Criminal Justice (criminal + justice)

Distribution by Scientific Domains
Distribution within Law and Criminology

Terms modified by Criminal Justice

  • criminal justice policy
  • criminal justice professional
  • criminal justice system

  • Selected Abstracts



    Criminal Justice and Legal Reparations as an Alternative to Punishment

    NOUS, Issue 2001
    Geoffrey Sayre-McCord
    First page of article [source]

    Public Confidence in Criminal Justice: The Lessons from Miscarriages of Justice

    Abstract: This article describes how the media understand miscarriages of justice, and how that understanding is distinct from the understanding of miscarriages of justice that determine the Court of Appeal's decisions and enable it to reach the conclusion that a conviction is unsafe. It demonstrates how at particular times the media construct a story of a ,crisis of public confidence' in the criminal justice system, how such a story is periodic and recurrent, and how attempts to control or reduce the likelihood of such a story being developed tend to be unsuccessful, or even counterproductive. [source]

    Out of this World: The Advent of the Satellite Tracking of Offenders in England and Wales,

    Mike Nellis
    Satellite tracking, and the monitoring of exclusion zones which it permits, had been legislated for in the Criminal Justice and Court Services Act 2000, but the Home Office waited until putatively reliable technology , more reliable than that initially used for tracking in the USA , was available before commencing the pilots. Its arrival was formally announced in the context of a major review of ,correctional services', in which electronic monitoring generally is given a clearer strategic role than it has had hitherto in England and Wales. Although snippets of information about satellite tracking were drip fed into the media in the run up to the launch of the pilots, this has been a most under-deliberated initiative. This article was completed just before the commencement of the pilots and aims primarily to open up debate about this new measure. It also argues that the emergence of satellite tracking , monitoring movement rather than just single locations , sheds light on the development of electronic monitoring more generally, whose implications for more humanistic approaches to offender supervision, such as probation, are still not fully appreciated. [source]

    Social Exclusion and the Politics of Criminal Justice: A Tale of Two Administrations

    Mark Drakeford
    This article deals with the relationship between the emerging criminal justice and social policies of the 1997 Labour government. It analyses the legacy inherited from the previous Conservative administrations and explores the extent to which policy making in the one area is now influenced by activity in the other. The authors suggest that the objects of criminal justice policy are most likely to be achieved when understood and developed within a social policy context. They conclude, however, that in a number of important aspects, the current government seems more likely to pursue social policy objectives by invoking the instruments of criminal justice. [source]

    Tackling Offending on Bail

    Anthea Hucklesby
    During the early 1990s the problem of offending on bail attracted a great deal of attention from politicians, the police, the media and the general public resulting in new legislation aimed at tackling the problem. The bail provisions in the Criminal Justice and Public Order Act 1994 (CJ&PO Act 1994) were one of these initiatives. This Act, inter alia, removed the presumption of bail for defendants who have allegedly committed certain types of offences on bail and enabled the police to attach conditions to police bail. This article discusses the main findings of a research project commissioned by the Home Office to investigate the impact of some of these legal changes. The research found that the provisions had had little practical effect on the number of defendants who had allegedly committed offences on bail who were remanded in custody. It did, however, identify an increase in the number of such defendants who were granted bail with conditions. Changes were found in remand decisions for two groups of defendants: those charged with serious offences who already had a bail history and defendants charged with vehicle crime and burglary. It will be argued that these changes reflected broader political and media debate about offending on bail rather than the legal changes incorporated into the CJ&PO Act 1994. [source]

    The Reclassification of Extreme Pornographic Images

    THE MODERN LAW REVIEW, Issue 1 2009
    Andrew D. Murray
    Legal controls over the importation and supply of pornographic imagery promulgated nearly half a century ago in the Obscene Publications Acts have proven to be inadequate to deal with the challenge of the internet age. With pornographic imagery more readily accessible in the UK than at any time in our history, legislators have been faced with the challenge of stemming the tide. One particular problem has been the ready accessibility of extreme images which mix sex and violence or which portray necrophilia or bestiality. This article examines the Government's attempt to control the availability of such material through s.63 of the Criminal Justice and Immigration Act 2008, which criminalises possession of such images. It begins by examining the consultation process and concludes that an underlying public policy objective was the root of the new offence despite the lack of a clear mandate for such a policy. The article then examines whether this weakness in the foundations for the proposed new offence caused the proposal to be substantially amended during the Committee Stage of the Criminal Justice and Immigration Bill: to the extent that the final version of s.63 substantially fails to meet the original public policy objective. The article concludes by asking whether s.63 may have unintended consequences in that it fails to criminalise some of the more extreme examples of violent pornography while criminalising consensual BDSM images, and questions whether s.63 will be enforceable in any meaningful way. [source]

