Contemplating the Subject and Authority of Investigation as Activities - An Analysis on US Criminal Justice System

2018 ◽  
Vol 53 (3) ◽  
pp. 91-130
Author(s):  
Sung Yong Kang
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The Subject

Guilty Until Proved Innocent: Wrongful Conviction and Public Policy

1986 ◽  
Vol 32 (4) ◽  
pp. 518-544 ◽  
Author(s):  
C. Ronald Huff ◽  
Arye Rattner ◽  
Edward Sagarin ◽  
Donal E. J. MacNamara
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy Implications ◽  
Innocent Person ◽  
Wrongful Conviction ◽  
Extant Literature ◽  
Efficiency And Effectiveness ◽  
The Subject

Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction—the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because of our understandable concern with the efficiency and effectiveness of the criminal justice system in combatting crime. Drawing on our own database of nearly 500 cases of wrongful conviction, our survey of criminal justice officials, and our review of extant literature on the subject, we address three major questions: (1) How frequent is wrongful conviction? (2) What are its major causes? and (3) What policy implications may be derived from this study?

scholarly journals Contagion, counterterrorism and criminology: The Case of France

2018 ◽  
Vol 18 (5) ◽  
pp. 568-584 ◽  
Author(s):  
Claire Hamilton ◽  
Giulia Berlusconi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Security Risk ◽  
Law And Policy ◽  
Preventive Justice ◽  
The Subject ◽  
Procedural Values ◽  
The Impact

In the burgeoning criminological literature on security, risk and preventive justice which has followed the 9/11 attacks on the Twin Towers, ‘contagion’ or the deleterious effect of counterterrorist policies on the ordinary criminal law has been the subject of some discussion, mostly in the context of the threat which such ‘exceptional’ policies pose to mainstream procedural values. This article seeks to build on this literature through an examination of the impact of post 9/11 counterterrorism law and policy on the ordinary criminal justice system in France. Given the extent to which counterterrorist law now encroaches on various aspects of French criminal law, the argument is made for greater criminological attention to be paid to the ‘trickle-down’ effect of extraordinary law on the ordinary business of the criminal justice system.

scholarly journals New Times, New Crimes: Notes on the Depillarization of the Criminal Justice System

2020 ◽  
Vol 28 (3) ◽  
pp. 309-326 ◽  
Author(s):  
Roger Matthews
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Theory And Practice ◽  
Historical Overview ◽  
Crime And Punishment ◽  
The Past ◽  
The Social ◽  
The Subject

Abstract A great deal has been written about the changing nature and direction of criminology over the past two decades, including claims that we are moving into a “new penology.” Many of these claims are suggestive rather than authoritative. In contrast to most commentaries on the subject, this article provides longer historical overview and attempts to sketch out how the central structures or “pillars” of the criminal justice system have become weakened and eroded over the last 200 years and how the emergence of body of “new crimes” and their regulation is challenging what might be called the “old criminology.” The emergence of new relations between victims and offenders, criminal justice and social justice, as well as the development of innovative modes of regulation are, it is argued, changing the social and criminological landscape. This raises issues of theory and practice that challenge traditional conceptualisations of crime and punishment.

scholarly journals Applying intersectionality to partnerships between women’s organizations and the criminal justice system in relation to domestic violence

2020 ◽  
Vol 60 (4) ◽  
pp. 830-850
Author(s):  
Aviah Sarah Day ◽  
Aisha K Gill
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Immigration Status ◽  
Complex Interplay ◽  
Policy And Practice ◽  
Intersectional Analysis ◽  
Growing Body ◽  
The Subject

Abstract The challenges facing domestic violence (DV) survivors has become the subject of a growing body of intersectional analysis; this paper presents a new intersectional framework for analysing DV policy and practice. Examining a partnership between women’s sector organizations and the criminal justice system in London, using interviews with professionals from the bodies, the paper offers an intersectional analysis of the implications, positive and negative, for both policy and practice. The complex interplay between women’s sector organizations and the criminal justice system demonstrate how the intersections of gender, class, ‘race’ and immigration status affect the way DV survivors are able to access and benefit from support, concluding that, to operate more effectively, DV support must consider all forms of oppression and violence affecting the lives of all their users.

scholarly journals Initial views from the Digital Panopticon: Reconstructing Penal Outcomes in the 1790s

2016 ◽  
Vol 34 (4) ◽  
pp. 893-928 ◽  
Author(s):  
Richard Ward ◽  
Lucy Williams
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Decision Makers ◽  
Historical Study ◽  
Judicial Process ◽  
The Subject ◽  
The Individual ◽  
Methodological Difficulties

The criminal justice system of eighteenth- and nineteenth-century England has been likened to a corridor of connected rooms or stage sets. At each stage in the judicial process—from detection and apprehension through to trial, sentencing, and punishment—decisions were made that might remove the accused from the system entirely, or propel that person further along the process into a number of possible outcomes. That decision making (including the identity of the decision makers and the criteria upon which their decisions were based) has been the subject of much historical study. Less attention has been given to the individual experiences—the singular journeys—of the accused through this labyrinthine process. This is in large part because of the inherent evidential and methodological difficulties of reconstructing judicial pathways and the wider criminal lives of offenders. As Tim Hitchcock and Robert Shoemaker note, the archives of criminal justice were created to manage the bureaucracy of prosecution and punishment, not to reveal the criminal's navigation of that system. Tracing an individual offender's journey through the judicial process (and that person's life beyond) therefore entails piecing together fragments spread almost randomly across hundreds of thousands of pages.

scholarly journals The Vengeful Victim? Assessing the Attitudes of Victims Participating in Restorative Youth Conferencing

