Rethinking What Works with Offenders When it was published twenty years ago, Rethinking What Works with Offenders made a major contribution to criminological knowledge on why people stopped offending, and the impact the probation service had on the desistance process. Unlike other studies that had relied on official conviction data, it was the first to make use of self-reported data, including interviews with men and women on probation, and their supervising Probation Officers. It reconceptualised probation outcomes in terms of degrees of success rather than as ‘successful’ or ‘unsuccessful’ and offered important policy implications of these conclusions. The Twentieth Anniversary edition contains the original text along with a new Foreword by Shadd Maruna and Fergus McNeill, locating the book historically and assessing its continued importance to Criminology. It also includes a new chapter by the author reporting on the key findings of the follow-up interviews in 2004 and 2010–12, reflecting on key developments in the field and developing a theory of assisted desistance. Furthermore, it features four new commentaries from Mark Halsey, Isabelle F.-Dufour, Martine Herzog-Evans and José Cid reflecting on the importance and legacy of the book. This book presents an important and challenging range of findings on ‘what works’ in probation and with offenders and remains essential reading for anybody professionally concerned with the present and future of probation. Stephen Farrall is Professor of Criminology at the University of Derby, having previously been Professor of Criminology at the University of Sheffield (2010–2018). As well as his research on desistance from crime, he is well known for his work on the fear of crime and his studies on the long term impacts of Thatcherite social and economic policies on crime. International Series on Desistance and Rehabilitation The International Series on Desistance and Rehabilitation aims to provide a forum for critical debate and discussion surrounding the topics of why people stop offending and how they can be more effectively reintegrated into the communities and societies from which they came. The books published in the series will be international in outlook, but tightly focused on the unique, specific contexts and processes associated with desistance, rehabilitation and reform. Each book in the series will stand as an attempt to advance knowledge or theorising about the topics at hand, rather than being merely an extended report of specific a research project. As such, it is anticipated that some of the books included in the series will be primarily theoretical, whilst others will be more tightly focused on the sorts of initiatives which could be employed to encourage desistance. It is not our intention that books published in the series be limited to the contemporary period, as good studies of desistance, rehabilitation and reform undertaken by historians of crime are also welcome. In terms of authorship, we would welcome excellent PhD work, as well as contributions from more established academics and research teams. Most books are expected to be monographs, but edited collections are also encouraged. General Editor Stephen Farrall, University of Derby Editorial Board Ros Burnett, University of Oxford Thomas LeBel, University of Wisconsin-Milwaukee, USA Mark Halsey, Flinders University, Australia Fergus McNeill, Glasgow University Shadd Maruna, Queens University, Belfast Gwen Robinson, Sheffield University Barry Godfrey, University of Liverpool Prison Education and Desistance Changing Perspectives Geraldine Cleere Rethinking What Works with Offenders Probation, Social Context and Desistance from Crime Stephen Farrall Transitions Out of Crime New Approaches on Desistance in Late Adolescence Catalina Droppelmann For more information about this series, please visit: www.routledge.com/ criminology/series/ISODR Rethinking What Works with Offenders Probation, Social Context and Desistance from Crime Twentieth Anniversary Edition Stephen Farrall Second edition published 2022 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2022 Stephen Farrall The right of Stephen Farrall to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. First edition published by Willan 2002 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-0-367-69896-6 (hbk) ISBN: 978-0-367-69900-0 (pbk) ISBN: 978-1-003-14378-9 (ebk) DOI: 10.4324/9781003143789 Typeset in Palatino by Apex CoVantage, LLC In memory of Roger Hood (12 June 1936–17 November 2020). Contents Contents List of tables and figures ix Acknowledgements xiii Acknowledgements for the twentieth anniversary edition xvii Foreword xix Foreword to the twentieth anniversary edition xxi Part 1 Introduction 1 1 Probation, social context and desistance from crime: introducing the agenda 2 Realism, criminal careers and complexity 31 3 The study 45 Part 2 Probation, motivation and social contexts 3 61 4 Defining ‘success’ 63 5 The focus of probation 71 6 Resolving obstacles: the role of probation supervision 85 7 Motivation and probation 99 8 Probation work: content and context 116 9 Motivation, changing contexts and probation supervision 145 vii Contents Part 3 Persistence and desistance 171 10 Desistance, change and probation supervision 173 11 The factors associated with offending 193 Part 4 Conclusions 205 12 Probation, social context and desistance from crime: developing the agenda 207 13 Rethinking . . . 20 years later: what happened next? 231 Commentaries Reflections on Rethinking What Works with Offenders by Mark Halsey 259 A commentary on Rethinking What Works with Offenders by Isabelle F.-Dufour 264 A commentary on Rethinking What Works with Offenders by Martine Herzog-Evans 274 From ‘what works’ to desistance in probation? A commentary by José Cid 282 Appendix 288 References 291 Index 303 Case index 306 viii Tables and figures Tables 3.1 Problematic circumstances at the time of the offence: probationers’ reports 3.2 Sample characteristics: gender 3.3 Sample characteristics: age 3.4 Sample characteristics: ethnicity 3.5 Sample characteristics: length of order 3.6 Sample characteristics: main offence 3.7 Sample characteristics: previous convictions and custody 3.8 Sample characteristics: age and gender 3.9 Attrition rates: offence type (%) 3.10 Attrition rates: age and gender 4.1 Offending whilst on probation (those seen to the end of their orders) 4.2 Amount of offending whilst on probation (those seen to the end of their orders) 4.3 Desistance (those seen to the end of their orders) 4.4 Desistance (all) 5.1 Obstacles to desistance 5.2 Officer–probationer pairs: obstacles to desistance 5.3 Proposed methods for tackling the obstacle: officers’ reports 6.1 The extent to which obstacles were successfully resolved 6.2 Desistance by obstacles: probationers’ reports 6.3 Methods used to tackle sweep-one obstacles: officers’ reports 46 49 49 49 49 50 50 51 52 52 64 64 66 66 74 75 78 85 87 88 ix Tables and figures 6.4 Resolving obstacles: officers’ reports 6.5 Intervention styles sweep-one obstacles: officers’ reports (numbers, with percentages in parentheses) 6.6 Resolving obstacles: probationers’ reports 6.7 Intervention styles sweep-one obstacles: probationers’ reports (numbers, with percentages in parentheses) 7.1 Motivation and expectation to desist 7.2 Changes in motivation throughout the order 7.3 Motivation groups’ criminal histories at start of order 7.4 ‘Problematic’ circumstances at the time of the offence: probationers’ reports (%) 7.5 Obstacles identified by officers and probationers 7.6 Was the obstacle resolved? 7.7 Working styles used to tackle obstacles identified at sweep one 9.1 Probationer’s ‘biggest single’ life change since the previous interview 9.2 Resolving employment and family obstacles: main instigator of solution and amount of help given by officer 9.3 Main actor in overcoming obstacles by motivation 10.1 Desistance (all) 10.2 Desistance by motivation 11.1 Offending by motivation 11.2 Concordance of offending 11.3 Factors associated with offending: final models 11.4 Type of offending by motivation 11.5 Amount of offending by motivation 11.6 Factors associated with the amount of offending: summary 11.7 Factors associated with the amount of offending: final models A1 Variables associated with desistance from logistic regression analyses 89 91 92 94 100 101 103 104 106 107 108 146 161 163 173 174 195 196 197 199 200 201 202 288 Figures 7.1 Motivation, obstacles and desistance: probationers’ reports 7.2 Motivation, obstacles and desistance: officers’ reports 9.1 Motivation, obstacles and social contexts: probationers’ reports x 110 111 165 Tables and figures 9.2 Motivation, obstacles and social contexts: officers’ reports 12.1 Motivation, obstacles and desistance: probationers’ reports 12.2 Motivation, obstacles and social contexts: probationer’s reports 13.1 Assumed model of impact 13.2 Possible model of impact? 13.3 Structural and Individual Level Processes and Criminal Careers 13.4 Model of Impact of Assisted Desistance in Formal Settings 166 209 210 233 234 236 242 xi Acknowledgements Numerous people assisted in the lumbering development of both the fieldwork and the analysis. In helping to smooth the transition from ‘research design’ to a ‘workable project’, management staff in each of the probation services from which the cases were recruited played an essential part. I would like to express my immense thanks to all the following for their invaluable assistance in helping to set up the project: Mike Frost, Rachel Murphy and Ros Harper (Middlesex Probation Service); Chris Wheeler (Wiltshire Probation Service); Imogen Brown (West Yorkshire Probation Service); Gerry Marshall, Steve Stanley and Pauline Durrance (Inner London Probation Service); John Budd and Martin Wargeant (Essex Probation Service); and Christine Knott, Andrew Underdown and Linsey Poole (Greater Manchester Probation Service). Senior and main-grade probation officers played an especially important part in enabling the research to be completed: not only were they interviewed themselves, but they recruited probationers into the study and often went to extraordinary lengths to assist the efforts made to trace and secure interviews with probationers. The fieldwork could not have been completed without the assistance of all those working in field offices and it is a testament to the work of probation services that, in addition to their already burdensome workload, staff found time to return calls, arrange interviews and deal with the day-to-day running of a project of this size and nature. Those working in other sectors of the criminal justice system – most notably in prisons and hostels – must also be thanked for their efforts in helping to secure interviews with probationers. At the Probation Studies Unit (PSU) and the Centre for Criminological Research (CCR) at Oxford University, Ros Burnett and Roger Hood xiii ix Rethinking What Works with Offenders Acknowledgements assisted greatly in the design of the project and very much influenced the ‘tone’ of the research. Roger also had the thankless task of supervising me – a task which he completed with both good grace and humour despite my tendency to focus on the wrong thing or to miss the point completely. If Roger can ever bring himself to read this book again – and it would be entirely understandable if he cannot – he will notice much which is in no small part due to his own insights and approach to the topic. Similarly, Ros Burnett, Colin Roberts and Richard Young were kind enough, or felt sorry enough, to read drafts of entire chapters along the way. The thesis upon which this book is based was examined by George Mair and Carolyn Hoyle, and I thank them both for the interest with which they discussed the work and their helpful and supportive comments. Conversations with successive generations of PSU and CCR staff were also insightful, and accordingly I thank Gwen Robinson, Kerry Baker, Giok Ong, Ilona Haslewood-Pocsik, Louise Harsent, Colin Roberts and David Faulkner for their observations on probation supervision, and Richard Young, Carolyn Hoyle, Kimmett Edgar, Ian O’Donnell, Ben Goold, Catherine Appleton, Aidan Wilcox and Carol Martin for their observations on a number of topics ranging from current trends in penology to the latest developments in the football transfer market and the EU. Colleagues associated with the PSU, namely, Lady Stephanie North, Simon Merrington and Chris May, provided further comments and encouragement as a final draft was produced. Anne Worrall (at Keele University) also deserves a mention of thanks for taking the time to discuss the emergence of the National Probation Service with me. Thanks are also due to Michael Spence (at Saint Catherine’s College) for arranging for the college to pay for my attendance at the British Criminology Conference in 1999 and a further conference on analysing reconviction data held at Cambridge University in the spring of 2000. The project employed a large number of part-time research interviewers to assist with the fieldwork and I thank, in no particular order, all of the following for their efforts during the fieldwork: Jan Appleton, Tony Bullock, Angela Coster, Carol Dowling, Venetia Evergeti, Susan Hill, Amy Horwell, Jamie Kinniburgh, Stuart Lister, Sarah Maltby, Ilona Haslewood-Pocsik, Anne Reuss, Paul Andell, Ejaz Ahmed, Celia Witney, Krishna Kaur, Tom Letchner, Gareth Rees, Kathryn Smith, Rachel Condry, Dawn Gordon, Janet Lee, Lucy Spurling, Ros Harper, Pauline Durrance and Pauline Wilson. The interviews were transcribed by a number of people. Margit Kail, Hannah Bichard and Christine Holder made excellent work of transcrixxiv Acknowledgements bing all those taped interviews I either could not find the time to do myself or simply could no longer face. Similarly, Sylvia Littlejohns and Steve Ballinger – as administrators at the Centre for Criminological Research – have provided fantastic support in dealing with the payment and travel claims generated by the fieldwork. Hannah Bichard deserves an additional special mention of thanks for getting me out of numerous computer-assisted disasters. Away from Oxford, conversations with Ben Bowling, Shadd Maruna, Sue Rex, Paul Crosland and Simon Merrington helped me to ‘think about’ desistance, probation supervision and – in the end – desistance and probation supervision. My final thanks must naturally be to the two hundred men and women who took the time and effort to explain in detail how their time on probation and the changes in their lives had either helped or prevented them from staying out of trouble. Without their insights this book would not exist. Stephen Farrall xv xi Acknowledgements for the Twentieth Anniversary Edition Acknowledgements The thanks and acknowledgements I gave at the outset remain, of course. However, over time I have come to recognise, perhaps in keeping with those whose lives I have studied, just how much I owe to my former and current colleagues, friends and the wider criminological community. Adam Calverley did the bulk of the interviews during the fourth sweep, and was involved in some of those during the fifth sweep too, as were Gilly Sharpe and Ben Hunter (who did the Lion’s share of the fifth sweep interviews) – and I would like to thank them for the superb interviews which they completed. I would especially like to thank Fergus and Shadd for their Foreword, and moreover for their enthusiasm for the project and some of the ideas which I have tried to extract from it. I owe a lot to their insights into the topics of probation and desistance. Isabelle, Mark, Martine and Pepe were kind enough to produce very thoughtful reflections on the original book, and I thank them all for re-reading the original book. All of commentaries, I think, help to locate the book and what it tried to achieve far better than I ever could. As well as conversations with them over the years, I have enjoyed and learnt much from conversations and writing projects with Joanna Shapland, Tony Bottoms, David Gadd, David Best, Gwen Robinson and Susan McVie. I dedicate this edition to the late Roger Hood, who served as my D.Phil. supervisor, boss and general mentor, and who shaped the project and the analyses in numerous ways. His kind, gentle and generous approach to both academic life and supervision will be sorely missed by all who had the privilege of working with him. Stephen Farrall xvii Foreword Foreword By By Christine Christine Knott Knott (Chief (Chief Officer, Officer, Greater Greater Manchester Manchester Probation Probation Area) Area) In this In this important important new new book book Stephen Stephen Farrall Farrall explains explains thethe reasons reasons why why offenders offenders desist desist from from offending, offending, using using their their own own perspectives perspectives andand accounts. accounts. In his In his own own words, words, he he aims aims to‘open to‘open probation’s probation’s black black boxbox andand to discover to discover what what it isitabout is about probation probation thatthat works’. works’. In its In its useuse of outcome of outcome measures, measures, thethe book book goes goes well well beyond beyond thethe ‘blunt ‘blunt instrument’ instrument’ of of reconviction reconviction andand attempts attempts to to understand understand reoffending, reoffending, rather rather than than simply simply record record whether whether it has it has occurred occurred or not. or not. Farrall Farrall contributes contributes both both to to what what wewe know know about about thethe outcomes outcomes of of probation probation supervision supervision andand why why people people stop stop offending. offending. TheThe book book describes describes research research thatthat began began in in 1997 1997 andand which which waswas jointly jointly commissioned commissioned by by six six Probation Probation Areas. Areas. TheThe research research waswas undertaken undertaken andand published published at aattime a time of unprecedented of unprecedented change change forfor thethe Probation Probation Service Service both both nationally nationally andand locally. locally. It deals It deals with with offenders offenders who who livelive in some in some of the of the most most deprived deprived inner inner citycity areas areas in the in the country, country, to some to some of the of the more more rural rural areas. areas. TheThe research research identifies identifies thethe common common factors factors of poverty, of poverty, unemployment, unemployment, andand unstable unstable housing housing which which areare all all tootoo familiar familiar to to those those of of us us who who have have spent spent ourour lives lives working working with with offenders offenders to reduce to reduce their their criminality. criminality. Towards Towards thethe endend of of thethe book, book, Stephen Stephen Farrall Farrall introduces introduces thethe aimaim of of ‘increasing ‘increasing offenders’ offenders’ personal personal andand social social capital’ capital’ as as a a measure measure of of successful successful supervision, supervision, which which in in mymy view view is is exactly exactly what what cognitive cognitive behavioural behavioural programmes, programmes, basic basic skills skills courses, courses, res-resolution olution of of family family conflict conflict andand improved improved social social conditions conditions – all – all of ofwhich whicharearecomponents componentsof ofthethemodern moderncommunity communitysentence sentence – are – are seeking seeking to to achieve. achieve. TheThe author’s author’s observation observation andand description description of of thethe processes processes of of desistance desistance makes makes an an important important contribution contribution to to thethe current current debates debates about about reducing reducing reoffending, reoffending, with with its its heavy heavy emphasis emphasis on on targets targets andand ‘instant ‘instant success’. success’. It also It also emphasises emphasises thethe xix xiii xiii Rethinking What Works with Offenders Foreword uniqueness of the contract between the probationer and the supervisor(s) in the drive to reduce and prevent reoffending. Since the research began, inevitably, some practices have changed. There is far greater availability of groupwork programmes, now externally accredited, than when Stephen’s field work commenced. However, the story behind the practice, in the way described in the book, has not changed. Note also the offenders’ views that as the more involved they become in the criminal Justice system, the more pessimistic they are about their likelihood of reducing offending. It must be the aim of all of us who practice with the Criminal justice system to reverse these trends. Practitioners will not be surprised by the findings of this research. I believe it will help all of us to improve our understanding of offenders and their interaction with probation supervision. The research highlights the importance of motivation in ensuring desistance and as such emphasises the need for Probation supervision to nurture this. There is also a coherent argument for the importance of dealing with community issues to prevent further offending – this must surely beg the question of the effectiveness of short prison sentences in reducing reoffending. As a practitioner, rather than an academic, to me the true test of good research is its ability to inform the future as much as its ability to describe the past. In my view, Stephen Farrall has ably achieved both and the value of the findings seem even more relevant at the time of publication than when we originally identified the need for the research. This book provides some interesting challenges to both practitioners and policy makers in the world of probation and community sentencing. I hope it serves to open up further research opportunities into some of these very important arenas. It certainly extends our evidence base, from which we draw, to make important decisions about the likes of offenders, and which could have an even greater impact on the lives of potential victims. Christine Knott, July 2002 xx xiv Foreword to the Twentieth Anniversary Edition Fergus McNeill and Shadd Maruna In the 1975 song ‘Dignified and Old’, Jonathan Richman, the 23-yearold frontman for the proto-punk band, the Modern Lovers, made an unlikely sounding prediction to his youthful followers: ‘Hey kids, someday we’ll be dignified . . . and old’. Remarkably, decades later, the lyric proved prophetic with both Richman and the ‘kids’ of 1975 sliding into the mainstream of middle-aged respectability and, frankly, old age. Despite this story playing itself out thousands of times over, it never seems to fail to surprise each new generation of awkward, young rebels. They, too, will one day be ‘dignified and old’ – for better and for worse. This is the story of desistance from crime, of course, but it is also the story of desistance research, which is entering its third decade with this Twentieth Anniversary Edition of Rethinking What Works. It may be difficult to appreciate this from the current vantage point, but two decades ago, when Rethinking What Works and the wider desistance ‘movement’ burst onto the criminological scene, it too was a scrappy, young rebel taking on the bigger, older establishment. Of course, Stephen Farrall was already establishing himself with research on the ‘fear’ of crime in journals like the British Journal of Criminology with the late Jason Ditton and other colleagues, but he was very much still a junior researcher fresh out of a sort of apprenticeship in desistance research with Ben Bowling and John Graham. As a reworking of his 2001 Oxford D.Phil. published by what was then a fledging, independent publisher (Willan Books, now incorporated into Routledge), Rethinking What Works might have been expected to suffer the fate of so many PhD projects converted into books and collecting dust in a warehouse somewhere in rural Devon. xxi Foreword to the anniversary edition After all, as it declared in its audacious title, this upstart book was completely and confidently out-of-step with the then-reigning model of probation work in the UK and internationally. Having suffered its infamous crisis in the 1970s and ’80s, rehabilitative work had only recently acquired the rather immodest label of ‘what works’. Of course, as the upstart pointed out, rehabilitation’s redemption had come at quite a price. Critical thinkers in probation and criminal justice had already begun to question the all-too-convenient narrowness of ‘what works’. Its insistence that those then labelled ‘offenders’ possessed ‘deficits’ that could be corrected via cognitive behavioural treatment was convenient in two senses. Firstly, it was convenient for probation leaders who were struggling to preserve something of probation’s rehabilitative tradition from the onslaught of populist punitiveness and the associated rebranding of probation as a ‘law enforcement’ agency delivering punishment in the community. For them, ‘what works’ seemed to offer a scientific foundation for probation’s newfound promise: to protect the public not just by managing risk but by reducing it. Secondly, ‘what works’ was convenient for governments committed to neo-liberalism. Even if, on a close reading, it was rooted in a social-psychological understanding of both crime and rehabilitation, the carelessness of the discourse of deficits, distortions and dosage, played into what Wacquant (2009) calls the trope of individual responsibility. If crime was a product of cognitive deficits and criminogenic attitudes, then governments need look no further. In particular, they could ignore their own complicity in creating criminogenic social inequalities and in fuelling criminogenic carceral expansion. Like Faust, probation’s response to being confronted with its own mortality, at times, seemed to imply a willingness to sell its soul. Certainly, The New Choreography (2001) looked very much like dancing with the Devil. What made desistance research, and Farrall’s book in particular, so radical in 2002 was that it burst this convenient bubble by listening carefully to probationers. Of course, good practitioners had never stopped listening to service users. Yet, from the present vantage point – in a moment when the value of ‘lived experience’ is much better recognised – it is too easy to forget that, two decades ago, listening to probationers as experts on their own change process was a brave and unusual step in a climate dominated by outcome evaluations and meta-analyses. The sense that randomised controlled trials were steps away from definitively proving ‘what works’ – or indeed had already found it in the form of cognitive behavioural therapy – was ascendant, and the phrase ‘experts by experience’ had yet to be invented. xxii Foreword to the anniversary edition One of desistance research’s most famous and most quoted experts, recorded by Farrall, was Mickey. When Farrall asked him what more could be done in the probation process, this is what Mickey told him: Something to do with self-progression. Something to show people what they are capable of doing. I thought that was what [my Officer] should be about. It’s finding people’s abilities and nourishing and making them work for those things. Not very consistent with going back on what they have done wrong and trying to work out why – ’cause it’s all going around on what’s happened – what you’ve already been punished for – why not go forward into something. . . . For instance, you might be good at writing – push that forward, progress that, rather than saying ‘well look, why did you kick that bloke’s head in? Do you think we should go back into anger management courses?’ when all you want to do is be a writer. Does that make any sense to you at all? Yeah, yeah. To sum it up, you’re saying you should look forwards not back. Yeah. I know that you have to look back to a certain extent to make sure that you don’t end up like that [again]. The whole order seems to be about going back and back and back. There doesn’t seem to be much ‘forward’. (p. 227) There are good reasons why Mickey is so often quoted. His account here exemplifies a disconnect between how he and his probation officer understood his needs, his situation and how to respond. This was a key recurring finding in Farrall’s book: probation officers, it seemed, had indeed been drawn towards responsibilising practices that focused on offending behaviours and on that narrow group of criminogenic factors associated with addictions, attitudes and associates. But many probationers – like Mickey – wanted and needed something else. They wanted to find a way forward; and often that path was blocked by structural and relational obstacles (e.g. problems finding work or in family life) in which probation seemed to have lost interest. To put this a different way, probation officers and probationers had quite different implicit criminologies. The officers, doubtless managing new or heightened anxieties and pre-occupations around risk, had narrowed their focus to immediate and individual psychological factors. But the probationers had already learned the hard way that their future prospects depended at least as much on removing the many obstacles to desistance that they faced. Those obstacles weren’t all inside them; they were all around them. xxiii Foreword to the anniversary edition Having done what good researchers do – listened carefully – Farrall clearly recognised and appreciated the significance of Mickey’s (and his other respondents’) pleas; in what was the concluding chapter of the previous edition, he started to rise to the challenge of rethinking probation (and ‘what works’) both in terms of going ‘forward into something’ and in terms of obstacle demolition. For some of us that followed, much of the last twenty years has been spent asking and trying to answer questions like: ‘Forward into what, exactly?’ and ‘What are the obstacles that matter most and how do we demolish them?’ It is from questions like these, triggered by Farrall’s precocious book, that new practice paradigms were born. Indeed, having started the ‘Tracking Progress on Probation’ study by listening to 199 probationers (and many of their supervising officers) Farrall has just kept on listening ever since. For years and then decades, Farrall (and his colleagues and collaborators in various sweeps of the study) worked tirelessly to sustain contact with as many of the study participants as possible and to revisit both them and their stories – of desistance and of probation – across a series of later books. In these later sweeps of the study, Farrall and his colleagues were prepared to revisit and revise their earlier analyses; if that is what the participants’ stories required them to; so the story of desistance has continued to evolve with the research. Likewise, the field of desistance research has also continued to grow and has moved well beyond the initial forays into the field in the 1990s and early 2000s. As new scholars – many of them inspired by Farrall’s work – began to research and debate desistance, the limitations of early desistance research soon emerged. Like so much of criminological work, for all of its radical aspirations, much early desistance work reproduced criminology’s failure to take diversity seriously enough; only more recently have we come to understand how pathways out of offending differ for women and men, and for people of different ethnicities, sexualities, and so on. Desistance research, again like criminology in general, has been slow to move from the streets to the suites and, as far as we know, the framework has not yet contributed to our understanding of state crime (although in his research on the legacy of the Thatcher era, perhaps Farrall will lead us there too). Indeed, today’s generation of desistance researchers are far less interested in the behaviour change of individuals on probation than they are the behaviours of the justice system itself, which needs to desist from criminalising and labelling disadvantaged young people. Ironically, particularly given the careful argumentation in books like Rethinking What Works, by allowing xxiv Foreword to the anniversary edition for a central role for human agency, desistance research has even been accused of individualising or responsibilising the desistance process (in echoes of the critique desistance scholars used against the ‘what works’ movement!). Undoubtedly, as ‘desistance thinking’ has become increasingly mainstream in criminal justice circles, its radical potential has been blunted. Indeed, there is a real risk that ‘desistance talk’ has been used to legitimate the status quo of a criminal justice system in perennial crisis. In short, desistance research has become “dignified . . . and old” in the way that Richman promised (and warned) in 1975. Yet, to revisit Farrall’s original Rethinking What Works is to travel back in time and remember when desistance was still young – not even the ‘next big thing’ but rather a work that was ahead of its time in imagining a future. The central tenets of Rethinking What Works may indeed have entered the mainstream in 2022, but they remain as radical now as they were twenty years ago. The secret to this longevity is surely related to the author’s methodology – his willingness and ability to listen to the expertise of Mickey and others along the journey of desistance. That approach to social science will always be evergreen. Reference National Probation Service (2001) The New Choreography. London: National Probation Service. Wacquant, L. (2009) Punishing the Poor: The Neoliberal Governance of Insecurity. Durham, NC: Duke University Press. xxv Part 1 Introduction Chapter 1 Probation, social context and desistance from crime: introducing the agenda The purpose of this book is to explore and throw further light on the processes that occur during probation supervision which are either conducive to desistance or which contribute to further offending. Whilst it is true that the correlates of recidivism and desistance are well known, the mechanisms by which these correlates are produced and the role that criminal justice sanctions play in this remain less well understood. In order to understand better the role of probation supervision in encouraging the processes associated with desistance, the criminal careers and behaviour of 199 people made subject to probation and combination orders 1 were examined in detail. This book reports on that four-year examination. Many of those who embark on offending careers would appear to stop at around the same time that they gain stable employment, embark upon stable life-partnerships and disengage from a delinquent peer group. On the other hand, for those convicted and sentenced, their age and gender are better predictors of their likelihood of a further conviction than the type of sentence they received. Indeed, no study has yet demonstrated conclusively that sentences have markedly different outcomes from one another in terms of rates of reconviction. There are, however, numerous disadvantages with the research methodologies employed to investigate desistance and recidivism. Studies of sentence outcomes have generally been based on official statistics, have not considered in depth the nature of the interventions undertaken, have tended to be retrospective and have not collected the views and experiences of those made subject to such disposals. Thus these studies suffer from what Shadd Maruna (2000a: 12, emphasis in original) has referred to as the ‘black box’ syndrome – the outcomes are known, but the precise sequence of events and processes involved in their production has been left largely unexamined: ‘by concentrating DOI: 10.4324/9781003143789-2 3 IntroductionWhat Works with Offenders Rethinking almost exclusively on the question of ‘‘what works’’, offender rehabilitation research has largely ignored questions of how rehabilitation works, why it works with some clients or why it fails with others.’ This chapter provides the background to a project which has attempted to open this ‘black box’ so as to investigate the role that probation supervision, individual motivation and wider social and personal circumstances play in helping some people to stop offending. Unlike previous investigations of the impact of probation supervision, it has aimed to bring to the evaluation some of the techniques and styles of research developed by those investigating the progression of criminal careers. Thus, the research has departed from the conventional sources of data, types of variables collected and styles of analyses. It has ! not therefore relied predominantly on data derived from official sources but has collected data directly from probationers and probation officers by way of face-to-face interviews; ! examined the impact of changes in the social and personal circumstances of the probationer on their offending career; and ! employed a prospective longitudinal methodology. Its origins, therefore, lay in two key areas of criminological research: the evaluation of criminal justice interventions and the study of the course of criminal careers, their persistence and desistance. Both these paradigms offer insights and set the agenda for many of the issues investigated, but a review of each suggests that there are areas of both where current knowledge is deficient. By addressing these deficiencies, the project throws new light on the impact of probation supervision on probationers’ lives and on the factors conducive to their desistance from crime. The background Some of the most commonly observed regularities in criminology concern rates of offending over the course of a person’s life. For example, by the time that they had reached their thirtieth birthday, approximately a third of the males in England and Wales born in 1953 had received a conviction for a non-motoring offence (Home Office 1995). However, only around 7 per cent had received six or more convictions and most of those convicted had an officially recognised 4 Probation, social context and desistance from crime: Introducing introducing the agenda criminal By asking career officers which and spanned probationers no more to discuss than four probation years (Home supervision Office 1995: in theTable context 8). of The thepeak probationer’s age of conviction personal2 for andmales socialincircumstances, England and and byis tracking progress of probationers over1990; timeNewburn through Wales currentlythe around 18 years of age (Barclay repeated interviews, such a project illuminate howupon officers and 1997; Flood-Page et al. 2000). This would broad picture, based official probationers and perceive: statistics, has understand been supported by numerous other studies (e.g. Farrington 1992a) and by researchers collecting data in different countries (e.g. Blumstein et al. 1988) and during different historical eras (Got! probation supervision; tfredson and Hirschi 1990). Taken together, the evidence suggests that ! the probationer’s wider circumstances; whilst many people are caught offending at least once, few go on to persistent between offenders.these Suchtwo; is the uniformity of the relationship !become the relationship and between age and crime that it has become one of the ‘laws’ of ! their combined impact on risk factors and subsequent offending criminology, and is commonly referred to as the ‘age–crime curve’. For behaviour. males, the line which describes the ‘age–crime curve’ starts around 10 years of age (until that age, for UK males, those under 10 are below the More specifically, the aims of the research were to: age of criminal responsibility). The line then starts to climb rapidly until it reaches a peak around the ages of 17–19. The curve then starts ! Investigate the specific obstacles which officers and probationers to decline – steeply at first, but becoming less steep as the years perceived as standing in the way of the probationer desisting, and progress. For females the ‘curve’ is different. First of all, far fewer to track, over time, how both the officer and probationer responded females would appear to embark upon offending careers. However, to such obstacles. following a climb almost as steep as the male curve, the female ‘curve’ flattens something approaching a plateau between 14 and !quickly Identify those to aspects of probation supervision and the probationers’ 18,own before declining gradually. circumstances which officers and probationers perceived to be Given the salience of this issue for policy-makers and its role as a key factors in motivating and assisting the probationer to avoid source of much debate in criminology, it is little wonder that the 1980s further offending. and 1990s have witnessed a continuation of the efforts of criminologists ! Explore the role of events (such as changes in home life, employment to chart the extent, contours and correlates of patterns of offending situation and area of residence) and changes in beliefs and motiwith greater sophistication and in greater detail. In particular, interest vation amongst those under supervision, and the extent to which in the reasons why some people stop offending and others persist has these were perceived as reinforcing, negating or mediating the increased rapidly since the early 1980s. This same period has also impact of probation supervision and offending behaviour. witnessed a renewed interest in the investigation of the outcomes of various court – both disposals custodial ! Contrast the disposals views of the officercommunity and probationer with and regards to the sentences (see Lloyd et al. 1994;during McGuire Lloyd et probation work undertaken the 1995). order For andexample, the probationer’s al.response (1994) reported that whilst 43 per cent of probationers were to this work. reconvicted within two years of the start of their orders, the proportion of thosethere reconvicted afternumerous community service orders was even Whilst have been investigations which have higher relied (49 peraccounts cent), and higher stillpractice for those given orders with upon of probation from the probation perspectives of either conditions (63 per cent).11 or which have relied upon recorded informaofficers or probationers These two bodies of work work undertaken represent closely but nevertheless tion pertaining to the with related, probationers (e.g. Lloyd subtly different Onewas – referred here would as the compare criminal et al. 1994), whatparadigms. was required a projecttowhich career paradigm – has charted the incidence and patterns offending officers’ and probationers’ accounts of their work together.ofData were across the life spans of numerous cohorts of members of the general collected so as to enable the comparison of their accounts of the population. Such cohortsthe are followed a young several probationer’s offending, obstacles to from desisting whichage he for or she was 17 5 IntroductionWhat Works with Offenders Rethinking years, often decades, and the data collected are usually based on interviews with cohort members or others involved in their lives (such as parents, teachers, social workers or peers). Official data relating to offending are frequently used to supplement and validate such reports. Although this paradigm has relied on quantitative research methods, it has not precluded the use of qualitative data sets. The second paradigm – measuring the effectiveness of attempts by the criminal justice system to reduce such behaviour – has followed up those persons found guilty and sentenced to some form of punishment. These follow-ups often last no longer than two years, although in some instances follow-up periods of five or seven years have been recorded. This paradigm has relied – to the virtual exclusion of all other methodologies – on official records which have been analysed quantitatively (e.g. Lloyd et al. 1994). The criminal career paradigm Research by criminologists such as Sheldon and Eleanor Glueck, Alfred Blumstein, Marvin Wolfgang and Thorsten Sellin in the USA and David Farrington in the UK has suggested that whether or not an individual participates in offending is closely associated with his or her age and a number of social and psychological variables. For example, Farrington (1992b: 129) listed some of the variables found to be most strongly related to offending in the Cambridge Study in Delinquent Development – a follow-up study of over four hundred boys originally living in London. Included were ‘problematic’ behaviours between 8 and 14-years-old (e.g. bullying, lying and aggressiveness), teenage anti-social behaviours (e.g. heavy alcohol, tobacco use, gambling and frequent sexual activity), impulsiveness, school problems (e.g. low school attainment, frequent truancy and failure to take examinations), family factors (e.g. poor child rearing and supervision, and poor relationship with parents), anti-social factors (e.g. convictions of other family members and friends) and socioeconomic factors (low family income, poor housing and poor employment record). Several of these influences have also been found by other researchers to be associated with the onset of offending behaviours (see, for example, Graham and Bowling 1995: 33–43; also Wolfgang et al. 1972; Sampson and Laub 1993; Elliott and Menard 1996). The data employed in studies of this nature have usually been derived from repeated interviews with members of cohorts, often followed from school age to adulthood. During these interviews, self-reported data on offending and various 6 Probation, social context and desistance from crime: Introducing introducing the agenda other By asking topics officers have been andcollected probationers fromtothe discuss cohortprobation members.supervision As noted, these in the data context areofoften the probationer’s supplemented personal by official and social records circumstances, and further and interviews by tracking with partners, the progress peers of andprobationers teachers in order over time to gain through these 3 repeated perspectives interviews, as well as such to validate a projectresponses. would illuminate how officers and probationers understand perceive: A number of researchersand have focused their attention specifically upon the later stages of offending careers, and in particular on the factors conducive to supervision; desistance from offending. Drawing on the insights of earlier ! probation work on criminal careers, they have pointed to a number of correlates of ! the probationer’s wider circumstances; desistance. The literature on desistance is commonly based on criminal career data sets (e.g. Knight these and West ! the relationship between two;1975; and Loeber et al. 1991; Sampson and Laub 1993), or on one-off retrospective research (e.g. Shover 1983; ! their combined impact on risk factors and subsequent offending Cusson and Pinsonneault 1986; Graham and Bowling 1995). In a few cases behaviour. (e.g. Burnett 1992; Leibrich 1993) data have been collected by following the careers of persons after they have been made subject to criminal justice More specifically, the aims of the research were to: interventions. 4 The research undertaken so far has shed light on the role of social and personal factors in desistance (see Adams 1997; Farrall 2000; ! Investigate the specific obstacles which officers and probationers Laub and Sampson 2001, for outlines of this body of work). perceived as standing in the way of the probationer desisting, and to track, over time, how both the officer and probationer responded such obstacles. Thetofactors associated with desistance ! Identify aspects of(e.g. probation and the probationers’ A number those of researchers Uggensupervision and Kruttschnitt 1998: 356) have own circumstances which officersis and probationers perceived to be provided evidence that desistance associated with gaining employkey although factors inthemotivating and links assisting the engaging probationer to avoid ment, precise causal between in legitimate further offending. employment and desistance from offending have yet to be satisfactorily established. Mischkowitz (1994: 313) reported that ‘erratic work pat! Explore the role of events (such as changes in home life, employment terns were substituted by more stable and reliable behaviour’ amongst situation and area of residence) and changes in beliefs and motihis sample of desisters. Meisenhelder (1977) noted that the acquisition vation amongst those under supervision, and the extent to which of a good job provided the men in his sample with important social these were perceived as reinforcing, negating or mediating the and economic resources, whilst Shover (1983: 214) reported how a job impact of probation supervision and offending behaviour. generated ‘. . . a pattern of routine activities – a daily agenda – which ! Contrastwith the views oflittle the officer and withassociated regards towith the conflicted and left time for theprobationer daily activities probation work undertaken during the order and the probationer’s crime’. response to this work. Similar sentiments were expressed by Sampson and Laub (1993: 220–22) when they wrote that desisters were characterised as having Whilst therework havehabits been numerous which have relied ‘. . . good and were investigations frequently described as ‘‘hard upon accounts of probation practice from the perspectives of either workers’’ ’. Farrington et al. (1986: 351), reporting on the Cambridge 11 officers or Delinquent probationersDevelopment, Study in wrote that ‘proportionally more or which have relied upon recorded informacrimes were committed by . . undertaken . youths during of unemployment tion pertaining to the work withperiods probationers (e.g. Lloyd than periods of required employment’, finding which supported by compare the later et al. during 1994), what was was aa project would work of and Horney et al. (1995). However, as researchers suchData as Ditton officers’ probationers’ accounts of their work together. were (1977) andsoHenry full-time employment collected as to(1978) enablehave the shown, comparison of their accountsdoes of not the preclude either the opportunities nor actual offending. probationer’s offending, the obstaclestoto offend desisting which he or she was 17 7 IntroductionWhat Works with Offenders Rethinking Graham and Bowling (1995: 56, Table 5.2) found that for young males employment was not related to desistance, as did Rand (1987) when she investigated the impact of vocational training on criminal careers. Another of the most common findings in the literature on desistance is that individuals cease to offend at about the same time that they start to form significant life-partnerships (e.g. Chylicki 1992). One of the clearest statements in support of this line of reasoning came from Shover (1983: 213), who wrote that ‘The establishment of a mutually satisfying relationship with a woman was a common pattern [and] an important factor in the transformation of their career line’. Cusson and Pinsonneault (1986: 79–80) and Mischkowitz (1994: 319) followed West (1982: 101–104) in arguing that what was important (in terms of facilitating desistance) was not marriage per se, but rather the quality of the relationship and the offending career of the person whom the would-be desister married. The recent work of Laub et al. (1998) supports this contention – as marriages became stronger amongst the men in their sample, so these men’s offending began to be curtailed. A number of studies have suggested that the experience of becoming a parent is also associated with desistance from offending (see, for example, Irwin 1970: 203; Parker 1976: 41; Trasler 1979: 315; Caddle 1991: 37; Leibrich 1993: 59; Sampson and Laub 1993: 218; Hughes 1997, 1998: 146; Uggen and Kruttschnitt 1998: 355; Jamieson et al. 1999: 130). Despite the evidence suggesting that forming a life-partnership may result in desistance, some researchers have questioned this rather simple cause-and-effect model. 5 Rand (1987: 137) tested the hypothesis that ‘. . . young men who marry are less criminal than those who never marry’ and found no support for this in her data. Knight et al. (1977: 359) found no significant differences (in terms of the number of subsequent convictions) between the married and unmarried groups from the Cambridge Study in Delinquent Development. Similarly, Mulvey and Aber (1988) reported finding no connection between partnership and desistance, nor were they able to find any firm link between parenthood and desistance. Rand (1987: 143) also found no support for the idea that men who became fathers were less criminal than those who did not. However, at least some of these negative findings can be reassessed following the findings of Uggen (2000) and Ouimet and Le Blanc (1996), which suggest that the impact of various life events upon an individual’s offending is age-graded. For example, Ouimet and Le Blanc (1996: 92) suggest that it is only from around the mid-20s that cohabitation with a woman was associated with desistance for the males in their sample. In a similar vein, Uggen (2000: 542) suggests that 8 Probation, social context and desistance from crime: Introducing introducing the agenda work By asking appears officers to be and a turning probationers point in to discuss the criminal probation careers supervision of those offenders in the context aged of over the26, probationer’s whilst it haspersonal a marginal andeffect socialoncircumstances, the offending of and younger by tracking offenders. theWhen progress findings of probationers like these are over taken time into considerthrough repeated ation, theinterviews, importance such of astructuring project would theilluminate inquiry by howage officers is made and probationers apparent. However, understand manyand of the perceive: earlier studies concerning the factors associated with desistance were unaware of this caveat and, as such, findingssupervision; that there was no impact of employment or partnership !their probation on desistance must be treated accordingly. 6 ! the probationer’s wider circumstances; Various other factors have been identified which appear to be related to desistance. Amongst members of the ! the relationship between these two; andCambridge Study in Delinquent Development cohort, Osborn (1980) found that leaving London ! their combined impact on risk factors and subsequent offending (where they had grown up) was associated with reductions in behaviour. subsequent offending (both self-reported and official). Similar findings using alternative data sets have been made by Sampson and Laub More specifically, the aims of the research were to: (1993: 217) and Jamieson et al. (1999: 133). The break-up of the peer group has been another, and more commonly, cited factor. Knight and ! Investigate the specific obstacles which officers and probationers West (1975: 49) and Cromwell et al. (1991: 83) both referred to cases in perceived as standing in the way of the probationer desisting, and which peer group disintegration was related to subsequent desistance to track, over time, how both the officer and probationer responded (as did Warr 1998). Experiencing a shift in identity (Meisenhelder 1982; to such obstacles. Shover 1983: 210; Burnett 1992; Maruna 1997, 2000b) and feeling shame one’s past behaviours (Leibrich supervision 1993: 204, 1996) have also been !at Identify those aspects of probation and the probationers’ posited as processes associated with desistance. own circumstances which officers and probationers perceived to be An individual’s motivation to avoid furtherthe offending is another key key factors in motivating and assisting probationer to avoid factor in accounting further offending. for desistance. West (1978), Shover (1983), Shover and Thompson (1992), Moffitt (1993), Sommers et al. (1994) and Pezzin ! Explore the role of events (such as changes in home life, employment (1995) have all pointed to a range of factors which motivated the situation and area of residence) and changes in beliefs and motidesisters in their samples. Burnett (1992: 66, 1994: 55–56) has suggested vation amongst those under supervision, and the extent to which that those ex-prisoners who reported that they wanted to stop these were perceived as reinforcing, negating or mediating the offending and, importantly, felt they were able to stop offending, were impact of probation supervision and offending behaviour. more likely to desist than those who said they were unsure if they to stop offending. !wanted Contrast the views of the officer and probationer with regards to the Others have pointed to the influence the criminal system probation work undertaken during theoforder and thejustice probationer’s onresponse those repeatedly incarcerated. Cusson and Pinsonneault (1986), to this work. employing data drawn from in-depth interviews with ex-robbers, identified the have following influentialinvestigations factors in desisting: (such Whilst there been asnumerous which shock have relied as being wounded in a bankpractice raid); growing of doingoftime in upon accounts of probation from thetired perspectives either prison; becoming aware11 of possibility of longer prison terms; and officers or probationers or the which have relied upon recorded informaa reassessment what was importantwith to probationers the individual. tion pertaining toofthe work undertaken (e.g.Similar Lloyd findings have been made by other Shover (1983: 213), et al. 1994), what was required was aresearchers. project which would compare Cromwell et probationers’ al. (1991: 83)accounts and Leibrich reported that officers’ and of their(1993: work 56–7) together. Data were desisters experienced a period of re-evaluation before coming to their collected so as to enable the comparison of their accounts of the decision to desist. Withinthe a perspective rational probationer’s offending, obstacles to heavily desistinginfluenced which he by or she was 17 9 IntroductionWhat Works with Offenders Rethinking choice models, Shover and Thompson (1992: 97) wrote that ‘. . . the probability of desistance from criminal participation increases as expectations for achieving friends, money, autonomy and happiness via crime decrease’. Hughes’ (1998) study of ethnic minority desisters living in the USA reported how fear of serious physical harm and/or death was cited by 16 of her 20 respondents. Similar fears were reported by those interviewed by Cusson and Pinsonneault (1986) and Sommers et al. (1994), and amongst Maruna’s (1997) study of published autobiographies of desistance. Work by Meisenhelder (1977: 323) and others (e.g. Shover 1983: 212; Burnett 1992; Hughes 1998: 147) has revealed that some of those repeatedly incarcerated say that they have become tired of prison and feel that they can no longer cope physically and emotionally with the experiences of prison life. In effect, some offenders reach a point in their lives when they can ‘take no more’ from the criminal justice system ‘burn out’. Very few of the investigations undertaken so far have considered female desisters. Graham and Bowling’s (1995) was one study which did. They found that the processes leading to desistance for men and women appeared to be quite different. For women, becoming ‘an adult’ (e.g. leaving home, finishing schooling and starting a family) was related to desistance. Yet, the same was not true for men. As this study was not longitudinal and as all respondents were aged 15–25 years old, it is hard to assess the significance of this finding. It could be due to males needing longer to mature – so that if older males had been included in the sample, the gender differences in the processes of desistance may have been less pronounced – or it could be that the processes of desistance for males and females actually are quite different. A similar study by the Home Office which extended the upper age limit to 30 (Flood-Page et al. 2000) has since suggested that males do need longer to desist, but it did not comment on the processes of desistance for older males and females. However, the factors associated with female desistance from ‘street crime’ (as reported by Sommers et al. 1994) were very similar to those reported in studies of male ‘street offenders’ (e.g. Shover 1983; Cusson and Pinsonneault 1986; Cromwell et al. 1989). This could, however, be due to the similarities in desistance from such crimes, rather than gender similarities. Similarly, there are few studies which have sought to investigate the relationship between desistance and race (however, see Rand 1987; Elliott 1994; Hughes 1997, 1998). 7 Whilst the effects of prison on the processes of desistance have been well documented, this body of literature has had little to say about the 10 Probation, social context and desistance from crime: Introducing introducing the agenda impact By asking of probation officers on andcriminal probationers careerstoand discuss desistance. probation To this supervision end, the in roletheofcontext probation of the supervision probationer’s in helping personalprobationers and social circumstances, to desist has and barelybybeen tracking touched theupon progress by those of probationers interested in the overdevelopment time through of repeated criminal careers. interviews, Thissuch booka now project ‘plugs’ would that illuminate gap. how officers and probationers In summary, understand the desistance and perceive: literature has pointed to a range of factors associated with the ending of active involvement in offending. of these factors are related to acquiring ‘something’ (most !Most probation supervision; commonly employment, a life partner or a family) which the desister ! the probationer’s wider circumstances; values in some way and which initiates a re-evaluation of his or her for some abetween sense ofthese who they !life, theand relationship two; ‘are’. and Others have pointed to the criminal justice system (in most cases, imprisonment) as eventually ! their combined impact on risk factors and subsequent offending exerting an influence on those repeatedly incarcerated. This body of behaviour. work suggests that any attempts to investigate the impact of probation on offending careers needs also to consider the role of various social More specifically, the aims of the research were to: processes, namely, employment, marriage, ageing and so on. However, the literature on desistance has often not paid sufficient attention to ! Investigate the specific obstacles which officers and probationers criminal justice interventions, and in an attempt to redress this perceived as standing in the way of the probationer desisting, and imbalance, this study has tried to chart the processes of desistance to track, over time, how both the officer and probationer responded following one of the commonest criminal justice interventions – to such obstacles. probation. 8 ! Identify those aspects of probation supervision and the probationers’ own circumstances which officers and probationers perceived to be keycontribution factors in motivating and assisting the the outcomes probationerofto avoid The of research concerning furthercriminal offending. specific justice interventions ! Explore the role of events (such as changes in home life, employment The second research paradigm relates to the effects of specific criminal situation and area of residence) and changes in beliefs and motijustice interventions on subsequent offending. Whilst the work of vation amongst those under supervision, and the extent to which Cusson and Pinsonneault, Shover, Meisenhelder and Cromwell et al. these were perceived as reinforcing, negating or mediating the has elucidated the phenomenon of ‘burn out’ following repeated impact of probation supervision and offending behaviour. incarceration, these investigations have relied upon small samples and ! Contrast theable views of the officer and probationer with regards to the have not been to control for several key variables, such as previous probation work or undertaken during theliterature order and criminal histories age. The published onthe theprobationer’s outcomes of response to this work. prison, probation, parole and so on is vast, and accordingly only the most salient findings will be reviewed here, in particular those which Whilsttothere have been numerous investigations which have relied relate probation. upon accounts of probation fromchiefly the perspectives of either Initial investigations werepractice concerned with outlining the officers or probationers general patterns in the 11usage of probation, and devoted considerable or which have relied upon recorded informaattention to describing whichundertaken offenders (in terms of their age, tion pertaining to the work with probationers (e.g.gender Lloyd and history) were made to which probation supervision et al. criminal 1994), what was required wassubject a project would compare (e.g. Radzinowicz 1958: 12–13; Barrofand 1966: 9). As were part officers’ and probationers’ accounts theirO’Leary work together. Data of this initial period of investigation, trendsofintheir the rates of ‘success’ collected so as to enable the comparison accounts of the and ‘failure’ offending, started tothe emerge. Forto example, Radzinowicz (1958: probationer’s obstacles desisting which he or she was 17 11 IntroductionWhat Works with Offenders Rethinking 2) reported that 79 per cent of adults, but slightly fewer juveniles (73 per cent), successfully completed their orders. As few of the studies during this initial period considered probationers outside the 17–21year-old age range, the impact of age on rates of success and failure was rarely commented upon. However, later studies have found age to be one of the best predictors of reconviction, especially for males (Phillpotts and Lancucki 1979). The gender of the probationer was, however, more commonly noted to be associated with probation outcomes. For example, Radzinowicz (1958: 23) reported that 19 per cent of males placed on probation, but only 8 per cent of women, had their orders terminated following a further offence whilst still on probation. This finding was supported by the work of Folkard et al. (1966: 56) and Barr and O’Leary (1966: 14) and remains as salient today (Lloyd et al. 1994: 26; Oldfield 1996: 41; May 1999). Another commonly observed factor associated with failure was the number of previous convictions. As early as Radzinowicz’s pioneering study (1958: 7), the relationship between failure on probation and the number of previous convictions an individual had received had been observed. Like Radzinowicz, Phillpotts and Lancucki (1979: 18, Table 3.4) and later Lloyd et al. (1994: 27–32) found that those with more previous convictions, a higher number of previous guilty appearances at court, a faster rate of guilty court appearances and a higher number of previous custodial experiences were all more likely to be reconvicted regardless of the penalty imposed. However, whilst the correlates of reconviction had been identified, there appeared to be little evidence that probation-based interventions could do very much to lower the possibility of offending once these variables had been taken into account. Folkard et al. (1974, 1976) reported on one of the most ambitious research projects on probation outcomes ever undertaken. Using experimental and control groups they attempted to study the relative effectiveness of different treatment methods (chiefly, ‘control’ or ‘support’) for different types of probationers (neurotics and extraverts) who were in different situations (delinquent or stressful). Despite the rigour with which the study was designed and the theoretical support for such an approach, they found no statistically significant differences between the experimental or control groups in terms of their rates of reconviction. This finding appeared to hold across different probation areas, over time, gender, officer assessments and probationer’s degree of neuroticism (Folkard et al. 1976: 14–19). Some indications of the processes involved in mediating probation outcomes were uncovered, however. For example, Folkard et al. (1966) 12 Probation, social context and desistance from crime: Introducing introducing the agenda found By asking statistically officerssignificant and probationers differences to discuss for the probation following supervision variables when in the outcomes context of were the probationer’s compared: good personal rapport and social between circumstances, officer and probationer and by tracking and keeping the progress the same of officer probationers were related over time to successful through outcomes, repeated interviews, whilst a high such level a project of control would exercised illuminate overhow the officers probationer and was probationers related understand to failure (ibid.: and perceive: 56). Similarly, Davies (1969) found a number of variables, such as high job turnover, peer group influence and general supervision; hostility towards probation work, to be related to failure. ! probation More recently May (1999) investigated the role played by social factors ! the probationer’s wider circumstances; in reconviction amongst a sample of probationers. He found that those living in unstable accommodation, without ! the relationship between these two; and employment, with a drug problem, and with literacy and learning problems were more likely to ! their combined impact on risk factors and subsequent offending be reconvicted (ibid.: 16–20). However, May could find no relationship behaviour. between alcohol use or financial problems and reconviction (ibid.: 18–19). The number of problems experienced by probationers also More specifically, the aims of the research were to: increased their chances of reconviction (ibid.: 21). In more complex analyses, May reported that probationers who had experienced all the ! Investigate the specific obstacles which officers and probationers following problems – accommodation, alcohol, drugs and employment perceived as standing in the way of the probationer desisting, and – were more likely to be reconvicted (ibid.: 32–34). to track, over time, how both the officer and probationer responded Two features distinguish the recent and ongoing work in this field to such obstacles. from the earlier studies. First, there is a greater emphasis on assessing outcome ofaspects cognitive-behavioural interventions. the !theIdentify those of probation supervision and theSecondly, probationers’ development of day centres, group work programmes and other own circumstances which officers and probationers perceived to be specified activities has meant that upon assessing key factors in motivating and research assistinghas thefocused probationer to avoid thefurther outcomes of these particular probation interventions rather than offending. ‘generic’ probation (for example, see Mair and Nee 1992 who studied ! Explore the role of events (such as changes in home life, employment day centre reconviction rates, 9 Brownlee 1995 on intensive probation 10 situation and area of residence) and changes in beliefs and motiin Leeds, and Wilkinson 1997 on the Idlerton motor car project run by vation amongst those under supervision, and the extent to which Inner London Probation Service). These interventions were ‘timethese were perceived as reinforcing, negating or mediating the limited’ and often did not cover the whole period of probation and, as impact of probation supervision and offending behaviour. such, did not develop a picture of the whole probation order from beginning ! Contrastto theend. views of the officer and probationer with regards to the McGuire (1995: 16) the have argued thatprobationer’s models of probation and work Priestly undertaken during order and the intervention on cognitive and behavioural psychology have response tobased this work. emerged as ‘offering the most encouraging approaches’. They have suggested thathave teaching new styles of thinking and acting Whilst there beenprobationers numerous investigations which have relied will them of to probation avoid thepractice situations andthetemptations which had uponhelp accounts from perspectives of either previously led them to11offend. These techniques officers or probationers or which haveapproaches relied uponinclude recorded informasuch pertaining as reinforcement (Lawson 1983); with covert punishment (Guidry tion to the work undertaken probationers (e.g. Lloyd 1975); mentoring (O’Donnell al. a1979, seewhich also would Hughes 1997); et al. 1994), what was requiredetwas project compare behaviour (Bank et al.of1987); (Hazaleus and officers’ andmodification probationers’ accounts their relaxation work together. Data were Deffenbacher 1986); social skills training (Priestly et al. 1984); collected so as to enable the comparison of their accounts of and the training in moral reasoning et al. 1987). probationer’s offending, the (McDougall obstacles to desisting which he or she was 17 13 IntroductionWhat Works with Offenders Rethinking Lipsey (1995), employing a meta-analysis of interventions aimed specifically at juvenile delinquents, suggested that treatments which focused on employment, behaviour modification, gaining skills or which were multi-modal (that is to say, interventions which attempt to address a range of issues) produced the greatest effects on the future conduct of juveniles (ibid.: 75). This line of thinking was echoed by Lsel (1995: 91) when he wrote that ‘it is mostly cognitive-behavioural, skilled orientated and multi-modal programmes that yield the best effects’. Palmer (1996: 139) concluded that vocational training and other interventions aimed at providing probationers with employment were found to have some impact on rates of recidivism. Educational training was also reported to have had positive effects (ibid.: 140), as were behavioural interventions; cognitive-behavioural approaches; life skills (which included outdoor activities as well as education and social skills development); and – again – multi-modal approaches (ibid.: 141–43). Thus, to sum up: the investigation of the outcomes of criminal justice interventions has found that, in general, younger males have been the group most likely to be reconvicted. Their chances of reconviction are increased still further the greater their previous criminal history. Various other factors, such as poor employment history, being easily influenced by a peer group or being hostile to probation, serve only to increase reconviction and failure rates. The more recent literature – of which more presently – has repeatedly pointed to cognitive-behavioural techniques, skills training, moral reasoning, employment schemes and multi-modal interventions as being those methods of intervention that are most likely to be associated with reduced rates of reconviction. Opening the ‘black box’ of probation supervision However, few of the studies have attempted to unpack the ‘black box’ of criminal justice interventions. It is therefore very hard to say definitively why any of these observed relationships exist or how they operated. Notable exceptions exist, however. Burnett’s (1992) study investigated the processes by which a group of property offenders recently released from prison managed either to desist or continued to offend. When compared to those who persisted, desisters in Burnett’s study were found to have been more motivated to avoid further offending, to have secured better post-release employment careers, more of them were in stable accommodation and more of them rated their personal relationships as good (ibid.: 71–81). Leibrich (1993) 14 Probation, social context and desistance from crime: Introducing introducing the agenda undertook By askingaofficers follow-up and probationers of those sentenced to discusstoprobation probation supervision and not reconvicted in the context within of thethree probationer’s years and personal found and that social responding circumstances, to new family and bycommitments, tracking the desires progress for of a better probationers future and over thetime development through of repeated self-respect interviews, were cited such aasproject the reasons would for illuminate wishinghow to desist officers (ibid.: and 56–60). probationers Theseunderstand studies haveand shown perceive: the important roles played by social and individual processes as former prisoners and probationers attempt to avoid further offending. ! probation supervision; ! the probationer’s wider circumstances; ! the relationship between these two;the andcorrelates of Summarising what is known about crime cessation ! their combined impact on risk factors and subsequent offending behaviour. From these two bodies of work it is possible to sketch an outline of what is known about the factors associated with the later stages of More specifically, the aims of the research were to: criminal careers. Despite differences in the data sets which they have employed and the variables on which they have focused, some uniform ! Investigate the specific obstacles which officers and probationers findings have emerged. For example, older people have been consistperceived as standing in the way of the probationer desisting, and ently found to be less likely to reoffend, as are those who start to offend to track, over time, how both the officer and probationer responded later in life and those with less extensive criminal careers. Another to such obstacles. commonly observed finding concerns employment. Gaining ‘good’ or !stable Identify those aspects of probation and the probationers’ employment has been found tosupervision be related to stopping offending. own circumstances which officers employment and probationers perceived to be Similarly, unemployment, irregular or poor employment key factors in motivating and assisting the probationer to avoid records are associated with higher rates of persistence. The break-up of further the peeroffending. group has also been cited as being related to desistance by both those researching criminal careers and the outcomes of criminal ! Explore the role of events (such as changes in home life, employment justice interventions. situation and area of residence) and changes in beliefs and motiHowever, there remain some findings which are unique to each vation amongst those under supervision, and the extent to which paradigm. For example, family formation, the break-up of the peer these were perceived as reinforcing, negating or mediating the group and feeling ‘worn out’ by the criminal justice system have all impact of probation supervision and offending behaviour. been cited by criminal career researchers but have not been subject to ! Contrastinvestigations the views of the probationer with regards to the thorough by officer those and studying the outcomes of criminal probation work(although undertaken order and the as probationer’s justice sentences seeduring Burnettthe 1992). Similarly, previously response to this work. stated, criminal career research has yet fully to develop an understanding of the impact of community penalties on criminal careers. Whilst there numerous investigations haveDespite relied Perhaps thishave lack been of uniformity in findings is to bewhich expected. upon accounts ofareas probation practice from either their very similar of concern (how andthe whyperspectives people avoidoffurther officers or probationers offending), the criminal11 or career and intervention-outcome paradigms which have relied upon recorded informaare very different in work severalundertaken respects. Criminal career research has tion pertaining to the with probationers (e.g. Lloyd employed different the main selfet al. 1994),a what was methodology required was (relying a projectinwhich wouldupon compare reportedand dataprobationers’ rather than solely on data fromwork official sources) andwere has officers’ accounts of their together. Data focused upon a different setthe of variables (for of example, those related to collected so as to enable comparison their accounts of the school leaving,offending, marriage the andobstacles child-rearing). Research on he theoroutcomes probationer’s to desisting which she was 17 15 IntroductionWhat Works with Offenders Rethinking of particular sentences has relied almost entirely on officially recorded convictions and focused upon a much narrower range of variables (such as age at first conviction, previous disposals and type of intervention by the criminal justice system). These, then, are the two bodies of literature from which our knowledge in this field is derived. On one hand is the criminal career research and in particular, that which focuses upon the cessation of offending – a relatively small corpus of work and thus far with little to say on the topic of probation supervision. On the other hand is the much larger literature which deals with the outcomes of criminal sentences. This literature is hampered by its reliance upon official data and – not totally unrelated to this – its concentration upon criminal history variables. This reliance upon official data sources has prevented this body of work from unpacking the ‘black box’ of probation supervision. A research agenda What was required, therefore, was a project which would focus upon patterns of persistence and desistance and which would specifically take account of the impact on these of probation supervision and the role of social circumstances, attitudes, personal relationships and the motivation and behaviour of the probationer concerned. Such a research project would need to bring to probation research some of the methods of research, styles of analysis and theoretical perspectives employed by those interested in criminal careers. By seeking to locate probation supervision in the context of the probationer’s own personal and social circumstances, such a research project would illuminate the extent to which the aims, work and practices of probation intervention were mediated, reinforced or negated by the wider lives of those on probation and their attitude to their supervision. It would also serve to introduce to criminal career research the role played by community penalties in shaping patterns of offending in the short term, a subject which has hitherto been rarely examined by criminal career researchers. Since the original inception of the project in 1996, others have echoed the need for research of this nature: ‘The shortcomings of both [the criminal career and ‘‘what works’’] research literatures might be addressed by combining the methodological and substantive insights of desistance research of those of the rehabilitation literature’ (Maruna 2000a: 13). 16 Probation, social context and desistance from crime: Introducing introducing the agenda By asking officers and probationers to discuss probation supervision in the context of the probationer’s personal and social circumstances, and by tracking the progress of probationers over time through repeated interviews, such a project would illuminate how officers and probationers understand and perceive: ! probation supervision; ! the probationer’s wider circumstances; ! the relationship between these two; and ! their combined impact on risk factors and subsequent offending behaviour. More specifically, the aims of the research were to: ! Investigate the specific obstacles which officers and probationers perceived as standing in the way of the probationer desisting, and to track, over time, how both the officer and probationer responded to such obstacles. ! Identify those aspects of probation supervision and the probationers’ own circumstances which officers and probationers perceived to be key factors in motivating and assisting the probationer to avoid further offending. ! Explore the role of events (such as changes in home life, employment situation and area of residence) and changes in beliefs and motivation amongst those under supervision, and the extent to which these were perceived as reinforcing, negating or mediating the impact of probation supervision and offending behaviour. ! Contrast the views of the officer and probationer with regards to the probation work undertaken during the order and the probationer’s response to this work. Whilst there have been numerous investigations which have relied upon accounts of probation practice from the perspectives of either officers or probationers 11 or which have relied upon recorded information pertaining to the work undertaken with probationers (e.g. Lloyd et al. 1994), what was required was a project which would compare officers’ and probationers’ accounts of their work together. Data were collected so as to enable the comparison of their accounts of the probationer’s offending, the obstacles to desisting which he or she was 17 IntroductionWhat Works with Offenders Rethinking believed to face, how these were addressed during the order, the extent to which supervision was believed to have helped the probationer overcome such obstacles and how this was related to desistance or persistence in offending careers. The extent to which officers and probationers agreed over these matters was also investigated. By incorporating a longitudinal element into the project, shifts over time in perceptions and awareness were recorded and, in this respect, the project represented another departure from the probation studies referred to – most of which were ‘static’ investigations of probation supervision. 12 ‘Tracking progress on probation’ In order to understand the role of probation supervision in helping people to stop offending and to locate these efforts within wider social and personal contexts, an innovative project, aimed at tracking changes in probationers’ social circumstances, motivation to desist, and experience of supervision over the period of their probation order, was undertaken. The project recruited 199 probationers in six different probation services and followed them and their supervising officers through the course of their probation orders. 13 The remainder of this chapter outlines the way in which the project, which became known as ‘Tracking Progress on Probation’, sought to achieve these objectives. The rationale behind the data collection process, the manner and style of analysis, and general tenor of the research are outlined and discussed. This, then, was the ‘mind-set’ with which the project was approached. A critique of current data sources Officially collected data sets have formed a very large part of the materials used to evaluate probation outcomes (e.g. Barr and O’Leary 1966; Simon 1971; Oldfield 1996). These records have usually been based on officers’ case notes or other official records of reconviction (such as the Home Office’s Offenders Index). As such, these data tend to be concerned chiefly with the sorts of information that large administrative bodies routinely collate. For example, Radzinowicz (1958) related outcomes to the age and gender of the probationer, previous court disposals, requirements of the current probation order and the reasons for the termination of the order. Reliance upon official data sources has dominated probation research ever since. For 18 Probation, social context and desistance from crime: Introducing introducing the agenda example, By asking in officers 1994 Lloyd and probationers et al. published to discuss their critical probation analysis supervision which in compared the context the of officially the probationer’s recorded convictions personal andofsocial over circumstances, 18,000 people sentenced and by tracking to probation the progress or prison.of Following probationers the Lloyd overettime al. study through and in repeated part inspired interviews, by it,such Oldfield a project published would his illuminate analysishow of probation officers and in Kent probationers (1996). understand Like the study and perceive: he wished to emulate, Oldfield relied exclusively upon official data sources (in his case local probation !records). probation supervision; However, official data sources severely limit the nature of the ! the probationer’s wider circumstances; analyses undertaken. Although data relating to the courses completed therelationship probationer duringthese the two; probation !bythe between and order and the eventual outcome of the order (completed successfully, terminated early for ! their combined impact on risk factors and subsequent offending good progress or breached) are available, it cannot be guaranteed that behaviour. all information relevant to assessing the impact of the order will have been recorded. For example, how did the probationer respond to the More specifically, the aims of the research were to: order? Did the probationer actually employ any new techniques for avoiding offending which were learnt during the order? Did the ! Investigate the specific obstacles which officers and probationers probationer really stop offending or just avoid detection? What were perceived as standing in the way of the probationer desisting, and the probationer’s views on the input he or she received from the to track, over time, how both the officer and probationer responded probation service? Without examining individual case records, questo such obstacles. tions of this nature are very hard to answer using official data sources, yet absolutely essential to a full evaluationand of the theprobationers’ impact of a !and Identify those aspects of probation supervision probation order. own circumstances which officers and probationers perceived to be In addition, reliance upon official data sources can lead toto a rather key factors in motivating and assisting the probationer avoid uncritical approach to case files. The case file, into which officers write further offending. notes of contacts with a probationer, the topics they discussed together ! Explore the role of events (such as changes in home life, employment and other relevant matters, is a record of the interactions between the situation and area of residence) and changes in beliefs and motiofficer and the probationer. However, the case file records the vation amongst those under supervision, and the extent to which perspective of only the officer. The probationer’s experiences and these were perceived as reinforcing, negating or mediating the interpretation of probation may not have been recorded in sufficient impact of probation supervision and offending behaviour. detail to allow for meaningful research into this matter to be based on records. probationers can playwith a crucial in !such Contrast the Furthermore, views of the officer and probationer regardsrole to the terms of what is recorded – forduring example, by concealing things which probation work undertaken the order and the probationer’s areresponse not in to their thisinterests work. for the officer to know. One probationer interviewed as part of the ‘Tracking’ project said of his own case file: Whilst there have been numerous investigations which have relied If I tell [my officer] that I’m practice likely to offend, he’ll note it in his upon accounts of probation from the perspectives offiles. either 11 If I then do offend and gowhich back to court, they’ll that high risk officers or probationers or have relied uponsee recorded informaassessment me prison. So, I’mwith not probationers worried about(e.g. getting tion pertainingand to give the work undertaken Lloyd I’m worried what is written in which the filewould (PR094). et caught, al. 1994), what was about required was a project compare officers’ and probationers’ accounts of their work together. Data were Thus the so reliance official limits of thetheir analyses undertaken collected as to on enable therecords comparison accounts of the 14 solely to thoseoffending, topics about information is routinely probationer’s the which obstacles to desisting which he collected. or she was 17 19 IntroductionWhat Works with Offenders Rethinking Furthermore, this reliance ignores the fact that official probation records are based upon a complex series of interactions between the officer and probationer, which may conceal issues relevant to the eventual outcome of the order. On the occasions when data have been collected from probationers themselves, the data have usually been elicited by officers during their routine interviews with probationers rather than by independent researchers (e.g. Davies 1969) or via restrictive ‘tick box’ questionnaires, which do not always allow for expansions or explanations on the answers given. Indeed, data collected in these ways have rarely shed much light on the processes involved in the probation intervention, or upon how this intervention has impacted upon the probationer. There remains, of course, the real possibility that probationers for various reasons conceal certain aspects of their lives or offending from their officer, which in turn raises the issue of the validity of the material collated in official records (see, for example, the quote from the probationer above). What was required, then, was data collected via an alternative method, or series of methods. The research sought to assess the impact of probation supervision by asking probationers in detail about the extent to which they found probation had made a useful contribution to their lives. Further light would be shed upon the processes and outcomes of probation supervision by asking probationers what they had learnt whilst on probation, whether they felt it had helped them to avoid further trouble or alleviated particular problems which they had faced. The project therefore collected data from both those on probation and the probation officer supervising them. This strategy enabled reports of actual behaviours by both the probationer and officer to be recorded and ensured that both the professional judgement of the officer and the views and opinions of the probationer were collected. Self-reported data Of course, the reliance upon official data sources has meant that the measurement of offending behaviours is limited to recorded offending, rather than actual offending. The use of reconviction as a measure of outcome has been debated on numerous occasions over the years (see, in particular, Hood and Sparks 1970; Lloyd et al. 1994; Mair et al. 1997). 