scholarly journals Suivre à la trace

2020 ◽  
Vol 25 ◽  
pp. 74-89
Author(s):  
Sallée Nicolas ◽  
Mohammed Aziz Mestiri ◽  
Jade Bourdages
Keyword(s):  
At Risk ◽  
Risk Management ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Computer Software ◽  
The Other ◽  
Management Approach ◽  
Support Practices ◽  
The One

Based on data collected in Montreal, this article looks at the tensions underlying the supervision of young delinquents in the community. More specifically, it questions what happens to support practices in the context of a risk management approach that aims to intensify the monitoring of youths previously targeted as being most at risk of recidivism. To this end, it proposes to study the data resulting from the systematic recording, by the monitoring agents (known as “youth delegates”), of written traces of their activity in computer software dedicated to the traceability of the intervention. It then analyzes the double responsabilization strategy that the content of the software displays. This strategy rests, on the one hand, on the youth themselves, who are called upon to act as the main actors responsible for change, and, on the other hand, on the actors of their environment, in particular their parents, who are asked to collaborate with the youth delegates and, as such, are likely to be recruited as back-up workers for the criminal justice system.

scholarly journals Diversion, Rights and Social Justice

Youth Justice ◽  
2020 ◽  
pp. 147322542090284 ◽  
Author(s):  
Roger Smith
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Children's Rights ◽  
The Other ◽  
Delinquent Behaviour ◽  
Justice Model ◽  
The One

This article draws on historical understandings and contemporary models of diversion in order to develop a critical framework and agenda for progressive practice. The argument essentially revolves around the contention that typically diversionary interventions have been constrained by the contextual and ideological frames within which they operate. They have in some cases been highly successful in reducing the numbers of young people being drawn into the formal criminal justice system; however, this has largely been achieved pragmatically, by way of an accommodation with the prevailing logic of penal practices. Young people have been diverted at least partly because they have been ascribed a lesser level of responsibility for their actions, whether by virtue of age or other factors to which their delinquent behaviour is attributed. This ultimately sets limits to diversion, on the one hand, and also offers additional legitimacy to the further criminalisation of those who are not successfully ‘diverted’, on the other. By contrast, the article concludes that a ‘social justice’ model of diversion must ground its arguments in principles of children’s rights and the values of inclusion and anti-oppressive practice.

Reductivism, Retributivism, and the Civil Detention of Dangerous Offenders

Utilitas ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 131-146
Author(s):  
David Wood
Keyword(s):  
Criminal Justice ◽  
Harm Reduction ◽  
Criminal Justice System ◽  
Justice System ◽  
The Other ◽  
Social Harm ◽  
Reduction System ◽  
Dangerous Offenders ◽  
Theories Of Punishment ◽  
The One

The paper examines one objection to the suggestion that, rather than being subjected to extended prison sentences on the one hand, or simply released on the other, dangerous offenders should be in principle liable to some form of civil detention on completion of their normal sentences. This objection raises the spectre of a ‘social harm reduction system’, pursuing various reductivist means outside the criminal justice system. The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. The paper attempts to refute the objection by holding that a wedge can be driven between incapacitation and other reductivist measures, and hints at a possibly new version of dualism in the process.

scholarly journals From a Search for Rangatiratanga to a Struggle for Survival - Criminal Justice, the State and Māori, 1985 to 2015. The 2015 JD Stout Lecture

2016 ◽  
Author(s):  
Kim Workman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
The Other ◽  
Youth Justice ◽  
The One ◽  
The Relationship

In this presentation, I consider not only the relationship between Māori and the state, but the response of key criminal justice agencies to the surge of Māori confidence in the 1970’s and 80’s, and desire to take control of their own destiny – the Māori renaissance as it became known.  How did the Police, the prisons and the youth justice system respond to this call for rangatiratanga?  How easily did it respond to the idea that Māori, far from being passive recipients of the criminal justice system, wanted a piece of the action? How well did the operational reality meld with, on the one hand, the state’s vision of a bicultural nation, and on the other, the Māori vision for a measure of autonomy, a rangatiratanga not realised in any earlier constitutional or political arrangements?

