Public Intoxication and Criminal Justice

1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke

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.

2021 ◽  
Vol 56 (S2) ◽  
pp. 48-48
Author(s):  
Scarlett Wang ◽  
Sherry Glied ◽  
Kacie Dragan ◽  
John Billings ◽  
Maria Baquero ◽  
...  

2002 ◽  
Vol 75 (4) ◽  
pp. 330-339
Author(s):  
Keith Soothill

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.


Author(s):  
Gary Tennis ◽  
Kenneth J. Martz ◽  
Jac A. Charlier

Approximately two-thirds of America’s incarcerated population suffers with untreated or undertreated substance use disorders, and many of those individuals commit several crimes related to drug use and addiction on a daily basis prior to being incarcerated. To end the opioid epidemic in the United States we not only need to bolster our health care and public health response to substance use disorders, we need to engage the criminal justice system as a specific touchpoint for public health intervention in communities and states across the country. The principal argument in the chapter is that while individuals with opioid and/or other substance use disorders should get treatment before ever being involved in crime—if they are justice-involved, it is imperative that the criminal justice system serve as a belated but necessary public health and health care intervention supportive of treatment, recovery, and prevention of addiction.


Author(s):  
Jessica Jacobson ◽  
Phillip Sabuni ◽  
Jenny Talbot

Purpose Drawing on multi-method research conducted in 2013-2014, the purpose of this paper is to consider the extent and nature of disadvantage experienced by individuals with psychosocial and intellectual disabilities (PID) who come into contact with the criminal justice system in Zambia. The research was conducted as part of a wider project aiming to bring about improvements in how people with PID are dealt with by the criminal justice services. Design/methodology/approach The research activities included interviews with 29 individuals with PID who had experienced the criminal justice system as suspects, defendants or prisoners (“self-advocates”). A focus group and interviews were also conducted with the family members of people with PID who had criminal justice experience. Findings People with PID in contact with the criminal justice services in Zambia are disadvantaged and discriminated against routinely and systematically. Like all detainees, they experience harsh and at times brutal conditions of detention. However, because of their disabilities, such experiences can be more keenly felt: their disabilities may be exacerbated by detention or by limited or non-existent health care; and they are likely to be less resourceful than other detainees and, therefore, less able to cope with the privations of detention. Originality/value In drawing on the self-advocate interviews, this paper presents direct, vivid accounts of what it means to be a suspect, defendant or prisoner with disabilities in Zambia. These are extremely marginalised and multiply disadvantaged individuals whose voices are rarely heard.


2016 ◽  
Vol 27 (3) ◽  
pp. 459
Author(s):  
Yusi Amdani

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.


2021 ◽  
Author(s):  
◽  
Riki Mihaere

<p>Māori are 15% of the New Zealand population, and yet are 45.3% of annual police apprehensions and 51% of the prison population. This status of Māori ‘over-representation’ in the criminal justice system has remained steady for the last 34 years. One principle explanation of this status is that Māori have limited access to a secure Māori cultural identity. As a result, criminal justice authorities, especially the Department of Corrections, have progressively focused policies and programmes towards the perceived Māori cultural related needs of Māori offenders and prisoners. This focus is undertaken not only to reduce rates of recidivism but also to provide culturally relevant environments for Māori prisoners and increased opportunities for successful rehabilitation.   The result is that New Zealand’s prison system now contains a number of unique strategies such as the Māori Therapeutic Programme, the New Life Akoranga Programme and Māori Focus Units. Despite these developments, there remains a dearth of clearly articulated descriptions of how, why or even if Māori cultural identity has a positive effect on reducing Māori offending and imprisonment. This thesis is designed to address this gap in the research.   The thesis pursues a kaupapa Māori methodology, using in-depth interviews with key Māori associated with the development of the theory, policy and practice of Māori cultural identity in the criminal justice system. This focus provides an opportunity for those Māori whose careers or, in some cases, life works have been dedicated to the development and implementation of cultural responses to crime to speak for themselves. This approach allows a full exploration of the underlying rationale and meaning of the Māori cultural identity policies and resultant programmes sprinkled throughout New Zealand’s system.  The thesis develops two key arguments. Firstly, despite strongly held criminal justice beliefs about the potential validity of Māori cultural identity in relation to reducing Māori offending and imprisonment, the broader context regarding the status of Māori as the most marginalised population in New Zealand is largely ignored. Rather than accepting that Māori offending is likely to be ignited by a broad array of socio-economic factors which are the result of generations of colonising Pākehā practices, the Correctional response has been to individualise Māori offending by focusing on the degree of Māori cultural identity inherent in specific Māori offenders. Secondly, that the authenticity of Māori cultural identity policies and programmes designed and delivered by Corrections is questionable. While the Department argues that Māori cultural identity nestles comfortably within western-based therapeutic programmes, professional Māori disagree. In their view, the Māori cultural identity programmes delivered in New Zealand’s prisons do not resemble Māori culture at all. Given these two arguments, the thesis questions whether the criminal justice use of Māori cultural identity is more a measure of official attempts to meet ‘Treaty’ obligations rather than a genuine effort to reduce Māori offending and imprisonment.</p>


2020 ◽  
Vol 9 (1) ◽  
pp. 86-94 ◽  
Author(s):  
Cassia Spohn

One of the goals of the United Nations Commission on the Status of Women is to end violence against women and girls in all countries. An important component of this goal is ensuring that all crimes of violence against women and girls are taken seriously by the criminal justice system and that police, prosecutors, judges and jurors respond appropriately. However, research detailing how cases of sexual assault proceed in the criminal justice system reveals that this goal remains elusive, both in the United States and elsewhere. The rape reform movement ushered in changes to traditional rape law that were designed to encourage victims to report to the police and to remove barriers to arrest and successful prosecution. However, four decades after this reform, victims are still reluctant to report sexual assaults to the police, and arrest, prosecution and conviction rates for sexual assault cases are shockingly low. Reversing these trends will require policy changes that are designed to counteract the stereotypes and myths underpinning sexual assault and sexual assault victims.


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