Improving Criminal Justice Workplaces

Translating theory and research into evidence-based practice

Paula Brough, Jennifer Brown, Amanda Biggs, Jennifer M. Brown

• Publisher: Routledge
• Year: 2015
• eBook ISBN: 9781317698074
• Edition: 1
• Topic: Social Sciences
• Subtopic: Criminology
• Index: Social Sciences

All organisations, whether private or public sector, seek to improve criminal justice workplace practice from an evidence base, but often find it difficult to effectively translate research findings into policy or design best-practice interventions. This book provides a direct bridge between academic research in organisational behaviour and the management of workers within criminal justice agencies.

The public sector in particular is currently experiencing significant funding cuts and increasingly needs to create optimal workplace strategies to maintain frontline services and preserve the well-being of the work force. The aim of this book is to equip managers with knowledge about key processes and appropriate research methods, thereby enabling them to more readily understand and apply academic research to their workplaces. The means to translate research findings into implementation strategies are also clearly explained. Furthermore, essential organisational issues that either impede or enhance productivity, employee effectiveness, and management responsiveness to change are discussed, following a common chapter template of problem definition, research and analysis, evidence translation, implementation, and evaluation.

Written by experts in the field, this book applies cutting-edge theoretical discussions and research findings to evidence-based policy. It examines new strategies and best practice in the context of widespread demoralization of staff in the criminal justice sector due to the impact of increased austerity. Improving Criminal Justice Workplaces is essential reading for leadership teams, managers and supervisors in the court, police, probation, and prison services, as well as allied professionals such as forensic psychologists and HR professionals.

Part I

Framing issues

1 Introduction

Introduction

Workplaces have over the last four decades changed dramatically (Sparks et al., 2001). There has been the information technology (IT) revolution; introduction of techniques into the public sector from commercial businesses (New Public Management); and more recently the catastrophic failures of the global banking system resulting in reduction of staff numbers and pressure on service delivery. There can be little doubt that the criminal justice system (CJS) and its agencies are affected by the present turbulence. Many governments are engaging in reform programmes and responding to the stark realities of the economic downturn. Private companies are now running prisons (Andrew, 2006) and are involved in delivering policing services (Cheer, 2013; Rhodes, 2013).

King and Levy (2012) identified external politics as a key environmental stressor, and the uncertainty this creates increases psychological strain in employees. As part of the economic downturn they suggested that major organisational transformations have been accompanied by changes in how employees interact with each other on a daily basis, in addition to concerns about their continued employment. Under conditions of uncertainty and job insecurity people are more likely to withdraw both from their job and the organisation as a way of reducing the psychological impact of perceived or actual impacts of austerity. It is not surprising, then, that staff employed within the CJS are feeling anxious and confused by the magnitude and pace of new ways of working, while many managers are overwhelmed by having not only to deliver organisational changes, but also to respond to the operational demands of achieving more for less when delivering public services.

Researchers report job insecurity, lowered morale, and erosion of motivation and loyalty amongst the workforce generally (O’Driscoll and Brough, 2010). They also point out that managers in organisations may themselves, intentionally or unintentionally, cause stress in employees and adversely impact their well-being and productivity. When under strain, managers may react by exhibiting an inconsiderate or bullying management style, whilst members of the senior management team may, in conditions of crisis, become focused on self-preservation, limiting the flow of information to rank-and-file staff, and constraining their decision options (Webster et al., in press). Quick et al. (2004) ventured that executives have a tendency to adopt a depersonalised management style and reduce the variations in processes within organisational systems. In other words, they seek to control outcomes and results and limit the span of control exercised by their employees. Such an approach may place senior staff in a continuous state of struggle with employees, characterised by bullying behaviour, discrimination, and angry outbursts, that threatens subordinates’ personal autonomy. Limiting control at work can, in turn, engender bad feeling and toxic emotions which, if ignored, can hamper productivity and learning. This is, of course, contrary to the working environments that most senior executives aim to build, i.e. a supportive and positive work environment constructed upon compassionate and humane employment conditions.

Organisational productivity is closely intertwined with the health of its members. There is a marked difference between over-controlling and potentially abusive behaviours which produce disengagement and distress and, in contrast, motivating and challenging employees for the release of human capital. There is a long history of evidence demonstrating that engaged and motivated employees are prepared to contribute discretionary effort (organisational citizenship behaviours) in achieving the organisation’s goals (e.g. Brough et al., 2009; Webster et al., in press).

