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1
Forcier, Michael W., Norman R. Kurtz, Dale G. Parent, and Mark D. Corrigan. "Deterrence of Drunk Driving in Massachusetts: Criminal Justice System Impacts." International Journal of the Addictions 21, no. 11 (January 1986): 1197–220. http://dx.doi.org/10.3109/10826088609074849.
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Coufalová, Bronislava. "Criminal Justice rationalization and its possibilities when prosecuting organized crime." International and Comparative Law Review 12, no. 2 (December 1, 2012): 71–85. http://dx.doi.org/10.1515/iclr-2016-0087.
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Abstract Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.
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Pitts, John. "Home Affairs Committee report: Young Black People and the Criminal Justice System." Safer Communities 7, no. 1 (February 2008): 4–8. http://dx.doi.org/10.1108/17578043200800002.
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Alvazzi, del. "Across the borders in search of best practices: International comparative criminology at the UN." Temida 15, no. 2 (2012): 37–44. http://dx.doi.org/10.2298/tem1202037a.
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This paper analyzes the changes of the focus of the UN Committee on Crime Prevention and Control through time and the formation of the new Commission on Crime Prevention and Criminal Justice. The focus of the paper is the contribution of Dusan Cotic, the last Chairman of the Committee.
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Ohana, Daniel. "Sentencing Reform in Israel: The Goldberg Committee Report." Israel Law Review 32, no. 4 (1998): 591–643. http://dx.doi.org/10.1017/s0021223700015818.
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Sentencing reform has been the subject of much debate over the past two decades in North America, Europe and Australia. Among the concerns spurring this widespread reconsideration of sentencing principles and practices, there is the need to promote consistency in sentencing, the crisis in public confidence in the criminal justice system, and the constitutional argument for more legislative intervention in the area of sentencing. The reforms implemented in various jurisdictions to address these concerns have taken numerous forms: at the federal level in the United States, “base sentences” were assigned to each offense category, the final sentence being fixed in the light of the offender's prior criminal history and aggravating and mitigating circumstances; at the state level, several jurisdictions adopted a less detailed system of numerical guidelines, schematized by a two-dimensional grid of sentence ranges defined by classes of offenses and the offender's criminal record. Other jurisdictions, such as Canada, Britain and Sweden, eschewed the use of numerical guidelines as a vehicle to structure judicial discretion in favour of simpler statutory statements of principles in sentencing.
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Elias, Dame Sian. ""Blameless Babes"." Victoria University of Wellington Law Review 40, no. 3 (December 7, 2009): 581. http://dx.doi.org/10.26686/vuwlr.v40i3.5260.
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This is the text of the 2009 Shirley Smith Address delivered by Sian Elias on Thursday 9 July 2009, organised by the Wellington Women in Law Committee. The Chief Justice comments on the status of criminal law in New Zealand, arguing that wider social engagement and buy-in is needed to find answers to the issues in our criminal justice system. The author notes the social element of criminal law as well as the growing emphasis of law and order in the sphere of politics and society. The Chief Justice raises concerns about New Zealand's apparent failure to rehabilitate prisoners as well as the country's prison population. The article suggests several solutions: community education (that imprisonment alone does not reduce crime), promoting intervention (so as to avert risk before crimes occur) and probation, addressing mental health and substance abuse (both within the prison population and within the community), and generally reducing the prison population (so as to avoid significant safety and human rights issues). The author concludes by emphasising the societal nature of criminal law and links back to Shirley Smith's own words.
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Wainwright, Amy, and Michelle Millet. "Social justice, history, and inequity in Cleveland: An overview." College & Research Libraries News 80, no. 2 (February 4, 2019): 105. http://dx.doi.org/10.5860/crln.80.2.105.
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When we first volunteered to be on the Local Arrangements Committee for the ACRL 2019 conference, and to write this specific piece for our colleagues who were coming to our city, neither of us had a clue that the entire third season of the true crime podcast Serial1 would focus on the criminal justice system of Cuyahoga County. But since it was so popular, we considered it a good framing device for a discussion about social justice in Cleveland.If you haven’t listened to Serial, the short version is Cleveland and Cuyahoga County’s criminal and juvenile justice system are shining examples of the inequity that exists in the region. Poverty, segregation, violence, food deserts, crime, and an unfair justice system are all parts of the larger system that remains unjust and unequal in the heart of a Rust Belt city desperate to rise again.
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Pena, Sergio D. J. "DNA and the criminal justice system: The technology of justice. Edited by David Lazer. MIT Press, Cambridge, Massachusetts, 2004, 414 p." American Journal of Medical Genetics Part A 143A, no. 6 (2007): 630–31. http://dx.doi.org/10.1002/ajmg.a.31609.
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Marczyk, Geoffrey R., Kirk Heilbrun, Tammy Lander, and David Dematteo. "Juvenile Decertification." Criminal Justice and Behavior 32, no. 3 (June 2005): 278–301. http://dx.doi.org/10.1177/0093854804274371.
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This study considers the impact of data from the Psychopathy Checklist: Youth Version (PCL:YV), the Massachusetts Youth Screening Instrument (MAYSI), and the Youth Level of Service Case Management Inventory (YLS/CMI) on the court’s decision whether to decertify an adolescent defendant back to juvenile court or keep the defendant in criminal court. There are significant positive relationships between certification status and age; number of violent charges; total charges; PCL:YV, YLS/CMI, and MAYSI total scores; and select subscales of the MAYSI and the YLS/CMI. Significant differences are found between those who remained in the adult criminal justice system and those who were decertified to the juvenile justice system for age, YLS/CMI total score, and the Prior and Current Offenses and Dispositions and Personality and Behavior subscales of the YLS/CMI. The combination of PCL:YV total score and select subscales from the MAYSI and YLS/CMI provided the most accurate model for predicting certification status.
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Luke, Carter, and Arnold Arluke. "Physical Cruelty Toward Animals in Massachusetts, 1975-1996." Society & Animals 5, no. 3 (1997): 195–204. http://dx.doi.org/10.1163/156853097x00123.
