scholarly journals Innocent in the Dark

2021 ◽  
Vol 2 (3) ◽  
pp. 277-304
Author(s):  
Victor Beltran Roman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Biological Evidence ◽  
Accessibility Issues ◽  
The U.S ◽  
Miscarriage Of Justice

Preservation of biological evidence can profoundly impact criminal justice as it can be essential to establish the innocence of a convicted person and thus make evident a miscarriage of justice. The paper provides information and insights regarding the State’s duty to preserve biological evidence in criminal justice, thus improving accessibility issues in the post-conviction review in Chile. In doing so, the paper looks beyond Chile’s borders and seeks to obtain lessons from the U.S. States’ preservation statutes. The research uses law comparison to assess and comprehend the appropriateness of Chilean regulation and then to identify areas for improvement in the criminal justice system.

Conclusion

Outlaw Women ◽  
2019 ◽  
pp. 217-232
Author(s):  
Susan Dewey ◽  
Bonnie Zare ◽  
Catherine Connolly ◽  
Rhett Epler ◽  
Rosemary Bratton
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mass Incarceration ◽  
Individual Choice ◽  
Dominant Culture ◽  
Frontier Myth ◽  
New Frontier ◽  
The U.S

Our Wyoming study offers direct implications for the U.S. prison system, which has reached a new frontier in terms of the sheer number of people incarcerated, on probation or parole, or experiencing the lifelong consequences of a felony conviction. Much like the frontier myth that continues to exercise influence in U.S. politics and dominant culture, mass incarceration is the result of popular acceptance of beliefs that ignore pervasive socioeconomic inequalities. These beliefs encourage the U.S. voting public to endorse addressing deeply rooted social problems, particularly addiction, through criminal justice solutions designed by the politicians they elect. Such is the nature of democracy in a society characterized by ever-widening inequalities between rich and poor, those with stable jobs and contingent workers, where the criminal justice system is fodder for countless films, series, and other entertainment, and where individuals rely far more on electronic communication than on meaningful social interaction. Social isolation and inequality breed fear, and three fear-based beliefs undergird the existence of the criminal justice system in its present form: drug-abusing women are a threat to public safety, law breaking is an individual choice rather than a community problem, and women released from prison pose a long-term risk to society.

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.

scholarly journals Leveraging the U.S. Criminal Justice System to Access Women for HIV Interventions

2017 ◽  
Vol 21 (12) ◽  
pp. 3527-3548 ◽  
Author(s):  
Jaimie P. Meyer ◽  
Dharushana Muthulingam ◽  
Nabila El-Bassel ◽  
Frederick L. Altice
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Hiv Interventions ◽  
The U.S

The Protection of the Accused from Miscarriage of Justice

1997 ◽  
Vol 31 (1-3) ◽  
pp. 590-611
Author(s):  
A.A.S. Zuckerman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Small Proportion ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Trial ◽  
Large Measure ◽  
The Public ◽  
Miscarriage Of Justice

The criminal trial system is regarded as standing at the pinnacle of the state's machinery for dealing with crime. But the courts deal with only a small proportion of crimes committed. Their function is more indirect: to express societal disapproval through a public and somewhat theatrical show. This is not to denigrate the role of the courts or dismiss it as futile. The criminal trial does have important functions in the development of norms for criminal responsibility and in fostering respect for the law. But its success in this regard hinges on the extent to which it is perceived as a just and effective method for dealing with those charged with crime. Put crudely, the success of the criminal justice system turns in large measure in the success of the show it puts on. But theatre is good only for as long as it is able to carry the audience with it, which, in the case of the courts, this means as long as the public is prepared to accept their verdicts at face value.

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