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Sample records for justice process criminal

  1. Criminal justice processing of sexual assault cases. Highlights.

    Science.gov (United States)

    Roberts, J V

    1994-03-01

    This article discusses the processing of criminal justice on sexual assault cases in Canada. To begin with, in 1983, Bill C-127 abolished the offense of rape and indecent assault and created three new crimes of sexual assault and three parallel offenses of assault. This legislation also introduced a number of important changes to the way crimes of sexual aggression are processed by the criminal justice system. In 1991, the Supreme Court struck down provisions of the sexual assault legislation preventing a defendant from introducing evidence regarding complainant's previous sexual conduct. As a result, Bill C-49 was introduced to provide a test to determine whether a complainant's sexual history could be admitted at trial. This bill also addresses the issue of consent and the defense of mistaken beliefs in consent. The focus of the Juristat is the criminal justice processing of the three levels of sexual assault, which are elaborated in this article. In order to distinguish between the different levels, body harm relates only to physical injury and does not include psychological harm. Drawing on the Uniform Crime Reporting Survey, the Sentence Study, the Adult Criminal Court Survey and the Youth Court Survey, the Juristat summarizes recent trends relating to the processing of sexual assault and assault by the police and the courts. Canada's Violence Against Women Survey provides a profile of sexual assault incidents among adult women in Canada.

  2. Effect of forensic evidence on criminal justice case processing.

    Science.gov (United States)

    Peterson, Joseph L; Hickman, Matthew J; Strom, Kevin J; Johnson, Donald J

    2013-01-01

    This study examined the role and impact of forensic evidence on case-processing outcomes in a sample of 4205 criminal cases drawn from five U.S. jurisdictions. Regression analyses demonstrated that forensic evidence played a consistent and robust role in case-processing decisions. Still, the influence of forensic evidence is time- and examination-dependent: the collection of crime scene evidence was predictive of arrest, and the examination of evidence was predictive of referral for charges, as well as of charges being filed, conviction at trial, and sentence length. The only decision outcome in which forensic evidence did not have a general effect was with regard to guilty plea arrangements. More studies are needed on the filtering of forensic evidence in different crime categories, from the crime scene to its use by investigators, prosecutors, and fact-finders, and to identify factors that shape decisions to collect evidence, submit it to laboratories, and request examinations.

  3. From arrest to sentencing: A comparative analysis of the criminal justice system processing for rape crimes

    Directory of Open Access Journals (Sweden)

    Joana Domingues Vargas

    2008-01-01

    Full Text Available The current article is intended to demonstrate the advantages of prioritizing an analysis of court caseload processing for a given type of crime and proceeding to a comparison of the results obtained from empirical studies in different countries. The article draws on a study I performed on rape cases tried by the court system in Campinas, São Paulo State, and the study by Gary LaFree on rape cases in the United States, based on data in Indianapolis, Indiana. The comparative analysis of determinants of victims' and law enforcement agencies' decisions concerning the pursuit of legal action proved to be productive, even when comparing two different systems of justice. This allowed greater knowledge of how the Brazilian criminal justice system operates, both in its capacity to identify, try, and punish sex offenders, and in terms of the importance it ascribes to formal legal rules in trying rape cases, in comparison to the American criminal justice system.

  4. Ten tendencies of criminal justice

    Institute of Scientific and Technical Information of China (English)

    HE Jiahong

    2007-01-01

    A study of the global tendencies of criminal justice will help us design a more scientific and rational pathway for the reformation of existing criminal justice system of China. In the forthcoming several hundred years to come, theworld's criminal justice is to take on ten tendencies, that is, the tendency toward unity, civilization, science, rule of law, human rights, justice, efficiency,specialization, standardization and harmony.

  5. Stalker profiles with and without protective orders: reoffending or criminal justice processing?

    Science.gov (United States)

    Logan, T K; Nigoff, Amy; Walker, Robert; Jordon, Carol

    2002-10-01

    Research indicates that stalking is an extension of intimate partner violence. The overall purpose of this study was to better understand stalkers by examining the association between a protective order history and the court's processing of subsequent stalking, and to examine patterns of reoffending. This study examined a sample of 346 males who were charged with stalking in 1999 in one state. Subjects were partitioned into three groups: (1) males without protective orders; (2) males with one prior protective order; and (3) males with two or more prior protective orders. Almost two-thirds of the stalkers had a protective order against them at some point in the study, suggesting that stalking is associated with intimate partner violence. Results also found a linear trend with many of the criminal justice involvement variables and protective order history prior to 1999. Those charged with first-degree stalking were more likely to be found guilty initially, and about one-third of all three study groups had the initial felony stalking charge amended. Of those charged with second-degree stalking, only 7% of the group with two or more protective orders was initially found guilty, which was substantially less than the other two groups. And, when all the amendment dispositions were considered, there were no significant differences by group in guilty and dismissed dispositions for the index stalking charge. Further, consistent with previous criminal justice involvement, the group with two or more protective orders was more likely to have subsequent felony charges than the other two groups. Implications are discussed.

  6. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  7. The Dutch criminal justice system : third edition

    NARCIS (Netherlands)

    Tak, P.J.P.

    2008-01-01

    This book covers both the organization of the present Dutch criminal justice system and the main procedures used within the system. It deals with the basic principles that guide the operation of the Dutch criminal justice system. The latest statistical information available is that of the year 2006.

  8. The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

    Directory of Open Access Journals (Sweden)

    Andi Sofyan

    2015-08-01

    Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

  9. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  10. 78 FR 2443 - Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's Declaration of...

    Science.gov (United States)

    2013-01-11

    ... From the Federal Register Online via the Government Publishing Office ] DEPARTMENT OF JUSTICE Office of Justice Programs Criminal Justice Interview Room Recording System (IRRS) Standard, Supplier's... Criminal Justice IRRS Supplier's Declaration of Conformity Requirements 3. Draft Criminal Justice...

  11. International Criminal Justice and the Politics of Compliance

    NARCIS (Netherlands)

    Lamont, Christopher

    2010-01-01

    International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice sc

  12. Race, crime, and criminal justice in Portugal

    OpenAIRE

    Cunha, Manuela Ivone P. da

    2010-01-01

    How is ‘difference’ reflected on crime and the criminal justice system in Portugal? The answers obtained depend on which notions we can translate ‘difference’ into: ‘race’, ‘ethnicity’, ‘foreigners’, ‘immigrants’, ‘minorities’. This, in turn, depends also on whether we focus on statistics, rates, or, from another angle, experiences of crime and of the criminal justice system. Quantitative and qualitative data highlight different but complementary aspects of a same landscape. This paper focus...

  13. Racial Profiling and Criminal Justice

    DEFF Research Database (Denmark)

    Ryberg, Jesper

    2011-01-01

    According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are c...

  14. The Productivity of Criminology and Criminal Justice Faculty.

    Science.gov (United States)

    DeZee, Matthew R.

    The scholarly productivity of criminology and criminal justice faculty and programs was investigated. The methodologies that were used to rate journals that publish articles in the criminology/criminal justice field and to select 71 schools with graduate programs in criminology or criminal justice are described. Primary interest focused on…

  15. 28 CFR 0.85a - Criminal justice policy coordination.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal justice policy coordination. 0.85a Section 0.85a Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Federal Bureau of Investigation § 0.85a Criminal justice policy coordination. The Federal...

  16. Criminal Justice and Criminology. Library Research Guide.

    Science.gov (United States)

    White, Phillip M.

    This guide to sources for students at San Diego State University who are doing library research in Criminal Justice, Criminology, and related subject areas begins by noting that topics in these areas can be researched in a variety of subject disciplines, including psychology, sociology, law, social work, political science, public administration,…

  17. Miramar College Program Evaluation: Criminal Justice.

    Science.gov (United States)

    Moriyama, Bruce; Brumley, Leslie

    Qualitative and quantitative data are presented in this evaluation of the curricular, personnel, and financial status of Miramar College's program in criminal justice. The report first outlines the information gathered in an interview with the program chairperson, conducted to determine program objectives and goals and how they were determined,…

  18. The Next Stage of Devolution? A (Devolving Criminal Justice System for Wales

    Directory of Open Access Journals (Sweden)

    Jackie Jones

    2008-04-01

    Full Text Available The coalition government in Wales has committed itself to seriously consider devolving the criminal justice system for Wales. It is seen as the next possible step in the devolution process. To some extent many of the structures for a devolved criminal justice system are already being put in place to support devolved policy making and provision of criminal justice services in Wales. However, the One Wales agreement proposes to place the most emphasis on a devolved criminal justice system on youth justice and the prevention of re-offending. This is problematic in a number of ways explored in the paper, not least because the duties in the Welsh Constitution obligate the Welsh Assembly Government to ensure equality of opportunity for all and equality of treatment of both Welsh and English. Can a successful devolved fit-for-purpose criminal justice system for Wales be created?

  19. The Space for Restorative Justice in the Ethiopian Criminal Justice System

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2014-12-01

    Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of ‘putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

  20. restorative justice, criminal justice and access to justice

    African Journals Online (AJOL)

    wide range of human rights that are enshrined in ... series, which tend to glorify the role of the prosecutor in a dramatic depiction of good versus bad. However, reality ... unpredictable transformation'.6 Models of practice ..... Funding and resources are also needed. 18 .... Restorative Justice Week, Protea Hotel, Umhlanga.

  1. Expert Evidence and International Criminal Justice

    DEFF Research Database (Denmark)

    Appazov, Artur

    The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials...... and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts' ability to meaningfully...... incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about...

  2. Does the justice concur witn court adjudication of criminal case?

    Directory of Open Access Journals (Sweden)

    Berova D.M.

    2014-12-01

    Full Text Available Two formulas are confronted in the article: “justice in the Russian Federation is administered only by court” and “court adjudicates criminal cases”. Different scientific standpoints are analyzed. The viewpoint on justice as any court procedural activity (including pre-trial control of preliminary investigation bodies and arguments justifying it are studied, notably justice is not only judicial proceeding and conclusion on guilt and liability, but also deciding issues on arrest, search, taking other measures of criminal procedure constraint. The author proposes to consider justice in its direct meaning and in the narrow sense as the court activity on trying and adjudicating criminal cases. The rest of the court’s functions including the function of pre-trial control of preliminary investigation bodies cannot be considered as justice. The criminal case adjudication totally concurs with justice, and “justice” remains the priority legislative term. It is proved that justice as criminal case adjudication begins in the stage of preparing for judicial sitting, but it is executed in all the following degrees of jurisdiction and also when reopening the case due to newly discovered facts. In such cases reversal and revision of a sentence are possible, which is court’s prerogative forming a justice function. The judicial proceeding in the stage of executing a sentence is not considered as justice because in this case the sentence is not reversed or revised, its legality and validity are not examined and questioned, but execution of punishment can be amended.

  3. Why victims of domestic violence retract from the criminal justice ...

    African Journals Online (AJOL)

    systemic and structural reasons why Domestic Violence Act [DVA] applicants disengage from the criminal justice ... been assisted with applying for a protection order that the .... with death or more violence if they initiate or. 6. Institute for ...

  4. Criminal Justice Information Policy. Privacy and the Private Employer.

    Science.gov (United States)

    SEARCH Group, Inc., Sacramento, CA.

    Should private employers have a right of access to criminal history record information in order to make employment decisions about applicants and employees? This book addresses both legal and operational questions relating to the use of criminal justice data for private employment and decision-making purposes. The informative, non-prescriptive…

  5. Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system.

    Science.gov (United States)

    Petrucci, Carrie J

    2002-01-01

    The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process. Copyright 2002 John Wiley & Sons, Ltd.

  6. Crime victims in the criminal justice system

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja M.

    2003-01-01

    Full Text Available Negative social reaction and inadequate reaction of the agencies of the formal control on the primary victimization is leading to the so called secondary victimization that can be a source of trauma and frustration as much as the primary victimization. Due to that, relation of the police and the judiciary towards the crime victims is of a great importance regarding victims’ willingness to report the victimization, their confidence in these agencies, and cooperation during clearing up the crime. In order to realize the victim’s position in the criminal justice system, this paper contains an overview of how the police, prosecutor’s office and courts are functioning. The paper is based on the interviews made with the representatives of these state agencies, as well as on the previous knowledge and realized surveys concerning this topic. The aim of the paper is to emphasize the position and the role of the victim support service in the system of the state intervention, based upon the obtained data, as well as to give some basic information on how victims could report the crime, what are their rights and duties, what can they expect from the competent agencies.

  7. Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

    National Research Council Canada - National Science Library

    Intan Karangan

    2016-01-01

    ... No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law...

  8. Health Disparities and the Criminal Justice System: An Agenda for Further Research and Action

    OpenAIRE

    Binswanger, Ingrid A.; Redmond, Nicole; Steiner, John F.; Hicks, LeRoi S.

    2011-01-01

    Although racial and ethnic minorities are more likely to be involved with the criminal justice system than whites in the USA, critical scientific gaps exist in our understanding of the relationship between the criminal justice system and the persistence of racial/ethnic health disparities. Individuals engaged with the criminal justice system are at risk for poor health outcomes. Furthermore, criminal justice involvement may have direct or indirect effects on health and health care. Racial/eth...

  9. Critiquing the Role of the Community College in Criminal Justice Education: Curriculum Trends and Analysis.

    Science.gov (United States)

    Meadows, Robert J.

    Based upon a literature review and interviews with selected criminal justice educators, this critique of criminal justice or police education attempts to explore some of the criticisms being leveled against community college criminal justice education and certain issues and trends related to the field that are becoming evident. To place this…

  10. Overview of criminal justice projects at Sandia National Laboratories

    Energy Technology Data Exchange (ETDEWEB)

    Spencer, D.D.

    1995-07-01

    The criminal justice projects at SNL include three projects for the National Institute of Justice (smart gun, restraining foam, aqueous foam, corrections perimeter), a Southwest Border study, and one involving corrections agencies. It is concluded that the national technologies developed to protect nuclear and other high value assets have enormous potential for application to crime and personal safety; the difficulty lies in simplifying the technology transfer and making the new systems affordable.

  11. General Principles of Transnationalised Criminal Justice?
    Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  12. General Principles of Transnationalised Criminal Justice?Exploratory Reflections

    Directory of Open Access Journals (Sweden)

    Marianne L. Wade

    2013-09-01

    Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

  13. Resistance to the mainlandization of criminal justice practices: a barrier to the development of restorative justice in Hong Kong.

    Science.gov (United States)

    Lo, T Wing

    2012-06-01

    This article examines the political and legal barriers to introducing restorative justice (RJ) in Hong Kong. It argues that the processes involved in RJ may be in conflict with the rule of law, which is regarded by the citizens of Hong Kong as sacrosanct in their resistance to the "mainlandization" of criminal justice practices after China resumed sovereignty of Hong Kong. It is argued that, because it could admit such potentially harmful Chinese criminal justice concepts as "rule by the people," "absence of the presumption of innocence," "leniency for self-confession and severity for resistance," and "toeing the party line," RJ would be devoid of any restorative substance and could breach the principles of due process.

  14. Developing a Culturally Appropriate HIV and Hepatitis C Prevention Intervention for Latino Criminal Justice Clients.

    Science.gov (United States)

    Ibañez, Gladys E; Whitt, Elaine; Rosa, Mario de la; Martin, Steve; O'Connell, Daniel; Castro, Jose

    2016-07-01

    The population within the criminal justice system suffers from various health disparities including HIV and hepatitis C virus (HCV). African American and Latino offenders represent the majority of the offender population. Evidence-based interventions to prevent HIV and HCV among criminal justice clients are scant and usually do not take cultural differences into account. Toward this end, this study describes the process of culturally adapting an HIV/HCV prevention intervention for Latino criminal justice clients in Miami, Florida, by using the ecological validity model. Recommendations for culturally adapting an intervention for Latinos include an emphasis on language and integrating cultural themes such as familism and machismo. © The Author(s) 2016.

  15. Special Criminal Courts to restorative justice: the Consensual justice in Brazil/Dos juizados especiais criminais a justica restaurativa: a "Justica Consensual" no Brasil

    National Research Council Canada - National Science Library

    Souza, Luanna Tomaz; Fabeni, Lorena Santiago

    2013-01-01

    The problems facing the criminal justice system increasingly visible show. This article analyzes the emergence of Special Criminal Courts as an alternative to criminal justice and its proposed Consensual...

  16. A Heuristic Model of Criminology and Criminal Justice.

    Science.gov (United States)

    Zalman, Marvin

    The differences between criminology and criminal justice are assessed by comparing them to a more abstract typology. This typology is comprised of four basic elements: the focal concerns of the fields; career patterns of professionals; the extent to which the fields are theoretically based and are disciplines, sciences, and professions; and the…

  17. Fetal Alcohol Spectrum Disorders and the Criminal Justice System

    Science.gov (United States)

    Fast, Diane K.; Conry, Julianne

    2009-01-01

    The life-long neurological impairments found in people with fetal alcohol spectrum disorders (FASDs), including learning disabilities, impulsivity, hyperactivity, social ineptness, and poor judgment, can increase susceptibility to victimization and involvement in the criminal justice system (CJS). Individuals with FASDs become involved in the CJS…

  18. Juvenile Crime and Criminal Justice: Resolving Border Disputes

    Science.gov (United States)

    Fagan, Jeffrey

    2008-01-01

    Rising juvenile crime rates during the 1970s and 1980s spurred state legislatures across the country to exclude or transfer a significant share of offenders under the age of eighteen to the jurisdiction of the criminal court, essentially redrawing the boundary between the juvenile and adult justice systems. Jeffrey Fagan examines the legal…

  19. Hispanics in the Criminal Justice System--the "Nonexistent" Problem.

    Science.gov (United States)

    Mandel, Jerry

    1979-01-01

    Though hidden from view by being considered "non-existent", the meager evidence indicates that Hispanics have an unusually high arrest and incarceration rate. Hispanic background is rarely asked on the six major sources of criminal justice statistics--statistics of arrests, courts, prisoners, juvenile delinquency, crime victimization, and public…

  20. Immigration, Crime and Criminal Justice Systems

    NARCIS (Netherlands)

    Leun, van der J.P.; Herzog-Evans, M.

    2010-01-01

    In a three volume collection Wolf Legal Publishers presents The Transnational Criminology Manual. We are happy with contributions from more than 100 eminent specialists from the field including scholars from, among others, France (Reims University, Department of Justice) Canada (Montreal

  1. Contributions of family violence research to criminal justice policy on wife assault: paradigms of science and social control.

    Science.gov (United States)

    Fagan, J

    1988-01-01

    Criminal justice policy on family violence has evolved over the past two decades, informed by political activism as well as theory and research from divergent and often competing perspectives. Experimental research on mandatory arrest of men who assault female partners, policy research on special prosecution programs, and the development of treatment programs for men who batter, typify the strategies for applying criminal sanctions to family violence. However, other critical research on family violence has not been integrated into criminal justice policy, limiting policy development and intervention strategies to practices which reflect contemporary models of sanctions and social control. The limited contributions of family violence research to criminal justice policy reflect competing paradigms of social science, the challenge of family violence cases to the normative processes and the social organization of the criminal courts, and divergent perspectives on social control of offenders in family and stranger violence cases. Strategies for an integrated policy development process are suggested.

  2. Academic Politics and the History of Criminal Justice Education. Contributions in Criminology and Penology, No. 46.

    Science.gov (United States)

    Morn, Frank

    This book reviews the history of academic criminal justice--the studying and teaching of crime, police, law and legal processes, and corrections--from 1870 to the present. The nine chapters have the following titles: (1) "Introduction: Academic Politics and Professionalism, 1870-1930"; (2) "Progressivism and Police Education,…

  3. Immigration, Crime and Criminal Justice Systems

    NARCIS (Netherlands)

    Leun, van der J.P.; Herzog-Evans, M.

    2010-01-01

    In a three volume collection Wolf Legal Publishers presents The Transnational Criminology Manual. We are happy with contributions from more than 100 eminent specialists from the field including scholars from, among others, France (Reims University, Department of Justice) Canada (Montreal University)

  4. Immigration, Crime and Criminal Justice Systems

    NARCIS (Netherlands)

    Leun, van der J.P.; Herzog-Evans, M.

    2010-01-01

    In a three volume collection Wolf Legal Publishers presents The Transnational Criminology Manual. We are happy with contributions from more than 100 eminent specialists from the field including scholars from, among others, France (Reims University, Department of Justice) Canada (Montreal University)

  5. Confronting the Crisis in the Criminal Justice System. Technical Assistance Bulletin No. 5.

    Science.gov (United States)

    Podell, Sara

    Experts agree that the U.S. criminal justice system faces a crisis, yet there is a broad range of views as to its sources, consequences, and solutions. There seems to be a public perception that the individual rights guaranteed accused criminals by the U.S. Constitution prevents the criminal justice system from functioning properly. It is…

  6. 28 CFR 20.35 - Criminal Justice Information Services Advisory Policy Board.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal Justice Information Services... INFORMATION SYSTEMS Federal Systems and Exchange of Criminal History Record Information § 20.35 Criminal Justice Information Services Advisory Policy Board. (a) There is established a CJIS Advisory Policy...

  7. 75 FR 18751 - FBI Criminal Justice Information Services Division User Fees

    Science.gov (United States)

    2010-04-13

    ... Part 20 RIN 1110-AA26 FBI Criminal Justice Information Services Division User Fees AGENCY: Federal...- based Criminal History Record Information (CHRI) checks and other identification services submitted by... fingerprint identification and criminal justice information services and associated costs. It further...

  8. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice

    Directory of Open Access Journals (Sweden)

    Ansori Ansori

    2014-01-01

    Full Text Available The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice. Rechtsidee, 1(1, 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

  9. OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

    Directory of Open Access Journals (Sweden)

    Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

    2012-11-01

    Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

  10. Young Black Men and the Criminal Justice System: A Growing National Problem.

    Science.gov (United States)

    Mauer, Marc

    The impact of the criminal justice system on Black male adults in the 20-to-29 year age group was examined. End results of the large-scale involvement of young Black men in the criminal justice system are considered, and the implications for crime control are discussed. Using data from Bureau of Justice Statistics and the Bureau of the Census…

  11. Leadership skills for nurses working in the criminal justice system.

    Science.gov (United States)

    Bennett, Clare; Perry, Jane; Lapworth, Tracy

    This article, the second in a five-part series, explores leadership skills for nurses working in the criminal justice system to effect change in service provision. The article discusses different leadership styles and distinguishes management from leadership. Factors that influence change are outlined, as is the need for emotional intelligence, teamwork and collaborative working. Change management, negotiating ability and conflict management are important skills that nurses should develop to become effective leaders.

  12. International criminal justice and the erosion of sovereignty

    Directory of Open Access Journals (Sweden)

    Miguel de Serpa Soares

    2013-11-01

    Full Text Available The author states that any form of international justice always represents a means of limiting national sovereignty. In the case of International Criminal Law, this limiting is even more evident by compromising elements essential to the classical paradigm of International Law, as for example the punishing monopoly of States or the concept of a quasi-absolute State sovereignty. International criminal tools, crimes, sentences, jurisdictions, are all able to be, at least partially, a legal alternative to the issues of peace-keeping and national security, exclusively political and diplomatic. This alternative inevitable leads to tensions with a power structure that has not been altered since 1945. However, for this legal criminal alternative to be put in place, a long period of maturation will be required based on irrefutable technical and legal credibility.

  13. The rights of Victims under International Criminal Justice

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    Erinda Duraj (Male

    2015-07-01

    Full Text Available The goal of this paper is to examine the role of victims before the ICC criminal justice system by giving a general overview of their role and participation. It also focuses on examining some specific rights of victims before international criminal court such as right to participation, the right to protection and the right to reparations which represent one of the greatest advances made by the international criminal justice system and a significant challenge that the Court has already faced in its early hearings. The right of victims to participate in the proceedings of the Court, as being the primary right granted by the Statute, shall be a crucial topic in this paper. Explanation will be given during this study regarding the various elements that need to be considered to understand the scope of this right, as well as when this right will be excercised. Therefore, through this paper a specific attention shall have the right of victims to legal representation before the Court and how to guarantee the indipendency by he Court of the representatives. Finally, some conclusions and recommendation will be given at the end of this paper concerning how to improve vicitims access and participation in the International Criminal Court proceedings.

  14. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

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    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

  15. Historical Memory and Transitional Justice in Spain: the Time as Actor of Criminal Justice

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    Josep Tamarit Sumalla

    2014-10-01

    Full Text Available The article addresses the political, criminal and legal challenges posed by accountability demands for past crimes by studying the singularities that the Spanish transition from Franco’s dictatorship to democracy has raised. Especially, it is analysed the Historical Memory Law of 2007 and the most problematic points of the criminal justice actions that have emerged due to offenses committed during the dictatorship. Despite the existence of international crimes, the elapsed time has brought difficult to overcome, factual and legal difficulties for effective prosecution. This problem, focusing on the prohibition of retroactivity, prescription and effects of the Amnesty Act of 1977 is examined here.

  16. Criminal Justice Profile--Statewide, 1984. Supplement to "Crime and Delinquency in California."

    Science.gov (United States)

    California State Dept. of Justice, Sacramento. Bureau of Criminal Statistics and Special Services.

    This California annual Criminal Justice Statewide Profile presents data which supplements the Bureau of Criminal Statistics' (BCS) annual Crime and Delinquency publication. This monograph summarizes and combines data pertaining to California's justice system. The profile consists of two sections. The first section consists of 12 tables displaying…

  17. Two Views of Criminology and Criminal Justice: Definitions, Trends, and the Future.

    Science.gov (United States)

    Conrad, John P.; Myren, Richard A.

    The question of whether criminology and criminal justice are distinct fields is addressed in two papers. Differences between criminology and criminal justice are delineated by emphasizing formal definitions of the field(s), occupational roles, contemporary educational trends, and future development. According to John P. Conrad, criminology is the…

  18. Learning Disabilities and Criminal Justice: Custody Sergeants' Perceptions of Alleged Offenders with Learning Disabilities

    Science.gov (United States)

    Hellenbach, Michael

    2012-01-01

    Recent research demonstrates that despite increased attention and awareness by politicians and decision-makers, people with learning disabilities are still disadvantaged when engaging with the criminal justice system. It has been argued that shortcomings in providing support are because of criminal justice professionals lacking necessary skills…

  19. Two Views of Criminology and Criminal Justice: Definitions, Trends, and the Future.

    Science.gov (United States)

    Conrad, John P.; Myren, Richard A.

    The question of whether criminology and criminal justice are distinct fields is addressed in two papers. Differences between criminology and criminal justice are delineated by emphasizing formal definitions of the field(s), occupational roles, contemporary educational trends, and future development. According to John P. Conrad, criminology is the…

  20. Treatment of Persons with Mental Illness in the Criminal Justice System: A Literature Review

    Science.gov (United States)

    Brandt, Anna L. S.

    2012-01-01

    The number of mentally ill inmates in the criminal justice system has increased dramatically. This article evaluates the prevalence and causes of mental illness in the criminal justice system and describes the inadequate care that is provided, the effects of imprisonment, and the problem of rehabilitation. (Contains 4 notes.)

  1. Criminal Justice Majors' Basic Knowledge of U.S. Constitutional Rights and Pedagogical Implications

    Science.gov (United States)

    Heuer, Janet; Coggins, Porter E.

    2017-01-01

    Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

  2. 76 FR 78950 - FBI Criminal Justice Information Services Division; Revised User Fee Schedule

    Science.gov (United States)

    2011-12-20

    ... Federal Bureau of Investigation FBI Criminal Justice Information Services Division; Revised User Fee... Section, Criminal Justice Information Services Division, FBI, 1000 Custer Hollow Road, Module E-3... Information Act, 5 United States Code (U.S.C.) 9101, as explained at 73 FR 34908. The following tables...

  3. Youth justice and health: An argument against proposed changes to the Youth Criminal Justice Act

    OpenAIRE

    Elliott, April S; Katzman, Debra K.

    2011-01-01

    The Canadian Paediatric Society is deeply concerned about the negative effects on the developmental, psychological and emotional health of young offenders if the Youth Criminal Justice Act is amended as proposed. Changing Canada’s youth crime law to achieve stiffer sentences for youth 14 years of age and older who are convicted of serious violent offences is contrary to the United Nations Convention on the Rights of the Child. Treating adolescents as adults puts them at serious health and hum...

  4. Does race really matter? Career goals, perceptions of criminal justice practitioners and competence among criminal justice undergraduates

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    Youngyol Y. Schanz

    2013-06-01

    Full Text Available This study examines whether race or ethnicity affects student decision-making pertaining to career goals and choices. The career goals and choices of undergraduates in criminal justice (CJ were surveyed in early spring of 2006. The research also investigates students’ perceptions of their own perceived competence as future CJ practitioners. Data were collected from CJ undergraduates from an urban university in the upper Midwestern part of the U.S. The results indicate that racial or ethnic minority students have significantly different career goals and choices than those of non-minority students. Some future research implications and policy implications are discussed.

  5. Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

    OpenAIRE

    Nouwen, Sarah M. H.; Werner, Wouter G.

    2014-01-01

    This is the accepted manuscript. The final version is available from OUP at http://jicj.oxfordjournals.org/content/early/2014/12/17/jicj.mqu078.full. Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation wi...

  6. New solutions in the juvenile criminal law in the light of the restorative justice

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    Jovašević Dragan

    2007-01-01

    Full Text Available New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

  7. Racial and ethnic differences in reported criminal justice referral at treatment admission.

    Science.gov (United States)

    Arfken, Cynthia L; Said, Manal; Owens, Darlene

    2012-01-01

    In the U.S. and elsewhere, the criminal justice system is a frequent referral source for substance abuse treatment admission. To expand and improve pathways to treatment, outreach efforts need additional information about different demographic groups. Locally, clinicians observed racial and ethnic differences between minority groups in self-identifying criminal justice as the referral sources for admission. To test this clinical observation, reported criminal justice referral was examined by race/ethnicity and gender in multiple years of both national and local treatment admissions. Confirming the clinical observations, racial/ethnic referral source by gender systematically differed across years nationally (p < .001) and in an examination of verbatim recorded presenting problems locally (p < .001). African Americans and Puerto Ricans were less likely to have criminal justice referral sources than the White reference group, whereas American Indians, Arab Americans, Asian Americans, and other Hispanic ethnicities were more likely to have criminal justice referral sources. Racial/ethnic groups systematically differed in reported criminal justice involvement, suggesting hypotheses potentially impacting clinical treatment and outreach. Published primary referral sources may underestimate criminal justice involvement in treatment admissions.

  8. The Future for Social Work in Juvenile and Adult Criminal Justice

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    Rosemary C. Sarri

    2005-05-01

    Full Text Available Critical contemporary issues in juvenile and adult criminal justice are identified followed by an examination of particular issues for social workers, including the increase in incarceration, the over representation of people of color, and the numerous negative effects on children. The various roles for social workers in the criminal justice systems are presented and discussed. The paper also addresses the decline of social work professionals in the criminal justice systems and why it is imperative that the pattern be reversed now that there is growing interest in the rehabilitation and reintegration of offenders.

  9. The experiences of homicide victims' families with the criminal justice system: an exploratory study.

    Science.gov (United States)

    Englebrecht, Christine; Mason, Derek T; Adams, Margaret J

    2014-01-01

    Although the crime of homicide has received significant attention from scholars, little research exists that examines the impact of homicide on surviving family members. Because opportunities for victims and family members of victims to participate in the criminal justice system are increasing, it is important to understand the impact of these forms of participation on those who choose to participate. This study uses data from focus groups to examine the experiences of homicide survivors within the criminal justice system, including views about how system involvement and specific outcomes (i.e., sentencing) may help or hinder healing. Findings suggest that many families leave the criminal justice system feeling marginalized and revictimized. This study calls into question the current criminal justice system's ability to meet the needs of crime victim and their families.

  10. Understanding Death Penalty Support and Opposition Among Criminal Justice and Law Enforcement Students

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    Raj Sethuraju

    2016-01-01

    Full Text Available Although a sizable number of studies have gathered information from college students regarding their varying degrees of support for capital punishment, few have explored the underlying rationales behind these students’ death penalty support or opposition. In addition, although criminal justice majors have frequently been used as study participants, little research has sought to explore if law enforcement majors are different in manners for supporting or opposing capital punishment than other criminal justice majors. In the current study, a survey designed to measure reasons for support or opposition to capital punishment was administered to a convenience sample of 135 criminal justice and law enforcement majors at a mid-size Midwestern university. The results indicated that law enforcement majors were not significantly different from criminal justice majors on measures of support or opposition to capital punishment. There were, however, some notable differences found related to the academic standing of the students.

  11. Victims and the criminal justice system in India: Need for a paradigm shift in the justice system

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    Srinivasan Murugesan

    2007-01-01

    Full Text Available Until 1970s the victims of crime were a forgotten entity in the criminal justice system. The attitude began to change as the discipline of victimology came into its own. The past few decades have witnessed a revolution in the way society deals with victims of crime. Many countries have now recognized the need to provide services to victims to help them recover from the effects of crime and assist them in their dealings with the criminal justice system. But in India, there has not been any significant improvement in the position of victims in the criminal justice system. The present paper has attempted to examine the position of victims of crime in India and the criminal justice system. The paper also emphasizes the need to provide assistance to crime victims. The authors of the present paper have also suggested some of the immediate steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system. .

  12. Involvement in the US criminal justice system and cost implications for persons treated for schizophrenia

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    Faries Douglas E

    2010-01-01

    Full Text Available Abstract Background Individuals with schizophrenia may have a higher risk of encounters with the criminal justice system than the general population, but there are limited data on such encounters and their attendant costs. This study assessed the prevalence of encounters with the criminal justice system, encounter types, and the estimated cost attributable to these encounters in the one-year treatment of persons with schizophrenia. Methods This post-hoc analysis used data from a prospective one-year cost-effectiveness study of persons treated with antipsychotics for schizophrenia and related disorders in the United States. Criminal justice system involvement was assessed using the Schizophrenia Patients Outcome Research Team (PORT client survey and the victimization subscale of the Lehman Quality of Life Interview (QOLI. Direct cost of criminal justice system involvement was estimated using previously reported costs per type of encounter. Patients with and without involvement were compared on baseline characteristics and direct annual health care and criminal justice system-related costs. Results Overall, 278 (46% of 609 participants reported at least 1 criminal justice system encounter. They were more likely to be substance users and less adherent to antipsychotics compared to participants without involvement. The 2 most prevalent types of encounters were being a victim of a crime (67% and being on parole or probation (26%. The mean annual per-patient cost of involvement was $1,429, translating to 6% of total annual direct health care costs for those with involvement (11% when excluding crime victims. Conclusions Criminal justice system involvement appears to be prevalent and costly for persons treated for schizophrenia in the United States. Findings highlight the need to better understand the interface between the mental health and the criminal justice systems and the related costs, in personal, societal, and economic terms.

  13. "Coming Out" of Prison: An Exploratory Study of LGBT Elders in the Criminal Justice System.

    Science.gov (United States)

    Maschi, Tina; Rees, Jo; Klein, Eileen

    2016-09-01

    This two-phase qualitative study explores the experiences of 10 formerly incarcerated LGBT elders' experiences prior to, during, and after release from prison. A core theme of self and the social mirror emerged from the data that represented LGBT elders ongoing coming-out process of unearthing their "true selves" despite managing multiple stigmatized identities or social locations, such as being LGBT, elderly, HIV positive, formerly incarcerated, and a racial/ethnic minority. These findings further our awareness of an overlooked population of LGBT who are older and involved in the criminal justice system. Recommendations that incorporate suggestions from formerly incarcerated LGBT elders for services and policy reform are presented.

  14. Victim Satisfaction With the Criminal Justice System and Emotional Recovery: A Systematic and Critical Review of the Literature.

    Science.gov (United States)

    Kunst, Maarten; Popelier, Lieke; Varekamp, Ellen

    2015-07-01

    The current study systematically and critically reviewed the empirical literature to evaluate the association between satisfaction with the criminal justice system and adult crime victims' emotional recovery. Despite the widely accepted notion that involvement in the criminal justice system may impact recovery from crime victimization--either beneficially or maliciously--a systematic review of empirical studies that addresses this topic has never been conducted. Electronic literature databases (ISI Web of Knowledge [including Web of Science and MEDLINE], EBSCO host [including PsychInfo, CINAHL, Criminal Justice Abstracts, ERIC, PsychARTICLES, and Psychology and Behavioral Sciences Collection], and ProQuest [including PILOTS, Social Services Abstracts, and Sociological Abstracts]) were searched to identify relevant quantitative studies. The Cambridge Quality Checklists were used to evaluate the quality of selected studies. These checklists can be used to assess the quality of risk and protective factors in criminal justice research. In this study they were used to explore the impact of victim satisfaction on crime victims' emotional and cognitive states post-victimization. The review process revealed mixed results, with some studies suggesting a healing impact of victim satisfaction and others not. More consistent were findings regarding the existence of an association between victim satisfaction and (alterations in) positive cognitions. However, since the majority of studies suffered from severe methodological shortcomings, definite conclusions cannot be drawn yet. © The Author(s) 2014.

  15. Commercializing Success: The Impact of Popular Media on the Career Decisions and Perceptual Accuracy of Criminal Justice Students

    Science.gov (United States)

    Barthe, Emmanuel P.; Leone, Matthew C.; Lateano, Thomas A.

    2013-01-01

    Interest in the field of criminal justice continues to grow and attract students to this area of higher education. These students typically represent society in that their beliefs about the justice system are based on media depictions, not education or experience. This study surveyed Introduction to Criminal Justice students from two universities,…

  16. A Reciprocal Turn in Criminal Justice? Shifting Conceptions of Legitimate Authority

    NARCIS (Netherlands)

    Jong, F. de

    2013-01-01

    The past decade has seen the rise of a fierce, ongoing controversy concerning the authority of criminal courts and the legitimacy of the criminal justice system as such. This article aims to provide some much needed conceptual clarity regarding the primal subjects under discussion: To what do we act

  17. Criminal Justice System Involvement and Continuity of Youth Crime: A Longitudinal Analysis

    Science.gov (United States)

    Johnson, Lee Michael; Simons, Ronald L.; Conger, Rand D.

    2004-01-01

    Studies of criminal careers reveal several possible factors associated with persistent offending. This analysis examines the part that criminal justice system involvement plays in persistent offending. Seven waves of data collected on 153 boys as part of the Iowa Youth and Families Project were used to test a structural equation model…

  18. A Reciprocal Turn in Criminal Justice? Shifting Conceptions of Legitimate Authority

    NARCIS (Netherlands)

    Jong, F. de

    2013-01-01

    The past decade has seen the rise of a fierce, ongoing controversy concerning the authority of criminal courts and the legitimacy of the criminal justice system as such. This article aims to provide some much needed conceptual clarity regarding the primal subjects under discussion: To what do we

  19. THE MANIFESTO ON EUROPEAN CRIMINAL PROCEDURE LAW – FOUNDATION FOR CREATING A COMMON SPACE OF EUROPEAN CRIMINAL JUSTICE

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    Rodica PANAINTE

    2015-09-01

    Full Text Available In this article, we propose to analyze the content of the Manifesto on European Criminal Procedure Law of 2013, and how this document can represent a foundation for the legal cooperation of the European states, and also for creating a unique, common space of European criminal justice. Elaborated by the European Criminal Policy Initiative and launched on November 2013, the Manifesto on European Criminal Procedure Law contains the principles and the rules that should be followed by the European penal legislator when gives shape to the laws in the field of Criminal Procedure. This document represents a natural following of the first Manifesto, in the field of substantive criminal law of 2009. The Manifesto concerns mainly the rules and the principles of criminal procedure because, as its authors affirm, this kind of rules have increasingly been shaped lately in European regulations, and also because the regulations in this field must reflect and respect the highest standards of the rule of law, as they must continuously and without exception guarantee the fundamental rights. In this study, we propose to focus upon the legal solutions found out by the authors of the Manifesto in order to attain, during the criminal proceedings, an equilibrium between the interest of the state and even of the Union to realize an effective criminal proceedings, and the individual human rights that are affected, and also an equilibrium between the actual legal order and the traditions of the member states.

  20. "People's Trials" in Communist China: An Informal Approach to Criminal Justice.

    Science.gov (United States)

    Tiene, Drew

    1983-01-01

    Describes the contemporary Chinese justice system highlighting the elements of "western" justice it embodies. Presents lesson plans, complete with objectives, procedures, and all required materials, for illustrating the system with two recent Chinese criminal cases which were heard in "people's courts." (JDH)

  1. Challenging International Justice: The Initial Years of the International Criminal Court’s Intervention in Uganda

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    Lucy Hovil

    2013-03-01

    Full Text Available This practice note describes and critiques the initial years of the International Criminal Court’s (ICC involvement in Uganda from the perspective of local civil society actors. It argues that the substance and process of the ICC’s intervention fell chronically short of generating justice for those who had lived with the conflict for over two decades, and therefore created a disconnect between the priorities of those on the ground, and the priorities of the Court and its international minders. In order to unravel some of the dynamics that underpinned this disconnect, the paper asserts that the pivotal relationship between citizen and state provides a lens through which to assess any approach to generating justice in Uganda. It concludes that those promoting international justice need to be more cognisant of the fact that international justice mechanisms are obsolete unless they can move from theory to practice and make a genuine difference in people’s lives. In this regard, a better understanding and awareness of the political and social context in which they are operating, as well as greater self-critique and honesty, is critical.

  2. Experiential Social Justice Judgment Processes

    NARCIS (Netherlands)

    Maas, M.

    2008-01-01

    Social justice can be thought of as an idea that exists within the minds of individuals and that concerns issues like what is right and wrong, what ought to be or not to be, and what is fair or unfair. This subjective quality of the justice judgment process makes it rather unpredictable how people w

  3. Watching the detectives: crime programming, fear of crime, and attitudes about the criminal justice system.

    Science.gov (United States)

    Kort-Butler, Lisa A; Sittner Hartshorn, Kelley J

    2011-01-01

    Research demonstrates a complex relationship between television viewing and fear of crime. Social critics assert that media depictions perpetuate the dominant cultural ideology about crime and criminal justice. This article examines whether program type differentially affects fear of crime and perceptions of the crime rate. Next, it tests whether such programming differentially affects viewers' attitudes about the criminal justice system, and if these relationships are mediated by fear. Results indicated that fear mediated the relationship between viewing nonfictional shows and lack of support for the justice system. Viewing crime dramas predicted support for the death penalty, but this relationship was not mediated by fear. News viewership was unrelated to either fear or attitudes. The results support the idea that program type matters when it comes to understanding people's fear of crime and their attitudes about criminal justice.

  4. Social and psychological aspects of criminal juvenile justice in the world practice (Anglo-Saxon model of juvenile justice

    Directory of Open Access Journals (Sweden)

    D.S. Oshevsky

    2013-10-01

    Full Text Available The article is the final part of the review of existing foreign models of juvenile criminal justice system. We analyze the principles of juvenile justice in the criminal trial: protective orientation, personalization and social richness of the trial, the emphasis on educational influences. We present the foreign experience of incorporating social, psychological and clinical special knowledge into specialized justice concerning juvenile offenders. We analyze modern trends in the development of juvenile justice in the United States and Canada. We present material related to methods of risk assessment of re-offending among adolescents. We highlight approaches to complex long-term follow-up of juvenile offenders in Anglo-Saxon juvenile justice. We describe some aspects of the probation service using the method of case management. In the context of the accepted “National Strategy for Action for the Benefit of Children for 2012-2017”, the prospects for the development of specialized criminal justice for young offenders in the Russian Federation are discussed

  5. Youth justice and health: An argument against proposed changes to the Youth Criminal Justice Act.

    Science.gov (United States)

    Elliott, April S; Katzman, Debra K

    2011-08-01

    The Canadian Paediatric Society is deeply concerned about the negative effects on the developmental, psychological and emotional health of young offenders if the Youth Criminal Justice Act is amended as proposed. Changing Canada's youth crime law to achieve stiffer sentences for youth 14 years of age and older who are convicted of serious violent offences is contrary to the United Nations Convention on the Rights of the Child. Treating adolescents as adults puts them at serious health and human rights risks - including trauma, violence and abuse - and interferes with their overall development. Furthermore, rates of mental illness are higher among youth in custody. Youth should only serve their sentence in a facility that is exclusively limited to youth, and considers the rights of youth as well as their mental, physical, developmental and educational needs.

  6. The Scope of Practice of Occupational Therapy in U.S. Criminal Justice Settings.

    Science.gov (United States)

    Muñoz, Jaime P; Moreton, Emily M; Sitterly, Audra M

    2016-09-01

    In the past 40 years, prison populations in the U.S. have nearly quadrupled while funding for rehabilitation, education and other programmes has been cut. Despite accounting for a small fraction of the world's population more than 20% of the worlds incarcerated population is in the U.S. and the rate of recidivism remains alarmingly high. Occupational therapists have the capability to play a significant role in addressing the needs of persons within the criminal justice system. However, the profession has been slow to delineate of the role occupational therapy within criminal justice settings. This study sought to provide a descriptive analysis of current occupational therapy roles and practices within the U.S. criminal justice system. Using survey research methods, the researchers collected data from respondents (N = 45; Response Rate + 51.7%) to establish a baseline of the scope of practices employed by occupational therapists working in the U.S. criminal justice system. U.S. practitioners work within institutional and community based criminal justice settings. Primary practice models, assessments and group interventions were catalogued. Respondents strongly valued the creation of networking to build the professions' presence within criminal justice settings. Occupational therapy in the criminal justice system remains an emerging practice arena. Understanding the current scope of practice in the U.S. and creating a mechanism for collaboration may help increase the depth, breadth and overall growth of the profession's role in these settings. The sampling method does not guarantee a representative sample of the population and is limited to practice within the United States. Survey design may not have allowed for respondents to fully describe their practice experiences. Copyright © 2016 John Wiley & Sons, Ltd.

  7. Information sharing between the National Health Service and criminal justice system in the United Kingdom.

    Science.gov (United States)

    Lennox, Charlotte; Mason, Julie; McDonnell, Sharon; Shaw, Jenny; Senior, Jane

    2012-09-01

    Offenders with mental health problems often have complex and interrelated needs which separately challenge the criminal justice system (CJS) and National Health Service (NHS) in the United Kingdom (U.K.). Consequently, interagency collaboration and timely information sharing are essential. This study focused on the sharing of information about people with mental health problems in contact with the CJS. Questionnaires were distributed to a range of health and criminal justice personnel. The results showed that there was a mismatch between what service user information criminal justice agencies felt they needed and what was routinely received. Prison Service staff received more information (between 15% and 37%) from health agencies than the police (between 6% and 22%). Health professionals received most of the information they needed from criminal justice agencies (between 55% and 85%). Sharing service user information was impeded by incompatible computer systems and restrictions due to data protection/confidentiality requirements. In the U.K., recent governmental publications have highlighted the importance of information sharing; however there remains a clear mismatch between what health related information about service users criminal justice agencies need, and what is actually received. Better guidance is required to encourage and empower people to share.

