Revista de Asisten]\ Social\, anul IX, nr.

3/2010, 121-128

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Multidisciplinary Exploration of the Social Environment for Effective Criminal Justice System
Mihaela Tomi*
Abstract. Exploring the social in a particular sequence requires often, complex investigations targeting both specialists in the field, and beneficiaries of services offered. In this sense, multidisciplinary approach is important not only as a modern trend, but plays a special role to promote alternatives to traditional services, seeking to improve service efficiency on the one hand, and their costs and benefits on the other. The criminal justice reform can not be conceived outside of this concept. This paper underlines this multidisciplinary dimension of criminal justice reform through a qualitative investigation, focus-group type, the main social actors in the scope of the law to promote alternative sanctions. From my professional experience in criminal matters, relevant specialists approach from the local community, in terms of the criminal justice system, was a relatively easy stage and led to some observations and comments from the current relevant level of the system development. Formation of effective networks of specialists and the promotion of a genuine public-private partnership seem to be issues without which the reform of the criminal justice system cannot find an efficient representation and implementation in local communities. Keywords: Probation, multidisciplinary, criminal justice system

Introduction
Although criminal statistics have remained the main instrument of knowledge of crime, lately a number of specialists and researchers have conducted significant studies and combined qualitative research methods with quantitative ones. Punishing criminals is one specific aspect of social life, which is constantly changing, seemingly without achieving real goals because of the many contradictions that arise both in the theoretical and philosophical as well as specialized institutions called upon to apply. Multidisciplinary approach to crime is necessary for understanding both the complexity of the phenomenon itself and to expand the range of explanatory and interpretive power deepening. Criminal laws and institutions, generating social support punishment, have their moral values in consequence that define the composition of the criminal justice system, beyond
* West University Timi[oara, Faculty of Sociology and Psychology, Social Work Department, Timi[oara, Romania, Phone: +40 749 232433, E-mail: ceptim2005@ yahoo.com

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issues of power and control. From this perspective the analysis and interpretations of this paper will demonstrate the complexity of converging social support for sanctions in the criminal justice system and address them as social institutions. The facts stipulated by the criminal law often highlight human existence and social reality which, in turn, represent a danger and should be fought because they can contribute to committing other criminal acts provided by law. This statement highlights the existence of certain antisocial behavior from some individuals on the integrity of the society or others and therefore a very important decision is to try to combat such behavior, but also it is very important what kind of measures are taken to combat it, because custodial punishment is not always the one which gives effective sanction. Prison life can sometimes aggravate the situation and the person who commits crimes to relapse after the end of the sentence or even while he is in prison. Therefore I believe that it would be beneficial to try to combat these situations through programs focused on real needs and problems of the offender. Crime is a major problem in modern society. This issue concerns not only those directly involved, but also those who put their increasing antisocial behavior problem. The social danger of the crime lies in the river that every crime produces in a particular case, and in the prospects that in the material and subjective conditions, facts the acts of the same type same can repeat and become a phenomenon. Criminal behavior is learned. When criminal behavior is learned, they also learn the techniques to commit, directions of the pulse reasons, rationalizations and attitudes underlying that behavior. Starting from the above presented, we see that the experience of imprisonment is not always only a prison sentence for a criminal, but a way to get in touch with people who have committed other types of crimes from which to learn and whose crimes might repeat. Therefore it would be beneficial when the situation is not a major threat to society, reintegration of the offender to be achieved through social methods and not by the criminal ones. We conclude that the study of crime often starts from the way in which crime is seen as a social problem. A number of factors determine how a social problem becomes a social phenomenon for a given society or community. From a sociological point of view, both concepts and institutions of criminal law enforcement vary greatly from one culture to another. This can lead even to approaches such as Law is not an earthly expression of Gods will; sit can not represent citizens interests and is not necessarily connected to justice. Law is, above all, a social phenomenon created by members of society in some specific historical conditions.

