The Formation of the Polish Legal System During the Changes in the Structure of the Government: 1944 -1949 (With Special Emphasis On the Criminal Justice System)

1990 ◽  
Vol 16 (1) ◽  
pp. 57-79 ◽  
Author(s):  
Michal Plachta

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.



2021 ◽  
pp. 719-741
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams

This chapter explores the criminal justice institutions. In practice, the criminal justice system contains five distinct institutions that are responsible for delivering justice: the police, the Crown Prosecution Service (known as the CPS), the courts, probation providers, and prisons. Although they are all part of one overall system, each has different aims, roles, and challenges. Theoretically, the fact that these bodies are all accountable to the separation of powers concept should bring some unity in that it gives Parliament, the independent judiciary, and central government opportunities to shape the system to align with their version of justice. The government can exert considerable influence through the work of the Ministry of Justice or MoJ. The MoJ is currently the most important governmental agency in the criminal justice system, but the larger and more powerful Home Office is also involved to an extent, mainly with the police.



2020 ◽  
pp. 113-136
Author(s):  
Sarah Esther Lageson

Interviews with more than 100 people whose records appear online show how the ability to manage digital punishment is directly tied to a person’s familiarity with technological systems and their faith in bureaucracy. Instead of confronting the government or the criminal justice system, many people engage in digital avoidance, afraid that any attempts will only make the problem worse. This intersection between the criminal justice system and technology reproduces social inequality at the speed of the internet, disproportionately impacting people who have less access to and command over digital technologies. This chapter discusses the qualities of digital punishment, the strategies people who are experiencing digital punishment deploy to deal with their online stigma, and an explanation for why many people choose to engage in digital avoidance rather than try to have their online record removed. Rooted in theories of the digital divide and the disparate impact of big data technologies, the chapter concludes with a discussion of how digital punishment challenges long-held theories of criminal stigma, desistance, and rehabilitation.



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.



2017 ◽  
Vol 24 (3) ◽  
pp. 449-460 ◽  
Author(s):  
David Fitzpatrick

Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.



Interpreting ◽  
2008 ◽  
Vol 10 (1) ◽  
pp. 34-64 ◽  
Author(s):  
Ruth Morris

Along a continuum of interlingual interpreting which begins with police investigations and may end in a supreme court, consistent quality must be assured in order to comply with the standards of justice to which enlightened countries aspire and lay claim. With the advent of the global village, the quantity of cases requiring language mediation has exploded exponentially. The issues involved are not new, and simply put involve arranging for the provision of competent interpreters throughout the criminal justice system. However, the actual provision of quality interlingual interpreting in a criminal justice system is not a straightforward enterprise. The mere existence of legislation requiring the provision of interpreters in courts is not the key element. Nor are insightful comments made by appellate judges in cases brought because of an absence of satisfactory language arrangements. The article shows the problematic nature of interpreting arrangements in the criminal justice system for which the government and its players — even judges — assume no responsibility. The resultant “missing stitches” are likely to deprive those who do not speak the language of the proceedings of their fundamental rights.



2018 ◽  
Author(s):  
Fransiska Novita Eleanora

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.



2018 ◽  
Vol 1 (1) ◽  
pp. 76
Author(s):  
Mansour Rahmdel

<em>Normally, the right to compensation refers to the victim’s compensation. The legislator also typically refers to the right to it, as the Iranian Criminal Procedure Code has done so in articles 14 and 15. But the present paper, refers not to the victim’s, but the accused right. The Criminal Procedure Code of 1912 and 1999 referred to the possibility of compensating the accused by the iniquitous private complainant. However, none of them referred to the government’s obligation to compensate to the innocent accused. In contrast, the Penal Code of 2014 stipulates the government’s obligation to compensate the defendant for damages, but does not rule out the possibility of compensation by iniquitous complainant. Certainly, it does not exempt the complainant to compensation. Reaffirming the responsibility of the government to offset the losses of innocent accused, in line with international conventions, is one of the highlights of the new code. But the lack of compensation for unjustified detention is one of the gaps in the new code. This paper proposes that the Iranian new code of criminal procedure, serves as a development in respecting the accused right in creating comprehensive compensation schemes.</em>



Sign in / Sign up

Export Citation Format

Share Document