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Bearfield, Domonic, Nicole Humphrey, Shannon Portillo und Norma Riccucci. „Dismantling Institutional and Structural Racism: Implementation Strategies Across the United States“. Journal of Social Equity and Public Administration 1, Nr. 1 (03.01.2023): 75–92. http://dx.doi.org/10.24926/jsepa.v1i1.4837.
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The field of public administration writes and theorizes a good deal about institutional and structural racism, but as an applied field, we don’t address some of the potential intervention strategies for dismantling racist structures and institutions. This article examines some of the prospective strategies in areas such as reparations, criminal justice, health care, and housing which have been implemented seeking to upend institutional and structural racism in this nation. Policies or programs, unless implemented, create a revolving-door syndrome. However, even when policies are developed and implemented, their efficacy is not always guaranteed, as will be seen. This article discusses how public administration can move away from the “ready, aim, study more” conundrum, and offers suggestions for moving forward to the next frontier.
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Hardeman, Rachel R., Simone L. Hardeman-Jones und Eduardo M. Medina. „Fighting for America's Paradise: The Struggle against Structural Racism“. Journal of Health Politics, Policy and Law 46, Nr. 4 (01.08.2021): 563–75. http://dx.doi.org/10.1215/03616878-8970767.
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Abstract Structural racism is a fundamental cause of racial inequities in health in the United States. Structural racism is manifested in inequality in the criminal justice system; de facto segregation in education, health care, and housing; and ineffective and disproportionately violent policing and economic disenfranchisement in communities of color. The inequality that Black people and communities of color face is the direct result of centuries of public policy that made Black and Brown skin a liability. The United States is now in an unprecedented moment in its history with a new administration that explicitly states, “The moment has come for our nation to deal with systemic racism . . . and to deal with the denial of the promise of this nation—to so many.” The opportunities for creating innovative and bold policy must reflect the urgency of the moment and seek to dismantle the systems of oppression that have for far too long left the American promise unfulfilled. The policy suggestions made by the authors of this article speak to the structural targets needed for dismantling some of the many manifestations of structural racism so as to achieve health equity.
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Denney, David. „Anti‐racism and the Limits of Equal Opportunities Policy in the Criminal Justice System“. Social Policy & Administration 31, Nr. 5 (Dezember 1997): 79–95. http://dx.doi.org/10.1111/1467-9515.00076.
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Petersen, Nick. „Examining the Sources of Racial Bias in Potentially Capital Cases“. Race and Justice 7, Nr. 1 (31.07.2016): 7–34. http://dx.doi.org/10.1177/2153368716645842.
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While prior research has uncovered racial disparities in the administration of death sentences, little attention has been devoted to earlier stages in the capital punishment processes. To understand the locus of racial bias within death penalty institutions, this study examines the entry of homicide cases into Los Angeles County’s criminal justice system during a 5-year period. This two-part analysis seeks to answer the following research questions: (1) Does victim/defendant race influence homicide clearance and death penalty charging decisions? and (2) if so, does the likelihood of clearance mediate the effect of victim race on death penalty charges? Logistic regressions indicate that cases involving Latino victims are less likely to be cleared. Moreover, cases with Black and Latino victims are less likely to be prosecuted with a death penalty–eligible charge. Racial disparities accumulate across these stages, with clearance patterns influencing subsequent death penalty charging decisions. Results underscore the cumulative nature of racial within criminal justice institutions. By linking police and prosecution outcomes, these findings also highlight the interrelationship between criminal justice agencies.
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Kim, Jaeok, und André Kiesel. „The Long Shadow of Police Racial Treatment: Racial Disparity in Criminal Justice Processing“. Public Administration Review 78, Nr. 3 (12.09.2017): 422–31. http://dx.doi.org/10.1111/puar.12842.
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Iheme, Williams C. „Assesing the Roles of Race and Profit in the Mass Incarceration of Black People in America“. Age of Human Rights Journal, Nr. 16 (14.06.2021): 148–85. http://dx.doi.org/10.17561/tahrj.v16.6274.
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Shortly after the alleged discovery of America and its vast expanse of land waiting to be cultivated with cash crops using cheap human labor, millions of Africans fell victims and were kidnapped to work as slaves in American plantations for about four centuries. Even though it has been over 150 years since the official abolition of slavery in America, the effects of the 400 years of enslavement continue to reverberate: irrespective of the blackletter rights protecting Black people from injustices, the deep racist structures typically decrease the potency of these rights, and thus perpetuate oppression. This article assesses the roles being played by race and profit in the administration of criminal justice: it deems the systemic oppression of Black people as a humanitarian crisis and seeks to ascertain this by interpreting the attitudes of the various key players in the American Criminal Justice System, the majoritarian population, mainstream media, and Corporate America: it challenges some entrenched racist practices suspected to be the umbilical cord that links Black people in America with mass incarceration.
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Eaglin, Jessica. „When Critical Race Theory Enters the Law & Technology Frame“. Michigan Journal of Race & Law, Nr. 26.0 (2021): 151. http://dx.doi.org/10.36643/mjrl.26.sp.when.
