scholarly journals Investigating the Offending Histories of Undocumented Immigrants

2018 ◽  
Vol 15 (2) ◽  
pp. 147-166 ◽  
Author(s):  
Bianca Bersani ◽  
Adam D. Fine ◽  
Alex R. Piquero ◽  
Laurence Steinberg ◽  
Paul J. Frick ◽  
...  
Keyword(s):  
Young Adulthood ◽  
Justice System ◽  
Undocumented Immigrants ◽  
Additional Research ◽  
Differential Treatment ◽  
Undocumented Immigrant ◽  
Undocumented Immigration ◽  
Differential Involvement ◽  
The Difference ◽  
Official Records

This study investigates the association between undocumented immigration and crime among youthful offenders. Using official record and self-reported offending measures collected across seven-waves of data from the longitudinal Crossroads Study, the prevalence and variety of offending are compared for undocumented immigrant, documented immigrant, and US-born groups during the transition into young adulthood. Results suggest that, as compared to documented immigrants and US-born peers, undocumented immigrants report engaging in less crime prior to and following their first arrest. Conversely, official records reflect a marginally higher level of re-arrest among undocumented immigrants, particularly in the months immediately following the first arrest. This divergence in findings warrants focused consideration to disentangle whether the difference is due to differential involvement in crime, differential treatment in the justice system, or a combination of factors. Additional research is needed to test whether the results found in this study generalize to other immigrant groups and contexts. 

scholarly journals Flipping Our Scripts about Undocumented Immigration

Genealogy ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 29
Author(s):  
Mica Pollock
Keyword(s):  
Family History ◽  
Learning Curve ◽  
Knowledge Base ◽  
Immigration Policy ◽  
Undocumented Immigrants ◽  
Undocumented Immigration ◽  
Steep Learning Curve ◽  
Immigration History ◽  
New Information

This critical family history explores a common script about undocumented immigration: that undocumented immigrants unfairly have refused to “stand in line” for official, sanctioned immigration and instead have broken rules that the rest of “our” families have followed. Noting a hole in her knowledge base, the author put herself on a steep learning curve to “clean her lenses”—to learn more information about opportunities past and present, so she could see and discuss the issue more clearly. The author sought new and forgotten information about immigration history, new information about her own family, and details about actual immigration policy. She wrote this piece to share a few script-flipping realizations, in case they can shortcut this journey for others.

Leniency for Lethal Ladies: Using the Actor–Partner Interdependence Model to Examine Gender-Based Sentencing Disparities

2019 ◽  
Vol 23 (4) ◽  
pp. 319-343
Author(s):  
Emma E. Fridel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Gender Bias ◽  
Justice System ◽  
Female Offenders ◽  
Differential Treatment ◽  
Sentencing Decisions ◽  
Actor Partner Interdependence Model ◽  
Gender Based ◽  
To Receive

Research has shown that female offenders typically receive differential treatment in the criminal justice system in comparison to their male counterparts, even for extreme crimes like murder. This study compares the criminal sentences of 300 homicide offenders who killed at least two victims with a single co-offender (150 pairs) within their dyads using the actor–partner interdependence model (APIM) to determine if gender has an effect on leniency for even the most extreme crimes. Women were less likely to receive the harshest possible punishment, regardless of their partner’s gender. These findings provide support for the female leniency effect, suggesting that gender bias continues to influence sentencing decisions for homicide.

Racial Disparities in the Criminal Justice System: A Summary

1985 ◽  
Vol 31 (1) ◽  
pp. 15-34 ◽  
Author(s):  
Joan Petersilia
Keyword(s):  
Criminal Justice ◽  
Racial Disparities ◽  
Justice System ◽  
Differential Treatment ◽  
Criminal Records ◽  
Research Attention ◽  
System A ◽  
Criminal Justice Systems ◽  
Comprehensive Examination ◽  
Future Policy

This article summarizes a comprehensive examination of racial discrimination in the criminal justice systems of California, Michigan, and Texas. In each of those states, judges typically imposed heavier sentences on Hispanics and blacks than on whites convicted of comparable felonies and who had similar criminal records. Not only did these minorities receive harsher minimum sentences but they also served more time. It is chiefly at the sentencing stage where differential treatment is most pronounced. I discuss what could account for differences in sentencing, and suggest areas for future policy and research attention.

scholarly journals Mexican-origin parents’ differential treatment and siblings’ adjustment from adolescence to young adulthood.

