Literatura académica sobre el tema "Criminal justice, administration of – russia – history"
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Artículos de revistas sobre el tema "Criminal justice, administration of – russia – history"
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Lysova, Alexandra y Helmut Kury. "Obstacles to the Development of Restorative Justice: a Comparative Analysis of Russia, Canada and Germany". Всероссийский криминологический журнал 12, n.º 6 (28 de diciembre de 2018): 806–16. http://dx.doi.org/10.17150/2500-4255.2018.12(6).806-816.
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Restorative justice (RJ), which is a concept of criminal justice focused on the needs of victims and the community affected by the criminal act rather than on the punishment of the offender, is becoming an integral part of criminal justice in many developed Western countries. Russia, however, is just taking the first steps in the development of restorative justice with the focus on mediation for juvenile delinquents. Using the theory of the (de)civilization process by N. Elias, the authors suggest that a weak state, characterized not so much by inefficient economy as by underdeveloped social institutes, could be an obstacle for a more active use of RJ in Russia. Specifically, the authors claim that corruption undermining the legitimacy of public administration, a lack of trust in law enforcement, suppression of small business and hatred towards some groups of people all strengthen punitive sentiments that contradict the principles of RJ. A comparative criminological analysis of RJ in Canada and Germany reveals the unique history of its emergence and use in these countries in comparison with Russia. As for Germany, the moments of de-civilization in this country in the first half of the 20th century and in the recent years (connected with the uncontrolled influx of migrants) are slowing down the development of RJ. The absence of any significant social upheavals in Canada could explain a strong support for RJ among the local population and a comparatively successful integration of its principles in traditional Canadian criminal justice. In conclusion, the authors debunk some myths regarding RJ, which could constrain its implementation in these countries. In particular, the authors argue, that the traditional paradigm of punishment should not be abolished, but could be supplemented by the paradigm of reconciliation and restoration.
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Georgievskiy, E. V. y R. V. Kravtsov. "Crimes against justice in the soviet criminal law". Siberian Law Herald 4 (2021): 98–103. http://dx.doi.org/10.26516/2071-8136.2021.4.98.
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The article analyzes the Soviet criminal laws containing criminal attacks against justice. Starting with the Decrees of the Council of People’s Commissars and ending with criminal codes, the Soviet legislator is trying to create a system of crimes that violate the interests of justice. The doctrinal views of scientists on the essence and types of various criminal manifestations that encroach on the foundations of judicial and public power in the Soviet state are presented. The research methodology was made up of specific historical and comparative (comparative legal) approaches to the legal nature of the institution of crimes against justice. The basis for the formation of conclusions is a general inductive method, which allows from private (casuistic) legislative fragments to come closer to the general principles of legislative registration of the protection of the interests of justice. In the course of the study, a number of theoretical propositions were identified and systematized. Particular attention is paid to the 1960 Criminal Code of the RSFSR, in which, for the first time in the history of Russian criminal legislation, all crimes against justice were collected together in one chapter and systematized. The authors suggested that a kind of “inertia of legislation” in the issue of legislative regulation of crimes against justice in the first years of Soviet power is explained by the general approach to judicial and public power as a faceless part of the mechanism of state administration. And only over the years does a fundamentally different approach to the protection of public relations in the sphere of justice begin to take shape.
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SOWIŃSKA, Danuta. "Warszawa i Lublin jako główne ośrodki obywatelskiego wymiaru sprawiedliwości w Królestwie Polskim w 1915 r". Historia i Świat 4 (16 de septiembre de 2015): 305–36. http://dx.doi.org/10.34739/his.2015.04.15.
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The emergence of civil justice after the evacuation of Russians from the Polish Kingdom in 1915. This is one of the most important moments in the history of Polish judiciary. After more than a century of power invaders there is a chance to regain control over the administration and the judiciary. Polish lawyers had hoped that the occupiers leave the judiciary in their hands. Warsaw and Lublin - the fastest two centers operating in the Kingdom have become a role model for other courts. Regulations approved by the Committee of Citizens in Warsaw described the organization of the local judicial institutions. Its provisions became a model for the courts of Lublin, modifications resulted only from local relations. In addition to the changes in the organization and structure of the judiciary was introduced innovations in the rules of substantive law, both civil and criminal. They eased and modernize the existing legislation of the Russian case studies. The need for the establishment of the civil courts, as well as their functioning efficiently also testified by the number of pending cases. Polish lawyers hope to permanently take over the judiciary in the Kingdom were quickly snuffed out by the occupation authorities. Both in Warsaw and Lublin Polish citizens' initiative was considered as illegal and brought to its liquidation. However, experience has resulted in a few weeks on September 1 IX 1917 at the time of the recovery from the hands of the occupiers of justice.