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AbstractThis article describes the nature of animal abuse and the response of the criminal justice system to all cruelty cases prosecuted by the Massachusetts Society for Prevention of Cruelty to Animals between 1975 and 1996. Dogs were the most common target; when combined with cats, these domestic animals composed the vast majority of incidents. Almost all of these animals were owned, and females were the majority of complainants. Suspects were almost always young males, and most of the time they allegedly shot, beat, stabbed, or threw their victims. Reportedly, adults were more likely than minors to abuse dogs, shoot them, and commit such acts alone rather than in a group, while minors were more likely to abuse cats, beat them, and commit such acts with peers present. Less than half of the alleged abusers were found guilty in court, one-third were fined, less than one-quarter had to pay restitution, one-fifth were put on probation, one-tenth were sent to jail, and an even smaller percent were required to undergo counseling or perform community service.
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly." American Journal of International Law 91, no. 3 (July 1997): 542–54. http://dx.doi.org/10.2307/2954191.
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At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.
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Nguyen, Duc. "The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice." Bergen Journal of Criminal Law & Criminal Justice 4, no. 2 (January 9, 2017): 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.
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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.
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Lacey, Nicola. "The Prisoners' Dilemma and Political Systems: The Impact of Proportional Representation on Criminal Justice in New Zealand." Victoria University of Wellington Law Review 42, no. 4 (October 3, 2011): 615. http://dx.doi.org/10.26686/vuwlr.v42i4.5116.
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This is the text of the 2010 Shirley Smith Address delivered by Nicola Lacey on 8 December 2010, organised by the Wellington Women in Law Committee. The lecture offers an analysis of why New Zealand has attached itself to increasingly punitive criminal justice policies over the last 25 years, and considers in particular how far this has to do with the shape of New Zealand’s political system.
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Baumgartner, Kabria. "Searching for Sarah: Black Girlhood, Education, and the Archive." History of Education Quarterly 60, no. 1 (February 2020): 73–85. http://dx.doi.org/10.1017/heq.2019.49.
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Roberts v. City of Boston is a well-known legal case in the history of US education. In 1847, the Boston School Committee denied Sarah C. Roberts, a five-year-old African American girl, admission to the public primary school closest to her home. She was instead ordered to attend the all-black Abiel Smith School, about a half-mile walk from her home. In March 1848, Sarah's father, Benjamin, sued the city of Boston for denying Sarah the right to attend the public school closest to her home. The case wound its way through the courts, eventually reaching the Massachusetts Supreme Judicial Court. In 1850, Chief Justice Lemuel Shaw ruled in favor of the city of Boston, affirming that the Boston School Committee had “not violated any principle of equality, inasmuch as they have provided a school with competent instructors for the colored children, where they enjoy equal advantages of instruction with those enjoyed by the white children.” And thus, the doctrine of separate but equal was born in Massachusetts.
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Koredczuk, Józef. "Prace nad kodyfikacją prawa karnego procesowego w Polsce w latach 1919–1928." Opolskie Studia Administracyjno-Prawne 17, no. 3 (January 24, 2020): 37–50. http://dx.doi.org/10.25167/osap.1867.
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In his contribution, the author presents the work on the codification (initially on the Act) of procedural criminal law in Poland in the years 1919–1928. Those works were initially led by the Criminal Department of the Codification Committee, and then by the Criminal Proceedings Section of the Codification Commission. The first period of the work on the criminal procedure law was characterized by some disputes between the members of the Department, i.e. supporters of the classical school (E. Krzymuski) vs. the sociological school (J. Makarewicz), the discussion aiming at defining the relationship of procedural criminal law and substantive criminal law. The work on the draft law was carried out faster after the appointment (on 16 July 1920) of the Criminal Proceedings Section, which in 1924 published the first version of the draft criminal law bill. E. Krzymuski, A. Mogilnicki, Z. Rymowicz and E.S. Rappaport had played the main role in the development of the project. After a very deep criticism in the columns of Gazeta Administracji i Policji Państwowej [The Gazette of State Administration and Police], Ruch Prawniczy, Ekonomiczny i Socjologiczny [The legal, economic and sociological movement] and Palestra [The bar], the project was rejected. Only the second version of the bill prepared in 1925-1926, re-worked by the committee composed of W. Makowski, A. Mogilnicki and S. Śliwiński (appointed by the Minister of Justice), became the basis for the President of the Republic of Poland to adopt the first Polish Code of Criminal Procedure of 19 March 1928.
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly." American Journal of International Law 92, no. 3 (July 1998): 568–76. http://dx.doi.org/10.2307/2997932.
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At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.
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Lynch, Nessa. "Restorative Justice through a Children's Rights Lens." International Journal of Children's Rights 18, no. 2 (2010): 161–83. http://dx.doi.org/10.1163/157181810x12592206285646.
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AbstractRestorative justice is an alternative to the formal criminal justice system which focuses on repairing the harm caused to the victim of the offence, effecting reconciliation between victim and offender, and the re-integration of the offender. Its use is widespread in national youth justice systems. This article will analyse the use of restorative justice in connection with offending by children. It will be argued that despite evidence of endorsement by the Committee on the Rights of the Child, the fundamental concepts of restorative justice are at odds with a children's rights model of youth justice as required by international standards. Not only do similar concerns about due process rights exist for children as for the adult system, it is difficult to reconcile the best interests of the child standard with the victim focused approach of restorative justice, and there are doubts as to whether children have sufficient maturity for remorse and reintegration.
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Wilson, Tim J., and Angela M. C. Gallop. "Criminal Justice, Science and the Marketplace: The Closure of the Forensic Science Service in Perspective." Journal of Criminal Law 77, no. 1 (February 2013): 56–77. http://dx.doi.org/10.1350/jcla.2013.77.1.818.
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Despite hesitant beginnings the Forensic Science Service (FSS) prospered institutionally, as the dominant supplier of forensic science services to the police, after the introduction of neoliberal policies. This ended when the FSS overreached itself and the intensification of neoliberal policies created an incongruity between its organisational objectives and those of its clients. The fortunes of UK forensic science and the FSS diverged long before its closure. Academic and learned society evidence to a Select Committee inquiry into this event, and the influence that this had on the Committee's report, illustrates this change. This expert testimony also explains the importance of the normative, epistemic and professional aspirations of criminal justice practitioners for ensuring the value of forensic science to criminal justice. We argue that the risks threatening scientific evidence, particularly recurrent problems of under-funding and unequal access for the defence, may be masked by older narratives of neoliberalism or too narrow an institutional focus.
