The Criminal Justice Response to Policy Interventions: Evidence from Immigration Reform

2015 ◽  
Vol 105 (5) ◽  
pp. 214-219 ◽  
Author(s):  
Sarah Bohn ◽  
Matthew Freedman ◽  
Emily Owens
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
San Antonio ◽  
Criminal Activity ◽  
Policy Intervention ◽  
Immigration Reform ◽  
Policy Interventions ◽  
And Control ◽  
Criminal Justice Response

Changes in the treatment of individuals by the criminal justice system following a policy intervention may bias estimates of the effects of the intervention on underlying criminal activity. We explore the importance of such changes in the context of the Immigration Reform and Control Act of 1986 (IRCA). Using administrative data from San Antonio, Texas, we examine variation across neighborhoods and ethnicities in police arrests and in the rate at which those arrests are prosecuted. We find that changes in police behavior around IRCA confound estimates of the effects of the policy and its restrictions on employment on criminal activity.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

Society, madness, and control

2017 ◽  
Author(s):  
Nikolas Rose
Keyword(s):  
Nineteenth Century ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Ways Of Thinking ◽  
And Control

What role does psychiatry play in contemporary strategies of control? How do psychiatrists and their institutions operate within all those ways of thinking and acting that aim to eliminate, minimize, or manage conduct that authorities consider undesirable? Since the middle of the nineteenth century, two great assemblages for the control of pathological conduct have taken shape in Western societies—the criminal justice system and the psychiatric system. This chapter will explore how these assemblages interact and how those who some now term forensic psychiatrists have claimed, or been given, the task of managing a multiplicity of points of tension, friction, and conflict within this dual logic of control. In doing so, the chapter considers the rise of risk thinking in psychiatry and some social, political, and ethical consequences.

scholarly journals They’re talking about penal abolition: The urgency of re-imagining different paths as alternatives to the criminal justice system

2021 ◽  
Vol 12 (1) ◽  
pp. 444-471
Author(s):  
Jehanne Hulsman ◽  
Diogo Justino
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Security ◽  
Political Situation ◽  
The Moment ◽  
And Control

Abstract This article affirms the centrality of the themes of public security and penal populism for the understanding of the current political situation. From this premise, we will demonstrate how these themes dealt with by antagonistic sectors of society. Then, based on the criticism of the prison and control, it will be possible to offer keys for understanding the moment in which we live and responses that oppose punitivism.

scholarly journals A Body Speaks: State, Media, and Public Responses to Femicide in Guatemala

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 73
Author(s):  
Erin Beck ◽  
Amir Mohamed
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Attention ◽  
High Profile ◽  
Women And Girls ◽  
Gender Based ◽  
New Institutions ◽  
Forms Of Violence ◽  
Criminal Justice Response

In 2008, Guatemala passed the Law against Femicide and Other Forms of Violence against Women, establishing the gender-based killing of women (femicide) as a unique crime. Since then, over 9000 Guatemalan women and girls have died violent deaths. How do Guatemalan institutions and publics react to these women’s murders, and what do these reactions reveal about the impacts of legislative reform for individual victims, Guatemalan society, and criminal justice institutions? To answer these questions, we analyze state, media, and public reactions to three high-profile femicides that took place after the 2008 VAW Law. We trace the criminal justice response and legal developments following each femicide, and couple this with an analysis of newspaper coverage and social media commentary about the case. We find that despite the passage of new legislation and the creation of new institutions, various weaknesses in the Guatemalan criminal justice system undermine the impacts of reforms. These weaknesses in the criminal justice system produce three types of injuries: (1) individual injuries by hurting victims and their families; (2) public injuries by diverting public attention away from reflections about social norms and VAWG; and (3) institutional injuries by reinforcing the public’s distrust of the criminal justice system.

The Paradox of Law Enforcement in Immigrant Communities

2012 ◽  
Vol 641 (1) ◽  
pp. 79-98 ◽  
Author(s):  
David S. Kirk ◽  
Andrew V. Papachristos ◽  
Jeffrey Fagan ◽  
Tom R. Tyler
Keyword(s):  
New York ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Behavior ◽  
Justice System ◽  
The United States ◽  
Immigrant Communities ◽  
Immigration Reform ◽  
Using Data ◽  
Willingness To Cooperate

Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the United States and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities—even law-abiding, cooperative individuals—from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that laws are enforced fairly. In contrast, research reveals that cynicism of the police and the legal system undermines individuals’ willingness to cooperate with the police and engage in the collective actions necessary to socially control crime. By implication, recent trends toward strict local enforcement of immigration laws may actually undercut public safety by creating a cynicism of the law in immigrant communities. Using data from a 2002 survey of New York City residents, this study explores the implications of perceived injustices perpetrated by the criminal justice system for resident willingness to cooperate with the police in immigrant communities.

scholarly journals ‘A really hostile environment’: Adiaphorization, global policing and the crimmigration control system

