Shipping list no.: 2007-0389-P. ; Distributed to some depository libraries in microfiche. ; At head of title: 109th Congress, 1st session. ; Mode of access: Internet.
It is documented that imprisonment rates of women have been increasing rapidly, both worldwide and in Australia, over the past decade. Discrimination against women may help to account for their increased numbers in the criminal justice system, but is also a concern in its own right. Looking at the context of New South Wales, we explore how women are subject to direct and indirect discrimination based on sex, race and disability in the police, court and prison systems. Changes in legislation and practices within the system over the past two decades have impacted negatively upon particular groups of people, especially upon poor and racialised women and women with mental or cognitive health concerns. Further to this, practices such as strip searching have a pernicious effect on women in custody. These developments, along with other practices imposed upon women in the criminal justice system, are argued to constitute systemic discrimination.
Democracy is often equated with majority rule. But closer analysis reveals that, in theory and by constitutional design, our criminal justice system should be supermajoritarian, not majoritarian. The Constitution guarantees that criminal punishment may be imposed only when backed by the supermajoritarian-historically, unanimous-approval of a jury drawn from the community. And criminal law theorists' expressive and retributive justifications for criminal punishment implicitly rely on the existence of broad community consensus in favor of imposing it. Despite these constitutional and theoretical ideals, the criminal justice system today is majoritarian at best. Both harsh and contested, it has lost the structural mechanisms that could ensure supermajoritarian support. By incorporating new supermajoritarian checks and reinvigorating old ones, we could make criminal punishment consonant with first principles and more responsive to community intuitions of justice.
From secret stingray devices that can pinpoint a suspect's location, to advanced forensic DNA-analysis tools, to recidivism risk statistic software—the use of privately developed criminal justice technologies is growing. So too is a concomitant pattern of trade secret assertion surrounding these technologies. This Article charts the role of private law secrecy in shielding criminal justice activities, demonstrating that such secrecy is pervasive, problematic, and ultimately unnecessary for the production of well-designed criminal justice tools. This Article makes three contributions to the existing literature. First, the Article establishes that trade secrecy now permeates American criminal justice, shielding privately developed criminal justice technologies from vigorous cross-examination and review. Second, the Article argues that private law secrecy surrounding the inner workings—or even the existence—of these criminal justice technologies imposes potentially unconstitutional harms on individual defendants and significant practical harms on both the criminal justice system and the development of well- designed criminal justice technology. Third, the Article brings the extensive literature on innovation policy to bear on the production of privately developed criminal justice technologies, demonstrating that trade secrecy is not essential to either the existence or operation of those technologies. The Article proposes alternative innovation policies that the government, as both a funder of research and the primary purchaser of criminal justice technologies, is uniquely well-positioned to implement.
Purpose – The purpose of this paper is to discuss the concept of Administration of Justice as a research field and set out an agenda for future studies that could promote the production of scientific knowledge in this area. Design/methodology/approach – This paper explores the idiosyncratic features, dimensions of analysis upon the Administration of Justice, states a research agenda and discusses the main challenges on this theme. This paper conceptualizes Administration of Justice as a research field and discusses related phenomena from institutional and economic perspectives on innovation, performance, governance and legitimacy. Findings – As a research field, Administration of Justice is defined as a set of theoretical concepts, research methods and techniques, aiming to investigate the management processes associated with the use and articulation of resources, knowledge and institutions, at different levels of the justice system, and their influence on the provision of justice in a given social context. As social phenomena, four levels of analysis are proper to investigate the justice system: societal, inter-organizational, organizational and operational. Innovation, performance, governance and legitimacy are central themes of the Administration of Justice and present various gaps and research opportunities. Research limitations/implications – The main implications is the proposal of an agenda for future studies on the Administration of Justice field, which is an important step in raising awareness of the issue. Originality/value – Administration of Justice encompasses a growing interest among academics, justice practitioners and public managers regarding managerial and political practices carried out in the justice system. Although relevant, this subject has been scarcely studied by the management community. This paper invites community to adopt an organizational and institutional perspective to Administration of Justice, setting an agenda for future research.
