scholarly journals The defendant's right to counsel in criminal justice authorities; manifestation of civil rights

2016 ◽  
Vol 6 (21) ◽  
pp. 157-176
Author(s):  
Azam Mahdavipour ◽  
Seyed Mohammad Reza Naghibi
Keyword(s):  
Criminal Justice ◽  
Civil Rights

Mobilized by Injustice

2020 ◽  
Author(s):  
Hannah L. Walker
Keyword(s):  
New York ◽  
Criminal Justice ◽  
Civil Rights ◽  
Political Action ◽  
Negative Impact ◽  
The United States ◽  
Personal Contact ◽  
Racial Boundaries ◽  
Material Resources ◽  
Depth Interviews

Springing from decades of abuse by law enforcement and an excessive criminal justice system, members of over-policed communities lead the current movement for civil rights in the United States. Activated by injustice, individuals protested police brutality in Ferguson, campaigned to end stop-and-frisk in New York City, and advocated for restorative justice in Washington, D.C. Yet, scholars focused on the negative impact of punitive policy on material resources, and trust in government did not predict these pockets of resistance, arguing instead that marginalizing and demeaning policy teaches individuals to acquiesce and withdraw. Mobilized by Injustice excavates conditions under which, despite otherwise negative outcomes, negative criminal justice experiences catalyze political action. This book argues that when understood as resulting from a system that targets people based on race, class, or other group identifiers, contact can politically mobilize. Negative experiences with democratic institutions predicated on equality under the law, when connected to a larger, group-based struggle, can provoke action from anger. Evidence from several surveys and in-depth interviews reveals that mobilization as result of negative criminal justice experiences is broad, crosses racial boundaries, and extends to the loved ones of custodial citizens. When over half of Blacks and Latinos and a plurality of Whites know someone with personal contact, the mobilizing effect of a sense of injustice promises to have important consequences for American politics.

scholarly journals Criminal Punishment Without Civil Rights: The Criminal Proceeds and Instruments Bill's Punitive Civil Sanctions

2006 ◽  
Vol 37 (4) ◽  
pp. 623
Author(s):  
Peter Wright
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Reasonable Doubt ◽  
Double Jeopardy ◽  
Criminal Offending ◽  
Criminal Punishment

This article critiques the Criminal Proceeds and Instruments Bill 2005 which introduces a civil forfeiture regime for the proceeds of serious criminal offending. By using a civil forfeiture regime, many of the protections normally granted to criminal defendants are not available, which makes successful action by the State easier. This article argues that the Bill's civil forfeiture regime risks seriously abrogating individuals' rights, including those arising from the requirement for proof beyond a reasonable doubt and the prohibitions on double jeopardy and retrospective punishment. The article concludes that the confiscation of criminals' assets should take place within the criminal justice system to ensure that there are proper protections for defendants.

scholarly journals Unødig lang sagsbehandlingstid i danske straffesager:

2021 ◽  
Vol 108 (1) ◽  
pp. 251-266
Author(s):  
Kasper Jørgensen ◽  
Annette Olesen
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Justice System ◽  
Negative Influence ◽  
Criminal Cases ◽  
Social Barriers ◽  
Judicial Decisions ◽  
Legal Perspective ◽  
Long Time ◽  
Sense Of Justice

AbstractFor many years the Danish criminal justice system has been criticized for its drawn out handling of criminal cases – which is not only problematicfor the victim’s sense of justice, but is also a violation of the defendant’s civil rights. It is nevertheless surprising how little we know about the  implications for those who are forced to wait an unreasonably long time for trial, especially for those who are not remanded into custody. This article uses a socio-legal perspective to explore the time before conviction for defendants who must continue to live their everyday lives while awaiting decisions. Based on interviews (n=45) and judicial decisions we show that the interviewees awaiting their trial are trapped in a powerless position and are unable to take positive steps forward in their lives. Furthermore, the article shows that experiencing a drawn-out trial date has a negative influence on these citizens’ attachment to society even before their conviction by exposing them to social barriers similar to those faced by ex-convicts who have already served their time.