2018 ◽  
Vol 24 (2) ◽  
pp. 163-183 ◽  
Author(s):  
Ben Bowling ◽  
Sophie Westenra
Keyword(s):  
Control System ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Hostile Environment ◽  
Institutional Practices ◽  
The Creation ◽  
The Uk ◽  
And Control ◽  
Global Systems

This article examines institutional practices designed to control criminalized migrants in the UK and advances three arguments. First, these practices have evolved, since the early 1970s, into a bespoke ‘crimmigration control system’ distinct from the domestic criminal justice system. Second, this system is directed exclusively at efficient exclusion and control; through a process of adiaphorization, moral objections to the creation of a ‘really hostile environment’ have been disabled. Third, the pursuit of the criminalized immigrant—a globally recognized ‘folk devil’—provides a vital link between domestic and global systems of policing, punishment and exclusion. The UK crimmigration control system is an example of wider processes that are taking place in institutions concerned with the control of suspect populations across the globe.

Experimental Design in the Study of Crime Media and Popular Culture

2016 ◽  
Author(s):  
Cara Rabe-Hemp ◽  
John C. Navarro
Keyword(s):  
Popular Culture ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Epistemological Foundation ◽  
Socially Constructed ◽  
Major Disadvantage ◽  
Wide Range ◽  
Mediated Images ◽  
And Control

In the study of crime media and popular culture, researchers have a wide range of research methodologies at their disposal. Each methodology or standardized practice for producing knowledge involves an epistemological foundation and rules of evidence for making a claim, as well as a set of practices for generating evidence of the claim. The research methodology chosen is contingent upon the question being studied, as each methodology has strengths and weaknesses. As the most stringent research design, experiments are unique because they are the only methodology able to establish causality. This is because experimental design’s major advantage is that researchers can control the environment, conditions, and variables that are being studied. However, experiments suffer from a major disadvantage as well: the precision and control utilized in experiments make it difficult to apply the findings to the real world, referred to as generalizability. This is especially poignant in crime media and popular culture studies where researchers are often interested in exploring how the criminal justice system, participants, and processes are socially constructed and how the mediated images impact our conceptualization of criminality and appropriate criminal justice system responses.

Coercive control: To criminalize or not to criminalize?

2017 ◽  
Vol 18 (1) ◽  
pp. 50-66 ◽  
Author(s):  
Julia R Tolmie
Keyword(s):  
Intimate Partner Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Partner Violence ◽  
Justice System ◽  
Intimate Relationship ◽  
Intimate Partner ◽  
Successful Implementation ◽  
Controlling Behaviour ◽  
Criminal Justice Response

Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that the criminal justice system is not currently equipped to provide and will require significant reforms in practice and thinking. If it is not successful such an offence could conceivably operate to minimize the criminal justice response to intimate partner violence and be used to charge primary victims.

Yes, has no meaning if you can’t say no: consent and crime in the chemsex context

2019 ◽  
Vol 19 (1) ◽  
pp. 23-28 ◽  
Author(s):  
Stephen Morris
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Personal Perspective ◽  
Sexual Offences ◽  
Research Project ◽  
Content Type ◽  
Criminal Justice Response ◽  
Personal Viewpoint

Purpose The title of this paper is a statement made by a man at the end of his treatment following conviction for several sexual offences. It is powerful in conveying a simple and accurate meaning of consent. Legally, consent is not complicated and can be simply defined as: permission for something to happen or agreement to do something. The context of consent, however, is complicated and complex none more so than when it becomes an issue within chemsex. If we are to gain a full appreciation of consent-related complexity, we must also gain an understanding of the wider picture concerning chemsex and crime. The purpose of this paper is to provide that wider picture. With the exception of breaching of drug-related law, not all men who engage in chemsex are committing offences but, as we are discovering, a not insignificant percentage are and this needs to be cause for concern. Design/methodology/approach This study is a review and a personal perspective of the development of a criminal justice response to crime within the chemsex context. Findings This was a personal viewpoint, not a research project; therefore, there were no definitive findings. Originality/value This paper addresses lack of awareness within the criminal justice system in relation to chemsex, and the associated vulnerabilities. This work is original because there is a shortage of published work on the rise in chemsex-related crimes.

scholarly journals The Evidentiary Rules of Engagement in the War against Domestic Violence

2017 ◽  
Author(s):  
Erin R. Collins
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Cases ◽  
Mandatory Arrest ◽  
Front End ◽  
The People ◽  
Evidence Rules ◽  
Criminal Justice Response

Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.This Article reveals that this presumption is false. It demonstrates that many jurisdictions have adopted specialized evidence rules that authorize admission of highly persuasive evidence of guilt in domestic violence prosecutions that would be inadmissible in other criminal cases. These jurisdictions unmoor evidence rules from their justificatory principles to accommodate the same iteration of domestic violence exceptionalism that underlies specialized front-end criminal justice policies. The Article argues that even though such evidentiary manipulation may be effective in securing convictions, enlisting different evidence rules in our war on domestic violence is unfair to defendants charged with such offenses and undermines the integrity of the criminal justice system. It also harms some of the people the system seeks to protect by both reducing the efficacy of the criminal justice intervention and discrediting those complainants who do not support prosecution.

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