  8. Growing up with adversity: From juvenile justice involvement to criminal persistence and psychosocial problems in young adulthood.

    Science.gov (United States)

    Basto-Pereira, Miguel; Miranda, Ana; Ribeiro, Sofia; Maia, Ângela

    2016-12-01

    Several studies have been carried out to investigate the effect of child maltreatment on juvenile justice involvement and future criminal life. However, little is known about the impact of other forms of adversity, beyond abuse and neglect, on juvenile delinquency and criminal persistence. The effect of early adversity on psychosocial problems is underexplored, particularly in juvenile delinquents. This study, using the Childhood Adverse Experiences (ACE) questionnaire, a tool accessing the exposure to different types of abuse, neglect and serious household dysfunction, explored the role of each adverse experience on juvenile justice involvement, persistence in crime and psychosocial problems during young adulthood. A Portuguese sample of 75 young adults with official records of juvenile delinquency in 2010/2011, and 240 young adults from a community sample completed ACE questionnaire and measures of psychosocial adjustment. Seven out of ten adverse experiences were significantly more prevalent in young adults with juvenile justice involvement than in the community sample, after matching the main demographic variables. The strongest predictor of juvenile justice involvement and criminal persistence during early adulthood was sexual abuse. Dimensions of child/adolescent emotional maltreatment and a mental illness in the household predicted a set of psychosocial problems in young adulthood. This study indicates that early adversity is significantly related to juvenile justice involvement, criminal persistence and psychosocial problems. This study also suggests that each experience has a different role in this process. There is an urgent need to screen, prevent and stop serious adversity. Future scientific directions and recommendations for policies are provided. Copyright © 2016 Elsevier Ltd. All rights reserved.

  9. Confidence in the Criminal Justice System: Does experience count?

    NARCIS (Netherlands)

    S.G.J. Van de Walle (Steven)

    2009-01-01

    textabstractPublic confidence in the justice system is relatively low compared to that in many other institutions. Part of this lack of confidence has been attributed to a low public understanding of how the justice system really works. Experience with the justice system is often identified as a way

  10. Confidence in the Criminal Justice System: Does experience count?

    NARCIS (Netherlands)

    S.G.J. Van de Walle (Steven)

    2009-01-01

    textabstractPublic confidence in the justice system is relatively low compared to that in many other institutions. Part of this lack of confidence has been attributed to a low public understanding of how the justice system really works. Experience with the justice system is often identified as a way

  11. The ICC at the centre ofan international criminal justice system: current challenges

    Directory of Open Access Journals (Sweden)

    Teles, Patrícia Galvão

    2017-05-01

    Full Text Available The International Criminal Court (ICC has entered into its second decade of operations and has established itself at the centre of an international criminal justice system, comprising also domestic jurisdictions and other international courts and tribunals. However, many challenges continue to face the ICC and, indeed, such challenges are part of its own features and stem from the specificities of international law and relations. In this article, we shall discuss, in light of recent events, four of such challenges: 1 Universality; 2 Complementarity; 3 Cooperation; and 4 the Crime of Aggression. These challenges illustrate how the ICC and international criminal justice inhabit both the cultures of justice and politics and how these two aspects have to be taken into account in order for such challenges to be overcome, so that the mission of a permanent and central instrument for the fight against impunity, that historically started in Rome in 1998, becomes an inherent part of today’s world.

  12. Being (almost invisible: Victims of crime in the Italian juvenile criminal justice system

    Directory of Open Access Journals (Sweden)

    Vezzadini Susanna

    2014-01-01

    Full Text Available From 2008 to 2013 the author has been a Special Judge in the Juvenile Criminal Court of the Emilia Romagna Region. From that privileged perspective, it was possible to observe the dynamics of how victims of underage offenders were considered before the law, no differences if they are adults or minors, too. The reflections presented will first consider EU and UN provision on victims of crime; then, the normative framework supporting the Italian criminal juvenile justice system will be considered by an examining of the difficulties victims meet in that peculiar context. The implementation of juvenile criminal law shows the paradox victims of crime have to cope with. The Juvenile Criminal Court in Bologna recently started to promote a wide use of restorative justice measures as an attempt to correct the unfair consequences in the application of law, with judicial discretion interpreted as an instrument to favour victims’ harm recognition and to protect their dignity as persons.

  13. Manpower and Education for Criminal Justice in Florida: Assessment and Projected Needs of the System. Final Report.

    Science.gov (United States)

    State Univ. System of Florida, Tallahassee.

    This document provides an overview of manpower and needs for criminal justice education in Florida. Following introductory material, Part II presents the current status of criminal justice manpower in the state in terms of quantity, type and educational attainment. This section profiles the personnel of the three major systems--police services,…

  14. Profiles of criminal-justice clients in drug treatment: implications for intervention.

    Science.gov (United States)

    Kline, A

    1997-01-01

    Psychosocial differences between criminal-justice-referred and voluntary clients, using a sample of 996 men and women in residential drug treatment in northern New Jersey, were explored. Results suggest differences in demographic characteristics between the two groups as well as differences in attitudes and behaviors likely to impact on treatment outcome. Demographically, criminal-justice clients are younger, more likely to be male, and less likely to be Black than other clients. They also report better health status and better social and psychological adjustment, reporting less homelessness, fewer health problems, lower levels of psychological distress, better family adjustment, and fewer medical, social, and drug problems requiring intervention. Implications for treatment are discussed.

  15. The National Criminal Justice Treatment Practices survey: Multilevel survey methods and procedures⋆

    OpenAIRE

    Taxman, Faye S.; Young, Douglas W.; Wiersema, Brian; Rhodes, Anne; Mitchell, Suzanne

    2007-01-01

    The National Criminal Justice Treatment Practices (NCJTP) survey provides a comprehensive inquiry into the nature of programs and services provided to adult and juvenile offenders involved in the justice system in the United States. The multilevel survey design covers topics such as the mission and goals of correctional and treatment programs; organizational climate and culture for providing services; organizational capacity and needs; opinions of administrators and staff regarding rehabilita...

  16. Now We Know: Assessing Sexual Assault Criminal Justice Case Processing in an Urban Community Using the Sexual Assault Nurse Practitioner Evaluation Toolkit.

    Science.gov (United States)

    Valentine, Julie L; Shaw, Jessica; Lark, Alyssa; Campbell, Rebecca

    2016-01-01

    Campbell and colleagues developed an evaluation Toolkit for use by sexual assault nurse examiners (SANEs) to assess criminal case outcomes in adult sexual assault cases seen by SANE programs (Campbell, Townsend, Shaw, Karim, & Markowitz, 2014; Campbell, Bybee, et al., 2014). The Toolkit provides step-by-step directions and an easy-to-use statistical program. This study describes implementation of the Toolkit in Salt Lake County, the first site outside the pilot sites to utilize the program. The Toolkit revealed that, in Salt Lake County from 2003 to 2011, only 6% of adult sexual assault cases were successfully prosecuted. These findings prompted multiple community discussions, media attention, and a call to action to improve the investigation and prosecution of adult sexual assault cases. The primary purpose of this case report is to encourage other SANE teams and communities to use the Toolkit by sharing the successful experience of Salt Lake County in implementing the Toolkit.Video Abstract available for additional insights from Dr. Valentine (see Supplemental Digital Content 1, http://links.lww.com/JFN/A19).

  17. Memory Interventions in the Criminal Justice System: Some Practical Ethical Considerations.

    Science.gov (United States)

    Cabrera, Laura Y; Elger, Bernice S

    2016-03-01

    In recent years, discussion around memory modification interventions has gained attention. However, discussion around the use of memory interventions in the criminal justice system has been mostly absent. In this paper we start by highlighting the importance memory has for human well-being and personal identity, as well as its role within the criminal forensic setting; in particular, for claiming and accepting legal responsibility, for moral learning, and for retribution. We provide examples of memory interventions that are currently available for medical purposes, but that in the future could be used in the forensic setting to modify criminal offenders' memories. In this section we contrast the cases of (1) dampening and (2) enhancing memories of criminal offenders. We then present from a pragmatic approach some pressing ethical issues associated with these types of memory interventions. The paper ends up highlighting how these pragmatic considerations can help establish ethically justified criteria regarding the possibility of interventions aimed at modifying criminal offenders' memories.

  18. HIV prevention for adults with criminal justice involvement: a systematic review of HIV risk-reduction interventions in incarceration and community settings.

    Science.gov (United States)

    Underhill, Kristen; Dumont, Dora; Operario, Don

    2014-11-01

    We summarized and appraised evidence regarding HIV prevention interventions for adults with criminal justice involvement. We included randomized and quasi-randomized controlled trials that evaluated an HIV prevention intervention, enrolled participants with histories of criminal justice involvement, and reported biological or behavioral outcomes. We used Cochrane methods to screen 32,271 citations from 16 databases and gray literature. We included 37 trials enrolling n = 12,629 participants. Interventions were 27 psychosocial, 7 opioid substitution therapy, and 3 HIV-testing programs. Eleven programs significantly reduced sexual risk taking, 4 reduced injection drug risks, and 4 increased testing. Numerous interventions may reduce HIV-related risks among adults with criminal justice involvement. Future research should consider process evaluations, programs involving partners or families, and interventions integrating biomedical, psychosocial, and structural approaches.

  19. The relationship of victim injury to the progression of sexual crimes through the criminal justice system.

    LENUS (Irish Health Repository)

    Kennedy, Kieran M

    2012-08-01

    A number of factors are known to influence the progression of sexual crimes through the criminal justice system. The role of victim injury in influencing decision-making at pivotal stages has been addressed by a number of separate research projects. This article consolidates existing research evidence in order to highlight the important role that victim injury plays at each step of the legal process. The importance of accurate diagnosis and recording of victim injury is highlighted. Furthermore, by describing the significant impact that the presence of victim injury can have on the legal outcome, the importance of ensuring that cases without victim injury are correctly interpreted by the police, legal professionals, judiciary and the jury is heavily emphasised.

  20. IS COMMUNITY JUSTICE A VIABLE ALTERNATIVE TO CRIMINAL JUSTICE AND DOES IT CONTRIBUTE TO THE LOCAL BUSINESS ECONOMY?

    OpenAIRE

    Victor Lewis; Maryam Davodi-Far

    2008-01-01

    Local communities are suffering extreme financial and economic hardships due to falling revenues and increased expenditures and therefore must seek alternate means to balance their budgets. A very large expenditure that must be borne by every community is the administration of the Criminal Justice System. As a result, many communities are trying to develop a more proactive approach to fighting crime by undertaking new and innovative approaches to solving their worsening crime problems and at ...

  1. The Criminal Justice Doctorate: A Study of Doctoral Programs in the United States.

    Science.gov (United States)

    Felkenes, George T.

    Graduates of six institutions were surveyed in an effort to develop a profile of doctoral graduates from institutions that have traditionally offered doctoral programs oriented specifically toward the field of criminal justice. A second research objective was to develop an understanding of the attitudes, frustrations, and utilization patterns of…

  2. Specious Rights: Myth vs. Reality in the American Criminal Justice System

    Science.gov (United States)

    Reinhardt, William R.

    2010-01-01

    Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

  3. A Comparative Analysis of Service Learning in Social Work and Criminal Justice Education

    Science.gov (United States)

    Madden, Elissa E.; Davis, Jaya; Cronley, Courtney

    2014-01-01

    The current study sought input from a national sample of social work (SW) and criminal justice (CJ) educators ("N" = 276) to explore characteristics of those who use service learning in the two disciplines, differences in the conceptions of and beliefs about service learning, and distinctions in how it is used and implemented. This study…

  4. A Systematic Review of People with Autism Spectrum Disorder and the Criminal Justice System

    Science.gov (United States)

    King, Claire; Murphy, Glynis H.

    2014-01-01

    This paper provides a systemic review of the available literature on people with autism spectrum disorder (ASD) in the criminal justice system (CJS). The review considers two main types of study: those that examined the prevalence of people with ASD in the CJS and those that examined the prevalence of offending in populations with ASD. In…

  5. The Literature of Higher Education in Criminology and Criminal Justice: An Annotated Bibliography.

    Science.gov (United States)

    Johnson, Carolyn

    Included in this bibliography of about 500 items on criminology/criminal justice higher education is information on programs, services, and the issues that must be considered in the quest for quality education. Journal articles, essays, books, chapters, government publications, catalogs and conference proceedings from the 1950s, 1960s and 1970s…

  6. Crime and Control: Syllabi and Instructional Materials for Criminology and Criminal Justice. Resource Materials for Teaching.

    Science.gov (United States)

    Deutschmann, Linda B., Ed.; Wright, Richard A., Ed.

    One of a series of resources for teaching sociology at the postsecondary level, this volume contains syllabi and instructional materials for courses in criminology and criminal justice. Material is divided into four sections. Section 1, innovative approaches to the teaching of criminology, contains four papers which discuss a corrections practicum…

  7. Academic Disciplines and Debates: An Essay on Criminal Justice and Criminology as Professions in Higher Education.

    Science.gov (United States)

    Morn, Frank T.

    Current developments concerning criminology and criminal justice education are viewed historically and placed within a broader perspective of academic professionalization, and a few of the debates going on within and between the two fields are considered. Some early sociologists made considerable claim to studies of crime, and criminology and…

  8. Applying Threshold Concepts Theory to an Unsettled Field: An Exploratory Study in Criminal Justice Education

    Science.gov (United States)

    Wimshurst, Kerry

    2011-01-01

    Criminal justice education is a relatively new program in higher education in many countries, and its curriculum and parameters remain unsettled. An exploratory study investigated whether threshold concepts theory provided a useful lens by which to explore student understandings of this multidisciplinary field. Eight high-performing final-year…

  9. Tech-Prep: The School-to-Work Connection in Criminal Justice.

    Science.gov (United States)

    Striegel, David; Gray, Michael

    2000-01-01

    Suggests that community colleges should focus more on academics than on technical skills when preparing students to enter the criminal justice system. Asserts that the technical skills needed by workers in law enforcement can be acquired in the police academy, while crucial critical thinking and writing skills are better taught in the college…

  10. An Evaluation of a Service-Learning Model for Criminal Justice Undergraduate Students

    Science.gov (United States)

    Hirschinger-Blank, Nancy Beth; Simons, Lori; Kenyon, Alexandra

    2009-01-01

    A triangulation mixed-methods design was used to measure differences in service-learning outcomes for 32 students enrolled in criminal justice courses during the academic years 2003 (n = 16) and 2005 (n = 16). Results show that service-learners increase their political awareness and course value but experience a decrease in problem-solving skills…

  11. Variables Associated with Repeated Suicide Attempt in a Criminal Justice Population

    Science.gov (United States)

    Hakansson, Anders; Bradvik, Louise; Schlyter, Frans; Berglund, Mats

    2011-01-01

    The aim of this study was to identify factors associated with repeated suicide attempts among criminal justice clients examined for substance abuse using the Addiction Severity Index. Among suicide attempters (n = 1,404), repeaters (two or more attempts, n = 770) were compared to nonrepeaters. In logistic regression, repetition was associated with…

  12. Crime and Control: Syllabi and Instructional Materials for Criminology and Criminal Justice. Resource Materials for Teaching.

    Science.gov (United States)

    Deutschmann, Linda B., Ed.; Wright, Richard A., Ed.

    One of a series of resources for teaching sociology at the postsecondary level, this volume contains syllabi and instructional materials for courses in criminology and criminal justice. Material is divided into four sections. Section 1, innovative approaches to the teaching of criminology, contains four papers which discuss a corrections practicum…

  13. Applying Threshold Concepts Theory to an Unsettled Field: An Exploratory Study in Criminal Justice Education

    Science.gov (United States)

    Wimshurst, Kerry

    2011-01-01

    Criminal justice education is a relatively new program in higher education in many countries, and its curriculum and parameters remain unsettled. An exploratory study investigated whether threshold concepts theory provided a useful lens by which to explore student understandings of this multidisciplinary field. Eight high-performing final-year…

  14. Academic Disciplines and Debates: An Essay on Criminal Justice and Criminology as Professions in Higher Education.

    Science.gov (United States)

    Morn, Frank T.

    Current developments concerning criminology and criminal justice education are viewed historically and placed within a broader perspective of academic professionalization, and a few of the debates going on within and between the two fields are considered. Some early sociologists made considerable claim to studies of crime, and criminology and…

  15. National Institute of Law Enforcement and Criminal Justice. Program Plan. Fiscal Year, 1978.

    Science.gov (United States)

    National Inst. of Law Enforcement and Criminal Justice (Dept. of Justice/LEAA), Washington, DC.

    This program plan is offered as a guide to potential grantees and contractors. It outlines the National Institute of Law Enforcement and Criminal Justice's priorities for research in fiscal year (FY) 1978 and beyond and spells out other Institute programs and projects to be carried out during the fiscal year. The guide is offered as a first step…

  16. Psychology and the criminal justice system: A reply to Haney and Zimbardo

    OpenAIRE

    Lykken, David T.

    1999-01-01

    A reply to Haney & Zimbardo's recent article in the American Psychologist in which they claim that America's crime problem would be largely solved if the criminal justice system had only taken heed of the lessons learned decades ago in the Stanford Prison Project.

  17. Children's perspectives on crime and the criminal justice system: main findings

    CSIR Research Space (South Africa)

    Badenhorst, C

    2008-01-01

    Full Text Available that they have not. Seventy-nine percent (79%) of the children who participated in this pilot study clearly stated a need for training with regard to the criminal justice system (policing, the court proceedings, and the prison system). The rationale for training...

  18. Abused Women's Perspectives on the Criminal Justice System's Response to Domestic Violence

    Science.gov (United States)

    Barata, Paula C.

    2007-01-01

    This study used Q methodology to better understand battered women's views about the criminal justice system (CJS). Fifty-eight abused and formerly abused women, representing a broad range of experiences, were involved in the study. Participants sorted 72 statements about domestic violence and the CJS according to how strongly they agreed with each…

  19. Social Theory and the significance of free will in our system of criminal justice

    NARCIS (Netherlands)

    Schwitters, R.

    2016-01-01

    Free will is a key assumption of our system of criminal justice. However, the assumption of a free will is questioned by the rapidly growing empirical findings of the neuro and the brain sciences. These indicate that human behavior is driven by subconscious forces beyond the free will. In this text

  20. RESTORATIVE JUSTICE AND MODERN PENAL RATIONALITY: a real innovation in criminal matters?

    Directory of Open Access Journals (Sweden)

    Juliana Tonche

    2016-01-01

    Full Text Available This article aims to discuss restorative justice, an alternative form of conflict management, through a theoretical framework of the theories of punishment, or more specifically, the modern penal rationality, as coined by Pires (2013. The idea is to demonstrate how restorative justice escapes modern penal rationality, presenting itself as an alternative to the system of ideas that underlies our current criminal justice system. The methodology is qualitative and the research came from a case study of restorative justice programs in the state of São Paulo, as well as interviews with professionals and participant observation of restorative circles that happened at a school in the city of São Caetano do Sul (SP. The results demonstrate that restorative justice, despite its transformative potential, still has been facing difficulties to be implemented. The resistances are related to legal professionals and the population that is served by these programs that do not understand the model as expertise (case of legal professionals, or as a benefit for those involved (case of adolescents and their families, as both groups still perceive conflict management in punitive terms. The research findings show us that restorative justice can be considered as an innovation, because it pressures the criminal justice system by proposing a new form of conflict management that shifts the focus from punishment to the restoration of the relationships affected by the conflict. Despite its advantages, it still has a long way to go until this expertise could be translated into transformative practices.

  1. Race, crime and criminal justice in South Africa

    CSIR Research Space (South Africa)

    Bosilong, KP

    2010-05-01

    Full Text Available This chapter begins with a brief tour of South Africa's justice and political systems, demographics and discourses of race. The brief narrative, which will also allude to situations in Apartheid South Africa, is meant to aid understanding...

  2. Black–White Disparities in Criminal Justice Referrals to Drug Treatment: Addressing Treatment Need or Expanding the Diagnostic Net?

    Directory of Open Access Journals (Sweden)

    Karen McElrath

    2016-10-01

    Full Text Available Slightly more than half of admissions to U.S. publicly-funded treatment for marijuana use are referred by the criminal justice system; this pattern has remained for at least 20 years. Nationally, Blacks comprise nearly a third of treatment admissions for marijuana use. This article explores the interplay between race and criminal justice referrals to treatment for marijuana use. Using data from the (U.S. 2011 Treatment Episode Data Set, we examine the relationship between race and diagnosis of cannabis use disorder (dependence versus abuse among referrals to community-based treatment in North Carolina. We compare Black/White differences in cannabis diagnoses across four referral sources: the criminal justice system, healthcare providers, self, and other sources. Race was significantly related to type of diagnosis across all four referral sources, however, the nature of the relationship was distinctly different among criminal justice referrals with Whites being more likely than Blacks to be diagnosed with cannabis dependence. Moreover, the marijuana use profiles of criminal justice referrals differed substantially from individuals referred by other sources. The findings suggest that diagnoses of cannabis abuse (rather than dependence may have worked to widen the diagnostic net by “capturing” individuals under control of the criminal justice system who manifested few problems with marijuana use, other than their involvement in the criminal justice system. The potential for a net-widening effect appeared to be most pronounced for Blacks.

  3. Prompted to treatment by the criminal justice system: Relationships with treatment retention and outcome among cocaine users

    Science.gov (United States)

    Kiluk, Brian D.; Serafini, Kelly; Malin-Mayor, Bo; Babuscio, Theresa A.; Nich, Charla; Carroll, Kathleen M.

    2015-01-01

    Background and Objectives A substantial portion of individuals entering treatment for substance use have been referred by the criminal justice system, yet there are conflicting reports regarding treatment engagement and outcome differences compared to those not referred. This study examined baseline characteristic and treatment outcome differences among cocaine-dependent individuals participating in cocaine treatment randomized trials. Methods This secondary analysis pooled samples across five completed randomized controlled trials, resulting in 434 participants. Of these, 67 (15%) were prompted to treatment by the criminal justice system. Results This subsample of criminal justice prompted (CJP) individuals did not differ from those not prompted by the criminal justice system in terms of gender, race/ethnicity, marital status, or age. However, the CJP group reported more years of regular cocaine use, more severe employment and legal problems, as well as less readiness to change prior to treatment. Treatment outcomes did not differ significantly from those without a criminal justice prompt, and on some measures the outcomes for CJP group were better (e.g., percentage of days cocaine abstinent, number of therapy sessions attended). Discussion and Conclusions These findings suggest that being prompted to treatment by the criminal justice system may not lead to poorer treatment engagement or substance use outcomes for individuals participating in randomized controlled treatment trials. Scientific Significance Despite some baseline indicators of poorer treatment prognosis, individuals who have been prompted to treatment by the criminal justice system have similar treatment outcomes as those presenting to treatment voluntarily. PMID:25809378

  4. Renegotiating forensic cultures: between law, science and criminal justice.

    Science.gov (United States)

    Roberts, Paul

    2013-03-01

    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science's basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable-and may be neutralised-by paying closer attention to criminal adjudication's normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert witnesses. Effective partnerships between lawyers and forensic scientists are indispensable for integrating scientific evidence into criminal proceedings, and must be renegotiated between individual practitioners on an on-going basis. Fruitful interdisciplinary collaboration between scholars with a shared interest in forensic science should dispense with reductive cultural stereotypes of Science and Law.

  5. Cultural considerations in the criminal law: the sentencing process.

    Science.gov (United States)

    Boehnlein, James K; Schaefer, Michele N; Bloom, Joseph D

    2005-01-01

    In forensic psychiatry, there is increasing recognition of the importance of culture and ethnicity in the criminal justice process as the population becomes more culturally diverse. However, there has been little consideration of the role of cultural factors in the trial process for criminal defendants, particularly in the sentencing phase of trial. Using a capital murder case study, this article explores the role of cultural forensic psychiatric consultation, focusing on the sentencing phase of trial as the place where the full scope and power of a cultural evaluation can be brought most effectively to the attention of the court. Cultural psychiatric perspectives can enrich a core forensic evaluation and be maximally helpful to the court, by exploring family dynamics and psychological health influenced by cultural history, immigrant and refugee experiences, and sociocultural environment. Specific recommendations and cautions for effective cultural consultation in forensic psychiatry are discussed.

  6. The Impact of Criminal Justice Involvement and Housing Outcomes Among Homeless Persons with Co-occurring Disorders.

    Science.gov (United States)

    Mitchell, Jessica N; Clark, Colleen; Guenther, Christina C

    2017-02-02

    The relationship between criminal justice involvement and housing among homeless persons with co-occurring disorders was examined. Program participants assisted in moving to stable housing were interviewed at baseline, six months, and discharge. Those who remained homeless at follow-up and discharge had significantly more time in jail in the past month than those who were housed. However, criminal justice involvement was not significantly related to housing status at the six month follow-up or discharge. Findings suggest that housing people with complex behavioral health issues reduces the likelihood of further criminal justice involvement.

  7. Shared responsibility in international criminal justice: the ICC and asylum

    NARCIS (Netherlands)

    Sluiter, G.

    2012-01-01

    As a tribute to Bert Swart's academic career, this article explores the shared responsibility of states and the International Criminal Court (ICC) for witnesses who have testified at the ICC and have raised concerns for their well-being and safety in case of return to the sending state. The new phen

  8. Children Exposed to Violence: Criminal Justice Resources. OVC Bulletin.

    Science.gov (United States)

    Connelly, Helen

    Children exposed to violence are at higher risk of behavior problems and academic failure, as well as chronic delinquency and adult criminal behavior. This bulletin provides information about resources that are available to help improve the system's response to child victims and witnesses of violence. Information is provided about 14 private…

  9. Public Engagement with the Criminal Justice System in the Age of Social Media

    Directory of Open Access Journals (Sweden)

    Michelle Katherine Larson Rose

    2014-10-01

    Full Text Available Exemplified by the landmark trial of O.J. Simpson, news media coverage of criminal cases in the United States is now regularly dominated by tabloid style coverage, complete with fixation on the victims and accused in criminal cases. Investigators have shown that such coverage of criminal proceedings is linked to decreasing levels of public trust and confidence in the criminal justice system. What is not yet understood is how rapid changes to the media universe in terms of online news sources and social networking are impacting coverage of criminal proceedings and public understanding of the criminal justice system. By surveying the American public on their news consumption habits, participation in social networking, knowledge and opinions of highly publicized criminal cases, and perceptions of the legitimacy of the justice system, we offer one of the first analyses of social media’s impact on public interaction with the criminal justice system. Ultimately we find little evidence that social media is enhancing citizen knowledge about or confidence in the criminal justice system, but we do uncover strong evidence that social media engagement with criminal trials leads to a greater desire for vengeance and encouragement of vigilante attitudes and behavior. Como demostró el emblemático juicio a O.J. Simpson, la cobertura mediática de los casos penales en los Estados Unidos está dominada de forma regular por una cobertura de estilo sensacionalista, centrando su atención en las víctimas y acusados de los casos criminales. Investigaciones han demostrado que esta cobertura de los procesos criminales está relacionada con un menor nivel de confianza del público en el sistema de justicia criminal. Todavía no se conoce con qué rapidez están impactando los cambios en el universo de los medios de comunicación que han llegado de la mano de las fuentes de información en línea y las redes sociales, en la cobertura de los procesos criminales y la

  10. 论刑事和解的正义冲突及其消解%On Justice Conflict of Criminal Mediation and its Elimination

    Institute of Scientific and Technical Information of China (English)

    秦宗川

    2014-01-01

    刑事和解的构建初衷在于强化刑事被害人的保护,但刑事和解的适用却无疑一定程度地弱化了对犯罪人的惩罚。被害人保护与犯罪人惩罚均为社会的正义诉求,却在刑事和解中产生冲突。应当在价值松绑、立法解危、司法开路中消解刑事和解中的正义冲突。%The original purpose of establishing Criminal Mediation system is to strengthen the protection of criminal victims, but the application of Criminal Mediation is surely weakening the punishment to criminal to some extent.To protect criminal victims and to punish criminals are both justice appeals of the society, but they become conflicts in Criminal Mediation.Such conflicts shall be eliminated in the process of untying values, saving the situ-ation by means of law, carving out a way by justice.

  11. Ambiguity Aversion and the Criminal Process

    OpenAIRE

    Uzi Segal; Alex Stein

    2005-01-01

    This is the first article to examine the effects of ambiguity aversion on the criminal process. Ambiguity aversion is a person’s rational attitude towards probability's indeterminacy. When a person is averse towards such ambiguities, he increases the probability of the unfavorable outcome to reflect that fear. This observation is particularly true about a criminal defendant who faces a jury trial. Neither the defendant nor the prosecution knows whether the jury will convict the defendant. The...

  12. Predictors of Criminal Justice Outcomes Among Mental Health Courts Participants: The Role of Perceived Coercion and Subjective Mental Health Recovery.

    Science.gov (United States)

    Pratt, Christina; Yanos, Philip T; Kopelovich, Sarah L; Koerner, Joshua; Alexander, Mary Jane

    2013-04-01

    Internationally, one effort to reduce the number of people with serious mental illness (SMI) in jails and prisons is the development of Mental Health Courts (MHC). Research on MHCs to date has been disproportionately focused on the study of recidivism and re-incarceration over the potential of these problem-solving courts to facilitate mental health recovery and affect the slope or gradient of opportunity for recovery. Despite the strong conceptual links between the MHC approach and the recovery-orientation in mental health, the capacity for MHCs to facilitate recovery has not been explored. This user-informed mental health and criminal justice (MH/CJ) community based participatory (CBPR) study assesses the extent to which MHC practices align with recovery-oriented principles and may subsequently affect criminal justice outcomes. We report on the experiences and perceptions of 51 MHC participants across four metropolitan Mental Health Courts. Specifically, the current study assesses: 1) how defendants' perceptions of court practices, particularly with regard to procedural justice and coercion, relate to perceptions of mental health recovery and psychiatric symptoms, and, 2) how perceptions of procedural justice and mental health recovery relate to subsequent criminal justice outcomes. The authors hypothesized that perceived coercion and mental health recovery would be inversely related, that perceived coercion would be associated with worse criminal justice outcomes, and perceptions of mental health recovery would be associated with better criminal justice outcomes. Results suggest that perceived coercion in the MHC experience was negatively associated with perceptions of recovery among MHC participants. Perceptions of "negative pressures," a component of coercion, were important predictors of criminal justice involvement in the 12 month period following MHC admission, even when controlling for other factors that were related to criminal justice outcomes, and that

  13. Key figures on the Dutch criminal justice system

    OpenAIRE

    Berghuis, A.C.; Hooff, P. van

    1991-01-01

    This note contains statistical information on victimization rates, rates of reporting to the police, number of registered crimes and clearance rate, number of known suspects and known juvenile suspects, sentencing and dismissal rates, prison sentences, juvenile detention, state expenditure on police and justice, and number of employed people.

  14. DNA evidence in rape cases and the Debbie Smith Act: forensic practice and criminal justice implications.

    Science.gov (United States)

    Telsavaara, Terhi V T; Arrigo, Bruce A

    2006-10-01

    The Debbie Smith or "Justice for All" Act was passed on November 1, 2004. The act addresses the problem of collecting and analyzing DNA evidence from backlogged rape kits sitting in crime laboratories around the country. Presently, no empirical data exist by which to assess the soundness of the legislation. However, the act clearly affects discrete operations within the forensic and criminal justice systems. This article explores the relative merits of the Debbie Smith law, highlighting changes in Sexual Assault Nurse Examiner (SANE) programs, law enforcement, court administration, correctional treatment, and juvenile justice practices. Concerns linked to the likely impact of the "Justice for All" Act raise significant questions about its overall programmatic utility and treatment efficacy.

  15. Children and animal abuse: Criminological, victimological and criminal justice aspects

    OpenAIRE

    Batrićević Ana

    2011-01-01

    Animal abuse represents a complex social, psychological, criminological, victimological and legal phenomenon whose gravity is increased if a child appears either as the perpetrator or as the observer of violence against animals. Etiology and phenomenology of animal abuse suggest that it tends to overlap with various deviant, delinquent and criminal activities, including physical, emotional and sexual abuse of family or other community members, alcohol and drug abuse, illegal gambling an...

  16. Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

    DEFF Research Database (Denmark)

    Christensen, Mikkel Jarle

    The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...... with the striking proliferation of the new ad hoc tribunals since the 1990s and the creation of the first permanent international criminal court (ICC) in 2002, the article highlights the pivotal role of legal academics in defining and championing this form of law by placing themselves in a double role as both legal...... consultants and scholarly experts in the nascent field of international criminal justice. Investing professionally in the creation and development of international criminal justice, this role as double agents allowed groups of academics to have a significant impact on the genesis and evolution...

  17. Black–White Disparities in Criminal Justice Referrals to Drug Treatment: Addressing Treatment Need or Expanding the Diagnostic Net?

    OpenAIRE

    2016-01-01

    Slightly more than half of admissions to U.S. publicly-funded treatment for marijuana use are referred by the criminal justice system; this pattern has remained for at least 20 years. Nationally, Blacks comprise nearly a third of treatment admissions for marijuana use. This article explores the interplay between race and criminal justice referrals to treatment for marijuana use. Using data from the (U.S.) 2011 Treatment Episode Data Set, we examine the relationship between race and diagnosis ...

  18. An integrated public health and criminal justice approach to gangs: What can research tell us?

    Directory of Open Access Journals (Sweden)

    Erika Gebo

    2016-12-01

    Full Text Available There has been a call to better link public health and criminal justice approaches to best address crime problems generally, and youth and gang violence in particular. Importantly, there has yet to be a systematic examination of how criminal justice approaches can be integrated within a public health framework. This paper examines the strengths and challenges with mapping gang research and evidence-informed practices onto a public health approach. Conceptual examination reveals benefits to utilizing an integrated framework, but it also exposes core problems with identification and prediction of gang joining and gang membership. The gang label as a master status is called into question. It is argued that a public health framework can inform public policy approaches as to when the focus should be youth violence versus gangs and gang violence.

  19. Substance abuse treatment and services by criminal justice and other funding sources.

    Science.gov (United States)

    Arfken, Cynthia L; Kubiak, Sheryl Pimlott

    2009-01-01

    Studies have found funding source, whether public or private, is associated with treatment and services offered in community-based agencies. However, the association of criminal justice funding with community-based treatment and services is unknown. Using a mixed method case study approach with 34 agencies within one state we assessed administrators' perspectives of the most important funding source, treatment and services offered. We found that agencies rely on multiple funding sources and the source rated most important was associated with treatment and services offered in the agency. Those agencies citing a criminal justice entity as the most important funder were more likely to offer specific ancillary services and adopt motivational interviewing than those citing private funds. Although client characteristics or training opportunities may determine these services and practices, the agency's most important funding source may have implications for services offered.

  20. The Satisfaction of the Right of Justice under the Colombian Peace Process. A Look at Developments in the Field of Criminal Responsibility in the Context of a Peace Process and Current International Standards

    Directory of Open Access Journals (Sweden)

    Beatriz Eugenia Suárez López

    2014-07-01

    Full Text Available With the purpose of comparing the peace agreements that were carried out in Colombia during the decades of the 80s and 90s and the current negotiation process that is taking place in Havana with the farc, the article identifies the lessons of the peace processes selected and discusses their relevance to the negotiation in progress. In particular, the article explicates how the right to justice of the victims, and the amnesties and pardons to members of illegal armed groups, were addressed in the past. Furthermore, the article examines the Legislative Act 1 of 2012, which establishes the so-called ‘Legal Framework for Peace’. Thus, it highlights the possible consequences in regards to international responsibility of the Colombian State and of the perpetrators of international crimes.

  1. The Electronic Monitoring Paradigm: A Proposal for Transforming Criminal Justice in the USA

    Directory of Open Access Journals (Sweden)

    Stuart S. Yeh

    2015-01-01

    Full Text Available This article proposes a change in public policy that promises to greatly reduce major crime in the United States, protect society, eliminate prison overcrowding, and save taxpayer dollars. This policy would employ electronic monitoring (EM technology in a way that discourages individuals who might otherwise be tempted to commit crimes. The approach is arguably more effective, efficient, humane and ethical than any alternative strategy and potentially could revolutionize law enforcement and the American criminal justice system.

  2. Interests and Actors in European Police and Criminal Justice Cooperation : Legal and Practical Challenges

    OpenAIRE

    2011-01-01

    The speeches included in this working paper were presented at the conference “Interests and Actors in European Police and Criminal Justice Cooperation: Legal and Practical Challenges” hosted by the Swedish Network for European Legal Studies in collaboration with the Faculty of Law at Uppsala University. The working paper includes the key speeches by some of the most prominent actors in Sweden in this field. After a brief introduction by the editors, the second section includes the speech by M...

  3. Shadow writing and participant observation: a study of\\ud criminal justice social work around sentencing

    OpenAIRE

    2008-01-01

    The study of decision-making by public officials in administrative settings has been a mainstay of law and society scholarship for decades. The methodological challenges posed by this research agenda are well understood: how can socio-legal researchers get inside the heads of legal decision-makers in order to understand the uses of official discretion? This article describes an ethnographic technique the authors developed to help them penetrate the decision-making practices of criminal justic...

  4. Integrating the American criminal justice and mental health service systems to focus on victimization.

    Science.gov (United States)

    Jennings, Wesley G; Gover, Angela R; Piquero, Alex R

    2011-12-01

    Although most research and policy in the mental health and criminal justice arenas have operated independently of one another, there is a growing consensus suggesting the need for an integration of these two disparate, yet complementary systems. Furthermore, in light of the adverse mental health consequences that often accompany victimization experiences, it is apparent that these two systems should develop and foster overlapping services for crime victims. The research reviewed herein provides an examination of issues such as these, identifies some of the barriers that stand in the way of a successful integration of the two systems, and attempts to provide some guidance and direction for future integrated mental health and criminal justice system approaches. An outline of research gaps and directions for future study are offered for the integration of criminal justice and mental health systems, as such collaborations are likely to alleviate some of the deleterious mental health outcomes evident among crime victims and at the same time reduce the occurrence of repeat victimization.

  5. Reaching seriously at-risk populations: health interventions in criminal justice settings.

    Science.gov (United States)

    Hammett, T M; Gaiter, J L; Crawford, C

    1998-02-01

    More than 6 million people are under some form of criminal justice supervision in the United States on any given day. The vast majority are arrested in and return to urban, low-income communities. These are men, women, and adolescents with high rates of infectious diseases such as HIV/AIDS, other sexually transmitted diseases (STDs), and tuberculosis (TB), as well as substance abuse and other health problems. A review of recent literature indicates that an increasing problem for these populations is that they have had little prior access to primary health care or health interventions, and many are returning to their communities without critical preventive health information and skills, appropriate medical services, and other necessary support. Periods of incarceration and other criminal justice supervision offer important opportunities to provide a range of health interventions to this underserved population, and general evaluations show the potential for this strategy. Public health and criminal justice agencies have the expertise and should collaborate to provide interventions needed by incarcerated populations. Moreover, many recently released inmates require primary care for HIV/AIDS, other STDs, and TB. Consequently, timely discharge planning is essential, as are linkages with community-based organizations and agencies that can provide medical care, health education, and necessary supportive services.

  6. Ending overly broad HIV criminalization: Canadian scientists and clinicians stand for justice

    Directory of Open Access Journals (Sweden)

    Cécile Kazatchkine

    2015-07-01

    Full Text Available In Canada, people living with HIV who do not disclose their HIV status prior to sexual acts risk prosecution for aggravated sexual assault even if they have sex with a condom or while having a low (or undetectable viral load, they had no intent to transmit HIV, and no transmission occurred. In 2013, six distinguished Canadian HIV scientists and clinicians took ground-breaking action to advance justice by co-authoring the “Canadian consensus statement on HIV and its transmission in the context of the criminal law.” This effort was born out of the belief that the application of criminal law to HIV non-disclosure was being driven by a poor appreciation of the science of HIV. More than 75 HIV scientists and clinicians Canada-wide have now endorsed the statement, agreeing that “[they] have a professional and ethical responsibility to assist those in the criminal justice system to understand and interpret current medical and scientific evidence regarding HIV.” As some 61 countries have adopted laws that specifically allow for HIV criminalization, and prosecutions for HIV non-disclosure, exposure and transmission have been reported in at least 49 countries, the authors hope that others around the world will take similar action.

  7. Ending overly broad HIV criminalization: Canadian scientists and clinicians stand for justice

    Science.gov (United States)

    Kazatchkine, Cécile; Bernard, Edwin; Eba, Patrick

    2015-01-01

    In Canada, people living with HIV who do not disclose their HIV status prior to sexual acts risk prosecution for aggravated sexual assault even if they have sex with a condom or while having a low (or undetectable) viral load, they had no intent to transmit HIV, and no transmission occurred. In 2013, six distinguished Canadian HIV scientists and clinicians took ground-breaking action to advance justice by co-authoring the “Canadian consensus statement on HIV and its transmission in the context of the criminal law.” This effort was born out of the belief that the application of criminal law to HIV non-disclosure was being driven by a poor appreciation of the science of HIV. More than 75 HIV scientists and clinicians Canada-wide have now endorsed the statement, agreeing that “[they] have a professional and ethical responsibility to assist those in the criminal justice system to understand and interpret current medical and scientific evidence regarding HIV.” As some 61 countries have adopted laws that specifically allow for HIV criminalization, and prosecutions for HIV non-disclosure, exposure and transmission have been reported in at least 49 countries, the authors hope that others around the world will take similar action. PMID:26194348

  8. Can the Bill of Rights Survive the Crisis in Criminal Justice? Myths, Realities and Questions for the Future.

    Science.gov (United States)

    Dash, Samuel

    1990-01-01

    Interviewed 800 police chiefs asking whether the Bill of Rights prevented police and prosecutors from protecting citizens against crime and found the answer was no. Urges more equitable funding for the criminal justice system, more public defenders for the poor, and teaching about justice in a free society. (NL)

  9. Language difficulties and criminal justice: the need for earlier identification.

    Science.gov (United States)

    Bryan, Karen; Garvani, Gillian; Gregory, Juliette; Kilner, Karen

    2015-01-01

    At least 60% of young people in the UK who are accessing youth justice services present with speech, language and communication difficulties which are largely unrecognized. The contributing reasons for this are discussed, suggesting that early language difficulty is a risk factor for other problems such as literacy difficulties and educational failure that may increasingly put the young person at risk of offending. Opportunities for identification and remediation of language difficulties before young people reach youth justice services are also outlined. To examine language skills in a sample of children in a secure children's home aged 11-17 years. A sample of 118 males were routinely assessed on four Comprehensive Evaluation of Language Fundamentals (CELF) subtests and the British Picture Vocabulary Scale (BPVS). Around 30% of the participants presented with language difficulties scoring 1.5 SD (standard deviation) below the mean on the assessments. Despite them entering the home because their vulnerability was recognized, only two participants had a previous record of language difficulties. A total of 20% of the participants had a diagnosis of mental illness, 50% had a history of drug abuse and 31% had looked-after status prior to entry to the home. Children experiencing educational or emotional difficulties need to be routinely assessed for speech, language and communication difficulties. More population-based approaches to supporting the development of oral language skills in children and young people are also supported. © 2015 Royal College of Speech and Language Therapists.

  10. The fight against human trafficking in the EU: the challenges to cross-border criminal justice cooperation

    Directory of Open Access Journals (Sweden)

    Mirentxu Jordana Santiago

    2015-12-01

    Full Text Available The fight against human trafficking presents a number of challenges to the European Union. The multilateral dimension of the cases complicates the action of national authorities and results in limited, partial manhunts and criminal prosecutions that perpetuate the impunity of these crimes. Faced with this problem, the EU has committed to an integrated approach to investigations, which requires exploration of the potential for criminal justice cooperation, an area in which Eurojust, the EU’s criminal justice cooperation unit, plays an important role.

  11. A Reciprocal Turn in Criminal Justice? Shifting Conceptions of Legitimate Authority

    Directory of Open Access Journals (Sweden)

    Ferry de Jong

    2013-01-01

    Full Text Available The past decade has seen the rise of a fierce, ongoing controversy concerning the authority of criminal courts and the legitimacy of the criminal justice system as such. This article aims to provide some much needed conceptual clarity regarding the primal subjects under discussion: To what do we actually refer when we are using the words 'authority' and 'legitimacy'? What is 'legitimate authority'? For an answer to this question, reference is made to a number of theoretical developments within (political philosophy. The article investigates how developments within the doctrines of the general part of substantive criminal law are related to shifting contemporary views on the general conditions for a legitimate exercise of practical authority. An account of a number of interlocking developments within the doctrinal system of Dutch substantive criminal law serves as a starting point for the subsequent inquiry. It is argued that these developments exemplify shifts in the way authority is distributed over various agents involved in criminal proceedings. It is further argued that these shifts in the distribution of authority parallel notable movements within the philosophical literature on the concept of legitimate authority, that is: a movement from a rationalistic and top-down approach toward a reciprocal, bottom-up approach.

  12. Criminal Network Investigation: Processes, Tools, and Techniques

    DEFF Research Database (Denmark)

    Petersen, Rasmus Rosenqvist

    to the success of investigations. Basic criminal network investigation concepts have been developed and tested using proof-of-concept prototyping, resulting in generic software components for tool support of criminal network investigation. We have used these components to build CrimeFighter Investigator...... three challenges we formulated our hypothesis for tool support, and analyzed problems related to each individual challenge. Our response to these problems is a list of research focus requirements, to guide our development of new processes, tools, and techniques that ultimately would reduce the impact...... of the challenges and support the hypothesis. We propose hypertext as the key technology to bridge human and tool related requirements to provide integrated support for both, resulting in increased capabilities, that ultimately will create a synergy effect useful for criminal network investigation. We create...

  13. Children and animal abuse: Criminological, victimological and criminal justice aspects

    Directory of Open Access Journals (Sweden)

    Batrićević Ana

    2011-01-01

    Full Text Available Animal abuse represents a complex social, psychological, criminological, victimological and legal phenomenon whose gravity is increased if a child appears either as the perpetrator or as the observer of violence against animals. Etiology and phenomenology of animal abuse suggest that it tends to overlap with various deviant, delinquent and criminal activities, including physical, emotional and sexual abuse of family or other community members, alcohol and drug abuse, illegal gambling and betting and membership of children and adolescents in street gangs. The author discusses fundamental reasons, causes and motives for animal abuse committed by children as well as the devastating impact of children’s exposure to the scenes of animal abuse on their future delinquent behavior. She emphasizes the link between animal abuse and family violence and analyzes the position of a child as a direct or indirect victim in such situations. In addition, the author estimates the efficiency of existing mechanisms of prevention and state reaction to such behaviours and suggests solutions, which are accepted in comparative law, as potential role models.

