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Journal articles on the topic 'Criminal justice, Administration of Victoria'

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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

Coverdale, Richard. "Postcode Justice: Rural and Regional Disadvantage in the Administration of the Law." Deakin Law Review 16, no. 1 (August 1, 2011): 155. http://dx.doi.org/10.21153/dlr2011vol16no1art98.

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The paper signposts a number of issues identified within the research project: Postcode Justice — Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of ‘distance’ to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates’ Court criminal court programs which embrace the principles of ‘problem solving courts’ and ‘therapeutic jurisprudence’. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified ‘voice’ is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.

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2

O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.

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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.

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3

Walliss, John. "Administration of Justice in Victorian Cheshire, 1840-1890: A Quantitative Survey." Transactions of the Historic Society of Lancashire and Cheshire 171, no. 1 (January 1, 2022): 23–45. http://dx.doi.org/10.3828/transactions.171.5.

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This article presents a quantitative survey of the administration of justice in Cheshire between 1840 and 1890. Drawing on a sample of 33,000 cases from assizes and quarter sessions across the county, it explores broad patterns in committals, prosecutions, and sentencing over the fifty-year period. To this end, the article is structured to follow defendants’ route through the criminal justice process; from committal through prosecution to sentencing. The final section of the article thereafter explores the differing patterns of each as it pertained to the sex of the accused.

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4

Hogg, Russell. "‘Only a pawn in their game’: crime, risk and politics in the case of Robert Fardon." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 55–72. http://dx.doi.org/10.5204/ijcjsd.v3i3.152.

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In 2003 Robert Fardon was the first prisoner to be detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld), the first of the new generation preventive detention laws enacted in Australia and directed at keeping sex offenders in prison or under supervision beyond the expiry of their sentences where a court decides, on the basis of psychiatric assessments, that unconditional release would create an unacceptable risk to the community. A careful examination of Fardon’s case shows the extent to which the administration of the regime was from the outset governed by politics and political calculation rather than the logic of risk management and community protection. In 2003 Robert Fardon was the first person detained under the Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) (hereafter DPSOA), a newly enacted Queensland law aimed at the preventive detention of sex offenders. It was the first of a new generation of such laws introduced in Australia, now also in force in NSW, Western Australia and Victoria. The laws have been widely criticized by lawyers, academics and others (Keyzer and McSherry 2009; Edgely 2007). In this article I want to focus on the details of how the Queensland law was administered in Fardon’s case, he being perhaps the most well-known prisoner detained under such laws and certainly the longest held. It will show, I hope, that seemingly abstract rule of law principles invoked by other critics are not simply abstract: they afford a crucial practical safeguard against the corruption of criminal justice in which the ends both of community protection and of justice give way to opportunistic exploitation of ‘the mythic resonance of crime and punishment for electoral purposes’ (Scheingold 1998: 888).

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Sapir, Yoav. "Book Review: From social justice to criminal justice - Poverty and the administration of criminal justice." Punishment & Society 5, no. 1 (January 2003): 131–34. http://dx.doi.org/10.1177/146247450300500117.

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6

Mathur, B. C. "Administration of Justice: Administrative Tribunals and Criminal Justice System." Indian Journal of Public Administration 45, no. 3 (July 1999): 501–7. http://dx.doi.org/10.1177/0019556119990320.

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7

Moran, Nathan R. "Book Review: Handbook of Criminal Justice Administration." Criminal Justice Review 28, no. 2 (September 2003): 413–16. http://dx.doi.org/10.1177/073401680302800222.

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8

Alobo, Eni E., and John Inaku. "AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM." International Journal of Engineering Technologies and Management Research 5, no. 12 (March 24, 2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.

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This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.

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9

Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America." International Journal of Legal Information 46, no. 2 (July 2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.

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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.

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10

Trott, Stephen S. "Implementing Criminal Justice Reform." Public Administration Review 45 (November 1985): 795. http://dx.doi.org/10.2307/3135038.

