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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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Mou, Yu. "Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China." Amicus Curiae 2, no. 2 (March 1, 2021): 261–67. http://dx.doi.org/10.14296/ac.v2i2.5258.
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Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms.
Keywords: miscarriages of justice; China; criminal justice; case construction.
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Harmon, Talia Roitberg. "The Innocence Commission: Preventing Wrongful Convictions and Restoring the Criminal Justice System." Contemporary Sociology: A Journal of Reviews 38, no. 3 (May 2009): 250–51. http://dx.doi.org/10.1177/009430610903800324.
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Clark, Steven E., Aaron S. Benjamin, John T. Wixted, Laura Mickes, and Scott D. Gronlund. "Eyewitness Identification and the Accuracy of the Criminal Justice System." Policy Insights from the Behavioral and Brain Sciences 2, no. 1 (October 2015): 175–86. http://dx.doi.org/10.1177/2372732215602267.
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This article addresses the problem of eyewitness identification errors that can lead to false convictions of the innocent and false acquittals of the guilty. At the heart of our analysis based on signal detection theory is the separation of diagnostic accuracy—the ability to discriminate between those who are guilty versus those who are innocent—from the consideration of the relative costs associated with different kinds of errors. Application of this theory suggests that current recommendations for reforms have conflated diagnostic accuracy with the evaluation of costs in such a way as to reduce the accuracy of identification evidence and the accuracy of adjudicative outcomes. Our framework points to a revision in recommended procedures and a framework for policy analysis.
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Jaya, Akalafikta, Triono Eddy, and Alpi Sahari. "Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (August 8, 2020): 78–84. http://dx.doi.org/10.34007/jehss.v3i1.196.
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In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.
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Hallett, Nicholas, Nadine Smit, and Keith Rix. "Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales." BJPsych Advances 25, no. 4 (April 8, 2019): 251–64. http://dx.doi.org/10.1192/bja.2019.11.
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SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.
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Neely Jr., Phillip R., and Joseph Cillo JD. "POLICE INTEGRITY IN THE COURTROOM WHEN TESTIFYING." International Journal of Research -GRANTHAALAYAH 7, no. 8 (August 31, 2019): 287–91. http://dx.doi.org/10.29121/granthaalayah.v7.i8.2019.671.
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The integrity of police when testifying in the courtroom is critical for the trust, confidence, and reputation of both the police force and the criminal justice system. Despite this, however, perjury is a major problem affecting the criminal justice system as can be evident from its high preference across jurisdictions in the entire nation. In addition, it is a real concern to the ability of the criminal justice system to deliver justice to all in the society. However, perjury is a complex problem to deal with due to the ethical nature of different influencers. The influencers range from strict requirements on the rights of defendants for the police to comply with to the inherent demand on officers to ensure successful convictions and implied support by court officials, prosecution, and police departments within the criminal justice system. Accordingly, the collaboration of the different stakeholders in this problem of justice remains a promising solution.
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Carmichael, Jason T., and Stephanie L. Kent. "The Racial Politics of Due Process Protection." Criminal Justice Review 42, no. 1 (January 11, 2017): 58–76. http://dx.doi.org/10.1177/0734016816684925.
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Discoveries of wrongful convictions have increased substantially over the last several decades. During this period, practitioners and scholars have been advocating for the adoption of policies aimed at reducing the likelihood of convicting a person for a crime they did not commit. Implementing such policies are vitally important not only because they help ensure that the innocent do not receive unwarranted sanctions or that the guilty go unpunished but also because cases of wrongful conviction can erode public confidence in the criminal justice system and trust in the rule of law. To avoid such outcomes, many states have adopted policies through legislation that aim to reduce system errors. It remains unclear, however, why some states appear more willing to provide due process protections against wrongful convictions than others. Findings suggest that dimensions of racial politics may help explain the reluctance of some states to adopt protections against wrongful convictions. Specifically, interaction terms show that states with a Republican governor and a large African American population are the least likely to adopt policies aimed at protecting against wrongful convictions. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies.
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Shannon, Lisa M., Afton Jackson Jones, Jennifer Newell, and Connie Neal. "Examining the Impact of Prior Criminal Justice History on 2-Year Recidivism Rates: A Comparison of Drug Court Participants and Program Referrals." International Journal of Offender Therapy and Comparative Criminology 62, no. 2 (April 28, 2016): 291–312. http://dx.doi.org/10.1177/0306624x16645323.
