scholarly journals Injustice in the Justice System: Reforming Inequities for True “Justice for All”

2019 ◽  
Vol 47 (5) ◽  
pp. 682-740 ◽  
Author(s):  
Femina P. Varghese ◽  
Tania Israel ◽  
Guy Seymour ◽  
Rachel Becker Herbst ◽  
Lauren G. Suarez ◽  
...  

True justice is equitable. Counseling psychologists, through their skills, knowledge, and values, can be a powerful force in reforming a system that oppresses marginalized groups to one that is just. In this paper, we focus on three major aspects of the justice system: laws and the courts, law enforcement, and detention and corrections, and we further describe injustice in these three areas. We then use critical race theory and counseling psychology perspectives to develop a framework to provide counseling psychologists with practical strategies to transform inequities. Such strategies include advocating to change unjust laws, filling the research gap for effective and humane practices, developing evidence-based programs, and providing leadership and training.

2018 ◽  
Vol 12 (3) ◽  
pp. 148 ◽  
Author(s):  
Ruth M. López ◽  
Yalidy Matos

This conceptual article examines the intersection between immigration law enforcement and education. We explore the following questions: How have immigration and education policy intersected in the last decade, and particularly after the 2016 presidential election? To examine this question, we make use of the interdisciplinary nature of our own academic backgrounds as a political scientist and an education policy scholar to ground our article using sociologist Herbert Blumer’s sense of group position theory, Critical Race Theory (CRT), and Latina/o Critical Race Theory (LatCrit). Guided by this theoretical frame, we discuss the notion of education being used as a bargaining tool and a weapon with implications for Latino communities given the current political and anti-immigrant context. We highlight examples that represent various levels of government and that on the surface have a target population of immigrant adults or young adults—however, we argue that regardless of the target population, if a policy has direct implications for adult immigrants and immigration, it will have direct implications for educational institutions and the children of immigrants.


2019 ◽  
Vol 21 (1) ◽  
pp. 19-30
Author(s):  
Melissa Neal Stein

People of color are disproportionately impacted by the criminal justice system. Many jurisdictions attempt to reduce racial disparities; however, they often do not incorporate strategies to effectively address institutional and structural racism. Resulting data reveal no effect or an exacerbating effect on disparities. This commentary attempts to translate three mistaken assumptions from the field of behavioral health, so that they apply to criminal justice system reforms. The mistaken assumptions for criminal justice are that system-wide reform efforts will naturally reduce disparities, current reforms meet the needs of diverse communities, and evidence-based practices have been tested for their impact on diverse groups. These may be countered with the following recommendations: apply critical race theory, respond to communities' needs, and adapt evidence-based practices.


2019 ◽  
Vol 8 (3) ◽  
pp. 363-378 ◽  
Author(s):  
Megan Sharp

In this article, I draw on the knowledge and lived experience of queer people – some of whom also identify as trans, gender diverse and/or non-binary – who actively participate in Australian punk scenes. Using socio-geographical research of intersectionality, critical race theory and spatiality I find queer experiences of and in punk highlight a complication to claims of female and queer invisibility, one that takes into account spacial formations. Attending to queer, trans and gender-diverse people’s experiences, hypervisibility presents a conceptual entanglement where genders, bodies and sexualities attract attention from a dominant, patriarchal group, rather than being rendered invisible by it. This hypervisibility appears steeped in unintelligibility where being visible but unknowable presents a range of issues such as standing out not only in physical punk spaces such as gigs, but on digital platforms and in everyday life. As such, this article builds on a feminist thesis of invisibility politics by aiming to elasticize knowledges of gender, resistance and subcultural participation among marginalized groups.


Author(s):  
Neena Samota

This chapter examines the salience of race and ethnicity in the criminal justice system from the perspective of critical race theory (CRT). It first provides an overview of the key ideas of CRT before discussing the interrelationships among race, crime, and the criminal justice system. It then explores the state response to rising social inequality and racial discrimination, as well as the key decision-making points in the criminal justice process that potentially increase or decrease ethnic disproportionality. It also considers the use of CRT to understand crime and criminal justice in England and Wales and how the principle of fairness that underpins the concept of policing by consent is undermined by any unfair practices or unlawful discrimination. concludes by citing evidence showing that people from ethnic minorities are at greater risk of criminalisation and harsher sanctions through the policing, prosecution, and sentencing stages.


Author(s):  
Maha Kumaran ◽  
Leanne Templeton

The initial aim of this study was to learn if there was any diversity in ethnicity, sexual orientation, gender, or disability among public library board members. Through participant interviews, this study reports on member perceptions of diversity in the areas of member recruitment, qualifications, training, and length of term. Board members from four public libraries in Alberta and Saskatchewan were interviewed and the results were analyzed through the framework of critical race theory (CRT). Findings suggest that library boards lack diversity, particularly in finding, recruiting, and training members who are truly representative of their community. Cultural sensitivity and cross-cultural training are important for board members to connect with their communities.


