Środki zabezpieczające dla sprawców przestępstw popełnionych w związku z uzależnieniem w świetle ustawy z dnia 20 lutego 2015 r. o zmianie ustawy – Kodeks karny oraz niektórych innych ustaw – „noweli lutowej”

2019 ◽  
Vol 78 ◽  
pp. 474-496
Author(s):  
Maciej Tygielski
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Preventive Measures ◽  
Security Measures ◽  
Actual Position ◽  
Administration Of Justice ◽  
Efficiency And Effectiveness

This article is focused on the actual position of security measures applicable to addicted offenders in the criminal justice system as well as in the Polish penal debate. The most important problems that occurred in this context were: intersection of medical and juridical authorities in administration of justice (with domination of the experts appointed by the court), protection of the inmates rights and the possibilities of reduction of the isolation penalties and introducing forms of penal reaction that are adapted to specific criminal etiology. Reflections regarding the amendment that took effect on the 1 of July 2015 were conducted in the fields of law-abidingness, efficiency and effectiveness of the preventive measures. The obtained results allow to appraise positively such specific solutions in general, but also show their limits, organizational difficulties and potential threats.

scholarly journals Discreet Discretion and Moderate Moderation in Judicial Sentencing: A commentary on Kenya’s Sentencing Policy Guidelines, 2016

2017 ◽  
Vol 3 (1) ◽  
pp. 89-112
Author(s):  
Harrison O Mbori
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Cultural Development ◽  
Judicial System ◽  
Sentencing Guidelines ◽  
Criminal Sentencing ◽  
Administration Of Justice ◽  
Sentencing Policy

Criminal sentencing is an integral part in any judicial system for the fair administration of justice. The process of sentencing and the standards applied by judicial officers has, however, been a notoriously difficult component in many criminal law systems. In Kenya, sentencing has been blamed as one of the sources of ‘popular dissatisfaction with the administration of justice’ to borrow from Roscoe Pound. This was the impetus for the Kenyan Judiciary to introduce the Sentencing Policy Guidelines, 2016 (SPGs). This paper is a general commentary, critique, and analysis of the SPGs. The author argues that SPGs come at an instructive epoch in Kenya’s economic, socio-political, and cultural development. This contribution is not a polemic on the Kenyan SPGs. The commentary makes sideglances to various jurisdictions that have had a longer experience with sentencing guidelines. The article forecasts that Kenyan SPGs will, despite its few shortcomings, nevertheless, prove to be important for all judicial officers involved in Kenya’s criminal justice system.

Efficiency and effectiveness of the penitentiary system: assessment and planning

2021 ◽  
Author(s):  
Valeriy Terehin ◽  
Viktor Chernyshov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Losses ◽  
Educational Institutions ◽  
Penal System ◽  
Law Enforcement Agencies ◽  
Predictive Values ◽  
The Public ◽  
Efficiency And Effectiveness

The issues of setting goals, planning and forming a system of indicators of the effectiveness and efficiency of the penal system are considered. The criteria for determining the goals-tasks that are adequate to the public goals of the system are justified. Quantitative indicators corresponding to the criteria were developed, based on the contribution of the criminal justice System to reducing the socio-economic losses of society from recidivism. The contribution of the system is determined by changes in the criminal potential of convicted persons during the period of serving a sentence under a court sentence. Criminal potentials are estimated by predictive values of the aggregate of three groups of characteristics of the criminal potential of convicts, determined by the stages of the cycle of recidivism. The practical results of the use of sound methods and developed tools are based on the use of a significant amount of empirical data on the institutions of the criminal justice system and its systematic expert and statistical analysis. The monograph is a generalization and development of the works carried out by the authors during 2012-2017 in the process of preparing masters of Management for the penal system. It is intended for managers and specialists of the bodies and institutions of the Criminal Justice System, researchers, teachers of higher educational institutions who train specialists for law enforcement agencies.

Guilty Until Proved Innocent: Wrongful Conviction and Public Policy

1986 ◽  
Vol 32 (4) ◽  
pp. 518-544 ◽  
Author(s):  
C. Ronald Huff ◽  
Arye Rattner ◽  
Edward Sagarin ◽  
Donal E. J. MacNamara
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy Implications ◽  
Innocent Person ◽  
Wrongful Conviction ◽  
Extant Literature ◽  
Efficiency And Effectiveness ◽  
The Subject

Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction—the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because of our understandable concern with the efficiency and effectiveness of the criminal justice system in combatting crime. Drawing on our own database of nearly 500 cases of wrongful conviction, our survey of criminal justice officials, and our review of extant literature on the subject, we address three major questions: (1) How frequent is wrongful conviction? (2) What are its major causes? and (3) What policy implications may be derived from this study?

