An Agenda for Empirical Research in Criminal Justice: Criminal Process and Prosecution

2010 ◽  
Author(s):  
Jacqueline S. Hodgson ◽  
Andrew Roberts
Keyword(s):  
Criminal Justice ◽  
Empirical Research ◽  
Criminal Process

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

PLACE AND VALUE OF THE JURISDICTION COURT IN THE MODERN CRIMINAL PROCESS OF RUSSIA

2020 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Process

В статье анализируется понятие и содержание суда присяжных, его значение в отечественной системе уголовного судопроизводства. The article analyzes the concept and content of the jury, its importance in the domestic criminal justice system.

scholarly journals Exploring criminal justice policy transfer models and mobilities using a case study of violence reduction

2021 ◽  
pp. 174889582199160
Author(s):  
William Graham ◽  
Annette Robertson
Keyword(s):  
Criminal Justice ◽  
Empirical Research ◽  
Policy Transfer ◽  
Social Constructionist ◽  
Criminal Justice Policy ◽  
Gang Violence ◽  
Single Model ◽  
Violence Reduction ◽  
Transfer Models

Although there is growing interest in criminal justice policy transfer, a dearth of empirical research in this area has been acknowledged. This article addresses this gap by presenting the results of research conducted on a case of policy transfer of a criminal justice programme, focused on group/gang violence reduction, from America to Scotland. Policy transfer models were used to develop, frame and conduct the analysis of what was considered a ‘successful’ programme transfer; however, it was found that no single model could fully account conceptually for a key finding of the research, namely a policy transfer ‘backflow’. This article details the key processes, mechanisms and outcomes of the policy transfer and in doing so reflects on the usefulness of orthodox and non-orthodox/social-constructionist policy transfer approaches in understanding the outcomes of this case of criminal justice programme transfer.

Modernisation and cultural change under New Labour: views of solicitors, clerks, magistrates, barristers and judges

2016 ◽  
Author(s):  
Philip Whitehead
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Empirical Research ◽  
Cultural Change ◽  
Justice System ◽  
New Labour ◽  
Specific Domain ◽  
North East ◽  
Criminal Justice Professionals ◽  
Critical Change

There is a paucity of empirical research on solicitors, court clerks, magistrates, barristers and judges conducted within the criminal justice system in England and Wales. Even though the research conducted for this chapter is now several years old, it is included and retained because of the valuable insights provided into the era of modernisation. Importantly, it provides insights into what criminal justice professionals perceived of probation during a period of critical change under new labour. Accordingly, this chapter constitutes a slice of criminal justice history, in North-East England, that can be accessed and utilised by other criminal justice researchers. In doing so it is intended to compensate for empirical paucity in this specific domain of interest.

10. Inequalities and criminal justice

2021 ◽  
pp. 479-517
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Hate Crimes ◽  
Criminal Process

This chapter pulls together some of the issues mentioned in earlier chapters through a specific lens of inequality. The chapter highlights key areas of inequality in the criminal process by focusing on class, race and sex, but identifies intersections with a broader range of marginalised populations where information exists (and points to the need for research where the information does not yet exist). It discusses what we mean by inequality; key areas in which inequality in relation to class, race and sex manifest and intersect; inequity manifested in the criminal law; inequality as it manifests in policing; inequality as it manifests through sentencing; inequality experienced by victims; hate crimes; and ways that inequality could be reassessed and evaluated through discourses of rights and belonging.

Towards a Framework for Conceptualizing and Evaluating Models of Criminal Justice from a Victim's Perspective

1996 ◽  
Vol 4 (3) ◽  
pp. 153-182 ◽  
Author(s):  
James Dignan ◽  
Michael Cavadino
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Common Law ◽  
Criminal Process

In this article we outline a typology of ‘models’ or conceptual contexts within which a variety of victim-based measures has been proposed, and in many cases adopted, in various common law jurisdictions. The purpose of the typology is to clarify some of the confusion surrounding these measures and, in particular, the scope they offer for reparative and restorative approaches to operate either within or alongside the mainstream criminal process. Drawing on recent empirical findings and theoretical writings we also seek to evaluate the victim-oriented measures that are associated with each of the models. Within the typology three distinct models of restorative justice are examined and we argue that one of these, the Communitarian Model, emerges as the most coherent, credible and constructive challenger to the hitherto predominant Retributive Model.

