To see the other types of publications on this topic, follow the link: Criminal justice, Administration of – Scotland – History.
Journal articles on the topic 'Criminal justice, Administration of – Scotland – History'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Criminal justice, Administration of – Scotland – History.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Levack, Brian P. "The Prosecution of Sexual Crimes in Early Eighteenth-Century Scotland." Scottish Historical Review 89, no. 2 (October 2010): 172–93. http://dx.doi.org/10.3366/shr.2010.0204.
Full textAbstract:
A session of the north circuit held at Perth on 20 May 1709 marked a turning point in the prosecution of sexual crimes in Scotland and a significant change in the administration of Scottish criminal justice. By pardoning more than 300 men and women charged with fornication and adultery, the court brought about the de facto decriminalisation of those crimes in the Scottish secular courts. An incest trial held before the court the same day revealed difficulties in the prosecution of this crime and challenged prevailing male and clerical attitudes towards rape. The proceedings of the court also demonstrated the growing reluctance of Scottish advocates to appeal to biblical authority in criminal prosecutions. The legal developments at Perth were made possible by a bill of indemnity passed by the British parliament in 1708, the abolition of the Scottish privy council in the same year, and the establishment of a comprehensive circuit court system in Scotland.
2
Donaldson, Anni. "Working patriarchies? Police and criminal justice responses to domestic abuse in Scotland 1960–1990." Kriminologijos studijos 9 (June 14, 2022): 47–76. http://dx.doi.org/10.15388/crimlithuan.2021.9.2.
Full textAbstract:
Post-war Scotland remained a deeply patriarchal country. Domestic abuse was common yet widely under-reported by the women it affected. This article argues that police and criminal justice agencies in Scotland 1960–1990 were ‘working patriarchies’ which created significant barriers to reporting. Oral history narratives from domestic abuse survivors, police and criminal justice professionals reveal deeply patriarchal workplaces and practices designed to maintain longstanding traditions of the patriarchal family. These inhibited reporting, denied women access to safety and justice in private life and contributed to women’s continuing inequality in post-war Scottish society.
3
Smith, Bruce P. "English Criminal Justice Administration, 1650–1850: A Historiographic Essay." Law and History Review 25, no. 3 (2007): 593–634. http://dx.doi.org/10.1017/s0738248000004284.
Full textAbstract:
In his inaugural lecture as Downing Professor of the Laws of England at the University of Cambridge, delivered in October 1888, Frederic Maitland offered a set of provocative and now familiar reflections on “Why the history of English law is not written.” According to Maitland, although English archives possessed “a series of records which for continuity, catholicity, minute detail[,] and authoritative value” had “no equal…in the world,” the “unmanageable bulk” of these sources had “overburdened” aspiring historians of English law. As a result, “large provinces” of English legal history remained to be “reclaimed from the waste.” With few willing to undertake such reclamation efforts, the historiography of English law remained as bleak and barren as the bogs from which Maitland's Cambridgeshire had itself only reluctantly emerged.
4
Pesskin, Annie. "An interview with an inspiring lawyer who is pursuing “smart justice”." International Journal of Forensic Psychotherapy 4, no. 1 (July 25, 2022): 52–58. http://dx.doi.org/10.33212/ijfp.v4n1.2022.52.
Full textAbstract:
This interview describes the hard work of a criminal lawyer, Iain Smith, working in Glasgow, Scotland who has been campaigning to make sure that offenders who have a history of adverse childhood experiences (ACEs) are given “smart justice” rather than ineffective and often punitive sentences by judges which lead to recividism and ruined lives.
5
Constant, Frédéric. "Thinking With Models: The Construction of Legal Cases as Reflected in Late Qing Local Archives." T’oung Pao 107, no. 3-4 (September 8, 2021): 417–73. http://dx.doi.org/10.1163/15685322-10703012.
Full textAbstract:
Abstract In current scholarship, late imperial China’s criminal justice is mainly studied through judicial documents reviewed by the central administration, first and foremost the xingke tiben 刑科題本, or copies of routine memorials made by the censorial section of the Board of Punishments, as well as memorandum (shuotie 說帖) recorded in collections of cases. In this article, by contrast, I analyze a sample of more than forty dossiers on criminal cases constituted at the county level, for which the final judgment approved by the central administration is known. The reconstitution of the whole adjudication process shows that local magistrates often adapted the facts to fit the extant legal categories and commonly relied on model cases to craft their decisions. This pattern of administration of justice did not necessarily entail a miscarriage of justice and has its origin in a form of legal reasoning framed by the bureaucratic organization of late imperial Chinese justice.
6
Butler, Sara M., and Anthony Musson. "Public Order and Law Enforcement: The Local Administration of Criminal Justice, 1294-1350." American Journal of Legal History 41, no. 4 (October 1997): 509. http://dx.doi.org/10.2307/846111.
Full text
7
Dimitriou, Yanna, Eleni Socratus, and Emmanuil Drakakis. "The Corfu Criminal Court Archive: Recording, Impressing and Studying the Phenomenon of Violence and Justice in the Ionian State (1815-1864)." Moderna arhivistika 4, no. 1 (November 30, 2021): 51–65. http://dx.doi.org/10.54356/ma/2021/asxq4654.
Full textAbstract:
This article examines the encounters of the Ionian people with criminal justice system during the period from 1815 to 1864, when the Ionian Islands were a British protectorate. Drawing on data from cases of the Criminal Court Archives of Corfu for the first time, it argues that criminality mostly concerned the lower social classes and was not very common. Using violence as a lens, the paper primarily focuses on Corfu’s criminal justice system and offers quantitative and qualitative evidence on which further comparative studies of the history of law and crime in Greece and Europe at that time may be based.
8
McPherson, Rachel. "Diminished Responsibility Post Codification: Lost Opportunities, Tensions and Gendered Applications." Edinburgh Law Review 25, no. 2 (May 2021): 173–91. http://dx.doi.org/10.3366/elr.2021.0693.
Full textAbstract:
Following from the Scottish Law Commission's Report on Insanity and Diminished Responsibility, the Criminal Justice and Licensing (Scotland) Act 2010 codified the plea of diminished responsibility. Part of the justification for this codification arose from the need to clarify the rule in relation to drugs and alcohol. With this change there existed scope to develop the plea in a way which appreciated the complex interplay between mental conditions and intoxication- something which was absent under common law. At a time when mental health law is under review in Scotland, this paper seeks to examine the landscape of diminished responsibility, asking whether s51B is able to properly appreciate the realities of offending and whether it is applied to all accused fairly and consistently.
9
Barrie, David G. "Anglicization and Autonomy: Scottish Policing, Governance and the State, 1833 to 1885." Law and History Review 30, no. 2 (April 26, 2012): 449–94. http://dx.doi.org/10.1017/s0738248011000939.
Full textAbstract:
As with other pillars of the Scottish criminal justice system, the distinctiveness of the Scottish police model from its English counterpart has been widely acknowledged. Its historical development, institutional structure, and level of community support have been portrayed as unique in the United Kingdom. Although rarely heralded as a symbol of national identity in the same way as the Church of Scotland or the legal system, the Scottish police's distinctive customs, traits, and practices have been held up in some studies as a badge of national pride. Often this is for no significant reason other than the fact that police reform in Scotland predated similar developments in England. Municipal police administration has also been depicted as an important symbol of the self-governing nature of Scottish civil society, conferring upon local authorities a wide range of autonomous powers and strengthening their bargaining position with central government in Westminster in London.
10
Jaffe, James. "The Indian Panchayat, Access to Knowledge and Criminal Prosecutions in Colonial Bombay, 1827–61." Law and History Review 38, no. 1 (February 2020): 47–74. http://dx.doi.org/10.1017/s0738248019000567.
Full textAbstract:
Throughout the mofussil of the Bombay Presidency British judges and magistrates called upon panchayats, that is, caste or village councils, to help them administer justice. By the mid-nineteenth century, panchayats were being deployed by British justices not only to offer their advice to judges attempting to decide a case, but much more frequently to investigate crimes, including murder, assault, robbery, arson, forgery, rape, and property disputes. Moreover, the active participation of the panchayat in the administration of criminal law varied as much in form as in function. In different scenarios, the panchayat functioned as a coroner's court, a criminal investigation team, and a general witnessing agent for the courts. With very few exceptions, they almost always appear in a supporting role on the prosecution side of any case offering their opinions on the crime in question in written form. Judges, for their part, appear to have relied quite heavily upon these recommendations and there are very few instances in which the panchayat's opinions were either ignored or rejected. There thus developed a hybrid system of justice whereby judges and magistrates adapted, transformed, and incorporated the expertise and knowledge of the ‘customary’ panchayat to suit the needs of British governance and legal administration.