2016 ◽  
Vol 30 (8) ◽  
pp. 955-965 ◽  
Author(s):  
Jenny Padilla ◽  
Susan M. McHale ◽  
Kimberly A. Updegraff ◽  
Adriana J. Umaña-Taylor
Keyword(s):  
Young Adulthood ◽  
Differential Treatment ◽  
Mexican Origin

Dreaming of the Future: Reflections of a Latina College Student Receiving DACA Protection in the Trump Era

2020 ◽  
pp. 153819272093245
Author(s):  
Jennifer Rogers
Keyword(s):  
College Student ◽  
Presidential Election ◽  
Undocumented Immigrants ◽  
First Generation ◽  
Legal Protection ◽  
Undocumented Immigrant ◽  
Deferred Action ◽  
The Future ◽  
Young Students

The Deferred Action for Childhood Arrivals (DACA) program provides legal protection to enhance access for a narrow subcategory of undocumented immigrants. Following the presidential election, a series of actions have pushed many of these recipients into limbo, leading to uncertainty and fear for these young students. This case study examined the intersectional identity and experiences of a first-generation Latina college student who is an undocumented immigrant and has received protection under the DACA program.

Aboriginal juveniles and the criminal justice system: The case of Victoria

1996 ◽  
Vol 21 (3) ◽  
pp. 11-22
Author(s):  
Michael Mackay
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Aboriginal People ◽  
Aboriginal Youth ◽  
Level Of Involvement ◽  
Police Data ◽  
The Difference ◽  
High Level

In the light of continuing concern about the high level of involvement of Aboriginal people in the criminal justice system, this article examines the 1993/94 police data for Victoria. The focus is on juvenile ‘alleged offenders processed’. The data shows contact commencing early and a continuing high level of contact with the system, especially for young Aboriginal males. Although there has been a reduction in the over-representation ratio of Aboriginal juveniles in juvenile corrective institutions, the difference in rates at all points in the system compared to non-Aboriginal youth is substantial.Longer-term consequences including the likelihood of adult incarceration are serious and the need for more research and action is clearly signalled.

scholarly journals Punishment on arrival: New Zealand’s Returning Offenders Act 2015

2021 ◽  
pp. 146247452199991
Author(s):  
Claudia McHardy
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Legal Protection ◽  
Differential Treatment ◽  
Discursive Construction ◽  
Criminal Offending ◽  
Aotearoa New Zealand ◽  
Vulnerable People ◽  
Migration Law ◽  
New Zealanders

Australia’s detention-deportation regime is setting the agenda for New Zealand’s domestic criminal justice system, with implications for criminological understandings of ‘crimmigration’ and ‘bordered penality’. In response to recent changes in Australian migration law which have seen an increased number of deportations to Aotearoa New Zealand, the New Zealand government introduced legislation, the Returning Offenders (Management and Information) (“ROMI”) Act 2015, which created a monitoring regime for returning New Zealanders convicted of criminal offending in an overseas jurisdiction. The sentence an individual is subject to in Australia is extended, both geographically and temporally, creating multiple punishments for this particular group of offenders. While ostensibly modelled from domestic parole arrangements, in practice the ROMI regime entails greater restriction while offering less in the way of legal protection. The differential treatment of returning New Zealanders is sustained through their discursive construction as both “criminals” and de facto “aliens”. By treating returnees as threatening outsiders to be contained, rather than vulnerable people to be supported, the New Zealand state also extends the risk logics underpinning the Australian regime. Although the ROMI Act is novel, the regime conforms to the racialised patterns of exclusion and criminalisation which have persisted in Aotearoa New Zealand since colonisation.