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Vasilyev, Pavel. "Sex and Drugs and Revolutionary Justice: Negotiating 'Female Criminality' in the Early Soviet Courtroom". Journal of Social Policy Studies 16, n.º 2 (3 de julio de 2018): 341–54. http://dx.doi.org/10.17323/727-0634-2018-16-2-341-354.
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Pavel A. Vasilyev – kandidat nauk (PhD) in Russian History, Postdoctoral Fellow, Polonsky Academy for Advanced Study in the Humanities and Social Sciences, Van Leer Jerusalem Institute, Israel. Email: pavelv@vanleer.org.il
This article builds on previous research on early Soviet female criminality, in particular the studies by Sharon A. Kowalsky and Dan Healey, that have demonstrated how Soviet courts and criminologists explained and handled crimes committed by females, revealing, in the process, profound ambiguities and contradictions in their attitudes towards women. However, unlike Kowalsky and Healey, I focus on an earlier period (1917–1922) and make extensive use of the under-researched archival collections of Petrograd’s local judicial institutions (People’s Courts), drawing on materials such as investigatory reports and court proceedings. Focusing on a 1919 criminal case from the Central State Archive of St. Petersburg (Tsentral’nyi gosudarstvennyi arkhiv Sankt-Peterburga, TsGA SPb) in particular, this paper argues that in the volatile setting of the early Soviet courtroom 'female criminality' was not a clear-cut concept, but rather a malleable product of intense negotiations that involved all legal actors and centered around the contested notions of female subjectivity, socialist ideology, and the material conditions of living. Employing quasi-theatrical language, I first introduce the protagonists and describe the background of this criminal case. Then, I look at the litigation strategies that the two main female defendants employed and the different ways in which they highlighted the material embeddedness of their emotions. Finally, I examine the expressions of remorse and reflect on their role in sentencing within the wider context of the ongoing Russian Civil War and the early Soviet legal reforms. By viewing 'female criminality' as a product of open-ended negotiations and by re-emphasizing the material conditions of revolutionary Petrograd, the article provides a new perspective on gender, crime and the administration of justice in that turbulent period.
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Ragimov, Ilgam M. "Nuremberg Trials: the triumph of justice or the trial of the victors? (Reflections on the book by A.N. Savenkov “Nuremberg: A Verdict for name of Peace”". Gosudarstvo i pravo, n.º 12 (2022): 7. http://dx.doi.org/10.31857/s102694520023298-8.
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The article analyzes historical, geopolitical, legal and other aspects of the organization and conduct of the International Military Tribunal on the basis of the monograph by Corresponding Member of the Russian Academy of Sciences A.N. Savenkov “Nuremberg: A Verdict for name of Peace”. over the main Nazi criminals, the political, legal and moral significance of its results for the further strengthening of peace on Earth and the prevention of global wars, the prevention of crimes against the peace and security of mankind, the development of International Law, etc. are investigated. Based on the results of A.N. Savenkov’s research, the study of archival materials of the Nuremberg Trials and other sources on this issue, the authors believe that: • in the entire history of legal proceedings, there has probably never been a court like the Nuremberg Trials. Its uniqueness lies in the fact that it is the first case in the history of justice (sui generis) when more than 20 high-ranking officials, who were part of the highest political and military leadership of a single aggressor state, found themselves in the dock, guilty of both planning, preparing and unleashing a world war, and committing during it mass crimes against peace and humanity; • the historical value of the International Military Tribunal is also seen in the fact that its results had a huge impact on the course of world history, outlined the basic contours of the new architecture of the post-war world order and world order on Earth, laid the foundations of international criminal justice, etc., and the Tribunal itself became a symbol of the victory of good over evil; • the Nuremberg Trials showed that for crimes against peace, war crimes and crimes against humanity committed during an aggressive war, the victorious States have the right to establish a special court (ad hoc) with universal jurisdiction against the political and military leaders of the defeated State, to determine a list of specific crimes (including those with criminal retroactivity), those under his jurisdiction, to provide for a special procedure for the administration of justice, to establish the types of punishment for the perpetrators and their terms, the order and form of execution of a court sentence, etc.; • the refusal of the founders of the Ministry of Internal Affairs to bring to trial the highest