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Science-fiction visions of dystopian societies, such as Orwell’s Nineteen Eighty-Four, Kurt Vonnegut’s Harrison Bergeron and Philip K Dick’s Minority Report, all three turned into successful films, are increasingly evoked in discussions of changes in society, individual freedoms and state control of criminal justice. These stories, in the eloquent words of Lucia Zedner, tap into our worst fears of:

"..a shift from a post- to a pre-crime society...in which the possibility of forestalling risks competes with and even takes precedence over responding to wrongs done. In consequence, the post-crime orientation of criminal justice is increasingly overshadowed by the pre-crime logic of security. [...] Pre-crime, by contrast, shifts the temporal perspective to anticipate and forestall that which has not yet occurred and may never do so." (2007: 262)

In Predicting Young Criminals, his recent article for CrimeTalk, Sean Creaney is therefore in good company in seeing parallels between Minority Report, with its pre-crime social exclusion of predicted murderers, and the pre-emptive turn in youth justice developments. He reflects on the role of practitioners required to assess the likelihood of young people becoming offenders, using fallible methods, and then to direct them onto youth offending programmes before they have offended. 

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Restorative Justice (RJ) has been described as ‘a global social movement’ (Robinson and Shapland 2008: 337) and provides a powerful alternative paradigm to punitiveness for addressing wrongdoing and harmful behaviour in a range of contexts. However, there are many who believe that the ‘justice’ aspect of the approach is not transferable (or should not be transferred) outside the criminal justice system. The reference to ‘justice’ in the term RJ is frequently changed in work with children where it is common to refer to Restorative Approaches [RAs] (Hayden and Gough, 2010) or Restorative Practices (Sherman and Strang, 2007) – to avoid the taint of the criminalisation process. In the rest of this article, therefore, RAs will be used as the preferred term in relation to work with schools.

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Known by some as merely a location for stag parties and bus tours, Latvia has recently been identified as an unlikely example of an economy bucking the global recessionary trend. This was not always the case. When I was there, between 2000 and 2010, Latvia was overwhelmed by the complexities associated with the nearly 5 decades of Soviet occupation. Banking crises, calls for currency devaluation, and a lack of political stability contributed to economic insecurity and growing income inequality. International interactions led to calls for prison and probation reform to provide ‘evidence-based’ alternatives for those in conflict with the law. Despite widespread concerns about prison conditions, economic challenges and a lack of naational political will hampered early justice reform efforts.

Ironically, it is precisely theses economic challenges that may have contributed to the success of a community-based justice reform model in Latvia. This approach may be relevant for other countries emerging from autocratic regimes in the Middle East and North Africa (MENA). While simplistic comparisons must be resisted, local and participatory processes can begin dialogue and debate about the proper role of law in society. These conversations can serve as a precursor to more meaningful democratic reform.

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The film Minority Report (2002) tells the story of a “pre-crime unit” who predict the criminals of the future, and before they commit the crime punish them. Law enforcement officials intervene and prevent the crime from taking place. The “potential offender” is then punished for the act they were going to commit. Of course, this is not real-life and seems far-fetched. However, this way of thinking does resonate with current practice models in youth justice. 

All too often, young people are judged on what they are thought capable of doing rather than what they have done in respect of deviant/criminal behaviour. This article explores the impact of this type of practice with (potential) young offenders and draws upon the now somewhat unfashionable labelling theory to contend that intervention can cause more harm than good.

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Thursday, May 23, 2013
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