Book Review: Reluctant Witness. Sarah Spencer and Beatrice Stern. Institute for Public Policy Research; London, England. 2001. 65pp. ISBN 1 86030 148 7. £5.00; Them and Us? The Public, Offenders and the Criminal Justice System. Clare Sparks and Sarah Spencer. Institute for Public Policy Research; London, England. 2002. 66pp. ISBN 1 86030 1711. £8.95

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.

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Efficiency and effectiveness of the penitentiary system: assessment and planning

10.12737/1079434 ◽

2021 ◽

Author(s):

Valeriy Terehin ◽

Viktor Chernyshov

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Economic Losses ◽

Educational Institutions ◽

Penal System ◽

Law Enforcement Agencies ◽

Predictive Values ◽

The Public ◽

Efficiency And Effectiveness

The issues of setting goals, planning and forming a system of indicators of the effectiveness and efficiency of the penal system are considered. The criteria for determining the goals-tasks that are adequate to the public goals of the system are justified. Quantitative indicators corresponding to the criteria were developed, based on the contribution of the criminal justice System to reducing the socio-economic losses of society from recidivism. The contribution of the system is determined by changes in the criminal potential of convicted persons during the period of serving a sentence under a court sentence. Criminal potentials are estimated by predictive values of the aggregate of three groups of characteristics of the criminal potential of convicts, determined by the stages of the cycle of recidivism. The practical results of the use of sound methods and developed tools are based on the use of a significant amount of empirical data on the institutions of the criminal justice system and its systematic expert and statistical analysis. The monograph is a generalization and development of the works carried out by the authors during 2012-2017 in the process of preparing masters of Management for the penal system. It is intended for managers and specialists of the bodies and institutions of the Criminal Justice System, researchers, teachers of higher educational institutions who train specialists for law enforcement agencies.

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Non-criminal dispute resolution in South Africa’s criminal justice system: Proposals for reform

South African Journal of Criminal Justice ◽

10.47348/sacj/v33/i3a7 ◽

2020 ◽

Vol 33 (3) ◽

pp. 646-669

Author(s):

Navilla Somaru ◽

Christa Rautenbach

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Dispute Resolution ◽

Justice System ◽

Public Domain ◽

The Public ◽

As If

The National Prosecuting Authority has issued a comprehensive document containing policy directives that are available only to prosecutors. This document makes provision for non-criminal dispute resolution mechanisms in the form of diversions and informal mediations where the offender is an adult. It seems as if a large number of less severe cases are disposed of in this way every year. The directives are not in the public domain, and their scope and application are shrouded in a cloud of secrecy. This contribution analyses the alternative dispute mechanisms of diversion and informal mediation available to prosecutors, which are referred to as non-criminal dispute resolution mechanisms, with the aim to propose ways to effect reform in this area.

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“Visible” and “Invisible” Victims in the Criminal Justice System

Invisible Victims and the Pursuit of Justice ◽

10.4018/978-1-7998-7348-8.ch001 ◽

2021 ◽

pp. 1-23

Author(s):

Armando Saponaro

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

Common Law ◽

The United States ◽

Public Prosecutor ◽

Law System ◽

The Public ◽

The United Kingdom ◽

Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

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Beyond Recidivism

Beyond Recidivism ◽

10.18574/nyu/9781479862726.003.0002 ◽

2020 ◽

pp. 13-38

Author(s):

Elsa Y. Chen ◽

Sophie E. Meyer

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Data Sharing ◽

Justice System ◽

Political Will ◽

The Public ◽

Technological Limitations ◽

Privacy And Confidentiality ◽

Different Levels ◽

Integrate Data

This chapter highlights a number of flaws with current practices in the measurement of recidivism and offers suggestions for improvements in the measurement, collection, and sharing of data related to the experiences of individuals returning to society from incarceration. Problems with current measures of recidivism include lack of precision, lack of standardization, and possible bias. Multiple, precise, and uniformly defined measures should be used. Measures that focus on reengagement with the criminal justice system are insufficient to gauge a reentering individual’s progress, which is likely to be incremental, will probably involve setbacks, and inevitably spans numerous policy areas. Instead of primarily emphasizing reentering individuals’ risks of recidivating, more attention should be paid to their needs, and to information about access to reentry resources to address those needs. Data sharing between different levels of government and policy domains, between custody and community, and across the public and nonprofit sectors can improve the delivery of resources and services, reducing waste and improving lives. Concerns about privacy and confidentiality, technological limitations, insufficient funding and capacity, and lack of motivation currently impede efforts to share and integrate data. With political will, support, and resources, obstacles to data sharing can be overcome.

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