11
Georgievskiy, E. V., and R. V. Kravtsov. "Crimes against justice in the soviet criminal law." Siberian Law Herald 4 (2021): 98–103. http://dx.doi.org/10.26516/2071-8136.2021.4.98.
Full textAbstract:
The article analyzes the Soviet criminal laws containing criminal attacks against justice. Starting with the Decrees of the Council of People’s Commissars and ending with criminal codes, the Soviet legislator is trying to create a system of crimes that violate the interests of justice. The doctrinal views of scientists on the essence and types of various criminal manifestations that encroach on the foundations of judicial and public power in the Soviet state are presented. The research methodology was made up of specific historical and comparative (comparative legal) approaches to the legal nature of the institution of crimes against justice. The basis for the formation of conclusions is a general inductive method, which allows from private (casuistic) legislative fragments to come closer to the general principles of legislative registration of the protection of the interests of justice. In the course of the study, a number of theoretical propositions were identified and systematized. Particular attention is paid to the 1960 Criminal Code of the RSFSR, in which, for the first time in the history of Russian criminal legislation, all crimes against justice were collected together in one chapter and systematized. The authors suggested that a kind of “inertia of legislation” in the issue of legislative regulation of crimes against justice in the first years of Soviet power is explained by the general approach to judicial and public power as a faceless part of the mechanism of state administration. And only over the years does a fundamentally different approach to the protection of public relations in the sphere of justice begin to take shape.
12
Sihag, Balbir S. "Kautilya on Administration of Justice During the Fourth Century B.C." Journal of the History of Economic Thought 29, no. 3 (September 2007): 359–77. http://dx.doi.org/10.1080/10427710701514760.
Full textAbstract:
Vishnugupta Chanakya Kautilya wrote a treatise called The Arthashastra, which means “science of wealth.” It contains three parts, which deal with issues related to economic development, administration of justice, and foreign relations. It has 150 chapters, which are distributed into fifteen books. Book three, which has twenty chapters and book four, which has thirteen chapters, are devoted to the administration of justice. Kautilya's Judicial System called “Dandaniti,” “the science of law enforcement” is an important part of The Arthashastra. Kautilya codified, modified, and created new laws related to: loans, deposits, pledges, mortgages etc., sale and purchase of property, inheritance and partition of ancestral property, labor contracts, partnership, defamation and assault, theft and violent robbery, and sexual offenses. He dealt with law and justice issues relating to both the civil law and the criminal law. He offered a truly comprehensive system of justice, which not only incorporated all the salient elements of a twenty-first century system but also contained a few additional invaluable insights.
13
Innes, Joanna, and John Styles. "The Crime Wave: Recent Writing on Crime and Criminal Justice in Eighteenth-Century England." Journal of British Studies 25, no. 4 (October 1986): 380–435. http://dx.doi.org/10.1086/385872.
Full textAbstract:
One of the most exciting and influential areas of research in eighteenth-century history over the last fifteen years has been the study of crime and the criminal law. It is the purpose of this essay to map the subject for the interested nonspecialist: to ask why historians have chosen to study it, to explain how they have come to approach it in particular ways, to describe something of what they have found, to evaluate those findings, and to suggest fruitful directions for further research. Like all maps, the one presented here is selective. The essay begins with a general analysis of the ways in which the field has developed and changed in its short life. It then proceeds to consider in more detail four areas of study: criminality, the criminal trial, punishment, and criminal legislation. This selection makes no pretense of providing an exhaustive coverage. A number of important areas have been omitted: for example, public order and policing. However, the areas covered illustrate the range of approaches, problems, and possibilities that lie within the field. The essay concludes with a discussion of the broader implications of the subject.The Development of the FieldBefore the 1960s crime was not treated seriously by eighteenth-century historians. Accounts of crime and the criminal law rarely extended beyond a few brief remarks on lawlessness, the Bloody Code, and the state of the prisons, often culled from Fielding, Hogarth, and Howard. There were exceptions, but they fell outside the mainstream of eighteenth-century history. The multiple volumes of Leon Radzinowicz's monumental History of the English Criminal Law and Its Administration from 1750 began to appear in 1948, but Radzinowicz worked in the Cambridge Law Faculty and the Institute of Criminology, and, as Derek Beales has pointed out, his findings were not quickly assimilated by historians.
14
Orlov, Y. V., and L. V. Dundych. "Criminological principles of transitional justice for Ukraine: zones of criminogenic risks." Law and Safety 84, no. 1 (March 24, 2022): 124–32. http://dx.doi.org/10.32631/pb.2022.1.13.
Full textAbstract:
The criminological bases of the concept of transitional justice for Ukraine in the part of the description are formulated, the most dangerous criminogenic risks of its realization are found out. It is proposed to distinguish two zones of such risks, which are manifested in the field of existential semantic dilemmas of transitional justice and conditions of legal singularity.Such dilemmas of transitional justice as “truth vs justice”, “justice vs reconciliation” and “reconciliation vs truth” are described. The first is that the desire for just retribution for the suffering caused by the conflict and the existence of fear are contrary to plural rationality, the comprehensiveness of truth. This dilemma is a typical manifestation of binary opposition, which makes it impossible to think and practice in the format of nonlinearity of the history, socio-temporal multidimensionality in a single chronotope of pre-conflict and conflict events.The dilemma of “justice vs. reconciliation” expresses the target and instrumental conflict between retributive and restorative justice, the moral and legal request of the parties to the fair criminal prosecution of offenders and amnesty as a factor in reducing public transit intolerance by those involved in the conflict.The dilemma of “reconciliation vs. truth” is one of the manifestations of competing victimhood, as well as a consequence of metaphysical multiplicity of ontological simultaneous stay of the parties to the conflict in different socio-temporal modes: excellent narrative, discursive symbolic systems of thought, practice.If the internal dimension of social conflict is maintained by foreign policy agents, an energy-charged social mythology, fueled by propaganda, collective commemorative practices, and postmemory mechanisms, becomes an obstacle to the substantive synchronization of time modes.The connection between the shortcomings of the transitional justice components and hate crimes, the delegitimization of state and municipal authorities has been proved. Accent has been placed on the criminogenic significance of competing victimhood, the mythology of postmemory, the desynchronized elements of criminal justice and criminological policy. Emphasis has been placed on the criminogenic significance of shortcomings in approaches to restoring criminal justice mechanisms in the occupied territories, mutual exclusion of jurisdictions of the sovereign Ukrainian state and quasi-law enforcement, quasi-judicial bodies of the occupation administration, which creates obstacles for the conflict-free performance of tasks related to the further treatment of persons “convicted” by the bodies of the occupation administration for committing general criminal offenses under the Criminal Code of Ukraine. Similar criminogenic risks are formed within the legal regulation of relations on: a) recognition / non-recognition of quasi-legal facts in the field of registration of civil status, quasi-transactions with property that do not violate the rights and freedoms of citizens of Ukraine, i.e. are not socially dangerous or harmful, etc.; b) the legally significant status of special subjects of criminal offenses to ensure the possibility of bringing them to justice under the articles of the Criminal Code of Ukraine on crimes committed by such subjects in the temporarily occupied territories.
15
Passarella, Claudia. "The juries’ wisdom in the administration of criminal justice: Irish jurisdiction and the Italian justice system in the late nineteenth and early twentieth centuries." Comparative Legal History 7, no. 2 (July 3, 2019): 157–85. http://dx.doi.org/10.1080/2049677x.2019.1682329.
Full text
16
Ekirch, A. Roger. "The Transportation of Scottish Criminals to America during the Eighteenth Century." Journal of British Studies 24, no. 3 (July 1985): 366–74. http://dx.doi.org/10.1086/385840.
