GIUSTIZIA SPORTIVA, ARBITRATO DEGLI AGENTI SPORTIVI, REGOLAMENTO DEGLI AGENTI SPORTIVI, TERMINE PER LA DOMANDA D’ARBITRATO

2021 ◽  
Vol 2 (2 - 2021) ◽  
Author(s):  
Giovanni di Corrado
Keyword(s):  
United States ◽  
Justice System ◽  
The United States ◽  
Disciplinary Action ◽  
American System ◽  
Arbitration Procedure ◽  
Weak Points ◽  
Sports Arbitration

The Author focuses on US sports arbitration in professional leagues, raising strong doubts about the bias of the Commissioner, in the context of a system in which the same person who initiated, in his capacity as “head” of a sports league professional, disciplinary action against a player also decides whether a penalty should be imposed on him. Doubts that are linked to the multiplicity of roles that this subject can cover in the same arbitration procedure of the NFL and also to the fact that, in recent years, he is no longer perceived as an impartial and independent subject who takes care of the interest of sport, but rather seen as the CEO (CEO) of the Owners League. A very different solution than those practiced in our country. The survey offers some points of comparison on the weak points of the American system: one of these is the sports justice system which in the United States is predominantly arbitrary in nature.

scholarly journals Mercy towards decarceration: Examining the legal constraints on early release from prison

Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Family Members ◽  
The United States ◽  
Early Release ◽  
The Us ◽  
Legal Constraints ◽  
Release From Prison

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.

Shame and blame: Secondary stigma among families of convicted sex offenders

2021 ◽  
pp. 174889582110173
Author(s):  
Douglas Evans ◽  
Adam Trahan ◽  
Kaleigh Laird
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Justice System ◽  
Sex Offender ◽  
Family Members ◽  
The United States ◽  
Formerly Incarcerated ◽  
Research Attention ◽  
Sex Offender Registry

The detriment of incarceration experienced by the formerly incarcerated has been increasingly explored in the literature on reentry. A tangential but equally concerning issue that has recently received more research attention is the effect on family members of the incarcerated. The stigma of a criminal conviction is most apparent among families of convicted sex offenders, who experience consequences parallel to those of their convicted relative. Drawing from interviews with 30 individuals with a family member incarcerated for a sex offence in the United States, this study explores manifestations of stigma due to familial association. The findings suggest that families face negative treatment from social networks and criminal justice officials, engage in self-blame and that the media’s control over the narrative exacerbates family members’ experiences. Given the pervasiveness of criminal justice system contact, the rapid growth of the sex offender registry in the United States, and the millions of family members peripherally affected by one or both, justice system reforms are needed to ensure that family members are shielded from the harms of incarceration and registration.

I'm a slave man for sure: incarcerated teens' restoried narratives of resistance

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Judith M. Dunkerly ◽  
Julia Morris Poplin
Keyword(s):  
United States ◽  
Human Rights ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
The United States ◽  
Incarcerated Youth ◽  
Content Type ◽  
Analytic Tool ◽  
Identity And Agency

PurposeThe purpose of this study was to challenge the “single story” narrative the authors utilize counterstorytelling as an analytic tool to reveal the paradox of exploring human rights with incarcerated BIPOC teens whose rights within the justice system are frequently ignored. Shared through their writing, drawing and discussions, the authors demonstrate how they wrote themselves into narratives that often sought to exclude them.Design/methodology/approachThis paper centers on the interpretations of Universal Human Rights by Black adolescents involved in the juvenile justice system in the Southeastern region of the United States. Critical ethnography was selected as we see literacy as a socially situated and collaborative practice. Additionally, the authors draw from recent work on the humanization of qualitative methods, especially when engaging with historically oppressed populations. Data were analyzed using a bricolage approach and the framework of counterstorytelling to weave together the teens' narratives and experiences.FindingsIn using the analytic tool of counterstories, the authors look at ways in which the stories of colonially underserved BIPOC youth might act as a form of resistance. Similarly to the ways that those historically enslaved in the United States used narratives, folklore, “black-preacher tales” and fostered storytelling skills to resist the dominant narrative and redirects the storylines from damage to desire-centered. Central then to our findings is the notion of how to engage in the work of dismantling the inequitable system that even well-intentioned educators contribute to due to systemic racism.Research limitations/implicationsThe research presented here is significant as it attempts to add to the growing body of research on creating spaces of resistance and justice for incarcerated youth. The authors seek to disrupt the “single story” often attributed to adolescents in the juvenile justice system by providing spaces for them to provide a counternarrative – one that is informed by and seeks to inform human rights education.Practical implicationsAs researchers, the authors struggle with aspects related to authenticity, identity and agency for these participants. By situating them as “co-researchers” and by inviting them to decide where the research goes next, the authors capitalize on the expertise, ingenuity and experiences' of participants as colleagues in order to locate the pockets of hope that reside in research that attempts to be liberatory and impact the children on the juvenile justice system.Social implicationsThis study emphasizes the importance of engaging in research that privileges the voices of the participants in research that shifts from damage to desire-centered. The authors consider what it may look like to re-situate qualitative research in service to those we study, to read not only their words but the worlds that inform them, to move toward liberatory research practice.Originality/valueThis study provides an example of how the use of counterstorytelling may offer a more complex and nuanced way for incarcerated youth to resist the stereotypes and single-story narratives often assigned to their experiences.

