The narrative framework of psychological jurisprudence: Virtue ethics as criminal justice practice

2021 ◽  
pp. 101671
Author(s):  
Brian G. Sellers ◽  
Bruce A. Arrigo
Keyword(s):  
Criminal Justice ◽  
Virtue Ethics ◽  
Justice Practice ◽  
Narrative Framework

Introduction

2020 ◽  
pp. 1-6
Author(s):  
Gabrielle Watson
Keyword(s):  
Social Sciences ◽  
Criminal Justice ◽  
Academic Interest ◽  
Disciplinary Boundaries ◽  
A Value ◽  
The Social ◽  
Penal Institutions ◽  
Justice Practice

Respect is a value whose importance in contemporary criminal justice many would endorse in principle. It is well established that every person, by virtue of his humanity, has a claim to respect that need not be negotiated and cannot be forfeited. Rich and ongoing debates about respect beyond criminal justice—notably, in philosophy and elsewhere in the social sciences—indicate that scholarly interest in respect surpasses disciplinary boundaries, that it is of considerable explanatory and normative scope, and that it matters. It is curious, then, that despite academic interest in the democratic design of penal institutions in recent decades, respect is more akin to a slogan than a foundational value of criminal justice practice.

scholarly journals Creating spaces for change: Engaging civil society to harness change in criminal justice practice

2017 ◽  
Vol 9 (3) ◽  
pp. 231-247 ◽  
Author(s):  
Trish McCulloch ◽  
Mark Smith
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Civic Engagement ◽  
Effect Change ◽  
Prison Populations ◽  
Justice Practice

In a context of neoliberal penality, crime is falling yet prison populations continue to rise. Governments profess to recognise the problem yet have had little impact on underlying trends in criminal justice practice. This article reports on a Scottish initiative to try and disrupt this cycle through broadening the base for deliberation upon justice matters to include civil society. In so doing, we sought to build upon an emerging civic engagement evident in the wake of the 2014 Independence Referendum. Our premise was that to effect change requires that we look beyond policy fixes to the values and the socio-cultural drivers that take practice in particular directions. We conclude with a reflection on the obstacles to change.

Children and the Expanding Role of the Criminal Law

1999 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Sue Bandalli
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Foreseeable Future ◽  
Criminal Courts ◽  
Justice Practice ◽  
Looking Back ◽  
Public Demand

Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.

Crime, Criminal Justice, and Criminology for a Smaller Planet: Some Notes on the 21st Century

2001 ◽  
Vol 34 (3) ◽  
pp. 213-220 ◽  
Author(s):  
Franklin E. Zimring
Keyword(s):  
Criminal Justice ◽  
21St Century ◽  
Property Crime ◽  
The United States ◽  
Job Security ◽  
Legal Proceedings ◽  
Normative Pressure ◽  
Justice Practice ◽  
Developed Nations ◽  
Criminal Justice Response

This analysis attempts to project changes in types of crime and criminal justice response to crime in the early decades of the 21st century by assuming continuity in the technological, economic, and political trends of the last years of the 20th century. I predict that shifts in general rates of crime will be less important than changes in particular types of offense in stable nations, and that rates of. property crime will show more transnational similarity than rates and trends in serious violence. With respect to criminal justice practices, both technology and normative standards will exert pressure toward greater similarity in criminal justice practice among developed nations, with normative pressure being the more important for legal proceedings and punishment than technical change. The executioner is threatened by this trend, even in the United States. The prison warden has comfortable job security.

scholarly journals CORRELATION BETWEEN THEORY OF CRIMINAL LIABILITY AND CRIMINAL PUNISHMENT TOWARD CORPORATION IN INDONESIA CRIMINAL JUSTICE PRACTICE

2017 ◽  
Vol 17 (1) ◽  
pp. 104
Author(s):  
Septa Chandra
Keyword(s):  
Criminal Justice ◽  
Criminal Liability ◽  
Court Decision ◽  
Criminal Prosecution ◽  
Criminal Punishment ◽  
Criminal Offense ◽  
Justice Practice ◽  
Corporate Criminal Liability

The question of the correlation between theory of criminal liability and criminal punishment on criminal acts committed corporation is important to investigate in order to provide justification for the criminal prosecution of corporations. How a mistake should be constructed from a corporation associated with the theory of corporate criminal liability. As a consequence of the improper condition on the corporate views of whether the corporation has made a criminal offense can be avoided as part of discretion in running the business. If these obligations are not met, the corporation can be condemned for committing crime. The practice of criminal justice to the determination of criminal liability for corporations is not fully in accordance with the theory of corporate criminal liability. In fact, the court decision does not yet reflect a consistent correlation between the theory of criminal liability and criminal punishment on criminal acts of the corporation.Keywords: criminal liability, corporate, criminal justice.

scholarly journals Verbalisan Witness Position as Evidence of a Criminal Case

Ius Poenale ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 75-86
Author(s):  
M. Kemal Pasha Zahrie
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Court Decision ◽  
Criminal Case ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Witness Testimony ◽  
Procedure Code ◽  
Justice Practice

The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab Undang-Undang Hukum Acara Pidana (KUHAP) does not recognize verbal witnesses' testimony as evidence. This study examined the position and the strength of verbal witnesses' testimony as evidence in criminal proceedings. After gathering all the data using normative and empirical juridical research, this paper concludes that the testimony of verbal witnesses is grouped in the evidence of guidance in Article 188 Paragraph (1) of the KUHAP because the testimony of verbal witnesses is not primary evidence. After all, its existence is contingent on the judge's willingness to employ it. The strength of proof of testimony of verbal witnesses is that they must satisfy the elements of Article 188 paragraph (1) of the KUHAP, namely the information referred to in the form of events or circumstances concerning a criminal act, as well as conformity with other evidence, as required by Article 188 paragraph (2) of the KUHAP.

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