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Stockdale, Michael, and Adam Jackson. "Expert Evidence in Criminal Proceedings." Journal of Criminal Law 80, no. 5 (October 2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.
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In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the government invited the Criminal Procedure Rule Committee (CrimPRC) to consider amendments to the Criminal Procedure Rules (CrimPR) to introduce, as far as possible, the spirit of the Law Commission’s recommendations. The consequent amendments to CrimPR Part 33 (now CrimPR Part 19) in combination with the making of the new Practice Direction CrimPD 33A (now CrimPD 19A) by the Lord Chief Justice resulted in what he described in his 2014 Criminal Bar Association Kalisher Lecture as ‘a novel way of implementing an excellent Report’. This paper considers the possible evolution of the common law in light of these amendments, the challenges associated with adopting such a novel approach to reform and the potential opportunities for the improvement of expert evidence in criminal proceedings that the changes were intended to create.
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Davies, Gemma, and Emma Piasecki. "No More Laissez Faire? Expert Evidence, Rule Changes and Reliability." Journal of Criminal Law 80, no. 5 (October 2016): 327–43. http://dx.doi.org/10.1177/0022018316670967.
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The apparent link between miscarriages of justice in prosecutions involving expert evidence and the level of training provided to the legal profession (the Bar in particular) and the judiciary in respect of such evidence was highlighted in 2005 with the publication of the House of Commons Science and Technology Committee Report Expert Evidence on Trial.2 The Law Commission, in the 2011 Report Expert Evidence in England and Wales3 subsequently comprehensively addressed the same issue. This article seeks to consider why appropriate training in relation to expert evidence is so necessary and questions whether, in the context of the amendments to what is now Part 19 of the Criminal Procedure Rules (CrimPR19) and Part 19A of the Criminal Practice Direction (CrimPD19A), there have been sufficient developments in training to effect a cultural change within the legal profession and ultimately substantially reduce the risk of future miscarriages of justice. Finally, the article debates the nature of required training, arguing that much more detailed training is required than has previously been considered and addresses where this training best sits.
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Coleman, Heather. "Soviet Criminal Justice Under Stalin, by Peter H. Solomon, JrSoviet Criminal Justice Under Stalin, by Peter H. Solomon, Jr. Cambridge, Massachusetts, Cambridge University Press, 1996. xviii, 494 pp. $80.00 U.S. (cloth), $29.95 U.S. (paper)." Canadian Journal of History 33, no. 3 (December 1998): 464–65. http://dx.doi.org/10.3138/cjh.33.3.464.
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Fitzpatrick, David. "A “think piece” on intelligence, investigation and prosecution." Journal of Financial Crime 24, no. 3 (July 3, 2017): 449–60. http://dx.doi.org/10.1108/jfc-03-2017-0018.
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Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.
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Little, Craig B. "The Criminal Courts in “Young America”: Bucks County, Pennsylvania, 1820–1860, with Some Comparisons to Massachusetts and South Carolina." Social Science History 15, no. 4 (1991): 457–78. http://dx.doi.org/10.1017/s0145553200021246.
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Historians generally agree that crime, especially serious violence and disorder in America’s urban areas, increased during the first half of the nineteenth century, then leveled off, and eventually declined to the end of the century (Ferdinand 1978, 1980; Lane 1968,1979; Warner 1968). The need to improve institutions of control seemed apparent to many city dwellers in the early part of the century. Their responses, which remain part of our criminal justice system, included urban policing, large-scale penitentiaries, and specialized facilities, such as houses of refuge and reform schools for juvenile offenders. While the story of these urban developments has been well told previously (for example, Barnes 1927; Lane 1967; Rothman 1971; Platt 1969; Johnson 1978; Schneider 1980; Monkkonen 1981; Harring 1983), comparatively little is known about crime and control in peripheral communities, even though less than one-tenth of the American population was urban in 1820 and only one-quarter in 1860.
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Satish, Mrinal, and Shwetasree Majumder. "A Brief Synopsis of the New Offences/Procedures Recommended by the Justice Verma Committee on Amendments to Criminal Law." Journal of National Law University Delhi 1, no. 1 (June 2013): 172–89. http://dx.doi.org/10.1177/2277401720130111.
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Coscas-Williams, Béatrice, and Michal Alberstein. "A Patchwork of Doors." New Criminal Law Review 22, no. 4 (2019): 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.
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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.
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Proctor, Jon L., Diane M. Badzinski, and Michelle Johnson. "The Impact of Media on Knowledge and Perceptions of Megan’s Law." Criminal Justice Policy Review 13, no. 4 (December 2002): 356–79. http://dx.doi.org/10.1177/088740302237804.
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Using survey data, this research examines the role of media exposure and attention to media on people’s knowledge and perception of a specific criminal justice policy: Megan’s Law. Overall, the results revealed that general knowledge ofMegan’s Law is low. Media exposure and attention increased the level of specific knowledge of Massachusetts community notification law but did not have an effect on knowledge of Megan’s Law in general. Attention to crime in the newspaper was related to both support forMegan’s Law and belief in its effectiveness. The low level of variability in support, however, suggests that community notification is an across-the-board popular policy, even among people with minimal media exposure and who pay little attention to crime in the news.
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PoKempner, Dinah, Marc Garlasco, and Bonnie Docherty. "Off target on the Iraq campaign: a response to Professor Schmitt." Yearbook of International Humanitarian Law 6 (December 2003): 111–25. http://dx.doi.org/10.1017/s1389135900001306.
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Law without facts makes a dull subject, and it is one of the peculiarities of international humanitarian law (IHL) that many of the interesting facts are classified or unavailable to those outside the military. This partially explains why IHL until recently has been the redoubt of military lawyers and the International Committee of the Red Cross. That situation is changing, for many reasons.Popular interest in IHL is growing due to concern with responses to terrorism, interventionism (humanitarian and otherwise) and international justice. Civil society organisations have successfully campaigned for both new standards, such as the Landmines Convention, as well as new mechanisms of enforcement, such as the ad hoc international criminal tribunals and the International Criminal Court. At the same time, technology and globalisation have facilitated both real-time battlefront reporting and post-battle analysis by civilians.