PROVIDING FREE LEGAL ASSISTANCE TO PERSONS SENTENCED TO IMPRISONMENT IN RUSSIA AND THE USA: A COMPARATIVE ANALYSIS

2021 ◽  
pp. 14-19
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
The United States ◽  
Synthesis Methods ◽  
Legal Assistance ◽  
American System ◽  
The Usa ◽  
Legal Foundations ◽  
The Subject ◽  
Domestic Practice

Статья посвящена исследованию опыта оказания бесплатной юридической помощи осужденным к лишению свободы в США, а также проведению сравнительного анализа данного и отечественного опыта. Целью работы является изучение основных организационных аспектов и правовых основ оказания юридической помощи такой категории граждан, как осужденные, с целью установления закономерностей и выявления возможности использования положительных аспектов указанного опыта в российском законодательстве. Методы, использующиеся при написании статьи: диалектический, анализ, синтез, сравнительно-правовой. В статье последовательно изучается организация оказания бесплатной юридической помощи осужденным и их родственникам в различных регионах (штатах) США. Особое внимание уделяется субъектам оказания помощи, а также специфике отдельных механизмов и особенностей работы организаций по оказанию безвозмездной помощи осужденным. В качестве особенности американской системы оказания правовой помощи автор особенно выделяет предметный (специализированный) подход к вопросам оказания помощи - отдельные организации занимаются оказанием помощи по выбранному узкому кругу вопросов. Исследование российского опыта правовой помощи осужденным позволяет отметить некоторые преимущества. Вместе с тем, анализ проблем, существующих в системе оказания бесплатной юридической помощи осужденным к лишению свободы, позволил сделать вывод о необходимости совершенствования системы юридической помощи в России. В результате работы выявлен положительный опыт, возможный для применения в российском законодательстве. The article is devoted to the study of the experience of providing free legal assistance to those sentenced to imprisonment in the United States, as well as to the comparative analysis of this experience and that available in domestic practice. The purpose of this work is to study the main organizational aspects and legal foundations of providing legal assistance to such a category of citizens as convicts in order to establish patterns and identify the possibility of using the positive aspects of this experience in Russian legislation. Methods used in this study: dialectical method of cognition, analysis, synthesis, methods of comparative law. The article consistently examines the organization of the provision of free legal assistance to convicts and their relatives in various regions (states) of the United States. Great attention is paid to the subjects of assistance, as well as the specifics of individual mechanisms and features of the work of organizations to provide gratuitous assistance to convicts. As a feature of the American system of providing legal assistance, the author especially highlights the subject (specialized) approach to assistance issues - individual organizations are involved in providing assistance on a selected narrow range of issues. The study of the Russian experience of legal assistance to convicts reveals some advantages. At the same time, the analysis of the problems existing in the system of providing free legal assistance to those sentenced to imprisonment made it possible to conclude that it is necessary to improve the system of legal assistance in Russia. As a result of the work, a positive experience was revealed that could be applied in Russian legislation.

Criminal Justice in an Era of Mass Deportation

2017 ◽  
Vol 20 (1) ◽  
pp. 12-38 ◽  
Author(s):  
Ingrid V. Eagly
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
State Level ◽  
Plea Bargaining ◽  
The United States ◽  
Criminal Court ◽  
Law Enforcement Agencies ◽  
Collateral Consequence

After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.

Do Americans Like to Punish?

