scholarly journals Creating and Maintaining Structural Hindrances to Criminal Justice Control – A Policy Analysis on the Normalisation of Parental Violence as a Crime in Finland

2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Interpersonal Violence ◽  
Legal Regulation ◽  
Division Of Labour ◽  
Legal Form ◽  
Parental Violence ◽  
Control Policies ◽  
And Control

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.

scholarly journals The Concept of Plea Bargaining Under the Czech Criminal Law and the Criminal Law of Other Countries Within the Region of Central Europe

2013 ◽  
Vol 13 (1) ◽  
pp. 7-22
Author(s):  
Filip Ščerba
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Plea Bargaining ◽  
Legal Regulation ◽  
Legal Order ◽  
Anglo Saxon ◽  
Criminal Proceedings ◽  
Basic Principles ◽  
Middle Europe ◽  
Different Characteristics

Abstract The article deals with the specific instrument used in criminal proceedings called as plea bargaining, or agreement upon the guilt and punishment (in the Czech legal regulation). This instrument is considered as one of the main measures used for acceleration of criminal proceedings and for criminal justice rationalization. Plea bargaining originally belongs to the system of criminal law in the countries belonging to the Anglo-Saxon legal order, but it has been implemented also into the legal orders of countries in Middle Europe region during last decade. Such implementation in connected with some important problems related to the different characteristics of criminal proceedings. The article solves some of these problems, primarily the collision with the basic principles of continental system of criminal law.

Experimentation and Challenge

2007 ◽  
pp. 161-175
Author(s):  
Raffaella Sette
Keyword(s):  
Criminal Law ◽  
Control Strategies ◽  
Knowing That ◽  
Difficult Time ◽  
On Line ◽  
University Course ◽  
And Control ◽  
Real Challenge ◽  
Control Operators

The on-line course on criminological topics carried out in an undergraduate course for “Security and Social Control Operators” (Faculty of Political Science “Ruffilli”, University of Bologna) represented a real challenge for three different reasons: 1) it was inserted in the syllabus of a three year undergraduate course which was the first university course in Italy intended for the training of operators to carry out an activity which calls for being able to manage modern investigative, security and control strategies; 2) it dealt with the teaching of criminology and it is useful to emphasise that, in Italy, criminology has a difficult time freeing itself from similar disciplines (legal medicine, criminal law, sociology, psychology), even while knowing that it has to maintain a good relationship with them; and 3) it dealt with one of the first on-line courses activated at the Faculty “Ruffilli”. The case study describes and critically analyses the implementation of the online criminology course.

Captive Habits of Criminalization

2018 ◽  
Vol 21 (4) ◽  
pp. 492-513
Author(s):  
George Pavlich
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Criminal Law ◽  
Regulatory Focus ◽  
Collective Effects ◽  
The Social ◽  
Effective Discipline ◽  
And Control ◽  
The 19Th Century ◽  
Energetic Systems

The 19th century proved to be an important moment for a discursive capture through which—as Foucault (1995) has famously described—diverse disciplinary powers expanded omnisciently to form modern, “carceral” societies. Included here was a regulatory focus on crime, capturing (identifying) criminals, and correcting them. The following paper examines specifically how Patrick Colquhoun approached such regulation by emphasizing “immoral habits” as a cause of crime that could be regulated, in concert, by civil society and criminal law. He called for the development of effective discipline-based policing to capture and control criminals in civil society, and to enable their subsequent arrogation by criminal law. Alongside Bentham’s panoptic surveillance, Colquhoun’s views on criminal habits called for expanding disciplined criminalization that tied social and legal governance. Two aspects of Colquhoun’s influential ideas are highlighted; namely, the social formation of immoral habits as the cause of crime, and the need for “energetic” systems of policing to embrace habits of criminalization. Together, these approaches to habit fostered massive, costly, and unequal criminal justice institutions that today form tenacious, marginalizing, and unequal relations of captivity. The scope of such enduring captivities might be curtailed by recalling their contingent emergence through historically distant trends, and by questioning their costly collective effects.

scholarly journals Personality Record and Its Role in Procedure (Case Study: Article 203 of Criminal Procedure Law)

2017 ◽  
Vol 10 (5) ◽  
pp. 1
Author(s):  
Parastoo Fereydooni ◽  
Ahmad Ramezani
Keyword(s):  
Criminal Justice ◽  
Social Behavior ◽  
Social Studies ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Deviation Rate ◽  
Criminal Procedure Law ◽  
The Stability

Stability of delinquency phenomenon refers to the continuance of an anti-social behavior. The recognition criteria of this phenomenon can be analyzed based on the dominant social frameworks. Analyzing the personality of delinquents and adapting it to specific techniques of delinquency prevention also promoting the compatibility of delinquents with the environment is a process that requires biopsychosocial studies. Personality record consists of the results of psychological, medical, and social studies and experiments regarding the personality of defendants and delinquents. Personality record plays an important role in criminal justice management. The criminal procedure law has been presented in Articles 203 and 286 of the criminal law of Iran. Personality record is one of the achievements of clinical criminology. Criminal criminology analyzes the corrigibility of delinquents using other related sciences. It also identifies the deviation rate and possible dangers of dangerous individuals. Then it becomes possible to take measures to treat the particular disorders of delinquents. Considering these matters, the recent research aims at answering the question regarding the effect of young individuals’ personality on the stability of delinquency. The main objective of this research is analyzing the role of personality record and techniques of preventing stability of delinquency among young individuals. The results of the recent research indicate that criminal procedure law has emphasized on the role of personality record in identifying penalties. However, according to the criminal procedure law, the process of analyzing the personality of delinquents has been limited to preliminary investigations.

scholarly journals Governing Sex Work Through Crime

2017 ◽  
Vol 81 (3) ◽  
pp. 201-216 ◽  
Author(s):  
Laura Graham
Keyword(s):  
Criminal Justice ◽  
Sex Work ◽  
Criminal Law ◽  
Sex Workers ◽  
The State ◽  
Border Control ◽  
England And Wales ◽  
And Control

This article uses Jonathan Simon’s concept of ‘governing through crime’ as a framework to argue that the state has framed sex work, and its surrounding problems, as issues of crime. There has been a privileging and proliferation of criminal justice responses to sex work in England and Wales, at the expense of more social or welfare-based responses and at the expense of creating safer environments for sex workers to work. Criminal law is used to manage and control sex work, to reinforce other policies, such as immigration and border control, and to appear to be doing something about the ‘problem’ of sex work without providing rights to sex workers. By framing sex work as an issue of crime, with sex workers being both the perpetrators of crime and the potential victims of exploitative crime, the state is able to legitimise its actions against sex workers, while ignoring the harm done to sex workers by the state.

Environmental Protection Through the Instruments of Criminal Law

2019 ◽  
Vol 10 (2) ◽  
pp. 187-196
Author(s):  
Jozef Čentéš
Keyword(s):  
Criminal Justice ◽  
Environmental Protection ◽  
Detailed Analysis ◽  
Environmental Quality ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Framework ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Ideal

Environmental protection represents a complex and one of the most discussed issues, currently under consideration within the legal framework. The author in this article focuses on the environmental protection via the instruments of substantive criminal law in the Slovak Republic and thus represents a detailed analysis of the current legal regulation contained in the Criminal Code, which concentrates these instruments into 13 criminal merits analysed in part II of the presented article. These instruments can be considered effective with regard to preserving as well as improving the environmental quality — through the punishment of perpetrators of the most serious acts breaching the rules of environmental protection, by which the ideal of criminal justice is achieved (or can be achieved).

“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.

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