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Relevant bibliographies by topics / Criminal justice system; Capital convictions

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Academic literature on the topic 'Criminal justice system; Capital convictions'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Criminal justice system; Capital convictions"

1

Fuller, Jacqueline. "The David Eastman case: The use of inquiries to investigate miscarriages of justice in Australia." Alternative Law Journal 45, no. 1 (November 4, 2019): 60–65. http://dx.doi.org/10.1177/1037969x19886348.

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The wrongful conviction of David Harold Eastman in the Australian Capital Territory represents one of Australia’s most recent and high-profile public failures of the criminal justice system and highlights the limits of the Australian legal system. Further, the Eastman case draws into question the use of inquiries into miscarriages of justice, particularly when an inquiry’s recommendations can be disregarded by governments (as it was in this instance). This article provides an overview of the Eastman case and critically evaluates how it sheds light on the use of inquiries as an avenue to investigate and correct wrongful convictions more broadly in Australia.

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Beattie, J. M. "The Royal Pardon and Criminal Procedure in Early Modern England." Historical Papers 22, no. 1 (April 26, 2006): 9–22. http://dx.doi.org/10.7202/030962ar.

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Abstract The study of the royal power of pardon illuminates the English criminal justice system, particularly in the eighteenth century. Pardons granted on condition of transportation acted as a counterbalance to the harshness of the “Bloody Code”, notably after 1689 when a considerable increase in the number of capital statutes threatened a vast rise in executions. The documents generated by the pardon process, especially petitions and judges' reports, suggest the boundaries within which the royal authority was exercised and the relative weight given to the nature of the offence, the character of the accused and the influence of the social and political elite. A study of those who were pardoned and those on the other hand who were hanged reveals that the overriding aim of those who administered the criminal law was to interpret and enforce the law so as to enhance its terror while underlining the king's justice and humanity. The royal power of pardon was an essential element in that administration of the law. During the late-eighteenth and early-nineteenth centuries, the convictions and attitudes which supported the criminal justice system came under scrutiny, and the cruelty and capriciousness of capital punishment was the subject of particular criticism. The reform of the law in the early decades of the nineteenth century sharply curtailed the role that the royal pardon had played in the administration of justice for several centuries.

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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.

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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.

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Dowling, Rhiannon. "“The Case of Two Boys,” Gender, and Justice in Late Soviet Russia." Russian History 43, no. 3-4 (December 30, 2016): 245–74. http://dx.doi.org/10.1163/18763316-04304003.

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This article examines a criminal case from 1966–1969 concerning a crime that took place in 1965 in the town of Izmalkovo outside of Moscow. Two young men were charged and eventually acquitted for the rape and murder of their female classmate. Their trial drew the attention of jurists and journalists from the capital, as well as scrutiny from the highest judicial and party organs in addition to the ire of local villagers. Two accounts remain of the trial: one written in 1969 by a Moscow journalist, Olga Chaikovskaia, well-known for her writings on crime and law throughout the late Soviet period, and the other penned over a decade later by Dina Kaminskaia, one of the defense lawyers in the trial and later notorious for her advocacy on behalf of prominent dissidents. Both of these women, in describing their defense of the young men, employed gendered conceptions of justice and legality in order to criticize or condemn the Soviet justice system and its agents. And yet Kaminskaia’s and Chaikovskaia’s narratives reveal that, in spite of deep divisions between people from different classes, localities, and with disparate education levels, both urban intelligentsia elite women and the simple village women who heartily opposed them could still have a remarkable degree of faith in the criminal justice system well into the era of “stagnation.” What interested the women from the capital in this case was their perception that the highest organs of Soviet power were involved in these boys’ prosecution, and that their convictions were a foregone conclusion. What kept them coming back to Izmalkovo after repeated set-backs, was the hope that, with the right arguments and evidence, and in spite of the political bias working against them, that justice could nonetheless be achieved for the boys. On this count, they were correct.

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Huijun, Xu. "Using sentencing evidence to effectively establish the balanced application of the death penalty in China." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 143–57. http://dx.doi.org/10.1177/1365712716674802.

