Penal Paradigms of Juvenile Justice in Canada and Hong Kong

2020 ◽  
Author(s):  
Michael Adorjan ◽  
Wing Hong Chui
Keyword(s):  
Hong Kong ◽  
Criminal Justice ◽  
Juvenile Justice ◽  
Due Process ◽  
Crime Control ◽  
Historical Period ◽  
Youth Justice ◽  
Youth Delinquency ◽  
1960S And 1970S ◽  
The 1960S

A penal paradigm is an overarching criminal justice framework, salient within a certain era, that guides how we perceive of crime and criminality (including those who commit crimes) and how appropriate responses align with the internal logic of the wider philosophical framework. Paradigms of response to youth crime and delinquency in Canada and Hong Kong emerged in response to shifting sociopolitical exigencies salient in both contexts, respectively. Three epochs are of particular relevance in Canada: the penal welfare period under the Juvenile Delinquents Act, the due process and crime control framework salient during the Young Offenders Act, and the proportionate justice model central to the current Youth Criminal Justice Act. While both Canada and Hong Kong have drawn on Britain in crafting their youth justice systems, Hong Kong’s colonial period is of relevance, particularly the 1960s and 1970s, during which time unique cultural factors influenced Hong Kong’s framework of welfare protectionism and disciplinary welfare in response to youth delinquency and crime. Contemporary trends in juvenile justice and recent political unrest and potential implications for youth in Hong Kong refer back to this historical period, and comparing Canadian and Hong Kong penal paradigms of juvenile justice promotes a criminological imagination with the relation of state and citizen as central to understanding the significance of responses to youth deviance and criminality.

Industrial archaeology: a thematic or a period discipline?

Antiquity ◽  
1990 ◽  
Vol 64 (243) ◽  
pp. 275-282 ◽  
Author(s):  
Marilyn Palmer
Keyword(s):  
Industrial Revolution ◽  
Historical Period ◽  
Full Time ◽  
Industrial Archaeology ◽  
Part Time ◽  
1960S And 1970S ◽  
The 1960S ◽  
University Expansion ◽  
Ancient Monument ◽  
The 19Th Century

A thematic or a period discipline?Industrial archaeology has generally been defined as a thematic discipline, concerned with only one aspect of man’s past activity. Although the term ‘archaeology of industry’ was used in the 19th century, it was Michael Rix who used the phrase ‘industrial archaeology’ in print for the first time (Rix 1955). He later defined industrial archaeology as ‘recording, preserving in selected cases and interpreting the sites and structures of early industrial activity, particularly the monuments of the Industrial Revolution’ (Rix 1967: 5). The emphasis on the term ‘industrial monument’ followed a need to define an industrial class of Ancient Monument so that some examples would be scheduled. Industrial archaeology, then, grew from the need to record and preserve standing structures threatened with demolition rather than an inherent desire to understand more about the historical period of the monuments. It was perhaps felt that understanding of the industrial revolution period was more readily arrived at by other means, particularly written historical evidence. During the ‘rescue’ years of the 1960s and 1970s, archaeology was one of the two areas of fastest university expansion and very popular in extra-mural teaching. But none of the archaeology departments took up industrial archaeology, although many of the extra-mural departments did; it is largely as a part-time, amateur interest that industrial archaeology has flourished ever since. The author’s post as an industrial archaeologist in the Leicester archaeology department is one of the first occasions on which the specialism has been given a place in full-time undergraduate archaeology courses.

scholarly journals Italian Thrilling Spectacle Between Aesthetics, Ethics, and Ideology. Popular Genres of Italian Cinema in the 1960s and 1970s in Czechoslovak Film and Non-Film Periodicals (1960–1989)

2017 ◽  
Vol 65 (4) ◽  
pp. 361-372
Author(s):  
Jan Švábenický
Keyword(s):  
Subject Matter ◽  
Critical Discourse ◽  
Historical Period ◽  
Italian Cinema ◽  
Periodical Press ◽  
Cultural Phenomenon ◽  
1960S And 1970S ◽  
The 1960S

Abstract This study examines journalistic, publicist, and critical discourse in relation to the popular genres in the Italian cinema of the 1960s and 1970s in Czechoslovak film and non-film periodical press. Of interest are mainly comprehensive texts that analyse Italian popular genres as a genre system and a specific corpus of films that belong to the same genre. Czech and Slovak translations of foreign studies and texts (with the exception of some examples), interviews with Italian filmmakers, short glosses, or informative texts are beyond the scope of this research. This study reflects critical, journalistic, and publicist interpretations and views by Czechoslovak press of popular genres in national Italian cinema in the selected historical period. Research is divided into two parts that develop specific aspects of these analytic questions. The first part analyses texts about this subject matter in various film a and non-film periodicals, including newspapers and journals with emphasis on long studies and interpretations of a few categories of popular genres viewed in the extensive context of their national, socio-cultural, iconographic, and industrial aspects. The second part deals only with the popular genre of western all’italiana (western in Italian style), which represented an international cinematic and socio-cultural phenomenon in the 1960s and 1970s and was of the greatest interest to Czechoslovak critics, journalists, and publicists in relation to popular genres of Italian cinema in general.

