Criminal justice in the middlebrow imagination: The punitive dimensions of Making a Murderer

2019 ◽  
Vol 16 (1) ◽  
pp. 81-96 ◽  
Author(s):  
Daniel LaChance ◽  
Paul Kaplan

Popular documentary representations of crime and punishment have traditionally tended to fall into two camps: programs that are critical of law enforcement agencies and those that are sympathetic to them. In this article, we show how programs that present themselves as critical of legal authorities can nonetheless reinforce the “law and order punitivism” that underlay the ratcheting up of harsh punishment in the late 20th century. In a case study of the popular documentary miniseries Making a Murderer, we show how this can happen when texts fetishize the question of a criminal defendant’s innocence, adopt a “good versus evil” approach to players in the criminal justice system, and perpetuate a procedural rather than substantive vision of justice. Arguments are supported by a close reading of Making a Murderer and illustrated by a line of discussion it inspired in an internet forum.

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.


Author(s):  
Jordan C. Pickering

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.


2021 ◽  
pp. 104398622199988
Author(s):  
Rachel E. Lovell ◽  
Rachel Dissell

We present a case study of a researcher–reporter collaboration that formed from an initiative to address thousands of previously untested rape kits in one Midwestern (U.S.) jurisdiction. We explore this symbiotic partnership by examining (a) how and why it formed; (b) the outcomes, including extensive and public dissemination and a unique project that surveyed 294 Ohio law enforcement agencies to see what happened after the rape kits were tested (Ohio Rape Kit Survey Project); and (c) the impact that the partnership, dissemination, and larger initiative had in sparking demonstrable change in how the justice system and the general public responded to and engaged with the issue of untested rape kits and with victims of sexual assault. We conclude with larger takeaways from this collaboration for researchers and reporters but also provide a framework for how this type of collaboration can be leveraged to produce change for the greater good.


2019 ◽  
Vol 06 (01) ◽  
pp. 50-68
Author(s):  
Wanodyo Sulistyani

Lack of attention to environmental crime victims under criminal justice system has led to the development of the study of environmental victimology. This study focuses to acknowledge victims’ losses as an impact of environmental crime and victimizationprocess. In the study of criminology, environmental crime is generated by environmental damaging activities, such as pollution, illegal hazardous substances dumping, land burning, illegal logging, etc. The damaging activities inflict harms not merely to the sustainability of the environment, but also to human and other creatures. Environment degradation has caused issues on health, economic, social, and cultural, as well as inequality. However, in some incidents, environmental crime is endorsed by state; the fact has created complexity in dealing with the crime. Furthermore, environmental crime is also related to other forms of crime, such as corruption and money laundering. Therefore, a multi-doors approach is established by involving several institutions to investigate the crimes. However, the approach does not sufficiently restore victims’ losses. The environmental victimology study is expected to enable criminal justice system to accommodate environmental crime victim’s interests for restitution or compensation. Therefore, this article overviews the widespread environmental crimes and the rise of attention to this issue. Consequently, it also describes the issue on criminal law enforcement to environmental crimes. Furthermore, it reviews environmental victimology study and the process of environmental victimization. Lastly, it analyzes the importance of environmental victimology study in arranging a policy on restoring the victims’ losses. The study employed normative legal research by applying statutory, comparative, and case study approaches.


2020 ◽  
Vol 2 (4) ◽  
pp. 609
Author(s):  
Lailatul Nur Hasanah ◽  
Sri Endah Wahyuningsih

This study aims to determine and analyze the application of the principle of simple justice Rapid Simple Fee in the criminal justice system in the State court of Pati. As well as to identify and explain the barriers and solutions simple application of the principle of justice Rapid Simple Fee in the judicial system in State court of Pati. And to identify and explain the contribution principle is simple justice Rapid Simple Fee in the criminal justice system to reform the criminal justice system in the future. This study uses empirical juridical approach to analysis of the application of the principle of judicial issues simple, quick and inexpensive in the criminal justice system in the State court of Pati. Specifications research is descriptive analysis. With data collection techniques are primary and secondary data and research literature, analyzed using qualitative. The problem is analyzed with the theory of law enforcement and progressive legal theory. The results of this study showed that every judge shall comply with the laws that have been set ie power Act No. 48 of 2009 and Act No. 8 of 1981. Constraints in principle to simple justice Rapid Simple Fee is the human resources of the apparatus law enforcement, lack law enforcement and courtroom facilities, absence of the parties or witnesses. The solution is to determine the court calendar, giving sanction to the litigants or witnesses who have been called State court of Pati. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform.Keywords: Principle of Simple Justice, Rapid Simple Fee In Criminal Justice System in Pati Court


2003 ◽  
Vol 5 (1) ◽  
pp. 50-62 ◽  
Author(s):  
Roger Billingsley

The use of informers by the police service in the UK has been the subject of recent research, even though the police service in this country has been protective towards this particular investigative method. It has been revealed from this research that there is a common assumption that the use of informers is quite unique among police relationships. This paper examines whether in fact the relationship between an informer and the police is really that unique, or whether it is the secrecy which surrounds it that provokes such an assumption. The paper relies heavily on a comparison with other relationships, starting with typical professional partnerships, then examining other police relationships. The factors which emerge from these relationships have been compared to police/informer relationships to determine how dissimilar they are. The paper suggests there are in fact many similarities between a police/ informer relationship and other professional partnerships, and concludes that it is probably the secrecy which the police have maintained that has created the assumption that the relationship is unique. It is suggested by the author that if the police/informer relationship became more transparent and accountable then this may lead to law enforcement agencies being less able to hide behind the veil of secrecy, which may help the concept of openness within the criminal justice system.