15 Generally, the outcome of the probation intervention is measured by how many people are reconvicted of a further offence within a set period of time (usually two years after the start of the order). 20 Probation, social context and desistance from crime: Introducing introducing the agenda By asking There haveofficers been several and probationers attempts toto add discuss variety probation to the nature supervision of this outcome in the context measure. of theSome probationer’s have used personal lengthand of time socialtocircumstances, reconviction instead and by of tracking the simple the progress reconvicted/not of probationers reconvicted overdichotomy time through (e.g. repeated Mair andinterviews, Nee 1992; such Lloyda et project al. 1994, would Brownlee illuminate 1995;how Oldfield officers 1996). and probationers Others have attempted understandtoand measure perceive: the seriousness of reconviction by either assessing whether the offence for which the person was reconvicted more or less serious than previous convictions, or by ! probation was supervision; considering the severity of the disposal at reconviction, the assumption ! the probationer’s wider circumstances; being that more serious offences receive more severe sentences (e.g. Mair Nee 1992;between Lloyd etthese al. 1994; ! theand relationship two;Raynor and and Vanstone 1997). How frequently a person is subsequently reconvicted is a further variation ! their combined impact on risk factors and subsequent offending on the theme, but this is seriously complicated by the fact that further behaviour. convictions may result in custodial sentences and thus take the person ‘off the street’ and reduce the time ‘at risk’ of offending (Brownlee More 16 specifically, the aims of the research were to: 1995). And, in any case, all these attempts to add ‘subtlety’ to the matter are limited by their being based on officially recorded convic! Investigate the specific obstacles which officers and probationers tions. perceived as standing in the way of the probationer desisting, and Reconviction is a relatively easy variable to collect (especially as all to track, over time, how both the officer and probationer responded but the most trivial convictions and sentences are recorded by the to such obstacles. Home Office). However, since several studies have suggested that (on about 2 perofcent of the offences actually result !average) Identifyonly those aspects probation supervision and committed the probationers’ in own a conviction; this means that the data employed to measure circumstances which officers and probationers perceived to be reoffending areinseverely biased for example, Hood andto Sparks key factors motivating and(see, assisting the probationer avoid 1970: 36; Figure 1.6, Home Office 1999: 28). There is no getting away further offending. from the fact that official data on offending are a poor substitute for ! Explore the role of events (such as changes in home life, employment well validated self-reported data on reoffending. Furthermore, convicsituation and area of residence) and changes in beliefs and motition data alone reveal virtually nothing about the probationer’s vation amongst those under supervision, and the extent to which motivation for offending, the sequence of events which led up to the these were perceived as reinforcing, negating or mediating the offence, the extent to which the offence was premeditated or indeed a impact of probation supervision and offending behaviour. range of other important contextual information. continued useofof in place ofwith reoffending a ! The Contrast the views thereconviction officer and probationer regards toisthe pragmatic than an ideal choice. The and issuethe is probationer’s still further probationrather work undertaken during the order complicated thework. fact that not all offences are equally likely to be response toby this reported, recorded, detected, proceeded against or result in a conviction. convictions for someinvestigations forms of sexual offending, for WhilstSecuring there have been numerous which have relied example, is particularly difficult, especially the victim is of a minor. upon accounts of probation practice from so theif perspectives either 11 Self-report studies, it must be have said,relied have upon theirrecorded own limitations. officers or probationers or which informaGraham and Bowling some of the most serious of Lloyd these, tion pertaining to the (1995) work outlined undertaken with probationers (e.g. including: concealing exaggerating et al. 1994),respondents what was required was or a project which their wouldoffending; compare biases resulting from the accounts reliance upon or school-based officers’ and probationers’ of theirhousehold work together. Data were samples (which could under-sample ‘serious’ offenders); memory collected so as to enable the comparison of their accounts of and the ‘telescoping’ problems; theobstacles finding that those who refuse to she partake probationer’s offending,17the to desisting which he or was 17 21 IntroductionWhat Works with Offenders Rethinking in such studies are more likely to be offenders; and the inclusion of ‘trivial’ offences which may not be appropriate for the age of the respondents. Nevertheless, several prominent researchers (Graham and Bowling amongst them) have argued that the investigation of offending by way of self-report methodologies remains a valid technique. For example, Farrington (1989: 406) found a high degree of agreement when self-reports of offending amongst the Cambridge Study in Delinquent Development cohort were checked with official convictions and concluded that ‘none of the tests of the validity . . . indicated that [self-reports] were seriously invalid or that there was any serious problem of deliberate distortion or concealment’ (ibid.: 409). Barnea et al. (1987) and Ross et al. (1995) have claimed that self-reported data gained from drug users are valid, although they suggest that the intervals between interviews are kept as short as possible. Weis (1986: 44), in his gargantuan review of the literature pertaining to the measurement of criminal careers, concluded that ‘there is much more convergence than discrepancy in [self-report and official] representations of the phenomena’. Additionally, Sampson and Laub (1993: 52) report high levels of agreement between self, parent and teacher assessments of offending. It would appear, then, that self-reports reveal more offences than official records, and that whilst there are some problems with the methodology, these are not so great as to suggest that the method is seriously flawed. When checks of self-reports have been made, these appear to have been favourable and as such support the continued use of this approach. However, despite these generally positive assessments of the validity of the self-report methodology, the ‘Tracking’ project sought to address possible biases in a number of ways. It must be said that several of the criticisms levelled at self-report methods did not, in fact, apply to the project in any case: sampling would not be undertaken at the household or school level, and as all respondents would have been convicted at least once, ‘serious’ offenders were more likely to have been included in the sampling frame. 18 Additionally, ‘telescoping’ and memory problems were reduced by seeing respondents frequently (Barnea et al. 1987), and non-response biases were reduced (but never fully overcome, of course) by also collecting officers’ accounts of the probationer’s offending. Concealment and exaggeration of offending, always hard to assess in any study, can be assessed by making checks against the officer’s accounts of offending and criminal records. 19 In addition to this, the study incorporated Elliott’s (1989: 181) suggestion that detailed follow-up probes be employed to distinguish 22 Probation, social context and desistance from crime: Introducing introducing the agenda between By asking trivial officers and non-trivial and probationers offences. to discuss The useprobation of detailed supervision follow-up probes in the context in the current of the probationer’s study also ensured personalthat anddata social pertaining circumstances, to the reasons and by behind trackingthethe probationer’s progress ofoffending, probationers the events over preceding time through the offence repeatedand interviews, other relevant such amaterial project would were also illuminate collected. how officers and probationers This study understand therefore collected and perceive: self-reported data on offending, first hand from the probationers themselves. By recording in greater detail nature ofsupervision; the offence (e.g. the background to the offence and the !theprobation social context within which it occurred, the nature of the harm done to ! the probationer’s wider circumstances; others and the extent to which the offence was planned), it was to assess between more thoroughly !possible the relationship these two;the andseriousness of the offending and, hence, to reduce the reliance upon disposal at reconviction as a ! their combined impact on risk factors and subsequent offending proxy of the severity of recidivism. behaviour. More specifically, the aims of the research were to: Reconceptualising outcomes The outcome of probation supervision has generally been concep! Investigate the specific obstacles which officers and probationers tualised as a binary variable (‘success’/’failure’) rather than degrees of perceived as standing in the way of the probationer desisting, and success or failure. This is due, perhaps, to the reliance upon officially to track, over time, how both the officer and probationer responded recorded offending, whereby people are classified as either having been to such obstacles. reconvicted or not. This conceptualisation of outcomes has severely !curtailed Identifythe those aspects of probation supervision the probationers’ work on probation outcomes, bothand theoretically and in ownofcircumstances which officers and perceived to be terms substantive findings. Virtually allprobationers the evaluations of probation key have factors in reviewed motivating and assisting thevariables probationer avoid which been treat other outcome (be ittoofficers’ further offending. assessments or the nature of the termination of the order) as a dichotomy – that is to say, an outcome which is ‘a success’ or ‘a failure’ ! Explore the role of events (such as changes in home life, employment (Barr and O’Leary 1966; Phillpotts and Lancucki 1979; Lloyd et al. 1994). situation and area of residence) and changes in beliefs and motiHowever, any reasoned consideration of the outcome of anything, vation amongst those under supervision, and the extent to which whether it be probation or some other pursuit, leads one to realise that these were perceived as reinforcing, negating or mediating the very few things are likely to be either a complete success or a complete impact of probation supervision and offending behaviour. failure. It is more usually the case that the outcome of a venture is a !certain Contrast theofviews of the officer and probationer with regards to the degree success. probation work undertaken the order themore probationer’s By conceptualising probationduring outcomes in thisand way, accurate response this work. and subtle tomeasurements may enable us to identify the salient factors associated with successful outcomes. Despite a further offence Whilst there have the been numerousmay investigations which have relied being committed, probationer have gained something from upon accounts of probation from the or perspectives of either the order – a reduction in practice a harmful habit better employment officers or probationers prospects. These real, 11beneficial, changes areupon ‘lost’recorded when outcomes or which have relied informaare considered about with offending and solely as a tion pertaining toasthebeing worksolely undertaken probationers (e.g. Lloyd binary measure. order to tease these which gradations impact, et al. 1994), what In was required was out a project wouldofcompare rather than approaching accounts ‘success’ ofastheir being thetogether. total absence of officers’ and probationers’ work Data were offending,sothe to which an individual was accounts showing ofsigns collected as extent to enable the comparison of their the of desisting was measured. This allowed for anwhich individual to have probationer’s offending, the obstacles to desisting he or she was 17 23 IntroductionWhat Works with Offenders Rethinking offended during the order without immediately declaring him or her to have ‘failed probation’. Success was also assessed in terms of the eradication of specific obstacles to desistance faced by the probationers. Describing probation supervision Very few of the studies reviewed have gone much beyond the most basic descriptions of the work undertaken by the probation officer, a point made by Hedderman (1998: 1) when she wrote ‘we know little about the content of one-to-one supervision’. The character of the intervention, the sorts of topics discussed and how key problem areas in the probationer’s life were tackled have not been made the subject of exhaustive research. Yet one-to-one work remains the mainstay of probation supervision. Despite the increase in the use of group-work programmes, reporting schemes and partnerships, very few (if any) probationers will complete their supervision without having been subject at some point to one-to-one supervision. Some research studies have described various projects (e.g. Wilkinson 1997) or particular court requirements (e.g. Mair and Nee 1992). Wilkinson (1997: 569) for example, described the Ilderton motoring project run by ILPS thus: it gives young people who have become involved in car crime a chance to pursue an enthusiasm for cars in a constructive and responsible fashion. The aim is [that] this should take place in a disciplined environment which challenges their offending. Ilderton is effectively a large garage and workshop where young people can work on cars and learn about how they function and are maintained, most of the work is done in the project where young people may work on their own cars, or restore old cars for use in ‘banger’ racing . . . Whilst Wilkinson’s description gives one a flavour of the programme, it remains unclear exactly which of these features of the programme are intended to be of help to those involved, were actually of help or in what ways they helped. Mair and Nee (1992: 330) considered the impact of day centres: ‘Day Centres vary from place to place in terms of the number and types of staff, the kinds of offenders accepted, the programme and courses on offer, the length of order and the opening times of centres.’ The most detailed description of the sorts of activities provided is ‘. . . social/life skills . . . health/welfare activities, art/craft work and sport . . .’ (ibid.). As such, the descriptions of the work undertaken and the impact that this has had on probationers, their lives and patterns of offending have 24 Probation, social context and desistance from crime: Introducing introducing the agenda never By asking been officers fully spelt and out. probationers Without toa discuss full appreciation probation supervision of what a in particular the context officer of did the with probationer’s a particular personal probationer and social at a circumstances, particular time during and bytheir tracking supervision the progress with regards of probationers to a particularover problem time itthrough is hard to repeated understand interviews, fullysuch the aprocesses project would by which illuminate officers how successfully officers and intervene probationers in understand the lives ofand those perceive: whom they supervise. The project therefore collected data about the specific obstacles to desistance faced each probationer, how these were dealt with and the eventual !byprobation supervision; outcome(s) of these efforts. ! the probationer’s wider circumstances; ! the relationship between these two; and Exploring the role of social and personal factors ! their combined impact on risk factors and subsequent offending If the desistance literature demonstrates anything, it is this: that people behaviour. can, and regularly do, stop offending without the assistance of any of the branches of the criminal justice system. This raises the question: to More specifically, the aims of the research were to: what extent is desistance after intervention the result of that intervention, or the result of other social or individual processes at work? 20 ! Investigate the specific obstacles which officers and probationers Because so much of the probation literature ignores the social and perceived as standing in the way of the probationer desisting, and personal circumstances which might influence an individual, it also to track, over time, how both the officer and probationer responded ignores the possibility that it may not be probation that induced to such obstacles. change, but rather the influence of other factor(s) – or a combination of !probation Identify and thoseother aspects of probation andof the probationers’ factors. There is supervision a certain sense irony haunting circumstances which officers probationers to be theown literature with regards to this and issue. Probation perceived is a community key factors in motivating and assisting avoid penalty, but many have neglected to includethe theprobationer role of ‘the to commufurther offending. nity’ in their investigations of probation supervision. The solution to this conundrum is to locate and understand probation interventions ! Explore the role of events (such as changes in home life, employment and changes in the life of the probationer in the social and personal situation and area of residence) and changes in beliefs and motimilieus in which they live. vation amongst those under supervision, and the extent to which Although May’s study (1999) went some way towards addressing these were perceived as reinforcing, negating or mediating the this deficiency, most studies of probation supervision have been impact of probation supervision and offending behaviour. limited to those topics about which probation services routinely collect !data, Contrast theage; views of theattendance; officer and probationer regards to the namely: gender; length of thewith order; reasons for probation work undertaken during One the order the probationer’s termination; and previous disposals. of theand earliest attempts to response to this work. locate probation work in a wider social context was that undertaken by Davies (1969), who addressed a range of probationers’ circumstances Whilst there have been investigations which haveDavies relied (employment, health, peernumerous groups, home life and partnerships). upon of probation practice fromwere the related perspectives of either found accounts that a number of these variables to subsequent 11 officers or probationers failure on probation. For example, it was found thatrecorded those with poor or which have relied upon informamental health, who lived in ‘dirty’ homes, hadprobationers disliked their previous tion pertaining to the work undertaken with (e.g. Lloyd two or were was generally ‘unfriendly’ towards their et al. jobs, 1994),were whathostile was required a project which would compare officer likely toaccounts fail theirofprobation order. However, officers’were and more probationers’ their work together. Data since were then, theresohas little further work in this one of of the collected as been to enable the comparison ofvein. theirIndeed accounts most important investigations of probation supervision the was UK probationer’s offending, the obstacles to desisting which he in or she 17 25 IntroductionWhat Works with Offenders Rethinking (Folkard et al. 1974, 1976) barely referred to social and personal variables at all. This general neglect of social and personal factors is extraordinary in view of the well established fact that there is a strong link between some forms of offending and some social and personal circumstances (see, for example, the reviews of this literature in Johnson 1979; Tarling 1993; Adams 1997; Farrington, 1997). Thus, the ‘Tracking’ project collected data concerning the probationer’s social and personal life in order to assess the impact of such variables on the work undertaken as part of the probation order. Research design, data collection and analysis Very few research projects conducted into probation outcomes have employed prospective longitudinal designs; most have been retrospective, and most have been concerned with comparing the reconviction rates of probation-based disposals with, most commonly, prison and community service (e.g. Phillpotts and Lancucki 1979). Many researchers have therefore not considered changes in variables over time. For example, Radzinowicz (1958) and Davies (1969) related probation outcomes to features of the probationers’ lives when they started probation. As such, the sorts of variables which dominated these studies include age at the start of the order, previous convictions and disposals. These variables were all ‘static’ – that is to say, variables that could never change during the course of a probation order. However, there is good reason to hypothesise that ‘dynamic variables’ relating to the probationer, such as changes in employment, marital status or drug dependency, may be related to probation outcomes (Andrews 1989). In recent years there has been an increasing interest in the role that dynamic variables can play in explaining successful probation outcomes. Dynamic variables, by their very nature, require time in which to change. Only a longitudinal research design, which at each interview asks probationers about the sorts of problems they face, how these have changed from the time when previous interviews were conducted, how the probationer anticipates them to change in the future, and locates these in both the context of the probation order and the wider social context, can measure the effects of change in these variables and their impact on offending. One of the results of the reliance upon official records is that most of the data available for analysis have been numerical. Indeed, it must be said that the probation research reviewed earlier relied almost exclusively upon quantitative data sets. Whilst such data sets are essential for 26 Probation, social context and desistance from crime: Introducing introducing the agenda theByproduction asking officers of rates andofprobationers reconviction,toquantitative discuss probation data analyses supervision miss the in the nuances context of of probation the probationer’s work. These personal criticisms and social are part circumstances, of a wider critique and by of tracking quantitative the progress research methods of probationers as they over are used timein through generic social repeated investigation interviews,and suchcriminology a project would (see, for illuminate example, how Bowling officers1993: and 241–43). probationers Quantitative understand data and sets perceive: convert social processes into ‘events’ and ignore subtle changes in experiences or feelings (Bryman 1984). ‘Tracking’ project therefore collected data in such a way that the ! The probation supervision; nuances of probation work and their relationship to outcomes could be ! the probationer’s wider circumstances; more readily understood. This has been achieved by the use of ‘open-ended’ questions andthese the tape of some interviews. In ! the relationship between two;recording and addition to overcoming the deficiencies noted above, the project also ! their combined impact on risk factors and subsequent offending employed an innovative approach to longitudinal research based on behaviour. the earlier work of Burnett (1992, 2000). Most longitudinal research involves returning to respondents in order to bombard them repeatedMore specifically, the aims of the research were to: ly with similar questions about the same topics. Results over time are then compared, the aim being to draw conclusions about the causal ! Investigate the specific obstacles which officers and probationers ordering and timing of key events. Does, for example, unemployment perceived as standing in the way of the probationer desisting, and precede offending, or offending precede unemployment? Whilst anato track, over time, how both the officer and probationer responded lyses of this nature have driven forward the understanding of patterns to such obstacles. of offending over the life-course, such a style of analysis does not fully establish or in wayssupervision variables may to one ! Identifywhy, thosehow aspects of what probation and be therelated probationers’ another over time. Whilst unemployment may precede offending, it own circumstances which officers and probationers perceived to be does not follow that it caused it. key factors in motivating and assisting the probationer to avoid Similar issues are raised when one considers the impact of probation further offending. supervision. Whilst being on probation may precede the probationer ! Explore the role of events (such as changes in home life, employment gaining full-time employment, it does not follow that it was probation situation and area of residence) and changes in beliefs and motisupervision which directly led to the probationer gaining employment. vation amongst those under supervision, and the extent to which Thus in order to establish the ways in which probation supervision these were perceived as reinforcing, negating or mediating the impacted upon the lives of those on probation, officers and probationers impact of probation supervision and offending behaviour. were prompted to discuss specific issues which they raised at previous interviews and these had Through technique, ! Contrastand the how views of why the officer andchanged. probationer with this regards to the theprobation project had theundertaken measurement of change built and into the its very heart. work during the order probationer’s response to this work. Notes Whilst there have been numerous investigations which have relied upon accounts of probation practice from the perspectives of either 1 Probation orders are now known as community rehabilitation orders, and officers or probationers 11 or which have relied upon recorded informacombination orders as community punishment and rehabilitation orders. tion pertaining toconviction the workisundertaken withtheprobationers Lloyd 2 The peak age of the age at which proportion of(e.g. convictions et al. 1994), what was required was a project which would compare per 100,000 of the population is highest. officers’ and probationers’ of their work together. Data were 3 See Farrington (1997) for aaccounts more thorough summary of the literature and collected so etasal.to enable the comparison of their accounts of the Blumstein (1986) for discussions of the methodological sophistication of this field,offending, its policy uses other substantive probationer’s the and obstacles to desistingissues. which he or she was 17 27 IntroductionWhat Works with Offenders Rethinking 4 The studies undertaken by Burnett and by Leibrich could arguably be included with the research which has attempted to measure the effectiveness of the criminal justice system. However, their reliance on self-reported data, extensive use of qualitative interviews and exploration of the social and personal factors associated with persistence/desistance means that they have more in common with the criminal career paradigm. 5 There is also, of course, the issue of domestic violence, which clearly calls into to question the observed association between partnership and desistance. For a discussion of findings relating to desistance from domestic violence, see Fagan (1989), Feld and Straus (1989, 1990), Quigley and Leonard (1996) and Tolman et al. (1996). 6 For example, some of the earliest investigations of the relationship between employment and desistance relied upon relatively young populations. For example, Rand’s (1987) sample was under 26 years old, the members of Mulvey and La Rosa’s (1986) sample were all between 15 and 20 years old with an average age of 18 and, more recently, Graham and Bowling’s (1995) sample were aged 17–25. Similarly, early investigations of the relationship between marriage and desistance were also based on relatively young populations: Mulvey and Aber’s (1988) sample were aged between 16 and 19 years old; Pezzin’s (1995) were between 14 and 22; Rand’s (1987) were under 26; Knight et al.’s (1977) sample were all under 21, and the later extension of Knight et al.’s analyses (Osborn and West 1979) followed these men until they were 22–23. 7 See Chapter 10 on the relationship between desistance and gender and race in the current study. 8 Like any body of literature, the published studies of desistance suffer from certain biases and omissions, not least of all their geographical concentration. Virtually all the studies on desistance have been conducted in either the UK or North American (in particular the USA). There have been some studies conducted outside these areas – Mischkowitz’s (1994) study was based in Germany, Leibrich’s (1993) study in New Zealand and Chylicki’s (1992) in Sweden – but it remains the case that the bedrock of our knowledge about desistance has come from two geographical regions. This is not to say that these findings would not hold in other regions (Mischkowitz, Leibrich and Chylicki did not suggest anything remarkably different from the main literature), but rather that findings have to be ‘translated’ with care. Societies which place less emphasis on employment or family relationships as indicators of ‘success’ may accordingly have different processes of desistance. White-collar offenders are another neglected topic in the desistance literature. Most, if not all, of the research conducted so far has focused upon desistance from street crimes (robbery, violence, drug dealing), acquisitive crimes (burglary, theft and handling stolen property) or petty crimes (under-age drinking, cannabis use or fighting). The crimes of the powerful, once again, appear to have been omitted from the research 28 Probation, social context and desistance from crime: Introducing introducing the agenda agenda. of offenders which have probation not been the subject of By askingAnother officersgroup and probationers to discuss supervision exhaustive are sex offenders. Possibly the closest we get to a in the contextinvestigation of the probationer’s personal and social circumstances, the processes of desistance sex offenders over is that time by Acklerley et andstudy by of tracking the progress of by probationers through al. (1998), and even this is based entirely upon officially recorded data repeated interviews, such a project would illuminate how officers and (which fails to tap undetected offending). Most of the literature on sex probationers understand and perceive: offenders details the various intervention programmes run by probation services and prisons. !9 probation supervision; Day centres were introduced as part of the Criminal Justice Act 1982 and were generally a condition made as part of a probation order for young ! the probationer’s wider circumstances; people (17–25-year-olds) with several previous convictions and custodial ! the relationship between these two; and experiences. 10 Intensive probation was a short-lived programme which was aimed at ! their combined impact on risk factors and subsequent offending 17–20-year-olds and run as a series of pilot studies in the early 1990s (see behaviour. Mair et al. 1994 for an outline of some of the schemes). 11 For example, see Stewart et al. (1994), which reports officers’ accounts of the More specifically, the aims of the research lives of their probationers, or Mair andwere May to: (1997), which reports probationer’s accounts of the supervision they were receiving. 12 The distinction and ‘dynamic’ investigations is discussed ! Investigate the between specific‘static’ obstacles which officers and probationers in greater detail presently. perceived as standing in the way of the probationer desisting, and 13 to The methodology, sample characteristics andand research tools areresponded dealt with track, over time, how both the officer probationer in Chapter 3. to such obstacles. 14 There is also the possibility that, knowing these records may be reviewed ! Identify those management, aspects of probation therecords probationers’ by probation probationsupervision officers useand these to ‘construct’ defendable accounts of their and work. Similar processes have to been own circumstances which officers probationers perceived be observed in other branches of and the legal and criminal apparatus (McConville key factors in motivating assisting the probationer to avoid et al. 1991). further offending. 15 Hood (1963: 90–92) was an early advocate of using additional criteria to ! Explore the role of (suchtaken as changes home life,toemployment judge outcomes, yetevents few have up his in suggestion measure the situation and area of residence) and changes in beliefs and motiextent to which probation helps people build constructive usage of leisure vation amongstattitudes, those under supervision, thethe extent to which time, improves educates them and and makes ‘. . . inadequate more adequate’. these were perceived as reinforcing, negating or mediating the 16 impact Although of course, shouldand not be thought of as ‘crime-free zones’; of prisons, probation supervision offending behaviour. see O’Donnell and Edgar (1996). ! Contrast the views ofrespondents the officer and probationer with regards to the 17 ‘Telescoping’ refers to reporting offending which falls outside probation work of undertaken the order andofthe probationer’s the time-frame the study. during For example, reports offending which response to this should have beenwork. limited to the year 1985 including offences committed prior to 1985 (‘forward telescoping’) or offences committed after 1985 (‘backward telescoping’). Whilst there have been numerous investigations which have relied 18 See accounts Chapter 3 of forprobation an outline practice of the probationers were recruited into upon from the who perspectives of either the study and the offences whichhave theyrelied had been found guilty. informa11 officers or probationers or of which upon recorded 19 The extent to which respondents exaggerate the frequency of their tion pertaining to the work undertaken with probationers (e.g. Lloyd offending or the seriousness of their offending, may itself have been the et al. 1994), what was required was a project which would compare subject of some exaggeration. Writing in the 1960s, Hood and Sparks (1970: officers’ and probationers’ accounts of atheir workamongst together. Data were 67) concluded that whilst there may be problem ‘a few isolated collected so asthere to was enable the comparison of exaggeration’, their accounts the individuals’ ‘no evidence of consistent and of several probationer’s offending, the obstacles to desisting which he or she was 17 29 IntroductionWhat Works with Offenders Rethinking test-retest studies and other exercises to assess the honesty of reportings have confirmed this. 20 A point which few studying probation outcomes appear to have recognised (or been willing to admit to having recognised). Worrall (1997: 13) has been one of the few to have recognised the possibility that the sentence may have been irrelevant to an individual’s desistance. She writes (ibid.): ‘[people] stop committing crimes for many reasons and the sentence they receive may be only one (and possibly the least significant) of several influential factors.’ 30 Chapter 2 Realism, criminal careers and complexity Being able to measure change is one thing, being able to account for it is quite another. Three bodies of literature informed the data analyses and, in particular, helped to make sense of change: ‘realistic evaluation’, as most notably outlined in Pawson and Tilley (1997); developmental and interactionist approaches to criminal careers (see, for example, Sampson and Laub 1993; Thornberry 1997; Ulmer and Spencer 1999); and David Byrne’s work on complexity (1998). Pawson and Tilley placed social contexts centre-stage in their manifesto of how evaluation research should be improved and, as such, their work resonates with the intention of exploring in greater detail the role of social and personal circumstances in fostering or preventing desistance. The interest in developmental processes has been one of the most exciting growth areas in criminology in recent years, and has been important in shaping both conceptions and knowledge concerning criminal careers (see, for example, Moffitt 1997). Ulmer and Spencer’s (1990: 107) critique of ‘criminal careers’ from an interactionist perspective formalised a set of assumptions which were useful when exploring probationers’ responses to probation supervision. Finally, Byrne’s (1998) work has introduced to social research an agenda and a set of ideas aimed at exploring the relationships between three or more variables, especially when these relationships are non-linear. These ideas have been employed as ‘sensitising devices’. Thus they are not referred to continually throughout this book. Rather they have been used selectively in analysing and ‘thinking about’ some of the issues to be dealt with. These ideas alerted the author to some of the issues and processes involved in the outcomes of probation supervision and the influence of such supervision on criminal careers, and suggested ways in which the analysis of these phenomena should be approached. Thus the manner of their usage is akin to Sparks et al.’s DOI: 10.4324/9781003143789-3 31 IntroductionWhat Works with Offenders Rethinking (1996: 70) use of Anthony Gidden’s structuration theory in their investigation of order in prisons – that is to say, these ideas are ‘good to think with’. Realistic evaluation In a number of publications, Pawson and Tilley have argued that too little attention has been paid to the methodologies used to evaluate criminal justice interventions (Pawson 1997; Pawson and Tilley, 1994, 1996, 1997; Tilley 2000). They criticised the research community for having reached a state in which knowledge suggests that ‘some things . . . work’, but ‘. . . in which inconsistent results, non-replicability, partisan disagreement and above all, lack of cumulation remain to dash the hopes of evaluators seeking to establish clear . . . guidelines to policy making’ (Pawson and Tilley 1994: 291–92, emphases in original). Whilst they did not deny that implementation failures, poorly designed policies and political processes have also contributed to this state of affairs, Pawson and Tilley (ibid.: 292) found fault with the research community, who, they said, should face the real possibility that ‘. . . research sloth rather than political blight is responsible for us being unable to speak with confidence about ‘‘what works in programming’’ ’. When the literature on probation outcomes is examined, it becomes clear that even those projects with similar styles of intervention, similar target populations and similar research methodologies have not produced a set of consistent results about which programmes ‘work’. Ted Palmer (1996: 136–40), in reviewing the aspects of successful intervention with probationers, wrote that ‘. . . evaluations of physical challenge . . . have been mixed and wide ranging . . .’, ‘group counselling or therapy approach presents an especially mixed . . . picture’, ‘individual counselling or therapy had similarly mixed results . . .’, ‘work experience programs were associated with positive outcomes in about one in every three operations . . .’ and so on. The upshot from this rather confusing situation is that whilst some ‘successful’ aspects of interventions have been identified (e.g. ‘multi-modal’ programmes – Palmer 1996: 143 – or, in some reviews, employment schemes – Lösel 1995), generalised statements about ‘what works’ are hard to make with any level of certainty. This uncertainty poses a problem for those designing intervention strategies and for those working with probationers. Pawson and Tilley’s critique accordingly demands an answer to the question: ‘What works in evaluation research?’ The answer which Pawson and Tilley offer is that the ‘traditional’, quasi-experimental 32 Realism, criminal careers and complexity methodologies used to establish causality are the root cause of this gap in our knowledge base. Their solution is to incorporate what they refer to as ‘scientific realistic methodologies’ into criminal justice research. Realist philosophy has attempted to avoid both positivist and relativist theorising in its explanations of social events. Some have characterised realist philosophy as being ‘commonsensical’ (Williams and May 1996: 81). Realists argue that the world has an existence independent of our experiences and perceptions of it, and view concepts such as ‘causality’, ‘explanation’, ‘prediction’ as valid. As such they argue that causal mechanisms can be discovered, understood and described. Many realist philosophers take as the starting point for their conceptualisation of realism the activities of laboratory-based scientific investigations. Such investigations only make sense as explanations of ‘the way the world operates’ if one believes that the objects or people under investigation in the laboratory continue to behave in the same ways when they are not in these laboratories. However, social realism (and therefore realistic research) is committed to a number of principles which suggest that people will not act in the same way inside a laboratory as they would outside a laboratory. Laboratory settings are essentially ‘closed’ – that is to say, extraneous variables are controlled for and/or removed. In contrast, non-laboratory settings are essentially ‘open’ systems. Any number of factors may be introduced at various times, for various reasons and with various outcomes. In short, in non-laboratory settings it is virtually impossible to control for all possible influencing variables. This critique led Pawson and Tilley (1997: 38) to conclude that: . . . corrections evaluation needs to develop a much more comprehensive model of the way that different subjects make choices in response to the range of opportunities offered in the course of a programme. Experimental evaluation is simply not attuned to grasping this challenge. The volition of the subject [in laboratories] has to be treated in the same way as any other threat to the integrity of the basic [laboratory] design. That is to say, it is to be regarded as ‘noise’, as a ‘confounding variable’ which has to be controlled . . . in order to allow the real experimental apparatus to get rolled into place. Working on the assumption that ‘communities clearly differ’ (1994: 298) – a point that can easily be extended to individuals – Pawson and Tilley attempt to take account of specific contexts and individual 33 IntroductionWhat Works with Offenders Rethinking motivations. They view communities as having different cultures (e.g. religious beliefs, pro-offending); different structures (e.g. rates and nature of employment, long or short term); and different relationships (e.g. the amount and nature of contacts between various groups in the community). The same can be said of individuals – for example, a probationer will have a set of cultural beliefs (e.g. ‘stealing from private companies is acceptable, but stealing from private individuals is wrong’); will be located in a series of structures (past and ongoing employment histories and peer groups); and will have a number of relationships with other people and organisations (e.g. employer, friends, the benefit office and so on). A particular form of intervention will only ‘work’ if the circumstances in which it is enacted enable it to operate in the manner intended. If, for example, a probationer with a ‘quick temper’ is unable successfully to reduce or control her alcohol intake, is unwilling to accept that she has ‘a problem’ or believes that probation is ‘a waste of time’, then the intended purposes of an anger management programme will be affected accordingly. Five ‘component parts’ (‘embeddedness’ – the relationship between a ‘thing’ and the wider social context in which it is to be found; ‘mechanisms’ – the processes through which a form of intervention achieves an outcome; ‘contexts’ – the wider social, temporal, geographical ‘backgrounds’ which impinge upon the intervention; ‘regularities’ – the relationship between two or more variables; and ‘change’ – making the regularity between the chosen variables different) characterise realistic evaluation (Pawson and Tilley 1997: 63–78). To say that something is ‘embedded’ into a wider range of social processes is to say that it only ‘makes sense’ because it contains assumptions about the norms, rules and procedures which govern other social institutions. For example, breaching a probationer for the non-attendance of the Community Service element of his probation order, the completion of all the attending paperwork and the imposition of a new disposal only ‘makes sense’ in the wider organisation known as the criminal justice system. Translating this into the language of social causality produces a statement something like this: causal powers lie not with particular objects (such as the paperwork), nor with individuals who process this paperwork (the court clerks), but in the social relationships, organisations, rules and procedures to which they belong and of which they form a part. As such, one particular action (for example, a court’s request for a pre-sentence report), leads to another action (a PSR meeting and the eventual writing of the report) because of the accepted relationship of these actions both to one another and to a completion of a wider task (in this case appropriate sentencing). 34 Realism, criminal careers and complexity This relatively simple principle is the starting point for understanding how programmes can be evaluated along realistic principles. The ‘delivery’ of, for example, an employment training course, involves a complex series of events and actions. It is (often) made up of a curriculum of activities which are attempts to impart a set of ideas and skills to the probationer. Such ideas include (for example) understanding how to organise a job search, how to present oneself at interview and so on. These actions and events take place (in the main) in probation offices and, as such, will be bound by expectations of how probationers should behave, both in the office and away from it, and about how the probationer should be treated. Similar expectations govern the activities of officers. The officer will have one set of priorities in terms of the work that needs to be addressed during a probation order, and the probationer may (or may not) share this agenda. The employment and training course is also about the people involved in its delivery – the probationer, the officer leading the course, partnership staff, secretarial staff and perhaps others still. All these people will bring with them their own set of backgrounds, ideas, assumptions and prejudices – which may influence a particular probation order or group programme in numerous ways. In addition to this, a programme of intervention takes place in a particular place, at a particular time. That is to say, not just in a particular country but a particular region, and even then not just a particular city, but a particular suburb of that city. Different locales will experience a variety of structural conditions (such as chronic unemployment or a vast housing shortage). These conditions will in turn affect the services that are available in that locale and the amount that can reasonably be done to help a probationer; thus less should be expected from seeing an employment training officer when local unemployment rates are running at 20–25 per cent than if they were at 2–3 per cent. A programme must also be understood to be temporally located. Not only is probation supervision in the late 1990s different from probation supervision in the 1960s or 1970s, new social and economic factors have also emerged. Heroin, video-players and credit cards – common features of the 1990s – were either less widespread or non-existent in the 1960s. Employment training courses, probationers, probation officers and probation services are embedded in wider social contexts. These range from the truly macro (global economic down-turns) to the micro (the office may be a long way from where many of its probationers live). Probation is ‘. . . its personnel, its place, its past and its prospects’ (Pawson and Tilley 1997: 65). To ignore such aspects of a programme 35 IntroductionWhat Works with Offenders Rethinking of intervention is perhaps to ignore the very elements which ensure its success or contribute to its failure. Mechanisms are the processes through which a form of intervention achieves its aims (or fails to achieve its ends). Understanding a mechanism means coming to understand the choices people are presented with and the capacities which they possess via the membership of various social groups. For example, understanding why a probationer failed to attend a group programme being run for unemployed probationers in a town 20 minutes by bus from where he lives means understanding his choices (to go or to not go) and the capacities he possesses as a result of being unemployed (the time, but neither the money nor car). Similarly to understand why the same programme worked for another probationer (this time, say, an educated female white-collar probationer), one needs again to consider her choices and capacities: money left from having worked recently, motivation to gain employment, good presentational skills, availability of suitable jobs in that area, similarity to programme staff in terms of goals and educational qualifications and so on. Having identified the programme mechanisms, one is able to start to move to a position in which one is able to identify what it is about the programme which makes it work – or not work. How would evaluating such mechanisms work in practice? Consider again the group programme for unemployed probationers. One could start by thinking about the mechanisms that may be involved in its operation. The programme may work via a process of empowerment – for example, putting probationers in touch with services that improve their interview skills. Alternatively, it may work by increasing the probationers’ motivation to work by coercing them into demonstrating each week that they have applied for jobs, which they then find they want. Such schemes may also work by getting probationers to think about their own resources, through making probationers list those they know who may be able to get them work, or who may know of job vacancies elsewhere. The mechanisms by which a group programme may work are numerous, and may not be easy to tease out. Clearly, whichever of the mechanisms is found to be operating, there will be elements of both individual actions and the wider social context at work in producing the outcome. A programme may have numerous contacts and ways of getting people to think about their opportunities for finding employment, but in the end it is the individual who completes the application form, goes for the interview and decides to take the job if offered it. As such, in explaining an outcome in this manner, one is not simply producing a list of correlates which associate 36 Realism, criminal careers and complexity actions with outcomes – rather one is attempting to explain how this outcome is produced. The mechanism is therefore an account of the ‘. . . make up, behaviour and inter-relationships of those processes which are responsible . . .’ (Pawson and Tilley 1997: 68) for producing that particular outcome. Pawson and Tilley (ibid.) portray ‘contexts’ as being the ‘partner concept’ to mechanisms. They argue (ibid.: 69) that ‘. . . the relationship between causal mechanisms and their effects is not fixed, but contingent’, meaning that such relationships rely upon the context being one which encourages (or at least does not discourage too greatly) the relationship between mechanisms and outcomes. To return to the example of the group programme for unemployed probationers, in a context of high unemployment and very little opportunities for work, most programmes of this nature would fare poorly. This may lead some to conclude that such programmes ‘don’t work’, but rather the more accurate conclusion should be that the programme did not work in those conditions. A ‘regularity’ is the relationship between two or more variables which can be translated into a general rule, for example, the age–crime curve discussed in Chapter 1. Explaining such ‘regularities’, ‘rates’, ‘patterns’ and ‘associations’ is the very task of research. This takes the form of positing a mechanism which is key to the production of the regularity. This is understood further (e.g. in terms of why a mechanism operated, or failed to operate) by reference to the various contexts upon which the success of the mechanism is contingent. Pawson and Tilley (1997: 72) claim that ‘when an evaluator tells us that a programme is a success (the regularity), s/he should demonstrate what it is (the mechanism) about the programme which works for whom in what conditions (the contexts)’. In other words, if an evaluator reports that the employment training course is a ‘success’ he or she has to demonstrate that the regularity changed in the desired direction (i.e. that rates of offending for those who were enrolled on the course were reduced), that this could be attributed to some particular aspects of the course (e.g. it was being taught how to write speculative letters asking about vacancies), and the groups and contexts (e.g. middle-aged men with recent experience of semi-skilled employment) to which this applied. Social systems such as probation are ‘open’ – which is to say that they are open to influence from a number of sources. This includes the very people running the programme and those undertaking the programme. Aware of the regularities and mechanisms which help to shape their lives and the lives of others, these actors will be aware of 37 IntroductionWhat Works with Offenders Rethinking the wider social forces which limit their own options. Whilst some people may wish to change the regularities which pervade their lives, these changes may or may not occur as they may or may not – for a number of reasons – be able to alter these regularities. For example they may not have sufficient capacities to produce the desired changes, others may be able to counteract their actions or they may be unaware of exactly how the mechanisms operate and, therefore, be unable to produce the exact changes desired. These insights bring to the investigation of the outcomes of criminal justice interventions a concern with documenting the social and personal contexts within which such interventions occur, the responses of those engaged in these interventions and an emphasis on understanding and accounting for the mechanisms of change. Approaching criminal careers The emphasis on employing insights gained from individual histories and contexts as suggested by realistic research methodologies, and the earlier call for a greater degree of specificity in understanding the role of probation supervision, resonates with some of the approaches adopted by developmental criminologists (e.g. Moffitt 1993; Sampson and Laub 1993; Warr 1998), and the interactionist perspective on the development of criminal careers as summarised by Ulmer and Spencer (1999). The criminal career literature has become heavily influenced by a set of ideas commonly referred to as the developmental (or life-course) perspective. 1 The life-course perspective is concerned with ‘pathways through the age differentiated life span’ and ‘expectations and options that impinge on decision processes and the course of events that give shape to life stages, transitions and turning points’ (Elder 1985: 17, quoted in Sampson and Laub 1993: 8). Two concepts central to this perspective are the notions of ‘trajectory’ and ‘transitions’. The first refers to a line of development over the life-course (such as, for example, an employment career), and the second refers to events (e.g. first job, promotion and so on) which may alter in some way a trajectory. Sampson and Laub (1993: 8) summarise the perspective as focusing upon ‘. . . the duration, timing and ordering of major social events and their consequences for later social development’. As well as being the source of several debates (see Hirschi and Gottfredson 1995; Sampson and Laub 1995), the life-course perspective has contributed greatly to the insights generated by criminal career 38 Realism, criminal careers and complexity research and the ways in which these have been interpreted. For example, Sampson and Laub (1993) relied heavily on life-course perspectives in developing a theory of age-graded informal social control. The aim of those who have employed insights gained from the life-course perspective in the study of crime has, essentially, been to understand involvement in crime as a developmental process. To this end, researchers who have relied upon this perspective have aimed to identify features of an individual’s life, or behavioural patterns, which increase their likelihood of offending. These features and behavioural patterns may start in the very early years. For example, Farrington (1997: 383) has shown how persistent offending between the ages of 21 and 32 was best predicted by variables associated with life-styles between 8 and 18 years. This approach to explaining offending often emphasises the outcomes of offending as much as the precursors. Thus, offending at an early age may create problems at school for an individual, resulting in him or her leaving school with few or no qualifications, making secure employment harder to gain, and which may in turn make for a life in which offending is more likely than if employment had been gained (Farrington 1977; Farrington et al. 1978, 1986). Thornberry (1997: 1–10), in his introduction to a volume devoted to the application of the life-course perspective to criminological theorising, outlined a number of advantages of developmental approaches in criminology over non-developmental approaches. Developmental theories have been able to identify and offer explanations for important variations in rates of offending over the life-course. As such, this perspective has introduced a new vocabulary to research on offending behaviours. Onset, escalation, persistence, deceleration, specialisation, desistance (to name a few of the terms currently employed) are now all aspects of offending about which more is now known than was the case even ten years ago. Secondly, when the developmental aspects of offending are taken into consideration, two ‘ideal types’ of offender emerge. The first type (often referred to as persisters or early starters), start their offending at a young age (pre-teens in some cases), and continue to offend for long periods of their lives. The second type start their offending at an older age (often during adolescence) and have usually ceased to offend by the time they have reached their mid to late 20s (Moffitt 1997). The observation that these two types of offending careers differ has implications for both policy and theory and has been validated by further research (Kratzer and Hodgins 1999). In theoretical terms it suggests that different explanations of engagement and desistance may be required for each of these groups. In policy terms it suggests that 39 IntroductionWhat Works with Offenders Rethinking those who can be identified as likely to have lengthy offending careers ahead of them may be candidates for selective incapacitation (Farrington 1992a). However, there are persuasive ethical arguments against such a policy. 2 The third way in which developmental theories improve upon non-developmental explanations is that they have been more directly concerned with the wider contexts of offending behaviour. The roots of offending behaviours have been shown to be related to early experiences, often in childhood. By understanding the role of these correlates (such as poor housing, poor parental supervision, low family income), the ability to explain the onset and persistence of offending is enhanced. Similarly, involvement in offending is likely to have a profound effect upon the rest of an individual’s life; indeed, ‘Serious and prolonged involvement in delinquent behaviour is likely to adversely influence social relations with family and peers, belief systems, and the success and timing of transitions to adult roles and the life course’ (Thornberry 1997: 4). Finally, developmental theories of offending highlight the role of particular events in shaping offending trajectories. Engagement in offending has been observed to alter as people’s lives undergo various transitions, such as changes in marital status, employment status, place of residence and so on. Thus a person’s engagement in offending behaviours can be described in part by the trajectories along which his or her life unfolds and the occurrence (or lack of, in some cases) of certain transitions which alter the course of his or her trajectory. Despite its utility in accounting for offending amongst the general population, the developmental perspective has yet to be widely adopted by those researching the impact of specific criminal justice interventions. Burnett (1992) has been one of the few to adopt a developmental approach. In her study of those released from prison, Burnett found that changes in family and employment circumstances were cited by desisters as the reasons for their wishing to avoid further trouble. Related to these issues, Ulmer and Spencer (1999) argue convincingly that the term ‘criminal career’ has been used in different ways by two contrasting approaches to understanding offending over the lifecourse. The positivist tradition, which has dominated recent research (especially as it relates to policy concerns), has viewed a criminal career as a sequence of offences committed by an individual who for any period of time has a detectable rate of offending. That is, for each individual for any given period of time, the rate at which he or she was offending is calculable (known as ‘lambda’ – see Blumstein et al. Volume One, 1986: 19–20). These studies are overwhelmingly quantitative and 40 Realism, criminal careers and complexity characterised by Ulmer and Spencer (1999: 97) as being concerned with ‘how offender characteristics, social environmental factors and . . . criminal justice interventions can predict onset, frequency, persistence, and exit from criminal activity from crime’. However, this body of work has experienced two theoretical difficulties: accounting for why some offenders’ careers exhibit stability, whilst others with similar offending histories experience changes in their offending career, and why some of those predicted to offend do not in fact offend (the problem of individual-level indeterminacy). Ulmer and Spencer argue that positivist work on criminal careers would benefit from the incorporation of insights gained from an interactionist perspective of criminal careers. They suggest that by incorporating some of the insights from interactionsts, positivist approaches would be better able to meet the challenge posed by stability and change in offending careers, and also be in a better position to account for some of the indeterminacy observed in such careers. The merits of their argument, their portrayal of both the ‘positivistic’ approach to criminal careers and their proposed solution are outside the remits of this discussion. Of more immediate importance is their summary of the assumptions interactionists make about crime and deviancy (ibid.: 107), and the extent to which these can aid understanding of probation outcomes. They argue that four key principles emerge from the interactionist position. These are (ibid.) that: 1. People confront situations and act on the basis of their definitions of those situations. 2. Different probabilities of action are conditioned by the constraints and opportunities presented by situational contexts, and definitions of situations are influenced by an actor’s biography and prior repertoires of action. Further, situational and biographical constraints can influence individuals’ definitions and actions both with and without their awareness of those constraints. 3. However, behaviour involves a dialectic of choice and constraint – the potential for novel choices and emergent lines of action is always present. 4. Situational contexts are set by, and actors’ biographies are located within, larger arrangements of institutional organisation and social structure. Regardless of the extent to which these four principles accurately summarise all the principles inherent in interactionism, they 41 IntroductionWhat Works with Offenders Rethinking immediately resonate with both the approach to realistic research as outlined above, and with the emphasis of the current project on specificity of actions, actors and contexts. These principles offer fruitful ways of approaching not just criminal careers, but the impact of attempts to alter those careers. The work of a probation officer, for example, may be deemed ‘useless’ by a particular probationer even before he or she has commenced an order. Previous experiences of probation supervision, attempts to stop offending, find employment and so on will permeate the approach of each probationer to his or her period of supervision and the problems which he or she faces in desisting. Experiences of past failures will not suggest to individuals that success is likely – a source perhaps of much of the continuity associated with offending careers. However, change, no matter how unlikely, is always a possibility; hence some of the indeterminacy also observed in criminal careers. Complexity The third ‘sensitising device’ employed during the analyses, Byrne’s (1998: 2–28) understanding and use of the term ‘complexity’, can similarly be reduced to a set of core statements. These are: 1. That complex social processes have multiple causes; 2. That these causes are not necessarily additive, in other words, the outcome is not simply the sum of the separate effects; 3. That small differences in initial conditions may, over time, produce big differences in eventual outcomes; and 4. That many outcomes, nevertheless, fall within a range of known or calculable outcomes. Two examples – one drawn from Byrne and the other a hypothetical criminological example – illustrate these assertions. Byrne (1998: 38–39) cites the example of an eminent inter-war physician called Bradbury. Bradbury was interested in what caused tuberculosis (TB) on Tyneside. The answer, as both Bradbury and Byrne point out, is (initially) very simple: tuberculosis bacteria cause TB. The problem, however, was that not everyone exposed to the TB bacteria developed TB. Bradbury’s investigations suggested that three factors were important in understanding who developed TB and who did not. These were poor 42 Realism, criminal careers and complexity housing, poor diet and being Irish. The first two are fairly easily understood: the worse the conditions of one’s housing and the worse one’s diet, the more likely one was to develop TB. However, the third was less straightforward. Irish migrants had, at that time, not been living on Tyneside for very long, and had less experience than the rest of the Tyneside population of urbanisation. TB, like many other bacteria, bred for resistance. Hence at that time Irish migrants were particularly susceptible to developing TB as they had had less exposure to the TB bacteria and the conditions in which it thrived. Thus the causal mechanisms for TB on Tyneside during the 1930s were complex and contingent. Good housing and good diets prevented infection, being Irish made it more likely. The second example (this time hypothetical) concerns sentencing in criminal courts. Imagine a study designed to explain the sentences which were imposed on all of those found guilty in a magistrates’ court. A number of factors can be identified which might be of use in accounting for variations in sentences: previous criminal history (chiefly previous convictions and outcomes of previous disposals); current offence (intentions to harm and actual harm to victim, the efforts made by the guilty party to repair the harm he or she caused, the tariff and so on); the pre-sentence report and the recommendations made in it; the plea entered; the characteristics of the guilty party (demeanour, signs of distress, age, gender and so on); the public’s attitude towards crimes of that nature at the time; and probably several other factors. In coming to their decision, magistrates may take into account any number of these factors. Some will make custody more likely, others will make probation seem appropriate and still others may make community service or a suspended sentence appear to be a sensible disposal. These two examples illustrate the sorts of issues with which Byrne attempts to deal. In both, there can be found a conglomeration of factors which influence the outcomes. In the TB example these were housing conditions, diet and ethnicity (or rather, ethnicity in particular time and space dimensions). In the sentencing example, these were hypothesised to be criminal history, offence, etc. However, as shown in the TB example, these causes are non-additive. Similarly, sentencing decisions can also be hypothesised to be non-additive: unique factors, variations and contingencies may influence the outcomes of sentencing decisions in various ways, some aggravating and some mitigating. Despite this, the range of outcomes in both cases is known with some degree of certainty: people either will or will not get TB. The range of sentencing options can often be estimated both in terms of the type of 43 IntroductionWhat Works with Offenders Rethinking sentence (custodial or non-custodial) and the severity of the sentence (length of custody or numbers of hours community sentence, for example). Byrne places a heavy emphasis on the fact that small differences in initial conditions can result, over time, in disproportionate outcomes. However, this assumption is based on the (almost exclusively) quantitative framework within which Byrne locates his own attempts to explore complexity. When one considers the concept of ‘smallness’ in qualitative investigations, the concept of ‘small’ loses some of its (already vague) definition. Because the current project deals with people’s assumptions and understandings about how the world around them operates and their place in this world, the word ‘subtle’ is preferred to ‘small’. Subtle implies discerning, discriminating or slight. As such ‘subtle’ does not invoke a quantitative assessment in the same way which the word ‘small’ does. Therefore it was felt to be a more appropriate term to employ when seeking an understanding of complex outcomes involving variations between individuals, their perceptions of the world and their social circumstances. Realism, contexts and complexity These, then, were the ideas which informed portions of the analyses undertaken and which were borne in mind when ‘thinking about’ the outcomes of probation supervision and how these were generated. Although, as stated before, these ideas are not explicitly referred to throughout the text, they ‘percolate’ through much of the analyses presented. Used selectively, these ideas influenced the approaches adopted during the efforts to open probation’s ‘black box’ and to discover what it is about probation that ‘works’. Notes 1 See Elder (1985) and Giele and Elder (1998) on the life-course perspective and Loeber and LeBlanc (1990) and Sampson and Laub (1993) for examples of its use in criminology. 2 See Tarling (1993: 156) for a review of these arguments. 44 Chapter 3 The study This chapter outlines the methodology of the study. The characteristics of those people interviewed, issues relating to the sampling, the representativeness of the sample, sample attrition and the honesty of the responses gathered are discussed. In all, 199 probationers and their supervising officers were recruited into the sample. The methodology builds upon that employed in an earlier study of recidivism among prison inmates who had recently returned to the community (Burnett 1992, 2000). Due to the high number of cases required for reliable analysis, the geographical distribution of cases and the need to keep to a tight timetable of fieldwork, a number of part-time interviewers were recruited to assist with the fieldwork. 1 The data collected for this study come from six English probation areas: Middlesex, Greater Manchester, West Yorkshire, Essex, Inner London and Wiltshire. All the people interviewed for the study were either employed as probation officers (or, in a very few cases, senior probation officers or probation service officers), or were probationers who were being supervised by these probation services. Some probationers moved home and were transferred to other probation areas. Follow-up data were therefore also collected in the following probation areas: Berkshire, Hampshire, Hertfordshire, Lincolnshire, Liverpool, Mid-Glamorgan, Norfolk, South Yorkshire, and in various prisons. The socioeconomic contexts The six probation services from which cases were taken were spread widely across England. From Manchester and West Yorkshire in the north, to Essex, Middlesex and Inner London in the south-east and DOI: 10.4324/9781003143789-4 45 IntroductionWhat Works with Offenders Rethinking Table 3.1: Problematic circumstances at the time of the offence: probationers’ reports Social circumstance Accommodation Employment Finances Partner Family Alcohol Drugs Feeling down/depressed Other Three or more problems Total Percentage reporting it as ‘a problem’ 37 55 53 32 39 23 34 63 31 47 199 Wiltshire in the south-west. Despite this range of locations (northsouth, east-west, urban-rural and metropolitan-town), similarly high rates of social and economic deprivation were observed. These rates of economic and social deprivation, which were mirrored in the probationers’ reports of the social circumstances at the time which they offended (see Table 3.1), were hardly surprising given the social and economic profiles of the areas served by probation offices. Local social and economic contexts: an example from Manchester Greater Manchester is a large metropolitan area. Six of the seven offices from which data were collected were within the main area of the city, the seventh being in Stockport – a town adjacent and to the south of Manchester. The six offices in the city centre serve, to all intents and purposes, some of the most run-down inner-city areas of England. Indeed some parts of Manchester (such as Moss Side, where one of the study offices was located) have gained a rather unenviable national profile as being ‘crime ridden’. The socioeconomic profile of each area is outlined below and is based on 1991 census data. The Beswick and Clayton area (in which one office was located and another, on Varley Street, adjacent) had experienced a decrease in its population since 1981 of 5 per cent. Almost a fifth of the residents reported having a limiting long-term illness (the city averaged was 17 per cent), and of the 16–64-year-old males who were economically 46 The study active living in Beswick and Clayton, 29 per cent were unemployed (the city average was 23 per cent). Rates of unemployment for local females were also higher than the city average (18 per cent compared with 14 per cent). About half of the local housing stock was local authority owned. Car ownership (taken as an indication of wealth) was lower than the city average too, with 68 per cent of households not owning a car. Only 2 per cent of the population of Beswick and Clayton had a degree or diploma. One of the police beats in this ward was cited as being a ‘hotspot’ for criminal damage to dwellings by Manchester City Council (1998: 17), with 68 offences of this nature in the area between April and August 1998. Certainly when the author visited the Beswick and Varley Street offices the levels of deprivation were clear to see. The Varley Street office was surrounded by high wire fences and other security measures to deter break-ins. Houses in the local area had numerous broken windows and graffiti, and generally appeared to be in a state of decay. The Beswick office was located above a parade of shops (many of which had closed). The Cheetham Hill office (to which cases from the Varley Street and Beswick offices were transferred when those offices closed during the course of the fieldwork) was similarly located in an area which could be described as ‘impoverished’. Rates of unemployment for males in the Cheetham area were 38 per cent, and for females 25 per cent. Like Beswick and Clayton, a high number of households did not own cars (67 per cent) and about 16 per cent of the local population had a limiting long-term illness. The population had decreased between 1981 and 1991 by 12 per cent. However, the office was set in what appeared to be an reasonably ‘well-off’ part of Cheetham and the visible signs of decay observed on the visits to Beswick and Varley Street were less apparent in Cheetham. Regardless of probation area, many of the offices, all of which would have taken their cases from the local population, were to be found in some of the worst urban conditions in England. Whilst some of the offices were located in affluent areas such as Stockport in Manchester or Finchley in Middlesex, these were the minority. Most offices took their case loads from those people living in poor housing, with high rates of unemployment, few indicators of wealth (such as cars), high rates of illness, deprivation and crime. Even when probationers in the sample moved – which they did frequently – they often moved to areas which were no better than those they had left behind. Drug and alcohol problems served only to compound the problems experienced in these areas. It is hardly surprising, then, to find that many of the probationers interviewed as part of this study reported experiencing a range 47 IntroductionWhat Works with Offenders Rethinking of problems. Not only were the probationers likely to be unemployed, so, too, were many of the people within the areas in which they lived. The processes of selecting and interviewing probationers Probation areas were recruited into the study in a number of ways. Some probation services had existing contracts with the Probation Studies Unit at Oxford University’s Centre for Criminological Research and were asked if they would be prepared to become involved in the ‘Tracking’ project. Others asked the PSU if it ‘would like to undertake research in their area’ and access to others was secured on the basis of personal contact. Once it had been established in which services the fieldwork would take place, the offices from which the cases were to be recruited were selected. This was a process driven by pragmatic concerns. In some areas offices were chosen randomly, whilst in others the choice was limited to those offices which were not too heavily swamped by other research studies or by operational concerns. Once the offices had been chosen all staff working in each office were briefed about the study: its purpose, methodology, impact on routine work and ethical considerations. Each officer was asked to invite probationers to take part in the study and to be interviewed themselves. In order that officers did not invite only ‘interesting’ or willing subjects, each officer was required to invite all probationers meeting the criteria (the details of which are discussed below) until two had agreed and been interviewed. 2 Probationers aged 17–35 years old and who were commencing probation or combination orders of 6–24 months duration between the start of October 1997 and the end of March 1998 were eligible for inclusion in the study. This age range, it was anticipated, would produce a high number of probationers who were experiencing a number of salient life changes, such as marriage, entry to the labour market and moving away from the parental home, which were expected to be related to whether or not they desisted from further offending. It was suggested to officers that they wait until the third or fourth meeting with the probationer before they raise the issue of taking part in the study. This was because it was felt that to raise such an issue too early on in the order might be counterproductive, and in any case there was a conscious desire not to affect the officer–probationer relationship in a way that may harm their future work together. Officers called the research office to register cases who had agreed to be interviewed, at which point brief details about the probationer were collected and an 48 The study interview arranged. Interviews were then conducted when the probationer next attended the probation office. The first sweep of interviewing The first sweep of interviewing took place from mid-October 1997 to April 1998, and the majority of interviews were completed seven weeks after the commencement of each of the orders. The longitudinal nature of the project and the desire to record both officers’ and probationers’ opinions meant that it was not feasible to recruit a large sample of cases. If both officer and probationer were seen at all three sweeps, each case could generate six interviews. It was important, therefore, to strike the correct balance between having sufficient cases to enable meaningful analyses to be undertaken without recruiting so many cases that the management of the project became too burdensome. In all, counting the 15 or so pilot interviews and the 999 interviews conducted as part of the main fieldwork, there were over 1,000 one-to-one interviews completed during the study. The achieved sample of probationers had the socio-demographic characteristics as shown in Tables 3.2–3.5. Table 3.2: Sample characteristics: gender n % Males Females 173 26 87 13 Total 199 100 Table 3.4: Sample characteristics: ethnicity n % White Asian Afro-Caribbean Mixed Other Unknown 164 13 10 4 7 1 82 7 5 2 5 — Total 199 100 Table 3.3: Sample characteristics: age n % 17–23 24–29 30–35 88 62 49 44 31 25 Total 199 100 Table 3.5: Sample characteristics: length of order 6 9 12 15 18 24 months months months months months months Total n % 10 3 98 2 24 62 5 2 49 1 13 31 199 100 49 IntroductionWhat Works with Offenders Rethinking Table 3.6: Sample characteristics: main offence Achieved sample (n) (%) Violence Sexual Burglary Robbery Theft/handling Fraud/forgery Criminal damage Drugs Other indictable Summary offences Total National data (%) 20 2 22 4 64 11 7 17 19 33 10 1 11 2 32 6 4 9 10 17 9 2 10 1 28 5 2 —4 12 33 199 100 100 Some 47 (24 per cent) of the orders were combination orders. 3 Table 3.6 reports the main convicting offence which resulted in the order, and shows the comparable national statistics for persons commencing a probation order in 1996, the most recent year for which data are available. The single largest offence type was crimes of dishonesty – with burglary, theft/handling and fraud/forgery accounting for some 49 per cent of cases. The average Offender Group Reconviction Scale (OGRS) for the sample was 58 per cent, just above the national average of 55 per cent (Home Office 1996: Annex 1). Probationers were grouped into four types of previous conviction experience: ‘no previous’, ‘1–3 previous’, ‘4 or more’ and ‘unknown’. They were similarly grouped into four types of previous custodial experience (the right-hand side of Table 3.7). Table 3.7: Sample characteristics: previous convictions and custody Convictions No previous 1–3 previous 4 or more Unknown Total 50 (n) (%) 43 51 98 7 22 26 49 3 199 100 Custody (n) (%) No previous 1–3 previous 4 or more Unknown 121 50 22 6 61 25 11 3 199 100 The study Table 3.8: Sample characteristics: age and gender Males Age Achieved sample National (%)* 17–23 24–29 30–35 40 26 17 40 25 21 83 86 8 6 5 5 5 4 19 14 All males Females 17–23 24–29 30–35 All Females *The national data kindly provided by the Home Office. Due to rounding, the figures do not always sum to 100. Sample representativeness Because of the desire to interview both officers and probationers, consent was required from all probationers involved in the research. Like any other research which relies upon consent, this meant that certain unavoidable biases were built into the research. However, as a check against biases, the achieved sample was compared against national statistics in relation to age, gender, commencement offence, OGRS and previous convictions. These suggested a sample that was not too greatly different from the national statistics and therefore that the findings may have some general relevance. In terms of the age composition, the sample is very similar to the national picture, as Table 3.8 demonstrates, although the achieved sample is slightly skewed towards females. Furthermore, in terms of the offences committed for which probation was imposed, the sample closely mirrors the national picture (see Table 3.6). The impact of second and third sweep attrition The reporting of attrition rates is somewhat complicated by the fact that probationers were serving orders of varying lengths, and therefore not all needed to be interviewed during the final sweep of interviewing. During the second sweep of interviewing, some 156 probationers were relocated, and of these 137 interviewed (190; 96 per cent of officers were also re-interviewed during the second sweep). During the third and final sweep 135 (68 per cent) of the 199 probationers were located and 120 of these (89 per cent; 60 per cent of the whole sample) 51 IntroductionWhat Works with Offenders Rethinking Table 3.9: Attrition rates: offence type (%) Offence type Sweep one Sweep two Sweep three Seen at all sweeps National Burglary Violence Sexual Robbery Theft and handling Fraud and forgery Criminal damage Drug offences Other indictable Summary 11 10 1 2 32 6 4 9 10 17 10 10 2 2 34 4 4 8 11 16 8 8 1 3 33 7 3 10 9 18 9 9 1 3 34 5 4 9 9 17 10 9 2 1 28 5 2 —5 12 33 Total (n of sample) 199 137 120 100 — Table 3.10: Attrition rates: age and gender Age and gender group Sweep one (%) Sweep two (%) Sweep three (%) Seen at all sweeps (%) National (%) Males: 17–23 Females: 24–29 Females: 30–35 40 26 21 37 27 23 40 28 18 38 29 20 40 25 21 Females: 17–23 Females: 24–29 Females: 30–35 5 5 4 4 5 4 4 4 6 3 4 6 5 5 4 199 137 120 100 — Total (n of sample) interviewed. Of all the officers required for interview (n!172), 90 per cent (n!154) were successfully re-interviewed for a third time. In all, 141 (71 per cent of the original 199 probationers) were seen either towards the end of their orders, or shortly after they had completed their orders. The same figure for officers was 182 (91 per cent). One hundred and fifty-seven of the probationers were interviewed for a second time (during either the second or third sweep; 79 per cent), although, of course, obviously not all these follow-up interviews coincided with the end of the order. Tables 3.9 and 3.10 show the impact of attrition on the sample of probationers across all three sweeps. As can be seen (from Table 3.9), the attrition rate had little effect on the sample in terms of the 52 The study distribution of offences for which they received probation. The impact of attrition on the age and gender breakdown of the sample was also minimal (see Table 3.10). Thus, the sample remained reasonably representative of the national picture. As mentioned above, not all probationers were seen three times. Of the 120 seen during the third sweep, 20 were amongst those who had not been interviewed at the second sweep. Thus there were 100 probationers who were seen at all three sweeps. The age, gender and offence characteristics of these 100 probationers is presented in the fourth column of Tables 3.9 and 3.10. Again it can be seen that this group of probationers very closely resembles the national caseloads. In the light of these analyses, it was decided that there was no need to weight the sample in order to achieve a better approximation with the national rates. Individual sweeps never achieved less than a 60 per cent response rate. These rates, taken in the light of the fact that many of the respondents were highly mobile, often with no fixed abode, urbanliving, with drug and alcohol problems and with good reason to conceal themselves (i.e. their past criminal record), can be regarded as very good. Osborn (1980: 60) reported that delinquents in the Cambridge Study in Delinquent Development were more likely to move than non-delinquents (a finding supported by Gottfredson and Taylor 1988: 79). Attempts to follow up similar groups of people have often yielded low response rates. For example, Cordray and Polk (1983) reported that attrition rates in surveys of crime were anywhere between 5 and 60 per cent. Capaldi and Patterson (1987) reported that average attrition rates in surveys with 4–10-year follow-up periods was 47 per cent. Wolfgang et al. (1972) were only able to trace 58 per cent of their sample after three years of searching. In addition, recent data suggest that there is a tendency for respondents in more deprived areas to be most likely to refuse to be interviewed (Thorogood et al. forthcoming). Interview measures Two forms of information were collected as part of the study. Initially a small amount of data were compiled when the case was registered with the research office (this is referred to as registration data). However, the data which the study relies upon most heavily were collected through a series of face-to-face interviews with probationers and officers. 53 IntroductionWhat Works with Offenders Rethinking The interviews were very much focused on the work undertaken with the probationer and his or her response to this work and social and personal circumstances. Extensive data relating to the probation officers, the extent and level of their training and experience of probation work were not collected. Whilst it remains possible that this information would have helped to account for some of the observed variations in the interactions between officers and probationers, there were a number of reasons why such data were not collected. The interview schedule was extensive, and it was felt that a further section on the officer would have made the interview too long. In addition, in a world in which their work is already frequently scrutinised, this element might have felt threatening to many officers. During the fieldwork it also emerged that several officers only saw their probationers briefly (especially towards the end of their orders), and in any case some probationers had several officers during the course of their supervision. Registration data Basic information about the probationer was collected over the telephone when the case was registered with the research office. This included personal details (age, date of birth, gender, ethnic group), information about previous involvement with the criminal justice system (number of previous convictions, offences convicted of, previous probation history and previous custodial history) and current offence details (length of order, additional requirements, offence(s) convicted of and name of supervising officer). In addition, where possible, Criminal Record Office and Police National Computer numbers were recorded. Other relevant information was often relayed informally by officers. For example, some female probationers requested to be interviewed by a female interviewer. One or two probationers had to be interviewed at home as they were agoraphobic. All such requests were met as far as was possible and appropriate. As well as providing information which would be employed in the analysis, this summary data were used as a way of ‘vetting’ cases so as to reduce any risks to the interviewers’ safety. Interview data The main source of data came directly from the probationers and the officers supervising them. The schedules used to interview officers very closely mirrored those used to interview probationers. 