Increasingly, private and public sector organisations are seeking research evidence in order to improve their respective workplaces and the qualities of services they deliver. However, it is often difficult to effectively translate research findings into organisational policies or to design best-practice interventions. This is especially relevant in the current climate when public sectors are facing significant funding cuts. There is an urgent requirement to create optimal workplace strategies to maintain front-line services and preserve the well-being of the workforce currently in transition. As we describe in Chapter 13, professionals in the justice sector are experiencing a widespread demoralisation of staff through the impacts of austerity and correspondingly greater levels of both work disengagement, and occupational stress.

This book is divided into three parts. In Part I, current theoretical discussions of occupational culture, employee engagement, procedural justice, leadership, communication, and professionalisation are described as the conceptual bases underpinning organisational behaviours. Part II describes the essential research tools that form the basis of empirical evidence, including conducting organisational evaluations, focus groups, and surveys. Finally, in Part III we address five current key issues for CJS organisations (work–life balance, occupational stress, leadership, bullying, and discrimination) and clearly translate research findings into implementation strategies within each chapter.

Strategic foresight

Given the operational and organisational upheavals besetting the CJS, it seems timely not only to review the present situation faced by criminal justice organisations, but to also engage in forward-looking thinking optimising the welfare and well-being of those working in its agencies. In taking the criminal justice system as a whole, the strategic foresight framework (Hines and Bishop, 2006) provides a useful means to identify challenges and prepare for possible eventualities. We employ Hines and Bishop’s six steps to outline the context and plan of the book: framing, scanning, forecasting, visioning, planning, and action.

Step 1 Framing

Framing the issue involves clear identification of the organisational problem requiring attention and is an antidote to the restricted attentional focus which may be adopted when under pressure or experiencing crises. A recurring theme of analyses of criminal justice reform and change (as well as resistance to change) has been the concept of the organisational culture. Mawby and Worrell (2013) declared that an analysis of organisational culture is important for the following five reasons:

1 To identify what really matters and how things are done (formally and informally) in an organisation;

2 To provide insight into how professionals perceive their occupation;

3 To reveal the influences on how work is done and how effective it will be;

4 To show how new members are introduced into ways of working (and how exiting members may resist new ways of working);

5 Finally, to locate the stable resources in periods of change and to identify the key obstacles to reform.

Thus in Chapter 2 we present an analysis of organisational culture and its supportive and problematic aspects. In Chapter 15 we provide a more detailed account of bullying and harassment that often occurs within criminal justice agencies, whilst in Chapter 16 we describe the problems associated with discrimination. Chapter 13 examines how toxic aspects of the working environment can lead to experiences of stress that may take place, especially in gendered workforces such as policing and prisons. In Chapter 3 we demonstrate the adverse effects of all these issues upon levels of employee engagement.

In recent years, much interest has been extended to employee engagement (Saks, 2006). As this has been a rather confused concept, Chapter 3 provides some clarification and discusses current research to show this has been linked to organisational success and performance as well as individuals’ job satisfaction and their intention to stay or quit their job. Saks (2006) suggested that many of those in work are not fully engaged and estimates that in America alone the ‘engagement gap’ is costing $300 billion a year in lost productivity. Generally taken to mean the degree to which an individual is attentive and absorbed in and by their work, associations have been found between engagement and the fairness of the distribution of rewards and perceived levels of supervisor support. In addition, Richman et al. (2008) showed that supportive work–life balance policies are positively correlated with employee engagement. Chapter 12 provides the practice dimension giving consideration to the implementation of policies that promote full engagement.

As implied above, leadership style is another crucial concept that can directly influence a workplace in a positive or negative way. As Quick et al. (2004, p. 362) noted: ‘organisational leaders, [and] executives have a responsibility to exercise power and influence in constructive ways to achieve positive organizational outcome and failure to do so is a failure of leadership.’ In Chapter 4, therefore, we review the literature on effective leadership and the importance of instilling trust and confidence. Erosion of employee confidence undermines the legitimacy of the leader’s authority and may result in active or passive resistance, especially under conditions of organisational change. Chapter 14 is the reciprocal practice discussion that takes the theoretical ideas and transforms them into ways of promoting effective leadership.