2020 ◽  
Vol 1 (3) ◽  
pp. 1-11
Author(s):  
Vani Kurnia ◽  
Sahuri Lasmadi ◽  
Elizabeth Siregar

ABSTRAK Artikel ini bertujuan untuk mengetahui dan menganalisis bagaimana tugas dan kewenangan jaksa sebagai penyidik dalam tindak pidana korupsi dan menganalisis bagaimana tugas dan kewenangan jaksa sebagai penyidik dalam Tindak Pidana Korupsi di masa yang akan datang. Metode Penelitian yang digunakan adalah yuridis normatif. Hasil dari penelitian ini adalah 1)Bahwa dari segi yuridis, jaksa memiliki wewenang dalam melakukan penyidikan tindak pidana korupsi, namun kewenangan masing-masing sub sistem dalam sistem peradilan pidana tindak pidana korupsi harus diperjelas karena sangat menentukan sekali agar kepastian hukum dan kesebandingan hukum dapat tercapai. 2)Bahwa kewenangan penyidikan tindak pidana korupsi yang dimiliki oleh jaksa saat ini berbenturan dengan sistem peradilan pidana yang berlaku di Indonesia. Jika kewenangan penyidikan oleh kejaksaan masih dipertahankan maka terkesan tidak adanya koordinasi antar lembaga penegak hukum karena hampir dalam setiap tahapan penegakan hukum tindak pidana korupsi yaitu tahap penyelidikan, penyidikan, penuntutan dan pelaksanaan putusan pengadilan atau eksekusi, dimiliki oleh lembaga kejaksaan. ABSTRACT This article aims to find out and analyze how the duties and powers of prosecutors as investigators in criminal acts of corruption and analyze the duties and powers of prosecutors as investigators in corruption in the future. The research method used is normative juridical. The results are 1) Whereas from a juridical perspective, the prosecutor has the authority to carry out investigations into criminal acts of corruption, however, the authority of each sub-system in the criminal justice system for corruption must be clarified because it is very decisive so that legal certainty and legal equivalence can be achieved. 2) Whereas the prosecutor's current authority to investigate criminal acts of corruption clashes with the criminal justice system in force in Indonesia. If the investigative authority is maintained by the prosecutor's office, it seems that there is no coordination between law enforcement agencies because almost every stage of law enforcement on corruption, namely the investigation, investigation, prosecution and implementation of court decisions or executions, is owned by the prosecutor's office.


Author(s):  
David Shepherd

Abstract Access to justice for fraud victims remains an enduring problem in the UK. Law enforcement agencies have limited capacity and capabilities for delivering criminal justice. Civil justice is so expensive that it is only an option for those with deep pockets or lucky enough to find competent professionals who are willing to work under a conditional fee arrangement (no-win-no-fee). This article describes the progress of a fraud case from a victim’s perspective through both the criminal and civil justice systems in the UK. The experiences describe incompetence in law enforcement, dishonesty and incompetence amongst lawyers and other professionals, and fractured, self-centred justice systems that poorly serve the public in England and Wales.


2016 ◽  
Vol 16 (6) ◽  
pp. 630-645 ◽  
Author(s):  
Shane Mac Giollabhuí ◽  
Benjamin Goold ◽  
Bethan Loftus

It has long been claimed that the police are the most visible symbol of the criminal justice system (Bittner, 1974). There is, however, a significant strand of policing – covert investigation that relies routinely on methods of deception – that resists public revelation (Ross, 2008). The growing importance of covert police investigation has profound implications for the relationship between citizen and the state in a democratic society, but it is relatively unexplored by police researchers. In this article, we describe the methodology of the first ethnographic study of how the introduction of the Regulation of Investigatory Powers Act (2000) – a piece of ‘enabling’ legislation that regulates the conditions under which law enforcement agencies can intervene in the privacy of individuals – has effected the conduct of covert police investigation in the United Kingdom. We describe our ethnographic experience in the ‘secret world’ of covert policing, which is familiar in many respects to ethnographers of uniformed officers, but which also differed significantly. We contend that the organizing principle of surveillance – the imperative to maintain the secrecy of an operation – had a marked impact on our ethnographic experience, which eroded significantly our status as non-participant observers and altered out reflexive experience by activating the ‘usefulness’ of our gender.


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