state and military officials of Nazi Germany on the basis of the national laws of the countries on whose territory they committed numerous terrible crimes incompatible with human nature was due to the fact that the norms of criminal legislation of none of these states (as, indeed, International Law of that time) did not they fully covered all the specifics of the objective and subjective properties of many barbaric crimes committed by Nazi criminals against humanity, therefore, it was not possible to talk about this category of monstrous acts that claimed the lives of tens of millions of innocent people as classic forms or types of crimes that infringe on the rights and freedoms of individual citizens or states, even at the level of the institution of analogy in law; • taking into account the irremediable contradictions between the norms of national and International Law, on the one hand, and the essentially unprecedented atrocities committed by Nazi criminals on a massive scale, on the other, the victorious countries in World War II as bearers of supreme power in Germany (due to the loss of its legal personality) on August 8, 1945 we made the only possible decision in the current situation: 1) to establish an open International Military Tribunal with universal jurisdiction for the prosecution and punishment of the main war criminals of the European Axis countries; 2) on the basis of international treaties and agreements, the basic values of natural law, generally recognized principles of Criminal and Criminal Procedure Law, taking into account certain provisions of the Anglo-Saxon and Romano-Germanic legal systems, adopt the Statute of the Ministry of Internal Affairs, the norms of which should: a) determine the powers and procedures of this judicial body; b) contain a criminal definition of the concepts of “criminal organization”, “crime against peace”, “war crime” and “crime against humanity”; c) provide procedural guarantees for the defendants and their defenders; d) to fix the provision according to which the official position of the defendant (be it the head of state or another responsible state official) is not a basis for exemption from liability or mitigation of punishment, etc.; • in the process of working on the Statute of the Ministry of Internal Affairs, the doctrine of due (supervisory) law was widely applied in it, which, unlike what exists, is based on such immanent properties of a person’s spiritual being as justice and freedom of spirit, morality and common sense, etc. The originality of supervisory right is also manifested in the fact that it is free from any whatever the external definitions and directives, it is not burdened with political and ideological dogmas; • by its nature, the Charter of the Nuremberg Tribunal is not a normative legal act in the traditional sense of the term, but a special international prescriptive act with the force of law, adopted on August 8, 1945 by representatives of the heads of government of the USSR, the USA, Great Britain and France in the form of an annex to the London Agreement “On the Prosecution and Punishment of the main War Criminals of European Countries axes”; • in the verdict of the International Military Tribunal, for the first time at the global level, legal entities were recognized as the subject of crimes against peace, war crimes and crimes against humanity – the Elite Guard (SS), the Security Service (SD), the Secret State Police (Gestapo) and the National Socialist Workers’ Party of Germany (NSRPG). At the same time, not all crimes committed by high-ranking officials and institutions of Nazi Germany during the Second World War were reflected or properly assessed in it; • the expectations of the world community from the Nuremberg Trials were only partially justified, since in those years many in the world believed that all Nazi criminals should be put to death without trial. Only the firm position of the USSR and its insistent demands to the allied powers about the need to bring them to trial prevented further extrajudicial reprisals against them; • the International Military Tribunal in Nuremberg cannot be regarded as a “court of victors” over the defeated. It should be perceived as a unique judicial and legal phenomenon in the history of mankind - Transitional Justice at a critical stage in the modern history of mankind.
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Kaburkin, Aleksandr A. "COURTS OF THE KHANTY-MANSI AUTONOMOUS OKRUG IN THE FIRST YEAR OF THE POST-WAR FIVE-YEAR PLAN". Historical Search 2, n.º 2 (25 de junio de 2021): 13–20. http://dx.doi.org/10.47026/2712-9454-2021-2-2-13-20.
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The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.
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Petrikina, Anna A., Tatyana G. Borodinova y Irina V. Gubko. "Information and digital technologies in jury trial of criminal cases in Russia". RUDN Journal of Law 27, n.º 3 (15 de diciembre de 2023): 805–18. http://dx.doi.org/10.22363/2313-2337-2023-27-3-805-818.
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It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.
