scholarly journals Access to Criminal Justice

2016 ◽  
Vol 3 (3) ◽  
pp. 515-536
Author(s):  
Bruce A. Green
Keyword(s):  
Criminal Justice ◽  
Essential Role ◽  
Access To Justice ◽  
Civil Justice ◽  
Civil Cases ◽  
The Individual

When the organized bar talks about "access to justice," it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors’ responsibility. This essay argues that the bar should take a stronger role in elaborating prosecutorial norms, particularly in the context of miscarriages of justice both on the individual and systemic levels. When people are denied access to criminal justice, the bar should ask, "Where were the prosecutors?"

From Society to Self (and Back) through Place: Habit in Transactional Context

2007 ◽  
Vol 27 (1_suppl) ◽  
pp. 50S-59S ◽  
Author(s):  
Malcolm P. Cutchin
Keyword(s):  
Essential Role ◽  
The Social ◽  
Moral Dimensions ◽  
The Individual

This argument extends the efforts of scholars of occupation and habit in several ways. It extends previous examinations of John Dewey's perspective on habit by bringing to the forefront his view of the social and moral dimensions of habit in the context of his larger metaphysical ground-map. That view suggests a habit process involving the transaction of the social and the individual, with habit as central to that transaction. Dewey's view is further enhanced with a portrayal of how it operates in the material experience of place and landscape. Examples from several scales of place are discussed to illustrate the essential role of material landscapes in this habit process. Using these analyses, the concept of rehabilitation is reconsidered.

Israel’s Unwillingness? The Follow-Up Investigations to the UN Gaza Conflict Report and International Criminal Justice

2012 ◽  
Vol 12 (5) ◽  
pp. 905-935 ◽  
Author(s):  
Valentina Azarov ◽  
Sharon Weill
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Standards ◽  
Access To Justice ◽  
International Criminal Justice ◽  
Complementarity Principle ◽  
International Crimes ◽  
Recent Developments

Following Israel’s ‘Operation Cast Lead’, the UN called upon the Israeli and Palestinian authorities to conduct investigations and prosecutions of international crimes in accordance with international standards. The measures that the Israeli authorities undertook, when carefully examined, fall short of international standards. When examined under the lens of the admissibility criteria of the complementarity principle under Article 17 of the ICC Statute, this deficient practice emerges as part of a broader policy intended to shield perpetrators and maintain a climate of impunity for those committing international crimes. The need to find alternative avenues to provide victims with access to justice calls for an interrogation of the role of international criminal justice mechanisms, such as the ICC, in the Palestinian-Israeli conflict. This article examines recent developments concerning Israel’s investigations under the criteria set out by the complementarity principle.

scholarly journals Social Technologies and Principles of Criminal Justice in the Context of its Digitalization

Lex Russica ◽  
2020 ◽  
pp. 84-92
Author(s):  
V. I. Przhilenskiy
Keyword(s):  
Criminal Justice ◽  
Social Relations ◽  
Social Engineering ◽  
Criminal Proceedings ◽  
Social Technologies ◽  
The Individual ◽  
Methodological Guidelines ◽  
The Relationship ◽  
Gradual Transformation

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.

scholarly journals Victims of crime

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Khắc Hải Nguyễn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Routine Activity ◽  
Access To Justice ◽  
Fair Treatment ◽  
Victims Of Crime ◽  
Definition Of ◽  
Core Issues

Research clarifies basic issues related to victims of crime as a social and legal phenomenon. Study gives definition of victims of crime, analyses victimization and its causes developed rely on theories as lifestyle model, routine activity approach and opportunity. Besides, the article studies international standard and the rights of victims like access to justice and fair treatment, restitution, compensation, and assistance. The role of victims of crime in criminal justice system and government’s responsibility are also core issues mentioned in the research. 

Islamic jurisprudence and the role of the accused: a re-examination

Legal Studies ◽  
2003 ◽  
Vol 23 (4) ◽  
pp. 587-604
Author(s):  
S A Farrar
Keyword(s):  
Criminal Justice ◽  
Western Tradition ◽  
Methods Of Analysis ◽  
Islamic Jurisprudence ◽  
Critical Scrutiny ◽  
The Individual ◽  
Constitutional Protections

This paper re-examines the Orientalist view that Islamic criminal justice operates without any constitutional protections for the individual. It takes the works of Noel Coulson as representative of the canon and subjects them to critical scrutiny. Rather than mimic Orientalist methods of analysis, the author integrates the views of a contemporary, but traditional Islamic scholar, and demonstrates that an accused receives similar, if not more, protection than in a secular, Western tradition.

scholarly journals A BALANCING ACT FOR THE PROSECUTOR: Restorative justice, criminal justice and access to justice