Full textAbstract:
In the last few years there has been a growth of interest in the history of crime and law enforcement in early modern Scotland. Recent studies by Stephen Davies, Bruce Lenman, and Geoffrey Parker have described the intricate operation of the country's criminal justice system. Relatively little attention, however, has been paid to the role played by transportation. During the eighteenth century, banishing criminals to the American colonies became the most common punishment employed by higher courts. By providing a merciful alternative to the death penalty without putting the public at serious risk, transportation carried enormous appeal. An attorney in Edinburgh commented, “In many cases it is absolutely necessary for the safety of the state, and the good order of society, that the country should be rid of certain criminals.” This article seeks to explore the nature of Scottish transportation, from its growing popularity in the early 1700s to its demise in 1775, a result of the American Revolution. Questions basic to an understanding of this punishment and its operation remain unanswered. How often was it utilized by courts? How many offenders were exiled during the century? What sorts of crimes had they committed? By what means were they transported to America? How did Scottish procedure differ from the system employed in England? Answers to these questions, besides shedding new light on the internal mechanics of transportation, should open a valuable window onto the Scottish criminal justice system.
17
McGowen, Randall. "A Powerful Sympathy: Terror, the Prison, and Humanitarian Reform in Early Nineteenth-Century Britain." Journal of British Studies 25, no. 3 (January 1986): 312–34. http://dx.doi.org/10.1086/385867.
Full textAbstract:
It is felt that men are henceforth to be held together by new ties, and separated by new barriere; for the ancient bonds will now no longer unite, nor the ancient boundaries confine. [J. S. Mill, “The Spirit of the Age” (1831)]I“The punishment of death shocks every mind to which it is vividly presented,” wrote Edward Gibbon Wakefield in 1832. It “overturns the most settled notions of right and wrong.” H. G. Bennet announced in Parliament in 1820 that he thought an execution “weakened the moral taste or sensibility of the people.” Such high-minded but platitudinous phrases frequently recurred in the early nineteenth-century debate over the criminal law, though historians have had a difficult time knowing what to make of them. Yet for all their vagueness such expressions do reveal a sensibility whose outline we can trace and whose influence we can measure. In drawing a connection between feeling and morality Wakefield appealed to social assumptions and values that were popular among humanitarians. Criminal law reformers proposed a new and exacting standard for the administration of justice: “Punishment,” argued James Scarlett, “ought to be consonant to the feelings and sympathies of mankind; and … those feelings ought to be enlisted on the side of the administration of justice.” They argued that the heavy reliance on the death penalty was a mistaken policy. The gallows aroused dangerous passions that signaled the existence of intractable social antagonism. They opposed such a spectacle with reforms that aimed at the promotion of a social union founded on shared feeling.
18
GOCKING, ROGER. "THE ADJUDICATION OF HOMICIDE IN COLONIAL GHANA: THE IMPACT OF THE KNOWLES MURDER CASE." Journal of African History 52, no. 1 (March 2011): 85–104. http://dx.doi.org/10.1017/s0021853711000089.
Full textAbstract:
ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.
19
Lysova, Alexandra, and Helmut Kury. "Obstacles to the Development of Restorative Justice: a Comparative Analysis of Russia, Canada and Germany." Всероссийский криминологический журнал 12, no. 6 (December 28, 2018): 806–16. http://dx.doi.org/10.17150/2500-4255.2018.12(6).806-816.
Full textAbstract:
Restorative justice (RJ), which is a concept of criminal justice focused on the needs of victims and the community affected by the criminal act rather than on the punishment of the offender, is becoming an integral part of criminal justice in many developed Western countries. Russia, however, is just taking the first steps in the development of restorative justice with the focus on mediation for juvenile delinquents. Using the theory of the (de)civilization process by N. Elias, the authors suggest that a weak state, characterized not so much by inefficient economy as by underdeveloped social institutes, could be an obstacle for a more active use of RJ in Russia. Specifically, the authors claim that corruption undermining the legitimacy of public administration, a lack of trust in law enforcement, suppression of small business and hatred towards some groups of people all strengthen punitive sentiments that contradict the principles of RJ. A comparative criminological analysis of RJ in Canada and Germany reveals the unique history of its emergence and use in these countries in comparison with Russia. As for Germany, the moments of de-civilization in this country in the first half of the 20th century and in the recent years (connected with the uncontrolled influx of migrants) are slowing down the development of RJ. The absence of any significant social upheavals in Canada could explain a strong support for RJ among the local population and a comparatively successful integration of its principles in traditional Canadian criminal justice. In conclusion, the authors debunk some myths regarding RJ, which could constrain its implementation in these countries. In particular, the authors argue, that the traditional paradigm of punishment should not be abolished, but could be supplemented by the paradigm of reconciliation and restoration.
20
Kuznetsov, V., and M. Syiploki. "New prospects for the development of electronic justice in sentencing." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 149–55. http://dx.doi.org/10.24144/2307-3322.2022.72.57.
Full textAbstract:
It is stated in the article that today Ukraine has received the status of a candidate for EU membership with the requirement, in particular, strengthening of anti-corruption and continuation of judicial reform. These challenges for national security are foreseen in the Strategy for the Development of the Justice System and Constitutional Judiciary for 2021–2023 (approved by the Decree of the President of Ukraine dated June 11, 2021 No. 231/2021). Separate measures to solve the specified problems are defined, in particular, the development of electronic justice taking into account world standards in the sphere of information technologies. It has been established that such measures mostly solve the issue of communication and access to justice, but the fairly promising issue of using information technology in the administration of justice remains neglected. The subject of our research is the issue of the introduction of electronic justice through the use of cybernetic methods by judges when imposing punishment. It has been established that the issue of the use of cybernetic methods by judges in sentencing is almost not investigated in Ukraine today and does not find appropriate implementation in conceptual documents on reforming the justice system.
The analysis of the world experience of information technologies’ introduction makes it possible to draw a conclusion about its use in solving various legal issues: the detection and investigation of crimes, the expansion of communication between citizens and judicial authorities, the legal assessment of actions, etc.
It is concluded that the formation of modern legislation based on the principles of wide application of judicial discretion is a “genetic” feature in the history of the former USSR republics legislation development. It is noted that the insufficient definition of criminal legal norms, the ambiguity of some terms, the variability of the punishment, the absence of detailed and clear rules for the imposition of punishment in the law significantly complicate the law enforcement process. All this leads to differences in judicial practice, to judicial errors, manifestations of corruption and, as a result, to a decrease in the authority of the judiciary.
The analysis of the criminal law doctrine provisions proved that the idea of formalizing the appointment of criminal punishment did not receive proper development, although it was considered in the works of individual authors. Two directions of cybernetic methods using in the programming of the sentencing process have been identified: full and partial. It is concluded that the study of H. Alikperov “Electronic Scales of Justice”, which is based on the matrix of punishment and algorithms of its individualization, is promising for borrowing when creating new criminal legislation and reforming justice.
The conducted research makes it possible to draw the following conclusions: the issue of automating judicial decision-making in modern conditions of digitization, reforming the judicial system and finding new effective means of combating corruption in the administration of justice in Ukraine requires a new understanding and possible reception for implementation in law enforcement activities; informational progress cannot be left without proper control by the state and must not violate human rights and freedoms; the use of cybernetic methods of formalizing punishment is impossible without stable criminal legislation and fair sanctions of prohibitive criminal legal norms that correspond to the public danger of the offense; conceptual documents regarding the development of the justice system should take into account the possibilities of using modern technologies not only to expand communication between subjects, access to justice, but also the use of information technologies specifically in the implementation of justice.
21
Lemieux, Ashley J., Marichelle C. Leclair, Laurence Roy, Tonia L. Nicholls, and Anne G. Crocker. "A Typology of Lifetime Criminal Justice Involvement Among Homeless Individuals With Mental Illness: Identifying Needs to Better Target Intervention." Criminal Justice and Behavior 47, no. 7 (February 1, 2020): 790–807. http://dx.doi.org/10.1177/0093854819900305.
Full textAbstract:
This study aimed to characterize lifetime criminal involvement among homeless people with mental illness in Canada ( N = 1,682). A latent profile analysis yielded five classes. Most participants fell within the Fewer Needs (75.5%) group, characterized by less complex psychosocial histories and few criminal charges. Participants with Extensive Criminogenic Needs (5.0%) and Acute and Extensive Criminogenic Needs (5.0%) had more charges for justice administration, violent, and mischief/public order offenses and were more likely to have been charged before their first homelessness episode. Participants with Needs Associated with Homelessness (10.6%) and Needs Associated with Drugs (3.8%) were similar, although the former had the longest history of homelessness and the latter had more drug-related charges and were most likely to have drug use disorder. This typology, which sheds light on the cumulative needs associated with different patterns of lifetime criminal involvement among homeless people with mental illness, could guide prevention initiatives and intervention strategies.