    Criminal justice and penal populism in Ireland

    LEGAL STUDIES, Issue 4 2008
    Dr Liz Campbell
    In constructing criminal policy the Irish legislature seems to be driven predominantly by a pragmatic and populist approach, in contrast to the rights-oriented jurisprudence of the Supreme Court. This paper describes the conflict between the courts and the legislature in relation to criminal justice matters in Ireland, particularly in the context of bail, the exclusionary rule and sentencing, and analyses the reasons for this divergence, drawing on the concept of penal populism. Although the Irish courts serve as a valuable bulwark against punitive populist policies, this paper considers if this failure to adhere to the desires of the legislature and to public opinion is anti-democratic. Furthermore, in assessing the apparent rift between the two arms of the Irish State, this paper highlights areas of criminal justice in which this conceptualisation of the legislature as punitive and the courts as rights-enforcing is unduly simplistic and possibly inaccurate. [source]

    Criminal justice, cultural justice: The limits of liberalism and the pragmatics of difference in the new south africa

    John L. Comaroff
    ABSTRACT What are the limits of liberalism in accommodating the growing demands of difference? Can a Euromodernist nation-state, founded on One Law, infuse itself with another, with an African jurisprudence? And how is it to deal with cultural practices deemed "dangerous" by the canons of enlightenment reason? These questions are especially urgent in postcolonies like South Africa, with highly diverse populations whose traditional ways and means are accorded constitutional protection. Here we examine how South Africans are dealing with such "dangerous" practices in an era in which their nation is becoming ever more policultural; how, in the process, an Afromodernity is taking organic shape in the interstices between new democratic institutions and the kingdom of custom; how the confrontation between Culture, in the upper case, and a state founded on liberal universalism is beginning to reconfigure the political landscape of this postcolony,as it is, we argue, in many places across the planet. [source]

    Appraising, researching and conceptualizing criminal thinking: a personal view

    Background,It is argued that current interest in the concept of criminal thinking has its roots in traditional theories of criminology and criminal justice such as Sutherland's differential association model, neutralization theory, and Yochelson and Samenow's criminal personality. Aim,The purpose of this paper is to briefly review and summarize theory, research, and practice on criminal thinking as it relates to the author's work in this area. Conclusions,Three self-report inventories , the Criminal Sentiments Scale (CSS), the Psychological Inventory of Criminal Thinking Styles (PICTS), and the Measures of Criminal Attitudes and Associates (MCAA); three principal areas of research , criminal thinking as a predictor of criminal behaviour, offence as a moderator of criminal thinking, and changes in criminal thinking leading to changes in criminal behaviour; and a general theory of criminal thinking are briefly reviewed in this paper. Copyright 2006 John Wiley & Sons, Ltd. [source]

    What is problem solving?

    A review of theory, applications, research
    Introduction Structured training or therapy programmes designed to develop cognitive problem-solving skills are now widely used in criminal justice and mental health settings. Method This paper describes the conceptual origins and theoretical models on which such programmes are based, and provides a historical overview of their development. Theoretical formulations of problem-solving deficits have also been used to inform the design of intervention programmes, and a number of studies and evaluations of such interventions are reviewed, with particular reference to criminal and other antisocial behaviour. Discussion In recent years there has been steadily growing supportive evidence for the benefits of this approach. However, there are also several aspects of its application that require further investigation, and some of the remaining questions are identified. Copyright 2001 Whurr Publishers Ltd. [source]


    CRIMINOLOGY, Issue 1 2009
    Since philosophers Beccaria and Bentham, criminologists have been concerned with predicting how governmental attempts to maintain lawful behavior affect subsequent rates of criminal violence. In this article, we build on prior research to argue that governmental responses to a specific form of criminal violence,terrorism,may produce both a positive deterrence effect (i.e., reducing future incidence of prohibited behavior) and a negative backlash effect (i.e., increasing future incidence of prohibited behavior). Deterrence-based models have long dominated both criminal justice and counterterrorist policies on responding to violence. The models maintain that an individual's prohibited behavior can be altered by the threat and imposition of punishment. Backlash models are more theoretically scattered but receive mixed support from several sources, which include research on counterterrorism; the criminology literature on labeling, legitimacy, and defiance; and the psychological literature on social power and decision making. In this article, we identify six major British strategies aimed at reducing political violence in Northern Ireland from 1969 to 1992 and then use a Cox proportional hazard model to estimate the impact of these interventions on the risk of new attacks. In general, we find the strongest support for backlash models. The only support for deterrence models was a military surge called Operation Motorman, which was followed by significant declines in the risk of new attacks. The results underscore the importance of considering the possibility that antiterrorist interventions might both increase and decrease subsequent violence. [source]

    How ideology shapes the evidence and the policy: what do we know about cannabis use and what should we do?