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Whether a death sentence is fair or not is an fundamental question for a country’s criminal justice system, yet in practice, similar cases still occasionally receive differing judgments. In response to this problem, this paper has proposed to take sentencing evidence as the breakthrough for the balanced application of death penalty. This paper begins by analysing written judgments from 40 cases, which involve 69 individuals and have been sampled from all those archived under the Gazettes section by the Beidafabao,1 Peking University Centre for Legal Information. This analysis provides considerable insight into the type of sentencing evidence admitted in capital cases, as well as the impact that principal evidence has on where death sentences are imposed. Next, in accordance with the basic problems of evidence law, this paper separates out sentencing evidence of capital cases from conventional theories that confuse it with convictions. Taking sentencing evidence as the core, the objective of the empirical analysis and theoretical discussion is to establish guidelines as well as a policy analysis for capital cases in China in the future.

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Koppl, Roger, and Meghan Sacks. "The Criminal Justice System Creates Incentives for False Convictions." Criminal Justice Ethics 32, no. 2 (August 2013): 126–62. http://dx.doi.org/10.1080/0731129x.2013.817070.

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Kruse, Katherine R. "Wrongful Convictions and Upstream Reform in the Criminal Justice System." Texas A&M Law Review 3, no. 2 (September 2015): 367–93. http://dx.doi.org/10.37419/lr.v3.i2.5.

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The DNA exonerations of the late twentieth century spawned a reform movement arguably as influential in the American criminal justice system as the Warren Court criminal procedure revolution. The goal of innocence reform is to prevent wrongful convictions by increasing the reliability of criminal justice system operations. A basic tenet of the adversary system of justice is that an adversary trial will expose and correct factual errors with procedural tools, such as the exclusion of unreliable evidence, vigorous cross-examination of witnesses, and the introduction of expert testimony. However, DNA exonerations have undermined faith in the capacity of the adversary trial system to produce reliable results—shifting the focus “upstream” in the criminal justice system to earlier stages of law enforcement investigations. Upstream reforms target law enforcement investigative practices for improvements that will reduce or eliminate the production of unreliable evidence that will later need to be excluded, attacked, or explained at trial.

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Doyle, James. "Innocence and Prevention." Wrongful Conviction Law Review 1, no. 2 (September 15, 2020): 253–69. http://dx.doi.org/10.29173/wclawr19.

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Some contemporary writers argue that wrongful convictions represent system failures in a complex criminal justice system. Currently explorations are underway into whether pursuit of non-blaming, all-stakeholders, forward-looking “sentinel event” reviews focused on lowering risk rather than laying blame can improve safety from wrongful convictions. This article reviews the underlying theory of safety-based practices and sketches one model of how work on preventing wrongful convictions might be institutionalized: made a part of a new culture of continuous improvement that lowers the risk of future wrongful convictions and offers a degree of restorative justice to the victims of errors.

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Porter, Wes Reber. "Threaten Sentencing Enhancement, Coerce Plea, (Wash, Rinse,) Repeat." Texas A&M Law Review 3, no. 2 (September 2015): 261–302. http://dx.doi.org/10.37419/lr.v3.i2.3.

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Our American criminal justice system is too often described as broken. It was not a clean break in a single, isolated location. Instead, our criminal justice system suffers from many, many little nicks, bumps, and bruises at the hands of its keepers. The evolution of sentencing enhancements within our criminal justice system represents the latest nagging, reoccurring injury. In the ultimate Trojan horse to criminal defendants, the Supreme Court sought to protect the individual rights of the accused with its recent decisions on sentencing enhancements. But at the hands of lawmakers, the judiciary, and prosecutors, criminal defendants suffer more. Our criminal justice system also suffers from practices related to sentencing enhancements and the resulting wave of wrongful convictions by guilty plea.

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Laudan, Larry. "The Elementary Epistemic Arithmetic of Criminal Justice." Episteme 5, no. 3 (October 2008): 282–94. http://dx.doi.org/10.3366/e1742360008000397.

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This paper propounds the following theses: 1). that the traditional focus on the Blackstone ratio of errors as a device for setting the criminal standard of proof is ill-conceived, 2). that the preoccupation with the rate of false convictions in criminal trials is myopic, and 3). that the key ratio of interest, in judging the political morality of a system of criminal justice, involves the relation between the risk that an innocent person runs of being falsely convicted of a serious crime and the risk of being criminally victimized by someone who was falsely acquitted.

