Letteratura scientifica selezionata sul tema "Criminal justice, Administration of – United States – Case studies"

The international influence of American criminal justice policy has been a central focus of research on policy transfer and comparative penology. With scholars divided between those emphasizing international convergence around United States policy, and others stressing ongoing American exceptionalism, it has become important to trace the extent of this influence not only across different countries but within particular national contexts. This article examines the impact of American criminal justice policy in New Zealand. I present three case studies exploring developments in different arms of the criminal justice system: the introduction of three strikes sentencing laws, the adoption of supermax principles of prison design and administration, and the use of zero tolerance and broken windows policing strategies. In tracing these changes, I find globalization opening new channels for the movement of policy that are often outside the control of the criminal justice establishment.

INTRODUCTION. The legal saga of the prosecution of Adolf Eichmann, one of the most wanted war criminals and chief “architect” of the Holocaust, raises many ethical, political and legal problems. The Eichmann trial is unprecedented in the long history of international criminal law for many reasons. Although many leaders of Nazi regime were put on trial at Nuremberg before International Military Tribunal, mass killings and other outrageous crimes against Jews was not the main object of the trial. Thereby prosecution and punishment one of the most important organizers of the genocide of Jewish people, creator of new type of evil and new type of crime, become the great task of the State of Israel.MATERIALS AND METHODS. The theoretical basis of the study consists of the works of leading international lawyers specializing in international criminal law, as well as the international extradition of criminals; the analytical base comprises of the decisions of the Nuremberg International Military Tribunal, as well as the national courts of the State of Israel, in particular the cult decision the Attorney General of the Government of Israel v. Adolf Eichmann, as well as the decisions of the national courts of the United States, cited in the article for the purpose of comparative analysis. The methodological basis of the research comprises historical method, methods of formal logic, including analysis, synthesis and analogy, as well as systemic, comparative legal methods and method of interpretation.RESEARCH RESULTS. Based on the study of international legal instruments and international judicial practice, as well as the national legislation of the State of Israel, the author made conclusions related to the abduction of accused from the territory of a foreign state, in particular its consequences in the form of violation of the sovereignty of the state. At the same time, the article contains a statement that the unlawfulness of the arrest does not prevent the court from exercising jurisdiction over the person. In the context of the administration of justice by the State of Israel, the author analyzes the Convention relating to the Status of Refugees of December 14, 1951, paying special attention to the problem of the possible immunity of the accused based on the refugee status granted by the state.DISCUSSION AND CONCLUSIONS. In the course of the study, the author analyzed a significant amount of materials, summarized the doctrinal positions put forward by a number of prominent international scholars, and also formed the conclusion that the trial of Eichmann marked not only the administration of justice over the international criminal, but also provided another opportunity for a broad international publicity of the horrors of the Nazi regime and the need to unite collective efforts of states to save future generations from such international crimes.

Plea bargaining has become more popular as a way to resolve court issues around the world. The application, scope, and operation of plea bargains change significantly between the common law and civil law regimes. To analyze these differences with respect to different jurisdictions, a comparison between India and the United States has been conducted in this study. The relative advantages and disadvantages of plea bargaining are still debated. This is because some argue that plea bargains call into question the primary purpose "of a trial, i.e." to establish the truth and dispense justice. There is no denying that India needs a framework for speedy administration of justice. India's courts are being battered by rising criminal cases. Prisons are now overflowing with inmates being held without trial due to continuous delays in case disposal. This research uses normative law that examines document studies, namely using various secondary data such as laws and regulations, court decisions, legal theories, and can be in the form of scholars' opinions. This type of normative research uses qualitative analysis, namely by explaining existing data with words or statements not with numbers.The results show that India developed plea bargaining as a response to the deplorable status of the justice system. It is recognized as a credible strategy to resolve open cases and expedite the criminal justice system. However, despite being conceptualized for many years, the Indian criminal justice system has yet to adopt plea bargaining. The researcher attempts to ascertain whether plea bargaining in India in its current form and structure is adequate to achieve these goals by weighing its advantages and disadvantages in the context of the Indian justice system.

