scholarly journals Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China

Amicus Curiae ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 261-267
Author(s):  
Yu Mou
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Process ◽  
Wrongful Convictions ◽  
Republic Of China ◽  
High Profile ◽  
The Media ◽  
Opening Up ◽  
Chinese Criminal Justice

Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms. Keywords: miscarriages of justice; China; criminal justice; case construction.

The Color of Victimology

2019 ◽  
pp. 529-537
Author(s):  
Kyrie Hernandezpeterson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victimization ◽  
Assistance Programs ◽  
High Profile ◽  
Victim Assistance ◽  
The Media ◽  
To Receive ◽  
Emotional Effects

Victims are the center of the criminal justice system. However, negative treatment by any service provider discourages individuals from taking advantage of the services being offered to victims through various organizations in their respective communities. The study of victims (victimology) is informative on the physical, psychological, and emotional effects crimes have on victims. Victim assistance programs and resources have substantially grown over the years in an effort to improve protection to all and assist in pursuing proper justice for victims and those suffering from victimization. The National Crime Victimization Survey (NCVS) and Uniform Crime Report (UCR) are used to gather statistics to further victim research. High profile cases in the media have led to the criminal justice system being deemed biased. Statistics do not substantiate racial discrimination in victimology or in the criminal justice system. There are instances of discrimination in select cases, but as a whole, the criminal justice system should not be viewed as discriminative. The focus should be placed on refining victim assistance programs and being creative in providing the proper resources victims need to receive the justice they deserve and the care and help they need.

The Color of Victimology

2016 ◽  
pp. 101-112
Author(s):  
Kyrie Hernandezpeterson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victimization ◽  
Assistance Programs ◽  
High Profile ◽  
Victim Assistance ◽  
The Media ◽  
To Receive ◽  
Emotional Effects

Victims are the center of the criminal justice system. However, negative treatment by any service provider discourages individuals from taking advantage of the services being offered to victims through various organizations in their respective communities. The study of victims (victimology) is informative on the physical, psychological, and emotional effects crimes have on victims. Victim assistance programs and resources have substantially grown over the years in an effort to improve protection to all and assist in pursuing proper justice for victims and those suffering from victimization. The National Crime Victimization Survey (NCVS) and Uniform Crime Report (UCR) are used to gather statistics to further victim research. High profile cases in the media have led to the criminal justice system being deemed biased. Statistics do not substantiate racial discrimination in victimology or in the criminal justice system. There are instances of discrimination in select cases, but as a whole, the criminal justice system should not be viewed as discriminative. The focus should be placed on refining victim assistance programs and being creative in providing the proper resources victims need to receive the justice they deserve and the care and help they need.

scholarly journals The David Eastman case: The use of inquiries to investigate miscarriages of justice in Australia

2019 ◽  
Vol 45 (1) ◽  
pp. 60-65
Author(s):  
Jacqueline Fuller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Wrongful Conviction ◽  
Australian Capital Territory ◽  
Wrongful Convictions ◽  
Australian Capital ◽  
High Profile

The wrongful conviction of David Harold Eastman in the Australian Capital Territory represents one of Australia’s most recent and high-profile public failures of the criminal justice system and highlights the limits of the Australian legal system. Further, the Eastman case draws into question the use of inquiries into miscarriages of justice, particularly when an inquiry’s recommendations can be disregarded by governments (as it was in this instance). This article provides an overview of the Eastman case and critically evaluates how it sheds light on the use of inquiries as an avenue to investigate and correct wrongful convictions more broadly in Australia.

Race and the Criminal Process: Breaking the Mould to Ensure Accurate Ethnic Monitoring

2002 ◽  
Vol 66 (6) ◽  
pp. 541-552 ◽  
Author(s):  
Kamal Sharma
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Home Office ◽  
Criminal Process ◽  
Tony Blair ◽  
The Media ◽  
Definition Of ◽  
The Impact ◽  
Ethnic Monitoring

The media, judiciary, legislature and the Executive currently agree that the criminal process is in need of reform. Indeed, on Tuesday 18 June 2002, Tony Blair described the criminal justice system as ‘antique and ineffectual’. This article investigates the purposes and uses of racial and ethnical terminologies in the criminal justice system. Notwithstanding the importance of existing racial definitions in criminal justice, a standard definition of ethnicity is regarded as necessary to ensure that ethnic monitoring is accurate and effective. Therefore this article questions the validity, accuracy and purposes of the terminologies used in contemporary and past studies in relation to the most extensive reports on ethnic monitoring; namely the National Censuses of Population, the Home Office Research Statistics and Development Directorate's publications and the British Crime Surveys'. This article also considers the impact that foreseeable social and demographic changes may have on the use of racial and ethnic classifications in the criminal justice system, as well as the ways in which the various bodies of the criminal process may prepare for potential changes.