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Michigan Technology Law Review is proud to partner with our peers to publish this essay by Professor Jessica Eaglin on the intertwining social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.
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Barbash, Daria. „Stereotype as an Obstruction to Justice and Its Influence on a Judge While Consideration of a Criminal Proceeding“. Theory and Practice of Forensic Science and Criminalistics 32, Nr. 3 (29.09.2023): 132–47. http://dx.doi.org/10.32353/khrife.3.2023.08.
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Consideration by a judge of criminal cases is closely related to the formation of internal conviction, which, in turn, is influenced by numerous factors, including internal psychological ones. One of them is the phenomenon of stereotyping, inherent to every person as a component of human social nature. The Article Purpose is to analyze the phenomenon of stereotype, its historical development, and study into the influence of the stereotyping process on the judge while consideration of criminal cases. To fulfil the specified goal, a systematic approach was chosen out of general scientific and special scientific methods, among which the most widely used are: historical-legal, formal-legal, and systemic-structural. Significance of the stereotyping phenomenon for society as a whole and for an individual in particular has been also analyzed, its influence on a judge’s internal perception of the defendant and case circumstances, as well as its impact on evidence evaluation in a criminal proceeding. The influence of various types of stereotypes on perception by a judge of a person brought to criminal responsibility (depending on his/her gender, race, or nationality) has been studied, along with racial bias during consideration of criminal cases (depending on crime type). It has been proven that a deeply-rooted stereotype can influence the development of a judge’s internal conviction, and therefore, evaluation of evidence in a case, the decision on a person’s guilt (innocence), determination of punishment, etc. It has been highlighted that stereotyping during administration of criminal cases by a judge negatively affects the judge’s impartiality and may provoke discrimination against parties in a criminal proceeding, which is inadmissible.
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COOLEY, WILL. „Crack and Criminal Justice in Canton, Ohio, 1987–1999: “The Drug Problem has Created a Monster”“. Journal of Policy History 33, Nr. 2 (April 2021): 143–82. http://dx.doi.org/10.1017/s089803062100004x.
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AbstractThe rise of crack cocaine in the late 1980s propelled the war on drugs. The experience of Canton, Ohio, shows how the response to crack solidified mass incarceration. A declining industrial city of 84,000 people in northeast Ohio with deep-seated racial divides, it was overwhelmed by aggressive, enterprising crack dealers from outside the city. In response, politicians and residents united behind the strategy of incessant arrests and drastic prison sentences. The law-enforcement offensive worsened conditions while pursuing African Americans at blatantly disproportionate rates, but few people engaged in reframing the drug problem. Instead, a punitive citizenry positioned punishment as the principal remedy. The emergency foreclosed on more comprehensive assessments of the city’s tribulations, while the criminal justice system emerged as the paramount institution.
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SAHA, JONATHAN. „Madness and the Making of a Colonial Order in Burma“. Modern Asian Studies 47, Nr. 2 (02.07.2012): 406–35. http://dx.doi.org/10.1017/s0026749x11000400.
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AbstractIn general, during the nineteenth century the British were indifferent to the condition of the insane in colonial Burma. This was most apparent in the Rangoon lunatic asylum, which was a neglected institution reformed reluctantly and episodically following internal crises of discipline and the occasional public scandal. However, whilst psychiatry was generally neglected, British officials did intervene when and where insanity threatened the colonial order. This occurred in the criminal courts where the presence of suspected lunatics was disruptive to the administration of justice. Insanity was also a problem for the colonial regime within the European community, where erratic behaviour was viewed as a threat to racial prestige. This paper shows how, despite its neglected status in Burma, psychiatric knowledge contributed to British understandings of Burman masculinity and to the maintenance of colonial norms of European behaviour.
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Denney, Matthew G. T. „“To Wage a War”: Crime, Race, and State Making in the Age of FDR“. Studies in American Political Development 35, Nr. 1 (09.03.2021): 16–56. http://dx.doi.org/10.1017/s0898588x2000019x.
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AbstractThe FDR administration waged a war on crime starting in 1933. I argue that this war on crime had three primary effects. First, it created a ratchet effect whereby expanded institutions did not return to previous levels after the campaign ended. Second, it instilled enduring institutional and racial logics into law enforcement in America. By building a state through a war on crime, these leaders constructed a criminal justice system designed to make war. Moreover, they perpetuated the surveillance of Black leaders and eschewed calls from Black organizations demanding protection from widespread racial violence. Third, these political entrepreneurs induced an issue realignment that defined crime policy around a politics of consensus—a consensus that included every major political bloc but Black Americans, who unsuccesfully called on the federal government to hold local police accountable and address racial inequality. This coalition diffused their methods to states and deployed future wars on crime, and the racial logics cemented in the FDR era set the stage for these future wars to be deployed disproportionately against the Black community.
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Lofstrom, Magnus, Brandon Martin und Steven Raphael. „Effect of sentencing reform on racial and ethnic disparities in involvement with the criminal justice system: The case of California's proposition 47“. Criminology & Public Policy 19, Nr. 4 (15.10.2020): 1165–207. http://dx.doi.org/10.1111/1745-9133.12527.
