Handbook of Issues in Criminal Justice Reform in the United States

Michel Foucault’s advocacy toward penal reform in France differed from his theories. Although Foucault is associated with the prison abolition movement, he also proposed more humane prisons. The article reframes Foucauldian theory through a dialectic with the theories of Marc Ancel, a prominent figure in the emergence of liberal sentencing norms in France. Ancel and Foucault were contemporaries whose legacies are intertwined. Ancel defended more benevolent prisons where experts would rehabilitate offenders. This evokes exactly what Discipline and Punish cast as an insidious strategy of social control. In reality, Foucault and Ancel converged in intriguing ways. The dialectic offers another perspective on Foucault, whose theories have fostered skepticism about the possibility of progress. While mass incarceration’s rise in the United States may evoke a Foucauldian dystopia, the relative development of human rights and dignity in European punishment reflects aspirations that Foucault embraced as an activist concerned about fatalistic interpretations of his theories.

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Konsep Pengakuan Bersalah Terdakwa Pada “Jalur Khusus” Menurut Ruu Kuhap dan Perbandingannya Dengan Praktek Plea Bargaining di Beberapa Negara

JURNAL CITA HUKUM ◽

10.15408/jch.v2i1.1840 ◽

2015 ◽

Vol 3 (1) ◽

Author(s):

Aby Maulana

Keyword(s):

United States ◽

Criminal Justice ◽

Justice System ◽

Criminal Procedure ◽

Plea Bargaining ◽

The United States ◽

Theory And Practice ◽

Criminal Justice Reform ◽

Case Load ◽

Procedure Code

Abstract: Defendant Guilty In recognition of the concept of "Special Line" According to the Criminal Procedure Code bill and Comparison With Plea Bargaining Practice in Several Countries. The concept of "Jalur Khusus" is one of the criminal justice reform substances contained in the Draft of Indonesian Criminal Procedure Code. The concept of "Jalur Khusus" is the result of the adoption of the idea/concept of plea bargaining on practices that have been popularized in the United States criminal justice system, which may encourage criminal justice to be more efficient and can avoid stacking cases (case load) in court. This paper wants to explore comparisons between the theory and practice of "Jalur Khusus" in the Draft of Indonesian Criminal Procedure Code with the practice of plea bargaining are applied several countries. Abstrak: Konsep Pengakuan Bersalah Terdakwa Pada “Jalur Khusus” Menurut RUU KUHAP dan Perbandingannya Dengan Praktek Plea Bargaining di Beberapa Negara. Konsep “Jalur Khusus” adalah salah satu substansi pembaruan peradilan pidana yang terkandung dalam RUU KUHAP. Konsep “Jalur Khusus” merupakan hasil pengadopsian ide/konsep atas praktek plea bargaining yang telah dipopulerkan dalam peradilan pidana Amerika Serikat, yang dipahami dapat mendorong peradilan pidana menjadi lebih efisien dan dapat terhindar dari menumpuknya kasus (case load) di pengadilan. Tulisan ini ingin mengupas perbandingan secara teori dan praktek antara “Jalur Khusus” dalam RUU KUHAP dengan praktek plea bargaining yang diterapkan beberapa Negara. DOI: 10.15408/jch.v2i1.1840

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The Race Warfare and the United States Justice System

Journal of Humanities and Social Sciences Studies ◽

10.32996/jhsss.2020.2.6.1 ◽

2020 ◽

Vol 2 (6) ◽

pp. 01-14

Author(s):

Emmanuel Stober

Keyword(s):

United States ◽

Criminal Justice ◽

Justice System ◽

Public Support ◽

The United States ◽

World Population ◽

Human Beings ◽

Criminal Justice Reform ◽

The World ◽

Big Picture

Let us think for a moment, the United State is home to 5% of the world population, but 28% of the world’s prisoners. That is more than one out of four human beings in the world, with their hands-on bars, shackled, and locked up in the land of the free. Ninety-seven percent of this incarcerated people never had a trial. So as public support for criminal justice reform continues to build, it is now more important than ever that we get the facts straight and understand the big picture. With a much-needed clarity in crime rate and justice’s system, this empirical analysis will be digging deep into available data to offer some much-needed clarity by piecing together the United States’ disparate system of confinement. The study emphasizes the need to understand how 2.52 million people ended up in jails or prison and why the majority of those people are poor, and also brown and black. In the end, the reform of the criminal justice system is not about whether or not black lives matters, but it is about changing the way United States understands human dignity.

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The Impact of Life Imprisonment on Criminal Justice Reform in the United States

Life Imprisonment and Human Rights ◽

10.5040/9781509902217.ch-001 ◽

2016 ◽

Keyword(s):

United States ◽

Criminal Justice ◽

The United States ◽

Life Imprisonment ◽

Criminal Justice Reform ◽

The Impact

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The New Latinx 'Repatriation'? Removals, Criminal Justice, and the Efforts to Remove Latinx Peoples from the United States

SSRN Electronic Journal ◽

10.2139/ssrn.3353508 ◽

2019 ◽

Author(s):

Kevin R. Johnson

Keyword(s):

United States ◽

Criminal Justice ◽

The United States

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Mercy towards decarceration: Examining the legal constraints on early release from prison

Incarceration ◽

10.1177/2632666320977802 ◽

2020 ◽

Vol 2 (1) ◽

pp. 263266632097780

Author(s):

Alexandra Cox ◽

Dwayne Betts

Keyword(s):

United States ◽

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Family Members ◽

The United States ◽

Early Release ◽

The Us ◽

Legal Constraints ◽

Release From Prison

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.

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Shame and blame: Secondary stigma among families of convicted sex offenders

Criminology & Criminal Justice ◽

10.1177/17488958211017391 ◽

2021 ◽

pp. 174889582110173

Author(s):

Douglas Evans ◽

Adam Trahan ◽

Kaleigh Laird

Keyword(s):

United States ◽

Criminal Justice ◽

Sex Offenders ◽

Justice System ◽

Sex Offender ◽

Family Members ◽

The United States ◽

Formerly Incarcerated ◽

Research Attention ◽

Sex Offender Registry

The detriment of incarceration experienced by the formerly incarcerated has been increasingly explored in the literature on reentry. A tangential but equally concerning issue that has recently received more research attention is the effect on family members of the incarcerated. The stigma of a criminal conviction is most apparent among families of convicted sex offenders, who experience consequences parallel to those of their convicted relative. Drawing from interviews with 30 individuals with a family member incarcerated for a sex offence in the United States, this study explores manifestations of stigma due to familial association. The findings suggest that families face negative treatment from social networks and criminal justice officials, engage in self-blame and that the media’s control over the narrative exacerbates family members’ experiences. Given the pervasiveness of criminal justice system contact, the rapid growth of the sex offender registry in the United States, and the millions of family members peripherally affected by one or both, justice system reforms are needed to ensure that family members are shielded from the harms of incarceration and registration.

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