6 The interviewers were trained to use the schedules in a very open-ended fashion 54 The study and to be flexible in their wording of questions. This decision, which departs considerably from mainstream thinking on questionnaire design and delivery, was partly driven by a desire to make the interviews as ‘respondent friendly’ and as enjoyable as was possible, and partly by two pragmatic concerns. First, the delivery of the interview schedule had to be versatile enough to accommodate a wide range of offences – issues that were sensible to ask a burglar may not be relevant to someone convicted of unlawful sexual intercourse. Similarly, issues of concern at the time of the offence for drink drivers may not be the same for those convicted of possession of heroin. The second pragmatic concern related to the range of educational qualifications and levels of literacy which could be expected from a diverse group of probationers. It was anticipated that some probationers may have required questions to be re-expressed in simpler terms whilst others would find ‘dumbed down’ questions boring and ‘switch off’. With this in mind, interviewers were encouraged to approach the questions contained in the interview schedules as being the questions to which they sought the answer rather than questions which they asked verbatim. The potential drawbacks of allowing the interviewers this freedom were that some may have inadvertently led respondents, or that the data collected may have become contaminated in some way through the discursive nature of the interviews. However, a number of observations suggested that these were not serious problems. The interviewers received two day’s training prior to the commencement of the fieldwork and a further day’s training which introduced them to the follow-up interviews. During these training days the importance of ensuring that they did not lead respondents was impressed upon interviewers and they were coached in the best techniques of asking questions and receiving answers. In addition to this, the author was in frequent contact with each of the interviews and proved further guidance as and when required. The tape-recorded interviews (see below) also suggested that interviewers adhered to good interviewing techniques and that they did not stray unduly from the interview guides. A general problem with relying on interviews is that self-report data can ‘only report what people say they do and feel and not what the researcher has seen them say, do and feel’ (Herbert Gans, quoted in Bryman 1984: 81). One technique to ensure that erroneous conclusions are not drawn from an over-reliance upon interview data has been to triangulate self-reports with others’ reports of the same event or processes. Where convergence between accounts 55 IntroductionWhat Works with Offenders Rethinking is found, it is assumed that the accounts are ‘trustworthy’. In the current study there were, of course, examples of both agreement and disagreement between officers and probationers. On some issues an officer and the probationer he or she was supervising would disagree over the problem faced by the probationer or the best solution to this. This is entirely naturally – people with different backgrounds and with different points of view can reasonably be expected not to agree on every issue. As such disagreements over the minutiae of any one probationer’s life were not felt to represent a threat to the validity of the study. Dissimilarities – at the aggregate level – between the officers and the probationers over the processes which led to desistance or continued offending, however, could be seen as a threat to the validity of the study. If the processes which officers pointed to as leading to desistance were remarkably different from those identified by probationers, then the data set as a whole would have to be viewed with caution. However, from the data analyses which were undertaken and which are reported herein, there is a high degree of agreement in the types of processes which officers and probationers identified as being related to the latter’s subsequent offending careers. Thus, whilst the study relies upon interview data, corroboration between officers and probationers in individual cases and parallel findings between the officers’ and probationers’ data sets in aggregate analyses would suggest that the data are robust. The interviews covered the following issues: ! Details of the offence which had resulted in the conviction subsequent to offending, and occasions when the probationer came close to offending. ! Information about the probationer’s social circumstances at the time of the offence and at the time of each of the interviews (accommodation, employment, finances, life-partner, family, drug use, alcohol use, gambling, friends and feelings of depression or anxiety). ! The probationer’s desire and abilities to stop offending. ! Specific people or ‘things’ which might help the probationer stop offending. ! The obstacles which might stand in the way of the probationer stopping offending, and what could be done (or, in later interviews, what had been done) to address each of these. ! What the probationer had learnt on probation, and whether it had helped him or her stay out of trouble. 56 The study The study ! The ‘biggest single’ change in the probationer’s life, what ! The ‘biggest single’ change in the probationer’s life, what ‘caused’ this, how it had impacted upon the probationer ‘caused’ this, how it had impacted upon the probationer whether he or she had sought advice from his or her officer. whether he or she had sought advice from his or her officer. had had and and ! Future ambitions (not asked of officers). ! Future ambitions (not asked of officers). The follow-up interviews (at both second and third sweeps) with The follow-up interviews (at both second and third sweeps) with probationers and officers were designed to assess how things had probationers and officers were designed to assess how things had progressed since the previous interview. With this in mind, each progressed since the previous interview. With this in mind, each interviewer was therefore provided with a summary of the previous interviewer was therefore provided with a summary of the previous interview(s) tailored to provoke respondents into discussing changes interview(s) tailored to provoke respondents into discussing changes in particular facets of their lives. The summary, which was referred to in particular facets of their lives. The summary, which was referred to during the follow-up interview at various points when appropriate, during the follow-up interview at various points when appropriate, was used to ask officers and probationers in detail about how each was used to ask officers and probationers in detail about how each obstacle had been tackled; the current status of that obstacle; and the obstacle had been tackled; the current status of that obstacle; and the extent to which changes in the nature of the obstacle were the result of extent to which changes in the nature of the obstacle were the result of the advice given to them by their officer. In addition both parties were the advice given to them by their officer. In addition both parties were reminded of their previous responses to questions concerning the reminded of their previous responses to questions concerning the probationer’s social circumstances and were asked whether each had probationer’s social circumstances and were asked whether each had changed, why and with what outcome. After they had been asked changed, why and with what outcome. After they had been asked whether the probationer wanted to stop offending and if they were able whether the probationer wanted to stop offending and if they were able to stop, they were reminded of their previous answers and, if their to stop, they were reminded of their previous answers and, if their answers differed from the previous interview, to reflect on why this answers differed from the previous interview, to reflect on why this was the case. The only major changes for the subsequent interviews was the case. The only major changes for the subsequent interviews were that: were that: ! If the probationer had completed the order, the officer was asked ! If the probationer had completed the order, the officer was asked what he or she thought the purposes of the order had been, and to what he or she thought the purposes of the order had been, and to what extent these had been met; and, during the second sweep. what extent these had been met; and, during the second sweep. ! Probationers were asked a short series of questions about victimisa! Probationers were asked a short series of questions about victimisation in the previous year. tion in the previous year. Tape-recorded interviews Tape-recorded interviews As a way of capturing in greater details the subtleties of the work As a way of capturing in greater details the subtleties of the work undertaken on probation, a small subsample of second and third undertaken on probation, a small subsample of second and third sweep interviews were tape recorded. 7 Both Officers and probationers sweep interviews were tape recorded. 7 Both Officers and probationers were asked if they would consent to having their interviews recorded, were asked if they would consent to having their interviews recorded, and very few declined. As well as providing a source for capturing in and very few declined. As well as providing a source for capturing in greater detail the nuances of probation work and the factors which greater detail the nuances of probation work and the factors which 57 57 IntroductionWhat Works with Offenders Rethinking facilitated or prevented desistance, the tape recording of interviews allowed for an assessment of how the questions and the interview schedule were delivered ‘in the field’. No major instances of inconsistency or poor question delivery were encountered. The validity of the data collected Any research which asks people directly about sensitive topics, such as criminal behaviour, must take steps to ensure that the data collected are as reliable and truthful as possible. Despite our assurances that anything said during the interview was confidential (a common practice intended to increase truthful responses), it could be that probationers still concealed some things from us. It is assumed that any concealment, if it existed at all, was most likely when probationers were asked about their offending. Some respondents may have suspected, despite our assurances of confidentiality, that any admissions of undetected offending made during an interview would be relayed to their supervising officers or the police. In order to check the extent to which previous offences were concealed by the probationers in the sample, the following analyses were undertaken. During the course of the first sweep interviews, probationers were asked if they had ever before committed an offence. From these responses it was possible to create two groups – those who admitted to having committed any crime before, and those who did not admit to having committed a crime before. These responses were then compared against previous convictions (undertaken for all cases where previous offending was known; n!192). If a respondent claimed not to have committed a crime before, but was found to have a previous conviction, his or her answers would have to be regarded with some suspicion. Of the 21 cases who claimed not to have committed a crime before, only three had previous convictions. Of these three, one had two previous convictions (for violent and indictable offences); another also had two previous convictions (theft and handling, and an indictable offence); and the third had two previous convictions, both for motoring offences. It is conceivable that the last of these three (who had motoring convictions) may not have realised that these constituted criminal offences. Of those that did not have any previous convictions (n!43), 25 admitted that they had committed some sort of crime previously – suggesting an openness to admit to undetected offending on their part. This comparison of self-reported previous offending and officially recorded previous offending suggested that levels of honesty were good – only three people with convictions did not admit 58 The study to previous offending, and 25 probationers admitted to undetected offending. Further analyses (Farrall n.d.) suggest that of the 137 probationers who could be traced through the Home Office’s Offenders Index, only 14 per cent of those who claimed not to have offended were recorded as having been convicted during this period, suggesting that the honesty of the probationers had been consistently high. Notes 1 The research interviewers received a minimum of three days training, and some received four days. These training days introduced the interviewers to the research project and its aims, the arrangements for completing the interviews, the research instruments and other administrative issues. These days also placed a heavy emphasis on developing the interviewers’ familiarity with the research instruments and their appropriate usage, and the confidential nature of the materials which would be gathered. 2 Alternative techniques for recruiting probationers into the study were considered, but were felt to be impractical. For example, if an interviewer had been based in the office he or she could have invited probationers to take part in the study. However, this option was not pursued for two main reasons: first, it would have been costly to do this (there were 22 offices which would have had to have been permanently ‘staffed’ during the recruitment phase); and, secondly, the probationers would be more familiar with their officer than the interviewer (who they would never have met before) and therefore were considered more likely to respond positively to a request from their officer. Repeated telephone calls were made to officers to ensure that all members of their caseload were being given the opportunity to become involved in the study. 3 These cases were included in the sample because of their probation element. The community service element of these orders is not subject to exhaustive investigation. 4 The Home Office include drug offences in summary offences, hence the discrepancy. 5 The Home Office include drug offences in summary offences, hence the discrepancy. 6 Copies of the interview schedules are available upon request from the author. 7 Interviews were not tape recorded during the first sweep as it was felt that respondents may be reticent about being taped (they would not have met the interviewer until immediately prior to the interview) and perhaps refused to be taped, or gone ahead with the taping of the interview but concealed or altered some responses (chiefly those concerning offending it was suspected). At the second interview, respondents ‘knew’ the 59 IntroductionWhat Works with Offenders Rethinking interviewer and were more likely to feel that the research team could be ‘trusted’ (indeed only one probationer of the 24 approached at the second sweep declined to be taped at this stage). Not all interviews were tape recorded as time and monetary costs would have made this prohibitive. Rather than select ‘interesting’ cases, it was decided to tape record the author’s own interviews and those undertaken by two of the research interviewers. The interviewers were chosen because of their prior experience of taped interviewing and were given addition training in the exact requirements for this project (in addition to the three days they had already received). In all, there were 111 tape-recorded interviews completed at either sweep two or three, many of which consisted of pairs of officers and probationers whose interviews were taped recorded at both these sweeps. All taped interviews were transcribed in full (totalling over 150 hours of taped interviews). 60 Part 2 Probation, moivationand Social contexts Contexts social Chapter 4 Defining ‘success’ What is ‘success’? Most research which has investigated the outcome of probation has assessed the outcome of the order in terms of reconviction rates. For the reasons outlined in Chapter 1, this project employed alternative measures of success and failure. The extent to which orders were considered to have been ‘successful’ or ‘unsuccessful’ was assessed by a variety of criteria. These were: ! whether there had been any continuation in offending (as reported by the probationers themselves and their supervising officers); ! regardless of whether an individual had offended, the extent to which the probationers appeared to be desisting; and ! the extent to which impediments to desistance had been removed. Leaving to one side for the moment the last of these, which we shall return to in subsequent chapters, let us concentrate on offending behaviours. As noted in Chapter 3, 141 of the probationers and 182 of the officers were followed to either shortly before the very end or to shortly after the end of their orders. Table 4.1 reports the extent to which probationers reported that they had offended and officers believed that they had offended during the course of their orders (offending, and the variables associated with it, are discussed in greater detail in Chapter 11). Officers reported that fewer probationers had offended (by 12 percentage points). Of course, officers also sometimes suspected that an individual had offended and when suspected offending was included, 50 per cent of officers reported that their probationer had DOI: 10.4324/9781003143789-6 63 Probation, motivation andwith socialOffenders contexts Rethinking What Works Table 4.1: Offending whilst on probation (those seen to the end of their orders) Probationer-reported Officer-reported Not offended (n) (%) Offended (n) (%) (n) (%) 59 98 82 84 141 182 100 100 42 54 Total 58 46 Table 4.2: Amount of offending whilst on probation (those seen to the end of their orders) Did not offend (n) (%) Probationer-report Officer-report 59 98 42 54 One to four offences (n) (%) 31 51 22 28 More than four offences (n) (%) 49 33 35 18 Total (n) (%) 139 182 99 100 Note: There were two probationers who reported having offended, but who gave no indication of the number of offences they had committed. These cases have been excluded from these analyses. either offended or that they suspected he or she had offended – a rise of 4 percentage points (eight cases). 2 The number of offences which probationers were reported to have committed whilst on probation is shown in Table 4.2. Again, the focus is upon those for whom complete reports of behaviour during the order exist. It is clear from the probationers’ accounts that about a third of them had offended quite often (more than four offences during the course of the order). Whilst about a third of the probationers seen to the end of their orders admitted to having committed more than four offences during the order, the same figure for the officers’ reports was naturally lower. Indeed, only 18 per cent of officers reported that their probationer had committed four or more offences. 3 Because the investigation of offending was longitudinal, it was possible to chart the progression of each probationer’s involvement in offending. In other words, it was possible to assess the extent to which each individual probationer appeared to be desisting. Whilst relatively straightforward to define, desistance is harder to operationalise. Operationalising desistance poses particular problems as it is essentially an issue of ‘absence’ rather than of ‘presence’. That is to say, that an individual is classified as a desister not on the basis of having a particular characteristic, but rather because of the continued absence of this characteristic over a period of time. This peculiarity has already 64 Defining ‘success’ been discussed by Shadd Maruna (1998: 10–11, emphasis added) who likens these problems to what he describes as ‘billiard-ball causality’: Desistance is an unusual dependent variable for criminologists because it is not an event that happens, but rather the sustained absence of a certain type of event occurring. As such, desistance does not fit neatly into the linear, billiard-ball models of causality found most acceptable to criminologists. Maruna has not been alone in his recognition that desistance is not usually ‘an event’ but more akin to a ‘process’. Chief amongst the theorists of desistance are Robert Sampson and John Laub who, in a recent article (Laub et al. 1998), provided convincing evidence that desistance was not abrupt but rather a ‘gradual movement away from criminal offending’ (ibid.: 226). Laub et al. theorised that when men married into what became ‘good’ relationships they were increasingly less likely to engage in offending. Thus ‘good’ marriages will, over time, produce (first) de-escalators, ‘near-desisters’ and (eventually) desisters. 4 Initial operationalisations of desistance were based on assumptions which are now felt to have been rather crude approaches to the topic at hand (Bushway et al. 2001). For example, Bushway et al. (2001) accused Farrington and Hawkins (1991) of having defined desisters in their study as those who had been convicted before the age of 21, but were not convicted thereafter. Bushway et al. argued that the age of 21 was derived from a desire to split the available data set into roughly two equal halves, rather than for any theoretical reason, and that this approach to operationalising desistance resulted in some people being classified as a persister for being convicted once at the age of 21, when in fact they may have had more in common with non-offenders or desisters. Such an approach, Bushway et al. argued, did not adequately capture the processes associated with desistance. 5 Regardless of these definitional ‘skirmishes’, desistance is probably best approached as experienced by many as a process. 6 With this in mind, the operationalisation of desistance employed in the current study has placed an emphasis on gradual processes. Such an operationalisation both better captures the true nature of desisting from offending – in which ‘lulls’ in offending, temporary resumption of offending and the such like are common – and provides a schema in which reductions in offence severity or the frequency with which offences were admitted to could be interpreted as indications of the emergence of desistance. 65 Probation, motivation andwith socialOffenders contexts Rethinking What Works Rethinking What Works with Offenders Table 4.3: Desistance (those seen to the end of their orders) Table 4.3: Desistance (those seen to the end of their orders) Probationers’ reports (n) (%) Probationers’ reports (n) (%) No offending 59 42 Showing signs of desisting 28 19 No offending 59 42 Continued offending (trivial) 17 13 Showing signs of desisting 28 19 Continued 15 11 Continued offending offending (non-trivial) (trivial) 17 13 Continued 22 16 Continued offending offending (escalating) (non-trivial) 15 11 Continued offending (escalating) 22 16 Total 141 100 Total 141 100 Officers’ reports (n) (%) Officers’ reports (n) (%) 98 54 32 17 98 54 14 7 32 17 11 67 14 27 156 11 27 15 182 100 182 100 An important feature of this schema was that it allowed for changes in An offending trajectories a shift important featurewhich of thisindicated schema was thatinitpatterns allowedof foroffending changes towards desistance to be which charted. This entailed examinations of in offending trajectories indicated a shift careful in patterns of offending each probationer’s of all This his orentailed her offending each sweepof – towards desistance toreports be charted. careful at examinations the outline of the offence(s) committed, the amount of offences reported each probationer’s reports of all his or her offending at each sweep – and the nature and severity of the the offences. this basis each the outline of the offence(s) committed, amountOn of offences reported probationer was classified into one of five groups: no offending; an and the nature and severity of the offences. On this basis each offending trajectory which suggested he or she was desisting; conprobationer was classified into one of five groups: no offending; an tinued trivial offending; continued non-trivial and offending offending trajectory which suggested he or offending; she was desisting; conwhich was escalating. The extent to which those probationers seen to tinued trivial offending; continued non-trivial offending; and offending the ends of escalating. their order The wereextent judged be inthose the process of desisting is which was to to which probationers seen to reported in their Tableorder 4.3. Whilst aroundto a half did offend the ends of were judged be inthe theprobationers process of desisting is –reported according to themselves (58around per cent; Table or their officers (46 in Table 4.3. Whilst a half the 4.1) probationers did offend per cent; Table 4.1) – about(58 half signs officers of starting – according to themselves perthese cent;either Tableshowed 4.1) or their (46 to or engagement fairly trivial (Tableof 4.4). So, perdesist, cent; Table 4.1) – aboutinhalf these eitheroffending showed signs starting despite theor fact that about half the probationers were reported to have to desist, engagement in fairly trivial offending (Table 4.4). So, despite the fact that about half the probationers were reported to have Table 4.4: Desistance (all) Table 4.4: Desistance (all) No offending Showing signs of desisting No offending Continued offending (trivial) Showing signs of desisting Continued offending Continued offending (non-trivial) (trivial) Continued (escalating) Continued offending offending (non-trivial) Impossible offending to code (escalating) Continued Impossible to code Total Total 66 66 Probationers’ (n) Probationers’ (n) 64 28 64 20 28 18 20 27 18 42 27 42 199 199 reports (%) reports (%) 32 14 32 10 14 9 10 14 9 21 14 21 100 100 Officers’ reports (n) (%) Officers’ reports (n) (%) 105 53 33 17 105 53 15 8 33 17 15 88 15 30 15 15 8 — 301 15 1 — 199 100 199 100 Defining ‘success’ offended, in all, seven out of ten officers reported either no offending or offending trajectories which were becoming less serious, as did six out of ten of the probationers followed to the end of their orders 7 (Table 4.4). Table 4.4 reports the assessment of the entire sample’s offending trajectories. 8 Examples of offending trajectories Those probationers who were seen only once formed the entirety of those cases deemed ‘impossible to code’. Those probationers who ‘showed signs of desisting’ reported a decline in the frequency or offending which became distinctly less serious over time. For example, case 099 – originally convicted of going equipped to steal car radios – admitted at the first sweep to having been in possession of cannabis and amphetamines. At the second sweep he reported buying and selling stolen electrical goods – to ‘help out a mate who was selling the stuff’ – and to having considered stealing car radios, but said that he had not gone through with this as it was ‘not worth it – too much trouble’. At the third interview he said that he had not committed any further offences, but had been asked by a friend to help with some ‘credit card frauds’, but had again decided that ‘it was not worth it’ and declined. On the basis that he had not offended since the second interview, and had even turned down the opportunity to ‘help with some credit cards’ 099 was classified as showing signs of desisting. Around 10 per cent of probationers were classified as having committed trivial offences. For example, case 114 was a student at university when he was convicted of possession with intent to supply cannabis (he was in the habit of buying extra amounts of cannabis for his friends). At the first interview he said that he was continuing to smoke cannabis, but admitted no other offences. At the second sweep he admitted to continuing to smoke cannabis and to having driven over the speed limit (for which he received three points on his driving licence). At the third interview he again reported that he had smoked cannabis, but said that he had committed no further offences. Those cases classified as non-trivial offenders reported frequent, serious offending, such as ‘hard’ drug use, violence or burglary. Case 022 was given his probation order after becoming involved in a fight with the police, who were trying to arrest him for being drunk and disorderly. The probationer claimed that they had been ‘heavyhanded’ when arresting him, and in response he had bitten the arresting officer and spat in his face. When seen for the first time he said that he had not committed any offences since the start of the order, 67 Probation, motivation andwith socialOffenders contexts Rethinking What Works but at the second interview said that he had again assaulted someone and ‘given him a good hiding’ and that same night he had again tried to assault the officer trying to arrest him. He also said he had considered stealing cigarettes when in a shop, but decided against it as he was ‘in too much shit already’. At the third interview the probationer had gained employment working at an amusement park, where he said he had ‘two or three times’ taken people round the back of the shed to ‘beat them up – but not bad enough to put them in hospital’. He also said he had shoplifted. Amongst the escalators were those probationers who reported increases in both the severity of their offending and the frequency with which they offended. Case 083 was given his probation order after being found guilty of robbery. At the time of the first interview he said that he had not offended since the start of the order. At the second interview he said that he had been arrested for fighting. At the third interview he reported how, angry at seeing heroin being sold to kids in a local playing park, he had twice beaten up these ‘dealers’, on each occasion taking between £300 and £500 from them. He had also been charged with using threatening words and behaviour against his partner and admitted to having shoplifted and handled stolen goods. The schema described above captures the desistance process in that it is the nature of an individual’s offending career (recorded at up to three points in time) upon which the classification is based. Thus the desistance process is captured as it extends through time, rather than as a state which is reached by some arbitrary point in time (such as by a certain age). This chapter has outlined the chief outcome measures used to assess probation supervision. Chapter 5 considers the aims and purposes of probation supervision and explores the impediments to desistance faced by the probationers in ‘going straight’. The extent to which officers and probationers shared these beliefs and their proposed solutions to these is also examined. Notes 1 Further analyses, which examined just those cases for whom both officer and probationers were seen to the end of the order (n!137), suggested no variation from those rates reported in Tables 4.1 and 4.2. 2 Of the 58 probationers who were not seen to the end of their orders, some 25 (43 per cent) admitted that they had offended on the occasion(s) when they had been interviewed and their officers reported that 30 (52 per cent) 68 Defining ‘success’ 3 4 5 6 7 had offended and a further four were suspected to have offended (bringing the total percentage of known or suspected offenders to 59 per cent). Of the 17 officers who were not seen to the end of their probationer’s orders, 9 reported that their probationer had offended and another 2 that they suspected that the probationer had offended. In other words, fewer of these 58 probationers themselves reported offending, although when compared to those seen to the end of their orders, more were reported by their officers to have offended. Of the 58 probationers who were not seen to the end of their orders, 33 (59 per cent) did not report offending on the occasion(s) when they were interviewed. Six probationers (10 per cent) reported having committed between one and four offences, and 16 (28 per cent) that they had committed more than four offences. There were another two probationers who reported offending, but for whom it was impossible to assess the extent of their offending. Their officers reported that 29 (50 per cent) of them had not offended, that 16 had committed between one and four offences (28 per cent) and that 13 (22 per cent) had committed more than four offences. Of the 17 officers who were not followed until the end of their probationer’s orders, 8 reported no offending on the part of their probationers, 5 between one and four offences and 4 reported more than four offences. So, in terms of the number of offences this group was reported to have committed, they were committing marginally fewer offences than the ‘completers’. Bear in mind, however, that reports are incomplete and the officers might not have known the full extent of this group’s offending. Mark Warr (1998) has questioned the causal mechanism proposed by Laub et al. Warr suggests that marriage reduces the amount of time spent with peers, and that it is the reduction in time with peers that eventually leads to desistance, not marriage per se. However, whilst their assertion that desistance is a process rather than an event is correct, Bushway et al.’s critique may be mistaken. The operationalisation used by Farrington and Hawkins does not automatically mean that desistance was assumed to be ‘an event’ – rather it was assumed to be either an event or a process that by the age of 21 would have been completed. In short, Bushway et al. would appear to have mistaken Farrington and Hawkins’ operationalisation for a conceptualisation. Of course, there will be some people for whom desistance is more like an event – see Cusson and Pinsonneault (1986) for examples of ‘shocking events’ which led some in their sample to the decision to desist. It was possible to assess the offending trajectories for only 16 of the 58 probationers not seen to the end of their orders. Quite simply the remaining 42 had not been seen enough times for sufficient information about their offending to have been collected to enable an assessment of this sort to be made. Of the 16 for whom it was possible to make an assessment, 5 appeared to be desisting, 3 reported continued low-rate offending, 1 continued high-rate offending and 7 had offending trajectories which 69 Probation, motivation andwith socialOffenders contexts Rethinking What Works appeared to be getting worse. Of the 42 probationers who were not seen enough times for assessments of their offending trajectories to be made, officers’ reports for these cases suggested that 25 (59 per cent) of this group were desisting, 13 (31 per cent) were getting worse, 2 had continued high-rate offending and 1 had continued low-rate offending (there was one case in which the officer had only been seen once too, so again no assessment could be made). These ‘surrogate’ rates suggest that the 42 probationers for whom assessments could not be made were dissimilar from those for whom assessments could be made. Fewer of them were assessed as desisting (59 per cent compared to 71 per cent; officers’ reports), and more were rated as having offending careers which were ‘getting worse’ (31 per cent compared to 15 per cent). 8 The officers’ and probationers’ classifications showed quite a high degree of agreement. Of the 154 probationers for whom sufficient data existed for a classification to be made by both officer and probationer, reports of offending trajectories for 95 cases suggested that the probationer was a desister (i.e. he or she had either not offended since the start of their order, was showing the signs of desisting or had committed only trivial offences) whilst for a further 14 cases both reported that the probationer was a persister (i.e. he or she had either committed non-trivial offences or had offending trajectories which were escalating). Thus some 71 per cent of cases were placed in the same classification group by officers and probationers. Of the ‘disagreeing’ cases, the majority (31 of 45) were probationers who reported persistence and whose officer had reported desistance. This was to be expected, as officers would not have known about all the offences which probationers had committed. 70 Chapter 5 The focus of probation What does probation seek to do? It is surprising how few studies of probation define what probation ‘is’, what it consists of, what its purposes are or how it could be expected to achieve these purposes. One of the most succinct definitions was provided by the United Nations half a century ago (1951: 4): ‘probation is a method of dealing with specially selected offenders and . . . consists of the conditional suspension of punishment while the offender is placed under personal supervision and is given individual guidance or ‘‘treatment’’.’ Of course, this definition is now somewhat past its ‘best before date’. Amongst other changes during the period since the UN document was written, probation in England and Wales has, since 1991, been a sentence of the court in its own right, rather than a ‘suspension of punishment’, and there has, of course, been a gradual move away from individualised treatment towards group-based interventions. The purposes of probation supervision, as outlined in National Standards (1995: 17), are: ‘securing the rehabilitation of the offender; protecting the public from harm from the offender’ and ‘preventing the offender from committing further offences’. The same document lays down the following objectives designed to achieve these purposes: ‘confronting offending behaviour’; ‘making offenders aware of the impact of the crimes . . . on their victims, the community and themselves’; encouraging the probationer into taking responsibility for his or her actions; and remedying the practical impediments to the probationer’s rehabilitation. 1 When asked to outline the purposes of supervision, the officers interviewed for the current research project suggested similar ‘goals’ and means for achieving them. For example, 59 per cent said the DOI: 10.4324/9781003143789-7 71 Probation, motivation andwith socialOffenders contexts Rethinking What Works purpose was to ‘help the probationer stop offending’, 38 per cent to ‘advise the probationer’, 28 per cent to address a specific alcohol or drug problem and 27 per cent to help the probationer ‘understand why he or she had offended’. One officer said: The purposes that we agreed between us were to look at the offending – why he had committed it, what his beliefs were about it, what the impact of the offending on the victims was, what led to the offending and the connection between offending and drug use, and also one of the major factors was to look at his drug use [PO 042]. Thus the core aims of probation supervision are identifiable. Officers and probationers ‘work together’ (Osler 1995: 75; Boswell 1996: 37; Whitfield 1998: 55) in order to stop or reduce the probationer’s offending; to help the probationer with an addiction or habit; to assist with practical impediments to ‘rehabilitation’; to increase victim awareness; and to ensure the protection of the public. What the UN definition also does not mention explicitly is that probation is a community sentence and that, if revoked, can be replaced with an alternative, sometimes more severe punishment. Indeed Stone (1998: 8) reports that around a third of probation and combination orders which were revoked in 1996 resulted in immediate custody. With these points in mind, it is possible to sketch what probation ‘is’: ! A sentence which takes place in the community (rather than in prison). ! A form of help (in that guidance or ‘treatment’ is available). ! A form of punishment (in that the offender has to comply with various conditions). ! A deterrent to further offending (in that further offending could result in additional or harsher forms of punishment). Through these processes, probation is intended to rehabilitate the probationer (United Nations 1951: 15; National Standards 1995: 17; Brown 1998: 58–59). But how might these processes actually operate to produce desistance? The following are arguably the most immediately obvious ways in which they could, as a result of: ! The direct help of the probation officer (including referrals to special programmes or partnerships); 72 The focus of probation ! Some of the social and individual processes associated with desistance (as outlined in Chapter 1) and which occur as the result of the probationer being in the community rather than in prison; and ! Threats of further punishment, which deters the probationer from further offending. Data collected from the probationers during the course of this investigation suggested that the third of these, the ‘deterrence model’, was spurious. Although 59 per cent of probationers said that they wanted to stop offending because they were concerned by the thought of further sanctions, logistic regression analyses suggested that they were in fact no more likely to have avoided offending (or to have desisted) by the end of the order than the 41 per cent who had not said they were worried about the consequences. Therefore, the present investigation has focused on the impact of the direct interventions of probation staff and those to whom they refer the probationer, and the role of social and individual processes in securing successful outcomes. Regardless of whether or not one accepts the aims of probation as outlined above as legitimate, the underlying premise of probation work is that the officer and probationer should share a set of common goals – or, at the very least, that the officer will try to encourage the probationer to adopt some of these goals. The opposite of this – the officer and probationer having a totally different set of ‘goals’ – would lead to a situation in which ‘working together’ would become impossible or, at the least, severely hampered. The aim of this chapter, therefore, is to explore the extent to which officers and probationers shared a common set of relevant ‘goals’ and beliefs as they commenced probation and were therefore in a position to ‘work together’. This commences with an examination of the officers’ and probationers’ understanding of the aspects of the probationer’s life which were felt to be obstacles to desistance – that is to say, aspects of their lives represented impediments and obstacles to desistance. Looking to the future: obstacles to desistance Several previous studies of the processes associated with desistance from offending have established that many would-be desisters – be they eventually desisters or recidivists – faced obstacles to desisting. 2 A shared understanding of the obstacles probationers faced is, arguably, essential for a productive working relationship between 73 Probation, motivation andwith socialOffenders contexts Rethinking What Works officer and probationer. Without a clear understanding of why an individual might reoffend it is hard to know which aspects of his or her life should be prioritised for intervention. The following analyses are therefore based on the ‘concordance’ between the assessments of obstacles made by each probationer and his or her officer. Few studies have considered probation from the perspectives of both officers and probationers. Although Willis’ investigation (1986: 170–75) found generally high levels of agreement on the purposes and aims of probation between officers and those they were supervising, his work, like that of Bailey (1995), Brown (1998) and Rex (1999), was a qualitative investigation with a modestly sized sample. Rex (1999) had a sample of 60 officer–probationer pairs, Willis had 30 pairs and Brown 16. Such sample sizes (whilst entirely appropriate and defensible for the investigations at hand in each study) render generalisations about rates of agreement between officers and probationers somewhat limited. When asked about the obstacles which the probationers faced, probationers and officers held quite different views (Table 5.1). Half (n!98) the probationers said that they did not face any obstacles in desisting, but only one out of ten officers (18 of 199) believed that the probationers they were supervising faced no obstacles to desisting. Of the 101 probationers who said that they faced one or more obstacles, their own use of substances (drugs and alcohol, 19 per cent) was the most commonly cited, closely followed by their friends and family (15 per cent). Other obstacles were even less frequently mentioned. Overall (Table 5.1), few probationers cited social problems (such as their employment and housing situations) as obstacles to desistance, despite the well documented evidence that social factors Table 5.1: Obstacles to desistance 3 Category No obstacles expected Friends and family Financial reasons Drugs and alcohol Social problems Personal characteristics Other responses Total obstacles 74 Probationers (n) (%) Officers (n) (%) 98 29 17 37 13 18 8 49 15 9 19 6 10 4 18 74 13 74 54 60 32 9 37 7 37 27 30 16 122 100 307 100 The focus of probation play a large part in offending careers (e.g. Smith et al. 1991; Farrington 1997: 390–92), and only one in ten probationers regarded any of their own personal attributes as obstacles. Unlike those whom they supervised, nine out of ten officers said that the probationer faced at least one obstacle. Several officers thought that friends and/or family along with drugs and alcohol were likely to be obstacles (37 per cent). Officers also reported more obstacles relating to social problems, in particular the probationer’s employment situation, than did probationers. Interestingly, there were few citations of cognitive-behavioural obstacles (such as poor thinking skills or anger management), suggesting that these were either not features of the current sample’s problems, or that they were not features which were readily identified by officers. 4 Agreement between officers and probationers concerning the obstacles faced Of crucial importance, of course, is the extent to which the officer and the probationer he or she was supervising agreed with one another about the obstacles which the probationer faced. As can be seen from Table 5.2, very few (n!12; 6 per cent) officers and probationers both felt that the probationer faced no obstacles in stopping offending. Almost all probationers who said that they faced at least one obstacle in stopping offending (n!101) were being supervised by officers who agreed with this assessment (n!95). However, almost half the officers (86 of 181) who felt that the probationer they were supervising faced an obstacle were supervising probationers who felt that they faced no obstacles at all. When obstacles which were specifically related to friends and family were considered, only around one quarter (19 out Table 5.2: Officer–probationer pairs: obstacles to desistance Obstacle type Any obstacles Friends/family Finances Drugs/alcohol Social problems Personal characteristics Officer and probationer ‘yes’ 95 19 4 27 5 (48%) (10%) (2%) (14%) (3%) 8 (4%) Officer and probationer ‘no’ 12 115 173 115 138 (6%) (58%) (87%) (58%) (69%) 128 (64%) Officer ‘yes’ and probationer ‘no’ 86 55 9 47 49 (43%) (28%) (5%) (24%) (25%) 52 (26%) Officer ‘no’ Total and probationer ‘yes’ 6 10 13 10 8 (3%) (8%) (7%) (5%) (4%) 199 199 199 199 199 10 (5%) 199 75 Probation, motivation andwith socialOffenders contexts Rethinking What Works of 74) of officers who thought that the probationer faced such an obstacle were supported in this assessment by the probationer themselves. On the other hand, of the 29 probationers who reported an obstacle relating to their friends and/or family, 19 (two thirds) were being supervised by officers who supported this assessment. Drug and alcohol usage was the obstacle which officers and probationers most frequently cited as a problem in avoiding future offending. For 27 (14 per cent) of the cases in the sample, both the officer and the probationer reported substance use as an obstacle. However, there was again a tendency for officers to report it more frequently than probationers. Of the 74 officers who cited drugs or alcohol as an obstacle, only one third (n!27) were supervising probationers who agreed with this assessment. The obstacles grouped together as ‘social problems’ also followed this pattern: officers reported obstacles with far greater frequency than did probationers. The same can also be said of the citations of the probationer’s personal characteristics as an obstacle to desistance. Thus, even at the very outset of the order – following the often intense pre-sentence report writing sessions and the high contact demanded by National Standards in the first months of supervision – there were few officers and probationers working ‘in tandem’. Almost half (43 per cent) the officers were supervising probationers whom they believed faced at least one obstacle, but whose supervisees felt that they faced no obstacles (Table 5.2). These differential levels of agreement suggest that officers were much more likely to support probationers’ assessments than vice versa. Assuming that the officers were correct in their understanding of each probationer’s situation and their diagnoses, this suggests that some probationers were only partially aware of the issues which needed to be addressed during the order. This could, of course, be seen as a ‘good sign’ – obstacles which the probationers were unaware of had been spotted by the officers. Thus there exists an ‘awareness gap’ which officers could fill. However, as the first research interviews were undertaken – on average – some seven weeks into the order, one might have expected that the probationers would have started to show some recognition of the obstacles they faced. Overcoming obstacles – anticipated solutions Officers and probationers were asked, in relation to each obstacle identified, how they expected to overcome it. The solution most commonly proposed by probationers (and some probationers proposed 76 The focus of probation more than one solution) involved what could be described as ‘homegrown’ techniques, such as ‘just learning to cope with it’ or unaided attempts to reduce drug intake (33 per cent of the 122 proposed solutions). Another group of responses focused upon direct action, such as ‘finding work’ or ‘getting new friends’ (28 per cent). The third most common response was to ‘seek professional help’. This included strategies such as enrolling on rehabilitation schemes (usually associated with drugs) and seeking counselling (23 per cent). It is especially noteworthy that only one probationer said that he would ask his officer for advice. Another small group of respondents denied that anything needed be done – usually as it was felt that the problem would not materialise, or need not be addressed anyway (6 per cent). Thus even when obstacles were recognised by probationers, their proposed solutions more often suggested ‘the ad hoc’ (learning to cope with the obstacle or unaided drug reduction) rather than ‘the focused’. Many probationers would appear to have failed to grasp the task confronting them in dealing with these obstacles. They either thought that there would be no impediments to their ‘going straight’ – although only 12 of the 98 probationers who claimed they faced no obstacles were supervised by officers who supported this assessment – or if they did recognise the existence of obstacles, appeared to suggest ‘homespun’ solutions. Officers were also asked to discuss the interventions which they proposed to employ in tackling the obstacles they had identified. Their responses were coded using the schema developed by Colin Roberts and his colleagues at the Probation Studies Unit, Centre for Criminological Research, Oxford for classifying modes of intervention (see Appleton and Roberts 1999; Haslewood-Pocsik and Roberts 1999a, 1999b, 1999c), and are summarised in Table 5.3. Nearly three quarters of the officers (72 per cent; see the emboldened row in Table 5.3) said that they would rely on open-ended discussions with the probationer. After this, referrals to other agencies and practical help were the next most frequently cited methods of work (35 per cent). In order to explore in greater depth officers’ and probationers’ proposed solutions to the obstacles identified, case studies of those officers and probationers who had both identified each of the same three most commonly cited obstacles (friends, drugs and alcohol) were undertaken. Despite the small numbers, the data suggest some variation between officers and probationers in their plans for tackling each of these obstacles and in their views of the problems associated with tackling such obstacles. 6 77 Probation, motivation andwith socialOffenders contexts Rethinking What Works Table 5.3: Proposed methods for tackling the obstacle: officers’ reports 5 Proposed method Reporting only Practical help Talk – open ended Talk – about past Talk – about present Activity – written Activity – visual Activity – role play Activity – task Family work Referral – group programme Referral – other in-house Referral – partnership Referral – other agency Other (n) (%) 3 59 131 32 42 20 3 22 8 22 37 36 41 63 46 2 33 72 17 22 11 2 12 4 12 21 21 23 35 26 Friends Thirteen officers agreed with their probationer that their friends posed an obstacle to them desisting. When asked how she would help the probationer cope with his offending friends, one officer said: ‘Seeing him regularly, monitoring what he is doing and pointing out the risks of custody. Encouraging him to get training and employment so he has a reasonable income and does not need to think about offending’ [212]. Her probationer (who was on probation after getting involved in a fight whilst out with some friends of his) said: ‘I have moved out of the area where these friends were. [My] new friends are more interested in getting jobs than getting into trouble.’ He went on to add that probation supervision acted as ‘a weekly reminder of what I need to do to keep out of trouble [and] what I should be doing with my life’. Another officer said: ‘[I will] try to remind him how he has felt about them [his friends] in the past – how he has got into trouble with them’ [091]. The probationer in question, a 21-year-old male on probation for 24 months after being found guilty for driving whilst disqualified, said: ‘It is not that I want to [drive whilst disqualified], but I get caught doing it. My friends can’t drive . . . I can’t tell them to ‘‘get stuffed’’ – they’re okay really.’ In other words, he proposed to do little directly about his peers. When asked if being on probation would help him deal with his friends, he said: 78 The focus of probation It does help, but when you go from here [the probation office], your mind is not there and when you are with mates they get you out of your head and it is not that you look for it, it is just . . . I cannot tell them to ‘get stuffed’ they would bang me on the head. It is okay when I leave here but that is just until I am with my mates. So probation supervision, whilst acknowledged as being helpful, had, in this probationer’s opinion, a potentially limited impact which was partly contingent upon the behaviour of his friends: if they enticed him sufficiently he might offend. Likewise, the following officer also lamented the fact that the input she would eventually have would be minimal: I can only work on what he tells me. He doesn’t want to upset me and therefore he would rather tell a lie than the truth if it results in conflict . . . He wants to be liked – so it’s difficult to follow through a challenge without destroying him again. My contribution is about laying the foundations. My influence will be a drop in the ocean. It’ll take far more time than what I’ll spend with him [165]. Her probationer said that whom he ‘hung around with’ had ‘nothing to do with probation’. Another officer suggested that her probationer’s friendships with other drug users were exacerbated as a result of contact with the probation service: I think we make [heroin user networks] worse here because of our waiting room. That inevitably reinforces the network connections. I don’t know what we can do about that – beyond not making people wait long. I am a bit cautious about heroin users’ group-work programmes. She doesn’t go to one, but it is our policy that one goes unless there is a good reason not to refer. I know there are positive sides to it, what we don’t know is how much harm it does by reinforcing old networks [060]. This same officer, when asked how much she felt she would be able to help the probationer overcome this obstacle said ‘not at all – we just make it worse’. The probationer in question – a 23-year-old female who said she had been using heroin since she was 16 – also appeared to place little emphasis on probation interventions: 79 Probation, motivation andwith socialOffenders contexts Rethinking What Works I’ve just got to stay away [from heroin users]. I stay at home most of the time. My mum – who lives with me at my Gran’s – and my Gran are very supportive. I can talk to them whenever I’m feeling down and that helps. I can’t think of doing much else at the moment – ’cause of this methadone treatment. I’m struggling not to take drugs. Two of the probationers were already in prison at the time of the first interview. Both had received probation orders, agreed to be interviewed and subsequently been remanded in custody. The officer of one of these probationers said that she would employ the following techniques in combating the influence of his peer group: ‘Trying to look at long term strengths. He can make use of his time in prison by fulfilling his education and gaining work skills. He attended several college courses before, but these fell through’ [084]. The probationer, for his part, when asked how he expected to deal with his friends, said: ‘I don’t know. Move out of the area when I get out [of prison]. Move away from [here] – maybe even . . . isn’t far enough away! Need to go even further – as far as possible’. Peer groups, of course, present a particularly tricky obstacle for officers. Whilst they are often cited as the source of much offending – especially amongst young males (see Farrington 1997: 381–82) the actual mechanics of intervening in this aspect of the probationer’s life are extremely difficult – not to mention felt to be ethically dubious by some officers. As shown above, although probation supervision was felt to be helpful by some, its impact was also acknowledged by both officers and probationers to be ‘under threat’ by these same friends. Drugs and alcohol Potentially at least, drug and alcohol obstacles offered more tangible challenges for officers to work with. Sixteen officers and probationers both cited drug use (in effect, heroin use) and 13 cited alcohol use as an obstacle for the probationer in avoiding future offending (two cited both as obstacles). The following quotations concern a 23-year-old female probationer who had started to use methadone since the offence for which she had been given her 12-month order: She is doing a programme of preventing drug relapse on a one-to-one basis with me, which heightens her awareness of relapse [and] addresses the four stages of relapse . . . She has been encouraged to go to [a local drug help centre] where she gets acupuncture for withdrawal [PO 058]. 80 The focus of probation I stay in to baby-sit, avoid users and use methadone. My officer is directing me on a drugs education programme and I visit an acupuncture centre to relieve the symptoms of withdrawal [PR 058]. As one would expect, partnership agencies and group-work programmes dominated both officers’ and probationers’ planned responses to drug and alcohol obstacles. In some instances, as with the case below, the probationer was already known to local drug agencies, and so the officer’s role was confined to one of monitoring the probationer’s progress: He has actually referred himself back to [a local drug centre] and we’re waiting for him to be accepted again. I’m trying to keep his motivation up, but it’s quite difficult – knowing that he is using – so we’re talking about harm reduction [PO 008]. When I’m on my de-tox programme, they’re going to put me on tablets so if I purchase a £10 wrap, 7 it won’t have any effect ‘cause of the tablets – so it would be a waste [to use]. Also, group sessions – ex-addicts talking about how they have coped. There is a de-tox programme where I can go away from home for three to four months, but I wouldn’t want to do that ’cause of my family [PR 008]. Another officer outlined her thinking behind sending her client to a local group programme: He will attend drug groups . . . these include drug education, information on safe drug use and managing drug use. I’ll try to get him funding for rehabilitation – I think that this would be more effective than the groups, although the drug groups might help his motivation and put him in contact with [a specialist worker] who would assess him for residential rehabilitation. He needs the funding to go to rehab, which comes from the probation service and [a local partnership]. The groups are part of his order, so he has to do them, but I don’t think they will be that useful to him – apart from the motivational side. I think if he gets funding and goes to rehab it will help him a lot. It depends on the probation service and social services having the money available to finance this [PO 086]. 81 Probation, motivation andwith socialOffenders contexts Rethinking What Works Her probationer said that he was relying on methadone, reduced over time, as his main technique for dealing with his addiction. Such schemes, however, offered the probationer a chance to ‘play off’ one agency against another, as illustrated by the following quotation from an officer [198] who was supervising a 23-year-old male on a two-year order made for possession of heroin: ‘Consultation with his prescriber and counsellor to stop him playing each other off with us. I’m going to see if I can get access to his urine tests to find out if he is still using heroin – then I’ll be able to challenge him on this.’ 8 Other officers preferred more overt liaisons with medical staff: ‘I went with him to his GP and supported him in getting a methadone script with the aim of reducing criminal behaviour’ [PO 013]. The probationer concerned noted that: ‘I am getting medication, I need to stick with it and try to stop using on top of it. If I could find work, that would keep me away [from using]’ [PR 013]. In other words, the intervention itself was not enough – other distractions from heroin were required. ‘Staying busy’ was also referred to by another probationer [105], who described her own response to her drug use as being: ‘One step at a time, thinking positive, changing the people that I associate with and seeing it as a wrong thing to do. Get some work’. Officers’ responses to drug-related obstacles suggested a reliance on referrals. The solutions proposed by officers to alcohol-related obstacles, whilst again showing a willingness to refer, suggested that discussions with the probationer were the preferred technique for intervening with alcohol problems. In some cases an eclectic approach was employed: Drink diaries, mood diaries, anger management . . . He also attends a substance misuse programme. Essentially a behavioural approach with a strong cognitive element. A re-examination of his personal construct – examining his self-perception in a social context, extracting the positives and reinforcing these and building a new positive self-construct leaving behind negatives [PO 171]. The probationer in question said he would ‘take every day as it came’, cut himself off from drinking buddies and attend Alcoholic Anonymous (to which he had been introduced via the probation service). However, even in the cases discussed herein – where alcohol-related obstacles were identified by both probationers and officers – the proposed solutions were sometimes admitted to be precarious at best: The only thing I can do is to isolate myself from people who are a bad influence. I’ll have to work on that. But this is not easy because 82 The focus of probation you can’t cut [yourself] off completely – its unrespectful. Because it is like I was explaining before – it’s a community thing, a sense of belonging. 9 You have to look after them and they look after you when there’s a need. I’m working on it. It would be an offence to be with them and not drink. It would mean you are not one of them [PR 076]. His officer said that he would refer him to a specialist social worker who worked with those who had alcohol problems and try to encourage him to enrol on a de-tox programme whilst supporting him on a one-to-one basis. The analysis of officers’ and probationers’ beliefs has suggested some important differences in opinions. Officers’ and probationers’ assessments of the obstacles facing probationers suggested that few agreed over the obstacles faced. Probationers who reported a particular obstacle to desistance were likely to be supported in this assessment by their officers – but the reverse was not true: probationers less frequently supported their officer’s assessments. Thus it would appear that there were few officers and probationers who had identified the same obstacle, or – when they did agree over the obstacles faced – were approaching its resolution in the same way. In short, there were few officers and probationers who were ‘working together’. As such, the principles of ‘guidance’ and ‘treatment’ (as enshrined in the UN definition), the officers’ reports of their work (see above) and the wider literature (e.g. Rex 1999: 373), whilst worthy values, would not appear to be typically part of the actual ‘business’ of probation. Some of the quotations above hint at explanations for this sorry state of affairs. The next task, however, is to explore the extent to which this effected the rates with which the probationers overcame the obstacles they faced. Chapter 6 examines this matter and considers the efforts of both the officers and the probationers to resolve these obstacles – including the extent to which they ‘worked together’ – and the impact of these efforts on resolving obstacles. Notes 1 Imogen Brown (1998: 58–59) listed a similar range of ‘goals’ reported to her by the probation officers she interviewed in her sample. Officers reported ‘stopping offending’ to be the ‘ultimate goal’. They stated that dealing with alcohol problems, immaturity, instability, drug use, low self-control and irresponsibility as amongst the steps needed to achieve the cessation of offending. 83 Probation, motivation andwith socialOffenders contexts Rethinking What Works 2 It should be noted that the studies concerned employed various sampling frames and methodologies. Therefore the finding that desisters have faced problems in stopping offending is probably not a function of inadequate or biased research. For example, Rex (1999) relied upon a probation-based sample, Burnett (1992) on a sample drawn from those recently released from prison, Cusson and Pinsonneault (1983) and Dale (1976) on samples drawn from outside the criminal justice system and Maruna (1997) on published autobiographies of desistance. 3 Multiple responses possible. 4 For example, of the 60 obstacles relating to personal problems identified by the officers, 28 related to the probationer’s ‘state of mind’, depression or stress whilst only 7 officers referred to their probationer as having ‘poor temper control’. Of the 18 probationers who reported that they faced personal characteristics which would make desistance hard, only 6 were related to poor temper control – the rest being problems associated with changing ones lifestyle, boredom, finding crime exciting or being depressed. 5 Multiple responses possible, n of Officers!181. 6 It is, of course, impossible to compare how those officers and probationers who did not agree about the problems faced by the probationer proposed to tackle these problems because these problems were not probed during both interviews. 7 A ‘wrap’ is a common expression used to refer to small amounts of, in this case, heroin which are measured out by dealers prior to the sale into amounts of sufficient dosage to allow the purchaser to use all the ‘wrap’ in one go. 8 Interestingly, the probationer in question said that he had already solved his drug use problem by ‘moving off the estate’ and ‘trying to keep away from druggies’. He also said that he ‘didn’t talk to his officer much about drugs’. 9 The probationer was a ‘born alcoholic’ who periodically lived on the streets. 84 Chapter 6 Resolving obstacles: the role of probation supervision One of the key criterion of successful probation supervision is the overcoming or negation of obstacles which would otherwise have led to further offending. As one of the principal aims of probation supervision is to prevent further offending, tackling an obstacle in such a way that it is no longer felt to represent a risk factor is used as the measure of success. As can be seen by examining the emboldened row in Table 6.1, around a half the obstacles identified at the beginning of the orders were felt to have been successfully resolved. Because the outcome of probation supervision was assessed by rates of offending and desistance, it was important to design a measure of successful obstacle resolution which was sufficiently different from these measures to avoid a tautology. By asking whether each specific obstacle had made it hard for the probationer to stop offending, the focus is on the outcome of the work undertaken to resolve that obstacle, as opposed to the probationer’s offending in general. Of course, it was anticipated that those who had not offended or who showed signs of desisting would be drawn heavily from those who either faced no obstacles or had resolved those which they had faced. Table 6.1: The extent to which obstacles were successfully resolved Total obstacles identified at start . . . of which followed up by research team . . . of which resolved . . . of which not resolved DOI: 10.4324/9781003143789-8 Probationers (n) (%) Officers (n) (%) 122 101 53 48 307 307 147 160 100 83 52 48 100 100 48 52 85 Probation, motivation andwith socialOffenders contexts Rethinking What Works What was the relationship between facing obstacles, resolving obstacles and desisting? Those probationers who said that they faced no obstacles when first interviewed were less likely to have reported having offended at the subsequent interview (p!.001). There was also a strong relationship between reports of successfully overcoming an obstacle and the avoidance of offending. When successfully overcome obstacles were cross-tabulated with the reports of actual offending – gained in a separate section of the interview – a clear trend could be observed. Obstacles which were felt to have been overcome were strongly associated with reports of non-offending. For example, of the 80 probationers who reported facing at least one obstacle when first interviewed and who were followed up, 40 said that at least one of the obstacles had made it hard for them to stop offending. Of these 40, 28 (70 per cent) also reported having offended since starting probation as a result of the obstacle(s). Of the 40 probationers who said that the obstacle(s) had not made it hard for them to stop offending, only 17 (42 per cent) reported having offended during the same period (p!!.000) – furthermore, an analysis of their descriptions of the events leading up to their offending suggested that these episodes were unrelated to the obstacles they said they faced. Similarly, the 12 probationers who said that the obstacle which they had identified had made avoiding offending hard, but who had not offended, reported that they had been tempted or come close to offending, but had (so far) managed to avoid this. 1 In order to check the validity of these results, officers’ assessments of whether the obstacles had led to further offending or not were also compared with probationers’ self-reports of offending – again the results were statistically significant: officers who reported that obstacles had been resolved were supervising more probationers who did indeed report having avoided offending than those for whom the obstacles had not been resolved (p!!.000). There was a similarly strong relationship between resolving obstacles and desisting (Table 6.2). Of the 76 probationers who reported facing no obstacles and whom it was possible to classify as either a desister or a persister, 62 (82 per cent) were rated as desisters. Those who reported having overcome the obstacles they faced were slightly less likely to have desisted, but still almost seven out of ten had done so. Finally, those who did not resolve their obstacles were even less likely to have desisted (although 51 per cent still managed to do so). What were the ‘motors’ which drove obstacle resolution? Was this the result of the good work of probation officers? Was it due to the motivation of some probationers to avoid further trouble? Or was it due to some other factors, or combination of factors? It was these sorts 86 Resolving obstacles: the role of probation supervision Table 6.2: Desistance by obstacles: probationers’ reports 2 Faced no obstacles (n) (%) Obstacles were resolved (n) (%) Obstacles not resolved (n) (%) (n) Total (%) Desisters Persisters 62 14 (82) (18) 27 12 (69) (31) 20 19 (51) (49) 109 45 (71) (29) Total 76 (100) 39 (100) 39 (100) 154 (100) of questions to which the project sought answers. Because the aim of the project was to develop the understanding of the processes involved in influencing these outcomes rather than just the correlates of these outcomes (Pawson and Tilley 1997), it was not enough to employ ‘black box’ approaches to these sorts of outcomes. The keys used to ‘open’ the ‘black box’ of probation required a reliance upon both quantitative and qualitative data sources, and an emphasis on locating probation supervision in wider social and personal contexts. To this end it was assumed that, to varying degrees, all the following would influence the outcome of probation supervision: ! The work of the supervising probation officer; ! The motivation of the individual probationer; and ! The individual probationer’s social and personal circumstances. It was further assumed, in line with Byrne (1998), that these influences would (1) interact with one another (sometimes working to support one another and sometimes working to ‘cancel each other out’); and (2) would be dynamic, changing both their nature and the extent to which they influenced one another and, ultimately, the outcome of supervision. The role of supervision The remainder of this chapter explores the attempts to resolve the obstacles identified by officers and probationers and it focuses on the extent to which probation supervision helped to resolve obstacles. Because so few officer–probationer pairs agreed about the obstacles faced by the probationer (see Chapter 5), this chapter proceeds with separate analyses of officers’ and probationers’ accounts of their efforts. The officers’ accounts are dealt with first. 87 Probation, motivation andwith socialOffenders contexts Rethinking What Works Officers’ responses When followed up, 3 officers’ reports of the work which they had undertaken suggested that they had employed practical help, written work, role playing, family work and referrals less frequently than they had anticipated – general discussions dominated their work (Table 6.3). It is interesting to note the limited use of group-work programmes – less than half the proposed uses of such programmes actually came to fruition. One fifth of the officers said that, in their opinion, the probationer had resolved the obstacle themselves, and just over a quarter said that the obstacle had not been addressed at all. Officers’ answers regarding the extent to which the obstacles they had identified had been resolved are summarised in Table 6.4. As can be seen, around 40–50 per cent of each type of obstacle were felt to have been resolved. Officers were asked to describe not only their own efforts to tackle the obstacle which they had identified, but also their assessment of the efforts of the probationer to tackle the same obstacle. The officers’ descriptions of their own efforts 6 and their reports of the Table 6.3: Methods used to tackle sweep-one obstacles: officers’ reports 4 Category Sweep one: proposed (n) (%) Reporting only Practical help Talk – open ended Talk – about past Talk – about present Activity – written Activity – visual Activity – role play Activity – task Family work Referral – group programme Referral – other in-house Referral – partnership Referral – other agency Other Nothing – probationer did it all Nothing – not addressed at all Missing 3 59 131 32 42 20 3 22 8 22 37 36 41 63 46 — — — Total (officers) 181 88 2 33 72 17 22 11 2 12 4 12 21 21 23 35 26 — — — Follow-up: employed (n) (%) 1 24 129 22 34 2 3 3 4 6 15 17 33 39 17 34 50 5 176 — 13 71 12 19 1 1 1 2 3 8 9 18 22 9 19 28 3 Resolving obstacles: the role of probation supervision Table 6.4: Resolving obstacles: officers’ reports 5 Obstacle type Drugs/alcohol Friends/family Personal characteristics Social problems Finances Other Total (obstacles) Identified at start (n) Percentage which were resolved by next interview (%) 74 74 60 54 13 32 51 38 52 52 38 50 307 48 probationers’ efforts 7 to overcome the obstacles were similarly recoded into a number of variables. For all obstacles types taken together and each individual obstacle type, analyses were undertaken to assess whether any specific types of intervention employed by officers or types of responses taken by probationers were more frequently associated with the successful resolution of obstacles. For example, did officers who referred probationers have a higher proportion who had successfully resolved the obstacle they faced, than, say, officers who gave practical help? Were those who gave practical help to tackle drug obstacles more successful than those who gave practical help to tackle social problems? Similarly, were those probationers who sought employment as a solution to obstacles relating to alcohol more successful than those who moved home? Very few of the intervention types employed by officers, however, were found to be related to officers’ accounts of whether the obstacle had made it hard for the probationer to stop offending. 8 This suggests that few particular types of intervention were any more likely to be effective than any other type, and that virtually all types were ineffective in combating obstacles. Similarly, none of the officers’ reports of the probationer’s actions were significantly associated with the ‘successful’ resolution of obstacles either. However, reporting that the probationer had not been motivated to address the obstacle was significantly related to it having not been resolved (p!!.000). In other words, from the officers’ accounts of their own work and the actions of the probationer, it would appear that no particular types of intervention were more effective than any other in helping probationers to overcome the obstacles they were felt to face. 89 Probation, motivation andwith socialOffenders contexts Rethinking What Works Of course, it may be hypothesised that those officers and probationers who actively worked together would be more likely to combat successfully and overcome an obstacle than those who did not work together. With this in mind, additional analyses were undertaken which explored the extent and nature of co-operation between officers and probationers. For each obstacle, a further variable, recording the extent to which the officer and probationer worked together, was created. A summary of these analyses is shown in Table 6.5. 9 Whilst the numbers were small, some patterns did emerge. About a third of the officers reported that they and their probationer worked jointly on the obstacle. This degree of ‘co-working’ was in line with the analyses presented in Chapter 5, which suggested that few officers and probationers had identified the same obstacles. Co-working was most common amongst those whom the officer had felt faced an obstacle relating to their drug usage (19 out of 35), and least common amongst those with friends/family obstacles (18 out of 74). Personal characteristics was the obstacle least often addressed – in over a quarter of the instances in which the officer had identified the probationer as having such an obstacle, no work had been undertaken (see the emboldened text in Table 6.5). Obstacles relating to social problems were often left to the probationer to take the lead in solving – one third of those officers who had identified their probationer as facing an obstacle of this nature reported that they had relied on the probationer taking the lead or sole responsibility for tackling the obstacle. In order to assess the extent to which working styles were related to successful outcomes, officers’ assessments of whether the obstacle had or had not been resolved were cross-tabulated against the above working styles 16 for each obstacle type. These analyses suggested that there were no differences in terms of outcomes between officer-led/coworking styles and any other style of work. 17 In other words, if the probationers in the current study had been left to their own devices, or if no interventions had been undertaken, they were just as likely to have overcome the obstacle they faced successfully as they would have been if their officers had led/co-worked with them. These findings do not suggest that these efforts never produced beneficial results but that they were just as likely to succeed as they were to fail. In other words, the outcomes appear to exist independently of the interventions undertaken. Of course, one obvious limitation of the analyses presented so far is that the probationer’s perspective is missing. Whilst officers can report their own understanding of the probationer’s response to the obstacle identified and the outcomes of these efforts, it is important to understand probation supervision from 90 3 16 4 8 6 4 0 0 (0) 19 (54) 1 (3) 4 (11) 8 (23) 3 (9) 0 (0) 35 (100) Officer took the lead 10 Officer/probationer ‘co-working’ 11 Officer/probationer working separately 12 Probationer took the lead 13 Was not addressed 14 Change of officer, ‘don’t know’, etc. 15 Missing Total 41 (100) (7) (39) (11) (20) (15) (10) (0) Alcohol Drugs Intervention styles (0) (24) (8) (18) (23) (26) (1) 74 (100) 0 18 6 13 17 19 1 Friends/ family 60 (100) 3 (5) 20 (33) 4 (7) 2 (3) 16 (27) 15 (25) 0 (0) Personal characteristics (2) (30) (2) (33) (20) (15) (0) 54 (100) 1 15 1 18 11 8 0 Social problems Table 6.5: Intervention styles sweep-one obstacles: officers’ reports (numbers, with percentages in parentheses) (3) (33) (6) (17) (22) (19) (—) 264 (100) 7 88 16 45 58 49 1 Total Resolving obstacles: the role of probation supervision 91 Probation, motivation andwith socialOffenders contexts Rethinking What Works the probationer’s perspective. Accordingly, the probationers’ accounts of the work undertaken were the next subject of the inquiry. Probationers’ responses Like officers, probationers were asked about the help which they had received from their officer in attempting to address the obstacle(s) concerned. Thirty-two per cent of the probationers said that the officer had been of ‘little’ or ‘no help’ to them in solving the obstacle which they had identified. However, over 50 per cent reported that their officer had helped them confront the obstacle which they had identified. In virtually every case this help consisted of advice: 31 out of the 48 probationers who said that their officer had helped said that their officer had given them advice. The data derived from interviews with probationers were subjected to analyses which paralleled those reported above for officers. Table 6.6 outlines the probationers’ reports of the extent to which they felt the obstacles which they said they faced had been resolved. Whilst direct comparisons between officers and probationers should not be made (as a minority had agreed about the nature of the obstacles faced), some general trends can be observed. Probationers’ ratings of the extent to which the obstacles had made stopping offending hard (i.e. were still unresolved) reveal some interesting findings (Table 6.6). Half the officers said that the 74 drug and/or alcohol obstacles they had identified had made it hard for the probationer to stop, and the same figure for probationers was very close (57 per cent). In fact, with the exception of ‘other’ obstacles, Table 6.6: Resolving obstacles: probationers’ reports 18 Obstacle type Drugs/alcohol Friends/family Personal characteristics Social problems Finances Other Total obstacles Identified at start and followed up (n) 28 24 17 11 13 8 101 (307) Note: Officers’ reports in parentheses. 92 (74) (74) (60) (54) (13) (32) Of which resolved (%) 57 38 53 64 50 77 (51) (38) (52) (52) (50) (38) 53 (48) Resolving obstacles: the role of probation supervision probationer’s assessments for all obstacle types were very close to those of the officers (compare Tables 6.4 and 6.6). Like the officers, probationers were asked to describe the work undertaken by their officer and their own attempts to tackle each of the obstacles which they had identified. Probationers’ descriptions of their officer’s work were re-coded into one of three variables: the officer did nothing/very little; officer gave me advice; and officer helped in another way. 19 The probationer’s descriptions of their own efforts to resolve the obstacle they said they had faced were re-coded into variables similar to those used when exploring the officer’s accounts of the probationer’s activities (see footnote 8). 20 Analyses of the types of interventions for all obstacles and for each obstacle type failed to uncover any statistically significant results – broadly in line with the same analyses performed using the officer’s data. As with the officers, analyses were undertaken to explore the extent and nature of the co-operation between officers and probationers. For each probationer, a further variable recording the extent to which the probationer and officer co-operated together in solving the obstacle mentioned was created, again in line with those created from officers’ reports. A summary of these responses is given in Table 6.7. Again, the number of cases was very small, and drawing definitive conclusions from them should be avoided. However, it is interesting to note that almost half the probationers who reported that they faced a drug or alcohol-related obstacle said that they had addressed this without the assistance of their officers (i.e. that they did not co-work with their officer). In parallel with the officers, analyses were undertaken to assess the extent to which these differing intervention styles were related to outcomes. In none of the analyses undertaken on the officers’ reports was statistical significance reached. This again suggests not that ‘working together’ never produced beneficial results, but that it was just as likely to fail to resolve the obstacle as it was to succeed. From the foregoing analyses it would appear that whilst there were often attempts made to tackle the obstacles identified, these were not always successful – in so far that the obstacle still made it hard for the probationer to stop offending. This finding, initially observed when officers’ accounts were explored, was confirmed when probationers’ reports were examined. As stressed above, the interpretation of these findings is not to claim that ‘nothing works’, but rather to conclude that these reported efforts appeared to be just as likely to fail as they were to succeed. Four possible explanations for this finding exist. First, although there were very few obstacles which officers said had not materialised, on 93 94 1 (4) 8 (29) 3 (11) 12 (43) 2 (7) 2 (7) 28 (100) Total Drugs and/ or alcohol Officer took the lead 21 Officer/probationer ‘co-working’ 22 Officer/probationer working separately 23 Probationer took the lead 24 Was not addressed 25 Cannot remember, ‘don’t know’, etc. 26 Intervention styles (4) (1) (17) (21) (21) (17) 24 (100) 1 5 4 5 5 4 Friends/ family (12) (18) (—) (35) (18) (18) 17 (100) 2 3 0 6 3 3 Personal characteristics (—) (46) (10) (36) (—) (10) 11 (100) 0 5 1 4 0 1 Social problems Table 6.7: Intervention styles sweep-one obstacles: probationers’ reports (numbers, with percentages in parentheses) (5) (26) (10) (34) (13) (13) 80 (100) 4 21 8 27 10 10 Total Probation, motivation andwith socialOffenders contexts Rethinking What Works Resolving obstacles: the role of probation supervision which they had not worked, or which they felt unable to comment upon for various reasons, given the small cell sizes involved, the inclusion of data pertaining to these obstacles may have distorted the findings. Analyses, without these data, were rerun. The findings remained the same. Similar analyses were undertaken with the probationers’ responses, this time ‘dropping’ from the analyses those obstacles which probationers had said did not emerge or about which they had forgotten what had been done. Again, the initial findings were supported. Secondly, it could be argued that the officers and probationers identified a range of ‘needs’ rather than ‘obstacles to avoiding further offending’. For example, unemployment per se does not prevent an individual from desisting. One can be unemployed and desist, or employed and offend. To what extent, then, were the obstacles identified by officers obstacles which could reasonably be thought to be related to offending? It is not possible to comment definitively upon this issue. However, on the basis of what is known about the correlates of offending, the obstacles identified appeared to represent the commonly observed ‘risk factors’ for continued offending. For example, the obstacles identified by officers were dominated by problem drug and alcohol usage, peer groups, poor employment prospects, financial difficulties and depression/low morale. None of these seem unreasonable features of an individual’s life to identify as possible causes of further offending. Like the officers who supervised them, the probationers also did not appear to identify obstacles which bore no relation to offending. The hypothesis that officers and probationers identified ‘social needs’ rather than ‘obstacles to avoiding further offending’ is therefore unsupported. Two remaining explanations remain to be explored. These form the focus of the following chapter, which deals with the role of motivation in tackling the obstacles to desistance identified by officers and probationers, and the subsequent chapter, which explores the impact of social and personal context on the efforts to tackle these obstacles. Notes 1 These findings were replicated with officers’ reports, again at the p!! .000 level. 2 Virtually identical results were obtained when officers’ reports of whether obstacles had been resolved or not were cross-tabulated against desistance and persistence. Desisters here refers to those who did not offend, who 95 Probation, motivation andwith socialOffenders contexts Rethinking What Works 3 4 5 6 7 8 96 showed signs of desisting or who committed only trivial offences. Persisters are those whose offending was either non-trivial or appeared to be escalating. All analyses (unless otherwise stated) employ responses from officers and probationers from their second research interview. For many cases this is, of course, the interview conducted during the second sweep of fieldwork. However, there were a small number of both officers and probationers who were not seen during sweep two, but who were seen during sweep three. For these 8 officers and 20 probationers, the responses which they gave in the third sweep are employed. For the officers this means that the total number of respondents is 198 and, for probationers, 157. This chapter relies most heavily (but not exclusively) on the data collected when officers and probationers were interviewed for the second time (rather than all follow-up data). When the data collected at the third interview were analysed, it was observed that many officers and probationers reported little work having been undertaken between the second and third interviews. This is entirely understandable as, by that time, many probationers had to all intents and purposes completed their supervision and had been placed on nominal contact. In order therefore to make a meaningful comparison of working styles, the analyses rely most heavily on data from the second interviews. Multiple responses possible. Multiple responses possible. More specifically: practical help; talking; activities; family work; referrals (including group programmes); and ‘other’ interventions (including the use of a reporting scheme). In addition to these, variables for the obstacles which were either not addressed or which the probationer overcame without help were also created. More specifically: the probationer motivated him/herself (such as the probationer ‘realising crime was wrong’, ‘reassessing his or her life’, ‘started thinking more before acting’ and the such like, all of which contained an element of the awareness that ‘something needed to change’ and that this change was, at least, initiated); the probationer got a job (which included getting work, getting better work, seeking work and joining the armed services); the probationer addressed or changed his or her family situation in some way (such as finding a new partner, leaving the old one, trying to get on better with his or her family or taking some similar action); the probationer addressed or changed his or her drug intake (mainly gave up altogether or reduced drug intake); the probationer addressed or changed his or her alcohol intake (mainly gave up altogether or reduced alcohol intake); the probationer moved home; the probationer changed his or her friends; the probationer attended group work or other counselling; the probationer did not address the obstacle and I don’t know what the probationer did. Including: talking to the probationer (associated with making obstacle resolution harder, chi. sq. p!.005) and referring the probationer (also Resolving obstacles: the role of probation supervision 9 10 11 12 13 14 15 16 17 18 19 20 21 associated with making obstacle resolution harder, chi. sq. p!.005). Similarly, referring the probationer to a partnership for a drug-related obstacle was associated with making obstacle resolution harder than if the probationer had not been referred (Fisher’s Exact Test!.009), as was the probationer attending a group programme (again associated with the obstacle making obstacle resolution harder than if the probationer had not been referred, Fisher’s Exact Test!.013). As financial obstacles and ‘other’ obstacles have been omitted from Table 6.5, the total number of obstacles is reduced slightly to 264. That is, that the lion’s share of the responsibility fell to the officer. That is, that the officer and the probationer set about tackling the obstacle along similar lines, often in conjunction with one another. Officer and probationer both tackled the obstacle, but employed different techniques. That is, that the lion’s share of the responsibility fell to the probationer. This (often, but not exclusively) refers to the probationer failing to take up the officer’s advice, referrals, offers of help and the such like. In a few cases, the probationer’s ‘presenting problems’ were so pressing that they required they be focused on to the exclusion of all other obstacles, or one obstacle could not be tackled until another had been resolved first. In a very few cases the officers admitted that they simply had not addressed the obstacle at all, but gave no clear explanation of why this was. In some instances, the supervising officer had changed and did not agree with the previous officer’s assessment of the obstacle, or felt unable to comment on the work undertaken. In other cases the officer had changed his or her mind about the salience of obstacle and accordingly no work had been undertaken. Additionally, the obstacle may have been ‘hypothetical’ (i.e. ‘if he lost his job’) and the situation never arisen, hence no work having been undertaken. These were re-coded with ‘officer led’ and ‘officer/probationer co-working’ against all other working styles. The hypothesis being that success was more likely in those cases where the officer took responsibility for solving the problem or where both parties worked together. Chi square values for these tests lay between .505 and .866, far greater than even the least acceptable level at which statistical significance is commonly accepted (.050). Multiple responses possible. Such as gave counselling, taught coping techniques, changed my attitude, gave practical assistance or made a referral. In some cases these codes were slightly different. For example, whilst there were three officers who said that their probationer had ‘found god’, none of the probationers interviewed reported this as a technique for tackling the obstacle in hand. Again, obstacles relating to finances and ‘other’ obstacles have been dropped from Table 6.7, bringing the number of obstacles to 80. That is, that the lion’s share of the responsibility fell to the officer. 