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Dorozhkina, Natalia. "PEOPLE'S ASSESSORS: PROBLEMS AND WAYS OF DEVELOPMENT IN MODERN CRIMINAL PROCEEDINGS". Economics. Sociology. Law. 03, n.º 02 (5 de julio de 2024): 63–73. http://dx.doi.org/10.22281/2542-1697-2024-03-02-63-73.
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This article examines the formation and development of courts with the participation of people's and jurors in Russia, provides the German experience of introducing jurors for the administration of justice - the Scheffen court, notes the advantages and disadvantages of the participation of people's assessors in the administration of justice, suggests legislative ways to attract the participation of people's assessors to participate in judicial proceedings.investigations into certain categories of criminal cases. The object of the study is relations in the field of administration of justice with the involvement of people's assessors, the research methods used by the author of the study were analysis, synthesis, abstraction, historical, comparative legal, formal logical and other research methods
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Maslennikova, L. N. y T. E. Sushina. "Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia". Actual Problems of Russian Law 15, n.º 6 (11 de julio de 2020): 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.
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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.
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Pomorski, S. "Justice in Siberia: a case study of a lower criminal court in the city of Krasnoyarsk". Communist and Post-Communist Studies 34, n.º 4 (1 de diciembre de 2001): 447–78. http://dx.doi.org/10.1016/s0967-067x(01)00017-4.
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Empirical investigation of justice administration udertaken in post-Soviet Russia has been insignificant. Consequently, there is a dearth of knowledge about realities of justice administration ‘on the ground’, at the level of districts or towns. The author’s research project, an in depth empirical investigation of the activity of a single criminal court located in the Siberian city of Krasnoyarsk, represents a step toward filling this gap. This paper concludes that the rule of law has made rather limited inroads in the day-to-day operations of criminal courts in the Russian deep provinces. The correspondence between earnestly declared legal principles and the mundane reality of judicial practice is loose and at some junctions non-existent.
Tesis sobre el tema "Criminal justice, administration of – russia – history"
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Foglesong, Todd S. "The politics of judicial independence and the administration of criminal justice in Soviet Russia, 1982-1992". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1995. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/NQ27783.pdf.
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Musson, Anthony Joseph. "Public order and law enforcement in England, 1294-1350 : the local administration of criminal justice". Thesis, University of Cambridge, 1993. https://www.repository.cam.ac.uk/handle/1810/272579.
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Barreneche, Osvaldo 1958. "Crime and the administration of criminal justice in Buenos Aires, Argentina, 1785-1853". Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282402.
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This dissertation analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as case study. It concentrates on what I call the formative period of the postcolonial penal system, from the installation of the second Audiencia (superior justice tribunal in the viceroyalty of Rio de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of inter-regional organization and codification began. During this transitional period, basic features of the modern Argentine criminal justice system emerged which I study in detail. They are: (a) institutional subordination of the judiciary; (b) police interference and disruption in the judiciary-civil society interface; (c) manipulation of the initial stages of the judicial process (sumario) by senior police officers (comisarios); and (d) utilization of institutionally malleable penal-legal procedures as a punitive system, regardless of the outcome of criminal cases judicially evaluated.
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Dufresne, Martin. "La justice pénale et la définition du crime à Québec, 1830-1860". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.
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沈啓誠 y Kai-shing Shum. "A study of harsh officials (ku li) and the legal system in Han China". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1999. http://hub.hku.hk/bib/B31221609.
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Barganski, Jenna Leigh. "Giving the Noose the Slip: an Analysis of Female Murderers in Oregon, 1854-1950". PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4542.
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Analyzing the crimes of women murderers and how they fared in the criminal justice system demonstrates that though perceptions of gender evolved, resistance to sentencing women to death often persisted. The nature of homicides committed by women in Oregon set them apart from their male counterparts. Women were, and are, more likely to commit domestic homicides -- murders that involve a family member or partner. These crimes are typically not equated with crimes that warrant capital punishment. As a result, no woman has been subjected to the death penalty in the state.
This thesis analyzes the twenty-five women who were convicted of homicide in Oregon between 1854 and 1950. During these years the majority faced all-male court and penal systems. As such, they were handled differently in accordance with various social, cultural, and legislative shifts relating to women's roles as citizens. Through an examination of contemporary newspaper articles, inmate case files, and other Oregon State Penitentiary records, this thesis studies three distinct periods relating to these shifts: 1854-1900, 1901-1935 and 1936-1950.