22
Shkarevsky, D. N. "The Features of the Formation of the Camp Justice of the USSR (1944–1959)." Modern History of Russia 12, no. 3 (2022): 687–97. http://dx.doi.org/10.21638/11701/spbu24.2022.310.
Full textAbstract:
In modern historiography, much less attention has been paid to problems of the development of bodies of the camp (penitentiary) justice, than to activities of places of detention. Meanwhile, camp courts belonged to bodies of special justice along with military tribunals and were an important element of the state mechanism. This research identifies the main stages of the formation of the camp justice bodies and determines the features of their functioning. The article defines the structure and number of camp ships, as well as elements of mechanism of their organization. For the first time, the main stages in the development of bodies of camp justice are highlighted: 1944–1948 (the formation of this system), 1949–1952 (relatively stable existence), and 1953– 1959 (period of sharp reduction and elimination). Plans to reform the system of camp courts are discussed. The initiator of the creation of the system of camp courts was the leadership of the USSR Ministry of Internal Affairs. Among the organizational features of the functioning of these bodies, the asymmetric nature of the system of the bodies of the camp justice is named for the first time. Along with the camp (penitentiary) courts, military tribunals of the NKVD/MVD troops continued to operate, and special camp courts with wider jurisdiction operated in the structure of special buildings, which considered not only criminal, but also civil cases. The peculiarities of the functioning of these bodies include: a weak material and technical base, the struggle of clans in the leadership of justice, a high level of conflict in the system of camp justice, and the minor role of lawyers in the process and their dependence on the camp administration and the court.
23
Knoll, Vilém, and Tomáš Pezl. "Continuity and Discontinuity of Czechoslovak Interwar Law. Basic Introduction of the Topic with an Example of Criminal Law." Krakowskie Studia z Historii Państwa i Prawa 15, no. 2 (June 30, 2022): 179–201. http://dx.doi.org/10.4467/20844131ks.22.013.15716.
Full textAbstract:
The paper deals with the development of law in Czechoslovakia from its inception to the existence of the so-called First Republic, focusing in particular on the development of criminal law. The primary question addressed in the paper is whether there is legal continuity with the previous Austro-Hungarian legal system. Given that there were several legal orders in force in the aftermath of the establishment of Czechoslovakia, the next necessary question is how this situation was addressed. The paper presents examples from selected areas of criminal law, such as juvenile justice, national security laws, or military criminal norms, and intends to document the main legislative trends, namely the introduction of completely new legal regulations, the adoption of the original Austrian regulation and its nationwide application, or, last but not least, the adoption of both Austrian and Hungarian regulations with their simultaneous application. The codification attempts in the Criminal Code, which were not completed in the relevant period, have not been overlooked.
24
Landers, Jane G. "Female Conflict and Its Resolution in Eighteenth-Century St. Augustine." Americas 54, no. 4 (April 1998): 557–74. http://dx.doi.org/10.2307/1007775.
Full textAbstract:
Historian Charles Cutter has analyzed the “non-adversarial nature” of the Spanish legal culture and the manner in which Spanish authorities deployed written law (ley), customary law (derecho), and personal discretion (arbitrio judicial) effectively to achieve justice (equidad), even in peripheral areas of the empire. The primary objective of judicial administration was the resolution of conflict and restoration of harmony within the Spanish community. This paper uses civil and criminal records from second Spanish period Florida (1784-1821) to explore the gendered nature of Spanish legal culture by examining conflict between women and its resolution, as well as the ways in which the community and the court attempted to monitor and correct the “disruptive” behavior of women.
25
Bastarreche, Tomás. "POPULATION CRITERIA AND BUDGETARY DETERRANT: DETERMINING FACTORS IN THE QUALITY OF THE SPANISH CRIMINAL JUSTICE SYSTEM." RDUno: Revista do Programa de Pós-Graduação em Direito da Unochapecó 3, no. 4 (April 20, 2021): 84–108. http://dx.doi.org/10.46699/rduno.v3i4.5765.
Full textAbstract:
What is the quality of justice? As Melcarne and Ramello (2019) have recently pointed out, there is no clear interaction between quality and quantity in understanding or measuring judicial performance. However, the lack of human resources is often blamed for delays in the delivery of decisions (quantity) in most judicial systems - and could in fact mean a violation of the principle of due process. However, the study shows how difficult it is to assess quality, since even quantity (in fact calculable) cannot always be a trustful variable to measure it. In Spain, it is possible to assume that penal judges work more or less the same. Yet, not all judgments have the same quality. The problem is in the District Courts (some of insufficient size) with provincial criminal jurisdiction. They constantly run the risk - and do so - of breaching the principle of judicial impartiality. This does not happen in the Spanish Supreme Court or in the large District Courts. It is a problem in the judicial performance of justice and in the Administration of Justice. Yet, there are no budgetary or even regulatory stimuli to resolve this situation. A situation that implies a breach of the principles of due process and therefore of the fundamental rights of the accused.
26
Effron, Judge Andrew S., and Jonathan J. Wroblewski. "Congress Reforms Military Sentencing, Creating an Opportunity for a Productive Sentencing Reform Dialogue Between the Military and Civilian Criminal Justice Systems." Federal Sentencing Reporter 35, no. 1 (October 1, 2022): 73–85. http://dx.doi.org/10.1525/fsr.2022.35.1.73.
Full textAbstract:
In recently-enacted legislation, Congress drew upon the 35-year experience with sentencing reform in the federal civilian criminal courts to reform significant aspects of the sentencing process in the military justice system. The article reviews the sentencing reform provisions contained in the National Defense Authorization Act for FY2022 and the Military Justice Act of 2016, which address many of the core elements of sentencing, including: (1) the principles governing sentencing in courts-martial; (2) the use of sentencing “parameters” and “criteria” in the adjudication of sentences by general and special courts-martial; (3) the role of the military judge in the adjudication of sentences; (4) consideration of plea agreements at the trial level; (5) appellate review of sentences; (6) clemency and related actions on the sentence, and more. After summarizing the history of military and civilian sentencing, the article reviews the newly-enacted military justice sentencing provisions, comparing them to the relevant provisions in the federal civilian sentencing system that were enacted as part of the Sentencing Reform Act of 1984 and subsequent legislation, and implemented by the U.S. Sentencing Commission. Although some of these newly-enacted reforms mirror similar elements of the federal civilian sentencing system, others follow a different approach, reflecting a decision by Congress to adapt rather than simply adopt current civilian practices. As Congress, the Administration, and a new Sentencing Commission focus on criminal justice reform, including possible changes to civilian sentencing law and policy, the recent reforms in military justice sentencing provide an important source of insights worthy of consideration.
27
Baldacchino, A., and I. Crome. "Comorbidity and Comortality." European Psychiatry 24, S1 (January 2009): 1. http://dx.doi.org/10.1016/s0924-9338(09)70262-7.
Full textAbstract:
Aims:To analyse the nature and extent of data extracted from case files of deceased individuals in contact with health, social care and criminal justice services six months prior to their drug deaths in Scotland during 2003.Methods:A cross-sectional descriptive analysis of 317 case notes of 237 individuals who had drug related deaths, using a data linkage process, was undertaken. All contacts made with services in the six months prior to death were identified. Information on clinical and social circumstances obtained from case records of social care services, specialist drug treatment, mental health and non-statutory services and the Scottish Prison Service and Criminal Records Office were collated using the Centre for Addiction Research and Education Scotland (CARES) Clinical and Social Circumstances Data Collection Form.Findings:More than 50% (n=237) were seen six months prior to their drug death. Sociodemographic details were reported much more frequently than medical problems. While there was information available on ethnicity (49%), living accommodation (66%), education and income (52%), and dependent children (73%), medical and psychiatric history was recorded in only 12%, blood-borne viral status in 17%, and life events in 26%. This paucity of information was also a feature of the treatment plans and progress recorded for these individuals.Conclusions:The 237 drug deaths were not a population unknown to services. Highly relevant data about the six-month period prior to death were missing. Improved training to promote in-depth recording, and effective monitoring may result in better understanding and reduction of drug deaths.