    ADDICTION, Issue 8 2010
    John Macleod
    ABSTRACT In the United Kingdom, as in many places, cannabis use is considered substantially within a criminal justice rather than a public health paradigm with prevention policy embodied in the Misuse of Drugs Act. In 2002 the maximum custodial sentence tariff for cannabis possession under the Act was reduced from 5 to 2 years. Vigorous and vociferous public debate followed this decision, centred principally on the question of whether cannabis use caused schizophrenia. It was suggested that new and compelling evidence supporting this hypothesis had emerged since the re-classification decision was made, meaning that the decision should be reconsidered. The re-classification decision was reversed in 2008. We consider whether the strength of evidence on the psychological harms of cannabis has changed substantially and discuss the factors that may have influenced recent public discourse and policy decisions. We also consider evidence for other harms of cannabis use and public health implications of preventing cannabis use. We conclude that the strongest evidence of a possible causal relation between cannabis use and schizophrenia emerged more than 20 years ago and that the strength of more recent evidence may have been overstated,for a number of possible reasons. We also conclude that cannabis use is almost certainly harmful, mainly because of its intimate relation to tobacco use. The most rational policy on cannabis from a public health perspective would seem to be one able to achieve the benefit of reduced use in the population while minimizing social and other costs of the policy itself. Prohibition, whatever the sentence tariff associated with it, seems unlikely to fulfil these criteria. [source]

    The Identity of European Law: Mapping Out the European Legal Space

    EUROPEAN LAW JOURNAL, Issue 2 2000
    Christopher Harding
    The main purpose of this discussion is to supply some content to the concept of the ,European legal space' at the turn of the twentieth century. The term ,legal space' is used in preference to ,legal system' or ,systems' in order to convey a sense of the complex, non-hierarchical, overlapping, interlocking and evolutionary character of contemporary European legal phenomena. A number of evident legal orders may be identified within the overall European space: those of the EC, the EU, the EEA, the Council of Europe and the OSCE, although to refer to some of these as ,orders' may be misleading, by implying too much in terms of a centrally determined structure. It is also possible to point to less evident legal ordering, such as the process of norm exportation contained in the Europe Agreements concluded between the EU and individual non-Member States, or the kind of order resulting from transatlantic co-operation in fields such as criminal justice (which also challenges the description of ,European'). In juristic terms, the argument here confronts the primacy traditionally accorded to the sovereign state in the field of law-making, and draws upon two non-juridical models of analysis: that of multi-level governance, as used by political scientists to indicate a shift away from the exclusive authority and legitimacy claimed by sovereign states; and the biological model of catalytic closure, used to indicate evolution through a process of spontaneous reactions within a body. Both models may be usefully employed to probe the dynamics of European legal ordering at the close of the Twentieth Century. [source]

    International Prosecutions and Domestic Politics: The Use of Truth Commissions as Compromise Justice in Serbia and Croatia

    Brian Grodsky
    Since the end of the Cold War, increased efforts at international criminal justice have begun to transform transitional justice for the worst cases of atrocities from a predominantly domestic affair to an international one. I examine side-effects of international pressure for criminal justice, arguing that political elites struggling to balance conflicting international and domestic demands may launch "compromise justice" policies designed to satisfy both, but which in effect weaken mechanisms that transitional justice scholars posit make postconflict reconciliation most likely. I apply this argument to the former Yugoslavia, examining Serbian and Croatian truth commissions as a form of "compromise justice." [source]

    Responsibilities of Criminal Justice Officials

    abstract In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim diverges not only from the commonsense view about such officials, but also from the positions standardly taken in legal theory and political science debates, which presume there is some general obligation that must arise from legal norms and be reconciled with political realities. I defend my claim by highlighting the conceptual gap between the rigid, generalised, codified rules that define a criminal justice office and the special moral responsibilities of the various moral roles that may underpin that office (such as guard, guardian, healer, educator, mediator, counsellor, advocate, and carer). After addressing four objections to my view, I consider specific contexts in which criminal justice officials are obligated not to adhere to the demands of their offices. Amongst other things, the arguments advanced in this paper raise questions about both the distribution of formal discretion in the criminal justice system and the normative validity of some of the offices that presently exist in criminal justice systems. [source]