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Zhao, Jingchao. "Standardization and Development: Brief Discussion on Chinese Quick Transaction Mechanism of Minor Criminal Case." Journal of Politics and Law 8, no. 4 (November 29, 2015): 277. http://dx.doi.org/10.5539/jpl.v8n4p277.
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<p>At present, establishment of diversified Chinese quick transaction mechanism of minor criminal case has become an important project that the judicial organ have to confront due to the reason that the simple procedure set up by Criminal Law of our country is not efficient for transacting the increasing minor criminal cases. Since 2014, Standing Committee of the National People's Congress has authorized the Supreme People's Court and the Supreme People's Procuratorate to launch reform of quick transaction mechanism of minor criminal case in 14 cities like Beijing according to the overall scheme of Central judicial system reform. Since the reform, Courts around have begun to focus on protecting the lawful rights and interests of the criminal suspect and the defendant when they are establishing quick verdict program of minor criminal cases so as to ensure the justice of the case, of which useful experience has been taken. <br />But from the perspective of judicial practice, judicial process of places is not unified because more principled rules of quick transaction mechanism of minor criminal case are launched only by the Supreme People's Court and the Supreme People's Procuratorate. Many problems occur in practice: application and scope are not inconsistent; time is too long in handle procedures before trial, which will influence efficiency; cooperation of public security unit, the inspecting authorities, and courts are not efficient; evidence system of minor criminal cases is not perfect…… These problems have restricted the function of quick transaction mechanism. Therefore, quick transaction mechanism of minor criminal case is to be standardized.</p>
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Mujuzi, Jamil Ddamulira. "Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (June 26, 2016): 107–34. http://dx.doi.org/10.1163/15718174-24032088.
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Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.
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Warner, Richard. "Implementing local projects to reduce the stigma of mental illness." Epidemiologia e Psichiatria Sociale 17, no. 1 (March 2008): 20–25. http://dx.doi.org/10.1017/s1121189x00002633.
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AbstractThis editorial describes strategies used and the lessons learned in implementing two local anti-stigma projects. The WPA Programme to Reduce Stigma and Discrimination Because of Schizophrenia established projects to fight stigma in 20 countries, using social-marketing techniques to enhance their effectiveness. First steps at each site were to establish an action committee and conduct a survey of perceived stigma. Based on survey results, the action committees selected a few homogeneous and accessible target groups, such as employers, and criminal justice personnel. Messages and media were selected, tested, and refined. Guidelines are provided for setting up a consumer (service-user) speakers' bureau and for establishing a media-watch organization, which can lobby news and entertainment media to exclude negative portrayals of people with mental illness. Improvements in knowledge about mental illness were effected in high school students and criminal justice personnel. Positive changes in attitude towards people with mental illness were achieved with high school students, but were more difficult to achieve with police officers. Local antistigma projects can be effective in reducing stigma and relatively inexpensive. The involvement of consumers is important in working with police officers. Project organizers should be on the lookout for useful changes that can become permanent.
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Gorbachev, V. I., E. S. Netesin, S. S. Gorbacheva, S. A. Sumin, M. V. Khamidulin, and N. N. Utkin. "Analysis of surgical disciplines involved doctors’ personal responsibility for improper delivery of health care." Clinical Medicine (Russian Journal) 98, no. 11-12 (April 18, 2021): 788–93. http://dx.doi.org/10.30629/0023-2149-2020-98-11-12-788-793.
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Currently, there is a serious increase in citizens’ complaints to the Investigative Committee of the Russian Federation. Accordingly, there has been an increase in criminal cases initiated against health professionals. The group of specialists of maximum risk includes, first of all, doctors of surgical specialties: surgeons; anesthesiologists-resuscitators; obstetricians-gynecologists. Purpose of the study. To analyze the criminal cases against surgeons initiated under the second part of Article 109 of the Criminal Code of the Russian Federation. Material and methods. The search for criminal cases was carried out in the following electronic databases: Court decisions of the Russian Federation (https://court decisions.rf) and the state automated system of the Russian Federation "Justice" (https://bsr.sudrf.ru/bigs/portal.html); the search covers the last 5 years period. Results. 235 court decisions in cases open under Part 2. Art. 109 of the Criminal Code of the Russian Federation have been found. The evaluation of territorial and gender characteristics has been carried out. Defects in the delivery of health care identified by the courts and incriminated to doctors are presented. The attitude of surgical specialties doctors to the charges brought, and the applied terms of the main types of punishment are presented: supervised release and denial of the right to practice. Attention is drawn to the aggravating and mitigating circumstances used by the courts.
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Kirsch, Philippe, and John T. Holmes. "The Birth of the International Criminal Court: The 1998 Rome Conference." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 3–39. http://dx.doi.org/10.1017/s0069005800006871.
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SummaryThe adoption of the Rome Statute of the International Criminal Court on July 17, 1998, was an historic achievement culminating decades of efforts to establish a permanent body to bring to justice those responsible for the most serious international crimes. The Bureau of the Committee of the Whole of the Conference played a leading role in forging the final package that was overwhelmingly endorsed by the Conference. In developing this package, the Bureau went to considerable lengths to consult delegations and members of civil society and to accommodate the concerns of the vast majority of participants at the Rome Conference. The Rome Statute is a carefully crafted instrument balancing complex legal and policy concerns and fully consistent with the norms and standards of international law. The successful outcome of the Rome Conference was due to the recognition that this balanced approach was timely and appropriate. The credit for the achievement of this seminal moment in history is shared by the commitment of a core group of states, the so-called Like-Minded Group, the dedication of a number of ministers and delegates to the goal, and the strong, vocal, and committed support of members of civil society.
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Buromenskiy, Mykhaylo, and Vitalii Gutnyk. "International Legal Problems of Qualification of Armed Conflicts." Cuestiones Políticas 39, no. 68 (March 7, 2021): 735–57. http://dx.doi.org/10.46398/cuestpol.3968.47.