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Drug courts seek to break the cycle of substance use and crime by providing a community-based intervention to individuals with criminal justice involvement and substance-related issues. This study examined recidivism over a 2-year follow-up period as well as factors associated with recidivism for a sample of drug court participants (i.e., graduates and terminators) and a non-equivalent comparison group (i.e., individuals referred/assessed for the program who did not enter). In the 2-year follow-up window, fewer drug court graduates had any convictions compared with program terminators and referrals; specifically, fewer drug court graduates had drug trafficking convictions compared with program terminators and referrals. Fewer graduates were arrested and incarcerated in jail and/or prison in the 2-year follow-up; furthermore, graduates had spent less time incarcerated compared with program terminators and referrals. Demographics (i.e., age, race, marital status) and prior criminal justice system involvement were associated with recidivism; however, these factors had differential impacts for the three groups (i.e., graduates, terminators, and referrals). Drug court shows promise as a community-based intervention that helps keep individuals out of the criminal justice system during a 2-year follow-up period.
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Cramer, Ryan, Sarah Hexem, Kelly Thompson, Archana Bodas LaPollo, Harrell W. Chesson, and Jami S. Leichliter. "State policies in the United States impacting drug-related convictions and their consequences in 2015." Drug Science, Policy and Law 5 (January 2019): 205032451986349. http://dx.doi.org/10.1177/2050324519863491.
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Background: Criminal justice system involvement has been associated with health issues, including sexually transmitted disease. Both incarceration and sexually transmitted disease share associations with various social conditions, including poverty, stigma, and drug use. Methods: United States state laws (including Washington, D.C.) regarding drug possession and consequences of drug-related criminal convictions were collected and coded. Drug possession policies focused on mandatory sentences for possession of marijuana, crack cocaine and methamphetamines. Consequences of drug-related convictions included ineligibility for public programmes, ineligibility for occupational licences and whether employers may ask prospective employees about criminal history. We analysed correlations between state sexually transmitted disease rates and percentage of a state's population convicted of a felony. Results: First-time possession of marijuana results in mandatory incarceration in one state; first-time possession of crack cocaine or methamphetamines results in mandatory incarceration in 12 (23.5%) states. Many states provide enhanced punishment upon a third possession conviction. A felony drug conviction results in mandatory ineligibility for the Supplemental Nutrition Assistance Program and/or Temporary Assistance for Needy Families in 17 (33.3%) states. Nine (17.6%) states prohibit criminal history questions on job applications. Criminal convictions limit eligibility for various professional licences in all states. State chlamydia, gonorrhoea and syphilis rates were positively associated with the percentage of the state population convicted of a felony ( p < 0.05). Conclusion: While associations between crime, poverty, stigma and health have been investigated, our findings could be used to investigate the relationship between the likelihood of criminal justice system interactions, their consequences and public health outcomes including sexually transmitted disease risk.
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Lowrey-Kinberg, Belén, Samantha L. Senn, Katherine Dunn, Jon B. Gould, and Katie Hail-Jares. "Origin of Implication: How Do Innocent Individuals Enter the Criminal Justice System?" Crime & Delinquency 65, no. 14 (September 11, 2018): 1949–75. http://dx.doi.org/10.1177/0011128718793618.
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Drawing from the investigative policing literature, we develop a typology for how innocent defendants become suspects in criminal investigations. We use the Preventing Wrongful Convictions Project (PWCP) dataset and multivariate modeling to examine the case and defendant characteristics that predict how an innocent defendant became a suspect. We found that investigators identify suspects in eight primary ways. The most common in the PWCP dataset were victim/eyewitness identification, citizen identification, and intentional misidentification. Defendant’s race, age, criminal history, relationship to the victim, cognitive/mental status, and whether the victim survived were strongly associated with an innocent defendant’s origin of implication. These results illuminate how tunnel vision begins in cases with innocent defendants, and how police practices may prevent innocent individuals from becoming suspects.
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Taylor, Paul. "Capital Punishment: A Hazard to a Sustainable Criminal Justice System?" Statute Law Review 36, no. 3 (July 1, 2015): 303–5. http://dx.doi.org/10.1093/slr/hmv013.
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Hellqvist, Sara. "The Narrow Road to Exoneration - the Incidence, Characteristics and Outcomes of Wrongful Conviction Claims in Sweden over a One-Year Period." Bergen Journal of Criminal Law & Criminal Justice 5, no. 2 (February 5, 2018): 131. http://dx.doi.org/10.15845/bjclcj.v5i2.1461.
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One way of investigating the phenomenon of wrongful convictions is to study the road to exoneration. In some respects, the post-conviction review process lies at the heart of the wrongful conviction issue, since this is where alleged miscarriages of justice are either acknowledged or rejected. However, the number and characteristics of the criminal cases that pass through the Swedish post-conviction review process are unknown. Against this background, the overarching objective of the present article is to provide an empirical basis for an informed discussion of wrongful convictions. More specifically, this article examines wrongful conviction claims and the judicial outcomes of these claims over a one-year period. The findings are discussed in relation to the view that the operation of the post-conviction process may be understood as a means by which the legal system may preserve its legitimacy. It is also discussed why there is a need for more transparency in this particular part of the criminal justice system.
