoiders). Behavioral descriptors of these work styles are compared for police and correctional officers. A plausible theoretical basis for generalizing from Muirs typology of police work styles to correctional officers is provided. The philosophical and theoretical foundations for the exercise of bounded discretionary power by governmental officials is presented with a general model of discretionary behavior. Several inferences are drawn for the future of prison administration.

The Next Step Indigenous Development of Neighborhood-Restorative Community Justice

The challenge for modern crime-control policies is that they must work simultaneously across multiple environments within communities that are characterized by overlapping needs, issues, and service providers. Policy responses to crime must do more than capture and punish criminals, because crime is a deeply embedded social problem, and effective crime control requires more than a traditional justice system can offer. This article explores the effect of blending the theoretical underpinnings of restorative and community justice as an indigenous product of neighborhoods. Indigenous neighborhood processes may be able to address institutional and social structure problems to improve the quality of life for area residents and restorative outcomes for victims, the community, and the offender.

Globalization of criminal justice in the corporate context

Globalization, the rising of an economy outside the paradigm of government by nation-states, has created new opportunities for transnational corporate crime, defined broadly here as avoidable harms inflicted across national borders for purposes of economic gain. The authors reexamine theories of corporate criminal liability in the transnational context and applaud the recent French codification of corporate criminal liability in terms broad enough to encompass the new economic realities. Finally, they examine the inability of current adjudicative fora to effectively assert jurisdiction over transnational corporations and suggest that the harms associated with toxic waste spills, unethical marketing practices, and other corporate misconduct are more ubiquitous and dangerous than the harms of terrorism and war crimes that have captured the attention of the emerging global civil society.

‘Joe everyday, people off the street’: a qualitative study on mediators’ roles and skills in victim–offender mediation

This qualitative study examined multiple perspectives of participants who experienced a Victim–Offender Mediation (VOM) program in a Midwestern city in the United States. Of particular interest are the roles and skills of mediators. Data consisted of 34 face‐to‐face interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators and representatives from referring agencies. Insider perspectives regarding the roles and skills of the mediators in restorative processes were revealed through personal stories. Although the majority of the participants reported that the roles and skills of mediators were consistent with restorative justice principles, this exploratory study also revealed that some roles and skills exhibited by mediators were inconsistent with restorative justice values, which shows the variance of ‘real world’ restorative justice. Recommendations are made to promote mediators’ roles and skills that are compatible with restorative justice principles.

Teaching restorative justice: developing a restorative andragogy for face-to-face, online and hybrid course modalities

Teaching restorative justice in an academic setting is different from teaching almost any other academic course. Courses taught in the context of academic criminal justice programs tend to reinforce the structural inequalities in society, replicated and reinforced by instructor driven classroom experiences. In contrast, effective teaching of restorative justice should emulate the values of principles of restorative justice in the organization and management of the course. Teachers of restorative justice must ‘walk the talk’ and apply restorative principles and values to the design and delivery of the course itself. A conceptual framework for ‘restorative andragogy’ is developed that blends principles and values of adult learning with those of restorative justice. Four principles of this approach are identified and applied across three instructional modalities – face-to-face, online only, and hybrid courses. This approach provides a theoretically grounded model for effective teaching of restorative justice courses.

Truman's revenge : Social control and corporate crime

Many criminologists have found that corporate crime does more harm than street crime, whether measured by property lost, money stolen, or lives taken. Yet, public concern about crime is almost exclusively focused on street crime and “just deserts” for the offender. The authors argue that corporate criminality is more likely than individual criminality to be planned and subjected to cost/benefit analysis than street crime and therefore more likely to be deterred by raising the costs of corporate criminality. The Model Penal Code is used to demonstrate that both individual and corporate crime produce a comparable array of avoidable harms. Public policies that demand just deserts for individual offenders (natural persons) are revealed as highly inconsistent with policies that protect corporations (juristic persons) from accountability for the harms they create. A philosophical and legal foundation for corporate crime control strategies is provided. The authors propose a sanctions regime for corporate criminals comparable to the sanctions regime imposed on natural persons for street crimes. Strategies to avoid risk shifting by corporations are suggested.