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The article addresses the qualification problems of armed conflicts. The study was conducted through the analysis of international legal doctrine, international treaties, decisions of international organizations. Attention is paid to the jurisprudence of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court. It is noted that International Humanitarian Law has been in place since the beginning of the armed conflict. Therefore, the application of International Humanitarian Law does not require any recognition of the existence of armed conflict (international or non-international); this conflict exists because of armed clashes. It is emphasized that the need to classify the conflict arises in view of domestic and international legal factors (to bring to international criminal justice those who have committed war crimes; state responsibility for internationally wrongful acts, etc.). Attention was paid to the non-existence of a single body, which was empowered to determine the existence of an armed conflict. Different international agencies may have different qualifications for the same armed conflict. It is concluded that it is necessary to establish a Committee of Experts under the UN Secretary-General, to avoid different qualifications from the same armed conflict.
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Wijenayake, Vishakha. "The Office on Missing Persons in Sri Lanka: The importance of a primarily humanitarian mandate." International Review of the Red Cross 99, no. 905 (August 2017): 641–62. http://dx.doi.org/10.1017/s1816383118000565.
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AbstractThis article attempts to situate the Office on Missing Persons (OMP) in Sri Lanka in relation to varying approaches to mechanisms for searching for the missing. In particular, the article examines the possible tensions between a humanitarian and an accountability-based mandate and supports the position of the International Committee of the Red Cross that these two approaches can in fact be complementary in nature. It goes on to contend that the OMP's mandate is primarily humanitarian rather than exclusively humanitarian, and analyzes how this distinction may impact possible criminal prosecutions. It emphasizes the importance of preserving the humanitarian character of the OMP with the objective of ensuring that the victims’ rights are at the centre of transitional justice processes.
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Sidorova, Lyudmila Viktorovna, Idris Muhamatyunusovich Gilmanov, Muhamat Muhamatyunusovich Gilmanov, and Rustem Robertovich Magizov. "Analysis of separate aspects of legal proceedings related to the introduction of the code of the Kyrgyz Republic on infractions." Laplage em Revista 6, Extra-C (December 30, 2020): 265–70. http://dx.doi.org/10.24115/s2446-622020206extra-c650p.265-270.
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Since 1987, after the adoption by the Committee of Ministers of the European Council member states of the Recommendation n. 6 R (87) 18 "Concerning the simplification of criminal justice", the legislators of most states began to introduce into their national legislation various simplified forms that allow achieving procedural savings and reduce time in the proceedings. Indeed, this path proposed by the international legislator allows the shortest way to solve the problem of reducing social tension in society. To solve this problem, it is also necessary to develop at a high level the procedural aspects of private prosecution in cases of misdemeanour. Especially heated discussions occur in the latter case around the question about the limits of the list of articles in this category.
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Johnson, Kimberly, Stephanie Richards, Ming-Yuan Chih, Tae Joon Moon, Hilary Curtis, and David H. Gustafson. "A Pilot Test of a Mobile App for Drug Court Participants." Substance Abuse: Research and Treatment 10 (January 2016): SART.S33390. http://dx.doi.org/10.4137/sart.s33390.
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The U.S. criminal justice system refers more people to substance abuse treatment than any other system. Low treatment completion rates and high relapse rates among addicted offenders highlight the need for better substance use disorder treatment and recovery tools. Mobile health applications (apps) may fill that need by providing continuous support. In this pilot test, 30 participants in a Massachusetts drug court program used A-CHESS, a mobile app for recovery support and relapse prevention, over a four-month period. Over the course of the study period, participants opened A-CHESS on average of 62% of the days that they had the app. Social networking tools were the most utilized services. The study results suggest that drug court participants will make regular use of a recovery support app. This pilot study sought to find out if addicted offenders in a drug court program would use a mobile application to support and manage their recovery.
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Rossler, Michael T., Cara E. Rabe-Hemp, Meghan Peuterbaugh, and Charles Scheer. "Influence of Gender on Perceptions of Barriers to a Police Patrol Career." Police Quarterly 23, no. 3 (March 4, 2020): 368–95. http://dx.doi.org/10.1177/1098611120907870.
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Policing as an institution has been under immense pressure to increase the representation of women as police patrol officers. As the representation of women in policing has plateaued, increasing research has focused on barriers to women entering patrol work but has not examined the salience of these barriers with respect to males or reliably determined which barriers are most influential to desire to enter a police patrol career prior to employment. Drawing upon survey responses from more than 640 students enrolled in criminal justice courses across five universities (i.e., University of Southern Mississippi, Illinois State University, University of Massachusetts-Lowell, Indiana University-Purdue University Indiana, and Missouri State University), the current inquiry examines the degree to which female and male students differ in their perceptions of barriers to entering a patrol career frequently listed in the literature. The findings indicate that female students view many of these obstacles differently than male students and that these perceptions influence interest in patrol careers.
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Holloway, Aisha, Victoria Guthrie, Gillian Waller, Jamie Smith, Joanne Boyd, Sharon Mercado, Pam Smith, et al. "A two-arm parallel-group individually randomised prison pilot study of a male remand alcohol intervention for self-efficacy enhancement: the APPRAISE study protocol." BMJ Open 11, no. 4 (April 2021): e040636. http://dx.doi.org/10.1136/bmjopen-2020-040636.
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IntroductionThe prevalence of at-risk drinking is far higher among those in contact with the criminal justice system (73%) than the general population (35%). However, there is little evidence on the effectiveness of alcohol brief interventions (ABIs) in reducing risky drinking among those in the criminal justice system, including the prison system and, in particular, those on remand. Building on earlier work, A two-arm parallel group individually randomised Prison Pilot study of a male Remand Alcohol Intervention for Self-efficacy Enhancement (APPRAISE) is a pilot study designed to assess the feasibility and acceptability of an ABI, delivered to male prisoners on remand. The findings of APPRAISE should provide the information required to design a future definitive randomised controlled trial (RCT).Methods and analysisAPPRAISE will use mixed methods, with two linked phases, across two prisons in the UK, recruiting 180 adult men on remand: 90 from Scotland and 90 from England. Phase I will involve a two-arm, parallel-group, individually randomised pilot study. The pilot evaluation will provide data on the likely impact of A two-arm parallel group individually randomised Prison Pilot study of a male Remand Alcohol Intervention for Self-efficacy Enhancement (APPRAISE), which will be used to inform a future definitive multicentre RCT. Phase II will be a process evaluation assessing how the ABI has been implemented to explore the change mechanisms underpinning the ABI (figure 1) and to assess the context within which the ABI is delivered.Ethics and disseminationThe APPRAISE protocol has been approved by the East of Scotland Research Ethics Committee (19/ES/0068), National Offender Management System (2019-240), Health Board Research and Development (2019/0268), Scottish Prison Service research and ethics committee, and by the University of Edinburgh’s internal ethics department. The findings will be disseminated via peer-reviewed journal publications, presentations at local, national and international conferences, infographics and shared with relevant stakeholders through meetings and events.Trial registration numberISRCTN27417180.
