The Crime of Freedom

2018 ◽  
pp. 217-246
Author(s):  
Adam Malka

Slavery in Maryland died during the 1860s, but for all of their promise the changes also brought heartbreak. As Chapter 7 shows, black men’s acquisition of a fuller bundle of property rights and legal protections brought them into conflict with the very criminal justice system built to guard those rights and ensure those protections. White commentators scoffed at black men’s supposed indolence and bristled at their households’ apparent disorder; police officers arrested black Baltimoreans for an expanding list of crimes; and black people, black men in particular, were incarcerated at growing rates. During the years immediately following the Civil War, Baltimore’s policemen and prisons perpetrated a form of racial violence that was different from yet indicative of the violence inflicted by the old order’s vigilantes. Castigated as criminals, freedmen’s legal victories provoked a form of policing reserved for the truly free.

2018 ◽  
Vol 52 (1) ◽  
pp. 76-93 ◽  
Author(s):  
Alison Gerard ◽  
Andrew McGrath ◽  
Emma Colvin ◽  
Kath McFarlane

Evidence from both Australian and international jurisdictions show that children in residential care are over-represented in the criminal justice system. In the current study, we interviewed 46 professionals who had contact with young people in residential care settings in New South Wales, Australia. Our sample included police officers, residential care service providers, legal aid lawyers and juvenile justice workers, about their perceptions of the link between residential care and contact with the criminal justice system. Factors identified by the participants included the care environment itself, use of police as a behavioural management tool, deficient staff training and inadequate policies and funding to address the over-representation. These factors, combined with the legacy of Australia’s colonial past, were a particularly potent source of criminalisation for Aboriginal children in care.


2018 ◽  
pp. 142-161
Author(s):  
Nikki Jones

Chapter 5 tells the story of Jay, one of several young men that Eric and his group tried to support shortly in his efforts to break free from the criminal justice system. I first met Jay when he was in his early twenties. He was just beginning to construct the kind of narrative and life that would lead him away from the street. Five years after our first meeting, I found myself speaking at Jay’s funeral. This chapter reveals the limitations of buffer-and-bridge work when it comes to changing the life trajectory of young men like Jay and highlights the limitations of the crime-fighting community when it comes to protecting Black youth from violence. The chapter provides a compelling illustration of how and why individualistic efforts at transformation or narrowly focused calls for the redemption of Black men in general and Black fathers in particular – narratives often embraced by a variety of community residents – will always fall short of delivering young people from the various forms of violence that shape their adolescence.


2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.


Author(s):  
Alexis Forbes ◽  
Kevin L. Nadal

This chapter describes transwomen’s experiences in diverse arenas of the criminal justice system, including law enforcement and corrections. Specifically, it describes transwomen’s encounters with police officers and their mistreatment while in custody. Criminalization, police violence, and micro-aggressions are discussed as strategies for enforcing gender conformity. This chapter highlights the unique social and health care needs of transwomen and their vulnerability to harassment, hate crimes, intimate partner violence, and police profiling in the community. It also discusses recent legal decisions and implications for gender-affirming treatment in detention facilities. Lastly, the chapter provides recommendations for increasing awareness of transwomen’s issues and for promoting gender-affirming practices in diverse arenas of the criminal justice system.


2003 ◽  
Vol 27 (1) ◽  
pp. 109-136 ◽  
Author(s):  
David Wolcott

Progressive Era campaigns to establish juvenile courts maintained that police and criminal courts failed to distinguish between children and adults. They suggested that law enforcement agencies either sentenced juveniles as if they were adults, imposing excessive punishments, or let kids go, failing to discipline them and encouraging them to commit further crimes. However, this case study of juvenile arrests in turn-of-the-century Detroit indicates that, before the creation of juvenile court, criminal justice institutions had more complex interactions with delinquent youth than has been recognized previously. Boys typically were arrested for very different offenses than were adults, and the police and courts often segregated children and adolescents from the harshest elements of the criminal justice system. The police sought every opportunity to decide the outcome of juvenile arrests themselves, without a court hearing, particularly if boys had committed only status offenses such as truancy or if crime victims decided not to prosecute. When juveniles did appear in criminal courts, judges found ways to soften their experiences, rarely jailing younger boys and instead sentencing some to reform school for ostensible rehabilitation. After 1900, efforts to protect young offenders from criminal justice institutions expanded as specially assigned police officers increasingly sought to discipline delinquents prior to arrest and the courts introduced an unofficial form of probation. Rather than constituting a break from the past, the creation of Detroit’s juvenile court in 1907 mainly made official juvenile offenders’ growing separation from the criminal justice system.