The assumption that it was impossible for a woman to commit murder linked claims of insanity with criminality. The six women defendants between 1854 and 1900 were either deemed insane and transferred to the asylum or quickly released from prison to avoid potential controversy or additional expense. The twelve women convicted of homicide between 1901 and 1935 all received manslaughter convictions, an occurrence unique to this era. Following the Progressive Era, sentimental juries felt more comfortable convicting women of manslaughter. Many received indeterminate sentences of one to fifteen years and were released on parole.
The initial first-degree murder charges between 1936 and 1950 signaled a new period in the treatment of women charged with homicide. After gaining the right to vote and serve on juries, women began to be viewed more equally in the eyes of the law. During these years there was a more even distribution of manslaughter, second-degree murder, and first-degree murder convictions for the seven women defendants. This is due in part to women's growing presence in the public sphere.
In conclusion, the idea that women were submissive creatures that required the authority and protection of men in the courtroom began to fade by 1950. Each period of study demonstrates how the contemporary perception of women and their roles as citizens affected trial outcomes. However, even when women were charged with first-degree murder they were not sentenced to the death penalty -- likely due to the domestic nature of their crimes.
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Miller, Vivien Mary Louise. "Violent crime, sexual deviancy and executive clemency in Florida, 1889-1918". Thesis, n.p, 1998. http://ethos.bl.uk/.
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Buffington, Robert Marshall. "Forging the fatherland: Criminality and citizenship in modern Mexico". Diss., The University of Arizona, 1994. http://hdl.handle.net/10150/186853.
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This study examines elite discourse about crime and criminality in modern Mexico. This discourse was intimately connected to discussions of citizenship (and thus inclusion in the Mexican nation-state) which became increasingly important after Independence from Spain in 1821. Elites recognized that a broad, egalitarian definition of citizenship was a potent source of legitimation for a nation in the throes of self-definition. To these discussions of citizenship, discourse about crime and criminality added an effective counterpoint, identifying individuals and groups within the new nation that merited exclusion. Specifically, this study examines the emerging discourses of criminology and penology which attempted to bring a rational, even scientific approach to the long-standing problem of crime. These "liberal" discourses (and the criminal justice system they inspired) eschewed the overtly racist and classist legal legacy of Mexico's colonial past. However, despite their egalitarian pretensions, criminology and penology often rearticulated colonial social distinctions, first by covertly embedding traditional biases in a contradictory liberal rhetoric and later by legitimizing these prejudices with evolutionary science. Ultimately, little changed in post-Independence Mexican social relations: the poor, the indio, the mestizo continued to be excluded from participation in mainstream society, not because they were legally segregated as in the colonial period but because of their supposed criminality. Even Mexico's great social revolution generated few effective changes. Like their predecessors, revolutionary elites attempted to exploit the legitimizing potential of the criminal justice system but again without significantly redefining its basic clientele. The socially-marginal continued to pose a threat to public order and economic progress; thus they continued to be excluded from public life. Within this larger context, specific chapters also function as independent essays: chapter one examines the racist and classist subtexts embedded in post-Enlightenment, "classic" criminology; chapter two, the role of evolutionary science in legitimizing these subtexts; chapter three, the use of popular literary techniques in the construction of "scientific" criminology; chapter four, the place of prison reform in Mexican political discourse; and chapter five, the role of penal code reform in political legitimation.
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Boston, Clarinèr Freeman. "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895". PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
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Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population.
The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions.
Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period.
Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.
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Erbe, Carsten Ashley. "Crime, institutions and community : an exploratory analysis of criminal justice devolution in the Aboriginal settlement of Palm Island, Queensland". Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/35886/1/35886_Erbe_1997.pdf.
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The thesis is an exploratory analysis and evaluation of criminal justice devolution on the Aboriginal settlement of Palm Island, Queensland. Embracing a community centric
approach, the work commences with an analysis of the historical development of the community from its inception to the modern day. Used as a starting point, the thesis then proceeds to explore the two theoretical concepts which underlie the broader devolution
movement. The institution and the goal towards its more effective and efficient operation - through the use of more grassroot, contingency-based, organizational structures; the community and the goal towards re-establishing its cohesive, collective nature - through the use and encouragement of more informal processes of human thought, interaction, and social control. The work goes on to demonstrate how this devolution process has
been manifested in the Queensland criminal justice context and in direct relation to Palm
Island itself This examination includes the police, adjudication/ court, and correction services available within the state. The general conclusion is that while the devolution process has some weaknesses it has improved the overall quality of these services. Yet,
while the process has shown some signs of early success, there are notable dangers related to its development, especially those which relate to the greater subversion of the Aboriginal people into the hands of the state. Ultimately it is concluded that the process' future success is dependent on two things. The willingness of the Aboriginal people to actively participate in these mechanisms and the state's capacity to relinquish its
institutional power. If these do not coincide, these mechanisms will fail and crime will continue to burden Palm Island and other communities like it.
