scholarly journals Who is afraid of the Gods? Rethinking escapism in Nigerian dramatic literature

2021 ◽  
Vol 10 (2) ◽  
pp. 81-95
Author(s):  
Olutoba Gboyega Oluwasuji
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Cultural Theory ◽  
Dramatic Literature ◽  
Cultural Setting ◽  
Political Landscape ◽  
Fields Of Study ◽  
The People

Escapism can mean different things to diverse sets of people in various fields of study. To some people, it can mean escape to reality, while some can denote it as an escape to entertainment or distraction from boredom. Escapism in this paper takes a different turn and adopts the term to identify how different decisions can be influenced in any socio-cultural setting. Using South Western Nigeria as a case study, this paper questions the possible interpretations of escapism and the extent to which leaders, especially, identify with them. This paper uses Ahmed Yerima's Sacred Mutters and Iyase to explore the issue of misinterpretation and human machination to escape punishment from the gods. "Sacred Mutters" and "Iyase" highlight leaders' plight before their ascension into power, and the issue of human carelessness, and how he or she is misguided by his or her own intellectual and spiritual interests. The paper argues that modernization and Westernisation had crippled most of the significant and core aspects of African norms, values, and traditions. This degradation has affected the criminal justice system of the people. Against this background, the paper adopts Olawole Famule's connective cultural theory to explore escapism, misinterpretation, and machination in Nigerian discourse. The paper concludes that escapism is the main cause of corruption in the socio-political landscape of Nigeria and calls for a return to traditional African system.

Do Americans Like to Punish?

Metamorphosis ◽  
2018 ◽  
Author(s):  
Robert A. Ferguson
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Western Europe ◽  
The United States ◽  
Political Values ◽  
The People ◽  
American Prison

This chapter addresses the question of whether Americans like to punish. The United States clearly punishes more heavily and for longer periods than other countries, with comparable social and political values. One can land in an American prison for life over minor offenses—a punishment not used for serious offenses in Western Europe. The leading comparativist on criminology, James Whitman, argues that a politics of dignity has instilled mercy and mildness in European systems, while leveling impulses, distrust of authority, and too much power in the people is said to have left the United States with a criminal justice system long in degradation and short on mercy.

‘Coercive confinement’: An idea whose time has come?

Incarceration ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 263266632093644 ◽  
Author(s):  
Ian O’Donnell ◽  
Eoin O’Sullivan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Asylum Seekers ◽  
Justice System ◽  
Psychiatric Hospitals ◽  
The State ◽  
Carceral State ◽  
National Programme

This article argues in favour of ‘coercive confinement’ as a useful addition to the criminological lexicon. It suggests that to properly understand a country’s level of punitiveness requires consideration of a range of institutions that fall outside the remit of the formal criminal justice system. It also requires a generous longitudinal focus. Using Ireland as a case study, such an approach reveals that since the foundation of the state, the prison has gradually become ascendant. This might be read to imply a punitive turn. But when a broader view is taken to include involuntary detention in psychiatric hospitals, confinement in Magdalen homes and mother and baby homes, and detention in industrial and reformatory schools, the trajectory is strongly downward. This might be read to imply a national programme of decarceration. (In recent years, asylum seekers have been held in congregate settings that are experienced as prison-like and they must be factored into the analysis.) While some of these institutions may have been used with peculiar enthusiasm in Ireland, none are Irish inventions. It would be profitable to extend the idea of ‘coercive confinement’ to other nations with a view to adding some necessary nuance to our understanding of the reach and grip of the carceral state.

scholarly journals The Reformulation of Restitution Concept in Juvenile Cases (A Comparative Study with Philippines and Thailand)

2020 ◽  
Vol 07 (03) ◽  
pp. 400-420
Author(s):  
I Wayan Aryana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The Philippines ◽  
Literature Study ◽  
Criminal Cases ◽  
Legal Concept ◽  
The People ◽  
Resolution Model ◽  
System 2