  14. The communication of forensic science in the criminal justice system: A review of theory and proposed directions for research.

    Science.gov (United States)

    Howes, Loene M

    2015-03-01

    Clear communication about forensic science is essential to the effectiveness and perceived trustworthiness of the criminal justice system. Communication can be seen as a meaning-making process that involves different components such as the sender of a message, the message itself, the channel in which a message is sent, and the receiver of the message. Research conducted to date on the communication between forensic scientists and non-scientists in the criminal justice system has focused on different components of the communication process as objects of study. The purpose of this paper is to bring together communication theory and past research on the communication of forensic science to contribute to a deeper understanding of it, and to provide a coherent view of it overall. The paper first outlines the broader context of communication theory and science communication as a backdrop to forensic science communication. Then it presents a conceptual framework as a way to organise past research and, using the framework, reviews recent examples of empirical research and commentary on the communication of forensic science. Finally the paper identifies aspects of the communication of forensic science that may be addressed by future research to enhance the effectiveness of communication between scientists and non-scientists in this multidisciplinary arena.

  15. Treatment at the front end of the criminal justice continuum: the association between arrest and admission into specialty substance abuse treatment

    Science.gov (United States)

    Kubiak, Sheryl Pimlott; Arfken, Cynthia L; Swartz, James A; Koch, Alison L

    2006-01-01

    important policy implications in reducing the number of subsequent arrests or preventing individuals moving further along the criminal justice continuum, as well as decreasing the fiscal and resource burdens associated with criminal justice processing and confinement. PMID:16879743

  16. Treatment at the front end of the criminal justice continuum: the association between arrest and admission into specialty substance abuse treatment

    Directory of Open Access Journals (Sweden)

    Swartz James A

    2006-07-01

    contact could have important policy implications in reducing the number of subsequent arrests or preventing individuals moving further along the criminal justice continuum, as well as decreasing the fiscal and resource burdens associated with criminal justice processing and confinement.

  17. Treatment at the front end of the criminal justice continuum: the association between arrest and admission into specialty substance abuse treatment.

    Science.gov (United States)

    Kubiak, Sheryl Pimlott; Arfken, Cynthia L; Swartz, James A; Koch, Alison L

    2006-07-31

    the number of subsequent arrests or preventing individuals moving further along the criminal justice continuum, as well as decreasing the fiscal and resource burdens associated with criminal justice processing and confinement.

  18. The position of victims in Serbia: Criminal procedure and possibilities of restorative justice

    Directory of Open Access Journals (Sweden)

    Nikolić-Ristanović Vesna

    2006-01-01

    Full Text Available In the paper, the authors deal with the victim"s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim"s position in Serbia, on the other one. In the first part of the paper, the authors point out victim"s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim"s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim"s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.

  19. "Drugs and AIDS--reaching for help": a videotape on AIDS and drug abuse prevention for criminal justice populations.

    Science.gov (United States)

    Gross, M; DeJong, W; Lamb, D; Enos, T; Mason, T; Weitzman, E

    1994-01-01

    This article describes the development of a videotape targeted at persons under supervision of the criminal justice system. The videotape seeks to encourage those who use illicit drugs to enter drug treatment and to motivate those at risk for exposure to human immunodeficiency virus (HIV) to alter behaviors that may transmit infection. The criminal justice system presents an important opportunity to deliver such messages, particularly to a large population of persons briefly detained in a jail or lockup and released without subsequent incarceration. Evidence suggests that, even in this audience, knowledge of how to prevent exposure to HIV is widespread, yet those at risk often fail to take appropriate precautions: motivating behavior change demands more than imparting information. In order to shape this videotape, we analyzed the target audience and developed a drama-based approach that applies the framework of social learning theory, the health belief model, and principles of social marketing. This article describes the integration of that theoretical framework into the production process, content, and strategy of the videotape.

  20. The Exploration of the System of Criminal Justice Statistics%刑事司法统计制度初探

    Institute of Scientific and Technical Information of China (English)

    陈浩

    2015-01-01

    Criminal justice statistics is a science of judicial measurement , and the system of criminal justice statistics is the regulation of the activities of Criminal Justice Statistics .China is still lack of specialized system of criminal justice statistics .Today, when the data has the absolute right to speak , all the governance model adjustment and management results show should depend on the data .There-fore, it is urgent to establish a system of criminal justice statistics .%刑事司法统计制度是规范刑事司法统计活动的上层建设,而我国目前尚缺乏专门的刑事司法统计制度。在数据拥有绝对话语权的今天,所有的治理模式调整和治理结果展现都有赖于数据,因而亟需建立刑事司法统计制度。

  1. Addressing the Needs of the Criminal Defendant with Mental Retardation: The Special Educator as a Resource to the Criminal Justice System.

    Science.gov (United States)

    Everington, Caroline; Luckasson, Ruth

    1989-01-01

    The expertise of special educators can aid in providing justice for criminal defendants with mental retardation in such areas as identification of mental retardation, evaluations and habilitation concerning competence to stand trial or enter plea agreements, and provision of services to defendants in corrections programs. (Author/DB)

  2. Juvenile penalty or leniency: Sentencing of juveniles in the criminal justice system.

    Science.gov (United States)

    Jordan, Kareem L; McNeal, Brittani A

    2016-08-01

    The purpose of this study is to examine the impact of being juvenile on sentencing in the criminal justice system. More specifically, youth transferred to criminal court are compared to adults in terms of likelihood of incarceration, jail length, and prison length. In this study, 2 national data sets are merged. The juvenile sample includes 3,381 convicted offenders, and the adult sample is comprised of 6,529 convicted offenders. The final sample is 9,910 offenders across 36 U.S. counties. The key independent variable is juvenile status, and the dependent variables are incarceration, jail length, and prison length. Because of the multilevel nature of the data, hierarchical linear modeling is used across all models. Juveniles are punished less severely in the jail incarceration decision. However, when youth are actually sentenced to incarceration (either jail or prison), they are given longer confinement time than adults. (PsycINFO Database Record

  3. Neuroimaging studies of aggressive and violent behavior: current findings and implications for criminology and criminal justice.

    Science.gov (United States)

    Bufkin, Jana L; Luttrell, Vickie R

    2005-04-01

    With the availability of new functional and structural neuroimaging techniques, researchers have begun to localize brain areas that may be dysfunctional in offenders who are aggressive and violent. Our review of 17 neuroimaging studies reveals that the areas associated with aggressive and/or violent behavioral histories, particularly impulsive acts, are located in the prefrontal cortex and the medial temporal regions. These findings are explained in the context of negative emotion regulation, and suggestions are provided concerning how such findings may affect future theoretical frameworks in criminology, crime prevention efforts, and the functioning of the criminal justice system.

  4. The National Criminal Justice Treatment Practices survey: multilevel survey methods and procedures.

    Science.gov (United States)

    Taxman, Faye S; Young, Douglas W; Wiersema, Brian; Rhodes, Anne; Mitchell, Suzanne

    2007-04-01

    The National Criminal Justice Treatment Practices (NCJTP) survey provides a comprehensive inquiry into the nature of programs and services provided to adult and juvenile offenders involved in the justice system in the United States. The multilevel survey design covers topics such as the mission and goals of correctional and treatment programs; organizational climate and culture for providing services; organizational capacity and needs; opinions of administrators and staff regarding rehabilitation, punishment, and services provided to offenders; treatment policies and procedures; and working relationships between correctional and other agencies. The methodology generates national estimates of the availability of programs and services for offenders. This article details the methodology and sampling frame for the NCJTP survey, response rates, and survey procedures. Prevalence estimates of juvenile and adult offenders under correctional control are provided with externally validated comparisons to illustrate the veracity of the methodology. Limitations of the survey methods are also discussed.

  5. Empowerment and Social Support: Implications for Practice and Programming Among Minority Women with Substance Abuse and Criminal Justice Histories.

    Science.gov (United States)

    Barringer, Alexandra; Hunter, Bronwyn A; Salina, Doreen D; Jason, Leonard A

    2017-01-01

    Programs for women with substance abuse and criminal justice histories often incorporate empowerment and social support into service delivery systems. Women's empowerment research has focused on the relationship between women's personal identities and the larger sociopolitical context, with an emphasis on how community-based resources are critical for promoting well-being. Social support often protects against negative outcomes for individuals who live with chronic stress. However, few studies have evaluated community resource knowledge and empowerment among marginalized women or how social support might strengthen or weaken this relationship. This study investigated resource knowledge, social support, and empowerment among 200 minority women in substance abuse recovery who had recent criminal justice involvement. Results indicated that resource knowledge was related to empowerment and belonging social support marginally moderated this relationship. In addition, education level increased and current involvement in the criminal justice system decreased empowerment. Implications for research, practice, and policy are discussed.

  6. Parental involvement with the criminal justice system and the effects on their children: a collaborative model for researching vulnerable families.

    Science.gov (United States)

    Akesson, Bree; Smyth, J McGregor; Mandell, Donald J; Doan, Thao; Donina, Katerina; Hoven, Christina W

    2012-01-01

    Despite the existing body of research examining the effects of imprisonment on incarcerated adults, as of yet, there is no solid empirical evidence for understanding the effects of parental involvement with the criminal justice system involvement (CJSI) on children and families. Accordingly, Columbia University-New York State's Child Psychiatric Epidemiology Group (CPEG), supported by a strong collaboration with The Bronx Defenders, a holistic public defender providing free legal representation, is conducting a longitudinal study examining the effects of parental involvement with the criminal justice system on this population. The study aims to understand, over time, the impact of parental CJSI on their children's mental health, including the effects of the collateral legal damage of CJSI (such as eviction and deportation), substance use, the development of risky behaviors leading to the child's potential involvement with the criminal justice system, as well as protective factors and identification of potential intervention points, which has the ability to inform public policy.

  7. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    Directory of Open Access Journals (Sweden)

    Etilda Gjonaj Saliu

    2016-07-01

    Full Text Available The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in identifying the issues and provide recommendations, with the main goal of improvement of the legislation and its best implementation in practice by the criminal justice instances, particularly by the prosecution and the court. Through the conclusions derived by this article is intended to exert the right pressure towards state authorities, to improve and better orient criminal policy and to increase the use of alternatives to the precautionary measure of “jail arrest” and imprisonment.

  8. Practice informs the next generation of behavioral health and criminal justice interventions.

    Science.gov (United States)

    Wolff, Nancy; Frueh, B Christopher; Huening, Jessica; Shi, Jing; Epperson, Matthew W; Morgan, Robert; Fisher, William

    2013-01-01

    Specialized interventions, such as police and jail diversion, mental health courts, specialized probation, forensic assertive community treatment, designed to engage justice-involved persons with serious mental illnesses, have expanded over the past two decades. Some of these "first generation" interventions have demonstrated efficacy and several have earned recognition as evidence-based practices. Yet, overall, they have not appreciably reduced the prevalence of persons with serious mental illnesses involved in the criminal justice system. To understand how to make the next generation of interventions more effective, a survey of a national sample of community-based programs serving these clients was conducted. Surveys were completed on-line by direct service staff affiliated with 85 programs and collected data on the characteristics and needs of the client base; characteristics and challenges associated with difficult-to-engage clients; service needs and obstacles; and recommendations for improving program effectiveness. A sample of the survey participants (19 programs from 18 states) attended a day-long workshop to discuss the survey findings and ways to improve treatment adherence and client services. Respondents reported that their clients have a constellation of problems with different origins, etiologies, and symptoms, often crossing over the boundaries of mental illness, addictions, and antisocial pathologies. According to the practitioners working with justice-involved clients with mental illnesses, responding effectively requires knowledge of many different problems, expertise to respond to them, and an understanding of how these problems interact when they co-occur. The poly-problems of these clients suggest the need for an integrated and comprehensive approach, which is challenged by the fragmented and diverse ideologies of the behavioral health, criminal justice, and social service systems.

  9. Examining the temporal relationship between criminal justice involvement and sexual risk behaviors among drug-involved men.

    Science.gov (United States)

    Epperson, Matthew W; El-Bassel, Nabila; Chang, Mingway; Gilbert, Louisa

    2010-03-01

    Although criminal justice involvement has repeatedly been associated with human immunodeficiency virus (HIV)/sexually transmitted infection prevalence and sexual risk behaviors, few studies have examined whether arrest or incarceration uniquely contributes to sexually risky behavior. We examined the temporal relationship between criminal justice involvement and subsequent sexual HIV risk among men in methadone maintenance treatment in New York City. A random sample of 356 men was interviewed at baseline (time 1), 6-month (time 2), and 12-month (time 3) follow-ups. Propensity score matching, negative binomial, and multiple logistic regression were used to isolate and test the effect of time 2 arrest and incarceration on time 3 sexual risk behaviors. Incidence of time 2 criminal justice involvement was 20.1% for arrest and 9.4% for incarceration in the prior 6 months. Men who were arrested at time 2 demonstrated increased number (adjusted incidence rate ratio [IRR] = 1.62; 95% confidence intervals [CI] = 1.11, 2.37) and proportion (IRR = 1.36; 95% CI = 1.07, 1.72) of unprotected vaginal sex acts at time 3. Men incarcerated at time 2 displayed increased number (IRR = 2.07; 95% CI = 1.23, 3.48) and proportion (IRR = 1.45; 95% CI = 1.06, 1.99) of unprotected vaginal sex acts at time 3. Within this sample of drug-involved men, arrest and incarceration are temporally associated with and may uniquely impact successive sexual risk-taking. Findings underscore the importance of HIV prevention interventions among individuals with low-intensity criminal justice involvement. Developing prevention efforts aimed at short-term incarceration, community reentry, and alternatives to incarceration settings will address a large and under-researched segment of the criminal justice population. Alternative approaches to current criminal justice policy may result in public health benefits.

  10. ESSAYS ON THE ECONOMICS OF CRIMINAL JUSTICE ADMINISTRATION

    OpenAIRE

    Georgiou, Georgios

    2012-01-01

    In 1999, Washington State decided to allocate supervision based on offenders' risk characteristics. These risk characteristics were measured by the actuarial instrument ``Level of Service Inventory - Revised.'' In analyzing the data, I discovered the unusual administration of the instrument by the local bureaucracy that resulted in many offenders being bumped to a higher supervision level. Using a regression discontinuity design, I uncover the mechanics of the bumping up process. After cleans...

  11. Research on Women and Girls in the Justice System: Plenary Papers of the Conference on Criminal Justice Research and Evaluation--Enhancing Policy and Practice through Research, Volume 3 (1999). Research Forum.

    Science.gov (United States)

    Richie, Beth E.; Tsenin, Kay; Widom, Cathy Spatz

    This publication presents three papers from a 1999 conference on criminal justice research and evaluation. The papers reveal real-life implications of research for a situation of growing urgency. Research has uncovered a link between the victimization of women and their criminal behavior. The papers propose that justice system practice can be…

  12. Case studies from three states: breaking down silos between health care and criminal justice.

    Science.gov (United States)

    Bechelli, Matthew J; Caudy, Michael; Gardner, Tracie M; Huber, Alice; Mancuso, David; Samuels, Paul; Shah, Tanya; Venters, Homer D

    2014-03-01

    The jail-involved population-people with a history of arrest in the previous year-has high rates of illness, which leads to high costs for society. A significant percentage of jail-involved people are estimated to become newly eligible for coverage through the Affordable Care Act's expansion of Medicaid, including coverage of substance abuse treatment and mental health care. In this article we explore the need to break down the current policy silos between health care and criminal justice, to benefit both sectors and reduce unnecessary costs resulting from lack of coordination. To draw attention to the hidden costs of the current system, we review three case studies, from Washington State, Los Angeles County in California, and New York City. Each case study addresses different aspects of care needed by or provided to the jail-involved population, including mental health and substance abuse, emergency care, and coordination of care transitions. Ultimately, bending the cost curve for health care and criminal justice will require greater integration of the two systems.

  13. Restorative justice in Macedonian criminal legislation and difficulties in its implementation

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2010-01-01

    Full Text Available The subject-matter of this paper is to provide an overview of the situation/ status within Macedonian criminal legislation as a concept whose introduction and implementation is of recent time. This issue is addressed at two levels: through the overview of the representation of restorative justice elements within the Macedonian criminal legislation and through foreseeing the difficulties considering the implementation of this concept. Regarding the second level the author especially focuses on the difficulties with which social work centers and local communities have to deal. In order to answer the posed questions the author used his own findings, as well as the findings to which he came during the direct contacts with representatives of respective institutions or on the grounds of materials that these institutions provided. In the conclusion, the author attempts to answer to the closing question: can we be satisfied with the accomplished in the area of restorative justice? The author attempts to answer on the grounds of certain indicators (political will, material assumptions, realized professional trainings and education. The author points out to the necessity of acting in the educational system as well on all levels with an aim to create indispensable critical mass within society that will have an upgraded awareness for peaceful resolution of the conflict situation.

  14. Information and Communication Technology to Link Criminal Justice Reentrants to HIV Care in the Community

    Directory of Open Access Journals (Sweden)

    Ann Kurth

    2013-01-01

    Full Text Available The United States has the world’s highest prison population, and an estimated one in seven HIV-positive persons in the USA passes through a correctional facility annually. Given this, it is critical to develop innovative and effective approaches to support HIV treatment and retention in care among HIV-positive individuals involved in the criminal justice (CJ system. Information and communication technologies (ICTs, including mobile health (mHealth interventions, may offer one component of a successful strategy for linkage/retention in care. We describe CARE+ Corrections, a randomized controlled trial (RCT study now underway in Washington, that will evaluate the combined effect of computerized motivational interview counseling and postrelease short message service (SMS text message reminders to increase antiretroviral therapy (ART adherence and linkage and retention in care among HIV-infected persons involved in the criminal justice system. In this report, we describe the development of this ICT/mHealth intervention, outline the study procedures used to evaluate this intervention, and summarize the implications for the mHealth knowledge base.

  15. Information and Communication Technology to Link Criminal Justice Reentrants to HIV Care in the Community.

    Science.gov (United States)

    Kurth, Ann; Kuo, Irene; Peterson, James; Azikiwe, Nkiru; Bazerman, Lauri; Cates, Alice; Beckwith, Curt G

    2013-01-01

    The United States has the world's highest prison population, and an estimated one in seven HIV-positive persons in the USA passes through a correctional facility annually. Given this, it is critical to develop innovative and effective approaches to support HIV treatment and retention in care among HIV-positive individuals involved in the criminal justice (CJ) system. Information and communication technologies (ICTs), including mobile health (mHealth) interventions, may offer one component of a successful strategy for linkage/retention in care. We describe CARE+ Corrections, a randomized controlled trial (RCT) study now underway in Washington, that will evaluate the combined effect of computerized motivational interview counseling and postrelease short message service (SMS) text message reminders to increase antiretroviral therapy (ART) adherence and linkage and retention in care among HIV-infected persons involved in the criminal justice system. In this report, we describe the development of this ICT/mHealth intervention, outline the study procedures used to evaluate this intervention, and summarize the implications for the mHealth knowledge base.

  16. The justice system for the juveniles Juveniles adjudicated for the criminal act of “theft” in Albania

    OpenAIRE

    Etilda Gjonaj Saliu

    2016-01-01

    The juvenile justice system in Albania has improved from year to year but slow movements are done in improving the whole system for the implementation of the guarantees prescribed in international acts and Albanian legislation. This article, is aiming to offer some opinions related to the justice system for the juveniles based on the statistical and qualitative data regarding the criminal policy that is used and the precautionary measures given through court decisions. This article, aims in i...

  17. 75 FR 18887 - FBI Criminal Justice Information Services Division User Fees

    Science.gov (United States)

    2010-04-13

    ... current cost of processing fingerprint identification records and name checks for noncriminal justice purposes. (2) Fee amounts and any revisions thereto shall be determined by current costs, using a method...

  18. The identification and management of ADHD offenders within the criminal justice system: a consensus statement from the UK Adult ADHD Network and criminal justice agencies.

    Science.gov (United States)

    Young, Susan J; Adamou, Marios; Bolea, Blanca; Gudjonsson, Gisli; Müller, Ulrich; Pitts, Mark; Thome, Johannes; Asherson, Philip

    2011-02-18

    The UK Adult ADHD Network (UKAAN) was founded by a group of mental health specialists who have experience delivering clinical services for adults with Attention Deficit Hyperactivity Disorder (ADHD) within the National Health Service (NHS). UKAAN aims to support mental health professionals in the development of services for adults with ADHD by the promotion of assessment and treatment protocols. One method of achieving these aims has been to sponsor conferences and workshops on adult ADHD.This consensus statement is the result of a Forensic Meeting held in November 2009, attended by senior representatives of the Department of Health (DoH), Forensic Mental Health, Prison, Probation, Courts and Metropolitan Police services. The objectives of the meeting were to discuss ways of raising awareness about adult ADHD, and its recognition, assessment, treatment and management within these respective services. Whilst the document draws on the UK experience, with some adaptations it can be used as a template for similar local actions in other countries. It was concluded that bringing together experts in adult ADHD and the Criminal Justice System (CJS) will be vital to raising awareness of the needs of ADHD offenders at every stage of the offender pathway. Joint working and commissioning within the CJS is needed to improve awareness and understanding of ADHD offenders to ensure that individuals are directed to appropriate care and rehabilitation. General Practitioners (GPs), whilst ideally placed for early intervention, should not be relied upon to provide this service as vulnerable offenders often have difficulty accessing primary care services. Moreover once this hurdle has been overcome and ADHD in offenders has been identified, a second challenge will be to provide treatment and ensure continuity of care. Future research must focus on proof of principle studies to demonstrate that identification and treatment confers health gain, safeguards individual's rights, improves

  19. The identification and management of ADHD offenders within the criminal justice system: a consensus statement from the UK Adult ADHD Network and criminal justice agencies

    Directory of Open Access Journals (Sweden)

    Pitts Mark

    2011-02-01

    Full Text Available Abstract The UK Adult ADHD Network (UKAAN was founded by a group of mental health specialists who have experience delivering clinical services for adults with Attention Deficit Hyperactivity Disorder (ADHD within the National Health Service (NHS. UKAAN aims to support mental health professionals in the development of services for adults with ADHD by the promotion of assessment and treatment protocols. One method of achieving these aims has been to sponsor conferences and workshops on adult ADHD. This consensus statement is the result of a Forensic Meeting held in November 2009, attended by senior representatives of the Department of Health (DoH, Forensic Mental Health, Prison, Probation, Courts and Metropolitan Police services. The objectives of the meeting were to discuss ways of raising awareness about adult ADHD, and its recognition, assessment, treatment and management within these respective services. Whilst the document draws on the UK experience, with some adaptations it can be used as a template for similar local actions in other countries. It was concluded that bringing together experts in adult ADHD and the Criminal Justice System (CJS will be vital to raising awareness of the needs of ADHD offenders at every stage of the offender pathway. Joint working and commissioning within the CJS is needed to improve awareness and understanding of ADHD offenders to ensure that individuals are directed to appropriate care and rehabilitation. General Practitioners (GPs, whilst ideally placed for early intervention, should not be relied upon to provide this service as vulnerable offenders often have difficulty accessing primary care services. Moreover once this hurdle has been overcome and ADHD in offenders has been identified, a second challenge will be to provide treatment and ensure continuity of care. Future research must focus on proof of principle studies to demonstrate that identification and treatment confers health gain, safeguards

  20. Community College Students with Criminal Justice Histories and Human Services Education: Glass Ceiling, Brick Wall, or a Pathway to Success

    Science.gov (United States)

    Rose, Lisa Hale

    2015-01-01

    In spite of open access to community college education, specifically human service associate degree programs, students with criminal justice histories do not necessarily have an unobstructed pathway to obtaining the degree and admission to the baccalaureate programs in human services and social work that are almost always selective. The first…

  1. Still Excluded? An Update on the Status of African American Scholars in the Discipline of Criminology and Criminal Justice

    Science.gov (United States)

    Gabbidon, Shaun L.; Greene, Helen Taylor; Wilder, Kideste

    2004-01-01

    This article reexamines the exclusion of African Americans in the discipline of criminology and criminal justice. Young and Sulton raised this issue in their important article that focused on the role of African American scholars in various aspects of the field. The article revisits several areas investigated in the original article, including the…

  2. Still Excluded? An Update on the Status of African American Scholars in the Discipline of Criminology and Criminal Justice

    Science.gov (United States)

    Gabbidon, Shaun L.; Greene, Helen Taylor; Wilder, Kideste

    2004-01-01

    This article reexamines the exclusion of African Americans in the discipline of criminology and criminal justice. Young and Sulton raised this issue in their important article that focused on the role of African American scholars in various aspects of the field. The article revisits several areas investigated in the original article, including the…

  3. Community College Students with Criminal Justice Histories and Human Services Education: Glass Ceiling, Brick Wall, or a Pathway to Success

    Science.gov (United States)

    Rose, Lisa Hale

    2015-01-01

    In spite of open access to community college education, specifically human service associate degree programs, students with criminal justice histories do not necessarily have an unobstructed pathway to obtaining the degree and admission to the baccalaureate programs in human services and social work that are almost always selective. The first…

  4. Comparison of Race-Gender, Urban-Suburban Criminal Justice College Students Satisfaction of the Police Department

    Science.gov (United States)

    Verga, Christopher; Murillo, Leo; Toulon, Errol D.; Morote, Elsa-Sofia; Perry, S. Marshall

    2016-01-01

    This quantitative study explored criminal justice college students' satisfaction with the police. 176 college students in Suffolk County, Long Island and New York City participated in a survey. The study examined the extent to which satisfaction with the local police department differs by location (urban and suburban), gender (female and male),…

  5. Substance-Abusing Parents in the Criminal Justice System: Does Substance Abuse Treatment Improve Their Children's Outcomes?

    Science.gov (United States)

    Phillips, Susan D.; Gleeson, James P.; Waites-Garrett, Melissa

    2009-01-01

    The expansion of the criminal justice system over the last several decades helped to focus attention on children of incarcerated parents, many of whom have parents with substance abuse problems. Since the 1990's, a national grassroots campaign has been underway to make substance abuse treatment an alternative to incarceration for parents who…

  6. Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

    My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...

  7. The Effectiveness of Virtual Learning Tools for Millennial Generation Students in a Community College Criminal Justice Degree Program

    Science.gov (United States)

    Snyder, Lawrence

    2013-01-01

    An analysis of data from the Community College Survey of Student Engagement and multiyear analysis of pretest/posttest scores in introductory criminal justice courses revealed there was a systemic decline in student engagement and achievement. Because of this analysis, a commercial virtual learning tool (CJI) that purported great success in…

  8. An Exploration of How Women Probation and Parole Officers Learn to Negotiate Power and Interest in the Criminal Justice System

    Science.gov (United States)

    Varner, Barbara Eileen

    2010-01-01

    The purpose of this narrative inquiry was to explore the ways women probation and parole officers learn to negotiate power and interests in the criminal justice system. The women are considered officers of the courts and work within the constraints of the court system. The framework that informed this study was a critical feminist lens on the…

  9. Attitudes toward hiring applicants with mental illness and criminal justice involvement: the impact of education and experience.

    Science.gov (United States)

    Batastini, Ashley B; Bolanos, Angelea D; Morgan, Robert D

    2014-01-01

    Individuals with mental health diagnoses, as well as those involved in the criminal justice system, experience a number of barriers in the recovery and reintegration progress, including access to stable, prosocial employment opportunities. Employment for these populations is important for establishing financial security, reducing unstructured leisure time, increasing self-worth, and improving interpersonal skills. However, research has demonstrated that individuals with psychiatric and/or criminal backgrounds may experience stigmatizing attitudes from employers that impede their ability to find adequate work. This study aimed to evaluate stigmatizing beliefs toward hypothetical applicants who indicated a mental health history, a criminal history, or both, as well as the effectiveness of psychoeducation in reducing stigma. Participants consisted of 465 individuals recruited from a large university who completed a series of online questions about a given applicant. Results of this study varied somewhat across measures of employability, but were largely consistent with extant research suggesting that mental illness and criminal justice involvement serve as deterrents when making hiring decisions. Overall, psychoeducation appeared to reduce stigma for hiring decisions when the applicant presented with a criminal history. Unfortunately, similar findings were not revealed when applicants presented with a psychiatric or a psychiatric and criminal history. Implications and limitations of these findings are presented, along with suggestions for future research.

  10. The role of criminal justice system in treating drug abusers: the Chinese experience.

    Science.gov (United States)

    Zhang, Lening; Liu, Jianhong; Huang, Kaicheng

    2011-07-01

    This study explores the role of China's criminal justice system in treating drug abusers and provides a preliminary assessment of the mandatory treatment centers administered by police and reeducation-through-labor camps managed by correction agencies in China. The exploration and assessment are conducted using data collected from recent surveys of drug users in several mandatory treatment centers and a reeducation-through-labor camp in a large city of China in 2009. The data reveal that the treatment involvement levels of drug users in these mandatory treatment centers and reeducation-through-labor camps varied and their perceptions of the treatments they had received for their recovery seem fairly positive. The implication of these findings was discussed in the context of Chinese social and legal tradition.

  11. Costs of Fetal Alcohol Spectrum Disorder in the Canadian Criminal Justice System.

    Science.gov (United States)

    Thanh, Nguyen Xuan; Jonsson, Egon

    2015-01-01

    We reviewed literature to estimate the costs of Fetal Alcohol Spectrum Disorder (FASD) in the Canadian Criminal Justice System (CJS), and to update the total costs of FASD in Canada. The results suggest FASD is costlier than previous estimates. The costs of FASD associated with the CJS are estimated at $3.9 billion a year, with $1.2 billion for police, $0.4 billion for court, $0.5 billion for correctional services, $1.6 billion for victims, and $0.2 billion for third-party. The updated total costs of FASD in Canada are $9.7 billion a year, of which CJS accounts for 40%, healthcare 21%, education 17%, social services 13%, and others 9%.

  12. To Blame or to Forgive? Reconciling Punishment and Forgiveness in Criminal Justice.

    Science.gov (United States)

    Lacey, Nicola; Pickard, Hanna

    2015-12-01

    What do you do when faced with wrongdoing-do you blame or do you forgive? Especially when confronted with offences that lie on the more severe end of the spectrum and cause terrible psychological or physical trauma or death, nothing can feel more natural than blame. Indeed, in the UK and the USA, increasingly vehement and righteous public expressions of blame and calls for vengeance have become commonplace; correspondingly, contemporary penal philosophy has witnessed a resurgence of the retributive tradition, in the modern form usually known as the 'justice' model. On the other hand, people can and routinely do forgive others, even in cases of severe crime. Evolutionary psychologists argue that both vengeance and forgiveness are universal human adaptations that have evolved as alternative responses to exploitation, and, crucially, strategies for reducing risk of re-offending. We are naturally endowed with both capacities: to blame and retaliate, or to forgive and seek to repair relations. Which should we choose? Drawing on evolutionary psychology, we offer an account of forgiveness and argue that the choice to blame, and not to forgive, is inconsistent with the political values of a broadly liberal society and can be instrumentally counter-productive to reducing the risk of future re-offending. We then sketch the shape of penal philosophy and criminal justice policy and practice with forgiveness in place as a guiding ideal.

  13. One Country, Two Cultures: Are Hong Kong Mock Jurors "Mainlandized" by the Predominant Chinese Criminal Justice Concept of Confession?

    Science.gov (United States)

    Hui, Cora Y T; Lo, T Wing

    2015-09-01

    Over-reliance on confession has had a long history in the Chinese criminal justice system. Recent high-profile wrongful conviction cases have raised public awareness of the coercive and torturous methods used to extract confessions. Despite the return of Hong Kong to Chinese sovereignty, Hong Kong remains a common law jurisdiction and the most serious criminal offences are tried by a jury. The present study empirically examines the relative impact of DNA evidence, confession, eyewitness testimony, and victim testimony in a Hong Kong-Chinese mock juror sample. The results show that the participants placed greater value on DNA evidence than on confession, and placed the lowest value on testimonial evidence. It is argued that the situation of "one country, two cultures" remains strong: Whereas participants are still influenced by the Chinese criminal justice concept of confession, their judgment is still predominately influenced by the scientific evidence as commonly practiced in the West. Thus, no solid evidence has been found to confirm the emergence of mainlandization in Hong Kong's criminal justice system.

  14. Constitutionalization of arbitration and its impact in standard legislation reform, CPP (Criminal Procedure Code and in criminal justice system

    Directory of Open Access Journals (Sweden)

    Mario Pablo Rodríguez Hurtado

    2013-12-01

    Full Text Available This article examines the close relationship between criminal procedure and constitutional law within a democratic State framework as well as the guarantees provided from a constitutional point of view in accordance with the current context of human rights globalization. Then, the author approaches us to criminal procedure main principles and guarantees, procedural models historically formed. Finally, it presents an interesting Criminal Procedural Code analysis describing guarantees, principles and procedural models recognized in our country.

  15. Characteristics of facilities with specialized programming for drinking drivers and for other criminal justice involved clients: analysis of a national database

    Directory of Open Access Journals (Sweden)

    Kubiak Sheryl

    2007-08-01

    Full Text Available Abstract Background Offering specialized programming at substance abuse treatment facilities can help diversify clientele and funding sources, potentially enhancing the facilities' ability to survive and/or expand. Past research has shown that facilities only offering specialized programming for driving under the influence/driving while intoxicated offenders (DUI are predominately private-for-profit owned. As criminal justice populations, both DUI and other criminal justice offenders, comprise a large proportion of those in community-based substance abuse treatment knowing facilities' characteristics would be important for administrators and policymakers to consider when updating programming, training staff or expanding capacity to ensure efficient use of scarce resources. However, while such characteristics are known for DUI programs, they are not known for facilities offering specialized programming for other criminal justice offenders. Methods Analysis of the 2004 US National Survey of Substance Abuse Treatment Facilities. Results Almost half the facilities (48.2% offered either DUI or other criminal justice specialized programming. These facilities were divided between those offering DUI specialized programming (17.7%, other criminal justice specialized programming (16.6% and both types of programming (13.9%. Certain characteristics were independently associated with offering DUI specialized programming (private ownership, rural location, for profit status or other criminal justice specialized programming (receiving public funds, urban location, region of country. Conclusion Offering specialized programming for DUI or other criminal justice offenders was common and associated with distinct characteristics. These observed associations may reflect the positioning of the facility to increase visibility, or diversify clientele and possibly funding streams or the decision of policymakers. As the criminal justice populations show no sign of

  16. Characteristics of facilities with specialized programming for drinking drivers and for other criminal justice involved clients: analysis of a national database.

    Science.gov (United States)

    Arfken, Cynthia L; Kubiak, Sheryl Pimlott

    2007-08-30

    Offering specialized programming at substance abuse treatment facilities can help diversify clientele and funding sources, potentially enhancing the facilities' ability to survive and/or expand. Past research has shown that facilities only offering specialized programming for driving under the influence/driving while intoxicated offenders (DUI) are predominately private-for-profit owned. As criminal justice populations, both DUI and other criminal justice offenders, comprise a large proportion of those in community-based substance abuse treatment knowing facilities' characteristics would be important for administrators and policymakers to consider when updating programming, training staff or expanding capacity to ensure efficient use of scarce resources. However, while such characteristics are known for DUI programs, they are not known for facilities offering specialized programming for other criminal justice offenders. Analysis of the 2004 US National Survey of Substance Abuse Treatment Facilities. Almost half the facilities (48.2%) offered either DUI or other criminal justice specialized programming. These facilities were divided between those offering DUI specialized programming (17.7%), other criminal justice specialized programming (16.6%) and both types of programming (13.9%). Certain characteristics were independently associated with offering DUI specialized programming (private ownership, rural location, for profit status) or other criminal justice specialized programming (receiving public funds, urban location, region of country). Offering specialized programming for DUI or other criminal justice offenders was common and associated with distinct characteristics. These observed associations may reflect the positioning of the facility to increase visibility, or diversify clientele and possibly funding streams or the decision of policymakers. As the criminal justice populations show no sign of decreasing and resources are scarce, the efficient use of

  17. Developmental Psycho- Neurological Research Trends and Their Importance for Reassessing Key Decision-Making Assumptions for Children, Adolescents, and Young Adults in Juvenile/Youth and Adult Criminal Justice Systems

    Directory of Open Access Journals (Sweden)

    Raymond Corrado

    2014-12-01

    Full Text Available One of the underlying foundations of Western criminal justice is the notion that human behavior is the product of rational choice. The creation of separate justice systems for juveniles and adults is based on the idea that fundamental differences in rationality exist between these two groups. Since its inception, the establishment of upper and lower boundaries demarking the juvenile justice system has been a highly contentious issue, both scientifically and politically. Critically, this debate stems from the largely arbitrary nature of the boundaries. Over the last thirty years a sufficiently large body of psychological and neurological empirical work has examined the development of decision-making and rational choice in late childhood, adolescents, and adulthood. The current article discusses the implications of this research on the establishment of upper and lower age jurisdictions for the juvenile justice system, as well as how adolescent decision-making influences other key aspects of the justice process such as competency to stand trial.

  18. The Researcher-Practitioner Partnership Study (RPPS): Experiences From Criminal Justice System Collaborations Studying Violence Against Women.

    Science.gov (United States)

    Sullivan, Tami P; Price, Carolina; McPartland, Tara; Hunter, Bronwyn A; Fisher, Bonnie S

    2016-06-05

    The benefits of researcher-practitioner (R-P) collaborations focused on violence against women (VAW) are many. Such projects support researchers and practitioners working together to create uniquely comprehensive projects that have the potential to change practices, policies, and services. Extant literature is limited in that it has (a) focused on the experiences of a very limited number of collaborations, (b) ignored collaborations conducted in the context of the criminal justice system, and (c) excluded as a focus the products that result from the collaborations and their dissemination. Therefore, the goal of this qualitative study is to identify the essential elements to consider for successful R-P collaborations on VAW research in the criminal justice system.

  19. Incarceration and sexual risk: examining the relationship between men's involvement in the criminal justice system and risky sexual behavior.

    Science.gov (United States)

    Knittel, Andrea K; Snow, Rachel C; Griffith, Derek M; Morenoff, Jeffrey

    2013-10-01

    In this study, we used data from Add Health Waves II and III to compare men who had been incarcerated to those who had not, and examined whether incarceration was associated with increased numbers of sexual partners and increased odds of concurrent partnerships. We used multivariate regression and propensity-score matching to compare sexual behavior of Wave III male respondents who had been incarcerated with those who had not, and compared sexual behavior at Wave II to identify differences in sexual behavior prior to incarceration. Incarceration was associated with an increased rate of lifetime sexual partnership, but this was attenuated by substance use. Criminal justice involvement was associated with increased odds of having partners who report concurrent partnerships, but no further increase was seen with incarceration. There were no significant sexual behavior differences prior to incarceration. These results suggest that the criminal justice system and substance use may interact to shape sexual behavior.

  20. Radbruch Redux : The need for revisiting the conversation between common and civil law at root level at the example of international criminal justice

    NARCIS (Netherlands)

    Bohlander, Michael

    2011-01-01

    International criminal justice is based to a large extent on extrapolations from criminal-law research on domestic systems. The difficult exercise of arriving at a common denominator is exacerbated by the systemic dichotomy of the so-called common-law and civil-law models, which, in turn, have now b

  1. The case of Scott Ortiz: a clash between criminal justice and public health

    Directory of Open Access Journals (Sweden)

    Tobia Maria S

    2006-07-01

    Full Text Available Abstract The criminal justice system creates particular challenges for persons with HIV and Hepatitis C, many of whom have a history of injection drug use. The case of Scott Ortiz, taken from public trial and sentencing transcripts, reveals the manner in which incarceration may delay learning of important health problems such as Hepatitis C infection. In addition, the case of Mr. Ortiz suggests the bias in sentencing that a former injection drug user may face. Collaboration between the Montefiore Medical Center residency in Social Medicine and a Bronx legal services agency, Bronx Defenders, yielded the discovery that a decade after diagnosis with HIV and after long term incarceration, Mr. Ortiz was infected with Hepatitis C. Mr. Ortiz only became aware of his advanced Hepatitis C and liver damage during his trial. The second important aspect of this case centers on the justification for lengthy sentence for a burglary conviction. The presiding Judge in Mr. Ortiz's case acknowledged that because of his advanced illness, Mr. Ortiz posed no threat to society as a burglar (the crime for which he was convicted. But the Judge elected to use his discretion to sentence Mr. Ortiz to a term of 15 years to life (as opposed to a minimum of two to four years based on the idea that the public health would be served by preventing Mr. Ortiz from returning to the life of a street addict, sharing dirty needles with others. Mr. Ortiz reports distant injection drug use, no evidence of current or recent drug use was presented during Mr. Ortiz's trial and he reports no injection drug use for over a decade. In this case, bias against a former injection drug user, masquerading as concern for public health, is used to justify a lengthier sentence. Mr. Ortiz's lack of awareness of his Hepatitis C infection despite long term incarceration, combined with the justification for his dramatically increased sentence, provide examples of how persons within the criminal justice

  2. The Role of the Criminal Law and The Criminal Process in Healthcare Malpractice in France and England

    OpenAIRE

    Melinee Kazarian

    2013-01-01

    This thesis seeks to contribute to the debate about the role of the criminal law in holding health professionals and health institutions to account for malpractice. The research attempts a critical comparison of the role of the criminal law and the criminal process in healthcare malpractice in France, a civil law jurisdiction, and England, a common law jurisdiction. In France, the criminal process is more readily invoked to address failings and malpractice in healthcare. The aim of this resea...

  3. "Symptoms of something all around us": Mental health, Inuit culture, and criminal justice in Arctic communities in Nunavut, Canada.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2016-09-01

    Rehabilitation-oriented criminal court mental health initiatives to reduce the number of people with mental illness caught in the criminal justice system exist in many North American cities and elsewhere but not in the mainly Inuit Canadian Arctic territory of Nunavut. This study explores whether the therapeutic aims of these resource-intensive, mainly urban initiatives can be achieved in criminal courts in Nunavut's resource constrained, culturally distinct and geographically remote communities. A qualitative multiple-case study in the communities of Iqaluit, Arviat and Qikiqtarjuaq involved 55 semi-structured interviews and three focus groups with participants representing four sectors essential to these initiatives: justice, health, community organizations and community members. These interviews explored whether the therapeutic jurisprudence (TJ) principles that guide criminal court mental health initiatives and the component objectives of these principles could be used to improve the criminal court response to people with mental illness in Nunavut. Interviews revealed 13 themes reflecting perceptions of Inuit culture's influence on the identification of people with mental illness, treatment, and collaboration between the court and others. These themes include cultural differences in defining mental illness, differences in traditional and contemporary treatment models, and the importance of mutual cultural respect. The findings suggest Inuit culture, including its recent history of cultural disruption and change, affects the vulnerability of Nunavut communities to the potential moral and legal pitfalls associated with TJ and criminal court mental health initiatives. These pitfalls include the dominance of biomedical approaches when identifying a target population, the medicalization of behaviour and culture, the risk of "paternalism" in therapeutic interventions, and shortcomings in interdisciplinary collaboration that limit considerations of Inuit culture. The

  4. Fairness decisions in response to emotions: a functional MRI study among criminal justice-involved boys with conduct disorder.

    Science.gov (United States)

    Klapwijk, Eduard T; Lelieveld, Gert-Jan; Aghajani, Moji; Boon, Albert E; van der Wee, Nic J A; Popma, Arne; Vermeiren, Robert R J M; Colins, Olivier F

    2016-04-01

    Research suggests that individuals with conduct disorder (CD) are marked by social impairments, such as difficulties in processing the affective reactions of others. Little is known, though, about how they make decisions during social interactions in response to emotional expressions of others. In this study, we therefore investigated the neural mechanisms underlying fairness decisions in response to communicated emotions of others in aggressive, criminal justice-involved boys with CD (N = 32) compared with typically developing (TD) boys (N = 33), aged 15-19 years. Participants received written emotional responses (angry, disappointed or happy) from peers in response to a previous offer and then had to make fairness decisions in a version of the Dictator Game. Behavioral results showed that CD boys did not make differential fairness decisions in response to the emotions, whereas the TD boys did show a differentiation and also responded more unfair to happy reactions than the CD boys. Neuroimaging results revealed that when receiving happy vs disappointed and angry reactions, the CD boys showed less activation than the TD boys in the temporoparietal junction and supramarginal gyrus, regions involved in perspective taking and attention. These results suggest that boys with CD have difficulties with processing explicit emotional cues from others on behavioral and neural levels. © The Author (2016). Published by Oxford University Press. For Permissions, please email: journals.permissions@oup.com.

  5. Education and Criminal Justice Faculty Value Electronic Serials over Print to Support Professional Activities

    Directory of Open Access Journals (Sweden)

    Sue F. Phelps

    2016-12-01

    Full Text Available A Review of: Jones, G. F., Cassidy, E. D., McMain, L., Strickland, S. D., Thompson, M., & Valdes, Z. (2015. Are serials worth their weight in knowledge? A value study. The Journal of Academic Librarianship, 41(5, 578-582. http://dx.doi.org/10.1016/j.acalib.2015.07.004 Objective – To determine the faculty assessed value of print and electronic serials. Design – Qualitative survey. Setting – Doctoral research institution in the southern United States of America. Subjects – 122 tenured or tenure-track faculty from the School of Criminal Justice and the School of Education. Methods – A survey was designed to measure the value of online and print serials for key faculty activities: research, publishing, course preparation and development, service, and personal interests. Measures included: recentness of use, the extent to which library journals supported work in the key activities (minor, moderate, or major, requirement of students to use online or print journals in their courses, cancellations of personal journal subscriptions in favor of library subscriptions, and travel to other libraries to use library journals.

  6. Developing employment services for criminal justice clients enrolled in drug user treatment programs.

    Science.gov (United States)

    Kemp, Kathleen; Savitz, Barry; Thompson, William; Zanis, David A

    2004-01-01

    Approximately 80% of parolees have a history of substance abuse and nearly all are unemployed following release from prison. Common stipulations of parole require offenders to obtain employment and to not use mood-altering substances. This article explores a series of strategies implemented from 1999 to 2001 to help offenders paroled to substance user treatment to gain employment. A total of 245 paroled offenders enrolled in an outpatient substance abuse treatment program voluntarily agreed to participate in one of four different vocational intervention programs (Job Skill Development and Supported Work, Life Skill Development, Job Training, and Welfare to Work). Programmatic data (e.g., attendance, completion, job acquisition, and wage) were collected and reported for each of the vocational programs. Additionally, a 12-month pilot study examined criminal justice, substance use, and employment outcomes of 36 offenders referred to the job skill development and supported work project. Overall, 78% of the offenders enrolled in the vocational services completed the program and 134/245 (55%) were able to obtain employment. The data showed that completion of vocational services was strongly associated with obtaining employment 12 months postenrollment. Offenders identified the employment services as an integral part of their improved overall functioning. A series of practice recommendations and policy suggestions is offered to develop and manage vocational services for substance-using offenders. Employment services for parolees require considerable coordination of activities with parole officers, vocational programs, substance abuse treatment professionals, and funding systems.

