scholarly journals Integrated information systems of the US criminal justice

Author(s):  
A. A. Sobenin

The article analyzes the existing information systems of criminal justice in the United States both at the federal and state levels. The features of the functioning of the federal systems of criminal justice are noted. An assessment of the activities of state information systems is given, the features of the work of some of them are given. The criteria are highlighted that made it possible to carry out a comparative legal analysis of state information systems. Close attention is paid to the activities of electronic systems of bodies carrying out preliminary investigation in the United States. The author’s classification of complex information systems of the US criminal justice is proposed.

Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.


Author(s):  
Елена Цветкова ◽  
Elena Tsvetkova

The main trend of recent years is the complication of tax administration. In order to improve it states develop forms of work with taxpayers, including alternative tax dispute resolution. The author analyses alternative tax dispute resolution that have already developed in Russia and compares them with similar procedures in the United States, the Netherlands and Germany. To the alternative methods that are applied in Russia the author refers tax monitoring and agreement on the settlement of a tax dispute. Tax monitoring is not seen as a form of tax control, but as a mean of resolving and preventing the occurrence of a tax dispute. The conclusion of an agreement between a tax authority and a taxpayer on the settlement of a dispute in court is possible by reaching a compromise on the qualification of relations, on actual circumstances, on the interpretation of the tax rate. The article contains examples of programs that exist in the US and Germany in the sphere of tax dispute resolution. Also issues related to the implementation of the mediation procedure existing in the United States, the Netherlands and Germany and the possibility of their application in Russia are considered. The author emphasizes the impossibility of applying the procedure of mediation in tax disputes in Russia at the moment due to the lack of legislative regulation.


Author(s):  
Sappho Xenakis ◽  
Leonidas K. Cheliotis

There is no shortage of scholarly and other research on the reciprocal relationship that inequality bears to crime, victimisation and contact with the criminal justice system, both in the specific United States context and beyond. Often, however, inequality has been studied in conjunction with only one of the three phenomena at issue, despite the intersections that arguably obtain between them–and, indeed, between their respective connections with inequality itself. There are, moreover, forms of inequality that have received far less attention in pertinent research than their prevalence and broader significance would appear to merit. The purpose of this chapter is dual: first, to identify ways in which inequality’s linkages to crime, victimisation and criminal justice may relate to one another; and second, to highlight the need for a greater focus than has been placed heretofore on the role of institutionalised inequality of access to the political process, particularly as this works to bias criminal justice policy-making towards the preferences of financially motivated state lobbying groups at the expense of disadvantaged racial minorities. In so doing, the chapter singles out for analysis the US case and, more specifically, engages with key extant explanations of the staggering rise in the use of imprisonment in the country since the 1970s.


2005 ◽  
Vol 4 (S1) ◽  
pp. 36-63
Author(s):  
Robert Howse ◽  
Damien J. Neven

Some of the legal analysis in this study derives from joint work between Robert Howse and Susan Esserman on this ruling, “Trade disputes quire fairer arbitration,” FT.com, Sep 12, 2002This chapter discusses the decision by the arbitrator on suspension of concessions (“retaliation”) in the dispute between the US and the EU regarding the tax treatment of offshore corporate income under US legislation. By way of background, the first part of the chapter (section 2) describes the operation of the US scheme, including as revised after the first round of WTO rulings.


2015 ◽  
Vol 370 (1674) ◽  
pp. 20140260 ◽  
Author(s):  
Claude Roux ◽  
Benjamin Talbot-Wright ◽  
James Robertson ◽  
Frank Crispino ◽  
Olivier Ribaux