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Parlindungan, Ahmad. "Analisis Penegakan Hukum terhadap Tindak Pidana Politik Uang dalam Pemilihan Kepala Daerah ditinjau dari Undang-Undang Nomor 10 Tahun 2016." Journal of Education, Humaniora and Social Sciences (JEHSS) 2, no. 2 (December 19, 2019): 335–51. http://dx.doi.org/10.34007/jehss.v2i2.108.
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Regional Head Elections or abbreviated as (Pilkada), fraudulencies are often occurs as seen in one of the court verdict no. 381 /Pid.Sus/2018.PN,Psp. About money politics. Money politics is a from of giving or promising to bribe someone with the intention so thet the person does not carry out his righs in certain way during the general election. The regional head election is a main momentum of democracy in the implementation of each general election be held every pair of candidates expects no fraudulent acts carried out by the candidate pairs in order to create a conducive regional head general election. Therefor money politic perpetrators can be held accountable for their action as is have been regulated in Law No.10 of 2016 concerning the second amendement to Law No. 1 of 2015 concerning the second amendment to law number 1 of 2014 concerning the election of regional heads, while there are 25 types of criminal acts for the election of regional heads, while there are 5 articles concerning on criminal acts of general election in KUHP. Pilkada violations are divided into there, which are administrative violation, criminal violations of money politics, and disputes over the result of general elections in this case the election of regional heads. Administrative violations were reported to the electoral commission and forwarded to KPUD. Violations of general election criminal proceeds with the criminal justice system (police, public prosecutor, judiciary) in accordance with the criminal procedure code, preceded by report from thev public or candidate pairs to the election supervisory committee no later than seven days after the report is received, while disputer over the resoult of the regional head elections originally handled by the supreme court was handed over to the constitional court.
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Davies, Sharyn Graham, and Jazz Robson. "Juvenile (In)justice: Children in Conflict with the Law in Indonesia." Asia-Pacific Journal on Human Rights and the Law 17, no. 1 (June 15, 2016): 119–47. http://dx.doi.org/10.1163/15718158-01701009.
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Two significant events occurred in Indonesia in 2014 in relation to children in conflict with the law. First, Indonesia’s Law No. 11/2012 on the Juvenile Criminal Justice System came into effect on 30 July, with the first minors being tried on 12 August 2014. Second, the United Nations Committee on the Rights of the Child (uncrc) presented its concluding observations to Indonesia’s periodic report. It is timely to reflect on the progress Indonesia is making in respect to children in conflict with the law. In providing the first systematic analysis of Indonesia’s juvenile justice system, we trace the history of juvenile justice in Indonesia, outlining both international and national conventions and laws applicable to Indonesia. We assess judicial and pragmatic progress and highlight areas of continuing concern regarding children in conflict with the law in Indonesia. We conclude that despite Indonesia becoming an early signatory to the un Convention on the Rights of the Child (uncrc) and the nation’s subsequent ratification of child-friendly judicial policies, Indonesia has failed to follow through on its various commitments. This failure demonstrates not only the difficulties of effecting change in a super-diverse country with systemic corruption and poverty, but suggests a concern in Indonesia for presenting a positive public image above substantively improving the lives of children in conflict with the law. We argue that while Indonesia’s law changes are positive, adequate resources must be allocated to ensure successful implementation. We conclude by suggesting that indigenous restorative justice practices can be utilised to strengthen Indonesia’s juvenile justice system.
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Pendas, Devin O. "Death in the Tiergarten: Murder and Criminal Justice in the Kaiser’s Berlin, by Benjamin Carter HettDeath in the Tiergarten: Murder and Criminal Justice in the Kaiser’s Berlin, by Benjamin Carter Hett. Cambridge, Massachusetts, Harvard University Press, 2004. ix, 291 pp. $35.00 US (cloth)." Canadian Journal of History 40, no. 2 (August 2005): 334–35. http://dx.doi.org/10.3138/cjh.40.2.334.
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GIBSON, STEVYN D. "Future roles of the UK intelligence system." Review of International Studies 35, no. 4 (October 2009): 917–28. http://dx.doi.org/10.1017/s0260210509990350.
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AbstractThe UK intelligence system is engaged in three distinct roles – producing strategic assessments in the traditional way; acting as a ‘global policeman’ by monitoring terrorist and criminal networks; and raising the capability of other countries to defeat terrorist and insurgency groups. Counter-intuitively, it is perhaps the first role that is most questionable. The use of single source intelligence reporting, drawn from individuals selected principally for their willingness to share secrets, may not be the best way to analyse emerging issues such as climate change, energy security and financial stability. The Joint Intelligence Committee (JIC) may be drawing on too narrow a range of reporting to compete with increasingly sophisticated assessments from the private sector, academia and NGOs. In any event, the JIC has less impact on policy than is often imagined. The second task of ‘global networker’ is better-suited to the intelligence community's ability to combine human intelligence with communications intelligence and bulk data gathering, and is producing results. The third task of helping other countries to enforce the law and resist insurgency is proceeding on an ad hoc basis with occasional successes, but requires co-ordination across Whitehall so that improvements in the capabilities of other countries' intelligence services are accompanied by improved police and justice systems and enhanced oversight. Joint Intelligence Committee perhaps ought to be a Joint Action Committee.