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Gonzalez, Frank J., Rongbo Jin und Ianne Wang. „Racial and ethnic variation in the negativity bias–ideology connection: A registered report“. Politics and the Life Sciences 41, Nr. 2 (2022): 232–55. http://dx.doi.org/10.1017/pls.2022.19.
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AbstractThis is a registered report for a study of racial and ethnic variation in the relationship between negativity bias and political attitudes. Pioneering work on the psychological and biological roots of political orientation has suggested that political conservatism is driven in large part by enhanced negativity bias. This work has been criticized on several theoretical fronts, and recent replication attempts have failed. To dig deeper into the contours of when (and among whom) negativity bias predicts conservatism, we investigate a surprisingly overlooked factor in existing literature: race and ethnicity. We propose that political issues represent threat or disgust in different ways depending on one’s race and ethnicity. We recruited 174 White, Latinx, and Asian American individuals (in equal numbers) to examine how the relationship between negativity bias and political orientation varies by race/ethnicity across four domains: policing/criminal justice, immigration, economic redistribution, and religious social conservatism.
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Trochmann, Maren B., und Angela Gover. „Measuring the impact of police representativeness on communities“. Policing: An International Journal of Police Strategies & Management 39, Nr. 4 (21.11.2016): 773–90. http://dx.doi.org/10.1108/pijpsm-02-2016-0026.
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Purpose The purpose of this paper is to examine whether the representativeness of police departments, i.e. the extent to which the demographics of sworn police officers mirror their local constituency’s demographic makeup, has an effect on communities. The study seeks to explain whether community complaints about police use of force are related to the representativeness of the police department. Design/methodology/approach The study examines the relationships between use of force complaints lodged against a police department and the representativeness of the police vis-à-vis their community using ordinary least squares regression and city fixed-effects models. The stratified sample of 100 large US cities uses data from the US Census Equal Employment Opportunity Survey and the Bureau of Justice Statistics Law Enforcement Management and Administration Statistics Survey from several points-in-time. Findings The analysis suggests that racial makeup and, to a lesser extent, local residency of police departments might matter in reducing community conflict with police, as represented by use of force complaints. However, the fixed-effects model suggests that unobserved community-level characteristics and context matter more than police departments’ representativeness. Originality/value This study seeks to provide a unique perspective and empirical evidence on community conflict with police by integrating the public administration theory of representative bureaucracy with criminal justice theories of policing legitimacy. The findings have implications for urban policing as well as law enforcement human capital and public management practices, which is essential to understand current crises in police-citizen relations in the US, especially in minority communities.
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Yu, Helen H. „Policing reforms in the 21st century: an examination of racial diversity post-executive order 13684“. Policing: An International Journal 45, Nr. 2 (01.03.2022): 346–64. http://dx.doi.org/10.1108/pijpsm-10-2021-0147.
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PurposeThis study aims to examine minority representation amid the largest police departments in the USA that employ at least 500 sworn officers to determine whether the passage of Executive Order 13684 (2014)—a comprehensive criminal justice reform initiative to identify policing best practices and offer recommendations on how those practices can promote effective crime reduction while (re)building public trust—had any policy impact for increasing racial diversity in policing.Design/methodology/approachSurvey responses on race and ethnicity are collected from 83 police departments across three cross-sectional points in time (2007–2013 and 2013–2016) to examine changes in racial diversity.FindingsThe findings suggest that nearly 20% of the police departments in this study had increases in racial diversity that could be attributed to Executive Order 13684 (2014).Research limitations/implicationsInsufficient time may have lapsed between the passage of Executive Order 13684 (2014) and the last survey collection period to generate meaningful change.Practical implicationsThis study responds to the call by the President’s Task Force on 21st Century Policing (2015) to highlight those successful police departments, as well as those less successful police departments, for improving diversity in the police force.Originality/valueTo the best of the author’s knowledge, the findings from this study provide one of the first attempts to examine how federal recommendations impact local policing practices.
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Roberts, Rebecca. „Racism and criminal justice“. Criminal Justice Matters 101, Nr. 1 (03.04.2015): 18–20. http://dx.doi.org/10.1080/09627251.2015.1080941.
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Vlasiadis, Konstantinos, und Maria Koutsamani. „Forensic Dentistry - The Role of the Dentist in Human Identification“. Clinical Medicine And Health Research Journal 3, Nr. 4 (07.07.2023): 455–59. http://dx.doi.org/10.18535/cmhrj.v3i4.200.
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A dentist's role often involves screening, diagnosing, preventing, and treating a variety of oral diseases. However, it is equally important in both the medical and the judicial field through the identification of unidentified deceased individuals. For this reason, the science of Forensic Dentistry has been developed, the contribution of which is valuable, especially in cases of criminal acts or mass disasters, where the number of victims is high. Its work is characterized as demanding, in which case the immediate and effective action of specially trained and experienced professionals is necessary. The methods of identification used work with outline the collection, careful examination, radiographic and photographic imaging and recording of post-mortem evidence of teeth and their impressions on the skin alongside the jaws, the lips and the palatal rugae of mucosa in order to be compared with existing ante-mortem and to draw conclusions regarding the racial and age identification of the deceased as well as finding other useful information about him/her. The forensic dentist's contribution to the administration of justice is essential through keeping detailed records of patients and excellent cooperation with local authorities towards a valid and reliable identification process.