The importance of the enactment of the Administration of Criminal Justice Act (ACJA) 2015 for the Nigerian Federation and the subsequent state variants have an impact on the need for speedy dispensation of justice. This enactment enjoins all institutional actors that make up the criminal justice system in Nigeria to accelerate the processes leading to the quick dispensation of justice for the defendant, the victim and the society. The Nigeria policing philosophy characterised by centralised command and control governance system appears to be at variance with this aim as provided by the Act. It is particularly so in component states where variants of the ACJA have not been enacted. Quick dispensation of justice may be painful to achieve when the police cannot be controlled by any other body in the Federation other than the central command. This paper provides that if there is no realignment or a total recalibration of the philosophies between the ACJA and the Nigeria Police, the aims of ACJA may become far from reality. The combination of jurisdictional limitation of crime and the peculiar federating structure of the country which imposes a pseudo-independent criminal justice system on each state has a crucial impact on the aims of ACJA.
Recourse to forensic capabilities is on an upward trajectory; yet, concurrently, international scandals have brought the fallibility of forensic science into sharp focus. As such, this thesis explores forensic science's role in Irish criminal process in the light of expectations thereof. Against a backdrop of academic literature and research from other jurisdictions, Irish legislation, caselaw and policy documentation are examined with a view to delineating perceptions and applications of forensic science at key junctures, from crime scene to court. Thereafter, having regard to qualitative data specifically generated for this inquiry, this thesis endeavours to afford the reader hitherto unseen insights into how forensic science and its role is perceived by those working at the coalface of Irish criminal process, providing a valuable window into aspects of the criminal justice continuum, such as investigative decision-making, inter-agency communications, prosecutorial and defence stratagems. Ultimately, it is hoped that these "insider" perspectives, in conjunction with "official" commentary, will enable the identification of potential disconnect between expectations and the actuality of forensic science in Ireland.
Strengthening the rule of law is widely regarded among traditional donors, multilateral institutions, and a growing number of middle income and fragile states as a necessary precondition for sustainable peace, poverty alleviation, and development. Crime and violence deter investment and lower employment, undermine social institutions, and divert resources through direct and indirect costs, all of which hinder development. It is likely to disproportionately affect poor and marginalized populations by limiting access to basic services. The formal criminal justice system is seen in many environments as failing to deliver justice. Most states experiencing fragility do not have the capacity to effectively prevent crime, enforce laws, or peacefully resolve disputes across the whole of their territories. There is another powerful deterrent for communities to seek redress through state criminal justice institutions: they are frequently a primary instrument for the government and elites to maintain power and control through the perpetration of injustice. The informal system, however, is alone insufficient to handle the pressing justice requirements of fragile states, not least for preventing and responding to inter-communal conflict, to serious organized and cross-border crime, and to public corruption and other 'white collar' crime.
This issue brief explains the definition of a disabled person and how they are considered in American Politics. It also examines the interactions of disabled persons and the criminal justice system.
It is widely recognized that the American criminal system is in a state of crisis, but views about what has gone wrong and how it could be set right can seem chaotically divergent. This Essay argues that, within the welter of diverse views, one foundational, enormously important, and yet largely unrecognized line of disagreement can be seen. On one side are those who think the root of the present crisis is the outsized influence of a vengeful, poorly informed, or otherwise wrongheaded American public and the primary solution is to place control over the criminal system in the hands of officials and experts. On the other side are those who think the root of the crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public's concerns and sense of justice and the primary solution is to make criminal justice more community focused and responsive to lay influences. The former view reflects a norm of bureaucratic professionalization; the latter view reflects a norm of democratization. This Essay defines the two camps, specifies the concepts of bureaucracy and democracy underlying each one, and identifies some of the unifying ideas on the democratization side. This Essay thus attempts to bring conceptual order to the present cacophony of voices on criminal justice reform by specifying the conflict of visions at their center. As the opening piece of this Symposium Issue of the Northwestern University Law Review—a symposium not just about democratizing criminal justice but in defense of democratizing criminal justice—this Essay also paves the way for what will follow: a full-throated defense of the democratic criminal justice vision.
This Senior Thesis in Environmental Analysis seeks to explore the ways in which certain food-oriented programs for incarcerated women and women on parole critically resist the Prison Industrial Complex and the Industrial Food System by securing social and ecological equity through the acquisition of food justice. It focuses on three case studies: the Crossroads' Meatless Mondays program, Fallen Fruit from Rising Women: A Crossroads Social Enterprise, and Cultivating Dreams Prison Garden Project: An Organic Garden for Women in Prison. Each project utilizes food as a tool to build community, provide valuable skill sets of cooking and gardening, and educate women about the social, environmental and political implications of the Industrial Food System. Overall, the goal of this thesis is to prove the necessity of food justice programs in the criminal justice system in counteracting the disenfranchisement of certain populations that are continuously discriminated against in the industrialized systems of prison and food.