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11

Spigelman, JJ. "Public Confidence in the Administration of Criminal Justice." Current Issues in Criminal Justice 19, no. 2 (November 2007): 219–23. http://dx.doi.org/10.1080/10345329.2007.12036428.

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12

HOFFMANN, JOSEPH L., and LAUREN K. ROBEL. "Federal Court Supervision of State Criminal Justice Administration." ANNALS of the American Academy of Political and Social Science 543, no. 1 (January 1996): 154–66. http://dx.doi.org/10.1177/0002716296543001014.

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13

Vukor-Quarshie, G. N. K. "Criminal Justice Administration in Nigeria:Saro-Wiwa in review." Criminal Law Forum 8, no. 1 (February 1997): 87–110. http://dx.doi.org/10.1007/bf02699801.

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14

Vukor-Quarshie, G. N. K. "Criminal justice administration in Nigeria:Saro-Wiwa in review." Criminal Law Forum 8, no. 3 (October 1997): 87–110. http://dx.doi.org/10.1007/bf02677803.

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15

CHANG, DAE H. "Administration of Criminal Justice and Universal Human Rights." International Journal of Comparative and Applied Criminal Justice 15, no. 1-2 (January 1991): i—xiii. http://dx.doi.org/10.1080/01924036.1991.9688950.

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16

Dyke, Andrew. "Electoral cycles in the administration of criminal justice." Public Choice 133, no. 3-4 (July 25, 2007): 417–37. http://dx.doi.org/10.1007/s11127-007-9197-2.

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17

Mackay, Michael. "Aboriginal juveniles and the criminal justice system: The case of Victoria." Children Australia 21, no. 3 (1996): 11–22. http://dx.doi.org/10.1017/s1035077200007161.

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In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.

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18

Beatrice, Megan. "A problem-solving approach to criminalised women in the Australian context." Alternative Law Journal 46, no. 1 (January 24, 2021): 41–46. http://dx.doi.org/10.1177/1037969x20985104.

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The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

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19

Abdullahi, Ibrahim. "The Jurisprudence Of The Sokoto State Administration Of Criminal Justice Law 2019: Innovative Provisions, Redlines And Suggestions For Future Reforms." Advances in Social Sciences Research Journal 7, no. 6 (June 14, 2020): 1–21. http://dx.doi.org/10.14738/assrj.76.8319.

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This article appraises the jurisprudence, innovative provisions, redlines inherent in the Sokoto State Administration of Criminal Justice Law 2019 and make suggestions for future reforms. Sokoto State is one of States in Nigeria that has domesticated the Administration of Criminal Justice Act 2015 (ACJA 2015) through the signing into law of the Sokoto State Administration of Criminal Justice Law, 2019 by his Excellency, the Executive Governor of Sokoto State, Rt. Hon. Aminu Waziri Tambuwal (Mutawallen Sokoto) to take care of the problems of incessant delay in the criminal justice system. This article uses the doctrinal research methodology in gathering information’s and observes the need to look holistically at the issue of poor draftsmanship while provisions that runs counter to the Constitution should be addressed. The article recommended amongst others that the provisions relating to expeditious legal advice from the office of the Attorney General of Sokoto State and prohibition against lay prosecutions cannot be effective if the manpower at the Ministry of Justice is not improved upon and the welfare of the lawyers at the said Ministry is not taken care of. Barring the above, it is a new dawn for Sokoto State in the administration of Criminal Justice.

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20

Fernandes, April D., and Robert D. Crutchfield. "Race, Crime, and Criminal Justice." Criminology & Public Policy 17, no. 2 (April 19, 2018): 397–417. http://dx.doi.org/10.1111/1745-9133.12361.

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21

O’Mahony, David. "Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland." International Criminal Law Review 12, no. 3 (2012): 549–72. http://dx.doi.org/10.1163/157181212x650001.

