Criminal Minds

2016 ◽  
Author(s):  
Stephen Garton
Keyword(s):  
Criminal Justice ◽  
Insanity Defense ◽  
Prison System ◽  
Criminal Trials ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
The 1960S ◽  
The Impact

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.

Seeking Criminal Justice Clarity amid Historic Chaos

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 ◽  
Criminal Justice Systems ◽  
Societal Changes ◽  
Justice Systems ◽  
The Many ◽  
The Impact

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.

20. The Future in a Post-COVID World

2021 ◽  
pp. 689-716
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Legal System ◽  
New Normal ◽  
New Ways Of Working ◽  
Parliamentary Debate ◽  
Criminal Justice Systems ◽  
The Future ◽  
Justice Systems ◽  
The Government ◽  
The Impact

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.

Judicial dialogue in three silences

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 ◽  
Criminal Justice Systems ◽  
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.

“We’ll Take the Tough Ones”

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 ◽  
Criminal Justice Systems ◽  
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.

scholarly journals Unintended consequences of drug policies experienced by young drug users in contact with the criminal justice systems

2021 ◽  
Vol 28 (1) ◽  
pp. 36-47
Author(s):  
Jacek Moskalewicz ◽  
Katarzyna Dąbrowska ◽  
Maria Dich Herold ◽  
Franca Baccaria ◽  
Sara Rolando ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Drug Users ◽  
Unintended Consequences ◽  
Criminal Justice Systems ◽  
Drug Policies ◽  
Justice Systems

Setting the parameters of ‘digital (criminal) justice’ in Scotland

2017 ◽  
Vol 64 (3) ◽  
pp. 191-208
Author(s):  
Mike Nellis
Keyword(s):  
Criminal Justice ◽  
Professional Practice ◽  
Policy Debate ◽  
Human Beings ◽  
Policy Document ◽  
Criminal Justice Systems ◽  
Information And Communication ◽  
Justice Systems ◽  
Scottish Government ◽  
Critical Literature

The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitization’, which could be very threatening to existing forms of professional practice. It sets the policy debate in the broader context of increasing automation and the more critical literature on digitization, concluding with recommendations for a revised policy document, ideas which may be of interest outside Scotland.

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