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Wirts, Amelia M. „What Does it Mean to Say “The Criminal Justice System is Racist”?“ American Philosophical Quarterly 60, Nr. 4 (01.10.2023): 341–54. http://dx.doi.org/10.5406/21521123.60.4.03.
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Abstract This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist.
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Boss, Barry, und Kara Kapp. „The Importance of a Racially Diverse Sentencing Commission“. Federal Sentencing Reporter 34, Nr. 4 (01.04.2022): 218–20. http://dx.doi.org/10.1525/fsr.2022.34.4.218.
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2022 marks an important year for racial diversity in our criminal justice system. President Biden has just nominated the first black woman, Judge Ketanji Brown Jackson, to serve on the U.S. Supreme Court, and the Senate appears poised to add additional members to the United States Sentencing Commission. The Biden Administration has made clear its commitment to diversity in nominating candidates to the federal bench, the U.S. Attorney’s Office, and the U.S. Marshal Service. We write to explain the profound importance of extending this commitment to the Administration’s nominations to the Sentencing Commission. The Commission has significant influence over the federal judiciary. Each day, the Commission’s published recommendations affect the sentencing decisions made by federal judges, decisions that affect people’s basic freedom, mental and physical health, and physical safety. Meaningful racial and ethnic diversity on the Commission is critical to preserve the public’s faith in the Commission’s recommendations. The racial and ethnic makeup of the Commission matters in part because the predominant groups being sentenced by the federal judges who follow the Commission’s recommendations are people of color. Given that people of color have made up the vast majority of those affected by the Commission’s recommendations in recent years, it is particularly important that the Commission meaningfully reflect the diversity of the groups most affected by its guidance. Meaningful diversity will both positively impact the public’s trust in this body and the substantive recommendations it publishes. Americans deserve a Commission that provides recommendations that are both substantively fair and also carry the appearance of fairness. It is thus critical that the makeup of the Commission reflect the populations most affected by its guidance.
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Cunneen, Chris. „Institutional racism and (in)justice: Australia in the 21st century“. Decolonization of Criminology and Justice 1, Nr. 1 (22.10.2019): 29–51. http://dx.doi.org/10.24135/dcj.v1i1.9.
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This article focusses on systemic and institutionalised racism against Indigenous people as a contemporary feature of the Australian social and penal landscape, and its implications for justice. There has been ongoing concern with institutional racism within the criminal justice system, however, this article concentrates on the intersection between institutional racism in non-criminal justice settings and their compounding effect on criminalization. Despite legal prohibitions on racial discrimination, various forms of institutional racism continue unabated. Indeed, part of the argument is that broader political changes particularly associated with the influence of neoliberalism on social policy have exacerbated the problem of institutional racism and redefined and reinforced the link between welfare and criminalization. Indeed, social welfare has come to be informed by the same values and philosophies as criminal justice: deterrence, surveillance, stigma and graduated sanctions or punishments. How might we understand these broader shifts in the public policy environment, to what extent do they reflect and reproduce institutional racism, and how do they bleed into increased criminalization? I endeavour to answer this question through the consideration of two specific sites of social welfare policy – child protection and social housing – and to consider how systemic and institutional forms of racism play out in daily life for Indigenous people and how they interact with criminal justice.
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Chien, Colleen. „America's Paper Prisons: The Second Chance Gap“. Michigan Law Review, Nr. 119.3 (2020): 519. http://dx.doi.org/10.36644/mlr.119.3.america.
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Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and initiatives. Using administrative and other data, it finds that among a host of petition-based second chance opportunities, to shorten sentences, restore one’s vote, and clear one’s criminal convictions, only a small fraction (less than 10 percent) of those eligible for relief actually received it. Extrapolating based on a novel analysis of around sixty thousand criminal histories of persons primarily seeking gig-economy work and of the expungement laws governing nonconvictions of all fifty states applying the nonconviction expungement laws of all fifty states to around sixty thousand criminal histories of persons primarily seeking gig-economy work, this study estimates that at least twenty to thirty million American adults, or 30–40 percent of those with criminal records, fall into the “second chance expungement gap,” living burdened with criminal records that persist despite appearing to partially or fully clearable under existing law. These findings suggest that tens of millions of Americans are stuck in a paper prison, held back by deficiencies in the administration of second chances that have left them incarcerated, disenfranchised, or burdened by convictions beyond what the law requires. Some of the barriers to relief are structural and related to debt, overburdened bureaucracies, and the contested nature of second chance rules that unwind past judgments and policies. But others are harder to see and stem from administrative failures like unworkable standards, missing and incomplete criminal justice information (“dirty data”), a lack of awareness of second chance opportunities, and costly and complex processes. Fixing them—by moving administrative burdens from the defendant and onto the state and algorithms through automation, standardization, and ruthless iteration—can narrow the gap. Leveraging them, “Clean Slate” initiatives to automatically clear eligible criminal records can have the potential to help the millions of Americans in the second chance expungement gap. However, the ability of such second chance initiatives to improve outcomes depends on how they are implemented. Debt-related barriers and dirty data can contribute to incomplete automation, leading to “second second chance gaps.” In the realm of expungement, application of the expungement criteria to minor but not major offenses can also have the effect of exacerbating, not narrowing, existing racial disparities within the population of people with records, while improving them within the general population. Further research is needed to understand the impact of automated clearance under different scenarios, such as when the defendant is not notified of the relief received or there is a risk of statistical discrimination making things worse, not better. Overall, however, though other hurdles may remain, automation can remove the unfair collateral punishments, not steel bars, holding back tens of millions of Americans.