    Taking the Sincerity Out of Saying Sorry: Restorative Justice as Ritual

    abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice , notably that defended by Braithwaite , can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice as an apologetic ritual. This view gives some ground to von Hirsch but presents a view of criminal justice that is distinctively restorative. I conclude by drawing out the differences between my account and that of Duff. [source]

    Understanding Offenders' Compliance: A Case Study of Electronically Monitored Curfew Orders

    Anthea Hucklesby
    The focus of this paper is on offenders' compliance, which is an important but largely neglected area of criminal justice. The paper draws on an empirical study of offenders' compliance with electronically monitored curfew orders with the aim of elucidating theories of compliance. Electronic monitoring is used as a case study to illustrate some of the factors which influence offenders' compliance. One of the main strengths of electronic monitoring is the certainty and speed at which non-compliance can be detected and, as expected, instrumental compliance was found to be important. Nonetheless, the paper suggests that the reasons why offenders comply or fail to comply are complex and interrelated and encompass many different factors including procedural justice, individual motivation, and attachments to significant others. The implications of these findings for compliance theories and community sentence policy are explored. [source]

    Core Values, the Magistracy, and the Auld Report

    Andrew Sanders
    In this article I shall first examine the core values underlying criminal justice about which there is some consensus. I then briefly review the current arrangements and decision making processes in magistrates courts in England and Wales before relating the core values to those arrangements and processes. This leads me to certain conclusions about the magistracy that I contrast with Auld's conclusions and recommendations. [source]

    Participants' Attitudes in the Utah Juvenile Victim-Offender Mediation Program

    ABSTRACT This paper describes an archival evaluation of the Juvenile Court Victim-Offender Mediation Program (VOMP) of the Utah State Courts in Salt Lake City. From 1997 to 2000, 147 victims and 330 offenders reported their attitudes towards their experiences in VOMP. Although victims were more satisfied than offenders for some outcomes, all participants reported exceptionally high satisfaction. These promising results are consistent with other published studies on the effectiveness of VOMP and other forms of restorative justice in demonstrating the promise of mediation in criminal justice. [source]

    The Effect of Legal and Extra-Legal Variables on the Recommending and Granting of a Pardon

    LAW & POLICY, Issue 1 2000
    Thomas Austin
    A familiar but little studied area of criminal justice is that of pardons. Using data from the Pennsylvania Board of Pardons, the decision-making process is examined to determine the degree of correspondence between the board's recommendation and the governor's decision to grant or deny a pardon. Included in the analysis is an assessment of the relative impact of legal and extra-legal variables on the decision-making process. The paper concludes with a discussion on the dynamics of the process, including why some individuals are more likely than others to be granted a pardon, and the implications the findings have for both policy and theory development. [source]

    Criminal justice and penal populism in Ireland

    LEGAL STUDIES, Issue 4 2008
    Dr Liz Campbell
    In constructing criminal policy the Irish legislature seems to be driven predominantly by a pragmatic and populist approach, in contrast to the rights-oriented jurisprudence of the Supreme Court. This paper describes the conflict between the courts and the legislature in relation to criminal justice matters in Ireland, particularly in the context of bail, the exclusionary rule and sentencing, and analyses the reasons for this divergence, drawing on the concept of penal populism. Although the Irish courts serve as a valuable bulwark against punitive populist policies, this paper considers if this failure to adhere to the desires of the legislature and to public opinion is anti-democratic. Furthermore, in assessing the apparent rift between the two arms of the Irish State, this paper highlights areas of criminal justice in which this conceptualisation of the legislature as punitive and the courts as rights-enforcing is unduly simplistic and possibly inaccurate. [source]

    Islamic jurisprudence and the role of the accused: a re-examination

    LEGAL STUDIES, Issue 4 2003
    S A Farrar
    This paper re-examines the Orientalist view that Islamic criminal justice operates without any constitutional protections for the individual. It takes the works of Noel Coulson as representative of the canon and subjects them to critical scrutiny. Rather than mimic Orientalist methods of analysis, the author integrates the views of a contemporary, but traditional Islamic scholar, and demonstrates that an accused receives similar, if not more, protection than in a secular, Western tradition. [source]

    Partnering to move students into college and community-oriented careers: The administration of justice department at East Los Angeles College