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This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

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22

Beyer, Lorraine, Gary Reid, and Nick Crofts. "Ethnic Based Differences in Drug Offending." Australian & New Zealand Journal of Criminology 34, no. 2 (August 2001): 169–81. http://dx.doi.org/10.1177/000486580103400205.

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There is a perception in Victoria that some ethnic groups are more heavily involved in illicit drugs than others. The published police and prison statistics appear to support this view. The paper discusses why published statistics show an increase in drug offending by people of Vietnamese birth, describes some of the outcomes of current criminal justice responses to the illicit drug problem in Victoria, and identifies differing offending patterns between drug offenders of “Asian” and “non-Asian” backgrounds. Court and Juvenile Justice key informants’ perceptions of the reasons young “Asian” people become involved with heroin is also briefly discussed.

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23

Moore, Mark H. "Drugs, the Criminal Law, and the Administration of Justice." Milbank Quarterly 69, no. 4 (1991): 529. http://dx.doi.org/10.2307/3350227.

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24

Roy, Jaytilak Guha, and Yatish Mishra. "Criminal Justice System and its Administration: Agenda for Reform." Indian Journal of Public Administration 45, no. 3 (July 1999): 494–500. http://dx.doi.org/10.1177/0019556119990319.

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25

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.

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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.

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26

Revina, I. V., O. S. Pashutina, and I. N. Chebotareva. "THE WAIVER OF A RIGHT TO EXERCISE JUSTICE: LEGAL NATURE AND CONTENT." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2021): 35–42. http://dx.doi.org/10.18323/2220-7457-2021-4-35-42.

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The paper presents the results of legal research on the involvement of citizens in the administration of justice during criminal proceedings. The existing Russian criminal procedure legislation provides for a relevant procedure. However, some aspects of citizens’ participation in the administration of justice in the sphere of criminal proceedings, for today, are regulated insufficiently, which causes certain difficulties by an executor of law. The study focuses attention on the special constitutional and legal significance of such participation as a form of interaction of the state and society on the whole. The authors consider the participation of citizens in the administration of justice both as a constitutional guarantee of the defense of human and civil rights and freedoms in the Russian Federation and concerning the procedural support of the corresponding right of a criminal procedure participant. The paper states that citizens’ participation in the administration of justice is characterized to a greater degree by their rights than by responsibility. The authors justify the conclusion on the necessity of different interpretations of the concepts of civil duty and legal duty. Such attitude is proved by the fact that the imposed form of participation in justice does not make impossible the juror’s intentional violation of bans stipulated towards a juror. The paper pays attention to the study of the process of trial jury formation in criminal proceedings. The authors identified and analyzed the reasons for citizens’ unwillingness to exercise this right. The study considers both the admissible not contradictory to legal rules forms of such denial and its covert types hindering the administration of justice. It is identified that the waiver of a right to exercise justice can be caused both by objective and subjective factors. Based on the analysis of statistical data and with the account of the examples from judicial practice, the authors justify the necessity of further improvement of norms of the current legislation in ensuring the citizens’ participation in the administration of justice.

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27

CRAWFORD, ADAM. "INVOLVING LAY PEOPLE IN CRIMINAL JUSTICE." Criminology Public Policy 3, no. 4 (November 2004): 693–702. http://dx.doi.org/10.1111/j.1745-9133.2004.tb00073.x.

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28

Weatherburn, Don. "STRATEGIES FOR MANAGING CRIMINAL JUSTICE SYSTEMS." Australian Journal of Public Administration 53, no. 1 (March 1994): 67–77. http://dx.doi.org/10.1111/j.1467-8500.1994.tb01861.x.

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29

Sturz, Herbert. "Experiments in the Criminal Justice System." Federal Sentencing Reporter 24, no. 1 (October 1, 2011): 4–7. http://dx.doi.org/10.1525/fsr.2011.24.1.4.