Libros sobre el tema "Criminal justice, administration of – russia – history"
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Nethercott, Frances. Russian legal culture before and after communism: Criminal justice, politics, and the public sphere. London: Routledge, 2007.
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Frank, Stephen. Crime, cultural conflict, and justice in rural Russia, 1856-1914. Berkeley, Calif: University of California Press, 1999.
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Nethercott, Frances. Russian criminal justice in the age of reform, 1855-1917: Theories, practice and legacy. New York, NY: Routledge, 2007.
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Orlov, O. P. Deceptive justice: Situation on the investigation on crimes against civilians committed by members of the Federal Forces in the Chechen Republic during military operations 1999-2003. Moscow: Human Rights Center "Memorial", 2003.
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LaPierre, Brian. Hooligans in Khrushchev's Russia: Defining, policing, and producing deviance during the thaw. Madison: University of Wisconsin Press, 2012.
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Zvi︠a︡gint︠s︡ev, Aleksandr. Neizvestnai︠a︡ Femida: Dokumenty, sobytii︠a︡, li︠u︡di. Moskva: "Olma-Press", 2003.
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Suvorov, A. M. Letopisʹ veka: Organy i︠u︡stit︠s︡ii Respubliki Belarusʹ. Brest: Poligrafika, 2019.
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Gentes, Andrew Armand. Exile, murder and madness in Siberia, 1823-61. Basingstoke: Palgrave Macmillan, 2010.
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Karmakova, O. E. y S. V. Bromleĭ. Aktualʹnye problemy russkoĭ dialektologii: K 100-letii︠u︡ S.V. Bromleĭ i O.N. Morakhovskoĭ : materialy Mezhdunarodnoĭ konferent︠s︡ii, 29-31 okti︠a︡bri︠a︡ 2021 g. Moskva: Institut russkogo i︠a︡zyka im. V.V. Vinogradova RAN, 2021.
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Aĭzenshtat, I͡Akov. [Zapiski sekretari͡a voennogo tribunala. London, England: Overseas Publications Interchange, 1991.
Buscar texto completoCapítulos de libros sobre el tema "Criminal justice, administration of – russia – history"
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ä, Tapio Lappi-Sepp äl. "Sentencing and Punishment in Finland". En Sentencing and Sanctions in Western Countries, 92–150. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195130539.003.0004.
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Abstract The Nordic countries share a long legal and cultural history. The connection between Finland and Sweden has been exceptionally close. For centuries, the same laws were in force in both because Finland was part of Sweden up to 1809. Between 1809 and 1917 Finland remained an autonomous grand duchy of the Russian Empire (but still maintaining its own laws). Finland declared independence from Russia in 1917. During the twentieth century, Finland experienced three wars (the 1918 Civil War and the two wars against Russia between 1939 and 1944). The exceptional wartime and postwar conditions made their mark on Finnish criminal policy. For instance, dire economic circumstances were reflected in the prison administration of the time. There was little scope for the treatment ideology, so prevalent in Denmark and Sweden, to catch on in Finnish policy at mid-century. Instead, the postwar crime increases led to stiffer criminal legislation in the 1950s. In general terms, the criminal justice system of Finland in the 1950s and 1960s was less resourceful, less flexible, and more repressive than those of its Nordic counterparts.
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Hendley, Kathryn y Peter H. Solomon. "Administration of Criminal Justice". En The Judicial System of Russia, 127–44. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192895356.003.0009.