Arguments for and against applying alternative sanctions

Worldwide, from the Fifth United Nations Congress, held in 1975 there were evident efforts to find effective substitutes of incarceration, at least for offenders who do not endanger public peace and security, of those whose deeds do not have a high social risk. Whatever the arguments about the inherent contradictions in traditional functions and rehabilitation of prison guards, other factors such as dehumanizing aspects of the traumatic mental effects of imprisonment, gave new impetus to the movement favoring treatments of offenders outside prison. The views expressed at the VIth Congress of the United Nations on the need to resort to measures of criminal sanctions under uncustodial system, based on the general requirements

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of humanity, justice and tolerance, but at the same time on the fact that there is an inconsistency between the correction of offenders imprisoned aim of conviction, and the institution of prison as a mean of achieving that aim. Working paper prepared by the Congress states that imprisonment tends to emphasize convicted tendencies of criminal offenders. Under the angle of any cost-benefit analysis, imprisonment is costly and constitutes a waste, especially human and social resources, while other punishment than prison sentences reach the goal of straightening at a manner at least as effective as imprisonment, without being so expensive and without creating its harmful effects. From the other point of view, part of the literature shows that the alternative strategies supports a number of different approaches: Decriminalization acceptance of criminal behavior as normal and recognition of legal action as inappropriate. Non-intervention acceptance of the need for prescribed and limited statutory intervention. Legitimization developments in practice aimed at strengthening informal practice. Radical interventions attempts to avoid the traditional institutional response which is seen as damaging. The question is whether alternatives to custody is an approach, formulated and articulated, or merely an aspiration (Hanvey and Philpot, 1994, 106-107). The tradition of occidental countries shows that a community based system is more efficient. The experience of applying alternative sanctions to detention showed that use of these forms that are fundamentally different has some important advantages both for society in general and for the offender and victim. The most important of these relates to criminal sanction in terms of efficiency to reduce the risk of recurrence, increase the communitys role in the process of rehabilitation and resocialization of the offender and, not least, the cost-benefit balance in terms of execution of sentence. A series of benefits are strictly retained regarding the rehabilitation of the offender on a side, and of the impact on the victim on the other side. In this respect we can show that in the case of alternative sanctions, the offender is allowed to remain in the community, family and to keep the workplace, he can make a direct contribution to repair the damage caused when the offense was committed, thus in this way being able to understand the real consequences of his deed, and this increases accountability for the offense. On the other hand, regarding the victim, it has the opportunity of reparing the suffered prejudice and can directly see the fact that the offender is really punished for his infraction. Most important issue in the application of alternative sanctions is how to correctly assess the offender in terms of opportunities for reintegration into society and the educational potential of the penalty. Application of such punishment is not considered suitable for repeat offenders, people with antisocial behavior patterns. Analyzing the social reaction to alternative sanctions, there may be mentioned some disadvantages or risks which have more the lack of information of society on the basis of criminal sanction, although certain benefits there from, and not least the fact that Criminal justice is another tributary of repressive mentality, driven by its conservative character. In general, it can be argued that modern regulations concerning alternative sanctions, such as accepted in most democratic states, have provided an acceptable instrument and at the same time permitted the elimination or at least allowed a significant reduction in the of custodial sentences.

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In conclusion, we show that the benefits of alternative sanctions are targeted especially to protect public safety, to lower the social cost, to give the possibility of individualization of punishment, of the flexibility and economic advantage.

The research methodology

This paper has as a goal the investigative study of specialists who participate directly or indirectly to the application of the criminal justice act, regarding the effectiveness of criminal enforcement system and methods and proposals for resolving the problems identified. Recommended as part of the followers in qualitative research literature, we reviewed a series of works about the criminal justice system and criminal sanctions and community criminal measures, before actually designing and implementing this study. The investigation was carried out using the method of qualitative focus group research. The research conducted is a qualitative research and is limited and aimed mainly perceptions and attitudes which the selected specialists have on making the system of criminal sanctions more effective and their perception of possible solutions to the problems identified. Thus, focus-group discussions of the sites took place face to face at a round table and meeting time was 90 minutes, being obviously the interest of participants to plan or to extend and opportunities to express their perceptions in this area during the discussion, each participant reported his experience in interaction with offenders and their opinions about the role and importance of alternative sanctions generally, and probation in particular. This type of focus group interview, focused on strictly defined theme, is classified as qualitative data collection techniques to analyze the perceptions, motivations, feelings, and views of selected experts, is a technique based on a planned dialogue, organized in a permissive and relaxed environment, the group members influencing each other, a fact noted by comments expressed through ideas. It is important that the group members knew each other and thus facilitated the exchange of views and group interaction. Since they are known specialists in their field of activity and direct connection with the criminal justice system, I watched constantly to obtain direct information, the value of opinion, to express both their experience and attitude and perception towards relevant aspects. Participants formed a very homogeneous group in terms of interest towards the subject of study, but also presented a number of differences, based primarily on their occupations, which represented the main challenge of approaches. Although there were a number of incompatibilities of views, lack of communication barriers, it generated constructive discussions, always focused on identifying both the problems and finding solutions, based on common interests, supporting the promotion of alternative sanctions in order to improve criminal enforcement system in Romania. State intervention in each group was exposed to a series of positive practices within the Western European countries, but there still are some risks if they are to be implemented without a proper adjustment. Interview guide was composed of 12 questions presented in logical sequence, funnel type, from general to very specific questions directly related to the operation of the criminal justice system in Romania in relation to crime, which allowed collection of sufficiently large volume of information analysis and draw conclusions about the theme explored in depth. All opinions, feelings, motivations etc. without a range of precoded responses as in the case of an individual interview. Another relevant aspect is that the moderator was known by all group members having a series of previous collaborations in the same area of interest, so his presentation and