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This article originally appeared in the Legal Aid Briefcase, February 1967, and was based on Herbert Sturz's testimony before the Senate Subcommittee on Executive Reorganization, December 13, 1966. The primary focus of the Vera Institute of Justice has been on the relationship of poverty to the administration of criminal justice. Well over 50 percent of individuals appearing in the criminal courts of America are indigent, and more are dangerously close. As a neutral private agency, the Vera Institute of Justice has brought together various public agencies in joint programs and experiments to address this issue with action-oriented interventions. This pilot project technique provides great flexibility, allowing planners to adopt successful programs or change the approach on short notice, as needed.

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30

Douglas, Roger, Kathy Laster, and Nicole Inglis. "Victims of Efficiency: Tracking Victim Impact Information through the System in Victoria, Australia." International Review of Victimology 3, no. 1-2 (January 1994): 95–110. http://dx.doi.org/10.1177/026975809400300207.

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The courts of summary jurisdiction in Victoria have recently streamlined procedures for the hearing of guilty pleas: sentencing decisions are now determined largely on the basis of a brief summary of ‘facts’ presented by the prosecution. To assess the extent to which these summaries detail the harm suffered by victims we analysed 276 assault case summaries. The data indicate that summaries rarely report details of victim injury even where this information had been gathered by police. However, the data also suggest that disclosing details of victim injury makes little difference to sentencing and other decisions. This article outlines how existing procedures have allowed information about victims to ‘get lost’ in the system. It argues that demands for reform of the criminal justice system to give greater attention to the interests of victims must take into account the system's commitment to administrative rationalism and technocratic justice. Systematising police summaries in the mention court may prove to be a practical way of reconciling the concerns of victims with the organisational priorities of criminal justice agencies.

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31

Hemmens, Craig, and Jonathan Bolen. "Recent Legal Developments." Criminal Justice Review 36, no. 4 (November 15, 2011): 533–44. http://dx.doi.org/10.1177/0734016811428280.

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During its 2010 term, the United State Supreme Court decided 28 cases that dealt with a criminal justice-related issue. While a number of these decisions will have only a slight impact on the daily administration of justice, there were several significant cases involving criminal justice-related topics such as search and seizure, interrogations, and sentencing. We present a summary and analysis of the most significant decisions involving criminal justice. The cases are divided, somewhat roughly, into categories.

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32

Olabode, Oyewunmi, Igbinoba Ebeguki, and Olusola -Olujobi. "Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015." Journal of Social Sciences Research, no. 57 (July 15, 2019): 1184–92. http://dx.doi.org/10.32861/jssr.57.1184.1192.

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Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

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33

Bello, Akeem Olajide. "Emerging disclosure regime in criminal proceedings in Nigeria." Revista Acadêmica Escola Superior do Ministério Público do Ceará 10, no. 2 (December 14, 2018): 155–76. http://dx.doi.org/10.54275/raesmpce.v10i2.125.

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This article reviews the emerging disclosure regime in criminal proceedings in Nigeria and its future prospects. Until recently the Laws governing the administration of criminal justice in Nigeria contain very little provisions governing disclosure in criminal proceedings. The recent reform of the Administration of Criminal Justice Laws in Nigeria have also not addressed the need to provide adequate rules governing disclosure in criminal proceedings. The paper examines the provisions on disclosure obligations in criminal trials in Practice Directions of two Courts exercising criminal jurisdiction in Nigeria. The examination reveals that the provisions of the Practice Directions are designed to address case management issues and not specifically to regulate disclosure obligations of the prosecution and defence. The article charts the direction that the regulation of disclosure obligations in criminal proceedings in Nigeria should follow.

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Freilich, Joshua D., and Steven M. Chermak. "George Floyd protests and the criminal justice system." Criminology & Public Policy 21, no. 1 (February 2022): 3–7. http://dx.doi.org/10.1111/1745-9133.12577.

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35

Shikhovtsova, Albina Olegovna. "Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage." Юридические исследования, no. 4 (April 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.4.35375.

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The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.