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Lupária, Luca, and Chiara Greco. "Unveiling Wrongful Convictions Between the U.S. and Italy." Wrongful Conviction Law Review 1, no. 1 (May 12, 2020): 101–23. http://dx.doi.org/10.29173/wclawr12.
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This paper focuses on the issue of wrongful convictions as it emerged in the US during the nineties and subsequently gained attention throughout Europe. The first paragraph focuses on the factors that have brought the issue of wrongful convictions to light and on the impact that the US experience has had on the European Criminal Systems’ acknowledgment of the problem. The second paragraph suggests that the perspective of the Italian jurist might be privileged when confronted with the topic of wrongful convictions, as the Italian criminal justice system was designed to combine the best aspects of both inquisitorial and adversarial systems. For this reason, one would expect the Italian system as generating few wrongful convictions. Facts and figures, however, do not support this expectation. The third paragraph therefore focuses on those that might be the main causes for wrongful convictions within the Italian system, and it subsequently points out one major flaw of the Italian approach to the issue of wrongful convictions: the absence of a national database providing detailed information on previous cases of wrongful convictions. The paper then takes the US National Registry of Exonerations and the establishment of CIUs as positive examples from which Italy should learn. The conclusive paragraph highlights one positive aspect of the Italian system, i.e. the limitations to plea bargaining, and suggests that they might be taken as an example in other countries’ reforms of such mechanism.
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Weathered, Lynne. "Does Australia Need a Specific Institution to Correct Wrongful Convictions?" Australian & New Zealand Journal of Criminology 40, no. 2 (August 2007): 179–98. http://dx.doi.org/10.1375/acri.40.2.179.
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In recent years, hundreds of people have been exonerated overseas after demonstrating that they were wrongly convicted of crimes for which they spent many years in prison, and these are only the ones uncovered to date. Australia has its own sampling of known wrongful convictions. England, Canada and the United States have introduced different mechanisms to address in some fashion, the facilitation of exonerations. This article considers the current situation for the wrongly convicted in Australia, placing it within this international context. This comparison will demonstrate that Australia has fallen behind these other common law countries by failing to deliver new mechanisms, establish new bodies or incorporate new avenues that would enable the correction of wrongful conviction to occur. Wrongful conviction must now be recognised as an unenviable but inevitable part of any criminal justice system and a problem that should not be tolerated. Australia's criminal justice system must meet the challenge to update its provisions rather than continue to proceed under provisions other countries have identified as failing to meet the needs of the wrongly convicted.
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Leo, Richard A. "The Criminology of Wrongful Conviction." Journal of Contemporary Criminal Justice 33, no. 1 (October 22, 2016): 82–106. http://dx.doi.org/10.1177/1043986216673013.
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This article reflects on the author’s 2005 article, “Rethinking the Study of Miscarriages of Justice,” which sought to describe what scholars empirically knew at that time about the phenomenon, causes, and consequences of wrongful convictions in America. The 2005 article argued that the study of wrongful convictions constituted a coherent academic field of study and set forth a vision for a more sophisticated, insightful, and generalizable criminology of wrongful conviction. In this current article, the author revisits the ideas first developed in “Rethinking the Study of Miscarriages of Justice” to evaluate what scholars have learned about wrongful convictions in the last decade, and what challenges lie ahead for developing a more robust criminology of wrongful conviction. The article concludes that there have been significant theoretical, methodological, and substantive advances in the last decade, but that a root cause analysis of wrongful convictions has yet to come to fruition and urges empirical scholars to begin to study other sources of error and inaccuracy in the criminal justice system. Scholars should develop a criminology of erroneous outcomes, not just of erroneous conviction. By studying both sets of outcomes, scholars can improve accuracy and reduce errors across the board.
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Levshin, Valerie. "Is It Worth the Costs? Using Cost-Benefit Analysis to Minimize the Collateral Consequences of Convictions." Federal Sentencing Reporter 24, no. 1 (October 1, 2011): 80–81. http://dx.doi.org/10.1525/fsr.2011.24.1.80.
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The collateral consequences of criminal convictions are costly for convicted individuals, victims, taxpayers, and society as a whole. Many of these costs are above and beyond the initial sentence, and they have far-reaching consequences. People with criminal records often struggle to find jobs, attend college, receive public benefits, and vote. Many reoffend, which places a high-priced burden on the victims, the surrounding community, and the taxpayers who fund the justice system. Fortunately, programs and policies can address these effects. But debates surrounding these programs and policies are often dominated by one of two perspectives: either a focus on the anticipated benefits or a primary concern with costs. Cost-benefit analysis can be an enormously helpful tool for policymakers when assessing the merits of a program and determining whether to invest scarce resources in criminal justice programs and policies.
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Sarat, Austin, Natalie Morgan, Willa Grimes, Obed Narcisse, and Jeremy Thomas. "Innocence is Not Enough: The Public Life of Death Row Exonerations." British Journal of American Legal Studies 9, no. 2 (August 4, 2020): 209–32. http://dx.doi.org/10.2478/bjals-2020-0016.