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Rucker, Julian M., und Jennifer A. Richeson. „Toward an understanding of structural racism: Implications for criminal justice“. Science 374, Nr. 6565 (15.10.2021): 286–90. http://dx.doi.org/10.1126/science.abj7779.
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Racial inequality is a foundational feature of the criminal justice system in the United States. Here we offer a psychological account for how Americans have come to tolerate a system that is so at odds with their professed egalitarian values. We argue that beliefs about the nature of racism—as being solely due to prejudiced individuals rather than structural factors that disadvantage marginalized racial groups—work to uphold racial stratification in the criminal justice system. Although acknowledging structural racism facilitates the perception of and willingness to reduce racial inequality in criminal justice outcomes, many Americans appear willfully ignorant of structural racism in society. We reflect on the role of psychological science in shaping popular understandings of racism and discuss how to contribute more meaningfully to its reduction.
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Ogunmodede, Omotan Olusola. „Procedures for Admitting Confessional Statements under the Evidence Act, 2011, Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States: Inconsistent or Complimentary?“ ABUAD Law Journal 8, Nr. 1 (30.06.2020): 122–38. http://dx.doi.org/10.53982/alj.2020.0801.08-j.
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Confessional statements are very vital in Nigeria’s administration of criminal justice as many convictions are based on confessional statements. The major laws regulating the admissibility of confessional statements in Nigeria are Evidence Act 2011, Administration of Criminal Justice Act 2015 and Administration of Criminal Justice Laws of various States. The provisions of these laws seem to be inconsistent and create confusion on the admissibility of confessional statements. This paper defines and examines confessional statements under the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States. The paper examines various court decisions on the “conflicts” between the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws. The paper finds that the Evidence Act solely determines the admissibility of confessional statements while the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws in conjunction with other evidence determines the weight to be attached to a confessional statement. The paper concludes that the Evidence Act and Administration of Criminal Justice Act 2015/ the Administration of Criminal Justice Law are therefore complementary rather than inconsistent.
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Davis, Angela J., und Michael Tonry. „Benign Neglect of Racism in the Criminal Justice System“. Michigan Law Review 94, Nr. 6 (Mai 1996): 1660. http://dx.doi.org/10.2307/1289965.
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Koen, Raymond. „The Language of Racism and the Criminal Justice System“. South African Journal on Human Rights 11, Nr. 1 (Januar 1995): 102–22. http://dx.doi.org/10.1080/02587203.1995.11827555.
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Джеллисон-Хаунканрин, Джойс Анджела. „RACE, MISTRUST, AND POLICING: THE INTENDED CONSEQUENCES OF LINKING BLACKNESS TO CRIMINALITY“. Rule-of-law state: theory and practice 16, Nr. 4-1 (01.04.2020): 114–21. http://dx.doi.org/10.33184/pravgos-2020.4.11.
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The issues of racialized violence and policing in America are not new phenomena but are a part of the American historical fabric. Purpose: to analyze the problem of institutionalized racism in the criminal justice model. Blacks are overrepresented within the criminal justice organizational model, despite representing a small percentage of the American population. The criminal stereotype of African Americans could contribute to the reason behind why blacks are disproportionately more likely than Whites to be targeted by the police as suspects, interrogated and wrongfully convicted. Policing behaviors across the USA are legally structured to produce institutional entrapments that often disproportionately target and affect black males. The stereotype of a criminal African American has also been associated with racial profiling. The paper describes The Black Lives Matter movement as a societal response to police abuse of coercive power and the fatal interactions of black males and women with police. Methods: the research is carried out on the basis of the methods of analysis and synthesis, generalization, comparison and description. Conclusions: institutionalized racism within the criminal justice system is the cause for the disproportionate arrest rates of African Americans. The restructuring of the policing model and the criminal justice model must be a realignment of values and discontinuation of practices that are fundamentally meant to oppress Blacks in America.
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Sapir, Yoav. „Book Review: From social justice to criminal justice - Poverty and the administration of criminal justice“. Punishment & Society 5, Nr. 1 (Januar 2003): 131–34. http://dx.doi.org/10.1177/146247450300500117.