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Dissertations / Theses on the topic "Criminal justice system; Capital convictions"

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Bars, Jennifer Ann. "Defining murder in Victorian London : an analysis of cases 1862-1892." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.244118.

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Erisman, Sally. "Killing Women: A Critical Study of Gender Equality in the U.S. Criminal Justice System Regarding the Most Severe Form of Punishment." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23044.

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About 1 in 10 murders in the United States are committed by a woman. Meanwhile, only about 1 in 50 death row inmates are women. This initially suggests that women are favored in capital cases. There have been two predominant viewpoints attempting to explain the statistical imbalance: on the one hand there is Rapaport’s theory of gender-related crime in relation to existing legal directives on what warrants a capital sentence; and on the other hand is Streib’s theory of chivalry, that women are receiving lenient treatment in capital cases because they are women. This study has examined both theories, and tested their validity, by analyzing statistics and other material supporting or opposing their respective claims. The entire study has been carried out through a feminist theoretical perspective, questioning how “gender” plays an active part in capital cases, and relating committed crime to the victim, subsequently finding that even though Rapaport and Streib advance different theories, neither theory supports a claim that favoritism is incorrect.

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Freston, Rodrigo Braga. "Combate ao crime organizado: um estudo do PCC e das instituições do sistema de justiça criminal." Universidade Federal de São Carlos, 2010. https://repositorio.ufscar.br/handle/ufscar/976.

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Made available in DSpace on 2016-06-02T19:14:53Z (GMT). No. of bitstreams: 1 3026.pdf: 787544 bytes, checksum: c8f4e87ba140a995dfd98e384f44f5ad (MD5) Previous issue date: 2010-03-04
The purpose of our research is to study the characteristics and actions of the group known as Primeiro Comando da Capital (PCC), in their relations with the institutions of the criminal justice system (police subsystem and criminal justice, execution, and administration), and the ramifications of the series of attacks perpetrated by that organization between May and August of 2006. At first, we give a theoretical analysis of the police apparatus and organized crime to, in turn, investigate the emergence, structure, activities, and objectives of PCC. We also focus on the series of attacks on these dates, on their effects on the criminal organization and, above all, on the public institutions who combat them. We compare these institutions evolution and the relationship between them, attempting to establish the degree to which the series of attacks became a catalyst for institutional change and in what way it allowed for a greater approximation between the institutions that are a part of this system.
O propósito de nossa pesquisa é estudar as características e a atuação do grupo conhecido como Primeiro Comando da Capital (PCC), em sua relação com as instituições do sistema de justiça criminal (subsistemas policial e de justiça, execução e administração penal), assim como os desdobramentos da onda de ataques levada a cabo por aquela organização de maio a agosto de 2006. De início, procuramos realizar uma análise teórica do aparelho policial e do crime organizado para, em seguida, investigarmos o surgimento, estrutura, atividades e objetivos do PCC. Também focamos a onda de ataques comandada pelo PCC naquela data e os efeitos que esta teve sobre essa organização criminosa e, sobretudo, sobre as instituições públicas que travaram combate contra essa facção. Comparamos a evolução das instituições do sistema de justiça criminal e as relações que mantêm entre si, procurando estabelecer em que medida a onda de ataques serviu como catalisador de mudanças institucionais e de que forma ela possibilitou uma maior aproximação entre as instituições que compõem aquele sistema.

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4

Burns, Jaime Lynn. "Families of homicide victims speak an examination of perceptions of the criminal justice system and capital punishment /." 2006. http://digital.library.okstate.edu/etd/umi-okstate-1785.pdf.

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MacInnis, Ashley. ""Tools to Live": Using Community-Engaged Scholarship to Assess the Role of a Canadian Non-Profit Organization in Serving Persons with Mental Health Issues and Concurrent Disorders." Thesis, 2012. http://hdl.handle.net/10214/3921.

