Seeing Justice

2021 ◽  
Author(s):  
Mary Angela Bock
Keyword(s):  
Criminal Justice ◽  
Public Sphere ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Participant Observation ◽  
The United States ◽  
Detailed Examination ◽  
Visual Media ◽  
The Way

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.

Racial Justice and Criminal Justice

2018 ◽  
Author(s):  
Andrew Valls
Keyword(s):  
Criminal Justice ◽  
African Americans ◽  
Criminal Justice System ◽  
Justice System ◽  
Racial Inequality ◽  
Racial Bias ◽  
The United States ◽  
Black Communities ◽  
Racial Justice ◽  
Black Neighborhoods

The criminal justice system in the United States both reflects racial inequality in the broader society and contributes to it. The overrepresentation of African Americans among those in prison is a result of both the conditions in poor black neighborhoods and racial bias in the criminal justice system. The American system of criminal justice today is excessively punitive, when compared to previous periods and to other countries, and its harsh treatment disproportionately harms African Americans. In addition, those released from prison face a number of obstacles to housing, employment, and other prerequisites of decent life, and the concentration of prisoners and ex-prisoners in black communities does much to perpetuate racial inequality.

scholarly journals Mercy towards decarceration: Examining the legal constraints on early release from prison

Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Family Members ◽  
The United States ◽  
Early Release ◽  
The Us ◽  
Legal Constraints ◽  
Release From Prison

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.

Public Attitudes Toward New Prisons in New Zealand and Deficit Narratives: A Quantitative Survey

2018 ◽  
Vol 29 (4) ◽  
pp. 348-360 ◽  
Author(s):  
Adele N. Norris ◽  
Kalym Lipsey
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
News Media ◽  
Media Coverage ◽  
Justice System ◽  
Prison Population ◽  
Public Attitudes ◽  
The United States ◽  
Quantitative Survey

The imprisonment rate in New Zealand ranks seventh among the Organisation for Economic Co-operation and Development (OECD). Yet the imprisonment of Indigenous people is on par with the United States, which has the world’s highest incarceration rate. Almost 70% of the prison population in New Zealand is comprised of people racialized as non-White. In 2016, the National Government proposed to spend $2.5 billion over a 5-year period to build new prisons (1,500 prison beds) to accommodate a growing prison population. This study assessed public attitudes toward the need for more prisons and the equity of treatment of individuals within the criminal justice system. Findings from a 2016 and 2017 quantitative survey of 5,000 respondents each year revealed that roughly half of the respondents believed the proposed spending for new prisons to be extremely to somewhat necessary. A large proportion of respondents also believed Māori and Pākehā, if convicted of the same crime, are treated similarly within the criminal justice system. New Zealand scholars have critiqued news media coverage of contentious sociopolitical issues, such as crime and prisons, for employing tactics that have worked to construct a morally and culturally deficit “Other” while normalizing whiteness, rendering it invisible and raceless. This article concludes that this process masks racial disparities of individuals located within the criminal justice system and preserves the ideal that prisons are a normal function of the social landscape.

Criminal Justice in an Era of Mass Deportation

2017 ◽  
Vol 20 (1) ◽  
pp. 12-38 ◽  
Author(s):  
Ingrid V. Eagly
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
State Level ◽  
Plea Bargaining ◽  
The United States ◽  
Criminal Court ◽  
Law Enforcement Agencies ◽  
Collateral Consequence

After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.

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 Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

scholarly journals (DE)CONSTRUCTING THE “PERFECT RAPE VICTIM”: AN ANALYSIS OF SEXUAL ASSAULT AND SURVIVOR DISCOURSES IN THE CANADIAN CRIMINAL JUSTICE SYSTEM

2021 ◽  
Author(s):  
Vanshika Dhawan ◽  
Marty Fink
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Rape Myths ◽  
Attrition Rates ◽  
Sexual Assault Survivors ◽  
Spousal Rape ◽  
Definition Of

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.

Sex Panic and Denial

2018 ◽  
Vol 21 (3) ◽  
pp. 458-482
Author(s):  
Corey Rayburn Yung
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
American Culture ◽  
The United States ◽  
Social Goal ◽  
Residency Restrictions

The American criminal justice system regarding sex is not just logically incoherent, it is also often morally bankrupt because it remains unexamined and poorly understood. This Article contends that there are actually common roots underlying the seemingly oppositional forces of social panic and denial, which explain why the United States has an endemic sexual violence problem. Both panic and denial reinforce the implicit, and sometimes explicit, desire to avoid substantive engagement with socially contentious issues related to sex. The use of residency restrictions and civil commitment fit the modern social goal of putting sex offenders out-of-sight and out-of-mind. Yet, those same desires also explain America’s unwillingness to believe victims of sexual violence and police failure to properly investigate criminal complaints. In this way, sex panic dovetails with sex denial—in both instances, American culture only permits a limited discussion and understanding of sex and sexual violence. The result is that our nation fails to take sex crime complaints seriously while overreacting to the few convictions that emerge from the hostile criminal justice system.

Probation and Parole Statistics

2020 ◽  
pp. 1-4
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Assessment Instruments ◽  
Tax Base ◽  
Improve Treatment ◽  
Treatment Services ◽  
Probation And Parole ◽  
Federal Assistance

There are more than 2,000 probation agencies in the United States, and staff in these agencies rely heavily on a long list of case plan agreements to get their clients to obey the laws and other societal rules. Yet, the list of rules, themselves, create overwhelming challenges for those on probation and parole, especially those who suffer from drug addiction, mental illness, and physical and cognitive disabilities. A reduced tax-base reduces federal assistance but at the same time increases the criminal justice system. Thus, funding intended to improve treatment services for those on probation has been used to improve the criminal justice system itself. Unfortunately, residents involved with the criminal justice system have concluded the laws are wholly illegitimate. The opening chapter presents the theme of the book: the cyclical nature of the use of recidivism reduction risk assessment instruments.

Sign in / Sign up

Export Citation Format

Share Document