scholarly journals PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA

2014 ◽  
Vol 8 (4) ◽  
pp. 139-148
Author(s):  
Saka Muhammed Olokooba ◽  
M.K. Adebayo
Keyword(s):  
Criminal Justice ◽  
Intervention Strategy ◽  
Plea Bargaining ◽  
The State ◽  
Legal Basis ◽  
Panoramic View ◽  
Reform Agenda ◽  
Criminal Justice Reform ◽  
Bargaining Procedure ◽  
The Way

Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed. 

Crimes Against the Sovereign Order: Rethinking International Criminal Justice

2019 ◽  
Vol 113 (4) ◽  
pp. 727-771 ◽  
Author(s):  
Ryan Liss
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
The State ◽  
International Criminal Justice ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
Fundamental Challenge ◽  
The Way

AbstractThe scope of international criminal jurisdiction poses a fundamental challenge for criminal law theory. Prevailing justifications for the state's authority to punish crime assume the existence of connections between the state and either the criminal or the crime that are not always present in the international criminal context. Recognizing this gap, this Article introduces a new theory of what distinguishes international crimes from domestic crimes and justifies the unusual scope of international criminal jurisdiction. As this Article explains, international crimes are unique in the way they undermine international society's structure as a system of sovereign states.

Fair Treatment for the Indigent: The Manhattan Bail Project

2011 ◽  
Vol 24 (1) ◽  
pp. 10-12
Keyword(s):  
Criminal Justice ◽  
Criminal Justice Reform ◽  
American System ◽  
Fair Treatment ◽  
Widespread Adoption ◽  
Community Ties ◽  
New Procedures ◽  
The Way

This article is excerpted from Programs in Criminal Justice Reform, Vera Institute of Justice: Ten-Year Report 1961–1971, published by the Vera Institute of Justice in 1972. In 1961, Vera's investigators set out to learn everything possible about bail practices and about other studies that had been undertaken on this subject. What was needed was a carefully designed project that would open the way for adoption of new procedures that would circumvent the bail bond industry, develop information about defendants enabling the courts to grant release to good risks, and, most of all, begin providing the indigent accused with the fairness that the American system of rights and liberties promised. If the experiment validated the premise that defendants with verifiable community ties could be released on their own recognizance far more often than anyone suggested, then pressure for widespread adoption of the idea would be hard to resist.

For a Human Rights Approach to Reforming the American Penal State

2019 ◽  
Vol 11 (2) ◽  
pp. 346-356
Author(s):  
Jonathan Simon
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Death Penalty ◽  
Mass Incarceration ◽  
The Political ◽  
Reform Agenda ◽  
Criminal Justice Reform ◽  
Institutional Frameworks ◽  
Penal State ◽  
Promising Avenue

Abstract Economic arguments seem to be the most promising avenue for driving reform of America’s bloated penal state in the aftermath of mass incarceration. Raising human rights concerns has limited appeal beyond cultural elites and, on occasion, courts, but today reform is coming from elected branches. Talk of human rights for criminals, or human dignity for prisoners, can risk backlash as happened around the death penalty in the 1970s. This essay challenges this conventional account in three ways. First, I argue that historical conditions make the potential for backlash limited. Second, that economic arguments will always be limited by the political and institutional frameworks that define the current meanings of criminal justice; only a human rights approach can drive a truly abolitionist reform agenda, one aimed at rethinking the institutions themselves, not just their budgets. Third, human rights campaigns can, if properly conceived, expand the constituency for deep criminal justice reform.

scholarly journals Konsep Pengakuan Bersalah Terdakwa Pada “Jalur Khusus” Menurut Ruu Kuhap dan Perbandingannya Dengan Praktek Plea Bargaining di Beberapa Negara

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Aby Maulana
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
The United States ◽  
Theory And Practice ◽  
Criminal Justice Reform ◽  
Case Load ◽  
Procedure Code