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Ample empirical evidence highlights the significant prevalence of persons with mental health issues and concurrent disorders involved in the criminal justice system. This population frequently uses services provided by community based non-profit organizations for aid and support. Yet, there is a dearth of research that addresses the prevalence of mental health issues and concurrent disorders amongst those served by such organizations, and the barriers to community reintegration that they face. Focusing on the prevalence of mental health issues and concurrent disorders among individuals involved or at risk of involvement in the criminal justice system, the John Howard Society of Waterloo-Wellington and the University of Guelph embarked upon a mixed-methods community-engaged research partnership. Information for the clients in the ‘Community Aftercare’ program was collected in relation to mental health issues and concurrent disorders. Our data reveal the ‘typical’ profile of the clients accessing the Aftercare program, which includes a high prevalence of mental health issues and concurrent disorders. Further, interviews identified stigma, history of victimization, complex needs, criminal history, diminished welfare state, and a lack of social support/social capital as barriers faced by the Aftercare clients. The Aftercare program, however, acts as a form of social support and builds social capital for the clients. A lack of adequate funding to address the complex needs of the Aftercare clients was identified as a program limitation, and the findings revealed a need for additional funding.

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Books on the topic "Criminal justice system; Capital convictions"

1

Canada. Library of Parliament. Research Branch. Wrongful convictions in the criminal justice system. [Ottawa]: Library of Parliament, Research Branch, 1992.

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Canada. Library of Parliament. Research Branch., ed. Wrongful convictions in the criminal justice system. Ottawa, Ont: Library of Parliament, Research Branch, 1992.

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3

Gould, Jon B. The Innocence Commission: Preventing wrongful convictions and restoring the criminal justice system. New York: New York University Press, 2007.

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4

L, Radelet Michael, ed. Executing the mentally ill: The criminal justice system and the case of Alvin Ford. Newbury Park, Calif: Sage Publications, 1993.

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5

United, States Congress Senate Committee on the Judiciary Subcommittee on the Constitution Federalism and Property Rights. Racial and geographic disparities in the federal death penalty system: Hearing before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, first session, June 13, 2001. Washington: U.S. G.P.O., 2002.

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Racial and geographic disparities in the federal death penalty system: Hearing before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, first session, June 13, 2001. Washington: U.S. G.P.O., 2002.

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7

Robbins, Ira P. Toward a more just and effective system of review in state death penalty cases: A report containing the American Bar Association's recommendations concerning death penalty Habeas Corpus and related materials from the American Bar Association Criminal Justice Section's project on death penalty Habeas Corpus. Chicago, Ill: American Bar Association, 1990.

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American Bar Association. Task Force on Death Penalty Habeas Corpus., ed. Toward a more just and effective system of review in state death penalty cases: A report containing the American Bar Association's recommendations concerning death penalty Habeas Corpus and related materials from the American Bar Association Criminal Justice Section's project on death penalty Habeas Corpus. Chicago, Ill: American Bar Association, 1990.

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9

Canada. Bill: An act to provide for imprisonment in certain cases of summary convictions. Ottawa: Hunter, Rose, 2001.

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Grisham, John. The innocent man: Murder and injustice in a small town. New York: Random House Large Print, 2006.

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Book chapters on the topic "Criminal justice system; Capital convictions"

1

Gilliéron, Gwladys. "Wrongful Convictions in the Inquisitorial System." In Encyclopedia of Criminology and Criminal Justice, 5576–84. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-5690-2_158.

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Bennett, Rachel E. "Capital Punishment and the Scottish Criminal Justice System." In Capital Punishment and the Criminal Corpse in Scotland, 1740–1834, 29–57. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-62018-3_2.

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Roberts, Julian V. "1. Introducing criminal justice." In Criminal Justice: A Very Short Introduction, 1–17. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780198716495.003.0001.

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The criminal justice system (CJS) is wide-ranging and involves numerous components and professionals. ‘Introducing criminal justice’ outlines the objectives of criminal justice; how crime can be punished and prevented; the key principles of criminal justice; the two contrasting models of criminal justice—the adversarial model and the inquisitorial model; the various components of the CJS—police, prosecution, judiciary, prisons, probation, and parole; the limits on the power of the CJS; discretion in criminal justice decision-making; the limits on the effectiveness of criminal justice; and criminal injustice through wrongful convictions, wrongful acquittals, over or under punishment, or discrimination.

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Hernández, Tanya Katerí. "Multiracial Discrimination in the Criminal Justice System." In Multiracials and Civil Rights, 76–90. NYU Press, 2018. http://dx.doi.org/10.18574/nyu/9781479830329.003.0005.