Policies Into Practice: Intermediate Treatment and Community Service Compared

1981 ◽  
Vol 10 (2) ◽  
pp. 145-160
Author(s):  
Adrian L. James
Keyword(s):  
Criminal Justice ◽  
Social Policy ◽  
Juvenile Offenders ◽  
Young People ◽  
Community Service ◽  
Marked Change ◽  
Criminal Process ◽  
Children And Young People ◽  
England And Wales ◽  
The Impact

ABSTRACTThe philosophy and the policies for dealing with both juvenile and adult offenders in England and Wales have undergone a marked change in the last decade with the introduction of both the Children and Young Persons Act, 1969, and the Criminal Justice Act, 1972. The spirit behind the policies embodied in the first of these was intended to move juvenile offenders even further towards the provisions for children and young people in general and away from identification with adult offenders and the criminal process. In spite of this, many similarities remain between the two major innovations which emerged from these two pieces of legislation, which were intermediate treatment and community service. In terms of implementing these policies, however, wide differences have emerged in the speed, ease, and uniformity with which the different provisions have been introduced. Intermediate treatment, after a long struggle, is only just beginning to establish itself as a practical provision for juveniles whilst community service, introduced some years later, has now been fully implemented. This difference raises fundamental issues related to the implementation of certain areas of social policy. Although the failure of the 1969 Act to achieve the impact envisaged by its proponents has been attributed to its being only partially implemented and to lack of finance, amongst other things, comparison with the relatively successful introduction of community service suggests that there may also be important administrative factors underlying this failure which have been hitherto ignored.

scholarly journals Ideals and interests of participants in the digitalization of criminal proceedings

2020 ◽  
pp. 66-73
Author(s):  
V. I. Przhilenskiy ◽  
I. B. Przhilenskaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Digital Technologies ◽  
Criminal Proceedings ◽  
Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

scholarly journals Procesos criminales a instancia de parte privada. Apuntes sobre su praxis en el Real Consell Criminal valenciano en época de Felipe II

2019 ◽  
Vol 13 ◽  
pp. 113
Author(s):  
Maria Dolores Hernández-Fernández
Keyword(s):  
Criminal Justice ◽  
Criminal Process ◽  
The Real ◽  
Old Order ◽  
Palabras Clave

Resumen: El presente trabajo indaga sobre las posibilidades de conocer el proceso criminal valenciano a través del estudio de los procesos instados por particulares ante el Real Consell Criminal de la Real Audiencia valenciana. El estudio de la praxis de la justicia del rey en el Real Consell Criminal puede aportar datos interesantes, más allá del conocimiento del proceso criminal valenciano o del funcionamiento de la justicia de la Real Audiencia, también sobre el funcionamiento de la justicia criminal en el Antiguo Régimen en general.      Palabras clave: Real Consell criminal, proceso criminal, demanda, avocación, sagraments   Abstract: The present work explores the possibilities of knowing the valencian criminal process through the study of processes urged by individuals on the Real Consell Criminal of the Real Audiencia valenciana. The study of the justice praxis of the king in the Real Consell Criminal can provide interesting data, beyond the knowledge of the Valencian criminal process or the functioning of the justice of the Real Audiencia, also on the operation of criminal justice in the Old Order in general.   Keywords: Real Consell criminal, criminal process, demand, avocación, sagraments

scholarly journals The Power of Racialized Discretion in Policing Migration

2021 ◽  
Vol 10 (3) ◽  
pp. 41-55
Author(s):  
Alpa Parmar
Keyword(s):  
Criminal Justice ◽  
Empirical Research ◽  
Police Officers ◽  
Foreign National ◽  
Migration Control ◽  
Justice Process ◽  
Criminal Justice Process

Discretionary practices have often been put forward to explain the racially disproportionate patterns we see in policing. The focus on discretion rather than racism neatly shifts attention away from race and instead towards discretionary practices, which are notoriously amorphous and inscrutable. The attention towards discretion (rather than race) further allows race to operate without being explicitly named and, therefore, to operate as an absent present. In this article, I discuss how race and discretion work together when ordinary police officers are tasked with migration control duties to identify foreign national offenders. Drawing on empirical research conducted in England, I propose the concept of racialised discretion and argue that it holds merit because it recognises that certain discretionary practices and decisions are animated because of race, through race and with the effect (intentional or not) of racially disproportionate outcomes. The article argues for the need for racialised discretion to be seen as distinct from other forms of discretion both in policing and the criminal justice process more widely.

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