Suspended Sentences in Spain: An Alternative to Prison or a “Bargaining Chip” in Plea Negotiations?

2020 ◽  
Vol 28 (4) ◽  
pp. 354-378
Author(s):  
Daniel Varona ◽  
Steven Kemp
Keyword(s):  
Regression Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
The Other ◽  
European Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The One

Abstract Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.

Estimating Risks of Arrest and Criminal Populations: Regression Adjustments to Capture–Recapture Models

2018 ◽  
Vol 65 (13) ◽  
pp. 1767-1797
Author(s):  
Martin Bouchard ◽  
Carlo Morselli ◽  
Mitch Macdonald ◽  
Owen Gallupe ◽  
Sheldon Zhang ◽  
...  
Keyword(s):  
At Risk ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Age And Gender ◽  
Offense Type ◽  
Visible Part ◽  
Capture Recapture ◽  
And Gender ◽  
Official Data

The size of criminal populations is unknown, and policy decisions are typically based only on the number of offenses and offenders that come to the attention of the criminal justice system. However, the size of criminal populations may follow different trends than what is observed in official data. We use a regression-adjusted capture–recapture model to estimate the number of people at risk of arrest for offenses involving amphetamine-type stimulants (ATS) from arrests and rearrests occurring in Quebec, Canada, controlling for year of first arrest, age, and gender. The 4,989 individuals arrested were the visible part of an estimated 42,541 [36,936, 48,145] individuals otherwise at risk of arrest (12%). Additional results show that trends in criminal populations and risks of arrest vary across offense type and drug classifications.

scholarly journals ¿Cómo influye el tamaño del campo de texto en las respuestas a preguntas abiertas? Evidencias de un diseño experimental/The influence of box size on responses to open-ended questions: Results from a split-ballot experiment

2018 ◽  
Vol 23 (2) ◽  
pp. 1
Author(s):  
Carmen María León ◽  
Eva Aizpurúa ◽  
David Vázquez
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Response Times ◽  
Questionnaire Design ◽  
The Other ◽  
Visual Design ◽  
Self Administered Questionnaire

RESUMENEl diseño visual de los cuestionarios puede afectar a la calidad de los datos obtenidos, especialmente cuando se formulan preguntas abiertas donde los encuestados responden con sus propias palabras. En este trabajo se analizan los efectos de manipular el tamaño del espacio proporcionado para la respuesta en un conjunto de preguntas abiertas incluidas en un cuestionario auto-administrado sobre opiniones hacia la administración de justicia en España. Para ello se recurrió a un experimento split-ballot, dividiendo la muestra (N = 100) en dos mitades equivalentes que recibieron dos cuestionarios con el mismo contenido, pero con diferentes tamaños de campo de respuesta (pequeño y grande) en 16 preguntas abiertas. Los resultados muestran que los participantes que recibieron campos de texto grandes escribieron un mayor número de palabras en sus respuestas. Sin embargo, la manipulación en el campo de texto no influyó en 1) el número de temas abordados; ni en 2) el tiempo empleado para cumplimentar los cuestionarios. Sobre la base ABSTRACTThe visual design of questionnaires can affect the quality of the data obtained, especially when asking open-ended questions that respondents answer in their own words. In this paper, we analyze the effects of manipulating the size of the text boxes provided for answers to a set of open-ended questions in a self-administered questionnaire about opinions of the Criminal Justice system in Spain. For this, a split-ballot experiment was conducted dividing the sample (N = 100) into two equivalent halves. One half received questionnaires with small box sizes for the answers to the 16 open-ended questions while the other half received questionnaires with larger box sizes. The content on the questionnaires was the same. The results showed that those participants who received larger text boxes provided longer answers. However, manipulation of the text box did not influence 1) the number of issues addressed; or 2) response times. The results and their implications for questionnaire design are discussed.