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When mixed-race persons are removed from society because they have either been arrested or convicted of a criminal offense, the criminal justice system they enter is not devoid of racial hierarchy. In fact, there are ways in which the criminal justice system is even more explicitly racially stratified with whites as the bulk of law enforcement officers and non-whites as the disproportionate portion of arrestees and inmates. Ninety percent of those admitted to prison for drug offenses in many states are black and/or Latino, and convictions for drug offenses have been identified as the single most important cause of the explosion in incarceration rates in the United States. It is thus noteworthy to observe that mixed-race arrestees and prisoners describe their experiences of discrimination in ways that parallel the white versus non-white binary found in all other multiracial discrimination contexts.

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"Privacy and Data Protection in Police Investigations, Court Proceedings and Spent Convictions." In Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook. Bloomsbury Professional, 2019. http://dx.doi.org/10.5040/9781526507020.chapter-013.

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"Applications under the Protection of Freedoms Act 2012 to Disregard Certain Historic Convictions for Consensual Homosexual Activity." In Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook. Bloomsbury Professional, 2019. http://dx.doi.org/10.5040/9781526507020.chapter-007.

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"The Publication of Information about Offending and Convictions – General Principles of the Law of Privacy and Data Protection." In Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook. Bloomsbury Professional, 2019. http://dx.doi.org/10.5040/9781526507020.chapter-012.

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Bibas, Stephanos. "Improve, Dynamite, or Dissolve the Criminal Regulatory State?" In The New Criminal Justice Thinking. NYU Press, 2017. http://dx.doi.org/10.18574/nyu/9781479831548.003.0004.

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In this chapter, Stephanos Bibas responds to Rachel Barkow’s essay. He argues that the criminal law is supposed to be normatively distinctive, and contests Barkow’s primary conceptual move in which the penal apparatus loses its special status as an adjudicator of moral culpability and becomes just another agency like the Department of Health and Human Services. While acknowledging that the modern penal state has in practice lost much of its moral compass and connection to public values, this chapter argues that we should fight rather than embrace this trend, and attempt instead to “return [the system] to its roots as a popular morality play.” Bibas argues that we once had—and could have again—a more morally grounded, communitarian, and transparent model of criminal justice in which convictions are more tightly linked to individual culpability and community values.

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Natapoff, Alexandra. "The Penal Pyramid." In The New Criminal Justice Thinking. NYU Press, 2017. http://dx.doi.org/10.18574/nyu/9781479831548.003.0005.

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In this chapter, Alexandra Natapoff conceptualizes the criminal system as a “pyramid” in order to capture how formal rules sometimes determine processes and outcomes while often social factors such as race and class are more influential. The top of the pyramid represents serious felonies, the federal system, wealthy defendants, and the relatively small class of cases governed by a reasonably functional rule of law. By contrast, further down the pyramid, cases get pettier, defendants poorer, and counsel more burdened. By the time we reach the massive bottom—the realm of petty offenses and assembly-line courts—race, class, police arrest policies, and prosecutorial plea-bargaining habits best explain criminal outcomes and procedures. The chapter traces this dynamic to concrete doctrinal and policy choices. As Natapoff writes, “the pyramid . . . illustrates a profound feature of the penal system: sometimes criminal convictions can fairly be justified as a product of law and evidence, while sometimes they are better understood as a product of institutional practices and inegalitarian social relations.”

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Winfield, Richard Dien. "On Capital Punishment." In Social Work, Criminal Justice, and the Death Penalty, 63–74. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190937232.003.0006.

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This chapter offers a philosophical discussion of capital punishment from the Western tradition, invoking arguments made by Plato, Aristotle, Hobbes, Locke, Rousseau, Kant, and Hegel. Many have questioned the legitimacy of capital punishment in a legal system that fails to provide every legal subject with equal treatment. Whereas we can suspend imprisonment if justice has been miscarried, execution deprives its victim of any remedy in this life. This chapter challenges three grounds offered in the Western philosophical tradition for supporting capital punishment: (a) only a death sentence can save our community from incorrigibly evil perpetrators, as well as save them from themselves, (b) people who commit crimes are outlaws in the radical sense of the term, placing themselves outside the legal order as enemies of the state, which must defend itself by making war upon them, and (c) the only penalty appropriate for the crime of murder is capital punishment.

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