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AbstractMiscarriages of justice and wrongful convictions are a pervasive reality in America's criminal justice system. In this paper we examine news coverage of miscarriages of justice in the death penalty system and the release of death row inmates to understand what we call the public life of exonerations. We examine the way newspapers tell the story of exonerations and the various tilts and tendencies that characterize their presentations. We focus on the five states which, from 1972–2019, had ten or more exonerations. During that period, they were Florida, Illinois, Texas, Louisiana, and Oklahoma. We conclude that the public discourse surrounding exoneration, while providing evidence of the death penalty system's most consequential flaws, serves as much to preserve that system as to challenge it.
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Erentzen, Caroline, Regina Schuller, and Kimberley Clow. "Advocacy and the Innocent Client." Wrongful Conviction Law Review 2, no. 1 (June 18, 2021): 1–21. http://dx.doi.org/10.29173/wclawr40.
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Much of our knowledge about wrongful convictions is derived from known exonerations, which typically involve serious violent offences and lengthy sentences. These represent only a small proportion of offences prosecuted in Canada each year, and little is known about how often innocent defendants may be wrongfully convicted of less serious offences. Recent discussions have begun to focus on the problem of false guilty pleas, in which defendants choose to plead guilty to a lesser offence to avoid the time and cost required to defend their innocence. The majority of our knowledge of the factors contributing to wrongful convictions is based on American scholarship, with less empirical research exploring wrongful convictions within the Canadian context. The present research surveyed Canadian criminal defence lawyers about their experiences representing innocent clients, including their perspective on the underlying causes of wrongful convictions in Canada and their recommendations for reform to the criminal justice system. Nearly two-thirds of defence counsel in this study reported that they had represented at least one client who was convicted despite credible claims of innocence. Many reported that they regularly see innocent clients choose to enter a strategic false guilty plea, perceiving no meaningful or realistic alternative. Counsel described a system designed to elicit a guilty plea, with lengthy pre-trial delays, routine denial of bail, inadequate funding of Legal Aid, costly defence options, padded charges, and false evidence ploys. This research expands our knowledge of wrongful convictions in Canada, their hidden prevalence, and systemic problems that increase the likelihood of their occurrence.
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Maroto, Michelle, and Bryan L. Sykes. "The Varying Effects of Incarceration, Conviction, and Arrest on Wealth Outcomes among Young Adults." Social Problems 67, no. 4 (July 25, 2019): 698–718. http://dx.doi.org/10.1093/socpro/spz023.
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Abstract Previous research indicates that incarceration leads to declines in rates of homeownership and net worth, especially among baby boomers, but questions remain as to how other types of criminal justice system contact affect wealth outcomes during the transition to adulthood. Using data from the 1997 National Longitudinal Survey of Youth, we investigate how arrests, convictions, and incarceration influence net worth, financial assets, and debt among young adults. We find that most contact with the criminal justice system limited the ability of young adults to accumulate wealth between the ages of 25 and 30, an especially important time for building life-cycle wealth. Arrests were associated with asset and debt declines of 52–53 percent, and incarceration led to net worth and asset declines of 34 and 76 percent, respectively. These direct effects were also bolstered by the indirect effects of these variables through their relationship with marriage and earnings, especially in the case of incarceration. This study draws attention to how criminal justice system contact affects early adult wealth, thereby setting the stage to influence a host of life course dynamics for individuals and their families.
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Marquart, James W., Madhava Bodapati, Steven J. Cuvelier, and Leo Carroll. "Ceremonial Justice, Loose Coupling, and the War on Drugs in Texas, 1980-1989." Crime & Delinquency 39, no. 4 (October 1993): 528–42. http://dx.doi.org/10.1177/0011128793039004007.
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The degree to which the criminal justice system operates as an integrated network of agencies has not been systematically examined. This article illustrates how the police, courts, and corrections systems in Texas adapted to the conflicting demands to increase enforcement of drug laws and punish offenders, on the one hand, and complied with a prison population cap, on the other. Results show that drug arrests remained a small proportion of total law enforcement efforts. The drug war was waged in the courts. Convictions resulted in the incarceration of more offenders. Inmates were released early to maintain compliance with population caps.
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Yung, Corey Rayburn. "Sex Panic and Denial." New Criminal Law Review 21, no. 3 (2018): 458–82. http://dx.doi.org/10.1525/nclr.2018.21.3.458.
