Feely and Simon: Actuarial Justice and Risk Management

Last Updated on November 20, 2024 by Karl Thompson

Feely and Simon (1994) argue that a new ‘technology of power’ is emerging within the justice system. New approaches to social control come from a risk management perspective.

Risk Management approaches to justice differ from Foucault’s theory of surveillance and social control:

1. Focus on Groups Rather Than Individuals:
   It emphasizes the management of groups rather than addressing individuals.
2. Prevention Over Rehabilitation:
   The goal is not to rehabilitate offenders but simply to prevent them from committing crimes.
3. Actuarial Analysis:
   Borrowing from the insurance industry, this approach calculates the statistical risk of certain events occurring, such as the likelihood of drivers being involved in accidents.

Feely and Simon claim that this actuarial method is increasingly being used in crime control.

For example, airports pre-screen passengers before their arrival. Points are awarded based on factors such as gender, age, ethnicity, and criminal history. The higher the score, the more likely an individual is to be stopped at customs.

Social Sorting and categorical suspicion

David Lyon (2012) argues that the purpose of social sorting is to categorize people so they can be treated differently based on perceived risk. This leads to ‘categorical suspicion’—individuals become suspects purely because they belong to a particular age group, ethnicity, or combination of factors.

In 2010, West Midlands Police proposed a counter-terrorism scheme to install approximately 150 surveillance cameras, including covert ones, in predominantly Muslim suburbs of Birmingham. This effectively placed entire communities under suspicion.

One major issue with actuarial risk management in crime control is its potential to reinforce labeling processes and self-fulfilling prophecies, as highlighted by interactionists.

Young Minds – An example of social control through actuarialism?

The text below is taken from the Young Minds’ web site – how would Simon and Feely interpret this advice?

Young People at Risk of Offending – Advice for Parents (Young Minds)

No parent wants their child to become a ‘young offender.’ However, many young people do become involved in crime or antisocial behavior. Parents Helpline advisor Claire Usiskin offers guidance on how parents can support their children.

The factors that contribute to offending are often complex. Both parents/carers and the young person may feel blamed and stigmatized, even though the causes are often beyond their control. Young people experiencing the following issues are at greater risk of offending:

• Poor housing or living in a neighborhood with poor services
• Financial hardship
• Difficulties achieving at or attending school
• Bullying (as either a victim or perpetrator)
• Behavioral problems
• Hyperactivity or poor impulse control (e.g., ADHD)
• Specific learning difficulties (e.g., dyslexia)
• Violence or conflict within the family or social environment
• Drug or alcohol issues within the family or peer group
• Family or peer attitudes that condone crime
• Abuse or trauma in childhood
• Time spent in local authority care

These risk factors tend to accumulate. The more factors a young person experiences, the more likely they are to engage in criminal behavior.

As a parent or carer, supporting your child to stay on the right side of the law can be challenging. Peer pressure can be powerful, and teenagers often prioritize social acceptance over respecting the law. However, parents can take steps to mitigate these risks:

Seek Support for Yourself:
If parenting feels overwhelming, seek help from your GP or local counseling services. Asking for support is not a sign of failure but a demonstration of strength and commitment to your child’s well-being.

Build Strong Relationships:
A single positive relationship with a caregiver can offset many other issues. Clearly communicate acceptable behaviors and the reasons behind them. Involve relatives or friends to reinforce these boundaries in a supportive manner.

Seek Support for Education and Mental Health:
Advocate for your child’s rights to access education and mental health services. If you suspect undiagnosed learning difficulties or conditions, request an assessment through your GP or school.

Engage with Community Programs:
Youth services, mentoring schemes, and anti-crime or gang prevention projects often employ experienced practitioners, including ex-offenders, who can effectively engage with young people and motivate them to change their behavior.

Evaluation of Actuarial Approaches to Social Control

Feely and Simon might interpret the advice from Young Minds as a form of actuarialism applied to parenting. By identifying and addressing risk factors, parents are encouraged to manage their children’s behavior through preventative strategies, mirroring the actuarial approach in crime control.

This approach, however, raises questions about labeling and self-fulfilling prophecies. By focusing on risk factors, are young people unfairly categorized and subjected to suspicion?

Moreover, are these strategies truly effective in addressing systemic issues, or do they shift responsibility onto individuals while overlooking structural causes such as poverty and inequality?

Relevance to A-level sociology

This material is mainly relevant to the Crime and Deviance module, usually taught as part of the second year of A-level sociology

This fits in well with Ulrich Becks’ theory of the Risk Society.

Find out More…

You can read more about this here: The New Penology: Notes on the Emerging Strategy of Corrections and Its Implications