28
MOAK, DANIEL S., and SARAH D. CATE. "The Political Development of Schools as Cause and Solution to Delinquency." Journal of Policy History 34, no. 2 (April 2022): 180–212. http://dx.doi.org/10.1017/s0898030622000057.
Full textAbstract:
AbstractThis article offers a comprehensive history of the development of the federal role in education and juvenile justice policy from the 1950s to the 1970s. We argue that the issues of juvenile delinquency and education became linked during this period and policies that were enacted reflected the belief that education was a solution to delinquency. In the mid-twentieth century, a broader variety of approaches to antidelinquency, such as public job creation for youth, began to fall out of favor and education became elevated as the primary policy area for addressing delinquency outside the criminal justice system. Policy makers frequently justified federal involvement in education by arguing that schools were central to antidelinquency efforts. Drawing educational institutions into the fight against delinquency made schools susceptible to the punitive turn in crime policy. Ultimately, these developments have introduced punitive policies into schools and pushed antidelinquency efforts away from broader structural reforms.
29
Victoria, Ong Argo, M. Aji Luhur Pambudi, and Ratna K. Dewi. "THE RECONSTRUCTION OF INDONESIAN SHIPPING LAW IN THE SEA TRANSPORTATION SYSTEM FOR A SUCCESSFUL SEA TOLL PROGRAM AND IMPROVEMENT OF SHIPPING ADMINISTRATION." International Journal of Law Reconstruction 6, no. 2 (September 11, 2022): 156. http://dx.doi.org/10.26532/ijlr.v6i2.23837.
Full textAbstract:
Indonesia uses Pancasila Democracy as the main foundation as well as a source of law in the nation and state (staatfundamentalnorm). One of the sounds of the 5th principle of Pancasila is, "Social Justice for All Indonesian People" which means fair to fellow human beings, fair to oneself and fair to God (Pancasila Justice Value). The purpose of this justice in particular must cover the growing system of exploitation of authority and ambiguity in the shipping world from the strong to the weak and must also narrow the socio-economic gap in the lives of seafarers, so that prosperity is achieved that reflects that Indonesia deserves to be called a World Maritime Axis Country as in history. Srivijaya & Majapahit. However, the fair principle has not been fully enforced and there is discrimination, especially the application of several articles in Act No. 17 of 2008 concerning Shipping. This research is a qualitative research with constructivism paradigm and sociological juridical approach. The formulation of the problem in this thesis are; 1) Why is Act No.17 of 2008 concerning Shipping in the Indonesian Sea Transportation System Not Fairly Pancasila?, 2) What are the Weaknesses of Act No.17 of 2008 concerning Shipping that Affects the Suboptimal Sea Transportation System in the Success of the Toll Program Sea and Shipping Administration in Indonesia?, and 3) How to Reconstruct Act No. 17 of 2008 concerning Shipping in the Sea Transportation System for the Success of the Sea Toll Program and Improvement of Indonesian Shipping Administration based on Pancasila Justice Value? The purpose of writing this thesis is to reconstruct several articles in Act No. 17 of 2008 concerning Shipping which contain weaknesses in the Sea Transportation System for the Success of the Sea Toll Program and the Improvement of Indonesian Shipping Administration Based on Pancasila Justice Value. The results of this research are that there are several reconstructions of articles, namely Article 28 paragraph (6) in terms of granting ship operating permits held by the Directorate General, Syahbandar and specifically ASDP by the Land Transportation Management Center (BPTD), Article 59 is reconstructed with the addition of revocation of one's authority to become a crew member in the event of a serious criminal offense. Article 61, paragraph (3) is reconstructed with the addition of ship requirements and specifications. Article 151 (1) is reconstructed with the addition of a paragraph that regulates the affirmation of the welfare of seafarers and Article 169 (1) is reconstructed by giving criminal sanctions not only administrative sanctions. It is hoped that with this reconstruction the Sea Transportation system in the Sea Toll Program will be able to improve the Shipping Administration System in Pancasila Justice Value.
30
Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.
Full textAbstract:
The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.
31
SOWIŃSKA, Danuta. "Warszawa i Lublin jako główne ośrodki obywatelskiego wymiaru sprawiedliwości w Królestwie Polskim w 1915 r." Historia i Świat 4 (September 16, 2015): 305–36. http://dx.doi.org/10.34739/his.2015.04.15.
Full textAbstract:
The emergence of civil justice after the evacuation of Russians from the Polish Kingdom in 1915. This is one of the most important moments in the history of Polish judiciary. After more than a century of power invaders there is a chance to regain control over the administration and the judiciary. Polish lawyers had hoped that the occupiers leave the judiciary in their hands. Warsaw and Lublin - the fastest two centers operating in the Kingdom have become a role model for other courts. Regulations approved by the Committee of Citizens in Warsaw described the organization of the local judicial institutions. Its provisions became a model for the courts of Lublin, modifications resulted only from local relations. In addition to the changes in the organization and structure of the judiciary was introduced innovations in the rules of substantive law, both civil and criminal. They eased and modernize the existing legislation of the Russian case studies. The need for the establishment of the civil courts, as well as their functioning efficiently also testified by the number of pending cases. Polish lawyers hope to permanently take over the judiciary in the Kingdom were quickly snuffed out by the occupation authorities. Both in Warsaw and Lublin Polish citizens' initiative was considered as illegal and brought to its liquidation. However, experience has resulted in a few weeks on September 1 IX 1917 at the time of the recovery from the hands of the occupiers of justice.
32
Vitálišová, Katarína, Kamila Borseková, Anna Vanˇová, and Samuel Koróny. "Impacts of electronic monitoring on the community life: blessing or disguise?" Journal of Criminological Research, Policy and Practice 7, no. 3 (February 5, 2021): 221–32. http://dx.doi.org/10.1108/jcrpp-09-2020-0061.
Full textAbstract:
Purpose The purpose of this paper is to identify and evaluate critically the impacts associated with the implementation of electronic monitoring (EM) of accused and convicted persons on society based on the foreign experience and compare these findings with the original research results on EM in the Slovak Republic. Design/methodology/approach This paper elaborates the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Secondary research is based on in-depth analysis of articles, reports and studies searched via database of Google, Scopus and Science Direct. Based on the studies processed by a causal and qualitative analysis, the authors identify the benefits and risks of EM influencing community life in Europe and the USA. The additional sources of secondary data are the Statistical Yearbook of Ministry of Justice of Slovak Republic, the content of the original law (including relevant amendments) that introduced EM into the Slovak criminal justice system and data on the application of EM in Slovakia provided by the Ministry of Justice. Subsequently, this paper presents the original research findings about the EM implementation in the Slovak Republic. The primary data were conducted via interviews with the representatives of Ministry of Justice, and through the national survey of opinions of judges, probation and mediation officers. The authors used the descriptive statistics and the statistical deduction methods. Findings The key finding of the paper is that there is a very narrow border between EM as blessing and disguise for community involved. Setting proper measures to protect the community, targeted communication and support with attendance of professionals (e.g. mediator and psychologist) for community members might help to avoid possible risks and support the benefits related with EM implementation, namely, social and economic inclusion of offenders, maintaining family and community tights, reducing recidivism or protection of sensitive sites. Practical implications To support the acceptation of EM by local community, the authors recommend to perceive sensitively community involvement and consider potential risks related with EM implementation; to suggest the proper measures to protect the community; and to develop better or targeted communication oriented towards increasing awareness or establishment supporting groups with attendance of professionals (e.g. mediator and psychologist) that might help to avoid possible risks and support the benefits related with EM implementation. Originality/value This paper compares experience with EM based on the secondary data of previous researches in Scotland, Sweden and Florida in the USA. Subsequently, it presents the unique data about the implementation of EM in the Slovak Republic. The topic of EM is still vastly underrated in the literature, and there is a lack of empirical data, so this paper as a combination of case studies and original research could be very helpful in the efficient implementation of EM and setting the proper measures.
33
Unterman, Katherine. "Trial without Jury in Guam, USA." Law and History Review 38, no. 4 (June 26, 2019): 811–41. http://dx.doi.org/10.1017/s0738248018000627.