Author(s):  
Andrew Valls

Liberal political theory has far-reaching implications for issues of racial justice in the United States. It supports demands for reparations, appropriate memorialization, support for black institutions, affirmative action, dramatic improvement of the conditions in black neighborhoods, reform of the criminal justice system, and the enhancement of educational opportunities for African Americans. The underlying theme running through all of these conclusions is that racial justice requires not necessarily integration but rather a commitment to the liberty and equality of all. These conclusions converge with the demands of radical movements and schools of thought, such as critical race theory and the Movement for Black Lives.


2018 ◽  
Vol 3 (4) ◽  
pp. 1-12
Author(s):  
Ellya Susilowati

This study aims to examine how the knowledge and skill of Social Workers in handling Children against Law (ABH) in Indonesia. Social Worker is a profession mandated by Law No. 11 of 2012 concerning the Juvenile Criminal Justice System has some duties, among others, such as assisting the recovery process and changes in Children behavior; giving consideration to law enforcement officers for handling children social rehabilitation; accompany the delivery of Children to their parents, government agencies or community institutions; and approach the community to be willing to accept the children in their social environment. This study used a qualitative approach with descriptive methods for six social workers who carried out tasks in Cianjur regency, West Java. Data collection techniques used interviews, observation and documentation studies. The results indicated that the knowledge and skills of Social Workers in carrying out the tasks of handling ABH still had some limitations, especially in the application of working skills with ABH. The recommendations of this study are: 1) Education and Training Center in the ABH training for Social Workers needs to increase knowledge and skills about social rehabilitation; 2) Children social workers conduct regular discussions and sharing on the competence of social work related to the handling ABH.


Author(s):  
Marilyn Y. Byrd

This chapter is a qualitative, narrative case study that seeks to unveil the social identity diversity of leadership from the perspective a Black woman leader. Social identity diversity is a form of difference that marginalized groups, such as Black women, experience in predominantly White organizational and institutional settings as a result of intersectionality. Social identity diversity creates multiple dynamics for groups such as Black women who hold leadership positions in the aforementioned settings. This study highlights the need for more inclusive and cultural perspectives of leadership, which calls for more inclusive theoretical frameworks that consider the social identity diversity of the leader. Critical race theory is presented as a theoretical framework that is useful for explaining how systems of power sustain domination and oppression in organizational and institutional settings. Implications for an emerging social justice paradigm are given.


2020 ◽  
Vol 35 (2) ◽  
pp. 160-175
Author(s):  
Amy Reckdenwald ◽  
Donna J. King ◽  
Adam Pritchard

Recent research has pointed to the need for systematic law enforcement training on domestic violence when nonfatal strangulation is involved to improve evidence-based prosecution of these potentially deadly assaults; however, virtually no research has examined the legal response to nonfatal strangulation since many states have made it a separate criminal felony. The current exploratory study examines filing, charging, and adjudication decisions of nonfatal strangulation cases over a 3-year period based on evidence documentation in law enforcement reports to explore how these cases are handled by the criminal justice system in Brevard County, Florida. Results support previous research showing the importance of training police officers and other personnel as insufficient evidence may be one possible factor limiting the prosecutors' ability to successfully prosecute domestic violence strangulation offenders to the highest extent available under the law. Implications spread across multiple disciplines.


Author(s):  
Syarifuddin Syarifuddin

The purpose of the juvenile criminal justice system is basically to protect the dignity of children, especially the protection of the law in the justice system. Therefore, the juvenile justice system is not only emphasized on imposing sanctions on imprisonment alone, but also on children's responsibilities. The research is descriptive in nature because it only explains about legal arrangements, the application of criminal sanctions, as well as the legal considerations of judges in deciding cases of perpetrators of sexual abuse in the Decision of the Lubuk Pakam Court Number: 78 / Pid.Sus-children / 2019 / PN-Lbp).The application of sanctions which is found in legal arrangements contained in Article 71 to Article 83 of the SPPA Law is imprisonment for 3 (three) years 6 (six) months and job training for 2 (two) months. Judge's legal considerations are based on the age of the child and the potential of the child as the next generation who have knowledge and skills, so it is necessary to be equipped with certain knowledge or skills or expertise in the hope that the child returns to the community based on the judge’s believe. The sustained socialization against law enforcement officers and the public need to do, thereby it can optimize joint commitment in handling children dealing with the law.Keywords: Application of Sanctions, Imprisonment and Training, Child Perpetrators, Sexual Abuse.


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