Abstract: Defendant Guilty In recognition of the concept of "Special Line" According to the Criminal Procedure Code bill and Comparison With Plea Bargaining Practice in Several Countries. The concept of "Jalur Khusus" is one of the criminal justice reform substances contained in the Draft of Indonesian Criminal Procedure Code. The concept of "Jalur Khusus" is the result of the adoption of the idea/concept of plea bargaining on practices that have been popularized in the United States criminal justice system, which may encourage criminal justice to be more efficient and can avoid stacking cases (case load) in court. This paper wants to explore comparisons between the theory and practice of "Jalur Khusus" in the Draft of Indonesian Criminal Procedure Code with the practice of plea bargaining are applied several countries.  Abstrak: Konsep Pengakuan Bersalah Terdakwa Pada “Jalur Khusus” Menurut RUU KUHAP dan Perbandingannya Dengan Praktek Plea Bargaining di Beberapa Negara. Konsep “Jalur Khusus” adalah salah satu substansi pembaruan peradilan pidana yang terkandung dalam RUU KUHAP. Konsep “Jalur Khusus” merupakan hasil pengadopsian ide/konsep atas praktek plea bargaining yang telah dipopulerkan dalam peradilan pidana Amerika Serikat, yang dipahami dapat mendorong peradilan pidana menjadi lebih efisien dan dapat terhindar dari menumpuknya kasus (case load) di pengadilan. Tulisan ini ingin mengupas perbandingan secara teori dan praktek antara “Jalur Khusus” dalam RUU KUHAP dengan praktek plea bargaining yang diterapkan beberapa Negara. DOI: 10.15408/jch.v2i1.1840

Race, Criminal Justice, and Migration Control

2018 ◽  
Author(s):  
Mary Bosworth ◽  
Alpa Parmar ◽  
Yolanda Vázquez
Keyword(s):  
Criminal Justice ◽  
Race And Ethnicity ◽  
The State ◽  
Immigration Law ◽  
The World ◽  
Migration Control ◽  
And Migration ◽  
The Way

In the introductory chapter the editors discuss why a volume that brings together race, migration, and criminal justice, in a way that speaks to issues of belonging, is both timely and necessary. In highlighting the gaps in various disciplinary literatures including the sociology of migration, criminology, and immigration law, this collection of essays discusses explicitly how concerns about race and ethnicity animate many of the state and popular responses to the growing numbers of migrants across the world. Race and the meaning of race in relation to citizenship and belonging is excavated through the chapters presented in the book, and the book as a whole thereby transforming the way we think about migration and the construction of boundaries and borders.

Could Personalisation Reduce Re-offending? Reflections on Potential Lessons from British Social Care Reform for the British Criminal Justice System

2013 ◽  
Vol 42 (4) ◽  
pp. 721-741 ◽  
Author(s):  
ALEX FOX ◽  
CHRIS FOX ◽  
CAROLINE MARSH
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Social Care ◽  
Institutional Care ◽  
Care Experience ◽  
Reform Agenda ◽  
Criminal Justice Reform ◽  
The Social

AbstractRising prison numbers and high rates of re-offending illustrate the need for criminal justice reform. In the social care sector, the ‘personalisation revolution’ has resulted in the near eradication of long-term, institutional care for the majority of people with disabilities and many frail older people, increasing satisfaction. This paper examines what this has entailed and considers the case for introducing personalisation in the criminal justice system. It concludes that criminal justice reformers can learn from the social care experience and suggests how personalisation might fit within the current criminal justice reform agenda. However, introducing personalisation will pose significant challenges, perhaps the biggest being the need to change criminal justice culture.

Keep Calm and Carry on with State Criminal Justice Reform

2019 ◽  
Vol 32 (2) ◽  
pp. 86-91
Author(s):  
Jessica Kelley ◽  
Arthur Rizer
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
State Level ◽  
Final Analysis ◽  
Criminal Justice Reform ◽  
Criminal Justice Systems ◽  
Critical Issues ◽  
History Of ◽  
One Year ◽  
The Way

The passage of the First Step Act by the federal government one year ago marked a significant change in the way states approached the issue of criminal justice reform. Some states, like Florida, have been fighting for years to pass reforms, but after the passage of the First Step Act, the momentum for reform helped carry those endeavors through the legislature and to the Governor’s desk. Other more traditionally conservative states, like North Carolina and Arkansas, have now been introducing legislation to address problems within their states’ criminal justice systems by moving towards workable reforms modeled after the federal legislation. The First Step Act provided political cover for right-of-center, state-level lawmakers to address critical issues facing the criminal justice system. Here we discuss the history of the First Step Act and more broadly the trajectory of past criminal justice reforms. After establishing the federal landscape, we aimed to outline the current positions of the states who are engaging in criminal justice reform and how movement on the federal level paved the way for successful legislative outcomes. In our final analysis, we articulate the need to fully implement reforms and provide evidence that even the best of bills, if left unfunded or otherwise incomplete, will fail.

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