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36

Mkami, Baraka, and Evaristo E. Longopa. "The DPP’s Supremacy in the Criminal Justice of Tanzania: Analysis of the Exercise of Nolle Prosequi." Eastern Africa Law Review 48, no. 2 (December 31, 2021): 1–26. http://dx.doi.org/10.56279/ealr.v48i2.1.

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The judiciary is the final and last authority in the dispensation of justice. Being the final authority in the dispensation of justice, the judiciary should have a say in every aspect relating to the administration of justice. Oddly, nolle prosequi, a power given to the Director of Public Prosecutions (DPP) appears to oust the supremacy of the judiciary in the dispensation of justice. This power makes the DPP supreme over and above the judiciary. This article aims at analyzing the power of the DPP to enter nolle prosequi and its legal implications in the administration of criminal justice of Tanzania. Fundamentally, the article reveals that, nolle prosequi is uncontrolled and hence, the power is prone to abuse. It is recommended that there is a need to entrench limitations through legislative frameworks including restrictions on reinstitution of criminal cases against the accused person based on the same facts after nolle prosequi has been entered. Keywords: Criminal Justice, Director of Public Prosecutions, Nolle Prosequi, Tanzania

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37

Edwards, Anne, and Melanie Heenan. "Rape Trials in Victoria: Gender, Socio-cultural Factors and Justice*." Australian & New Zealand Journal of Criminology 27, no. 3 (December 1994): 213–36. http://dx.doi.org/10.1177/000486589402700301.

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The criminal law with respect to rape continues to be a major focus of academic, feminist and community attention. Since the 1970s a number of reforms have been introduced into the statutes and procedures relating to the definition of rape and the conduct of rape cases in the courts. This paper reports on the results of a 1990 Melbourne study, involving first-hand observation and systematic written recording of the entire court proceedings in six rape trials. The intention was to examine the role extra-legal socio-cultural factors play in the presentation and interpretation of accounts given in court and the influence they have on the outcomes. The analysis explores in detail the influence of the following: use of physical force and resistance; alcohol; the victim's social, moral and particularly sexual character, and her relationship with the accused.

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38

Agbo, Festus Okpoto. "Examining the Role of Judicial Officers in Administering and Preventing Abuse of Plea Bargain as a Prosecutorial Strategy in Nigeria." Global Journal of Politics and Law Research 10, no. 3 (March 15, 2022): 33–49. http://dx.doi.org/10.37745/gjplr.2013/vol10n3pp3349.

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Stakeholders in administration of criminal justice system have been critical of the concept of plea bargain. The complaint is that it promotes corruption because of its leniency to corrupt politicians and fraudulent businessmen and women owing to its abuse. Some critics of plea bargain argue that a system of negotiated criminal justice undermines deterrence as one major aim of criminal sanctions. Others maintain that repeat offenders who are familiar with the workings of the criminal justice system are able to negotiate more favourable sentences than first offenders. Still, others view plea bargain as benefiting only the rich since the poor hardly negotiate their charges and sentences. This paper argues that since a trial court has the final say on plea bargain agreement, there is no logical basis for fear of its abuse by parties to it unless the judiciary also lends its courts to corrupt practices. Plea bargain is open to every offender with equal opportunity for legal representation. The paper examines the importance of plea bargain and the role of judicial officers in its implementation. It concludes that courts are firmly in control of trials based on negotiated pleas as well as regular criminal trials, and are able to guide against abuse of this vital prosecutorial strategy. The paper recommends, inter alia, inserting express provisions in the criminal procedural laws empowering judicial officers to bar parties to criminal proceedings and their representatives from abandoning negotiated pleas. Doctrinal method of research is used in collating and analysing relevant sections of the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), Administration of Criminal Justice Law of Lagos State 2021 (ACJL Lagos), the Administration of Criminal Justice Act 2015 (ACJA), judicial authorities, and learned articles.

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Gordilho, Heron José De Santana, and Kenneth Williams. "Introducing consensual criminal justice in Brazil." Revista Brasileira de Direitos Fundamentais & Justiça 11, no. 36 (June 30, 2017): 35–50. http://dx.doi.org/10.30899/dfj.v11i36.110.