2006 ◽  
Vol 13 (2) ◽  
pp. 157-177 ◽  
Author(s):  
Jonathan Doak ◽  
David O'mahony
Keyword(s):  
Criminal Justice ◽  
Northern Ireland ◽  
Criminal Justice System ◽  
Justice System ◽  
Considerable Debate ◽  
The Subject ◽  
Victim Participation ◽  
Fundamental Values ◽  
Victim Input

The task of delineating an appropriate role for the victim in the criminal justice system has been the subject of considerable debate in academia and policy circles for some time. While victim participation is considered something of a sine qua non of the restorative paradigm, many commentators remain sceptical of victim input in conventional sentencing on the grounds that it may lead to the imposition of overly harsh or onerous obligations. Drawing on evidence from a major evaluation of youth conferencing in Northern Ireland, this article challenges the assumption that victims are essentially punitive parties, and calls for a rethink of some of the fundamental values and assumptions that have traditionally resulted in their exclusion and even alienation in the criminal justice system.

scholarly journals Psychiatric defence of a Nigerian minor with intellectual disability and co-morbid mental illness: An exploration into legal grounds

Temida ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 229-239
Author(s):  
Oluyemi Akanni ◽  
Nosa Igbinomwanhia
Keyword(s):  
Mental Illness ◽  
Intellectual Disability ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Psychiatric Service ◽  
Administration Of Justice ◽  
The Subject ◽  
A Minor ◽  
The Relationship

People with intellectual disability and co-morbid serious mental illness are sometimes involved as perpetrators of an offence and suffer exploitation in the criminal justice system. Understanding the link between mental illness and crime and the experience of an accused deserves attention because it may be essential in the administration of justice. The subject of this paper is the experience of a 17-year-old boy, suffering from both intellectual disability and schizophrenia, who was accused of theft and charged to court. The aim is to show how psychiatric services can be helpful in the disposal of court sentences for a minor. The relationship between his mental illness (with a focus on intellectual disability) and crime, and potential victimization in the criminal justice system is discussed. We advocate for awareness on the part of the legal system in the protection of people with intellectual disability from being victimized and recommend the need for psychiatric service to educate the court on the stringent application of the insanity rule.

scholarly journals PRINCIPLE OF EQUALITY BEFORE THE LAW AND DIVERSION ON CRIMINAL JUSTICE SYSTEM FOR CHILDREN IN INDONESIA

2020 ◽  
Vol 4 (1) ◽  
pp. 69
Author(s):  
BAMBANG JOYO SUPENO
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Ideal Norm ◽  
The Subject ◽  
The Law ◽  
Perpetrators And Victims ◽  
Formal Justice

<p>Restorative justice is the ultimate goal of Law Number 11 of 2012 concerning the Criminal Justice System for Children, so that children in conflict with the law must obtain Diversion. Article 7 paragraph (2) and Article 9 paragraph (2) the SPPA Law is<br />discriminatory and unjust, both for perpetrators and victims of criminal acts, because there are restrictions, exceptions and disregard for Diversion provisions. In concretto, in 2014-2018 the use of Diversion (49.61%) was lower than formal justice (50.39%), the data showed that some children who were in conflict with the law did not get Diversion. Based on the analysis of concept the principle of equality before the law in ideal-norm thinking, it is necessary to reconstruct the provisions of Diversion in the SPPA Law, namely (a) The principle of equality before the law must be used as a determining indicator in the formulation and process of Diversion law enforcement. (b) Provisions on child-oriented Diversion as the subject of criminal acts will determine justice in the application of Diversion for every child in conflict with the law. (c) Diversion provisions which are oriented towards acts, sanctions and value of losses as a requirement for the application of Diversion, will cause discrimination in the application of Diversion.</p>

scholarly journals Release on Parole: Gambling with Community Safety or Effective Risk Management

2008 ◽  
Vol 39 (2) ◽  
pp. 265 ◽  
Author(s):  
Katherine Belton
Keyword(s):  
Risk Management ◽  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Community Safety ◽  
Early Release ◽  
High Profile ◽  
Parole Board ◽  
The Subject

Parole has been the subject of scrutiny in recent years, both due to offences that are committed by high-profile parolees, and for the perceived leniency that it provides by allowing offenders early release from imprisonment. This paper analyses the operation of parole in New Zealand with reference to the case of Reid v New Zealand Parole Board, together with a review of the Law Commission’s report on sentencing and parole, and the resulting amendment to the Parole Act. It concludes that parole is an effective tool in the criminal justice system, and should certainly be retained.

scholarly journals Termination of Pretrial Process upon Commencement of the Subject Matter in the Indonesian Criminal Justice System Perspective

2018 ◽  
Vol 54 ◽  
pp. 07010
Author(s):  
Tolib Effendi ◽  
Ria Karlina Lubis
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Subject Matter ◽  
Justice System ◽  
Examination System ◽  
Conceptual Approach ◽  
System Perspective ◽  
Procedure Code ◽  
Criminal Justice Systems ◽  
The Subject

The instruments of pretrial arrangements prescribed in the Criminal Procedure Code are insufficient to regulate pretrial mechanisms in practice. The problems in question are related to the pretrial examination period. Pretrial shall be carried out speedily within seven days at the latest or pretrial examination should be stopped if the first examination of the subject matter commenced. In conjunction with a criminal justice system, the pretrial and subject matter examination system are different and separate sub-systems, although integrated in a series of criminal justice systems. The purpose of this paper is to examine whether the pretrial termination due to the examination of the subject matter is appropriate according to criminal justice system perspective. This research is a doctrinal research with the statute approach and conceptual approach, by reviewing the pretrial arrangement relating to the concept of criminal justice system. Examination at the pretrial and the subject matter are two different and separate sub-systems. They should not exclude each other, the examination of subject matter should not the pretrial process, or the subject matter examination cannot be started before pretrial verdict have passed.

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