  7. Reentry Program and Social Work Education: Training the Next Generation of Criminal Justice Social Workers.

    Science.gov (United States)

    Franke, Nancy D; Treglia, Dan; Cnaan, Ram A

    2017-09-13

    Social work plays a marginal role in opposing the trend of mass incarceration and high rates of recidivism, and social work education offers limited opportunities for students to specialize in working with people who are currently or were previously incarcerated. How to train students of social work to work against mass-incarceration is still challenging. The authors devised and implemented an in-school social service agency devoted to working with people pre and post release from a prison system. The agency is a field practicum setting where interested students study and practice reentry work. In this article, the authors describe and assess the educational merit of this in-school agency. Findings from surveys of students and alumni suggest that the program attained its educational goals of connecting classroom education to practice experience and training students for careers in the criminal justice system. The authors also discuss pending challenges. The experience of the Goldring Reentry Initiative suggests that by developing their own social work agencies, the authors may be able to heighten their students educational experience and expand their contribution to social work practice broadly.

  8. The International Criminal Court and the Place of Africa in International Justice System

    Directory of Open Access Journals (Sweden)

    Juliet Amarachi Ofodeme

    2015-11-01

    Full Text Available Human rights have been flouted indiscriminately and deliberately in the international system. To that effect, the ICC was established to ensure that perpetrators of massive and systematic violations of human rights are brought to justice in the international system. The aim of this paper is to examine the effectiveness of the International Criminal Court in the discharge of its mandate in the global system. The central argument in the paper is that the ICC has made significant progress in the prosecution of some cases, but all in Africa. Meanwhile, there are cases within its jurisdiction that have been ignored in other parts of the world, especially when advanced countries are involved. Neoliberalism was adopted as the theoretical framework. The study adopted secondary method of data collection. The data was content analyzed. It was established that the ICC is faced with challenges and that the long term viability depends on how successfully it overcomes its challenges. This study advocates for: first, fairness in the UNSC referrals.  Second, America’s taming of its unilateralism. Third, financial contributions without string attached. Fourth, United States ratification of the Rome Treaty; and fifth, ICC prosecution of all the cases within its jurisdiction in every part of the globe.

  9. Labeling and intergenerational transmission of crime: The interaction between criminal justice intervention and a convicted parent

    Science.gov (United States)

    Farrington, David P.; Bijleveld, Catrien C. J. H.

    2017-01-01

    Labeling theory suggests that criminal justice interventions amplify offending behavior. Theories of intergenerational transmission suggest why children of convicted parents have a higher risk of offending. This paper combines these two perspectives and investigates whether labeling effects might be stronger for children of convicted parents. We first investigated labeling effects within the individual: we examined the impact of a conviction between ages 19–26 on self-reported offending behavior between 27–32 while controlling for self-reported behavior between 15–18. Our results show that a conviction predicted someone’s later self-reported offending behavior, even when previous offending behavior was taken into account. Second, we investigated whether having a convicted parent influenced this association. When we added this interaction to the analysis, a labeling effect was only visible among people with convicted parents. This supports the idea of cumulative disadvantage: Labeling seems stronger for people who are already in a disadvantaged situation having a convicted parent. PMID:28273104

  10. the Construction of Criminal Justice Case Guiding System of China%我国刑事司法案例指导制度的构建设想

    Institute of Scientific and Technical Information of China (English)

    赖彦西

    2013-01-01

    将中国刑事司法案例指导制度作为制定法的补充,对维护法的统一性、安定性,实现社会公平、正义具有重要的意义。文章分别就刑事司法指导性案例的遴选、刑事司法指导性案例的创制主体、刑事司法指导性案例的公布及备案、刑事司法指导性案例的适用和刑事司法指导性案例的废止与修改五个方面,提出粗略设想。%Criminal justice guiding system as a supplement should be constructed so as to give full scope to the positive role of the latter in criminal and judicial activities.This paper suggests ideas of the selection of criminal Justice guiding case,the principal part of creating criminal Justice guiding case,the promulgation and record of criminal Justice guiding case,the repeal and revision of criminal Justice guiding case.

  11. MAPIT: development of a web-based intervention targeting substance abuse treatment in the criminal justice system.

    Science.gov (United States)

    Walters, Scott T; Ondersma, Steven J; Ingersoll, Karen S; Rodriguez, Mayra; Lerch, Jennifer; Rossheim, Matthew E; Taxman, Faye S

    2014-01-01

    Although drug and alcohol treatment are common requirements in the U.S. criminal justice system, only a minority of clients actually initiate treatment. This paper describes a two-session, web-based intervention to increase motivation for substance abuse treatment among clients using illicit substances. MAPIT (Motivational Assessment Program to Initiate Treatment) integrates the extended parallel process model, motivational interviewing, and social cognitive theory. The first session (completed near the start of probation) targets motivation to complete probation, to make changes in substance use (including treatment initiation), and to obtain HIV testing and care. The second session (completed approximately 30days after session 1) focuses on goal setting, coping strategies, and social support. Both sessions can generate emails or mobile texts to remind clients of their goals. MAPIT uses theory-based algorithms and a text-to-speech engine to deliver custom feedback and suggestions. In an initial test, participants indicated that the program was respectful, easy to use, and would be helpful in making changes in substance use. MAPIT is being tested in a randomized trial in two large U.S. probation agencies. MAPIT addresses the difficulties of many probation agencies to maximize client involvement in treatment, in a way that is cost effective and compatible with the existing service delivery system.

  12. Individuals in the criminal justice system show differences in cooperative behaviour: Implications from cooperative games.

    Science.gov (United States)

    Clark, Brendan C; Thorne, Christopher B; Hendricks, Peter S; Sharp, Carla; Clark, Shane K; Cropsey, Karen L

    2015-07-01

    The high rate of incarceration in the USA warrants continued exploration into understanding and ameliorating criminal behaviour. The growing use of cooperative games to measure developing prosocial behaviours has never been explored in a US criminal justice population. The aim of this study is to examine cooperative game play among offenders under supervision in the community. We hypothesised that the offenders would use more guarded and self-preserving strategies and be more likely to excel in short-lived interactions than law-abiding community citizens. Community supervised offenders (83) and general population comparison participants (41) were recruited by town centre adverts placed in popular shops. Using the supervision centres as venues, all participants were asked to complete four cooperative games (prisoner's dilemma, public goods game, ultimatum game and trust game), not knowing the identity of the other player who was always, in fact, the experimenter. The offender and general population groups were similar in age (early 30s), sex (2/3 men), race (45% white) and IQ distribution (low average range). Offenders made lower offers in the ultimatum game, had lower scores in the prisoner's dilemma, made lower investments and offered lower returns in the trust game and contributed less in the public goods game. Even community-based offenders thus seem to have deficits in the kinds of gameplay, which are informed by theories of social cooperation, but the direction of relationship with offending remains unclear. The apparent deficits may reflect adaptation to a hostile environment where trust and reciprocity are not rewarded. It is also important to recognise that these community-based offenders did develop play indicative of trust and reciprocity, they just did so more slowly than the comparison group. This may have implications for allowing time for rapport to develop in supervisory relationships. Finally, offenders may benefit from learning that although more

  13. Technology use in linking criminal justice reentrants to HIV care in the community: a qualitative formative research study.

    Science.gov (United States)

    Peterson, James; Cota, Michelle; Gray, Holly; Bazerman, Lauri; Kuo, Irene; Kurth, Ann; Beckwith, Curt

    2015-01-01

    Innovative interventions increasing linkage, adherence, and retention in care among HIV-infected persons in the criminal justice system are needed. The authors conducted a qualitative study to investigate technology-based tools to facilitate linkage to community-based care and viral suppression for HIV-infected jail detainees on antiretroviral medications being released to the community. The authors conducted 24 qualitative interview-12 in Rhode Island and 12 in Washington, DC-among recently incarcerated HIV-infected persons to elicit their perceptions on the use of technology tools to support linkage to HIV care among criminal justice populations. This article discusses participants' perceptions of the acceptability of technological tools such as (a) a computer-based counseling and (b) text messaging interventions. The participants reported positive experiences when previewing the technology-based tools to facilitate linkage to HIV care and adherence to HIV medications. Successful linkage to care has been shown to improve HIV-associated and non-HIV-associated health outcomes, as well as prevent criminal recidivism and facilitate reentrants' successful and meaningful transition. These findings can be used to inform the implementation of interventions aimed at promoting adherence to antiretroviral medications and linkage to care for HIV-infected persons being released from the correctional setting.

  14. Public opinion on lay participation in the criminal justice system of the Netherlands Some tentative findings from a panel survey

    Directory of Open Access Journals (Sweden)

    Albert Klijn

    2007-12-01

    Full Text Available In the Netherlands the recent debate on lay involvement in the administration of criminal justice was initiated by politicians who maintain that the public favours such involvement. The response of the judiciary and legal academics to these politicians has been fairly defensive. They have pointed in particular to the dangers of the punitive character of the vox populi and rejected the idea. As a result, the debate on lay involvement has quickly become a black and white issue. This article presents the findings of a recent research of the Netherlands Council for the Judiciary and the Research and Documentation Centre of the Dutch Ministry of Justice regarding the opinion of the public on different kinds of lay involvement under different conditions. This research shows that both the position of the politicians that favour lay involvement in the administration of criminal justice and the position of the judiciary and legal academics that reject lay involvement are to a relatively large degree unrepresentative of the wishes and views of the public.

  15. Race and Medication Adherence Moderate Cessation Outcomes in Criminal Justice Smokers

    Science.gov (United States)

    Cropsey, Karen L.; Clark, C. Brendan; Zhang; Hendricks, Peter S.; Jardin, Bianca F.; Lahti, Adrienne C.

    2015-01-01

    Introduction Smokers in the criminal justice system represent some of the most disadvantaged smokers in the U.S., as they have high rates of smoking (70%–80%) and are primarily uninsured with low access to medical interventions. Few studies have examined smoking cessation interventions in racially diverse smokers and none have examined these characteristics among individuals supervised in the community. The purpose of this study is to determine if four sessions of standard behavioral counseling for smoking cessation would differentially aid smoking cessation for African American versus non-Hispanic white smokers under community corrections supervision. Design An RCT. Setting/participants Five hundred smokers under community corrections supervision were recruited between 2009 and 2013 via fliers posted at the community corrections offices. Intervention All participants received 12 weeks of bupropion plus brief physician advice to quit smoking. Half of the participants received four sessions of 20–30 minutes of smoking cessation counseling following tobacco treatment guidelines, while half received no additional counseling. Main outcome measures Generalized estimating equations were used to determine factors associated with smoking abstinence across time. Analyses were conducted in 2014. Results The end-of-treatment abstinence rate across groups was 9.4%, with no significant main effects indicating group differences. However, behavioral counseling had a differential effect on cessation: whites who received counseling had higher quit rates than whites who did not receive counseling. Conversely, African Americans who did not receive counseling had higher average cessation rates than African Americans who received counseling. Overall, medication-adherent African American smokers had higher abstinence rates relative to other smokers. Conclusions Racial disparities in smoking cessation are not evident among those who are adherent to medication. More research is needed

  16. On the Causes of Deficit Public Acceptance in Criminal Justice%论刑事司法公众认同缺失的原因

    Institute of Scientific and Technical Information of China (English)

    庄乾龙

    2012-01-01

    行政与司法的二元化模式是刑事司法公众认同缺失的制度原因。立法的精英化与司法评价的平民化是刑事司法公众认同缺失的主体原因。刑事判决技术化过剩而判决伦理化缺失是刑事司法公众认同缺失的法律原因。%Administration violation and criminal justice are independent structures in China which cause deficit public acceptance of criminal justice. Legislation falls in the hands of some elites while assessment of justice are carried out among the general public, which is another cause of deficit public acceptance of criminal justice. The legal cause for deficit public acceptance of criminal justice is the fact that criminal judgment is specialized and the public can not express their ethical feelings.

  17. Validity of self-reported criminal justice system involvement in substance abusing women at five-year follow-up

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    Hesse Morten

    2008-01-01

    Full Text Available Abstract Background Few studies have compared self-reported criminal behaviour with high-quality databases of criminal offences and judicial sanctions. Self-reported problems from drug abusers are generally believed to be valid. We assessed the validity of self-reported theft, drug offences and prison sentences from a five-year follow-up of female substance abusers who were originally treated in a compulsory care unit in Lund, run by the Swedish Board of Institutional Care. Methods Data from a total of 106 of a consecutive sample of 132 women inter-viewed in a five-year follow-up. All were thoroughly assessed for somatic complaints, psychiatric and psychological problems, background factors with standardized instruments. Data over the five years were linked to official records of judicial sanctions, retrieved from The National Council for Crime Prevention, Stockholm, Sweden. Register data have a full cover for the whole cohort. The current data base contain full data back to 1975 up to 2004. Results Agreement was assessed for each year, as well as for the total period. Statistical control was performed for other types of crimes and prison. Although statistically significant, agreement was modest, and in contrast to previous studies, patients under-reported violence charges. Conclusion The findings suggest that self-reports of criminal behaviour from women can be used with some caution, and that the validity of self-report may vary between types of criminal justice system involvement.

  18. Replicating MISTERS: an epidemiological criminology framework analysis of a program for criminal justice-involved minority males in the community.

    Science.gov (United States)

    Potter, Roberto Hugh; Akers, Timothy A; Bowman, Daniel Richard

    2013-01-01

    The Men in STD Training and Empowerment Research Study (MISTERS) program and epidemiological criminology began their development in Atlanta at about the same time. MISTERS focuses on men recently released from jail to reduce both HIV/STD and crime-related risk factors through a brief educational intervention. This article examines ways in which MISTERS and epidemiological criminology have been used to inform one another in the replication of the MISTERS program in Orange County, Florida. Data from 110 MISTERS participants during the first 10 months of operation are analyzed to examine the overlapping occurrence of health and criminal risk behaviors in the men's lives. This provides a test of core hypotheses from the epidemiological criminology framework. This article also examines application of the epidemiological criminology framework to develop interventions to address health and crime risk factors simultaneously in Criminal Justice-Involved populations in the community.

  19. Romance, recovery & community re-entry for criminal justice involved women: Conceptualizing and measuring intimate relationship factors and power.

    Science.gov (United States)

    Walt, Lisa C; Hunter, Bronwyn; Salina, Doreen; Jason, Leonard

    Researchers have suggested that interpersonal relationships, particularly romantic relationships, may influence women's attempts at substance abuse recovery and community re-entry after criminal justice system involvement. The present paper evaluates relational and power theories to conceptualize the influence of romantic partner and romantic relationship qualities on pathways in and out of substance abuse and crime. The paper then combines these conceptualizations with a complementary empirical analysis to describe an ongoing research project that longitudinally investigates these relational and power driven factors on women's substance abuse recovery and community re-entry success among former substance abusing, recently criminally involved women. This paper is designed to encourage the integration of theory and empirical analysis by detailing how each of these concepts are operationalized and measured. Future research and clinical implications are also discussed.

  20. Procedural justice and quality of life in compensation processes

    NARCIS (Netherlands)

    Elbers, N.A.; Akkermans, A.J.; Cuijpers, P.; Bruinvels, D.J.

    2013-01-01

    .001). Having trunk/back injury was negatively related to procedural justice (b = =-.25, p = .001). Whiplash injury and length of time involved in the claim process were not associated with any of the justice scales. Finally, procedural justice was found to be positively correlated with quality of l

  1. Beyond the Criminal Arena: The Justice Studies Program at Winston-Salem State University

    Science.gov (United States)

    Harvey, Lynn K.; Mitchell, Alvin D.

    2006-01-01

    The justice studies program at Winston-Salem State University (WSSU) is designed to produce a new breed of justice practitioners whose understanding of justice and its administration is broadened to include the political, social, economic, and cultural conditions within which issues of crime and punishment are pursued and addressed. While it…

  2. Matar a un ruiseñor: la Criminal Justice Act inglesa de 2003 y el non bis in idem

    OpenAIRE

    Tenorio D., Luis Felipe

    2012-01-01

    On January 3, 2012, a judgment was pronounced in England that has shaken British and American scholars. This judgment was based on a law authorizing English courts to skip in certain cases some of the principles of law that are considered extremely valuable, such as double jeopardy, res judicata, and non-retroactivity. The statute on which the opinion is based is the Criminal Justice Act 2003, and, even though it was not applied for the first time in January of 2012, the 2012 judgment is symb...

  3. Matar a un ruiseñor: la Criminal Justice Act inglesa de 2003 y el non bis in idem

    OpenAIRE

    Tenorio D, Luis Felipe

    2012-01-01

    On January 3, 2012, a judgment was pronounced in England that has shaken British and American scholars. This judgment was based on a law authorizing English courts to skip in certain cases some of the principles of law that are considered extremely valuable, such as double jeopardy, res judicata, and non-retroactivity. The statute on which the opinion is based is the Criminal Justice Act 2003, and, even though it was not applied for the first time in January of 2012, the 2012 judgment is symb...

  4. Selecting a Method of Case Identification to Estimate the Involvement of People With Mental Illnesses in the Criminal Justice System: A Research Note.

    Science.gov (United States)

    Morabito, Melissa S; Wilson, Amy Blank

    2017-06-01

    Arrest and incarceration are a pervasive reality for people with mental illnesses. Wide variation, however, exists in the estimates of the percentage of people with mental illnesses who become involved in the criminal justice system. Researchers and practitioners need a variety of methods in their toolbox to maximize their ability to identify mental illness depending on available resources and needs. Yet, the benefits and costs of utilizing these different approaches have yet to be explored in the criminal justice literature. To begin exploring the utility of the different methods of case identification, we review the most commonly used approaches to identifying people with mental illnesses and end with a detailed examination of the use of behavior health records. The use of behavioral health records is a case identification method that has gained emerging support in criminal justice research in recent years.

  5. Incarceration history relative to health, substance use, and violence in a sample of vulnerable South African women: implications for health services in criminal justice settings

    Directory of Open Access Journals (Sweden)

    Johnson JE

    2012-02-01

    Full Text Available Jennifer E Johnson1, Tara Carney2, Tracy Kline3, Felicia A Browne4, Wendee M Wechsberg41Department of Psychiatry and Human Behavior, Brown University, Providence, RI, USA; 2Alcohol and Drug Abuse Research Unit, Medical Research Council, Cape Town, South Africa; 3Statistics and Epidemiology, RTI International, Research Triangle Park, NC, USA; 4Substance Abuse Treatment Evaluations and Interventions, RTI International, Research Triangle Park, NC, USAAbstract: International research has suggested that women in the criminal justice system carry a higher burden of many illnesses than women in the community, especially mental health disorders, substance use disorders, sexually transmitted infections, and a history of violent victimization. Knowledge of these health disparities is often used to advocate for relevant screening and treatment services for women passing through criminal justice custody within US and European settings. However, almost all criminal justice health research has taken place in high-income countries, with little or no research taking place in other countries, especially in South Africa. This baseline analysis compares the health, substance use, and violent victimization of women who have ever been incarcerated to those who have not, in a cross-sectional sample of 720 young, vulnerable, substance-using women in Cape Town, South Africa. Results of univariate tests indicated that women who had ever been incarcerated had worse health, mental health, and sexually transmitted infection indicators and were more likely to report use of substances and to have been victims of physical and sexual assault than women who had never been incarcerated. Passing through the criminal justice system appears to be a marker for a variety of current and/or future health service needs among vulnerable South African women, suggesting that screening, prevention, and treatment referral efforts at the time of intersection with the criminal justice system

  6. Pre- and Post-Trial Equality in Criminal Justice in the Context of the Separation of Powers

    Directory of Open Access Journals (Sweden)

    L Wolf

    2011-08-01

    Full Text Available The previous Westminster criminal justice system entailed a different kind of separation of powers insofar as it concerns the role of state prosecutors. In the Westminster system prosecutors are part of the executive branch, whereas they were a split-off from the judiciary in constitutional states and function like a de facto second organ of the third branch of state power. Currently executive interference in state prosecutions often leads to pre-trial inequality. A further difficulty arises from the unconsidered manner in which the former royal prerogative of pardoning was retained in the Constitution of the Republic of South Africa, 1996. It used to be a royal veto of judicial sentences in the constitutional monarchy of the former Westminster model. Although the corresponding veto of parliamentary legislation by the head of state did not survive into modern times, the pardoning power has not been discontinued. Section 84(2(j thus causes an irreconcilable conflict with section 165(5 of the Constitution which guarantees the legally binding force of judicial decisions. It undermines the rule of law and leads to post-trial inequality in the execution of sentences. The parole system, which dates back to 1959, likewise allows the executive to overrule judicial sentences and is in conflict with section 165(5. The perpetuation of the status quo in criminal justice is in effect leading to a re-Westminstering of the constitutional state.

  7. Can a Patriarchal World Be Corrected by a Criminal Law? Feminist Struggles, Penal Justice and Legal Reform in France (1970–1980

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    Jean Bérard

    2016-03-01

    Full Text Available This article describes (1 the relationship between the demands made by feminist movements of the 1970s in cases of sexual violence and criticism of the criminal justice system by these movements and other groups, including the prisoners’ movement; and (2 the relationship between this debate and the legal process of reforming the definition and punishment of rape. Two periods are analyzed. In the early 1970s, the common cause of very different movements targeting the law was the priority given to the defense against forms of repression and disciplinary institutions. After 1975, the demands of feminist and prisoner movements diverged and even conflicted. One camp called for an offensive approach to changing the legal punishment of rape whereas the other camp fought against penal reforms imposed by the government and, more specifically, against long sentences.

  8. Development of Restorative Justice in China: Theory and Practice

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    Yinzhi Shen

    2016-12-01

    Full Text Available Restorative justice has become a global social movement for criminal justice reform, with over eighty countries adopting some form of restorative justice program to tackle their crime problems. The theory of restorative justice was introduced to the Chinese academia in 2002. So far, various restorative justice programs have been developed in China. This paper aims to systematically review the development of restorative justice in China by analyzing academic literature on restorative justice and key legislative documentations. Major debates in restorative justice among Chinese scholars and a review of the indigenous restorative justice practice, criminal reconciliation (Xingshi Hejie, are provided. The study also analyzes the impetus of this soaring popularity of restorative justice in China, considering the macro social, political and legal background. Last but not least, a review of the major evaluation studies of current programs reveals that little is known about the process of various restorative justice programs from the parties’ own perspective.

  9. “The Mad”, “The Bad”, “The Victim”: Gendered Constructions of Women Who Kill within the Criminal Justice System

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    Siobhan Weare

    2013-09-01

    Full Text Available Women commit significantly fewer murders than men and are perceived to be less violent. This belief about women’s non-violence reflects the discourses surrounding gender, all of which assume that women possess certain inherent essential characteristics such as passivity and gentleness. When women commit murder the fundamental social structures based on appropriate feminine gendered behaviour are contradicted and subsequently challenged. This article will explore the gendered constructions of women who kill within the criminal justice system. These women are labelled as either mad, bad or a victim, by both the criminal justice system and society, depending on the construction of their crime, their gender and their sexuality. Symbiotic to labelling women who kill in this way is the denial of their agency. That is to say that labelling these women denies the recognition of their ability to make a semi-autonomous decision to act in a particular way. It is submitted that denying the agency of these women raises a number of issues, including, but not limited to, maintaining the current gendered status quo within the criminal law and criminal justice system, and justice both being done, and being seen to be done, for these women and their victims.

  10. Gaols or De Facto Mental Institutions? Why Individuals with a Mental Illness Are Over-Represented in the Criminal Justice System in New South Wales, Australia

    Science.gov (United States)

    Henderson, Corinne

    2007-01-01

    The over-representation of people with mental illness in the criminal justice system highlights the need for legislative reform and the implementation of programs breaking the cycle of mental illness, poverty, unemployment and substance abuse across Australia. Whilst there is no inherent association between mental illness and crime, there is a…

  11. Second Annual Evaluation of DCJS Funded School Resource Officer Programs. Report of the Department of Criminal Justice Services, Fiscal Year 1999-2000.

    Science.gov (United States)

    Schuiteman, John G.

    This evaluation report is the second publication from the Virginia Department of Criminal Justice Services' (DCJS) ongoing evaluation of the Virginia School Resource Officer (SRO) program. The findings are based on data submitted by 78 local SRO programs, all of which were awarded grants of federal or state monies from DCJS. The findings are…

  12. Climbing down the steps from the ivory tower: how UK academics and criminal justice practitioners need to work together on alcohol studies.

    Science.gov (United States)

    Newbury-Birch, Dorothy; McGeechan, Grant J; Holloway, Aisha

    2016-09-12

    Purpose Evidence in the UK tells us that risky drinking is high amongst those in contact with the criminal justice system. The purpose of this paper is to explore the reasons why carrying out research around risky drinking in this setting is so difficult. Design/methodology/approach A commentary on the issues of carrying out research in the criminal justice setting. Findings There are issues of carrying out research in the criminal justice setting. The authors argue, that as academics we can be more proactive in working with practitioners in the design and carrying out of studies. By examining what the primary outcome of interest is to those that work in the field rather than what funding agencies tell us academics must use, academics may engage in a more co-productive way that enables everyone to achieve what they need. Moreover more work is needed to show how this approach can be achieved both in the UK and internationally. Originality/value This editorial explores some of the difficulties of carrying out alcohol research in the criminal justice system and postulates ways that this could be made easier.

  13. JUSTICIA RESTAURATIVA Y PROCESO PENAL GARANTÍAS PROCESALES: LÍMITES Y POSIBILIDADES RESTORATIVE JUSTICE AND CRIMINAL JUSTICE PROCEDURAL SAFEGUARDS: LIMITS AND POSSIBILITIES

    Directory of Open Access Journals (Sweden)

    Alejandra Mera González-Ballesteros

    2009-01-01

    Full Text Available Hace ya más de tres décadas que se han venido implementando en diversas jurisdicciones programas de justicia restaurativa en el ámbito de la justicia penal, especialmente en los sistemas de justicia penal juvenil, ofreciendo una alternativa de resolución orientada a la reparación, desjudicialización y el diálogo entre los directamente involucrados en el conflicto. Este vertiginoso desarrollo ha precedido generalmente a la regulación legal y al debate sobre estándares y garantías procesales que deben orientar estos programas. Sin embargo, a medida que los programas de justicia restaurativa han ganado terreno y se han propuesto como mecanismos de resolución en casos de mayor gravedad y de criminalidad adulta, la necesidad de establecer estándares legales se ha hecho urgente. Hasta ahora, a nivel comparado, no existe acuerdo sobre la necesidad o el contenido de las garantías procesales aplicables a los programas de justicia restaurativa. Este trabajo propone que es necesario establecer estándares procesales claros en la implementación de estos programas, pero a su vez, que ellos deben adecuarse a los principios y fines que ésta persigue.Since more than thirty years, many countries have implemented restorative justice programmes to deal with criminal matters, especially with young offenders. This programmes offer different ways to deal with the aftermaths of a crime, through diversion, reparation and the active participation of those involved in the conflict. This dramatic development has occurred, though, without broad legal regulations or deep debates regarding procedural safeguards and standards. Nevertheless, as restorative justice programmes grow and are being used to deal with serious offences and adult offenders, the need for the setting of safeguards is pressing. Until now, there is not agreement in the literature regarding the specific content of procedural safeguards for restorative justice. This paper suggests that

  14. The Balance of Interests Protection in Criminal Justice%刑事司法中主体利益保护的平衡

    Institute of Scientific and Technical Information of China (English)

    张继伟; 郭辉

    2014-01-01

    刑事司法中存在国家、被害人、犯罪人三方不同主体的利益诉求。报应性司法认为,犯罪是对国家秩序的破坏,被害人不具有独立的利益,主张在保障犯罪人利益基础上通过对犯罪人责任的追究实现对国家、被害人利益的保护,在制度设计上存在对被害人利益保护不足的缺陷。恢复性司法是对报应性司法对被害人利益保护不足的矫正,该制度注重被害人与犯罪人双方利益的保护。我国恢复性司法具体制度中,有些制度存在忽视国家利益、偏重受害人和犯罪人利益保护的情况。刑事司法应该在国家利益、被害人利益和犯罪人利益保护中寻求平衡,不能忽视任何一方利益的存在。%There are different interests in criminal justice ,including the country ,the victim ,and the criminal tripartite .Retribution justice believes ,crime is the destruction of the state order ,the victim does not have independent interests ,and the criminal responsibility shall be investigated on the basis of implementation of the protection of the interests of the state and the victim in the protection of the inter-ests of the criminal .Retribution justice exists defects of the lack of protection of the interests of the vic-tim .Restorative justice is to reward the judicial for the correction of the lack of protection of the inter-ests of the victim ;the system pays attention to the victim and criminal of interests .Some systems of re-storative justice in our country ,neglect the interests of the state ,and lay particular stress on the victim and criminal protection .Criminal justice should look for the balance of the interests of the state ,the vic-tim and the criminal protection ,and not ignore the existence of any party's interests .

  15. Media Supervision and Criminal Justice%论刑事审判中的传媒监督

    Institute of Scientific and Technical Information of China (English)

    赵红艳

    2012-01-01

    With the swift development of network technology, media supervision has a significant effect on our so- cial life, including criminal justice. Moderate media supervision plays an important part in suppressing judicial cor- ruption and promoting judicial fairness. But media supervision' s excessive intervening in criminal justice may af- fect the independence, just and authority of the trial. Of course, it does not say that our media supervision is al- ready mature and has an excessive supervision to criminal justice. On contrary, our media supervision is much un- developed. Our many systems are not perfect, legislation has it' s own dead zone, lots of specifications can not be put into practice completely during the period of our social transformation. So it is important that how to regulate the behavior of the media for better supervision.%随着网络技术的飞速发展,传媒监督对我国社会生活产生了重大影响,刑事司法亦不能例外。适度的传媒监督在遏制司法腐败、促进司法公正方面发挥着重要作用,但传媒监督过度介入刑事审判会影响审判之独立、公正及权威。当然,这并不等于说我国的传媒监督已趋成熟,其对刑事审判的监督过度了,相反,我国的传媒监督极不发达,只是由于我国正处于社会转型时期,许多制度不健全、立法存在盲区,规范落实不到位而使然。所以,如何进一步的规范传媒监督进而使其更好的发挥监督作用则至关重要。

  16. The Tension between Due Process of Law and Counter-Terrorist Measures During the Initial Stages of Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Limor Ezioni

    2014-12-01

    Full Text Available This article addresses the way the Israeli criminal system uses secret evidence during the initial stages of criminal procedure. In particular, the article discusses whether terror suspects should enjoy the same criminal procedure as regular criminal suspects, or whether the procedure should differ. The article identifies the underlying theories which guide the criminal justice system and applies them to Israeli criminal procedure with regards to privileged evidence. The article reviews how comparative law has approached the issue of secret evidence when it comes to terror suspects, and finally, discusses Israel’s Counter Terrorism Memorandum Bill. 

  17. Revisiting the Association Between Television Viewing in Adolescence and Contact With the Criminal Justice System in Adulthood.

    Science.gov (United States)

    Schwartz, Joseph A; Beaver, Kevin M

    2016-09-01

    A substantial number of previous studies have reported significant associations between television viewing habits and a host of detrimental outcomes including increased contact with the criminal justice system. However, it remains unclear whether the results flowing from this literature are generalizable to other samples and whether previously observed associations are confounded due to uncontrolled genetic influences. The current study addresses these limitations using the National Longitudinal Study of Adolescent to Adult Health (Add Health). The results of the preliminary models, which do not include controls for genetic influences, produced a pattern of results similar to those previously reported in the extant literature. The results of the genetically informed models revealed that the associations between television viewing and antisocial outcomes are not causal, but rather are driven by uncontrolled genetic influences. Further replication is required, but these findings suggest that results drawn from the extant literature may not be trustworthy.

  18. Military veterans with mental health problems: a protocol for a systematic review to identify whether they have an additional risk of contact with criminal justice systems compared with other veterans groups

    Directory of Open Access Journals (Sweden)

    Taylor James

    2012-11-01

    Full Text Available Abstract Background There is concern that some veterans of armed forces, in particular those with mental health, drug or alcohol problems, experience difficulty returning to a civilian way of life and may subsequently come into contact with criminal justice services and imprisonment. The aim of this review is to examine whether military veterans with mental health problems, including substance use, have an additional risk of contact with criminal justice systems when compared with veterans who do not have such problems. The review will also seek to identify veterans’ views and experiences on their contact with criminal justice services, what contributed to or influenced their contact and whether there are any differences, including international and temporal, in incidence, contact type, veteran type, their presenting health needs and reported experiences. Methods/design In this review we will adopt a methodological model similar to that previously used by other researchers when reviewing intervention studies. The model, which we will use as a framework for conducting a review of observational and qualitative studies, consists of two parallel synthesis stages within the review process; one for quantitative research and the other for qualitative research. The third stage involves a cross study synthesis, enabling a deeper understanding of the results of the quantitative synthesis. A range of electronic databases, including MEDLINE, PsychINFO, CINAHL, will be systematically searched, from 1939 to present day, using a broad range of search terms that cover four key concepts: mental health, military veterans, substance misuse, and criminal justice. Studies will be screened against topic specific inclusion/exclusion criteria and then against a smaller subset of design specific inclusion/exclusion criteria. Data will be extracted for those studies that meet the inclusion criteria, and all eligible studies will be critically appraised. Included

  19. Delphi in Criminal Justice Policy: A Case Study on Judgmental Forecasting

    Science.gov (United States)

    Loyens, Kim; Maesschalck, Jeroen; Bouckaert, Geert

    2011-01-01

    This article provides an in-depth case study analysis of a pilot project organized by the section "Strategic Analysis" of the Belgian Federal Police. Using the Delphi method, which is a judgmental forecasting technique, a panel of experts was questioned about future developments of crime, based on their expertise in criminal or social…

  20. A Study on Gaining Public Trust in Criminal Justice%刑事司法赢得公众信任研究

    Institute of Scientific and Technical Information of China (English)

    贺毓

    2013-01-01

      近年来刑事司法的信誉危机不断上升,由于其自身性质的特殊性,常常处于司法信誉评价的风头浪尖,获得公众信任难度更大;刑事司法赢得公众的信任,需要司法人员的恪尽职守、具体制度和措施的跟进,但更重要的是要眼光长远,不能满足于一时一事的效果而背离法治的方向。%In recent years ,the crisis of the criminal judicial reputation continues to rise .Due to the characteristics of criminal justice ,the evaluation of criminal justice has been at the forefront of the public opinion ,which makes it harder to win the public trust .To gain the public trust in criminal justice ,judicial personnel must fulfill their duties and the concrete system and measures should be formulated .What's more ,we should see the issue with a long‐term sight ,instead of satisfying with the temporary effect of one case to deviate from the direction of law .

  1. Issues of remedial development of forms in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Tsyganenko Sergey, S.

    2015-12-01

    Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.

  2. Using System Dynamics to Develop Organizational Learning Process; the Neighbourhood Justice Centre in Yarra

    Directory of Open Access Journals (Sweden)

    Tim Haslett

    2010-11-01

    Full Text Available The development of the Neighbourhood Justice Centre (NJC in the Melbourne suburb of Collingwood is a first for Australia and reflects a universal growing interest in addressing the underlying causes of criminal behaviour and disadvantage as well as improving access to justice.By Tim Hasslet, School of Integrative Systems, University of Queensland, Chris Ballenden, Ponte Consulting; Saroj Godbole, Ponte Consulting; Kerry Walker, Director, Neighbourhood Justice Centre, Melbourne

  3. Reducing the harmful effects of alcohol misuse: the ethics of sobriety testing in criminal justice.

    Science.gov (United States)

    Shaw, David; McCluskey, Karyn; Linden, Will; Goodall, Christine

    2012-11-01

    Alcohol use and abuse play a major role in both crime and negative health outcomes in Scotland. This paper provides a description and ethical and legal analyses of a novel remote alcohol monitoring scheme for offenders which seeks to reduce alcohol-related harm to both the criminal and the public. It emerges that the prospective benefits of this scheme to health and public order vastly outweigh any potential harms.

  4. 论社会管理创新中的刑事法治问题%A Discussion on Criminal Justice Issues in Social Administration Innovation

    Institute of Scientific and Technical Information of China (English)

    高铭暄; 陈冉

    2012-01-01

    With regard to the relationship between social administration innovation and criminal justice,it must be clear that the basic principles of social administration innovation and criminal justice are not conflicting.The natural attributes of criminal law determine that there is interactional relationship between criminal law and social administration innovation.At the same time,criminal law's special status,as the law of guarantees,also determines that criminal law gives strong backing to social administration innovation and protects public stability.In order to meet the requirements of social administration innovation,based on their relationship,the development of criminal justice needs to make efforts in five aspects:(1) paying attention to the social situation and carrying out the criminal policy of tempering justice with mercy;(2) safeguarding civil rights and paying attention to crimes related to people's livelihood;(3) "integration of rigidity and elasticity" and insisting on principle of people-oriented;(4) reforming dispute settlement mechanism and resolving contradictions flexibly;(5) implementing socialization of penalty execution and conforming to the idea of multiple government.%社会管理创新是当今法学界讨论颇多的一个话题。对于社会管理创新与刑法的关系,要建立在法治的认识前提下,社会管理创新与刑法的基本原则并不冲突,刑法的天然属性使得其与社会管理存在紧密的互动关系,同时,刑法的保障法地位,又决定了社会管理创新需要刑法做坚强的后盾,保障秩序稳定。为了适应社会管理创新的要求,基于两者的契合,刑事法治发展需要从五个方面作出努力:关注社会情势,贯彻宽严相济刑事政策;保障公民权利,重视民生犯罪;"刚柔并济",坚持以人为本;革新纠纷解决机制,灵活、多样化解矛盾;落实行刑社会化,契合多元治理理念。

  5. Editorial dossier “plea bargain and bargaining criminal justice: new and multiples points of view”

    Directory of Open Access Journals (Sweden)

    Soraia da Rosa Mendes

    2017-03-01

    Full Text Available Tal como poucos o tema da barganha e da justiça criminal negocial tem sido um dos principais pontos de acaloradas discussões dentro da pauta de assuntos do processo penal no mundo e, de algum tempo, também no Brasil. Neste sentido, o dossiê  "Colaboração Premiada e Justiça Criminal Negocial" tem como objetivo propiciar um espaço amplo e aberto às analises e estudos daqueles que se debruçam sobre os principais aspectos do instituto da colaboração/delação premiada em suas diversas interfaces, como, por exemplo: ao sistema de justiça criminal negocial no direito comparado; à ação penal pública e oportunidade; à celebração do acordo e a decretação de medidas cautelares; ao controle dos acordos durante a investigação preliminar; aos limites constitucionais de atuação do Ministério Público investigador, acusador e negociador; ao sistema acusatório e o papel do Poder Judiciário nos acordos; e aos direitos do colaborador e a atuação da mídia.

  6. Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

    Science.gov (United States)

    Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

    2017-04-01

    The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

  7. Towards an American Model of Criminal Process: The Reform of the Polish Code of Criminal Procedure

    Directory of Open Access Journals (Sweden)

    Roclawska Monika

    2014-06-01

    Full Text Available In September 2013, the Polish Parliament passed an amendment to the Code of Criminal Procedure. The legislators decided to expand a number of adversarial elements present in current Polish criminal proceedings. When these changes come into effect (July 1, 2015, Polish criminal procedure will be similar to American regulations, in which the judge’s role is to be an impartial arbitrator, not an investigator.

  8. Victims of femicide in Latin America: Legal and criminal justice responses

    Directory of Open Access Journals (Sweden)

    Joseph Janice

    2017-01-01

    Full Text Available Despite the progress that women have made in the fight against gender-based violence, it is still prevalent in various countries in the world. For many women in Latin American countries femicide is a constant reality. This paper critically analyzes femicide in Latin American countries and the legal and criminal responses to this crime. The paper defines femicide and discusses the nature and extent of femicide in Latin America. The analysis of this phenomenon in Latin American countries indicates that although some of these countries have made important strides in addressing the problem, they still face challenges in adequately preventing this crime.

  9. Rethinking Restorative Justice: When the Geographies of Crime and of Healing Justice Matter

    National Research Council Canada - National Science Library

    Jarem Sawatsky

    2007-01-01

    .... Despite the rhetoric that restorative justice is an alternative to the criminal justice system, this article demonstrates that restorative justice does not sufficiently challenge the underlying logic...

  10. Ending overly broad HIV criminalization: Canadian scientists and clinicians stand for justice

    OpenAIRE

    Cécile Kazatchkine; Edwin Bernard; Patrick Eba

    2015-01-01

    In Canada, people living with HIV who do not disclose their HIV status prior to sexual acts risk prosecution for aggravated sexual assault even if they have sex with a condom or while having a low (or undetectable) viral load, they had no intent to transmit HIV, and no transmission occurred. In 2013, six distinguished Canadian HIV scientists and clinicians took ground-breaking action to advance justice by co-authoring the “Canadian consensus statement on HIV and its transmission in the contex...

  11. Measuring the Success of Counter-Trafficking Interventions in the Criminal Justice Sector: Who decides—and how?

    Directory of Open Access Journals (Sweden)

    Anne Gallagher

    2012-06-01

    Full Text Available Global concern about human trafficking has prompted substantial investment in counter-trafficking interventions. That investment, and the human rights imperatives that underpin counter-trafficking work, demand that interventions demonstrate accountability, results and beneficial impact. How this can happen in practice is complicated and contested. This article, which considers success measurements with respect to criminal justice interventions, seeks to cut through the complexities presented by multiple theories and elaborate methodologies by focusing on one key issue: who decides success, and how? A review of evaluation reports and interviews with practitioners confirm that determinations of success (or failure will vary according to: (i who one consults and their role in the intervention; (ii the criteria against which success is measured; and (iii the assumptions that are built into that criteria. Each aspect is considered with reference to examples and insights drawn from recent practice. A major finding of the article is that the lack of an overarching vision of what “success” might look like allows mediocre or even harmful interventions to flourish and good work to go unrecognised and unrewarded.

  12. Romantic Relationships and Criminal Desistance: Pathways and Processes.

    Science.gov (United States)

    Wyse, Jessica Jb; Harding, David J; Morenoff, Jeffrey D

    2014-06-01

    In dominant theories of criminal desistance, marital relationship formation is understood to be a key "turning point" away from deviant behavior. Empirical studies supporting this claim have largely focused on the positive role of marriage in men's desistance from crime, and relatively few studies have examined the role that non-marital relationships may play in desistance. Drawing on 138 longitudinal in-depth interviews with 22 men and women reentering society from prison, this paper extends the scope of desistance research by additionally considering the significance of more fleeting and fluid relationships, and the diverse processes through which romantic relationships of all sorts are linked with criminal behaviors. We present an empirically-based typology detailing six processes, grouped within three conceptual categories, through which romantic relationships had their effects. These pathways include material circumstances, social bonds and interactions, and emotional supports and stressors. We also consider gender differences in these processes. While more tenuous bonds to marginally conventional partners would seem to exert little effect, as one of the few relationships and social roles available to many former prisoners, we found that they wielded important influence, if not always in a positive direction.

  13. On China's Administrative Law Enforcement and the Cohesive Mechanism of Criminal Justice%试论我国的行政执法与刑事司法衔接机制

    Institute of Scientific and Technical Information of China (English)

    张芸

    2015-01-01

    The fundamental framework of convergence of administrative enforcement and criminal justice has already been established,and during the procedure,the mechanism of convergence is gradually improved. However, there is no denying that in practice,the administrative enforcement loses touch with criminal justice causing to the ineffective attack on crimes. Given the lack of substantive law and procedure law,it still is a complicated process to establish a effective convergence mechanism about administrative enforcement and criminal justice. So, there is no doubting that it is of great important theories value and practical meaning to inquiry into and find solutions to the issue of convergence mechanism about administrative enforcement and criminal justice.%当前我国的行政执法与刑事司法衔接的各项基本结构框架已经建立,并且在建立的过程中,行政执法与刑事司法工作的衔接机制也得以逐步完善。但不可否认的是,当前执法实践中仍存在着行政执法与刑事司法相脱节的问题,使不少违法犯罪分子没有得到有效打击,逃避了处罚。由于该衔接机制的相关实体性法律和程序性法律规范的缺失,要从根源上处理好这些问题,真正建立起行政执法与刑事司法的有效衔接仍然是一个复杂的过程。因此,研究行政执法与刑事司法的衔接机制中存在的问题并提出解决的方法无疑具有重要的理论意义和实践价值。

  14. Children in the criminal justice and secure care systems: how their mental health needs are met.

    Science.gov (United States)

    Kurtz, Z; Thornes, R; Bailey, S

    1998-10-01

    A study was made of the perceptions among relevant service providers of the mental health needs of young people considered for secure placement. Information was obtained in 1996 from 75% of departments of child and adolescent psychiatry, forensic psychiatry, social services children's services, youth justice, probation, secure units and young offender institutions in England and Wales. The findings confirm that highly disturbed young people, who may be a danger to themselves and others, may present to a wide range of services, and that their mental health needs are neither well recognized, widely understood, nor adequately met. Availability of appropriate levels and types of expertise and resource is patchy and strictly limited, within secure settings and in local community services across all agencies.

  15. Imposed Stories: Prisoner Self-narratives in the Criminal Justice System in New South Wales, Australia

    Directory of Open Access Journals (Sweden)

    Maggie Hall

    2016-03-01

    Full Text Available This article examines the ways in which offenders are required to provide very particular accounts of themselves and to self-narrate in confined ways. Drawing on ethnographic fieldwork and interviews conducted in the New South Wales justice system, it explores how the stories that offenders are made to accept and tell about themselves often bear little relationship to their own reflections. It analyses how, despite the expectations of judges and prison authorities, these self-narratives are not products of an offender’s soul-searching concerning his past actions and experience; rather they are products of an official legal narrative being imposed on an offender whose capacity to own and enact such a narrative is already seriously compromised.

  16. Cost effectiveness of paliperidone palmitate versus oral antipsychotics in patients with schizophrenia and a history of criminal justice involvement.