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This article of law review makes a comparative study between the criminal systems of Brazil and the USA. Using the functional method focusing on similarities between the criminal legal systems of Brazil and the United States. it first examines the North American system, which is based on popular participation in the administration of justice and the consensual truth. The article reviews the principles of due process and substantive legal process from judicial interpretations of the US Supreme Court. This system has allowed the US 95% of criminal trails are resolved through negotiation between prosecution and defense, which makes the system faster, efficient and democratic, for allowing the accused to participate in the decision on the criminal sanction that will be reckoned. Finally, the author criticizes the Brazilian legislation, which from the Act n. 9099/95 introduced the consensual truth in the Brazilian criminal system to crimes punishable by up to two years in prison. The article proposes the extension of this legal institute for any type of crime.

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Findlay, Mark. "The Impact of Criminal Justice Administration on the Penal Sanction." Current Issues in Criminal Justice 3, no. 3 (March 1992): 339–48. http://dx.doi.org/10.1080/10345329.1992.12036538.

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Roy, Jaytilak Guha, and Yatish Mishra. "Criminal Justice Administration in India: Emerging Trends and Futuristic Introspection." Indian Journal of Public Administration 43, no. 3 (July 1997): 794–803. http://dx.doi.org/10.1177/0019556119970346.

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Maslennikova, L. N., and T. E. Sushina. "Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.

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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.

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Madeira, Lígia Mori, and Leonardo Geliski. "The Federal Justice act in combating corruption in Southern Brazil." Revista de Administração Pública 53, no. 6 (December 2019): 987–1010. http://dx.doi.org/10.1590/0034-761220180237x.

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Abstract This article studies the operation of the Federal Regional Court of the 4th Region (TRF4) in the fight against corruption crimes. Judgments produced by the TRF4 criminal courts between 2003 and 2016 underwent text analysis using the dictionary method, seeking to outline the profile of crimes and defendants. Despite the changes in the web accountability institutions, with the outbreak of major federal police operations, technological uses, new legal devices and a high degree of concentration between the agencies, there is a small proportion of grand corruption crime, involving middle and high-ranking bureaucrats and more sophisticated crimes with greater financial value. Crimes involving contraband and petty corruption take up much of the day to day of the judiciary in the south region of the country, at least in the criminal intermediate courts, where the judge appeals decisions coming from specialized and generalist criminal courts.

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BLUMSTEIN, ALFRED. "FEDERAL SUPPORT OF LOCAL CRIMINAL JUSTICE OPERATIONS*." Criminology & Public Policy 7, no. 3 (August 2008): 351–57. http://dx.doi.org/10.1111/j.1745-9133.2008.00513.x.

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Berk, Richard, and Ayya A. Elzarka. "Almost politically acceptable criminal justice risk assessment." Criminology & Public Policy 19, no. 4 (August 11, 2020): 1231–57. http://dx.doi.org/10.1111/1745-9133.12500.

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Olokooba, Saka Muhammed, and M. K. Adebayo. "PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA." Agora International Journal of Juridical Sciences 8, no. 4 (November 23, 2014): 139–48. http://dx.doi.org/10.15837/aijjs.v8i4.1613.

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Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed.

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Moorer, Regina. "Advancing Social Equity: Examining the Impact of Gender, Place, and Race on Criminal Justice Administration in Alabama." Journal of Public and Nonprofit Affairs 7, no. 2 (August 1, 2021): 283–92. http://dx.doi.org/10.20899/jpna.7.2.283-292.

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This article explores how the intersections of gender, place, and race impact the socially equitable application of criminal justice administration in Alabama. Specifically, most re-entry programs fail to address the varied and unique post-carceral needs of Black women. As such, this work examines the obstacles and opportunities for non-profit re-entry program administrators who seek to uphold the civil and human rights of Black women and highlights best practices in providing meaningful re-entry and reintegration services to women from historically under-resourced communities. Using social equity’s theoretical principles in criminal justice, this article spotlights Alabama’s re-entry programs and explores what occurs at the juncture of social equity, community-based criminal justice administration, and recidivism; this article also illustrates the interconnectedness of these three concepts.