Full textAbstract:
This article adds to the growing literature about how the Supreme Court's decisions in the Insular Cases affected the residents of the U.S. territories. It focuses on the territory of Guam, which lacked juries in both criminal and civil trials until 1956–nearly sixty years after the island became a U.S. possession. Residents of Puerto Rico, Hawaii, and the Virgin Islands had limited jury trials, but Guam was left out due to its strategic military significance as well as racialized ideas about the capabilities of Chamorros, the native inhabitants of the island. This article recovers the struggle by Guamanians to gain jury trials. It argues that independence movements, like those in the Philippines and Puerto Rico, were not the only forms of resistance to American empire. Through petitions, court challenges, and other forms of activism, Guamanians pushed for jury trials as a way to assert local agency and engage in participatory democracy. For them, the Insular Cases were not just abstract rulings about whether the Constitution followed the flag; they deeply affected the administration of justice on the ground for ordinary Guamanians.
34
Assa, Natasha. "How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916." Law and History Review 24, no. 1 (2006): 1–43. http://dx.doi.org/10.1017/s0738248000002261.
Full textAbstract:
One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?
35
SAHA, JONATHAN. "Madness and the Making of a Colonial Order in Burma." Modern Asian Studies 47, no. 2 (July 2, 2012): 406–35. http://dx.doi.org/10.1017/s0026749x11000400.
Full textAbstract:
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.
36
Vasilyev, Pavel. "Sex and Drugs and Revolutionary Justice: Negotiating 'Female Criminality' in the Early Soviet Courtroom." Journal of Social Policy Studies 16, no. 2 (July 3, 2018): 341–54. http://dx.doi.org/10.17323/727-0634-2018-16-2-341-354.
Full textAbstract:
Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il
This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Kowalsky and Healey, I focus on an earlier period (1917–1922) and make extensive use of the under-researched archival collections of Petrograd’s local judicial institutions (People’s Courts), drawing on materials such as investigatory reports and court proceedings. Focusing on a 1919 criminal case from the Central State Archive of St. Petersburg (Tsentral’nyi gosudarstvennyi arkhiv Sankt-Peterburga, TsGA SPb) in particular, this paper argues that in the volatile setting of the early Soviet courtroom 'female criminality' was not a clear-cut concept, but rather a malleable product of intense negotiations that involved all legal actors and centered around the contested notions of female subjectivity, socialist ideology, and the material conditions of living. Employing quasi-theatrical language, I first introduce the protagonists and describe the background of this criminal case. Then, I look at the litigation strategies that the two main female defendants employed and the different ways in which they highlighted the material embeddedness of their emotions. Finally, I examine the expressions of remorse and reflect on their role in sentencing within the wider context of the ongoing Russian Civil War and the early Soviet legal reforms. By viewing 'female criminality' as a product of open-ended negotiations and by re-emphasizing the material conditions of revolutionary Petrograd, the article provides a new perspective on gender, crime and the administration of justice in that turbulent period.
37
Котов, Сергей, and Sergey Kokotov. "Sources of law of the British colony Quebec in the last third of the XVIII century: the problem of choice." Services in Russia and abroad 9, no. 1 (June 25, 2015): 121–33. http://dx.doi.org/10.12737/11715.
Full textAbstract:
A distinctive feature of modern Canada is the dualism of its legal system. This means that in the country there are two systems of law - continental (Roman-German) and Anglo-Saxon (precedent). Each of these systems differ in their approaches to the understanding of law and justice implementation. However, the main difference is due to the fact that each of these systems relies on its own sources of law. If the basis of the criminal and private law in general, and the federation of nine provinces in particular is common (case) law of England, in the province of Quebec are used English (basically) criminal law and French civil law in its origin.
Historically, this was due to the fact that at the time of the conquest of the colony of New France (now Quebec) in the XVIII century it had a relatively developed legal system, including the system of administration of justice. At the heart of the local sources of law were kutyums of Paris, supplementing ordinances of the French kings. Inclusion of New France in the possession of the English Crown was for the new authorities a precedent - the first time in the history of the British colonial empire it acquired a part of the territory with a Christian population and European law.
In fact, the British colonial authorities had to make a choice, which was to determine the vector of further legal development of not only the newly conquered colony, but the whole of British North America. According to the rules of English case law the medieval English monarch (as sovereign) could either admit the law to of its new ownershipin force at the time of the conquest, or introduce there English law in force at the time. In view of the prevailing circumstances of the specific historical issue of the replacement of French law (including sources and the administration of justice) in English it turned out to be extremely difficult from the socio-political and a formal legal point of view.
This article analyzes the problems encountered during the initial stage of the legal system of the British colony of Quebec and, in particular, of the sources of its territorial law.
38
Swift, Roger. "Carolyn A. Conley.Certain Other Countries: Homicide, Gender, and National Identity in Late Nineteenth-Century England, Ireland, Scotland, and Wales.:Certain Other Countries: Homicide, Gender, and National Identity in Late Nineteenth‐Century England, Ireland, Scotland, and Wales.(History of Crime and Criminal Justice.)." American Historical Review 113, no. 2 (April 2008): 581–82. http://dx.doi.org/10.1086/ahr.113.2.581.
Full text
39
Denney, Matthew G. T. "“To Wage a War”: Crime, Race, and State Making in the Age of FDR." Studies in American Political Development 35, no. 1 (March 9, 2021): 16–56. http://dx.doi.org/10.1017/s0898588x2000019x.
Full textAbstract:
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.
40
Powderly, Joseph. "Prosecutor v. Jean-Pierre Bemba Gombo: Judgment on the Appeal of Mr. Jean-Pierre Bemba Gombo against Trial Chamber III's “Judgment Pursuant to Article 74 of the Statute” (Int'l Crim. Ct.)." International Legal Materials 57, no. 6 (December 2018): 1031–79. http://dx.doi.org/10.1017/ilm.2018.50.
Full textAbstract:
On June 8, 2018, the Appeals Chamber of the International Criminal Court (ICC) delivered its eagerly anticipated judgment on the appeal of Jean-Pierre Bemba Gombo against his conviction by Trial Chamber III in March 2016 for war crimes (murder, rape, and pillage) and crimes against humanity (murder and rape). Bemba's conviction was notable for the variety of “firsts” it gave rise to for the ICC. As a former vice-president of the transitional government of the Democratic Republic of the Congo (DRC) and president of the Mouvement de libération du Congo (MLC), he became the most senior leader to be successfully convicted by the ICC. His conviction was the first in which an individual was found responsible for the commission of crimes pursuant to command responsibility under Article 28 of the Rome Statute. Of particular significance was the fact that this was the first conviction at the ICC for acts of rape and sexual violence committed against women and men. Finally, this was the first case in the history of international criminal law where members of the defense team were arrested, tried, and convicted of crimes against the administration of justice during the course of the trial. The trial judgment was heralded as “a turning point in the ICC's history” following the debacles in the Lubanga, Katanga, Chui, and Kenya cases. However, we now have a new addition to the list of firsts: with the Appeals Chamber's majority judgment (decided 3-2), Bemba becomes the first accused to have his conviction overturned in full.
41
Safarov, N. A. "Justice in the Name of Six Million Accusers: the Case of the Attorney General of the Government of Israel v. Adolf Eichmann in the Context of International Law." Moscow Journal of International Law, no. 4 (January 31, 2022): 70–107. http://dx.doi.org/10.24833/0869-0049-2021-4-70-107.
