Defensible Decisions for the OLR
Hazel Kemshall
Professor of
Community and
Criminal Justice,
DMU
Hazel Kemshall RMA 28/01/09
Key Ethical and Professional
Issues
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Defensible Decisions
Transparency and accountability
Evidential
Proportionate
Balanced
Hazel Kemshall RMA 28/01/09
A defensible decision
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All reasonable steps have been taken
Reliable assessment methods have been used
Information is collected and thoroughly
evaluated
Decisions are recorded-transparent etc.
Staff work within agency procedures
Actively seek information/investigative
Hazel Kemshall RMA 28/01/09
What are all reasonable steps?
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Risk assessments updated
Proper allocation of cases
Well matched RM plans
Deliver with integrity
Respond to esc and det risk
Swift enforcement
Prompt action
Clear responsibility
Hazel Kemshall RMA 28/01/09
How might research and evidence
change our views? E.g…
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How might you justify infringing the liberty or privacy of
people on the basis of what they might do, rather than
on what they have done?
The prediction of risk of harm is notoriously poor.
Some say courts could be imprisoning 2 innocent
people for every 1 guilty. Does this alter your response
to Q. 1?
Research indicates paedophiles have a high rate of
recidivism and are very resistant to change. Does this
alter your response to Q. 1?
Hazel Kemshall RMA 28/01/09
Risk versus Rights
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Safety and prevention predominate
Victims and potential victims have rights
Controlled disclosure
Proportionate, just and fair
A growing compulsion to ensure compliance
and protection
Hazel Kemshall RMA 28/01/09
What has been challenged?
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Disproportion- e.g. ECHR ruling on English
Police Data Base
Lack of evidence or rigour for risk assessment
Plans that are over-intrusive, too wide ranging
Not targeted at a specific risk
Hazel Kemshall RMA 28/01/09
Balance
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Holistic, rehabilitation and risk, GLM
Behavioural contracts and approach goals
The ‘balance’ between victims/public and
offenders is not a see-saw
Overarching value and objective of protection
within which the offender has a place
Hazel Kemshall RMA 28/01/09
Questions
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What ethical and professional risks do we run
by not meeting ‘all reasonable steps’?
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Can practitioners move from a ‘see-saw’
understanding of balance to understanding
balance as part of an ‘umbrella of public
protection’?
Hazel Kemshall RMA 28/01/09