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The American criminal justice system regarding sex is not just logically incoherent, it is also often morally bankrupt because it remains unexamined and poorly understood. This Article contends that there are actually common roots underlying the seemingly oppositional forces of social panic and denial, which explain why the United States has an endemic sexual violence problem. Both panic and denial reinforce the implicit, and sometimes explicit, desire to avoid substantive engagement with socially contentious issues related to sex. The use of residency restrictions and civil commitment fit the modern social goal of putting sex offenders out-of-sight and out-of-mind. Yet, those same desires also explain America’s unwillingness to believe victims of sexual violence and police failure to properly investigate criminal complaints. In this way, sex panic dovetails with sex denial—in both instances, American culture only permits a limited discussion and understanding of sex and sexual violence. The result is that our nation fails to take sex crime complaints seriously while overreacting to the few convictions that emerge from the hostile criminal justice system.
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Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America." International Journal of Legal Information 46, 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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Petersen, Nick. "Examining the Sources of Racial Bias in Potentially Capital Cases." Race and Justice 7, no. 1 (July 31, 2016): 7–34. http://dx.doi.org/10.1177/2153368716645842.
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While prior research has uncovered racial disparities in the administration of death sentences, little attention has been devoted to earlier stages in the capital punishment processes. To understand the locus of racial bias within death penalty institutions, this study examines the entry of homicide cases into Los Angeles County’s criminal justice system during a 5-year period. This two-part analysis seeks to answer the following research questions: (1) Does victim/defendant race influence homicide clearance and death penalty charging decisions? and (2) if so, does the likelihood of clearance mediate the effect of victim race on death penalty charges? Logistic regressions indicate that cases involving Latino victims are less likely to be cleared. Moreover, cases with Black and Latino victims are less likely to be prosecuted with a death penalty–eligible charge. Racial disparities accumulate across these stages, with clearance patterns influencing subsequent death penalty charging decisions. Results underscore the cumulative nature of racial within criminal justice institutions. By linking police and prosecution outcomes, these findings also highlight the interrelationship between criminal justice agencies.
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Schulhofer, Stephen J. "No Job Too Small: Justice Without Bargaining in the Lower Criminal Courts." American Bar Foundation Research Journal 10, no. 03 (1985): 519–98. http://dx.doi.org/10.1111/j.1747-4469.1985.tb00509.x.
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Plea bargaining and other informal disposition devices dominate case processing in the lower criminal courts. Consistently, studies have found such courts characterized by assembly-line procedures, deemphasis or disregard of formal due process rights, and guilty plea rates approaching 100% of all convictions. Caseload pressures, tendencies toward cooperation among courtroom participants and, above all, process costs of litigation that greatly outweigh the stakes in minor cases are widely thought to render informality and high guilty plea rates inevitable. The study reported here challenges these assumptions. The author finds that in Philadelphia roughly one-fifth of all misdemeanor dispositions and one-half of all determinations of guilt are the result of genuine adversarial trials. He shows that an adversarial trial system need not impose prohibitive resource costs, even when extended to misdemeanor cases involving little likelihood of imprisonment, and that process costs will not deter defendants from invoking formal procedures when the court culture is committed to providing trials. Finally, the author argues that even routine misdemeanor cases benefit from guarantees of fairness and accuracy afforded by trial but unattainable when cases are processed by plea bargaining.
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Fries, Diana, Astrid Rossegger, Jérôme Endrass, and Jay P. Singh. "The prediction of criminal recidivism using routinely available file information." International Journal of Psychological Research 6, no. 2 (December 30, 2013): 8–14. http://dx.doi.org/10.21500/20112084.671.
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Objective. The aim of the present study was to cross-validate the investigation of Buchanan and Leese (2006) into the prediction of criminal recidivism. Method. The sample comprised offenders in the criminal justice system of the Canton of Zürich – Switzerland, who were discharged to the community. Participants were followed, and evidence of subsequent charges and convictions for both general and serious recidivism was investigated at fixed periods of 2.5, 6.5, and 10.5 years. The predictive validity of socio-demographic, criminal history, and legal class information was assessed using logistic regression as well as log-likelihood, receiver operating characteristic curve, and contingency analyses. Results. A multivariable model including age and criminal history information was found to produce the highest rates of predictive validity for general and serious recidivism. Conclusion. Information regularly accessible in forensic practice may be able to guide clinicians as to the recidivism risk level of their patients.
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Kirillov, S. I., and S. V. Krivosheev. "Preventive Applications of Penal Sanctions." Pravo: istoriya i sovremennost', no. 3(12) (2020): 100–109. http://dx.doi.org/10.17277/pravo.2020.03.pp.100-109.
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The most Important areas of the preventive role of criminal law are limiting the use of punishment in the form of deprivation of liberty, determining legal compromises between the offender, the victim, society and the state, establishing an effective system of punishment, fair sentencing, which is as individualized as possible, and others. In this regard, criminal justice takes place after the commission of crime through the implementation of the preventive function of criminal law norms. Today, an urgent problem is the study of criminal law crime prevention, as a collective, complex concept that includes the possibilities of criminal and penal law. This study is devoted to the prevention of crimes by criminal law means. The paper explores the problems of manifestation of the preventive function of criminal law in the application of punishment and other forms of criminal responsibility, justifies the position on reducing the imposition of convictions with a penalty of imprisonment. The analysis of current legal acts and opinions of scientists who conducted research in this area is carried out.