PLACE AND VALUE OF THE JURISDICTION COURT IN THE MODERN CRIMINAL PROCESS OF RUSSIA

2020 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Process

В статье анализируется понятие и содержание суда присяжных, его значение в отечественной системе уголовного судопроизводства. The article analyzes the concept and content of the jury, its importance in the domestic criminal justice system.

scholarly journals Mídia, medo e controle: Ensaio sobre o papel da mídia na dinãmica do recrudescimento do sistema penal

2016 ◽  
Vol 20 (2) ◽  
Author(s):  
Felipe Lazzari da Silveira
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Palabras Clave ◽  
El Sistema ◽  
The Media ◽  
Medios De Comunicacion

Partindo do pressuposto que a mídia possui grande influência sobre os indivíduos, e que ao veicular notícias sobre crimes de forma excessiva, muitas vezes sob um viés sensacionalista, dissemina o medo e a insegurança no tecido social, o presente artigo tem como objetivo identificar de que modo a mídia se relaciona com o sistema penal, bem como o papel que desempenha na dinâmica que enseja o seu recrudescimento.Resumen: Partiendo de la suposición de que los medios de comunicación ejercen gran influencia en los individuos, y que al transmitir excesivamente noticias sobre crímenes - a menudo a partir de un sesgo sensacionalista - siembran el miedo y la inseguridad en el tejido social, el presente trabajo tiene como objetivo identificar el modo por lo cual los medios de comunicación se relacionan con el sistema penal, así como el rol que desempeñan en la dinámica que posibilita su endurecimiento. Palabras clave: Medios - Crimen - Miedo - Sistema Penal  Abstract: Assuming that the media has the ability to influence people , and to convey news about crimes excessively, often in a sensationalist bias , spreading fear and insecurity in society , this paper aims to identify how the media relates to the criminal justice system , and the role it plays in the dynamics that gives rise to its expansion. Keywords: Media – Crime – Fear – Criminal System

Lingual injury

2017 ◽  
Vol 24 (1) ◽  
pp. 3-23 ◽  
Author(s):  
Dana Pugach ◽  
Anat Peleg ◽  
Natti Ronel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Phenomenological Study ◽  
Murder Victims ◽  
The Media ◽  
Close Relatives ◽  
Qualitative Phenomenological ◽  
Qualitative Phenomenological Study ◽  
Innovative Concept

This qualitative, phenomenological study conducted in Israel consisted of interviews with 14 close relatives of murder victims whose cases generated media interest. The research offers a comprehensive view of the endeavors of the participants to be heard in both the criminal justice system and the media. The findings indicate that despite the growing recognition of co-victims’ rights and media attention to their narratives, both the justice system and the media disappoint these victims and largely fail to respond to their need to convey their messages. The participants experienced ‘lingual injury:’ the repudiation and muting of their own language in favor of professional jargon. Lingual injury is an innovative concept that describes particular aspects of secondary victimization; it contributes to the existing literature by enabling a detailed mapping of co-victims’ simultaneous difficulties in the interplay between the criminal justice system and the media. It highlights the need for developing professional tools, both legal and victimological, to alleviate this situation.

Comparing Plea Bargaining and Abbreviated Trial Procedures

2019 ◽  
pp. 702-727
Author(s):  
Gwladys Gilliéron
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Civil Law ◽  
Plea Bargaining ◽  
The United States ◽  
Wrongful Convictions ◽  
The U.S

This chapter compares U.S. plea bargaining with plea-bargaining-type procedures and penal orders in Continental Europe, with reference to Switzerland, Germany, and France. It first considers consensual criminal procedures across jurisdictions and why they exist, focusing on plea bargaining in the U.S. criminal justice system and abbreviated trial procedures in European civil law systems. It then examines the extent to which abbreviated trial procedures in civil law systems differ from plea bargaining in the U.S. system, the problems inherent in consensual criminal procedures, and the question of whether there are any solutions. In particular, it explains how plea bargaining and penal orders may lead to wrongful convictions. Finally, it discusses prospects for reform of plea bargaining in the United States and in civil law systems in Europe.

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