The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

scholarly journals POSSIBLE SENSITIVE VICTIMS - WITNESSES

2019 ◽  
Vol 30 (6) ◽  
pp. 1517-1524
Author(s):  
Azra Adžajlić-Dedović ◽  
Haris Halilović ◽  
Samir Rizvo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Justice Systems ◽  
Care And Support ◽  
Adequate Care ◽  
Justice Systems

Victims and witnesses may be reluctant to give information and evidence because of perceived or actual intimidation or threats against themselves or members of their family. This concern may be exacerbated where people who come into contact with the criminal justice system are particularly vulnerable. For instance, by virtue of their age and developing levels of maturity, children require that special measures be taken to ensure that they are appropriately assisted and protected by criminal justice processes.Victims who receive appropriate and adequate care and support are more likely to cooperate with the criminal justice system in bringing perpetrators of crime to justice. However, inadequacies of criminal justice systems may mean that victims are not able to access the services they need and may even be re-victimized by the criminal justice system itself.

Using Varieties of Simulation Modeling for Criminal Justice System Analysis

2011 ◽  
pp. 372-411 ◽  
Author(s):  
Azahed Alimadad ◽  
Peter Borwein ◽  
Patricia Brantingham ◽  
Paul Brantingham ◽  
Vahid Dabbaghian-Abdoly ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Process Modeling ◽  
Justice System ◽  
System Analysis ◽  
Discrete Event ◽  
Event Simulation ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Policy Proposals

Criminal justice systems are complex. They are composed of several major subsystems, including the police, courts, and corrections, which are in turn composed of many minor subsystems. Predicting the response of a criminal justice system to change is often difficult. Mathematical modeling and computer simulation can serve as powerful tools for understanding and anticipating the behavior of a criminal justice system when something does change. The focus of this chapter is on three different approaches to modeling and simulating criminal justice systems: process modeling, discrete event simulation, and system dynamics. Recent advances in these modeling techniques combined with recent large increases in computing power make it an ideal time to explore their application to criminal justice systems. This chapter reviews these three approaches to modeling and simulation and presents examples of their application to the British Columbia criminal justice system in order to highlight their usefulness in exploring different types of “what-if” scenarios and policy proposals.

How the Criminal Justice System Educates Citizens

2013 ◽  
Vol 651 (1) ◽  
pp. 159-177 ◽  
Author(s):  
Benjamin Justice ◽  
Tracey L. Meares
Keyword(s):  
Public Schools ◽  
Public School ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Civic Education ◽  
Justice System ◽  
School Systems ◽  
Public School Systems ◽  
Criminal Justice Systems ◽  
Justice Systems

There are at least two central pathways through which the modern democratic state interacts with citizens: public school systems and criminal justice systems. Rarely are criminal justice systems thought to serve the educational function that public school systems are specifically designed to provide. Yet for an increasing number of Americans, the criminal justice system plays a powerful and pervasive role in providing a civic education, in anticitizenry, that is the reverse of the education that public schools are supposed to offer. We deploy curriculum theory to analyze three primary processes of the criminal justice system—jury service, incarceration, and policing—and demonstrate the operation of two parallel curricula within them: a symbolic, overt curriculum rooted in positive civic conceptions of fairness and democracy; and a hidden curriculum, rooted in empty or negative conceptions of certain citizens and their relationship to the state.

scholarly journals People in Contact with Criminal Justice Systems Participating in Service Redesign: Vulnerable Citizens or Democratic Partners?

2021 ◽  
pp. 297-321
Author(s):  
Jonathan Parker ◽  
Vanessa Heaslip ◽  
Sara Ashencaen Crabtree ◽  
Berit Johnsen ◽  
Sarah Hean
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Critical Ethnography ◽  
Service Development ◽  
Criminal Justice Systems ◽  
Transformative Development ◽  
Conceptual Consideration ◽  
Service Redesign ◽  
Justice Systems

AbstractThis chapter presents a conceptual consideration of the centrality of ‘voice’ in the Criminal Justice System (CJS), particularly in respect of service development. The hidden perspectives of those who are ‘subject to’, working with or working in the CJS represent important aspects to consider when seeking to change, develop or evaluate services. After emphasising the turn to including the voices of those often excluded from participation we explore aspects of the contested concept of ‘vulnerability’ as a label often applied to those working with CJS. We widen this to consider the vulnerabilities by association that professional take on as popular discourses permeate perceptions of CJS cultures. Subsequently, we examine some of the ways in which the inclusion of hidden and potentially vulnerable voices of those citizens involved with CJS can assist the transformative development of services by irritating the normative perspectives. We advocate an approach based around critical ethnography as a means of sitting with and walking besides people intimately involved in CJS.

scholarly journals Giving Victims a Voice: On the Problems of Introducing Victim Impact Statements in German Criminal Procedure

2013 ◽  
Vol 14 (9) ◽  
pp. 1889-1908 ◽  
Author(s):  
Kerstin Braun
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Criminal Justice Systems ◽  
Victim Impact Statements ◽  
Justice Systems ◽  
Key Participants

Historically, victims of crimes were key participants in the prosecution of crimes around the globe. Over the centuries, however, as public police and prosecution service took over the prosecution of criminal acts, the importance of victims in criminal justice systems decreased in common law and civil law countries alike. The victim was sidelined and the victim's role was reduced to that of a witness for the prosecution. As one of the first scholars to comment on the absence of victims from the criminal justice system, William Frank McDonald referred to the victim as “the forgotten man” in criminal procedure.