Full textAbstract:
INTRODUCTION. The legal saga of the prosecution of Adolf Eichmann, one of the most wanted war criminals and chief “architect” of the Holocaust, raises many ethical, political and legal problems. The Eichmann trial is unprecedented in the long history of international criminal law for many reasons. Although many leaders of Nazi regime were put on trial at Nuremberg before International Military Tribunal, mass killings and other outrageous crimes against Jews was not the main object of the trial. Thereby prosecution and punishment one of the most important organizers of the genocide of Jewish people, creator of new type of evil and new type of crime, become the great task of the State of Israel.MATERIALS AND METHODS. The theoretical basis of the study consists of the works of leading international lawyers specializing in international criminal law, as well as the international extradition of criminals; the analytical base comprises of the decisions of the Nuremberg International Military Tribunal, as well as the national courts of the State of Israel, in particular the cult decision the Attorney General of the Government of Israel v. Adolf Eichmann, as well as the decisions of the national courts of the United States, cited in the article for the purpose of comparative analysis. The methodological basis of the research comprises historical method, methods of formal logic, including analysis, synthesis and analogy, as well as systemic, comparative legal methods and method of interpretation.RESEARCH RESULTS. Based on the study of international legal instruments and international judicial practice, as well as the national legislation of the State of Israel, the author made conclusions related to the abduction of accused from the territory of a foreign state, in particular its consequences in the form of violation of the sovereignty of the state. At the same time, the article contains a statement that the unlawfulness of the arrest does not prevent the court from exercising jurisdiction over the person. In the context of the administration of justice by the State of Israel, the author analyzes the Convention relating to the Status of Refugees of December 14, 1951, paying special attention to the problem of the possible immunity of the accused based on the refugee status granted by the state.DISCUSSION AND CONCLUSIONS. In the course of the study, the author analyzed a significant amount of materials, summarized the doctrinal positions put forward by a number of prominent international scholars, and also formed the conclusion that the trial of Eichmann marked not only the administration of justice over the international criminal, but also provided another opportunity for a broad international publicity of the horrors of the Nazi regime and the need to unite collective efforts of states to save future generations from such international crimes.
42
Hardeman, Rachel R., Simone L. Hardeman-Jones, and Eduardo M. Medina. "Fighting for America's Paradise: The Struggle against Structural Racism." Journal of Health Politics, Policy and Law 46, no. 4 (August 1, 2021): 563–75. http://dx.doi.org/10.1215/03616878-8970767.
Full textAbstract:
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.
43
Hoyle, Carolyn, and Saul Lehrfreund. "Contradictions in Judicial Support for Capital Punishment in India and Bangladesh: Utilitarian Rationales." Asian Journal of Criminology 15, no. 2 (November 26, 2019): 141–61. http://dx.doi.org/10.1007/s11417-019-09304-0.
Full textAbstract:
AbstractIndia and Bangladesh share a common history, and each has developed somewhat similarly since partition. However, while both countries now have relatively low murder rates, India has seen a decline in the rate of executions, while Bangladesh continues to impose death sentences and carry out executions at a higher rate. There have been challenges to the death penalty in India, restricting its use to exceptional cases. The same has not occurred in Bangladesh. Yet in both countries, systemic flaws in the criminal process are evident. This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.
44
Ramadani, Rizky Malinto, Indra Perwira, and Bilal Dewansyah. "Problem Pemberian Amnesti oleh Presiden Dalam Perspektif Kepentingan Negara." Jurnal Ilmiah Universitas Batanghari Jambi 21, no. 3 (October 11, 2021): 984. http://dx.doi.org/10.33087/jiubj.v21i3.1688.
Full textAbstract:
Article 14 Paragraph (2) of the 1945 Constitution determines that the President grants amnesty and abolition by taking into account the considerations of the House of Representatives. in the provisions of Article (1) of the Emergency Law no. 11 of 1954 concerning Amnesty and Abolition states that "The President, in the interest of the state, can grant amnesty and abolition to people who have committed a criminal act. The President granted this amnesty and abolition after obtaining written advice from the Supreme Court which conveyed the advice at the request of the Minister of Justice.” The issue related to amnesty is that there is no more detailed clarity regarding the criteria for granting amnesty for the benefit of this country, whether the granting of amnesty is only intended for politically charged cases or can also be given for general criminal acts, especially in history, amnesties have been granted only for political crimes. The identification of the problems in this study are: First, the extent to which the granting of amnesty in Indonesia is in accordance with the criteria of the state's interest. The method used by researchers in this study is normative juridical. The results of this study indicate that the most important criterion of the existence of the state's interest is the stability of the state administration system and the guarantee of rights for citizens. The ideal conditions that need to be regulated in amnesty are: Amnesty restrictions are not granted for extraordinary crimes; not allowed to impeach the President. As for the ideal procedure, apart from referring to the 1945 Constitution and the Regulation of the Minister of State Secretary, the granting of amnesty must also ask for consideration from the Supreme Court, so that the granting of amnesty is not only seen for political interests, but also for the interests of the state.
45
Ragimov, Ilgam M. "Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”." Gosudarstvo i pravo, no. 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.
Full textAbstract:
The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
46
OGBORN, MILES. "“IT'S NOT WHAT YOU KNOW . . .”: ENCOUNTERS, GO-BETWEENS AND THE GEOGRAPHY OF KNOWLEDGE." Modern Intellectual History 10, no. 1 (April 2013): 163–75. http://dx.doi.org/10.1017/s147924431200039x.
Full textAbstract:
Sometime in the 1760s, a Constantinople-born, French-educated Muslim arrived at the port of Balassor in north-east India. Known variously as Mustapha or Monsieur Raymond, he had, he later wrote, “with a mediocre dictionary and a bad grammar”, and by conversing with the ship's captain en route from Bombay, “learned enough of English . . . as I might delight in Bolingbroke's Philosophical works”. This student of contemporary intellectual history soon put his knowledge to work, securing a position translating for Robert Clive, the conquering hero of the English East India Company's new imperial administration in India. Subsequently falling from favour, Mustapha crossed over to seek employment with the English company's French rivals, earning himself a spell in prison as a spy. He also travelled to Mecca, where he gained the honorific “Haji” but lost his fortune, his cabinet of curiosities and his collection of books and manuscripts. He then became the keeper of a zenana (to the Europeans, a harem or seraglio), and he entered the world of publishing. In 1789, in Calcutta, Mustapha had printed for himself a pamphlet-length diatribe on the iniquitous administration of the law in British Bengal entitled Some Idea of the Civil and Criminal Courts of Justice at Moorshoodabad. In the same year he was also involved, as the pseudonymous editor “Nota Manus”, in the publication of a three-volume English translation of a Persian work of Indian history—Ghulam Hussain Khan Tabatabai's Seir Mutaqherin, or View of Modern Times (written in 1781–2)—which dealt with the British conquest and administration of Bengal, and offered a stern critique of the new rulers who seemed to have “an aversion to the Society of Indians, and a disdain against conversing with them”. Finally, Mustapha (who called himself a “Semi-Englishman” who had the interests of his “adopted countrymen” at heart) claimed to have published in London a work of futurology entitled State of Europe in 1800. In his encounters with Europeans, his travels within and beyond India (although he never made it to England as he had planned), and his involvement in the production of historical and geographical knowledge, Mustapha was deeply interested in that which shaped his own fortunes: the relationships of knowledge and power between Europe and other parts of the world.
47
Kaburkin, Aleksandr A. "COURTS OF THE KHANTY-MANSI AUTONOMOUS OKRUG IN THE FIRST YEAR OF THE POST-WAR FIVE-YEAR PLAN." Historical Search 2, no. 2 (June 25, 2021): 13–20. http://dx.doi.org/10.47026/2712-9454-2021-2-2-13-20.
Full textAbstract:
The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.
48
Bandžović, Sead. "The phenomenon of fragile states: Bosnia and Herzegovina." Historijski pogledi 4, no. 6 (November 15, 2021): 338–55. http://dx.doi.org/10.52259/historijskipogledi.2021.4.6.338.
Full textAbstract:
The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
49
Normandeau, André, and Denis Szabo. "Synthèse des travaux." Acta Criminologica 3, no. 1 (January 19, 2006): 143–70. http://dx.doi.org/10.7202/017013ar.
