Hazel Kemshall RMA 28/01/09 Defensible Decisions for the OLR Hazel Kemshall Professor of Community and Criminal Justice, DMU.

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Presentation transcript:

Hazel Kemshall RMA 28/01/09 Defensible Decisions for the OLR Hazel Kemshall Professor of Community and Criminal Justice, DMU

Hazel Kemshall RMA 28/01/09 Key Ethical and Professional Issues Defensible Decisions Transparency and accountability Evidential Proportionate Balanced

Hazel Kemshall RMA 28/01/09 A defensible decision All reasonable steps have been taken Reliable assessment methods have been used Information is collected and thoroughly evaluated Decisions are recorded-transparent etc. Staff work within agency procedures Actively seek information/investigative

Hazel Kemshall RMA 28/01/09 What are all reasonable steps? Risk assessments updated Proper allocation of cases Well matched RM plans Deliver with integrity Respond to esc and det risk Swift enforcement Prompt action Clear responsibility

Hazel Kemshall RMA 28/01/09 How might research and evidence change our views? E.g… How might you justify infringing the liberty or privacy of people on the basis of what they might do, rather than on what they have done? The prediction of risk of harm is notoriously poor. Some say courts could be imprisoning 2 innocent people for every 1 guilty. Does this alter your response to Q. 1? Research indicates paedophiles have a high rate of recidivism and are very resistant to change. Does this alter your response to Q. 1?

Hazel Kemshall RMA 28/01/09 Risk versus Rights Safety and prevention predominate Victims and potential victims have rights Controlled disclosure Proportionate, just and fair A growing compulsion to ensure compliance and protection

Hazel Kemshall RMA 28/01/09 What has been challenged? Disproportion- e.g. ECHR ruling on English Police Data Base Lack of evidence or rigour for risk assessment Plans that are over-intrusive, too wide ranging Not targeted at a specific risk

Hazel Kemshall RMA 28/01/09 Balance Holistic, rehabilitation and risk, GLM Behavioural contracts and approach goals The ‘balance’ between victims/public and offenders is not a see-saw Overarching value and objective of protection within which the offender has a place

Hazel Kemshall RMA 28/01/09 Questions What ethical and professional risks do we run by not meeting ‘all reasonable steps’? Can practitioners move from a ‘see-saw’ understanding of balance to understanding balance as part of an ‘umbrella of public protection’?