    Science.gov (United States)

    Muser, Erik; Kozma, Chris M; Benson, Carmela J; Mao, Lian; Starr, H Lynn; Alphs, Larry; Fastenau, John

    2015-01-01

    Conduct a cost effectiveness analysis for the Paliperidone palmitate Research In Demonstrating Effectiveness (PRIDE) trial. PRIDE was a 15 month, prospective, randomized, open-label study in which once monthly paliperidone palmitate significantly delayed the time to first treatment failure (healthcare or criminal justice system [HC/CJS] events) versus oral antipsychotics in recently incarcerated adults with schizophrenia. The present analysis used a state government perspective and HC/CJS event data that were collected on a resource use questionnaire (RUQ) every 3 months. Since cost information was not collected in the trial, cost estimates from published literature and an analysis of multistate Medicaid data for CJS and HC events, respectively, were applied to RUQ event data. Effectiveness and costs were adjusted to 456 days (trial duration). Incremental cost effectiveness was calculated as the adjusted cost difference divided by the adjusted effectiveness difference. Adjusted costs (in US dollars) in the paliperidone palmitate group (n = 198) and the oral antipsychotic group (n = 193), respectively, were: non-drug costs $22,331 and $25,027; drug costs $18,592 and $7833; and total costs $40,923 and $32,860. Adjusted effectiveness differences and corresponding incremental cost effectiveness per event avoided (in parentheses) for paliperidone palmitate versus oral antipsychotics were as follows: 0.33 fewer CJS events ($24,409), 0.13 fewer psychiatric hospitalizations ($60,484), 0.46 fewer psychiatric hospitalizations or CJS events combined ($17,391), and 0.30 fewer incarcerations ($26,754). Costs for HC/CJS events avoided offset 25% of the greater drug cost for the paliperidone palmitate versus oral antipsychotic treatment group in this vulnerable population. Use of a recall-dependent RUQ for event rates and cost estimates instead of actual costs are potential limitations and may make the results conservative from a state government perspective. Indirect

  17. Cognitive processes in criminal profile construction: a preliminary study.

    Science.gov (United States)

    Kocsis, Richard N; Middledorp, Jenny; Try, Andrew C

    2005-12-01

    This study undertook an empirically based examination of the cognitive processes associated with the accurate construction of a criminal psychological profile. This was accomplished by comparing the abilities of profilers and nonprofilers in two simulated profiling exercises that measured both profile accuracy and an individual's performance on various tests of memory and comprehension related to the case materials presented in each exercise. The results of these experiments suggest that an incremental relationship exists between comprehension of the case materials and accuracy of the profiles generated. In addition, the findings provide some tentative indications that the comprehension of case material in a narrative (i.e., written) format is an integral cognitive function to proficient profiling.

  18. Turning Asylum Seekers into ‘Dangerous Criminals’: Experiences of the Criminal Justice System of those Seeking Sanctuary

    Directory of Open Access Journals (Sweden)

    Monish Bhatia

    2015-10-01

    Full Text Available Since the events of 9/11 in the US in 2001 and, four years later, the 7/7 London bombings in the UK, warnings of terrorist attacks are high on the public agenda in many western countries. Politicians and tabloid press in the UK have continued to make direct and indirect connections between asylum seekers, terrorism and crime. This has increasingly resulted in harsh policy responses to restrict the movement of ‘third-world’ nationals, criminalisation of immigration and asylum policy, and making the violation of immigration laws punishable through criminal courts. This paper largely highlights the narratives of five asylum seekers who committed ‘crime’ by breaching immigration laws and were consequently treated as ‘dangerous criminals’ by the state authorities. More importantly it shows how these individuals experienced this treatment. The aim of this paper is to give voice to the victims of state abuse, claim space for victim agency, gather victim testimonies, challenge official explanations and in the process confront criminal and racist state practices.

  19. 论检察机关设置专家辅助人制度%Setting Up a New Supervision System of Forensic Appraisal in Criminal Justice

    Institute of Scientific and Technical Information of China (English)

    陈勋

    2009-01-01

    The forensic identification system is an indispensible part of our country's judicial system, and is an important guarantee for the implementation of the nation's law. For a long time, various drawbacks exist in forensic identification in criminal justice, which not only affects the credibility of forensic identification, but also damages the unified implementation of the nation's law. Apart from the imperfect forensic identification system, the lack of the procuratorate's supervision is one cause for the abovementioned phenomenon. Therefore, besides improving the forensic identification system itself, we should establish the expert assistant system in prosecutorial organs to strengthen and improve the supervision of forensic identification in criminal justice. Based on the analysis of the current situation, the existing problems of forensic identification in the criminal justice system, and the practice of prosecutorial organs, and using the expert witness (expert assistant) system of foreign countries for reference, the author discusses the necessity, feasibility of the establishment of the expert assistant system in prosecutorial organs and its system designing.%司法鉴定制度是我国司法制度的重要组成部分,长期以来,我国刑事司法鉴定领域存在着种种弊端,不仅影响了司法鉴定的公信力,还损害了国家法律的正确统一实施,这与检察机关的监督缺位有着密切的关系.因此在完善司法鉴定制度本身的同时,应该通过建立检察机关专家辅助人制度来加强对刑事司法鉴定的监督.探讨在我国设立检察机关专家辅助人制度具有重要意义.

  20. Postcode Criminals

    Science.gov (United States)

    Hiett, Sandra; Kushner, Joann

    2013-01-01

    Postcode Criminals was the second phase of an international participatory community arts project challenging negative stereotypes of urban youth. Concerned with the impact of zero tolerance community policing strategies in the UK and USA, artists Joann Kushner and Dread Scott developed an art-based project with a social justice agenda. To give…

  1. Quand la justice pénale internationale s’empare de la réconciliation nationale When international criminal justice captures « national reconciliation »

    Directory of Open Access Journals (Sweden)

    Sara Liwerant

    2009-02-01

    Full Text Available Si aujourd’hui les Tribunaux pénaux internationaux pour l’ex-Yougoslavie et pour le Rwanda affirment qu’ils ont pour objectif de favoriser la restauration de la paix, cette mission puise pourtant ses racines dans une réglementation des comportements dans la guerre. Cette généalogie révèle un changement de mission du droit pénal international qui, associant progressivement justice et paix, a conduit récemment à y adjoindre la « réconciliation nationale ». Sans être définie, la « réconciliation nationale » va s’introduire dans le vocable des juges internationaux. Ainsi, lors de la détermination de la peine, les juges vont considérer que les efforts de l’accusé en faveur de la réconciliation nationale est un élément susceptible de réduire la peine au titre des circonstances atténuantes. A partir d’une analyse de l’ensemble des décisions des deux Tribunaux pénaux internationaux, cet article analyse sens et enjeux de l’appropriation de la « réconciliation nationale » par la justice pénale internationale saisie par des impératifs collectifs.Although the international criminal courts for the Former Yugoslavia and for Rwanda claim that their goal is to contribute to the restoration and the maintenance of peace, their mission originates in the laws of war. This genealogy reveals a shift in international criminal law’s missions. Combining « justice » and « peace », the international judges have added the notion of « national reconciliation » to their vocabulary without defining it. Thus to give a « fair sentence » judges are willing to consider the defendant’s efforts in favor of national reconciliation among the elements that they take into account as mitigating factors. Analyzing the judgments of the international criminal tribunal for the former Yugoslavia and for the Rwanda, this article explores what is at stake when international criminal justice is faced with social

  2. Criminal Careers and "Career Criminals"

    National Research Council Canada - National Science Library

    Blumstein, Alfred; Cohen, Jacqueline; Roth, Jeffrey A; Visher, Christy A

    1986-01-01

    ..., and Christy A. Visher, editors Panel on Research on Criminal Careers Committee on Research on Law Enforcement and the Administration of Justice Commission on Behavioral and Social Sciences and Education National Research Council National Academy Press Washington, D.C.1986 i Copyrighttrue Please breaks inserted. are Page files. accidentally typesetting be...

  3. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international crimi...... criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

  4. Reconstruction of the criminal justice of intellectual property right%我国知识产权犯罪体系的反思与重构

    Institute of Scientific and Technical Information of China (English)

    寇占奎; 路红兵

    2014-01-01

    知识产权的私权属性是确立知识产权刑法保护的基础及出发点。刑法典将知识产权犯罪归类为破坏社会主义市场经济秩序罪,表现出在知识产权刑法保护方面的国家本位、社会本位价值理念,这与知识产权属于私权不相协调。因此,应以私权本位为价值追求,重构知识产权犯罪体系,将知识产权犯罪从破坏社会主义市场经济秩序罪中分离出来,作为单独一类犯罪进行规定。这不仅彰显了知识产权的私权属性,同时使我国的犯罪分类体系更具合理性。%The privacy property of the intellectual property right is the basis for the protection of the criminal justice.Intellectual property violation of the Chinese criminal law is defined as the disruption of the order of socialist market economy.This contradicts with its basic property of privacy,though it stres-ses on the national and social protection.Therefore,a new system is needed to reconstruct the criminal jus-tice of the intellectual property law.

  5. 论刑事诉讼中的“合作式”司法模式%On the "Cooperative Justice Mode in Criminal Actions

    Institute of Scientific and Technical Information of China (English)

    韩丽芳; 孔祥雨

    2011-01-01

    在司法实践中法院因为被害人与被告人协商达成赔偿协议而对某些被告人予以从轻判处,甚至于在死刑事案件中舆论不时进行声讨的拿钱买命说,这些现象背后是不是能找到合理的理论支撑?在多元纠纷解决的潮流下,司法把刑事案件中被害人亲属与被告人亲属达成的赔偿协议作为量刑情节,在传统对抗模式之外,开辟了一条私力合作之路,这标志着刑事诉讼二元模式即传统“对抗式”司法模式与“合作式”司法模式的确立。%As a criminal judge,the author has a puzzle in his judicial practice a: could we find a theory to explain the following phenomena reasonably?-The defendants were given lighter punishment in the condition that the victims and the defendants reached a compensating agreement,even on some capital cases the public media reported as "buying life by money",and so on.The justice takes the compensating agreement,reached by the relatives of the victims and that of the defendants,as the circumstances of sentencing,which opened a way of private cooperation.And this is the mark of the binary pattern of Criminal Action,the "adversary" justice and the "cooperative" justice.

  6. La technologie ADN dans la justice pénale : une illustration de la recomposition de l’action de la justice par la science, la technique et l’expertise ? The DNA Technology in Criminal Justice: An Example of how the Interweaving of Science, Technology and Expertise Impacts on Legal Proceedings.

    Directory of Open Access Journals (Sweden)

    Bertrand Renard

    2011-10-01

    Full Text Available Le recours à l’ADN dans le processus judiciaire pénal s’est progressivement développé pour devenir en moins de 20 ans l’une des ressources scientifiques les moins contestées de la justice pénale. Cette forme d’autorité acquise en un temps assez court invite à se pencher sur les conditions sociales de l’émergence de l’ADN et de son utilisation comme élément de preuve en contexte judiciaire. Comment et dans quelle mesure l’ADN est-il endogénéisé, par le biais de l’expertise judiciaire, dans la justice et quels en sont les effets sur les raisonnements et les pratiques judiciaires ? Il convient, pour le savoir, de décrire et d’analyser les pratiques sociales relatives à l’identification par analyse génétique (IAG en justice pénale, qui sont ce par quoi l’action judiciaire intègre des éléments technologiques et les « digère ». Pour ce faire, l’article procède d’une démarche en trois temps, en illustrant d’abord l’intérêt d’ouvrir la boîte noire du travail de l’expert en IAG et en montrant ensuite à quel point l’intégration des dimensions scientifiques dans l’élaboration du droit se révèle difficile. Sur cette base enfin, l’auteur tire quelques enseignements sur les relations qu’entretiennent droit et science dans ce contexte d’un usage technologique au sein de l’action judiciaire pénale.In less than 20 years, the use of DNA has progressively increased and is now considered as one of the less problematic scientific resources in the judicial criminal process. The fact that this new form of authority has been accepted relatively quickly raises the question of the social conditions of its use as an element of proof in judicial context. How and to which extent DNA has been integrated in the legal process and has impacted on the legal reasoning and practices? What kind of role judicial experts and forensic scientists have played to translate and integrate this part of

  7. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...... of comparative criminal law....

  8. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study......Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... of comparative criminal law....

  9. Formation and Correction of Misjudged Criminal Cases:From Two True Substantive Justice%刑事错案之形成与纠正--从“两真”实体正义谈起

    Institute of Scientific and Technical Information of China (English)

    夏丹波

    2015-01-01

    我国刑事司法中长期偏重实体正义,而对程序正义的意义认识不足。官方和民众极为推崇“查出真相、严惩真凶”的实体正义,而忽视了严格遵循法律程序来实现这一目标,这为有罪推定、刑讯逼供、命案必破、三机关“合作办案”等预留了空间,导致刑事错案形成并阻碍刑事错案的纠正。为此,要预防和纠正刑事错案必须坚持实体正义与程序正义并举。%Our criminal justice has focused on the substantive justice for long with inadequate recognition of the significance of the procedural justice .It has been highly praised by the official and the public to f ind out the truth and severely punish the murder in China’s criminal justice ,but not enough attention has been paid to strictly following the legal procedure to achieve the goal ,which leaves room for the presumption of guilt , the inquisition by torture , the must to solve murder cases , and the cooperative handling o f cases by three organs ,etc .These lead to the formation of misjudged criminal cases and hinder the correction .Therefore ,we must adhere to both the substantive justice and the procedural justice for prevention and correction of misjudged criminal cases .

  10. Risk factors for unnatural death: Fatal accidental intoxication, undetermined intent and suicide: Register follow-up in a criminal justice population with substance use problems.

    Science.gov (United States)

    Olsson, Martin O; Bradvik, Louise; Öjehagen, Agneta; Hakansson, Anders

    2016-05-01

    Risk factors for suicide and fatal accidental intoxication are extensively studied, while risk factors for intoxications/injuries of undetermined intent are less well known. The latter have shown an overlap with suicides, but also with fatal accidental intoxications. The objective was to analyze potential differences and similarities in the patterns of risk factors for accidental intoxications, injuries/intoxications with undetermined intent, and suicides, respectively. A follow-up register study was conducted, using data from ASI interviews with clients in the criminal justice system in Sweden (n=6744), followed in the National Causes of Death Register. A set of risk factors from the ASI interview were tested in bivariate analysis with the respective cause of death, yielding significant risk factors further analyzed in three Cox regression models. In Cox regression analyses, death from fatal accidental intoxication was associated with male gender (HR 4.09), use of heroin (HR 2.86), and use of cannabis (HR 1.94), and death from intoxication/injury of undetermined intent was associated with use of heroin (HR 3.48), binge drinking of alcohol (HR 2.46) and previous psychiatric hospitalization (HR 2.41), while negatively associated with depression (HR 0.33). Death from suicide was associated with previous suicide attempts (HR 2.78) and use of sedatives (HR 2.17). In this population of criminal justice clients with reported substance use problems, fatal injuries/intoxications with undetermined intent - like fatal accidental intoxications - appear to be associated with substance use variables, and cannot readily be assumed to represent the same background factors as suicide. Copyright © 2016. Published by Elsevier Ireland Ltd.

  11. The role of victims at the International Criminal Court : legal challenges from the tension between restorative and retributive justice

    NARCIS (Netherlands)

    Zago, G.

    2014-01-01

    The work of the International Criminal Court is characterized by a diversity of legal goals: indeed, its purpose is not limited to the fulfillment of a classic retributive scope, by punishing the accused for the commission of crimes within the Court's jurisdiction, but it also intends to achieve a r

  12. Religious congregations and social justice participation: a multilevel examination of social processes and leadership.

    Science.gov (United States)

    Houston, Jaclyn D; Todd, Nathan R

    2013-12-01

    Religious congregations have potential to be mediating structures for social justice participation. However, research has yet to examine the specific social processes or leadership characteristics within congregations that may promote social justice participation. In this study, we use data from 176,901 participants nested within 1,938 congregations to test how social processes (i.e., religious attendance at worship services, extra-worship participation, bonding social capital, a congregational norm for justice) and leadership characteristics (i.e., leader modeling of justice, horizontal leadership style) predict personal social justice involvement through the congregation (i.e., participation in social justice activities sponsored by the congregation) as well as personal social justice involvement outside the congregation (i.e., participation in social justice activities not sponsored by the congregation). We use multilevel logistic regression to examine these social processes and leadership characteristics at both individual and congregational levels of analysis. Results showed distinct patterns of associations at individual and congregational levels of analysis and that different social processes and leadership characteristics predicted personal social justice participation through or outside the congregation. These findings reveal the importance of social processes and leadership characteristics in understanding how congregations may mediate social justice participation. Implications for community psychology research and practiced also are discussed.

  13. É possível uma Política Criminal? a discricionariedade no Sistema de Justiça Criminal do DF

    Directory of Open Access Journals (Sweden)

    Arthur Trindade M. Costa

    2011-04-01

    Full Text Available Neste artigo, discutimos as limitações e os obstáculos para a elaboração e implantação de uma Política Criminal no Distrito Federal. Para isso, analisamos a forma como o processo de tomada de decisões no interior do Sistema de Justiça Criminal está estruturado. Observamos, a partir de etnografias e grupos focais, que tanto delegados, quanto promotores e juízes estabelecem critérios para selecionar os inquéritos e processos que merecerão atenção. Sem essa seleção, o funcionamento do Sistema de Justiça Criminal seria ainda mais caótico. Ocorre que essa seletividade é feita sem atender a uma Política Criminal. Existem diferentes filtros no Sistema de Justiça Criminal do DF, que seguem diferentes lógicas, cujo resultado é a ausência de uma Política Criminal coerente. As causas disso repousam no não reconhecimento da discricionariedade no Sistema de Justiça Criminal do Distrito Federal e, consequentemente, da sua não estruturação.In this article we discuss the limits and obstacles to the creation and implementation of a criminal policy in the Brazilian Federal District. So, we analyze how the decision making process in the Criminal Justice System has been structured. We observed, through ethnographies and focus groups, that commissioners, attorneys and judges have been established their own criteria to select police inquiries and criminal procedures. There are different biases in the Criminal Justice System of Federal District that follow different logics, whose consequence is the lack of a coherent criminal policy. The causes of this are the no recognition of the discretion in the Criminal Justice System and, consequently, it no structuration.

  14. Take My Breath Away: Competing Contexts Between Domestic Violence, Kink and The Criminal Justice System in R. v. J.A.

    Directory of Open Access Journals (Sweden)

    Ummni Khan

    2016-12-01

    Full Text Available In the R. v. J.A. case, a man was criminally convicted for performing sexual activities on his partner while she was rendered unconscious through erotic asphyxiation. Evaluating the legal and ethical stakes of the case is challenging because the complainant changed her testimony from non-consent to consent at trial, and the couple’s history includes both kinky sex and domestic violence. In this paper, I problematize the legal reasoning of the trial judgment (R. v .A.(J. 2008 ONCJ 195, the Supreme Court of Canada’s majority decision ([2011] 2 S.C.R. 440, as well as the LEAF factum, and some of the feminist commentary. I argue that both the legal and the feminist discourses privilege domestic and sexual violence as the preeminent context in this case, erase or gloss over kinky eroticism and subjectivity, and advance a carceral politics that privileges the criminal justice system as an articulator of truth, and a vehicle for gender justice.En el caso R. v. J.A., se condenó penalmente a un hombre por llevar a cabo actividades sexuales con su pareja, después de dejarla inconsciente mediante asfixia erótica. Evaluar las implicaciones legales y éticas del caso es un reto, porque la querellante cambió en el juicio su testimonio del no consentimiento al consentimiento, y la historia de la pareja incluye tanto el fetichismo sexual como la violencia doméstica. En este artículo se problematiza sobre el razonamiento jurídico de la sentencia (R. v. A. (J. 2008 ONCJ 195, la decisión mayoritaria del Tribunal Supremo de Canadá ([2011] 2 RCS 440, así como el factum LEAF, y algunos de los comentarios feministas. Se sostiene que tanto los discursos jurídicos como los feministas consideran la violencia doméstica y sexual como el contexto preeminente en este caso, borran o disimulan el fetichismo erótico y la subjetividad, y promueven una política penitenciaria en la que el sistema de justicia penal es articulador de la verdad y vehículo para la

  15. Restorative Justice and the South African Truth and Reconciliation Process

    DEFF Research Database (Denmark)

    Gade, Christian B.N.

    2013-01-01

    It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems...

  16. Offending Behavior, Drug Use, and Mental Health Among Foreign-Born versus U.S. Born Latino Criminal Justice Clients.

    Science.gov (United States)

    Ibañez, Gladys E; Agudo, Michelle; Martin, Steve S; O'Connell, Daniel J; Auf, Rehab; Sheehan, Diana M

    2016-12-30

    Little is known about the offending behavior and recidivism factors of Latinos by nativity (U.S. born, foreign-born). The present study focused on Latinos in community corrections (n = 201) in Miami, Florida, and examined differences in criminal activity, drug use, and mental health by nativity. Data were collected utilizing convenience sampling between June 2014 and December 2015. The research question was: what are the offending, drug use, and mental health histories of Latinos involved in community corrections? Participants were mostly male (n = 120; 59.7%), White (n = 105; 52.2%), and Cuban (n = 97; 48.3%). U.S. born community corrections clients (n = 141) were more likely to report more lifetime and recent criminal activity; and more likely to report lifetime and recent drug use behavior than foreign-born Latinos (n = 60). No differences were found in recent mental health. Correctional healthcare should tailor services such as substance abuse treatment differently toward U.S. born and foreign-born Latinos.

  17. Development of restorative justice in the context of domestic violence

    Directory of Open Access Journals (Sweden)

    Karla Annett Cynthia Sáenz López

    2016-08-01

    Full Text Available Restorative justice has developed in the past few years due to the verifiable benefits of providing an alternative conflict resolution approach which favors remedies, out-ofcourt arrangements and dialogue between the parties directly involved in disputes. Despite being mostly applied within the sphere of criminal justice –especially within the juvenile criminal justice system in force in many countries– the philosophy of restorative justice has affected other areas of social conflict such as domestic violence and violence against women. Analyzing how other countries apply Restorative Justice in cases of domestic violence and of violence against women, provides Uruguay with a framework to streamline the efforts towards providing victims, offenders, and communities with quality law enforcement processes primarily focused on a comprehensive restoration for all those involved.

  18. LA PRUEBA DOCUMENTADA EN EL NUEVO SISTEMA DE JUSTICIA PENAL MEXICANO Documented proof in the new Mexican criminal justice system

    Directory of Open Access Journals (Sweden)

    Benavente Chorres Hesbert

    2010-01-01

    Full Text Available El presente estudio analiza los supuestos de prueba documentada regulados en aquellos códigos de las entidades federativas mexicanas que han adecuado el proceso penal al sistema acusatorio con tendencia adversarial. En ese sentido, se entiende por prueba documentada aquellas diligencias, principalmente declaraciones, realizadas durante la etapa de investigación que la ley otorga valor probatorio al no poder asistir el órgano de prueba a la audiencia del juicio oral por razones ajenas a su voluntad.This study analyzes the cases of the documented proof in those codes regulated the Mexican states that have appropriate criminal proceedings prone to adversarial system. In that sense, it is understood by those measures documented evidence, primarily statements made during the investigation stage that the law gives the probative value could not attend the court hearing to test the trial for reasons beyond their control.

  19. KEABSAHAN ALAT BUKTI ELEKTRONIK PASCA PUTUSAN MAHKAMAH KONSTITUSI NO.20/PUU-XVI/2016 DALAM PRESPEKTIF CRIMINAL JUSTICE SYSTEM

    Directory of Open Access Journals (Sweden)

    erma lisnawati

    2017-05-01

    Full Text Available Indonesia is a state of law that upholds of human rights. In the state of law, there is a human rights protection by the state including the privacy of rights. It is referred judicial review of Act No. 11 of 2008 on Information and Electronic Transactions, of Article 5 Paragraph (2. To protect the privacy of recording and wiretapping conducted illegally. The Constitutional Court has been issued a ruling of the Constitutional Court No.20/PUU-XVI/2016 which imposes limits on how electronic evidence retrieval and also who is allowed to submit as an evidence in court. The court ruling was appropriate given the absence of norms regulating the procedures for the acquisition and delivery of electronic evidence. In a special lex such as criminal acts Corruption, Money Laundering and Terrorism Crime and Crime and Electronic Information only governs the kinds of electronic evidence alone, as well as the Code of Criminal Law. Indonesia adalah Negara hukum yang menjunjung tinggi hak asasi manusia. dalam Negara hukum, ada perlindungan hak asasi manusia oleh Negara, termasuk hak pribadi. Undang-undang Nomor 11 tahun 2008 tentang Informasi dan Transaksi Elektrokni, Pasal 5 Ayat (2 telah diajukan judisial review pada Mahkamah Konstitusi. Mahkamah Konstitusi telah mengeluarkan putusan Mahkamah Konstitusi Nomor 20/PUU-XVI/2016, yang memberikan batasan tentang cara pengambilan alat bukti elektronik yang diperkenankan untuk diajukan dalam proses persidangan. Hal ini, sudah tepat mengingat tidak adanya norma yang mengatur tentang cara perolehan alat bukti elektronik dan siapa yang berhak mengajukan alat bukti elektronik tersebut ke pengadilan. Dalam beberapa undang-undang khusus pedoman tentang alat bukti elektronik hanya mengatur mengenai tindak pidana khusus saja seperti pada Tindak Pidana Korupsi, Tindak Pidana Pencucian Uang, Tindak Pidana Terorisme dan Tindak Pidana Informasi dan Transaksi Elektronik.

  20. The sexual history provisions in the Youth Justice and Criminal Evidence Act 1999--a violation of the right to a fair trial?

    Science.gov (United States)

    Young, G

    2001-07-01

    In response to the Home Office recommendations contained in Speaking Up for Justice (1998) the Youth Justice and Criminal Evidence Act (YJCEA) 1999 introduced a new regime for the conduct of sexual offence trials. Section 41 of the Act, which came into force on 4 December 2000, brings about dramatic changes to the rules on the admissibility of evidence of complainants' sexual behaviour, severely restricting the discretion of trial judges to introduce such evidence or to allow questioning concerning it. This represents a radical new departure that will fundamentally affect an accused's position at trial. Responses to section 41 have predictably been divided given the extremely sensitive nature of this area of the law of evidence and the complex set of social and political issues which are at stake. Many have greeted it as a long overdue reform of a system premised upon outmoded and sexist beliefs concerning women's sexual behaviour which has routinely functioned to admit prejudicial and irrelevant evidence. Others, predominantly within the legal profession, have expressed serious concerns over whether the new law is workable and the extent to which, by potentially excluding critically relevant evidence, it may infringe upon a defendant's right to a fair trial. The quality of the legislation is soon to be tested. On 26 and 27 March 2001 the House of Lords heard an interlocutory appeal in the case of R v. A and were asked to decide if the new provisions, by excluding previous sexual history evidence between the complainant and the defendant, contravened Article 6 of the European Convention of Human Rights. Their Lordships are, at the time of writing, yet to give judgment and the fate of the defendant in question, and several others whose trials have been postponed pending their decision, hangs in the balance. This article seeks to show that the new Act, despite being well-intentioned, does not adopt a coherent or sustainable approach to the relevance of previous

  1. Environmental justice: a criminological perspective

    Science.gov (United States)

    Lynch, Michael J.; Stretesky, Paul B.; Long, Michael A.

    2015-08-01

    This article examines studies related to environmental justice in the criminological literature and from a criminological perspective. Criminologists have long been concerned with injustices in the criminal justice system related to the enforcement of criminal law. In the 1990s, following the emergence of green criminology, a handful of criminologists have drawn attention to environmental justice as an extension of more traditional criminological studies of justice and injustice. Relevant criminological studies of environmental justice are reviewed, and suggestions for future environmental justice research are offered.

  2. The interface between forensic science and technology: how technology could cause a paradigm shift in the role of forensic institutes in the criminal justice system.

    Science.gov (United States)

    Kloosterman, Ate; Mapes, Anna; Geradts, Zeno; van Eijk, Erwin; Koper, Carola; van den Berg, Jorrit; Verheij, Saskia; van der Steen, Marcel; van Asten, Arian

    2015-08-01

    In this paper, the importance of modern technology in forensic investigations is discussed. Recent technological developments are creating new possibilities to perform robust scientific measurements and studies outside the controlled laboratory environment. The benefits of real-time, on-site forensic investigations are manifold and such technology has the potential to strongly increase the speed and efficacy of the criminal justice system. However, such benefits are only realized when quality can be guaranteed at all times and findings can be used as forensic evidence in court. At the Netherlands Forensic Institute, innovation efforts are currently undertaken to develop integrated forensic platform solutions that allow for the forensic investigation of human biological traces, the chemical identification of illicit drugs and the study of large amounts of digital evidence. These platforms enable field investigations, yield robust and validated evidence and allow for forensic intelligence and targeted use of expert capacity at the forensic institutes. This technological revolution in forensic science could ultimately lead to a paradigm shift in which a new role of the forensic expert emerges as developer and custodian of integrated forensic platforms.

  3. The interface between forensic science and technology: how technology could cause a paradigm shift in the role of forensic institutes in the criminal justice system

    Science.gov (United States)

    Kloosterman, Ate; Mapes, Anna; Geradts, Zeno; van Eijk, Erwin; Koper, Carola; van den Berg, Jorrit; Verheij, Saskia; van der Steen, Marcel; van Asten, Arian

    2015-01-01

    In this paper, the importance of modern technology in forensic investigations is discussed. Recent technological developments are creating new possibilities to perform robust scientific measurements and studies outside the controlled laboratory environment. The benefits of real-time, on-site forensic investigations are manifold and such technology has the potential to strongly increase the speed and efficacy of the criminal justice system. However, such benefits are only realized when quality can be guaranteed at all times and findings can be used as forensic evidence in court. At the Netherlands Forensic Institute, innovation efforts are currently undertaken to develop integrated forensic platform solutions that allow for the forensic investigation of human biological traces, the chemical identification of illicit drugs and the study of large amounts of digital evidence. These platforms enable field investigations, yield robust and validated evidence and allow for forensic intelligence and targeted use of expert capacity at the forensic institutes. This technological revolution in forensic science could ultimately lead to a paradigm shift in which a new role of the forensic expert emerges as developer and custodian of integrated forensic platforms. PMID:26101289

  4. Padrões do estupro no fluxo do sistema de justiça criminal em Campinas, São Paulo Standard rape cases in the criminal justice system in Campinas, São Paulo

    Directory of Open Access Journals (Sweden)

    Joana Domingues Vargas

    2008-12-01

    Full Text Available Esta pesquisa apresenta a análise longitudinal dos registros, produzidos na Delegacia de Defesa da Mulher, no Ministério Público e nas Varas Criminais, do município de Campinas, estado de São Paulo, que permite identificar tanto as características do estupro (acusados, vítimas e relação existente entre eles, quanto os processos de seleção e de filtragem a que estes são submetidos no decorrer de seu processamento. Os resultados encontrados para Campinas inserem-se nos padrões das queixas de estupro encontrados nos estudos internacionais. Estes indicam que estupro é uma categoria heterogênea, embora os agressores sejam invariavelmente homens e as vítimas jovens. Por outro lado, quando se analisa o processo de seleção criminal, observa-se a filtragem das tipologias encontradas na fase de queixa em três padrões para o crime de estupro: intrafamiliar, cometido por agressor desconhecido e entre jovens que se conhecem.This study presents a longitudinal analysis of the records found in the Women's Defense Division of the Public Ministry and in the Criminal Courts of the municipality of Campinas, São Paulo State. The study identified both the characteristics of rape (the accused, victims and relations between them, as well as the processes of selection and filtering to which they are submit during their processing. The results found for Campinas reflect rape complaints found in international studies, which indicate that rape is a heterogeneous category, although the aggressors are invariably men and the victims young. On the other hand, when the criminal selection process is analyzed, a filtering of typologies is noticed, found in the complaint phase in three standards for the crime of rape: intrafamiliar, committed by an unknown aggressor and among youth who know each other.

  5. “互联网+”背景下传媒监督刑事司法新论%Media Supervision of Criminal Justice in the"Internet+"Context

    Institute of Scientific and Technical Information of China (English)

    王群

    2016-01-01

    Media supervision is the key to the realization of criminal justice in a visible way. However, the exercise of supervision power has impulsive arbitrariness and abuse. An analysis of media supervision by the SWOT model helps clarify the supply side of media supervision. Media supervision helps the efficiency and democracy of criminal justice, but is also easy to evolve into the alienation of the media trial---judicial neutrality. Under the background of"Internet+", the meaning of"good governance"in media supervision of criminal justice lies in the move from the or-der to freedom, and from regulation to motivation. The legislation in the negative list style and incentive content safe-guards the benign operation of the media supervision of criminal justice;the moral self-discipline is the foundation of media supervision of criminal justice.%传媒监督是让刑事司法正义以看得见方式实现的关键。然而,任何监督权的行使都存有恣意和滥用的冲动。通过对传媒监督SWOT模型分析,厘清传媒监督供给侧内涵。传媒监督有助于刑事司法效率和民主,但也易蜕变异化为传媒审判,消解司法中立。“互联网+”背景下,传媒监督刑事司法善治的“合理”意蕴就在于法价值从秩序走向自由,法功能从规制走向激励的意思转向。负面清单的立法形式和激励性立法内容是传媒监督刑事司法之良法保障;传媒监督本身的道德自律是传媒监督刑事司法之伦理基础。

  6. Dynamic interplay between merger process justice and cognitive trust in top management: A longitudinal study.

    Science.gov (United States)

    Kaltiainen, Janne; Lipponen, Jukka; Holtz, Brian C

    2017-04-01

    This study examines two fundamental concerns in the context of organizational change: employees' perceptions of merger process justice and cognitive trust in the top management team. Our main purpose is to better understand the nature of reciprocal relations between these important constructs through a significant change event. Previous research, building mainly on social exchange theory, has framed trust as a consequence of justice perceptions. More recently, scholars have suggested that this view may be overly simplistic and that trust-related cognitions may also represent an important antecedent of justice perceptions. Using 3-wave longitudinal survey data (N = 622) gathered during a merger process, we tested reciprocal relations over time between cognitive trust in the top management team and perceptions of the merger process justice. In contrast to the conventional unidirectional notion of trust or trust-related cognitions as outcomes of perceived justice, our results show positive reciprocal relations over time between cognitive trust and justice. Our findings also revealed that the positive influence of cognitive trust on subsequent justice perceptions was slightly more robust than the opposite direction. By examining cross-lagged longitudinal relations between these critical psychological reactions, this study contributes across multiple domains of the management literature including trust, justice, and organizational mergers. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  7. Review of books issued by Center for Promotion of Criminal Justice Reform to assist the specialists working with offenders

    Directory of Open Access Journals (Sweden)

    Dzyadko N. M.

    2014-12-01

    Full Text Available Russia's oldest human rights organization Center for Prison Reform Facilitation (founded in 1988 presents the results of its publishing activities addressed to professionals working in the field of socio-psychological and legal assistance to minors and adults. This is a series of brochures "Children in Prison", published with the support of the Russian Public Movement "Civil Dignity" in 2014 under the campaign "Youngster: Legal literacy" to rise the competence of experts on the identity of adolescents and replenish their professional and methodical luggage: "Punish conditionally" "The teenager and his rights", "City of the future with and without the prison", "Lessons of law in a juvenile correctional facility. Methodical collection". The booklet series "Know Your Rights!" is addressed to people in distress, potential victims of treasury justice, those who do not have the means to expensive lawyer. The brochures include practical and legal advice, examples of complaints, appeals, petitions, dealing with specific cases. Brochures are distributed free of charge.

  8. Tourist criminality

    OpenAIRE

    Jakovlev, Zlatko; Koteski, Cane; Dimitrov, Nikola

    2015-01-01

    In this book expert processed chapters on the development of tourism, the conditions for the development of tourism, the definition of tourism, positive and negative effects of tourism, the necessity of defining tourism criminality and its component elements, narrower and wider tourist criminality , theories of crime, the structure of tourism crime, property crime in tourism, forest fires, sexual offenses, other tourist crimes stakeholders of tourism offenses, victims of tourist crime prevent...

  9. The Lisbon Treaty and the Police and Justice Cooperation: Special Emphasis to the European Public Prosecutor's Office

    OpenAIRE

    Josifovic, Ivica

    2016-01-01

    Criminal law at the European Union level has traditionally been dealt through the concept of intergovernmental cooperation and gains its legal designation in the Maastricht Treaty, as part of the Justice and Home Affairs. The Amsterdam Treaty created the Area of Freedom, Security and Justice, but the Tampere Council and the Hague Programme took the notion of European criminal law through the process of mutual recognition. This paper is two-fold. First, the purpose of this paper is to prese...

  10. The effects of race and criminal justice involvement on access to atypical antipsychotic medications among persons with schizophrenia.

    Science.gov (United States)

    Van Dorn, Richard A; Swanson, Jeffrey W; Swartz, Marvin S; Elbogen, Eric B

    2005-06-01

    This study examined the impact of race and arrest history on the likelihood of being prescribed, and maintaining an atypical antipsychotic prescription for 90 or more days among patients with schizophrenia in the community. Participants were 224 adults with schizophrenia-spectrum disorders receiving services in public-sector mental health systems in North Carolina. The data used for this report were from a subsample of a larger group of participants being followed in an observational study and consisted of individuals who were prescribed either an atypical or conventional antipsychotic medication for 90 or more days. The purpose of the analyses presented here was to investigate differences in the likelihood of being prescribed an atypical antipsychotic by demographic and other characteristics. Logistic regression analysis indicated that African American patients were significantly less likely to receive atypical antipsychotics than their white counterparts, even when controlling for key clinical and demographic variables. However, white patients with a history of arrest were no more likely than black patients to receive atypical antipsychotics; that is, minority racial status and criminal involvement each functioned to limit patients' access to the novel medications. Implications for equal access to mental health services, in this case, effective psychopharmacologic treatment, are discussed.

  11. THE SYSTEM OF CRIMINAL LAW OF RUSSIA: PROBLEMS AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    Irek Anasovich Bikkinin

    2015-10-01

    Full Text Available The principle of socio-political and economic foundations of criminal law protection of the public relations and the need to improve its efficiency, requires a coherent and consistent criminal legislation. We have to admit that the basic characteristics of modern law-making process in the criminal justice field, demonstrate the lack of a shared vision of improvement of the Criminal Code of the Russian Federation.The paper is exploratory in nature, reflected in the fact that it conducted a comprehensive analysis of the current criminal legislation and practice of the modernization of this legislation, conducted research, and expert surveys. On this basis, development of proposals on optimization of the basic directions of development of the criminal law.Purpose. Development of proposals on optimization of the basic directions of development of the criminal law.Methodology. A comprehensive analysis of the current criminal legislation and practice of the modernization of this legislation, conducted research, and expert surveys.Results. Proposals on optimization of the basic directions of development of the criminal law.Practical implications. Lawmaking.

  12. A BRIEF STUDY ABOUT THE LEGAL NATURE OF PRECAUTIONA RY PRISONS (? IN BRAZILIAN CRIMINAL PROCESS

    Directory of Open Access Journals (Sweden)

    Tatiana Paula Cruz de Siqueira

    2015-12-01

    Full Text Available This article analyzes, even if soon, the legal nature of prison said as precautionary, that occur during the police investigation or criminal process. Over this study, prison in the act, preventive prison, according to each of its assumptions and, lastly, temporary prison will bel analyzed. At the end, will be presented the measures, which are effectively considered precautionary, serving to the utility of the final provision, like security measures

  13. Renewing Juvenile Justice

    Science.gov (United States)

    Macallair, Daniel; Males, Mike; Enty, Dinky Manek; Vinakor, Natasha

    2011-01-01

    The Center on Juvenile and Criminal Justice (CJCJ) was commissioned by Sierra Health Foundation to critically examine California's juvenile justice system and consider the potential role of foundations in promoting systemic reform. The information gathered by CJCJ researchers for this report suggests that foundations can perform a key leadership…

  14. 28 CFR 0.57 - Criminal prosecutions against juveniles.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Criminal prosecutions against juveniles. 0.57 Section 0.57 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Criminal Division § 0.57 Criminal prosecutions against juveniles. The Assistant Attorney...

  15. Defendants' Rights in Criminal Trials.

    Science.gov (United States)

    Martin, Ralph C., II; Keeley, Elizabeth

    1997-01-01

    Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

  16. To analyse a trace or not? Evaluating the decision-making process in the criminal investigation.

    Science.gov (United States)

    Bitzer, Sonja; Ribaux, Olivier; Albertini, Nicola; Delémont, Olivier

    2016-05-01

    In order to broaden our knowledge and understanding of the decision steps in the criminal investigation process, we started by evaluating the decision to analyse a trace and the factors involved in this decision step. This decision step is embedded in the complete criminal investigation process, involving multiple decision and triaging steps. Considering robbery cases occurring in a geographic region during a 2-year-period, we have studied the factors influencing the decision to submit biological traces, directly sampled on the scene of the robbery or on collected objects, for analysis. The factors were categorised into five knowledge dimensions: strategic, immediate, physical, criminal and utility and decision tree analysis was carried out. Factors in each category played a role in the decision to analyse a biological trace. Interestingly, factors involving information available prior to the analysis are of importance, such as the fact that a positive result (a profile suitable for comparison) is already available in the case, or that a suspect has been identified through traditional police work before analysis. One factor that was taken into account, but was not significant, is the matrix of the trace. Hence, the decision to analyse a trace is not influenced by this variable. The decision to analyse a trace first is very complex and many of the tested variables were taken into account. The decisions are often made on a case-by-case basis.

  17. Active personality and non-extradition of nationals in international criminal law at the dawn of the twenty-first century : adapting key functions of nationality to the requirements of International Criminal Justice

    NARCIS (Netherlands)

    Deen-Racsmány, Zsuzsanna

    2007-01-01

    In the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction have fallen into oblivion. At the same time, globalization and the establishment of international crimina

  18. 76 FR 69287 - National Instant Criminal Background Check System Section Agency Information Collection...

    Science.gov (United States)

    2011-11-08

    ... Federal Bureau of Investigation National Instant Criminal Background Check System Section Agency Information Collection Activities: Existing collection, comments requested the Voluntary Appeal File (VAF... Criminal Justice Information Services (CJIS) Division's National Instant Criminal Background Check...

  19. Terminal Evaluation Report: Fast-track Capacity Building for a Functioning Counter-Narcotics Criminal Justice System

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    involved in the chain of responsibilities who could be isolated from their peers and given the benefit of concentrated financial and technical assistance, while simultaneously maintaining the separation of powers mandated by the standards of due process. This underlying concept has been proven...

  20. Tracking Offenders: The Child Victim. Bureau of Justice Statistics Bulletin.

    Science.gov (United States)

    Manson, Donald A.; Sedgwick, Jeffrey L., Ed.

    This research focused on the criminal justice system's handling of offenders against children, comparing it with the processing of offenders against all victims. Data were obtained from California, New York, Ohio, Pennsylvania, Utah, and Virginia for offenses against children and against all victims in the areas of kidnapping, sexual assault,…

  1. The "death" of lethal injection as we know it? The role of chemical execution in the American criminal justice system.

    Science.gov (United States)

    Ruble, James H

    2014-09-01

    Several independent elements have recently combined to thrust United States capital punishment into a chaos. Corrections officials and policy makers have attempted to "humanize" capital punishment by evolving into a chemical execution process, and soften the outward appearance. Foreign policies have interrupted chemical protocols by banning key ingredients. These disruptions are spawning new theories of legal challenges in capital punishment. This is a critical time for stakeholders and all members of a civilized society to pause and reflect on the role of capital punishment.

  2. PROCESSION OF "TEPUNG TAWAR" AS AN ALTERNATIVE SOLUTION FOR CRIMINAL CASE IN MALAY CUSTOM LAW OF RIAU

    Directory of Open Access Journals (Sweden)

    Erdianto

    2015-01-01

    Full Text Available Implementation of the principle of legality in criminal law enforcement Indonesia in fact has caused some problems in the case and piling them over the prison capacity. It is necessary to find a model that is based on the completion of criminal cases and restorative local wisdom . One model that is “tepung tawar” in Malay society . Through empirical legal research found that the model completion of minor criminal matters in the Malay community is not united in procession “tepuk tepung tawar” but in other models, namely the density “ninik mamak” or different with “tepung tawar” practices applied in Jambi and South Sumatra , but the settlement of disputes and several criminal cases in the Malay community is also done with a model of restorative approaches .

  3. The Preliminary Discussion of Eyewitness's False Memory and Criminal Justice%目击证人的错误记忆与刑事司法公正刍论

    Institute of Scientific and Technical Information of China (English)

    刘修军; 吴玉萍

    2014-01-01

    The testimony of eyewitness has a very important significance in the investigation of criminal cases and criminal proce-dure, but it should be noted that the false memory of eyewitness can have an undue influence on the case in a variety of factors, accord-ing to different types of cases represented in different ways. This requires the testimony of witnesses should examine and judge carefully in the court attest, the rules of procedure, the chain of evidence and so on, so as to realize the value of the criminal justice pursuit.%目击证人的证言对于刑事案件的破解和刑事诉讼活动有非常重要的意义,但需要注意的是目击者的错误记忆在多种因素作用下对案件会有不当影响,针对不同案件类型有不同的表现方式。这就需要我们对目击证人的证言在法庭鉴证、程序规则、证据链条方面更严谨细致地予以审查和判断,从而实现刑事司法的正义价值追求。

  4. Making and Unmaking the Endangered in India (1880-Present: Understanding Animal-Criminal Processes

    Directory of Open Access Journals (Sweden)

    Varun Sharma

    2015-01-01

    Full Text Available The concerns of the present paper emerge from the single basic question of whether the available histories of the tiger are comprehensive enough to enable an understanding of how this nodular species comprises/contests the power dynamics of the present. Starting with this basic premise, this paper retells a series of events which go to clarify that a nuanced understanding of the manner in which a species serves certain political purposes is not possible by tracking the animal alone. A discourse on endangerment has beginnings in the body and being of species that are remarkably cut off from the tiger-the elephant, birds, and the rhino (and man if we might add-and develops with serious implications for power, resource appropriation, and criminality, over a period of time, before more directly recruiting the tiger itself. If we can refer to this as the intermittent making and unmaking of the endangered, it is by turning to the enunciations of Michel Foucault that we try to canvas a series of events that can be described as animal-criminal processes. The role of such processes in the construction of endangerment, the structuring of space, and shared ideas of man-animal relations is further discussed in this paper.

  5. Another Brick in the Whole. The Case-Law of the Court of Justice on Free Movement and Its Possible Impact on European Criminal Law

    Directory of Open Access Journals (Sweden)

    Mancano Leandro

    2016-05-01

    Full Text Available European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.

  6. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  7. 28 CFR Appendix to Part 20 - Commentary on Selected Sections of the Regulations on Criminal History Record Information Systems

    Science.gov (United States)

    2010-07-01

    ... York's Division of Criminal Justice Services. § 20.3(i). Disposition is a key concept in section 524(b... permissible for a criminal justice agency to confirm certain matters of public record information upon.... § 20.21(e) Since it would be too costly to audit each criminal justice agency in most States (Wisconsin...

