scholarly journals Moral Cognition in Criminal Punishment

2020 ◽  
Vol 9 (1) ◽  
pp. 143-179
Author(s):  
Jason R. Steffen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Moral Cognition ◽  
Criminal Punishment ◽  
Theory Of Justice ◽  
Criminal Justice Systems ◽  
Metaphysics Of Morals ◽  
Anglo American ◽  
Policy Proposals

AbstractScholars often appeal to Kant in defending a retributivist view of criminal punishment. In this paper, I join other scholars in rejecting this interpretation as insufficiently attentive to Kant's wider theory of justice, particularly as found in the Rechtslehre, a section of the Metaphysics of Morals. I then turn to the Tugendlehre, where I examine analogies between Kant's treatments of morality and justice. In particular, I argue that Kant's own views about conscience and moral cognition should cause us to rethink the importance of lex talionis (an integral retributive principle) in the criminal justice system, and to adopt a more merciful attitude toward punishable criminals than we might otherwise be inclined to do. I end with a few policy proposals aimed at encouraging such moral cognition in contemporary Anglo-American criminal justice systems

Using Varieties of Simulation Modeling for Criminal Justice System Analysis

2011 ◽  
pp. 372-411 ◽  
Author(s):  
Azahed Alimadad ◽  
Peter Borwein ◽  
Patricia Brantingham ◽  
Paul Brantingham ◽  
Vahid Dabbaghian-Abdoly ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Process Modeling ◽  
Justice System ◽  
System Analysis ◽  
Discrete Event ◽  
Event Simulation ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Policy Proposals

Criminal justice systems are complex. They are composed of several major subsystems, including the police, courts, and corrections, which are in turn composed of many minor subsystems. Predicting the response of a criminal justice system to change is often difficult. Mathematical modeling and computer simulation can serve as powerful tools for understanding and anticipating the behavior of a criminal justice system when something does change. The focus of this chapter is on three different approaches to modeling and simulating criminal justice systems: process modeling, discrete event simulation, and system dynamics. Recent advances in these modeling techniques combined with recent large increases in computing power make it an ideal time to explore their application to criminal justice systems. This chapter reviews these three approaches to modeling and simulation and presents examples of their application to the British Columbia criminal justice system in order to highlight their usefulness in exploring different types of “what-if” scenarios and policy proposals.

The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

scholarly journals Criminal Punishment Without Civil Rights: The Criminal Proceeds and Instruments Bill's Punitive Civil Sanctions

2006 ◽  
Vol 37 (4) ◽  
pp. 623
Author(s):  
Peter Wright
Keyword(s):  
Criminal Justice ◽  
Civil Rights ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Reasonable Doubt ◽  
Double Jeopardy ◽  
Criminal Offending ◽  
Criminal Punishment

This article critiques the Criminal Proceeds and Instruments Bill 2005 which introduces a civil forfeiture regime for the proceeds of serious criminal offending. By using a civil forfeiture regime, many of the protections normally granted to criminal defendants are not available, which makes successful action by the State easier. This article argues that the Bill's civil forfeiture regime risks seriously abrogating individuals' rights, including those arising from the requirement for proof beyond a reasonable doubt and the prohibitions on double jeopardy and retrospective punishment. The article concludes that the confiscation of criminals' assets should take place within the criminal justice system to ensure that there are proper protections for defendants.

scholarly journals POSSIBLE SENSITIVE VICTIMS - WITNESSES

2019 ◽  
Vol 30 (6) ◽  
pp. 1517-1524
Author(s):  
Azra Adžajlić-Dedović ◽  
Haris Halilović ◽  
Samir Rizvo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Justice Systems ◽  
Care And Support ◽  
Adequate Care ◽  
Justice Systems

Victims and witnesses may be reluctant to give information and evidence because of perceived or actual intimidation or threats against themselves or members of their family. This concern may be exacerbated where people who come into contact with the criminal justice system are particularly vulnerable. For instance, by virtue of their age and developing levels of maturity, children require that special measures be taken to ensure that they are appropriately assisted and protected by criminal justice processes.Victims who receive appropriate and adequate care and support are more likely to cooperate with the criminal justice system in bringing perpetrators of crime to justice. However, inadequacies of criminal justice systems may mean that victims are not able to access the services they need and may even be re-victimized by the criminal justice system itself.

scholarly journals The Role of International Criminal Justice in Fulfillment of the Tasks of the World Community - UN

2017 ◽  
Vol 4 (3) ◽  
pp. 87-96
Author(s):  
N I Kostenko
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Holistic Approach ◽  
International Criminal Justice ◽  
World Community ◽  
Criminal Justice Systems ◽  
The World

The article examines the role of international criminal justice in fulfilling the important tasks set by the world community in the 21st century to stabilize the criminal justice system, which should become a fundamental element of the rule of law structure; on the recognition of the central role of the criminal justice system in the development of international criminal justice. The work focuses on the need for a holistic approach to reforming the criminal justice system in order to improve the effectiveness of international criminal justice systems in the fight against crime.

Fines and Monetary Sanctions

2017 ◽  
Author(s):  
Alexes Harris ◽  
Frank Edwards
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
People Of Color ◽  
System Involvement ◽  
Low Level ◽  
The Poor ◽  
Criminal Justice Systems

Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations. For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.

