Gender, Psychology, and Justice

Author(s):  
Julie R. Ancis ◽  
Corinne C. Datchi

This chapter identifies the core themes that cut across the chapters of the book. Specifically, it discusses the relationship between systemic processes and women’s and girls’ entanglement with the justice system. It also calls attention to the compounding effect of institutional discrimination on the concerns of justice-involved women and girls. Lastly, it highlights the need for more interdisciplinary research, multicultural training, and evidence-based gender- and culturally responsive legal interventions in all arenas of the justice system.

2021 ◽  
pp. 160-196
Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


Author(s):  
Martin Partington

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.


Author(s):  
Thema Bryant-Davis ◽  
Tyonna Adams ◽  
Anthea Gray

This chapter discusses the experiences of women and girl survivors of sex trafficking in the United States. It highlights the risk factors that make women and girls vulnerable to sex traffickers and victimization, examines the impact of sex trafficking on women’s and girls’ health, and describes the circumstances that lead to their forced involvement in the sex trade and their contact with the justice system. Gender, class, and racial stereotypes are barriers that prevent trafficking survivors from obtaining legal protection. Other barriers include fear of violence, lack of awareness of resources, and fear of deportation. When seeking legal help, trafficking survivors often experience revictimization and are treated as criminals. Lastly, this chapter identifies the need for more research on survivors of sex trafficking, highlights promising legal and mental health interventions, and proposes guidelines for greater gender and cultural responsiveness in programming.


Author(s):  
Corinne C. Datchi ◽  
Julie R. Ancis

This chapter offers an overview of feminist literature on the justice system and highlights the way gender influences legal interventions. The concepts of gender neutrality, gender equality, and chivalry are discussed in the context of family courts and criminal justice settings to demonstrate how gender bias influences decisions such as child custody determinations and the definition of women’s and girls’ behaviors as criminal. This chapter calls attention to the growing involvement of women and girls with the justice system and the need for more research that describes the unique social and health concerns of diverse female populations. Therapeutic jurisprudence and intersectionality are proposed as frameworks for designing and evaluating gender- and culturally sensitive justice interventions.


Temida ◽  
2015 ◽  
Vol 18 (3-4) ◽  
pp. 131-144
Author(s):  
Aleksandra Bulatovic

Restorative justice as the theoretical foundation of social reaction to crime is one of the key themes of contemporary criminological discourse. The idea of crime as a conflict between perpetrator and victim of crime is included in the core ideas related to the concept of restorative justice, which differs from traditional understanding of crime as a relationship between the state and the individual. This change in perspective on crime points towards social reaction to crime that differs from traditional criminal justice system. As the restoration process of relationship damaged by crime is directly related to possibilities of participation in the very process, institutionalisation of that participation sets the scope of restorative process. In this article, the author points towards the traditional criminal justice and restorative justice processes, focusing the relationship of perpetrator and victim of crime and the process of conflict resolution. The aim of the article is to highlight the conflict perspective as a defining element of the relationship between offender and victim, and to underline the effectiveness of restorative justice as social reaction to crime, which contributes to optimisation of the relationship between the offender and the community.


Author(s):  
Ben Bradford ◽  
Jonathan Jackson ◽  
Mike Hough

This article considers what it means for citizens to trust the police and criminal courts. First, a broad definition of trust is outlined. Four theories of trust formation and reproduction are then used to derive a set of propositions concerning the sources of trust in the legal system and the factors that sustain and/or undermine it. A brief review of existing criminological research that provides evidence on the relevance of these factors is also provided. The article closes with a discussion of the relationship between the concepts of trust and legitimacy in the context of the criminal justice system.


Author(s):  
Jacqueline Hodgson ◽  
Yu Mou

This chapter discusses empirical approaches to criminal procedure, focusing on three broad and recurring themes that reflect the complex nature of the criminal justice system as a social institution: legal culture, discretion, and policy. It first considers criminal justice in the context of its sociopolitical culture, taking into account the place of legal and occupational cultures and the ways that they influence criminal justice law and practice. It also looks at culture as rhetoric before reviewing studies that explore some routine criminal justice practices, particularly how criminal justice institutions, such as the police and the prosecution, exercise discretion, and factors that affect a jury’s decision-making. Finally, it examines the relationship between law and policy, and more specifically how public policies (such as austerity) impact criminal justice practices, and how empirical research on law has contributed to evidence-based policy.


