scholarly journals Coping with a Limited Capacity to Punish

2014 ◽  
Vol 2 (8) ◽  
pp. 70-80
Author(s):  
Jennifer M Miller ◽  
James W Golden
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Prison Population ◽  
The State ◽  
Previous Article ◽  
Limited Capacity ◽  
Prison Overcrowding ◽  
Prison Populations

This project replicated a study by Farnworth, Golden and Tester in 1991 to determine if alternate sentencing practices, such as charge reductions and probation, were being used to decrease prison populations and lessen the burden on the criminal justice system as a whole. The previous article sought to support earlier findings that asserted that prison overcrowding caused an increase in the use of charge reductions and felony convictions, but found this to be untrue [1]. They actually found decreased use of charge reductions during the decade under study even as the prison population continued to rise. The current study analyzed data during the period of 1990 to 1999 from Pulaski County, Arkansas in the context of Pontell’s [2] concept of “a limited capacity to punish.” The Arkansas data analyzed also demonstrated a decrease in charge reductions as the prison population for the state grew thus supporting the previous research on the topic.

scholarly journals Explanations for the Punitive Turn of Crime Policy in Bolivia, 2006-2016

2018 ◽  
Vol 7 (4) ◽  
pp. 33-50 ◽  
Author(s):  
Jorg Stippel ◽  
Juan E Serrano Moreno
Keyword(s):  
Domestic Violence ◽  
Latin America ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Statistical Data ◽  
Prison Population ◽  
Crime Policy ◽  
And Shifts ◽  
Prison Populations

In the last decade, Bolivia, as with most countries in the region, has seen an unprecedented increase of its prison population. This is often explained as the consequence of a punitive populism sweeping Latin America. Our article investigates what triggered this punitive turn in Bolivia by identifying some of the factors that impact crime policy and growing prison populations since the election of president Evo Morales in 2006. We argue that a complex array of local and international factors and shifts in crime policy to harden approaches to domestic violence led to steep increases in remand populations. Combined with other inefficiencies in the criminal justice system, this led to sustained increases in the prison population throughout most of this period. This study is based on new and previously unstudied statistical data produced by the Bolivian institutions in charge of implementing crime policy.

Public Attitudes Toward New Prisons in New Zealand and Deficit Narratives: A Quantitative Survey

2018 ◽  
Vol 29 (4) ◽  
pp. 348-360 ◽  
Author(s):  
Adele N. Norris ◽  
Kalym Lipsey
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
News Media ◽  
Media Coverage ◽  
Justice System ◽  
Prison Population ◽  
Public Attitudes ◽  
The United States ◽  
Quantitative Survey

The imprisonment rate in New Zealand ranks seventh among the Organisation for Economic Co-operation and Development (OECD). Yet the imprisonment of Indigenous people is on par with the United States, which has the world’s highest incarceration rate. Almost 70% of the prison population in New Zealand is comprised of people racialized as non-White. In 2016, the National Government proposed to spend $2.5 billion over a 5-year period to build new prisons (1,500 prison beds) to accommodate a growing prison population. This study assessed public attitudes toward the need for more prisons and the equity of treatment of individuals within the criminal justice system. Findings from a 2016 and 2017 quantitative survey of 5,000 respondents each year revealed that roughly half of the respondents believed the proposed spending for new prisons to be extremely to somewhat necessary. A large proportion of respondents also believed Māori and Pākehā, if convicted of the same crime, are treated similarly within the criminal justice system. New Zealand scholars have critiqued news media coverage of contentious sociopolitical issues, such as crime and prisons, for employing tactics that have worked to construct a morally and culturally deficit “Other” while normalizing whiteness, rendering it invisible and raceless. This article concludes that this process masks racial disparities of individuals located within the criminal justice system and preserves the ideal that prisons are a normal function of the social landscape.

scholarly journals TINJAUAN YURIDIS EKSISTENSI HAKIM PENGAWAS DAN PENGAMAT DALAM SISTEM PERADILAN PIDANA INDONESIA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Maroni Maroni
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Court Decisions ◽  
Procedural Law

Monitoring and observation of court decisions made by judges is a new institution in the criminal procedural law in Indonesia. Through monitoring and observation of expected gaps (gap) between what the judge decided and reality implementation of the criminal in prison can be bridged. Judges will be brought closer to the prosecutors and corrections officials so that judges can follow the development of the state of the convict. Keywords: Judge, Supervisor and Observer, the Criminal Justice System

West Belfast

The Hoods ◽  
2018 ◽  
Author(s):  
Heather Hamill
Keyword(s):  
Criminal Justice ◽  
Working Class ◽  
Criminal Justice System ◽  
Justice System ◽  
Political Conflict ◽  
The State ◽  
The Political ◽  
Irish Republican Army

This chapter argues that, from the early days of the political conflict in the 1970s the conditions were such that the Irish Republican Army (IRA) adopted some of the functions of the state, namely the provision of policing and punishment of ordinary crime. The hostility of the statutory criminal justice system, particularly the police, toward the working-class Catholic community dramatically increased the costs of using state services. The high levels of disaffection and aggression among working-class Catholics toward the police meant that the state could no longer fulfill its function and police the community in any “normal” way. A demand for policing therefore existed. Simultaneously, this demand was met and fostered by the IRA, which had the motivation, the manpower, and the monopoly on the use of violence necessary to carry out this role.

