scholarly journals Initial views from the Digital Panopticon: Reconstructing Penal Outcomes in the 1790s

2016 ◽  
Vol 34 (4) ◽  
pp. 893-928 ◽  
Author(s):  
Richard Ward ◽  
Lucy Williams
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Decision Makers ◽  
Historical Study ◽  
Judicial Process ◽  
The Subject ◽  
The Individual ◽  
Methodological Difficulties

The criminal justice system of eighteenth- and nineteenth-century England has been likened to a corridor of connected rooms or stage sets. At each stage in the judicial process—from detection and apprehension through to trial, sentencing, and punishment—decisions were made that might remove the accused from the system entirely, or propel that person further along the process into a number of possible outcomes. That decision making (including the identity of the decision makers and the criteria upon which their decisions were based) has been the subject of much historical study. Less attention has been given to the individual experiences—the singular journeys—of the accused through this labyrinthine process. This is in large part because of the inherent evidential and methodological difficulties of reconstructing judicial pathways and the wider criminal lives of offenders. As Tim Hitchcock and Robert Shoemaker note, the archives of criminal justice were created to manage the bureaucracy of prosecution and punishment, not to reveal the criminal's navigation of that system. Tracing an individual offender's journey through the judicial process (and that person's life beyond) therefore entails piecing together fragments spread almost randomly across hundreds of thousands of pages.

"Crimesim": A Computer Simulation Model

1979 ◽  
Vol 25 (4) ◽  
pp. 490-496 ◽  
Author(s):  
Gerald W. Smith ◽  
Jerry D. Debenham
Keyword(s):  
Decision Making ◽  
Computer Simulation ◽  
Cost Effectiveness ◽  
Criminal Justice ◽  
Simulation Model ◽  
Criminal Justice System ◽  
Justice System ◽  
Decision Makers ◽  
Computer Simulation Model ◽  
Computer Languages

"Crimesim" is a new computer simulation model that can be adapted for use in any criminal justice system or agency without extensive knowledge of computers or computer languages. The model is designed to be used by researchers, planners, and decision makers. Crimesim models a system by allowing one to determine which of available alternatives will provide the greatest benefit, in terms of stated priorities and cost effectiveness. The model can be used as a tool in decision making by helping the user to organize and analyze information and assess possible alternatives.

The Individual and Administrative Justice

2021 ◽  
Author(s):  
Naomi Creutzfeldt
Keyword(s):  
Decision Making ◽  
Justice System ◽  
Service Users ◽  
Perceptions Of Fairness ◽  
Decision Making Processes ◽  
The Subject ◽  
Individual Justice ◽  
The Individual ◽  
Individual Service ◽  
Administrative Justice

This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.

scholarly journals ANAK NAKAL: DIVERSI DAN DILEMA PENERAPANNYA

2009 ◽  
Vol 39 (4) ◽  
pp. 418
Author(s):  
Eva Achjani Zulfa
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Law Enforcement Officers ◽  
Management Policy ◽  
Criminal Case ◽  
Judicial Process ◽  
Law Enforcement Officials ◽  
Discourse Management

AbstrakHandling problems through brat children and children who have problems with the law have occurred again when some kids sticking a gamble being arrested at near Soekarno Hatta Airport areas then processed into the judicial process. Diversion is a form of change the process by which a program can only take place on hold pre-adjudication in the criminal justice system. Forms of transfer or diversion of this case are indeed associated with the authority possessed discretion of law enforcement officers. Giddiness has appeared in the process of implementation of diversion by law enforcement officials, the search for forms of application of the criminal case handlingchild has become a growing discourse management. Policy taken toward the institution of criminal diversion not only becomes demand for law enforcement officers, but also must be institutionalized through plain legal mechanisms. It becomes author's concern to create more certain procedures to brighten solve on deviant children in this way

scholarly journals Judicial Discretion in Sentencing: A Justice System that is No Longer Just?