Restoration of Social Justice and Imposition of Proportionate Punishment in the Context of the Principle Non Bis In Idem

10.12737/7595 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Modern Medicine ◽  
System Study ◽  
Criminal Punishment ◽  
Criminal Procedure Law

The article discusses current issues in the restoration of victim rights by applying one of the fundamental principles of criminal law: the reestablishment of social justice and the commensurability/proportionality of the criminal justice system. Study the problems in the theory of criminal punishment that justify the possibility of increasing the punishment after conviction. The author also analyzes some of the positions of modern medicine which is based on the ability to change the verdict and appointment of new criminal penalties. Insufficient developed changes that were made to the criminal procedure law, can create problems of law enforcement practices that lead to a substantial violation of the rights of victims. The article also examines conflict general principles of criminal law, namely, the restoration of social justice and proportionality of criminal punishment and principle non bis in idem. The author points out significant challenges that may arise in law enforcement and offers solutions.

scholarly journals DIVERSI TINDAK PIDANA NARKOTIKA DALAM SISTEM PERADILAN PIDANA ANAK

2017 ◽  
Vol 6 (1) ◽  
pp. 37
Author(s):  
I Made Wiharsa
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Negative Impact ◽  
Criminal Punishment ◽  
Judicial Process ◽  
Criminal Sanctions ◽  
The Law ◽  
The Impact ◽  
Research Type

Diversion of narcotic crime in the criminal justice system for the children. Children in conflict with the law, especially in narcotic cases not specifically regulated in Law Number 35 of 2009 on the Narcotics. During this time the children in conflict with the law that is drafted in the Law Number 11 of 2012 on the Criminal Justice System for The Children. Criminal punishment against with a certain person started because that person has committed a crime. Children in the case of a criminal act of narcotics criminal sanctions will have a negative impact on a child's future. Referring to the criminal justice system for the children are known to attempt a diversion to divert the child's completion of the criminal case of the trial into a non-judicial process. This research with the normative methods research type, which aims to determine the impact of the imposition of criminal sanctions and diversion efforts for children in narcotic crime. Diversi tindak pidana narkotika dalam sistem peradilan pidana anak. Anak yang berkonflik dengan hukum khususnya dalam tindak pidana narkotika belum diatur secara khusus dalam Undang-Undang Nomor 35 Tahun 2009 Tentang Narkotika. Selama ini terhadap anak yang berkonflik dengan hukum mengacu pada Undang-Undang Nomor. 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak.  Penjatuhan pidana terhadap seseorang bermula karena seseorang tersebut telah melakukan suatu tindak pidana. Anak dalam hal melakukan tindak pidana narkotika yang dijatuhi sanksi pidana akan berdampak buruk pada masa depan anak. Mengacu pada sistem peradilan pidana anak yang dikenal upaya diversi untuk mengalihkan penyelesaian perkara tindak pidana anak dari proses peradilan ke proses non peradilan. Penelitian ini menggunakan metoda penelitian hukum normatif, yang bertujuan untuk dapat mengetahui dampak penjatuhan sanksi pidana dan upaya diversi bagi anak dalam tindak pidana narkotika.

How the Criminal Justice System Educates Citizens

2013 ◽  
Vol 651 (1) ◽  
pp. 159-177 ◽  
Author(s):  
Benjamin Justice ◽  
Tracey L. Meares
Keyword(s):  
Public Schools ◽  
Public School ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Civic Education ◽  
Justice System ◽  
School Systems ◽  
Public School Systems ◽  
Criminal Justice Systems ◽  
Justice Systems

There are at least two central pathways through which the modern democratic state interacts with citizens: public school systems and criminal justice systems. Rarely are criminal justice systems thought to serve the educational function that public school systems are specifically designed to provide. Yet for an increasing number of Americans, the criminal justice system plays a powerful and pervasive role in providing a civic education, in anticitizenry, that is the reverse of the education that public schools are supposed to offer. We deploy curriculum theory to analyze three primary processes of the criminal justice system—jury service, incarceration, and policing—and demonstrate the operation of two parallel curricula within them: a symbolic, overt curriculum rooted in positive civic conceptions of fairness and democracy; and a hidden curriculum, rooted in empty or negative conceptions of certain citizens and their relationship to the state.

Capable Women, Incapable States

2020 ◽  
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sense Of Self ◽  
Political Mobilization ◽  
The Public ◽  
Legal Enforcement ◽  
Criminal Justice Systems ◽  
The Law ◽  
The Public Sphere

How do women claim rights against violence in India and with what consequences? By observing how women navigate the Indian criminal justice system, Roychowdhury provides a unique lens on rights negotiations in the world’s largest democracy. She finds that women interact with the law not by following legal procedure or abiding by the rules but by deploying collective threats and doing the work of the state themselves. They do so because law enforcement personnel are incapacitated and unwilling to enforce the law. As a result, rights negotiations do not necessarily lead to more woman-friendly outcomes or better legal enforcement. Instead, they allow some women to make gains outside the law: repossess property and children, negotiate cash settlements, join women’s groups, access paid employment, develop a sense of self-assurance, and become members of the public sphere. Capable Women, Incapable States shows how the Indian criminal justice system governs violence against women not by protecting them from harm but by forcing them to become “capable”: to take the law into their own hands and complete the hard work that incapable and unwilling state officials refuse to complete. Roychowdhury’s book houses implications for how we understand gender inequality and governance not just in India but in large parts of the world where political mobilization for rights confronts negligent and incapacitated criminal justice systems.

Sign in / Sign up

Export Citation Format

Share Document