Collecting statistics on prisons: Strengths and weaknesses of the United Nations Survey of Crime Trends and Operations of Criminal Justice Systems

2013 ◽  
pp. 137-141
Author(s):  
Katharina Neissl ◽  
Simon S. Singer

Juvenile delinquency is a global phenomenon, and interest in comparative studies of juvenile offending and society’s reaction to it has been steadily growing, despite the inherent difficulties of comparing juvenile justice processes across different regions. Both adolescence and the concept of juvenile delinquency are social constructs that vary by time and place. To know what constitutes a juvenile, or a delinquent act, requires detailed knowledge of a jurisdiction’s social, political, cultural, and legal history. International data in the form of officially recorded contact of juveniles with formal institutions are scarce, and they are often limited in their use for direct comparisons, due to divergent definitions and recording practices, or coverage of geographical regions. The United Nations Surveys on Crime Trends and the Operations of Criminal Justice Systems (UN-CTS) have the widest geographical reach, but lack transparency of definitions or verification. The World Prison Brief by the Institute for Policy Research at Birkbeck University of London provides prison trends around the globe, but only offers one indicator of juvenile imprisonment. The Council of Europe Annual Penal Statistics (SPACE) and the European Sourcebook of Crime and Criminal Justice Statistics collect data on a range of custodial and non-custodial measures, and include detailed notes on national definitions, but are limited to Europe. The largest self-report study of youth is the International Self-Report Delinquency (ISRD) study, which is currently in its third wave that includes 40 countries across the globe. Since 1990 the United Nations has developed international conventions, rules, and guidelines that govern the rights of children, particularly as they relate to juvenile justice, and these guidelines have shaped, and continue to shape, juvenile justice processes across the globe. Almost all regions in the world have provisions to treat juveniles violating the law differently from adults, but they do so in a multitude of ways. Not all countries have separate systems for juveniles and adults, and in some regions of the world informal reactions to juvenile law-breaking dominate, or coexist with formal juvenile justice institutions. Juvenile justice systems are often categorized according to their founding philosophies, between the poles of a welfare and protection approach on one extreme, and a crime control and justice approach on the other. However, such classifications mask important differences between countries, and can only be seen as broad generalizations. In order to capture the intricacies of existing systems, and compare them between jurisdictions, a localized approach to juvenile justice is needed. It is not sufficient to describe which legal orientations or traditions inform a system, but rather it is necessary to examine how these traditions (as well as global trends and pressures) are interpreted by local juvenile justice administrators. Comparative juvenile justice research that can contribute to public debates and to achieving better outcomes for juveniles across the globe needs to be localized, pay special attention to the specific cultural, legal, and historical context of the jurisdiction studied, and differentiate between the law in theory and the law in practice.


Author(s):  
Auke Willems

This article reviews the background and content of the Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, adopted by the U.N. General Assembly in December 2012, to consider its objectives and potential. As with similar international agreements, the Principles and Guidelines is not legally binding and requires further legislative action to be implemented. This article demonstrates how urgent the need for legal aid reform is and raises realistic expectations about what the international instrument can achieve in this regard. In stressing the urgent need for reforms of legal aid systems, the discussion uses the European Union as an example because of the extensive comparative analysis available and because of the recent European Union Roadmap for Criminal Procedural Rights that aims, inter alia, to improve access to legal aid. To strengthen further the argument, attention also will be paid to the problems surrounding legal aid in the United States, which will indicate some of the Principles and Guidelines’ limitations. Furthermore, the path of implementation of an earlier United Nations General Assembly Resolution will be outlined to articulate what reasonable expectations can be placed on the Principles and Guidelines’ approach to ensuring access to legal aid.


Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.


Author(s):  
Peace A. Medie

When and why do states implement international women’s rights norms? Global Norms and Local Action is an examination of states’ responses to violence against women (VAW) in Africa and their implementation of the international women’s justice norm. Despite the presence of laws on various forms of VAW in most African countries, most victims face barriers to accessing justice through the criminal justice system. This problem is particularly acute in post-conflict countries. International organizations such as the United Nations and women’s rights advocates have, therefore, promoted the international women’s justice norm, which emphasizes the establishment of specialized mechanisms within the criminal justice sector to address VAW. With a focus on the response of the police to rape and intimate partner violence in post-conflict Côte d’Ivoire and Liberia, this book theorizes the United Nations’ and women’s movements’ influence on the implementation of the international women’s justice norm. It draws on over 300 interviews in both countries to demonstrate that high international and domestic pressures, combined with favorable political and institutional conditions, are key to the rapid establishment of specialized mechanisms within the police force and to how police officers respond to rape and intimate partner violence cases. It argues that despite significant weaknesses, specialized mechanisms have improved women’s access to justice. The book concludes with a discussion of why a holistic approach to addressing VAW is needed.


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