Introductory description

Is our criminal justice system fair, delivering justice on behalf of society, or is it in crisis? The recent Post Office scandal, the disproportionate stop and search of minoritised groups, the dismantling of criminal defence funding and court delays of more than 2 years are symptomatic of deep-seated problems in our criminal process. What does this tell us about the politics of criminal justice and the values it seeks to promote? Is this about funding, wider legal and occupational cultures, or a combination of politically driven policies? How should we approach legal change? What can we learn from other legal systems? Do we have a coherent model around our process or fair trial, around which legal reform can be built? Is there a time when the criminal process was not in crisis? This module will take a critical, socio-legal and research-led approach to exploring current issues in criminal justice, locating discussion within the context of criminal justice policy and the values that have shaped it over the last half century.

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Indicative outline of lecture content

1. Introduction to context, topics & approach; legal actors; procedural models
2. Justice online. Fair trial, efficiency and administrativisation
3. Dismantling the defence - from police station to trial
4. Disproportionate policing; police-community engagement; creative approaches
5. Abolitionism, defunding the police - issues in the US and UK following Black Lives Matter movement
6. Miscarriages of justice - causes, Malkinson, Post Office, CCRC role, compensation, innocence
7. Attrition rates in rape complaints; treatment of victims; trials
8. The disappearance of the criminal trial and legal actors' role in it
9. Crime, Justice, Policy & Reform: From crisis to Royal Commission and Inquiry - what changes?

Learning outcomes

By the end of the module, students should be able to:

• Understand different models of justice eg due process/crime control; adversarial/inquisitorial
• Develop their independent research and writing skills to provide an evidence-based critical analysis of current criminal justice issues
• Evaluate legal and social science research studies, and a range of policy and practice materials and use these appropriately to support debate and critical analysis
• Situate current crime and justice issues within wider debates around eg managerialism and efficiency, and assess the impact of this on wider fair trial rights and accounts of justice

Indicative reading list

eg of reading for week covering: Abolitionism, defunding the police.

Jennifer Fleetwood, John Lea (2021). Defunding the police in the UK: Critical questions and practical suggestions. The Howard Journal of Crime and Justice, 61,2, (167-184)

Megan McElhone, Tom Kemp, Sarah Lamble, J.M. Moore (2023) Defund – not defend – the police: A response to Fleetwood and Lea. The Howard Journal of Crime and Justice, 62,2 (277-282)

Jennifer Fleetwood, John Lea, (2023). Not if – but how – to defund the police: Response to our critics, The Howard Journal of Crime and Justice, 62, 2, (283-285)

Research element

Students will be expected to conduct their own research into relevant materials and generate a bibliography

Interdisciplinary

The module will draw on and expect students to be confident handling a wide range of legal, socio-legal, empirical, comparative and policy material

International

There is a modest comparative element to the module

Subject specific skills

• Understanding and analysis of legal procedural and theoretical models
• Critical understanding of contemporary issues and debate within criminal justice
• Ability to locate debate on key criminal justice issues within context of different policy discourses and agendas for reform

Transferable skills

• information literacy: Searching, selecting, understanding and using independent research of legal, empirical and social science materials to support argument and analysis
• critical thinking: identifying, interpreting, synthesising, contextualising and analysing a wide range of literature and information sources to explore evidence-based argument from different viewpoints
• digital literacy: IT skills in researching materials
• teamwork: managing tasks and overcoming obstacles in a team to collaborate in problem solving