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was a momentous law that recast undocumented immigration as a crime and fused immigration enforcement with crime control (García Hernández 2016; Lind 2016). Among its most controversial provisions, the law expanded the crimes, broadly defined, for which immigrants could be deported and legal permanent residency status revoked. The law instituted fast-track deportations and mandatory detention for immigrants with convictions. It restricted access to relief from deportation. It constrained the review of immigration court decisions and imposed barriers for filing class action lawsuits against the former US Immigration and Naturalization Service (INS). It provided for the development of biometric technologies to track “criminal aliens” and authorized the former INS to deputize state and local police and sheriff's departments to enforce immigration law (Guttentag 1997a; Migration News 1997a, 1997b, 1997c; Taylor 1997). In short, it put into law many of the punitive provisions associated with the criminalization of migration today. Legal scholars have documented the critical role that IIRIRA played in fundamentally transforming immigration enforcement, laying the groundwork for an emerging field of “crimmigration” (Morris 1997; Morawetz 1998, 2000; Kanstroom 2000; Miller 2003; Welch 2003; Stumpf 2006). These studies challenged the law's deportation and mandatory detention provisions, as well as its constraints on judicial review. And they exposed the law's widespread consequences, namely the deportations that ensued and the disproportionate impact of IIRIRA's enforcement measures on immigrants with longstanding ties to the United States (ABA 2004). Less is known about what drove IIRIRA's criminal provisions or how immigration came to be viewed through a lens of criminality in the first place. Scholars have mostly looked within the immigration policy arena for answers, focusing on immigration reform and the “new nativism” that peaked in the early nineties (Perea 1997; Jacobson 2008). Some studies have focused on interest group competition, particularly immigration restrictionists’ prohibitions on welfare benefits, while others have examined constructions of immigrants as a social threat (Chavez 2001; Nevins 2002, 2010; Newton 2008; Tichenor 2009; Bosworth and Kaufman 2011; Zatz and Rodriguez 2015). Surprisingly few studies have stepped outside the immigration policy arena to examine the role of crime politics and the policies of mass incarceration. Of these, scholars suggest that IIRIRA's most punitive provisions stem from a “new penology” in the criminal justice system, characterized by discourses and practices designed to predict dangerousness and to manage risk (Feeley and Simon 1992; Miller 2003; Stumpf 2006; Welch 2012). Yet historical connections between the punitive turn in the criminal justice and immigration systems have yet to be disentangled and laid bare. Certainly, nativist fears about unauthorized migration, national security, and demographic change were important factors shaping IIRIRA's criminal provisions, but this article argues that the crime politics advanced by the Republican Party (or the “Grand Old Party,” GOP) and the Democratic Party also played an undeniable and understudied role. The first part of the analysis examines policies of mass incarceration and the crime politics of the GOP under the Reagan administration. The second half focuses on the crime politics of the Democratic Party that recast undocumented migration as a crime and culminated in passage of IIRIRA under the Clinton administration. IIRIRA's criminal provisions continue to shape debates on the relationship between immigration and crime, the crimes that should provide grounds for expulsion from the United States, and the use of detention in deportation proceedings for those with criminal convictions. This essay considers the ways in which the War on Crime — specifically the failed mass incarceration policies — reshaped the immigration debate. It sheds light on the understudied role that crime politics of the GOP and the Democratic Party played in shaping IIRIRA — specifically its criminal provisions, which linked unauthorized migration with criminality, and fundamentally restructured immigration enforcement and infused it with the resources necessary to track, detain, and deport broad categories of immigrants, not just those with convictions.