2021 ◽  
Author(s):  
◽  
Sean J. Mallett
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Individual Case ◽  
Regional Disparity ◽  
Judicial Discretion ◽  
The Individual ◽  
Synthesis Approach

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>

Barriers to Access in the Norwegian Criminal Justice System

2021 ◽  
Author(s):  
Patrick Kermit ◽  
Terje Olsen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Sign Language ◽  
Justice System ◽  
Mutual Recognition ◽  
Deaf People ◽  
Barriers To Access ◽  
Interpreter Service ◽  
The Individual ◽  
Demand Changes

This chapter presents and discusses barriers that Deaf people who have Norwegian Sign Language as their first language face in encounters with the Norwegian criminal justice system. Since this system is based exclusively on spoken language, and mainly depends on the individual law professional’s ability to establish critical, self-reflective practices in each case, Deaf people’s legal safety, as demanded by the rule of law, cannot be taken for granted. Establishing a public, independent, professionalized sign language interpreter service in Norway, however, has helped to reduce risks for Deaf people. Independent interpreters can demand changes in the criminal justice system’s practices, thus making these practices more accessible to Deaf people. Empirical examples illustrating the interaction between Deaf people, law professionals, and interpreters are presented and analyzed. This interaction is less characterized by conflict and more by cooperation and mutual recognition, where both Deaf people and law professionals state their confidence and trust in their interpreters. The chapter concludes that structural change and organization, such as the establishment of an independent public interpreter service in Norway, trump general and well-meant inclusive intentions in organizations such as the Norwegian criminal justice system when it comes to secure Deaf peoples’ rights and the prevention of miscarriage of justice.

After the Crime

2021 ◽  
Vol 24 (3) ◽  
pp. 367-396
Author(s):  
Paul H. Robinson ◽  
Muhammad Sarahne
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Decision Makers ◽  
Access To Education ◽  
Preferential Treatment ◽  
Collateral Consequences ◽  
Probation And Parole ◽  
Principles Of Justice

Although an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive post-offense conduct that merit special recognition and preferential treatment: the responsible offender, who avoids further deceit and damage to others during the process leading to conviction; the debt-paid offender, who suffers the full punishment deserved (according to true principles of justice rather than the sentence actually imposed); the reformed offender, who takes affirmative steps to leave criminality behind; and the redeemed offender, who out of genuine remorse tries to atone for the offense. The essay considers how one might operationalize a system for giving special accommodation to such offenders. Positive post-offense conduct might be rewarded, for example, through the selection and shaping of sanctioning methods, through giving preference in access to education, training, treatment, and other programs, and through elimination or restriction of collateral consequences of conviction that continue after the sentence is completed.

How to Reduce Recidivism

2021 ◽  
pp. 144-154
Author(s):  
Kevin A. Wright
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Behavior ◽  
Justice System ◽  
Critical Importance ◽  
The Individual ◽  
Basic Level

Nearly everyone sent to prison will one day return to the community. This means that understanding recidivism is of critical importance to members of that community. At the most basic level, recidivism can be defined as “the reversion of an individual to criminal behavior after he or she has been convicted of a prior offense, sentenced, and (presumably) corrected.” Recidivism therefore requires that some sort of involvement with the criminal justice system has taken place, and that then the individual again comes into contact with the system after additional transgressions. Recidivism, in other words, is officially detected, repeat unlawful behavior.

Tempering Expectations: A Qualitative Study of Prosecutorial Reform

2020 ◽  
Vol 58 (1) ◽  
pp. 41-73
Author(s):  
Rebecca Richardson ◽  
Besiki Luka Kutateladze
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Qualitative Study ◽  
Criminal Justice System ◽  
Justice System ◽  
Path Dependence ◽  
Effective Implementation ◽  
Semistructured Interviews ◽  
Communication Challenges

Objectives: We investigate path dependence and barriers to the acceptance and implementation of reform-minded prosecution, which focuses on reducing unnecessary incarceration, promoting fairness, engaging with the community, and improving accountability in the criminal justice system. Method: Using semistructured interviews with 47 prosecutors in two Florida jurisdictions, both with newly elected state attorneys, we explore reform-minded prosecution priorities and barriers to their effective implementation. Results: Findings suggest that though reform-minded priorities are present in the study prosecutor’s offices, existing prosecutorial norms, case-focused decision-making, policy ambiguities, and communication challenges serve as barriers to their effective implementation. Conclusions: The study highlights the role that line agents play in determining the success of reform-minded prosecution. It also identifies key barriers to reform that reform-minded prosecutors must overcome if they are to achieve meaningful changes toward greater effectiveness, transparency, and impartiality in prosecution.

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