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Mathur, B. C. „Administration of Justice: Administrative Tribunals and Criminal Justice System“. Indian Journal of Public Administration 45, Nr. 3 (Juli 1999): 501–7. http://dx.doi.org/10.1177/0019556119990320.
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Alobo, Eni E., und John Inaku. „AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM“. International Journal of Engineering Technologies and Management Research 5, Nr. 12 (24.03.2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.
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This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.
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Caldwell, Leon D., und Katrina L. Bledsoe. „Can Social Justice Live in a House of Structural Racism? A Question for the Field of Evaluation“. American Journal of Evaluation 40, Nr. 1 (14.01.2019): 6–18. http://dx.doi.org/10.1177/1098214018815772.
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This article questions whether social justice can live within the structural racism present in the field of evaluation. Structural racism refers to the totality of ways in which societies foster racial discrimination through mutually reinforcing systems of housing, education, employment, earnings, benefits, credit, media, health care, and criminal justice. In order for social justice to be a professional standard of evaluation, the field must recognize, identify, and modify persistent learned behaviors associated with structural racism. We assert that all evaluators, regardless of demographic designation, are subject to perpetuating structural and institutional racism, found in the history and systems of the profession, by tacitly accepting the status quo norms of evaluation practice. Current norms, policies, and practices compromise the normalization of social justice in evaluation. Evaluators sanctioned and reinforced by their professional association, the American Evaluation Association, have the power to modify behaviors of evaluators that perpetuate social injustice in the discipline and field of professional evaluation. We highlight pioneering literature that intellectually protest and position paradigm shifts for equity. We acknowledge the presence of racial and ethnic colleagues, and professional statements about social justice as confrontations to structural racism found in the history and systems of the evaluation field. Finally, we propose a framework for professional behavior modification as a strategy for the extinction of structural racism in evaluation and assert that social justice can only be realized when structural racism is eradicated.
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Bamgbose, Oludayo John. „Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America“. International Journal of Legal Information 46, Nr. 2 (Juli 2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.
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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.
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Daibu, Abdulrazaq Adelodun. „Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya“. Journal of Comparative Law in Africa 10, Nr. 1 (2023): 133–68. http://dx.doi.org/10.47348/jcla/v10/i1a6.
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The Nigerian administration of justice is facing many challenges such as congestion of cases in the courts, delays in the prompt resolution of cases, corruption in the formal justice system, a punitive and retributive approach to crime with little or no room for restitution and reparation of victims of crimes, as well as the adversarial, hostile, and technical nature of litigation. Although the federal government and some states have made efforts in respect of criminal matters by the enactment of the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Laws (ACJL) traditional justice systems can effectively ameliorate these challenges in the resolution of both civil and criminal matters. However, the potential benefits of the effective application and operation of traditional justice systems in Nigeria are hindered by their restriction to civil disputes, the lack of a clear and specific legal and policy framework, scant regard for procedural justice, inadequate or lacking of enforcement mechanisms and a retributive and punitive approach of the criminal justice system. This article analyses the nature of the Nigerian traditional justice systems and their relationship with alternative dispute resolution (ADR) mechanisms to see how ADR could complement the Nigerian administration of justice. The article further examines the challenges of the Nigerian administration of justice and the practice of traditional justice systems in Kenya to draw lessons for Nigeria. The article argues that the reconciliatory and restorative focus of tranditional justice systems could help resolve some of the challenges facing the Nigerian administration of justice. The article suggests legal, policy, and institutional reforms and their integration for effective application in Nigeria.
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Moran, Nathan R. „Book Review: Handbook of Criminal Justice Administration“. Criminal Justice Review 28, Nr. 2 (September 2003): 413–16. http://dx.doi.org/10.1177/073401680302800222.
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Syza, N. P. „ADMINISTRATION OF JUSTICE IN CRIMINAL PROCEEDINGS EXCLUSIVELY BY THE COURTS“. Herald of criminal justice, Nr. 1-2 (2022): 91–99. http://dx.doi.org/10.17721/2413-5372.2022.1-2/91-99.
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The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.
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Stein, Melissa Neal. „Mistaken Assumptions in Addressing Racial Disparities in Behavioral Health Applied to Criminal Justice“. Ethical Human Psychology and Psychiatry 21, Nr. 1 (01.06.2019): 19–30. http://dx.doi.org/10.1891/1559-4343.21.1.19.
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People of color are disproportionately impacted by the criminal justice system. Many jurisdictions attempt to reduce racial disparities; however, they often do not incorporate strategies to effectively address institutional and structural racism. Resulting data reveal no effect or an exacerbating effect on disparities. This commentary attempts to translate three mistaken assumptions from the field of behavioral health, so that they apply to criminal justice system reforms. The mistaken assumptions for criminal justice are that system-wide reform efforts will naturally reduce disparities, current reforms meet the needs of diverse communities, and evidence-based practices have been tested for their impact on diverse groups. These may be countered with the following recommendations: apply critical race theory, respond to communities' needs, and adapt evidence-based practices.