More than 20 years have passed since the beginning of the judicial reform, which changed the judicial system that existed in the Soviet era, the position of the court and the role of representatives of the population in the process of considering and resolving a criminal case. At the same time, the comparative legal aspects of the implementation of the adversarial principle with the participation of jurors still remain insufficiently studied, since there are practically no works, with the exception of some articles by N. V. Radutnaya, such as «Trial by jury in the continental system of law», «Juror in Criminal Procedure», which raised issues related to the emergence of an adversarial model of criminal proceedings with the participation of representatives of the people. The aim of the work is to develop a theoretical understanding of the genesis of adversarial proceedings in common law countries with the participation of jurors. This goal predetermined the need to identify the historical path of the formation and development of forms of participation of representatives of the population in the administration of justice in Ancient Greece, England and the United States. Particular attention is paid to the comparison of historical features that took place in a specific period of development of the state, which later served as the basis for the reception of provisions on the adversarial form of criminal proceedings with the participation of jurors in other countries. As a methodological basis, the work used formal and logical methods (induction, deduction, analysis, synthesis, hypothesis, analogy), the ascent from the abstract to the concrete, as well as some special scientific methods: historical, comparative legal, technical and legal. The theoretical significance of the work lies in the formulated conclusions, which can serve as a basis for the development of theoretical and practical provisions on the adversarial form of criminal proceedings with the participation of jurors in the Russian Federation in order to improve the current criminal procedural legislation.

The World Trade Center Attack or 9/11 tragedy has awakened the international community, particularly the United States (US) to sharpen its foreign policy in facing security threats coming from ‘weak states’. One of the most prominent weak states examples that pose a grave threat to other countries are the Northern Triangle Countries of Central America that referred to Guatemala, Honduras, and El Salvador. Hence, this paper will discuss the rationale behind US initiatives in dealing with security threats in El Salvador as one of the Northern Triangle Countries. In analyzing the case, the writers will use the weak state concept and national interest concept. The result of this paper finds that El Salvador corresponds to the elements of a weak state and further poses security threats by giving rise to transnational criminal organizations, drug trafficking, and migrant problems in which overcoming those security threats has become US vital national interest. 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The development of information technologies and the global change in the economic situation in the world have necessitated adequate legal regulation of cryptocurrency turnover. Maintaining a balance of private and public interests in the process of confiscation of virtual assets as products of criminal activity or means of committing a crime is an essential element in maintaining the stability of criminal law mechanisms for combating crime. Considering the United States of America case, the author analyzes the models of cryptocurrencies and digital assets confiscation in the form of criminal, civil and administrative confiscation. The author also studies legislative initiatives that allow US law enforcement agencies both to provide the possibility of compensation for victims of criminal activity and to restore social and public justice in order to prevent the development of criminal activity. The author concludes that it is possible to use the positive experience of the United States in the framework of Russian legal regulation.

The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.

Racial inequality is a major aspect of Americas history due to the major impacts that slavery had, with black people being the primary victims. Over the past decades, the shapes and forms of racism have changed from overt practices, such as slavery to covert forms. Reviewing the literature on racism in America showed that the changes led to the false illusion that racism ended in America, which is not true, considering the widespread discrimination of blacks and other groups. This paper mainly discusses human rights and racial inequality shifts in contemporary United States with cases studies, critically analyzes racism in contemporary America, including the case of police killing and abuse, show that racial minorities, for instance, African Americans endure high poverty rates, injustice, and victimization by the criminal justice system. The evidence of widespread racism in contemporary America demonstrates the need for change, focusing on addressing the underlying causes, including poor and unfair policies.

Crime is costly, yet we understand little about it. The United States justice system costs $280 billion per year, but compared to other areas, such as medicine and agriculture, we have few answers for the field's fundamental questions, like what causes crime and how we can best use our justice system to respond to it. In addition, the success or failure of the justice system impacts our safety, freedoms, and trust in government. Criminologists are working to bridge this gap in knowledge using methods that are fundamentally statistical, including randomized designs, case-control studies, instrumental variables, and natural experiments. This review discusses how criminologists explore the police, courts, sentencing, and communities and their effect on crime using daylight saving time, natural disasters, coding errors, quirks in funding formulas, and other phenomena to simulate randomization. I include analyses of racial bias, police shootings, public defense, parolees, graffiti, vacant lots, and abandoned buildings. This review should encourage statisticians to bring their methods and expertise to bear on criminological questions, as the field needs broader and deeper scientific examination.