2019 ◽  
pp. 246-256
Author(s):  
A. K. Zholkovsky

In his article, A. Zholkovsky discusses the contemporary detective mini-series Otlichnitsa [A Straight-A Student], which mentions O. Mandelstam’s poem for children A Galosh [Kalosha]: more than a fleeting mention, this poem prompts the characters and viewers alike to solve the mystery of its authorship. According to the show’s plot, the fact that Mandelstam penned the poem surfaces when one of the female characters confesses her involvement in his arrest. Examining this episode, Zholkovsky seeks structural parallels with the show in V. Aksyonov’s Overstocked Packaging Barrels [Zatovarennaya bochkotara] and even in B. Pasternak’s Doctor Zhivago [Doktor Zhivago]: in each of those, a member of the Soviet intelligentsia who has developed a real fascination with some unique but unattainable object is shocked to realize that the establishment have long enjoyed this exotic object without restrictions. We observe, therefore, a typical solution to the core problem of the Soviet, and more broadly, Russian cultural-political situation: the relationship between the intelligentsia and the state, and the resolution is not a confrontation, but reconciliation.


Author(s):  
А.В. Мацук

В статье исследуются события бескоролевья 1733 г. в Речи Посполитой. Согласно «трактату Левенвольде» компромиссным кандидатом на избрание монархом Речи Посполитой был португальский инфант дон Мануэль, которого предложила Австрия. Россия больше склонялась к кандидатуре «пяста». Россия оказалась не подготовленной к началу бескоролевья. Бывшие российские союзники магнаты ВКЛ рассорились с российским послом Фридрихом Казимиром Левенвольде и перешли на сторону Франции. В конце февраля 1733 г. в ВКЛ направили Юрия Ливена, который от имени российской царицы предложил поддержку в получении короны Михаилу Вишневецкому и Павлу Сангушке. Принятое на конвокационном сейме решение об избрании королем «пяста» и католика показало популярность Станислава Лещинского. В результате вслед за Австрией Россия поддержала кандидатом на корону Фридриха Августа. Магнаты ВКЛ до последнего оставались конкурентами о короне. Оппозиция Лещинскому объединилась под лозунгом защиты «вольного выбора» и поэтому в ней остались кандидаты «пясты», которые не могли уступить друг другу, и согласились на компромисс – кандидатуру Фридриха Августа. Для противодействия возможному избранию Лещинского Россия создала в ВКЛ новоградскую конфедерацию. Ее организатором стал новоградский воевода Николай Фаустин Радзивилл. Эта конфедерация становится основой Генеральной Варшавской конфедерации, которая 5 октября 1733 г. избирает королем саксонского курфюрста. The article examines the events of the «kingless» year of 1733 in the Polish-Lithuanian Commonwealth. According to the Levenwolde Treaties the compromise candidate for the Commonwealth’s throne was the Portuguese Infante Don Manuel, who’s candidacy was proposed by Austria. Russia, in turn, leaned towards the «pyasta» candidate. The Russian Empire was clearly unprepared for the start of the kingless period. Russia’s former allies – magnates of the Grand Duchy of Lithuania – came into conflict with the Russian ambassador Frederick Kazimir Levenwolde and sided with France. In late February of 1733, Empress Anna Ioanovna of Russia sent Yuri Liven to the Grand Duchy of Lithuania, who offered official support in the struggle for the crown to Mikhail Vishnevetsky and Pavel Sangushka. The electoral decision made at the Sejm proved the popularity of the «pyast» and Catholic candidates, specifically – Stanislaus Leschinsky. In turn, Russia – following Austria – showed its support for the candidacy of Frederick August. The magnates of the Grand Duchy of Lithuania remained in opposition in the crown issue until the very last. Opposition to Leschinsky was united under the motto of «free choice». For that reason, it was comprised of «pyasta» candidates, who were in a deadlock with one another, and were now ready for the compromise candidacy of Frederick Augustus. In order to counter the possible election of Leschinsky, Russia created the Novograd Confederation in the Grand Duchy of Lithuania. It was organized by the Novograd Voevoda Faustin Radzivill. This confederation became the core of the General Warsaw Confederation that – on October 5th 1733 – elected the Saxon King to the throne of the Polish-Lithuanian Commonwealth.


Author(s):  
Nancy M. Wingfield

This chapter explores a variety of issues central to the turn-of-the-century Austrian panic over trafficking. They include anti-Semitism, Jews as protagonists and victims, and mass migration in an urbanizing world, as well as why particular Austrian cities were associated with the trade in women. The chapter analyzes the government’s domestic and international efforts to combat trafficking, as well as the role bourgeois reform organizations played. It explores the relationship between the trafficker and the trafficked, arguing that these women and girls were not simply victims, but sometimes willing participants, or something in between, in order to sketch a more nuanced picture of turn-of-the-century “white slaving.” The term “trafficker” is employed to reflect the way sources (the state, journalists, reform groups) viewed the issue, not because it can be proved that the problem was as widespread as they claimed.


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