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Semikalenova, A. I., and I. A. Ryadovskiy. "THE USE OF SPECIAL KNOWLEDGE IN DETECTING AND FIXING DIGITAL TRACES: ANALYSIS OF MODERN PRACTICE." Actual Problems of Russian Law, no. 6 (July 18, 2019): 178–85. http://dx.doi.org/10.17803/1994-1471.2019.103.6.178-185.
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The paper analyzes the results of studying the current practice of identifying, fixing, preserving and anticipating the forensic examination of the study of digital traces of crime. As a toolkit for monitoring investigative and operational investigative activities in this area, there were applied personal conversations and surveys of employees of the Investigative Committee of the Russian Federation, investigative and operational search units of the Ministry of the Interior of Russia, employees of other services and departments, students of the relevant specialization. In addition, experts in the field of computer information technologies from both the private and public sector, involved in investigative actions and operational search activities were interviewed.The paper presents the results of this study, identifying current problems of criminal justice, faced by law enforcement officials investigating crimes involving information and computer technology, while seizing and recording computer information.
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Nickel, Nathan C., Lorna Turnbull, Elizabeth Wall-Wieler, Wendy Au, Okechukwu Ekuma, Leonard MacWilliam, Jennifer Emily Enns, et al. "Overlap between child protection services and the youth justice system: protocol for a retrospective population-based cohort study using linked administrative data in Manitoba, Canada." BMJ Open 10, no. 7 (July 2020): e034895. http://dx.doi.org/10.1136/bmjopen-2019-034895.
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IntroductionChildren who have a history of involvement in child protection services (CPS) are over-represented in the youth and adult criminal justice systems. There are significant health and socioeconomic implications for individuals involved in either or both CPS and the justice system. Understanding the ‘overlap’ between these two systems would provide insight into the health and social needs of this population. This protocol describes a research programme on the relationship between the child welfare and the youth justice systems, looking specifically at the population involved in both CPS and the youth justice system. We will examine the characteristics associated with involvement in these systems, justice system trajectories of individuals with a history of CPS involvement and early adult outcomes of children involved in both systems.Methods and analysisAdministrative data sets will be linked at the individual level for three cohorts born 1991, 1994 and 1998 in Manitoba, Canada. Involvement in CPS will be categorised as ‘placed in out-of-home care’, ‘received in-home services, but was not placed in care’ or ‘no involvement’. Involvement in the youth justice system will be examined through contacts with police between ages 12 and 17 that either led to charges or did not proceed. Individual, maternal and neighbourhood characteristics will be examined to identify individuals at greatest risk of involvement in one or both systems.Ethics and disseminationThe study was approved by the University of Manitoba Health Research Ethics Board and permission to access data sets has been granted by all data providers. We also received approval for the study from the First Nations Health and Social Secretariat of Manitoba’s Health Information Research Governance Committee and the Manitoba Metis Federation. Strategies to disseminate study results will include engagement of stakeholders and policymakers through meetings and workshops, scientific publications and presentations, and social media.
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Huyse, Frits J., Willem van Tilburg, Ine Klijn, and Gertie Casteelen. "Consultant-liaison psychiatrists and euthanasia in the Netherlands." Psychiatric Bulletin 18, no. 8 (August 1994): 497–500. http://dx.doi.org/10.1192/pb.18.8.497.
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On 30 November 1993 a nine year political debate on euthanasia closed; the first chamber of the Dutch parliament ratified the law on undertaking, including euthanasia regulations. This political step concluded, for the time being at least, a legal, public, political and medical debate, which started in 1973, when a medical doctor was convicted for performing euthanasia on her mother. In a first effort in 1983, parliament failed to legalise euthanasia. In 1989 a new government introduced an initiative to improve the existing law in this regard. As a part of the process, empirical data on the extent of euthanasia in The Netherlands were required. Therefore, the Minister of Justice installed a committee. Its findings have been reported nationally and internationally (van der Maas et al, 1991a, 1991b); about 2,300 euthanasia cases in 1990, being 1.8% of all deaths. These empirical findings reduced the uncertainties about the extent of euthanasia, thereby providing a sound basis for the parliamentary decision-making process. Although by the current law euthanasia and assisted suicide still remain illegal, under strict guidelines for behaviour provided by the Ministry of Justice in November 1990 and distributed among physicians in January 1991, euthanasia can be exempted by the public prosecutor from criminal punishment on the basis of the ‘opportunity’ principle, this being the opportunity for the public prosecutor not to bring all reported crimes to court (Letter of the Minister of Justice to Parliament, 1990).
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Konefsky, Alfred S. "“As Best to Subserve Their Own Interests”: Lemuel Shaw, Labor Conspiracy, and Fellow Servants." Law and History Review 7, no. 1 (1989): 219–39. http://dx.doi.org/10.2307/743781.
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Over thirty years ago, Leonard Levy, building explicitly on suggestions first offered by Walter Nelles, and implicitly on observations made by Roscoe Pound, commented on the unusual conjunction of two decisions announced within weeks of each other in 1842 by Lemuel Shaw, Chief Justice of the Massachusetts Supreme Judicial Court. The cases, Farwell v. Boston & Worcester Railroad which helped create the fellow servant rule in the United States, and Commonwealth v. Hunt, which involved a prosecution for criminal conspiracy for organizing a labor union as a closed shop, seemed at odds. Hunt appeared to expand worker rights to collective action, while Farwell appeared to restrict worker rights to compensation from workplace injuries. Shaw's apparent protection of a worker's right to organize, “a pro-worker stance,” seemed to conflict with his refusal to recognize a worker's right to recover for an industrial accident in particular circumstances, “an anti-worker stance.” The question is obvious—how can these decisions be made compatible, or does their incompatibility have to be accepted with a shrug of the shoulders and a nod toward the evolutionary progress of the common law?
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Wakefield, Lorenzo. "The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?" Northern Ireland Legal Quarterly 62, no. 2 (March 10, 2020): 167–82. http://dx.doi.org/10.53386/nilq.v62i2.414.
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Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.
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Pintarics, Joe, and Karen Sveinunggaard. "Meenoostahtan Minisiwin: First Nations Family Justice "Pathways to Peace"." First Peoples Child & Family Review 2, no. 1 (May 22, 2020): 67–88. http://dx.doi.org/10.7202/1069539ar.