Criminology in the Arab World: Misconceptions, Nuances and Future Prospects

2019 ◽  
Vol 60 (3) ◽  
pp. 519-536
Author(s):  
Nabil Ouassini ◽  
Anwar Ouassini
Keyword(s):  
Economic Development ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Arab World ◽  
The State ◽  
Religious Violence ◽  
Future Prospects ◽  
Comparative Criminology

Abstract In the protests that occurred throughout the Arab world, the criminal justice system has been the focal contention between citizens and the state. However, the notoriety of Arab regimes has compelled academics to devote their endeavours to political/religious violence, economic development/stagnation and the durability of undemocratic systems that has inhibited the production of criminological scholarship. The study of criminology in the Arab world is critical and necessitates special attention. The following article propounds the establishment of an Arab criminology sub-field that highlights strategies in research in the region, evaluates the current approaches, addresses the challenges and examines its implications on southern, international and comparative criminology.

‘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.

The Muddied Path between the Criminal Court and the State Hospital

1980 ◽  
Vol 8 (4) ◽  
pp. 389-411
Author(s):  
Jeffrey L. Geller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
State Hospital ◽  
Treatment Program ◽  
Professional Education ◽  
Justice System ◽  
Community Care ◽  
Community Education ◽  
Criminal Court ◽  
The State

The court's use of the state hospital has been characterized by misuse of criminal commitment statutes to gain admission for defendants. The author examines this process by focusing on the interaction between hospital and court during a 1-month period. The outcome indicates that despite the best intentions of both the legal and the psychiatric professions, criminal commitments yield neither a treatment program nor an aftercare plan. Specific suggestions concerning professional education, forensic services, chronic community care, and community education are made with a focus toward the diminution of inappropriate referrals to the state hospital by the criminal justice system.

scholarly journals Reducing Recidivism Not Rights: Rethinking Interior Architecture as a solution for New Zealand's failing prisons

2021 ◽  
Author(s):  
◽  
Luuk Abernethy
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Prison Population ◽  
The United States ◽  
Western World ◽  
Recidivism Rate ◽  
Model Framework ◽  
Recidivism Rates

<p>This thesis argues that the design of the built environment of a prison can have a huge impact on lowering recidivism rates of prisoners in New Zealand. It proposes that this can be achieved through the development of a new health model/framework that facilitates positive relationships between families, prison staff and other inmates; supports spiritual, mental and physical health; equips inmates for participation to society upon release; and gives them a sense of identity. It further argues that this framework can then be applied to the design process to create a new precedent for prison design that effectively rehabilitates and reintegrates its inmates into society. The work of key architects, and theorists such as Hohensinn Architektur and Dominique Moran, have been analysed to help translate their successful designs and theories into a New Zealand model of correctional facility.  Prisons are institutions of deprivation and isolation. Marginalised by and separated from community, they are maintained by physical and psychological structures designed only to isolate. Imprisonment results in individuals embittered and hardened by the experience, who are likely to reoffend, and become lifelong participants in the criminal justice system. New Zealand’s prison population has been substantially increasing since the 1980s. The current imprisonment rate per population is the second highest in the Western World, second only to the United States. This increase is due to a combination of changes in political economy, an attitude of exclusion of minority groups by the criminal justice system and a rise in penal populism. New Zealand currently imprisons 212 people for every 100,000, and has a recidivism rate of 50 percent. Māori represent over 50 percent of our prison population, whilst only 15 percent of the overall New Zealand population. These statistics are self-evident; our prisons aren’t working. They are not successfully rehabilitating and reintegrating inmates into society.  This design-led research investigation offers a new process for prison design: one that strives to design for humans, humans of intrinsic moral worth. This is based on the premise that all people are capable of change and improvement; creating impactful change through design to the extremely high recidivism rates of inmates in New Zealand.</p>

scholarly journals A Critical Study on Implementation of Section 357A of the Criminal Procedure Code with reference to the Rights of the Victims

2021 ◽  
Vol 6 (9) ◽  
pp. 45-56
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
The State ◽  
Judicial System ◽  
Critical Study ◽  
Legal Service ◽  
Procedure Code

It is a weakness of our jurisprudence that the victims of the crimes, and the distress of the dependants of the prisoner, do not attract the attention of the law .The District Legal Service Authority (DLSA) or the State Legal Service Authority (SLSA) needs to decide the quantum of compensation to be given under the scheme. Section 357A was a necessary enactment, and is useful, because the victim need not prove his case to get compensation under this section, which should hasten the process, but unfortunately the scheme is not being implemented completely. This paper analyses the plight of the victims of crimes under the Indian Criminal Justice System, and the importance of section 357A for protection of their rights. It further argues that that the scheme is not being implemented properly, and there is a lack of uniformity in the statute of each state. The verification procedure of these states is justified only if it does not hinder the compensation of a genuine victim. It explains the importance of immediate compensation, and the role of judiciary in the journey from the enactment to implementation of any scheme and statute. This paper concludes by suggesting changes that could be brought into the Indian Criminal judicial system for the betterment of the victim’s right and society atlarge.

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