Another key framing issue is organisational communication. An unintended consequence of closed and controlled communications is a growth of the rumour mill and hidden agendas where people feel they cannot express their views or offer suggestions without recrimination or retribution (Quick et al., 2004). Ways of cultivating open communication are through reflective listening and non-defensive consultation. This requires treating employees with dignity and respect. These ideas are discussed in Chapter 5 and the different modes of enacting consultation are described in Chapter 9. Finally, we look at the concept of professionalisation in Chapter 6. This has featured significantly in discussions about reforming aspects of the criminal justice system, particularly in relation to policing (Neyroud, 2013) and probation (Fitzgibbon and Lea, 2010).

Step 2 Scanning

Resources that provide the evidence base to reveal what is already known, is on the horizon or represents an area for which, as yet, little is known can be accessed through a scanning process. Part II of the book provides details of the key tools used for scanning (gathering evidence). In Chapter 9 we describe the method of rapid assessment evaluation whereby published sources are analysed to provide a clear summary of the already available information. Hearing directly from the affected constituencies is also an important part of scanning and we describe best-practice techniques in the areas of focus groups (Chapter 8), consultation (Chapter 9), and surveys (Chapter 10). Chapter 11 provides a detailed case study of the Delphi technique which is a way to achieve a consensual solution to an organisational question: e.g. how to achieve a procedurally just working environment. As part of the scanning process, it is important to be aware of the following five core external trends.

a Economic

The systemic failure of the global banking system and countries’ balance of payment deficits have contributed to the current period of economic austerity. The police, courts, and prison system are facing present and future pressures on their funding (e.g. Horan and Maine, 2014; Independent Police Commission, 2013). Cuts are likely to be a continual feature of the criminal justice system for the foreseeable future and so efforts to improve organisational functioning are going to have to be cost-neutral at a minimum and cost-saving at best.

b Social

Patterns of migration and social mobility, increasing fragmentation of families and communities, and increasing levels of inequality have contributed to a transformation of the social conditions in which criminal justice agencies work. The internet and social media have created opportunities for new types of crime. The public generally are more sceptical and have a higher expectation about being consulted over changes in policy. The 24-hour news media coverage creates a spotlight in which managers and chief executives have to deal with ongoing operations and organisational failures within a public arena.

c Changing levels of crime

There has been a global trend of decreases in levels of crime. Tseloni et al. (2010) undertook a secondary analysis of European victimisation data, and found that between 1995 and 2004 the mean international crime reductions were 77 per cent for theft from cars; 60 per cent theft from a person; 26 per cent burglary; 21 per cent assaults; and 17 per cent theft of cars. Similar trends are observed in other Western countries. This general trend in decreasing crime levels reverses the upward trend which marked much of the twentieth century. The implications for criminal justice agencies in operating within climates of reduced changing patterns of crime are only just beginning to emerge.

d Scientific and technical trends

The considerable scientific developments, especially in the forensic science field, indicate that technological advances will lead to new forms of crime prevention and suspect identification. These technological advances place new demands on police investigations and pressure on prosecutors, expert witnesses, juries, and judicial functions (Horan and Maine, 2014). Emerging developments, for example, include the use of digital technologies to reconstruct three-dimensional crime scenes for juries, and the closer integrated networking of criminal justice agencies. These scientific developments will have a significant impact on current working practices. Neyroud and Weisburd (2014), for example, argued that policing must: value science and its potential contribution to policing; have knowledge about scientific methods; and be actively engaged in the advancement of science. Neyroud and Weisburd suggested there needs to be a greater valuing of scientific norms and procedures. We have taken this to mean an adoption of academic ethical practices and an awareness of the levels of rigour accompanying different scientific methods. We discuss these methods further in Part II of this book.

e Threats to legitimacy and trust

The catalogue of corruption scandals and operational failures (including the discrediting of victims and doctoring of police witness statements in the case of the Hillsborough football disaster, which has resulted in a new inquest being conducted in the UK) erode the contract between public and agencies of criminal justice. Bradford et al., (2013) suggested that the perceived fairness of legal authorities is clearly linked to the public’s propensities to both defer to and co-operate with those authorities. Moreover, just procedures generate a sense of legitimacy for those authorities to wield the power that they have been granted. Undermining people’s belief in the trustworthiness of criminal justice agencies threatens the co-operative contact, without which people may be reluctant to come forward as witnesses, or be prepared to give evidence in court. Bradford and colleagues also not...

Table of contents

• Cover Page
• Epigraph
• Half Title page
• Other Title
• Title Page
• Copyright Page
• Dedication
• Contents
• Figures
• Tables
• Acknowledgements
• Abbreviations
• Part I Framing issues
• Part II Tools
• Part III Organisational problems and solutions
• Index