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46 Prob. J. 2 (1999)

handle is hein.journals/probj46 and id is 1 raw text is: 





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The  Scarman  report warned  in the early 1980s that many black people  believed racist
white offenders could offend against them with impunity, without having to face a rigorous
criminal justice response. The recently published resource pack for agencies working with
racially motivated offenders, 'From Murmur   to Murder'  - to be reviewed  in the June
edition of Probation Journal  - has received considerable publicity in the press and is
evidence of the increasing commitment of probation services to a co-ordinated response to
such offending. It notes that positively tackling such offenders is not only essential for
reasons of ethics and public protection, but also - in an echo of Scarman's analysis of the
riots - because it may help to limit resort to aggressive self defence (p.17) by young
people who  have lost faith in the ability of criminal justice agencies to protect them.
Given this context, how do probation practitioners and others in the Criminal Justice System
deal with people who  express racist views? One  of the central recommendations of the
Home   Office research study 'Perpetrators of Racial Harassment and Racial Violence' (see
Probation Journal  45 (1) March  1998)  was that criminal justice and other community
agencies should adopt a pro-active approach to racist offending. It was envisaged that this
would  involve addressing the general attitudes of potential perpetrators of racial harassment
and violence, with the aim of preventing them from  actually committing racist offences.
However,  this report also suggested that, beyond invoking disciplinary procedures, probation
workers were  not ready to uncover or actively address the views of offenders expressing
racist attitudes. So what has changed?
Taking an optimistic view, it may be that leading to Stephen Lawrence's murder and the
subsequent mishandling  of the investigation will be a watershed, the development of more
constructive responses to racially motivated crime by British criminal justice agencies.
While  the Police have come  in for much criticism, the implications of this case spread
wider, and include a need  for a more focused approach  by the Probation Service. The
Crime and Disorder Act 1998 includes new provisions entailing significantly higher penalties
for racially aggravated assault, harassment and public order offences. Consequently, it is
likely that probation staff will come into greater contact with such offenders.
Yet, as this editions Reflections piece, Working With Racially Motivated Offenders, asks,
are we  ready for the increasing numbers of racist offenders on our caseloads following
implementation  of the Act? This  short article tackles the heart of the debate amongst
probation officers about the propriety of engaging with racist offenders and members of
racist/fascist organisations. It suggests that we are far from ready for the challenge which
the Lawrence  inquiry is laying at the door of every agency which is in a position to reduce
the prevalence of such crimes.
The similarity of such issues to those raised in the ongoing debate on approaches to domestic
violence (see Work With Men Who  Are Violent To Their Partners in this edition), is striking.
This Journal would welcome  a similarly dynamic discourse on racially motivated offending,
as well as other aspects of probation work in future.
Finally, the next edition will see the long awaited extended Special Issue on mental disorder
and offending and the launch of the new 'perfect bind' Journal, as the recent process in evolution
in style and format is drawn to a close. It will be of much interest to people in all agencies
working  with mentally disordered offenders. As ever, contributions and comments relating
to the contents of the current or other recent issues of Probation Journal are very welcome.


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