Kids in Custody

2020 ◽  
pp. 143-170
Author(s):  
Paul M. Renfro
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Safety Issue ◽  
Mass Incarceration ◽  
Family Values ◽  
Child Safety ◽  
Youth Policy ◽  
1960S And 1970S ◽  
The 1960S ◽  
Stranger Danger

The fifth chapter shows how the child safety issue further splintered federal juvenile justice and youth policy along racial fault lines. Tracing the movements of rightwing luminary Alfred S. Regnery, chapter 5 illustrates how public fears about stranger danger served to lengthen the punitive, policing arm of the federal welfare state, to undercut the children’s rights gains of the 1960s and 1970s, and to bolster the politics of “family values.” As OJJDP director, Regnery used the child safety scare to “toughen” juvenile justice policies targeting working-class, nonwhite youth, while simultaneously embellishing the severity of moral threats facing “innocent” children (coded as white and middle-class). To that end, Regnery employed racialized language that cast virtually all juvenile offenders as nonwhite. The “typical candidate for juvenile arrest,” he claimed, was “most likely black, possibly Hispanic.” Such rhetoric prefigured the “superpredator” discourse that crystallized in the 1990s and helped exacerbate racialized mass incarceration.

1. The aims and values of ‘criminal justice’

2021 ◽  
pp. 1-52
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Crime Control ◽  
Theoretical Framework ◽  
Core Values ◽  
Recent Trends ◽  
Anglo American ◽  
Analytical Tools ◽  
Bare Minimum

This chapter discusses the nature, structure, values and objectives of ‘criminal justice’, together with recent trends, primarily in England and Wales. This includes examining the concepts of guilt and innocence, and the difficulty of ‘proving’ either in many cases; the adversarial nature of the Anglo-American system, contrasted with the inquisitorial approaches that traditionally underpin ‘European’ systems; and the analytical tools of ‘crime control’ and ‘due process’. The importance, and limitation, of the human rights approach in criminal justice is discussed, along with the increasing influences of managerialism and neoliberalism. The chapter then looks at how victims are catered for in these various approaches. It concludes that human rights provide only a bare minimum of protection for suspects and victims alike, and that the system is more exclusionary than inclusionary. Thus a new theoretical framework is proposed that is centred on ‘freedom’, which would prioritise three ‘core values’: justice, democracy and efficiency.

A Research Evaluation of the Israeli New Pretrial Detention Act

2001 ◽  
Vol 35 (2-3) ◽  
pp. 266-284 ◽  
Author(s):  
Hagit Lernau
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Process Model ◽  
Due Process ◽  
Crime Control ◽  
Research Evaluation ◽  
Law System ◽  
Justice Process ◽  
The Law

One of the most influential attempts to describe and comprehend the criminal law system is Packer's celebrated notion regarding the “Two Models of the Criminal Justice System.” Packer regards the criminal justice process as an image constantly shifting between two conflicting models — the “Crime Control Model” and the “Due Process Model” of criminal law. The first model strives to create an effective criminal system that will protect society's right to peace and safety. This aim may be achieved by emphasizing the earlier, informal stages in the law enforcement procedure, namely, police investigation and the decision to prosecute. The second model aims to ensure that the law enforcement process, which is one of the most coercive powers of the state, will be conducted in a lawful manner that will protect suspects and defendants from both intentional wrongdoing and from unintentional mistakes.

Rights in Twentieth-Century Constitutions: The Case of Welfare Rights

1994 ◽  
Vol 6 (1) ◽  
pp. 140-156
Author(s):  
Mary Ann Glendon
Keyword(s):  
Due Process ◽  
The United States ◽  
Constitutional Rights ◽  
Economic Rights ◽  
Welfare Rights ◽  
Government Grants ◽  
Procedural Due Process ◽  
Constitutional Right ◽  
1960S And 1970S ◽  
The 1960S

In the 1960s and 1970s, when the judicial rights revolution was in full swing in the United States, poverty lawyers and allied legal scholars urged the courts to add to the expanding catalog of constitutional rights certain social and economic rights—to housing, education, and a minimum decent subsistence. The advocates of welfare rights were not deterred by the absence of pertinent constitutional language. After all, if the Court could find a right to privacy in the “penumbra” of the Bill of Rights, who knew what else might be discovered there? Those efforts to constitutionalize what were historically matters of legislative discretion had only partial success. The Supreme Court did hold that, once government grants certain statutory entitlements such as welfare and disability benefits, the recipients have a constitutional right not to be deprived of those benefits without procedural due process. The Court declined, however, to find that the entitlements themselves were constitutionally required.