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professional experience was not necessary, being explained simply the role of the meeting and its rules. Participants were advised that they were co-researchers and not merely a subject in an experiment. But to have an overview of difficulties, obstacles and possible solutions, the research will be extended to other social actors, and it will be filled with a series of statistics and quantitative research results in the field. Since this is a qualitative study, participants were selected based on a questionnaire for recruitment, taking into account their ability to provide useful information for the specific area addressed, and their level of institutional competence. Specifically, for the studys credibility, we resorted to this method of unaleatory selection and we identified high-potential professionals (training, experience, decision-making position) for expressing of authentic and documented opinions. The group consisted of eight people: a judge, a police officer, a probation counselor, a lawyer, a psychologist, a social worker, a criminal law professor and a sociologist. The diversity of the group was therefor determined, based on clear assumptions of multidisciplinary approach to crime in general and penalties in particular. Using this interpretive qualitative research method, we have established and followed a series of semantic nucleus on which they could have understood the significance of the information presented, trying to surprise subjectivity, intuition and empathy of the focus group participants. Even if many times it isnt a subject of criticism, it is undeniable that this type of investigation contributes to exploring the social, and in terms of criminal norm shows that criminality is a social phenomenon and especially as it requires to be approached by complex and multidisciplinary manner.

The experts opinion

To present the results of the study, relevant responses were selected with the title of example, which represents the quintessence of the message and awareness within the group submitted by each specialist. All other responses are included in the analysis and correlations made in this study. Judge: Alternatives to detention provide a continuum of sanctions that allow a proper balance of punishment and rehabilitation of the offender and not to take into account that the state saves the money for hotel accommodation, food and medication for offenders who have committed acts with a high social risk. Sociologist: Crime must be understood as the product of interaction between offensive behavior and reaction of others. The one who committed a crime is considered a criminal and probably will be treated as such by others. Social exclusion can force offenders to live in company of other offenders, increasing the likelihood of committing new crimes. Probation Counselor: The role of probation identifies itself differentiated into two phases: presentence phase and execution stage. Along with the other actors involved in the justice system and the consumers treatment, probation counselor is responsible to reduce the associated negative consequences. Social worker: In my opinion, all activities of the prisoners in community service must be made visible. However, in some countries there is a tendency to public intimidation. I think that it depends on culture and society and on the concerns regarding people who have committed a crime. Lawyer: Alternative criminal penalties to imprisonment are legal substitutes, taking by court at the penalty, with the consent of the offender, in order to maintain him in the

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community, to limit their rights and freedoms and subjected to control and supervision of the specialized agencies. Psychologist : Criminal law is an alternative remedy to eliminate the negative consequences of imprisonment and a consequence of development and humanization of sentences. However, criminal behavior, in terms of directly determining factor is always subjective, psychological. Policeman: There are no institutions to implement effective alternative sanctions. I think some important links are missing, such as support and counseling services, day care centers, which exist on paper but are often purely formal. I do not have great confidence in the actual effectiveness of the existence of alternative sanctions, but I recognize its usefulness. Professor of criminal law: Community penalties are a formula that cover a wide range of programs aimed at assisting and reintegration of offenders into the community (probation, parole, community work). Non-custodial sentence is not a way to avoid punishment, but another form of punishment. A community sentence includes a whole series of strict requirements, and if planned and adequately provided with resources is a challenge for the offender, is a mild punishment.

