Familiarity and Conviction in the Criminal Justice System

Author(s):  
Joanna Pozzulo ◽  
Emily Pica ◽  
Chelsea Sheahan

Eyewitnesses are likely to have some degree of familiarity with a perpetrator when a crime is committed. Despite the fact that the majority of crimes are committed by someone with whom the victim/witness is familiar, the majority of eyewitness research has focused on the identification of stranger perpetrators. It is critical to examine how familiarity may influence eyewitness accuracy. Familiarity can vary from a complete stranger to a very familiar other. This book explores the “middle ground” as it relates to the criminal justice system, namely describing perpetrators, eyewitness identification, and jury decision-making. The purpose of this book is to consolidate the literature that exists regarding familiarity and to apply this research to an eyewitness context. This book attempts to better understand how familiarity may impact eyewitnesses and to highlight key considerations when an eyewitness is familiar with a perpetrator while collecting eyewitness evidence and using it in a courtroom. This is achieved through an in-depth discussion of the definition of familiarity, the examination of critical social psychological and cognitive theory in relation to familiarity, a description of the current literature examining eyewitness familiarity, a discussion of familiarity evidence in the courtroom, and a proposal for future directions and research.

Author(s):  
Joanna Pozzulo

This chapter provides a summary of the goals of the book and offers a look to the future in eyewitness familiarity research. The chapter addresses why there has been limited research examining familiarity within an eyewitness context. Next, it describes the current state of the field in terms of studying familiarity through four themes: (1) the limited amount of research utilizing familiarity in an eyewitness context; (2) the importance of focusing on system variables, such as police practices and procedures, that may exacerbate errors in familiarity cases; (3) the importance of understanding the interaction between familiarity and estimator variables that may increase or decrease eyewitness accuracy; and (4) the influence of familiarity claims in the courtroom. This chapter concludes with a discussion of the importance of studying familiarity in terms of the criminal justice system.


Author(s):  
Reena Kapoor ◽  
Alec Buchanan

This chapter provides guidance for mental health clinicians whose patients are involved in the criminal justice system. It describes the typical course for a person with mental illness as he or she progresses through the criminal justice system, with a focus on the various types of psychiatric evaluations that are performed. It discusses the legal basis and essential elements of competence to stand trial evaluations, the legal definition of insanity, jail diversion programs, and presentencing evaluations. The differences between treating clinicians and forensic evaluators in the criminal justice system are explained. Finally, it offers guiding principles and tips for avoiding common pitfalls.


2021 ◽  
Author(s):  
Vanshika Dhawan ◽  
Marty Fink

The Canadian criminal justice system has seen many progressive changes to the way sexual assault cases are investigated and prosecuted over the past several decades. From the acknowledgement of spousal rape to the introduction of rape shield provisions, the law has seemingly changed to broaden the definition of what is considered a sexual assault. However, sexually-based offences are still vastly underreported and have the lowest attrition rates of indictable offences. Larger societal discourses around sexual assault and survivor-hood consist largely of rape myths, such as the idea that “real rape” only occurs when an “undeserving” woman is sexually assaulted by a “stranger in the dark.” These discourses permeate the Canadian criminal justice system, negatively influencing the experience of survivors who do not fit the narrow mould “real rape.” Drawing from Norman Fairclough’s Critical Discourse Analysis and Stuart Hall’s Discursive Approach, this Major Research Paper traces the effects of these discourses on constructions of sexual assault and survivor-hood in the legal system. Through a theoretical analysis of existing literature on the experiences of sexual assault survivors, this paper also examines the ways in which the language we use to describe sexual assault serves to cement rape myths and invalidate survivor experiences in every stage of the Canadian criminal justice system.


2021 ◽  
pp. 273-307
Author(s):  
Neena Samota

This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.


Author(s):  
Martin Partington

This chapter focuses on the criminal justice system. It contains summaries of the different social theories that underpin both the criminal justice system and the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. This chapter emphasizes the holistic approach by looking not only at what happens in courts, but also the police station and in post-trial contexts such as parole and criminal cases review. The place of the victim in the system is also considered. Particular emphasis is placed on how the current system is changing in the quest for improved efficiency.


Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.


Author(s):  
Martin Partington

This chapter focuses on the criminal justice system. The chapter contains a summary of the different social theories that underpin the system as well as the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. Particular emphasis is placed on how the current system is changing.


1991 ◽  
Vol 25 (3-4) ◽  
pp. 779-791
Author(s):  
Stephen Goldstein

I am honoured and pleased to comment on the paper on “Punishment Civil Style” by my good friend Marc Galanter, with whose basic thesis I am in complete agreement. I would take as my starting point and, indeed, emphasize, Galanter's definition of punishment as the “imposition of a harm, injury, deprivation or other bad thing on someone on the ground of some commission of some offence. The infliction of harm on the offender may be viewed as a goal (or a proximate to a goal of justice) or it may be viewed instrumentally as a mean to social betterment through rehabilitation, incapacitation, deterrence, reassurance, and so forth”.Galanter well points out that, as such, punishment is not limited to the criminal justice system, but is employed also in other societal systems, including that of civil justice.Yet, I fear that he may mislead us in focusing in his paper so heavily on punitive damages, which he maintains “are the most visible and clearly legitimated manifestation” of the principle of “civil punishment”.


Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.


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