Charge Bargaining and Sentence Discount: The Victim's Perspective

1997 ◽  
Vol 5 (1) ◽  
pp. 23-36 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Charge Bargaining ◽  
The Impact ◽  
Due Process Rights

This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.

scholarly journals Wrongful Convictions and Erroneous Acquittals: Applying Packer’s Model to Examine Public Perceptions of Judicial Errors in Australia

2021 ◽  
pp. 0306624X2110668
Author(s):  
Harley Williamson ◽  
Mai Sato ◽  
Rachel Dioso-Villa
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Public Attitudes ◽  
Social Attitudes ◽  
Public Perceptions ◽  
Process Models ◽  
Wrongful Convictions ◽  
Judicial Errors

The fallible nature of the criminal justice system continues to see judicial errors—that is, wrongful convictions and erroneous acquittals—undermine its integrity, efficacy, and legitimacy. Public perceptions of judicial errors are important contributors to criminal justice policy and reforms. The current study utilizes the 2016 Australian Survey of Social Attitudes (AuSSA) dataset to examine public attitudes toward judicial errors. It applies Herbert Packer’s crime control and due process models to understand how concerns around procedural safeguards and public safety are associated with public perceptions toward judicial errors. Packer’s model has been challenged by studies, which theorize that the models are not mutually exclusive. Yet, they have not been empirically tested in this context, which is a gap this study seeks to fill. Findings show that due process and crime control concerns shape public attitudes toward wrongful convictions and challenge the notion that Packer’s models be applied on a continuum.

scholarly journals Role of the Court in Protecting Human Rights in crime-control Model, Accrording to the Criminal Procedure Code of 2015

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Le Lan Chi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Due Process ◽  
Crime Control ◽  
Criminal Procedure ◽  
University Of Pennsylvania ◽  
Study Guides

The court exercises the judicial power, thereby plays an important role in protecting human rights. However, such role varies across nations and models of criminal procedure. Vietnam, the country has been following the model of crime control, has its corresponding approach to the role of the court in protecting human rights. Notwithstanding, the current context of improving the rule of law and human rights has posed challenges and raised questions of changing the approach. Keywords The Court, adjudication, human rights, model, due-process, crime-control, the accused References [1] Herbert L. Packer, Two models of the criminal process, University of Pennsylvania Law Review, 1964, 1 (http://scholarship.law.upenn.edu/penn_law_review/vol113/iss1/1) [2] Joycelyn M. Pollock, Ethical Dilemmas and Decisions in Criminal Justice, Cengage Learning, Boston, 2015, p.116 [3] https://www.cliffsnotes.com/study-guides/criminal-justice/the-criminal-justice-system/which-model-crime-control-or-due-process [4] Fairchild, E. and Dammer, H. R., Comparative Criminal Justice System, 2nd ed. Belmont, Wadsworth Thomson Learning, 2001, p. 146 [5] Fairchild, E. and Dammer, H. R., Comparative Criminal Justice System, 2nd ed. Belmont, Wadsworth Thomson Learning, 2001, p. 148 [6] Đào Trí Úc, Hệ thống những nguyên tắc cơ bản của tố tụng hình sự Việt Nam theo Bộ luật tố tụng hình sự năm 2015 (in trong sách chuyên khảo “Những nội dung mới trong Bộ luật tố tụng hình sự năm 2015”, Nguyễn Hoà Bình (chủ biên), Nxb. Chính trị quốc gia – Sự thật, Hà Nội, 2016, trang 59.

8. Summary justice in the magistrates’ court

2021 ◽  
pp. 389-430
Author(s):  
Lucy Welsh ◽  
Layla Skinns ◽  
Andrew Sanders
Keyword(s):  
Criminal Justice ◽  
Due Process ◽  
Crime Control ◽  
Process Models ◽  
Lower Court ◽  
The Future ◽  
The Impact

This chapter focuses on the magistrates’ courts. It discusses the importance of the magistracy and the work that they do; the involvement (and funding) of lawyers in summary justice; major pre-trial decisions such as bail and whether a case can be dealt with in the magistrates’ court or is so serious that it needs to be sent to the Crown court (mode of trial/allocation); how magistrates and their legal advisors measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms and trends that encourage dealing with much lower court business away from the courtroom itself).

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