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Catur Sembadani, Putri, und Ade Risna Sari. „The Role of the Black Lives Matter Movement in Responding to the Issue of Racism Against Blacks in the United States“. Journal of Social Interactions and Humanities 1, Nr. 3 (01.12.2022): 205–16. http://dx.doi.org/10.55927/jsih.v1i3.1696.
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This paper aims to describe the role of the Black Lives Matter Movement in dealing with racism that occurred in the United States from 2013-2022. This writing was analyzed using a research method in the form of descriptive qualitative, where the writer tries to describe or provide an overview with existing words and data to answer the phenomenon regarding the issue of racism that occurred in the United States during the Pre and Post Civil Rights Movement period. The results of writing this article indicate that the Black Lives Matter Movement has succeeded in helping to produce several levels of criminal justice policy reform, such as legislative changes in 10 states in the United States. Policies at every level of the criminal justice system need to be looked at to ensure that they are not harmful to one race or over another.
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Abdullahi, Ibrahim. „The Jurisprudence Of The Sokoto State Administration Of Criminal Justice Law 2019: Innovative Provisions, Redlines And Suggestions For Future Reforms“. Advances in Social Sciences Research Journal 7, Nr. 6 (14.06.2020): 1–21. http://dx.doi.org/10.14738/assrj.76.8319.
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This article appraises the jurisprudence, innovative provisions, redlines inherent in the Sokoto State Administration of Criminal Justice Law 2019 and make suggestions for future reforms. Sokoto State is one of States in Nigeria that has domesticated the Administration of Criminal Justice Act 2015 (ACJA 2015) through the signing into law of the Sokoto State Administration of Criminal Justice Law, 2019 by his Excellency, the Executive Governor of Sokoto State, Rt. Hon. Aminu Waziri Tambuwal (Mutawallen Sokoto) to take care of the problems of incessant delay in the criminal justice system. This article uses the doctrinal research methodology in gathering information’s and observes the need to look holistically at the issue of poor draftsmanship while provisions that runs counter to the Constitution should be addressed. The article recommended amongst others that the provisions relating to expeditious legal advice from the office of the Attorney General of Sokoto State and prohibition against lay prosecutions cannot be effective if the manpower at the Ministry of Justice is not improved upon and the welfare of the lawyers at the said Ministry is not taken care of. Barring the above, it is a new dawn for Sokoto State in the administration of Criminal Justice.
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Millar, Paul, und Akwasi Owusu-Bempah. „Whitewashing Criminal Justice in Canada: Preventing Research through Data Suppression“. Canadian journal of law and society 26, Nr. 3 (Dezember 2011): 653–61. http://dx.doi.org/10.3138/cjls.26.3.653.
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Race and racism have long played an important role in Canadian law and continue to do so. However, conducting research on race and criminal justice in Canada is difficult given the lack of readily available data that include information about race. We show that data on the race of victims and accused persons are being suppressed by police organizations in Canada and argue that suppression of race prevents quantitative anti-racism research while not preventing the use of these data by the police for racial profiling. We also argue that when powerful institutions, such as the police, have knowledge that they keep secret or refuse to discover, it serves the interests of those institutions at the expense of the public. Fears that reporting of racial data will result in racial profiling or the stigmatization of racialized communities are not assuaged by the repression of this information. Stigmatization may still occur, and racial profiling can continue to happen, but without public knowledge. Quantitative anti-racist research requires consistent, institutionalized reporting of race data through all aspects of Canadian justice. We outline what data are available, what data are needed, and where consistency is lacking. It is argued that institutional preferences for white-washed data, with race and ethnicity removed, should be subrogated to transparency.
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Alsultany, Evelyn. „How Hate Crime Laws Perpetuate Anti-Muslim Racism“. Meridians 20, Nr. 2 (01.10.2021): 414–42. http://dx.doi.org/10.1215/15366936-9547954.
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Abstract This essay focuses on two cases in which Muslim youth were murdered yet law enforcement refused to classify the murders as hate crimes. It examines the 2015 murders of Deah Barakat, Yusor Abu-Salha, and Razan Abu-Salha in Chapel Hill, North Carolina and the 2017 murder of Nabra Hassanen in Reston, Virginia. This author argues that the denial of these cases as hate crimes contributes to the diminishment of anti-Muslim racism and should be understood as a form of racial gaslighting—a systematic denial of the persistence and severity of racism. In conversation with those advocating for rethinking the criminal justice system through prison abolition and restorative justice, it posits that seeking state recognition for hate crimes cannot provide justice given that the state is responsible for constructing Muslims as a national security threat. It explores how anti-Muslim racism is upheld through extremely narrow and problematic definitions of racism and hate crimes, through an approach to hate crimes that prioritizes punishment over civil rights, and through creating a dilemma for Muslim communities who must seek recognition of anti-Muslim racism from the same state that enacts surveillance and violence on them.
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Trott, Stephen S. „Implementing Criminal Justice Reform“. Public Administration Review 45 (November 1985): 795. http://dx.doi.org/10.2307/3135038.