Full textAbstract:
Abstract SYNTHESIS OF THE FIRST INTERNATIONAL SYMPOSIUM FOR RESEARCH IN COMPARATIVE CRIMINOLOGY Introduction At the beginning of the development of the social sciences there was a considerable vogue for comparative research. A long period of empirical studies and almost total preoccupation with methodological problems followed. Once again, however, psychology, political science, sociology, and above all anthropology, have taken up the thread of this tradition, and the bibliography in these fields is becoming ever more abundant. The study of deviance, of various manifestations of criminality, and of social reaction against crime are, however, noticeably missing in the picture, even though there is nothing in the nature of criminology which precludes the development of comparative research. To many research workers in criminology, the time seemed ripe to take up the comparative tradition once again. Two imperatives were considered : the generalization of norms of deviance which are tied to the standard of living set by industrial civilization, thus putting the problem of criminality in a global light ; and, second, the development and standardization of methods of studying these phenomena, drawing on the experience of allied disciplines. The response of the participants in this Symposium and the results of their discussions were not unexpected. A consensus was arrived as to the problems it was thought important to study, and agreement was reached about the strategies of research to be undertaken. Priorities, however, were not established since too much depends on the availability of research teams, funds, etc. But the broad, overall look at the main problems in comparative criminology will, hopefully, open a new chapter in the history of crimino-logical research and in our continuing search for knowledge of man and society. The brief resume which follows should give the reader an idea of the extent of the problems tackled. The detailed proceedings of the Symposium will be published at a later date, in mimeographed form. Sectors of research proposed In a sense, this Symposium was prepared by all the participants. The organizers had requested that each person invited prepare a memorandum setting out the problems in comparative criminology which he considered to be most important. The compilation of their replies, reported to the plenary session at the opening of the Symposium, produced the following results : Summary of suggestions for research activities Note : In all that follows, it should be understood that all of these topics should be studied in a cross-cultural or international context. 1) Definitions and concepts : a) Social vs legal concept of deviance ; b) Distinction between political and criminal crimes ; c) The law : a moral imperative or a simple norm ; d) The concepts used in penal law : how adequate ? e.g. personality of criminal ; e) Who are the sinners in different cultures and at different times. 2) Procedures : a) Working concepts of criminal law and procedure ; b) Differentiating between factors relating to the liability-finding process and the sentencing process ; c) Behavioural manifestations of the administration of criminal justice ; d) Judicial decisions as related to the personality of the judges and of the accused ; e) Sentencing in the cross-national context (2 proposals) ; f) In developing countries, the gap between development of the legal apparatus and social behaviour ; g) Determination of liability ; h) The problem of definition and handling of dangerous offenders ; i) Decision-making by the sentencing judges, etc. (2 proposals) ; ;) Medical vs penal committals ; k) Law-enforcement, policing. 3) Personnel : a) Professionalization in career patterns ; b) Criteria for personnel selection ; c) Greater use of female personnel. 4) Causation. Situations related to criminality : a) How international relations and other external factors affect crime ; 6) Hierarchy of causes of crime ; c) Migrants. Minorities in general ; d) Relation to socio-economic development in different countries ; e) A biological approach to criminal subcultures, constitutional types, twin studies, etc. ; f) Cultural and social approach : norms of moral judgment, ideals presented to the young, etc. ; g) Effect of social change : crime in developing countries, etc. (6 proposals) ; h) Effects of mass media, rapid dissemination of patterns of deviant behaviour (2 proposals). 5) Varieties of crime and criminals : a) Traffic in drugs ; b) Prison riots ; c) Violence particularly in youth (7 proposals) ; d) Dangerousness ; e) Relation to the rights of man (including rights of deviants); f) Female crime (2 proposals) ; g) Prostitution ; i) The mentally ill offender ; ;) Cultural variations in types of crime ; k) Organized crime ; /) Use of firearms ; m) Gambling ; n) Victims and victimology. 6) Treatment : evaluation : a) Social re-adaptation of offenders ; b) Statistical research on corrections, with possible computerization of data ; c) Comparisons between prisons and other closed environments ; d) Extra-legal consequences of deprivation of liberty ; e) Rehabilitation in developing countries ; f ) Criteria for evaluation of programs of correction ; g) Biochemical treatment (2 proposals) ; i) Differential treatment of different types of offense. Evaluation ; /) Prisons as agencies of treatment ; k) Effects of different degrees of restriction of liberty ; /) Environments of correctional institutions ; m) Study of prison societies ; n) Crime as related to the total social system. 7) Research methodology : a) Publication of what is known regarding methodology ; b) Methods of research ; c) Culturally-comparable vs culturally-contrasting situations ; d) Development of a new clearer terminology to facilitate communication ; e) Actual social validity of the penal law. 8) Statistics : epidemiology : a) Need for comparable international statistics ; standardized criteria (3 proposals) ; b) Difficulties. Criminologists must collect the data themselves. 9) Training of research workers : Recruiting and training of « com-paratists ». 10) Machinery : Committee of co-ordination. Discussions The discussions at the Symposium were based on these suggestions, the main concentration falling on problems of manifestations of violence in the world today, the phenomenon of student contestation, and on human rights and the corresponding responsibilities attached thereto. Although the participants did not come to definite conclusions as to the respective merits of the problems submitted for consideration, they did discuss the conditions under which comparative studies of these problems should be approached, the techniques appropriate to obtaining valid results, and the limitations on this type or work. Four workshops were established and studied the various problems. The first tackled the problems of the definition of the criteria of « danger » represented by different type of criminals ; the problem of discovering whether the value system which underlies the Human Rights Declaration corresponds to the value system of today's youth; the problem of the treatment of criminals ; of female criminality ; and, finally, of violence in the form of individual and group manifestations. The second workshop devoted its main consideration to the revolt of youth and to organized crime, also proposing that an international instrument bank of documentation and information be established. The third workshop considered problems of theory : how the police and the public view the criminal ; the opportunity of making trans-cultural comparisons on such subjects as arrest, prison, etc. ; and the role of the media of information in the construction of value systems. The fourth workshop blazed a trail in the matter of methodology appropriate to research in comparative criminology. The period of discussions which followed the report of the four workshops gave rise to a confrontation between two schools of thought within the group of specialists. The question arose as to whether the problem of student contestation falls within the scope of the science of criminology. Several experts expressed the opinion that criminologists ought not to concern themselves with a question which really belongs in the realm of political science. On the other hand, the majority of the participants appeared to feel that the phenomenon of student contestation did indeed belong in the framework of criminological research. One of the experts in particular took it upon himself to be the spokesman of this school of thought. There are those, he said, who feel that criminology should confine itself and its research to known criminality, to hold-ups, rape, etc. However, one should not forget that penal law rests on political foundations, the legality of power, a certain moral consensus of the population. Today, it is exactly this « legitimate » authority that is being contested. Is it not to be expected, therefore, that criminology should show interest in all sociological phenomena which have legal and criminal implications ? Contestation and violence have consequences for the political foundations of penal law, and therefore are fit subjects for the research of the criminologist. International Centre {or Comparative Criminology The First International Symposium for Research in Comparative Criminology situated itself and its discussions within the framework and in the perspectives opened by the founding of the International Centre for Comparative Criminology. The Centre is sponsored jointly by the University of Montreal and the International Society for Criminology, with headquarters at the University of Montreal. As one of the participants emphasized, criminologists need a place to retreat from the daily struggle, to meditate, to seek out and propose instruments of research valid for the study of problems common to several societies. Viewing the facts as scientists, we are looking for operational concepts. Theoreticians and research workers will rough out the material and, hopefully, this will inspire conferences and symposiums of practitioners, jurists, sociologists, penologists, and other specialists. Above all, it will give common access to international experience, something which is lacking at present both at the level of documentation and of action. A bank of instruments of method- ology in the field of comparative criminology does not exist at the present time. The Centre will undertake to compile and analyse research methods used in scientific surveys, and it will establish such an instrument bank. It will also gather and analyse information pertaining to legislative reforms now in progress or being contemplated in the field of criminal justice. Through the use of computers, the Centre will be able to put these two projects into effect and make the results easily accessible to research workers, and to all those concerned in this field. The participants at the Symposium were given a view of the extent of the problems envisaged for research by the future Centre. It is hoped that this initiative will be of concrete use to research workers, private organizations, public services and governments at many levels, and in many countries.
50
POSTLES, DAVID. "John Hudson (ed.), The history of English law: centenary essays on ‘Pollock and Maitland’, Proceedings of the British Academy, 89. (Oxford: Oxford University Press, for the British Academy, 1996.) Pages xii+228. £19.95. Anthony Musson, Public order and law enforcement: the local administration of criminal justice, 1294–1350. (Woodbridge: Boydell and Brewer, 1996.) Pages xiv+313. £45.00. John Hudson, The formation of the English Common Law: law and society in England from the Norman Conquest to Magna Carta. (London and New York: Longman, 1996.) Pages xvi+271. £13.99." Continuity and Change 14, no. 2 (August 1999): 275–314. http://dx.doi.org/10.1017/s0268416099263291.
Full text