    Carrie B. Kisker
    This chapter describes how the Administration of Justice Department at East Los Angeles College has partnered with community and educational organizations to move students into college and careers in law enforcement, criminal justice, and the fire service. [source]

    National and Global Agendas on Violence Against Women: Historical Perspective and Consensus

    Mary P. Koss PhD
    A policy analysis of 11 national and global institutions' violence against women agendas spanning 1990 to 2006 is presented. Analysis revealed 85 distinct recommendations. The highest percentages of them referenced prevention (29%); data, design, and measurement (21%); and psychotherapy and support (19%). Consensus (percentage of recommendations for future activities included in four or more agendas) was highest for advocacy (75%), funding (50%), prevention (48%), and data, design, and measurement (44%). Changes in emphasis over time, aims that have been abandoned, and observations contrasting U.S. and global agendas are also examined. The results create a context to inform the agendas currently in development within psychology, criminal justice, medicine, nursing, public health, and other disciplines. Next steps to guide future policy work include investigation of advocates', practitioners', researchers', and policymakers' perceived progress in implementing existing recommendations, empirical cataloguing of achievements that demonstrate progress toward aims, constituent input on reprioritization of activities, and contemporizing action steps. [source]

    Threats of Incarceration in a Psychiatric Probation and Parole Service

    Jeffrey Draine Ph.D.
    This study of the extent to which probation officers use threats of incarceration when working with clients who have mental illness found that collaboration between probation and parole officers and mental health workers significantly enhances the coercive interactions between officers and their clients. Guidelines for collaboration between criminal justice and mental health systems are called for. [source]

    Improving the Civil-Criminal Interface for Victims of Domestic Violence

    The ,interface' between civil and criminal courts is completely dependent upon the advocates that support victims through the legal process, rather than any formal policy or procedure. Whilst in Cardiff these arrangements appear to be effective, developing the interface between civil and criminal courts needs to be a national endeavour to provide a consistent and streamlined response to victims of domestic violence. The co-ordination of civil with criminal justice represents the best hope of keeping victims and their children safe. [source]

    Partnership in Working with Young Offenders with Substance Misuse Problems

    John Minkes
    It draws on local evaluations of 25 projects funded by the Youth Justice Board's Development Fund from 1999 to 2002. For the most part, the relationships were described in mainly positive terms but a number of areas of potential and actual conflict were identified, notably confidentiality, referral criteria and enforcement. The findings are compared with previous research on partnerships between criminal justice and voluntary agencies, which generally indicate similar advantages and tensions. To some extent, YOTs and projects were able to avoid some of the predictable tensions by careful liaison and planning. However, the speed of the tendering process and the practical complexities of setting up the projects at the same time as the YOTs themselves were coming into being made this difficult for some projects. [source]

    Litigation as a Strategy in Penal Reform

    Claire Valier
    With this context in mind, the significance of a recent action for judicial review is discussed. In this landmark case, the Howard League for Penal Reform successfully challenged the legality of the Home Secretary's policy on children held in young offender institutions. The article describes the changing strategies employed by the League, and particularly contrasts ,persuasion and influence' with the turn to litigation. The ability of judicial review, as a specific kind of litigation, to further the goals of penal reform, is considered. Two principal arguments are advanced, namely: (i) that legal strategies are an important means through which penal policy is contested, and (ii) that legal actions contribute to the pursuit of informed modes of public engagement with questions about criminal justice. [source]

    National Standards for the Probation Service: Managing Post-Fordist Penality

    Paul Sparrow
    The debate surrounding post-Fordism was focused primarily on changes in the ,late industrial' technology of work and the new social relations of production with which this is associated. This analysis has rarely reached into the domain of punishment and discipline, which is perhaps surprising given the historical demonstration of an ,elective affinity' between the nature of work regimes and the form of discipline to which offenders are subject. If we have indeed entered a new era of technological and social relations of production (,post-Fordism") then we might expect there to be consequential changes in the administrative contours of criminal justice. The exploration of this conjecture has a set of three interwoven elements. Firstly, there is a review of the historical background to the structural affinities between work and penality, as well as an indication of some emerging contemporary resonance between them. Secondly, this will be given a measure of empirical reference through examining the nature of the modern probation service, and in particular the extensive network of guidelines, contracts, monitoring and inspection which serve to ,regulate' not only offenders but also the working practices of the probation officer. Finally, we conclude by suggesting that the new penality is a continuation of the modern strategies of punishment and discipline, which in its revised form can indeed be seen as post-Fordist (though certainly not postmodern). [source]