  8. Development of Restorative Justice in China: Theory and Practice

    OpenAIRE

    Yinzhi Shen

    2016-01-01

    Restorative justice has become a global social movement for criminal justice reform, with over eighty countries adopting some form of restorative justice program to tackle their crime problems. The theory of restorative justice was introduced to the Chinese academia in 2002. So far, various restorative justice programs have been developed in China. This paper aims to systematically review the development of restorative justice in China by analyzing academic literature on restorative justice a...

  9. Applying Social Justice to Oppression and Marginalization in Group Process: Interventions and Strategies for Group Counselors

    Science.gov (United States)

    Burnes, Theodore R.; Ross, Katherine L.

    2010-01-01

    A call from the group counseling literature (Brown, 2009) recognizes the need for theoretical and empirical writings that explore the intersection of social justice and counseling practice, as many counselors are unprepared to address the impact of oppression and privilege on group process. The authors explore these issues by making…

  10. [The mind on the stage of justice: the formation of criminal psychology in the 19th century and its interdisciplinary research].

    Science.gov (United States)

    Vec, Milos

    2007-09-01

    Criminal psychology emerges at the end of the 18th century as a new academic discipline in lectures and publications. It has recently been investigated by a considerable number of contributions from researchers of different academic backgrounds. In many respects criminal psychology can be seen as a predecessor of criminology. Its subject is the analysis of the origins of crime and its causes and determinants in the human mind. Criminal psychology embraced at that time philosophical, medical, legal and biological aspects. The latter increase in importance in the second half of the 19th century. The conditions of individual responsibility were generally codified in penal law, but had to be individually investigated in crucial cases through expertise in court. There a conflict emerged between medical experts and judges about their ability and competence to decide. At the end of the 19th century criminal psychology is used to fulfil the needs and interests of a criminal law which understands itself as increasingly utilitarian. Force and new instruments of treatment of offenders were legitimized by scientists who were very optimistic about their own epistemological abilities.

  11. Restorative justice as social justice for victims of gendered violence: a standpoint feminist perspective.

    Science.gov (United States)

    van Wormer, Katherine

    2009-04-01

    This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women's victimization are victim-offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a feminist standpoint. The discussion is informed by insights from the teachings of standpoint feminist theory and social work values, especially social justice.

  12. PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin

    2017-01-01

    justice (Pt. 1, Art. 6 of the Criminal Code. 7 Rules of court fine actually allow re-use of penalties and, moreover, consistent application of the two main types of punishment, although no one can be held criminally responsible twice for the same offense (Pt. 2, Art. 6 of the Criminal Code.

  13. Criminal Protection Of The Criminal Legal Proceedings Lawful Procedure

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-09-01

    Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.

  14. CRIMINAL PROCEEDINGS AGAINST CHILD

    Directory of Open Access Journals (Sweden)

    Marija Jovanova

    2015-07-01

    Full Text Available Juvenile criminal law is part of the criminal law of a country, it is set of rules and regulations governing the rights and obligations of the minors concerned. Criminal proceedings against a child will raise if there is a crime which has been committed by the child when the child or minor may be answerable for the deed pursuant to justice for children. When it comes to criminal proceedings against a child that is significantly different from the procedure against adult offenders because here we have a special category of people who still do not have sufficient mental maturity and procedures that would guide could have negative consequences child. What characterizes proceedings against a child is that the main emphasis is on offense but the offender. Another feature of the criminal proceedings against children that have some direct criminal proceeding in the direction of an alternative procedure , for example in front of Social Work or a procedure in which a whole would raise concerns about the child's personality , there are numerous variations and entire procedure is conducted in the best interest of the child.

  15. A recruitment and selection process model: the case of the Department of Justice and Constitutional Development

    OpenAIRE

    Thebe, T P; 12330841 - Van der Waldt, Gerrit

    2014-01-01

    The purpose of this article is to report on findings of an empirical investigation conducted at the Department of Justice and Constitutional Development. The aim of the investigation was to ascertain the status of current practices and challenges regarding the processes and procedures utilised for recruitment and selection. Based on these findings the article further outlines the design of a comprehensive process model for human resource recruitment and selection for the Department. The model...

  16. PUBLICATION BANS IN A FACEBOOK AGE: HOW INTERNET VIGILANTES HAVE CHALLENGED THE YOUTH CRIMINAL JUSTICE ACT’S “SECRECY LAWS” FOLLOWING THE 2011 VANCOUVER STANLEY CUP RIOT

    Directory of Open Access Journals (Sweden)

    Tania Arvanitidis

    2016-08-01

    Full Text Available On June 15th, 2011, a hockey riot occurred in Vancouver, British Columbia. This event is prominent in Canada’s history for, among other reasons, the unprecedented extent to which it was documented via photographs and video footage. The days that followed the riot saw much of this media documentation uploaded to social media platforms on the Internet, where Internet users worked together to identify and collectively “name and shame” those believed to have been involved in the disturbance. Several individuals targeted by these “Internet vigilantes” were young offenders whose identities are legally protected from publication under the Youth Criminal Justice Act (YCJA. This article examines the phenomenon of “Internet vigilantism”, and raises the issue of whether those provisions within the YCJA that prohibit the identification of youth remain relevant today, given the current difficulties in enforcing these provisions. Following an overview of these “secrecy provisions”, the phenomenon of Internet vigilantism is defined, and challenges posed by acts of Internet vigilantism are discussed. A “naming and shaming” Facebook group created for the purpose of identifying participants in the 2011 Vancouver riot is then looked to as a case study of Internet vigilantism in action. This article concludes with recommendations for how justice officials and social media outlets may modify current practices to better protect the safety and security of young offenders, and to minimize harmful instances of Internet vigilantism.

  17. RESTORATIVE JUSTICE UNTUK PERADILAN DI INDONESIA (Perspektif Yuridis Filosofis dalam Penegakan Hukum In Concreto

    Directory of Open Access Journals (Sweden)

    Kuat Puji Prayitno

    2012-03-01

    Full Text Available Restorative justice is a philosophy, a process, an idea, a theory and an intervention, that emphasizes repairing the harm caused or revealed by criminal behaviour. This process is in stark contrast to the established way of addressing crime which are seen as offences committed against the State. Restorative justice finds its footing in the basic philosophy of the four precepts of Pancasila, namely prioritizing deliberation in decision making. Purpose of the settlement with the Victim Offender Mediation is to "humanize" the justice system, that fairness is able to answer what the actual needs of victims, offenders and communities.

  18. Processes of In-Hospital Psychiatric Care and Subsequent Criminal Behaviour Among Patients With Schizophrenia: A National Population-Based, Follow-Up Study

    DEFF Research Database (Denmark)

    Pedersen, C. G.; Jensen, S. O. W.; Johnsen, S. P.

    2013-01-01

    Objectives: It is unknown whether evidence-based, in-hospital processes of care may influence the risk of criminal behaviour among patients with schizophrenia. Our study aimed to examine the association between guideline recommended in-hospital psychiatric care and criminal behaviour among patien...

  19. Processes of In-Hospital Psychiatric Care and Subsequent Criminal Behaviour Among Patients With Schizophrenia: A National Population-Based, Follow-Up Study

    DEFF Research Database (Denmark)

    Pedersen, Charlotte Gjørup; Olrik Wallenstein Jensen, Signe; Johnsen, Søren Paaske

    2013-01-01

    Objectives: It is unknown whether evidence-based, in-hospital processes of care may influence the risk of criminal behaviour among patients with schizophrenia. Our study aimed to examine the association between guideline recommended in-hospital psychiatric care and criminal behaviour among patien...

  20. The perfect match: Do criminal stereotypes bias forensic evidence analysis?

    Science.gov (United States)

    Smalarz, Laura; Madon, Stephanie; Yang, Yueran; Guyll, Max; Buck, Sarah

    2016-08-01

    This research provided the first empirical test of the hypothesis that stereotypes bias evaluations of forensic evidence. A pilot study (N = 107) assessed the content and consensus of 20 criminal stereotypes by identifying perpetrator characteristics (e.g., sex, race, age, religion) that are stereotypically associated with specific crimes. In the main experiment (N = 225), participants read a mock police incident report involving either a stereotyped crime (child molestation) or a nonstereotyped crime (identity theft) and judged whether a suspect's fingerprint matched a fingerprint recovered at the crime scene. Accompanying the suspect's fingerprint was personal information about the suspect of the type that is routinely available to fingerprint analysts (e.g., race, sex) and which could activate a stereotype. Participants most often perceived the fingerprints to match when the suspect fit the criminal stereotype, even though the prints did not actually match. Moreover, participants appeared to be unaware of the extent to which a criminal stereotype had biased their evaluations. These findings demonstrate that criminal stereotypes are a potential source of bias in forensic evidence analysis and suggest that suspects who fit criminal stereotypes may be disadvantaged over the course of the criminal justice process. (PsycINFO Database Record

  1. 28 CFR 3.2 - Assistant Attorney General, Criminal Division.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Assistant Attorney General, Criminal Division. 3.2 Section 3.2 Judicial Administration DEPARTMENT OF JUSTICE GAMBLING DEVICES § 3.2 Assistant Attorney General, Criminal Division. The Assistant Attorney General, Criminal Division, is authorized to...

  2. Investigating U.S. Links to Nazi War Criminals.

    Science.gov (United States)

    Holtzman, Elizabeth

    1984-01-01

    The list of United States government connections with Nazi war criminals is a long one. We must ensure that Nazi war criminals living in America are brought to justice. And we must both explore and expunge the history of our government's relations with Nazi war criminals. (CS)

  3. End of an era. Justice Department ends nine-year criminal probe of Columbia/HCA executives, but company recovery began earlier.

    Science.gov (United States)

    Galloro, Vince

    2002-07-29

    The longest, costlest criminal healthcare fraud probe in U.S. history is finally over, but its ripple effects are likely to continue. The Columbia/HCA Healthcare Corp. case raised questions about healthcare accounting practices long before the current wave of corporate scandals. But the consensus is that the most crucial step in retooling HCA's image was restoring Thomas First Jr. (left) as chairman and CEO.

  4. El impacto de la educación de la justicia criminal en el clima político-socio-económico de naciones de transición y desarrollo/The impact of the education of criminal justice in the socio–economic-politic climate of countries in transition and development

    Directory of Open Access Journals (Sweden)

    Chris Eskridge (Estados Unidos de América

    2014-01-01

    Full Text Available Se propone que los esfuerzos sean emprendidos para desarrollar los departamentos académicos de la Criminología y justicia criminal dentro de los sistemas educativos más altos de naciones desarrolladas y de transición. Es mi proposición que en tiempo, este plan estratégico reducirá el alcance y la extensión de la corrupción en estas naciones y moverá generalmente el crimen en un contexto más manejable. Esto en cambio rendirá una oportunidad aumentada para tales naciones como asegurar la inversión externa, darse cuenta de la estabilidad económica aumentada, y participar eventualmente en un grado más grande en la economía del mercado global. It is proposed that efforts be undertaken to develop the academic departments of Criminology and criminal justice within educational systems highest of developed nations and transition. It is my proposition that in time, this strategic plan will reduce the scope and extent of corruption in these Nations and generally move the crime in a more manageable context. This will instead pay a chance increased to such Nations as ensuring foreign investment, realizing increased economic stability, and eventually participate in a larger extent in the global market economy.

  5. 刑法谦抑理念下的刑法修正问题研究%The Research of the Amendment of Criminal Law under the Austerity of Criminal Law

    Institute of Scientific and Technical Information of China (English)

    王军明

    2016-01-01

    Justice is the inherent requirement and character of the criminal law. As“the wisdom of solidification”, the codification of the written code is generally considered to be a great achievement of a society. Of course, this is also an important system protection of the modern country ruled by law. The mode of criminal legislation with Chinese characteristics is a legislative model of the combination of criminal code and criminal law a-mendment. Despite the limitations of the codification of criminal law is objective,the amendment of criminal law is the expression of the realization of criminal justice, and the criminal law amendment with the nature of the legislation should also be under the guidance of the concept of justice;then, the austerity of criminal law that is in line with the idea of substantive justice should be stick to comply with. So, justice can be conformed in the de-velopment of criminal law development;at the same time, the criminal law can be also nourish and continued to be improved in the process.%正义是刑事制定法的内在要求与品格特征。作为“凝固的智慧”,成文法典的编纂通常被认为是一个社会的巨大成就。当然,这也是现代法治国家重要的制度保障。中国特色刑事立法模式是以刑法典与刑法修正案相结合的立法模式。尽管刑事法典编纂的局限性是客观存在的,但通过刑法修正案的方式修正刑法仍是表达刑事正义的实现方式,而具有立法性质的刑法修正案也应该在符合正义的理念指导下进行;那么,符合正义理念实质性要求的刑法谦抑理念就应该被遵从与坚守。惟此,正义才能在充满生机的刑事制定法的发展中得到确认与追溯;与此同时,刑事制定法也能在这个过程中得到滋养与走向不断完善。

  6. Setting a minimum age for juvenile justice jurisdiction in California.

    Science.gov (United States)

    S Barnert, Elizabeth; S Abrams, Laura; Maxson, Cheryl; Gase, Lauren; Soung, Patricia; Carroll, Paul; Bath, Eraka

    2017-03-13

    Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one.

  7. 藏区刑事司法的实证研究——以四川S藏区为例%An Empirical Study of Criminal Justice in the Tibetan Areas-A Case Study in S Tibetan Areas of Sichuan

    Institute of Scientific and Technical Information of China (English)

    叶晓彬

    2015-01-01

    以S藏区为样本, 通过实证, 考察藏区刑事司法运行的现状, 发现该地区刑事司法在实践中仍然受到严峻挑战, 通过逻辑分析其原因, 提出相应对策建议, 以期对藏区的法治建设有所裨益.%The article adopts empirical study of the situation of criminal justice in S Tibetan areas of Si-chuan, and it finds that the criminal justice in this area is still faced with severe challenges in practice. So the article tries to make a logical analysis of the reasons and puts forward some suggestions in order to promote the legal construction in Tibetan areas.

  8. Supervision by Public Opinions,Trial by Media and Independence of Criminal Justice%论舆论监督、媒体审判与刑事司法独立关系

    Institute of Scientific and Technical Information of China (English)

    刘春园

    2016-01-01

    At present,the public participation in judicial procedures has become increasingly popular and media reports on criminal cases more transparent. This has brought about a group of typical cases which showcase the tension between the supervision by public opinions and the independence of criminal justice from different perspectives. Due to the differences in their basic principles,the supervision by public opinions has long been in conflict with the independence of criminal justice,though they are both based on constitutional legitimacy and objective rationality. A good institutional design should strike a balance between them,which depends on adequate exploration in both theory and practice. To achieve this goal,it is necessary for us to analyze how the supervision by public opinions is alienated and why the trial executed by the media take shape in order to promote the judicial justice. On this basis,we have to work out good measures for building effective principles of the supervision by public opinions,defining the right position for those who are involved in the supervision,and ensuring the self-discipline of the supervisors. A good institutional framework where the public supervision can interact with judicial independence productively also lies in due understanding of the true meaning of the principle of judicial independence and the value of its procedures.%随着民众参与司法之理念深入人心,媒体对刑事案件报道的透明性增强,一批具有鲜明特点的典型案例群出现在刑法理论研究视野,每一个案均从不同角度展现着公众舆论监督与刑事司法独立性之间的交织与博弈。基于本质属性的相异,舆论监督与刑事司法独立之冲突由来已久,而二者均具有合宪性与合理性依据,良好的制度设计应当在二者之间保持合理张力。通过理论与实务层面的探讨,有必要以促进司法公正为契合点,展现舆论监督的异化过程,归纳媒体

  9. The notion and basic principles of restorative justice

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja

    2007-01-01

    Full Text Available One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .

  10. After many years, I was deported. Identifying and\tdeportation process of non-criminal immigrant women

    Directory of Open Access Journals (Sweden)

    David Rocha Romero

    2013-07-01

    Full Text Available In United States, immigration laws punish with greater severity to non-criminal illegal immigrants. The fight against terrorism and the economic crisis gave impetus to the greatest punishment of all: deportation. Based on ten interviews with not offenders women deported in Tijuana, it was found that arrests involved more and more local police, promoting more insecure places for them; it was also found that in the process of arrest to deport, random or chance encounter is present.

  11. The reshaping of the criminal justice idea in prevent wrong case ——case of Nianbin for example%防范错案中刑事司法理念的重塑——以念斌案为视角分析

    Institute of Scientific and Technical Information of China (English)

    章松涛; 张闻捷

    2015-01-01

    错案的发生对司法公正、司法权威、人权保障具有严重的破坏,其产生的根本原因在于无罪推定、疑罪从无等刑事司法理念的缺失,本文以念斌案为视角分析,提出在深化刑事司法体制改革的背景下,重塑刑事司法理念是防治错案发生的关键举措.%The misjudged cases occurred serious damage to the judicial justice and judicial authority, guarantee of human rights, is the fundamental cause of the presumption of innocence, suspected crimes from the lack of criminal justice idea, in the perspective of read bin case analysis, this paper put forward under the background of deepening the reform of the criminal justice system, reshape the criminal judicial idea is the key to the prevention and treatment of misjudged cases occurred.

  12. A (inefetividade da justiça criminal brasileira: uma análise do fluxo de justiça dos homicídios no Distrito Federal = The (ineffectiveness of the Brazilian criminal justice: an analysis of the homicide justice flow in the Federal District

    Directory of Open Access Journals (Sweden)

    Costa, Arthur Trindade Maranhão

    2015-01-01

    Full Text Available Embora recentes no Brasil, os estudos sobre fluxo de justiça criminal têm se tornado mais frequentes. Assim, na última década aumentou o número de pesquisas que buscam analisar as formas e dinâmicas como o Sistema de Justiça Criminal (SJC processa as ocorrências criminais. Alguns estudos buscaram analisar os principais gargalos entre as ocorrências criminais e as sentenças judiciais. Outros estudos analisaram os tempos de tramitação dos processos no sistema de justiça criminal em São Paulo. Apesar da variedade de fontes, metodologias, de forma geral, esses estudos têm analisado o funcionamento do sistema de justiça criminal brasileiro a partir da sua eficiência. Ou seja, avaliam a (incapacidade do sistema de processar adequadamente toda a demanda por punição. Pouco tem sido discutido sobre a efetividade da punição, suas causas e efeitos. Neste artigo, discutimos a baixa efetividade do sistema de justiça criminal a partir da análise do fluxo de justiça dos homicídios no Distrito Federal

  13. Criminal behavior and cognitive processing in male offenders with antisocial personality disorder with and without comorbid psychopathy.

    Science.gov (United States)

    Riser, Rebecca E; Kosson, David S

    2013-10-01

    Antisocial personality disorder (ASPD) and psychopathy are 2 important syndromes with substantial utility in predicting antisocial behavior. Although prior studies have identified correlations between various factors and the presence of psychopathy or ASPD, most studies have focused on 1 syndrome or the other. Consequently, it is unclear whether the 2 syndromes reflect similar pathophysiologies, whether they are in fact 2 distinct syndromes, or whether the correlates of ASPD reflect its high comorbidity with psychopathy. The present study addressed this issue by examining the impact of ASPD with and without comorbid psychopathy (as assessed by the Psychopathy Checklist-Revised) on criminal offending and cognitive processing in 674 adult male inmates at a county jail in Illinois. Participants exhibited either ASPD and comorbid psychopathy, ASPD but not psychopathy, or neither ASPD nor psychopathy. Participants with and without comorbid psychopathy were characterized by more criminal behavior than controls, and inmates with ASPD and psychopathy exhibited more severe criminal behavior than those with ASPD only. In addition, inmates with ASPD and psychopathy exhibited a different pattern of cognitive task performance impairment than those with ASPD alone. Results replicate the findings of Kosson, Lorenz, and Newman (2006) and provide new evidence suggesting that men with ASPD and comorbid psychopathy are characterized by cognitive processing anomalies different from those seen in ASPD without comorbid psychopathy.

  14. The Relevant Physical Trace in Criminal Investigation

    Directory of Open Access Journals (Sweden)

    Durdica Hazard

    2016-01-01

    Full Text Available A criminal investigation requires the forensic scientist to search and to interpret vestiges of a criminal act that happened in the past. The forensic scientist is one of the many stakeholders who take part in the information quest within the criminal justice system. She reads the investigation scene in search of physical traces that should enable her to tell the story of the offense/crime that allegedly occurred. The challenge for any investigator is to detect and recognize relevant physical traces in order to provide clues for investigation and intelligence purposes, and that will constitute sound and relevant evidence for the court. This article shows how important it is to consider the relevancy of physical traces from the beginning of the investigation and what might influence the evaluation process. The exchange and management of information between the investigation stakeholders are important. Relevancy is a dimension that needs to be understood from the standpoints of law enforcement personnel and forensic scientists with the aim of strengthening investigation and ultimately the overall judicial process.

  15. Strengthening Social Justice in Informal Dispute Resolution Processes Through Cultural Competence

    Directory of Open Access Journals (Sweden)

    Gemma Smyth

    2009-02-01

    Full Text Available Professor Voyvodic’s call for cultural competence as an ethical requirement challenges perceptions of the legal profession as inherently and necessarily morally neutral. While lawyers wrestle with the boundaries of ethical mandates, alternative dispute resolution practitioners have adopted their own codes of ethics following very much in the path of the law. Although expanding dispute resolution options for disputants, many theorists have warned of the potential of informalism to undermine natural justice principals. I will argue that the choice to omit any explicit commitment to a “social justice ethic” leaves the practice of ADR vulnerable to these decades-old arguments that informalism erodes protections for marginalized populations. As such, I will argue that mediators must call for an explicit social justice mandate in their codes of conduct, training and practices to cement the place of informal processes as equitable – not just efficient – options for settlement. In doing so, informal processes, particularly mediation, may increase discourse in civil society about human rights, thus strengthening their congruence with lived realities of citizens. L’appel que fait la professeure Voyvodic en faveur de compétence culturelle comme exigence éthique lance un défi aux avocats de considérer la compétence culturelle comme étant centrale à leur rôle professionnel, et conteste les suppositions de neutralité morale qui sont centrales à la pratique juridique traditionnelle. Pendant que les avocats débattent les frontières de mandats éthiques, ceux et celles qui s’intéressent au règlement extrajudiciaire de conflits (REC ont adopté leurs propres codes de déontologie qui, suivant de près les sentiers du droit, omettent généralement toute mention de justice sociale, de compétence culturelle ou de droits de la personne. À mon avis, le choix d’omettre un engagement explicite envers la compétence culturelle et la

  16. Study on the Future of Mutual Recognition in Criminal Matters in the European Union

    DEFF Research Database (Denmark)

    Vestergaard, Jørn; Adamo, Silvia

    2008-01-01

    in an extradition case is the judicial decision issued in the requesting country. The conditions for surrender are less burdensome than previously, and the process is speedy. Similar schemes have been introduced regarding fines, confiscation and evidence but have so far only been of minor practical relevance......Practitioners in the criminal justice system are fairly content with the European Arrest Warrant and other schemes based on the principle of mutual recognition of judicial decisions. This is the result of a survey published by Professor of Criminal Law Jørn Vestergaard and research asststant Silvia...

  17. Development of the contemporary concept of restorative justice: Towards increased visibility of crime victims

    Directory of Open Access Journals (Sweden)

    Ćopić Sanja

    2012-01-01

    Full Text Available Contemporary concept of restorative justice emerged at the end of 1960s and the beginning of 1970s, at the time when repression and social exclusion stared to show their lacks. Restorative justice has emerged on the critics of the conventional criminal justice response to crime, which denies the power to both the victim and the offender, and particularly neglecting a victim and minimizing his/her role in the procedure. While the accent of the repressive discourse is on the crime and punishment, restorative discourse is focused on the relationship between parities involved in a criminal case, who should actively participate in the process of finding out adequate solution of the problem arose from the criminal offence. Keeping that in mind, it is quite obvious that theoretical knowledge, concepts and movements that are focused on victims, their rights, legal and overall position had the strongest impact on the development of restorative justice. Taking that as a departure point, the impact of the “conflict as property” concept, victimology, movement for the restitution, movement for victim’s rights, and feminist movement, on the development of a contemporary concept of restorative justice is analyzed in this paper, and vice versa.

  18. Sistema de justiça criminal e violência doméstica contra as crianças e os adolescentes: um estudo sociológico The criminal justice system and domestic violence against children and adolescents: a sociological study

    Directory of Open Access Journals (Sweden)

    Mari Cleise Sandalowski

    2006-06-01

    Full Text Available A violência doméstica contra as crianças e os adolescentes constitui hoje um dos parâmetros de discussão apresentados pelos movimentos sociais e pela sociedade civil. Reconhecida há poucas décadas como um problema social no país, ela representa um dos componentes relacionados aos debates sobre a operacionalidade da justiça no Brasil. Neste artigo procura-se discutir a relação existente entre os conflitos sociais, envolvendo a infância e a adolescência, e a justiça, através da análise do tratamento conferido pelo sistema de justiça criminal em Santa Maria, município de 266 mil habitantes a 300 quilômetros da capital do estado do Rio Grande do Sul. Para tanto, teve-se por objetivo examinar, além do modo como estes embates sociais são encaminhados para os mecanismos de controle social formal, os procedimentos adotados pelos operadores do direito perante estes litígios e os tipos de sentenças terminativas atribuídas a estas ações judiciais criminais, buscando compreender quais são os elementos prevalecentes nestas decisões, a partir de uma caracterização da população que acessa este sistema.Domestic violence again children and adolescents currently constitutes an important issue for discussion by social movements and civil society. Recognized in recent decades as a social problem in Brazil, it is one of the components of the debates about the exercise of justice in Brazil. This article seeks to discuss the existing relationship between the social conflicts involving childhood and adolescence and the judicial system through an analysis of how this problem is treated by the criminal courts in Santa Maria, a municipality of 266 thousand people, 300 kilometers from the capital of Rio Grande do Sul State. To do so, it examined how these social conflicts are handled by the formal mechanisms of social control and the procedures adopted by legal authorities in response to the legal conflicts and the types of sentences

  19. THE DISTINCTIVE FEATURES OF EUROPEAN CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Lamya - Diana AL-KAWADRI

    2014-06-01

    Full Text Available This study aims to analyze the case law of the ECJ and ECHR on the nature of administrative sanctions and their relation to criminal law. Also, some important criteria used by different Member States in their own legal systems in differentiating between criminal and administrative sanctions are presented. As it will be shown in this study, in establishing the difference between administrative and criminal offence sanctions, the case law of both the European Court of Human Rights and the Court of Justice of the European Union offer an indirect definition of criminal offence through its penalty. Thus, a certain behavior, if sanctioned in a procedure that could be labeled as ‘criminal procedure’, is necessarily a criminal offence.

  20. Prabowo and the shortcomings of international justice

    DEFF Research Database (Denmark)

    Tan, Nikolas Feith

    2015-01-01

    under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...

  1. How do Criminal Defence Barristers Work with Psychological Distress throughout the Courtroom Process?

    OpenAIRE

    Kelly , Lynsey

    2015-01-01

    Whilst a significant proportion of those coming through the Magistrates’ Court have mental health difficulties and associated social disadvantage and vulnerability, there would appear to insufficient resources to meet their needs. Eight criminal defence barristers, who received no professional training in mental health, were interviewed about their experience of working with these clients. Thematic analysis of data, from a critical realist epistemological position, generated two themes. “Work...

  2. Social and organizational impacts of the electronic processing system of the brazilian superior tribunal of justice

    Directory of Open Access Journals (Sweden)

    Christiana Soares de Freitas

    2015-10-01

    Full Text Available This paper presents a study on the social and organizational impacts of the Electronic Processing System (EPS implemented in 2008 by the Brazilian Superior Tribunal of Justice (STJ. This system is part of a wider transformation process involving the implementation of a new management model at the STJ. The theoretical framework is based on the Technology Enactment Theory and other studies on the role of technological innovations in public organizations (Fountain, 2005; Freitas, 2012. The main goal of the research is to identify the most significant factors facilitating or inhibiting the innovation adoption. Results show different impacts of the EPS on professional groups and organizations. Political, cultural and economic aspects influence stakeholders’ perceptions of the innovation, including its sustainability, time and costs savings that impact the rate of adoption and the realization of benefits both to users and the organization investing in its development.

  3. On the interpretation of criminal law under the restriction of justice and legal interests——The explanation of Special P%正义与法益规制下的刑法解释——读张明楷教授《刑法分则的解释原理》

    Institute of Scientific and Technical Information of China (English)

    毛舒逸

    2011-01-01

    The interpretation of criminal law,as a connection between legislation and application of criminal law,is an essential way to achieve justice and purposes of criminal law.The integrating point of justice concept with macro roles and legal interests with r%作为联结刑事立法和刑法适用桥梁的刑法解释,是实现正义和刑法目的的重要途径。发挥宏观指引作用的正义理念与起中观规制作用的法益的契合点是罪刑法定原则和罪刑均衡原则。刑法解释者应当心怀正义,围绕法益这一核心概念,在罪刑法定与罪刑均衡两大原则的制约下,目光往返于生活事实和刑法规范之间,充分运用各种刑法解释方法,从定罪与量刑方面对刑法条文做出最合理而圆满的解释,从而保护法益,促成刑法正义的实现。

  4. Forms of the criminal environment counteraction to performing the function of state protection of participants in criminal proceedings and measures of its neutralization

    Directory of Open Access Journals (Sweden)

    Dubonosov E.S.

    2014-12-01

    Full Text Available Criminal environment’s counteraction is considered as purposeful, active and intentional influence of its representatives on participants in criminal proceedings. It is directed at persons who, due to their professional duties, are involved in detection and investigation of crimes as well as court proceedings, or who possess evidentiary information (witnesses, victims, etc.. Counteraction may be expressed in different ways: discrediting operatives, investigators and judges; pressure on persons involved in the investigation and the trial through bribery, blackmail, threats to life and health of themselves and their family, etc. The administration of justice becomes inefficient due to the variety of forms and purposes of counteraction. The importance of operational units’ awareness of the activities of criminal environment representatives is shown. The importance of revealing the facts of unlawful influence on witnesses and victims of crime, who subsequently acquire procedural status of witnesses and victims, in order to prevent such facts is also stressed. It is proposed to suppress the counteraction of criminal environment by following ways: 1 identifying (with the help of informants and by crime detection actions the persons attempting to influence the preliminary investigation; 2 documenting the suspects actions aimed at illegal influence on participants in criminal proceedings for the purpose of conducting the procedural actions and decision making; 3 “in cell” (using an agent crime detection actions against detainees and arrestees throughout the whole process of covert operation; 4 creating investigative team to develop a common mechanism to neutralize criminal environment’s counteraction to crime investigation.

  5. El aspecto científico de la trilogía “ministerio público-policía-peritos” en el nuevo proceso penal de corte acusatorio, adversarial y oral en México/The scientific aspect of the trilogy "public-police-expert ministry" in the new adversarial criminal process, and oral adversarial court in Mexico

    Directory of Open Access Journals (Sweden)

    Juan Antonio Maruri Jiménez

    2015-05-01

    Full Text Available The last June 18, 2008 the Decree amending Articles 16, 17, 18, 19, 20, 21, 22 are amended was published; (the fractions XXI and XXIII of Article 73, Section VII of Article 115 and section XIII paragraph B of Article 123 of the Constitution of the United Mexican States, giving rise to the Constitutional reform of criminal justice, emerging as basic expectations: total transformation of the criminal justice system; effectively guarantee the validity of the “due process” in criminal matters restore confidence in the criminal justice system and its institutions doing research and efficient prosecution of crimes, the accused is greater assurances defense thereby ensuring the protection, support and participation of victims and injured, and safeguard the principles governing a Democratic-State Constitutional Law.

  6. 28 CFR 0.46 - Certain civil litigation and foreign criminal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Certain civil litigation and foreign criminal proceedings. 0.46 Section 0.46 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Civil Division § 0.46 Certain civil litigation and foreign criminal proceedings....

  7. Bridging Theory and Practice: A Critical Discourse Analysis of a Social Justice Initiative within a Narrative Supervision Process

    Science.gov (United States)

    Kahn, Sarah Zeta

    2013-01-01

    The purpose of this study was to increase the current understanding of what occurs within a narrative supervision process and to explore how this approach to supervision can contribute to the development of educational practices that promote social justice efforts in the field of marriage and family therapy. In particular, this study sought to…

  8. Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

    Directory of Open Access Journals (Sweden)

    Klodjan Skenderaj

    2014-01-01

    Full Text Available A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice’s bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it’s the only way to

  9. A Functional Perspective on the Justice Judgment Process and Its Consequences

    NARCIS (Netherlands)

    Wijn, R.

    2009-01-01

    A vast body of research points to the importance of justice to people. Justice exists between individuals and groups of individuals and is thus a social phenomenon. Communication constitutes an important part of the social construction of what is considered fair or unfair. It is for this reason that

  10. A Functional Perspective on the Justice Judgment Process and Its Consequences

    NARCIS (Netherlands)

    Wijn, R.

    2009-01-01

    A vast body of research points to the importance of justice to people. Justice exists between individuals and groups of individuals and is thus a social phenomenon. Communication constitutes an important part of the social construction of what is considered fair or unfair. It is for this reason that

  11. Nationalization of International Criminal Norm of Crime and Punishment

    Institute of Scientific and Technical Information of China (English)

    Xiaomeng LI

    2011-01-01

    1.OverviewThe issue for this paper is Korean situation of nationalization of international treaty that contains provisions of crime and punishment,It has come to be a very important issue,in that,through bilateral or multilateral agreement,international criminal norm regarding crime and punishment that often does not correspond to Korean criminal justice system,has been and will be implanted in it.Not every international norm that was introduced in Korean criminal justice system has been great.As everyone knows,because a criminal justice system,if it is abused,can easily violate a citizen's liberty and right,we should pay more attention to what is introduced in Korean criminal justice system,under the name of international cooperation and progressive norm of criminal justice policy.In short,the tactics for the benefit of state power lead to the creation of so-called a new system,to cope with new criminal phenomenon.

  12. Domesticating Social Justice Activism in the Global Era? The Process of Reconfiguring the Czech Social Justice Movement in Times of Crisis

    Directory of Open Access Journals (Sweden)

    Jiri Navratil

    2014-04-01

    Full Text Available The contemporary economic crisis is sometimes labeled as the greatest crisis of capitalism since the Great Depression. Therefore one might expect it to become a perfect mobilizing grievance for the transnational social justice movement, which used to target the ideology of neoliberal governance and social consequences of unrestricted global financial markets. However, the current responses to the crisis and consequent austerity policies have remained mostly embedded at the national or even local level. The symbols of this struggle—Los Indignados and the Occupy movement—have focused on targeting national political issues rather than on organizing transnational coalitions and international protest events, while paying little attention to the role of global institutions and corporations. This article focuses on the case of Czech Republic and traces two broad processes—scale shift and identity shift— that led to a broader change in the meta-logic of social justice mobilization. These processes and their constituent mechanisms have transformed the globally-focused and weakly-integrated movement into dense and nationally embedded coalitions that have started to target the national consequences of neoliberal governance instead of its global political foundations.

  13. Accountability in Teenage Dating Violence: A Comparative Examination of Adult Domestic Violence and Juvenile Justice Systems Policies

    Science.gov (United States)

    Zosky, Diane L.

    2010-01-01

    Unlike in the adult criminal justice system, where domestic violence policies hold perpetrators accountable for their violence, the juvenile justice system rarely addresses teenage dating violence. Although the adult criminal justice system has pursued policies toward intimate partner violence grounded on a "zero tolerance" ideology, the juvenile…

  14. Potential Partnerships: Progressive Criminology, Grassroots Organizations and Social Justice

    Directory of Open Access Journals (Sweden)

    Tim Goddard

    2015-12-01

    Full Text Available Criminologists around the globe are writing about the disproportionate criminalization of minority groups and – in the US in particular – about racial disproportionality in all aspects of the criminal justice system. This wealth of knowledge in progressive criminology rarely animates reform efforts: it has had little impact on formal policymaking, and has failed to animate the work of grassroots activists engaged in the fight for justice system reform. Yet given the increased criminalization of young people in poor communities – and the possibilities for change at this very moment – progressive criminological ideas have never been more important. We need to think about ways to make them public. Toward this end, this paper discusses possible partnerships between progressive criminology and social justice organizations struggling to transform the criminal justice system. While describing nine such groups, we detail a set of recommendations for bridging the gap between progressive criminology and social justice organizations.

  15. Justice Tides

    DEFF Research Database (Denmark)

    Gissel, Line Engbo

    2015-01-01

    This article investigates how involvement by the International Criminal Court (ICC) in situations of ongoing conflict affects peace processes. It argues that the level of ICC involvement is crucial for the Court’s impact on peace settlements and that this impact takes the form of delegating...... politico-legal and discursive authority away from peace process actors. To make this argument, the article disaggregates the processes of ICC involvement and peacemaking into component parts and conceptualizes a broad notion of judicialization. This analytical framework is applied to two cases...

  16. 76 FR 31991 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2011-06-02

    ... science and statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and juvenile justice. To this end, the Board has designated five (5) subcommittees: National Institute of Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice...

  17. 76 FR 79220 - Meeting of the Office of Justice Programs' Science Advisory Board; Meeting

    Science.gov (United States)

    2011-12-21

    ... science and statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and juvenile justice. To this end, the Board has designated five (5) subcommittees: National Institute of Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice...

  18. 77 FR 32999 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2012-06-04

    ... science and statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and juvenile justice. To this end, the Board has designated six (6) subcommittees: National Institute of Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice...

  19. 78 FR 77168 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2013-12-20

    ... science and statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and juvenile justice. To this end, the Board has designated six (6) subcommittees: National Institute of Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice...

  20. 77 FR 73497 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2012-12-10

    ... science and statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and juvenile justice. To this end, the Board has designated six (6) subcommittees: National Institute of Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice...

  1. 78 FR 57177 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2013-09-17

    ... component of the Department of Justice, with valuable advice in the areas of science and statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and... Justice (NIJ); Bureau of Justice Statistics (BJS); Office of Juvenile Justice and Delinquency...

  2. Criminal Careers and Cognitive Scripts: An Investigation into Criminal Versatility

    Science.gov (United States)

    Gavin, Helen; Hockey, David

    2010-01-01

    "Criminal careers" denotes ways in which offenders develop specialisms and versatility, but studies linking delinquency to social skills deficits have not attempted to explore cognitive, internalised processes by which such "careers" might be chosen. This study investigated criminal minds via script theory: "internal" scripts are used to guide…

  3. Expertise as evidence in criminal proceedings from the Communist period until nowadays

    Directory of Open Access Journals (Sweden)

    Saimir Fekolli

    2015-07-01

    Full Text Available During their procedural activity, investigative and judicial bodies have the pressing need to make use of special knowledge in different scientific fields of technique and science in order to resolve outstanding issues related to the subject of verification, which the law has defined as subject of expertise in criminal trial. Experts’ opinion is conceived and implemented as a particular means of verification; experts help in discovering the facts that are important to finding out the truth in criminal proceedings. In addition, they ascertain the facts and give an opinion on them, as a result of specific skills they have in the field of technique, science or culture. Experts and the process conducted by them were given importance in the legislation of the Communist era particularly with the drafting of the Code of Criminal Procedure of 1979 which provides in considerable detail both the functions and the importance of expertise to resolve a criminal case. Furthermore, nowadays expertise as evidence in criminal proceedings is becoming increasingly important and is emerging, especially in view of developments in the field of Technique and Science since many criminals are very good at using innovations as a priority means for escaping detection and punishment. But on the other hand, scientific developments are increasingly cooperating with law and justice institutions to resolve the events and to provide assistance for achieving quality results in a shorter time, something that probably was unthinkable before.

  4. Justice and Negotiation.

    Science.gov (United States)

    Druckman, Daniel; Wagner, Lynn M

    2016-01-01

    This review article examines the literature regarding the role played by principles of justice in negotiation. Laboratory experiments and high-stakes negotiations reveal that justice is a complex concept, both in relation to attaining just outcomes and to establishing just processes. We focus on how justice preferences guide the process and outcome of negotiated exchanges. Focusing primarily on the two types of principles that have received the most attention, distributive justice (outcomes of negotiation) and procedural justice (process of negotiation), we introduce the topic by reviewing the most relevant experimental and field or archival research on the roles played by these justice principles in negotiation. A discussion of the methods used in these studies precedes a review organized in terms of a framework that highlights the concept of negotiating stages. We also develop hypotheses based on the existing literature to point the way forward for further research on this topic.

  5. 28 CFR 20.34 - Individual's right to access criminal history record information.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Individual's right to access criminal history record information. 20.34 Section 20.34 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL... Individual's right to access criminal history record information. The procedures by which an individual...

  6. 13 CFR 142.40 - What if the investigation indicates criminal misconduct?

    Science.gov (United States)

    2010-01-01

    ... indicates criminal misconduct? 142.40 Section 142.40 Business Credit and Assistance SMALL BUSINESS... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the...

  7. 28 CFR 20.21 - Preparation and submission of a Criminal History Record Information Plan.

    Science.gov (United States)

    2010-07-01

    ...) General policies on use and dissemination. (1) Use of criminal history record information disseminated to... have the right to audit, monitor and inspect procedures established above. (4) The criminal justice... to be authorized to have direct access to criminal history record information. (ii) Have the right...

  8. Application of Restorative Justice in Kinship Crime——Case Analysis of Treatment for Maltreatment Criminals%亲情犯罪适用恢复性司法之提倡——以虐待罪之罪犯处遇为例

    Institute of Scientific and Technical Information of China (English)

    高仕银

    2011-01-01

    恢复性司法在中国主要表现为以刑事和解为核心的适用。这种刑事和解在司法实践中从轻罪到重罪乃至罪当立即处死的案件都存在着。研究以恢复性司法的中国境遇为基点展开,考察恢复性司法在中国适用的现实状况,检讨其在以刑事和解为核心的适用中存在的问题,分析恢复性司法的根本理念以及在中国刑事司法中应该推进的场域;提出亲情犯罪的概念与类别,主张恢复性司法应适用于亲情犯罪的罪犯处遇,并以亲情犯罪中的虐待罪作为这一适用的建构进路。%The restorative justice is mainly applied as the form of victim-offender reconciliation in China,which exists in normal criminal cases,in felonry ones and even in death penalty cases.Based on the restorative justice as applied in China,the present research examines the practical application of restorative justice in China and its problems as found in the victim-offender reconciliation.The paper analyses the concepts of restorative justice and the areas of its farther expansion in China's criminal judiciary.The paper puts forward the concept of kinghip crime and its classifications.The paper advoctes that the restoratice justice should be applicable to the treatment of criminals involved in kinship crime and takes the maltreatment crime in the kinship crime as the constructing approach for the application.

  9. Mending Wall: A Study of Restorative Justice in George R. R. Martin’s A Song of Ice and Fire and Tales of Dunk and Egg

    OpenAIRE

    S. Rohani; Abootalebi, H.

    2015-01-01

    The current paper deals with the nature of justice in George R. R. Martin’s novel series A Song of Ice and Fire (1996- ) and Tales of Dunk and Egg (1998- ) under the light of Daniel Van Ness’ theory of restorative justice. This brand of justice is famed for its strong emphasis on the welfare of both parties (that is, victim and offender) in the process of passing judgment, its manner of determining criminal restitution which usually involves conferences, gatherings and community service, and ...

  10. Mending Wall: A Study of Restorative Justice in George R. R. Martin’s A Song of Ice and Fire and Tales of Dunk and Egg

    OpenAIRE

    Rohani S.; Abootalebi H.

    2015-01-01

    The current paper deals with the nature of justice in George R. R. Martin’s novel series A Song of Ice and Fire (1996- ) and Tales of Dunk and Egg (1998- ) under the light of Daniel Van Ness’ theory of restorative justice. This brand of justice is famed for its strong emphasis on the welfare of both parties (that is, victim and offender) in the process of passing judgment, its manner of determining criminal restitution which usually involves conferences, gatherings and community service, and ...

  11. THE SIGNIFICANCE OF THE COMPLEMENTARITY PRINCIPLE WITHIN THE ROME STATUTE IN INTERNATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Heribertus Jaka Triyana

    2014-03-01

    Full Text Available In practice, the application of the complementarity principle in the Rome Statute remains unclear, particularly with respect to the prioritization of national penal law jurisdiction. This paper willdiscuss the relevance of the complementarity principle to the development of a national criminal justice system and to the investigation and prosecution of the most serious crimes provided for in the Statute. It was concluded that the complementarity principle should be used to unravel the twisted development of the national criminal justice system in accordance with the provisions of international law. We need to establish our national criminal justice system as the main and foremost forum (hence, willing and able in the process of investigating and prosecuting the most serious crimes on earth. Dalam praktik, aplikasi Asas Pelengkap (the complementarity principle dalam Statuta Roma masihbelum jelas, khususnya terkait dengan pengutamaan (prioritization yurisdiksi hukum pidana nasional. Oleh karena itu, tulisan ini akan membahas relevansi asas tersebut terhadap pembangunan sistem hukum pidana nasional dan terhadap penyelidikan dan penuntutan kejahatan paling serius yang diatur dalam Statuta. Disimpulkan bahwa Asas Pelengkap harus Mahkamah digunakan sebagai pengurai benang kusutpembangunan sistem hukum pidana nasional Indonesia sesuai dengan ketentuan hukum internasional supaya menjadi forum utama (mau dan mampu dalam proses penyelidikan dan penuntutan kejahatan paling serius di muka bumi.

  12. Influence of socioeconomic processes on the level of regional criminality (on the example of the Donetsk area)

    OpenAIRE

    2013-01-01

    The level of regional criminality has been analyzed. The Basic factors which influence on the level of criminality in the Donetsk area have been defined. It has been proved that the increase of unemployment and migration of population leads to social tension in society and causes the growth of crimes.

  13. Generation X, intergenerational justice and the renewal of the traditioning process

    Directory of Open Access Journals (Sweden)

    Cory L. Seibel

    2010-08-01

    Full Text Available The church has the task of transmitting its faith tradition from one generation to the next. In the transition to postmodernity, many established congregations have proven to be ineffective at this traditioning process in relation to Generation X (Gen X, the first postmodern generation. The reasons for the ineffectiveness are complex. This article focuses on two key factors that contribute to the problem: the reduction of the church’s tradition to its particular expression within the culture of modernity and the marginalisation experienced by Gen Xers within many established churches. The latter has prevented them from becoming effective bearers of the church’s tradition. If this trend is to be reversed, churches should succeed in renewing their traditions in a way that is meaningful in a postmodern context. The challenge will be to overcome the dynamics of reductionism and marginalisation. In developing the argument, the jubilee themes of ‘return’ and ‘release’ are applied to the intergenerational dynamics of established congregations. The article concludes that local congregations should embrace a renewed commitment to intergenerational justice, which will encourage equity between the generations.