Discussion and conclusions

Even if, as we showed above, much research on criminal careers has been quantitative, while it has generated important insights, more qualitative work is needed into subjects lives. Qualitative data are crucial in uncovering the social processes underlying stability and change in criminal and deviant behavior and are particularly useful in suggesting important areas for future research consideration (Sampson and Laub, 1997, 251-252). It was the aim of this paper to present the advantages, disadvantages and even risks of alternative sanctions applied as effective methods for criminal justice and the importance of multidisciplinary approach, ultimately, to have the participation, directly or not, of some experts not involved in a traditional to the enforcement of criminal sanctions. Two opposing opinions were clearly underlined by the participants for the international development of criminal justice systems, first being for more punitive sentencing and the increasing use of imprisonment (police officer and sometime the judge). In penal policy and strategy, both expressed views have contradictory implications, but very important ones. Probation and its place in the treatment of criminal offenders demonstrates that individualized treatment based on his stand and effective probation practice involves using intelligent scientific knowledge and techniques, both, as we have shown, in choosing treatment for individual criminal. Probation services tend to adopt a strategy based on participatory approach at the expense of using a coercive one, in which offenders participate actively in their social rehabilitation. On such, probation offers the central service to rehabilitation of offenders and plays an important role in developing and maintaining community safety, directly participating in what is defined as welfare and social inclusion. However, in the contrast with those mentioned before, during the meeting, the participants review various arguments for offender rehabilitation, based on their recent work, even they agree that the rehabilitation of offenders can be defined and understood in many different ways.

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This paper has also managed to confirm that perceived punishment is not countered just by the perspective of the offender, but mostly considers important the safety of the offender and the satisfaction of the victim. Probation data shows a positive impact on reintegration into society of offenders, thing that is unlikely to be achieved with a custodial sanction. Because of this, prison must always remain a last resort. Prison, no matter how modern it would be structured, no matter how many specialists were involved in social rehabilitation programs, is an area of diversification rather than criminal techniques of penance or premises for giving up career criminals. Periods of detention generate negative consequences of socio-professional insertion, family, school, professional execution further the deprivation of liberty sentence. These effects lead to marginalization and social disapproval, and, finally, to resume criminal behavior. So far, the results of this research suggest that effective solutions to the criminal justice system depends on concerted action by all actors with responsibilities in justice reform in Romania, which calls for a unitary, organizational and institutional concept, which are summarized essentially to a multidisciplinary approach to crime and on the way of applying sanctionary measures to criminal acts. Regarding the place and role of probation, this research revealed the following: probation is itself the concept of rehabilitation of the offender, which is not easily accomplished effectively and efficiently, especially in this period when the economic crisis worsens obvious social tensions. Moreover, this is revealed by Radzinowicz showing that: ...probation is essentially a form of social services, preventing future criminality by a readjustment of the behavior of the defendant... Some focus group participants repeatedly underlined that criminal justice must use new modern means, based on an integrated criminal treatment, involving, as appropriate, a number of specialists such as social workers, psychologists, psychiatrists etc. There was not revealed a significant difference of opinion on the direct link that must exist between the seriousness of the crime committed and penalties and also all the participants agreed on the importance of individualization of punishment based on psycho-social assessment of the offender. Although all participants agreed with the fact that the act of justice can not be viewed anymore only in terms of the triangle judge-prosecutor-lawyer, though there were differences of interpretation of the role and place that probation counselor should have as the main spokesman for supporting an alternative sanction. The most reserved role on effectiveness of alternative sanctions had the policeman, but similar views have been expressed by other participants. The explorative nature of the focus group led to several important advantages. Thus, we identified a number of interdisciplinary issues of alternative penalties, which were not conscious by some study participants, which are related to important psychosocial assessments and programs offered to offenders within the Probation Service, supply and local social services, local community that makes possible the evaluation of the existing local resources in the work of community service. The professionals participating at the study considered prevention and social rehabilitation the most important objectives of criminal justice. Almost all participants agreed that the victims interests should be taken into consideration and they also agreed that the offender should be encouraged to compensate the victim for the damage caused. Nevertheless, all the specialists found that the focus group format, as an exploratory study, was an especially productive research method.

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The study, besides confirming several issues raised in the few specialized works in Romania, has identified a number of issues affecting the efficiency measures and alternative community sanctions.

References
Beccaria C. (2001) Despre infrac]iuni [i pedepse , Bucureti: Editura Rosetti. Besharov D.J. (1985) The vulnerable social worker. Liability for serving children and families , National Association of Social Workers, Maryland: Silver Spring. Hanvey C. and Philpot T. (1994) Practicing Social Work , London and New York: Routledge. Rotaru C. (2006) Fundamentul pedepsei. Teorii moderne , Bucureti: Editura C.H. Beck. Sampson R.J. and Laub J.H. (1997) Crime in the Making Pathways and Turning Points Through Life, Cambridge, MA: Harvard University Press. Tutty L.M. and Rothery R.M. Grinnell Jr. (2005) Cercetarea calitativ\ `n asisten]a social\. Faze, etape [i sarcini, Ia[i: Editura Polirom.

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