For the past several decades, the county jail in a large metropolitan city in the southeast United States has been overcrowded, which has resulted in violence within the jail, excessive costs to the Sheriff's Office, and a requirement of Federal oversight of the jail from 2005 to 2015. In spite of these events, little is understood about why jail overcrowding is prevalent in the county and what impacts overcrowding may have on the communities around the jail. Using Shaw and McKay's social disorganization theory as the foundation, the purpose of this case study was to understand the unique circumstances around in the geographic region that may contribute to overcrowding in order to avoid the risk of future federal government intervention. Data were collected through interviews with jail administrators and staff, commissioners, and judges. Additionally, publicly available data related to the operations of the jail were collected. These data were inductively coded and then subjected to a thematic analysis procedure. Key findings identified the primary causes of overcrowding to include increases in the number of correctional clients with mental health problems, increases in the number of youthful offenders, and deficiencies in capacity at the primary jail facility that has not kept pace with population changes in the county. Positive social change implications include recommendations to jail administrators and lawmakers to use statutory authority to alleviate some of the problems in and around the jail facility. These recommendations may reduce the financial and legal risk for the county and promote public safety both within and outside the jail.

This thesis explored the communication and conflict style contrasts between criminal justice professionals and African American defendants that can interfere with the equitable administration of justice in the criminal justice system in Dane County, Wisconsin. The focus of this research was on the potential conflict style contrasts between criminal justice professionals and African Americans because the racial disparity in the incarceration rate was greatest for African Americans. This research project began from the premise that the racial incarceration rate disparity was caused in part by differences in cultural conflict and communication styles, and it explored the intersection of power differentials and cultural conflict and communication style differentials. The study employed the Intercultural Conflict Style Inventory, courtroom observations, and two focus groups. One focus group was composed of professionals in the criminal justice system from Dane County, Wisconsin, and the other of African Americans who have been impacted negatively by this system. All findings were used to develop specific training recommendations to help criminal justice professionals to understand conflict and communication style preferences with the intention of decreasing the disparate treatment of members of the African American community. The combined research strategies suggested that the primary culture of the criminal justice system was consistent with European American cultural preferences for low-context, direct, and emotionally restrained communication and conflict styles, which contrasts with the general preference of the African American culture for a more emotionally expressive engagement style. While this research did not specifically indicate that intercultural miscommunication directly impacts the equitable distribution of justice in Dane County, it did suggest that cultural contrasts may be one variable contributing to the inequitable distribution of justice.

As a restut of British colonization and their attempts to govern a variety of different cultures many nations now share a common bond in their criminal justice systems. This research focuses on the impact of some of those common bonds on the South African and United States criminal justice systems. Along with many national historical similarities there appears to be similarities in the approaches these two governments have taken to remedy criminal justice issues that arise. Political interference, lack of cooperation, poor communication skills, interagency discord and a lack of unified direction seem to plague both criminal justice systems. As a resulc both criminal justice systems appear: to be fragmented and in a constant state of flux. One solution that attempts to remedy the mistrust developed by individual citizens and their communities as a result of the fragmentation of their criminal justice system is community policing. Both nations are embarking on a concept that was proposed by Sir Robert Peel in 1829 when he espoused the ideal of Police, at all times, should maintain a relasionship with the public that gives reality to the historic tradition that the police are the public and the public are the police. The fragmentation which causes many of the dilemmas faced by the criminal justice system appears to be a necessary element of any system that wishes to be able to grow and change with time. As we embark on the 21st century, globalization w1ll become a factor in every surviving national goverernment. South Africa and the United States appear co be positioning themselves to be active patcipants in this process
Criminology and Security Studies
D.Litt. et Phil. (Criminology)

Drawing upon empirical studies of racial discrimination, the Movement for Black Lives platform calls for the abolition of capital punishment. The authors defend the Movement’s claim that the death penalty in the United States is a “racist practice” that “devalues Black lives.” They first sketch the jurisprudential history of race and capital punishment in the United States, wherein courts have occasionally expressed worries about racial injustice but have usually called for reform rather than abolition. They argue that the racial discrimination at issue flows in part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law.