Current Issues in the Criminal Justice System

2019 ◽  
pp. 1-11
Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Mentally Ill ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Revolving Door ◽  
The Other ◽  
Recidivism Rates ◽  
System P ◽  
Problem Solving Courts

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.

scholarly journals Strategic Incapacitation of Indigenous Dissent: Crowd Theories, Risk Management, and Settler Colonial Policing

2018 ◽  
Vol 43 (4) ◽  
pp. 325-348 ◽  
Author(s):  
Miles Howe ◽  
Jeffrey Monaghan
Keyword(s):  
Risk Management ◽  
Social Movements ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Protest Policing ◽  
Indigenous Social Movements ◽  
The Right ◽  
Management Of Risk

Engaging scholarship from sociologies of security to protest policing, this article explores how risk management and actuarial tools have been operationalized in Canadian policing of Indigenous protests. We detail RCMP actuarial tools used to assess individual and group risk by tracing how these techniques are representative of much older trends in the criminal justice system surrounding the management of risk, but also have been advanced by contemporary databanking and surveillance capacities. Contesting public claims of police impartiality and objectivity, we highlight how the construction of riskiness produces an antagonism towards “successful” Indigenous protests. Though the RCMP regularly claim to “protect and facilitate the right to lawful advocacy, protest and dissent,” we show how these practices of strategic incapacitation exhibit highly antagonistic forms of policing that are grounded in a rationality that seeks to demobilize and delegitimize Indigenous social movements.

“Drugs and AIDS—Reaching for Help”: A Videotape on AIDS and Drug Abuse Prevention for Criminal Justice Populations

1994 ◽  
Vol 24 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Michael Gross ◽  
William DeJong ◽  
Derek Lamb ◽  
Tammy Enos ◽  
Theresa Mason ◽  
...  
Keyword(s):  
At Risk ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Illicit Drugs ◽  
Large Population ◽  
Health Belief ◽  
Drug Abuse Prevention ◽  
Immunodeficiency Virus ◽  
Belief Model

This article describes the development of a videotape targeted at persons under supervision of the criminal justice system. The videotape seeks to encourage those who use illicit drugs to enter drug treatment and to motivate those at risk for exposure to human immunodeficiency virus (HIV) to alter behaviors that may transmit infection. The criminal justice system presents an important opportunity to deliver such messages, particularly to a large population of persons briefly detained in a jail or lockup and released without subsequent incarceration. Evidence suggests that, even in this audience, knowledge of how to prevent exposure to HIV is widespread, yet those at risk often fail to take appropriate precautions: motivating behavior change demands more than imparting information. In order to shape this videotape, we analyzed the target audience and developed a drama-based approach that applies the framework of social learning theory, the health belief model, and principles of social marketing. This article describes the integration of that theoretical framework into the production process, content, and strategy of the videotape.

scholarly journals Les politiques et les pratiques en matière correctionnelle adulte au Québec : 1960-1985

Criminologie ◽  
2005 ◽  
Vol 19 (1) ◽  
pp. 239-259 ◽  
Author(s):  
Maurice Gauthier
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The Other ◽  
Director General ◽  
Assessment And Evaluation ◽  
Philosophical Basis ◽  
Correctional System ◽  
Policies And Practices

To proceed with an account and evaluation of the policies and practices in adult corrections in Quebec from 1960 to 1985 is to cover the period when the most spectacular reforms took place. The article points out that it is only since 1969 that Quebec has a centralized correctional sector under the authority of a director general. Before this date it was the sheriff who, in each of the territorial divisions in which he worked, assumed all correctional responsibility, by law, without any common philosophical basis. Quebec having proceeded with the construction of its adult correctional system step by step, by means of five year plans, the study of the assessment and evaluation of its policies and practices is divided into five year periods. This method has the advantage of furnishing the reader with a detailed view of the entire ascending progression of the correctional sector from 1960 to 1985, as well as its strengths and weaknesses. Above all, it gives the reader an understanding of the philosophical trends that guided its establishment and describes the principal actors and circumstancial events whereby, in the 1980's, the sector has come to function according to a unity of thought, and in a context of complimentarity with the other agencies of the criminal justice system.

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