97 Probation, motivation andwith socialOffenders contexts Rethinking What Works 22 That is, that the officer and the probationer set about tackling the obstacle along similar lines, often in conjunction with one another. 23 Officers and probationer both tackled the obstacle, but often employing different techniques. 24 That is, that the lion’s share of the responsibility fell to the probationer. 25 This (often, but not exclusively) refers to the probationer failing to take up the officer’s advice, referrals, offers of help and the such like. In a few cases, the probationer’s ‘presenting problems’ were so pressing that they required they be focused on to the exclusion of all other obstacles, or one obstacle could not be tackled until another had been resolved first. In a very few cases the officers admitted that they simply had not addressed the obstacle at all, but gave no clear explanation of why this was. 26 In some instances probationers were unable to provide details about the work which had been undertaken. Where this was the case it was often due to their ‘not remembering’ what had happened or missing data. Like the officers, some probationers reported obstacles which were ‘hypothetical’ (i.e. ‘if my wife left me’) and the situation having never arisen, so no work was undertaken. 98 Chapter 7 Motivation and probation Motivation to desist Having the motivation to avoid further offending is perhaps one of the key factors in explaining desistance. As mentioned in Chapter 1, West (1978), Shover (1983), Shover and Thompson (1992), Moffitt (1993), Sommers et al. (1994) and Pezzin (1995) have all pointed to a range of factors which motivated the offenders in their samples to desist. These included the desire to avoid negative consequences (such as death or serious injury), realising that legitimate financial gains outweigh criminal gains, wanting to ‘lead a quieter life’, embarking upon a committed personal relationship and so on. 1 Burnett (1992: 66, 1994: 55–56) suggested that those ex-prisoners who reported that they wanted to stop offending and, importantly, felt they were able to stop offending, were more likely to desist than those who said they were unsure if they wanted to stop offending: ‘more of those who desisted stated unequivocally at both the pre-release [from prison] and the post-release [interview] that they wanted to desist’ (1992: 66). Thus, in the current study, both probationers and officers were asked if the probationer wanted to stop offending and if he or she would be able to do so. As many as 95 per cent of the probationers said that they wanted to stop offending and their officers reported similar rates (see Table 7.1a). A slightly different picture emerged, however, when officers and the probationers were asked about ability to stop offending (Table 7.1b). Whilst most thought that the probationer would be able to stop offending, there was a significant minority of both officers and probationers who said that they did not know if the probationer would DOI: 10.4324/9781003143789-9 99 Probation, motivation andwith socialOffenders contexts Rethinking What Works Table 7.1: Motivation and expectation to desist a Want to stop offending? Yes Don’t know No b Able to stop offending? Yes Don’t know No Total (n!199) Probationers Officers 94 2 4 96 2 2 80 14 6 68 16 16 100 100 Note: All figures are percentages. be able stop offending (around 15 per cent for each). Officers were three times more likely to report that their probationer would not be able to stop offending than the probationers themselves (16 per cent as opposed to 6 per cent). It would appear, therefore, that the probationers in the current sample were very keen to avoid further offending. Burnett (1992: 47) reported that 82 per cent of the prisoners in her study were motivated to desist – in the current study 94 per cent of probationers said that they wanted to stop. Similarly, Burnett’s prisoners were less confident about their ability to stop offending (41 per cent of her study said they felt able to desist compared to 80 per cent of the current study). The explanation for the lower rates of ‘confidence’ amongst inmates in the Burnett (1992: 82) study is probably related to the fact that the prison inmates in her sample more frequently reported obstacles to desisting and had experienced long periods of incarceration (ibid.: 42, Table 3.1b). 2 The number of probationers in the study who said they wanted to stop offending and felt able to do so suggested that they were ‘good working material’ for probation officers. When the officers’ responses were considered, most of them also said that they thought that their probationer wanted and would be able to stop offending (68 per cent), but 16 per cent said they were unsure of their ability to so do, and another 16 per cent felt that, despite their probationer’s motivation to stop, they would be unable to do so. They were therefore more cautious in their prognoses than the probationers. More detailed analyses of officers’ and probationers’ responses concerning ability and desire to cease offending indicated that there were three groups of probationers: 100 Motivation and probation 1. Some 110 probationers who said that they wanted to, and felt that they would be able to stop offending and whose officers agreed with these assessments. These cases are referred to as ‘the confident’ (as both parties are confident of the probationer’s desire and ability to desist). 2. A second group (n!46) of probationers said that they wanted to and felt able to stop offending, but their officers did not support this assessment – they either felt that the probationer did not want to desist, was unable to desist or both. These cases are referred to as ‘the optimists’. 3. And ‘the pessimists’ (the remaining group of probationers; n!43) who said that they did not want to stop, would be unable to stop or both. In some cases, officers supported their assessments but, in others, they did not. The stability of motivation As well as being asked to describe the probationer’s desire and ability to desist at the first interview, officers and probationers were asked identical questions during the second and third interviews. This enabled the progression of the probationers’ motivation–expectation 3 during the order to be charted. Table 7.2 summarises the progression of the three groups throughout their orders. For ease of presentation, Table 7.2 presents data relating solely to those cases for which both officers and probationers were interviewed Table 7.2: Changes in motivation throughout the order Motivation–expectation at sweep one Confident Optimistic Pessimistic (n) (%) (n) (%) (n) (%) Total (n) (%) Sweep two Confident Optimistic Pessimistic 34 11 9 (63) (20) (17) 10 4 2 (63) (25) (13) 6 5 9 (30) (25) (45) 50 20 20 (56) (22) (22) Sweep three Confident Optimistic Pessimistic 45 5 4 (83) (9) (7) 6 9 1 (38) (56) (6) 8 3 9 (40) (15) (45) 59 17 14 (65) (19) (16) Total 54 (100) 16 (100) 20 (100) 90 (100) 101 Probation, motivation andwith socialOffenders contexts Rethinking What Works at all three sweeps of interviewing (n!90). 4 Of the 90 cases selected for inclusion in the analyses reported in Table 7.2, 54 (60 per cent) were rated as being confident at the first sweep, 16 (18 per cent) were rated as being optimistic at the first sweep and 20 (22 per cent) as being pessimistic. (To this end, the 90 selected cases are skewed slightly towards the confident, mainly at the expense of the optimistic.) The upper half of Table 7.2 indicates that at the second sweep, 63 per cent of the confident remained rated as confident, whilst 11 cases (20 per cent) had moved into the optimistic group (in other words, their officers felt less certain that they desired or would be able to desist). A slightly smaller group of confidents (n!nine; 17 per cent) were now rated as pessimists (that is to say that the probationers themselves now felt that they could not desist). Most of those rated as optimistic at the first sweep (10 out of 16) had done sufficiently well for their officers to have become convinced that they could now stop offending and were accordingly rated as confidents. Of those rated as pessimists at the first sweep, almost half (9 out of 20) had remained pessimists, whilst the remainder had either started to believe they could desist (n!5), or both they and their officers now felt that they could desist (n!6). When the responses from the third sweep were examined (the lower half of Table 7.2), some of the trends noted in the upper half of the table appear to have reversed. Most of the confidents that had been rated as either optimists or pessimists at the second sweep had ‘returned to the fold’, so to speak. Similarly, some of the optimists who had been rated as confidents were once again rated as optimists. Finally, some of the pessimists continued their progression towards becoming confident – with previously rated pessimists becoming rated as confidents or optimists. 5 Further analyses suggested that shifts in rates of offending, drug and alcohol usage, and changes in personal and social circumstances were the main reasons given by officers and probationers in accounting for the changes in their assessment of changes in the latter’s motivation. In short, the assessments of motivation were fairly stable, although some cases initially classified as pessimists were later reassessed as optimists or confidents. Variations in criminal history and social circumstances by motivation These three groups, on closer inspection, were found to differ from one another in several ways, especially in terms of their socio-demographic characteristics and criminal histories. Table 7.3 outlines some of their characteristics. 102 Motivation and probation Table 7.3: Motivation groups’ criminal histories at start of order Average for each group Age at start of order Age at first conviction Previous convictions (n) Previous probation orders (n) Previous custody (n) OGRS Total Confidents Optimists Pessimists All 25 yrs 20 yrs 6 0.5 0.6 53% 25 yrs 19 yrs 11 0.6 2.4 61% 26 yrs 17 yrs 19 2.4 2.3 68% 25 yrs 19 yrs 10 0.9 1.3 58% 46 43 110 199 Whilst there was little difference in their age at the start of the orders, the pessimists were younger when first convicted (being on average 17 years old) compared to the confident (on average 20 years old) or the optimists (aged on average 19 years when first convicted). Consequently the average length of their criminal careers varied: confidents had the shortest careers at five years, optimists’ average career length was six years and the pessimist had by far the longest, with an average nine-year criminal career. There were substantial differences in the average number of convictions recorded against each group: the confident were the least frequently convicted (averaging 6 convictions each), with the optimistic the next most convicted (averaging 11 convictions each) and the pessimistic the most convicted (averaging 19 convictions each). Their average number of previous probation orders and prison sentences also differed: the confident and optimistic had had little experience of either, whilst the pessimistic had had more experience. When previous custodial sentences were considered, the confident can be seen to have had very little experience, unlike either the optimistic or the pessimistic. The confident, when compared to the optimists/pessimists, were more likely to be in the lower half of OGRS scores (p!!.05), to have had the fewest convictions (p!!.000) and to have never previously been in prison (p!!.000). When compared against the confident/ optimistic, pessimists were more likely to have been in prison before (p!!.000). In terms of offending since the start of the order, the confident were less likely than either the optimists or the pessimists to have reported offending during the time (about seven weeks) since the start of the order (probationer report: p!.05; officer report: p!!.000). The pessimists, however, were more likely than either the confident or the optimists to have reported offending since the start of the order (p!!.01). 103 Probation, motivation andwith socialOffenders contexts Rethinking What Works Table 7.4: ‘Problematic’ circumstances at the time of the offence: probationers’ reports (%) Social circumstance Accommodation Employment Finances Partner Family Alcohol Drugs Gambling Feeling down/depressed Other Three or more problems Total (n of sample) Confidents Optimists Pessimists All 29 56 48 38 42 21 27 6 63 27 43 39 57 65 28 46 17 46 2 63 30 50 54 51 51 21 26 33 37 7 65 40 56 37 55 53 32 39 23 34 6 63 31 47 110 46 43 199 Confidents reported that on average they had fewer problematic social and personal circumstances at the time of the offence than either the optimistic or the pessimistic (Table 7.4, emboldened row), although this difference was not statistically significant. The confident were the least likely of the three groups to describe their accommodation and finances as being problems at the time of the offence. Their reporting of ‘problem’ drug usage was also lower than either the optimistic or the pessimistic. The optimists had the highest rates of reporting both employment and finances as problems, especially the latter. The pessimists were more likely than either the confident or the optimistic to report that their use of alcohol had been a problem. The confident were the group most likely to report that their relationship with their partner had been a problem. Feeling down, depressed or anxious appears to have been a feature of life common to all three groups. The pessimists reported fewer employment, family or partnerrelated problems than either of confidents or the optimists. This could, in part, be explained by the pessimists actually having fewer relationships with partners and family members and, as such, these features of their lives not presenting immediate problems by virtue of their total absence rather than the inherent quality of these relationships for the pessimists. 6 Another explanation might also be that what is a problem for one person is less of a problem for another – the perennial dilemma for self-report studies. 7 104 Motivation and probation The three groups differed also with regards to the obstacles which they had been identified as facing at the outset of their orders. The confident were the most likely to have faced no obstacles (officer report: p!!.05; probationer report: p!!.01); their officers were also less likely to have described the confident as facing obstacles relating to their personal characteristics (p!!.01) or to be facing obstacles relating to their drug and alcohol usage (p!!.05) than either of the other groups. The pessimistic had been reported by their officers as being more likely to face at least one obstacle to desisting (p!!.000), whilst the optimistic had been more likely than either the confident or the pessimists to have been assessed by their officers as facing obstacles related to their personal characteristics (p!!.05). These findings suggest an important conclusion: that the group of probationers felt most like to desist (the confident) is similar, in characteristics, to those identified in the general literature as being the least likely to be re-convicted. These, then, were a group of relatively non-problematic probationers; both they and their officers believed that they wanted to and would be able to stop offending and their socio-demographic and criminal history variables would appear to lend some weight to these assessments. More importantly, their self-reported offending, their officers’ estimates of their offending and the frequency with which they identified obstacles supported the belief that they could and would desist. The role of motivation in overcoming obstacles What part did motivation play in the resolution of obstacles? Table 7.5 summarises the obstacles which officers and probationers identified at all three sweeps of interviewing and analyses this by motivation. 8 The table confirms that both officers and probationers reported that fewer of the confident faced obstacles which were related to their personal characteristics than the pessimists. For example, only 17 per cent of the confident probationers were reported by their officers to have faced such obstacles, whilst for pessimists the figure was 31 per cent (the emboldened text). However, there were few other outstanding differences in the reports of the obstacles faced by each of the three groups of probationers. The resolution of obstacles Table 7.6 reports the extent to which the obstacles identified had been felt by officers and probationers to have been resolved. 9 Again, it is 105 106 (26) (4) (22) (24) (17) (8) 690 (100) 314 (100) 81 13 68 74 53 25 Total no. of obstacles identified (22) (5) (22) (20) (22) (8) 152 36 150 140 155 57 (18) (8) (24) (21) (22) (10) 35 10 35 29 55 12 (20) (6) (20) (16) (31) (7) 35 31 54 30 28 14 (18) (16) (18) (16) (15) (7) (21) (20) (27) (13) (13) (5) 84 (100) 18 17 23 11 11 4 (23) (18) (41) (10) (3) (5) 39 (100) 9 7 16 4 1 2 (12) (10) (22) (20) (24) (12) 68 (100) 8 7 15 14 16 8 Probationer identified obstacles (n) (%) All Confidents Optimists Pessimists 200 (100) 176 (100) 191 (100) 36 13 47 42 43 19 Officer identified obstacles (n) (%) All Confidents Optimists Pessimists Friends and family Financial reasons Drugs and alcohol Social problems Characteristics of the probationer Other responses Category Table 7.5: Obstacles identified by officers and probationers Probation, motivation andwith socialOffenders contexts Rethinking What Works Motivation and probation Table 7.6: Was the obstacle resolved? 11 Officer assessment (n) (%) Probationer assessment (n) (%) Confidents Optimists Pessimists Confidents Optimists Pessimists 84 (68) 45 (71) 40 (32) 18 (29) 16 (59) 11 (41) 29 (63) 17 (37) Total obstacles identified 224 (100) 128 (100) 124 (100) 63 (100) 27 (100) 46 (100) Yes No 176 (79) 48 (21) 74 (58) 54 (42) important not to overstate the findings, especially in the case of the self-reported data pertaining to the optimists (for whom cell sizes are small), but trends are nevertheless discernible. A higher proportion of the obstacles faced by the confident were felt to have been resolved (by both probationers and officers). The least likely to have resolved their obstacles were the optimists, although they were very similar to the pessimists. There does, therefore, appear to be something of a variation by motivation in the rates with which obstacles were felt to have been resolved. The obstacles identified as facing the confident were the most likely to have been resolved, whilst those facing the optimists and the pessimists were the least likely. 10 However, the relationship between motivation and obstacle resolution, such that it is, appears to have existed independently of probation work: when working style and amount of help received were examined they varied only slightly between confidents, optimists and pessimists. As mentioned earlier, officers and probationers were asked to describe how they had attempted to tackle the obstacles which they had identified. Table 7.7 reports their accounts of the extent and nature of co-operation between officers and probationers and relates these assessments to their motivation. Although cell sizes were small, some trends emerged. As noted in Tables 6.5 and 6.7 in Chapter 6, there were relatively few officers and probationers who worked together to tackle obstacles (typically around a quarter to a third). When the same data were analysed by motivation, there appeared to be little variation when officers’ reports were considered: officers reported that they had co-worked with the confidents, the optimists and the pessimists to an equal extent (between 34 and 40 per cent of officers reported coworking with their probationers – see the emboldened text in the left-hand side of Table 7.7). The probationers, on the other hand, presented a slightly different picture. Similar proportions of the confident and the pessimistic reported having co-worked with their officers, but far fewer of the 107 Probation, motivation andwith socialOffenders contexts Rethinking What Works Table 7.7: Working styles used to tackle the obstacles identified at sweep one 12 Worked together? Officer reports (n) (%) Probationer reports (n) (%) Confidents Optimists Pessimists Confidents Optimists Pessimists 43 (34) 30 (40) 82 (66) 45 (60) 22 (35) 41 (65) 14 (39) 22 (61) 2 (12) 14 (88) 9 (32) 19 (68) Total obstacles 125 (100) 75 (100) 63 (100) 36 (100) 16 (100) 28 (100) Yes No optimistic reported co-working. Only two of the sixteen optimists who identified obstacles and were followed up reported working with their officer – see the emboldened text in the right-hand side of Table 7.7. However, there were few other differences between the officers’ and probationers’ reports of their work together and there appears to have been little influence of motivation on the extent to which officers and probationers ‘worked together’. With the exception of the optimist’s reports of their own work with their officers, it would appear that co-working was uniformly distributed and therefore cannot account for the variations in resolution rates reported in Table 7.6. 13 A model of desistance is starting to emerge from the analyses reported so far here and in Chapter 6: solving obstacles was related to desistance (Chapter 6), but it would appear that the type of probation intervention was not associated with resolving obstacles (Chapter 6). Motivation, however, did appear to influence the extent to which obstacles were both faced and overcome. These relationships are presented diagrammatically in Figures 7.1 and 7.2 – which chart the progress of each of the three groups of probationers towards desistance. 14 Fewer of the confident (40 per cent) faced obstacles than either of the other groups, whilst half the optimists and eight out of ten of the pessimists faced one or more obstacles. Of the few pessimists who faced no obstacles, 67 per cent desisted. However, 64 per cent of those pessimists who faced an obstacle but overcame it desisted, whilst even fewer – only 31 per cent – of those pessimists who faced an obstacle but did not overcome it desisted. For the optimists and pessimists, solving obstacles was particularly strongly related to desistance: of the six optimists who overcame the obstacle they faced, all but one desisted. On the other hand, of the 11 who did not overcome the obstacle they faced, five desisted and five did not (one was lost during the follow-up). Desistance rates were highest amongst those groups that faced no obstacles and lowest (with one exception – the confident) amongst those who faced obstacles but did not overcome them. This 108 Motivation and probation suggests that overcoming obstacles is successively more important for each group. Most of the confident desisted regardless of their resolving their obstacles. However, 64 per cent of the pessimists who resolved their obstacles desisted, compared to 31 per cent of those who did not (Figure 7.1). Data from the officers (Figure 7.2) support this model. How and why did motivation effect the resolution of obstacles? In order to explore further the relationship between motivation, solving obstacles and desistance, case studies of individual probationers need to be examined. Steve [020] was a confident who desisted. He was in his 30s when he started his order – imposed for theft. He had been wandering around looking for something to steal in order to raise money to buy heroin for himself and his girlfriend, Suzie. Spying some scrap metal in a disused railway siding, he attempted to steal it, but was caught leaving the yard by a security guard. By the time of the first interview both Steve and Suzie were on methadone and had stopped using ‘street drugs’. Steve and his officer said that he wanted to stop offending – both also identified the same motivation: he and Suzie getting their children back from the social services. Although Steve did not identify any obstacles to him desisting, his officer said that if they did not get better access to their children or if he slipped back into drug use Steve might offend again. The first of these, she said, she could do little more than advise upon, and the second she was unsure exactly how she would approach, but thought that a de-tox might offer a possible solution. By the time of the second interview, Steve and Suzie had been given increased access to their children and had stayed on the methadone course. Steve said he was wary of coming off methadone too quickly, as it could see a return to his using street drugs. His officer said that in general Steve was ‘responding well and making reasonable progress’. In terms of their access to their children, Steve’s officer confirmed that access had been increased, and added that she had advised Steve about how to approach the social services department and suggested that he enrole on a college course to improve his ‘image’ with social services (which Steve said he was going to do the following autumn). Drugs de-tox was still on the agenda, but Steve’s officer understood his reluctance to come off methadone too quickly. Neither Steve nor his officer identified any further obstacles to his desisting. At the third interview, both Steve and his officer reported that things with social services had continued to improve, and that Steve and Suzie were planning to go to court to seek more contact with their children. Both Steve and his officer said that he now wanted to work 109 blank 110 Figure 7.1 Motivation, obstacles and desistance: probationers’ reports. All figures are N (%). Probation, motivation andwith socialOffenders contexts Rethinking What Works Figure 7.2 Motivation, obstacles and desistance: officers’ reports. All figures are N (%). Motivation and probation 111 Probation, motivation andwith socialOffenders contexts Rethinking What Works and seemed in a better position to do so. Neither identified further obstacles to his desisting and both reported him to have desisted by the time of the end of the order. Dave [061], on the other hand, was an optimist whose offending was little affected by his time on probation. He did not desist and was rated as a continuing non-trivial offender in the schema outlined in Chapter 4. Dave was 17 when he breached his Community Service Order and 18 when he started the probation order imposed to replace it. (The CSO had been made originally for an affray.) Although Dave said that he was both able and wanted to stop offending, his officer disagreed with him on both counts, saying ‘he will do the same thing again if the same circumstances arose’ adding ‘he will not accept that he may be wrong’. Dave said that the only obstacle he faced in stopping offending was that he ‘lived in a bad area’. His solution was to live in ‘a nice area’, but he saw ‘no reason why I should have to move house’. He did not think his officer would be able to help him with this matter. His officer said that the obstacles which Dave faced were his ‘attitude’ (not understanding that he had done wrong) and his poor level of literacy. The first of these would be hard to address as Dave was ‘very reluctant to work with probation’. She planned, however, to tackle his illiteracy by finding him a course in reading and writing. At the second interview, Dave said he had in fact moved house and foresaw no other obstacles. Again, he said that he was able and wanted to stop offending. He had arranged a college course for himself – ‘having got fed up waiting for probation to do it for me’. He also complained about not having seen anyone from probation for ‘ages’ and said that he had had ‘very little contact’. His officer had left, and he had been seen by a number of Probation Service officers – who only saw him for a few minutes at any given appointment. On the third occasion he was seen, Dave said that his officer had ‘talked down to me all the time’ and recounted how he had once walked out of her office. Dave smoked cannabis throughout the course of his order and, at the third interview, reported that he was being taken to court for possessing an offensive weapon (a knife) which he had been carrying after being threatened on several occasions. It was on the basis of this last offence which he was classified as a non-trivial offender. Les’s [177] offending escalated during the time he was on probation for assaulting a police officer. He and his wife had separated, and he had been ordered by the court to stay away from her home. However, she phoned him and asked him to come round to help her look after their daughter, who was mentally handicapped. According to Les, his daughter started ‘smashing things up and screaming’, and a neighbour 112 Motivation and probation called the police. When they arrived they assumed that Les had started the trouble and a fracas broke out, during which Les punched one of the constables. In terms of Les’s desire and ability to stop offending, neither he nor his officer felt he was able to desist. Les said: ‘The problem is that I don’t sit down with idiots. I can’t help it, I kick off. I’d love to be able to change, but I can’t help it’. Les did not identify any obstacles that would prevent him from desisting. However, his officer said that his attitude towards others presented a problem: he has this strong sense of being a ‘man’, protecting his family and wife which increases his violence. I am trying to show him how this can be both negative – i.e. getting him into further trouble – and positive – i.e. taking care of his daughter without being aggressive to others. He is still very defensive when challenged about his use of violence. He sees himself as a strong, protective father. The thing is to make him see that he can be himself and have values without ‘kicking off’. However, by the time of the second interview, Les had reoffended. Driving to the home of someone he was intending to ‘get even with’, Les was stopped by the police, who suspected him of being drunk. When asked to provide a specimen, Les refused and was arrested. Found guilty, he was given a custodial sentence. Prior to this, Les had threatened his original probation officer after she had contacted the local social services about his behaviour. She described him as being very resistant to any challenges from her and that he still saw violence as the fault of others. Although Les was contacted during the fieldwork for the second sweep of interviewing, he told the interviewer to ‘fuck off’ and hung up the phone on her. As a pessimist, it is hard to find a better example than Les. He didn’t think he could stop offending; neither did his officer and there seems to have been little constructive work between them. The obstacle which his officer had identified appears to have been only too accurate in the light of subsequent events. These case studies suggest that motivation at the outset of supervision was associated with desistance because it influenced the way in which probationers approached the obstacles they faced. For example, Steve took a cautious approach to his drug problem and understood the importance of making a ‘good impression’ with the social services. Dave appeared to be reluctant to engage with probation supervision and got on badly with his officer. Les appeared to have made no efforts 113 Probation, motivation andwith socialOffenders contexts Rethinking What Works to ‘change his ways’ and to have even ruled out the possibility of such a change. However, these case studies also suggest that other factors may have been present. Steve’s motivation appears to have been supported by both his partner and their desire to rebuild their family. Similarly, Dave’s attitude to probation and Les’s attitudes towards other people did little to help them desist. As well as probationers’ approaches to the obstacles they faced varying by motivation, it would appear that other social and personal factors influenced the extents to which impediments were overcome, and it is to a consideration of these that we now turn. Notes 1 On the motivational factors associated with not committing an offence, see Tunnell (1992: Chap. 7). 2 Of the respondents in Burnett’s sample, only 8 of 107 (7 per cent) said that they felt that they would not face any obstacles in stopping offending – in the present sample the figure is far greater (49 per cent). There is, of course, an additional wealth of literature which posits a direct relationship between experiencing a custodial sentence and problems in resettling in the community after a custodial sentence. 3 The term ‘motivation–expectation’ is something of a mouthful, and so ‘motivation’ is used in its place at points through out the text. 4 Identical analyses were undertaken employing data from all cases followed up during the second sweep (n!137) and all cases seen during the second and third sweeps (n!106) and all cases seen in the first and third sweeps (also n!106). These analyses confirmed the results shown in Table 7.2 and described in the main text. 5 All the results reported were checked against frequencies for each of the three groups across second and third sweeps to ensure that by selecting just those cases for whom both officers and probationers had been seen at all three sweeps had not distorted the findings. The results were confirmed. 6 This certainly appears to have been the case with partners – whilst around 15 per cent of both confidents and optimists reported being single, the same figure for the pessimists was 21 per cent. 7 Indeed, when officers’ reports of the problems faced by these three groups were examined, they appeared to have faced similar levels of employment, family and partner-related problems. 8 In the following analyses, all reported obstacles are used (including those identified during the second and third interviews) so as not to reduce cells sizes too much when controlling for motivation. 9 By focusing on those obstacles which were resolved, the data analyses are limited to just those obstacles reported during sweeps one and two, as 114 Motivation and probation 10 11 12 13 14 those obstacles identified during the third and final sweep could not have been followed up. The optimists do less well than one would have expected. Had the relationship between motivation and obstacle resolution been perfect, one would have expected to see the optimists overcoming fewer of the obstacles than the confidents, but more of them than the pessimists did. The general rule that the optimists ‘fall between these two groups’ is confirmed by a number of other tables. See, for example, Tables 7.3 on their criminal histories; 7.4 on the total problems faced by each of the groups; 10.2 on the rates with which they desisted; 11.1 on the rates with which they offended; 11.5 on the amount of offending they were reported to have committed; and Table 11.4 on the rates with which they offended controlling for type of offence. To this extent, Table 7.6 represents something of an oddity. Multiple responses possible. These responses are identical to those used above, and described in Chapter 6. The data analyses use only those obstacles identified during sweep one because, as noted in chapter 6, footnote 3, when those obstacles identified during sweep two and which were followed up during sweep three were analysed, it emerged that little work had been undertaken in the period between sweeps two and three. In any case, as reported in Chapter 6, co-working was not associated with resolving obstacles. For those who faced more than one obstacle, the overall extent to which all the obstacles they faced was used to determine whether they were counted as having their ‘obstacle solved’. For cases which had equal numbers of obstacles solved or unsolved, the outcome of the main obstacle was used. 115 Chapter 8 Probation work: content and context This chapter takes the investigation started in Chapter 6 a step further and explores the role played by social and personal contexts in mediating the outcome of the attempts to tackle obstacles successfully. Instead of concentrating on the type of intervention, the extent to which officers and probationers worked together or the extent to which these were associated with the probationers’ motivation, the focus is on the social and personal contexts in which the efforts to tackle obstacles were embedded. In so doing, more light is thrown upon the content of probation work. This process of illumination offers an explanation for one of the clearest findings to emerge from the study: that probation interventions appear in many cases to have had little impact on either the obstacles faced by probationers or their lives more generally. The explanations for this would appear to be that much probation work is negated by aspects of the probationers’ lives, is aimed at tackling obstacles which are enduring and therefore very difficult to address or that the proposed solutions and the manner of their delivery appeared to be irrelevant to the needs of the probationers. The manner in which ‘contexts’ were approached and operationalised in the current study drew heavily upon the work of Pawson and Tilley (1997: 69–70), who have argued that contexts can be crucial in understanding the outcomes of social interventions: programmes are always introduced into pre-existing social contexts and . . . these prevailing social conditions are of crucial importance when it comes to explaining the successes and failures of social programmes. By social context, we do not refer simply to the spatial or geographical or institutional location into which programmes are embedded. So whilst indeed programmes are initiated in prison, hospitals, schools . . ., it is the prior set of social 116 DOI: 10.4324/9781003143789-10 Probation work: content and context rules, norms, values and interrelationships gathered in these places which sets limits on the efficacy of programme mechanisms. Thus the ‘context’ and, in particular, the social context, as developed by Pawson and Tilley, is not just the ‘where’ and ‘when’ of an intervention, but also the attitudes, socially ‘appropriate’ activities, approach to life and social relationships which existed prior to and during the period of supervision. To this can be added person-specific contexts: the personal histories, lifestyles and life chances of the specific individuals who were the focus of the programme in question. In order to assess the role of such contexts in mediating the outcomes of the obstacles probationers faced, detailed analyses of officers’ and probationers’ accounts of how they tackled these obstacles were examined. In the case of officers, attention is focused upon two types of obstacles – drugs and the personal characteristics of the probationer – although these findings were replicated with regard to other obstacles. One officer [233] described how his efforts to combat one confident probationer’s heroin problem ultimately came to nothing: I referred him to [a local drug team] and discussed with him the bad effects of drugs and methods for overcoming his addiction. He attended the drug team, got methadone scripts from them, but failed to turn up again [and] was never seen again. He was on the [methadone reduction] programme from the start of the year until March. The investigations undertaken by both his supervising officer and the author aimed at ascertaining why the probationer ‘disappeared’ so dramatically, and suggested that poor housing, drug use and unpaid fines were all possible contributory factors. Another officer [006] recounted how she had referred her probationer – an optimist – to a local drug rehabilitation scheme only for him to be convicted for an earlier offence two months into his order, and for which he received a custodial sentence. In the time he had been on probation, the probationer had been to the drug scheme just once and had continued to offend, albeit of a trivial nature. Even following referrals, officers often had to contend with the probationer’s own inactivity. As some officers said of their respective probationers: He did nothing. Went nowhere [049]. [She did] very little – carried on associating with other drug users [141]. 117 Probation, motivation andwith socialOffenders contexts Rethinking What Works [He did] a de-tox, but started using again. Initially avoided users, but drifted back into the scene [172]. As recounted by their officers, the lives of each of these three probationers present a similar set of underlying reasons for failing to complete, or even start, the schemes to which they had been referred. In the case of 049 – an optimist whose offending escalated – the officer said that he had been consistently missing appointments for the last five months of his nine-month order and had been using heroin throughout that period. When asked to describe the biggest change in his life since the first interview, she said ‘no change – that was the problem’. The circumstances surrounding the work undertaken with case 141 – a confident whose offending also escalated – portray the violent and exploitative side of heroin-user networks. The officer at the first interview identified two obstacles to her desisting: using heroin and her friendship with a local dealer. Despite referrals for drug counselling, the officer reported that it was: ‘hard to engage the probationer in work whilst on probation, very difficult to persuade her that she had a problem’ and that advice ‘went in one ear and out the other’ [141]. Within two months of the start of her order, she was abducted by three or four men – possibly her dealer and some accomplices – and ‘gang-raped’. Following this she received death threats from these same men, required an abortion and suffered a nervous breakdown, resulting in her eventual sectioning under the Mental Health Act. Her officer was unable to see her for some six months because she had been sectioned. At the time of the second interview, the officer had placed the probationer on monthly reporting and had, in effect, ceased to work with her. In the opinion of his officer, case 172 had only stopped using heroin for a brief period following a residential de-tox. Case 172 was another confident whose offending escalated. It would appear that he started probation heroin-dependent, burgled his parents’ home, started and successfully completed the de-tox and was then heroin-free, was then convicted for the burglary and, as a result, expelled from his parents’ home. This in turn led to the probationer living ‘rough’ on the streets and his eventual return to heroin use. This scenario highlights the part that families can play in fostering or hindering change. Another probationer (086 – an optimist whose offending escalated) commenced his order after moving home to his parents’ in an attempt to avoid heroin users. His officer duly set about arranging appointments with a drug counsellor for him. He did not, however, keep these appointments. As a result of an argument with his 118 Probation work: content and context parents, he left their home, returning to the area in which he had lived previously. The argument with his father, be it either as the result of his continued drug use or the cause of continued use, had left the probationer living close to the old drug associates he had been trying to avoid. His officer said: I think that he is more at risk of getting back into heavy drug use and re-offending – in terms of stealing – because he has gone back to where he knows a lot of drug-using people. That was why he left in the first place, to get away from that scene. Not all families reacted in these ways, however. In the case of one of the probationers (105 – a confident whose offending initially escalated but had ceased by the time of the end of her order), her family (not her officer) worked together in order to arrange and pay for her admission to a rehabilitation clinic. Her officer said: They’re all involved. Her Uncle, her Aunt’s research [about the clinic] – it’s a team . . . a family commitment. She seems to be rising to meet their support – even her grandfather is helping. [She is] committing herself to the rehabilitation programme in a genuine way [105]. Her officer, who had only recently started to supervise the case, said that she was supporting the probationer’s decision to enter the clinic. Another officer believed that her probationer’s concern to repair his relationship with his family had been the reason why he had addressed his drug use: He made a big effort at getting off heroin. He tried to cut down and arranged to de-tox. The motivation was there to repair family relationships. This was the main focus of the work that I did with him, so we discussed all aspects. I guarded him against complacency too, I warned him that it would be a long process [227, an optimist who desisted]. The officer supervising case 060 – an optimist – recounted the following sequence of events as the probationer failed to come off heroin: I ensured that she had access to treatment – her GP and [a local drug partnership]. She got methadone from her GP and the local drug partnership gave her acupuncture and counselling. She was 119 Probation, motivation andwith socialOffenders contexts Rethinking What Works aware of these facilities anyway, but we discussed them regularly. I’ve offered her ‘time out’ in a crisis, which she’s not taken. I’ve seen her jointly with her mum. [The probationer] went to her GP, to [the local drug partnership] and another clinic, but the counter-influences, particularly this man have been very powerful. This man – an ex-boyfriend – re-emerged. He was a bit of a wolf in sheep’s clothing. In the end they both ended up using heroin quite heavily. He was very controlling. She lost her self esteem and got back into heroin in a big way. She couldn’t turn her back on him. At the time of the follow-up interviews, the probationer was thought to be using heroin again and in breach of her order – there was a warrant out for her arrest as a result of her failing to maintain contact with her officer: She’s gone to relatives in . . ., but it was not done in a positive way. I would have given my blessing and transferred her. But it is the same way of her thinking as with heroin treatment – when she gets an idea into her head it has to be done instantly. Last time I heard from her was when she rang our duty officer while I was away and wouldn’t give her address. In a way, she did the right thing, but in the wrong way. For some people, however, the decision to come off heroin was made for them. One officer recounted how the probationer he was supervising – a confident who desisted – had almost died as a result of injecting into an artery in his groin: He was so desperate for heroin that he injected in unsafe conditions. He knew he’d hit an artery, but rammed it in anyway. I had to physically go round and take him to hospital. He wasn’t going to move. His doctor said that if he’d stayed in the flat one more day he’d have lost his leg – two more days, his life [153]. This event had, at least in the officer’s opinion, removed the probationer from the street and placed him in a safer environment – the hospital. Not all officers reported events as unpleasant as some of those discussed above. One officer said that his probationer – a pessimist who was classified as a continuing trivial offender – ’may relapse into drug use’. When asked what had been done to prevent this from 120 Probation work: content and context happening, he replied: ‘Not much. It hasn’t been necessary as he is clear now. I do rely on his reporting if there was any change. We’ve talked about it a few times, but it hasn’t been a problem at all’ [168]. When asked how much he’d been able to help the probationer with this obstacle, he said ‘not much’, adding that this was ‘more a reflection of what [the probationer] has achieved rather than the work of probation’ (emphasis added). The probationer had a new partner and had moved in with her. His officer reported that his new partner was in full-time employment and was a good influence upon him. Other officers reported their experiences of ‘gently nudging’ their probationers towards total drug abstention: We’re having discussions for a longer de-tox programme. 1 I am trying to encourage him to take the next step, but he doesn’t seem to be ready now. He has cut down a lot on his methadone. I think he is afraid to give it up completely in case he gets weak and falls back to serious drugs again [020, a confident who desisted]. I can only encourage [her], I can’t march her to the drugs agency. She has reduced her intake, but she is finding it difficult to go the last fence and give up altogether her methadone. Her GP has reduced it forcefully, even when she didn’t want it reducing any more [058, a confident who desisted]. Another officer reported a gradual improvement in her probationer’s use of drugs: It’s much better now. [I referred him] to [a local resettlement centre] and through there he got on a methadone programme. There was a case conference to resolve things with the doctor, and he now gets his prescriptions from another GP. He now uses methadone and not heroin [013, a pessimist who desisted]. A similar set of processes were detected when officers’ accounts of their work aimed at tackling those obstacles related to the probationer’s personal characteristics were examined. Many of these obstacles concerned the probationers’ mental health or their ‘attitudes’. Officers’ work in such cases often revolved around making referrals: ‘I spoke to the mental health specialist in the [probation] office and she took her case to the Mentally Disordered Offenders Panel. They agreed that a psychologist would see her with a view to counselling’ [110, a confident who desisted]. 121 Probation, motivation andwith socialOffenders contexts Rethinking What Works Other responses suggested that officers had placed an emphasis on helping the probationer balance his or her medical needs. One officer, who reported that her probationer was suffering from depression and that this represented an obstacle to him desisting, described how she had: ‘Tried to encourage him to keep in contact with the hospital and to stop self-medicating. To discuss things with his doctor. We looked at trying to keep busy and focused on things outside of his relationship. 2 I referred him to our Mental Health Team, but he did not attend’ [127]. The probationer, a pessimist whose offending escalated, had: ‘. . . gone full circle. He is realising that he needs more help – maybe he will take it. In relation to his depression, he has come off pills willy-nilly – tried to do it alone – but it is too much for him by himself. He needs medical help.’ In this case the officer’s efforts were nullified by the probationer’s actions (failing to attend the Mental Health Team and coming off his medication haphazardly – both symptomatic of his depression perhaps). In other cases mental health problems either failed to materialise or were in someway suppressed by factors outside the officer’s sphere of influence: [his mental health] is still a problem, but now dormant. It is there, but he got employment. If he loses the job, the depression will come back. Psychiatric service help is still in the pipeline, but it is up to the service to contact him. He got the job himself [and] he’s bloomed. It raised his self-esteem and financial ‘muscle’. He threw himself into work [077, an optimist who desisted]. Cutting down on alcohol made her less depressed. Circumstances also slightly improved, which had a positive effect 3 [152, an optimist who desisted]. Apart from offering advice and support, I couldn’t do much about [his mental health]. He was taking his medicine before he got put on probation [119, an optimist who desisted]. Obstacles relating to immaturity, low self-esteem and attitudes appeared to be especially hard for officers to tackle successfully. In the following report of the work undertaken, the officer discusses how, between them, he and the probationer had addressed two obstacles – stress in the probationer’s life and his low self-esteem: He creates stress. There are problems in his relationship – not showing any affection to her. I discussed parenting skills with both 122 Probation work: content and context of them. He listened, but it was short-lived. [In terms of his self-esteem], we’ve focused on the times when he handled things well. He had been a main-carer for their children at one point, and his self-esteem was high at this time. He went on a sex chat line – thought it would give him confidence, but it contributed to his dissatisfaction with his partner, and the result was a pile of sexual problems with her – from his point of view [118, an optimist whose offending escalated]. Other officers reported similar problems: We’ve discussed his attitude. He has no respect for girlfriends, so finds the work hard to take in. I just tell him not to hit women [102, an optimist who desisted]. Not done much [about the probationer’s immaturity] really, except talk. But it is difficult to get into the pattern of work with him. He brings in other crises 4 [107, an optimist who desisted]. I’ve tried case-work, aiming at behaviour modification. Getting him to identify his own mood patterns and to understand how he got himself out of these patterns. He continued to believe that moods were ‘inevitable’ and ‘uncontrollable’ [016, a confident whose offending escalated]. Obstacles associated with poor temper control or anger management were only identified by officers in six cases and appeared to be no easier to tackle than inappropriate attitudes: I hoped to get him on a course, but wasn’t able to do that. I’ll just continue to expose issues related to this in supervision, but there hasn’t been continuity, and with him being at work I didn’t want to increase contact. He is willing to look at these issues when he comes here. There’s a lot of back-log to work through. There’s a lack of time now. I was hoping that if he was convicted of this assault 5 I could get him on an order with a condition, but the charge has been withdrawn [220, an optimist whose offending escalated]. We looked at some of his past instances of losing his temper. But this got side-tracked by him losing his accommodation and job. These then became the focus of the work. He walked out of his job after a conflict at work. He doesn’t see it as a problem – 123 Probation, motivation andwith socialOffenders contexts Rethinking What Works the ‘problem’ is other people’s behaviours [193, an optimist whose offending escalated]. In some cases, the officer’s attempts to tackle the obstacles they had identified were rendered impotent by the probationer failing to maintain contact (see Farrall 2002, on unauthorised absences). The officer supervising one probationer [146] had identified three obstacles at the first interview: his addiction to gambling; his accommodation; and his low self-esteem. However, the probationer – a pessimist whose offending escalated – moved away and there was little the officer could do to intervene with any of these obstacles. In some instances, characteristics of the probationer themselves presented impediments to effective work. Gary [202], in his early 20s at the start of his order, had been found guilty of a number of counts of arson, which appeared to be the result of his father’s recent death and excessive drinking on the probationer’s part. As a result of some of the concerns expressed by his officer, the probationer was assessed by a clinical psychologist, who reported that he was ‘borderline educationally disabled’ – a fact which appeared to have hindered all efforts at working with him: SF Last time we met, I asked you if you thought there was anything that might make it hard for Gary to stop offending. You said that there was only one obstacle – another possible trauma like the death of his father previously. Have there been any [traumas]? PO Not that I am aware of – and I wouldn’t necessarily agree with my own view six months later. There clearly must have been some kind of catalyst to set of this chain of offending that occurred . . . SF [Interrupting] Sorry, I thought he was only convicted of two arsons? PO I think he was convicted of one with ‘recklessness to whether life endangered’ and one ‘without . . .’, but there were probably more fires than the two that he is convicted of. In fact there were probably quite a few more . . . What was thought at the time was that it was a combination of the trauma and the unresolved grief of the bereavement and the excessive use of alcohol that had actually brought about the offending behaviour. Nothing has been done to address either of those issues – or nothing significant. What he said – that he was not able to articulate his feelings in any way . . . so certainly if he did 124 Probation work: content and context experience a trauma of any nature, the risk of re-offending would increase. But he hasn’t. I do feel less inclined to accept that this was just about that trauma than I did six months ago. Why? I think there is probably a more long-standing problem – but I am not sure what it is. Certainly a bereavement, if you are stressed and anxious, you are going to get more stressed and anxious – I’m not saying it was insignificant. But I’m more inclined to think that we ought to be looking much further back at something that . . . maybe not a one-off event but something about the way . . . I don’t know. Something that has been happening to him through out his life probably. SF You said that you haven’t been able to make any progress with issues around bereavement or alcohol, is there anywhere where you have been able to make progress? PO No, not really. The fact that he attends appointments and goes to education [classes], which, I think, is positive. And I don’t think that we’ll always be in this position of not being able to make progress, well we may be, but if we are we will know why that is. I am much more inclined today than I would have been six months ago to believe that actually one of the major reasons for lack of progress is Gary’s reluctance to engage in anything too demanding. Gary did not face any further traumas and attended well for the rest of his probation order (some 18 months). He appeared genuinely remorseful when discussing his past offending – which, it appeared, had been limited to just the arsons referred to above. He did not offend again during the time of the order (two years). However, given the difficulties his officer faced when working with him, it is hard to find evidence that his supervision played a part in accounting for his desistance. Probationers’ responses Thus far, the analyses undertaken have relied upon officers’ accounts of the work undertaken. In this section, the probationers’ perspective is developed. Because probationers generally reported fewer obstacles than their supervising officers, the following analyses draw upon all obstacle types identified by probationers rather than just drugs and personal characteristics, as was the case with officers. Some of the probationers reported instances when their officer had been able to help them directly with the obstacle which they had 125 Probation, motivation andwith socialOffenders contexts Rethinking What Works identified. In one case, the probationer reported how his officer helped him ‘change his lifestyle’ (the obstacle he had identified): She has helped me getting the place where I am now. It is a resettlement unit run by the Salvation Army. [I’ve also] kept away from certain people. Resisted being tempted to use heroin and occupied my time by doing voluntary work and going to college three days a week [013, a pessimist whose offending continued at a high rate before he desisted]. Another probationer had identified the ‘trouble in the area since my friend was killed’ as something that could make it hard for him to stop offending. With regard to this obstacle, he said, his officer had helped him to understand: ‘. . . my feelings at the time when I almost attacked this guy. 6 She made me aware of the ‘‘warning signs’’ 7 and made me aware of the consequences’ [068, a pessimist who was classified as a continuing non-trivial offender]. 8 In other cases it is clear to see how the direct influence of the officer helped to avert situations which would almost certainly have led to further offending by the probationer. Samantha (028 – a confident who desisted) recounts how her officer intervened to support her efforts to avoid a drug-using and violent ex-partner: He came back from Holland and moved here. He had a nice job, his own house and money and said he had gone straight and drug-free. He made a lot of promises but then he went back to drugs and offending. When I tried to get rid of him, he started beating me up. I didn’t want him in my life because I knew he would get me back on drugs. It killed a few months of my life. I got depressed and ended up taking pills. I lost a lot of weight and my life was in a mess. [My officer] made a home-visit to see why I was missing all my appointments. When I explained, she phoned the domestic violence people and got back to me with their advice. She also called the police and told me to let him [boyfriend] know. I phoned the police like she told me to do and I made a complaint because of his violence. This stopped him because I told him. He still lives around the area, but he’s not bothering me anymore. I was scared at some point that I would get back into drugs because of him. For the following probationer – another confident who desisted – the influence of his officer was apparent to him, even if he could not articulate exactly how she’d helped him with his depression: ‘It is not 126 Probation work: content and context something that I can say in words – not just something she said . . .’ [027]. Other obstacles were confronted and overcome in slightly more roundabout ways, as this quotation from a young male probationer (who had identified his ‘temper’ as an obstacle) illustrates: ‘She tried to make me see ‘‘the light’’ – anger management helped, but it was really related to cocaine use, and [I] calmed down when I stopped using. I stopped using coke, but before I stopped I didn’t realise it was related to my temper’ [071, a pessimist who desisted]. The probationer had earlier in the same interview identified ‘stopping taking coke’ as the biggest change since the previous interview, which he put down to: ‘My girlfriend was getting pissed off. At work I was knackered if I couldn’t score. I started reducing then stopped’ 9 [071]. Another probationer (who had identified alcohol as his obstacle to stopping offending) said: My officer referred me to [a local alcohol partnership], my GP and the Alcohol Dependency Unit at the hospital. My GP told me to cut down as I had alcohol related diabetes, so I had no choice. I was also in and out of court all the time for ‘drunk and disorderly’, which I got fed up with [030, a confident who desisted]. Again, locating the driving force for this abstinence is hard. The GP, his officer and his own growing irritation at being in and out of court could all claim some role in it. Despite these cases, which all show the influence of probation supervision in helping probationers confront the obstacle which they said they faced, there are equally compelling accounts of how, despite the work of officers, wider social and personal contexts hampered the complete resolution of the obstacle mentioned. One probationer (193 – an optimist whose offending escalated) reported at the first interview that he felt that ‘having no money, no job and no home’ would make it hard for him to stop offending. When interviewed for the second time he said that although his officer had helped him get somewhere to live and given him ideas about work and despite his own efforts to find work, his several previous convictions had made getting work hard. In other cases, the probationer appeared either not to have sought advice or to have ignored it: We didn’t discuss [drugs]. I de-toxed myself and got a job [072. Obstacle: ‘drug use’. A pessimist whose offending escalated]. She gave me advice, but I didn’t really take it. I find it difficult to let go. She couldn’t have done more. The decision has to come 127 Probation, motivation andwith socialOffenders contexts Rethinking What Works from myself [206. Obstacle: ‘if boyfriend gets back on drugs’. A confident who desisted]. She didn’t have much chance to help me because I told her it wasn’t much of a problem. We discussed gambling, but I thought I was cutting down – I now realise I wasn’t. If I’d asked her she could have set up appointments with Gamblers Anon. I didn’t ask because I thought I could stop myself [146. Obstacle: ‘gambling’. A pessimist whose offending escalated]. Others denied that probation could ever be of help. The following probationers, when asked: ‘has being on probation helped you stay out of trouble?’, said: No. Probation does not help, it’s up to the individual. I’ve been on probation for years and it doesn’t stop me from offending. It may help some people, but not me. It’s okay, but it doesn’t keep me out of trouble [226, a pessimist whose offending escalated]. I don’t know how she can help me with it. 10 Just talking to her is a positive experience, but in practical terms she has no effect. Though I like her as a person and I’d hate to disappoint her, she’s of no consequence to me, nor me to her, so . . . I’ve changed my lifestyle a little, sacked a few friends, been more considerate, curbed a bit of my routine. I’ve looked at my future, long and short term and made plans, been more responsible [019, a pessimist whose offending initially continued before showing signs of desisting]. Life events (such as marriage, child-rearing, employment and so on) have long been associated with desistance by those researching criminal careers (see Chapter 1). Similar processes can be seen in the lives of probationers as they overcame some of the obstacles which they had identified: I’m still on methadone prescriptions, but nothing else. Not much [has been done by my officer]. We’ve talked a lot about it, but that’s as far as it goes. I didn’t get much help. I was already pregnant last time I saw you. I knew I had to stay out of trouble for the baby’s sake [PR 134. Obstacle: drug use. An optimist who desisted]. She suggested things – like anger management, but nothing happened. Because life’s generally better, I can cope easier. I split 128 Probation work: content and context up from my boyfriend. It was my decision to end it – it was destructive for both of us. I’ve been a lot better, before I was stressed out, I’m no longer stressed [PR 110. Obstacle: temper. A confident who desisted]. I don’t normally see my friends so much during the week. I’m with my girlfriend. It is still a problem because when I see them at the weekend I need . . . like . . . they all start smoking and I just can’t resist it really [039. Obstacle: drug use. An optimist who was classified as a continuing trivial offender]. Looking at obstacles from different sides So far, the analyses have focused on officers and probationers in isolation from one another. This style of analysis was driven by the fact that very few officer and probationer pairs had identified the same obstacles as one another. We turn now to consider the instances where officers and probationers agreed about the obstacles faced. Probationers’ battles against drug addiction (usually heroin) have formed a recurring aspect of the analyses. One officer [008] described the work he had undertaken with his probationer: ‘I have negotiated with the [drugs dependency team] and tried to get him to be honest about the extent of his drug use.’ However, when asked to describe what the probationer had done, the same officer said: ‘He got himself back on the programme [with the drugs dependency team], and then played silly buggers with the methadone doses!’ Things were not all doom and gloom, however. The probationer’s partner had had their second child, which the officer described as having ‘spurred him into getting a job’, which the officer said the probationer seemed quite happy about. In addition, the couple’s first child, aged 3, was ‘getting some awareness of ‘‘Daddy’s’’ frequent use of the toilet’. 11 Whether it was due to the arrival of the new baby, the older child’s growing awareness of his father’s drug use, the somewhat stymied drug programme or the probationer’s growing sense of needing to provide for his family (hence the job) is hard to ascertain with any certainty. What can be said, however, is that he went from being a pessimist when first seen, to an optimist and finally a confident and was classified as a desister. The probationer himself described his officer’s efforts at helping him give up drugs as: ‘He just talks to me really. When I stopped going to the [drugs dependency team], he was keeping in touch with them, checking how many times I was going there.’ Of his key-worker at the team and the team generally he said: ‘I came off drugs with the help of the team. I didn’t get on with my key-worker, he was a pain in the 129 Probation, motivation andwith socialOffenders contexts Rethinking What Works bum. I stopped going, but things are alright now.’ When asked to describe the biggest change in his life, he said ‘giving up drugs’. When prompted to discuss why he had given up drugs he referred to his new baby and added that his wife had said she would leave him if he did not stop using heroin. Indeed the role of his wife appeared to be a key factor in understanding why he had ceased using heroin. His officer said: ‘In recent months he’s felt under pressure. Fluctuating motivation of attending the [drugs dependency team]. She had quite a big influence on him actually turning up.’ This account was supported by the probationer himself, who said of a recent threat of breach from his officer: When I didn’t go a couple of times, he sent me a letter warning me that if I didn’t go he’d have to report me. Still I didn’t go, but [my wife] panics too much and made an appointment for me to go and see him – which I did. In another case, whilst both officer and probationer agreed about the obstacle faced by the probationer, and even agreed on the course of action required to combat it, other factors negated action: I encouraged her to go to the Employment Training Officer, but she wants to wait for her daughter to start school before doing so [PO 058. Obstacle: unemployment]. We’ve talked about it, but with a little girl I can’t do anything work-wise at the moment [PR 058. Obstacle: unemployment]. In other instances, whilst there was an agreement about the obstacle faced, the solutions proposed by the officer and probationer were different. In the following case, the probationer was a pessimist who was classified as a continuing non-trivial offender: Well, to tell you the truth, I could get a job anytime I want. I have got to a stage where I didn’t really want to work. I’m quite happy. Then it came to the stage where I wanted to start working again. If I really put my mind to it, as soon as I get out of here, 12 I could have a job within a few days [PR 204. Obstacle: unemployment]. I remember him saying that he was most likely to offend late at night and in the morning and that if he could find a nightshift job it would stop him re-offending, but he never did find a nightshift job. I don’t think, however, for me, that was the solution. It might 130 Probation work: content and context have helped him break a pattern, but he needed to learn ways of not offending other than finding a nightshift [PO 204. Obstacle: unemployment]. In yet other cases the treatment offered was not felt by the probationer to fit his or her requirements: I made appointments for him with a drug counsellor, he failed to attend these [PO 086. Obstacle: drug use. An optimist whose offending escalated]. She tried to get me on a day course. I’d been on one before but it didn’t do any good before, so I didn’t go on it, which she accepted. I said I needed residential care all along. They are asking me to do an unrealistic thing – to get off drugs while I’m out here. 13 Everyone you know is doing it, so the temptation is too much. But they won’t put me on a residential rehab [PR 086. Obstacle: drug use]. In any event, as reported earlier, the probationer left home after a row with his parents and moved home – taking him to another probation area altogether. A case study: a pessimist who desisted In this section, the work of one officer–probationer pair is examined in detail. The purpose of investigating this case is to illustrate both the nature of the work undertaken as part of probation supervision and the role of other individual and social contexts in mediating such work. Anthony [094] was in his late 20s when he started his 12-month probation order – imposed after he had been found guilty of actual bodily harm. He had been working on a confectionery production line when another employee approached him and started to pass remarks about Anthony’s hair style. Anthony head-butted this man, breaking his two front teeth. Anthony said that at the time of the incident he had been getting on badly with his wife, who had just given birth to their first child; he hated his work and was generally stressed, mainly about the new baby, which was keeping him awake. He said that he spent about £50 a week on cannabis and amphetamines. His officer confirmed this portrait, adding that Anthony ‘drank heavily with his friends’. Between the offence and the first interview, Anthony’s lifestyle changed. He had left the home he had shared with his wife and child 131 Probation, motivation andwith socialOffenders contexts Rethinking What Works to live with his sister, and divorce proceedings had commenced. Anthony said that he ‘occasionally snogged birds’, but was not in a steady relationship. He had a new job (having been sacked from the previous one as a result of the assault), but was drinking and smoking cannabis much more, both of which he attributed to his divorce. He said he was also feeling ‘down’, again due to the divorce. His officer painted a similar picture. Anthony identified two obstacles to his desisting: if he saw his wife with her new boyfriend, and his drug use – which he said was not something he would address as ‘no one will stop me smoking drugs’. With regards to the first obstacle he said he had ‘told her not to bring her new fella near me’. When asked directly whether probation could help him with this obstacle, he said: ‘No. There’s nothing they can say or do that would stop me attacking him – it’s a pride thing. She shouldn’t see someone in front of me.’ Anthony’s officer also identified two obstacles: his ‘way of thinking’ and his friends, whom he described as a ‘bunch of ruffians’. In terms of tackling the first of these, he stated that Anthony got angry quickly and that they would use some of the exercises from ‘Targets for Change’ to deal with this. However, the second obstacle – Anthony’s friends – would be addressed less directly: ‘I won’t do too much. The more you tell someone not to do something the more they’ll do it. I’ll try to empower Anthony to do something himself – give Anthony an insight into the consequences of knowing these people.’ By the time of the second interviews, Anthony’s circumstances had changed again: he had moved home again and was now living on his own which he liked, as it gave him more independence; he had also been off sick from work, after he hurt his leg in a fight; and he was drinking more. The obstacles he had identified during the previous interviews were revisited: SF PR 132 Last time we met, I asked you if you thought there were any problems that might make it hard for you to stop offending, and I remember you said ‘if you saw your ex with her new bloke you’d flip’. Yeah, I would, I probably would still now. Lucky I haven’t seen him – I don’t want to see him. I keep telling her ‘don’t bring him anywhere near me. If I see you in town with him – I will’. ‘Cause inside [of me] I know I will. I can sit here now and say ‘nah I won’t do nothing’, if they walked past that window now, I’d have my trainers on going down there getting him. It’s inside you, you know what I mean? You can’t stop that. I’m Probation work: content and context SF PR not going to go stalking him or anything, or anything like that, it’s just that if I see him in a pub or in the street, I’ll hit him or whatever – I will. It just . . . it’s a matter of principle. When I split up with my wife, within six weeks, she was seeing him. As far as I know, she could have been seeing him before hand. But she swears blind she weren’t. But I still got that doubt. It will always be there – until I get it out, get it out of my system, actually give him a kicking, it will always be there. You said earlier that you’d talked to [officer] about how you felt about that, is there anything else that he could have done? No, no. At times when I talked to him about it, I was for going round there, kicking the door in giving him abuse. Waiting for him to walk out of work and jump him. But [officer] was saying that was a stupid thing to be doing – ’you’ll get inside, you’ll miss your kid’. That’s right, yeah, but if I saw him in the street, I wouldn’t stop it anyway. It’s just inside – I’d just flare up. I can stop myself from going to get him, I can stop myself from stalking and getting him, but if I see him . . . Although Anthony’s officer had identified him as being ‘quicktempered’ at the first interview, he said during the follow-up that he had actually done very little work with Anthony on this topic as he was due to start an anger management course. With regards to Anthony’s domestic arrangements he observed: He felt that the situation at home [when he had been living with his wife] was . . . well, that he didn’t want to stay in it, and he moved out – which was his right. And I wouldn’t try to put him back there. I wouldn’t try to encourage him to go back there cause it is not what he wants. He thinks he has got a temper, and I think he has got a temper, although when he comes to see me he has a placid way of co-operating. And we can discuss lots of issues. I think if he was pushed emotionally he would react. And he did say to me before that he was looking forward to going on the anger management programme as he hopes that by the end of the programme he would be able to develop strategies to deal with his anger and his temper. Which he recognises is a problem for him . . . The second obstacle to his desisting which Anthony had identified was his continued use of drugs and, in particular, cannabis: 133 Probation, motivation andwith socialOffenders contexts Rethinking What Works SF PR SF PR The other thing that you said that might make it hard for you to stop offending was the fact that you were smoking dope. Yeah. I reckon that . . . well . . . I’m not going to give up dope whether they make it legal, illegal, whether they ban it. I’m still not going to give it up. It’s my prerogative. They’re allowed to get pissed up on whiskeys, 14 I’m allowed a spliff. That’s the only way I mean, if they made it legal tomorrow, I wouldn’t be breaking the law smoking a spliff. They’re making me a criminal by doing that. That’s one reason why I ain’t giving up dope – I enjoy it too much. I’m not giving up no drugs – I like this, I like pills and I like coke. That’s like, when I go out at the weekends, I’ll have a few drinks, and I’ll have perhaps some whizz. 15 Between that I’m smoking spliffs – spliff after spliff after spliff. Cause everyone I know smokes. Skins up, well one every ten minutes. Well, I smoke all the time . . . Remind me again, did you talk to [officer] about dope? He says, I’ve spoke to him about it like – there’s not a lot wrong – he don’t say it’s right. He just says there’s not a lot wrong, a few spliffs here and there. He said if it don’t agree with you, just have beer . . . he don’t actually condone it, but he don’t actually say ‘don’t do it’. This report was supported by Anthony’s officer who said ‘well, he smokes cannabis, he tells me that. Only now and then, but it is not a major problem’. Anthony’s officer had outlined two obstacles to his desisting. One of these, his temper, has already been discussed. With regards to the second obstacle – Anthony’s friends – the officer said: Well, I know some of the people he associates with, and I know of the [pubs and clubs] that he goes to to relax, have a game of pool and a few pints. It is a well known establishment in town. I have seen him around the town centre with others who I know, through my work as an officer. He is associating with these people and since the offence [for which he received the order] he hasn’t come to the notice of the courts. So I think he . . . it appears he is managing alright. Whilst I want to be able to wish him well for the future – I am skirting around it here – I don’t want to be judgmental, he has known these individuals for a long, long time and they are friendships that were nurtured at school, very hard to shake off. You can still have relationships with people who are offending and not offend yourself. I would like to believe that that is the case. 134 Probation work: content and context The topic of Anthony’s friends was returned to repeatedly during the interview: SF Has Anthony been involved in any offending since the last time we met? PO Not to my knowledge. But I do know . . . I am concerned about some of his peers . . . that are known to me, known to the [probation] service. I see him around the town . . . and I do see him in the company of others that I would rather he didn’t associate with. But that’s . . . he is happy in their company, and so far he hasn’t come back he hasn’t re-offended so I suppose it is not like that . . . but I would rather he didn’t associate with some of his peers. When the focus of the interview fell upon the officer’s own efforts to intervene he said that he had done very little. This is entirely understandable, and exactly as he had predicted: SF Just thinking about the friends, which strikes me again and again as being your primary concern about Anthony’s future, is there that anything that you or the probation service can do? PO I don’t think that you can legally prevent anybody from associating with anybody in this country really. It is a democracy after all. We can befriend whomever we please. In this particular case, as far as probation goes, all we can do is to raise . . . my concerns and then it will be entirely up to him if he wants to or not. SF Have you raised your concerns about his friends with Anthony himself? PO Not recently. He did tell me of some individuals that he knows, and he knows that I know these individuals as well. And we talked about the merits of actually being with them. I did actually say to him that he should be a little more self-aware than that, and he actually said he wouldn’t associate with them, but we never talked in depth about it. How did he react to your suggestion that he be more . . .? Basically I didn’t want to put too much of a point on it. I didn’t want to sort of make it the main focus of anything. I just mentioned it and allowed it to stay with him and let him deal with it. I don’t want to do the big brother thing and sort of ‘don’t do this’. I felt I would just mention it and allow it to stay on the agenda and perhaps to come back to it another time. Give him time to think about it. 135 Probation, motivation andwith socialOffenders contexts Rethinking What Works At the end of the second interview, both Anthony and his officer were asked to identify further obstacles facing Anthony and to reflect on how they might tackle these. Anthony’s officer said that Anthony’s friends would still pose a problem, but because Anthony was going into group-work for the rest of the order, they would be seeing very little of each other. Anthony himself identified his involvement with drugs and friendships: SF PR Tell me a bit more about some of the things you think might get you back into trouble. Oh, there’s definitely drugs and that. Like even being in work, like my mates – like they’re drug dealers. Like I’m in a car with him a lot of times, and he’s got drugs in his car, I’m in that car, I’m nicked with him. He’s not gonna say it’s his, he’s gonna say ‘humpf – I don’t get that’ – you know what I mean? And I’ll be sat next to him, so there’s another way of getting nicked. I also, the pubs I go in as well, the other pubs I go in, most of the pubs near town, you get a lot of trouble, like people coming in Saturdays and things like that. Too much uncertainty – it’s all ‘ifs and buts’. But it is possible, it is easily possible. There’s many different ways of getting arrested for silly things. Some of them are not so silly and some of them are. Is there anything you can do to sort of . . . stop that? Yeah. No. You can’t. There’s no way you can do it. The drugs for instance, that’s my social life. That’s the people I deal with and hang around with. That kind of thing – that’s just life. Its part of life. If it wasn’t for drugs, if they weren’t illegal, then . . . then, I wouldn’t be breaking the law. Fighting for instance, that you can’t stop, that’s gonna happen whatever, the poshest bloke in the world or the lowest bloke in the world – if someone hits you you’re gonna hit back. So that kind of thing you can’t stop. The third sweep interviews took place shortly after Anthony was due to have completed his order. However, at that time it became apparent that he had attended very few of the anger management sessions. The officer interviewed (who had taken over the case after the previous officer had left the office) had never met Anthony and could provide little information about him. He noted that Anthony had been reported by the officers running the anger management group to have appeared ‘withdrawn’ at the two sessions he had attended, but that he had not approached either of these officers about this. Anthony was breached and a warrant was issued for his arrest. His account of his ‘disappear136 Probation work: content and context ance’ was the first thing discussed when he was seen for the third and final time: SF PR SF PR So, you’re technically no longer on probation, that all finished. Yeah that all finished. When did that finish? Well, I assume, when I never went to anger management (laughs). Cause I moved from that address, they never contacted me. All my mail must have gone to that address and I never heard nothing, so I assume that I have been breached. I saw you in July, and you were still seeing [original officer] then. Yeah, I was. Once a fortnight I was seeing him then. And, what happened? Well, I just sort of moved house, didn’t go to my appointments when I was supposed to. And stuff like that really. He sent a few letters saying ‘turn up at such and such a time’. This is [original officer]? Yeah. Once I knew I’d lost me job, and was in debt to my rent, I just thought ‘fuck it, fuck everything’. Move away from the area, move away from the city centre sort of thing, and just forget everything, forget the anger management, forget probation, and just move on. I don’t think I need it anymore, personally speaking. You went to some of the anger management sessions. Yeah I went for 11 weeks. And what were they like? Stupid. They were based on an American thing. It is a trial thing over here really. It is basically, they ask you stupid questions of situations which never happen and how you are going to respond to them. Like, I’ll give you an example: one of them was ‘you’re with a bunch of Jewish people, you’re being chased through a village, and there are German soldiers chasing you, they run into this house and one of the women’s got a kid. The kid is crying, it’s going to give away your position, and the Germans are going to come in and shoot you all, what do you do? Do you kill the kid or . . .?’ Do you know what I mean? Do you give yourself up for the sake of the kid? What a stupid question. I refused to answer it . . . 16 Anthony was asked to discuss the obstacles which he had identified: SF PR When I spoke to you last time I asked you if you thought there was anything that might make it hard for you to stop offending and you said ‘knowing people who use drugs’. Yeah – cause I am constantly around people who smoke dope all the time. It is like a different social world to everyone else’s. 137 Probation, motivation andwith socialOffenders contexts Rethinking What Works Like everyone else who don’t smoke dope, they got their friends and such and such, they go out for a drink with the friends, or play cards, or whatever they do with their friends. When you got smoking friends, you go round their houses, you sit down, you smoke a few spliffs, you get stoned with them, you have a laugh, most of the people I know, nearly everyone I know, smokes dope. It is a different social background. So, I go in drug dealers’ houses all the time. I have a smoke in there – if I’m in there and they get busted, and there’s loads of drugs around, I’m dragged in with it. That is a risk you take. It is only cannabis – it is not heavy drugs. But if they legalise it, then no one would be criminals. So, in effect, he had done nothing about the obstacle which he had identified. In sum, neither he nor any of the officers he’d had contact with had directly addressed his ‘temper’. His officer had not wished to tackle it directly, for fear of ruining the work to be undertaken in the group-work sessions, and the officers running the group did not appear to have impressed Anthony in any way. At every one of the three interviews, Anthony reported having been in numerous fights (usually associated with drinking). His drug use continued and he was ‘hanging around’ with other users and dealers. Yet despite this, Anthony would appear to have received (and by all accounts listened to) advice from his officer. For example, he discussed with his officer his ex-partner and her ‘new fella’ and how he should react to this situation and, accordingly, he had not gone to her new home and ‘jumped’ her ‘fella’. Anthony remembered sufficiently well what his officer had said to be able to recount it when interviewed, had realised that his officer’s advice was worth heeding and had started to get on better with his ex-wife. Whilst he had continued to become involved in fights, at the third interview he estimated that his last fight had been six months prior to the interview. At around that time, Anthony’s life changed dramatically: not only did he leave the area (near the city centre) in which he had been living to move to a suburban part of the same city, but he started to live with a new girlfriend, Cleo. During his final interview, Anthony discussed the influence of Cleo, probation supervision and other normative life events: SF PR 138 Any other trouble that you’ve got into since I saw you? No, not really. I’ve stayed off the drink as much. Now I’m with Cleo like, I don’t drink as much as I used to. I drink a bit Probation work: content and context indoors, but I don’t go out pubbing it no more. I don’t need to. The only reason why I used to go out pubbing it was to socialise. Meet girls. Get drunk, y’know. I don’t need to since I met her. I just stay in with her – become a quiet life again. And again: SF PR SF PR SF PR Can you describe for me your life when you first started probation, back that year or so ago. Well, when I got [probation], just before Christmas in December I got sentenced. It must have been just after I split up from my missus. Back that time I probably needed someone like [officer], like I said, it felt like counselling, you could go in there and say to them and it felt better when you left there, like ‘fucking bitch won’t let me see my kid’. And he’d say ‘well, you ain’t gonna see your kid if you speak to her like that’. He’d make you look at it that kind of way. So it was all right for that sort of reason. The counselling. It helped with my personal problems. As for re-offending and stuff like that, as I said before, everyone breaks the law everyday, it’s just that people do it in different moderations. That was your life then. Tell me a bit more about your life now. Now I’m unemployed. I’m not really looking for work at the moment. After working for five years on two shitty jobs, I want about a year off. Have a break. I’m a lot happier now that I’ve got Cleo. I don’t go out with attitude no more. When I was single and that, I used to go out with attitude and that. It was all about getting a name for yourself and all stuff like that. Which I already have, but its all image when you’re on your own. But when you are with someone you don’t give a fuck about anything, you just think ‘ahhh fuck it. I’m with her and that’s it’, it’s as simple as that. So you can relax more. You can take little digs at you a lot easier. Like before you’d bite on them – you’d say ‘what was that you fucking said?’, but now you just think ‘yeah, yeah, go away you prick’, you know what I mean. You just brush it off easier now. Those changes, that you just described to me from between when you started probation and now, was that anything to do with probation or was it things away from probation? Nah. Its away from probation. I done it myself. Probation didn’t really help me. The only thing they really did for me was like I said – counselling type of thing, helped me see my kid 139 Probation, motivation andwith socialOffenders contexts Rethinking What Works and things like that. It helped me . . . use it . . . the right way about going about things. Like going round there blowing up, putting windows in and trying to get the kid and stuff that way, he made yer sit down and think about it. And that’s about it really. But, then I never really talked to him about crimes or anything, ‘cause he is an officer, you know what I mean. You can’t say ‘yeah, I go out smoking dope’, ‘I’m doing ‘‘this’’ all the time . . .’, cause he’ll just go ‘oh, yeah? oh yeah? – you’re breached, you’re not supposed to commit offences whilst on probation. So you can’t really say nothing like that to him. You can talk to him to a certain extent, but not to the full extent – not like you – you’re in confidence, 17 they’re supposed to be confidential too, but if they know that you’re breaking the law, a serious offence, they’ll scratch that straight away. These extended extracts reveal the influence of Cleo. Anthony claimed that the changes in his life and his frequency of offending were due to Cleo – and certainly no other major changes could be detected. Probation was, he admits, helpful at the start of the order, when he had somewhere to go and ‘sound off’ about his wife, and the advice of his officer may have been of use. Certainly it would appear that having someone to talk to did help Anthony at that time. Anthony’s experiences were chosen as an example of the situated context of probation work because whilst he and his officer had identified different sets of obstacles, similar themes – peers, the ‘ex-’ and anger – permeated their discussions. They had also discussed together possible ways of resolving some of these (the ‘ex-’ and peers being the obvious examples), and it would appear that Anthony had taken on board some of the advice given to him – in particular concerning his ‘ex-’. Nevertheless, it is hard to come to the conclusion that probation was the driving force behind Anthony’s offending reducing in the way it did. He claims his offending (i.e. fighting) was greatly curtailed around the time that he ceased to attend probation, moved away from a particular area and started to live with Cleo. In other words, changes in Anthony’s personal and social contexts appear to have been the features of his life which encouraged desistance, rather than probation supervision alone. Summary This chapter has developed the analyses started in Chapter 5, which explored the outcomes of the attempts to tackle the obstacles to 140 Probation work: content and context desistance faced by probationers. After finding that variations in the formal interventions made by officers played little part in accounting for whether obstacles were resolved or not, this chapter has considered the role of personal and social contexts. This discussion has demonstrated a number of important issues concerning ‘successful’ and ‘unsuccessful’ attempts to tackle these obstacles whilst on probation. There were very few instances where failure was due to inexcusable inaction on the part of the officer. However, even when officers did intervene to help their probationers overcome the obstacles which they faced, their efforts did not often appear to have been of help. There appeared to be a tendency for officers to ‘talk about’ the obstacles which their probationers faced, rather than actually take action (see Table 6.3). Officer 107 reported that he had talked with his probationer about his immaturity yet, as he noted, it proved to be very hard to make much headway with this approach. The officer supervising Anthony reported that he had ‘. . . just mentioned [Anthony’s friends] to him . . .’ as he ‘. . . didn’t want to make it the main focus of anything’. One is left with an impression of circuitous discussions between officers and probationers during which officers ‘drop hints’ about ‘issues’, the lessons of which are not brought home to the probationers. Contrast this approach with case 113 (in Chapter 10), where the officer ‘continually’ spelt out to the probationer the need for him to change. This interpretation is borne out by quotations from the probationers themselves – see case 134 earlier in this chapter on how she and her officer ‘talked about it’, but that was ‘as far as it went’, or case 110 who reported a discussion about anger management but that ‘nothing happened’, or case 008 who reported that his officer ‘just talks’. There appears to be a consensus amongst officers that ‘talking about’ obstacles to desistance with probationers will resolve them. It may well be that this is the first step towards resolving them, but it would not often appear that this approach actually solves these obstacles in and of itself. What, then, would appear to help probationers to overcome these obstacles, and thereby increase their chances of desisting? The answer could lie in not talking, but acting. From the qualitative data presented in this chapter, examples of ‘good work’ (i.e. intervention which led to some positive outcome for the probationer) by officers would appear to consist of action. Consider, for example, the officers who helped probationers to find accommodation (see earlier this chapter); went round to the probationer home and assisted them, either by telephoning other agencies on their behalf, or who physically took the probationer to another agency. Other examples of similarly ‘good 141 Probation, motivation andwith socialOffenders contexts Rethinking What Works work’ being equated with action rather than talk will also be found in subsequent chapters: by, for example, telephoning family members to ask them to help probationers, case 153 (in Chapter 9) or case 054 (in Chapter 10). This not to say that talking is never good, but that too often it is all that is relied upon and that more, by way of action, is required to maximise probation supervision. Consider the events reported by officer 060 (this chapter). She reported that she and her probationer ‘regularly discussed’ heroin and that the probationer was offered ‘time-out’ – but nothing was done to address the ‘counter-influences’, namely, an abusive boyfriend. Contrast this with the reports of the action taken by another officer in a very similar situation (case 028, this chapter), who intervened in a very direct manner and achieved a positive outcome. This is not, of course, to ignore wider social and personal contexts or their influences on the probationers. There were several instances of the probationers’ social and personal contexts intervening in such a way as to influence the ‘success’ or ‘failure’ of the attempts made to deal with the obstacle. Arguments and reconciliation with family members usually occur independently of probation supervision; decisions to leave home, return home, ‘runaway’ and so on are made for reasons other than their ‘rehabilitative’ tendencies. Gaining employment – often associated with reductions in offending – losing work and getting better work are also open to influence from factors outside probation supervision. Hitherto, evaluations of probation work have largely ignored the role of these factors in encouraging or inhibiting desistance from offending. Whilst the discussion above has not investigated the magnitude to which social variables impacted upon the general outcome of probation supervision (this issue is discussed in more depth in Chapter 10), it has demonstrated that the outcome of the work aimed at tackling the obstacles identified by officers was influenced by the social and personal circumstances of the probationer. Another theme which emerged from the responses given by the officers was that ‘successful’ and ‘failed’ attempts to tackle obstacles were often the result of the probationer’s inability or reluctance to confront or resolve the obstacle as well as the influence of the probationer’s social and personal life. Probationers, by their own admission, failed to seek advice – or sought advice but then did not follow it – or attempted to tackle obstacles in ways other than as their officers had suggested. Of course, motivation, social and personal contexts and probation work do not exist independently of one another. Similarly, social and personal contexts are fluid – as some of the data presented in this 142 Probation work: content and context chapter have demonstrated. A probationer’s employment status may alter, his or her family relationships may change and so on. The next chapter explores the most frequent changes in probationers’ social and personal circumstances and the ways in which motivation, changing contexts and probation supervision interacted with one another. Notes 1 The probationer was already on a methadone reduction programme. 2 The probationer in question was in the process of separating from the mother of his children. 3 The probationer had been given better terms of access to her children, who were living in care. 4 Although the officer did not mention specific crises, it is clear from the interview that the probationer had problems with the following aspects of his life, any of which could readily have thrown up crises: unstable accommodation; unstable employment; financial problems; problems with access to his children; a tendency to drink large quantities of alcohol; and depression. 5 The probationer had faced charges, which were eventually withdrawn. The officer’s recall of the events surrounding the offence were hazy (due to the case being withdrawn), but it appears that the probationer and his partner were in a pub where he assaulted her after a dispute. The charges were withdrawn by the probationer’s partner shortly after the event took place. 6 The probationer had recounted how he had met one of the people involved in his friend’s death and come close to assaulting him. 7 Which he described as ‘how I feel when I get angry’. 8 Although the probationer had gained insights into his offending, being ‘known’ in the area frequently resulted in him having to resort to violence to protect himself and/or his friends. 9 On the role of his officer in this process he said: ‘she didn’t know [about him giving up cocaine] until I stopped.’ 10 The obstacle identified by the probationer was his ‘pride’. He is expanding on this point by saying: ‘If I say I’m going to do something, then I get it done. If someone kicks my fucking door through, and I say ‘‘I’m gonna get you’’, then I will.’ 11 In order for him to inject heroin without the child seeing him do so. 12 The probationer was in prison at the time of the second interview. 13 In the community. 14 It is unclear who the ‘they’ refers to – but at the time of the interview, it appeared to refer to judges or magistrates. 15 Amphetamines. 143 Probation, motivation andwith socialOffenders contexts Rethinking What Works 16 The probationer recounted this same tale during the second interview. He’d started the course previously (as part of this order) and not completed it then either. 17 Anthony was referring to the interviewer at this point. 144 Chapter 9 Motivation, changing contexts and probation supervision This chapter builds on the previous two chapters in two ways. The recent literature on the effectiveness of penal interventions has emphasised the need to take account of dynamic variables 1 (Andrews 1989; Jones 1996: 58). This chapter therefore investigates the most common changes experienced by probationers and the impact these had on their lives. It then moves on to consider the role of the officer in helping to foster these sorts of changes and, in so doing, ‘brings together’ the analyses of motivation, probation supervision and changes in personal and social circumstances. Change and development in social and personal contexts All officers and probationers seen during the follow-up phases were asked to describe the ‘biggest single change in the probationer’s life’ since the previous interview. The most common responses – those which accounted for more than 10 per cent of all changes – are reported in Table 9.1. Two of the most common changes reported related to employment and family formation. When individual case studies were examined, it was found that the reported changes of home were usually incidental to other changes. For example, many of the moves of home were in fact to addresses close to the probationer’s original address and were the result of changes in employment status or family formation. This is a fairly obvious finding – as people start work, set up or end relationships, they often move home. Changes in substance use were also often usually found to be the result of changes in employment and family formation. For these reasons, this chapter focuses primarily upon changes in employment and families. There are, however, other good reasons for focusing on employment and DOI: 10.4324/9781003143789-11 145 Probation, motivation andwith socialOffenders contexts Rethinking What Works Table 9.1: Probationers’ ‘biggest single’ life change since the previous interview Category Officers (n) (%) Probationers (n) (%) Change in employment 2 Change in family formation 3 Change in substance use 4 Change in home address No change/don’t know All other changes 41 44 34 43 76 103 (12) (13) (10) (13) (22) (30) 45 35 33 34 31 77 (18) (14) (13) (13) (12) (30) Total 341 (100) 255 (100) family. As well as being amongst the most common indicators of ‘adulthood’ (Hogan and Astone 1986; Graham and Bowling 1995), and hence of ‘maturity’ and ‘responsibility’, the acquisition of stable employment and family formation have been linked with desistance from offending in several previous studies (see Chapter 1). In terms of its impact on an individual’s life, paid employment has the potential to achieve all the following: a reduction in ‘unstructured’ time and an increase in ‘structured’ time; an income, which enables ‘home-leaving’ and the establishment of ‘significant’ relationships; a ‘legitimate’ identity; an increase in self-esteem; use of an individual’s energies; financial security; daily interaction with non-offenders; for men in particular, a reduction in the time spent in single-sex, peer-aged groups; the means by which an individual may meet his or her future partner; and ambition and goals, such as promotion at work. 6 The descriptions obtained from officers and probationers of the latter’s gaining work, getting more stable work or being promoted at work illustrate some of these processes. Employment brought a number of changes to probationers’ lives – one of the first of these was to reduce the amount of ‘unstructured’ time: [the probationer’s drinking] is moderated by the fact that he is working. I think that if he wasn’t working, he’d be drinking more [PO 194, a confident who desisted]. I’ve got a job. I’ve always got money. When you’ve got money you’ve got things you can do, so I can go out and that instead of going out, like, on the streets drinking, causing trouble [PR 067, a pessimist who desisted]. 146 Motivation, changing contexts and probation supervision I mean, obviously if I’m at work, I can’t smoke [heroin]. You know, I can’t go out for a drink every ten minutes or I can’t have a line of coke every hour you know. So really, it’s quite good because it’s controlling me . . . [PR 164, a pessimist who was classified as a continuing trivial offender]. In addition, some jobs physically removed people from the situations which had previously led them into trouble. One person, on probation for assaulting his partner, gained employment which took him away from their home during the week: Well, for one thing, he is not living [at home], and so the opportunities for discord between him and Nina is limited – ’cause he has been working away. It just takes him out of the environment doesn’t it? Working all across the country, his mind is preoccupied with other things and so relationship problems are not magnified. Maybe he is more able to be more objective about the relationship than if he was not at work and hanging about . . . [PO 098, a confident who desisted]. Indeed, one of the probationers who said that he had lost his job reported that he had become: ‘. . . bored. I take it out on my girlfriend – we’re in each other’s faces twenty-four hours a day. Makes me lazy. I’m in bed ‘til four o’clock most days’ [PR 022, a pessimist whose offending escalated]. Several respondents reported that employment encouraged the probationer to take a ‘more responsible’ attitude towards consuming drugs and alcohol: I’ve cut down a lot [on drinking]. I only get really drunk one night a week. Before I would have had a few cans whilst getting ready to go out, now I don’t [PR 014]. I’ve been promoted in my job. I have got more responsibility now, so obviously I can’t smoke [cannabis] during the week – which I was before. I have to concentrate because I work on the railways [PR 039, an optimist who was classified as a continuing trivial offender]. As well as reducing the ‘time available’ for ‘aimless hanging around’ which may lead to offending (especially amongst young men: Wallace 1986, 1987) and encouraging reductions in drug and alcohol usage, employment ‘keeps one occupied’: 147 Probation, motivation andwith socialOffenders contexts Rethinking What Works Because I have work, I have got things to do. Because, before, when I committed crimes, I didn’t have a job and I was just going around just to make money and that and I had time on my hands so I was drinking all the time. Now I have got a job and that I am working all the time and I haven’t got time to drink [PR 067, a pessimist who desisted]. Long hours, which served to tire the probationers, appeared to be something of a recurring feature: ‘I’m working a lot – I enjoy it’ said case 014, whose officer added: ‘he works long hours – ’til seven or eight at night.’ Long hours spent at work, in many cases, served to reduce the probationer’s desire to do much but relax after work: ‘If I am not too tired I jump in the shower, get dressed and go and see [my daughter]. If I come home knackered, I have a shower and relax, I don’t go anywhere!’ [PR 036, a pessimist who desisted]. Fieldnotes made after interviewing another probationer supported the idea that work not only occupied the probationer’s time, but also left some with little energy to do much else: He was very tired. He said that he had to get up at six in the morning to get to work and it was twenty to eight in the evening before he got home, where the interview took place. It must be said that he did look pretty tired [PR 067]. For Jamie, a pessimist who desisted, it appeared his employment had imposed a gruelling routine upon his life: by the time I get home, it is six or seven o’clock in the evening, I go out, back in by eleven o’clock, then [get up for] work again. And weekends – means you can’t do nothing [PR 115]. I visited him twice at his home. Always five p.m.-ish. I would wait for him to come in and yeah, he wouldn’t have the energy. He’d just sort of [officer mimics a slouch]. Three hundred and fifty pounds was good money, but he worked for it [PO 115]. Both the officers interviewed about this probationer reported that his self-esteem had been increased as a result of his gaining employment: the conversations we had at supervision were very positive, much more vibrant . . . much more definite tones in his voice about what his life was about and how he was going to do this and that . . . 148 Motivation, changing contexts and probation supervision When he had the job he was much more positive. Plans for holidays, plans for this . . . things I’d never heard him talking about [PO 115, second interview]. He seemed to be really motivated about these jobs . . . He had an identity with the job, he apparently enjoyed the job, he was working very late, getting rid of his energy that way. It appeared to me that the employment was where he got his identity and got a role for himself [PO 115, third interview]. Employment not only changes an individual’s image of him or herself but it also changes others’ opinions of that individual. One officer reported how, by starting work, his probationer’s family no longer saw him as ‘a druggie’: because he is now working and providing for the household, all his pressures [with his family] have gone down. He was on the verge of actually being thrown out, and [made] homeless, by them. And that has receded ‘cause he is becoming – from their point of view – a productive and constructive member of the family, and therefore working with them instead of against them. Which is often the perception of families with drug addicts – ’no matter what they do, they still end up on drugs’ [PO 150, an optimist who desisted]. As some probationers remained in work, and started to perceive their employment as something from which they derived benefits, they came to realise that staying in work could be jeopardised by further convictions: what was coming through [in supervision] was that he was thinking about drinking, thinking about not putting himself into vulnerable situations because his job is heavily dependent upon him driving. He is delivering books all over the South West [of England], so he can’t lose his licence. So he has been thinking ‘I will not make myself vulnerable, I will get a cab home or I will think how I will get home now’ [PO 034, a confident who desisted]. the only time I got behind the wheel of a car was to start my dad’s car up in the driveway ‘cause he was under the bonnet, and that was it, and I got straight out of it when I started it up . . . I wouldn’t do it. ‘Cause I know that if I got caught I’m going to lose my job [PR 194, a confident who desisted]. 149 Probation, motivation andwith socialOffenders contexts Rethinking What Works Work also introduced probationers to people they would never otherwise have met – as one [014] said, ‘you get to meet people, see different perspectives on things’. Similarly, one of the officers [066] explained why he felt employment was associated with reductions in offending: ‘when people work they tend not to go out so much, they tend to be a bit more focused. A bit more able to relate to . . . a bit more of the world and society’. The following case study illustrates further the role of employment. Sandra [063], a confident who was classified as a continuing trivial offender, was 23 years old when she started her probation order, imposed after she had been found guilty of theft from her employer. ‘I was working as a waitress in a cocktail bar,’ she said, when she started drinking heavily. She stole around £2,500 from the till in order to buy drinks, and was consuming several cans of lager and a bottle of spirits a day around the time of the offence. Sandra said that she liked neither her work nor her home life. Until shortly before the offence, Sandra had been living with her parents, but had left home and was staying with friends whilst looking for more settled accommodation. She said that at this time she had been feeling down and confused over ‘where she was going in life’. At the second interview, Sandra had found employment. Following a self-initiated referral to a local alcohol counselling service which also ran an employment and re-skilling course, she had applied for work in the accounts department of a large firm. This was a daunting prospect for someone who had little prior work experience, and none at all in the previous six months: ‘[Work is] okay. It’s getting better – the longer I spend there, it’s getting better. The first week I was there I was thinking ‘‘urrrrggggghhh – what am I doing here?’’ I was ready to [quit], but I stuck at it and it is going good.’ Sandra’s officer recounted how nervous Sandra had been about applying for the position, and described her own efforts to reassure Sandra: I think she thought that nobody would want to employ her again because the offence was actually for dishonesty – which was against her employer. So in fact it was a breach of trust, in employment . . . so that did present some difficulties when she went for this job. But in the end they decided to give her the job because they got a fairly favourable report from the employment and re-skilling project that she was attending. I tried to explain that that was one department [internal security] that was putting up the stumbling block [regarding her previous conviction]. And yes, she was a bit down sometimes about it, but 150 Motivation, changing contexts and probation supervision she tried to remain positive, ‘cause she went for the interview, and I said ‘well, at least you passed the interview stage, and if it comes that you don’t get the job . . .’ I tried to be positive – I said ‘well, you know that it is not because you are not capable of going through the interview process. You’ve done the application, you’ve done the interview . . .’ I said ‘you know you are capable of doing it’. So I said, ‘if you don’t get it, don’t let that stop you’. So I think she started to feel a little bit better about it. I said ‘there will be another firm that maybe won’t have somebody that is so pedantic. Yes, they will need to know [about the conviction], they’ll be aware of it and can work with that, but . . .’ I think it was the first job she applied for. Sandra described her reaction to finishing her first week in her new job: The very first Friday I worked it was ‘yeeerrrse! Down the pub, down the pub!’ I got absolutely rat-arsed, and felt so really ashamed of myself on the Saturday. I thought, ‘okay – that is allowed, that is your first Friday, first full week at work. Okay, it is not going to happen next week’. And it didn’t and it’s been cool. I’m going away on holiday on Thursday. Oh, where to? Tunisia. When I first started work, one of the things that worried me was having money again would just be a ticket to going down the pub every night. But it hasn’t been. I want to learn to drive, I want to get out of home, I want these things. So I am just going to have to save up and do it like everybody else. Sandra’s officer described the changes in Sandra which she had identified since she had started working again: I think it has done her the world of good. The first time she came in she had really made an effort – she had done her hair up, dressed a lot smarter, her whole attitude and . . . what’s the word I am looking for? When she comes in she doesn’t look so down about things . . . she’s really happy. She is really pleased about it. Sandra’s employers also appeared to be pleased with her efforts at work, and shortly before she was interviewed for the second time had given her a positive appraisal: Last week, they told me that they are happy with my work – which has given me a boost. Up ‘til then I was just getting along 151 Probation, motivation andwith socialOffenders contexts Rethinking What Works with it and I didn’t know if they were happy with what I was doing. So that was good – they reassured me. ‘We’re really happy with you – keep it up’. Sandra admitted that she had continued to smoke cannabis throughout the course of her order, but said that her usage was ‘nothing serious’. At the third interview she said that she ‘felt like a normal person’ and was still enjoying work. When asked to describe her plans for the next six months she said she had enjoyed Tunisia and was ‘going to South America in the summer’. When asked about longer-term plans she said ‘to stay employed, progress in employment as far as I can and start driving lessons’. Clearly, gaining employment will not guarantee that an individual will cease to offend (and, indeed, several studies have demonstrated that work can increase the opportunities for offending, e.g. Ditton 1977; Henry 1978). But evidence suggests that gaining work serves to reduce offending (e.g. Farrington et al. 1986; Horney et al. 1995). The reason for this is not simply because people commit crime because they are out of work, and employment takes away the need to offend. For many, employment structures their daily lives in such away as to reduce some of the opportunities for offending. Additionally, it gives people a sense of ‘identity’ and ‘a role in society’. Commitment to work, that is to say, believing that one’s job is beneficial in some way, serves in time to reinforce reductions in offending. Because most jobs demand physical presence at set times, and repeated transgressions of this may lead to disciplinary action being taken, commitment ‘shapes’ people’s routines, often leaving them little opportunity to offend. Changes in family formations also produced dramatic changes in probationers’ lives. Several probationers had, either as a result of their engagement in offending, or for other reasons, ‘fallen out’ with their parents and had left home or were living independently and had little or no contact with their parents. Becoming reconciled with parents and a return to the parental home, often described as a ‘temporary arrangement’, provided one context in which families acted to support probationers during either moments of crisis or prolonged attempts to desist from crime. One officer recounted how the probationer he was supervising (153, a confident who desisted) had eventually started living with his mother again after over ten years of living independently. Some of the circumstances surrounding the probationer concerned have already been referred to in Chapter 8. He had almost died as a result of injecting into an artery in his groin and had had to spend several weeks 152 Motivation, changing contexts and probation supervision in hospital. Whilst he was in hospital, his officer spoke to his mother. Initially she had been reluctant to allow her son to come home to live with her, but consented when she realised that he would be homeless otherwise. Realising how close he had come to dying, the probationer resolved to stop using heroin and accepted his mother’s offer of ‘a bed’. When he was interviewed for the third time he was still living with his mother and reported that he had stopped offending as he had given up heroin. Sandra [063], whose case was discussed above in relation to her employment, also moved home. Although she had not got on well with her parents for some years, and had not told them of her conviction, for fear of incurring their disapproval, her relationship with her parents had improved after an uncle had been diagnosed with cancer. When her own accommodation plans fell through, Sandra turned to her parents: I wasn’t going to move back home – I had a flat lined up, I was going to move in with somebody. It was somebody from the alcohol sessions. He’d been dry for a long time. And we got on really well. He lived 15 minutes away from where I worked, so it was all dandy – it was going to be cheap, it was all perfect. I was meant to move in there on the Saturday, and I rang him up and he was drunk. So, that was it. I couldn’t afford to put myself in that situation. He was older than me – he’d gone through an awful lot more. He was further along in the alcohol line than I was – much further along. I couldn’t put myself in that situation. So my only option was to go home. At first it was . . . like going backwards, but then, after speaking to a few people, I realised it is not going backwards, it is going sidewards. It is just putting things on hold for a little while and doing things more sensibly. As well as providing a ‘refuge’ in times of emergency, some families also appeared to offer practical assistance that could help probationers avoid further offending. For example, case 103 (a confident who desisted) reported how his wife drove their family around after his conviction for drink-driving. However, the most striking examples of intervention by families again concerned their attempts to assist probationers, usually their sons and daughters, in their attempts to give up drugs and/or alcohol. In one case this consisted of driving the probationer around in an attempt to find a drug rehabilitation clinic of her liking (092, a confident who was classified as a continuing trivial offender). In other cases far more urgent action was required. Two 153 Probation, motivation andwith socialOffenders contexts Rethinking What Works cases in particular (052, and 105, 7 both females in their mid-20s and both with family living abroad) provide examples of this sort of help. On learning that their daughters had developed heroin habits, both sets of families returned to the UK and rallied to support the women in question. In both cases this entailed finding the money to fund lengthy stays in drug rehabilitation clinics. However, not all families were as supportive – exclusion from parental homes resulting in increased risks of returns to drug usage were not unheard of (e.g. cases 086 and 172, Chapter 8). Until this point, most of the discussion has focused upon the probationers’ families of origin – that is, the families of which the probationers were the off-spring. Some of these families had been able to offer practical help, funding for rehabilitation programmes and temporary accommodation to ‘wayward’ sons and daughters. Similarly, families of formation – that is, those families which the probationer had formed via marriage, partnership and child-rearing – also offered the motivation to avoid further trouble. Karla (134, an optimist who desisted) already had two children in social services care by the time her third child was born. Although she said she had given up heroin at the very start of her order, the child was born methadone dependent. Karla’s officer reported that: there was an overall improvement in her self-esteem. Also the baby has increased her motivation, she’s got a serious reason to avoid the risk of custody. Previously, she lost the care of her other two children and she does not want this to happen again. She has been very co-operative with the social services, who have told her she’ll be able to get the baby back once she has her own accommodation and has remained drugs free. Karla responded to this advice and established a close relationship with the baby – visiting him every day whilst he was in the hospital. Her officer described the baby as ‘her main motivation to stop using drugs’. By the time of the third interview, Karla had found settled accommodation and had care of her baby and was seeing more of her children in care. Her officer said that she ‘didn’t want to lose what she’s got now’. Although Karla could not be traced at the time of the third interview, 8 her accounts during the previous interviews support this general picture. Her motivation to stop offending (in effect, get off heroin) appeared to be high, and she reported that she did most of the work in achieving this by herself, saying ‘I didn’t get anything from probation, not even from the women’s group’. Her officer supported 154 Motivation, changing contexts and probation supervision her assessment: ‘no matter what we do, it’s mainly down to her. She’s been highly motivated and she’s made a lot of effort [to get off drugs]’. Clive (076, a pessimist who desisted) had had a drink problem for a very long time. He was in his 30s when he started probation, and his officer said that he had had a drink problem for over 20 years. When first interviewed he was still drinking ‘heavily’, but by the time of the second interview, Clive’s partner was pregnant: ‘This is my fourth child, but it is like I get a second chance with the relationship. I can’t ‘‘destroy’’ it this time. It gives me determination to make it work.’ His officer said that expecting another child had made Clive determined to tackle his alcohol problem and had helped him to stay out of trouble. Clive had contacted a local alcohol support group and was spending more time at home with his partner. By the time of the third interview the baby had been born, and Clive was spending even more time at home: I spend more time at home now. I have more things to do with myself. It also keeps me out of trouble. It’s my own choice – I don’t want this life for my baby, I still haven’t given up drinking, I don’t think I ever will, but things are not so bad now. I’ve tried to stay out of trouble, in order to prove to the social services that we can look after the baby. I only drink a couple of times a week now, and it’s only outside the house. As well as providing something which could be jeopardised if plans to desist are not kept to, families also provided a means of ‘enforcing’ such plans: [My partner] wouldn’t let me re-offend anyway. Like, if I say ‘look, I’m going to go with my mates today . . .’, like if I told her about a certain person like, and she knows I am going round there, like, basically she won’t let me go round there . . . She doesn’t like to see me getting into trouble in any way [PR 036, a pessimist who desisted]. Another young male probationer (039, an optimist who was classified as a continuing trivial offender) said that seeing his girlfriend during the week (instead of his friends) limited his consumption of cannabis to the weekends. In addition, his girlfriend did not approve of his drug use and this also stopped him from using during the time he spent with her. 155 Probation, motivation andwith socialOffenders contexts Rethinking What Works Having a girlfriend and, consequently, spending less time with friends also ‘interrupted’ legitimate pursuits which could place the individual at risk of offending. For example, one probationer (194, a confident who desisted) reported how he now spent less time with his mates drinking in pubs as a result of seeing his girlfriend (see also Warr 1998). Even when probationers did go to pubs, they were now often accompanied by their partners, which could also alter their behaviour. Anthony (see Chapter 8) reported during his third interview: I’m a lot happier now that I’ve got Cleo. I don’t go out with attitude no more. When I was single and that, I used to go out with attitude and that. It was all about getting a name for yourself and all stuff like that. Which I already have, but it’s all image when you’re on your own. But when you are with someone you don’t give a fuck about anything. You just think ‘ahhh. Fuck it. I’m with her and that’s it’, it’s as simple as that. So you can relax more. You can take little digs at you a lot easier. Like before you’d bite on them – you’d say ‘what was that you fucking said?’, but now you just think ‘yeah, yeah, go away you prick’, you know what I mean. You just brush it off easier now [094, a pessimist who desisted]. Families as ‘something which could be lost’ and as ‘supportive’ were two topics which recurred during the discussion of the ways in which families served to assist people in desisting. The following case study of Dominic (227, an optimist who desisted), who was in his mid-20s when he was given a six-month probation order for possession of heroin, illustrates both these themes. Dominic had been an addict for about two years and was spending about £80 a day on heroin. He had managed to keep his addiction secret from his wife and their children (all of whom he lived with) and his wider family. Following his arrest, however, he was no longer able to conceal his heroin use, and his wife refused to let him stay in their house. His parents had initially ‘disowned’ him too and Dominic was living with friends: ‘They sort of disowned me when they found out about my drug habit. But now they are supporting me, hoping to get me off heroin.’ Dominic’s officer appears to have played some part in encouraging him to foster links with his family: ‘I encouraged him to be open with his family and through this to ensure their support.’ By the time of the first sweep of interviewing, Dominic’s expenditure on heroin was down to £20 a day. At the time of the second interview his officer said that Dominic had ‘made a big effort at getting off heroin’. From his own descriptions of his life at that time, Dominic had 156 Motivation, changing contexts and probation supervision indeed successfully tried to cut down on his heroin use and was now ‘clean’. The motivation for this appeared to have been his desire to return to his family. Dominic himself said that he was ‘off drugs’ and had moved back with his wife and children. His parents, however, were still suspicious of him: ‘If I look pale one day, they think I’m back on drugs again. I don’t talk to them. After they found out about my habit, they started to accuse me of stealing things, like they thought it was me who stole their neighbour’s bike’. At the third interview Dominic was still living with his wife and children and they were considering a move away from the area in which they had been living, in order to make it easier for Dominic to avoid other drug users and dealers in that area. Dominic, however, had largely managed to avoid these people anyway. By this time also his parents had started more readily to accept that Dominic had stopped using heroin. They had even gone as far as to pay off the money (around £1,000) which he owed to various dealers and were ‘coming round for hours and being really nice’ to him. Dominic said that he felt ‘quite shocked’ at this turnaround in their attitude, which he likened to being ‘given another chance’. Employment and familial arrangements are two of the key determinants of an individual’s lifestyle. For those lucky enough to have it, employment, as well as providing a wage, provides a structure to one’s days and weeks. Similarly, familial arrangements organise a daily routine. As well as representing something which could be jeopardised by further conviction, families help to structure time and activities. Lifestyles and, in particular, the ways in which these are organised by family and employment, are the focus of this section. ‘Lifestyle’ (following Blaxter 1990) is interpreted as being not just the voluntary aspects of an individual’s life, but also those aspects of their life which are, in some way, prescribed for them, or at the very least aspects over which they have limited choice. The extent to which their lifestyles were not simply a matter of choice for probationers was made several times during interviews with officers: I’d say [being unemployed] is a problem for anyone who has been unemployed for a long time and has no recent job reference or job experience, and somebody who is in and out of prison doesn’t have any qualifications or any saleable skills . . . [017, an optimist whose offending escalated]. It’s very understandable why people in her situation drift into these problems [claiming benefit whilst working] because they’ve 157 Probation, motivation andwith socialOffenders contexts Rethinking What Works no skills, they actually can only get very, very low-skilled employment, unskilled employment . . . I think the employers make use of this by employing them erratically as and when it suits and then laying them off for days unexpectedly. I’ve noticed several probationers have had this very erratic employment pattern [and] because the employers will only take them on for a time, [they] end up claiming benefits, letting the benefit continue because they really don’t know whether or not they are going to be given a day’s work here there and whenever [079, a confident who desisted]. When he came out [of prison], he had nowhere to live, a girlfriend who was pregnant, he was on drugs, so bottom of the list was learning to read and write [070, a confident whose offending escalated]. Lack of employment, family support and, in general, a lack of ‘structure’ which organised the lives of probationers were frequently referred to as often leading to ‘trouble’, whilst the acquisition of such a ‘structure’ was associated with a reduction in the likelihood of being involved in trouble: I think . . . not having a constructive use of her time – it is not a job per se, if she was in college, if she had something where she had to get up and spend time with non-offenders, I think that that would be really positive. I think the fact that she has an awful lot of time on her hands and no money certainly increases the risk of offending [PO 054, a confident whose offending escalated]. A lot of his depression was an unstructured lifestyle. And not having any real work. In actual fact, he did work in the past, but he lost that work for bad time keeping. Either he had got himself so chaotic, that getting into a routine was difficult for him so he lost it, but somehow this new [job], he has been more capable of getting it together [PO 150, an optimist who desisted]. I know what I am doing. I got everything in perspective . . . I got everything productive. I can sit down and say ‘yeah – this is happening, this is happening . . .’ Before, it was one of those days where you take it as it comes. The first person who comes to your house, that is the person you are going to be for the rest of the day [PR 212, a confident who was classified as a continuing trivial offender]. 158 Motivation, changing contexts and probation supervision Changes in lifestyles, particularly when associated with gaining employment, promotion at work or family were often observed to lead to increases in ‘responsibilities’. Looking after younger siblings, ensuring that one’s work is satisfactory, providing for one’s family and an increased understanding of the consequences of further convictions were all amongst the factors which were cited as examples of increasing ‘responsibility’: I’m twenty-seven. I can’t be doing with that going to court all the time. I got a little boy, I need to be around for my little boy. The misses and that . . . just . . . settled. Like if I was single and that, it wouldn’t bother me in the slightest, not in the slightest, I could hack going to prison, it wouldn’t bother me at all. But it is not me who it affects now, well it is, but it goes deeper than that. It would affect the little ’un and that. It has got more implications now. The most of the trouble that I have ever got in, has been when I have been on me own and that and I have had no one to like . . . It didn’t matter whether I was locked up or not – it’s not going to really affect anyone. But now it would [PR 098, a confident who desisted]. I am more grown up for a start. More responsible, with regards to the children and my wife. You’re married now? Yeah. I’ve been married – I’ve forgotten already – it was only [seven months previously]. But I’ve got kids from another relationship. I’ve got one living with me now – the boy – I’ve got custody of him. But . . . Yeah, the responsibilities. It is just basically everything in life. What goes on in my life – job, family, my home, it is all more important. And I can understand why it is more important [PR 032, a confident who desisted]. I am working now and I got this course, so work can help me save money, plus I help pay for the bills . . . It helps my brothers get to school and all that. I help my mum with the money . . . I give my mum – I get £110 or £120 a week, depending on what hours I do – so I give my mum £40 a week. So it is less for her to pay. Did you say you chipped in for the electricity too? Yeah. And the phone. It’s just so that it is less for her to pay [PR 212, a confident who was classified as a continuing trivial offender]. These quotations (taken along with some of those reported above – see, for example, case 039 on the ‘responsibilities’ of working on the railways) illustrate how responsibilities were not merely situated within 159 Probation, motivation andwith socialOffenders contexts Rethinking What Works a wider social context, but were invoked by that context. No one can take responsibility for children or employment he or she does not have. Responsibilities were also understood in terms of ‘appropriate’ behaviour given the role in society which that individual occupied: for example, being a ‘father’ meant not going to prison; similarly, being a ‘worker’ meant paying for household bills. The social context surrounding individual’s lifestyles and changes in that social context (either ‘real’ or ‘perceptual’) were often the starting points for the adoption of responsibilities. The adoption of a ‘stable lifestyle’ (which appeared to entail regular employment with the same employer, living at the same address, often with a partner and/or children) was often cited by officers as being a key factor in the ability of probationers to ‘avoid trouble’ (i.e. avoid offending) or moving towards a position where an individual was more able to avoid trouble: Well I think that all of [the probationer’s social circumstances] can have an impact. Take the housing. I have always felt that that was a fundamental . . . having him in some stable housing that he could cope with, where he wasn’t feeling that he was still under the threat of being a victim, which at one [address] he was . . . Employment will have a knock-on effect, actually being in work and with a decent income. I believe that being integrated within the community and therefore the quality of contact with his family, and giving him more stability in that respect may well also be a fundamentally positive factor for him as well [PO 232, a confident who desisted]. The roles of motivation and supervision The analyses reported thus far have focused upon changes in the lives of the probationers and very little has been said directly about the roles of motivation and probation supervision in these processes of change. This section of the chapter brings together motivation, probation supervision and changes in social and personal contexts. As noted in Chapter 5, the role of probation supervision in tackling obstacles to desistance appears to have been slight. However, as the case studies in this chapter have demonstrated, improvements in employment and family relationships were associated with positive life changes. In order to assess the extent to which officers were able to assist probationers in fostering changes in their employment and 160 Motivation, changing contexts and probation supervision family circumstances, data relating to those officers who had identified such obstacles were re-examined. 9 Data were coded to record whether the problematic aspects of the probationer’s family and employment circumstances had been overcome by the end of the order. For an obstacle to have been overcome, families had to have been reunited, for example, or a previously unemployed probationer found work. Reports of having overcome employment and family obstacles were associated with desistance (p!.021), confirming the earlier qualitative analyses which suggested that improvements in employment and family circumstances were associated with positive life changes, in this case desistance. Table 9.2a reports whether employment and family-related obstacles had been overcome during the course of the order, who the main instigator in overcoming the obstacle was, and the amount of help that officers said they had given the probationer in tackling the obstacle concerned. It can be seen that whilst most of these obstacles (57 per cent) were overcome during the course of the orders, this was, according to the officers themselves, due mainly to the efforts of the probationers, rather than their own efforts (see the emboldened row in Table 9.2a). Table 9.2: Resolving employment and family obstacles: main instigator of solution and amount of help given by officer Not overcome (n) (%) Overcome (n) (%) Unclear (n) (%) (n) All (%) a Main instigator of solution Officer Probationer Both Neither Unclear Total no. of obstacles 7 3 3 10 4 27 (78) (7) (23) (91) (20) (28) 2 41 9 1 3 56 (22) (91) (69) (9) (15) (57) 0 1 1 0 13 15 (—) (2) (8) (—) (65) (15) 9 45 13 11 20 98 (12) (60) (13) (15) (15) (100) b Amount of help Little/none Some/a lot Unclear Total no. of obstacles 16 4 7 27 (36) (15) (26) (28) 26 21 9 56 (58) (72) (33) (57) 3 1 11 15 (7) (4) (41) (15) 45 26 27 98 (46) (27) (28) (100) Note: All percentages are row percentages, except for those in the rightmost column, which are column percentages. 161 Probation, motivation andwith socialOffenders contexts Rethinking What Works In the nine cases where the officer alone was the main instigator of the attempts to resolve employment and family-related obstacles, only two attempts were successful. However, 41 of the 45 instances where the probationer was the main instigator resulted in the obstacle being solved. This is not to suggest that the impact of probation supervision is ‘nought’ but, rather, that it is extremely limited, a point reinforced by Table 9.2b. When officers said that they had done nothing or little, 58 per cent of these obstacles were overcome anyway (see the emboldened text in Table 9.2b). However, when they were able to assist the probationer, there was evidence that their help was associated with higher levels of overcoming obstacles (72 per cent). In other words, the work of the probation officer supplemented the probationer’s work. This begs a further question: what was the attitude – i.e. the motivation – of the probationers who instigated the attempts to resolve these obstacles? Table 9.3 suggests that it was those who had been confident or pessimistic at the beginning of their order. Half of both the confident and the pessimistic took the lead in solving the obstacle themselves, compared to a quarter of the optimistic. However the cell sizes for the pessimists and optimists are probably too small for meaningful conclusions to be drawn from them; hence they are collapsed together (on the grounds that in both categories their officers had had doubts about their chances of desisting). When one compares the confident and the pessimists/optimists (the emboldened text in Table 9.3), a small difference in the extent to which probationers took the lead in solving the obstacle at hand emerges. Thirty-eight per cent of the pessimists/optimists took the lead, compared with 54 per cent of the confident, although this difference was not statistically significant. It must be remembered, however, that the probationer’s motivation was not the only factor in resolving obstacles (see Chapter 8) and that around 40 per cent of those classified as pessimists at the outset of their orders were classified as confidents by the end of it (Chapter 7) – in other words, a sizeable proportion of those classified as pessimists in Table 9.3 may have been closer to being confidents. In addition, in a third of the cases it was unclear who had taken the lead in solving the obstacle and the data do not include the probationers’ perspective (see footnote 9). Therefore, whilst in no way conclusive, the data were indicative of a variation by motivation and as such warrant further investigation. The qualitative data presented in the earlier sections of this chapter suggested that positive life changes were associated with changes in employment and family relationships. As probationers gained work, were reunited with family members or developed attachments to new 162 3 5 1 6 9 Confident Optimists Pessimists Pessimists and optimists Total no. of obstacles (9) (6) (19) (5) (13) Officer (n) (%) 45 27 7 11 18 (46) (54) (26) (52) (38) Probationer (n) (%) Table 9.3: Main actor in overcoming obstacles by motivation 13 6 5 2 7 (13) (12) (19) (10) (18) Main actor Both (n) (%) 31 14 10 7 17 (32) (28) (38) (33) (35) Neither/unclear (n) (%) 98 50 27 21 48 (n) (51) (28) (21) (49) (%) (100) Total Motivation, changing contexts and probation supervision 163 Probation, motivation andwith socialOffenders contexts Rethinking What Works partners or children, so they refrained from behaviours likely to result in offending – drug use, excessive drinking, ‘aimless hanging around’ or general aggressiveness. The quantitative data have suggested that those probationers who took the lead in addressing the employment and family-related obstacles they faced (itself indicative of possessing the motivation to confront and resolve problems) were also those most likely to have solved such obstacles by the time the order had been completed (Table 9.2a). These analyses, taken together, suggest that the outcome of probation supervision is the result of a series of interactions between motivation, probation supervision and social and personal contexts. Gaining employment would, from the descriptions of officers and probationers, appear to have brought about dramatic changes in the lives of the probationers. Similarly, families of formation appear to have acted as a motivating influence on probationers’ desires to desist, whilst families of origin appear to have offered an avenue of support in achieving this change. When the role of probation supervision in helping probationers to achieve these changes was considered, the themes established in Chapters 7 and 8 re-emerged. That is, that whilst officers would appear to have identified appropriate obstacles and taken appropriate steps to tackle these obstacles, and whilst most of the obstacles identified were indeed resolved by the end of the order, this appears more often to have been the result of the probationers’ own actions and their own circumstances rather than as a result of the actions of the officer (see also Crow 1996: 60). As such it is possible to develop further the model of desistance outlined in Figures 7.1 and 7.2 (Chapter 7). Figures 9.1 and 9.2 introduce to the model summarised in Figures 7.1 and 7.2 the issue of social and personal contexts. 10 The introduction of social and personal contexts, especially the extent to which these circumstances remained stable or either improved or worsened, has the unfortunate effect of reducing cell sizes. However, by including change in social circumstances, one is able more readily to grasp the extent to which some probationers started in a more advantageous position and the extent to which improvements in social circumstances were related to both the presence of obstacles and the resolution of obstacles. Consider, for example (in Figure 9.1) the confident who faced no obstacles: of those who were living in good contexts at the start, 79 per cent were still living in good social circumstances at the follow-up. Of the confidents who did face obstacles, more were living in poor rather than good social circumstances (61/39 per cent). Living in social 164 N (%). gures are fi ll A . s port oners’ re : probati ts x te n o c d social tacles an oabnsd , n o ti a Figure 9.1 MotivatioM n,oo b s t acl e s s o ci al co ntexts: probationers’ reports. All figures are N (%). v ti Figure 9.1 n supervisio probation d n a ts x g conte n, changin Motivatio Motivation, changing contexts and probation supervision 165 165 166 165 Figure 9.2 Motivation, obstacles and social contexts: officers’ reports. All figures are N (%). Figure 9.1 Motivation, obstacles and social contexts: probationers’ reports. All figures are N (%). Probation, motivation and socialOffenders contexts Rethinking What Works with Motivation, changing contexts and probation supervision Motivation, changing contexts and probation supervision circumstances which were initially good, but which deteriorated was, irrespective of motivation, more frequently associated with failing to resolve obstacles than with resolving obstacles. For example, of the four confident probationers who faced an obstacle and who were initially living in good social circumstances which worsened, only one resolved the obstacles which he faced. Similarly, of those confidents who faced an obstacle and never lived in good circumstances, 58 per cent did not overcome the obstacles they faced. However, of the ten confidents who faced an obstacle and were initially in poorer circumstances but which improved, eight overcame the obstacles they faced. These figures confirm the analyses reported earlier, namely, that motivation and contexts were important in understanding obstacle resolution rates, and that these co-varied. For example, 57 per cent (n!63) of confidents reported that they were living in good contexts at the start of their orders; rates for optimists and pessimists were lower, respectively: 50 and 44 per cent (n!23 and n!19). But which is more important to resolving obstacles – contexts (and changes in contexts) or individual motivation? The answer is that it is virtually impossible to disentangle the two from each other. The probationers who appeared most motivated to desist – the confident – started in a more favourable position, with, for example, shorter criminal careers and generally fewer problem social circumstances (see Tables 7.3 and 7.4 in Chapter 7). Those who were motivated to address the obstacles and seemed capable of doing so appeared to receive help from their partners and families, which in turn appeared to sustain the probationer’s motivation to desist and belief that he or she were able to do so. For example, Dominic after initially being rejected by his family, proved he was able to cut down on his heroin use and was eventually ‘given another chance’ by them. Similarly, another case [065], who was recognised as having more potential than many of his fellow employees, reported increases in his self-esteem and feelings of ‘self-worth’ after his promotion to a management position. In turn this appeared to have helped him in his relationship with his partner. Other examples of what is essentially a feedback loop between good social and personal contexts and motivation to avoid further trouble were not hard to find: reports of probationer’s families supporting them after they found work or probationers becoming more motivated as a result of working or of praise at work litter the accounts referred to above. In short ‘nothing breeds success like success’. An example of the reverse of this – a confident probationer who failed to find employment, did not receive the encouragement of her family and who did not desist – will be presented in chapter 10 (Tracy, 054). 167 Probation, motivation andwith socialOffenders contexts Rethinking What Works This chapter brings to a close the investigation of the roles of motivation, probation supervision and contexts in helping probationers tackle some of the features of their lives which were felt to be possible sources of further offending. Chapter 5 outlined the obstacles faced by the probationers as they commenced their supervision. Chapter 6 explored the outcomes of the efforts of probationers and officers to tackle these obstacles – finding little evidence of probation interventions ‘working’. Chapter 7 considered the motivation of the probationers concerned, and found that whilst motivation did not appear to influence the extent to which officers and probationers ‘worked together’ to solve obstacles, the rates with which probationers were reported to face obstacles and were felt to have resolved these were related to motivation. Chapter 8 explored the contexts in which these efforts were located and found evidence to suggest that social and personal contexts played crucial roles in mediating the outcomes of probation supervision. This chapter has explored changes in these contexts, in particular employment, familial relationships and lifestyles. The data have suggested that changes in employment and family relationships can radically alter individual lifestyles and offending trajectories. Additionally, the quantitative data (Table 9.2b) have suggested an important finding for probation supervision: When officers reported that they had given the probationer ‘some’ or ‘a lot’ of help in tackling employment and family-related obstacles, the obstacles were more frequently solved (Table 9.2b, emboldened cells), suggesting that help with these obstacles reaped benefits. This is encouraging news for probation services. Whilst motivation and social and personal contexts appear to be the dominant forces in determining whether the obstacles facing probationers are successfully resolved, there was evidence that the work of probation officers could improve the chances of success. Notes 1 For example, whether a probationer has had a previous custodial sentence is not a dynamic variable as there are no circumstances under which this can be altered. However, employment or marital status is a dynamic variable, as these aspects of the probationer’s life can change. 168 Motivation, changing contexts and probation supervision 3 Includes starting work; starting a ‘better’ job; getting more stable work; losing work; joining the armed services; and starting full-time education or training. The majority of responses were, however, ‘started work’ (25 of the 41 officer responses and 25 of the 45 probationer responses). 3 Includes started seeing a (new) partner; stopped seeing the old partner; got back with an ex-partner; getting on better/worse with family; probationer/ probationer’s partner had/expecting a child; and got better access to child(ren). The single most common was ‘probationer/probationer’s partner had/expecting a child’ (17 of the 44 officer responses and 16 of the 35 probationer responses). 4 Includes gave up alcohol; gave up drugs; cut down on alcohol; cut down on drugs; used drugs more; started to use hard drugs; and started to drink. The single most common change was giving up drugs (13 of the 34 officer responses and 17 of the 33 probationer responses). 5 This included a ‘hotchpotch’ of changes, including deaths of close relatives, learning to drive, having more money to spend and so on. 6 Full-time education or voluntary work may also provide many of these features. 7 052 was classified as a confident who had continued offending, and 105 a confident whose offending escalated but had ceased by the time of her order. 8 Karla would appear to have deliberately ‘covered her tracks’ in order to ‘start again’. 9 There were 82 officers who reported that the probationer they were supervising faced either an employment or a family-related obstacle (or both), making in all 98 such obstacles. When probationers were considered, it was found that there were only 14 who identified family and/or employment obstacles. Between them they identified 16 such obstacles. Although data collected from the probationers were examined, it was hard to draw any definitive conclusions from them. 10 These measures were summations of the social and personal circumstances which probationers reported were ‘problems’. Those with three or more problematic circumstances were classified as not having good contexts. 169 Part 3 Persistence and desistance Chapter 10 Desistance, change and probation supervision This chapter focuses explicitly on desistance from offending and, in particular, deals with a discussion of the role that probation supervision may have played in helping some probationers to desist. The largest group of probationers were those who, on the basis of their self-reports throughout their orders, were classified as ‘showing signs of desisting’ or who were reported not to have offended at all whilst on probation. Of all 199 probationers interviewed, 46 per cent fell into these categories. From the officers’ reports, the corresponding figure is even greater: 70 per cent of the sample were classified as either ‘showing signs of desisting’ or having avoided offending altogether. For the purpose of all further analyses, the groups outlined in Table 10.1 were divided into two groups: ‘emerging’ desisters (comprising non-offenders, those showing signs of desisting and trivial offending groups) and ‘persisters’ (consisting of those whose offending was non-trivial or escalating). Those cases seen only once were deemed impossible to code and were dropped from all further analyses. Table 10.1: Desistance (all) Probationers (n) (%) No offending Showing signs of desisting Continued offending (trivial) Continued offending (non-trivial) Continued offending (escalating) Impossible to code Total DOI: 10.4324/9781003143789-13 Officers (n) (%) 64 28 20 18 27 42 32 14 10 9 14 21 105 33 15 15 30 1 53 17 8 8 15 — 199 100 199 100 173 PersistenceWhat and desistance Rethinking Works with Offenders Table 10.2: Desistance by motivation Confidents (n) (%) Optimists (n) (%) Pessimists (n) (%) All (n) Probationer report Desister Persister 70 20 (78) (22) 22 9 (71) (29) 17 16 (52) (48) 109 45 Total 90 (100) 31 (100) 33 (100) 154 Officer report Desister Persister 92 18 (84) (16) 33 13 (72) (28) 28 14 (67) (33) 153 45 110 (100) 46 (100) 42 (100) 198 Total Exploratory regression runs (not reported here) suggested the ‘sorts’ of probationers who were desisting. Those with fewer previous convictions and in lower OGRS bands were more likely to be amongst the desisters (probationers’ reports), as were those with fewer social problems and, in particular, those fortunate enough to have experienced stability in terms of both their employment and accommodation 1 (both officer and probationer reported). Motivation was also related to desistance: those who were pessimistic at the start of their orders were more likely to be amongst the persisting group, as Table 10.2 confirms. Of the confidents, 78 per cent desisted according to their self-reports (84 per cent when officer-reports were considered). The optimists were very similar to the confident in terms of the proportion which desisted. As probationers were classified as optimists when they expressed the desire to and belief that they would stop offending and their officer expressed doubts about their desire and ability to desist, this finding suggests that their officers underestimated optimists’ abilities to desist. Another of the findings to emerge from Table 10.2 was that around half the pessimists had desisted. Given that the pessimists had rather longer criminal careers than either the confident or the optimists and had an average OGRS of 68 per cent (see Chapter 7), the finding that about half the pessimists were desisting, despite their original gloomy prognosis, should be regarded as ‘good news’. Gender did not appear to be a salient factor in desisting: not only did it not enter during the regression runs, the proportions of males and females classified as desisters was not significantly different (68 per cent of males and 86 per cent of females were classified as desisters; 174 Desistance, change and probation supervision p!.083). Similarly, desistance did not vary by race (69 per cent of whites desisted compared with 79 per cent of ethnic minorities; 2 p!.316). Age was also amongst the variables which appeared to be of little utility in accounting for desistance. 3 The role of probation in desistance From the analyses reported in the previous chapters which have dealt with the impact of probation supervision on obstacles to desisting (especially Chapters 5 and 7), it would appear that there was little evidence to suggest that interventions by officers often played very much of a direct role in desistance. In any case, as Chapter 6 suggested, much of the work of officers was limited by the actions (or inaction) of probationers themselves, or as a result of the circumstances in which the probationers lived. There is, however, a further reason for the limited impact of probation supervision: probation officers actually spend very little time with their probationers. Imagine a probationer on probation for 12 months who sees his or her officer exactly as directed by National Standards. The probationer would see his or her officer once a week for the first three months of the order, fortnightly for the next three months and monthly for the remaining six months. Suppose too that his or her meetings lasted an average of 45 minutes. This amounts to 20 hours of contact. During one calendar year there are 8,760 hours, of which one third of these (lets say) would be spent asleep – leaving 5,840 hours of ‘wakefulness’. Of the 5,840 hours the probationer is awake, he or she would spend about one third of 1 per cent of this time with his or her officer. These figures suggest two important things. First, that the actual amount of time spent with officers relative to the time engaged in other activities is very small and therefore perhaps not too much should be expected of probation supervision. Secondly, that the continued concentration upon ‘what the officer/probation service does’ inevitably misses a huge number of other factors which are at play when people desist or persist. It should be noted that the calculations above probably have a tendency to overstate the amount of contact: few probationers will attend every session and not all sessions will last as long as 45 minutes. It is probably for this reason that others who have made similar calculations have reported much lower levels of contact. Philip Bean, writing a quarter of a century ago, reported that most probationers would get about 11 hours of supervision a year (1976: 76). In fact, the 175 PersistenceWhat and desistance Rethinking Works with Offenders limited amount of contact was referred to by officers and probationers themselves: We are seeing someone for an hour a week. There are another six days and twenty-three hours of that week to go. We are on ‘the surface’, and sometimes an awful lot more is expected of us than is . . . I think we do very well in very difficult circumstances [PO 066]. . . . all I had to do was go and show my face every three weeks. I just went in there, showed my face, they asked me if I had any problems, I said ‘no’ and that was it [PR 121]. However, whilst it is true that the impact of probation on desistance would appear to have been rather minimal, and whilst there are good reasons to believe that probation ‘is but a drop in the ocean’, it must be noted that case studies of individuals’ experiences suggest that there were instances in which probation supervision was a significant factor in helping some probationers desist (see also the concluding discussions in Chapters 8 and 9). In the section below, attention is turned to the role played by probation supervision amongst three groups of probationers: 1. those pessimists and optimists who nevertheless desisted; 2. those pessimists who persisted; and 3. those confident and optimistic probationers who, against their own predictions, persisted. These groups of probationers were chosen for analysis for a number of reasons. Persisting confidents and optimists were grouped together because the optimists and confidents shared the motivation to and expectation that they would desist – yet they did not do as well as expected: what went wrong for them? The persisting pessimists similarly did not ‘do well’ – they were however not expecting to do well. Which processes prevented them from desisting? The desisting pessimists and optimists, on the other hand, were the real success stories: their officers were not expecting them to desist, yet they did: what changed about their lives to enable this? It is with these success stories that the analyses commence. Table 10.2 suggested that of the 43 pessimists, between a half and two thirds showed signs of desisting. There were 12 probationers who 176 Desistance, change and probation supervision were classified according to both their own and their officers’ reports as desisters. These ‘unanimous’ desisters are compared against the 16 pessimistic probationers who reported continued offending. 4 In addition to the 12 desisting pessimists, 20 desisting optimists are considered, albeit briefly. The desisting pessimists: what changed? The individual case histories of the 12 pessimists who showed signs of desisting revealed a number of processes which appeared to be associated with changes in offending trajectories. These included gaining employment; changes in the probationer’s family life; and, to a lesser extent, the influence of their probation officer. Gaining employment, a topic already dealt with in some depth, appeared to play a large part in desistance for some people. Jacob [057] was 21 years old when he started his probation order. He had received his first conviction when 15 years old and had in all ten convictions for a range of offences. When he was seen at the second interview he was asked to describe the ‘biggest single change in his life’ since the previous interview. He said ‘getting a job’, which he said had: ‘given me security, money, something to aim for. It’s made me ‘‘come out of my shell’’. Made me behave myself because now I have more to lose.’ Jacob was working in a bakery as an assistant manager, a job which he got through a friend who offered him work. At the third interview Jacob reported how the bakery was opening a new shop and in which he would be given a 50 per cent stake of the profits. When asked again to describe the biggest change since the previous interview, Jacob said that he was ‘developing, maturing in myself’ and described himself as being ‘more confident’ (a fact which he attributed to having started work). On the influence of his officer, Jacob was less enthusiastic, saying that he had been ‘stringing her along for a long while’ and that she ‘could have helped me, but I didn’t want to be helped’. Malcolm [180] was 25 years old and already had eight previous convictions when he started his 18-month probation order. Like Jacob, he too pointed to gaining employment as the explanation for his desistance. When asked (at the third interview) to explain how he had managed to avoid offending since he had started probation, he said: ‘A job, that’s it. Most of the time you’re at work, and when you ain’t you’ve got money. Plus, when you get home from work you just want to get some food and go to sleep. I do ten hours a day, plus travelling time.’ His officer reported that Malcolm had ‘always said that if he got a job he would stop offending’ and that her approach had been to point 177 PersistenceWhat and desistance Rethinking Works with Offenders out to him the link between drinking and offending. However Malcolm himself reported little assistance from his officer saying at the third interview that it ‘hadn’t really affected me’. Another factor which encouraged desistance amongst the pessimists appeared to have been the influence of ‘meeting someone’. Kevin [071] was 17 years old when he started his order. At the second interview he reported how ceasing to take drugs (in this case, cocaine) had been the biggest change in his life since the previous interview. He attributed this to his girlfriend, feeling tired at work and a short ‘coke drought’. Kevin’s reduced cocaine intake left him ‘feeling better’. His cocaine use had made him less able to control his temper, affected his work and eaten into his money. However, it was not until he had stopped using cocaine that he realised this. When asked to describe how probation had helped him stay out of trouble he said it ‘makes no difference’ and that he ‘didn’t like coming here [to the probation office] and having to talk a load of rubbish’. One of the findings from the quantitative analyses was that stable accommodation (especially when also experienced with stable employment) was associated with desisting. One of the officers [163] reported how his probationer, after getting stable accommodation, was able to use that as an address from which he could apply for work – which he got. The officer’s role in this appeared to consist of discussing with the probationer the limitations of what could be expected from the local housing associations and renting agencies. Other probationers reported more direct influences of probation supervision. One [113] said that his officer had ‘consistently spelled out that if I don’t change my act, I’d be back in prison’. The probationer (who had amassed 26 convictions in 15 years and was by that time in his early 30s) said he felt he needed to be told this regularly as it helped him to stay out of trouble. He went on to say, however, that ‘most’ of the reason he had avoided trouble was because of his fear of a return to prison. He added that, in his opinion, prison did not help people confront their behaviour, but served only to make it worse. Another probationer [067], when asked to explain how he had managed to avoid trouble, said: ‘a mixture of probation, like talking to me about what could happen if, like, offences are committed again and things like that, and me stopping drinking really.’ Clive [076], who was referred to briefly during Chapter 9, was, in his own terms, ‘an alcoholic’ who was given probation for attempting to steal vodka from a supermarket. At the first interview Clive said that he wanted to stop offending (‘I never wanted to offend in the first place – it’s like having a double personality: sober and drunk’), but said he 178 Desistance, change and probation supervision did not know if he could. At the second interview he said he still wanted to stop and was still unsure if he could. However, at the time of the third interview he said he had stopped and, when asked whether he could ‘stay stopped’, he said ‘I can only answer that for when I’m sober’. 5 What happened to Clive during the course of his order which helped him move from being a regularly offending 6 pessimist to a nonoffending and slightly more ‘upbeat’ individual? As noted in Chapter 9, Clive had had an alcohol problem since he had been a child, and this formed a large part of the work which his officer undertook with him. When discussing how he saw being on probation in relation to his alcohol problem, Clive said: I see probation as a step forward for me. It helps me as an individual. There is someone there for me now and I need it. I would have been in prison now. That would destroy me completely. If I ended up in prison I would have been even worse. Of course, I am forced to come [to the probation office]. If it was my choice I wouldn’t be here, but it helps to keep me away from the streets and of course the drinking. The answers which both Clive and his officer gave suggested that Clive had benefited greatly from his period of supervision: I’ve learnt more about people and communication and how it affects me. I never used to be like that but people [at the probation office] were asking me if I’m well and how I’m getting on and now I [ask others] too. Before I wouldn’t talk. I’ve learnt that if I get in trouble, that will be it – I’d lose everything I’ve tried for. [My officer] is the best one I’ve met. He wasn’t pushing me or screaming at me, but still was telling me what I needed to do. Other officers want to control you, but [he] is not like that. He’s told me what I have to do and reminded me things I would forget without trying to control me. Towards the end of the second interview, Clive was asked about the obstacles he saw standing in his way to desistance. He said ‘if anything went wrong with the social services, or the baby or anything’. 7 When asked if probation could help with this he said: ‘Yes. Just talking to [my officer] makes me feel better. It helps me release all my stress. When there’s nobody there you suppress your feelings and let it come out 179 PersistenceWhat and desistance Rethinking Works with Offenders differently. He also helps with communicating with the social services.’ Clive’s feelings about his period of supervision did not change when he was seen for the third time. When asked if he had been able to avoid the situations which had previously got him into trouble, Clive said: Yeah, probation had a lot to do with it, because of the specific officer. All of my other experiences on probation were bad. I wouldn’t listen to the other officers because I didn’t like them. Drinking is still a problem, I get on the edge 8 from time to time, but now I can control it. In addition to praising his officer, at the third interview – by which time Clive’s partner had had their baby – he said, perhaps most telling of all: ‘I’ve got a family now. I want to be responsible.’ It would appear from these accounts that the arrival of the new baby and the influence of his officer both contributed to Clive’s steady progress as a recovering alcoholic. However, the role of his officer was not referred to extensively in the passage in Chapter 9 as it appeared to play no part in strengthening Clive’s family. Similarly, in the discussion above concerning the role of Clive’s officer, the arrival of the baby is suppressed. Clive’s case indicates the fact that social circumstances and probation supervision can both assist in positive change without actually ‘connecting’ in any way. The desisting pessimists appeared to desist as the result of either changes in their family or employment circumstances or because of the advice of their officers. In a few cases, such as Clive, changes in family life and probation supervision would both appear to have been of importance in accounting for their desistance. The desisting optimists appeared to desist for reasons which were – in the main – associated with family and employment changes. Of the 20, seven reported that they had desisted because they had started to get on better with their families, or had embarked upon new relationships. In all some five reported that employment had in some way encouraged or enabled them to desist. Giving up drugs and/or enrolling on methadone schemes were cited by another three probationers. The remaining cases referred to stressful situations passing, spending more time at home after illnesses and ‘growing up’ as the reasons why they had desisted. The persisting pessimists: the failure to change This section considers the reasons which lay behind some pessimists’ failure to address their offending behaviours. Five explanations for 180 Desistance, change and probation supervision continued offending amongst the pessimists emerged: the probationer failing to respond to the order (seven of the 16); a feeling that ‘nothing had changed’ in the probationer’s life (six cases); the probationer being ‘addicted’ to shoplifting (four cases); the probationer continuing to rely upon substances (five cases); and the probationer being a ‘professional criminal’ (one case). 9 Seven of the 16 persisting pessimists showed signs of having failed to respond to probation – often they reported that they felt that the order had been ‘a waste of time’ and, on occasions, their officers also noted their reluctance to engage with probation. One probationer [022] said that probation had ‘done my head in, coming here speaking about bollocks to them’. His officer reported that he had ‘kept us [the probation service] at arm’s length’. Another probationer [005] recalled how he had found supervision ‘patronising’, a ‘wind up’ and described it as having ‘no point’. The following extract is taken from the third interview with a probationer who was seen in prison at the second interview, was on licence at the third but was being supervised by his original officer: . . . at the end of the day, what we are doing is . . . what are we doing though? I come in here, she says ‘are you alright?’ I say ‘I am alright’, that’s it. What is actually happening? There is nothing happening, is there? It seems to be like . . . I dunno, a useless exercise really. I come down here for ten minutes, five minutes, and [my officer] says to me ‘are you alright?’ I say ‘yeah I’m fine, and I’m this and that’, and she writes it down in the little book and then she says to me ‘what are your chances of re-offending?’ and I’ll just say ‘nil’, and she’ll say ‘well, what do you think . . .’ . . . and it just seems to be . . . I dunno, it just seems to be pointless. A whole pointless exercise ‘cause I don’t think that coming into probation for five minutes once a week and then every fortnight after a while is really going to do anything for you [PR 204]. Six of the 16 persisting pessimists appeared to have shown no signs of having changed their lives; they continued in much the same vein as before: ‘Well, that’s the problem with [probationer]. There hasn’t been any change’ [PO 168]. It is hard to account for the lack of change, but reading the interview transcripts one gains a sense of fatalism on the part of the probationers, and from the officers a sense of being unable to help. One officer [127] reported how the probationer she was supervising had ‘gone in a full circle’ but was starting to realise that 181 PersistenceWhat and desistance Rethinking Works with Offenders he needed more help. She said she had tried to encourage him not to expect too much of himself. At the final interview the same officer reported how the probationer would come to the probation office, but not when scheduled to do so. When asked how much probation had impacted upon the probationer, the officer said ‘nothing tangible’ and the probationer said ‘nothing really’. Another group of four pessimists who persisted referred to their own ‘addiction’ to shoplifting. One probationer [007] reported how shoplifting was: ‘. . . addictive. It is not planned, it happens. If I go into town I get an adrenaline rush. There is no explanation, last week I pinched a £4.99 plate, I took it because I can.’ Whilst others said: I think that it’s a bit of an addiction. I used to get a buzz out of it, but not anymore. I find it hard to stop because I’m so used to doing it. It’s easy money, like a job [PR 146]. I feel that if I stop [stealing], some part of me would die. It gives me a buzz [PR 022]. Interestingly, none of the officers supervising these probationers reported them to be ‘addicted’. A reliance upon (or unwillingness to give up) a particular substance such as alcohol, heroin or cannabis was another of the factors which emerged when persistence amongst the pessimists was considered. Probationers either refused or were unable to give up drugs, or continued to drink heavily. There appeared, again, to be little that the supervising officer could do to encourage these probationers to change their ways. One of the probationers – in prison at the time of the interview – reported that he and his family were ‘professional criminals’ who were involved in the large-scale importation and distribution of drugs. The persisting pessimists appeared to represent a group who were unlikely to respond well to probation supervision because they were not motivated to do so, either ‘addicted’ (real or otherwise) to a substance or to shoplifting, or were incapable or unwilling to engage with probation. The desisting pessimists, who on the whole also suggested that probation had not had very much of an impact on their lives, nevertheless had found a job or a relationship which they valued sufficiently for them to wish to change some aspects of their behaviour. Probation supervision (for the desisting pessimists) appeared to have been ‘in the background’ offering advice, ideas on how to find work or spurring the probationer on in some way. However, the persisting pessimists did not experience the sorts of life changes which might 182 Desistance, change and probation supervision encourage desistance, or were in some way incapacitated. Nor did they respond positively, it would appear, to probation supervision. The persisting optimists and confidents: what went wrong? The most worrying group of probationers identified during the course of the investigation were the confidents and optimists who continued to offend. Eighteen officers reported that the confident probationer they were supervising had persisted, and 20 of the confidents themselves reported persistent continued offending. Nine optimists also reported continued offending, as their officers had feared. An examination of the reasons cited for their offending suggested a number of explanations: continuing drug or alcohol use (cited by eight officers and 11 probationers); anger management problems and immaturity (cited by seven officers and nine probationers); mental health problems (cited by three officers and three probationers); lack of alternative career opportunities (cited by two officers and four probationers); and a range of other unique explanations. Drug use appeared to be particularly problematic. One probationer [035], who had been using heroin for seven years, reported how despite coming off heroin for several weeks, he drifted back into heroin use. ‘I’ll always find a reason to use again,’ he said when seen shortly after his order had ended. Although his use of heroin had stabilised, he said that he was unsure if this had been due to probation as this ‘could have happened anyway’. His officer said that they had had ‘discussions about drugs and [I] constantly reminded him about the dangers of drugs’. However, the officer did not refer the probationer for treatment until towards the end of his order, which perhaps goes someway to explaining the probationer’s assessment of his order: ‘[probation] was a footnote – it came and went, neither good nor bad.’ The officer cannot, however, be blamed for not referring the probationer sooner. When interviewed the probationer said: ‘I denied using heroin, but then again that is what he wanted to hear.’ Another of the probationers [105] reported how ‘intoxicated with valium, heroin and booze’ she stole a CD player whilst out shopping in order to help her pay her rent arrears. Similarly she acted as a fence for her friends who also used heroin: ‘People I knew who were on gear would bring me stuff – all part of a circle . . .’ Her officer confirmed these events – for which she was given a further probation order. Boredom and a ‘lack of something to do’ were often referred to by recovering heroin addicts as factors in their return to heroin use, but for some officers a more significant problem was the probationer’s lack of sustained motivation: 183 PersistenceWhat and desistance Rethinking Works with Offenders I don’t think he can [stop offending]. He can’t accept that he can do without [heroin]. He would probably say it’s because he can’t get the help he wants, but it has been offered to him. Much was on offer: prescriptions, being detoxed in hospital, but he didn’t take it and went back on drugs. It’s a way of life for him now, he needs a dramatic change in his lifestyle and he’s not motivated at this time [PO 172]. Whilst continuing drug use was often associated with property crimes, continuing engagement in violent behaviour was frequently the result of alcohol problems. For example, one probationer [095] recounted how his fighting was related to his alcohol use: ‘when I drink, my ‘‘fuse’’ goes right down. Also I’m known in this area – I’ve got to fulfil people’s expectations, I’ve got to hit them first or they hit me.’ The probationer went on to say he still had a bit of a drink problem, that he liked to drink everyday and that, in his opinion, he should have had more alcohol counselling. 10 Another probationer [083] who was on probation for robbery and carrying an offensive weapon, beat up drug dealers who were operating in his local area. He said that he had been angry at them selling heroin in a children’s park which his children used. He admitted that he could have gone to the police instead, but said that he had not as ‘I’m not a grass’. He also reported how he had been charged with using threatening words and behaviour towards his partner after a row at their home to which the police were called. His officer, although she did not report any offending on his part, did acknowledge the potential for him to become involved in confrontations: ‘He lives in an area where certain groups are seen as volatile – he is [volatile] too – this leads to a process to expect trouble and to respond accordingly.’ Other examples of ‘violent’ offending suggest not so much an anger management problem, but a degree of immaturity. One probationer [167], who was on probation for a minor assault on a police officer, reported how he had ‘tapped’ someone: Saying that, I did hit someone. Right, in the street? No. He walked back to my friend’s house and he was going to beat up the guy that was already there so I sort of told him not to. And things were getting out of hand. I was just sitting on the couch watching it all and it was all getting out of hand. Then they started attacking each other. It was a really big guy against a little guy. So I just give him a little tap to end it. And it ended it quite nicely. Right, I see. And 184 Desistance, change and probation supervision they all stopped misbehaving. And you actually did that, you said ‘a little tap’? Stopped it all, yeah. What do you mean by that? Well, I just give him a little tap because I told him not to have a fight. I said: ‘Look, you have got to leave the guy. He’s smaller than you.’ We’d been out drinking all night and had a laugh and we have come back to this house. ‘He’s here and you are picking on him,’ I said, ‘and I can’t watch that happen.’ So I gave him a couple of warnings. And you hit him? Yeah. The same probationer reported similar events when seen towards the end of his order – again using violence to end or prevent confrontation. Another officer [026] reported how his probationer (a young man aged 20) was eventually breached for failing to report, failures which his officer put down to his immaturity: he does behave like an adult when he’s in a club or whatever and girls are talking to him, whatever, he’s very, very adult. But when he’s at home, his mum’s giving him grief, then he’s very much a child. And he’s moving from one stage to another so he’s not yet got the adult responsibilities of turning up to appointments when he’s supposed to and organising his life and stuff. So we have been working on that transition and bits of his life that are adult and bits of his life where he’s still a child . . . Probation is a pretty boring place to come to. It’s not somewhere he would choose to come to. But it’s just with all this other stuff going on in his life he doesn’t prioritise or see it as very important and that is quite a childish response on his part because the offence he committed, he could well [have gone] to prison for it. And he needs to know that. [Theft from employer] is extremely seriously regarded by the court and he was very lucky not to go to prison in the first place. It was only because it was his first offence and his immaturity that they didn’t give him prison. As it transpired, the probationer was given a short custodial sentence for his failure to attend. When interviewed after he had been released on licence the probationer hinted at a growing awareness that he had been immature in his earlier approach: ‘[officer]’s shown me ways, like . . . because now I am over 18, I have to start being an adult, not being a child or anything’. Other probationers’ continued offending appeared to be related in various ways to their mental health. One probationer – originally on probation for sexual offences (rubbing himself against women in 185 PersistenceWhat and desistance Rethinking Works with Offenders crowds) – reported how he had ‘heard voices’. His officer reported a deterioration in his mental health prior to his offending again: ‘His mental health deteriorated and he was sectioned and held in a hospital. After being discharged, he was found a place in a hostel, but two weeks later was found masturbating in a churchyard’ [PO 016]. In other cases mental health problems appeared to be related to continued offending in a rather roundabout way. One probationer [037] reported how his depression prevented him from working. His officer confirmed this, reporting that for several months he was very depressed and reluctant to leave his home for prolonged periods. His inability to hold down regular employment meant that the probationer was reliant for much of his income on acting as a drugs courier for friends of his. His officer reported that his mental health posed a considerable problem to the work she had planned to do – mainly aimed at looking at his relationship with his wife – and confirmed that he was indeed too ill to work. She added that during their conversations about his drug-dealing friends he had said to her ‘these are my friends, this is where I grew up, who else would want to know me?’ Other probationers reported how they had continued to offend as they saw few other means of surviving economically. One of them [082] recounted how he regularly drove without insurance or tax as he was unemployed (due to being partially disabled) and could not afford to insure his car. Other confident probationers who continued to offend did so for a variety of reasons. One probationer [091] reported how he continued to drive despite being disqualified because he enjoyed driving and liked to drive around his friends – none of whom could themselves drive. Another officer [143] felt that the probationer she had been supervising had not been able to stop offending because of his past reputation. The probationer, who was placed on probation for drink-driving and possession of offensive weapons, was later charged with a serious assault after returning to a area where he used to live. The assault charge related to a fight with a former associate which, in the probationer’s words, was part of a long-running ‘vendetta’. Although they had discussed his reputation, his officer acknowledged that it would always be a potential cause of further trouble. When asked to summarise why he had not been able to avoid trouble, another probationer [080] replied: ‘I’m not working. I’ve never really had a job – I don’t know nothing else.’ In some cases, despite the best efforts of the officer, and the probationer’s motivation to avoid further trouble, offending persisted. Tracy [054], the subject of the following case study, was 23 when she started her probation order, imposed after she had been found guilty 186 Desistance, change and probation supervision of common assault. Tracy and her officer both reported that she wanted and was able to stop offending when they were first interviewed and maintained these beliefs at every subsequent interview. As her officer explains, initially things went well for Tracy on probation: She was coming every single week. She was doing job skills, computing, and she was at a sort of partnership agency. She was seeing our employment officer. You know it was very active and things were happening and she really . . . like she was, you know, trying to achieve positive change. I think, I suppose it happens sometimes, it goes down to fortnightly appointments, doesn’t it? A bit of momentum. By six months in the order, Tracy herself, I think, let things drift an awful lot and I suppose perhaps probation ended up chivvying her along or refocusing her. Do you know what I mean? And I think, she came in today and we were both sitting here going ‘Oh God, everything has drifted. Shall we go back to fortnightly appointments?’ And she was quite keen for that. I mean, she is aware of it herself. How do you mean things have drifted? Well, she stopped going to the education, for the computing. There was the New Deal, 11 it might be taken under the New Deal umbrella, and I think that is quite slow-going anyway because it is a new system going into place. Tracy declined to be interviewed at the second sweep, and at the third sweep (when she did agree to an interview) it transpired from her officer’s account that she had been involved in heroin use and theft: SF It sounds like from what you have said that Tracy hasn’t been able to stay out of trouble. What would you say have been the things that have prevented her from staying out of trouble? PO I think her motivation wavers. Sometimes I see her and she is very motivated to work, to go to college, to do things. I think she is very isolated, she lives in a flat by herself that she can barely afford to run. She is very bad at managing her money. When stressed she is extremely vulnerable. In the summer, after this drugs thing, she started to see her GP, who was prescribing her quite high dosages of diazepam and valium and she kinda lost it again. She was going to him saying ‘I can’t cope’ and she was on quite a lot of sedative medication which caused other problems. And then probably during that time we had two or three appointments that . . . ’cause I think I have always said to you that ‘there’s something going on and I don’t 187 PersistenceWhat and desistance Rethinking Works with Offenders know what it is’ – I think it was very obviously that she feels, I can’t remember how old she was when she moved to this country, but she has felt very isolated. She feels that she was never consulted about her family moving here, she feels that the rest of her family have settled and she has felt quite alien here, she feels her mother and sister have a good relationship, from which she feels excluded, and she really feels this kind of ‘differentness’, not belonging and I think she is very isolated and it makes her vulnerable to people like this bloke. 12 SF Would you say that – since I saw you last – that Tracy has learnt anything as a result of being on probation? PO Erm . . . there are times when she has felt very supported by probation, and I think it is probably the only people who do support her. There are times when she has felt quite angry with probation ‘cause it feels like we are adding more . . . y’know, quite strict about her attending appointments and so on. We’re adding more pressure when she has got enough. I think that she is quite clear about what she needs to do. I think she is unrealistic about how difficult it is to do it. And I think originally – both the last times I have been interviewed, I have overestimated her abilities to manage an independent life. She presents as quite able and she can be quite eloquent and she’ll express motivation to sort her life out, which I believe is genuine. But I think that she underestimated and I think that I underestimated how difficult she finds it . . . say, she is always wanting jobs, but they never work out. Nothing ever seems to work out. I think that there is a real problem with wavering motivation. She is just very vulnerable, it doesn’t take a lot and she is back to square one. SF Since I saw you last in July, do you think that there is anything that you have said or done that will help keep Tracy out of trouble in the future? PO I think that one thing that I did when she came – it wasn’t an appointment – she came here very, very distressed. And she felt – it was a Friday, she had nothing, she felt completely isolated, no where to go, nothing to do all weekend, didn’t know how she was going to cope. And I actually made ’phone calls to her mother and her sister and explained that I thought that she was trying, but did need some support, and the latest I’ve heard is – it’s tentative, but I think communication . . . y’know sometimes people take notice if a probation officer rings them up and says ‘I’m concerned about your sister – she 188 Desistance, change and probation supervision does need a helping hand here’, and I think that that is probably one thing that I have done. It is still very fragile of course. At the third interview, Tracy herself recounted this story about how she had come to probation ‘in a right state’ and her officer had ’phoned her family to ask them for their support on her behalf: ‘she rang round my family and helped me out with bus fares.’ It was clear that a lot of time and effort had been expended in helping her feel less isolated. There was also evidence of the much more practical assistance offered by her officer: SF [At the previous interview] you said that there were two obstacles to Tracy stopping offending. The main one was that she didn’t have a job. Has that continued to be a problem? PO It is more of the same problem. Her problem . . . I think the problem now is . . . it is not just as straightforward as employment . . . she is having difficulty achieving any sort of permanent occupation, whether it be college or . . . she has done bits and pieces with college, it is that staying power and organisational abilities. It is not . . . if someone put a job in front of her I would think ‘yeah, that would be it’, but it is . . . there is a big gap even before . . . she is not prepared enough at the moment to hold down a job . . . there is foundation work that needs to be carried out. Have you looked at work with Tracy? She has quite regular appointments with our employment officer. Who has kinda put her into different . . . y’know she was doing some computer training, and has pulled out other kind of resources and it is Tracy’s lack of . . . success in following any of those through which kind of causes warning bells all the time. Is Tracy still doing the computer training course which she was last time? No. That has finished. That resource has finished within the probation service, but she had bombed out before then anyway. So she didn’t complete it? No. She didn’t attend on a regular enough basis. She was always half looking at other options. I suppose you get lulled – ’oh well, at least she is looking at something’. It takes a long – it sounds like I am really slow on the uptake – but it takes a long time to realise that a pattern is emerging of everything is bombing. A few weeks ago she walked in and she said ‘oh I have got agency work starting tomorrow, I’m coming off my benefits’, and part of you wants to believe it and part of me was wise enough now to think 189 PersistenceWhat and desistance Rethinking Works with Offenders ‘we’ve been through this before’. So when she came in last week and said ‘it never really worked out’, there was no surprise, and I had – when she said ‘I’m going to start work tomorrow’ – started to be thinking ‘well, let’s look at what has failed before’. I think she wants a job now, and . . . my experience of her would be that she needs to build up more slowly and at the moment she isn’t showing the motivation or consistency to do that. SF How much would you say you have been able to help Tracy with the issues around her work? PO She has missed several appointments with [the employment officer], and I don’t think that that has been helpful. And I think a good example, like last week, Tracy turned up and she had some note of a course that was starting today and wanted to get me sorted to get her on it. I encouraged her, I tried to make the ’phone call, I couldn’t get through, I said ‘this isn’t the way to do it, this is where you are falling down all the time, let’s book you in to see [employment officer] next week’ and I am sort of encouraging her to . . . I suppose it is every aspect of her life, not just employment. [She needs] to take planning, to think about what might go wrong, try and think of ways, rather than ‘I need a job, I’ll do it today’ and then it all falls down. And then she didn’t turn up to see [employment officer] last week. So, I think that it is going to take a lot more reinforcement . . . ‘you need to plan’. Would you say that not having a job has made it hard for Tracy to stop offending? Yes. I mean, I think . . . not having a constructive use of her time – it is not a job per se, if she was in college, if she had something where she had to get up and spend time with non-offenders, I think that that would be really positive. I think the fact that she has an awful lot of time on her hands and no money certainly increases the risk of offending. Despite all the efforts which her officer went to, Tracy neither managed to get stable employment nor to stop offending. This is not to suggest that had she got stable employment (or, as her officer notes, a college course) she would have stopped offending. What might have happened, however, was the disruption of her daily agenda by the routine of work or college such that she had less free time to spend with people like her boyfriend. The lack of a good informal social support network (like a family) to which she could regularly turn for help only served to exacerbate Tracy’s isolation. A ’phone call to the officer after the 190 Desistance, change and probation supervision fieldwork had been completed revealed that Tracy had been ‘on and off’ heroin around the time of the third interview and had offended again. The range of factors associated with persistence amongst confidents and optimists appeared to be not too dissimilar from those associated with persistence amongst pessimists. Substance use in particular appeared to be a particularly salient factor. In some cases there was an apparent failure on the part of the probationer to be honest with his or her officer about the problems he or she faced (e.g. case 035 who denied using heroin) or to maintain the willpower to address the sources of his or her offending (e.g. case 095 who could have sought further counselling for his alcohol use, but chose not to). This raises the question why these probationers were so confident of their ability to desist. The author was fortunate enough to have interviewed many of the confident probationers who persisted. The majority of these probationers appeared to be articulate and had insights into the problems they faced, and it is easy to see why they might have been felt by their officers to want and be able to stop offending. This, coupled with an element of wishful thinking on their own part, may go much of the way to explaining why both they and their officers believed that they would be able to desist. It was also noted that none of the confidents and optimists who persisted were both working and in a relationship, and that the majority of them were neither working nor in a relationship. This chapter has dealt with the extent to which the probationers in the sample can be said to have desisted from offending and the factors associated with desistance. Around about half the sample self-reported rates of offending which were indicative of what has been termed ‘emerging desistance’. When officers’ reports were considered, over 80 per cent were reported to have shown signs of desisting. Stability of employment and accommodation, and initial motivation appeared from quantitative data analyses (not reported here) to be the variables which best accounted for desistance. Probation supervision appeared, for many probationers, to play a very slight part in whether or not they desisted, although a small number of probationers did appear to have benefited substantially from probation supervision. Those pessimists who did manage to desist appeared to do so as a result of either finding employment or attachment to a partner or receiving help from their officer. Persistence amongst pessimists appeared to have been the result of various factors: an unwillingness or inability to engage constructively with their officers; or an ‘addiction’ to theft or substances such as heroin or alcohol. The confidents 191 PersistenceWhat and desistance Rethinking Works with Offenders and optimists who persisted also seemed to have either failed to have addressed their drug or alcohol use or to have reacted violently in particular circumstances. Additionally none of them reported stable employment or partners when seen during the course of their orders. Notes 1 If an officer or a probationer reported that the probationer’s employment was a problem at two or more of the sweeps he or she was classed as having experienced ‘employment instability’. The same procedure was repeated for accommodation. 2 Ethnic minorities (of which there were 35) were made up of Asians, Afro-Caribbeans, those of mixed parentage, others and unknowns. See Table 3.4 in Chapter 3 for the relative sizes of these groups. 3 Various age groupings were employed – none of which produced a relationship between age and desistance, suggesting that this finding was a ‘true’ finding rather than the result of coding decisions. 4 The fact that 11 of these 16 probationers had officers whose reports suggested that the probationer had or was desisting is not a major concern. As noted in Chapter 4, officers were bound not to know of all offences committed by probationers. The reverse (probationers claiming to have desisted whilst their officers reported persistence) was less often encountered. 5 Which has been interpreted as meaning ‘yes, but I’m not in control of my actions after I’ve been drinking and I might offend whilst drunk’. 6 Clive’s first conviction had been when he was 16 years old. He was 30 when he started his order. In the period between his first conviction and the start of his probation order, Clive had amassed 23 convictions, amounting to an annual average of 1.6, or about three convictions every two years. 7 Clive’s partner was expecting their fourth child. The previous three were in the care of social services. 8 It is ambiguous what Clive is referring to when he says ‘on the edge’. It could refer to getting close to offending, getting close to drinking too much or some other, less tangible, ‘stressed out state’. However, despite this ambiguity, as he says himself, he can control it now, so perhaps the exact meaning is of little importance. 9 Some probationers were included in more than one explanation. 10 The alcohol counselling he received was from a partnership agency, who would have continued to see him after his order was over. As such the onus was on him to maintain this contact. 11 A national employment scheme originally aimed at young people. 12 A new ‘boyfriend’ who appeared to have played a large part in Tracy’s offending. 192 Chapter 11 The factors associated with offending This chapter focuses upon the offences which probationers were reported to have committed whilst on probation. Its purpose is to report the types of offences which probationers committed, the frequency with which these were committed and the strength of the factors associated with offending. Virtually every investigation of the impact of supervision has employed further offending, most commonly further convictions, as the main criterion of success or failure. However, there has been a tendency in many of the previous studies to assume that further offences equate to ‘failure’. There are good reasons for this assumption – not least of all that continued offending indicates that previous behaviours would appear to have continued. But by accepting uncritically that any offending indicates a failure of probation supervision, reductions in the frequency or the seriousness of the offending are overlooked (Mair et al. 1997: 41). The previous chapter demonstrated that of the 93 probationers who reported having continuing to offend, 28 (30 per cent) appeared to be in the process of desisting. Similarly, of the 93 probationers reported by their officers to have continued offending, 33 (34 per cent) also appeared to be desisting. In addition, offending may sometimes lead to more ‘positive’ outcomes, at least as far as the offender is concerned. 1 For example, one officer [158] reported that the probationer he was supervising was being considered for early revocation on the grounds of good progress. However, almost a year after the original offence (a theft, committed after the probationer had drunk heavily), the probationer committed a very serious assault on a stranger after another very heavy drinking session. Both these offences occurred around the time of the anniversary of the death of the probationer’s twin brother, when they were young boys. When interviewed about the second offence, both the DOI: 10.4324/9781003143789-14 193 PersistenceWhat and desistance Rethinking Works with Offenders officer and probationer explicitly referred to the twin’s death. The new offence, taken in the light of some of the probationer’s other circumstances (feeling down and drinking heavily at the time of both offences and the probationer’s otherwise stable life), brought home to the officer the extent to which the probationer required intensive bereavement counselling as part of his supervision. A further order with this condition was eventually made. 2 In other words, offending on probation allowed the officer to gain a better insight into the factors associated with the probationer’s offending. Similarly, another officer [054] reported how it took several ‘crises’ to befall the probationer she was supervising before both of them realised that poor life skills lay at the root of many of the probationer’s problems: I suppose the success we have made is that we are both a lot clearer about what we are dealing with now. She is and I am. This cycle has happened enough times for us to realise what is going on and to focus on things like budgeting, for example. It almost takes quite a few crises for you to suddenly think ‘this isn’t bad luck, this is the way you are managing – or not managing – your life’. In some instances, relapses into drug use or offending galvanised the probationer into wanting to desist. One probationer [109] reported having used heroin with an old acquaintance as he ‘wanted to have sex with her’. However, they did not have sex and he reported that he ‘didn’t feel good about having used [heroin]’ and ‘didn’t want to have much to do with her’ after this episode. Another probationer also reported how he had used heroin again after several months abstinence: ‘the next day I was really pissed off with myself – I’d gained nothing, just five or six hours of pleasure.’ He had not used again since. Additionally, those supervising some types of offenders, for example, sex offenders or those who commit acts of domestic violence, may also consider self-reports of ‘near-offending’ to the officer as indicating an increased awareness of ‘risky situations’ and a reduction in the denial of harm to others. These observations are not intended to suggest that offending should be considered in any way as a ‘good sign’ but, rather, that the issues surrounding offending (and the reporting of offending to officers) must not be thought of as always indicating failure. Offending in some circumstances can be understood as leading eventually to a positive outcome in that it may increase an offender’s desire to desist or – in 194 The factors associated with offending the case of offending of reduced seriousness – indicate to the supervising officer that progress has been made. Offending behaviours Table 11.1 reports the rates of self- and officer-reported offending by motivation. As can be seen, the confidents were always those least frequently reported to have offended. Some 44 per cent of the confidents and 54 per cent of optimists admitted to offending, compared to 79 per cent of the pessimists. Officers’ reports mirror this trend. How do these rates reported in Table 11.1 compare to other studies of self-reported offending by probationers? Only two other studies are known to have been published – Leibrich (1993) and MacKenzie et al. (1999). The current rates are not too dissimilar from those reported in Leibrich’s New Zealand study (1993: 31–33). Leibrich found that of the 48 ex-probationers in her sample, 25 (52 per cent) had continued to offend. Leibrich’s sample was based on those who had completed probation and not been convicted for three years and, as such, it is difficult to assess whether the offences reported to her took place after the order had been made but before it had been completed, after the order had been completed, or both. 3 MacKenzie et al. (1999: 436–37) in the USA found that of the 107 probationers in their sample, only 22 (21 per cent) reported any offending whilst on probation. Without other similar studies against which to compare these rates, it is hard to assess the typicality of the current sample’s rate of offending. Concordance between officers and probationers When reports of offending gained from probationers and the officers who were supervising them were compared, very high levels of Table 11.1: Offending by motivation Probationer-reported offending (n) (%) Confidents Optimists Pessimists All 48 25 33 106 44 54 79 53 Officer-reported offending (n) (%) 41 24 29 94 36 52 63 47 Total 110 46 43 199 195 PersistenceWhat and desistance Rethinking Works with Offenders Table 11.2: Concordance of offending Agreeing cases Both ‘yes’ Both ‘no’ Offended 70 (35%) 71 (36%) Disagreeing cases Officer ‘yes’, Officer ‘no’, Probationer ‘no’ Probationer ‘yes’ 21 (11%) 37 (19%) agreement were noted. For example, as the left-hand side of Table 11.2 shows, some 35 per cent of officer–probationer pairs agreed that the probationer had offended. Additionally for 36 per cent of cases both officer and probationer reported that the probationer had not offended. When there was disagreement – see the right-hand side of Table 11.2 – it is interesting to note that this disagreement was most often due to probationers having said they had offended, whilst officers reported that they had not. This has been interpreted as indicating the probationers’ willingness to admit to offences of which their officers were unaware. The offending reported by officers and denied by probationers was reasonably low (11 per cent, see Table 11.2). In addition to the simple ‘offended’/’not offended’ dichotomies presented in Table 11.2, officers’ and probationers’ reports of the number of offences committed were investigated. These also proved to be positively correlated (Spearman’s rho!.364; p!!.01). Similarly, high rates of agreement were noted when the type of offences reported was investigated. Agreement over violent, property and drug offending was statistically significant at the p!!.000 level, whilst for ‘other’ offences p!!.010. Factors associated with offending during the order A series of logistic regressions were undertaken to explore some of the possible factors associated with reports of the probationers’ offending (see Table A1 in the Appendix). From initial bivariate regression runs, only the most statistically significant and powerful, and theoretically salient variables, were employed in attempts to create multivariate models. Inevitably, some variables were highly correlated with one another and, unless circumstances dictated otherwise, only variables which were not correlated with one another were employed in the multivariate analyses. The aim of the multivariate analyses was to produce a model which best accounted for the reported incidents of offending, but which was as uncomplicated as possible. When probationer’s reports of their offending were examined, three variables appeared to be of importance: having had a previous conviction 196 . 71% .4106 1.6227 !.1708 Motivation Confidents Optimists Pessimists Constants Cases correctly predicted .5542 !1.5095 2.2495 Probationer Theft convictions Financial problem (offence) Drug problem (SWP1) Beta 2 1 1 1 1 1 1 Df .0037 .3262 .0008 .5612 .1074 .0000 .0000 Sig Table 11.3: Factors associated with offending: final models Motivation Confidents Optimists Pessimists Constants Officer Drug Probs (SWP2) — — .65% .3583 .9429 !.7359 1.5274 Beta 2 1 1 1 1 Df .0494 .3453 .0147 .0004 .0000 Sig The factors associated with offending 197 PersistenceWhat and desistance Rethinking Works with Offenders for theft (p!!.05); reporting a drug problem at the time of the first interview (p!!.000); and reporting that one did not have any financial problems at the time of the offence (p!!.000). However, separate analyses (Table 11.1) suggested that motivation was also associated with differing rates of offending. When motivation was entered into the model previous convictions for theft was removed, as shown in Table 11.3. Thus, whilst previous convictions for theft initially appeared to be related to offending this ceased to be the case when motivation was included in the model. The model suggests that those with financial problems were less likely to have offended during the course of the order, that those with drug problems were more likely to have offended, and that confidents were no more or less likely to offend than optimists, but that pessimists were much more likely to have offended when compared to confidents. These findings are broadly in line with other investigations into the role of social variables in offending/ reconviction amongst probationers. For example, both Oldfield (1996: 44) and May (1999: 33) reported that those with financial problems were more likely to be reconvicted. Similarly, those with drug problems have been found to be more likely both to reoffend and be reconvicted (May 1999: 33; Oldfield 1996: 44; MacKenzie et al. 1999: 439). When data collected from officers were analysed, a larger number of variables appeared to be related to offending. These included previous convictions for violence; total number of previous convictions; OGRS; the officer’s assessment that the probationer had drug, employment and financial problems; and the total number of all problems faced by the probationer. 4 In line with these analyses, both Raynor (1998: 8) and May (1999: 21) found that those probationers with more problems were more likely to be reconvicted. Similarly, Davies (1969: 78), Oldfield (1996: 44) and May (1999:33) found that employment problems were associated with reconviction. However, several of the variables associated with offending from the officers’ data set were found to be strongly intercorrelated and the best model which could be fitted contained just one variable: drug problems at the time of the second interview (p!!.000). When motivation was introduced into the model, drug problems remained in, but its power was slightly reduced (from a beta of 1.6381 to 1.5274; see Table 11.1). In keeping with their generally higher rates of offending, the pessimists were the most likely to have reported committing every type of offence. For example, property offences (the emboldened row in the top half of Table 11.4) indicate that whilst 19 per cent of the 198 The factors associated with offending Table 11.4: Type of offending by motivation Probationer Reported offending Violent/sex 5 Property Drugs Other Total Officer Reported offending Violent/sex Property Drug Other Total Confidents Optimists Pessimists (n) (%) (n) (%) (n) All probationers (%) (n) 48 21 21 28 17 44 19 19 25 15 25 9 14 15 6 54 20 30 33 13 34 15 28 18 19 79 35 65 42 44 110 46 43 107 45 63 61 42 199 41 12 22 16 16 37 11 20 15 15 24 10 15 14 14 52 22 33 30 30 29 9 21 19 11 67 21 49 44 26 94 32 63 53 44 110 100 46 100 43 100 199 confident probationers and 30 per cent of the optimistic probationers reported having committed a property offence, 65 per cent of the pessimists said that they had committed a property offence. The emboldened row in the bottom half of the table (the officers’ reports) show a similar trend: 20 per cent of the confidents were reported as having committed a property offence, 33 per cent of the optimists and 49 per cent of the pessimists. Officers and probationers also asked about the number of times the latter had offended (see Table 11.5). An inspection of Table 11.5 reveals a familiar trend. A smaller proportion of the confident reported they had offended frequently than either the optimists or the pessimists. The emboldened cells in Table 11.5 illustrate this: fewer of the confidents (25 per cent) reported having committed more than four offences than either of the optimists (37 per cent) or the pessimists (54 per cent). This trend is again supported by the officer’s reports. In the course of undertaking bivariate logistic regression runs, several variables presented themselves as possible candidates for inclusion in a multivariate model. The most salient of these are summarised in Table 11.6. Very few studies have investigated social factors and the number of subsequent reconvictions. Oldfield (1996: 47–48), however, found that previous prison sentences, the number of 199 PersistenceWhat and desistance Rethinking Works with Offenders Table 11.5: Amount of offending by motivation Confidents (n) (%) Optimists (n) (%) Pessimists (n) (%) Total (n) (%) Probationer report No offending One to four offences More than four 62 20 25 56 18 26 21 8 17 46 18 37 9 10 23 21 23 54 92 38 65 46 19 33 Officer report No offending One to four offences More than four 69 26 15 63 24 14 22 13 11 48 28 24 14 18 11 33 42 26 105 57 37 53 28 19 110 100 46 100 43 100 199 100 Total previous convictions and unemployment at the start of the probation order were associated with more frequent reconvictions. Interestingly, and in line with Oldfield (1996) and Murray and Cox (1979, cited in Oldfield), the current data suggest that probation supervision might act to ‘suppress’ offending. In the current sample those probationers who reported greater levels of general help from their probationers (the Probation Impact Scales, 6 see Table 11.6) committed fewer offences. These scales were, however, significantly related to motivation (p!!.05) such that the confidents were the most likely to have reported greater levels of help. However, this relationship was not particularly strong and despite attempts to explore the relationship between motivation, offending and amount of help, it remained unclear as to whether it was the help received or the probationer’s motivation which accounted for the reductions in offending. It could, of course, be that whilst the confidents were helped the most, this help was unrelated to their avoidance of further offending. An inspection of the relationships between these variables suggested that most of the criminal history variables were highly correlated with one another, as was the case with probationers’ self-reports of their drug problems and their assessments of the impact of probation supervision. Thus, only three variables were chosen for further use when developing a model of probationers’ reports of the amount of crimes they had committed: drug problems at the time of the first interview; Probation Impact (measured at the third sweep); and OGRS (dichotomised as 0–75 and 76–100 per cent). In addition, variables indicating whether the probationer was a confident or a pessimist were employed, only the latter of which entered the final model, shown in Table 11.7. 200 .006 .004 !.249 !.263 Motivation Confidents Optimists Pessimists — — — — Order made for drug offence Drug problem (at offence) Drug problem (SWP1) Drug problem (SWP2) Friends (SWP2) Drug problem (SWP3) Friends (SWP3) Total problems (at offence) Total problems (SWP1) Total problems (SWP2) Total problems (SWP3) Probation Impact Scale (SWP2) — .000 .639 .000 .015 .048 .001 .036 .033 .003 .000 Motivation Confidents Optimists Pessimists Had prison previously Previous theft conviction Previous drug conviction OGRS (76–100%) Order made for drug offence Drug problem (at offence) Drug problem (SWP1) — — — — — — — — Probation Impact Scale (SWP2) Probationn Impact Scale (SWP3) !.247 .033 .147 .176 .143 .151 .137 .151 .211 .310 Officer Sig Probationer Std beta Table 11.6: Factors associated with the amount of offending: summary .011 .179 .096 .000 .000 .000 .000 .000 .000 .006 .039 .000 .000 .004 .021 .276 .278 .300 .387 .308 .348 .194 .147 .250 .295 .205 !.180 Sig !.179 .096 .118 Std beta The factors associated with offending 201 PersistenceWhat and desistance Rethinking Works with Offenders Table 11.7: Factors associated with the amount of offending: final models Std beta Sig Probationer Drug problem (SWP1) .286 .001 Probation impact (SWP3) !.171 .045 OGRS (76–100%) .120 .152 Pessimists .277 .001 Constants .000 Adjusted R-square .208 Std beta Officer Drug problem (SWP2) .348 Total problems (SWP3) .166 — Confidents !.095 Constants Sig .000 .011 .156 .000 .173 When the officers’ data set was analysed, several of the variables were found to be highly correlated with one another. For example, officers’ assessments of the probationer’s drug problems at each interview were all highly correlated. However, a model including drug problems (at the second interview) and total problems was developed. In this was included a variable indicating whether the probationer had been classified as a confident or not. However, despite being significantly related to the amount of offending during the bivariate runs, this variable did not enter the final multivariate model. As such, the amount of offending was most closely related to drug problems, being a pessimist and the amount of help received from one’s officer. Summarising the variables associated with offending From this and the preceding chapter, a number of statements relating to desistance and persistence can be made. Motivation appeared to be strongly related to desistance and continued offending. The analyses reported in Chapter 10 (Table 10.2) and the Appendix (Table A1) suggest that motivation was strongly related to desistance, whilst analyses here suggest that motivation was related to both reports of any offending by the probationers (Table 11.1) and the amount of offending they were reported to have committed (Table 11.5). Various of the social circumstances were also related to both reports of offending and desistance. For example, employment and accommodation stability were associated with desistance (Chapter 10 and Table A1). Similarly the number of ‘problem’ social circumstances was also related to desistance (Chapter 10 and Table A1) and to the amount of offending reported (Tables 11.5 and 11.6). These findings suggest the 202 The factors associated with offending utility of collecting data which are not solely related to the work undertaken as part of the probation order and which are repeatedly measured. However, as employment and accommodation stability were important factors, so too it must be remembered are changes in the social contexts and the effects of these on solving obstacles (see Figures 7.1, 7.2, 9.1 and 9.2). Just as with the attempts to account for desistance, social variables and motivation appeared as key influences upon offending by probationers. The social variables were of greater utility and appeared to account for variations in whether the probationer offended, the number of times he or she offended and the types of offences committed. Similarly motivation appeared to be associated with whether the probationer was reported to have offended at all and with the number of times he or she offended. The amount of help provided by officers and the probationer’s previous criminal history were of less utility as predictors of reoffending. The findings relating to the Probation Impact Scales initially suggested that probation supervision had a role in ‘suppressing’ offending, a finding also noted by Murray and Cox (1979), Oldfield (1996) and MacKenzie et al. (1999: 438). As probationers reported greater levels of help from their officers, so the amounts of crime they reported declined. These scales were, however, significantly related to motivation (p!!.05) such that the confidents were the most likely to have reported greater levels of assistance – it remained unclear whether it was the probationer’s motivation or the amount of help which he or she received which accounted for the lower number of offences committed. One of the most surprising results to emerge from the regression analyses undertaken concerns the utility of the criminal history variables. These were not as strongly related to reports of offending as had been anticipated and were on occasion ‘forced out’ of models by the inclusion of other variables. For example, in Table 11.3 previous theft convictions were forced out of the model of any offending by the introduction of motivation. In fact, OGRS appeared to be weakly associated with most types of offending with the exception of property offending. The explanation for this probably lies in the fact that OGRS was designed to predict future criminal convictions rather than self-reported offending. To this end the comparatively poor performance of OGRS should not be taken as an indication of weakness on the part of the scale itself. 203 PersistenceWhat and desistance Rethinking Works with Offenders Notes 1 There has been some evidence that this may in some circumstances extend to the victim too – see Sparks et al. (1977: 208–209) on reductions of fear following victimisation. 2 When last contacted, some months after the main fieldwork had been completed, the officer reported that the order was progressing smoothly and that the probationer had not offended in the 18 months since the assault. 3 To refresh readers’ minds on this topic, the current study is focused upon offending during the probation order. 4 In terms of their statistical significance, the criminal history variables were all at the p!!.050 level, whilst the social variables ranged from p!!.050 (employment and finances) to .000 (drugs and total problems). 5 There was only one sexual offence reported from the respondents in the sample. 6 Probation Impact Scales were developed by summating three questions asked of officers and probationers at sweeps two and three. These asked whether the officer had said or done anything that would be helpful in keeping the probationer out of trouble in the future; probation supervision had helped the probationer stay out of trouble; and whether the probationer had learnt anything whilst on probation. The alpha coefficients for these questions were sufficiently high for them to be summated and used as a scale, and were officers, sweep two: .6324; officers, sweep three: .6158; probationers, sweep two: .7025; probationers, sweep three: .4619. These scales were positively correlated (officer sweep two/probationer sweep two: .289; Spearman’s p!.002; officer sweep three/probationer sweep three: .211; Spearman’s p!.033). 204 Part 4 Conclusions Chapter 12 Probation, social context and desistance from crime: developing the agenda Parts 2 and 3 of this book have explored the responses of officers and probationers to the obstacles faced by the probationers, and the continuation or cessation of offending behaviour. This chapter summarises these findings and draws out the lessons from the research. Resolving obstacles to desistance When compared to their officers, fewer probationers believed that they faced obstacles to desistance, and those who did frequently identified fewer obstacles than their officers. On the whole, officers and probationers did not agree over very many of the obstacles faced. However, both officers and probationers identified a range of obstacles which, to a large extent, mirrored the risk factors identified in the wider literature. Around a half of all obstacles identified and followed up had, according to officers and probationers, been resolved by the end of the order (Tables 6.4 and 6.6, Chapter 6). It would appear both from the obstacles identified and the solutions undertaken to resolve them that only a minority of officers and probationers ‘worked together’ to tackle these obstacles. The solutions which probationers proposed to employ in overcoming these obstacles were ad hoc rather than sustained or focused attempts to deal effectively with the issues at hand (Chapter 5). Officers reported that they intended to rely upon discussions with the probationer in order to tackle the obstacle. The further examination of those officers and probationers who had identified the same obstacles suggested that both officers and probationers expected that the successful tackling of an obstacle would be contingent upon a range of factors – many of which appeared to be outside the direct control of either of them. When the outcome of the DOI: 10.4324/9781003143789-16 207 ConclusionsWhat Works with Offenders Rethinking work aimed at tackling these obstacles was explored, officers’ and probationers’ beliefs that such contingencies would play a role in overcoming obstacles appeared to be borne out. The analyses undertaken in Chapter 6 explored the extent to which different interventions were associated with successful obstacle resolutions. Responses from both officers and probationers suggested that no specific probation interventions were associated with successful obstacle resolution. The extent to which officers and probationers ‘worked together’ was explored and was also found not to be associated with resolving obstacles. A number of possible explanations for this were considered, in particular: ! that the motivation of the probationer may have mediated the outcomes of the attempts to resolve obstacles; and ! that the probationer’s social and personal circumstances could also have influenced the outcomes of such efforts. When – in Chapter 7 – the influence of probationer motivation was considered, it emerged that the optimists and pessimists were the least likely to have successfully resolved their obstacles: 41 per cent of the optimists and 37 per cent of the pessimists said that their obstacle had led to further offending, compared to 21 per cent of the confidents. There was little evidence of extensive ‘co-working’ between officers and probationers regardless of probationer motivation and very little variation between confidents, optimists and pessimists in terms of the extent to which they were helped by their officers to resolve the obstacles to desistance which they faced. Chapter 8 continued the investigation into the factors which may have influenced the outcomes of the efforts aimed at overcoming obstacles. The social and personal contexts of the probationers were examined in detail. Both officers’ and probationers’ descriptions of their responses to the obstacles suggested that the social and personal contexts in which these efforts were located were key determinates of the success or otherwise of these efforts. Just as seeds thrown on stony ground will not take root, so efforts to resolve particular obstacles will come to little if the conditions for success are not present, or do not emerge quickly. Figures 12.1 and 12.2 (previously presented as Figures 7.1 and 9.1, respectively) summarise these findings. 1 In Figure 12.1 the progress of each of the three groups of probationers towards desistance is charted. Fewer of the confidents faced obstacles than either of the other groups 208 Figure 12.1 Motivation, obstacles and desistance: probationers’ reports. All figures are N (%). Probation, social context and desistance from crime: Developing developing the agenda 209 are N (%). All figures s. rt o p re s’ ner xts: probatio social conte d an s le ac ation, obst 9.1otivM Figure F12. atoiotinv, obstacles and social contexts: probationers’ reports. All figures are N (%). igu2re M exts changing cont tion, Offenders Motivawith ConclusionsWhat Works Rethinking 210 n n supervisio and probatio 165 Probation, social context and desistance from crime: Developing developing the agenda (40 per cent), whilst eight out of ten of the pessimists faced one or more obstacles. Of those pessimists who faced no obstacles, 67 per cent desisted. However, 64 per cent of those pessimists who faced an obstacle but overcame it desisted, whilst even fewer – only 31 per cent – of those pessimists who faced an obstacle but did not overcome it desisted. For the optimists and pessimists, solving obstacles was particularly strongly related to desistance: of the six optimists who overcame the obstacle they faced, all but one desisted. On the other hand, of the 11 who did not overcome the obstacle they faced, five desisted and five did not (one was lost during the follow-up). Desistance rates were highest amongst those groups that faced no obstacles and lowest (with one exception – the confident) amongst those who faced obstacles and did not overcome them. Figure 12.2 introduces the issue of social contexts. 2 The figure suggests that social contexts – measured at the start of the probation order and towards the end – were an influence on obstacle resolutions. Consider, for example, the confident who faced obstacles: of those who were living in good social contexts at both the start of their orders and the follow-up, 56 per cent overcame their obstacle. Similarly, of those who were not living in good social contexts throughout the duration of their orders, only 42 per cent overcame the obstacles they faced. Changes in social contexts were also important. Of the four confidents who faced obstacles and who started in good contexts which worsened, only one overcame the obstacle he was facing. However, of the ten confidents who were initially in poorer social contexts but which improved, eight overcame the obstacles they faced. These figures confirm the analyses reported earlier, namely, that motivation and social contexts were important in understanding obstacle resolution rates, and that these co-varied. For example, 57 per cent of confidents were living in good social contexts at the start of their orders; rates for optimists and pessimists were lower, respectively: 50 and 44 per cent. Chapter 9 explored in greater detail the issue of change in social and personal contexts. Changes in employment status and family formation were observed to be two of the most commonly reported by both officers and probationers. For many probationers, these changes were positive – that is to say, that they gained employment, achieved promotion at work, were reunited with family members or embarked upon new familial relationships. There was evidence also that these positive changes were associated with positive changes in probationers’ lifestyles and their offending behaviours. But what were the roles of probationer motivation and probation supervision in assisting these changes to take place? Because changes 211 ConclusionsWhat Works with Offenders Rethinking in employment and family circumstances had been found to be related to positive changes in lifestyle and offending, the impact of probation supervision on the obstacles related to employment and families was revisited towards the end of Chapter 9. These analyses suggested that most of these obstacles were solved following actions initiated by probationers, rather than by their officers, and, as such, those who were motivated to resolve these obstacles were the most successful in so doing (Table 9.2a). However, the greater the assistance given by the officer, the greater the proportion of cases who successfully tackled their employment and family-related obstacles (Table 9.2b). Thus whilst social and personal contexts were important influences upon the outcomes of the attempts to solve the obstacles faced by probationers (see Chapter 8), there were important interactions between these contexts and motivation – a point confirmed by Figures 12.1 and 12.2. The process of desisting Around a half the probationers and almost three quarters of the officers reported offending trajectories which suggested that the probationer was desisting from offending (Table 10.1, Chapter 10). When the factors associated with desistance were examined, it appeared that as the total number of ‘problem’ social circumstances facing the probationer increased, so desistance became less likely. A detailed investigation of the experiences of those pessimists who showed signs of desisting confirmed that changes in family and employment circumstances were key factors in accounting for their desistance. For a significant minority of probationers, their officer was key in assisting them to avoid further trouble (e.g. Clive, discussed in Chapter 10). Those pessimists who persisted appeared to do so because of existing addictions to substances or shoplifting, or as a result of the ‘lack of change’ in their lives. Interestingly, those confidents and optimists who persisted also appeared to do so because of a continued reliance on drugs or alcohol. Others accounted for their persistence by citing a lack of career opportunities and, indeed, it was observed that many were neither employed nor in a stable relationship. Does this mean probation ‘does’ or ‘does not’ work? The question of whether probation ‘works’ or not cannot be answered without first addressing what is meant by both ‘works’ and ‘probation’. 212 Probation, social context and desistance from crime: Developing developing the agenda Virtually all previous investigations of the outcomes of criminal justice interventions have used ‘works’ to refer to a reduction from some expected level in the rate of conviction. Further, they have assumed that any such reduction is the direct result of the intervention rather than the result of some other set of factors – i.e. the ‘black box’ approach. In effect the definition of ‘works’ employed in the ‘What Works?’ perspective has been something like the following: 1. A set period of time following the commencement of supervision during which the probationer was not found guilty of further offences. If it could also be demonstrated for a cohort of probationers that their actual rate of reconviction was statistically significantly lower than their predicted rate of reconviction (which, thanks to developments like OGRS, it can), then so much the better. However, one has to ask: is this a realistic or appropriate definition of ‘works’? A more accurate definition of ‘works’ would be something like: 2. A positive (or at least, not a negative) impact on the probationer which is wholly or in part attributable to some aspect of the intervention. This is a more roundabout definition, but one which captures more accurately the problems of undertaking research in an ‘open’ system (Pawson and Tilley 1997). Such a definition shifts the focus from convictions and, most importantly, by referring to ‘some aspect of the intervention’, alters the way in which we approach such interventions and how these are constituted. It does so by allowing for the possibility that the ‘aspects of the intervention’ which were of most help in creating the positive impact need not be drawn from those originally intended to do so (in this case probation supervision, Worrall 1997: 13). For example, whilst contact with probation officers, drug workers, employment advisers and so on will probably not do any probationer much harm, it need not be these features of their time on probation which ultimately help the probationers overcome the obstacles they faced and avoid offending. The elements which this study has most frequently found to be of most help in assisting probationers overcome obstacles and avoid further offending have not come from officers, etc., but from the probationers themselves (their motivation) and from changes in the nature of the social contexts in which they lived. Good motivation, gaining employment, mending damaged relationships, 213 ConclusionsWhat Works with Offenders Rethinking starting new relationships, moving home and so on were key influences on the success or otherwise of many of the attempts to overcome obstacles. In many cases changes in the probationer’s social and personal circumstances boosted already existing motivation, provided those with poor motivation or who lacked self-belief with the desire and/or motivation to address the obstacles they faced, and in other cases they better enabled probationers to address such obstacles. The definition above in (2) opens the possibility of including factors like motivation, employment changes and other life contingencies which have not traditionally been considered to be part of probation supervision by those evaluating the outcomes of criminal justice sanctions. Palmer (1996), in an essay entitled the ‘Programmatic and non-programmatic aspects of successful interventions’ (emphasis added), lists the following as non-programmatic aspects of successful interventions: staff characteristics (for example, whether volunteers or professional); staff–client interactions (the extent and nature of their communications); offender differences (essentially personality differences); and the setting (prison- or probation-based). Palmer (1996: 168) concludes his review with some words of wisdom: ‘progress in identifying key ingredients of successful programmes has been relatively slow’ (emphasis in original). This he attributes to ‘the particular analytic framework and the tools that were used’. The solution to this, Palmer (ibid., emphasis added, irony in original) summarised thus: ‘To make faster and better progress in identifying key ingredients one needs a broader and more integrated analytic framework and tool than those used to date to determine whether intervention works and, if so, which types . . . are successful.’ It is unclear to what exactly Palmer is referring when he writes of ‘a more integrated analytic framework’. However one solution is to conceptualise probation interventions as being aimed at altering some aspects of an individual’s social and personal circumstances (for example by assisting the probationer to become a wage-earner rather than a benefit claimant) but which are themselves open to influence by those same circumstances. Thus the probationer’s social circumstances and relationships with others are both the object of the intervention and the medium through which this change can be achieved. This, of course, means accepting that the social and personal circumstances are, in many respects, integral ‘parts’ of the programme of probation work. But how plausible is it to accept this? Joan Petersilia (1998: 563, emphasis added), in a recent introduction to probation and parole supervision, has observed that: ‘Both [probation and parole] are designed around the concept of offender reintegration, a key element 214 Probation, social context and desistance from crime: Developing developing the agenda of which is dealing with the offender’s problems in his or her social and community context.’ In other words, probation work is not divorced from community influences, and should not be evaluated as such. Writing from a British perspective, Rex (1998, 1999: 373) has noted that even the architects of cognitive programmes emphasised the requirement that effective supervision should also attend to the social and personal problems faced by probationers (Ross and Ross 1995: 8; cited in Rex 1999: 373). If, as seems reasonable, we accept that social circumstances are an integral element of what helps probation supervision to ‘work’, then ‘the community’ becomes an integral and constitutive component of probation supervision. 3 Giving those found guilty of offending, by way of probation supervision, the chance to address these circumstances is actually a part of what probation ‘is’ and what sets it apart from other sentences – most notably imprisonment. Therefore, part ‘of’ probation is allowing probationers to remain in the community and for them to develop techniques for tackling obstacles in a community context. As Haines (1990, cited in Rex 1999) and the current study have demonstrated, probationers and their networks are often more effective than statutory bodies in solving some obstacles, but this cannot happen if probationers are not in the community. Thus it does seem reasonable to accept that the influence of social and personal contexts is an element of ‘what probation is’. The changes in employment, personal relationships, homes and so on as experienced by the probationers in the current study, as well as being indirect functions of probation supervision, would have been much less likely had these people been subject to imprisonment. In many cases, therefore, probation supervision achieved an intended consequence (desistance) through unintended influences: chiefly changes in employment status and family formation. The answer to the question of whether probation works is a qualified ‘yes’. In many cases the work undertaken whilst on probation was of little direct help to many of the probationers; however the indirect impact of probation (i.e. naturally occurring changes in employment, accommodation and personal relationships) was of greater significance. ‘Of greater significance’ is unfortunately about as precise an estimation of the impact of social and personal contexts relative to probation work as can be made. It is impossible to quantify more accurately the role of these contexts, as Jock Young (1999: 130) has asserted: ‘the social world is a complex interactive entity in which any particular social intervention can have only a limited effect on other social events and where the calculation of this effect is always difficult.’ 215 ConclusionsWhat Works with Offenders Rethinking Encouraging desistance: what does this mean for probation practice? The foregoing analyses have suggested that motivation and changes in individuals’ social circumstances were the main ‘motors’ which drove desistance. Changes in motivation – when they did occur – appeared to be the result of changes in social and personal circumstances (see Chapter 7). Because the motivation to avoid further trouble either existed from very early on in the life of the order, or was fostered by changes in social and personal circumstances, this section focuses on how such changes in social circumstances can routinely be generated. This discussion is placed within the framework of human and social capital (Coleman 1988, 1990). These terms offer a way of conceptualising how probation practice might intervene in probationers’ lives to foster desistance in the light of the observation that desistance was often the result of social processes over which probationers and officers did not have full control. Human capital refers to the skills and knowledge which individuals possess and which enables them to apply for jobs, hold down work, achieve at work and so on. It ‘. . . is created by changes in persons that bring about skills and capabilities that make them able to act in new ways’ (Coleman 1988: s. 100). Clearly, poor or inadequate human capital will make gaining and keeping employment, for example, all the harder. Social capital, on the other hand: . . . is defined by its function. It is not a single entity but a variety of entities, with two elements in common: they all consist of some aspect of social structures, and they facilitate certain actions of actors – whether persons or corporate actors – within the structure. Like other forms of capital, social capital is productive, making possible the achievement of certain ends that in its absence would not be possible (ibid.: s. 98). The function of such a conceptualisation is to identify the value of ‘social capital’ to social actors as resources which they can use to achieve their interests (ibid.: s. 101). As such, social capital: . . . originates in socially structured relations between individuals, in families and in aggregations of individuals in neighbourhoods, churches, schools and so on. These relations facilitate social action by generating a knowledge and sense of obligation, expectations, trustworthiness, information channels norms and sanctions (Hagan and McCarthy 1997: 229). 216 Probation, social context and desistance from crime: Developing developing the agenda Examples of how social capital operated to assist desistance amongst probationers in the current sample are not hard to find. For example, Jamie (case 115, see Chapter 9) found the work which so dramatically altered his life via a family contact. Similarly, case 150 (Chapter 9) was not ‘kicked out’ of his parents’ house after finding work. 4 A further case (163) illustrates how social capital is ‘defined by its function’. The probationer, by finding somewhere stable to live, was able to use this resource as a base from which to apply for employment. Officers, when they took direct action to intervene in a probationer’s life, often did so by linking probationers to various forms of social capital – families, medical services, the police and housing agencies. Probation services already try to improve the human capital of the individuals they supervise by referring them to employment partnerships or by running short courses in ‘thinking skills’, safe drug use and so on. However, as Crow (2000: 121) has noted, studies of employment schemes have frequently been unable to demonstrate an impact on offending, a finding which he suggests is in part due to their being unable to address the wider problem of mass unemployment. In other words, such schemes were ultimately unable to act in such a way as to improve their participants’ social capital as they ultimately had little direct control of or influence over wider meso- and macro-level circumstances – in this case employment rates. Changes in social capital alter the possibilities for various forms of social activity. Coleman (1988: ss. 99–101) cites the example of South Korean student radical activists whose study groups served as the basis for transforming individual discontent into organised rebellion. These study groups constituted a device for organising wider forms of social protest. It follows that variations in other forms of social capital therefore may serve to encourage the avoidance of delinquent acts in some people and the engagement in offending by some others. Employment (or the lack of it) may serve just such a role: A key problem is that while for many youth early and sustained employment contacts enhance the prospects of getting a job and subsequent occupational mobility, connections into crime are likely in a converse way to increase the probability of unemployment (Hagan 1997: 299). Under [widespread youth unemployment], the peer group takes on a more important and more enduring dimension as the principal (if not only) source of security, status, sense of belonging and identity (Graham and Bowling 1995: 97). 217 ConclusionsWhat Works with Offenders Rethinking Inadequate availability of employment is perhaps the biggest obstacle to successfully traversing the gap between a troubled adolescent and the entry into a more stable adulthood (Hagan 1997: 299, emphasis added). These quotations suggest that as some forms of social capital are eroded (in this case, employment) so behaviours are altered, and that this frequently has implications for some people’s involvement in crime. This process was highlighted during the analyses presented in Chapters 9 and 10, during which employment and employment stability were frequently reported to be associated with desistance. Poor employment prospects encourage engagement in offending which may ultimately serve to block subsequent opportunities for legitimate employment and desistance. Hagan (1997) has argued that western industrialised nations have, during the last quarter of the twentieth century, witnessed an overall slow-down in economic growth. This has been: ‘. . . characterised by increased unemployment and income inequality, led by the loss and only partial replacement of core sector manufacturing jobs with less stable and poorer paying service sector jobs’ (ibid.: 289). Many of the poorest men and women were amongst those who lost most during this period of economic upheaval. These economic changes have resulted in huge social changes. For example, a significant proportion of young people leaving school will either expect not to work, will experience economic instability or may become accustomed to periodic unemployment. As well as helping to maintain the concentration of poverty, such changes will create: a social context that includes poor schools, inadequate job information networks, and a lack of legitimate employment opportunities [that] not only gives rise to weak labour force attachment, but increases the probability that individuals will be constrained to seek income derived from illegal and deviant activities (Wilson 1991: 10, cited in Hagan 1997: 292). In other words the economic changes of the last quarter of the twentieth century have resulted in reductions in human and social capital. 5 In less advantaged communities – similar to those in which many of the respondents in the present study were living – individuals, families and ‘aggregations of individuals’ will be amongst those who have experienced reductions in social capital. Those most likely to be made subject to probation orders are therefore amongst those most likely to have limited legitimate resources both in terms of their human 218 Probation, social context and desistance from crime: Developing developing the agenda capital (i.e. their own skills) and in terms of the skills and knowledge which permeate the communities in which they live (their social capital). Given that when they started probation, many of the probationers reported problems with their employment (55 per cent) and finances (53 per cent) and described themselves as having drug and alcohol problems (respectively, 34 per cent and 23 per cent), it is little wonder that about half of them reported offending during the course of their orders, or that officers’ efforts to tackle these obstacles appeared to have been so limited. As Moffitt (1993: 415) has noted: ‘Interventions with life-course persistent [offenders] have met with dismal results. This is not surprising, considering that most interventions are begun relatively late in the chain of cumulative continuity.’ These arguments suggest that the reason why ‘traditional’ one-to-one probation supervision and more recent innovations such as group programmes have experienced only limited success in helping probationers to desist is because, despite their good intentions, such interventions are unable to get at the heart of the problem facing many of those on probation. Human capital can be relatively easily gained – for example, group programmes can teach employment skills and partnerships can help to develop these – but ultimately if local social and economic circumstances do not encourage employment then no assistance – regardless of intensity, design or commitment of staff – will be of any help. As such the strengthening of social capital should become one of the aims of social and criminal justice policy and accordingly the focus of much of the work undertaken by probation services. How exactly should this proceed? Laub et al. (1995), building on Sampson and Laub (1993), outlined two substantive areas in which they felt criminal justice policy could make potentially fruitful interventions: strengthening marriages6 and increasing attachments to the labour force. Laub et al.’s contribution was not aimed specifically at the probation service, but at more general interventions. However, strong ties to marriage partners and employment have both been cited as factors in desistance and, as such, both will be considered here. Laub et al. (1995) were writing from an American perspective and, in this light, it is interesting to note their calls for the greater use of probation and parole as alternatives to custody. They argue that counselling should be available so that: offenders . . . become better spouses and [to] help them through crises in their marriages by making appropriate counselling readily available. Helping offenders repair personal relationships, 219 ConclusionsWhat Works with Offenders Rethinking salvage marriages or improve interpersonal relationships so that permanent relationships are possible will all in the long run, contribute to law-abiding behaviour (ibid.: 100–01). These sorts of provisions already exist in England and Wales, although their use would not appear to be widespread on the basis of the current study. From Chapters 6 (Table 6.5) and 9 (Table 9.2) it would appear that officers did not readily address the family-related obstacles to desistance which they had reported their probationers were facing. In some respects this is understandable: one hears a lot about probation work being concerned with ‘offending-related’ factors. However, this is perhaps mistaken. Probation officers should not focus on ‘offendingrelated’ factors but, rather, on ‘desistance-related’ factors. As Shover and Henderson (1995: 243, emphasis in original) have commented: [current repressive crime control policies] ignore entirely the theoretically obvious: Offenders’ behaviour can be changed not only by increasing threat but by also increasing legitimate opportunities. It is important to make this point if for no other reason than the fact that increased legitimate opportunities extend the choices to offenders . . . If probation work became desistance-focused rather than offendingrelated, officers may feel that they had a clearer mandate to help probationers tackle family problems. This may in turn result in a greater involvement of officers in the attempts to tackle such obstacles and greater success in actually resolving them. Laub et al. (1995) suggest that more should be done to increase the job prospects of probationers. They suggest that ‘any probationer or parolee who is not working should be required, as a condition . . ., to obtain work or appropriate job training’. This is, perhaps, rather draconian. No one should be forced into work if he or she does not wish to. However, the basic premise is still sound and, as such, raises the question: what can probation services do to alter significantly local economic contexts in such a way as to increase social capital and reduce offending? One recent development does offer the hope that probation services will be able to alter local contexts. Surrey and Inner London Probation Services have both initiated schemes aimed at developing local employment opportunities which will meet the needs of their caseloads. Interestingly, the project in Surrey aimed to provide ‘sheltered employment’ in the form of a recycling scheme. Early 220 Probation, social context and desistance from crime: Developing developing the agenda indications (Sarno et al. 1999, 2000) are encouraging, but a final evaluation is still a long way off. How might such schemes be developed in the future? It is not always easy to find work – and less easy still if one has few skills, a poor or non-existent employment record, a criminal conviction and knows few other people who work. Perhaps, then, probation services should – as well as referring some probationers to employment schemes – attempt to create jobs locally for their caseloads. In other words, probation services should provide sheltered employment in the form of schemes like the recycling scheme in Surrey. Probation services could find themselves being in a position to provide employment to suit a range of employment skills and needs. For example, a recycling scheme with its own chain of shops to sell some reclaimed goods and goods made from recycled materials would provide the following types of posts: people to collect the goods for recycling; people to sort them for sale or recycling; people to make new goods from old materials or to refurbish partially damaged goods; people to work in the shops; clerical assistants to process payments (to employees) and supervise revenue from shops; and so on. Clearly, not all these skills could be met by probation caseloads, but a high number of them could be. The aim of such a scheme would be to get people to the first rung of the employment ladder: a job. Employment provides a record of ‘employability’ in the form of people who can be approached to provide references and, as such, may well provide the basis of further jobs in other occupations. By offering work with a caring employer (the probation service) which understands the problems facing probationers, such as needing time off to attend court and probation appointments, and which is committed to a notion of social justice, schemes like those sketched above may be able to make a greater contribution to securing ‘good’ employment for probationers than has previously been the case. 7 Some may question the innovative nature of such schemes – those working on such schemes will be identified as ‘offenders’ and may be treated negatively by others. However, Chapman (1995) provides evidence that imaginative schemes aimed at intervening in local community problems can be successfully implemented. Certainly, current criminal justice policies based on ‘harshness’ may, in the long run, serve only to prolong criminal careers. As Shover (1996: 179) observes: In many [US] states, as matters stand today, the heaviest penalties fall at the point when many offenders are on the verge of desisting 221 ConclusionsWhat Works with Offenders Rethinking or shifting to less serious forms of crime. Heavy prison sentences can exact such a toll from offenders that they miss all timetables for achieving success legitimately. The most recent development in UK probation has been the creation of the National Probation Service. Whilst to be welcomed in that it raises the profile of probation, the programme of work and general orientation towards rehabilitation do not suggest that extra efforts will be aimed at helping probationers to find work or to ‘. . . become better spouses . . .’ (Laub et al. 1995). Instead the programme of work appears to differ little from what went before it, namely, ‘accredited’ programmes on anger management, thinking skills, ‘safe’ drug use and the such like. Getting people into work (like the Surrey and ILPS schemes) or encouraging people to become better parents and/or partners is not on the agenda as current probation thinking is about criminogenic need not desistance-orientated facilitators. This is in direct contradiction with most of the literature on why people stop offending and the findings of the current investigation into desistance following probation supervision and, incidentally, an argument promoted by Bottoms and McWilliams twenty years ago (1979: 175). What does this imply for the ‘what works?’ agenda? The methodology employed and the substantive findings of the study have implications for the ‘What Works?’ agenda. This body of work has sought to understand which programmes of intervention ‘work’ best (i.e. which are associated with the lowest rates of subsequent convictions). Many of the reviews undertaken in this field have come to the conclusion that very little can be demonstrated to work with unanimity (see the review in Chapter 1). As also noted in the same chapter, many of those who have researched the outcomes of community sentences have neglected to include the role of the community in their investigations of such outcomes. Palmer’s (1996) review of the evidence, discussed above, illustrates this tendency – ’non-programmatic’ aspects of interventions were considered only to extend as far as staff characteristics and so forth. By ignoring the role of social contexts, such evaluations ignore what is arguably one of the most important ingredients in probation supervision, and certainly the aspect which sets it apart from imprisonment. In short, future investigations of the outcomes of probation supervision should focus upon the role of the social contexts in assisting probationers to combat 222 Probation, social context and desistance from crime: Developing developing the agenda risk factors and ultimately to desist. Chiefly amongst these influences, the current study and the literature on desistance would suggest, are personal motivation, gaining employment and changes in family relations. This will require those interested in the ‘what works?’ debates to adopt a different approach to the investigation of sentence outcomes. It is not enough to collect data about an individual’s employment, accommodation, financial circumstances and so on – what is required is an understanding of how these impacted upon the work implemented under the auspices of probation and how probation influenced these factors. Interests in such bi-directional relationships will require repeated sweeps of data collection to explore these issues and how they change during the course of the period of supervision. Additionally, good, rigorously collected qualitative data should become part of the methodological toolbox of ‘What Works?’ evaluation. For too long attempts to evaluate which interventions are associated with better outcomes have relied solely upon quantitative data. Matthews and Pitts (2000: 138) have recently made similar calls in relation to violence-reduction programmes in prison: ‘. . . evaluation also needs to include more qualitative and ‘‘intensive’’ data gained from discussion with those who have actually participated in the programme’. Such an approach would not just provide information about whether a programme works, but how it works and how it works in specific contexts. The use of social and personal context variables in evaluation research Few recent studies have explored the roles of social and personal contexts in mediating the outcomes of probation supervision – or at least those that have, have not done so to the extent which the current project has. Writing towards the end of the report which helped to reinvigorate UK research on the outcomes of sentences, Lloyd et al. (1994: 54) called for more research aimed explicitly at exploring the role of social variables in accounting for rates of reconviction following community supervision. May (1999) took up this challenge. May’s investigation into the role of social variables in predicting reconviction produced a number of important findings. Some social variables were strongly related to reconviction rates (ibid.: 15–26), and were in fact so strongly related that even when age and previous guilty appearances were taken into consideration, social variables were still more strongly associated with reconviction rates than other criminal history variables (ibid.: 28–29). May (ibid.) concluded that, for some 223 ConclusionsWhat Works with Offenders Rethinking groups: ‘even when age and previous appearances [in court] are taken into account . . . social variables are still linked with differences in reconviction rates and . . . this association is stronger than that of other criminal history variables.’ Yet despite this, in his attempts at explaining reconviction following a ‘community sentence’ (the title of May’s monograph), he employed criminal history variables ahead of the social variables – that is to say, he attempted to explain reconviction rates using criminal history variables, and then investigated by how much social variables would improve the percentage of correctly predicted cases (ibid.: 27–44). The answer, not surprisingly, was ‘not very much’ (ibid.: 37). May made various assertions that social variables could be used to improve the predictive power of the current (criminal history dominated) models for some groups (e.g. ibid.: xi), but since in aggregate this amounted to only a half a per cent increase in correctly predicted cases and the fifth of a per cent decrease in incorrectly predicted cases (ibid.: 47, Table 6.2), it is hard to imagine that many of those who read May’s report would have been convinced of this. The net result, one fears, is that criminal history variables are likely to remain as the accepted ‘best predictors’ of future reconviction. This is politically convenient. By repeatedly pointing to (static) criminal history variables as the best predictors of reconviction, those social and economic factors which co-vary with much offending are overlooked. By focusing upon criminal history variables (about which nothing can be ‘done’) the social origins of offending and recidivism are neatly side-stepped. Cash-strapped local and national government departments need not address the social or economic factors associated with crime, since social variables appear to explain little of the variance. In addition, criminal policy-makers are not forced to promote unpopular, but criminologically sensible policies which might be interpreted as ‘rewarding’ past offending (Uggen and Piliavin 1998: 1421–22). Target hardening, ‘thinking skills’ courses, surveillance and longer sentences for repeat offenders are easier to implement than sustained efforts at changing people and communities. 8 The problem, perhaps, is an interchangeable use of the terms ‘explain’ and ‘predict’. May’s study demonstrated that, as far as reconviction data go, social variables do account for large variations in rates of reconviction. This held even when other variables were taken into consideration. However, despite their salience, May reverted to the (predictively weaker) criminal history variables and attempted to improve these by using the social variables. What would have happened, one wonders, if he had done the logical thing, and 224 Probation, social context and desistance from crime: Developing developing the agenda attempted to improve the percentage of cases correctly predicted by the social variables by adding to these the criminal history variables? Predicting reconviction is probably better achieved (for the purposes of official bodies such as probation services and the Home Office) by continuing to rely upon OGRS and criminal history variables. Explaining reconviction, however, as May’s own data suggest, requires the use of social variables – a finding supported by the data collected as part of this study. In short, the current study found that social and personal variables were found to account for variations in the extents to which obstacles (i.e. risk factors) were resolved; rates of offending; and rates of desistance. Criminal history variables, were, generally speaking, not as useful. It therefore follows, in line with May, that social variables should form part of our understanding of why probationers reoffend, and therefore should be treated as issues which need to be addressed by social and criminal policy. A greater use of social and personal variables should certainly be promoted. However, the insights gained from this project also support the assertions made by others (e.g. Haines 1999) concerning an important weakness in current approaches to research on criminal careers. Haines (ibid.: 266) points to one of the most common findings from criminal career research: that unemployment is associated with continued offending. However, as Haines argues, unemployment is not merely a problem for individuals, but is a social problem. 9 By focusing upon the behaviour and attributes of individuals (as much quantitative criminal career and What Works research does) this style of research focuses upon criminals rather than upon crime. This has two outcomes. Obviously there is first and foremost an inbuilt tendency to ignore wider social contexts. Whilst Chapters 8 and 9 suggested that gaining work was associated with reductions in offending, these jobs were the result not simply of an individual ‘getting on his or her bike’ and looking for work, but also of that work actually being there to be found, and an employer being prepared to offer a job to the probationer concerned. For example, would Sandra (discussed in Chapter 9) have been able to find employment so readily if it had not been for an employer deciding to risk employing an individual with little prior work experience and a conviction for stealing thousands of pounds from her previous employer? None of this should be taken as an attempt to discount the role of the probationer in getting employment, but rather to raise the issue that it is not just the individual who must be considered when such changes are (or are not) taking place or when these changes are attempted. As Farrall and Bowling (1999: 261, emphasis in original) wrote: ‘. . . the process of desistance is one that is 225 ConclusionsWhat Works with Offenders Rethinking produced through an interplay between individual choices, and a range of wider social forces, institutional and societal practices which are beyond the control of the individual.’ It would appear that the quantitative research programmes in both the criminal careers and ‘What Works?’ literatures have yet fully to get to grips with the social and personal contexts within which the processes of desistance are embedded – and this is especially the case in the UK. Again this is not to consign these bodies of work to the proverbial waste-bin but, rather, to highlight a current deficiency in order that it may be addressed. As such, the quantitative programme of research in both criminal careers and the ‘What Works?’ paradigms may be leading us to subtly incorrect conclusions. More research needs to be focused on how probation supervision and individual changes are influenced by local contexts. Whilst this project has investigated the role of social and personal contexts, what is required is a project which locates probation interventions and personal changes in relation to the structure of specific local communities. Moving the agenda forward As people who are interested in either helping others to stop offending or evaluating such efforts (or both), we need to develop a new research agenda. The simple focus upon ‘what works’ has not served us well. It has failed to embark upon a thorough enough investigation of social and personal contexts, become overly reliant upon official data sources and official definitions of ‘success’ and ‘failure’, and has had a tendency to analyse data in ways which can only be described as ‘static’. The current research project has attempted to go beyond the rather limited methodologies which have dominated this field of research. In the light of the current project, a programme of research can be identified. Such research should not rely solely upon official data sources, should develop a range of ‘outcome’ measures which are not based on simple reconviction/reoffending data and which is prospective rather than retrospective. On the basis of the findings of this study such a research agenda should focus upon two main areas: 1. what individual officers/the wider probation service can do about addressing not just offending-related factors but also desistancerelated needs; and 2. how probationers’ social capital can be increased in such a way as to foster desistance. 