Exploring the dynamics of compliance with community penalties

Gwen Robinson · Fergus McNeill

160 citations0/0 files storedTheoretical Criminology

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Criminal Justice and Penology Criminal Law and Policy Criminal Justice and Corrections Analysis

Abstract

In this paper, we examine how compliance with community penalties has been theorized hitherto and seek to develop a new dynamic model of compliance with community penalties. This new model is developed by exploring some of the interfaces between existing criminological and socio-legal work on compliance. The first part of the paper examines the possible definitions and dimensions of compliance with community supervision. Secondly, we examine existing work on explanations of compliance with community penalties, supplementing this by drawing on recent socio-legal scholarship on private individuals' compliance with tax regimes. In the third part of the paper, we propose a dynamic model of compliance, based on the integration of these two related analyses. Finally, we consider some of the implications of our model for policy and practice concerning community penalties, suggesting the need to move beyond approaches which, we argue, suffer from compliance myopia; that is, a short-sighted and narrowly focused view of the issues.

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References

2006Why People Obey the Law 1992Responsive Regulation 1991The Legitimation of Power 1992Responsive regulation: transcending the deregulation debate 2002Trust in the Law: Encouraging Public Cooperation with the Police and Courts 2003Procedural Justice, Legitimacy, and the Effective Rule of Law 1993Defiance, Deterrence, and Irrelevance: A Theory of the Criminal Sanction 2007Organized Uncertainty

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2013Punishment in Society: The Improbable Persistence of Probation and Other Community Sanctions and Measures 2014Turning defiance into compliance with procedural justice: Understanding reactions to regulatory encounters through motivational posturing 2020Moving from a compliance‐based to an integrity‐based organizational climate in the food supply chain 2011Punishing Poverty: The ‘Scaled Approach’ and Youth Justice Practice 2014Punishment as moral communication: The experiences of long-term prisoners 2012

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