Conclusion

2020 ◽  
pp. 215-226
Author(s):  
Paul M. Renfro

The conclusion traces the expansion of the child safety regime in the George W. Bush and Barack Obama years, looking specifically at the global reach of this regime through the 2003 PROTECT Act, the 2006 Adam Walsh Act, and the International Megan’s Law implemented in 2016. It reveals the continuities between the country’s major political parties on matters of child safety and criminal justice while also analyzing various forms of resistance against the child safety regime and mass incarceration—namely the “free range” movement, the Right on Crime initiative, and the popular cultural push to “humanize” those deemed sex offenders. In closing, the conclusion charts a path for dismantling the child safety regime and the carceral state.

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.


2021 ◽  
pp. 174889582110173
Author(s):  
Douglas Evans ◽  
Adam Trahan ◽  
Kaleigh Laird

The detriment of incarceration experienced by the formerly incarcerated has been increasingly explored in the literature on reentry. A tangential but equally concerning issue that has recently received more research attention is the effect on family members of the incarcerated. The stigma of a criminal conviction is most apparent among families of convicted sex offenders, who experience consequences parallel to those of their convicted relative. Drawing from interviews with 30 individuals with a family member incarcerated for a sex offence in the United States, this study explores manifestations of stigma due to familial association. The findings suggest that families face negative treatment from social networks and criminal justice officials, engage in self-blame and that the media’s control over the narrative exacerbates family members’ experiences. Given the pervasiveness of criminal justice system contact, the rapid growth of the sex offender registry in the United States, and the millions of family members peripherally affected by one or both, justice system reforms are needed to ensure that family members are shielded from the harms of incarceration and registration.


Author(s):  
Jacob R. Gunderson

Scholars have long been concerned with the implications of income inequality for democracy. Conventional wisdom suggests that high income inequality is associated with political parties taking polarized positions as the left advocates for increased redistribution while the right aims to entrench the position of economic elites. This article argues that the connection between party positions and income inequality depends on how party bases are sorted by income and the issue content of national elections. It uses data from European national elections from 1996 to 2016 to show that income inequality has a positive relationship with party polarization on economic issues when partisans are sorted with respect to income and when economic issues are relatively salient in elections. When these factors are weak, however, the author finds no relationship between income inequality and polarization.


2021 ◽  
Vol 33 (2) ◽  
pp. 143-182
Author(s):  
WILL COOLEY

AbstractThe rise of crack cocaine in the late 1980s propelled the war on drugs. The experience of Canton, Ohio, shows how the response to crack solidified mass incarceration. A declining industrial city of 84,000 people in northeast Ohio with deep-seated racial divides, it was overwhelmed by aggressive, enterprising crack dealers from outside the city. In response, politicians and residents united behind the strategy of incessant arrests and drastic prison sentences. The law-enforcement offensive worsened conditions while pursuing African Americans at blatantly disproportionate rates, but few people engaged in reframing the drug problem. Instead, a punitive citizenry positioned punishment as the principal remedy. The emergency foreclosed on more comprehensive assessments of the city’s tribulations, while the criminal justice system emerged as the paramount institution.


2021 ◽  
pp. 251660692199175
Author(s):  
Devansh Dubey ◽  
Payas Jain

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.


2001 ◽  
Vol 34 (3) ◽  
pp. 256-276 ◽  
Author(s):  
Lyn Hinds ◽  
Kathleen Daly

This article explores the contemporary phenomenon of “naming and shaming” sex offenders. Community notification laws, popularly known as Megan's Law, which authorise the public disclosure of the identity of convicted sex offenders to the community in which they live, were enacted throughout the United States in the 1990s. A public campaign to introduce “Sarah's Law” has recently been launched in Britain, following the death of eight-year old Sarah Payne. Why are sex offenders, and certain categories of sex offenders, singled out as targets of community notification laws? What explains historical variability in the form that sex offender laws take? We address these questions by reviewing the sexual psychopath laws enacted in the United States in the 1930s and 40s and the sexual predator and community notification laws of the 1990s, comparing recent developments in the United States with those in Britain, Canada, and Australia. We consider arguments by Garland, O'Malley, Pratt, and others on how community notification, and the control of sex offenders more generally, can be explained; and we speculate on the likelihood that Australia will adopt community notification laws.


2011 ◽  
Vol 52 (1) ◽  
pp. 85-104 ◽  
Author(s):  
ROGER GOCKING

ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.


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