Metamorphosis ◽  
2018 ◽  
Author(s):  
Robert A. Ferguson
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Western Europe ◽  
The United States ◽  
Political Values ◽  
The People ◽  
American Prison

This chapter addresses the question of whether Americans like to punish. The United States clearly punishes more heavily and for longer periods than other countries, with comparable social and political values. One can land in an American prison for life over minor offenses—a punishment not used for serious offenses in Western Europe. The leading comparativist on criminology, James Whitman, argues that a politics of dignity has instilled mercy and mildness in European systems, while leveling impulses, distrust of authority, and too much power in the people is said to have left the United States with a criminal justice system long in degradation and short on mercy.

scholarly journals Helpful tools for criminal prosecution in domestic violence cases: Some ideas from the United States of America

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 67-71
Author(s):  
Katie Zoglin
Keyword(s):  
United States ◽  
Domestic Violence ◽  
Law Enforcement ◽  
Support Services ◽  
Justice System ◽  
The United States ◽  
Criminal Prosecution ◽  
Restraining Orders ◽  
Care Workers ◽  
Victim Support

In this paper author presents three instruments that have been proven helpful in domestic violence prosecutions in the United States, particularly in California: (1) laws, (2) inter-agency protocols, and (3) victim support services. Prosecutors have found that certain laws have been helpful in domestic violence prosecutions. These include restraining orders, criminal penalties for violations of restraining orders, and evidence code provisions permitting certain kinds of testimony. Second, many jurisdictions in California have drafted inter-agency protocols. The purpose of these protocols is to help law enforcement, health care workers, and social workers in gathering evidence relating to domestic violence cases. Finally, most victims are not familiar with the criminal justice system many are nervous about going to court for domestic violence cases, for a variety of reasons. As a result, many jurisdictions have established victim support services.

scholarly journals “Nobody gets out alive. This place just a big coffin”: On Death and Dying in American Prisons

2017 ◽  
Vol 29 (1) ◽  
pp. 65-83
Author(s):  
Raluca Andreescu
Keyword(s):  
United States ◽  
Justice System ◽  
Death And Dying ◽  
The United States ◽  
Correctional Facilities ◽  
Joyce Carol Oates ◽  
Citizenship Rights ◽  
Social Death ◽  
Award Winning ◽  
Civil Death

Abstract This article explores the manner in which the narratives in the Prison Noir volume (2014) edited by Joyce Carol Oates bring into view the limits and abusive practices of the American criminal justice system within the confines of one of its most secretive sites, the prison. Taking an insider’s perspective - all stories are written by award-winning former or current prisoners - the volume creates room for the usually silent voices of those incarcerated in correctional facilities throughout the United States. The article engages the effects of “prisonization” and the subsequent mortification of inmates by focusing on images of death and dying in American prisons, whether understood as a ‘social death,’ the isolation from any meaningful intercourse with society, as a ‘civil death,’ the stripping away of citizenship rights and legal protections, or as the physical termination of life as a result of illness, murder, suicide or statesponsored execution.

Sex Panic and Denial

2018 ◽  
Vol 21 (3) ◽  
pp. 458-482
Author(s):  
Corey Rayburn Yung
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
American Culture ◽  
The United States ◽  
Social Goal ◽  
Residency Restrictions

The American criminal justice system regarding sex is not just logically incoherent, it is also often morally bankrupt because it remains unexamined and poorly understood. This Article contends that there are actually common roots underlying the seemingly oppositional forces of social panic and denial, which explain why the United States has an endemic sexual violence problem. Both panic and denial reinforce the implicit, and sometimes explicit, desire to avoid substantive engagement with socially contentious issues related to sex. The use of residency restrictions and civil commitment fit the modern social goal of putting sex offenders out-of-sight and out-of-mind. Yet, those same desires also explain America’s unwillingness to believe victims of sexual violence and police failure to properly investigate criminal complaints. In this way, sex panic dovetails with sex denial—in both instances, American culture only permits a limited discussion and understanding of sex and sexual violence. The result is that our nation fails to take sex crime complaints seriously while overreacting to the few convictions that emerge from the hostile criminal justice system.

The Civil Commitment of Sex Offenders in Light of Foucha v. Louisiana

1993 ◽  
Vol 20 (4) ◽  
pp. 371-387 ◽  
Author(s):  
RUDOLPH ALEXANDER
Keyword(s):  
Mental Health ◽  
United States ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Mental Health System ◽  
Justice System ◽  
United States Supreme Court ◽  
Civil Commitment ◽  
The United States ◽  
United States Supreme

The United States Supreme Court has ruled that an individual who has been judged insane and committed to a mental facility and who has regained his sanity but remains dangerous cannot continue to be confined. In a dissenting opinion, Justice Kennedy stated that the majority's decision might have put in doubt the civil commitment of persons other than insanity acquittees. The author of this essay contends that the Court's decision indeed did so and argues that dangerous or predatory sex offenders cannot now be civilly committed to mental institutions. The author argues also that the criminal justice system, rather than the mental health system, is more appropriate for controlling sex offenders.

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