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Community justice initiatives are now common in Canada, both for young offenders and in adult criminal cases; there are only a few examples of alternative methods for dealing with justice issues in the area of mandated child welfare services. The initiative outlined in this paper represents one of the most comprehensive family justice initiatives in First Nations Child and Family Services in Canada.
Meenoostahtan Minisiwin: First Nations Family Justice offers a new way of addressing conflict in child and family matters, outside of the regular Child and Family Services (CFS) and court systems. It incorporates the traditional peacemaking role that has existed for centuries in Northern Manitoba Cree communities, alongside contemporary family mediation. The program brings together family, extended family, community members, Elders, social workers and community service providers in the resolution of child protection concerns through the use of properly trained Okweskimowewak (family mediators). The Okweskimowewak’s role involves assisting participants to articulate their personal ‘truth’ (dabwe) and to hear and respect the dabwe of others; to create a safe and nurturing context by addressing inherent power imbalances; to explore the root causes of family conflict in order to address the long term best interests of children; and to facilitate innovative and collaborative planning outcomes for families.
The program was developed by the Awasis Agency of Northern Manitoba, a mandated First Nations Child and Family Services agency, although it receives its services mandate from the Manitoba Keewatinowi Okimakanak (MKO) Exectuive. It is jointly funded by the Aboriginal Justice Strategy of Justice Canada and the Manitoba Department of Family Services and Housing. Overall direction for the program is provided by the First Nations Family Justice Committee, a sub-committee of the MKO Exectuive Director of Awasis Agency, and representative chiefs of the MKO region. The program currently employs a Program Coordinator, two full time regional Okweskimowewak, two full time community-based Okweskimowewak and an administrative assistant.
Since its inception in 1999, the program has received referrals involving more than seven hundred families, including well over 1900 children and 1500 volunteer participants. Services have been provided in seventeen First Nation communities in Northern Manitoba as well as in Thompson, Winnipeg, The Pas, and Gillam.
The Meenoostahtan Minisiwin program responds to all aspects of mandated child welfare, as well as other situations where the best interests of children are in jeopardy. These have included mediating care placement arrangements; child-parent conflicts; family-agency or family-agency-system conflicts; assisting in the development of service plans in neglect and abuse cases; advocating on behalf of families attempting to access services; family violence; larger community-wide conflicts; and working to address systemic problems which impact the lives of First Nations children and families. We believe that by establishing processes which focus on restoring balance and harmony within families and communities, we are working towards an overall increase in the health and wellness of community members.
And you who would understand justice,
How shall you, unless you
Look upon all deeds In the fullness of light?
Only then shall you know that the erect
And the fallen are but one
man standing in
The twilight between the
Night of his pigmy-self
And the day of his god-self.
K. Gibran
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Mitchell, Roger A., Francisco Diaz, Gary A. Goldfogel, Mark Fajardo, Stephany E. Fiore, Tanisha V. Henson, Michelle A. Jorden, et al. "National Association of Medical Examiners Position Paper: Recommendations for the Definition, Investigation, Postmortem Examination, and Reporting of Deaths in Custody." Academic Forensic Pathology 7, no. 4 (December 2017): 604–18. http://dx.doi.org/10.23907/2017.051.
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The National Association of Medical Examiners commissioned an ad hoc committee to provide recommendations for the investigation, examination, and reporting of deaths in custody. Deaths in custody, whether occuring in jail/prison or during an altercation with law enforcement, is a complex issue and requires the forensic pathologist to be knowledgable and deliberative about his/her diagnosis. This paper provides recommendations for the forensic pathologist as it relates to 1) categorization of deaths in custody, 2) critical information required during investigation, 3) enhanced autopsy procedures, 4) guidance on death certification, 5) parameters for statistical reporting, and 6) release of information to the public. A uniform approach by medical examiners and coroners to the investigation and evaluation of deaths in custody is critical. The establishment of recommendations has the potential to ensure consistency and reliability to the definition, investigation, and certification of these cases. Such uniformity and consistency will instill confidence in the independence of the medical examiner/forensic pathologist/coroner by the criminal justice system, public health system, and community at large.
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Wurcel, Alysse G., Jessica Reyes, Julia Zubiago, Deirdre Burke, Tom Concannon, Karen Freund, John Wong, Curt Beckwith, and Amy LeClair. "299. “Where the Rubber Meets the Road”: Stakeholders’ Perspectives about the Current State of HCV Care Delivery in Massachusetts Jails." Open Forum Infectious Diseases 6, Supplement_2 (October 2019): S161—S162. http://dx.doi.org/10.1093/ofid/ofz360.374.
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Abstract Background HCV is highly prevalent in criminal-justice involved populations (CJIP). Nationally, the operationalization of guideline-driven HCV care (including testing and treatment) for CJIP has been challenging, prompting this study to understand barriers and facilitators. Methods We used purposeful sampling strategies to recruit key stakeholders including people who are incarcerated, clinicians providing care in jail, clinicians providing care outside of jail, corrections administrators, and representatives of industry, public health and public policy. Semi-structured interviews were performed in Spanish or English, based on preference of participant. Written notes were used to capture details from interviews in jails and interviews outside of jail were recorded. People interviewed outside of jail were offered a stipend. Interviews were coded and analyzed with a compare and consensus approach. Results Of 120 people, 49 (41%) people agreed to be interviewed in each of the stakeholder categories including 21 men who were incarcerated (mean age 32 [IQR 25, 39], 60% non-White). Barriers to HCV care delivery included (1) Fragmented healthcare delivery because of transient nature of CJIP (2) Frustration and disempowerment experienced by people incarcerated in jail and (3) Heterogeneous views on stakeholders responsible for providing and financing HCV care in jails. Facilitators to HCV care delivery included (1) Incarcerated population’s interested in HCV care for public and personal health and (2) An existing strong public health infrastructure in place supporting HIV care delivery. Conclusion Understanding various stakeholders’ views of barriers to HCV care in jails is a necessary first step to building improved care pathways. Mutual recognition may help to focus limited administrative and fiscal resources on HCV care for this transient population. Disclosures All authors: No reported disclosures.