scholarly journals The neglected needs of care leavers in the criminal justice system: Practitioners’ perspectives and the persistence of problem (corporate) parenting

2016 ◽  
Vol 17 (2) ◽  
pp. 175-191 ◽  
Author(s):  
Claire Fitzpatrick ◽  
Patrick Williams
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy And Practice ◽  
Institutional Barriers ◽  
Criminal Justice Systems ◽  
Care Leavers ◽  
Justice Systems ◽  
Corporate Parenting

The link between experiences of care and criminal justice systems is well documented, yet curiously neglected in policy and practice. While the over-representation of care leavers in the justice system is often taken as given, there has been negligible change in policy and practice that appropriately responds to the needs of these individuals. Drawing on interviews with practitioners, this article highlights a series of organizational and institutional barriers to implementing a unique intervention. More broadly, such barriers contribute to the persistence of care(less) practice, facilitating the neglect of care leavers’ needs to a system dominated by risk. It is argued that the continued inertia within this area can only be construed as practice negligence and an affront to justice.

scholarly journals Formalism versus pragmatism – A comparative legal and empirical analysis of the German and Dutch criminal justice systems with regard to effectiveness and efficiency

2021 ◽  
pp. 1023263X2110059
Author(s):  
Robin Hofmann
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Justice System ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Criminal Justice Systems ◽  
Effectiveness And Efficiency ◽  
Justice Systems

The German and the Dutch criminal justice systems not only share a common legal history but also follow the inquisitorial tradition with the prosecution playing a strong role. Despite these commonalities, there are a number of remarkable differences between the two jurisdictions, particularly with a view to procedural law and legal practices. While the German criminal law is known for being formal and rather doctrinal, the Dutch system is strongly driven by pragmatism and efficiency. This efficiency has become an important factor for the progressing Europeanization of criminal law and increasingly influences German criminal procedural law. This article compares selected aspects of the Dutch and German criminal justice systems. While previous legal comparative studies of the two neighbouring countries have focused on substantive criminal law, this paper will mainly deal with procedural criminal law and prosecutorial practices. The emphasis will be on criminal justice effectiveness and efficiency. Some of the questions addressed are: what constitutes an efficient criminal justice system? How is efficiency defined and implemented in legal practice? A variety of indicators for criminal justice efficiency are proposed and applied to criminal proceedings, prosecutorial practices and the sentencing systems in both countries.

scholarly journals Co-option, Coercion and Compromise: Challenges of Restorative Justice in Victoria, Australia

2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
William R Wood
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Youth Justice ◽  
Significant Growth ◽  
Criminal Justice Systems ◽  
Victim Participation ◽  
Justice Systems

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we concludewith a discussion of implications for the use of RJ within a highly institutionalized setting.

Justice and the Vulnerable: Developments from the Eighth Forum on Minority Issues Regarding Criminal Justice Systems

2017 ◽  
Vol 14 (1) ◽  
pp. 67-89
Author(s):  
András L. Pap ◽  
Jacob Verhagen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Global Scale ◽  
Criminal Justice Systems ◽  
Areas Of Concern ◽  
Justice Systems ◽  
Historical Issues ◽  
The Relationship ◽  
Opening Statements

The Eighth forum on minority protection chose to focus on the treatment of minorities within the criminal justice system. During this forum, many issues were discussed, and solutions proposed. These included both long-standing historical issues, as well as contemporary areas of concern on a global scale. First, this paper will examine the background to the forum, its intents and purposes. Secondly, it will draw on the context according to which the topic of the eighth forum was chosen. Thirdly, the paper will take a look at notable contributions in the opening statements and each working group. At the end of the paper, we will examine recurring themes and proposed solutions throughout the forum. The intention of the paper is not to be analytical, but rather to highlight the main focuses of the forum and points of interest. As the event was a global forum, the contributions were on a global scale. Since the issues discussed are often universal and are often found at varying levels across national justice systems, it has import for European legal scholars and offers practical lessons for better understanding the relationship between minorities and the criminal justice system.

scholarly journals Penal nationalism in the settler colony: On the construction and maintenance of ‘national whiteness’ in settler Canada

2021 ◽  
pp. 146247452110234
Author(s):  
Jessica Evans
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Racial Violence ◽  
Racial Justice ◽  
Colonial State ◽  
Critical Awareness ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Mass Protest

The summer of 2020 was one of unprecedented mass protest and a growing critical awareness around the racist operation of criminal justice systems in North America. Consequently, criminal justice systems have been placed squarely at the forefront of struggles for racial equality and social change. While activists, critical researchers, and legal experts have argued racial justice requires a diversion of communities and resources away from criminal justice systems, the focus in mainstream policy, media, and academic circles has been on reform. In Canada, a focus on reformist responses to this racial violence has been justified through a distorted view of Canada’s criminal justice system. Drawing on the concept of penal nationalism, I argue that Canadian carceral practices must be understood as constitutive of the settler-colonial state and its ideological, material and institutional mooring in racial whiteness as the locus of settler power and sovereignty. To this end, it is not enough to reform specific penal practices, while leaving intact the legitimacy of the criminal justice system in general. What is at stake is the very definition and protection of a national identity, which in the settler colony is predicated on colonial whiteness, Indigenous erasure, and racialized exploitation.

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