The principles of international law mandate diversion as a model for solving juvenile cases. The diversion model as a resolution model in Indonesia, Philippines, and Thailand is rooted in the traditional culture and local wisdom of the people. Diversion agreement can take form of restitution. This study discusses three issues: (1) diversion in juvenile criminal justice system, (2) restitution in diversion, and (3) comparison of restitution in the Philippines and Thailand. This study employs normative legal approach, which examines the ambiguity of norms of restitution forms. Currently, restitution is interpreted merely as reimbursement for victim. This study collected primary and secondary legal materials collected through literature study. This study employed statutory, legal concept, and comparative law approaches. The focus was on the Philippines and Thailand contexts. The analysis was conducted qualitatively. Diversion is a specialty in the juvenile criminal justice system in which criminal cases committed by children are resolved by deliberation. The result of the diversion agreement can be in the form of restitution as agreed in the deliberation. The Law Number 11 of 2012 on the Juvenile Criminal Justice System recognizes form of restitution. The form is money. It is different from the Philippines and Thailand that formulating a form of restitution in the form of services provided by the perpetrator and/or his family to the victim and/or his family. This form of restitution is based on social realities in which the economic condition of the perpetrator’s family makes it impossible to pay restitution in the form of money. The restitution of work services can be a material for reformulation in the dimension of ius constituendum in Indonesia.

scholarly journals Analysis Of Judicial Policy In Deciding Criminal Acts Based Alternative Indictment (Case Study Decision Number 82 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 147
Author(s):  
Nur Dwi Edie W ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Field Observation ◽  
Justice System ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Criminal Code ◽  
Observation Methods ◽  
Case Number

In the criminal justice system process the judge plays a role in implementing the decision in which the decision was taken in consideration of the indictments by the prosecutors. In alternative indictments each indictment is mutually exclusive. The judge will choose one of the charges proven according to his conviction. Therefore the alternative indictment is also called the indictment of choice (keuze telastelgging). This research formed the formulation of the problem namely how is the juridical implication of alternative forms of indictment in case number 82 / Pid.B / 2019 / PN.Blora and what is the basis of the judge's judgment in deciding case Number 82 / Pid.B / 2019 / PN.Blora with alternative indictment. This research uses juridical sociological methods with descriptive analysis research specifications. The data used for this study are secondary data with field observation methods and literature and document studies. Based on the research it was concluded (1) the preparation of the indictment in the case of verdict number 82 / Pid.B / 2019 / PN Bla based on Article 378 of the Criminal Code, with an alternative Article 372 of the Criminal Code. In this case, the element that eliminates one another is about the "existence" of the goods in the possession of the defendant. (2) In decision number 82 / Pid.B / 2019 / PN Bla, the judge considers that based on the legal facts revealed in the trial the defendant violated the criminal provisions as in the Second Indictment of alternative charges Article 378 of the Criminal Code Jo Article 64 paragraph 1 of the Criminal Code.�Keywords: Judge Policy; Criminal Decisions; Alternative Indictments.

scholarly journals The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

2020 ◽  
Vol 16 (1) ◽  
pp. 59-69
Author(s):  
Kamri Ahmad ◽  
Hambali Thalib ◽  
Mursyid Muchtra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Security ◽  
Public Prosecutor ◽  
The Public ◽  
The Supreme Court ◽  
Nickel Mining ◽  
Financial Losses

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

scholarly journals "Case Study 7.2 Data to Bring Justice: Addressing Disparities in the Criminal Justice System"

2018 ◽  
Author(s):  
Pamela Oliver
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Engagement ◽  
Justice System ◽  
Public Sociology ◽  
Community Groups ◽  
Professional Sociology ◽  
System P ◽  
Research Action