  14. Analysis of the Possibility and Limitation of Criminal Mediation in Rural Areas in China

    Directory of Open Access Journals (Sweden)

    Hao Guo

    2014-04-01

    Full Text Available With the development in the theory and practice in the area of criminal law in China, a lot of creative views have been put into legal practice. Criminal mediation, which is cropping up in both practice and theory becomes a hot subject under discussion in the field of legislation. The newly modified criminal law formally prescribes the criminal mediation, which has been recognized in the level of law-making. It has become a basic policy in the procedure of law suit. This thesis emphasizes the possibility of criminal mediation in rural areas in China, discussing the disadvantages of the current criminal justice mode, the advantages of criminal mediation and the tradition in rural areas in China. Additionally, it attempts to set up the limitation of criminal mediation, based on the principle of law, principle of equality, principle of utility and principle of justice.

  15. Department of Justice, Office on Violence Against Women

    Science.gov (United States)

    ... and the entire Obama Administration’s – commitment to inclusive criminal justice reform efforts. For example, last month the ... No FEAR Act Information Quality Privacy Policy Legal Policies & Disclaimers Right Column Social Media For Employees Office of the ...

  16. Criminal Justice. Occupational Competency Analysis Profile.

    Science.gov (United States)

    Ohio State Univ., Columbus. Vocational Instructional Materials Lab.

    This Occupational Competency Analysis Profile (OCAP) contains a competency list verified by expert workers and developed through a modified DACUM (Developing a Curriculum) involving business, industry, labor, and community agency representatives from Ohio. This OCAP identifies the occupational, academic, and employability skills (competencies)…

  17. Forcible Rape: The Criminal Justice System Response.

    Science.gov (United States)

    Battelle Memorial Inst., Seattle, WA. Law and Justice Study Center.

    This annotated bibliography contains 11 documents that describe, analyze and recommend procedures for investigating and prosecuting rape cases. The documents are grouped according to intended audience; there are four volumes for police, three for prosecutors, and one for victims. Also listed are a book analyzing legal issues; a literature review…

  18. Indiana Criminal Justice Institute Traffic Safety Division

    OpenAIRE

    Klitzsch, Ryan

    2014-01-01

    Traffic safety is important for a local community’s protection, health, and economic well-being. There are a variety of options available to communities that can help improve traffic safety and meet needs which, ideally, should be based on data that is specific to the area. We will discuss where a variety of data can be found and used by everyone from community members to engineers in order to improve traffic safety. Some of the options that will be discussed in this presentation are grant op...

  19. Flouting the demands of justice? Physician participation in executions.

    Science.gov (United States)

    Kadlac, Adam

    2014-10-01

    Those who argue against physician participation in state mandated executions tend to bracket the question of whether the death penalty should be abolished. I argue that these issues cannot be neatly separated. On the one hand, if justice demands that some criminals be executed for their crimes, then there can be no ethical or moral barrier to the participation of physicians in the execution process. On the other hand, I contend that the testimony and expertise of the medical community is a necessary component of any fruitful reflection on whether capital punishment is, in fact, just. Thus, although the justice of capital punishment may render it permissible for physicians to participate in the execution process, the experience of physicians also sheds important light on whether the death penalty is morally justified.

  20. Report: Review of Hotline Complaint Concerning the Region 4 Environmental Justice Small Grants Selection Process

    Science.gov (United States)

    Report #13-P-0299, June 21, 2013. Our review of the EPA’s Region 4 Office of Environmental Justice found that management had controls in place to protect against bias, fraud, and preselection of EJ Small Grants recipients during FYs 2010, 2011 and 2012.

  1. Mending Wall: A Study of Restorative Justice in George R. R. Martin’s A Song of Ice and Fire and Tales of Dunk and Egg

    Directory of Open Access Journals (Sweden)

    Rohani S.

    2015-12-01

    Full Text Available The current paper deals with the nature of justice in George R. R. Martin’s novel series A Song of Ice and Fire (1996- and Tales of Dunk and Egg (1998- under the light of Daniel Van Ness’ theory of restorative justice. This brand of justice is famed for its strong emphasis on the welfare of both parties (that is, victim and offender in the process of passing judgment, its manner of determining criminal restitution which usually involves conferences, gatherings and community service, and more importantly, its aversion to ‘punishment’ at all costs. In the title-mentioned works, it will be argued, however, George R. R. Martin depicts a world which shows extreme prejudice against most levels and forms of crime, an attitude which not only fails to heal the damage done by the criminal, but also results in even more damage.

  2. 以刑罚威吓诽谤、诋毁、谣言?——论刑罚权对网络有害信息传播的干预程度%Deterring the Defamation, Humiliation, Rumor with Criminal Penalty?- The Intervention of Criminal Justice on the Dissemination of Deleterious Information on Web

    Institute of Scientific and Technical Information of China (English)

    时延安

    2012-01-01

    网络有害信息传播行为,应根据法治精神进行规制。对于不同类型的传播行为,应根据针对对象及其利益的不同加以区分对待。运用刑罚权来惩罚传播网络有害信息的行为人,应充分考虑刑罚权出现的正当性问题。只有给客观的、受法律确认或者为公序良俗所认可的利益造成损害或者可能造成损害的情况下,刑罚权出现才可能具有正当性。遏制网络有害信息传播,应特别注意与保障言论自由的平衡。%To regulate the dissemination of deleterious information on web should be under the spirit of rule of law. Deferent types of disseminating behaviors should be treated by different ways according to who they affect and whose interests will be violated. The issue of legitimacy of the power of criminal penalty should be considered in the intervention of such power on the dissemina- tion of deleterious information. Only when a objective interest protected by law or recognized by the publie is harmed or seriously dangered by such information, the appearance of the power of criminal penalty could be legitimate. The liberty of speech should be guaranteed in the process of the intervention of such power.

  3. Procedural justice in mental health courts: judicial practices, participant perceptions, and outcomes related to mental health recovery.

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2013-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed.

  4. Procedural justice in mental health courts: Judicial practices, participant perceptions, and outcomes related to mental health recovery

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2015-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed. PMID:23415372

  5. Guarantee of Criminal Policy as Limited to Criminal Decisionism

    Directory of Open Access Journals (Sweden)

    María Belén Bonilla Albán

    2016-06-01

    Full Text Available The essay explains how the inclusion of the security of public policy in the 2008 Constitution of Ecuador as part of the constitutional state of law and justice or “guarantor state” can become a substantial limit for criminal decisionism, which is usually behind the penal policy in Latin America. Thus, the function of this collateral is to eliminate the huge space of discretion in the management of the most sensitive policy of modern state penal policy. However, the guarantee of public policy is not clear in determining the limits of punitive power; therefore, this paper seeks to explore some of the international human rights.

  6. Capital punishment, criminals and enemies

    Institute of Scientific and Technical Information of China (English)

    FENG Jun

    2006-01-01

    Right of life and life are different concept.The former is endowed w by state beforehand,which is proved through his behavior that he is deserved to own the right of life.The one who thoroughly offend the basic norm in the law is the enemy of our realistic world.If only the enemy still have danger to threaten the society,he should be executed to death penalty,and deprived of his life,but will not happen the problem of miscarriage of justice and inhumanity.The criminal's behavior just only denies part of norm in the law,however,who still is mankind and should possess of mankind's dignity,so we must abolish death penalty on them,miscarriage of justice is another reason of course.

  7. Indivíduos sob suspeita: a cor dos acusados de estupro no fluxo do sistema de justiça criminal

    Directory of Open Access Journals (Sweden)

    Vargas Joana Domingues

    1999-01-01

    Full Text Available The article explores to what extent the color of men accused of rape influences decisions made within the criminal justice system. It follows the flow of people and paper through the system?s various arenas, including police departments, the Ministério Público, and criminal courts. Based on data produced by these bodies, it is concluded that black defendants are discriminated against and that race is a factor which breeds inequality in an accumulative fashion, right from the police stage of the process.

  8. Procedural justice, anger, and prisoners’ misconduct : A longitudinal study

    NARCIS (Netherlands)

    Beijersbergen, Karin A.; Dirkzwager, Anja J E; Eichelsheim, Veroni I.; Van der Laan, Peter H.; Nieuwbeerta, Paul

    2015-01-01

    Procedural justice literature suggests that when criminal justice authorities treat people with fairness and respect, people will be more likely to comply with authority’s decisions and rules. Up until now, prior research has largely neglected the correctional context and often used cross-sectional

  9. 'Justice in the Community' in the Netherlands: evaluation and discussion

    NARCIS (Netherlands)

    Terpstra, Jan; Bakker, G.D.

    2004-01-01

    'Justice in the Community' in The Netherlands promotes the cooperation between criminal justice and other organizations. It increases the visibility of the Public Prosecution to other partners and has an important symbolic function for citizens in multi-problem urban areas, which the state has not

  10. Examining the influence of psychopathy, hostility biases, and automatic processing on criminal offenders' Theory of Mind

    NARCIS (Netherlands)

    L. Nentjes; D. Bernstein; A. Arntz; G. van Breukelen; M. Slaats

    2015-01-01

    Theory of Mind (ToM) is a social perceptual skill that refers to the ability to take someone else's perspective and infer what others think. The current study examined the effect of potential hostility biases, as well as controlled (slow) versus automatic (fast) processing on ToM performance in psyc

  11. Victim-induced criminality.

    Science.gov (United States)

    Fooner, M

    1966-09-02

    about the probable effects on the administration of criminal justice. These are pragmatic problems; there is a third problem which may at this time seem speculative, but is, nevertheless, quite important. 3) To what extent will a particular proposal for victim compensation contribute to a temptation-opportunity pattern in victim behavior? In previous studies it has been pointed out that large numbers of our fellow Americans have tended to acquire casual money-handling habits-generically designated "carelessness"-which contribute to the national growth of criminality. How the victim helps the criminal was sketched in reports of those studies (10). It was made abundantly clear that human beings in our affluent society cannot be assumed to be prudent or self-protective against the hazards of crime. Even when the "victim" is not overtly acting to commit a crime-as in the case of the property owner who hires an arsonist-he often tempts the offender. Among the victims of burglary-statistically the most prevalent crime in the United States-are a substantial number of Americans who keep cash, jewelry, and other valuables carelessly at home or in hotel rooms to which the burglar has easy access through door or window. Victims of automobile theft-one of the fastest growing classes of crime-include drivers who leave the vehicle or its contents invitingly accessible to thieves. And so on with other classes of crime. As pointed out in previous studies, when victim behavior follows a temptation-opportunity pattern, it (i) contributes to a "climate of criminal inducements," (ii) adds to the economic resources available to criminal societies, and (iii) detracts from the ability of lawenforcement agencies to suppress the growth of crime.

  12. Socio-Spatial Conflicts, Processes of Resistance and Spatial Scenario of Justice In Post- -Conflict in Colombian Cities

    Directory of Open Access Journals (Sweden)

    Carlos Alberto Torres-Tovar

    2016-12-01

    Full Text Available Colombia discussed 2016 Peace Accords with insurgencies (FARC and ELN, which would culmination of more than five decades of social and armed conflict, which began with a predominantly rural country and today is urban. However, the negotiations do not include the city, ignoring the dynamics and conflicts present in this. This situation leads us to think how in a context of post-conflict cities solve the socio-spatial conflicts and give attention to the demands that have marked the processes of urban and territorial resistance and be guaranteed spatial justice and the realization of right to the city. This article discusses some of these tensions.

  13. Examining the influence of psychopathy, hostility biases, and automatic processing on criminal offenders' Theory of Mind.

    Science.gov (United States)

    Nentjes, Lieke; Bernstein, David; Arntz, Arnoud; van Breukelen, Gerard; Slaats, Mariëtte

    2015-01-01

    Theory of Mind (ToM) is a social perceptual skill that refers to the ability to take someone else's perspective and infer what others think. The current study examined the effect of potential hostility biases, as well as controlled (slow) versus automatic (fast) processing on ToM performance in psychopathy. ToM abilities (as assessed with the Reading the Mind in the Eyes Test; RMET; Baron-Cohen, Wheelwright, Hill, Raste, & Plumb, 2001), was compared between 39 PCL-R diagnosed psychopathic offenders, 37 non-psychopathic offenders, and 26 nonoffender controls. Contrary to our hypothesis, psychopathic individuals presented with intact overall RMET performance when restrictions were imposed on how long task stimuli could be processed. In addition, psychopaths did not over-ascribe hostility to task stimuli (i.e., lack of hostility bias). However, there was a significant three-way interaction between hostility, processing speed, and psychopathy: when there was no time limit on stimulus presentation, psychopathic offenders made fewer errors in identifying more hostile eye stimuli compared to nonoffender controls, who seemed to be less accurate in detecting hostility. Psychopaths' more realistic appraisal of others' malevolent mental states is discussed in the light of theories that stress its potential adaptive function.

  14. Conflict Resolution, Restorative Justice Approaches and Bullying in Young People's Residential Units

    Science.gov (United States)

    Littlechild, Brian

    2011-01-01

    Restorative justice has been an increasing feature in the discourses within adult and youth justice criminal justice systems in recent years. This article examines interpersonal conflicts arising from crime, bullying and antisocial behaviour in residential care, and the advantages and disadvantages of utilising such approaches in relation to these…

  15. Second Chances: Giving Kids a Chance To Make a Better Choice. Juvenile Justice Bulletin.

    Science.gov (United States)

    Department of Justice, Washington, DC. Office of Juvenile Justice and Delinquency Prevention.

    In commemoration of the juvenile court's centennial, the Justice Policy Institute of the Center on Juvenile and Criminal Justice and the Children and Family Justice Center of Northwestern University School of Law profiled 25 individuals who were petitioned into juvenile court as serious delinquents when they were young and then turned their lives…

  16. War and Post-conflict in Guatemala: Seeking Justice Before and After the Peace Agreements

    Directory of Open Access Journals (Sweden)

    Maira Ixchel Benítez Jiménez

    2016-08-01

    Full Text Available By suggesting that the mobilization of civil society groups has been the driving factor behind the progress of legal justice in post-war Guatemala, this article argues that the recent achievements in this field were possible by several institutional changes over time which provided some degree of access to political and legal opportunities. A review of the oral and documental sources allows tracking some transformations before and after the peace agreements, which favored or inhibited the attribution of criminal responsibility for serious human rights violations committed during the war period. These changes in the political sphere, or resulting from the interaction between pro-justice advocates and their particular context, have enabled the legal activist community to position themselves as crucial stakeholders in the peacebuilding process. In addition, it has allowed them to play a prominent role in the activation of justice through judicialization strategies in this post-conflict period.

  17. Occupied Cape Judges and Colonial Knowledge of Crime, Criminals, and Punishment

    Directory of Open Access Journals (Sweden)

    George Pavlich

    2014-01-01

    Full Text Available This article returns to a colonial discourse on crime, criminals, and punishment that the court of justice enunciated and followed during an 8-year British occupation of the Cape of Good Hope in the latter part of 1795. Tapping unusually frank juridical discussions on criminality and punishment in the context of sovereignty politics, it examines three key matters. Commencing with a description of the Cape colony’s inquisitorial criminal procedures, the analysis—following Foucault (2000—conceives of these as powers (political techniques through which the British claimed an exclusive capacity to enunciate legal “truths” about specific criminal events. Second, it analyzes a unique correspondence between the British military commander and the court of justice members together with two illustrative criminal cases of the day. These provide a sense of the judge’s knowledge of crime and criminal punishment in a social context that imagined itself through social differentiation and hierarchy. Third, it reads these colonial power-knowledge formations as generating three congruent political logics that in hybrid combinations have nurtured segmented, racially orientated, and group-based criminal justice arenas. This discussion alludes to the pivotal role colonial discourses of criminal law have played in generating a politics that shaped the criminal justice arenas of subsequent social forms. New, and differently combined, political logics of sovereignty, discipline, and biopolitics have left a decided legacy to which post-colonial arenas continue to respond.

  18. Dangerous poverty. Analysis of the criminalization process of poverty and youth in Uruguay and of the challenges that this process presents to the community psychology

    Directory of Open Access Journals (Sweden)

    Agustín Cano Menoni

    2014-02-01

    Full Text Available In this paper I analyze the components and main effects of what I characterized as a process of criminalization of youth in poverty, in the case of Uruguay. I argue that this process occurs through a series of discursive operations (in different levels: police, judicial, political and technical- scientific, which stigmatize the social reference group, placing them as a threat to society. To investigate this process, I analyze journalistic texts, testimonials and an advertising campaign, covering the following actors: a member of the national Parliament, the editorialist of the highest circulation newspaper in Uruguay, the Director of the largest hospice psychiatric in the country, and the Uruguayan Interior Ministry (police force. I conclude that in Uruguay started up a stigmatization process which place youth in poverty as a threat to society, and that this process involves the deepening of police approaches of the security problems, obscuring the conditions of social injustice behind them, and consecrating fear as the main principle of the social relationships. This situation also challenges to the social sciences, and in particular to psycological disciplines, by posing the challenge of finding new answers, both theoretical and methodological, alternatives to the stigmatization and police security approaches.

  19. Neuroaffective processing in criminal psychopaths: brain event-related potentials reveal task-specific anomalies.

    Science.gov (United States)

    Howard, Rick; McCullagh, Paul

    2007-06-01

    This study aimed to confirm neuroaffective processing deficits in psychopaths by measuring late brain event-related potential (ERP) components and behavior in groups of psychopathic and nonpsychopathic inmates of a Singaporean prison while they performed two tasks. In a Categorization task, affective stimuli were task-relevant and required focused attention, while in a Vigilance task, affective pictures were presented in the background while participants discriminated vertical from oblique lines. Psychopaths showed differences in late positive ERPs that were sensitive to affective stimulus properties (valence and arousal) in the Categorization, but not in the Vigilance task, suggesting that only under conditions of focused attention did psychopaths show a neuroaffective processing deficit. In the Categorization task, psychopaths also showed a significantly larger prefrontal negative ERP (N350) whose amplitude correlated positively with the behavioral facet of psychopathy. In the Vigilance task, psychopaths both missed more targets and showed significantly smaller target-evoked parietal ERPs when viewing arousing pictures, suggesting their attentional focus was disrupted by the affective background.

  20. THE REFLECTION OF PROCEDURAL GUILT IN THE CRIMINAL PROCEDURE PROVISIONS. LIABILITY FOR UNJUST CONDEMNATION OR FOR TAKING PREVENTIVE MEASURES UNLAWFULLY

    Directory of Open Access Journals (Sweden)

    ELIZA EMANUELA OPREA

    2013-05-01

    Full Text Available In the criminal proceedings of some law states the wrongful sentencing of individuals is very rare, having a comprehensive system of procedural safeguards which prevent such a situation. The purpose of the criminal proceedings is to punish only the culprits, the Criminal Procedure code frontispiece being stated the idea that no innocent person should be held criminally liable. By achieving this aspect of purpose is ensured observance of legality and the rule of law. All the basic rules and the whole organization of the criminal trial are polarized around this major goal of justice. Also the professional qualification level of those summoned to administer criminal justice in the modern state to minimizes the risk of judiciar miscarriages. The deep humanism of our law requires though the regulation of those procedural arrangements, through which in the event of an act of injustice, the wrongly convicted is able to obtain prompt repairs that society owes them. A very important aspect related to the evolution over time of the regulation of this institution, is that in its doctrine of integration in the European Union, Romania has adopted a series of laws and regulations designed to ensure our legislation’s alignment with the relevant legislation of the countries from the European community and to ensure the compliance with the European Convention on Human Rights. This process is still ongoing, therefore the establishment and the subsequent modification of the special procedure concerning the remedies for the material or moral damage in the event of unjust sentence or unlawful deprivation of liberty was based on the desire to avoid the conviction situation of the Romanian state by the international courts for failure to comply with the Art. 5 paragraph 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms that 'any individual who is the victim of arrest or detention in conditions contrary to the provisions of this article

  1. Social Worker Performance in the Spanish Administration of Justice on Marital Breakdown Processes

    Directory of Open Access Journals (Sweden)

    Francisco Gómez Gómez

    2015-07-01

    Full Text Available The Family Courts in Madrid and Barcelona have social workers to assist the judge in deciding on family matters. These professionals do their job in the SATAF (Servei d’Assesorament Técnic en l’Ambit de Family in Barcelona and Madrid Psychosocial Teams. This study seeks to unveil a real situation which has been hidden in controversies as well as scientific and popular debates. The study also seeks to understand how social workers in the field of justice are placed in that reality.

  2. Interdependence versus Truth and Justice: Lessons from Reconciliation Processes in Maluku

    Directory of Open Access Journals (Sweden)

    Diah Kusumaningrum

    2017-01-01

    Full Text Available Truth commissions and trials have been applauded as the way to move on from a violent past. Yet, some post-conflict societies managed to move toward reconciliation without the presence, or the effective presence of such formal institutions. This article discusses a number of lessons learned from Maluku, where reconciliation took the interdependence path. Taking on an interpretive, emic approach, it elaborates on the sites and mechanisms of interpendence. It argues that interdependence can be as viable as truth and justice procedures in bringing about reconciliation.

  3. Due process model of procedural justice in performance appraisal: promotion versus termination scenarios.

    Science.gov (United States)

    Kataoka, Heloneida C; Cole, Nina D; Flint, Douglas A

    2006-12-01

    In a laboratory study, 318 student participants (148 male, 169 female, and one who did not report sex; M age 25.0, SD = 6.0) in introductory organizational behavior classes responded to scenarios in which performance appraisal resulted in either employee promotion or termination. Each scenario had varying levels of three procedural justice criteria for performance appraisal. For both promotion and termination outcomes, analysis showed that, as the number of criteria increased, perceptions of procedural fairness increased. A comparison between the two outcomes showed that perceptions of fairness were significantly stronger for the promotion outcome than for termination.

  4. The conception of guilt in criminal law and its importance in qualification of the criminal offences

    OpenAIRE

    Jānis Rozenbergs

    2013-01-01

    Abstract The research has been devoted to the study and assessment of the criminal law understanding of guilt, as well as the study of the role of the concept of guilt within the process of the qualification of a criminal offence. It is hard to overestimate the significance of the concept of guilt in criminal law science and criminal law practice. There is a basis for considering the principle of guilt and its use in criminal law as one of the indicators of the development o...

  5. Ethnic disparities in Dutch juvenile justice

    NARCIS (Netherlands)

    Komen, M.; van Schooten, E.

    2009-01-01

    In the Netherlands, ethnic minority boys are heavily overrepresented in prisons and secure judicial institutions for juveniles. In a sample of 324 juveniles of both native Dutch and ethnic minority origin who have come into contact with the Dutch criminal justice authorities, we compared the number

  6. “We Have No Influence”: International Discourse and the Instrumentalisation of Transitional Justice in Burundi

    Directory of Open Access Journals (Sweden)

    David Taylor

    2013-09-01

    Full Text Available Burundi may soon reach yet another crossroads in its tumultuous history and on its path towards transitional justice. A contentious draft law for a Truth and Reconciliation Commission awaits approval by the country’s National Assembly, which has raised a number of concerns about the independence of the eventual commission, the likelihood of popular participation in the process and the prospects for criminal justice. But as this practice note seeks to demonstrate, the international community in Burundi may in fact be contributing to the instrumentalisation of the process. The note highlights how the discourse of the international community may partially facilitate a certain duplicity among influential figures within the current government, particularly with respect to compliance with stipulations under the 2000 Arusha Peace Agreement. Two common rationalisations in particular are explained that have seemingly emerged among the international community with respect to transitional justice and that are at the heart of this instrumentalisation: outside imposition and a lack of influence. The note argues that since transitional justice can no longer be regarded as an apolitical process, international actors must be more cognisant of their actions and discourse with a view to ensuring credible transitional justice processes in contexts like Burundi.

  7. The basic concepts of re-modifying the criminal procedure law

    Institute of Scientific and Technical Information of China (English)

    CHEN Weidong

    2006-01-01

    Re-modifying China's Criminal Procedure Law has become an important topic within theoretical circles.Many scholars discuss the question of how to modify Criminal Procedure Law.The author considers re-modifying Criminal Procedure Law based on basic scientific ideas;if these ideas contain paying equal attention to fighting crime and protecting human fights,initially setting up a procedural idea and a view of legal truthfulness,giving priority to justice with due consideration to efficiency,and obeying and consulting the international criminal judiciary justness guidelines that will be followed in re-modifying Criminal Procedure Law,then this re-modifying will be successful.

  8. Experiences that Count: A Comparative Study of the ICTY and SCSL in Shaping the Image of Justice

    Directory of Open Access Journals (Sweden)

    Kristin Xueqin Wu

    2013-01-01

    Full Text Available The legitimacy of international criminal trials is not automatic: it is conditional upon endorsement by local communities. If the very communities involved do not 'feel' a sense of justice, these trials would not only contribute little to the post-conflict peace process, but also create a backlash against these international courts and tribunals, tarnishing the image of international criminal justice. Despite its critical importance, this image management process is still at the stage of trial and error. The first outreach programme, established by the International Criminal Tribunal for the former Yugoslavia (ICTY, has been fighting a losing battle against the Tribunal's poor image in the former Yugoslavia region. In contrast, the Special Court for Sierra Leone (SCSL has been highly praised for promoting a holistic experience of 'just'. What causes these differences, and what could be learnt from them? After comparing the various undertakings by these two ad-hoc tribunals - in terms of outreach strategies, press strategies and resource management - this paper draws three lessons for the permanent International Criminal Court (ICC: gaining acceptance, smoothing communication and boosting judicial efficiency.

  9. Justice Globalism

    NARCIS (Netherlands)

    Wilson, Erin; Steger, Manfred; Siracusa, Joseph; Battersby, Paul

    2014-01-01

    The pursuit of a global order founded on universal rules extends beyond economics into the normative spheres of law, politics and justice. Justice globalists claim universal principles applicable to all societies irrespective of religion or ideology. This view privileges human rights, democracy and

  10. Justice sociale

    OpenAIRE

    Jacquemain, Marc

    2007-01-01

    At first glance "social justice" cannot be considered as a "new word of power" since all powers have been reluctant to apply social justice. But if it is used to organize the "evaporation" of the reflexion on equality, then it can take a clearly conservative tone

  11. Justice Globalism

    NARCIS (Netherlands)

    Wilson, Erin; Steger, Manfred; Siracusa, Joseph; Battersby, Paul

    2014-01-01

    The pursuit of a global order founded on universal rules extends beyond economics into the normative spheres of law, politics and justice. Justice globalists claim universal principles applicable to all societies irrespective of religion or ideology. This view privileges human rights, democracy and

  12. Organizational Justice

    Science.gov (United States)

    Burns, Travis

    2013-01-01

    Helping principals understand the importance of organizational justice is the first step in enhancing learning outcomes for all learners, regardless of their social class, race, abilities, sex, or gender. In schools, organizational justice may be defined as teachers' perceptions of fairness, respect, and equity that relate to their interactions…

  13. The Role of International Criminal Tribunals in Shaping the Historical Accounts of Genocide

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2017-01-01

    sanctioned by the state or flowing from state policy. This tribunal was the first international court tasked with trying individuals responsible for crimes committed on a large scale by the oppressive regime. Despite some dissenting voices, the Nuremberg trial was neither a show trial, nor was it a purely...... domestic criminal law process. It was rather a way of expressing international outrage with Germany’s aggression through judicial means. Ever since this historic shift occurred, the field of international criminal law has been increasingly vested with the mounting number of objectives – deterrence......, retribution, transitional justice, reconciliation, and, finally, setting the historical record. Some of these goals are conflicting. The chapter critically assesses the latter objective and situates it among other considerations. The crime of genocide, first prosecuted internationally by the ad hoc tribunals...

  14. Undiscovered Country: Towards a History of the Criminal 'Underworld'

    Directory of Open Access Journals (Sweden)

    Heather Shore

    2007-04-01

    Full Text Available The concept of the underworld is a central feature in popular histories of crime and criminal behaviour but one that has tended to be dismissed by academic historians as somewhat nebulous and indefinable. This article seeks to bridge this gap by suggesting that the construction of a chronological history or model of the underworld can further understandings of societal attitudes towards crime and criminality. Drawing on case studies and snapshots of deviant cultures and behaviours from the eighteenth century to the 1960s the discussion highlights the role of the underworld and its relationship with social panics and social network theories in the development of criminal justice.

  15. The Impact of Criminal Anthropology in Britain (1880-1918

    Directory of Open Access Journals (Sweden)

    Neil Davie

    2010-11-01

    Full Text Available Only one book devoted entirely to the theories of Cesare Lombroso was published in Britain in the period 1880-1918, and that is The Criminal, by Havelock Ellis. In his book, Ellis noted the paradox of the British reaction to criminal anthropology. While researching the book, he had canvassed opinion among criminal justice professionals on the subject, hoping to garner home-grown reactions to the impassioned criminological debates taking place at the time on the Continent. Ellis was familiar w...

  16. Periodization and Its Discontents: The Social Construction of Crime and Criminality in Modern Mexico

    OpenAIRE

    Buffington, Robert

    2003-01-01

    This paper gives an overview of four phases in the social construction of crime and criminality in Mexico since the Independence era. It argues that these phases follow a pattern in which a criminal justice paradigm is gradually consolidated and eventually superseded. It then examines some of the problems with a paradigm-driven periodization.

  17. 45 CFR 681.46 - What if the investigation indicates criminal misconduct?

    Science.gov (United States)

    2010-10-01

    ... misconduct? 681.46 Section 681.46 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL... investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice for prosecution or for suit under the...

  18. 45 CFR 2554.51 - What if the investigation indicates criminal misconduct?

    Science.gov (United States)

    2010-10-01

    ... misconduct? 2554.51 Section 2554.51 Public Welfare Regulations Relating to Public Welfare (Continued... Appeals § 2554.51 What if the investigation indicates criminal misconduct? (a) Any investigating official may: (1) Refer allegations of criminal misconduct directly to the Department of Justice...

  19. Privacy and Security of Criminal History Information. An Analysis of Privacy Issues.

    Science.gov (United States)

    Trubow, George B.

    Policies and issues associated with the privacy and security of criminal history information are presented. The first chapter discusses general concepts regarding privacy and security of criminal justice information, including definitions of basic terms, considerations of interests requiring attention when developing policy, relevance of fair…

  20. CLASSIFICATION OF CRIMINAL GROUPS

    Directory of Open Access Journals (Sweden)

    Natalia Romanova

    2013-06-01

    Full Text Available New types of criminal groups are emerging in modern society.  These types have their special criminal subculture. The research objective is to develop new parameters of classification of modern criminal groups, create a new typology of criminal groups and identify some features of their subculture. Research methodology is based on the system approach that includes using the method of analysis of documentary sources (materials of a criminal case, method of conversations with themembers of the criminal group, method of testing the members of the criminal group and method of observation. As a result of the conducted research, we have created a new classification of criminal groups. The first type is a lawful group in its form and criminal according to its content (i.e., its target is criminal enrichment. The second type is a criminal organization which is run by so-called "white-collars" that "remain in the shadow". The third type is traditional criminal groups.  The fourth type is the criminal group, which openly demonstrates its criminal activity.

  1. Effects of comorbid psychopathy on criminal offending and emotion processing in male offenders with antisocial personality disorder.

    Science.gov (United States)

    Kosson, David S; Lorenz, Amanda R; Newman, Joseph P

    2006-11-01

    Antisocial personality disorder (ASPD) and psychopathy are two syndromes with substantial construct validity. To clarify relations between these syndromes, the authors evaluated 3 possibilities: (a) that ASPD with psychopathy and ASPD without psychopathy reflect a common underlying pathophysiology; (b) that ASPD with psychopathy and ASPD without psychopathy identify 2 distinct syndromes, similar in some respects; and (c) that most correlates of ASPD reflect its comorbidity with psychopathy. Participants were 472 incarcerated European American men who met Diagnostic and Statistical Manual (4th ed., American Psychiatric Association, 1994) criteria for ASPD and Psychopathy Checklist criteria for psychopathy, who met the criteria for ASPD but not for psychopathy, or who did not meet diagnostic criteria for either ASPD or psychopathy (controls). Both individuals with ASPD only and those with ASPD and psychopathy were characterized by more criminal activity than were controls. In addition, ASPD with psychopathy was associated with more severe criminal behavior and weaker emotion facilitation than ASPD alone. Group differences in the association between emotion dysfunction and criminal behavior suggest tentatively that ASPD with and ASPD without prominent psychopathic features may be distinct syndromes.

  2. Environmental Regulation: Effective or Defective? Assessing whether criminal sanctions provide adequate protection of the environment

    OpenAIRE

    Bethell, Emma

    2009-01-01

    Issues, such as climate change and global warming, have seen environmental protection grow in the global consciousness into something worthy and in need of regulation. In response, a number of laws have been enacted which make certain environmental actions criminal offences, enforced through the criminal justice system. These environmental crimes are enforced using the same mechanisms and must satisfy the same procedural safeguards as 'traditional' criminal offences in order to secure convict...

  3. Settlement between the offender and the victim according to the criminal code of Serbia

    OpenAIRE

    Ćorović Emir

    2011-01-01

    The Criminal Code of the Republic of Serbia from 2005 (which went into effect on January 1st, 2006) has envisaged a particular basis for remittance of punishment which had been unknown in our criminal law. It is about settlement between the offender and the victim, an institution reflecting ideas of restorative justice. Although the settlement between the offender and the victim offers great possibilities, it has not received enough attention in our criminal law literature. We usually c...

  4. Justicia Inmanente y Creencias en el Mundo Justo: Dos procesos complementarios. Immanent Justice and Just World Believes: two complementary processes

    Directory of Open Access Journals (Sweden)

    Alicia Barreiro

    2005-12-01

    Full Text Available Con el fin de analizar las relaciones existentes entre la construcción racional e individual de conocimientos sociales y los conocimientos producidos colectivamente, se tomó como eje las creencias sobre las justicia dado que la problemática ha sido abordada por la psicología genética y la psicología social, con sus particularidades teóricas y metodológicas. A partir de las concepciones de Creencia en el Mundo Justo (Rubin y Peplau,1973 y de Justicia Inmanente (Piaget, 1926/1982; 1932/1971se diseñó un estudio descriptivo correlacional en el que participaron 56 niños de la ciudad de Buenos Aires asistentes al nivel primario de educación. A través de entrevistas clínicas y la escala de Creencia en el Mundo Justo, se buscó identificar la existencia de éstas creencias en los niños y la asociación entre ellas. Los resultados muestran que las creencias en el mundo justo no contradicen sino confirman los postulados de Piaget sobre la justicia inmanente. Las ideas de justicia inmanente y las creencias en el mundo justo serían dos procesos complementarios que se intersectan mostrando la activación de procesos sociocognitivos complejos en el pasaje a la vida adulta.From the framework of genetic psychology and social psychology, with their own theoretical and methodological particularities, Justice believes were taken as key concept in order to analyze the relationship between rational-individual social knowledge and collective one. Based on Just World Believes (Rubin y Peplau, 1973 and Immanent Justice conceptions (Piaget; 1926/1982; 1932/1971, a descriptive correlational study was carried out with a sample of 56 primary school children of Buenos Aires city. Through clinical interviews and Just World Believes scale it was tried to identify the existence of these believes and the relationship between them. Results show that relationship between immanent justice ideas and just word believes do not contradict but confirm Piaget

  5. Transitional Justice versus Traditional Justice: The Basque Case

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoextea

    2013-03-01

    Full Text Available Transitional justice is often understood as a field or toolkit that facilitates the establishment of "justice" and rule of law in post-conflict societies. It is also the interdisciplinary understanding and study of that toolkit or field. This article explores to what extent transitional justice is a relevant way of understanding the transformations taking place in the Basque Country in the post-conflict situation created since the final ceasefire was declared by ETA on October 20, 2011. The article analyses different aspects of the field of transitional justice and the experience in Spain and the Basque Country. It underlines the prevalence of truth-seeking processes (over amnesia and of addressing violations and victims' suffering to conclude with the need to enhance the rule of law and traditional-individualised-justice and transitional justice.

  6. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    Science.gov (United States)

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black…

  7. The Afro-American before the Burger Court, 1976-1978: Justice Granted or Justice Denied?

    Science.gov (United States)

    Gill, Robert Lewis

    1978-01-01

    Supreme Court rulings during 1976-78 on capital punishment; criminal justice and prisoner rights; busing and school desegregation; discrimination in housing and employment; rights of illegitimates and family relations; abortion, voting rights, tenant landlord relations; and "reverse discrimination" have had a significant impact on Black Americans.…

  8. Victims, civil society and transitional justice in Bosnia and Herzegovina

    Directory of Open Access Journals (Sweden)

    Humphrey Michael

    2012-01-01

    Full Text Available The role of victim organizations in the transitional justice process is examined in postwar Bosnia and Herzegovina (BiH. These organizations emerged in the context of the top-down accountability agenda driven by the international crisis intervention in the Balkan wars and the International Criminal Tribunal for the former Yugoslavia (ICTY. By contrast, in Latin America victim organizations emerged as a self-conscious movements of individuals galvanized by their traumatic experience of state repression and demanding accountability from the bottom-up. In BiH accountability became a condition for re-establishing state political and legal authority but also international financing for reconstruction and progress towards EU accession. Victim organizations were part of the NGO sector which grew rapidly in response to the neoliberal governance model of selforganizing civil society to transform post-socialist and postwar BiH. Non-governmental organizations (NGOs, run largely by professional middle class displaced from careers in the downsized state bureaucracy, became intermediaries between external donors and war affected populations. Victim organizations participated in the transitional justice process by supporting victims/witnesses in international and national prosecutions, tracing the missing persons and supporting the right of return of displaced populations. In BiH, victims’ organizations did not emerge as social movements advocating for citizenship and social justice, but became incorporated in the neoliberal governance model, sponsored by international agendas for stabilization, democratization and EU accession.

  9. Social justice in pandemic preparedness.

    Science.gov (United States)

    DeBruin, Debra; Liaschenko, Joan; Marshall, Mary Faith

    2012-04-01

    Pandemic influenza planning in the United States violates the demands of social justice in 2 fundamental respects: it embraces the neutrality of procedural justice at the expense of more substantive concern with health disparities, thus perpetuating a predictable and preventable social injustice, and it fails to move beyond lament to practical planning for alleviating barriers to accessing care. A pragmatic social justice approach, addressing both health disparities and access barriers, should inform pandemic preparedness. Achieving social justice goals in pandemic response is challenging, but strategies are available to overcome the obstacles. The public engagement process of one state's pandemic ethics project influenced the development of these strategies.

  10. The Ultimum Remedium Principle In The Context Of Criminal Punishment Against Children As An Actor Of Narcotics Crime

    Directory of Open Access Journals (Sweden)

    Syachdin

    2015-08-01

    Full Text Available Abstract Drug abuse has grown over the days with significant development. Narcotics crime actually not only brings individual actors but tends to be a criminal offense syndicate or covert organization over the worlds. In this case the syndicate allegedly not only brings perpetrators of adults but feared the actors who are categorized as a child in accordance with the applicable laws. On the other side children occupy a special place in the law. Basic philosophy of the treatment of juvenile delinquents is for the best interests of the child but the fact that peoples behavior lately is very alarming how society is so easy to judge people suspected as perpetrators of criminal acts. The objective of this research is to understand the essence of the ultimum remedium principle as the basis for criminal punishment in the Indonesian criminal system in order to understand how the crisis is influencing drug phenomenon and drugs users lives and the extent of their impact on the settlement of narcotics crime against children as an offender. The outcomes of the research indicate that the Law No. 11 of 2012 regarding the Criminal Justice System for Juvenile Delinquency Rules of the Supreme Court of the Republic of Indonesia No. 4 of 2014 on Guidelines for Diversion and Law No. 35 of 2009 regarding Narcotics Crime have been given the freedom and legitimacy to the judge to apply the principle of ultimum remedium in handling cases of children in conflict with the law. As it turns out in practice however the ultimum remedium principle is rarely applied and tends to be overlooked in the process of juvenile justice.

  11. Justice and Feelings: Toward a New Era in Justice Research

    NARCIS (Netherlands)

    Cremer, D. de; Bos, K. van den

    2007-01-01

    In this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position of past and p

  12. The Changes Made to the Criminal Procedure Code by the law no. 202 of October 25TH 2010 and their Importance

    Directory of Open Access Journals (Sweden)

    Dragu Cretu

    2011-05-01

    Full Text Available Among the most important dysfunctions characterizing the Romanian justice, there were identifiedalso several related to the lack of celerity with which the cases brought to justice are solved. As such, it hasbeen discussed the matter of the efficiency in the administration of the act of justice which consists, inter alia,in the celerity with which the cases are solved irrevocably, especially the criminal ones. As a consequence, inorder to create conditions which would lead to shortening the proceedings and deployment of the trials withinoptimum and predictable terms, in the Official Journal of Romania, Part I, no. 714 of 26.10.2010 it has beenpublished the Law 202 of 25.10.2010 regarding several measures for the trial settlement process.

  13. CRIMINAL POLICY AND PREVENTION OF DRUG ADDICTION AMONG YOUTH

    Directory of Open Access Journals (Sweden)

    Jadranka Ivandić Zimić

    2010-12-01

    Full Text Available Contribution of the criminal policy in the development of the integrated prevention-social policy related to drug addiction is highlyimportant because of the fact that it aims are reducing of the drug related crimes, protecting the victims and community. The paperconsiders interventions of the criminal policy into fi elds of treatment and prevention of drug addiction among youth. This relationrepresent challenge for policymakers because interconnections between different service, who do not always have the same point ofview how to approach to the problem, is strongly needed and expected. Thru the comparing of the implementation of prevention andcriminal policy in Great Britain, Netherlands, Sweden and Croatia, aim of the paper is to detected concepts and models of infl uenceof the criminal policy on the reducing use of drugs among youth and effectiveness of prevention programs. Lack of the support andsocial care for the drug addiction offenders within the criminal policy, have effects of the success of the social reintegration and appearanceof recidivism. There is a strong connection between prevention and criminal policy in the fi led of combating drug problem;on one side good prevention policy could infl uence on the reduction of number of youth who will committee drug crimes and enteredin the criminal justice system, but at the same time the criminal policy have the important role in the preventing of the drug abuse thruthe involving minor drug offenders in the treatment while there are in the criminal proceedings.

  14. Transitional Justice: History-Telling, Collective Memory, and the Victim-Witness

    Directory of Open Access Journals (Sweden)

    Chrisje Brants

    2013-06-01

    Full Text Available This article examines the complex, inherently political, and often contradictory processes of truth-finding, history-telling, and formation of collective memory through transitional justice. It explores tensions between history-telling and the normative goals of truth commissions and international criminal courts, taking into account the increasing importance attributed to victims as witnesses of history. The legal space these instruments of transitional justice offer is determined by both their historical and political roots, and specific goals and procedures. Because the legal space that truth commissions offer for history-telling ismore flexible and their report open to public debate, they may open up alternative public spaces and enable civil society to contest the master narrative. The legal truth laid down in the rulings of an international criminal court is by definition closed. The verdict of a court is definite and authoritative; closure, not continued debate about what it has established as the truth, is its one and only purpose. In conclusion, the article calls for a critical appraisal of transitional justice as acclaimed mediator of collective memories in post-conflict societies.

  15. 论欧盟刑事司法领域中的互认原则%On the Principle of Mutual Recognition of the EU in the Field of Criminal Justice

    Institute of Scientific and Technical Information of China (English)

    林倩; 孙启磊

    2016-01-01

    Mutual recognition is the cornerstone of the j udicial cooperation within the European Union. It is also the most important principle to understand the relationship between the member states within the criminal matters.Mutual recognition came from the economic field,it has improved the corporation between the member states in the criminal matters.It also helps the member states to fight crime.What’s more,mu-tual recognition promotes the development of the harmonization of the law within the EU.It has been wide-ly applied both in the practice and in the legislation.However,mutual recognition focus more on the mem-ber states’cooperation in the criminal matters,it may ignore the protection of suspects’rights.The harmo-nization of the EU law has set up the minimum standards for the mutual recognition and for the protection of the suspects’rights,it still has deficiencies.Therefore,how to balance the need of fighting crime and protecting the suspects’rights is what the mutual recognition needs to do.%互认原则是欧盟刑事司法合作的基础,也是正确理解欧盟成员国之间在刑事司法领域内合作关系最重要的原则。其源自于经济领域,促进了欧盟成员国在刑事司法领域内的合作,有助于打击跨国犯罪,也促进了欧盟刑事领域统一立法的发展。但互认原则更多地关注的是国家间在刑事领域内的合作,有可能忽视对被追诉人合法权益的保护。欧盟统一立法为互认原则设立了最低门槛,也为被追诉人权益保障设立了最低标准,但仍然存在不足。因此,如何平衡成员国在打击犯罪与保障被追诉人权利之间的关系,成为互认原则今后所要面临的难题。

  16. Psychological complaints reported by sexually abused children during criminal investigations: Istanbul example.

    Science.gov (United States)

    Doğangün, Burak; Gönültaş, Burak M; Uzun-Oğuz, Esin; Oral, Gökhan; Öztürk, Meral

    2016-06-01

    The present study aims at describing the psychological complaints reported, as a part of the criminal investigation process, by the victims of sexual abuse as a part of the criminal investigation process, without attempting at reaching a medical diagnosis; and it discusses the relation of these reports with variables such as victim's gender, age and relation to the offender, type and duration of abuse, and parental marital status of the victim. Data is obtained from the statements of childhood sexual abuse (CSA) victims under the age of 15, as taken by Istanbul Juvenile Justice Department between the years 2009 and 2012. The sample consists of 175 cases with a total of 202 victim statements. Through the use of content analysis, the main and sub-categories of themes of the statements were determined. By means of the evaluation of the psychological condition of victims, we evaluated them in two categories: psychological complaints including self-harm and risk taking behaviors and psychological complaints with no self-harm and risk taking behaviors. The statistical analyses yield significant relations between the psychological complaints and children's parental marital status. Analysis of initial statements of sexual abuse victims is important as it may greatly contribute to professionals diagnosing and treating psychological complaints of these victims. It is essential that victims of sexual abuse should receive immediate psychological support starting with the criminal investigation process.

  17. The Role of Corporate Communication and Perception of Justice during Organizational Change Process

    OpenAIRE

    Saruhan, Neşe

    2014-01-01

    Today, researchers have been exploring employee’s resistance to change and how to foresee these aversive behaviors during organizational change process (Armenakis & Harris, 2002, Dent & Goldberg, 1999, Oreg & Sverdlik, 2011). Some employees view organizational change in a negative way even if change efforts will results in favorable consequences for them. At this point, communication process has a crucial effect on the perception of employees towards change process. In addition, several studi...

  18. 76 FR 1641 - Meeting of the Office of Justice Programs' Science Advisory Board

    Science.gov (United States)

    2011-01-11

    ... statistics for the purpose of enhancing the overall impact and performance of its programs and activities in criminal and juvenile justice. The Board will provide input into developing long-range plans, advise on..., as appropriate. The Board will provide an important base of contact with the criminal...