scholarly journals Dynamics of Distinction and Solidarity within Social Movements: Explaining Relations between Privileged and Underprivileged Groups in the U.S. Immigrant Rights Movement

2021 ◽  
pp. 073112142199006
Author(s):  
Walter Nicholls ◽  
Justus Uitermark ◽  
Sander van Haperen
Keyword(s):  
Social Movements ◽  
Undocumented Immigrants ◽  
Undocumented Immigrant ◽  
Undocumented Migrants ◽  
Immigrant Rights ◽  
Considerable Success ◽  
American Immigrant ◽  
Immigrant Rights Movement ◽  
The Media ◽  
The U.S

Undocumented immigrant youths, known as the Dreamers, rose to exceptional prominence in the American immigrant rights movement in the 2000s and 2010s. The Dreamers had considerable success in presenting themselves as assimilated and hard-working patriots worthy of regularization. While this strategy worked well in the media and politics, it also created a distance between the Dreamers and less privileged groups of undocumented immigrants. In 2013, just when they were widely recognized as legitimate, the Dreamers made the remarkable move to change their strategy: rather than presenting themselves as model immigrants uniquely worthy of regularization, they began mobilizing for policies benefiting all undocumented migrants. By documenting and explaining this change in strategy, this paper addresses the broader question of what separates and binds privileged and underprivileged subgroups in social movements.

scholarly journals Perbandingan Hukum Peradilan Tata Usaha Negara dan Verwaltungsgerecht sebagai Perlindungan Hukum Rakyat

2019 ◽  
Vol 21 (1) ◽  
pp. 1-22
Author(s):  
Dani Habibi
Keyword(s):  
Justice System ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Court System ◽  
Legal Research ◽  
Judicial Process ◽  
Comparison Approach ◽  
The Difference ◽  
The Government

Permasalahan hukum yang akan dibahas dalam tulisan ini mengenai gambaran sistem Peradilan Tata Usaha Negara Jerman dan Peradilan Tata Usaha Negara di Indonesia. Sistem Peradilan Tata Usaha Negara Jerman pada hakikatnya sama dengan sistem Peradilan Tata Usaha Negara di Indonesia. Sistem tersebut dapat dilihat dari adanya jenjang sistem peradilan mulai dari tingkat pertama, tingkat banding, dan tingkat akhir atau kasasi. Selain itu akan diulas berkaitan dengan proses peradilan, dasar-dasar dilakukannya gugatan yang diajukan terhadap pemerintah serta cara pelaksanaan proses peradilan tata usaha negara di masing-masing negara. Metode penelitian adalah penelitian hukum normatif dengan pendekatan peraturan perundang-undangan dan perbandingan hukum. Tujuan dari penelitian ini untuk mengetahui sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta mengetahui perbedaam sistem Peradilan Tata Usaha Negara baik di Indonesia maupun di Jerman serta melakukan suatu pembaruan sistem Peradilan Tata Usaha Negara di Indonesia sebagai bentuk suatu perlindungan hukum kepada rakyat A Comparative Law of Administrative Court and Verwaltungsrecht as a Form of Legal Protection to People Legal issues that will be discussed in this paper regarding the description of the Germany Administrative Court system and the Indonesia Administrative Court system. Generally, There are similarities between the Administrative Court system in Germany and in Indonesia. It can be seen from the level of the justice system starting from the first level, the appeal level and the final level or cassation. In addition, this paper will review the judicial process, the basics of lawsuit against the government and how to implement the state administrative court processes in each country. The research method is normative legal research with legislation and legal comparison approach. The purpose of this research is to find out the Administrative Court System and to know the difference between the Administrative Courts System both in Indonesia and in Germany and also to reform the Administrative Court system in Indonesia as a form of legal protection for people.

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