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Hussain, Amjad, Saeed Akhtar, and Muhammad Hassan. "Studying the Causes of Delay in Criminal Trials under the Criminal Justice System of Pakistan." Global Sociological Review VI, no. II (June 30, 2021): 52–58. http://dx.doi.org/10.31703/gsr.2021(vi-ii).07.

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The present study aims to identify the causes of delay regarding the criminal trials under the criminal justice system of Pakistan. A society cannot survive where the justice system does not respond to wrongs in time. An inefficient justice system not only jiggles the confidence of people but also creates unrest among the people. On one hand, it loses its efficacy, and on the other, it promotes the culture of private vengeance. The Criminal Procedure Code1898 (CRPC) expressly states that when the cognizable offense is reported to the police for lodging First Information Report (FIR) under section 154 of CRPC. The police is legally bound to lodge FIR and initiate an investigation in terms of recording statements and collecting evidence to fix the responsibility within the stipulated time, if any. However, the study indicates that there are ample reasons for causing a delay in criminal justice for the administration of justice sternly.Further, Study also reveals that lack of provision of security to participants in the criminal justice system is also one of the reasons for causing the delay. Moreover, the researchers have adopted doctrinal research methods by using primary and secondary sources and suggested certain recommendations to remove the inappropriate delay in the criminal justice system of Pakistan.

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Friedland, Martin L., and Kent Roach. "Borderline Justice: Choosing Juries in the Two Niagaras." Israel Law Review 31, no. 1-3 (1997): 120–58. http://dx.doi.org/10.1017/s0021223700015260.

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This paper examines the use of juries in criminal cases in Canada and the United States. It is part of a larger study of the administration of criminal justice in Niagara County, Ontario and Niagara County, New York. The basic question examined is why persons accused of serious crimes in the United States usually select a jury, whereas persons in similar circumstances in Canada normally select trial by a judge alone. An investigation of this question will enable us to see some significant differences between the administration of criminal justice in the United States and Canada. It will also show how changes in specific procedural rules may affect other practices. There is a complex interplay between procedural rules. The paper concludes by showing that the widespread use of juries in the United States is consistent with the more populist grass-roots approach in American society which tends to distrust government, compared with the traditional respect for authority, including the authority of judges, in Canada.

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Rasdi, Rasdi, Pujiyono Pujiyono, Nur Rochaeti, and Rehulina Rehulina. "Reformulation of the Criminal Justice System for Children in Conflict Based on Pancasila Justice." Lex Scientia Law Review 6, no. 2 (December 20, 2022): 479–518. http://dx.doi.org/10.15294/lesrev.v6i2.58320.

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The writing of this paper aims to examine the policy of the criminal justice system for children in conflict with the law and reformulation of the criminal justice system for children in conflict with the Pancasila justice. The main problem in writing this paper is that why it is considered important to reform the criminal justice system for children in conflict with the law based on Pancasila justice? This study uses secondary data by analyzing the laws of the juvenile justice system in Indonesia and comparing them to the laws and regulations regarding the juvenile justice system in Greece and Yoslavia. The results of the study found that the age requirement for criminal responsibility for children is too low, namely 12 (twelve) years and the terms of diversion, that the threat of criminal acts that can be carried out by diversion and not repetition of criminal acts is not in line with the aim of diversion, namely to prosper and achieve the best interests of children such as recommended by the Convention on the Right of the Child and The Beijing Rules. Therefore, it is important to reformulate/reformulate immediately regarding these diversion requirements. The conclusion of this paper emphasizes the importance of reformulating the criminal justice system for children in conflict with the law (the criminal child) based on Pancasila justice.

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