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Parkinson, Patrick N., Sandra Shrimpton, Heather Y. Swanston, Brian I. O'Toole, and R. Kim Oates. "The Process of Attrition in Child Sexual Assault Cases: A Case Flow Analysis of Criminal Investigations and Prosecutions." Australian & New Zealand Journal of Criminology 35, no. 3 (December 2002): 347–62. http://dx.doi.org/10.1375/acri.35.3.347.
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As part of a prospective study which tracked 183 child sexual abuse cases referred to two Child Protection Units in Sydney, NSW, a search of court records was conducted to obtain criminal justice outcomes. Of the 183 cases, there were 117 cases where the name of the offender was known. Forty-five cases reached trial. Thirty-two cases resulted in a conviction. A sub-cohort of 84 of the children and their families was interviewed in detail to determine reasons why many cases did not proceed down the track of criminal investigation and prosecution and why other cases dropped out of the criminal justice system. Among this sub-cohort of 84 children, there were 67 cases where the offender was identifiable and could have been charged. There were 25 convictions. Reasons for not proceeding to trial included: the offence was not reported to police; parents wished to protect children, the perpetrator or other family members; evidence was not strong enough to warrant proceeding; the child was too young; the offender threatened the family; or the child was too distressed. The implications for criminal prosecution as a child protection strategy are considered in the light of this evidence of attrition.
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Hurwitz, Jon, and Mark Peffley. "And Justice for Some: Race, Crime, and Punishment in the US Criminal Justice System." Canadian Journal of Political Science 43, no. 2 (May 28, 2010): 457–79. http://dx.doi.org/10.1017/s0008423910000120.
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Abstract. Criminal justice policy in the US has long been exceedingly responsive to public opinion. Unfortunately, public attitudes towards justice in the US are severely bifurcated along racial lines, such that Whites see a system that is “colour-blind” and Blacks perceive one that is severely biased against them. In this paper, we explore the magnitude of this racial cleavage and, more importantly, demonstrate how it impacts differential reactions to events (such as accusations of police brutality) and policies (such as capital punishment) in the justice domain. To the degree that elites base policies on (mainly White) majority preferences, such policies are unlikely to be responsive to the racial discrimination that is a part of the current criminal justice environment.Résumé. La politique pénale aux États-Unis répond énormément à l'opinion publique. Malheureusement, les positions populaires envers la justice américaine sont radicalement divisées suivant l'appartenance raciale. Aux yeux des Blancs, le système est essentiellement neutre envers les groupes raciaux différents, mais les Noirs le perçoivent comme étant fortement entaché de discrimination contre eux. Dans cet article, nous considérons l'étendue de cet écart racial et, surtout, nous démontrons comment ces perceptions entraînent des réactions différentes envers les événements (comme les accusations de brutalité policière) et envers les politiques publiques (comme la peine capitale) dans le domaine de la justice. Dans la mesure où les élites fondent les politiques sur les préférences de la majorité (surtout blanche), il est peu probable que ces politiques puissent remédier à la discrimination raciale qui fait partie du système pénal actuel.
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Joyce, Daniel. "The Historical Function of International Criminal Trials: Re-thinking International Criminal Law." Nordic Journal of International Law 73, no. 4 (2004): 461–84. http://dx.doi.org/10.1163/1571810043083397.
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AbstractThe establishment of the International Criminal Court provides an opportunity to re-think international criminal law and procedure, and to develop a more coherent theory of international criminal justice. This article argues that increasingly the demands placed upon international criminal trials go beyond the process of securing convictions. There is an increasing expectation that such trials will contribute to broader processes of social recovery and reconciliation. Claims are also made for their having a pedagogical and documentary role. To this end, the author proposes the recognition of an historical function of international criminal trials. This is suggested as best forming part of the variety of policy rationales which underpin the processes of international criminal law. It is conceded that overemphasising the role of history could be dangerous and infringe upon the rights of the accused, but it is argued that underemphasising the role of theory and history is unsatisfactory. The article concludes that recognition of an historical function for international criminal trials involves tensions, but will provide a framework and rationale for a more narrative-based and victimfocused system of international criminal law which might provide an important discursive beginning for victims and affected communities, whilst balancing due process concerns.
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Petersen, Nick. "Cumulative Racial and Ethnic Inequalities in Potentially Capital Cases." Criminal Justice Review 45, no. 2 (August 21, 2017): 225–49. http://dx.doi.org/10.1177/0734016817721291.