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Abstract This chapter presents Russian criminal justice as it was constituted in 2020–2021. It begins with an analysis of the 2001 Criminal Procedure Code—its accomplishments and omissions; the stages of the process (pretrial, trial, appeal); and the roles played by different actors, including judges on various courts. We then examine the continuing accusatorial bias, its roots, and the failure to address them; the chequered story of the revival and development of jury trials, including at district courts from 2019; and the proliferation of simple alternatives such as reconciliation, judicial fines, and the plea process, along with the tendency to expand the use of administrative violations in place of criminal prosecutions. We conclude with consideration of how sentencing practice has minimized the use of custodial sanctions for non-violent crimes and the complex of measures that limit the number of persons with criminal records.
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"3. Courts and Administration of Criminal Justice". En Canadian Criminal Justice History, 141–227. Toronto: University of Toronto Press, 1987. http://dx.doi.org/10.3138/9781487584672-006.
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Sims, Barbara. "A History of Criminological Thought: Explanations for Crime and Delinquency". En Handbook of Criminal Justice Administration, 31–50. CRC Press, 2000. http://dx.doi.org/10.4324/9781482270495-3.
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Roberts, David Andrew. "Criminal Law and the Administration of Justice in Early New South Wales and Van Diemen’s Land". En The Cambridge Legal History of Australia, 581–604. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108633949.025.
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Hendley, Kathryn y Peter H. Solomon. "Conclusion". En The Judicial System of Russia, 199–204. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192895356.003.0013.
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Abstract Our analysis of the practice of courts in Russia and the management of its judiciary confirms that Russia’s courts are effective—in both reality and popular perception—in their handling of everyday disputes and, for the most part, in confronting crimes, accusatorial bias notwithstanding. At the same time, there are mechanisms, formal and informal alike, which ensure that, as a rule, cases that matter to the regime or powerful persons have the results that they seek. In short, the idea of ‘legal dualism’, understood in a loose and flexible way, provides an apt metaphor that captures the multiple narratives of law that were found in Russia’s judicial system in the Putin years. Within the governance of the judiciary, the role of the presidency has increased and, consequently, so has judicial dependence. Yet, the actual administration of justice—in the civil, business, and criminal realms at least—has improved, often because of procedural and institutional changes, many of which were promoted by top judges. Finally, we outline scenarios for the future development of courts in Russia.
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King, Peter. "Introduction". En Crime, Justice, and Discretion in England 1740—1820, 1–14. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198229100.003.0001.
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Abstract This book focuses on one central and particularly contested aspect of the law—property crime and the ways it was dealt with, defined, and perceived. Using both a detailed study of the Essex court records and more diverse sources drawn from all over England, it attempts to construct a social history of the process by which those accused of property crime were handled both formally and informally by the institutions, groups, and individuals responsible for the administration of the criminal law, as well as analysing those who found themselves on the receiving end of the law. It focuses on the final period of what has recently been called’ “Old Regime” criminal justice’, on the last three-quarters of a century before both the repeal of the bloody code and the introduction of professional police forces. This was, it could be argued, the golden age of discretionary justice in England. The whole criminal justice system was shot through with discretion—about this at least almost all historians of crime agree (as did contemporaries, whether they advocated criminal law reform or opposed it). The criminal justice system relied on the participation of a wide range of social groups at almost every stage in the prosecution process and gave them extensive discretionary powers. Although the formal criminal law and the legal handbooks sometimes appeared rigid and inflexible, in reality the administration of the eighteenth-century criminal justice system created several interconnected spheres of contested judicial space in each of which deeply discretionary choices were made. Those accused of property offences in the eighteenth century found themselves propelled on an often bewildering joumey along a route which can best be compared to a corridor of connected rooms or stage sets.
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Sverdlov, Mikhail B. "A Man and a Law at the first Tird of the 12th century". En Traditional and innovative ways to explore social history of Russia 12th–20th centuries: Collection of articles in honor of Elena Nikolaevna Shveikovskaya, 282–98. Novyj hronograf, 2021. http://dx.doi.org/10.31168/94881-516-9.20.
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The author studies the history of the judicial natural and money forfeit for the criminal offence, moral and social content of this criminal offence in the late tribal Slavic society and in early medieval Russian state the context of the history of the Pravda Russkaya’s content. He analyzes the content of the social and legal policy during the rule of Grand Prince Vladimir Monomakh in Kiev or the rule of his son Mstislav. Probably at that time the Vast Pravda Russkaya was issued. It made judicial rights secured of all social strata including women, children, poor men on the principles of social justice and the Evangel. It kept old human tradition of the money forfeit for a crime instead of to cut off any limb or to execute as in Byzantine and in medieval vest European countries.