226 Probation, social context and desistance from crime: Developing developing the agenda The first of these is perhaps the more straightforward of the two suggestions. Desistance, it is widely becoming accepted, is often the result of attachments to the labour force or to marriage partners or both (see, for example, Sampson and Laub 1993). The current research has found evidence to support these claims. The project also found that officers appeared to be reluctant to work with their probationers to address family and employment obstacles. Yet when officers did assist their probationers, their work appeared to supplement the efforts of the probationers and to be associated with greater rates of success (Table 9.2b, Chapter 9). This reinforces the arguments put forward by Bottoms and McWilliams over twenty years ago (1979: 172–75) when they wrote that ‘. . . help may be more crime-reducing than treatment’ (ibid.: 174). As such, more effort should be focused on how officers can support probationers address either their existing family problems, or attempting to prepare them for events like parenthood. Similarly, more effort should be focused on getting probationers into employment (Bridges 1998). This might entail a shift in the orientation of probation work. One probationer [065], when asked what would prevent him from reoffending, replied: Something to do with self-progression. Something to show people what they are capable of doing. I thought that that was what [my officer] should be about. It’s finding people’s abilities and nourishing and making them work for those things. Not very consistent with going back on what they have done wrong and trying to work out why – ’cause it’s all going around on what’s happened – what you’ve already been punished for – why not go forward into something . . . For instance, you might be good at writing – push that forward, progress that, rather than saying ‘well look, why did you kick that bloke’s head in? Do you think we should go back into anger management courses?’ when all you want to be is a writer. Does that make any sense to you at all? Yeah, yeah. To sum it up, you’re saying you should look forwards not back. Yeah. I know that you do have to look back to a certain extent to make sure that you don’t end up like that [again]. The whole order seems to be about going back and back and back. There doesn’t seem to be much ‘forward’. In other words, probation should assess what people require in their lives to ensure that they stop offending and then attempt to produce these features in their lives in such a way that they do actually stop offending. This might mean, for example, officers assessing whether a 227 ConclusionsWhat Works with Offenders Rethinking probationer’s family offers him or her an avenue towards desistance (see Chapter 9). Of course, such efforts should be addressed in the contexts in which the probationer is living. Increasing individuals’ social capital will probably ultimately mean providing them with legitimate employment, which will in turn help to foster the sorts of ties and social contacts which allow for the development of social capital. It is unclear exactly how well probation services will be able to influence local economic conditions. The suggestion made earlier, that probation services develop in some way employment schemes in which they are able to offer probationers work rather than referring them to other agencies, may be only one amongst a number of solutions. Other possible solutions would involve concerted efforts aimed at reinvesting in some of the most deprived and crime-ridden inner-city areas. These suggestions entail a further point. Namely, a step back from the exclusive focus on cognitive behavioural work which has dominated the probation work and ‘What Works?’ agendas in recent years. As Rex (1999: 373) has correctly noted, even the original architects of such programmes saw them as complementing the social and economic problems faced by probationers. This is not to suggest that cognitive behavioural work is to be abandoned but, rather, that whilst it correctly focuses on increasing probationers’ human capital, it is unable to address the wider social contexts in which these probationers live and as such is unable to address such social and economic needs. What is required is a research project which attempts to ‘fuse’ together developments in individual cognitive abilities and changes in their social contexts. The current project has suggested that probation supervision ‘works’ indirectly through allowing the probationer’s life to develop positively. Ensuring how best to enable those developments to occur and designing working practices which will enable probation officers to intervene more readily should form the next stage of research into probation effectiveness. Notes 1 Because the trends which emerged from officers’ and probationers’ reports of the relationships between facing obstacles, overcoming these obstacles and social contexts were very similar (see Figures 7.1, 7.2, 9.1 and 9.2), we concentrate here on the probationers’ reports. 2 These measures are summations of the social circumstances which probationers reported were ‘problems’. Those with fewer than two problematic 228 Probation, social context and desistance from crime: Developing developing the agenda 3 4 5 6 7 8 9 social circumstances were classified as having good social contexts, whilst those with three or more as having poor social contexts. The ultimate test of this is to try to imagine what probation supervision would ‘look like’ if probationers were not in the community. What would officers attempt to ‘do’ with those they supervised? What would be discussed during supervisions? What would the goals of such a probation order be? Trying to conceptualise probation as separate from ‘the community’ is like trying to imagine imprisonment without the loss of liberty. Living with one’s parents has been found to act as a protective factor against offending for males – see, for example, Graham and Bowling (1995). These processes should not be thought of as being either irreversible or uniformly distributed. In informal conservations undertaken during the fieldwork for the project, several probation officers expressed their opinions that ‘one of the best things we could do to help these young lads is to start a dating agency’. Clearly impractical, but nevertheless interesting to note in the light of the some of the findings reported above. If this sounds familiar to historians of the probation service, this may be because many of the precursors of probation supervision placed an emphasis on providing offenders with suitable employment – see, for example, Bochel (1976: 4). Although, see the New Deal for Communities programme, interestingly a project being run by the Department of the Environment, Transport and the Regions project, rather than the Home Office. Haines’ point underlines the earlier comments regarding the development of social capital. Unemployed people living in areas in which unemployment is rife will have fewer chances of gaining work through friends’ and neighbours’ contacts. 229 Chapter 13 Rethinking . . . 20 years later Rethinking . . .20 years later What happened next? In this chapter, I will provide an update on the two subsequent sweeps of interviews (in 2004 and 2010–2012), in order to – if only partially – answer the question ‘What happened next?’ The answer I provide relates to both the lives of the individuals involved in the project and the project more generally. This chapter also allows me to summarise my thinking on both a more general theory of desistance and a theory of what might be termed ‘assisted desistance’ – that is desistance supported by a formal organisation such as a probation service or drug or alcohol treatment provider. I will also take the chance to reflect on wider developments in the field of desistance and criminal careers more generally. What happened next? The fieldwork for Rethinking What Works with Offenders had ended in late 1999, and by the time the manuscript was completed, I had left Oxford and taken up a Research Fellowship in the Department of Criminology at Keele University. This afforded me the chance to revisit the sample via fieldwork, which was funded by the Leverhulme Trust and published as Farrall and Calverley 2006. The fieldwork focused on a number of topics, such as the victimisation of the sample (updating an article which Sarah Maltby and I had published in in 2003), the emotional trajectories of desistance, citizenship values and desistance and the development of the sample’s social lives in general. It was however, perhaps inevitably, that the chapter dealing with the longer-term effects of their probation supervision (Chapter 3) became the main focus for many readers. DOI: 10.4324/9781003143789-17 231 Conclusions This chapter, however, delivered a very similar (that is, rather downbeat) assessment of the impact of probation supervision on the lives of these men and women. Very few of them had changed their assessments of the extent to which probation supervision had helped them. There were, for some, the first signs of probation supervision being cited by sample members as one of the things which helped them either to start to consider ceasing their engagement in crime or which assisted in with practical problems related to desisting. Nevertheless, the overall picture of the assistance of probation supervision in helping to ‘produce’ desistance was still rather sparse. The fifth (and in all likelihood final) sweep of interviews took place between 2010 and 2012 (and was again funded by the Leverhulme Trust, and published as Farrall, Hunter, Sharpe, & Calverley, 2014). As in the previous book (Farrall & Calverley, 2006) we explored the emotional trajectories of desistance, victimisation rates for the sample, citizenship values and desistance and, for the first time, the spatial dynamics of desistance. It was, however, the chapters on the development of the sample’s social lives and the impact of probation supervision upon their lives which garnered the most attention. Whilst it was still the case that many of the sample were still offending, amongst those who had stopped offending there was a growing recognition that the probation supervision which they had received in the very late 1990s had, in fact, assisted them in stopping offending. The seeming volte-face was so unexpected that one colleague (who had read both of the previous books) after one talk I gave on the topic, asked me, “What made you change your mind?” The answer, of course, was that the growing recognition that probation had assisted them was not a decision which I had taken; I (and my co-authors) were simply reporting on the change in recognition as told to us by the sample members. It was the sample members who had changed their minds (some of them), rather than ourselves. Nevertheless, the question is a good one (even if posed to the wrong person!). It begs the question of why, during and shortly after the inputs which they had received, the sample members had not recognised the help they had received, whilst some years later, they now did acknowledge the importance of it. The finding that some of the sample now felt that supervision had helped them went against much of the thinking on inputs and decay times. We reflected on this matter in the third book (Farrall et al., 2014, p. 157): Why have they changed their minds? We suspect that a number of things are at play here. Certainly the lives of many of those we 232 Rethinking . . . 20 years later interviewed had developed (employment found, relationships formed, children born, and so on) and with this often came desistance (Sampson & Laub, 1993). But, crucially, these drivers to desistance had required sample members to revisit what their officers had said to them, and to start to think about and apply some of this advice. This complicates standard models of how people change. Instead of people thinking about change and then seeking advice about how to effect change, we have observed the reverse: the advice about how to change was delivered many years before the desire to change, but was still able to play a key part in those processes of change. In this respect our data challenges some of the key assumptions of decay in many interventions. Instead of interventions decaying over time (as Figure 13.1), it is possible that for many their impacts actually increased (Figure 13.2). If supported by other studies, this suggests that ‘full’ assessments of probation supervision (or any other efforts to encourage individual-level change) ought to focus on periods beyond the common one- or two-year follow-ups. Level of Impact The analogy which I used when talking about this was of the headache. If I have a headache, I take a tablet, which fairly quickly alleviates the headache. If, when the effects of the tablet have worn off, I still have a headache, I might take another one, and, if it persists further, seek medical advice. The assumption in much medical research, which has sometimes been used without very much reflection in some branches of the social sciences, is that an input will, over time, suffer from decay, and in so doing will produce less of an impact over time. This, of course, Time Figure 13.1 Assumed Model of Impact 233 Level of Impact Conclusions Time Figure 13.2 Possible Model of Impact? makes sense if we are, for example, (using a criminological example) trying to assess the impact of burglary alarms in houses or other buildings. When first fitted they may immediately deter some burglars. Those with little experience (opportunists) may simply look for alternative places to burgle. Others, the more determined, might try to work out how to disable the alarm and continue to burgle. That might take some time and several failed efforts. Still further down the line, new alarms (or other deterrents) may be employed, meaning that those buildings with older-style alarms actually become more attractive options for burglars when compared to the new deterrents. Either way, over time there is a decay effect. Similar effects might be observed for all sorts of physical inputs. But what of humans? Humans are reflexive animals. They learn, ‘unlearn’, relearn, adapt and amend as they go along. The advice which they received (not all of which will come from probation officers) might well be remembered several years later. As it happened, one of the cases followed up during the fifth sweep (Peter) had had a probation officer who observed (several years earlier) that, ‘Sometimes when you say something that sticks in the mind [it] comes out only a long time after the event. Sometimes people remind you of something you said five years ago’. Looking back to that interview in 1998, her words seem prophetic. Of course, this is not simply to say that we ought to ‘lag’ all outcomes by several years (or over a decade, in the case of Peter), since there were still cases who rejected the idea that probation may have helped them stop offending. However, it does raise another set of questions which relate to what helps people cease offending and how we ought to approach this theoretically and empirically. 234 Rethinking . . . 20 years later An integrated theory of structural and individual level processes and criminal careers Following my interest in both wider structures and how these interact with agency (see for example, Farrall & Bowling, 1999; or Farrall et al., 2011), and concurrent with the fieldwork for the fifth sweep, an interest in how political decisions affect crime rates (e.g. Farrall & Hay, 2010), I sketched the outline of a theory of desistance which we presented in the third book (Farrall et al., 2014). This theory tried to take seriously the idea that macro-level processes can and do shape individual-level outcomes (relating to all sorts of outcomes, not just crime and offending), whilst holding on to the very real facts that men and women make choices day-in, day-out; that these too can have great impacts upon their lives; and that situational contexts also shape events and processes. Figure 13.3 is a diagrammatical representation of this theory. The three bands running along the top of the diagram represent different macro-level influences which shape all (or at the very least, most) of the lives of most people living in a particular society. That these affect all lives does not mean that it affects all lives in the same ways or with the same outcomes, however. The attacks on New York and the Pentagon in 2001, the economic downturns of 2008–2010 and slow shifts in some social attitudes can all have transformative effects on peoples’ lives but will have affected some social groups more than others and reduced the life chances of some whilst enhancing those of other groups. The macro-level influences in the top band are broadly unchanging, or at best change only very slowly. So, for example, almost all human societies have a social institution which can be thought of as ‘the family’. The definition of what constitutes a family may alter over time for both individuals and societies, but the general concept remains. Similarly, almost all societies have constructed some behaviours as acts which are ‘crimes’ (and again, the definition of these will evolve over time). Hence a criminal justice system (or something like) is needed to respond to rule-breaking. There are also those less easily identifiable influences such as collective aspirations and fears (the zeitgeist) which can set the tone of what is imaginable and tolerable in, for example, the criminal justice system, levels of economic inequality, which jobs are worthy of high salaries and so on. Again these will periodically experience shifts and oscillations in their definitions. Below these is another tier of macro-level influences on desistance – albeit one which changes less slowly. Naturally, the speed of change will be variable (and may accelerate or slow down rapidly). For example, economic systems may suddenly enter recessions. Similarly, not 235 PAST Rela!onships between individual social (both between well known others and the and played out in specific places in specific actors over !me unknown/‘lightly engaged’ contexts of meaning) Changes in values (crime and non-criminal) and cogni!ve orienta!ons (willingness/desire to Subjec!ve views (and objec!ve reali!es) of structures, rela!onships, one’s own abili!es (and changes in these) Previous experiences of the CJS … (unfolds over !me).See also Fig 13.1 Influences of specific social policies … (unfolds over !me) Situa!onal Contexts Figure 13.3 Structural and Individual Level Processes and Criminal Careers Ethnic Iden!ty and Gender Macro-level inputs (rapidly changing); o"en the results of ‘shocks’ to the system (e.g., 9/11 or sudden economic restructuring) Nature and Length of Past Criminal Career 236 FUTURE change) Hopes, wants and desires (can change over !me) Availability of legi!mate iden!!es for desisters (structurally influenced) Macro-level inputs (slowly changing); economic situa!ons; social values; Acts of Parliament; no!ons of fatherhood; rise of the risk agenda; changes in transi!ons to adulthood Macro-level inputs (broadly unchanging); the concept of ‘crime’; founda!onal social ins!tu!ons (e.g. families); collec!ve hopes and aspira!ons (eg ‘the American Dream’) Conclusions Rethinking . . . 20 years later all social groups will be equally affected. For example, ex-prisoners, in addition to facing particular difficulties in gaining employment as a result of the stigma of conviction and the attenuation of skills that takes place during incarceration, have lower rates of employment than the general population. Acts of Parliaments may additionally radically shift the response to a particular social problem. In some instances, the impact may be incremental and take several years to start to influence outcomes, or in other cases legislation may dramatically alter the prospects for change for some groups. Changes in crime types and definitions can also be thought of as operating at this level, since new crimes are created by legislation, and the political and social salience of some crime types change. Of course, some shocks to any system come with little warning, and whilst these are few and far between, some may be critical for some individuals. For example, Rob MacDonald and his colleagues (e.g. MacDonald & Marsh, 2006) found that the arrival of heroin in Teesside during the mid-1990s dramatically changed the nature and length of offenders’ criminal careers. Similarly, economic recessions will have particularly negative impacts on the employment chances of those in insecure and temporary work. Given that many in the initial stages of forging new identities might be reliant upon insecure employment, recessions might impact on their chances of desisting from crime. Although we have separated various macro-level influences according to the speed at which they may change, it is worth remembering that there may still be interactions between ‘levels’ of influence. For example, what constitutes a crime is affected by criminal justice legislation, whilst cultural shifts in understandings of parenthood will affect the family as a social institution. These things matter since economic downturns will encourage some people into offending (Farrall, Gray, & Jones, 2020b) and may make it harder for them to stop later, whilst attitudes akin to racism have the potential to see different ethnic groups treated differentially by systems relating to schools, housing and criminal justice. Hence macro-level influences and processes can alter the life-courses of whole cohorts of people and, within them, the experiences of certain groups (Farrall et al 2020a, 2020b and 2019). The two columns on the left-most side of Figure 13.3 deal with individual-level influences. An individual’s gender and ethnicity are known to shape the opportunities that are presented to them throughout their life-course. All of us carry with us unconsciously ideas about how others will treat us on the basis of our gender, age, ethnicity, and so on (Bourdieu’s ‘doxa’, 1977, p. 164). An individual’s past biography may influence their desistance, and studies appear to suggest that these routes 237 Conclusions away from crime are likely to be mediated by ethnicity and gender (Uggen & Kruttschnitt, 1998; Calverley, 2013). One factor that appears to influence the character of pathways out of crime is the nature and length of the previous criminal career; those with histories of alcohol or substance dependency or who have spent considerable periods in prison may face more obstacles to desistance, especially if this has damaged relationships with family members or non-drug-dependent friends. Those with longer or more intensive criminal careers may well require a greater degree of rebuilding of their core selves (and hence many turn to religion or to quasi-religious forms of belief in order to make such changes possible, intelligible and sustainable). Whilst these aspects of their lives are rooted in individuals’ pasts, they have the power to influence subsequent relationships and behaviours and accordingly imply much for individuals’ future identities. Figure 13.3 contains an oval towards the bottom of it. This represents routine social interactions and relationships between individuals. It is an oval, as not all relationships extend far backwards in time (some people we have only known briefly), and nor will all last for the rest of one’s lifetime. These relationships can help to kick-start and sustain desistance, whilst others may interrupt it. Cutting down into this oval is a column labelled ‘Situational Contexts’. These are the specific circumstances, chapters, events or processes in individuals’ lives (such as moving to a new town, starting a family or developing a religious faith). These situational contexts have the power to shape processes of desistance and may present fertile conditions for it or contexts in which it is frequently impeded but are not frequently examined. Running from left to right in Figure 13.3 are four further rows. The top two rows relate to experiences of the criminal justice system. Generally speaking, direct experiences of the criminal justice system will reduce as an individual desists (since they are being arrested and convicted at much lower rates). Nevertheless, and as the fifth sweep of interviews showed, the input of criminal justice system can help to assist desistance even in the years after the input was first made (Farrall et al., 2014). Of course, repeated and prolonged exposure to the criminal justice system, particularly amongst individuals who have been imprisoned multiple times or subject to lengthy or intensive post-release parole supervision requirements, may become so dramatically cumulative to the point that even if an individual does cease to offend they carry with them a legacy of their earlier sentences. This can lead to individuals ‘giving up’ on efforts to desist, as documented by Halsey, Armstrong, and Wright (2016). One such legacy is exemplified by the disruption and damage that imprisonment can cause to significant relationships, the impact 238 Rethinking . . . 20 years later incarceration can have on employment prospects, and the dislocation identified by prisoners who feel that the world outside prison moves on without them (Visher & Travis, 2003; Farrall & Calverley, 2006). We have also documented evidence that some criminal justice workers leave imprints on those they have supervised (Farrall & Calverley, 2006; Farrall et al., 2014). In other words, some of what criminal justice workers say or try to convey was remembered by our sample members. After their supervision had ended, and often when their circumstances had changed and they now definitely wanted to try to change their lives, such advice was recalled and employed (probably in adaptive ways). Equally, the impact of many social policies will ebb and flow over time. In some instances, changes in social and economic policies will dramatically alter the fortunes of some (Farrall, Gray, & Jones, 2020a; Farrall et al., 2020b). Similarly, some policies may never have the desired impacts, may have these only much later or may be superseded by events or further policy changes. The bottom two rows relate to an individual’s on-going social relationships. These build into our thinking their views of structures, of relationships and of their own abilities, as well as changes in personal values and orientations to the world and the way it works, (in other words, the ‘habitus’, Bourdieu, 1977). Even if a relationship has kick-started desistance, it might itself end (as some may do). However, despite the end of the relationship, the change in attitudes and values which helped to maintain law-abiding behaviour may persist. As such, it is important to remember that relationships are dynamic and can change and develop over time and extend into the future, influencing hopes and desires. As Farrall and Calverley (2006, p. 129) note, the ‘emotional aspects of desistance are part of the feelings experienced by a wider social network of people other than the desister ’. Consequently, the (re) fashioning of an identity for oneself is dependent on considering one’s existing identity as others see it. Personal support, mutual trust, and validation of one’s worth as a human being (rather than ‘an offender ’) will play a part here (Brown & Ross, 2010). So too will individual resolve or resilience: evidence from a follow-up of ex-prisoners suggests that the individual’s ability to weather setbacks or to spot new opportunities can greatly influence post-imprisonment outcomes (LeBel, Burnett, Maruna, & Bushway, 2008). Part of this resolve will be produced via recollections of one’s previous life and may result in individuals ‘dedicating’ themselves to some new lifestyle (Vaughan, 2007, p. 395). As we found in earlier research (Farrall & Calverley, 2006; Farrall et al., 2014), such 239 Conclusions changes in self-identity may result in deliberate attempts to avoid certain places or may alter an individual’s relationship with those places and in so doing may change the sorts of situational contexts they encounter. My work on desistance has drawn upon existential thinking on processes of change. The right-hand side of Figure 13.3 contains a triangle, which is an attempt to represent the idea that lives are lived into the future; they are on-going projects of the self and of change. Human being often imagine their future lives and project themselves forward into the unlived future as part of their immediate day-to-day lives and as part of their concern for their own future over longer time periods. However, the extent to which ex-offenders can achieve their desires and goals is to some extent dependent on the availability for them of legitimate identities, and in societies that prevent ex-offenders from full engagement in social and economic life we imagine that more would-be desisters will return to their old (criminal) behaviours. No one study would be sufficient to explore the theory outlined previously – and it is perhaps too fluid to be fully tested in terms of specific hypotheses in any case. Neverthesless, as well as the fieldwork which this series of books relied on, I have been fortunate enough to be able to extend both my own thinking and empirical examination of the theory outlined previously. With Will Jennings, Emily Gray, Colin Hay and Phil Jones, I have been able to explore the extent to which processes at the very macro-level and the individual level have altered the general social and economic circumstances and hence shaped criminal careers and the criminal justice system. Various of our papers have dealt with the ways in which macro-level policies (some shaped by specific Acts of Parliament) changed both rates of crime and the ways in which crime was responded to. In two papers, we have explored the ways in which the 1980 Housing Act first corralled poorer citizens of the UK into social housing, increasing victimisation rates amongst those communities (Farrall, Gray, Jennings, & Hay, 2016), and secondly, how the same Act made it likely that poorer people were slowly drawn into the criminal justice system (Farrall, Gray, & Jones, 2019). These were processes which were driving some sections of society into such dire needs that they needed to rely on crime for survival or out of expression of their harm they were experiencing. We found them rooted in the housing system but also in the schooling system (Farrall et al., 2020a). The consequence of the huge economic downturn which the UK experienced in the 1980s (Jennings, Farrall, & Bevan, 2012; Farrall & Jennings, 2012) drove up crime and ‘hardened’ the criminal justice system (Farrall, Burke, & Hay, 2016). As such the macro-level policies pursued by the 240 Rethinking . . . 20 years later Thatcher governments shaped the contexts of peoples’ lives during the 1980s (and arguably, since), and altered the situational contexts in which they found themselves. Our more recent modelling of life-course data (Farrall et al., 2020b) has suggested that county-level experiences of economic restructuring between 1971 and 1981 were very good predictors of the offending careers between 1986 and 2000 for a cohort of people born in Britain in 1970. In short, the economic and social policies pursued from 1979 pushed some people into situations in which offending ‘made sense’ even if the long-term consequences of offending were deleterious. The fourth and fifth sweeps of the fieldwork on which this and the other two books were based touched on many of the other aspects of the theory outlined previously. We explored, for example, the ways in which day-to-day routines shaped and were shaped by offending and non-offending life styles; how values about being ‘a good citizen’ went hand in hand with desistance and how emotions developed as people ceased to offend. Whilst the previous outline represents a theory of criminal careers which touches on many of the influences which appear most salient, in the 2014 book we also outlined a theory of assisted desistance, which I will outline and review in the next section. A theory of assisted desistance Based on the observations derived from the analyses of the data collected during all five sweeps, my colleagues and I outlined model of probation supervision impact as we believe it took place for our sample members. We thought of this as being located within the wider model I have reviewed and expanded upon previously (Figure 13.3). I am fortune enough to have recently been able to revisit this model with Isabelle F.-Dufour and Marie-Pierre Villeneuve (Villeneuve, F.-Dufour, & Farrall, 2021). As illustrated in Figure 13.4, formal agents assist: change does not systematically come from formal interventions. Probation staff can guide would-be desisters in moving towards desistance, but they can do little to force it to happen. Opportunities can ‘kick-start’ the process of thinking about change (F.-Dufour & Brassard, 2014). The box on the far left of Figure 13.4 represents the life circumstances of the probationer (or parolee) and the changes which the court may have imposed upon them. Crucially, however, it also includes the insights gained from probation supervision. These may have come from direct advice and instruction from officers; or indirectly through the actions officers perform that come to be viewed positively by probationers; or 241 242 Minimal desire to change + Desistancefocused practice The start of the process of thinking about change Recollection and use of insight / knowledge Accessing opportunities for (testing) change Life changes (e.g. partnership, employment, accommodation, relationships) [t1] Positive feedbacks / Experiences of social recognition and citizenship Little / no immediate response (especially if dealing with long term entrenched or structural issues) (A Process Subject to Feedback) Figure 13.4 Model of Impact of Assisted Desistance in Formal Settings Life changes imposed by the order/sentence and insights from CJS staff High degree of embeddedness Individual circumstances: ‘Naturally’ occurring possibilities for life change (partnership; parenthood; employment) Episodes of good fortune and the outcone of macro-level policies can shape … ! Increased desire / Willingness to change (Iterative processes) Reorientation towards conventional goals Life changes (e.g. partnership, employment, accommodation, relationships) [t2] Sustained efforts at ‘moving away’ from crime / actual moving away (desistance) Conclusions Rethinking . . . 20 years later derived from conversations with officers in which the officer was ‘simply’ acting as a sounding board for the probationer’s own ideas. Regardless, they are inputs in which the probation officer has made a contribution – even if it simply to acknowledge and legitimate a positive idea or approach stemming from the probationer. Integrated into this will be any conditions imposed by the court (such as to reside in a particular place, seek treatment for some sort of addiction etc.). The speed and degree of success which this input will have depends on a number of things. In this case I want to focus on just two them; the degree of embeddedness in a criminal lifestyle an individual may have and their desire to change (i.e. to stop offending). The former represents the extent to which the wider situation of the probationer’s life is conducive to further offending. This could include, for example, the extent to which their peers and/or partner sanction or participate in crime or the presence or absence of drug or alcohol addictions that increase or decrease the likelihood of further offending. The latter encapsulates what we might term ‘subjective’ factors that contribute to the individual’s attitude towards crime and to changing his or her life. For example, does the probationer want to stop offending, and do they feel able to in the face of any obstacles to desistance they may encounter? Within the context of probation supervision impact ‘desire and willingness’ can also be thought of as the extent to which probationers feel able to work with their officer towards common goals. Such embeddedness and desire to change act on the probationer’s responsiveness to the work done by their officer. The stronger the desire to change and the lower the level of embeddedness in criminogenic situations, the more likely the probationer is to be immediately responsive to the work done by their probation officer. Let us assume two extremes here, first a case with low levels of embeddedness and a high level of motivation to change. For them, the process of change may be relatively easy. Being keen to change and not being embedded in a lifestyle which makes crime a legitimate and attractive option, they might be able to disassociate from others who regularly offend and devote themselves to a more conventional lifestyle, employing where appropriate any advice from their probation officer. Such cases are relatively unproblematic, probably fairly rare and need not really delay us much more. Contrast this with an individual who is much more heavily embedded in offending (this individual is characterised in Figure 13.4). In these cases, there may be requirements imposed by the courts. These might produce changes in the individual’s personal circumstances, which might over time, start processes of desistance. The insights given by their officer will, in all likelihood, not be responded to immediately. How then do 243 Conclusions the insights gained from probation supervision ‘work’ when there is no immediate response or change (or even the desire to change)? We found in Farrall et al. (2014) that rather than being ‘permanently’ dismissed, even insights which might not be immediately responded to positively are ‘stored’ until such time as the probationer is more receptive to them. In effect the inputs ‘lie dormant’ until the probationer is more ready to deploy them. An increased receptiveness, we found, occurred as a result of wider changes in the individual’s life. Events such as employment or becoming a parent may impact on one’s desire to change and also the degree of embeddedness (for example, employment leading to reduced time spent with peers). Such events have the effect of ‘kick-starting’ the process of thinking about change, initiating a reorientation towards conventional goals combined with a consideration of how such goals might be achieved. As part of this process, the earlier advice of an officer might be recalled with greater resonance. Insights given might come to be more explicitly used in the individual’s new situation, or practical help may now be of more direct use. Recollection of a probation officer’s advice as being a possible way to achieve conventional goals increases the chance it will be used, in turn leading to sustained attempts to move away from offending. If you wanted a layperson’s description of it, you might say ‘something clicked’ and they saw things in a new way. However, life changes, reorientation towards conventional goals and the recollection and use of an officer’s advice do not follow a strict causal sequence. Such ‘events’ and processes are iterative and subject to feedback loops, whereby things that feel like they ‘work’ feed back to the next decision on a recurring process which over a period of time one might describe as ‘the process of change’. So it is that a reorientation towards conventional goals might lead to a recollection of a probation officer’s advice about finding employment. Similarly, successfully using an officer’s advice may lead to a greater attentiveness to other knowledge that has been imparted. It is the interplay of these factors that makes the causal relationships involved in probation supervision and desistance from crime difficult to untangle; feedback loops and iterative processes are common and dominate. Some may, with some understandable irritation, throw up their hands in exasperation; all of this is too contingent, too vague, too slippery, too imprecise for either policy-makers and practitioners to work with or for social scientists to test. Well, bad news: this is how these processes actually are for those living through them. Periods of change aren’t easy, smooth, well-ordered or easily captured. As social scientists we need to develop theories with sufficient flexibility to allow for variations in processes for different individuals and groups of people; and policy-makers need to have confidence in practitioners 244 Rethinking . . . 20 years later to trust their expertise in helping individuals to navigate such changes. Of late (and I would date this from ‘de-linking’ probation training from social work training in the late 1990s by Michael Howard) there has not been much trust in probation officers. When more effort ought to have been put into training probation staff, to encouraging one-to-one work, we saw a series of much-lauded groupwork programmes, many of which either did not produce the desired results, or in the case of some of the sex offender groupwork programmes resulted in higher rates of offending. Just as we re-invent the architecture of probation in England and Wales again (following the utterly predictable outcomes of the ‘failing Grayling’ era), now is a time to re-invest in one-to-one supervision and this time to ditch all of the (frankly absurd) claims that probation services ‘own’ the desistance of their supervisees. Our understanding of why and how people stop offending has moved on since the 1980s and the start of the What Works? movement; we now understand much, much more clearly than previously that desistance is ‘produced through an interplay between individual choices, and a range of wider social forces, institutional and societal practices which are beyond the control of the individual’ (Farrall & Bowling, 1999, p. 261). My recent work with Emily Gray and Phil Jones (Farrall et al., 2020a, 2020b) has only further convinced me that a) macro-level processes such as the economy and government policies shape lives and offending careers more than previously acknowledged and b) that the focus on What Works is therefore posing a crucial question at simultaneously too low and too high a level of abstraction. By which I mean that the answers (note the plural) to the question of ‘what works’ need to explore macro-level process and individual-level actions to a far greater extent than they have hitherto. One has to remember of course, that for many on probation or being supervised on release from prison, girlfriends, boyfriends, brothers, sisters, mums, dads, mates and other people in their informal social networks will be more important than their probation officer. These relationships will ebb and flow, of course, and some will fade out (recall the oval in Figure 13.3). Sitting ‘on top’ of all of these messy, incoherent and beautifully complex lives of real people are the decisions of much more powerfully located individuals and organisations – and these have not yet fully entered our thinking. People make decisions about their lives and lifestyles, in many cases, ahead of its impact of their engagement in crime. Let’s imagine an individual whose partner gets pregnant and wants to move to be closer to her parents; they move nearer to her parents, but this is done with a view to the impending birth, rather than because it affects involvement in crime. In some cases, desistance is the result of a planned activity, however. An individual might consciously 245 Conclusions decide to disassociate from a circle of friends or family members in order to try to start to desist, but in many cases desistance is the result of ‘side-bets’ as Sampson and Laub put it (1993). We need to create the conditions in which the side-bets which Sampson and Laub described are realisable. Top-down actions enable those towards the bottom (and I think we can agree that most people enmeshed in the criminal justice system are towards the bottom of the social hierarchy) to make the ‘right’ decisions. Moffatt’s review of the opportunities and challenges of embedding ‘desistance thinking’ into criminal justice systems notes that the management culture of the English and Welsh criminal justice system has failed those it supervises. In a critique of some of the changes which it has undergone, he writes: The demand to reach targets affected the working culture within probation. A new level of managers was recruited to deal with the influx of accredited programmes, many of whom did not deal directly with offenders. They were seen as ‘inordinately obsessed with meeting targets and practice becoming secondary as ‘it wasn’t their concern’. Little thought was given to improvements and understanding what constituted good probation supervision. Respondents felt that ‘skills were marginalised’ as a culture of self-defence became the norm, ‘the constructive side of probation began to play second fiddle to the oversight side’. Frontline practitioners, especially those new to the service, were encouraged to believe if an offender completed a programme they would change. Probation officers stopped home visits and talking to families and in the eyes of some ‘actually didn’t help people’. (2014, pp. 10–11) He goes on: Probation lost the desire and motivation to work with offenders leading to a loss of core values, and case management became ‘an administrative function rather than a therapeutic or change focused one’. Service users viewed probation as ‘an organisation that trips you up and wants to catch you out rather than wanting to help you’. (2014, p. 11) This, of course, resonates with the ‘self-progression’ quote from Mickey in Chapter 12. In the USA, as one might well imagine, the situation has not looked especially promising either (see the quote from Shover and 246 Rethinking . . . 20 years later Henderson (1995, p. 243) in Chapter 12. Nevertheless, what I perceive as the slow death of ‘programmes’ in the criminal justice system offers a new hope that other, more creative forms of intervention may find the room to flourish. Let me turn to some of the things which we might want to do in terms of practice. Turning ideas into action on the ground If I have taken one thing from my studies of Thatcherism and its effects on the citizens of the UK, it is that ‘ideas matter’. But, ideas remain only ideas without the imagination to turn some aspects of them into practices and policies which can be actioned. So, how might one start to put some of the ideas in the previous section into a series of statements which might be of use to those working in the criminal justice system? This, at first glance, appears a virtually impossible task. There is no ‘Desistance Handbook’. There is no simple ’10-step guide’ to desisting. The processes are unique to each individual – even if some more common processes can be picked out. As such, putting this into a series of statements which can be followed in a set order with outcomes within some range and with any degree of certainty is wishing for the moon on a stick. The best which I can offer at present (culled from the work of Fergus McNeill, Beth Weaver, Shadd Maruna and, at times, myself) is as follows. My overall argument is that criminal justice systems need to assess what people require to ensure that they will stop offending, and then, attempt to put these features of their lives in place in such a way that they do actually stop offending. Naturally, this approach has a number of similarities to the strengths-based perspectives (Ward & Maruna, 2007).1 The aim is for the individual concerned to ‘earn their way back into society’ (rather than just being supervised and controlled in such a manner as to make offending on their part impossible, which would be an approach developed from a ‘crime control’ perspective). Shadd Maruna, Fergus McNeill and I used to lament to each other that the problem with desistance (as an idea) was that there was no desistance handbook with 10 weeks’ worth of exercises and tasks for attendees to complete which could be ‘sold’ (either literally or figuratively) to probation services and so on. Unlike, for example, some of the (I think) rather dubious programmes based on some peculiarly individualised ideas about why people start to offend and almost no understanding of why they might stop, we had no glossy, ring-bound folders we could flog. I now think that such flexibility (in terms of the adoption of such ideas) 247 Conclusions may be an asset. Millennials want to embrace their ‘uniqueness’; if the what works movement was an attempt to individualise Fordist methods of service delivery (i.e. the system delivers content as a pre-designed, Fordist, fixed diet, but the success or failure is [wrongly] attributed to the ‘failings’ of staff or probationers to deliver it properly or to grasp it fully), then the move to a fully post-Fordist system of service delivery which embraces uniqueness (even if this is something of a constructed myth) might make our ideas more palatable to a generation now in their 20s, but who will take control of the political and policy agendas 20 to 30 years from now. Thinking about the actual delivery of working practices associated with desistance, McNeill (2003), suggests that desistance-focused work has two elements to it; the first relates to the assessment and planning phase, and the second to the actual programme of work: • Assessment Planning phase: assessments need to be individualised, and related to the specific situations of each individual being assessed. This work needs to be focused on levels of personal maturity, social bonds and the attitudes towards and motivations surrounding offending, as well as their narrative constructions of their past actions and sense of self. • At this stage, the criminal justice worker and the probationer jointly assess how each of the previous ideas can (or might in the future) help or hinder the latter ’s prospects of desisting. Do any of these offer ‘a hook for change’ in Giordano et al.’s perspective (2002)? Having developed an understanding of these areas, the worker and the probationer need to assess the extent to which they are ‘working’ towards desistance. Those which are will need to be supported. Those which are not may be harnessed to do so, whilst those which may be likely to lead to offending will need to be mitigated or defended against. The aim is to reinforce positives whilst challenging negatives. When it comes to the interventions themselves, McNeill suggests that staff and the probationer focus on: • motivations; • attitudes; • thinking and values; 248 Rethinking . . . 20 years later and that the aim is to • work with families (if appropriate); • find suitable accommodation; • develop skills (human and social capital). Further to this, Beth Weaver and Fergus McNeill (2007) suggest a number of principles: • Be realistic. Relapse is common. Change takes time to be produced. Patience is required by all involved. • Utilise informal interventions over formal ones. Informal interventions are more flexible and generally less stigmatising. Formal interventions tend to create further formal sanctions if transgressions occur. • This means trying to avoid imprisonment unless essential. • Formal criminal justice organisations need to build good relationships between themselves and ex-offender charities and societies. • ‘One size fits all’ approaches do not work as effectively as approaches which are tailor-made to the requirements of specific individuals (their pasts, strengths and desired futures). • Since social contexts are as important as individual contexts, formal agencies need to work with communities. • Terminologies which stigmatise ought to be avoided. • Criminal justice systems need to more readily promote redemption. • Punishments have to end, and such endings need to be recognised and respected. McNeill, Farrall, Lightowler, and Maruna (2012) argued that, in addition to the ideas listed, criminal justice system employees ought to: • work with people (as opposed to thinking of people as things which need to be ‘fixed’); • recognise that relationships matter to people, and harness the power of relationships in order to support desistance; 249 Conclusions • maintain hope (as well as motivation), since hope is a key variable which can support individuals during periods of difficulty and of change (since it sustains individuals’ longer term goals); • assist probationers in their attempts to develop their stock of social capital in order for them to acquire and use the human capital skills needed to achieve their goal; • avoid identifying people by the behaviours they wish to leave behind (e.g. ‘offender’). Building on these points, Bottoms and Shapland (2019) suggested that criminal justice staff need to help people change their daily routines (see Farrall et al., 2014, Ch 7) and to practice newly developed social identities (such as ‘parent’, ‘employee’ and so on). They additionally suggested that local criminal justice systems and those delivering services ought to develop 24/7 support services for those facing temptations (an idea based on the insights regarding temptations and the loss of motivation developed by Halsey et al., 2016). Correctional services need to find ways to formally recognise and ‘certify’ progress and change (Maruna, 2001; Maruna & LeBel, 2003; Maruna, 2011). Some things we could try In this section I want to summarize those studies (sometimes evaluations) which have attempted to pursue the sorts of interventions, policies and practices which could promote desistance. Many of these already exist (albeit it not in every country). There are others which I have not discussed herein (such as restorative justice schemes), although they clearly have the potential to assist and promote desistance (see Robinson & Shapland, 2008). Do not, therefore, treat this discussion as in any way exhaustive. The ways in which assessments of needs are undertaken can be changed so as to facilitate the identification of an individual’s strengths. Most risk assessment tools (such as SAPROF or SARN-TNA in the USA or OASys in England and Wales) score various aspects of an individual’s social and personal circumstances in terms of their risk of further offending. The scales usually run from 0 (no risk) to 10 (high risk). This approach encourages staff (and the person being assessed) to view the latter as representing the physical embodiment of risks. Strengths are not identified (or officially recognised) at all. If the scale could be extended to run from −10 (a severe risk) to +10 (a strength) with 0 representing a neutral point (something which was neither a risk nor a strength), this 250 Rethinking . . . 20 years later would embed a view of the person being assessed as having strengths and aid the identification of these in such a way which might enable a programme of planned work which would be more focused on their positives. Many individuals, we found, especially during the fifth sweep of interviews, wanted to ‘give back’ or to make amends for past failings and offending. This can be achieved at an individual level via sponsorships to complete marathons and so on with the money going to a good cause of some sort. This could be arranged at an institutional level; why not have justice system staff and former service-users running marathons together for charities, for example? Another way of giving back was discussed by Burnett and Maruna (2006). They studied a scheme run by one local Citizens Advice Bureau. Such bureaus in the UK offer free advice and advocacy services relating to legal matters. The service is offered over the phone and in person at a number of locally based centres. One such bureau was unable to cope with the number of calls they were receiving, and so approached a local open prison (that is a prison which accommodated low-risk inmates, often near the end of their sentences) and asked for help. The inmates were temporarily released to answer calls at the CAB. They had their skills base refreshed, and were reacclimatised to an office environment. They found it a de-stigmatising experience, as well as one which helped to create civic-values and feelings of having given something back. As well as the ASSET and Springboard schemes outlined in Chapter 12 (see also Sarno et al.’s, 2000 evaluation of these schemes) some employers in the UK actively recruit employees from those serving sentences within the prison system. Timpson’s, who run an extensive network of cobblers and locksmiths, have created a series of Training Academies inside prisons. Once released, inmates they are fully trained and able to work in Timpson’s shops. When released, someone from Timpson’s will often meet them at the prison gates, before introducing them to their new work colleagues and providing them lunch and time for them to settle them in to their new job. Jobs, Friends and Homes is run by a charity based in Blackpool, England. The scheme trains people in recovery or on release from prison in a range of building trade professions with a view to employing them to assist in the tasks of renovating and leasing domestic properties in the Blackpool area. The evaluation of the scheme emphasised the extent to which it was able to develop the social and human capital of those employed by it (Hall, Best, & Musgrove, 2019). The scheme deliberately used prominent logos on their vans and their uniforms in order to publicly demonstrate that former drug addicts and offenders could perform 251 Conclusions (and were performing) socially beneficial roles in the local community. The scheme provided a wider social network for those involved and gave employees a non-deviant sense of identity and meaningful activities outside of work. This social network extended to other professional and community-support groups which could support individual’s needs and processes of recovery. Jobs, Friends and Homes appears to have produced reductions in offending and substance use outcomes noted (Hall et al., 2019). Kirkham prison in Lancashire (England) recognised that one of the problems facing men on release related to repairing damaged family relationships. Furthermore, if such relationships proved to be difficult, the men may turn to their peer group for support (which could lead to further offending, since such peers were often in trouble with the police themselves). The prison aimed to empower the families of small numbers of men facing release at around the same time as one another, so that they could access support for the member of their family being released. The families were formed into ‘cohorts’ of six or seven, and were encouraged (as families) to assess the employment, training, recreation, peer networks and volunteering experiences of ‘their’ inmate. They were then asked to think of who could assist them and which new connections they would need to forge for themselves. In a subsequent session, they were asked to reflect on how they had got on with exploiting existing networks and forging new ones. Barriers and ways of overcoming these were exchanged in group sessions. Over time those involved in each cohort of inmates facing release and their families moved from helping themselves to helping each other, thus increasing their social capital. Evaluations of the programme suggested that it had increased the confidence of the family members to seek out support for their returning family member, increased their social capital and their well-being and sense of hope. A similar idea not unrelated to this are prison-based ‘Homework Clubs’, where the children of inmates take their school homework into prison to complete with their parents. Such a scheme is being run in England at HMP Wymott. Circles of Support and Accountability, although initially developed to work with sex offenders, offer another model of supporting and promoting desistance. Working in the community and formed by a partnership of the police, probation services and local public protection teams as well as other child protection professionals, a Circle of Support and Accountability consists of four to six of volunteers from a local community. These volunteers form a circle of support around someone found guilty of a sexual offence. The circle provides 252 Rethinking . . . 20 years later a support network, but also requires the person they are working with to take responsibility for his or her risk management. The circle meets regularly and might also have face-to-face or phone contact between meetings. Whilst these circles have been used for those convicted of sexual offences, there may be potential in extending this to include people convicted of other offence types. Building on the insights of labelling theories, it has been recognised that the criminal justice system routinely labels individuals (such as ‘victim’ or ‘offender’) and that these labels are hard to shrug off, especially so if these are negatives labels. Some have suggested that the criminal justice system try to create de-certification processes. This might, for example, involve those who have been sentenced returning to the court where they were sentenced in order for the end of the sentence to be marked and their progress towards change celebrated and encouraged. Maruna (2011) has suggested that certificates of rehabilitation be awarded as part of these sessions, in the way that awards are given at university degree ceremonies. In France, criminal records are organised and structured so as to avoid them hindering access to employment (which has frequently been cited as an associate of desistance). In France, criminal records are stratified into three groups, the highest two of which are accessible to only the courts and other public services. The third (and lowest) tier is the only one made public. Prospective employees might be asked by a potential employer to provide a copy of the third tier, which, unlike the higher two, contains very little information. For example, prison sentences of up to two years (the vast majority of custodial sentences in France) are not mentioned in the lowest level. In addition, old court files are destroyed after a certain period of time (Herzog-Evans, 2011). This means that previous convictions cannot be used in some sentencing decisions or to bar people from some forms of employment. Those convicted in courts can ask that courts not to formally record the conviction (again, allowing greater chances of employment). Courts are able to agree with the convicted individual that some form of behaviour will be used to signify that individual’s ‘redemption’. This is not an exhaustive list of schemes which could be developed further or adopted in the UK. Nor are they all going to work, or work as effectively in the UK or all cases. Nevertheless, the imagination of such schemes and the enthusiasm with which they have been adopted by criminal justice staff and those they work with suggests that there is both the need and the appetite for such approaches. 253 Conclusions Reflections on the development of the field of desistance studies: what might we want to do next? Finally, let me bring this chapter to a close by reflecting on what is needed to both develop both academic studies of desistance and the policy interventions which may flow from them. One idea is to repeat, as closely as now can be, the original study. This would enable us to assess the extent to which community supervision has become more (or less) effective since the late 1990s. More international comparisons of desistance, I think are needed. Those conducted by Osterman (2018) and Segev (2020) suggest that macro-level processes and cultural forms shape desistance, as do those of different groups of desisters (such as Calverley’s study, 2013). The criminal justice systems in the UK, especially as it relates to community disposals, are very heterogenetic. Cross-national studies, could, for example, include those north and south of the English/ Scottish border. In Scotland the links between social work philosophies and criminal justice work have remained largely intact, whilst in England this has not been the case. I think that there is much to be learnt both north and south of that border from a study which examined desistance and attempts to support it led by the criminal justice system/s. Further comparisons of much less culturally and geo-politically similar countries would also prove beneficial too I am sure. One of the perennial problems with longitudinal research projects is securing further funding. A recent application for a further round of interviews with the cohort studied in this book (and which would have focused on persistent offending amongst those who had not desisted) was turned down by the potential funder (without being sent out for review) on the basis that they did not fund the continuation of existing studies. This philosophy strikes me as defensible if the request is for more money to carry on doing the same project without recognising temporal change in the object of enquiry or change at the individual level. However, since longitudinal research very much recognises temporal, institutional, organisational and individual level change and, as such, as at its heart the variable which many studies exclude by cross-sectional designs (namely time), it strikes me as a rather worrying development. A common topic of conversation amongst those of us who have run longitudinal studies which have relied on conducting, overseeing and paying for repeated rounds of fieldwork is the trouble of securing further funding time and time again. Whilst funders have, very much to their credit, recognised the need to support early career scholars, or those wishing to undertake secondary data analyses, or those engaged in cross-national studies (such the Open Research Area 254 Rethinking . . . 20 years later scheme), I am unaware of any such funding scheme which takes seriously the idea that individual-level longitudinal research designs provide ideal vehicles for studying processes of change over time (either following interventions, or those changes which are unprompted by any systematic input(s)). If our knowledge base is to grow and expand (and I use the ‘our’ here to embrace social scientists outwith the criminological enterprise) then such a programme which declares outright the need for longitudinal studies (even of quite time-limited processes – or ‘short-ditudnal’ studies as I have jokingly referred to them in the past) would be most welcome. I have benefited enormously from my engagement in the project which this book and the other two in the series have been the outcomes of. It has made me engage in work which I would otherwise not have, forced me to think about the best techniques and ethics of re-interviewing, and to embark upon discussions with policy-makers both in the UK and further afield. The thanks and acknowledgements I gave at the outset of the first book, and those at the start of the second and third, remain, but over time I have come to recognise, perhaps in keeping with those whose lives I have studied, just how much I owe to my former and current colleagues, friends and the wider criminological community which has helped to sustain my enthusiasm and energies over the past 20 to 25 years. In addition, I would especially like to thank Fergus and Shadd for their Foreword, and Isabelle, Martine, Mark and Pepe for their reflections on the original book – all of which, I think, help to locate the book and what it tried to accomplish better than I ever could. As well as conversations with them over the years, I have enjoyed and learnt much from conversations and writing projects with Joanna Shapland, Tony Bottoms, David Gadd, David Best, Mark Halsey, Gwen Robinson and Susan McVie. Finally, I dedicate this edition to the late Roger Hood, who served as my D.Phil. supervisor, boss and general mentor, and who shaped the project and the analyses in numerous ways. Thank you all. Note 1 Strengths-based approaches offer an alternative to what they describe as ‘needs based’ or ‘deficits’ models which inadvertently view those being supervised or worked with as having several deficits in their social or personal lives which need to be remedied or controlled (Maruna and LeBel, 2003). This broad family of approaches aim to focus on the strengths which ex-offenders possess, rather than on their deficiencies. Such strengths may simply be things which are not risks (such as a strong bond with an elderly relative who is law-abiding) or things 255 Conclusions which might actually positively assist the would be desister (such as a strong bond with a law-abiding family, and who might be able to offer, for example, routes into employment or secure accommodation). References Bottoms, T., & Shapland, J. (2019). Introducing ‘desistance’ into criminal justice supervision policies and practices. In S. Farrall (Ed.), The architectures of desistance. London: Routledge. Bourideu, P. (1977). Outline of a Theory of Practice. Cambridge, Cambridge University Press. Brown, M., & Ross, S. (2010). Mentoring, social capital and desistance. Australian and New Zealand Journal of Criminology, 43(1), 31–50. Burnett, R., & Maruna, S. (2006). The kindness of strangers. Criminology & Criminal Justice, 6(1), 83–106. Calverley, A. (2013). Cultures of desistance. London: Routledge. Farrall, S., & Bowling, B. (1999). Structuration, human development and desistance from crime. British Journal of Criminology, 39(2), 252–267. Farrall, S., Burke, N., & Hay, C. (2016). Revisiting Margaret Thatcher’s law and order agenda: The slow-burning fuse of punitiveness. British Politics, 11(2), 205–231. Farrall, S., & Calverley, A. (2006). Understanding desistance from crime, crime and justice series. London: Open University Press. Farrall, S., Gray, E., Jennings, W., & Hay, C. (2016). Thatcherite ideology, housing tenure, and crime: The socio-spatial consequences of the right to buy for domestic property crime. British Journal of Criminology, 56(6), 1235–1252. Farrall, S., Gray, E., & Jones, P. M. (2019). Council house sales, homelessness and contact with the criminal justice system: Evidence from the NCDS and BCS70 birth cohorts. Geoforum, 107, 188–198. Farrall, S., Gray, E., & Jones, P. M. (2020a). The role of radical economic restructuring in truancy from school and engagement in crime. British Journal of Criminology, 60(1), 118–140. Farrall, S., Gray, E., & Jones, P. M. (2020b). Politics, social and economic change and crime: Exploring the impact of contextual effects on offending trajectories. Politics and Society, Special Issue ‘Societies Under Stress’, 48(3), 357–388. Farrall, S., & Hay, C. (2010). Not so tough on crime? Why weren’t the thatcher governments more radical in reforming the criminal justice system? British Journal of Criminology, 50(3), 550–569. Farrall, S., Hunter, B., Sharpe, G., & Calverley, A. (2014). Criminal careers in transition: The social context of desistance from crime, clarendon studies in criminology. Oxford: Oxford University Press. Farrall, S., & Jennings, W. (2012). Policy feedback and the criminal justice agenda: An analysis of the economy, crime rates, politics and public opinion in post-war Britain. Contemporary British History, 26(4), 467–488. 256 Rethinking . . . 20 years later Farrall, S., & Maltby, S. (2003). The victimisation of probationers. Howard Journal of Criminal Justice, 42(1), 32–54. Farrall, S., Sharpe, G., Hunter, B., & Calverley, C. (2011). Theorising structural and individual-level processes in desistance and persistence: Outlining an integrated perspective. Australian and New Zealand Journal of Criminology, 44(2), 218–234. F.-Dufour, I., & Brassard, R. (2014). The convert, the remorseful and the rescued: Three different processes of desistance from crime. Australian & New Zealand Journal of Criminology, 47(3), 313–335. Giordano, P., Cernkovich, S., & Rudolph, J. (2002). Gender, crime and desistance. American Journal of Sociology, 107, 990–1064. Hall, L., Best, D., & Musgrove, A. (2019). Recovery and communities. In S. Farrall (Ed.), The architecture of desistance (pp. 229–248). London: Routledge. Halsey, M., Armstrong, R., & Wright, S. (2016). F*ck it! British Journal of Criminology, 57(5), 1041–1060. Herzog-Evans, M. (2011). Judicial rehabilitation in France. European Journal of Probation, 3(1). Jennings, W., Farrall, S., & Bevan, S. (2012). The economy, crime and time: An analysis of recorded property crime in England & Wales 1961–2006. International Journal of Law, Crime and Justice, 40(3), 192–210. LeBel, T. P., Burnett, R., Maruna, S., & Bushway, S. (2008). The ‘chicken and egg’ of subjective and social factors in desistance from crime. European Journal of Criminology, 5(2), 131–159. MacDonald, R., & Marsh, J. (2006). Disconnected youth? London: Palgrave Macmillan. Maruna, S. (2001). Making good. Washington, DC: American Psychological Association Books. Maruna, S. (2011). Judicial rehabilitation and the clean bill of health in criminal justice. European Journal of Probation, 3(1). Maruna, S., & LeBel, T. (2003). Welcome home? Examining the “re-entry court” concept from a strengths-based perspective. Western Criminology Review, 4(2), 91–107. McNeill, F. (2003). Desistance-focussed probation practice. In E. Chui, & M. Nellis (Eds.), Moving probation forward. London: Pearson Education. McNeill, F., Farrall, S., Lightowler, C., & Maruna, S. (2012). Re-examining evidence based practice in community corrections: Beyond “a confined view” of what works. Justice Research and Policy, 14(1), 35–60. Moffatt, S. (2014). Prospects for a desistance agenda. London: Criminal Justice Alliance. Osterman, L. (2018). Penal cultures and female desistance. London: Routledge. Robinson, G., & Shapland, J. (2008). Reducing recidivism. British Journal of Criminology, 48, 337–358. Sampson, R. J., & Laub, J. H. (1993). Crime in the making. London: Harvard University Press. 257 Conclusions Sarno, C., Hearnden, I., Hedderman, C., Hough, M., Nee, C., & Herrington, V. (2000). Working their way out of offending. Home Office Research Study No. 218. London: Home Office. Segev, D. (2020). Desistance and societies in comparative perspective. London: Routledge. Shover, N., & Henderson, B. (1995). Repressive crime control and persistent thieves. In H. Barlow (Ed.), Crime and public policy. Oxford: Westview. Uggen, C., & Kruttschnitt, K. (1998). Crime in the breaking. Law and Society Review, 32(2), 339–366. Vaughan, B. (2007). The internal narrative of desistance. British Journal of Criminology, 47(3), 390–404. Villeneuve, M-P., F.-Dufour, I., & Farrall, S. (2021). Assisted desistance in formal settings: A scoping review. Howard Journal of Crime and Justice, 60(1), 75–100. Visher, C., & Travis, J. (2003). Transitions from prison to community. Annual Review of Sociology, 29, 89–113. Ward, T., & Maruna, S. (2007). Rehabilitation. Abingdon: Routledge. Weaver, B., & McNeill, F. (2007). Giving up crime: Directions for policy. Edinburgh: Scottish Consortium on Crime and Criminal Justice. Reflections on Rethinking What Works with Offenders Mark Halsey Reflections on Rethinking What Works It is a privilege to offer a retrospective commentary on Stephen Farrall’s highly influential text Rethinking What Works with Offenders (RWWwO). With just shy of 1,000 Google Scholar citations, it ranks as the leading work on the topic of probation and desistance from crime. The observations I want to make about Farrall’s book span the areas of project originality, methodology, conceptual clarity as well as implications for my own work. In the spirit of this edition, what I offer in the following are my personal reflections on a work published some two decades previously. To that extent, I have dispensed with extensive referencing and adopted more of a biographical style and tone. On the first topic, project originality, it is easy to forget – given the quite significant “boom” in the number of probation-oriented scholarly studies completed in the last two decades – that RWWwO was one of the first such studies in the UK, if not internationally (a key exception being Rex, 1999). There had been, to be fair, previous studies of probation (mainly in the US) examining the supposed causal link between interventions and outcomes (e.g., Irish, 1989; Morgan, 1994; Sims & Jones, 1997; MacKenzie, Browning, Skroban, & Smith, 1999). But none sought to delve as deeply into, as Farrall (2002, p. 14) calls it, the ‘ “black box” of criminal justice system interventions’. On that count alone, RWWwO stands as a seminal work. It is the willingness to inquire into the phenomenology as well as the more ‘objective’ place of such variables as peers, family relationships, employment, motivation to desist, experience of the criminal justice system (including dealings with police or with court personnel, length of time served, number of prior periods of incarceration etc.), and, of course, the responsiveness and empathic dimensions of probation work, that strikes as wholly original, not to mention ambitious. It is and remains a centrally important book because it focuses on the lived experience of a sanction that, if completed successfully, has the 259 Reflections on Rethinking What Works potential to avoid untold economic and social costs associated with the much ‘deeper’ sanction of incarceration and all the harms associated with such. Another key dimension of the book’s originality is the reconceptualization of probation as a potentially agentic practice of the probationer and the probation officer. It effectively demands that corrective services personnel think more critically and reflexively about their role(s) and the implications of taking a more or less compliance-oriented stance to the job as against a much more nuanced and supportive approach to probation work. Indeed, Farrall repeatedly asks the key question: What, precisely, is probation work? What does it look like when it is working well? And what does it look when it is working in a less than optimal fashion? To my mind, it is the skilful weaving of the agentic and structural/rule-driven dimensions involved in the probation-probationer dyad that stands as one of the lasting legacies of the book. Probationary work and being a probationer are intersubjective processes, not discrete roles – or at least they should be when and where it is done well. That insight has profound implications for other areas of ‘casework’ across both the juvenile justice and criminal justice systems. With regard to methodology, the approach to data collection still stands as remarkably impressive. Spanning six distinct locales across England, 199 probationers (and their probation officers), just over 1000 interviews (111 of which were tape recorded), and three waves of interviewing, it remains one of the most in-depth explorations of the probation and desistance process to date. I have always thought it remarkable that Farrall (and his team of research assistants) managed to retain such an impressive proportion of original participants over the life of the project – specifically, 100 of 199 originally sampled probationers were interviewed at all three sweeps. Anyone who has embarked on a large-scale predominantly qualitative study involving traditionally hard to access or “invisible” populations would know of the herculean task involved here. On that count alone, the book rings with authority – that is, the breadth and depth of data places the claims and theoretical perspectives advanced throughout the work on very solid ground. Additionally, the care taken to ensure representativeness of key characteristics amongst Farrall’s cohort compared with what is generally known about the age, offence history, length of order, gender, race/ethnicity and socioeconomic background of probationers in England/UK was also deftly managed. Again, that in itself is no mean feat and has assisted greatly to maintain the explanatory power of the book’s main themes and results. In relation to conceptual clarity, RWWwO weaves a number of complex threads together around the emergence, sustaining or derailing of 260 Reflections on Rethinking What Works desistance, as well as the role and place of optimism, pessimism and confidence. One of the fairly stark conclusions of the book is that probation officers play likely only a minor role in sparking and assisting desistance. There was not much evidence of officers getting meaningfully and productively involved in probationers’ lives. In fact, three of the most important things desired by probationers – resolution of employment, housing and family problems – were constructed by officers as falling outside their direct remit in terms of provision of effective probation work. But this is not to say that had such assistance been actively evidenced that probationers would not have reported positively on such. There is a difference, in other words, between the type of probation work experienced by Farrall’s cohort of probationers and the type of probation work that one might describe as optimal for supporting desistance. In terms of my own work, the book has caused me to think about how the pieces of supported desistance could be better organised and put into practice. It prompted me to think about how this could be done in a manner which balanced structure in probation work with what might be termed appropriate innovation. In a sense, the book posed as many questions as it resolved. And that, to my mind, is a strength not a shortcoming. I want to briefly mention just two of my own projects that have been influenced by RWWwO (as well as Farrall’s subsequent work). The first concerns my longitudinal study of repeat offending and desistance from crime which sought to use a qualitative framework to understand the pathways into prison, experiences and impacts of incarceration, and post-release journeys of a cohort of young men aged 15 to 29 years (Halsey & Deegan, 2015). That study resulted in 284 interviews within and beyond prison (with some young men interviewed a dozen times across a decade), and relied heavily on Farrall’s pioneering work on the relationship between structure and agency in the desistance process. But more fundamental to that book – and to the project’s genesis – was the idea that such a task could be undertaken at all and that it might bear some fruit in terms of policy and practice. I commenced work on that study around 2003. Many years later, I cannot overstate the importance of having been able to refer to a limited number of works which had sought (successfully) to repeatedly interview vulnerable and hard-toaccess populations over a lengthy period. More specifically, the capacity to cite such works (essentially, empirically based scholarly precedents) within scoping, funding and ethics applications was of fundamental consequence. RWWwO was central in that regard and I think this is something that is possibly too often forgotten. Someone has to be at the front of the train pushing into unknown territory. Farrall took on precisely that mantle in RWWwO. My sense is that many others have 261 Reflections on Rethinking What Works benefited from that type of risk-taking when having to quell doubts from various quarters surrounding the value of longitudinal qualitative work that seeks to understand the “messiness” but also the hope and successes within people’s lives. A second project that I want briefly to make mention of concerns a comparative study of assisted desistance within two Australian prisons (supported by NSW Corrective Services). RWWwO has, as mentioned earlier, led to and informed a large literature on desistance from crime. The concept of (what is now termed) assisted desistance was in essence pioneered by Farrall in RWWwO with the term more definitively coined and captured by King (2013) a decade or so later (with reference, also, to Rex (1999)). One of the strengths of RWWwO is that the themes and concepts within the book are, with appropriate nuance, transposable to other contexts. In the case of prisons, I worked with colleagues to understand the nature, relative ‘embeddedness’, and impacts of assisted desistance in two very different prisons (both of similar population size and security rating but which seemingly evince very different capacities for ‘rehabilitation’). Using a co-designed approach – that is, involving prison officers and prisoners in the design/content of the relevant survey instruments – the project asked those who live and work in such places about how the primary, secondary and tertiary dimensions of desistance are supported and/or thwarted within such environments. This study borrows inspiration from RWWwO and from Farrall’s (2016) more recent self-reflection on that work, in the hope of producing a conceptually and empirically defensible account of how desistance might meaningfully be sparked, engaged and sustained in custodial environments. We make no assumptions about the sequencing of the primary, secondary and tertiary dimensions of desistance but ‘hypothesise’ that the tertiary element is too often neglected and likely prevents more meaningful work being done in prisons to assist with positive identity change that can survive not only incarceration, but beyond prison walls. In the final chapter of RWWwO, Farrall (2002, p. 208) writes, ‘Just as seeds thrown on stony ground will not take root, so efforts to resolve particular obstacles will come to little if the conditions for success are not present, or do not emerge quickly’. I take that statement to mean desisting from crime requires more than the right quantum of personal motivation. It requires also – perhaps especially – a modicum of good relationships and material circumstances to desist into (McNeill, 2012, p. 30). And that means, in the tradition of RWWwO and the best criminological work, acknowledging that people’s (probationers’, prisoners’, etc.) struggles for a better life are best conceived not around individual pursuits but as a collective endeavour. 262 Reflections on Rethinking What Works References Farrall, S. (2002). Rethinking what works with offenders, (1/e). Cullompton: Willan Publishing. With a Foreword by Christine Knott, Chief Probation Officer, Greater Manchester Probation Area. Farrall, S. (2016). Understanding desistance in an assisted context. In J. Shapland, S. Farrall, & A. Bottoms (Eds.), Global perspectives on desistance: Reviewing what we know and looking to the future (pp. 187–203). London: Routledge. Halsey, M., & Deegan, S. (2015). Young offenders: Crime, prison, and struggles for desistance. London: Palgrave Macmillan. Irish, J. F. (1989). Probation and recidivism: A study of probation adjustment and its relationship to post-probation outcome for adult criminal offenders in Nassau County, New York. Mineola, NY: Nassau County Probation Department. King, S. (2013). Assisted desistance and experiences of probation supervision. Probation Journal, 60(2), 136–151. MacKenzie, D. L., Browning, K., Skroban, S. B., & Smith, D. A. (1999). The impact of probation on the criminal activities of offenders. Journal of Research in Crime and Delinquency, 36(4), 423–453. McNeill, F. (2012). Four forms of “offender” rehabilitation: Towards an interdisciplinary perspective. Legal and Criminological Psychology, 17(1), 18–36. Morgan, K. D. (1994). Factors associated with probation outcome. Journal of Criminal Justice, 22(4), 341–353. Rex, S. (1999). Desistance from offending: Experiences of probation. The Howard Journal of Criminal Justice, 38(4), 366–383. Sims, B., & Jones, M. (1997). Predicting success or failure on probation: Factors associated with felony probation outcomes. Crime & Delinquency, 43(3), 314–327. 263 A commentary on Rethinking What Works with Offenders Isabelle F.-Dufour A commentary on Rethinking by F.-Dufour This new edition of Rethinking What Works with Offenders is an opportunity to take stock of the exceptional contribution of this flagship book to the study of desistance. Before recognizing this contribution, I will take a few lines to signify the major impact this book had on my own career. In a recent lecture on the links between RNR (risk-need-responsivity) and desistance, Shadd Maruna (2020) mentioned the following quote from Pawson (2006, p. 20) ‘Evidence-based policy is dominated by one question. Attend a conference, read a textbook, peruse a proposal, buy a tee-shirt on that said topic and somewhere in the headline font appears the phrase “what works”. However, for all Canadian researchers, this significance is even greater and I would add, ‘We are what works’. Indeed, in the short history of criminology in Canada, there is nothing (to my knowledge) that has made us prouder than this resistance to ‘nothing works’. Although we know more about the limits of ‘what works’, we must not forget that this almost unshakeable belief of Canadian researchers but also of the Canadian population towards rehabilitation (Roberts, 2003), has protected us from the mass incarceration observed amongst our southern neighbours. In my case, this quasi-religious Canadian belief in ‘what works’ was also a source of uneasiness and doubts. Being trained in social work, I was quickly exposed to the work of Denis Saleebey on the strengths perspective – which would then become central to the profession of social work (Saleebey, 1996; Saleebey & Saleebey, 2013). It was therefore difficult to adhere to an intervention model that emphasised the deficits (skilfully identified as ‘needs’) of ‘offenders’. I was in the midst of a loyalty dispute. How to reject the model which had adorned us with the worst excesses, which allowed us, Canadian researchers, to be invited to all forums to praise the ‘Canadian model’ when I was the only one (that I believed) who could not believe in the famous slogan of ‘the right 264 A commentary on Rethinking treatment, for the right person at the right time’? I happened to lack the courage. It was completely by chance that I came across the book whose title (very misleading in my opinion) has been spotted by databases because it contains the terms ‘what works’. It was Summer 2006. From the first sentence of the book, I knew something was wrong: where were Andrews and Bonta (1998)? Then, I read again: The purpose of this book is to explore and throw further light on the processes that occur during probation supervision which are either conducive to desistance or which contribute to further offending. Whilst it is true that the correlates of recidivism and desistance are well known, the mechanisms by which these correlates are produced and the role that criminal justice sanctions play in this remain less well understood. (p. 3) I kept on reading and, still more amazed, discovered the work of Sampson and Laub (1993), Burnett (1992), Warr (1998), Shover (1983) and Maruna (1998) amongst others. I read the book cover to cover, wondering (incredulously): Who are these people? What is desistance? Once the book was finished (a few hours later), I knew that I had just found the object of study that was going to occupy my career: finally, someone asked ‘how it works’ (Chapters 1 and 12). I realise that such a confession is not without damaging my credibility as a researcher: how could I have not known the work on desistance? I will answer with the following analogy. Suppose you live in New York; the first floor of the Museum of Modern Art (MoMA) that you are going to walk through is undoubtedly the third, because you will want to see the paintings of Andy Warhol who is the master of pop art and an icon of the city. It is probably by chance that you will also discover the expressionist works of the British artist Francis Bacon (also on the third floor), and that you will just as easily have missed his immense talent. This is what perhaps would have happened to me if the book had been titled otherwise. Boldness In order to lend myself to writing this commentary, I re-read the original version of this book. What strikes me today is how daring you must be to undertake such a study. At the time, there was not yet an 265 A commentary on Rethinking operationalised definition of desistance (primary, secondary or tertiary), nor was there was agreement on the length of time required to qualify a person as ‘desisted’ (we still haven’t reached consensus, but we now know that the process is quite long and slow), and there was so little written on the factors that facilitate desistance (besides employment and motivation to change, wear and tear on criminal life and, possibly, the formation of a significant relationship). Above all, there were so very few examples of studies that were interested in the ‘black box’ of probation. I just cannot imagine how it must have felt to study something with such few conceptual and methodological reference points. I guess it felt like jumping off a cliff. Excessiveness Anyone who has ever undertaken a qualitative research study knows how difficult it is to analyse and interpret data when the sample exceeds 30 or 40 respondents. One quickly becomes overwhelmed by the number of themes, by ordering the categories, by the proliferation of meaning units and by the extent of the codification tree. However, Stephen and his team conducted nearly 1,000 interviews as part of this study. This is gigantic, considering that the studies of 100 participants are considered extremely large (Mark, 2010; Marshall, Cardon, Poddar, & Fontenot, 2013). The fact that he was able to trace and interview at least half of his respondents on three occasions is also an achievement, especially at a time when it was far harder to trace them through social media (e.g. Facebook) which are much more common today. No matter how you look at this sample, you cannot help but wonder how it was possible to achieve such an exploit (not counting the fourth and fifth interviews), nor feel dizzy imagining the work it took. The theoretical quest In the first version of this book, the author’s interest in macro-social factors is already evident. Whilst the ‘what works’ is centred on the individual (his past, his family and social relationships, the use of his free time and his relationship to work in particular), Stephen’s perspective is centred on inequalities of access to employment and redistribution of wealth which cause the impoverishment of individuals and neighbourhoods that offer few opportunities for change. This interest will then materialise in his studies on desistance which take into account 266 A commentary on Rethinking political, economic, historical and geographical factors and will lead him to develop “the most daring” integrative model of desistance (Figure 13.3). The model is so comprehensive that its simple explanation requires six pages of continuous text (this volume, pp. 234-240). In fact, the theoretical framework is as ambitious as Stephen’s methodology in this book: it is huge. So that by his own admission, Stephen confirms that ‘no one study would be sufficient to explore the theory outlined above’ (pp. 239) or perhaps only he would have the courage to try it. . . Reserve If this work is by all means, bold, huge, enormous and ambitious, I found that interpretation of results were, in contrast, very cautious. Is this a sign of the British reserve? I remember that when I first read the book, I was surprised to read that ‘probation interventions appear in many cases to have had little impact on either the obstacles faced by probationers or their lives more generally’ (p. 116). Rather, I drew the opposite conclusions from reading Chapter 10 (I will return to the role of probation officers later). If we read Tables 10.1 and 10.2 from my point of view, we will see that of the 199 probationers we must take out 42 individuals (21%) since it is impossible to know whether they persisted or desisted from crime. Of the 157 remaining, 64 did not reoffend and 28 were showing signs of desisting. If we add the 20 others who were committing trivial offences, it would mean that almost two-thirds of the sample (64.9%) were engaged in some sort of process of desistance. If we compare to the UK national statistics (which are so hard to grasp), it is rather encouraging (Eaton & Mews, 2019). I was even more impressed when I read that almost half of pessimists were desisting. I often cite this result as the proof that motivation is not the best predictor of desistance. I always wonder why Stephen did not ‘push’ this result much further. It is a major contribution to desistance (at least from my point of view). Since then, I have dreamed of a book based on the stories of these 17 men who believed they could not desist (and were perceived as having very limited chances of doing it by their own probation officer) and did it. Stephen wrote a short section about these men at the end of Chapter 10, and recounts the stories of Jacob, Malcolm and Clive and, guided by theoretical background available at the time, he focused on Clive getting a job, finding a partner and being a father. Even then, Clive is adamant about the role of his or her probation officer in his desistance process. Surely, it is possible to see in these negative or deviant cases (the ones that appear to contradict patterns or explanation, 267 A commentary on Rethinking Patton, 2001 – here the importance of motivation for change) something more than ‘the desisting pessimists appeared to desist as the result of either change in their family or employment circumstances or because of the advice of their officers’ (p.). For my part, I called these individuals the ‘transformed’, since they did not want to stop offending at the beginning of their sanctions but were ‘dragged’ into stopping when they (re)endorsed social identities (worker, parent, student, etc.) incompatible with their ‘criminal identity’ and then, had to renounce it (I. F.