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To understand how racial/ethnic disparities are formed and sustained within death penalty institutions, this study tracks homicide cases through multiple stages of Los Angeles County’s criminal justice system. Drawing upon cumulative disadvantage research, this study focuses on the accumulation of racial/ethnic biases across multiple decision-making points. Logistic regressions seek to answer the following questions: (1) does victim/defendant race/ethnicity influence prosecutorial decision-making? and (2) if so, do these racial/ethnic disparities accumulate across multiple stages of the criminal justice system? Results indicate that cases with minority victims are less likely to involve a death-eligible charge or death notice. Moreover, these racial/ethnic disparities increase as cases advance through the courts, producing a Whiter pool of victims at later stages in the process. Defendant race/ethnicity is not predictive of death penalty charging decisions but does moderate the influence of victim race/ethnicity such that cases with minority defendants and White victims are treated more punitively.
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Morris, P. Sean. "Economic Genocide Under International Law." Journal of Criminal Law 82, no. 1 (February 2018): 18–34. http://dx.doi.org/10.1177/0022018317749698.
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The status of genocide in international law is well developed and forms part of customary international law and also treaty law. International tribunals such as the International Criminal Court and specialised chambers such as the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda have addressed and made a number of convictions regarding genocide. This relative success in the international criminal justice system regarding genocide has given the appearance that perpetrators responsible for genocide will be brought to justice. Yet, there is a fundamental crack in international criminal law with regard to genocide as a crime and how to bring perpetrators to justice. That crack, is essentially, the narrow scope and definition of genocide, and also how to demonstrate that perpetrators had the intention of committing genocide. I contend in this article that the scope of genocide should be extended to include economic genocide and argue that spillover intent of aiders and abettors of genocide requires more clear and coherent rules to include economic genocide as part of how the crime of genocide is assessed in international law. The article first presents and discusses the notion of genocide, taking into consideration the Genocide Convention (1948) and then discusses the status of Article 2(c) of the Convention to define economic genocide. The article then posits the calculated economic measures that affect the conditions of life of peoples involve intent and that intention has a spillover effect.
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Cossyleon, Jennifer, John Orwat, Christine George, Don Stemen, and Whitney Key. "Deferring felony prosecution: a process evaluation of an innovative Cook County State’s Attorney’s Office program." Journal of Criminological Research, Policy and Practice 3, no. 4 (December 4, 2017): 261–73. http://dx.doi.org/10.1108/jcrpp-01-2017-0003.
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Purpose The Cook County State Attorneys’ Deferred Prosecution Program (DPP) is a pre-trial diversionary program that accepts first-time, non-violent defendants charged with a felony crime. The purpose of this paper is to document the development, implementation, and program patterns of the DPP to better understand the program’s scope and reach in diverting defendants from traditional criminal prosecution. Design/methodology/approach The approach to evaluating Cook County’s DPP is primarily qualitative. Through interviews with program administrators and current and former participants, the authors document the process of creating and implementing such DPP that aims to avoid a felony conviction altogether. The authors provide program participant patterns to shed light on the program’s scope and reach in diverting defendants from traditional felony prosecution. Findings Using data from staff, administrators, and program participants, the authors found that the DPP was developed and implemented through supportive leadership who instilled a culture of collaboration and buy-in. Expanding the program could include increasing the capacity of DPP to include additional participants or having a DPP incorporated into each branch court, instead of the centralized system under which it currently operates. Increasing the capacity and scope of the program could both further decrease criminal court caseloads and most importantly avoid a higher number of stigmatizing felony convictions for first-time non-violent defendants. Practical implications DPPs are cost effective and can be easily implemented within existing systems. Collaboration and buy-in from all stakeholders are crucial to the program’s success. DPP offers opportunities for expansion. Increasing the capacity and scope of the program could both further decrease criminal court caseloads and most importantly avoid a higher number of stigmatizing felony convictions for first-time non-violent felony defendants. Originality/value The main goals of DPP were two-fold. The first was to minimize the level of resources allocated for non-violent offenders in the criminal justice system by diverting such defendants out of the criminal justice system early in the process and reducing the recidivism rates of program participants. The second aimed to provide an option for eligible defendants to avoid a felony conviction, thereby avoiding the collateral consequences associating with a felony conviction.
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Kewley, Stephanie, and Mark Blandford. "The development of the active risk management system." Journal of Criminal Psychology 7, no. 3 (August 7, 2017): 155–67. http://dx.doi.org/10.1108/jcp-10-2016-0034.
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Purpose The purpose of this paper is to detail the development and implementation process of a risk management tool that includes the assessment of static and dynamic factors, as well as factors that are both risk related and protective. Design/methodology/approach Active Risk Assessment System (ARMS) is a tool used to help criminal justice practitioners as they work to support the safe reintegration of those with sexual convictions back into the community. Findings The tool was developed for use by the police, probation and prison services across England and Wales and this paper outlines the following: the process adopted by the development team in designing the tool, the theoretical principles considered and adopted by the team, and a summary of the early evaluation and recommendations made. Originality/value This paper includes some further recommendations for both the developers of the tool and for the police service in England and Wales.