Data & Civil Rights: Criminal Justice Primer

2014 ◽  
Author(s):  
Alex Rosenblat ◽  
Kate Wikelius ◽  
<!>danah <!>boyd ◽  
Seeta Peea Gangadharan ◽  
Corrine Yu
Keyword(s):  
Criminal Justice ◽  
Civil Rights

scholarly journals Data & Civil Rights: Criminal Justice Primer

2016 ◽  
Author(s):  
Alex Rosenblat ◽  
Kate Wikelius ◽  
danah boyd ◽  
Seeta Peña Gangadharan ◽  
Corrine Yu
Keyword(s):  
Big Data ◽  
Criminal Justice ◽  
Civil Rights ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Design Data ◽  
Marginalized Communities ◽  
Incarcerated Population ◽  
The U.S

Discrimination and racial disparities persist at every stage of the U.S. criminal justice system,from policing to trials to sentencing. The United States incarcerates a higher percentage of its population than any of its peer countries, with 2.2 million people behind bars. The criminal justice system disproportionately harms communities of color: while they make up 30 percent of the U.S. population, they represent 60 percent of the incarcerated population. There has been some discussion of how “big data” can be used to remedy inequalities in the criminal justice system; civil rights advocates recognize potential benefits but remained fundamentally concerned that data-oriented approaches are being designed and applied in ways that also disproportionately harms those who are already marginalized by criminal justice processes.Like any other powerful tool of governance, data mining can empower or disempower groups. The values that go into an algorithm, and the metrics it optimizes for, are baked into its design. Data could be used to identify discrimination in current practices, or to predict where certain combinations of data points are likely to lead to an erroneous conviction. When algorithms are designed to improve how law enforcement regimes are deployed, the question that data analytics raises is, which efficiencies are we optimizing for? Who are the stakeholders, and where do they stand to gain or lose? How do these applications intersect with core civil rights concerns? Where can we use big data techniques to improve the structural conditions criminal justice system that lead to disparate impacts on marginalized communities? How do we measure that impact, and the factors that lead to it?

Civil rights and criminal justice

1996 ◽  
Vol 7 (1) ◽  
pp. 177-198
Author(s):  
Marvin Zalman
Keyword(s):  
Criminal Justice ◽  
Civil Rights

scholarly journals Resisting Repression: The Black Lives Movement in Context

2020 ◽  
Author(s):  
Pamela Elaine Oliver
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Racial Disparities ◽  
Civil Rights Movement ◽  
Political Action ◽  
The State ◽  
External Support ◽  
Police Violence ◽  
Unequal Treatment ◽  
Preliminary Version

Although some naïve observers saw Black Lives Matter protests as coming from nowhere in response to a new problem of publicity about police violence, the insurgency of 2014-2016 was continuous with and built on longstanding movements of resistance against repression and unequal treatment in the criminal justice system. Black activists in the US have long protested racially disparate policing and the repression of Black political action. These actions have meshed with efforts by other reform movements. This chapter reviews Black and non-Black movements addressing racial disparities or biases in US criminal justice with an emphasis on the movements between the Civil Rights Movement of the 1960s and the emergence of the Black Lives mobilization in 2014. The author's experiences in a local movement around racial disparities in criminal justice are shown to be consistent with what happened elsewhere. Prior to 2012, both radicals and moderates engaged in similar tactics of writing reports and seeking to influence criminal justice policy and there were periodic eruptions of protest about police violence or discrimination. Protests built upon longstanding organizations and networks and received external support as they grew. Note: This is the almost-final version of a paper forthcoming in 2020 as a chapter in Racialized Protest and the State, edited by Hank Johnston and Pamela Oliver. Routledge in the Mobilization Series on Social Movements. https://www.routledge.com/Racialized-Protest-and-the-State-Resistance-and-Repression-in-a-Divided/Johnston-Oliver/p/book/9780367263539 This version has not been copyedited. The forthcoming published version contains edits and revisions not reflected in this preliminary version.

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