  19. The unique predisposition to criminal violations in frontotemporal dementia.

    Science.gov (United States)

    Mendez, Mario F

    2010-01-01

    Brain disorders can lead to criminal violations. Patients with frontotemporal dementia (FTD) are particularly prone to sociopathic behavior while retaining knowledge of their acts and of moral and conventional rules. This report describes four FTD patients who committed criminal violations in the presence of clear consciousness and sufficiently intact cognition. They understood the nature of their acts and the potential consequences, but did not feel sufficiently concerned to be deterred. FTD involves a unique pathologic combination affecting the ventromedial prefrontal cortex, with altered moral feelings, right anterior temporal loss of emotional empathy, and orbitofrontal changes with disinhibited, compulsive behavior. These case histories and the literature indicate that those with right temporal FTD retain the capacity to tell right from wrong but have the slow and insidious loss of the capacity for moral rationality. Patients with early FTD present a challenge to the criminal justice system to consider alterations in moral cognition before ascribing criminal responsibility.

  20. Journals and Justice.

    Science.gov (United States)

    Curzer, Howard J.

    1996-01-01

    Addresses the process of journal deselection from the point of view of justice and argues that when journal cuts are necessary, libraries should first, reduce all departments to core holdings; second, ask departments with expensive journals for permission to implement an efficiency principle; third, if refused permission, implement an equal…

  1. 75 FR 13305 - Notice of Cancellation of the Environmental Impact Statement for the Criminal Alien Requirement 9

    Science.gov (United States)

    2010-03-19

    ... Alien Requirement 9 AGENCY: U.S. Department of Justice, Federal Bureau of Prisons. ACTION: Notice of... Statement (EIS) for the Criminal Alien Requirement 9 project (CAR 9). This notice briefly describes the... contractor's to house up to 1,889 federal, low-security, adult male, non-U.S. citizen, criminal aliens...

  2. Bureaucratic justice: the incarceration of mainland Chinese women working in Hong Kong's sex industry.

    Science.gov (United States)

    Laidler, Karen Joe; Petersen, Carole; Emerton, Robyn

    2007-02-01

    Since Hong Kong's return to the People's Republic of China (PRC) there has been a significant rise in the number of Chinese visitors to Hong Kong, including women crossing the border to engage in sex work. Sex work itself is not a crime in Hong Kong, but related activities, like soliciting, are prohibited. Sex work is treated as work for immigration purposes, and visitors who engage in work without an employment visa are breaching their conditions of stay. More than 10,000 mainland Chinese women have been arrested, prosecuted, and sentenced in recent years, causing the correctional population to expand beyond capacity. The authors examine the experiences of 58 incarcerated women in their encounters with the Hong Kong criminal justice system and find that women are processed in a highly routinized bureaucratic manner. They consider the purpose served by the largely bureaucratic form of justice that has emerged in response to migrant sex workers in Hong Kong.

  3. Criminal procedure code and charter of criminal proceedings in terrorism investigation: learning from the past

    Directory of Open Access Journals (Sweden)

    Makarov M.A.

    2014-12-01

    Full Text Available Basic procedural institutions of terrorism investigation are studied by comparing the provisions of the Charter of criminal proceedings of the Russian Empire in 1864 and the current procedural law. The comparative solutions to the following investigation problems by Charter and the Code are shown: 1 terrorists confess to less serious crimes, representing themselves as accomplices (articles 208, 222 of the RF Criminal Code to avoid punishment for terrorism (article 205 of the RF Criminal Code; 2 mass absence of prosecution witnesses at the hearing, giving reason to doubt the objectivity and the admissibility of evidence; 3 low efficiency of overt procedural activities, the need for covert operations based not on the particular fact, but on crime detection actions against terrorist organizations members; 4 the use of force during the arrest, causing the terrorists death, excludes the achievement of criminal law and criminal justice goals and also leads to the loss of evidence (to prove the guilt of the survived terrorists; 5 a significant amount of time passes between the alleged crime and passing the sentence, the minimum time of the terrorism investigation is 12 months, as a result higher courts stop the prosecution (changing the sentence for terrorists Atgeriev, Alkhazurov, Gaysumov in April 2002 by the RF Supreme Court due to the fact that more than five years have passed from the day of committing crimes till passing the sentence. The authors come to the paradoxical conclusion that the procedural law of the XIX century was much more effective than modern one.

  4. Asset Freezing: Smart Sanction or Criminal Charge?

    Directory of Open Access Journals (Sweden)

    Wouter de Zanger

    2011-02-01

    Full Text Available In this article the question is asked whether asset freezing can be qualified as a criminal charge within the meaning of Article6 ECHR and if yes, what effects this qualification may have on the legislative framework on so called smart sanctions. Byanalysing Community and EU law and case law of the European Court of Human Rights, General Court of Instance andCourt of Justice of the European Communities the authors give an overview of the notion and possible qualification of assetfreezing as a criminal charge. The article further focusses on the consequenses of qualifying asset freezing as a criminal chargeunder ECHR and EC/EU law and concludes by answering the aforementioned question.This article is a rewrite of a research paper written under supervision of prof. dr. J.A.E. Vervaele and prof. dr. C.H. Brants(Willem Pompe Institute for Criminal Law and Criminology, Utrecht University School of Law, whom the authors wouldlike to thank for their useful comments and supervision.

  5. Restorative Justice, Reintegration, and Race: Reclaiming Collective Identity in the Postracial Era

    Science.gov (United States)

    Utheim, Ragnhild

    2014-01-01

    Restorative justice has gained ascendancy within both judicial systems and educational settings through which court-involved youth are resocialized as part of reintegration intervention. This article explores the conflict over collective representation at the intersections among public education, criminal justice, and restorative intervention. The…

  6. Crime Victims Support System and Restorative Justice: Possible Implementation in Malaysia

    Directory of Open Access Journals (Sweden)

    Azlinda Azman, PhD

    2013-06-01

    Full Text Available Victims’ position is increasingly acknowledged in the criminal justice system across the world. Because of that, criminal justice systems in various countries slowly transform from focusing too much on the relationship between offenders and the legal system and to between the offenders and their victims. Several programs are highlighted such as victim-offender mediation, family group conferences, reparative orders and referral orders in this article. Findings from several studies support the effectiveness of the programs on both the victims and the offenders in terms of several measurements such as satisfaction and recidivism. Looking at this revolution, Malaysian academicians and professionals are beginning to recognize restorative justice as a possible revolution to its criminal justice system, but Malaysian criminal justice system first needs to strengthen or build components that support victims of crime, as this is one of the main principles of restorative justice. Currently, Malaysia still focuses on offenders and their relationship with legal system, but not much with their own victims (physical, emotional, and psychological consequences of the crime. Several possible issues before formal implementation of restorative justice are discussed. The issues (culture, training, and attitude of Malaysian people, including the victims, offenders, and those who work with them can influence the efficiency of restorative justice programs if not identified systematically. These issues can also be the possible research areas to be ventured in the future as these researches can help in implementation.

  7. Restorative Justice, Reintegration, and Race: Reclaiming Collective Identity in the Postracial Era

    Science.gov (United States)

    Utheim, Ragnhild

    2014-01-01

    Restorative justice has gained ascendancy within both judicial systems and educational settings through which court-involved youth are resocialized as part of reintegration intervention. This article explores the conflict over collective representation at the intersections among public education, criminal justice, and restorative intervention. The…

  8. Ultima Ratio in European Criminal Law

    Directory of Open Access Journals (Sweden)

    Sakari Melander

    2013-01-01

    Full Text Available The ultima ratio principle is one of the most well known traditional principles of criminal law. The principle has emphasized the repressive nature of the criminal justice system and positioned it as the last resort of the legislator. The principle has been developed mainly in legal scholarship with a national undertone, while criminal law has traditionally been seen as a pronouncedly national branch of law. However, criminal law has recently been strongly internationalized and Europeanized. This development necessarily needs to affect the principles that legitimate the use of the criminal justice system. There is a need for developing principles that could legitimate criminal law (cooperation that surpasses the national level. The article, thus, examines whether there is a role for the ultima ratio principle in European criminal law. The main focus is on EU criminal law. The article suggests that there are several signs of recognizing the ultima ratio principle in EU criminal law. The principle is recognizable in the principle of subsidiarity, within which ultima ratio may have a federal dimension. Most of all, the principle of proportionality shares several similarities with the ultima ratio principle. If these dimensions were fully examined and utilized, there is a possibility that legitimizing principles for EU criminal law could be formulated at considerable depth. El principio de ultima ratio es uno de los principios tradicionales más conocidos del derecho penal. El principio ha puesto en relieve el carácter represivo del sistema de justicia penal y se ha convertido en el último recurso del legislador. El principio se ha desarrollado principalmente en la comunidad académica legal con un trasfondo nacional, mientras que el derecho penal se ha concebido tradicionalmente como una rama marcadamente nacional del derecho. En los últimos años, sin embargo, el derecho penal se ha internacionalizado y europeizado en gran medida. Esta evoluci

  9. Empowering Energy Justice.

    Science.gov (United States)

    Finley-Brook, Mary; Holloman, Erica L

    2016-09-21

    The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure "just" transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1) fossil fuel divestment; (2) carbon taxes and social cost of carbon measurements; (3) cap-and-trade; (4) renewable energy; and (5) energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between "green" and "just", as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics.

  10. Empowering Energy Justice

    Directory of Open Access Journals (Sweden)

    Mary Finley-Brook

    2016-09-01

    Full Text Available The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1 fossil fuel divestment; (2 carbon taxes and social cost of carbon measurements; (3 cap-and-trade; (4 renewable energy; and (5 energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics.

  11. Empowering Energy Justice

    Science.gov (United States)

    Finley-Brook, Mary; Holloman, Erica L.

    2016-01-01

    The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1) fossil fuel divestment; (2) carbon taxes and social cost of carbon measurements; (3) cap-and-trade; (4) renewable energy; and (5) energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics. PMID:27657101

  12. The Impact of Acceptance of Electronic Evidence before and after the 2006 Federal Rules of Evidence on Criminal Cases

    Science.gov (United States)

    Borrego, Jesus

    2010-01-01

    Legal scholars have established that the U.S. Department of Justice's 2004 Federal Rules of Evidence (FRE) has created confusion in legal rulings on criminal cases involving digital evidence, resulting in conflicting verdicts. With the 2006 FRE update, the Department of Justice attempted to correct the problem. The conceptual framework for this…

  13. [Civil, criminal and ethical liability of medical doctors].

    Science.gov (United States)

    Udelsmann, Artur

    2002-01-01

    In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

  14. Avanzando hacia el reconocimiento social del criminólogo. El nacimiento de Criminología y justicia México/Moving towards criminologist social recognition the birth of Criminology and justice Mexico

    Directory of Open Access Journals (Sweden)

    Juan José Martínez Bolaños (México

    2013-08-01

    Full Text Available El presente artículo tiene como objetivo dar a conocer las bases del proyecto Criminología y Justicia México (www.crimiyjustmexico.com, diario digital y académico que se puso en marcha el pasado 29 de mayo de 2013. Se expone la justificación del nacimiento de este medio de comunicación, con la argumentación de contrarrestar la crisis de la difusión de la Criminología en México, el aprovechamiento de la llegada de la Era Digital y las nuevas herramientas para difundir el conocimiento en la Red. Sirva este trabajo para conocer la visión y la misión del Proyecto, que en síntesis, no son otra cosa que proponer un camino para avanzar hacia el reconocimiento social del criminólogo. The present article has the objective to present the project Criminología y Justicia México (www.crimiyjustmexico.com, the digital and academic magazine that was launched last May 29, 2013. It describes the reasons for the birth of the media, with the arguments to counter the crisis of the Criminology diffusion in Mexico, taking advantadge on the arrival of the digital era and new tools to promote knowledge on the Web. This work is planned to expose the project vision and mission, that want to propose a way forward towards social recognition of the criminologist.

  15. On the Distributive Justice of Land Added Value in the Process of Urban Expansion

    Institute of Scientific and Technical Information of China (English)

    Zeyi; ZHANG

    2014-01-01

    It is an unarguable fact that the urban-rural dual structure led to two different results. On the one hand,it had been playing a great role in the city development and prosperity,and on the other hand,it had led the slow development of rural economy and the income gap between rural and urban areas. The government makes efforts to promote the process of urbanization to maintain the sustained development of China’s economy and economic transformation which are the two needs of the Chinese reality. But in the top-level design of the policy,the government did not give a fair profits distribution to all social groups. On the contrary,the result of urban development is based on the expense of a part of the people’s interests in exchange for the interests of another parts of the people,and especially on the government expropriation in the process of urban expansion. Under Land Administration Law of the People’s Republic of China,the government monopolized the expropriation right of the rural land,and the rural collectives and farmers as the land owner and constructors respectively have no rights to decide the land use purposes. In fact,they are forced to accept the land compensation,and because of the little bargaining rights,they gain little from the land value increment. Comparatively,the governments became the biggest beneficiary who made use of the land as a source and capital to earn the achievement in their official career and more money required by the urban development. The paper mainly analyzes the current situation of the distribution of the land added value,elaborates the reasons why the government strives for the land interests,and discusses what farmers lose in the government expropriation. Last but not lest,the author reflects on the land reform and gives a proposal on distribution of land added value.

  16. 刑案民意的回应之道:两大主要方案的反思与未来路径的选择%Response to the Public Opinion in Criminal Justice:A Future Approach Selected Based on the Critical Studies on the Current Two Main Schemes

    Institute of Scientific and Technical Information of China (English)

    肖仕卫; 刁其怀

    2015-01-01

    There are obvious limitations in the two main current schemes on how to respond to the public o-pinion in criminal justice:the method of responding to the public opinion through the jury does not match the goal;responding to the public opinion through active judicial skills neglects the deficiency of system premise. As a matter of fact,a procedurally programmed approach of responding to the public opinion has been estab-lished in current Chinese criminal proceeding legislation,which not only has a good adaptability to the context of Chinese judicial system,but also has formulated a mutual -supported system.Thereby,as for responding to the public opinion,we should put emphasis on this established procedural approach,and stick to it for accomplis-hing procedural reform and system perfection.%当前学界关于刑案民意回应的两种主要方案均存在不足,其中通过陪审回应民意存在手段与目的不匹配的问题,而通过能动应用司法技艺回应民意则存在着罔顾制度条件的缺陷。实际上,我国刑事诉讼立法中早已存在一种程序性的民意回应进路,这一进路不仅与中国的制定法传统和法院现状更为契合,而且组成相互支持的系统。在刑案民意回应上,未来中国刑事诉讼应当以此程序性进路为重点,继续沿着这条道路进行程序建设和制度完善。

  17. Law Enforcement Efforts Against Contempt Of Court As The Judges Shield In Indonesian Justice System

    Directory of Open Access Journals (Sweden)

    Wisnu Baroto

    2015-08-01

    Full Text Available Abstract The contempt of court basically is one of criminal offenses against the administration of justice which as a whole deals with the criminal justice system. The contempt of court cases that occurred in Indonesia but the enforcement of the law against the contempt of court is an issue that is never-ending. The provisions of contempt of court are necessary to ensure the position trust authority and integrity of the court in the judicial process including all matters relating to the judicial process. Guarantee that once the public interest to take action against any violation as an endorsement of the judicial process the rights of the public to ensure a fair trial and protecting privacy. On the other hand there is also a public interest that cant be ignored in any democratic society namely the right to freedom of speech and expression. A manifestation of contempt of court is a speech writing pictures or other expressions that can be categorized as a contempt of court. In other words contempt of court is a restriction of the right to freedom of speech opinion and expression. How to limit the collision of the purposes of enforcing the provisions of contempt of court with the right to freedom of speech freedom of opinion and expression. Preparation of deeds category and procedures for enforcement of contempt of court must be specifically and carefully.

  18. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

  19. El dominio de la victimología en los métodos alternativos de justicia / Le rôle de la victimologie dans les méthodes alternatives à la justice ordinaire / The role of victimology and the alternative dispute resolution

    Directory of Open Access Journals (Sweden)

    Arrona Palacios Arturo

    2012-04-01

    Full Text Available The current circumstances in the criminal justice system is creating a feeling of distrust by the population due to high levels of victimization that comes to suffer the victim throughout the criminal process. Seeking with this new ways of dealing with conflicts, the alternative methods of justice are able to create new practices in order to help and better support victims of crime. Nowadays, the alternative methods of justice (as, for example, the mediation programs and the family groups conferencing have both legal and victimological backgrounds, based on research findings and theoretical studies.La situation actuelle de la justice pénale suscite des sentiments de méfiance dans la population à cause du niveau élevé de victimisation produit par les souffrances provoquées à la victime par le procès pénal. En essayant d’affronter les conflits avec des modalités différentes, les méthodes alternatives de justice devraient être capable de créer des techniques nouvelles pour mieux aider les victimes du délit.Aujourd’hui, les méthodes alternatives de justice (par exemple, les programmes de médiation et les « family groups conferencing » ont un background aussi bien juridique que victimologique fondé sur les résultats de recherche et sur les études théoriques.

  20. Miscarriages of justice: the role of homicide review.

    Science.gov (United States)

    Jones, Dean

    2011-04-01

    Miscarriages of justice within the United Kingdom have received much publicity since the early nineties and served to undermine confidence in the Criminal Justice system. One fairly recent activity on the part of the Association of Chief Police Officers which has served to reduce the likelihood of such miscarriages is the principle of the review of major crime investigations and in particular murder inquiries. This paper reflects upon the possible causes of flawed investigations which have led to miscarriages of justice over the recent past and refers to the major academic work which supports the principle of reviewing murder inquiries.

  1. 28 CFR Appendix D to Part 61 - Office of Justice Assistance, Research, and Statistics Procedures Relating to the Implementation...

    Science.gov (United States)

    2010-07-01

    ... Assistance, Research, and Statistics Procedures Relating to the Implementation of the National Environmental... and criminal justice by providing financial assistance and funding research and statistical programs... funded efforts; training programs, court improvement projects, research, and gathering statistical...

  2. Show me a woman! : narratives of gender and violence in human rights law and processes of transitional justice

    NARCIS (Netherlands)

    Mibenge, C.S.|info:eu-repo/dai/nl/304834165

    2010-01-01

    ‘Show me a woman who wasn’t raped!’ These words, thrown down like a gauntlet by a genocide survivor disrupted the narrative of transitional justice as the panacea to redressing gross human rights violations committed against civilian women. The challenge to ‘show me a woman’ is made from a local

  3. Show me a woman! : narratives of gender and violence in human rights law and processes of transitional justice

    NARCIS (Netherlands)

    Mibenge, C.S.

    2010-01-01

    ‘Show me a woman who wasn’t raped!’ These words, thrown down like a gauntlet by a genocide survivor disrupted the narrative of transitional justice as the panacea to redressing gross human rights violations committed against civilian women. The challenge to ‘show me a woman’ is made from a local per

  4. The Link Between the Administrative Enforcement and Criminal Justice in the Securities Field%证券领域行政执法与刑事司法的衔接问题研究

    Institute of Scientific and Technical Information of China (English)

    叶旺春

    2012-01-01

    在我国,证券领域行政执法与刑事司法的衔接并不畅顺,大部分符合刑事追诉标准的案件仅被处以行政处罚,造成违法成本的低廉。其原因是多方面的,包括刑事与行政证明标准的差异,证据转换的困难,专业知识上的阻隔,以及监督的缺位等。建议通过推定方式转移公诉机关指控特殊类型证券犯罪的部分举证责任,减轻公诉机关的举证负担;根据不同证据的特点,完善行刑衔接证据转换规则;加强证券监管机构与公安机关、检察机关的沟通协调,建立信息共享及工作交流机制;增强规范执行力,确立有效的案件移送监督制度。%In China,the cost of illegal acts in securities market is low,because most of the cases accordant with the standard of public prosecution were only punished through the way of administrative penalty.The reasons include: the difference between the criminal proof standard and administrative proof standard,the difficulty of evidence transformation,the barrier of professional knowledge,and the lack of supervision.We suggest that the burden of proof of the public prosecution organizations should be alleviated;the regulation of evidence transformation should be established according to their characteristics;the mechanism of information sharing and communicating at work among securities regulators,public security and public prosecution should be set up,and the effective system of supervision and transform should be established.

  5. Pardon in the light of restorative justice

    Directory of Open Access Journals (Sweden)

    Miladinović Dušica

    2007-01-01

    Full Text Available The main aim of this paper is to consider pardon in the restorative justice context. Beginning from the basic standpoint that restorative justice imposes request for interests-balancing of different subjects connected by criminal act, the author tries to examine the articulation of the aforementioned standpoint through the pardon concept, accepted in domestic positive law. There is no doubt that the institute is designed in favour of the crime perpetrator, which is confirmed by the analysis of different legal effects produced by its content, while the victim- and society interests remained, at least, insufficiently protected. Therefore, the author points to some positive examples from comparative law and poses certain suggestions, that can be of use for eventual reforming of the institute, in order to achieve values of restorative justice. .

  6. Parents in Prison: Justice Literacy and Public Policy

    Science.gov (United States)

    Brookes, Laura; Baille, Daphne

    2011-01-01

    With the highest incarceration rate in the world, the United States has set an inauspicious precedent. More than 1.7 million American children--one in every 43--have a parent in jail or prison. The generational effects of incarceration are deep and lasting and include vastly increased risks of criminal justice involvement among the children of…

  7. A Critical Appraisal of the Juvenile Justice System under ...

    African Journals Online (AJOL)

    AZERTY

    of procedural law in juvenile justice matters was the Criminal Procedure Ordinance. 2 ..... He may in particular order a social investigation into the material and .... shall be carried out in conformity with the rules of ordinary law. 47. The place of ...

  8. 83 CHALLENGES AND PROSPECTS OF THE JUVENILE JUSTICE ...

    African Journals Online (AJOL)

    Fr. Ikenga

    As has been stated, the juvenile justice administration in South East Nigeria, like in other .... (3) of the Criminal Procedure Act, if the evidence on record shows that at the time .... introduction of Islamic or Shariah law in parts of Northern Nigeria.

  9. CRIMINAL TERRORIST GROUP IN THE NEW CRIMINAL LEGISLATION OF ROMANIA

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2016-05-01

    Full Text Available In the Romanian criminal law, there is a specialized regulation that defines criminal terrorist group, as variant of plurality of offenders. The present study presents this kind of criminal group by identifying the elements of differentiation compared to the organized crime group regulated by the Criminal Code.

  10. Variations sur la victime et la justice pénale internationale

    Directory of Open Access Journals (Sweden)

    Julian Fernandez

    2006-09-01

    Full Text Available La victime de graves violations du droit international humanitaire a longtemps été ignorée par une Justice pénale internationale naissante. Pourtant, nul doute que le bénéfice d’une justice éclairée serait un paramètre important dans le processus de « résilience » pour les victimes de l’horreur qui sont incapables d’affronter le quotidien post traumatique. Récemment, le régime de la Cour pénale internationale témoigne d’une prise en compte prometteuse, mais encore fragile des grands droits des victimes (représentation, protection, indemnisation.La víctima de graves violaciones del derecho internacional humanitario fue ignorada por las bases de la Justicia penal internacional naciente. Sin embargo, no cabe duda de que el beneficio de una justicia encendida sería un parámetro importante en el proceso de «resilience» para las víctimas del horror, que son incapaces de enfrentarse con una vida post traumática. Últimamente, el régimen de la Corte Penal Internacional está evolucionando hacia una toma en consideración cada vez más importante, pero aún frágil, de los grandes derechos de las víctimas (representación, protección, indemnización.For a long time, the victim of serious violations regarding humanitarian international law had been ignored by the new field of international criminal Justice. However, the benefit of an enlightened justice would be – no doubt – an important parameter in the process of “resilience” for the victims of the horror, who are unable to face a post traumatic everyday life. Recently, the core rights of the victims before international criminal justice (representation, protection, compensation has been taking into account by the international criminal Court, demonstrating a promising but still fragile evolution.

  11. Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2008-01-01

    The ICTY does not merely represent a historical stage in the development of international criminal justice which can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court...... practice and frequently amended to take the latest developments into account. Finally, with the arrest of Slobodan Karadžić, a new chapter has been opened for the Court. This volume thus provides not only an account of all the debates revolving around the proper role of international criminal justice...... and a contribution to the developing academic discipline of “transitional justice”; it also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Ruanda provide for the future of international criminal procedure....

  12. Internationalizing forensic assessments of criminal responsibility.

    Science.gov (United States)

    Meynen, Gerben; Oei, Karel

    2011-12-01

    One of the important characteristics of current medicine is that it is an international endeavor. The fact that medicine is a global undertaking might even be one of its core strengths. However, the universal nature of medicine can be compromised when local issues become significant factors in medical practice. In this paper we identify criminal law as a relevant factor complicating the process of internationalizing a particular medical practice: the assessment of a defendant within the context of the question of criminal responsibility. Since criminal law--especially the laws relevant to assessments of criminal responsibility--may differ from country to country, or rather from jurisdiction to jurisdiction, forensic psychiatrists face the challenge of finding common ground and a common framework to advance these forensic psychiatric assessments. We describe the current situation and argue for internationalizing the discussion about this assessment, pointing to the example provided by assessments of competence.

  13. Procedural justice seen to be done. The judiciary’s press guidelines in the light of publicity and procedural justice

    NARCIS (Netherlands)

    van Lent, Leonie

    2014-01-01

    The aim of this article is to assess the recent attempts by the Dutch judiciary to gain more public acceptance of its tasks and functioning in criminal justice by enhancing its relationship with the press. The central question to be answered is to what extent the current stance towards the media, as

  14. The emerging geographies of climate justice

    OpenAIRE

    Susannah Fisher

    2012-01-01

    Climate justice is a well-used concept within the international climate debate yet it has often remained little more than a static ideal. This paper brings together literatures on environmental justice, development processes, and the politics of scale to argue that we need to be more attentive to the emerging geographies of climate justice, particularly in the global South where climate change provokes questions of uneven development processes as well as environmental concerns. Through an ana...

  15. Needs and Achievements of the Juvenile Justice System.

    Science.gov (United States)

    Basto-Pereira, Miguel; Ribeiro, Sofia; Maia, Ângela

    2017-01-01

    Over the last decade, studies have evaluated the effectiveness of interventions for juvenile offenders; nonetheless, those studies were more focused on recidivism than on the mechanisms associated with criminal perpetration. The current study explores the role of juvenile justice involvement and detention measures in a set of psychological, social, and criminal behavior characteristics in early adulthood. Seventy-five young adults with official records of juvenile delinquency in 2010-2011 and 240 young adults from the community filled out our protocol in 2014-2015. Young adults with juvenile justice involvement showed worse psychological, social, and criminal outcomes than those from community. Detention appears to be related to the number of deviant friends, delinquency, and school achievement in early adulthood. Our findings are in line with the labeling and deviant peer contagion theories and establish the main areas of interventions that affect the identified needs. A set of policy implications is provided.

  16. Paixões, andamento e ritmo num processo jurídico-penal Passions, tempo and rhytm in a criminal law process

    Directory of Open Access Journals (Sweden)

    Maria Helena Cruz Pistori

    2010-01-01

    Full Text Available O objetivo deste trabalho é demonstrar como a intensidade passional modula um processo jurídico-penal, imprimindo-lhe sentidos. Fundamenta-se teoricamente na semiótica francesa e na retórica antiga. Apresentamos inicialmente alguns exemplos de análise de intensidade passional do processo completo, sobretudo para mostrar os meios que definimos para reconhecê-la. A seguir, visualizamos num gráfico os graus de intensidade passional de cada peça processual e relacionamos a intensidade, o andamento e o ritmo como produtores de diferentes efeitos de sentido, que passamos a comentar. Essa relação nos permite uma nova abordagem e compreensão tanto da argumentação jurídica como do fenômeno jurídico em nossa sociedade.This work intends to demonstrate how passion intensity modulates a criminal law process, contributing to the production of its different senses. It's based on French semiotics and ancient rhetoric theories. We present a few examples of passionate arguments found in the whole law process, showing the means defined to verify the passion grades involved in each of the texts. These grades are visualized in a graph which relates passion intensity, tempo and rhythm, as producers of different sense effects. Finally, we consider the contribution this approach can give to the comprehension of juridical argumentation and law phenomena in our society.

  17. Procedural Justice Seen to Be Done:The Judiciary’s Press Guidelines in the Light of Publicity and Procedural Justice

    Directory of Open Access Journals (Sweden)

    Leonie van Lent

    2014-11-01

    Full Text Available As in other jurisdictions, the Dutch judiciary has been confronted with public unease about criminal justice and is trying to enhance its legitimacy. System and culture however contain hardly any opening for public involvement in criminal justice, and this implication of the publicity principle traditionally encounters disapproval. In its aim of (regaining confidence in the criminal justice system, publicity intertwines procedural fairness and public influence: it requires that the (perception of the lay public is taken into account when conducting proceedings and phrasing the judgment, thereby ensuring visible conformity with publicly-held fairness standards and thus a perception of legitimacy by participants and the public alike. Procedural justice research confirms these notions in finding that the perception of proceedings as fair legitimizes the judiciary and the justice system. The judiciary’s wish to enhance transparency – of which the press guidelines (2013 are the most important expression – is therefore essential. Both publicity and the procedural justice concept refer to the procedure as central in legitimization and therefore provide important arguments for allowing the audiovisual registration of criminal proceedings. As system and culture do not change easily, this may lead to more public-minded proceedings and to a shift in the public debate towards procedure.

  18. Let’s be friends: the United States, post-genocide Rwanda, and victor’s justice in Arusha

    OpenAIRE

    Reydams, Luc

    2013-01-01

    The International Criminal Tribunal for Rwanda issued its last verdict in December 2012. This article examines whether the ICTR was doomed from the start to be a court of ‘victor’s justice.’ I explore the issue by re-examining the politics of the ICTR’s creation. Interviews with (former) US and UN ambassadors and hundreds of declassified diplomatic telegrams (‘cables’) and intelligence reports of the US Department of State shed new light on this process. My analysis concentrates on the strate...

  19. The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

    Directory of Open Access Journals (Sweden)

    Vinesh Basdeo

    2014-08-01

    Full Text Available The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?

  20. Criminal Responsibility of Minors in the New Criminal Code Offences (Law No. 286/2009

    Directory of Open Access Journals (Sweden)

    Alexandru Boroi

    2011-05-01

    Full Text Available The elaboration and adoption of a new penal code represents a decisive moment in the evolution of any state laws. The decision to proceed in developing a new Criminal Code was not a simple demonstration of the political will, but represented a corollary matched of economic and social development, also to the doctrine and jurisprudence and it had as base a series of gaps existing in current regulation. Legislative changes concerning the minority represents one of the focal points of the reform proposed by the new Criminal Code (Law no. 286/2009. One of the major changes contemplated in this regard is the complete surrender to the punishment applicable to juveniles who are criminally responsible, in favor of educational measures. The model that inspired the current legislation is the Organic Law no. 5 / 2000 regarding the criminal liability of minors in Spain (as amended by Organic Law no. 8 / 2006, but have considered the provisions of French law (Order of 2 February 1945 with subsequent changes, German (Law juvenile courts in 1953 with subsequent amendments and the Austrian law (Juvenile Justice Act 1988.

  1. Understanding criminal behavior: Empathic impairment in criminal offenders.

    Science.gov (United States)

    Mariano, Melania; Pino, Maria Chiara; Peretti, Sara; Valenti, Marco; Mazza, Monica

    2016-05-09

    Criminal offenders (CO) are characterized by antisocial and impulsive lifestyles and reduced empathy competence. According to Zaki and Ochsner, empathy is a process that can be divided into three components: mentalizing, emotional sharing and prosocial concern. The aim of our study was to evaluate these competences in 74 criminal subjects compared to 65 controls. The CO group demonstrated a lower ability in measures of mentalizing and sharing, especially in recognizing the mental and emotional states of other people by observing their eyes and sharing other people's emotions. Conversely, CO subjects showed better abilities in prosocial concern measures, such as judging and predicting the emotions and behavior of other people, but they were not able to evaluate the gravity of violations of social rules as well as the control group. In addition, logistic regression results show that the higher the deficits in the mentalizing component are, the higher the probability of committing a crime against another person. Taken together, our results suggest that criminal subjects are able to judge and recognize other people's behavior as right or wrong in a social context, but they are not able to recognize and share the suffering of other people.

  2. Juvenile justice mental health services.

    Science.gov (United States)

    Thomas, Christopher R; Penn, Joseph V

    2002-10-01

    should be screened and, when necessary, assessed for mental health and substance abuse disorders. The screening should occur at the youth's earliest point of contact with the juvenile justice system and should be available at all stages of juvenile justice processing. Whenever possible, youth with serious mental health disorders should be diverted from the juvenile justice system [58]. If delinquent youths do not receive the necessary evaluation, treatment, and rehabilitation, they face the real prospect of further incarceration in adult correctional facilities. Improved screening and treatment require better interagency collaboration, established standards of care, and continuing research on the mental health needs of youth in the juvenile justice system. Better mental health care for youth in the juvenile justice system supports the goal of rehabilitation. Mental health professionals should support these efforts as the appropriate response to meet the challenges of the new century.

  3. Criminality and climate change

    Science.gov (United States)

    White, Rob

    2016-08-01

    The impacts of climate change imply a reconceptualization of environment-related criminality. Criminology can offer insight into the definitions and dynamics of this behaviour, and outline potential areas of redress.

  4. Civil & Criminal Penalties

    Data.gov (United States)

    US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

  5. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  6. Individualistic and social motives for justice judgments.

    Science.gov (United States)

    van Prooijen, Jan-Willem

    2013-09-01

    Justice judgments are subjective by nature, and are influenced substantially by motivational processes. In the present contribution, two motives underlying justice judgments are examined: individualistic motives to evaluate solutions to social problems that benefit the self in material or immaterial ways as fair versus social motives to conceptualize justice in terms of the well-being of others, such as a desire for equality, adherence to in-group norms, and a concern for the collective interest. A review of relevant research reveals evidence for both motivations when people make evaluations of justice. Moreover, which motive is most dominant in the justice judgment process depends on perceptual salience: whereas individualistic motives are activated when a perceiver's own needs and goals are perceptually salient, social motives are activated when others' needs and goals are perceptually salient. It is concluded that both individualistic and social motives contribute in predictable ways to justice judgments.

  7. Criminal investigator stress: symptoms, syndromes, and practical coping strategies.

    Science.gov (United States)

    Miller, Laurence

    2009-01-01

    Without the skill and dedication of criminal investigators, there could literally be no criminal justice system. This group of law enforcement professionals has its own special needs and requires its own special kind of support. The present article describes the special stresses and challenges of homicide and sex crime investigators, and the range of responses shown by these officers. Recommendations are provided for the proper selection and training of investigators, and the personal and professional characteristics of successful investigators are outlined. A variety of stress-coping strategies are then described, some developed by the officers themselves, others with the aid of mental health consultants. The importance of professionalism as a key feature of high-quality investigative work is highlighted, and the ways in which criminal investigators can best access the services of mental health clinicians for their own psychological well-being are discussed.

  8. Symbolism as a Constraint on International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2016-01-01

    International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence...... that the role of international criminal law is symbolic assists with constraining overambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and the UN executive bodies and also serves as a tool informing...... and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging...

  9. The irresponsible criminal in Norwegian medico-legal discourse.

    Science.gov (United States)

    Skålevåg, Svein Atle

    2014-01-01

    This article discusses discourses on criminal responsibility in Norway in the 19th and 20th centuries, in light of Michel Foucault's regimes of power and knowledge: the apparatuses of law, discipline and security. The passing of two criminal codes, in 1842 and 1902 marks a development from neo-classical law to a law influenced by positivist criminology. In these consecutive ways of thinking law, the figure of the irresponsible criminal constituted a contentious issue. From being a figure marking the limits of the law, the irresponsible criminal became an object to be disciplined and a security threat. This redefinition of criminal responsibility created or was created by new groups of experts speaking from positions increasingly close to the criminals. The most important professional group was of course the psychiatrists, that emerged in Norway as a distinct professional group in the second half of the 19th century, and whose influence in the legislative process culminated in the 1920s.

  10. Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity.

    Science.gov (United States)

    Douglas, Thomas

    2014-06-01

    Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond persuasively to this challenge by invoking the right to bodily integrity. I argue that it is not.

  11. Explaining Ethnic Inequality in the Juvenile Justice System, an analysis of the outcomes of Dutch Prosecutorial Decision Making

    NARCIS (Netherlands)

    Weenink, D.

    2009-01-01

    Most studies of the treatment of minorities in criminal justice systems show that ethnic minorities are punished more harshly. This paper aims to explain ethnic inequality in prosecutorial decision making in the Dutch juvenile justice system. Based on statistical analyses of 409 case files, it emerg

  12. Adding positive reinforcement in justice settings: acceptability and feasibility.

    Science.gov (United States)

    Rudes, Danielle S; Taxman, Faye S; Portillo, Shannon; Murphy, Amy; Rhodes, Anne; Stitzer, Maxine; Luongo, Peter F; Friedmann, Peter D

    2012-04-01

    Although contingency management (CM) approaches are among the most promising methods for initiating drug abstinence (S. T. Higgins, S. M. Alessi, & R. L. Dantona, 2002; S. T. Higgins, S. H. Heil, & J. P. Lussier, 2004), adoption and implementation of CM protocols into treatment programs are both challenging and infrequent. In criminal justice agencies, where roughly 70% of clients report substance abuse issues (F. S. Taxman, K. L. Cropsey, D. W. Young, & H. Wexler, 2007), CM interventions are virtually nonexistent. The Justice Steps (JSTEPS) study uses a longitudinal, mixed-method design to examine the implementation of a CM-based protocol in five justice settings. This article presents qualitative data collected during Phase 1 of the JSTEPS project regarding the acceptability and feasibility of CM in these justice settings. The study finds a level of acceptability (find CM tolerable) and feasibility (find CM suitable) within justice agencies, but with some challenges. These challenges are reflected in the following: (a) incorporating too many desired target behaviors into CM models; (b) facing intraorganizational challenges when designing CM systems; and (c) emphasizing sanctions over rewards despite the evidence-base for positive reinforcers. These findings have implications for advancing the dissemination, adoption, and implementation of evidence-based treatments (and CM in particular) in criminal justice settings.

  13. Restoring justice in Serbia: Reconciliation and restorative justice in a post-war context

    Directory of Open Access Journals (Sweden)

    Parmentier Stephan

    2010-01-01

    Full Text Available The debate on how to deal with the past in Serbia is an ongoing one. Both the International Criminal Tribunal for ex-Yugoslavia and national criminal justice mechanisms have played an important role in prosecuting offenders. Other transitional justice approaches continue to be discussed. All in all, the Yugoslav and the Serbian cases are similar to other debates about 'dealing with the past' or 'transitional justice', as they are taking place between elites, political, economic, and within civil society, both in the country concerned and at the international level. Likewise the views and expectations of the local populations in any given country are very rarely taken into account. In this paper findings of a population-based research carried out by our research team in Serbia in 2007 are presented. The research was done by means of a quantitative survey across the country on several issues of post-conflict justice, including truth seeking, accountability, reparation for victims and reconciliation.

  14. The Criminalization of Socio-Environmental Struggles in Puerto Rico

    Directory of Open Access Journals (Sweden)

    Jose Manuel Atiles-Osoria

    2012-02-01

    Full Text Available Throughout the twentieth century and the outset of the twenty-first, Puerto Rico’s sociopolitical and pro-independence struggles from US colonial rule have been influenced by the emergence of mobilizations for environmental justice. This article suggests that our understanding of both environmental and anticolonial mobilizations can be broadened by considering Puerto Rico’s sociopolitical and colonial reality, as well as emphasizing the criminalization processes that take place as an institutional reaction to social mobilization. The structure of the article follows a threefold analysis. In the first part, I describe the historical basis of Puerto Rico’s colonial situation, including its environmental impact, outlining the intertwined nature of these two processes. The second part outlines the mechanisms of repression and criminalization developed by the US and Puerto Rican governments. Finally, part three analyses the Puerto Rican environmental conflicts between 1999 and 2012, as well as how pro-environmental civil disobedience became a criminal offence. A lo largo del siglo XX e inicios del siglo XXI las movilizaciones sociopolíticas y anticoloniales puertorriqueñas y/o las luchas contra el régimen colonial estadounidense en Puerto Rico, se han visto influenciadas por el surgimiento de movilizaciones por la justicia ambiental. Este artículo sugiere que nuestra comprensión de los movimientos ambientales y anticoloniales puertorriqueños puede ser expandida en la medida que consideramos la realidad sociopolítica y colonial puertorriqueña, así como al enfatizar en el estudio de los procesos sistemáticos e institucionales de criminalización desplegados contra estas movilizaciones sociales. La estructura de este articulo se fundamenta en un análisis tridimensional. La primera parte, describe brevemente la historia colonial de Puerto Rico y el impacto del colonialismo sobre el medioambiente, señalando de esta manera la intensa

  15. GMOs and Global Justice

    DEFF Research Database (Denmark)

    Toft, Kristian Høyer

    2012-01-01

    claims to justice. This article investigates how GMOs might generate claims to global justice and what type of justice is involved. The paper argues that the debate on GMOs and global justice can be categorized into three views, i.e., the cosmopolitan, the pluralist, and the sceptic. The cosmopolitan...... on the premise that global cooperation on GMO production provides the relevant basis for assessing the use of GMOs by the standard of global distributive justice....

  16. Criminal policy: Basic concepts

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    Jovašević Dragan

    2014-01-01

    Full Text Available In the contemporary literature on law, politicology and security, there have been various attempts in both scientific and applied disciplines to define the notion and content of the crime suppression policy. The differences underlying these diverse views are based on the different starting points, i.e. whether the criminal policy is perceived as: 1] a scientific (academic] discipline; b] a practical daily activity of competent state authorities and other relevant bodies; 3] an activity of combating crime as a set of most dangerous human behaviors which imperil the most important personal assets and social values; and 4] an activity aimed at suppressing all types of illegal behavior (felonies, misdemeanors, delinquency, economic crimes, etc]. Some authors view the policy of crime suppression as a scientific discipline which provides for the appropriate use of existing tools in combating crime. Concurrently, on the basis of defined body of knowledge and analysis, the science (including some sciences outside the field of law] suggests relevant measures for efficient suppression of crime. Another conception is based on the idea that criminal policy has a dual meaning, i.e. that it may be understood as: 1] a practical social activity aimed at accomplishing the envisaged goals (also known as a practical dimension of crime policy], and 2] a scientific discipline which explores, analyses and proposes measures of social reaction towards criminal behavior. In practice, criminal policy encompasses a system of purposeful, consciously planned and coordinated social activities aimed at preventing crime and protecting the society at large. When perceived in this way, criminal policy is the basic element of the general public policy in a specific society. Just like the criminal law of an individual state, criminal policy is based on specific principles (governing rules].

  17. Survey evidence fights in criminal matters in accordance with the Islamic Penal Code Act 2013

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    Saeid Darougari

    2014-08-01

    Full Text Available Sets lawsuit is evidence to prove the claim in the courts, used and Article 166 of the Constitution, emphasizes this is a criminal trial evidence, as one of the most important issues of criminal justice, there has been a dramatic transformation. Throughout history, testimony and confession, the crime proved a major role, and often inevitable, especially in the period legal reasons played. Basically, though, some common evidence in criminal and civil, but there is evidence of criminal, has unique characteristics that distinguish it from civil evidence. Provided out evidence in criminal proceedings, should be in terms of its relation to crime and punishment, and dealing with the rights and freedoms of the individual and society, the legislator should be. The lack of exposition, in the form of rules Iran, particularly in the Procedures Public and Revolutionary Courts in criminal matters in the plant ambiguity remains is perhaps for this reason that legislators and place less importance because, in criminal matters have noticed. While the fundamentals of a subject makes legislators, compared to those rules, it wrote. In this paper an attempt has been subject to criminal evidence, the definition and its history, discussed and reviewed. In this paper analyzes the status and importance of criminal evidence, the Iranian legal system explains.

  18. Building a forward: Looking agenda for transitional justice in South Africa

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    van der Merwe Hugo

    2005-01-01

    Full Text Available A more holistic restorative justice process provides an avenue to untangle the web of political, personal and social dynamics that deal with past and future sources of violent conflict. While much of the restorative justice literature is focused on individual healing and personal responsibility, the challenge we face in South Africa is to deal with past human rights abuses in a social context that also recognizes their present relevance. As we look at rebuilding society, we face new challenges in relation to social violence. These challenges (be they political divisions, criminal violence, gender violence have their roots in the way that our society has created social identities in the past, the tools we have developed for dealing with violence and the unresolved memories of trauma, exclusion and mistrust we inherit from that past. Sometimes this specter of the past subtly shapes our sense of who we are and what our options are, but all too often it also directly intrudes through drawing on old enmities, repeating old but re-legitimated patterns of violence. Building a new society requires transitional justice processes that don’t simply pigeonhole pre- and post-transition conflicts in neat packages to be set aside or adjudicated. The continuities of conflict and violence require an approach that engages with the causes as well as the complex manifestations of our history of social dislocation and disruption.

  19. Social information processing, subtypes of violence, and a progressive construction of culpability and punishment in juvenile justice.

    Science.gov (United States)

    Fontaine, Reid Griffith

    2008-01-01

    Consistent with core principles of liberal theories of punishment (including humane treatment of offenders, respecting offender rights, parsimony, penal proportionality, and rehabilitation), progressive frameworks have sought to expand doctrines of mitigation and excuse in order to reduce culpability and punishment. With respect to juvenile justice, scholars have proposed that doctrinal mitigation be broadened, and that adolescents, due to aspects of developmental immaturity (such as decision-making capacity), be punished less severely than adults who commit the same crimes. One model of adolescent antisocial behavior that may be useful to a progressive theory of punishment in juvenile justice distinguishes between instrumental violence, by which the actor behaves thoughtfully and calmly to achieve personal gain, and reactive violence, which is characterized as impulsive, emotional retaliation toward a perceived threat or injustice. In particular, social cognitive differences between instrumental and reactive violence have implications for responsibility, length and structure of incarceration, rehabilitation, and other issues that are central to a progressive theory of juvenile culpability and punishment.

  20. INTOXICATION AND CRIMINAL LIABILITY IN INTERNATIONAL CRIMINAL LAW

    OpenAIRE

    ZGAGA SABINA

    2014-01-01

    The principle of actio libera in causa or the effect of a perpetrator's voluntary intoxication on the existence of a criminal act is controversial in international criminal law. The present legislation, as contained in the Rome Statute, is a compromise between different legal systems. It allows the exclusion of a criminal act based on the fact that the perpetrator was involuntarily intoxicated and he or she cannot be ascribed guilt for the act of intoxication and the criminal act. In the Rome...