Over the last 30 years, California's prisoner population expanded eightfold, from roughly 20,000 in the early 1970s to 160,000 in mid-2000. For at least 11 years, prisons have operated at double of their intended capacity. It's created dangerously overcrowded prisons, making it nearly impossible for any sort of rehabilitation to occur.These conditions and 20 years worth of litigation led to the U.S. Supreme Court's landmark decision in May 2011 ordering California to release 46,000 inmates over the next two years. Now Governor Brown's prison population reduction strategy, or AB 109 Public Safety Realignment, is unfolding in what's been the most significant reform of the state's criminal justice system in more than three decades.In order to comply with the Supreme Court's decision, California is in process of reducing the number of inmates housed in state prisons from approximately 144,000 to 110,000 by mid-2013. AB 109 is the state's plan for satisfying this order by shifting many criminal justice responsibilities from the state to the county level.Realignment was implemented on October 1st, which means low-level offenders must serve their sentences locally with a jail term and/or probation. Before AB 109, convicted felons were sentenced to state prison. Inmates currently in state prison will remain there until their sentence is finished.With realignment and the option of no longer sending low-level offenders or parole violators to state prison, counties must use effective and economical alternatives to incarceration at all stages of the local criminal justice process. That means counties will be faced with the question of whether to spend more money on incarceration or use it for rehabilitation services.Four radio pieces, which have aired on KALW Public Radio, are taking a close look at how realignment is unfolding. The first piece looks how legislation in California is starting to respond to the Supreme Court's order by ending bans of public services like food stamps for drug offenders. The second piece takes a look at how San Mateo County is balancing their realignment priorities of building more jails or investing in programs like drug court. The third piece examines CDCR's Alternative Custody Program, a bill that puts women and parents with low-level offenses on early release. But it's been a slow moving process due to the lack of funding for wrap-around services like housing, substance abuse treatment and job training, which was not including in the bill. The fourth piece looks out how Contra Costa County's Sheriff and Probation Office are handling realignment with what they say is a flawed funding formula from the state.
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restorative also contribute to reducing civilisation of criminal justice by implementing restorative also contribute to reducing civilisation of criminal justice by implementing restorative also contribute to reducing relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to relapse into crime? These are the questions that will be explored in this contribution, an attempt to elaborate the intuition that restor elaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restorelaborate the intuition that restorelaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restor elaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restorelaborate the intuition that restorelaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restorelaborate the intuition that restor elaborate the intuition that restorelaborate the intuition that restorelaborate the intuition that restorative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice could function as a new civilisation movement for ative justice 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Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's arguments are best presented to the legislative bodies" and that "it is not the responsibility – or indeed even the right – of this Court to determine the appropriate punishment for particular crimes." Putting aside the question of whether the Court's concerns about institutional competence are sincere, the Court has raised similar concerns in other constitutional cases involving racial disparate impact claims. For instance, in Washington v. Davis – the Court's first clear holding that violations of the Fourteenth Amendment require proof of intentional discrimination – the Court held that rules affecting disparate impact "should await legislative prescription." Similarly, in Administrator of Massachusetts v. Feeney, the Court established a standard for proving intentional discrimination approaching malice, and again directed disparate impact claims to legislatures, stating that "[t]he calculus of effects, the manner in which a particular law reverberates in a society is a legislative and not a judicial responsibility." Thus, the Court has repeatedly argued that the legislature is the appropriate venue for addressing disparate impact claims. The problem, of course, is that advocates turn to courts precisely because legislatures are seen as unresponsive. The legislature may be unwilling to critically examine the death penalty or other criminal justice issues because of a weak constituency militating in favor of reform and political pressures to expand rather than curtail criminal justice penalties. Even when public sentiment may drift away from favoring harsh punishments – as, for instance, in recent polls that show declining support for incarceration for non-violent drug offenders – legislatures may be slow to act because the constituency favoring reform is diffuse, while the constituency favoring tougher penal laws is well-organized and vocal. A central theory justifying judicial review is that legislatures are often unresponsive to issues affecting racial minorities, and, by some accounts, the United States' relatively harsh criminal justice policies (as compared to other Western democracies) are in part a result of the confluence of race with criminal justice. David Garland, for instance, casts punitive responses as resulting from the "criminology of the other," the meting of harsh punishments to perceived social outcasts – at this time in history largely poor blacks – who "lack political power and are widely regarded as dangerous and undeserving."