Segregation

2020 ◽  
pp. 172-194
Author(s):  
Kimberley Brownlee
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Personal Identity ◽  
Justice System ◽  
Social Bonds ◽  
Social Rights ◽  
Social Abilities ◽  
The Status

This final chapter explores ways that we segregate people whom we deem to be socially threatening. One powerful but non-obvious way that we segregate is at the level of personal identity through our use of essentialist language such as ‘offender’, ‘perpetrator’, ‘alien’, ‘stranger’, and ‘patient’, which reduces people’s lives to a (perceived) threatening feature. We also segregate in concrete ways through institutions such as prisons, hospitals, and immigrations centres, which tend to undermine people’s social abilities, opportunities, and connections. The status of social rights is particularly precarious within the criminal justice system. Many people in prison lack privacy, struggle to maintain stable connections, endure periods of isolation, receive criminal sentences they can never spend, have their outside social bonds stretched or severed, and lack support to reintegrate, all of which runs counter to social human rights. Some social rights are too fundamental to be forfeitable, and their infringement must not be taken lightly.

Public Intoxication and Criminal Justice

1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke
Keyword(s):  
Health Care ◽  
Criminal Justice ◽  
Alcohol Abuse ◽  
Criminal Justice System ◽  
Justice System ◽  
Federal Courts ◽  
Survey Questionnaire ◽  
Modest Increase ◽  
The Status ◽  
The 1960S

Since the mid 1930's there has been an accelerating growth in understanding the nature and scope of alcohol abuse, and a modest increase in resources to combat it. Although, as early as 1869, a significant court decision held that alcoholism could be viewed as an illness, It was not until the second half of the 1960s that the next such findings, this time by Federal courts, set the course of continuing action to take alcoholism out of the criminal justice system and place it under the aegis of health care. The status of alcoholism legislation in thirty-eight states is examined, based on their resonse to a survey questionnaire and other data provided by the National Institute on Alcohol Abuse and Alcoholism. Alternate treatment systems, developed and tested by the Ontario Addictions Foundation, provide background to the treatment systems which have emerged in most states which have decriminalized public intoxication.

Murder and Maugham: A Neglected Subversive?

2002 ◽  
Vol 75 (4) ◽  
pp. 330-339
Author(s):  
Keith Soothill
Keyword(s):  
Twentieth Century ◽  
Short Stories ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Status Quo ◽  
Labour Government ◽  
Serious Crime ◽  
The Status

Somerset Maugham's writings had huge audiences in the first half of the twentieth century. In much of his work the focus is on people behaving badly. What effect did his work have on his readers? This article examines his short stories, of which approximately one-fifth of the major ones have murder as their theme. Focusing on the murders that Maugham ‘creates’, the claim is that Maugham is subversive, challenging some readily made assumptions. In Maugham's scheme of things, the criminal justice system is usually inappropriate, irrelevant or produces injustice, with ‘rough justice’ usually the best that is on offer. The resourceful can get away with murder. Murder is not the most serious crime for many. Instinct rather than rationality is the best judge. Maugham also emphasises the importance of fate, thus implying we are not in control of our destinies. The article argues that popular authors, such as Maugham, may have contributed much more than is generally recognised to the developing unease about the ‘status quo’ that ultimately led to the landslide victory of the Labour government in 1945.

Enforcing the Shari`ah in Nigeria

2009 ◽  
Vol 26 (3) ◽  
pp. 24-40
Author(s):  
Ogechi Anyanwu
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Muslim Women ◽  
Social Solidarity ◽  
Northern Nigeria ◽  
Natural Justice ◽  
The Law ◽  
Uncertain Future

The reemergence of the Shari`ah in northern Nigeria in 2000 is reshaping the Muslims’ criminal justice system in unintended ways. This article accounts for and provides fresh insights on how the fate of Muslim women under the Shari`ah intertwines with the uncertain future of the law in Nigeria. Using Emile Durkheim’s theory of conscience collective as an explanatory framework of analysis, I argue that the well-placed objective of using the Shari` ah to reaffirm or create social solidarity among Muslim Nigerians has been undermined by the unequal, harsher punishments and suppression of human rights perpetrated against Muslim women since 2000. A I show, not only does such discrimination violate the principle of natural justice upheld by Islam, but it also threatens to shrink, if not wipe out, the collective conscience of Nigerian Muslims that the law originally sought to advance.

1. Introduction

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Professional Conduct ◽  
Criminal Courts

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

scholarly journals Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights

2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
European Countries ◽  
The European Union ◽  
European Court ◽  
The Right

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.

scholarly journals HAK NARAPIDANA DALAM SISTEM PEMASYARAKATAN DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

2018 ◽  
Author(s):  
Fransiska Novita Eleanora
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Point Of View ◽  
Human Being ◽  
System P ◽  
Correctional System ◽  
A Priority ◽  
The Government

Prisoners are persons who undergoing punishment for committed crimes. According to the verdict, a criminal shall be sentenced in prison. However, the rights of the prisoners are protected by the correctional system, and keep them as human being as a whole. They are rehabilitated, guided, and nurtured which the aims is to make them back to community after the sentencing is finished. From the point of view of human rights, are correctional system was made to protect the rights of criminal, where the criminal remains a priority for the government within the criminal justice system.

scholarly journals IMPLIKASI PENAFSIRAN UNDANG-UNDANG OLEH HAKIM PRAPERADILAN DALAM PERKARA TINDAK PIDANA KORUPSI

2016 ◽  
Vol 27 (3) ◽  
pp. 459
Author(s):  
Yusi Amdani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Interpretation ◽  
The Status

The judge in deciding a case can perform all the legal interpretation is not explicitly defined in the legislation. On the basis of any decision that has been set by the judge, then the decision must be accountable. But in Decision No:04/Pid.Prap/2015/PN.Jkt.Sel, Budi Gunawan pretrial matters related to the Commission, the judge has made a legal interpretation considered contrary to the Criminal Code itself. Judge did interpretation of the Code of Criminal Procedure, on the status of Budi Gunawan as a suspect corruption. The decision has weak the authority of the Commission and the bad in the criminal justice system. Hakim dalam memutuskan suatu perkara dapat melakukan penafsiran hukum sepanjang belum ditentukan secara tegas dalam peraturan perundang-undangan. Atas dasar setiap putusan yang telah ditetapkan oleh hakim, maka putusan tersebut harus dapat dipertanggungjawabkan. Namun dalam Putusan No: 04/Pid.Prap/2015/PN.Jkt.Sel, terkait perkara praperadilan Budi Gunawan terhadap KPK, hakim telah melakukan penafsiran hukum yang dinilai bertentangan dengan KUHAP sendiri. Hakim melakukan penafsiran terhadap KUHAP, atas status Budi Gunawan sebagai tersangka korupsi. Putusan tersebut telah melemahkan kewenangan KPK dan berakibat buruk dalam sistem peradilan pidana.

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