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Smith, James P. "The Long-Term Economic Impact of Criminalization in American Childhoods." Crime & Delinquency 65, no. 3 (July 18, 2018): 422–44. http://dx.doi.org/10.1177/0011128718787514.
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This article documents arrest and conviction histories before age 26 years of Panel Study of Income Dynamics (PSID) respondents using a retrospective module that I designed. I find strong positive cohort effects in rising probabilities of arrest for all demographic subgroups. This increased contact with the criminal justice system across birth cohorts was at a more rapid rate over time among Whites and women. These rising rates of arrests and convictions are associated with lower probabilities of being married, lower weeks worked, lower hourly wages, and lower family incomes during the adult years. The size of the estimated associations is quite large.
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Olaborede, Adebola Olufunmi, and Lirieka Meintjes-van der Walt. "The Dangers of Convictions Based on a Single Piece of Forensic Evidence." Potchefstroom Electronic Law Journal 23 (May 20, 2020): 1–38. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6169.
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The overall goal of the criminal justice system is to ensure that perpetrators of crimes are duly punished and that victims of crimes are duly exonerated. As part of the effort to achieve this goal, the forensic disciplines have become very important in criminal investigations and prosecutions in identifying the guilty and in exonerating the innocent. There is a growing number of cases where people have been convicted based on a single piece of forensic evidence. However, some of the convictions have been found to be wrong, largely, due to the lack of adequate scientific validation of the forensic science methods. Some of these methods include latent fingerprint analysis, bite mark analysis, microscopic hair analysis and firearms identification. This article critically examines the application of forensic evidence in criminal prosecutions and highlights the dangers of convictions based on a single piece of forensic evidence. The findings of recent reports, such as, the National Academy of Sciences (NAS) 2009 Report and President's Council of Advisors on Science and Technology (PCAST) 2016 Report, confirm the critical role and broad scope of these forensic pattern-matching methods. The reports also indicate flaws that affect the accuracy of these methods, such as, inadequate scientific validation, coincidental results (erroneous match), human, laboratory and interpretive errors etc. Therefore, this article argues that the court should follow a cautionary approach when relying on a single piece of forensic evidence and that strong corroboration with other forms of evidence linking the accused to the crime should be required.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 69–90. http://dx.doi.org/10.17768/pbl.v2i2.34384.
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This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 69–90. http://dx.doi.org/10.17768/pbl.v2i2.p69-90.
Full textAbstract:
This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (October 8, 2014): 69–90. http://dx.doi.org/10.17768/pbl.y2.n2.p69-90.
Full textAbstract:
This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Fontes, Márcio Schiefler. "JUDICIARY REFORM IN BRAZIL AND THE NATIONAL COUNCIL OF JUSTICE: IMPROVING COMMUNITY INVOLVEMENT IN OFFENDER TREATMENT." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 69–90. http://dx.doi.org/10.17768/pbl.y2n2.p69-90.
Full textAbstract:
This paper intends to provide an overview of the Brazilian judicial system, its recent reform, and how the National Council of Justice (whose creation was the major goal of that reform) started to address the issues of improving the efficiency of criminal justice and increasing the use of alternatives to detention and imprisonment. The concept behind applying and enforcing convictions aims to remove the convict from society, to avoid further harm, allowing the prisoner to return to society after they have reabsorbed social values. The current challenge facing prison systems is to foster effective methods of rehabilitating and reintegrating these people into society, so that they are capable of living in society when they have finished their sentences. Community involvement in offender treatment is a current worldwide trend that has found the desirable echo in important initiatives championed by the National Council of Justice.
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Singh, Sara, Jesse Cale, and Kat Armstrong. "Breaking the Cycle: Understanding the Needs of Women Involved in the Criminal Justice System and the Role of Mentoring in Promoting Desistance." International Journal of Offender Therapy and Comparative Criminology 63, no. 8 (December 14, 2018): 1330–53. http://dx.doi.org/10.1177/0306624x18818922.
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An increasingly popular gender-specific intervention to assist women involved in the criminal justice system (e.g., ex-prisoners) is mentoring. However, despite the growing popularity of mentoring, there is a dearth of literature that has explored the intervention’s efficacy, particularly as it relates to women involved in the criminal justice system. In the current study, client files of 64 women in a one-to-one mentoring program in Australia were examined to identify (a) the social and practical needs and obstacles faced by women overcoming their involvement with the justice system, and (b) the extent to which mentoring addressed these needs and obstacles. The results show that consistent with previous research, many of the women experienced a range of social and practical difficulties that impeded the desistance process. For a large portion of the women, however, mentoring helped overcome some difficulties by enhancing positive social capital in their lives. These findings are discussed in the context of how mentoring relationships can act as key turning points in the lives of women involved in the criminal justice system.