2016 ◽  
Author(s):  
Hema Hargovan
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Correctional Facilities ◽  
Access To Justice ◽  
Kwazulu Natal ◽  
Popular Television ◽  
Trial Phase

An international appraisal of prosecutors’ perceptions depicts a uniform tendency for prosecutors to see their role as one of ‘presenting evidence in court to get convictions, rather than promoting problem solving’. Many young law graduates dream of a courtroom battle similar to those in popular television series, which tend to glorify the role of the prosecutor in a dramatic depiction of good versus bad. However, reality soon sets in regarding the numerous challenges faced in the criminal justice system. Court backlogs, high case loads, delays in processing huge numbers of remand offenders, and overcrowded correctional facilities plague the system. It is probably within this context that restorative approaches to justice in the pre-trial phase became attractive for the South African prosecutor. This article examines prosecutorial engagement with restorative approaches to justice, and more specifically the KwaZulu-Natal Justice and Restoration Programme.

scholarly journals Mediation Practices in Post-Conflict Situation in Nepal: The Way Forward

2020 ◽  
Vol 2 (2) ◽  
pp. 279-301
Author(s):  
Sambid Bilas Pant
Keyword(s):  
Local Government ◽  
Conflict Situation ◽  
Access To Justice ◽  
Community Mediation ◽  
Post Conflict ◽  
Sustainable Peace ◽  
Peace Settlement ◽  
The Individual ◽  
Made In

This paper aims to critically examine the increasing role of community mediation in the post-conflict situation in Nepal. The practice of community mediation at the professional level is in a preliminary stage in Nepal. Regardingthe peace settlement process and the state of community mediation in different countries, various efforts have been made in Nepal regarding community mediation. The country is gradually advancing towards community mediation practices in ensuring access to justice. Community mediation has been practiced for resolving disputes or conflict through the judicial committees (JCs) formed under the local government. The practices of conflicts or disputes resolution through community mediation have begun in Nepal at the individual or family level, school or community level, or at workplace. It is, therefore, vital to prevent the recurrence of conflicts or disputes through community mediation to ensure sustainable peace. Various efforts have been made to build the capacity of individuals and agencies to settle disputes and to ensure mutual trust and cooperation in Nepal. In the changing context, confronting COVID 19, building awareness, providing education and training to the mediators for community mediation is vital to execute JC practice in Nepal. Community mediation as an important aspect in ensuring sustainable peace in the spirit of the local government act is, therefore, very essential in Nepal.

Small Claims

2006 ◽  
Author(s):  
James E. Shaw
Keyword(s):  
Criminal Justice ◽  
Alternative View ◽  
Ordinary People ◽  
Civil Justice ◽  
Market Rules ◽  
Small Claims ◽  
Legal Costs ◽  
The Law

While criminal justice emphasizes the role of law as an instrument of control, the study of civil justice presents an alternative view of the law as a resource. The criminal branch of the Giustizia Vecchia enforced market rules in partnership with the guilds, but parallel to this was a civil branch that considered private disputes. This chapter examines how far this civil justice was accessible to ordinary people. In particular, it asks whether the Giustizia Vecchia can be defined as a court of equity or as a court of law, and analyses the practical consequences of this for ordinary people. The vast majority of lawsuits fall into the category of small claims, defined in Venice as those worth up to 50 ducats. It was to keep legal costs down as far as possible, even if this meant accepting lower standards of justice.

DIY Fraud Investigation and Access to Justice: A Case Study

2020 ◽  
Author(s):  
David Shepherd
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Access To Justice ◽  
Limited Capacity ◽  
Civil Justice ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Justice Systems ◽  
The Uk

Abstract Access to justice for fraud victims remains an enduring problem in the UK. Law enforcement agencies have limited capacity and capabilities for delivering criminal justice. Civil justice is so expensive that it is only an option for those with deep pockets or lucky enough to find competent professionals who are willing to work under a conditional fee arrangement (no-win-no-fee). This article describes the progress of a fraud case from a victim’s perspective through both the criminal and civil justice systems in the UK. The experiences describe incompetence in law enforcement, dishonesty and incompetence amongst lawyers and other professionals, and fractured, self-centred justice systems that poorly serve the public in England and Wales.

WHY ONLY THE STATE MAY INFLICT CRIMINAL SANCTIONS: THE CASE AGAINST PRIVATELY INFLICTED SANCTIONS

Legal Theory ◽  
2008 ◽  
Vol 14 (2) ◽  
pp. 113-133 ◽  
Author(s):  
Alon Harel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Private Prisons ◽  
Criminal Sanctions ◽  
Role Of The State ◽  
The Individual ◽  
Private Individual

Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction (for violating a state-issued prohibition) on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction.

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