CORRUPTION IN THE PENAL SYSTEM: CRIMINOLOGICAL ASPECTS

2021 ◽  
pp. 71-75
Author(s):  
Сергей Андреевич Сивцов
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Preventive Measures ◽  
Point Of View ◽  
Broad Sense ◽  
Criminal Investigation ◽  
Penal System ◽  
Illegal Acts ◽  
Main Component

В статье рассматриваются коррупционные проявления в уголовно-исполнительной системе России с криминологической точки зрения, проведен анализ причин и условий совершения коррупционных преступлений и меры профилактики. Приводятся мнения ученых-юристов о понятии коррупции, которое рассматривается как в узком, так и в широком смысле слова. Автором утверждается, что коррупция в большей мере выступает как социальное и криминологическое, чем правовое явление, поэтому рассматривать ее в рамках конкретных совершенных преступлений неверно, необходимо анализировать совокупность противоправных деяний с учетом их особенностей, а также причины и условия их совершения. Автор отмечает, что пенитенциарная преступность делится на две категории: на общеуголовную преступность (преступления, совершаемые осужденными) и иную преступность, основной составляющей которой выступает коррупционная преступность в учреждениях и органах УИС. На основе изучения криминологических научных источников автор предлагает классифицировать факторы совершения коррупционных преступлений сотрудниками УИС: факторы, присущие всем коррупционным преступлениям; и факторы, присущие пенитенциарной коррупции. В представленной статье автором указывается на недостаточность антикоррупционных механизмов. Комплекс предпринимаемых мер противодействия коррупции необходимо совершенствовать и расширять. The article examines corruption manifestations in the Russian Penal System from a criminological point of view, analyzes the causes and conditions of corruption crimes and preventive measures. The opinions of legal scholars on the concept of corruption, the content of the concept of corruption are given, it is considered both in the narrow and in the broad sense of the word. The author argues that Corruption acts more as a social and criminological phenomenon than a legal one, therefore it is not correct to consider it within the framework of specific crimes committed, it is necessary to analyze the totality of illegal acts taking into account their characteristics, as well as the causes and conditions of their commission. The author notes that penitentiary crime is divided into two categories: crimes committed by convicts (ordinary crime) and other crime, the main component of which is corruption crime in institutions and bodies of the criminal justice system. Based on the study of criminological scientific sources, the author proposes to classify the factors of corruption crimes committed by the employees of the Criminal Investigation Department: factors inherent in all corruption crimes; and factors inherent in penitentiary corruption. In the presented article, the author points out the insufficiency of anti-corruption mechanisms. The range of anti-corruption measures taken needs to be improved and expanded.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

scholarly journals RESTORATIVE JUSTICE: BRINGING JUSTICE FOR CRIME VICTIMS?

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
PN Makiwane
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Therapeutic Jurisprudence ◽  
Crime Victim ◽  
Meaningful Participation ◽  
Administration Of Justice

To date, South Africa’s criminal justice system has been about crime and the punishment of offenders, and not about redress for crime victims. This can be ascribed to the nature of a criminal system that perceives crime to be a matter between the State and the accused, with the victim playing the marginal role of a witness. The retributive nature of our criminal justice has played a crucial role in the marginalization of the very person who was victimized, namely the crime victim. A number of countries have recently developed practices of restorative justice and therapeutic jurisprudence that have introduced an all-inclusive justice system that allows for participation by offenders, crime victims, their family members, the community and the State. Sadly, our country has been but tentative in its acceptance of restorative justice processes, with only a few thousands of individuals having benefitted from it since its inception. Although restorative justice is acclaimed as a system that allows for meaningful participation of victims in criminal processes, the author argues that the system favours mostly offenders, young offenders in particular, and is applied in respect of minor offences. For serious crimes, courts have been reluctant to embrace restorative justice processes, preferring to revert to the retributive system which is believed to have failed in reducing the crime rate in any country. In this article the author develops the idea that a lukewarm reception of restorative processes is detrimental to the administration of justice. It defeats the very purpose of victim involvement in the criminal justice system, and deprives the crime victim of the very benefits restorative justice is acclaimed for, namely healing and satisfaction.

scholarly journals Psychiatric defence of a Nigerian minor with intellectual disability and co-morbid mental illness: An exploration into legal grounds

Temida ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 229-239
Author(s):  
Oluyemi Akanni ◽  
Nosa Igbinomwanhia
Keyword(s):  
Mental Illness ◽  
Intellectual Disability ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Psychiatric Service ◽  
Administration Of Justice ◽  
The Subject ◽  
A Minor ◽  
The Relationship

People with intellectual disability and co-morbid serious mental illness are sometimes involved as perpetrators of an offence and suffer exploitation in the criminal justice system. Understanding the link between mental illness and crime and the experience of an accused deserves attention because it may be essential in the administration of justice. The subject of this paper is the experience of a 17-year-old boy, suffering from both intellectual disability and schizophrenia, who was accused of theft and charged to court. The aim is to show how psychiatric services can be helpful in the disposal of court sentences for a minor. The relationship between his mental illness (with a focus on intellectual disability) and crime, and potential victimization in the criminal justice system is discussed. We advocate for awareness on the part of the legal system in the protection of people with intellectual disability from being victimized and recommend the need for psychiatric service to educate the court on the stringent application of the insanity rule.

scholarly journals Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America

2018 ◽  
Vol 46 (2) ◽  
pp. 110-119
Author(s):  
Oludayo John Bamgbose
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Attorney General ◽  
Criminal Procedure ◽  
The United States ◽  
Direct Response ◽  
Procedure Code ◽  
Administration Of Justice ◽  
Effective Administration

A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.

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