scholarly journals Settlements under unequal access to justice

2022 ◽  
Vol 193 ◽  
pp. 237-268
Author(s):  
Anastasia Antsygina ◽  
Madina Kurmangaliyeva
Keyword(s):  
Access To Justice ◽  
Unequal Access

Settlements Under Unequal Access to Justice

2020 ◽  
Author(s):  
Madina Kurmangaliyeva ◽  
Anastasia Antsygina
Keyword(s):  
Access To Justice ◽  
Unequal Access

Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Wales

2020 ◽  
Vol 38 (4) ◽  
pp. 883-910
Author(s):  
Lizzie Seal ◽  
Alexa Neale
Keyword(s):  
Twentieth Century ◽  
Capital Punishment ◽  
Justice System ◽  
Racial Difference ◽  
Institutional Racism ◽  
Access To Justice ◽  
England And Wales ◽  
Men Of Color ◽  
Unequal Access ◽  
To Receive

Fifty-seven men of color were sentenced to death by the courts of England and Wales in the twentieth century and were less likely to receive mercy than white contemporaries. Though shocking, the data is perhaps unsurprising considering institutional racism and unequal access to justice widely highlighted by criminologists since the 1970s. We find discourses of racial difference were frequently mobilized tactically in nineteenth- and twentieth-century England and Wales: to support arguments for mercy and attempt to save prisoners from the gallows. Scholars have identified historically and culturally contingent narratives traditionally deployed to speak to notions of lesser culpability. These mercy narratives reveal contemporary ideals and attitudes to gender or class. This article is original in identifying strategic mercy narratives told in twentieth-century England and Wales that called on contemporary tropes about defendants' race. The narratives and cases we explore suggest contemporary racism in the criminal justice system of England and Wales has a longer history than previously acknowledged.

scholarly journals Older victims of crime: Vulnerability, resilience and access to procedural justice

2018 ◽  
Vol 25 (2) ◽  
pp. 201-221 ◽  
Author(s):  
Kevin J Brown ◽  
Faith Gordon
Keyword(s):  
Older People ◽  
Procedural Justice ◽  
Justice System ◽  
Access To Justice ◽  
Policy Makers ◽  
The United Kingdom ◽  
Comprehensive Examination ◽  
Justice Process ◽  
Victims Of Crime ◽  
Unequal Access

This article provides the first comprehensive examination of the phenomenon of unequal access to procedural justice for older victims of crime. It analyses quantitative and qualitative data exploring the interactions of older people with the criminal justice system of Northern Ireland. It identifies that older victims of crime are less likely to have a successful crime outcome (known as ‘detection’ or ‘clear-up’ in other jurisdictions) to their case when compared to other adults. The results provide evidence of a system failing to adequately take into account additional vulnerabilities that disproportionately impact on older victims’ ability to engage with the justice process. There is an analysis of the relationships between vulnerability, resilience and access to justice. The current conceptual understanding of vulnerability as applied to older people within the justice system is challenged. The findings are relevant for researchers and policy-makers in the United Kingdom, Ireland and further afield concerned with the treatment of older and vulnerable victims by the justice system.

A MODERN JUDICIAL SYSTEM IN INDONESIA: LEGAL BREAKTHROUGH OF E-COURT AND E-LEGAL PROCEEDING

2020 ◽  
Vol 9 (2) ◽  
pp. 275
Author(s):  
Dedi Putra
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Primary Data ◽  
Access To Justice ◽  
Judicial Reform ◽  
Legal Service ◽  
Literature Study ◽  
Face To Face ◽  
Legal Proceedings ◽  
Digital Era

The implementation of court in Indonesia has not fulfilled as expected because any parties involving in court has a lack of capacity, consistency, and integrity to provide legal service seriously. Some people assume that court services are not still optimal. To settle the problems, the Supreme Court just has officially issued Regulation No. 1 of 2019 regarding the Administration of Cases and Legal Proceedings in Courts via Electronic Means on 8 August 2019. This regulation is believed as an appropriate solution to face those problems. To elaborate more, this study illustrates a judicial reform in Indonesia, e-court, and access to justice, the conception of e-court including the performance of e-court and its drawbacks and challenges in the digital era. The research method uses normative research by approaching legal review and literature study. The technique of primary data collection applies Supreme Court regulation while means of secondary data are collected from concept or theory as set out under bibliography. Judicial reform in Indonesia is indicated by issuing new regulation regarding e-Court and e-Litigation, the implementation e-Court itself has been attributed to 32 courts consisting of general religious, and state administrative courts. Through e-Court, access to justice more transparent and accessible. Besides, justice seekers have no worries regarding distance issues as of e-Court may allow them to fight in court without face to face. Parties have no doubt relating to the acceleration of court to settle any dispute in Indonesia.

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