Pamela Oliver "Case Study 7.2 Data to Bring Justice: Addressing Disparities in the Criminal Justice System" Preprint of chapter in Philip Nyden. Leslie Hossfelt, and Gwen Nyden (eds.) 2011 Public Sociology: Research Action and Change. Pine Forge Press. https://us.sagepub.com/en-us/nam/public-sociology/book234763 This is a case study of my racial disparities work that overlaps somewhat with other presentations I have made of the same material. My work has involved doing descriptive statistical analyses of racial patterns of imprisonment and making public presentations on these patterns, as participating in many meetings of boards and committees working on these issues. Part 1 of this article describes the background of my work and how I got involved, partly through connections with community groups and partly through luck. Part 2 describes my public engagement, including giving talks and participating in many meetings as well as doing analyses at the request of community groups. Part 3 is reflections on the differences and tensions between public and professional sociology.

scholarly journals The Criminal Justice System as Enablement for Social Order in Nigeria

2019 ◽  
Vol 17 (1) ◽  
pp. 72-86
Author(s):  
Darlington Iwarimie-Jaja ◽  
Raimi Lasisi
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Social Order ◽  
Justice System ◽  
Data Gathering ◽  
Complementary Method ◽  
The People ◽  
Content Analysis Method ◽  
The Rich ◽  
The Government

The place of the Criminal Justice System (CJS) in ensuring and sustaining social order in any country has been long established especially with the understanding that norms, rules, and laws act as social adhesives for society. However, some countries in the developing world seem to be grappling with significant challenges associated with criminal justice delivery as a consequence of the real and perceived inefficiency of the CJS in dealing with deviant issues. This to a large extent tend to undermine social order and by extension the collective conscience of the people. In Nigeria, criminal justice issues have attracted strong theoretical and practical affronts with the dominant perspective being that the poor are often denied justice in favour of the rich with adverse implications for social order. As a result, this paper examined the issue of the CJS in order to show how this affects social order in Nigeria. The paper adopts the content analysis method for data gathering and the qualitative approach to data analysis. Also, the Marxist Political Economy perspective is adopted as the theoretical framework as well as a complementary method of analysis. The paper submits that in a society like Nigeria where criminal justice is significantly defined by the politics of corruption, social order will be largely elusive and in its place, there will be an obvious consistency in criminal activities in the country. The paper recommends among others that the government should strengthen the criminal justice system and provide an enabling environment for it to function effectively if social order is to be achieved in Nigeria.

scholarly journals Social Representations of Homicide Investigations by Judges, Prosecutors and Police: A Case Study from the Metropolitan Area of Brasilia

2019 ◽  
Vol 8 (1) ◽  
pp. 85-99
Author(s):  
Bruno Amaral Machado ◽  
Maria Stela Grossi Porto
Keyword(s):  
Criminal Justice ◽  
Focus Group ◽  
Human Resources ◽  
Criminal Justice System ◽  
Working Conditions ◽  
Metropolitan Area ◽  
Justice System ◽  
Social Representations ◽  
Police Chiefs

This article examines homicide in the Metropolitan Area of Brasilia (MAB), analysing social representations from elites in the criminal justice system, including police chiefs, prosecutors and judges. It draws on the theory of social representations (TSR) to explore the imaginaries constructed around the criminal justice system’s inability to adequately investigate the rise in homicides. The representations from focus group participants highlight a lack of resources, infrastructure, equipment and human resources, as well as unsatisfactory working conditions. In seeking to understand and situate themselves in new realities and contexts, these elite criminal justice actors ultimately place themselves within the available reserve of knowledge, in which they claim that ‘nothing works’. Hence, this enables these powerful actors to justify themselves and blame others, while denying their inability to adequately investigate homicides. A hidden rationale emerges that represents the homicide victims of drug crimes and gang feuds as unworthy of investigation.

scholarly journals Mereposisi Korban dalam Sistem Peradilan Pidana di Indonesia: Suatu Keterlemparan (gowerfen-sein) dalam Mitos Modernitas