2020 ◽  
Vol 44 (2) ◽  
pp. 87-97 ◽  
Author(s):  
Robert O Motley ◽  
Yu-Chih Chen ◽  
Carnayla Johnson ◽  
Sean Joe

Abstract The prevalence of community-based violence (CBV) exposure among black American male emerging adults ages 18 to 25 with a history of involvement with the criminal justice system is a major public health concern. Although exposure (whether as victim or witness) to CBV is linked with negative outcomes, empirical research examining black men’s negative emotional responses to seeing videos of real-life incidents of CBV on social media is scant. To address these identified concerns and make recommendations for future research, the present study examines the relationship between seeing videos of CBV on social media and three types of negative emotional responses (that is, feeling sad, angry, and fearful) prior to incarceration among a sample of 101 black men detained in a midwestern jail. Social media use and seeing videos of CBV on social media were moderately high for study participants. Seeing a video involving police violence was significantly associated with an increase in the odds of feeling sad, angry, and fearful. Social media research is an emerging area that has the potential to advance our understanding of the impact of seeing social media videos of police violence on the well-being of black men and factors that mediate or moderate this relationship.


2016 ◽  
Vol 20 (1) ◽  
pp. 151-182
Author(s):  
Monika Kareniauskaitė

The aim of the article is to analyse the Soviet definition of crime, the structure and logic of Soviet criminal law, and the system of criminal prosecution developed by the Bolsheviks after the October Revolution of 1917, consolidated during the NEP and collectivisation, and reformed by Stalin and Andrey Vyshinsky in the mid-1930s. The research also examines the impact that these concepts, ideas, institutions, legal norms and practices had on newly occupied Soviet colonies, focusing on the case of the LSSR. First of all, the research demonstrates that the main laws, institutions and actors in the Soviet criminal justice system which functioned until the mid-1950s without radical changes were invented and defined just after the Revolution, Civil War and NEP. Impacted by Marxist philosophy, by the traditional Russian peasant mentality and pre-revolutionary Bolshevik experiences, the early Bolshevik criminal justice system already had features which became crucial to the implementation of Stalinist mass repressions. For instance, the criminal code of the RSFSR defined a crime as any act or omission dangerous to the Soviet order and state, but not as an act or omission prohibited by law – this was possible due to the ‘principle of analogy’. The criminal code of 1926, based on Bolshevik legal norms from the period of the Revolution and the Russian Civil War, was not replaced during the legal reform of the mid-1930s. The very same system was transferred to the Lithuanian SSR after the occupation. Despite some institutional differences, the main features did not vary from that of the RSFSR, and the two were linked in the common system, the Russian one having hierarchical superiority. ‘Union’ laws prevailed over republican ones. But in the LSSR, the process of colonisation in the field of the criminal justice system was difficult, due to the strong armed anti-Soviet resistance, and the lack of well-educated and loyal Soviet legal personnel.


2018 ◽  
Author(s):  
husain kasim

This study aims to: 1) knowing the basic law enforcement restorative justice approach in handling criminal acts riots, 2) to know how to implement a restorative justice approach and the factors that influenceThe experiment was conducted at the Police Resort Ternate, North Maluku province, with a population of security officers who work directly handling and protection against acts of mass violence with less sampling as many as 50 people through random sampling techniques. Data were collected by questionnaire and interview techniques. Data analysis was performed using qualitative descriptive analysis and interpretation.The results showed that: 1) The perpetrator of criminal acts of rioting should be avoided from the formal criminal justice system. The best solution that must be done is through the act of diversion (transfer) the completion of its case outside the criminal justice system, but there is no definite legal basis for implementing diversion measures in addition to referring to the Law 2 of 2002, which only specifies that police officers have the authority of police discretion. 2) Treatment of the criminal action in a dispute over the election unrest in North Maluku, which was held on Sat. Criminal Police Ternate is through mediation. This means that the principle of restorative justice has been implemented on Sat. Criminal Police Ternate, however, efforts to address criminal acts there are influences from the substance of the law, law enforcement officers, legal culture of society and their own community.


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