Introduction: Separate rules for a separate society

2016 ◽  
Author(s):  
Eugene R. Fidell
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Deal ◽  
Individual Autonomy ◽  
Political Values ◽  
Military Justice ◽  
The Military

The military represents a specialized society within society as a whole. It has a specific purpose: the achievement of military goals that are in contrast to the goals of the larger society, which are, at least in democratic countries, aimed at maximizing individual autonomy. The Introduction outlines what military justice is and explains that the nature and scope of military justice in any particular country will tell a good deal about that country’s political values. It considers several questions: How does the military justice system differ from the civilian criminal justice system? What is a court-martial? What rights does a military accused have?

scholarly journals “RESTORATIVE JUSTICE IN MILITARY: PENAL MEDIATION IN THE DISPUTE SETTLEMENT OF TRAFFIC ACCIDENT COMMITTED BY INDONESIAN NATIONAL ARMY.”

2021 ◽  
Vol 58 (1) ◽  
pp. 5172-5178
Author(s):  
Ramlani Lina Sinaulan Et al.
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Traffic Accident ◽  
Dispute Settlement ◽  
Military Justice ◽  
Legal Structure ◽  
Three Stages ◽  
The Military

This research attempts to introduce and integrate two relatively foreign concepts to each other; paradigm of restorative justice and military justice system. The aim is simple, namely to explore the extent and under what conditions these two routes of adjudication can function side by side without violating core principles of traditional military justice. This goal implies one important point; not all criminal cases that fall under the jurisdiction of military justice can be resolved using a restorative justice approach. The application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers can only be implemented by reforming the three components of the legal system as stated by Lawrence Friedman, namely legal substance, legal structure and legal culture. Operationally, the application of restorative justice can be carried out in 3 (three) stages, namely investigation, prosecution and trial. However, the application of restorative justice at these three stages is not intended to replace the criminal justice system within the military court, because the restorative justice program is basically complementary and not a substitute for the criminal justice system.

Do Americans Like to Punish?

Metamorphosis ◽  
2018 ◽  
Author(s):  
Robert A. Ferguson
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Western Europe ◽  
The United States ◽  
Political Values ◽  
The People ◽  
American Prison

This chapter addresses the question of whether Americans like to punish. The United States clearly punishes more heavily and for longer periods than other countries, with comparable social and political values. One can land in an American prison for life over minor offenses—a punishment not used for serious offenses in Western Europe. The leading comparativist on criminology, James Whitman, argues that a politics of dignity has instilled mercy and mildness in European systems, while leveling impulses, distrust of authority, and too much power in the people is said to have left the United States with a criminal justice system long in degradation and short on mercy.

scholarly journals Limited Intersectional Approaches to Veteran and Former Prisoner Reintegration: Examining Gender Identity and Sexual Orientation

2017 ◽  
Author(s):  
Brittany Dernberger
Keyword(s):  
Sexual Orientation ◽  
Criminal Justice ◽  
Gender Identity ◽  
Criminal Justice System ◽  
Justice System ◽  
Sociological Imagination ◽  
Formerly Incarcerated ◽  
Prisoner Reintegration ◽  
Bisexual And Transgender ◽  
The Military

This paper is published in Sociological Imagination. Citation: Dernberger, Brittany. 2017. “Limited Intersectional Approaches to Veteran and Former Prisoner Reintegration: Examining Gender Identity and Sexual Orientation.” Sociological Imagination 53(1): 100-131. Recent legal and policy changes within two prominent institutions, the military and criminal justice system, have profoundly altered the visibility – and subsequent rights – of lesbian, gay, bisexual, and transgender (LGBT) service members and those currently incarcerated. Comparing these two institutions side-by-side illustrates how LGBT inequality mechanisms operate at both an individual and systemic level. Both the military and criminal justice system are total, hypermasculine institutions, both are socially concentrated experiences, both end with a changed relationship with the state, and both veterans and those formerly incarcerated have comparable challenges to reintegration upon returning to their communities. Intersectional analysis provides an apt tool to critically examine how reintegration processes differ for those identifying as LGBT. I examine ways in which existing literature is intersectional and highlight the lack of analyses about systems of power that amplify or moderate former prisoner re-entry and veteran transition for those identifying as LGBT. Finally, I discuss why there may be a lack of attention to intersectionality, and specifically to LGBT individuals, in the literature and address how an intersectional framework would contribute to both public policy and to expanding the existing literature on social inequality and stratification.

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