Criminal Justice Policy, Values and Knowledge
The scenario is the autumn of 2020 and a newly elected government is preparing a white paper on criminal justice policy. This document will set out the government’s prioritized goals and/or values for criminal justice policy in England and Wales and will propose recommendations for changes in the law and policy related to criminal justice. A central purpose of the paper is to set out both a values and a knowledge (or research) base for criminal justice policy.
As a lawyer with an interest in criminology you have been asked to draft one section of the paper dealing with a particular topic. You should select ONE of the following areas:
• “Restorative justice in sentencing” • “Working towards prison abolition” • “Restoring public confidence in policing services” • “Using technology to prevent crime” • “Achieving justice through diversion for young people”
Your brief (in no more than 3000 words) is to:
(i) Describe the social, political and legal context of the topic – what is the problem and why is the current law and policy inadequate? (ii) Briefly outline the general assumptions, underlying values and instrumental goals guiding the white paper’s proposals for criminal justice policy – what goals and values are you, as a policy maker, choosing to prioritise? (iii) Identify and review the implications for policy and practice of research knowledge with respect to your particular topic – in what way are you, as a policy maker, drawing on academic and criminological research, official data and theories of crime and punishment to inform your solution to the problem? (iv) Identify the key policy choices – what could you do, as a policy maker, to solve this problem? Are there a number of options? What are the advantages and disadvantages of pursuing these different options? (v) Propose and justify a particular agenda for reform – which policy choice are you going to pursue and why? How will this reform be implemented? What are the risks involved? What are the advantages of your proposal? How will your reform proposal impact on the work of practitioners in the criminal justice system? How much will it cost? Will the public support this reform or will it attract criticism?
If you decide to look at earlier white papers, it is suggested that you look at papers from a variety of era’s – the style differs considerably in different decades. A selection of white papers from 1968, 1990 and 2011 are available on Moodle.
You may wish to consider the following advice on the appropriate drafting of a white paper:
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“Achieving a good white paper has always been something of a struggle, but parliament, the public and those directly affected would gain if such public documents again tried to explain the problem demanding change; set out alternative solutions; set out the pros and cons of each; and lastly give reasons for the solution chosen. Writing clearly so that ordinary people can understand complex issues would also help promote active democracy.
Media handlers and special advisers are not the right people to do this job. Departments need enough accurate information and objectively minded officials with drafting skills, closely involved in policy formation and trained to produce well-argued and evidenced papers. Only then can parliament, the media and concerned sections of the public scrutinise policies and laws effectively.” (Guardian 26 March 2005, 28-9).
It is for you to decide how to present your work, although it must be fully referenced using the OSCOLA referencing system. You are strongly advised to read the guide to OSCOLA on Moodle.
