20. The Future in a Post-COVID World

The Future ◽

Justice Systems ◽

The Government ◽

This chapter considers the impact that COVID-19 has had on the English Legal System. The chapter is broken down into sections that mirror the parts of this book. The chapter begins by noting that the manner in which laws are passed differed because of coronavirus. The government were given wide-ranging powers to introduce new laws that restricted liberty. In many instances, these were not subject to Parliamentary debate or judicial analysis. The chapter also considers how the courts had to adjust to new ways of working. While traditionally, the courts rely on live proceedings, with everyone gathered in court, this was not possible throughout the pandemic. Remote hearings became the new normal until so-called ‘Nightingale Courts’ were introduced to allow for socially-distant trials to resume. However, this has led to significant delays in both the civil and criminal justice systems that will have a lasting impact. The chapter considers not only what has happened during the coronavirus pandemic, but also what lessons have been learnt that can carry through to the future.

Seeking Criminal Justice Clarity amid Historic Chaos

Federal Sentencing Reporter ◽

10.1525/fsr.2020.33.1-2.1 ◽

2020 ◽

Vol 33 (1-2) ◽

pp. 1-2

Author(s):

Douglas A. Berman

Keyword(s):

United States ◽

Criminal Justice ◽

The United States ◽

Racial Justice ◽

Federal Sentencing ◽

Societal Changes ◽

Justice Systems ◽

The Many ◽

The remarkable events of 2020 have disrupted and altered all sorts of plans, and this issue of FSR covers some of the many varied criminal justice and sentencing echoes of the ongoing COVID-19 pandemic and urgent new calls for racial justice. The intense and dynamic topics that have come to define 2020 in the United States necessarily impact, and may even consume our thinking, about modern criminal justice systems generally and federal sentencing realities in particular. Included in this FSR issue are reports and data and commentary that predate spring shutdowns and summer protests and related developments; but these materials now carry distinctive meaning and even a new urgency in light of 2020 challenges. It is impossible to fully assess in short order the impact of massive societal changes on the federal sentencing system, but we are hopeful this FSR issue can provided added perspective to a rapidly changing world that still often seems hard to fully grasp.

The Future for Social Work in Juvenile and Adult Criminal Justice

Advances in Social Work ◽

10.18060/92 ◽

2005 ◽

Vol 6 (1) ◽

pp. 210-220 ◽

Cited By ~ 2

Author(s):

Rosemary C. Sarri ◽

Jeffrey J. Shook

Keyword(s):

Social Work ◽

Criminal Justice ◽

Social Workers ◽

People Of Color ◽

Negative Effects ◽

The Future ◽

Effects On Children ◽

Justice Systems

Critical contemporary issues in juvenile and adult criminal justice are identified followed by an examination of particular issues for social workers, including the increase in incarceration, the over representation of people of color, and the numerous negative effects on children. The various roles for social workers in the criminal justice systems are presented and discussed. The paper also addresses the decline of social work professionals in the criminal justice systems and why it is imperative that the pattern be reversed now that there is growing interest in the rehabilitation and reintegration of offenders.

Bridging mental health and criminal justice systems: A systematic review of the impact of mental health courts on individuals and communities.

Psychology Public Policy and Law ◽

10.1037/law0000194 ◽

2019 ◽

Vol 25 (2) ◽

pp. 73-91 ◽

Cited By ~ 6

Author(s):

Kelli Canada ◽

Stacey Barrenger ◽

Bradley Ray

Keyword(s):

Mental Health ◽

Systematic Review ◽

Criminal Justice ◽

Mental Health Courts ◽

Justice Systems ◽

Criminal Minds

10.1093/oxfordhb/9780199352333.013.21 ◽

2016 ◽

Author(s):

Stephen Garton

Keyword(s):

Criminal Justice ◽

Insanity Defense ◽

Prison System ◽

Criminal Trials ◽

Justice Systems ◽

The 1960S ◽

This article explores the impact of psychiatric theories and practices in the administration of criminal justice systems, largely in the Anglophone West. It focuses on the increasing use of psychiatric testimony in criminal trials, the struggle by doctors to expand the utility of this testimony beyond the strictures imposed by the M’Naghten Rules governing the insanity defense, and the increasing resort to psychiatric assessments at both the pretrial and posttrial stages to stream those deemed patients out of the prison system. By the interwar years psychiatric assessments and treatments were also being used extensively in prisons in some jurisdictions to govern decisions about parole and release. By the 1960s, however, a backlash against psychiatry and a loss of faith in rehabilitative strategies had curtailed its impact, although it remains an important element within most Western criminal justice systems.

Judicial dialogue in three silences

New Journal of European Criminal Law ◽

10.1177/2032284418761062 ◽

2018 ◽

Vol 9 (1) ◽

pp. 38-42

Author(s):

Valsamis Mitsilegas

Keyword(s):

Criminal Justice ◽

Constitutional Law ◽

Considerable Degree ◽

Constitutional Court ◽

Eu Law ◽

Court Of Justice ◽

Justice Systems ◽

The Impact ◽

The Relationship

The Taricco litigation before the Court of Justice and the Italian Constitutional Court has generated a number of fundamental questions about the relationship between EU law and national constitutional law and about the impact of EU law on domestic criminal justice systems. The ensuing dialogue between the two Courts has resulted in a considerable degree of mutual accommodation, while leaving a number of issues unresolved. The aim of this comment is to contextualize the Taricco litigation by focusing not on what the Courts have said, but on what the Courts have actually chosen to omit or sideline in their direct conversation, focusing thus on judicial dialogue via the two Courts’ silences. Three silences will be analysed here, one for each of the rulings in the Taricco litigation in sequence.

11. Transformation or transition? The English legal system in flux

10.1093/he/9780198852926.003.0011 ◽

2021 ◽

pp. 320-330

Author(s):

Martin Partington

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Legal System ◽

Justice System ◽

Legal Education ◽

Legal Advice ◽

The Past ◽

The Future ◽

The final chapter of this book reflects further on how the legal system has changed and will continue to develop going forwards. The dramatic changes that have been made over the past 20+ years are grouped under two broad headings: modernization and austerity. Looking to the future, the immediate challenge is to finish the Transformation Programme and to deal with the impact of the COVID-19 pandemic. Other issues include: dealing with the criminal justice system; increasing support for legal advice services; and improving public legal education. The chapter argues that lawyers should not fear change, but exploit the opportunities that arise.

Restorative Justice and Criminal Justice Systems in Europe

MINORIGIUSTIZIA ◽

10.3280/mg2016-001003 ◽

2016 ◽

pp. 24-32 ◽

Cited By ~ 1

Author(s):

Katrien Lauwaert ◽

Ivo Aertsen

Keyword(s):

Criminal Justice ◽

Restorative Justice ◽

Justice Systems

“We’ll Take the Tough Ones”

New Criminal Law Review An International and Interdisciplinary Journal ◽

10.1525/nclr.2019.22.4.542 ◽

2019 ◽

Vol 22 (4) ◽

pp. 542-584

Author(s):

Chrysanthi S. Leon ◽

Corey S. Shdaimah

Keyword(s):

Criminal Justice ◽

Diversion Programs ◽

Social Emotional ◽

Theoretical Frameworks ◽

Material Resources ◽

Professional Goals ◽

Working Groups ◽

Justice Systems

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.