The dominant conception of forensic science as a patchwork of disciplines primarily assisting the criminal justice system (i.e. forensics) is in crisis or at least shows a series of anomalies and serious limitations. In recent years, symptoms of the crisis have been discussed in a number of reports by various commentators, without a doubt epitomized by the 2009 report by the US National Academies of Sciences (NAS 2009 Strengthening forensic science in the United States: a path forward). Although needed, but viewed as the solution to these drawbacks, the almost generalized adoption of stricter business models in forensic science casework compounded with ever-increasing normative and compliance processes not only place additional pressures on a discipline that already appears in difficulty, but also induce more fragmentation of the different forensic science tasks, a tenet many times denounced by the same NAS report and other similar reviews. One may ask whether these issues are not simply the result of an unfit paradigm. If this is the case, the current problems faced by forensic science may indicate future significant changes for the discipline. To facilitate broader discussion this presentation focuses on trace evidence, an area that is seminal to forensic science both for epistemological and historical reasons. There is, however, little doubt that this area is currently under siege worldwide. Current and future challenges faced by trace evidence are discussed along with some possible answers. The current situation ultimately presents some significant opportunities to re-invent not only trace evidence but also forensic science. Ultimately, a distinctive, more robust and more reliable science may emerge through rethinking the forensics paradigm built on specialisms, revisiting fundamental forensic science principles and adapting them to the twenty-first century.


Author(s):  
Francesca Laguardia

Contrary to the assumption that “9/11 changed everything,” post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To the contrary, terrorism cases appear to have shed light on the direction in which the United States was heading for decades.


Author(s):  
D. C. Webb

Communication via electronic systems such as telephones, faxes, e-mail, computers, etc., has enormously increased the volume and ease with which people and institutions can exchange messages and information. However, the associated technologies have also enabled the introduction of new sophisticated concepts and methods in interception and analysis for intelligence gatherers. One such method has been dubbed ECHELON and is used by which the United States and its partners in a worldwide intelligence alliance to intercept and analyse messages transmitted electronically from anywhere on Earth. The National Security Agency (NSA), based at Fort Mead in Maryland, is the US organisation most intimately involved in the operation of this covert surveillance system. This is the story of the methods developed and the institutions that adopt them and the debates and arguments that have accompanied their use from domestic surveillance to international commercial and political espionage.


2013 ◽  
Vol 51 (1-2) ◽  
pp. 85-111 ◽  
Author(s):  
Debarati Halder ◽  
K. Jaishankar

SummarySexting among teens has become a huge problem in the US as well as in India. This has given birth to numerous issues including issues related to child pornography, exploitation of images by perpetrators and revenge porn. While in the US laws are being created and tested for regulating sexting in relation to revenge porn, the situation is quite different in India. This paper emphasises that there is a lacuna in dealing with adolescent sexual behaviour including revenge taking attitude with the help of sexted images. This paper argues that instead of dealing the issue of revenge porn by teens in the traditional procedural ways as has been laid down in the legal provisions or by way of rusticating the children (including the perpetrators and the victim) from the school as has happened in India in several occasions, Therapeutic Jurisprudence approach should be taken up.


Author(s):  
Amanda L. Tyler

This chapter explores the Reconstruction of the United States as one country following the Civil War. As explored, the Reconstruction Amendments to the US Constitution met dramatic resistance in many of the states that had once comprised the Confederacy from, in particular, the Ku Klux Klan. As detailed in the chapter, to try and put down the Klan and advance the new civil rights of the newly freed slaves, Congress authorized President Ulysses Grant to suspend habeas, which he did in portions of South Carolina. The chapter explores this episode as well as the expansion of habeas in the US during this period to permit review of state criminal convictions, noting how this new vision for habeas was predicated upon the writ’s history as a vehicle in times past for freeing slaves and how it has led to pathbreaking criminal justice decisions and more recently, retreat from this habeas model.


2016 ◽  
Vol 30 (2) ◽  
pp. 103-126 ◽  
Author(s):  
Magnus Lofstrom ◽  
Steven Raphael

Crime rates in the United States have declined to historical lows since the early 1990s. Prison and jail incarceration rates as well as community correctional populations have increased greatly since the mid-1970s. Both of these developments have disproportionately impacted poor and minority communities. In this paper, we document these trends. We then assess whether the crime declines can be attributed to the massive expansion of the US criminal justice system. We argue that the crime rate is certainly lower as a result of this expansion and in the early 1990s was likely a third lower than what it would have been absent changes in sentencing practices in the 1980s. However, there is little evidence that further stiffening of sentences during the 1990s—a period when prison and other correctional populations expanded rapidly—have had an impact. Hence, the growth in criminal justice populations since 1990s has exacerbated socioeconomic inequality in the United States without generating much benefit in terms of lower crime rates.


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