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Fekete, Liz. „Lammy Review: without racial justice, can there be trust?“ Race & Class 59, Nr. 3 (09.11.2017): 75–79. http://dx.doi.org/10.1177/0306396817742074.
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The author takes issue with the fact that a UK government review, under David Lammy MP (the Lammy Review), into the experiences of people of Black, Asian and Minority Ethnic backgrounds of the criminal justice system, though finding clear disproportionality, avoids all mention of institutional racism – a key finding in the 1999 Macpherson Report – preferring instead to concentrate on ‘bias’. Its recommendations for changes within the system will not bring about the necessary Black, Asian and Minority Ethnic trust, unless the larger structures and processes which cause inequity are addressed. See also Lee Bridges, ‘Lammy Review: will it change outcomes in the criminal justice system?’ ( Race & Class, doi. 10.1177/0306396817742075).
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Gee, Gilbert C., und Margaret T. Hicken. „Structural Racism: The Rules and Relations of Inequity“. Ethnicity & Disease 31, Suppl (20.05.2021): 293–300. http://dx.doi.org/10.18865/ed.31.s1.293.
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Why do racial inequalities endure despite numerous attempts to expand civil rights in certain sectors? A major reason for this endurance is due to lack of attention to structural racism. Although structural and institutional racism are often conflated, they are not the same. Herein, we provide an analogy of a “bucky ball” (Buckminsterfullerene) to distinguish the two concepts. Structural racism is a system of interconnected institutions that operate with a set of racialized rules that maintain White supremacy. These connections and rules allow racism to reinvent itself into new forms and persist, despite civil rights interventions directed at specific institutions. To illustrate these ideas, we provide examples from the fields of environmental justice, criminal justice, and medicine. Racial inequities in power and health will persist until we redirect our gaze away from specific institutions (and specific individuals), and instead focus on the resilient connections among institutions and their racialized rules.Ethn Dis. 2021;31(Suppl 1):293-300; doi:10.18865/ed.31.S1.293
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O’Mahony, David. „Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland“. International Criminal Law Review 12, Nr. 3 (2012): 549–72. http://dx.doi.org/10.1163/157181212x650001.
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This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.
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Spigelman, JJ. „Public Confidence in the Administration of Criminal Justice“. Current Issues in Criminal Justice 19, Nr. 2 (November 2007): 219–23. http://dx.doi.org/10.1080/10345329.2007.12036428.
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HOFFMANN, JOSEPH L., und LAUREN K. ROBEL. „Federal Court Supervision of State Criminal Justice Administration“. ANNALS of the American Academy of Political and Social Science 543, Nr. 1 (Januar 1996): 154–66. http://dx.doi.org/10.1177/0002716296543001014.
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Vukor-Quarshie, G. N. K. „Criminal Justice Administration in Nigeria:Saro-Wiwa in review“. Criminal Law Forum 8, Nr. 1 (Februar 1997): 87–110. http://dx.doi.org/10.1007/bf02699801.
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Vukor-Quarshie, G. N. K. „Criminal justice administration in Nigeria:Saro-Wiwa in review“. Criminal Law Forum 8, Nr. 3 (Oktober 1997): 87–110. http://dx.doi.org/10.1007/bf02677803.
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CHANG, DAE H. „Administration of Criminal Justice and Universal Human Rights“. International Journal of Comparative and Applied Criminal Justice 15, Nr. 1-2 (Januar 1991): i—xiii. http://dx.doi.org/10.1080/01924036.1991.9688950.
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Dyke, Andrew. „Electoral cycles in the administration of criminal justice“. Public Choice 133, Nr. 3-4 (25.07.2007): 417–37. http://dx.doi.org/10.1007/s11127-007-9197-2.
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Omachi, Mary Jennifer, und Anthony Abakpa Sule. „The Administration of Criminal Justice Act, 2015: Pathway to a Reformed Criminal Justice System in Nigeria“. ABUAD Law Journal 7, Nr. 1 (2019): 130–52. http://dx.doi.org/10.53982/alj.2019.0701.06-j.
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Since the laws regulating crime touch upon the important areas of social life, legal systems have continued to imbibe best practises to regulate crimes within their jurisdictions in order to encourage development and ensure progress. Thus, a good criminal justice system ensures that effective laws are put in place to fit growing societal demands which are never static. Nigeria, in regulating criminal proceedings, had relied on obsolete laws existing since the colonial and post-colonial eras to 2015 when the Administration of Criminal Justice Act was enacted to fit the growing demands of the Nigerian society. This research uses the doctrinal method to appraise certain innovations of the Act and show how they can reform the criminal justice system in the country to align with best practices around the world. Even though the enactment of the Act is a welcome development, its application is limited only to federal courts (except a court martial) and courts within the Federal Capital Territory, Abuja. Whereas the laudable innovative provisions are highly commendable they can only be effectively applied if they are well implemented. Hence the need for government to effectively fund the criminal justice sector with appropriate manpower, resources and structures and the need for all the states within the country to enact their own Administration of Criminal Justice Laws to apply uniformly in the country.