-Dufour, 2013). What is fascinating (I think) with the transformed is that they all attribute their desistance process to themselves, and they have very negative views of their probation officer, as said Ivan: ‘they are like pigs [policemen], but worse than them! They do want to give you advice, noooo, they just want to trick you [to confess something] and send you back [to prison]!’ (I. F.-Dufour, 2015, p. 278). What I also found is that if you ask very precise questions about who did what, another story emerges. Here is an example of Patrick who is told me that he found a job by himself: ‘I talked to my PO about getting a job, but he was hesitant. Finally, I found a job as a waiter by myself. [Me: How did you find this job?]. Well, it is my PO. He sent me . . . do this waiter training . . . in this rehabilitation centre’. (I. F.-Dufour, 2015, p. 279). So technically Patrick is right: he found the job. However, would he have found it if he did not participate in the training suggested by his probation officer? This question is now central to my research on assisted desistance. Assisted desistance In 2015, I started to show interest in assisted desistance. If the term is from Sam King (2013), I could not find a definition of it. After doing a scoping review on assisted desistance, we came up with this definition: ‘all interventions directed towards judiciarized person that aim, directly or indirectly, to cease offending and transform their identity’ (Isabelle F.-Dufour, Villeneuve, & Perron, 2018, p. 213) or in other words, interventions that aim to help the person attend to the second stage of desistance (as opposed to only aimed at reducing recidivism). We also contrasted the formal assisted interventions that are offered by employees of the penal system (probation officer, correctional officer, etc.) from those that we called informal assisted interventions that are also offered to judiciarised persons but by professional or volunteers who do not have a legal mandate of rehabilitating this person (ex. art, sports, mentors, wounded healers, etc.). 268 A commentary on Rethinking Looking at formal assisted desistance, we found that the ‘talking’ (that seems so banal to the transformed and pessimists from Stephen’s study) is often how would-be desisters encountered new ways of understanding their situations, learnt about opportunities in the social structures (‘hooks for change’, Giordano, Cernkovich, and Rudolph (2002) and discovered housing organizations or trainings, etc. This talking seems to be the best way to facilitate change instead of ‘doing the job’ for the probationers (Rex, 1999). Knowing this, I have a different understanding of the results presented in Table 9.2. Whilst Stephen seems so disappointed that probation officers did not attempt to resolve employment and family-related obstacles themselves, I do not think it is so bad. In fact, we see that these initiatives are, often, unsuccessful (7 of 9 failed). It is when the solutions emerged from the probationer that success was more frequent (91%), and I would argue that most of these solutions were either directly or indirectly envisaged through ‘the talking’ or else, why suddenly, would probationers become so good at resolving difficulties they faced (often) for many years? Looking back at Chapter 7 (with what we now know about desistance), we also find great support for the idea that almost all offenders (94% in this study) want to stop offending. Shapland and Bottoms (2011) also observed that judiciarised persons share the same dreams as non-judiciarised persons namely: to buy a house, find a partner and start a family. This idea that we all want ‘a good life’ is, of course, now established and even serves as a base for interventions (Ward, 2002; Ward & Maruna, 2007). Back then, it was something new (at least for me). The RNR model was constructed around the idea that ‘offenders’ are different people to ‘us’: they have deficits in a wide range of areas, they show no interest in pro-social activities (family and work), they have antisocial traits, and so on. Stephen (and Burnett, 1992) were the first to point out how they do not want to be criminals. Some were seen as idealists (optimists), others as possible-desisters (confidents); we see, also, how this perception fluctuated during the progression of the probation (some move ‘down’ in sweep two and ‘go up’ at sweep three – Table 7.2). Stephen, at the time, interpreted this as fluctuation of motivation (as could be the case), but from what we have learned from assisted desistance, I think it is rather a measure of hope. At the beginning of their community sanctions, many judiciarised persons are relieved they did not end up in prison or see it as an opportunity to do ‘something different’ and can express hope that it will finally change (F.-Dufour, 2013; Villeneuve, F.-Dufour, & Turcotte, 2020). Rapidly, they find themselves in a critical phase (Healy, 2012) and face so many obstacles that it will be more difficult to stay optimists (Hunter & 269 A commentary on Rethinking Farrall, 2017; Nugent & Schinkel, 2016); for some, it will be easier to stop desisting. For those who keep fostering change (and are supported in their efforts to do so), the next step will be easier. Their self-narrative will change. They will see a new future and then will express hope again. I think this is exactly what is captured here: the different phase of desistance (primary, secondary and tertiary) and the expression of hope that goes with it. I would add to this and argue that persisting pessimists also express a lack of hope (or helplessness): It is hard to account for the lack of change, but reading the interview transcripts one gains a sense of fatalism on the part of the probationers, and from the officers a sense of being unable to help. One officer reported how the probationer she was supervising had ‘gone in a full circle’ but was starting to realise that he needed more help. She said she had tried to encourage him not to expect too much of himself. At the final interview, the same officer reported how the probationer would come to the probation office, but not when scheduled to do so. When asked how much probation had impacted upon the probationer, the officer said ‘nothing tangible’ and the probationer said ‘nothing really’. (pp. 181–182) From what we learned about assisted desistance, this expression of helplessness is a major obstacle to desistance. Almost all studies on assisted desistance show that it is ‘normal’ for would-be desisters to be ambivalent towards change and express doubts about their abilities to do so. But all assisted-desisters also said that their probation officers helped them reframe their self-narratives in order to reconnect with their strengths and to see their potential as a unique human being (Villeneuve, F.-Dufour & Farrall, 2021). It is therefore, not on the wouldbe-desister that we must look for hope, but more on the part of the probation officer that should foster it. I think that is what differentiates the pessimists who persisted from those who desisted in Stephen’s study. Conclusion What strikes me many years later is how much we have learned from this book. Aside from what it told us about inequalities in access to human and social capital (Chapter 12) that would guide numerous studies to 270 A commentary on Rethinking come, Stephen’s contribution on ‘how it works’ is major considering that ‘desistance’ originally meant ‘spontaneous or natural desistance’, which is the exact opposite of looking at the black box of probation. It took a lot of courage, work, boldness, determination and ingenuity (maybe?) to embark in such an immense project. The contribution of this work (and of Stephen’s work in general) on desistance is incommensurable and no matter when you read this book (and how many times you read it), it will change your perspective on probationers and probation officers. I will finish my commentary with this except from the book (Chapter 12) because I think that what is expressed by this probationer, 20 years ago, is still true and should be at the centre of the answer to ‘how we should help’: Something to do with self-progression. Something to show people what they are capable of doing. I thought that that was what [my officer] should be about. It’s finding people’s abilities and nourishing and making them work for those things. Not very consistent with going back on what they have done wrong and trying to work out why – ‘cause it’s all going around on what’s happened – what you’ve already been punished for – why not go forward into something. . . . For instance, you might be good at writing – push that forward, progress that, rather than saying ‘well look, why did you kick that bloke’s head in? Do you think we should go back into anger management courses?’ when all you want to be is a writer. Does that make any sense to you at all? Yeah, yeah. To sum it up, you’re saying you should look forwards not back. Yeah. I know that you do have to look back to a certain extent to make sure that you don’t end up like that [again]. The whole order seems to be about going back and back and back. There doesn’t seem to be much ‘forward’. (p. 227) References Andrews, D. A., & Bonta, J. (1998). The psychology of criminal conduct. Ohio: Anderson publishing. Burnett, R. (1992). The dynamics of recidivism. Oxford: Center for Criminological Research. Eaton, G., & Mews, A. (2019). The impact of short custodial sentences, community orders and suspended sentence orders on reoffending. London: Ministry of Justice. Retrieved from https://assets.publishing.service.gov.uk/government/ uploads/system/uploads/attachment_data/file/814177/impact-shortcustodial-sentences.pdf. 271 A commentary on Rethinking F.-Dufour, I. (2013). Réalisme critique et désistement du crime chez les sursitaires Québécois: Appréhension des facteurs structurels, institutionnels et identitaires (Ph. D.). Université Laval, Québec. F.-Dufour, I. (2015). Le désistement assisté? Les interventions des agents de probation telles que perçues par des sursitaires qui se sont désistés du crime. Criminologie, 48(2), 265–288. https://doi.org/10.7202/1033846ar F.-Dufour, I., Villeneuve, I. M.-P. C., & Perron, I. (2018). Les interventions informelles de désistement assisté: une étude de la portée. Canadian Journal of Criminology and Criminal Justice, 60, 206–240. Giordano, P., C., Cernkovich, S., A., & Rudolph, J., L. (2002). Gender, crime and desistance: Toward a theory of cognitive transformation. American Journal of Sociology, 107(4), 990–1064. Healy, D. (2012). The dynamics of desistance. Charting pathways thourgh change. Abingdon: Routledge. Hunter, B., & Farrall, S. (2017). Emotions, future selves and the process of desistance. The British Journal of Criminology, 58(2), 291–308. doi:10.1093/bjc/azx017 King, S. (2013). Assisted desistance and experiences of probation supervision. Probation Journal, 60(2), 136–151. Mark, M. (2010). Sample size and saturation in PhD studies using qualitative interviews. Forum: Qualitative Social Research, 11. Marshall, B., Cardon, P., Poddar, A., & Fontenot, R. (2013). Does sample size matter in qualitative research? A review of qualitative interviews in is research. Journal of Computer Information Systems, 54(1), 11–22. doi:10.1080/08874417.2 013.11645667 Maruna, S. (1998). Redeeming one’s self: How reformed ex-offenders make sense of their lives. (Ph. D.). Northwestern University, Evanston, IL. Maruna, S. (2020). De la réhabilitation au désistement assisté: Transcender le modèle médical.Criminologie,53(1), 19–39. https://doi.org/10.7202/1070500ar Nugent, B., & Schinkel, M. (2016). The pains of desistance. Criminology & Criminal Justice, 16(5), 568–584. doi:10.1177/1748895816634812 Pawson, R. (2006). Evidence-based policy: A realist perspective. London: Sage. Rex, S. (1999). Desistance from offending: Experiences of probation. Howard Journal of Criminal Justice, 38(4), 366. Roberts, J. V. (2003). Penal populism and public opinion: Lessons from five countries. In Studies in crime and public policy. Retrieved from http://site. ebrary.com/id/10084855 Saleebey, D. (1996). The strengths perspective in social work practice: Extensions and cautions. Social Work, 41(3), 296–305. Saleebey, D., & Saleebey, D. (2013). The strengths perspective in social work practice (6th ed.). Boston: Pearson. Sampson, R. J., & Laub, J. H. (1993). Crime in the making: Pathways and turning points through life. London: Harvard University Press. Shapland, J., & Bottoms, A. (2011). Reflections on social values, offending and desistance among young adult recidivists. Punishment & Society, 13(3), 256– 282. doi:10.1177/1462474511404334 272 A commentary on Rethinking Shover, N. (1983). The later stages of ordinary property offender careers. Social Problems, 31(2), 208–218. Villeneuve, M.-P., F.-Dufour, I., & Farrall, S (2021). Assisted desistance in a formal settings: A scoping review. The Howard Journal. Villeneuve, M.-P., F.-Dufour, I., & Turcotte, D. (2020). Désistement assisté: vecteur d’intégration sociocommunautaire pour des adolescents engagés dans une délinquance grave ou persistante. Criminologie, 53(1), 225–252. https:// doi.org/10.7202/1070508ar Ward, T. M. (2002). Good lives and the rehabilitation of offenders: Promises and problems. Aggression and Violent Behavior, 7(5), 513–528. https://doi. org/10.1016/S1359-1789(01)00076-3 Ward, T. M., & Maruna, S. (2007). Rehabilitation: Beyond the risk paradigm. In Key ideas in criminology. Retrieved from www.dawsonera.com/depp/reader/ protected/external/AbstractView/S9780203962176 Warr, M. (1998). Life-course transition and desistance from crime. Criminology, 36(2), 183–216. 273 A commentary on Rethinking What Works with Offenders Martine Herzog-Evans Rethinking What Works with Offenders (hereafter Rethinking) was published in 2002. I read it in about 2005, shortly before the follow-up publication (Farrall & Calverley, 2005). Later on, I kept up with the majority of the work yielded from the Tracking project (and notably Farrall, Hunter, Sharpe, & Calverley, 2014). Since Rethinking was published, theories of desistance have made significant progress (see e.g. Shapland, Farrall, & Bottoms, 2016). For instance, regarding marriage, we have learnt how it impacts desistance, when it does and under what conditions (Craig, Guerra, & Piquero, 2020). More recently, as regards the issue of identity and identity shift (or narratives, Maruna, 2001), more subtle dimensions have been investigated (Forney & Ward, 2019; Na & Jang, 2019) and this with a variety of approaches (Walters, 2019). Stephen Farrall’s 2002 work has unquestionably stood the test of time in as much as it has inspired further research. Nearly twenty years later, however, desistance studies have still not developed a fully fledged treatment model. As Stephen has put himself put it, there is no ‘desistance handbook with 10 weeks’ worth of exercises and tasks for attendees to complete which could be “sold”’ (Farrall, herein, p. 247). For the time being, the main function of desistance studies is elsewhere: it lies in the meticulous understanding, whether spontaneous or supported, of the desistance process and in drawing attention to how ‘real world’ probation and penal policies can impact this process. Methodology: persistence, persistence and finesse The first thing which Stephen’s work has taught me methodologically is persistence. It is remarkable that he has limited attrition in his cohort to 274 A commentary on Rethinking such a degree. Not only is it visible in the 2002 initial interviews; but he has also managed to re-interview a great proportion of his subjects for the latest sweep. The second thing that Stephen masterfully illustrates is that research breadth can only be acquired by measuring results that go far beyond official statistical data. In my own research, I have endeavoured to follow his example by systematically collecting the views of the main stakeholders, i.e. probationers. That being said, I also recognise that offenders’ interviews or self-reporting methods come with their own load of difficulties – and Stephen does acknowledge this. In Rethinking, the subjects were referred by their probation officers (POs) and there were indeed attempts to limit selection biases. Nonetheless, it is to be expected that probationers would have hoped that participating in the research would give them bonus points with their supervisor. Even when one makes sure that interviewees understand that they will not get any reward for participating, it is often patent that they still hope that it will influence decision-makers. Very little work is done The main finding of Rethinking, and the one which I refer to the most, is that probation work as it exists in the real life of the CJS is unlikely to make a significant dent in reoffending rates and, sadly, when it lacks certain characteristics and qualities, much difference in people’s lives at all. In spite of the many nuances and positive interpretation Stephen instils in Rethinking, he does formulate his own Martinsonian headline: ‘the clearest findings to emerge in the study is that probation interventions appear in many cases to have had little impact on either the obstacles faced by probationers or their lives more generally’ (p. 116, emphasis added). Indeed, Rethinking shows that when the interviewees are left to their own device, they are just as likely (or unlikely) to overcome the obstacles they face. More specifically, then, Rethinking shows that, overall, probation does not help service users overcome the obstacles to the desistance process which they encounter; that it does not concretely support desistance; and that, at best, it provides psychological support. Stephen notes, ‘There appears to be a consensus amongst officers that talking about obstacles to desistance with probationers will resolve them’ (p. 141). Sadly, I reached similarly sobering conclusions in the French context several years ago (Herzog-Evans, 2011, 2012). 275 A commentary on Rethinking One of the reasons for this is that probation typically does not abide by the Breadth principle (Bonta & Andrews, 2017). Unfortunately, things are unlikely to improve with contemporary McDonaldised (Robinson, 2018) a.k.a. managerial (Dubourg, 2015) probation. Indeed, as Stephen documents, probationers spend roughly 20 hours total contact with their probation officers which represents one-third of 1% of their time awake (Rethinking, p. 175). How can probation possibly have any impact under such circumstances? Another reason why probation does not make much of an impact is mentioned on page 127: despite the work of POs or the efforts made by the probationers the ‘wider social and personal context’ hampers the resolution of desistance obstacles. Arguably, crime is not committed in a vacuum and its treatment does not happen outside of the community. As it happens, Stephen has just recently documented the impact of economic crisis on offending trajectories (Farrall, Gray, & Jones, 2020). Another reason for probation’s lack of impact is alluded to on page 129: ‘Some offenders denied that probation could ever be of help’. Why might this be so? One reason could be that these offenders were amongst the most antisocial of his sample and rejected any form of help. More specifically, they could have had control/abuse schemas leading them not to trust anyone offering their help (Keulen-de Vos, Bernstein, & Arntz, 2014). Sociological approaches often dismiss the antisocial hypothesis in spite of the considerable amount of research which has established its neuro-biological (Raine & Yang, 2006), its quantitative (Bonta & Andrews, 2017) and its life-course (Moffitt, 2018) relevance. It is the interaction of economic-political and the psycho-neuro-biological explanations that best explain why some people persistently offend and why they might not accept the help and the hook for changes they are being offered. There may also be institutional causes for the lack of impact of probation. One always assumes that probation is either useful or at least neutral. In reality, probation can be controlling, abusive, and punitive and, consequently, cause resistance (Werth, 2011). Stephen’s interviewees may well have had previous experience with probation and have already found that rather than help, it can be oppressive or at the very least useless in their personal circumstances. It is further suggested in various parts of Rethinking that contemporary offender treatment may also be responsible for the lack of desistance support. If following the dissemination of risk-needs-responsivity programmes, many opponents of this model have argued that they have shifted probation work away from social work and desistance support (McNeill, Raynor, & Trotter, 2010), when Stephen’s sample was initially interviewed, very little such work had yet been disseminated 276 A commentary on Rethinking and traditional supervision still prevailed. The probation reality which Stephen describes is indeed that of one-to-one interviews and referrals. What went on in these one-to-one interviews was not treatment, or concrete support; in 50% of the cases help consisted in giving offenders advice (Farrall, 2002, p. 92). This is reminiscent of hands-off probation as it has developed since the 1970s in many jurisdictions, with the strange notion that assisting is enabling (Vanstone & Priestley, 2016). We should and we could do much better. If the recent years have taught us anything it is that highly developed and structured treatment models such as RNR are not incompatible with a desistance compass; quite the opposite (Herzog-Evans, 2018). No model is sufficiently comprehensive, sufficiently ethical and sufficiently attuned to the real world and the real culture of probation services. The only way one will make a serious dent in the offending lives of vulnerable or more antisocial offenders is by drawing upon all the existing models that work or are promising and fill their most glaring gaps. Additionally, POs have to possess a variety of extremely sophisticated skills ranging from the ability to address attitudes, cognitions and emotions, to social workers’ ability to build up networks, to provide welfare support, and including family counselling expertise. Desistance-based treatment or treatment with a desistance compass? Initially desistance was not a treatment model; it still is not in 2022. What desistance does bring to treatment is, in reality, a series of overreaching principles. One rather simple if not simplistic, yet at the same time essential principle is that probationers would benefit from being concretely helped with overcoming the obstacles they face when they try and desist from crime. Which obstacles might these be? Rethinking lists several of them: they are drugs and alcohol, peers, family, employment and housing. In spite of the different language used (obstacle versus criminogenic needs) desistance and RNR point in the same direction, which Stephen himself recognises on page 95. How it is proposed one overcomes such obstacles, however, differs. The research on desistance argues for a more practical and social approach; RNR seems to favour cognitive behavioural (and in its modern form, emotional, motivational and trauma focused) intervention. Yet both argue in favour of breadth; both put great emphasis on the quality of the relationship that supports treatment; and both have a rehabilitation ideal and horizon in mind. In fact, the similarities are even greater than one might think. For instance, when Stephen points to the importance 277 A commentary on Rethinking of the relationship between the probationer and the PO, he talks about a psychological construct, i.e. the ‘heart and soul’ of psychodynamics (Duncan, Millers, Wampold, & Hubble, 2010) and modern CBT (cognitive behavioural therapy) (Moorey & Lavender, 2018). Thus, in order to truly understand what the therapeutic alliance consists of, one must turn to the extremely large psychology literature. So far desistance studies as well as the RNR model have insufficiently explored this construct and cannot guide treatment in this regard other than by making general statements. The similarities between desistance and RNR is also apparent when Rethinking lists factors that would influence the outcome of probation supervision (p. 87): the work of the supervising PO; the motivation of the individual probationer; and the individual professional social and personal circumstances. This strikingly resembles the list of non-programmatic factors suggested by Palmer (1995) and Andrews (2011). Likewise Stephen suggests that ‘motivation . . . did appear to influence the extent to which obstacles are faced and overcome‘(p. 108). In RNR terms, this is a key responsivity factor. However, Rethinking suggests that the ‘most worrying’ (p. 183) factors are: the continued use of drugs and alcohol; being unemployed and not having any career opportunities; not being in a relationship; anger issues and immaturity; mental health; and also boredom. Again, one will have recognised the RNR model and several of the ‘Central Eight’ dynamic factors. Does probation work? In conclusion Stephen states, ‘The answer to the question of whether probation works is a qualified “yes” ’ (215); in reality, much of Rethinking has actually shown the opposite. What the book masterfully reveals is that offender supervision does not focus on the right things, is not active, and as we have seen, does not help with desistance obstacles. To use a psychology metaphor much of it is ‘talk probation’. Arguably, the reason why Stephen concludes that probation works is because he uses qualitative outcome measures that depart from reoffending rates. Under these more favourable auspices, he states that probation improves offenders’ lives and circumstances. Interestingly, the Ministry of Justice of England and Wales has recently published a report supporting this goal (Wong, 2020). In 2014, Stephen and his colleagues have further downscaled the role of supervision to planting a seed that might or might not grow years later. In this volume, Stephen states that perhaps these recommendations are ‘too contingent, too vague, too slippery, too imprecise for either policy-makers 278 A commentary on Rethinking and practitioners to work with or for social scientists to test.’ I would argue that they are indeed. However, Stephen is also is right in saying ‘Well, bad news: this is how these processes actually are’. I do believe that researchers are fully able to analyse the detours, the zigzagging and the other complexities of the desistance process. After all this is exactly what Stephen and his colleagues have so far convincingly uncovered. What is true, however, is that we need to understand and model this complexity in such a way that it is tailored to both the individual needs of probationers or ex-prisoners and to the institutional, legal, practical context of supervision. My opinion is that for this to happen we need to: a) refer to both sociological and psychological methodologies in such a way that this sheer complexity can be measured and then modelised; b) draw upon such work in order to adapt treatment, supervision and care. It is only with an integrated theory modelisation and understanding that we will fully support offenders and assist them in such a way that they, and the community, do not have to wait for several decades before the seed that has been planted eventually grows. Of particular importance is the necessity to link individual, psychological family-related, psychopathological, cognitive and emotional dimensions with the bigger picture which Stephen has systematically explored, whilst taking stock and drastically improving external responsibility factors such as institutional, legal and professional-cultural dimensions. Additionally, if critical criminology and sociological studies have thoroughly addressed and legitimately criticised the brutality and violence of the CJS, little has been done to link this vast literature with treatment theorisation and guidelines or with the legal system. The result of this is that the CJS continues to be a vast industrial complex whose main task is to create more offending, more disruptions in people’s lives and that of their loved ones and wider networks. When academics refer to treatment or desistance, they tend to consider that the CJS is perhaps not efficient but at least neutral. In reality, though, the CJS is an exceptionally nocebo enterprise. It is pointless to try and modelise treatment if we collectively do not address these systemic issues and start seriously influencing criminal and legal policies. Related to this, one of Stephen’s main points is that relationships between POs and probationers matter greatly. This assumes that POs are kind and supportive individuals who work in an environment that recruit such people and allows them to behave in this fashion. The reality, however, is that deterrent-based criminal policies or ‘prisonbation’ make it difficult for it to happen. Regarding methodology, as much as I agree with the argument that qualitative outcome measures are vastly superior to reoffending rates, and as much as I agree with the necessity to nurture hope, my main questions to Stephen has always been: ‘how does one convince policymakers to fund a system which purports to plant a seed, and provide hope whilst 279 A commentary on Rethinking not being expected to reduce recidivism?’ Sadly, this question is about to become ever more pressing as unemployment increases following the COVID-19 pandemic. A daunting challenge shall then become: what can probation do when economic hooks for change become virtually non-existent? Probationers will be left to rely on their families; arguably the best POs, counsellors and social workers of all. Indeed, Stephen suggests that the CJS could be more successful if it helped strengthening marriages and families (p. 219). Interestingly, working with families has been the core of juvenile justice agencies since they were created in the nineteenth century. Adult probation would possibly benefit from learning from its youth justice counterparts. It might be useful to remember that the so-called adult probationers are often very young adults who still have teenage brains. In essence, Rethinking leads the reader to reflect upon what to do with persistent offenders, and those who struggle to leave a life of crime. It additionally calls for a more holistic, kinder and more supportive probation: in short, a restorative probation (Marder, 2020). References Andrews, D. (2011). The impact of nonprogrammatic factors on criminal-justice interventions. Legal and Criminological Psychology, 16, 1–23. Bonta, J., & Andrews, D. (2017). The psychology of criminal conduct (6th ed.). London: Sage. Craig, J. M., Guerra, C., & Piquero, A. R. (2020). Immigrant status, offending, and desistance: Do relationship characteristics matter? Journal of Developmental and Life-Course Criminology. https://doi.org/10.1007/s40865-019-00133-4 Dubourg, E. (2015). Les services pénitentiaires d’insertion et de probation. Fondements juridiques. Evolution. Evaluation et avenir [Probation agencies. Legal rationale and evolution] (PhD dissertation). University of Nantes, Nantes, France. Duncan, B. L., Millers, S. D., Wampold, B. E., & Hubble, M. A. (Eds.). (2010). The heart and soul of change. Delivering what works in therapy. Washington, DC: American Psychological Association. Farrall, S. (2002). Rethinking what works with offenders, (1/e). Cullompton: Willan Publishing. With a Foreword by Christine Knott, Chief Probation Officer, Greater Manchester Probation Area. Farrall, S., & Calverley, A. (2005). Understanding desistance from crime. London: Open University Press. Farrall, S., Gray, E., & Jones, M. P. (2020). Politics, social and economic change, and crime: Exploring the impact of contextual effects on offending trajectories. Politics & Society, 48(3), 357–388. Farrall, S., Hunter, B., Sharpe, G., & Calverley, A. (2014). Criminal careers in transition: The social context of desistance from crime. Oxford: Oxford University Press. Forney, M., & Ward, J. T. (2019). Identity, peer resistance, and antisocial influence: Modeling direct and indirect causes of desistance. Journal of 280 A commentary on Rethinking Developmental and Life Course Criminology, 5. https://doi.org/10.1007/ s40865-018-0102-0 Herzog-Evans, M. (2011). Desisting in France: What probation officers know and do. A first approach. Ejprob, 3(2), 29–46. Herzog-Evans, M. (2012). Intérêts et difficultés d’une approche “désistante” en France In P. Mbanzoulou, M. Herzog-Evans, & S. Courtine (Eds.), Insertion et désistance des personnes placées sous main de justice. Savoirs et pratiques (pp. 87–109). Paris: L’Harmattan. Herzog-Evans, M. (2018). The risk-need-responsivity model: Evidence diversity and integrative theory. In P. Ugwudike, P. Raynor, & J. Annison (Eds.), Evidence-based skills in criminal justice. International research supporting rehabilitation and desistance (pp. 99–126). Bristol: Policy Press. Keulen-de Vos, M. E., Bernstein, D. P., & Arntz, A. (2014). Schema therapy for offenders with aggressive personality disorders. In R. C. Tafrate, & D. Mitchell (Eds.), Forensic CBT: A practitioner’s guide (pp. 66–83). Chichester, UK: Wiley Blackwell. Marder, I. D. (2020, April). Building restorative probation services. HM inspectorate of probation. London: Academic Insights. Maruna, S. (2001). Making good. How ex-convicts reform and rebuild their lives. Washington, DC: American Psychological Association. McNeill, F., Raynor, P., & Trotter, C. (Eds.). (2010). Offender supervision: New directions in theory, research and practice. Cullompton: Willan Publishing. Moffitt, T. E. (2018). Male antisocial behaviour in adolescence and beyond. Nature and Human Behavior, 2, 177–186. Moorey, S., & Lavender, A. (Eds.). (2018). The therapeutic relationship in cognitive behavioural therapy. London: Sage Publishing. Na, C., & Jang, S. J. (2019). Positive expected selves and desistance among serious adolescent offender. Journal of Developmental and Life-Course Criminology, 5(3), 310–334. Palmer, T. (1995). Programmatic and nonprogrammatic aspects of successful intervention: New directions for research. Crime & Delinquency, 41, 100–131. Raine, A., & Yang, Y. (2006). Neural foundations to moral reasoning and antisocial behavior. Social Cognitive and Affective Neuroscience, 1(3), 203–213. Robinson, G. (2018). Delivering McJustice? The probation factory at the Magistrate’s court. Criminology & Criminal Justice, 19(5), 605–621 Shapland, J., Farrall, S., & Bottoms, A. (Eds.). (2016). Global perspectives on desistance: Reviewing what we know and looking to the future. Abingdon: Routledge. Vanstone, M., & Priestley, P. (2016). Probation and politics. Academic reflections from former practitioners. London: Palgrave Macmilan Walters, G. D. (2019). Maturing out of delinquency: Unpacking the effects of identity achievement and future orientation on crime desistance. Self and Identity, 18, 267–283. Werth, R. (2011). I do what I’m told, sort of; Reformed subject, unruly citizens, and parole. Theoretical Criminology, 16(3), 329–346. Wong, K. (2020). If reoffending is not the only outcome, what are the alternatives? London: HM Inspectorate of Probation Academic Insights 2019/07 281 From ‘what works’ to desistance in probation? A commentary José Cid From ‘what works’ to desistance in probation Let me start with a personal note. My first reading of the book was in 2004. At that moment, I had in mind to write a book on suspended sentences and probation in the framework of the rehabilitation model. I remember having a conversation with a Spanish criminologist settled in England who advised to me to read Rethinking What Works with Offenders. In order to convince me, he said something like ‘It’s a new perspective’. I followed the advice of my colleague and I read the book. The experience was very stimulating. At that moment, I was only to some extent familiar with the What Works perspective and the book made me aware of the fact that different viewpoints might illuminate probation practice. Some books are a turning point in your research interests and Rethinking What Works with Offenders encouraged me to devote more time to reading the desistance literature and to undertaking research on desistance that we were able to carry out in the next decade (Cid & Martí, 2012, 2017; Martí, Albani, Ibàñez, & Cid, 2019). What was new in Farrall’s book? All criminologists interested in penology know very well the history. The rehabilitation paradigm, that had sustained the use of alternatives to prison suffered a crisis in the seventies when the rhetoric of ‘nothing works’ was a popular belief amongst criminologists (Cullen, 2013). The What Works movement was able to evidence that some programmes, of a cognitive-behavioural orientation, were effective in reducing recidivism (McGuire & Priestley, 1995) and reverted the crisis. The What Works agenda had a very significant influence, both in terms of institutional and community interventions, not only in England (Raynor, 2004), but in many correctional systems, such the one in my country of Spain (Redondo, 2017). Rethinking What Works . . . challenged the dominant paradigm. The research on which the book is based followed 199 probationers during their probation period 282 From ‘what works’ to desistance in probation and was focused in understanding desistence and persistence patterns. The investigation was not only new because it was based on self-reported data from the probationers and their probation officers but also for its results. It showed that participants who desisted on probation were not those who had dealt with their individual criminogenic needs though program participation or individual treatment. The factor that fostered desistance was improving social bonds with society in the areas of employment and family relations. The dominant What Works perspective was therefore criticised for being misleading, looking only at changing individual criminogenic needs and overlooking social dimensions, such as employment status and family relations, that were the most relevant factors that promote desistance. As Farrall (2002, p. 222) stated in the concluding chapter of his book: ‘Getting people into work . . . or encouraging people to become better parents and/or partners is not in the agenda as current probation thinking is about criminogenic need not desistance-oriented facilitators’. I re-read the book in order to prepare the present comment in 2020. The book, of course, was the same (with this additional 13th chapter), but I read it with a different perspective. My first reading was aimed at obtaining new perspectives for probation; my second one was devoted to know whether the challenge to provide a new paradigm for probation practice has been achieved. This re-reading of Rethinking What Works . . . makes it me clear that in my first one I was probably much too confident that Farrall’s research should be seen as a confirmation of the informal social control theory of Sampson and Laub (1993). In contrast to Sampson and Laub, one of the factors that was relevant in explaining desistance was raised in the subjective perspective of participants. Those that wanted to desist and felt it achievable were more able to desist than those participants who don’t want to desist or felt incapable of desisting. This result seems more related to the cognitive transformation theory developed by Giordano and colleagues (2002), according to which the openness to change is a necessary subjective element that precedes the social interactions needed to assume a conventional identity opposed to offending. On the other hand, some criminogenic needs were associated with the subjective state that was relevant for desistance and it suggested that overcoming some criminogenic needs could help to have a more positive perception about the willingness and perception of capability to desist (Farrall, 2014, p. 105). Moreover, the relevance of criminogenic needs were also evident for preventing failures in the process of desistance (Farrall, 2002, p. 191). The theoretical implications were more complicated than I realised in my first reading. 283 From ‘what works’ to desistance in probation Which are, then, the theoretical implication of Farrall’s research? In the new chapter (Chapter 13) of the second edition of the book, the author makes it clear that he favours an integrative theory of desistance, as advanced in the third book (Farrall, Hunter, Sharpe, & Calverley, 2014, pp. 119–120) that reported the fifth follow-up of the original sample. In this book, Farrall and colleagues explain that they don’t conceive their desistance research as a way of testing theories. According to them, many theories (informal social control, rational choice, cognitive transformation theory) may be able to contribute to the explanation of the desistance process, and different cases can be explained by different theories (Farrall et al., 2014). The discussion about integration of theories of desistance is the same issue that exists in general in criminological theories (Bernard & Snipes, 1996), although I understand the reasons for favouring theoretical integration: theories are not incompatible, and including variables of different theories may enlarge the explanatory power of criminological theories (Bernard & Snipes, 1996). I detect some collusion between the integrative option in criminology and the mission of informing criminal justice policy. Integrative theories – to explain engagement in crime or desistance from crime – may be more explanatory than single theories, but they can also be more difficult to translate into practice. The reason is that more complex or holistic theories do not fix priorities for action and therefore arguably have less impact. An example of the importance of having a single theory when trying to produce a practical impact on policy is shown by the What Works movement. As Cullen (2013) suggests, one of the reasons for the dominance of the What Works paradigm was its single theory (social learning theory) on which all the different programs advocated by this perspective were based. Of course, the supporters of the What Works movement are aware that the process of desistance requires full participation in society but the individual change (overcoming individual criminogenic needs) was seen as the main explanation of the societal integration. As Mackenzie (2006, p. 337) states, ‘[t]o get along with family, keep a job, support children, or form strong positive ties with other institutions, the person must change in cognitive reasoning, attitudes towards drug use, antisocial attitudes, reading level or vocational skills’. In my first reading of Rethinking What Works I understood that the findings were more compatible with informal social control theory that, I think, suggest an inverse pathway to the one proposed in Mackenzie’s quote. For informal social control theory, the acquisition of social bonds preceded individual change. As Laub and Sampson (2003, p. 149) state, ‘we believe that most 284 From ‘what works’ to desistance in probation offenders choose to desist in response to structurally induced turning points that serve as the catalyst for sustaining long-term behavioural change’. Of course, individual change is needed for desistance, but the explanation of this behavioural change is the participation of the individual in conventional social bonds of the adult life, such us stable employment, a good marriage or other similar bonds with society that foster individual change. Do we need an overarching theory of desistance to inform probation practice? Farrall and colleagues are right when they say that individuals may have different pathways to desistance, and we need to accept the compatibility of different theories. However, I think, practitioners need to have a general explanation about how change is achieved to ground rehabilitation practices in this general perspective. This was exactly what the What Works perspective provided and one of the reasons for its success. Desistance scholars have elaborated three main theoretical frameworks to explain desistance: informal social control theory (Sampson & Laub, 1993); cognitive transformation theory (Giordano, Cernkovich, & Rudolph, 2002) and social support theory (Cullen, 1994), that provide different explanations of how individual change is achieved (Cid & Martí, 2017). None of these theories discards the use of cognitive-behavioural methods or other individual-level interventions to overcome criminogenic needs but have a more interactive perspective – between societal and individual factors – on how the change is achieved. Looking at the findings of Rethinking What Works . . . from the perspective of these theories, I think cognitive transformation theory was the one most supported by the book. The willingness to change and the self-perception about the ability to sustain change at the beginning of the probation order was an explanation of the desistance pathways taken and of the role that some of the agents of change contributed (new family relations, new employment, the help of the probation service) and may be seen as hooks for change that helped participants to build a conventional identity. In the new chapter prepared for the second edition of the book, Farrall presents a Model of Impact of Assisted Desistance in Formal Settings (Figure 13.4). Although I realise that the author resisted labelling this model as such, I think is very much in line with the theory of cognitive transformation because the openness to change is placed at the beginning of the process, and then the probation system should (in case it is needed) make available to individuals structures (such as employment, family relationships, and accommodation) in which prosocial agents can help the individual to foster change. 285 From ‘what works’ to desistance in probation If this cognitive transformation theory seems to have confirmation in England (see also Bottoms & Shapland, 2011, for results that seem also compatible with this theory), it might be advisable to adapt this theory to the context, detail the factors that promote openness to change and those who act as a hook for change and explain the mechanisms that link these factors with the individual change. In his 20 years of research on desistance, Farrall has provided criminology with one of the most important research studies in the world about how change is achieved in the context of probation. Farrall and his colleagues have provided the evidence about the explanatory power of some desistance theories. If we wish that individuals and societies take advantage of this knowledge, we need to advance a theoretically oriented practice. The author of this book, and his colleagues, are the ones most able to take this next step forward. References Bernard, T., & Snipes, J. (1996). Theoretical integration in criminology. Crime and Justice, 20, 301–348. Bottoms, A., & Shapland, J. (2011). Steps towards desistance among male young adult recidivists. In S. Farrall, R. Sparks, S. Maruna, & M. Hough (Eds.), Escape routes: Contemporary perspectives on life after punishment (pp. 43–80). London: Routledge. Cid, J., & Martí, J. (2012). Turning points and returning points. Understanding the role of family ties in the process of desistance. European Journal of Criminology, 9(6), 603–620. Cid, J., & Martí, J. (2017). Imprisonment, social support and desistance: A theoretical approach to pathways of desistance and persistence for imprisoned men. International Journal of Offender Therapy and Comparative Criminology, 61(13), 1433–1454. Cullen, F. (1994). Social support as an organizing concept for criminology: Presidential address to the academy of criminal justice sciences. Justice Quarterly, 11(4), 527–559. Cullen, F. (2013). Taking rehabilitation seriously. Creativity, science, and the challenge of offender change. Punishment & Society, 14(1), 94–114. Farrall, S., Hunter, B., Sharpe, G., & Calverley, A. (2014). Criminal careers in transition. The social context of desistance from crime. Oxford: Oxford University Press. Giordano, P., Cernkovich, S. A., & Rudolph, J. L. (2002). Gender, crime, and desistance: Toward a theory of cognitive transformation. American Journal of Sociology, 107(4), 990–1064. Laub, J., & Sampson, R. (2003). Shared beginnings, divergent lives: Delinquent boys to age 70. Cambridge, MA: Harvard University Press. 286 From ‘what works’ to desistance in probation Mackenzie, D. (2006). What works in corrections. Reducing the criminal activities of offenders and delinquents. Cambridge: Cambridge University Press. Martí, J., Albani, E., Ibàñez, A., & Cid, J. (2019). Personal networks and desistance from crime in young offenders. European Journal of Criminology. https:// doi.org/10.1177/1477370819842207 McGuire, J., & Priestley, P. (1995). Reviewing ‘What Works?’ Past, Present and Future. In J. McGuire (Ed.), What works: Reducing reoffending (pp. 3–34). Chichester: Willey. Raynor, P. (2004). Rehabilitative and reintegrative approaches. In A. Bottoms, S. Rex, & G. Robinson (Eds.), Alternatives to prison (pp. 195–223). Cullompton: Willlan. Redondo, S. (2017). Evaluación y tratamiento de los delincuentes. Jóvenes y adultos. Madrid: Pirámide. Sampson, R., & Laub, J. (1993). Crime in the making: Pathways and turning points through life. Cambridge, MA: Harvard University Press. 287 288 230 !1.2069 !2.0477 !.7620 .2768 !1.4182 Previous no. of convictions No previous convictions 1–3 previous convictions !4 previous convictions OGRS OGRS OGRS OGRS OGRS (0–25%) (26–50%) (51–75%) (76–100%) !1.1118 !1.0341 !1.4250 !.8247 Probationers Had prison previously Previous violent conviction Previous theft conviction Previous other conviction Beta 3 1 1 1 2 1 1 1 1 1 1 Df .0177 .3552 .7613 .0891 .0028 .0834 .0017 .0028 .0067 .0004 .0253 Sig — — — — — — — — — Officers — — — — Beta Table A1: Variables associated with desistance from logistic regression analyses Appendix blank Df Sig .0221 .0174 .0250 .0271 .0373 .0188 1 1 1 1 1 1 2 1 1 Motivation–expectation Confidents Optimists Pessimists !.3589 !1.1921 .0175 .0451 1 1 .0216 .4450 .0057 .0023 1 — — Employment problem (SWP1) !1.1471 — — — — Depressed (SWP1) !.8589 Accommodation problem (SWP3) !1.0217 — — Alcohol problems (SWP3) !1.3115 — — — Total problems (SWP1) !.2423 Total problems (SWP2) !.2079 Total problems (SWP3) !.3078 — — Accommodation and employment !.9808 instability Probation Impact (SWP2) 1 .5236 Motivation–expectation Confidents Optimists Pessimists Drug problem (at offence) Accommodation problem (SWP1) — Drug problem (SWP1) Employment problem (SWP2) Drug problem (SWP2) Peer group problem (SWP2) — — Employment problem (SWP3) Family problem (SWP3) — Drug problems (SWP3) Peer group problems (SWP3) Depressed (SWP3) Total problems (SWP1) Total problems (SWP2) Total problems (SWP3) Employment Instability Accommodation Instability Accommodation and employment instability — 1 1 !.9371 !1.2199 !.6997 !.9381 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 !.7353 !.8057 !1.1894 !1.1827 !1.6441 !1.0426 !.7598 !.1935 !.2315 !.2364 !.9079 !1.1715 !1.6364 1 1 !.7688 !.8472 .0536 .0931 .0243 .0008 .0220 .0442 .0260 .0032 .0029 .0329 .0088 .0009 .0173 .0028 .0466 .0209 .0021 .0018 .0262 .0190 Appendix Appendix 289 231 Rethinking What Works with Offenders Appendix Notes 1 Probation Impact Scales were developed by summating three questions asked of officers and probationers at sweeps two and three. These asked whether the officer had said or done anything that would be helpful in keeping the probationer out of trouble in the future; probation supervision had helped the probationer stay out of trouble; and whether the probationer had learnt anything whilst on probation. The alpha coefficients for these questions were sufficiently high for them to be summated and used as a scale, and were officers, sweep two: .6324; officers, sweep three: .6158; probationers, sweep two: .7025; probationers, sweep three: .4619. These scales were positively correlated (officer sweep two/probationer sweep two: .289; Spearman’s p!.002, officer sweep three/probationer sweep three: .211; Spearman’s p!.033). 290 232 References Ackerley, E., Soothill, K. and Francis, B. (1998) When Do Sex Offenders Stop Offending? Research Bulletin 39. London: Home Office Research and Statistics Directorate, HMSO. Adams, K. (1997) Developmental aspects of adult crime. In Thornberry, T. (ed.) Developmental Theories of Crime and Delinquency. London: Transaction Press. Andrews, D. (1989) Recidivism is predictable and can be influenced. Focus on Correctional Research 1(2): 11–18. Appleton, C. and Roberts, C. (1999) Corby Probation Team, Northampton Probation Service Effective Practice Project: A Report of The Findings. Unpublished PSU report, University of Oxford. Bailey, R. (1995) Helping offenders as an element of justice. In Ward, D. and Lacey, M. (eds.) Probation: Working for Justice. London: Whiting & Brich. Bank, L., Patterson, G.R. and Reid, J.B. (1987) Delinquency prevention through the training of parents in family management. The Behaviour Analyst 10: 75–82. Barclay, G. (1990) The peak age of known offending by males. Home Office Research Bulletin 28: 20–23. Barnea, A., Rahav, G. and Teichman, M. (1987) The reliability and consistency of self-reports on substance use in a longitudinal study. British Journal of Addiction 82: 891–98. Barr, H. and O’Leary, E. (1966) Trends and Regional Comparisons in Probation. Home Office Research Unit Report 8. London: HMSO. Bean, P. (1976) Rehabilitation and Deviance. London: Routledge. Blaxter, M. (1990) Health and Lifestyle. London: Routledge. Blumstein, A., Cohen, J. and Farrington, D. (1988) Criminal career research: its value for criminology. Criminology 26(1): 1–35. Blumstein, A., Cohen, J., Roth, J.A. and Visher, C.A. (eds.) (1986) Criminal Careers and ‘Career Criminals’. Washington, DC: National Academy Press (two volumes). 291 233 Rethinking What Works with Offenders References Bochel, D. (1976) Probation and After-Care. Edinburgh: Scottish Academic Press. Boswell, G. (1996) The essential skills of probation work. In May, T. and Vass, A. (eds.) Working with Offenders. London: Sage. Bottoms, A. and McWilliams, W. (1979) A non-treatment paradigm for probation practice. British Journal of Social Work 9(2): 159–202. Bowling, B. (1993) Racial harassment and the process of victimisation. British Journal of Criminology 33(2): 231–50. Bridges, A. (1998) Increasing the Employability of Offenders. Probation Studies Unit Report 5. Brown, I. (1998) Successful probation practice. In Faulkner, D. and Gibbs, A. (eds.) New Politics, New Probation? Probation Studies Unit Report 6. Oxford: Centre for Criminological Research, University of Oxford. Brownlee, I. (1995) Intensive probation with young adult offenders. British Journal of Criminology 35(40): 599–612. Bryman, A. (1984) The debate about quantitative and qualitative research: a question of method or epistemology?. British Journal of Sociology 35(1): 75–92. Burnett, R. (1992) The Dynamics of Recidivism. Oxford: Centre for Criminological Research, University of Oxford. Burnett, R. (1994) The odds of going straight: offenders own predictions. In Sentencing, Quality and Risk: Proceedings of the 10th Annual Conference on Research and Information in the Probation Service. University of Loughborough, Midlands Probation Training Consortium, Birmingham. Burnett, R. (2000) Understanding criminal careers through a series of in-depth interviews. Offender Programs Report 4(1). Bushway, S., Piquero, A., Boidy, L., Cauffman, E. and Mazerolle, P., (1999) An empirical framework for studying desistance as a process desistance. Criminology 39(2): 496–515. Byrne, D. (1998) Complexity Theory and the Social Sciences. London: Routledge. Caddle, D. (1991) Parenthood Training for Young Offenders: An Evaluation of Courses in Young Offender Institutions. Research and Planning Unit Paper 63. London: Home Office, HMSO. Capaldi, D and Patterson, G. (1987) An approach to the problem of recruitment and retention rates in longitudinal research. Behavioural Assessment 9: 169–77. Chapman, T. (1995) Creating a culture of change: a case study of a car crime project in Belfast. In McGuire, J. (ed.) What Works: Reducing Reoffending. Chichester: Wiley. Chylicki, P. (1992) To cease with crime: pathways out of criminal careers. Unpublished PhD. thesis, Department of Sociology, Lund University, Sweden. Coleman, J.S. (1988) Social capital in the creation of human capital. American Journal of Sociology 94 (Suppl): s95–s120. Coleman, J.S. (1990) Foundations of Social Theory. London: Belknap Press. Cordray, S. and Polk, K. (1983) The implications of respondent loss in panel studies of deviant behaviour. Journal of Research in Crime and Delinquency 20: 214–42. 292 234 References References Cromwell, P.F., Olson, J.N. and Avary, D.W. (1991) Breaking and Entering. London: Sage. Crow, I. (1996) Employment, training and offending. In Drakeford, M. and Vanstone, M. (eds.) Beyond Offending Behaviour. Aldershot: Ashgate. Crow, I. (2000) Evaluating initiatives in the community. In Jupp, V. et al. (eds.) Doing Criminological Research. London: Sage. Cusson, M. and Pinsonneault, P. (1986) The decision to give up crime. In Cornish, D.B. and Clarke, R.V. (eds.) The Reasoning Criminal. SpringerVerlag: New York. Dale, M.W. (1976) Barriers to the rehabilitation of ex-offenders. Crime and Delinquency 22(3): 322–37. Davies, M. (1969) Probationers in Their Social Environment. Home Office Research Unit Report 2. London: HMSO. Ditton, J. (1977) Part-time Crime: An Ethnography of Fiddling and Pilferage. London: Macmillan. Elder, G.H. (1985) Perspectives on the life-course. In Elder, G.H. (ed.) Life-Course Dynamics. Ithaca, NY: Cornell University Press. Elliott, D. (1989) Improving self-reported measures of delinquency. In Klein, M.W. (ed.) Cross-National Research in Self-Reported Crime and Delinquency. Dordrecht: Kluwer Academic. Elliott, D. (1994) Serious violent offenders: onset, developmental course and termination – American Society of Criminology 1993 Presidential Address. Criminology 32: 1–22. Elliott, D. and Menard, S. (1996) Delinquent friends and delinquent behaviour: temporal and developmental patterns. In Hawkins, J.D. (ed.) Delinquency and Crime: Current Theories. Cambridge: Cambridge University Press. Fagan, J. (1989) Cessation of family violence: deterrence and dissuasion. In Ohlin, L. and Tonry, M. (eds.) Crime and Justice: An Annual Review of Research. Vol. 11. Farrall, S. (2000) Introduction. In Farrall, S. (ed.) The Termination of Criminal Careers. Aldershot: Ashgate. Farrall, S. (2002) Long-term absences from probation: officers’ and probationers’ accounts. Howard Journal of Criminal Justice 41(3): 263–78. Farrall, S. (n.d.) Self, officer and officially recorded offending on probation: (how) are they related?. Unpublished paper. Farrall, S. and Bowling, B. (1999) Structuration, human development and desistance from crime. British Journal of Criminology 39(2): 252–67. Farrington, D.P. (1977) The effects of public labelling. British Journal of Criminology 17(2): 112–25. Farrington, D.P. (1989) Self-reported and official offending from adolescence to adulthood. In Klein, M.W. (ed.) Cross-National Research in Self-Reported Crime and Delinquency. Dordrecht: Kluwer Academic. 293 235 Rethinking What Works with Offenders References Farrington, D.P. (1992a) Criminal career research in the UK. British Journal of Criminology 32(4): 521–36. Farrington, D.P. (1992b) Juvenile delinquency. In Coleman, J. (ed.) The School Years. London: Routledge. Farrington, D.P. (1997) Human development and criminal careers. In Maguire, M. et al. (eds.) The Oxford Handbook of Criminology (2nd edn). Oxford: Clarendon Press. Farrington, D.P., Gallagher, B., Morley, L., St Ledger, R.J. and West, D.J. (1986) Unemployment, school leaving and crime. British Journal of Criminology 26(4): 335–56. Farrington, D. and Hawkins, J.D. (1991) Predicting participation, early onset and later persistence in officially recorded offending. Criminal Behaviour and Mental Health 1(1): 1–33. Farrington, D.P., Osborn, S.G. and West, D. (1978) The persistence of labelling effects. British Journal of Criminology 18(3): 277–84. Feld, S.L. and Straus, M.A. (1989) Escalation and desistance of wife assault. Criminology 27: 141–61. Feld, S.L. and Straus, M.A. (1990) Escalation and desistance of wife assault. In Straus, M.A. and Gelles, R.J. (eds.) Physical Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families. New Brunswick, NJ: Transaction Publishers. Flood-Page, C., Campbell, S., Harrington, V. and Miller, J. (2000) Youth Crime: Findings From the 1998/99 Youth Lifestyles Survey. Home Office Research Study. 209. London: HMSO. Folkard, S. Fowles, A.J., McWilliams, B.C., McWilliams, W., Smith, D.D., Smith, D.E. and Walmsley, G. (1974) IMPACT: Intensive Matched Probation and After-Care Treatment. Home Office Research Study 24. London: HMSO. Folkard, S., Lyon, K., Carver, M.M. and O’Leary, E. (1966) Probation Research: A Preliminary Report. Home Office Research Unit Report 7. London: HMSO. Folkard, S., Smith, D.E., Smith, D.D. and Walmsley, G. (1976) IMPACT: Intensive Matched Probation and After-Care Treatment, Volume II: The Results of the Experiment. Home Office Research Study 36. London: HMSO. Gendreau, P. (1996) The principles of effective intervention with offenders. In Harland, A. (ed.) Choosing Correctional Options that Work. London: Sage. Giele, J.Z. and Elder, G.H. (eds.) (1998) Methods of Life Course Research. London: Sage. Gottfredson, M. and Hirschi, T. (1986) The true value of lambda would appear to be zero: an essay on career criminals, criminal careers, selective incapacitation, cohort studies and related topics. Criminology 24(2): 213–34. Gottfredson, M. and Hirschi, T. (1990) A General Theory of Crime. Stanford, CA: Stanford University Press. Gottfredson, S.D. and Taylor, R.B. (1988) Community contexts and criminal offenders. In Hope, T. and Shaw, M. (eds.) Communities and Crime Reduction. London: HMSO. 294 236 References References Graham, J. and Bowling, B. (1995) Young People and Crime. Home Office, HORS 145. London: HMSO. Guidry, L.S. (1975) Use of a covert punishment contingency in compulsive stealing. Journal of Behaviour Therapy and Experimental Psychiatry 6: 169. Hagan, J. (1994) Crime and Disrepute. London: Pine Forge Press. Hagan, J. (1997) Crime and capitalization: toward a developmental theory of street crime in America. In Thornberry, T. (ed.) Developmental Theories of Crime and Delinquency. New Brunswick, NJ: Transaction Press. Hagan, J. and McCarthy, B. (1997) Mean Streets. Cambridge: Cambridge University Press. Haines, K. (1990) After-Care for Released Offenders: A Review of the Literature. Cambridge: Institute of Criminology, Cambridge University. Haines, K. (1999) Crime is a social problem. European Journal on Criminal Policy and Research 7: 263–75. Harland, A. (ed.) (1995) Choosing Correctional Options that Work. London: Sage. Haslewood-Pocsik, I. and Roberts, C. (1999a) Humberside Probation Service Effective Practice Project: a report of the findings. Unpublished PSU Report, University of Oxford. Haslewood-Pocsik, I. and Roberts, C. (1999b) Northumbria Probation Service Effective Practice Project: a report of the findings. Unpublished PSU Report, University of Oxford. Haslewood-Pocsik, I. and Roberts, C. (1999c) The West Midlands Probation Service and Probation Studies Unit Demonstration Project: using the ACE system. Unpublished PSU Report, University of Oxford. Hazaleus, S.L. and Deffenbacher, J.L. (1986) Relaxation and cognitive treatments of anger. Journal of Consulting and Clinical Psychology 54: 222–26. Hedderman, C. (1998) A critical assessment of probation research. Research Bulletin 39: 1–7. Henry, S. (1978) The Hidden Economy: The Context and Control of Borderline Crime. Oxford: Martin Robertson. Hirschi, T. and Gottfredson, M. (1995) Control theory and the life-course perspective. Studies on Crime And Crime Prevention 4(2): 131–42. Hogan, D.P. and Astone, N.M. (1986) The transition to adulthood. Annual Review of Sociology 12: 109–30. Home Office (1995) The Criminal Careers of those Born Between 1953 and 1973. Home Office Bulletin 14/95. London: Home Office. Home Office (1996) Guidance for the Probation Service on the Offender Group Reconviction Scale (OGRS). Home Office Circular 63/1996. London: Home Office. Home Office (1999) Digest Four. London: Home Office. Hood, R. (1963/1967) Research on the effectiveness of punishments and treatments. In Collected Studies in Criminological Research. Vol. 1. Council of Europe. Hood, R. and Sparks, R. (1970) Key Issues in Criminology. London: Wiedenfeld & Nicolson. 295 237 Rethinking What Works with Offenders References Horney, J., Osgood, D.W. and Haen Marshall, I. (1995) Criminal careers in the short term: intra-individual variability in crime and its relation to local life circumstances. American Sociological Review 60: 655–73. Hughes, M. (1997) An exploratory study of young adult black and latino males and the factors facilitating their decisions to make positive behavioural changes. Smith College Studies in Social Work 67(3): 401–14. Hughes, M. (1998) Turning points in the lives of young inner-city men forgoing destructive criminal behaviours: a qualitative study. Social Work Research 22: 143–51. Irwin, J. (1970) The Felon. Englewood Cliffs, NJ: Prentice-Hall. Jamieson, J., McIvor, G. and Murray, C. (1999) Understanding Offending among Young People. Edinburgh: HMSO. Johnson, J.E. (1979) Juvenile Delinquency and its Origins. Cambridge: Cambridge University Press. Jones, P. (1996) Risk prediction in criminal justice. In Harland, A. (ed.) Choosing Correctional Options that Work. London: Sage. Knight, B.J., Osborn, S.G. and West, D.J. (1977) Early marriage and criminal tendency in males. British Journal of Criminology 17(4): 348–60. Knight, B.J. and West, D.J. (1975) Temporary and continuing delinquency. British Journal of Criminology 15(1): 43–50. Kratzer, L. and Hodgins, S. (1999) A typology of offenders: a test of Moffitt’s theory among males and females from childhood to age thirty. Criminal Behaviour and Mental Health 9: 57–73. Laub, J., Nagin, D. and Sampson, R. (1998) Trajectories of change in criminal offending: good marriages and the desistance process. American Sociological Review 63: 225–38. Laub, J.H. and Sampson, R.J. (1993) Turning points in the life course: why change matters to the study of crime. Criminology 31(3): 301–25. Laub, J.H. and Sampson, R.J. (2001) Understanding desistance from crime. In Tonry, M. (ed.) Crime and Justice: An Annual Review of Research. Vol. 26. Laub, J., Sampson, R., Corbett, R. and Smith, J. (1995) The public policy implications of a life-course perspective on crime. In Barlow, H. (ed.) Crime and Public Policy. Oxford: Westview. Lawson, L.S. (1983) Alcoholism. In Hersen, M. (ed.) Outpatient Behaviour Therapy: A Clinical Guide. New York: Grune & Stratton. Leibrich, J. (1993) Straight to the Point: Angles on Giving up Crime. Otago, New Zealand: University of Otago Press. Leibrich, J. (1996) The role of shame in going straight: a study of former offenders. In Galaway, B. and Hudson, J. (eds.) Restorative Justice. Monsey, NJ: Criminal Justice Press. 296 238 References References Lipsey, M. (1995) What do we learn from 400 research studies on the effectiveness of treatment with juvenile delinquents? In McGuire, J. (ed.) What Works: Reducing Reoffending. Chichester: Wiley. Lloyd, C., Mair, G. and Hough, M. (1994) Explaining Reconviction Rates: A Critical Analysis. Home Office Research and Planning Unit Report 136. London: HMSO. Loeber, R. and LeBlanc, M. (1990) Toward a developmental criminology. In Tonry, M. and Morris, N. (eds.) Crime and Justice. Vol. 12. Chicago, IL: University of Chicago Press. Loeber, R., Stouthamer-Loeber, M., Van Kammen, W. and Farrington, D.P. (1991) Initiation, escalation and desistance in juvenile offending and their correlates. Journal of Criminal Law and Criminology 82(1): 36–82. Lösel, F. (1995) The efficacy of correctional treatment: a review and synthesis of meta-evaluations. In McGuire, J. (ed.) What Works: Reducing Reoffending. Chichester: Wiley. MacKenzie, D.L., Browning, K., Skroban, S.B., and Smith, D.A. (1999) The impact of probation on the criminal activities of offenders. Journal of Research in Crime and Delinquency 36(4): 423–53. Mair, G., Lloyd, C. and Hough, M. (1997) The limitations of reconviction rates. In Mair, G. (ed.) Evaluating the effectiveness of community penalties. Aldershot: Avebury. Mair, G., Lloyd, C., Nee, C. and Sibbitt, R. (1994) Intensive Probation in England and Wales: An Evaluation. Home Office Research Study 133. London: HMSO. Mair, G. and May, C. (1997) Offenders on Probation. Home Office Research Study 167. London: HMSO. Mair, G. and Nee, C. (1992) Day centre reconviction rates. British Journal of Criminology 32(3): 329–39. Manchester City Council (1998) Crime and Disorder: An Audit of Problems and Priorities for Manchester. Manchester: Community Safety Team, Manchester City Council. Martinson, R. (1974) What works? Questions and answers about prison reform. The Public Interest 35: 22–54. Maruna, S. (1997) Going straight: desistance from crime and life narratives of reform. The Narrative Study of Lives 5: 59–93. Maruna, S. (2000a) Desistance from crime and offender rehabilitation: a tale of two research literatures. Offender Programs Report 4(1). Maruna, S. (2000b) Criminology, desistance and the psychology of the stranger. In Canter, D. and Alison, L.J. (eds.) Beyond Profiling: Developments in Investigative Psychology. Aldershot: Dartmouth Books. Matthews, R. and Pitts, J. (2000) Rehabilitation, recidivism and realism: evaluating violence reduction programmes in prison. In Jupp, V. et al. (eds.) Doing Criminological Research. London: Sage. May, C. (1999) Explaining Reconviction Following a Community Sentence: The Role of Social Factors. Home Office Research Study 192. London: HMSO. 297 239 Rethinking What Works with Offenders References McConville, M., Sanders, A. and Leng, R. (1991) The Case for the Prosecution. London: Routledge. McDougall, C., Barnett, R.M., Ashurst, B. and Willis, B. (1987) Cognitive control of anger. In McGurk, B.J. et al. (eds.) Applying Psychology to Imprisonment: Theory and Practice. London: HMSO. McGuire, J. (ed.) (1995) What Works: Reducing Reoffending. Chichester: Wiley. McGuire, J. and Priestly, P. (1995) Reviewing ‘what works’: past, present and future. In McGuire, J. (ed.) What Works: Reducing Reoffending. Chichester: Wiley. Meisenhelder, T. (1977) An exploratory study of exiting from criminal careers. Criminology 15(3): 319–34. Meisenhelder, T. (1982) Becoming normal: certification as a stage in exiting from crime. Deviant Behaviour 3: 137–53. Mischkowitz, R. (1994) Desistance from a delinquent way of life? In Weitekamp, E.G.M. and Kerner, H.J. (eds.) Cross-National Longitudinal Research on Human Development and Criminal Behaviour. Dordrecht: Kluwer Academic. Moffitt, T. (1993) ‘Life-course persistent’ and ‘adolescent-limited’ antisocial behaviour: a developmental taxonomy. Psychological Review 100: 674–701. Moffitt, T.E. (1997) Adolescence-limited and life-course persistent offending: a complementary pair of developmental theories. In Thornberry, T. (ed.) Developmental Theories of Crime and Delinquency. London: Transaction Press. Mulvey, E.P. and Aber, M. (1988) Growing out of delinquency: development and desistance. In Jenkins, R.L. and Brown, W.K. (eds.) The Abandonment of Delinquent Behaviour: Promoting the Turnaround. New York: Praeger. Mulvey, E.P. and La Rosa, J.F. (1986) Delinquency cessation and adolescent development: preliminary data. American Journal of Orthopsychiatry 56(2): 212–24. Murray, C. and Cox, L. (1979) Beyond Probation: Juvenile Corrections and the Chronic Delinquent. London: Sage. National Standards (1995) London: Home Office. Newburn, T. (1997) Youth, crime and justice. In Maguire, M. et al. (eds.) The Oxford Handbook of Criminology (2nd edn). Oxford: Clarendon Press. O’Donnell, C.R., Lydgate, T. and Fo, W.S.O. (1979) The buddy system: review and follow-up. Child Behaviour Therapy 1: 161–69. O’Donnell, I. and Edgar, K. (1996) The Extent and Dynamics of Victimisation in Prisons. Oxford: Centre for Criminological Research, University of Oxford. Oldfield, M. (1996) The Kent Reconviction Survey. Kent Probation Service. Osborn, S.G. (1980) Moving home, leaving London and delinquent trends. British Journal of Criminology 20(1): 54–61. Osborn, S.G. and West, D.J. (1979) Marriage and delinquency: a postscript. British Journal of Criminology 18(3): 254–56. Osler, A. (1995) Introduction to the Probation Service. Winchester: Waterside Press. 298 240 References References Ouimet, M. and Le Blanc, M. (1996) The role of life experiences in the continuation of the adult criminal career. Criminal Behaviour and Mental Health 6: 73–97. Palmer, T. (1996) Programmatic and non-programmatic aspects of successful interventions. In Harland, A. (ed.) Choosing Correctional Options that Work. London: Sage. Parker, H. (1976) Boys will be men: brief adolescence in a down-town neighbourhood. In Mungham, G. and Pearson, G. (eds.) Working Class Youth Culture. London: Routledge. Pawson, R. (1997) Evaluation methodology: back to basics. In Mair, G. (ed.) Evaluating the Effectiveness of Community Penalties. Aldershot: Avebury. Pawson, R. and Tilley, N. (1994) What works in evaluation research? British Journal of Criminology 34(3): 291–306. Pawson, R. and Tilley, N. (1996) What’s crucial in evaluation research: a reply to Bennett. British Journal of Criminology 36(4): 574–78. Pawson, R. and Tilley, N. (1997) Realistic Evaluation. London: Sage. Petersilia, J. (1998) Probation and parole. In Tonry, M. (ed.) The Handbook of Crime and Punishment. Oxford: Oxford University Press. Pezzin, L.E. (1995) Earning prospects, matching effects and the decision to terminate a criminal career. Journal of Quantitative Criminology 11(1): 29–50. Phillpotts, G. and Lancucki, L. (1979) Previous Convictions, Sentence and Reconviction. Home Office Research Study 53. London: HMSO. Priestly, P., McGuire, M., Flegg, J., Hemsley, M., Welham, D. and Barnitt, R. (1984) Social Skills in Prisons and the Community: Problem Solving for Offenders. London: Routledge. Quigley, B.M. and Leonard, K.E. (1996) Desistance of husband aggression in the early years of marriage. Violence and Victims 11: 355–70. Radzinowicz, L. (ed.) (1958) The Results of Probation. London: Macmillan. Rand, A. (1987) Transitional life events and desistance from delinquency and crime. In Wolfgang, M.E. et al. (eds.) From Boy to Man, from Delinquency to Crime. Chicago, IL: University of Chicago Press. Raynor, R. (1998) Attitudes, social problems and reconvictions in the ‘STOP’ probation experiment. Howard Journal of Criminal Justice 37(1): 1–15. Raynor, P. and Vanstone, M. (1997) Straight Thinking on Probation (STOP). Probation Studies Unit Report 4. Oxford: University of Oxford, Centre for Criminological Research. Rex, S. (1998) Promoting effective supervisory relationships. In Faulkner, D. and Gibbs, A. (eds.) New Politics, New Probation? Probation Studies Unit Report 6. Oxford: Centre for Criminological Research, University of Oxford. Rex, S. (1999) Desistance from offending: experiences of probation. Howard Journal of Criminal Justice. Ross, M.W., Stowe, A., Wodak, A. and Gold, J. (1995) Reliability of interview responses of injecting drug users. Journal of Addictive Diseases 14(2): 1–12. 299 241 Rethinking What Works with Offenders References Ross, R.R. and Ross, R.D. (1995) Thinking Straight. Ottowa: Air Training and Publications. Sampson, R.J. and Laub, J.H. (1990) Crime and deviance over the life-course: the salience of adult social bonds. American Sociological Review 55: 609–27. Sampson, R.J. and Laub, J.H. (1993) Crime in the Making: Pathways and Turning Points through Life. London: Harvard University Press. Sampson, R.J. and Laub, J.H. (1995) Understanding variability in lives through time: contributions of life-course criminology. Studies on Crime And Crime Prevention 4(2): 143–58. Sampson, R.J. and Laub, J.H. (1997) A life-course theory of cumulative disadvantage and the stability of delinquency. In Thornberry, T. (ed.) Developmental Theories of Crime and Delinquency. London: Transaction. Sarno, C., Hearden, I., Hedderman, C., Hough, M., Nee, C. and Herrington, V. (2000) Working their Way out of offending. Home Office Research Study 218. London: Home Office. Sarno, C., Hough, M., Nee, C. and Herrington, V. (1999) Probation Employment Schemes in Inner London and Surrey – An Evaluation. Home Office. Research Findings 89. London: Home Office. Shover, N. (1983) The later stages of ordinary property offender careers. Social Problems 31(2): 208–18. Shover, N. (1985) Aging Criminals. Beverley Hills, CA: Sage. Shover, N. (1996) Great Petenders: Pursuits and Careers of Persistent Thieves. Oxford: Westview. Shover, N. and Henderson, B. (1995) Repressive crime control and male persistent thieves. In Barlow, H. (ed.) Crime and Public Policy. Oxford: Westview. Shover, N. and Thompson, C. (1992) Age, differential expectations and crime desistance. Criminology 30(1): 89–104. Simon, F. (1971) Prediction Methods in Criminology. Home Office Research Unit Report 7. London: HMSO. Smith, D.A., Visher, C.A. and Jarjoura, G.R. (1991) Dimensions of delinquency. Journal of Research on Crime and Delinquency 28(1): 6–32. Sommers, I., Baskin, D.R. and Fagan, J. (1994) Getting out of the life: crime desistance by female street offenders. Deviant Behaviour 15(2): 125–49. Sparks, R., Bottoms, A. and Hay, W. (1996) Prisons and the Problem of Order. Oxford: Clarendon Press. Sparks, R., Genn, H. and Dodd, D. (1977) Surveying Victims. Chichester: Wiley. Stewart, J., Smith, D. and Stewart, G. (1994) Understanding Offending Behaviour. Harlow: Longman. Stone, N. (1998) A Companion Guide to Enforcement. Ilkley: Owen Wells. Tarling, R. (1993) Analysing Offending. London: HMSO. Thornberry, T. (1987) Toward an interactional theory of delinquency. Criminology 25: 863–91. 300 242 References References Thornberry, T. (1997) Introduction: some advantages of developmental and life-course perspectives for the study of crime and delinquency. In Thornberry, T. (ed.) Developmental Theories of Crime and Delinquency. London: Transaction Press. Thorogood, M., Arscott, A., Walls, P., Dunn, N.R. and Mann, R.D. (forthcoming) Matched controls in a case-control study: does matching by doctors’ list mean matching by relative deprivation? International Journal of Social Research Methodology. Tilley, N. (2000) Doing realistic evaluation of criminal justice. In Jupp, V. et al. (eds.) Doing Criminological Research. London: Sage. Tolman, R.M., Edleson, J.L. and Fendrich, M. (1996) The applicability of the theory of planned behavior to abusive men’s cessation of violent behavior. Violence and Victims 119(4): 341–54. Trasler, G. (1979) Delinquency, recidivism and desistance. British Journal of Criminology 19(4): 314–22. Tunnell, K.D. (1992) Choosing Crime. Chicago, IL: Nelson-Hall Publishers. Uggen, C. (2000) Work as a turning point in the life course of criminals: a duration model of age, employment and recidivism. American Sociological Review 67: 529–46. Uggen, C. and Kruttschnitt, K. (1998) Crime in the breaking: gender differences in desistance. Law and Society Review 32(2): 339–66. Uggen, C. and Piliavim, I. (1998) Asymmetrial causation and criminal desistance. Journal of Criminal Law and Criminology 88(4): 1399–422. Ulmer, J.T. and Spencer, J.W. (1999) The contributions of an interactionist approach to research and theory on criminal careers. Theoretical Criminology 3(1): 95–124. United Nations (1951) Probation and Related Measures. Document E/CN.5/230. New York: United Nations. Wallace, C. (1986) From girls and boys to women and men: the social reproduction of gender roles in the transition from school to (un)employment. In Walker, S. and Barton, L. (eds.) Youth, Unemployment and Schooling. Milton Keynes: Open University Press. Wallace, C. (1987) For Richer, for Poorer: Growing up in and out of Work. London: Tavistock. Warr, M. (1998) Life-course transitions and desistance from crime. Criminology 36(2): 183–215. Weis, J. (1986) Issues in the measurement of criminal careers. In Blumstein, A. et al. (eds.) Criminal Careers and ‘Career Criminals’. Washington, DC: National Academy Press, Volume Two. West, D.J. (1982) Delinquency: It’s Roots, Careers and Prospects. London: Heinemann. West, G.W. (1978) The short term careers of serious thieves. Canadian Journal of Criminology 20: 169–90. 301 243 Rethinking What Works with Offenders References Whitfield, D. (1998) Introduction to the Probation Service. Winchester: Waterside Press. Wilkinson, J. (1997) The impact of Ilderton Motor Project on motor vehicle crime and offending. British Journal of Criminology 37(4): 568–81. Williams, M. and May, T. (1996) Introduction to the Philosophy of Social Research. London: UCL Press. Willis, A. (1986) Help and control in probation: an assessment of probation practice. In Pointing, J. (ed.) Alternatives to Custody. Oxford: Blackwell. Wilson, W.J. (1991) Studying inner-city social dislocations: the challenge of public agenda research. American Sociological Review 56: 1–14. Wolfgang, M.E., Figlio, R.M. and Sellin, T. (1972) Delinquency in a Birth Cohort. London: University of Chicago Press. Worrall, A. (1997) Punishment in the Community. London: Longman. Young, J. (1999) The Exclusive Society. London: Sage. 302 244 Index syndrome, 3–4, 3–4, 14, 14, 16, 16,44, 44, ‘black box’ syndrome, 213 259, 266, 271 87, 175, 213, study,9,9,10, 10,14–15, 14–15, Burnett’s prison study, 40, 45, 45,99, 99,100, 100,114fn2, 114fn2 27, 28fn4, 40, 264, 269 chaos/complexity, 31, 42–44 cognitive behaviouralism, 13, 14, 75, chaos/complexity, 31, 42–44 215, 222, 228 cognitive behaviouralism, xix, xxii criminal careers, 13, 14, 75, 215,6–11, 222, 15–16 228, 277–278, 179, 282, 284, 285 descriptions of supervision, criminal careers, 6–11, 15–16,24–25, 231, 116–144 235–238 desistance, 3, 7–11, 16, 25, 28fn8, 64–68, 72–73, 108–112, 173–192, descriptions of supervision, 24–25, 202–203, 232–233, 212, 215, 241–245, 227 116–144, by276–279 ethnicity, 174 by females, 10, 174 desistance, xxi–xxv, 3, 7–11, 16, 25, impact employment upon, 7–8, 28fn8,of64–68, 72–73, 108–112, 14, 15, 28fn6, 128–129, 142,227, 173–192, 202–203, 212, 215, 145–146, 250–254, 149, 150–152, 177–180, 235–249, 259–262, 191, 212, 274-280, 213–214 282-286 264–271, impact of families by ethnicity, 174 upon, 8–9, 15, 121,10, 128, by28fn6, females, 174129, 129–130, 138–140, 142, 145–146,upon, 152–157, impact of employment 159–160, 177–180, 190, 191, 142, 212, 7–8, 14, 15, 28fn6, 128–129, 213–214 145–146, 149, 150–152, 177–180, obstacles to,213–214 17, 23, 73–83, 207–212 191, 212, operationalised, 64–68, impact of families upon,69fn5 8–9, 15, role of motivation in, 9, 16–17, 18, 28fn6, 121, 128, 129, 129–130, 99–105, 174, 213–214 138–140,160–167, 142, 145–146, 152–157, and159–160, white-collar offenders, 28fn8 177–180, 190, 191, 212, developmental 213–214 criminology, 31, 38–42. to, 17, 23, 73–83, 207–212 obstacles domestic violence, 64–68, 28fn5, 69fn5 126, 142, operationalised, 147, 194 role of 184, motivation in, 9, 16–17, 18, ‘dynamic’ variables, 145–168, 99–105, 160–167,26–27, 174, 213–214 168fn1 and white-collar offenders, 28fn8 developmental criminology, 31, 38–42. impact of, 146–152, 167, employment, domestic violence, 177–180, 182 28fn5, 126, 142, 147, 184, 194 ‘dynamic’impact variables, 26–27, 145–168, families, of, 152–157, 159–160, 168fn1 167, 177–180, 182 employment, impact of, Index, 146–152, Home Office Offenders 18, 59 167,capital 177–180, human (see182 also social existentialism, 240 capital), 216–219, 228 life-style, 157–160, families, impact of,187–188, 152–157, 189–190 159–160, 167, 177–180, 182, 238, 252, 261, 268, 269, 280, Maruna, S., 3,277, 9–10, 16,282–285 65 missed probation appointments, 118, 129–130, 131, 136–137, 185, 190 Home Office Offenders Index, motivation, 18, 59 99–114 variations by(see criminal history, human capital also social 102–103, 168 228, 250, 251 capital), 216–219, variation by social circumstances, 104 Theory of Structural and Integrated variations in Level obstacles faced, and 105, Individual Processes 108–109, Criminal 168 Careers, 235–240 303 245 Index obstacles 157–160, 187–188, life-style, agreement 189–190 over, 75–76, 112, 129, 130–131, 138, 140, 207 and ‘co-working’, 90–241, 92, 93 –94, 168 macro-level processes, 245 impactS., of3,motivation on,239, 99–247, 134, Maruna, 9–10, 16, 65, 119, 250–251, 129–130, 253, 149, 255, 154–264, 155,265, 249, 156–274 157, 160–167, 178–180, 269, 183–184, 186–188 McNeill, F., 247–249 planned solutions to, 76–83 118, missed probation appointments, related to alcohol, 74–75,185, 80–83, 129–130, 131, 136–137, 19093, 105, 122,99–114, 127, 146, –152, motivation, 243,150 246, 248, 153–259, 154, 262, 155, 266, 178–267–268, 180, 182,269, 183, 250, 184–185 277–278 related to drugs, 74–75, 80–83, 93, variations by criminal history, 105, 109–112, 102–103, 168 117–121, 126, 127, 128–129,by132, 133circumstances, –134, 136, variation social 137 104–138, 147, 149, 153–154, 155, 156–157,in 182, 183–184 variations obstacles faced, 105, related to employment, 74–75, 130, 108–109, 168 131, 157–160, 160–164, 189–190 related to family, 74–267, 75, 179 obstacles, 238, 243, 262, 269, 270, related to friends, 275, 276, 277–27874–75, 75–80, 128, 132, over, 134–136, 160112, –164129, agreement 75–76, related to personal 130–131, 138, 140,characteristics, 207 74–‘co-working’, 75, 105, 121–125, 126 –127, and 90–92, 93–94, 132 – 133 168 resolving, 85–95, 109–on, 114,99–134, 131–140 impact of motivation official offi data sets (critique of), 18–20, 119, 129–130, 149, 154–155, 21, 26–27,160–167, 226 156–157, 178–180, outcomes 183–184, 186–188 of probation, 23–24, 26, 27, 32 planned solutions to,25, 76–83 successful, 63–67, 85, 17680–83, –180 related to alcohol, 74–75, 93, 105, 122, 127, 146, 150–152, peak153–154, age of conviction, 5, 27fn2 155, 178–180, 182, 183, policy implications, 216 – 222 184–185 related to drugs, 74–75, 80–83, 93, 105, 109–112, 117–121, 126, 127, 128–129, 132, 133–134, 136, 137–138, 147, 149, 153–154, 155, 156–157, 182, 183–184 related to employment, 74–75, 130, 131, 157–160, 160–164, 189–190 related to family, 74–75, 179 304 probation related to friends, 74–75, 75–80, definition 71–72, 83, 83fn1, 128, 132,of, 134–136, 160–164 213–215 related to personal characteristics, impact of,105, 160121–125, –168, 173126–127, –192, 74–75, 212 –215 132–133 ‘Probation Impact 200–201, resolving, 85–95,Scales’, 109–114, 203, 204 131–140 official data sets (critique of), 18–20, realistic evaluation, 21, 26–27, 226 31–38, 213 reconviction, 63, 193, 198–200, 224 outcomes rates of, 3, 5, 23–24, 11–13, 25, 20–26, 21, 26–27 of probation, research design, 26–27, 45–60, 226 27, 32 Rex, S., 74, 215, 228 85, 176–180 successful, 63–67, risk, 95, 106, 158, 225 peak age of conviction, 5, 27fn2 sampleimplications, 216–222, policy attrition, 247–25351–53 characteristics, 49–51 probation recruitment, 59fn2 definition of,48, 71–72, 83, 83fn1, representativeness of, 51 213–215 selective 40, 44fn2 impactincapacitation, of, 160–168, 173–192, self report methodology, 20–23, 212–215 29fn19Impact Scales’, 200–201, ‘Probation limitations 203, 204 of, 21–22, 55–56, 104 self-reported offending by motivation, 19531–38, –196 213 realistic evaluation, rates of, 58–63, 59,193, 63–64, 103, 152, reconviction, 198–200, 224191, 225 20–21, 26–27 rates193, of, 3,203, 5, 11–13, social capital (see26–27, also human research design, 45–60, 226 capital), 216 – 220, 226, 228, Rex, S., 74, 215, 228, 259, 262, 269229 supervision risk, 95, 106, 158, 225, 250–251, 253, role in tackling obstacles, 255–256, 262, 264, 276 87–95, 116–143, 175, 191 sample ‘what works’, 4, 11–14, 32, 212–215, attrition, 51–53 222 – 228 characteristics, 49–51 recruitment, 48, 59fn2 representativeness of, 51 selective incapacitation, 40, 44fn2 self report methodology, 20–23, 29fn19 limitations of, 21–22, 55–56, 104 self-reported offending Index by motivation, 195–196 rates of, 58–59, 63–64, 103, 152, 191, 193, 203, 225 social capital (see also human capital), 216–220, 226, 228, 229, 249, 252, 270 supervision, 231–233, 238–239, 241–245, 277–279 role in tackling obstacles, 87–95, 116–143, 175, 191 Thatcher, M., 241 ‘what works’, 4, 11–14, 32, 212–215, 222–228, 245, 248, 264–266, 282–285 305 Case index This index allows the reader to follow the progress of specific probationers through the course of the book, and hence their time on probation. Where a case has been given a name, this too has been recorded. Case number 005 006 007 008 013 014 016 017 019 020 ‘Steve’ 022 026 027 028 030 032 034 035 036 037 039 042 049 052 054 ‘Tracy’ Page number(s) 181 117 182 81, 129–130, 141 82, 121, 126 147, 148, 149 123, 186 157 128 109–112, 113, 121 67–68, 147, 181, 182 185 126–127 126, 142 127 159 149 183, 191 148, 155 186 129, 147, 155, 159 72 117–118 154 142, 158, 167, 186–192, 194 Case number 057 ‘Jacob’ 058 060 061 ‘Dave’ 063 ‘Sandra’ 065 066 067 068 070 071 ‘Kevin’ 072 076 ‘Clive’ Page number(s) 177 80–81, 121, 130 79–80, 119–120, 142 112, 113 150–152, 153, 225 167, 227 150, 176 146, 148, 178 126 158 126, 178 127 82–83, 155, 178–180, 192fn6–8, 212 077 122 079 158 080 186 082 186 083 68, 184 084 80 086 81–82, 118–119, 131, 154 091 78–79, 186 092 153 094 ‘Anthony’ 19, 131–140, 141, 156 095 184, 191 306 247 Rethinking What Works with Offenders Case number 098 099 102 103 105 107 109 110 113 114 115 118 119 121 127 134 141 143 146 150 152 153 248 Page number(s) 147, 159 67 123 153 81, 119, 154, 183 123, 141 194 121, 129, 141 141, 178 67 148, 217 122–123 122 176 122, 181–182 128, 141, 154–155 117–118 186 124, 128, 182 149, 158, 217 122 120, 142, 152–153 Case index Case number 158 163 164 165 167 168 171 172 177 ‘Les’ 180 ‘Malcolm’ 193 194 198 202 ‘Gary’ 204 206 212 220 226 227 ‘Dominic’ 232 233 Page number(s) 193 178, 217 1467 79 184–185 120–121, 181 82 118, 154, 184 112–113 177–178 123–124, 127 146, 149, 156 82 124–125 130–131, 181 127–128 78, 158, 159 123 128 119, 156–157, 167 160 117 307