2019 ◽  
Vol 8 (4) ◽  
pp. 525
Author(s):  
Rocky Marbun
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Common Sense ◽  
Justice System ◽  
Secondary Data ◽  
Grand Narrative ◽  
The People ◽  
Critical Approaches ◽  
Justice Process ◽  
Criminal Justice Process

Myths in the modern era are things that are considered like truth. It arises through the process of hegemony and dialectical domination by the authority in history. So, myth is a phenomenon of common sense without criticism. The state's presence in the criminal justice process as a grand narrative identified with the interests of victims and society, in general, is common sense without criticism. This study aims to reveal whether the myth of modernity is a representation of victims in the Criminal Justice System. This study uses a normative juridical method based on secondary data with several models of approaches, including conceptual approaches, philosophical approaches, and critical approaches. The result of this research shows the phenomenon of objectification and reification of the people as victims in the Criminal Justice System in Indonesia. Mitos dalam era modern merupakan hal-hal yang diandaikan begitu saja sebagai suatu kebenaran. Hal tersebut tampil melalui proses hegemoni dan dominasi dalam dialektika otoritas dalam sejarah. Sehingga, mitos merupakan suatu fenomena common sense tanpa kritik. Kehadiran negara dalam proses peradilan pidana sebagai narasi tunggal (grand narrative) yang diidentikan dengan kepentingan korban dan masyarakat secara umum, merupakan common sense tanpa kritik. Penelitian ini ditujukan untuk membongkar apakah mitos modernitas tersebut merupakan representasi korban dalam Sistem Peradilan Pidana. Penelitian ini menggunakan metode yuridis normatif yang berbasis kepada data sekunder dengan beberapa model pendekatan, antara lain pendekatan konseptual, pendekatan filsafat, dan pendekatan kritis. Hasil penelitian ini menunjukkan adanya fenomena objektivikasi dan reifikasi terhadap masyarakat sebagai korban dalam Sistem Peradilan Pidana di Indonesia.  

American Prosecutors as Principals and Agents

2020 ◽  
Author(s):  
Brett Curry ◽  
Banks Miller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Decisive Role ◽  
Law And Order ◽  
Public Defenders ◽  
District Attorneys ◽  
The People ◽  
Correctional Systems ◽  
Legislative Changes

The pervasiveness of their influence arguably makes prosecutors the most consequential actors in the American criminal justice system. Armed with discretion over which cases to pursue, what charges to file, and which issue areas to prioritize, prosecutors play a decisive role in determining what progresses from investigation to the courtroom. It is their charge to do justice in each case, but that obligation hardly forecloses the influence of politics on their decisions. Despite their centrality, however, prosecutors and their behavior have failed to garner even a fraction of the attention that scholars have directed toward law enforcement, correctional systems, or judges. The discretion of American prosecutors is theoretically immense; there are few formal constraints upon it. If a federal or state prosecutor declines to pursue a case that has been referred to him or her, that declination decision is essentially immune from judicial review. But these formalisms come with more practical limitations. At the federal level, United States Attorneys are appointed by the president and, therefore, are expected to carry out an administration’s general policy priorities. In the states, most district attorneys answer to the electorate, which imposes its own constraints on a prosecutor’s freedom of action. Chief prosecutors—state and federal—are simultaneously principals to their subordinates and agents of the people or the president. If those considerations were not enough, American prosecutors must be mindful of still other factors. How might their actions today impact their future career paths? What influence might legislative changes, public opinion, or judicial rulings have on how they operate? Scholarship on prosecutors has addressed some of these questions, but we still lack a good understanding of all the ways in which politics infects prosecutorial decision-making. As “progressive prosecutors”—many who are former public defenders—continue to win office, new questions will arise about how far prosecutors can push reform of the criminal justice system. A major looming question is how voters conditioned to law-and-order rhetoric will evaluate the new prosecutors. Some preliminary work shows that non-White prosecutors tend to reduce rates of incarceration, while Republican-affiliated prosecutors increase them.

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