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Posts tagged Justice
Green Criminology: Capitalism, Green Crime and Justice, and Environmental Destruction

By Michael J. Lynch1, and Michael A. Long2

Green criminology has developed into a criminological subfield with a substantial literature. That literature is so vast that a single review cannot do it justice. This article examines the definition of green crime, the historical development of green criminology, some major areas of green criminological research, and potential future developments. Unlike traditional criminology with its focus on human victims, green criminology recognizes that various living entities can be victims of the ways in which humans harm ecosystems. Green research thus explores crime, victimization, and justice from several theoretical positions that acknowledge these unique victims. Although green criminology contains several approaches, this review primarily focuses on political economic green criminology. The section titled The Definition, Overview, and Historical Development of Green Criminology identifies, but does not review in depth, other forms of green criminology.

Annu. Rev. Criminol. 2022. 5:255–76  

Crime, Justice and Social Capital in The Torres Strait Region

By John Scott, Zoe Staines and James Morton

While there has been much research into Indigenous crime and justice, previous research draws largely on Aboriginal peoples, who are culturally distinct from Torres Strait Islanders. The Torres Strait region offers a unique opportunity to observe how justice is practised in remote contexts. Through statistical analysis and qualitative fieldwork, this study documents crime rates, community and customary justice practices and impediments to justice, to identify best practices unique to the Torres Strait region. Crime-report data indicate relatively low rates of crime in the Torres Strait region. While under-reporting and under-policing can partly explain these differences, strong levels of social capital, as well as unique justice practices, also play important roles in preventing crime in the region.

Trends & issues in crime and criminal justice no. 620. Canberra: Australian Institute of Criminology. 2021. 13p.

Suffering For Justice: Sexual Violence Victim-Survivors’ Experiences of Going to Court and Cross-Examination

By Ania Moroz and Tamar Dinisman

“Looking back now, I wouldn’t have gone to the police, because it is one of the hardest things you can ever do in your whole life. I can’t even sum up in words what it does to you mentally and physically. You can be the world’s strongest person ever in the world, but going to court can break you. It’s awful.” Victim-survivor It is estimated that 1 in 4 women and 1 in 18 men have been subjected to some form of sexual violence since the age of 16 and that 1 in 6 children have been sexually abused.1 The majority of victim-survivors will not report the offence to the police. Of those who do report it, a very low proportion will receive a charge and have their case go to court. The number of victim-survivors of sexual violence who give evidence in trial is not openly available. Nevertheless, the Ministry of Justice (MoJ) data shows that in the year ending June 2023, 11,506 defendants were proceeded against for sexual offences2 and, in 2022–23, 3,004 defendants were charged with rape-related offences.3 This report focuses on the experience of sexual violence victim-survivors where the defendant has been charged and their case has gone through the court process. It focuses on the three main stages of this experience – before, during and after giving evidence – and highlights the main challenges victim-survivors face at each stage. This report also makes recommendations for changes in policy and practice to address these challenges. To meet the aims of the research, a multimethod approach, combining qualitative and quantitative methods, was used. These include: 12 semi-structured interviews with victim survivors; focus groups and interviews with Victim Support sexual violence practitioners; and Victim Support sexual violence cases analysis.

Cardiff: Victim Support, 2024. 63p.  

Is the War on Drugs at Its End? Sobering Lessons from Texas

By Katharine Neill Harris

There were a lot of reasons to think that 2021 would be a pivotal year for criminal justice reform in Texas: widespread popularity of relaxing cannabis laws, public support for addressing police violence and systemic racism in the justice system, and the pandemic turning overcrowded jails from a simmering public health risk into a crisis too big to ignore. Two weeks after a Minneapolis police officer killed George Floyd, a Houston native, Texas Gov. Greg Abbott indicated there was a bipartisan appetite for reform when he floated the idea of a “George Floyd Act, to make sure that we prevent police brutality like this from happening in the future in Texas.” Calling Floyd’s death “the most horrific tragedy [he had] ever personally observed,” the governor insisted that those “who have suffered because of racism for far too long” would lead the way on reform.1 During the 87th legislative session, not only did Governor Abbott neglect these concerns, he actively worked against them, opposing modest proposals to improve the justice system and prioritizing legislation that further harms the very communities he claimed to support. As other states work to address justice system inequities, recent developments in Texas expose the persistent challenges to ending the war on drugs and other policies that propagate systemic racism.

Houston, TX: The Baker Institute, 7p.

Capital Punishment, Clemency and Colonialism in Papua New Guinea, 1954–65

By Murray Chisholm

This study builds on a close examination of an archive of files that advised the Australian Commonwealth Executive on Papua New Guineans found guilty of capital offenses in PNG between 1954 and 1965. These files provide telling insight into conceptions held by officials at different stages of the justice process into justice, savagery and civilization, and colonialism and Australia's role in the world. The particular combination of idealism and self-interest, liberalism and paternalism, and justice and authoritarianism axiomatic to Australian colonialism becomes apparent and enables discussion of Australia’s administration of PNG in the lead-up to the acceptance of independence as an immediate policy goal. The files show Australia gathering the authority to grant mercy into the hands of the Commonwealth and then devolving it back to the territories. In these transitions, the capital case review files show the trajectory of Australian colonialism during a period when the administration was unsure of the duration and nature of its future relationship with PNG.

Canberra: ANU Press, 2024. 282p.

Suffering for Justice:  Sexual Violence Victim-Survivors’ Experiences of Going to Court and Cross-Examination

By Ania Moroz and Tamar Dinisman 

“Looking back now, I wouldn’t have gone to the police, because it is one of the hardest things you can ever do in your whole life. I can’t even sum up in words what it does to you mentally and physically. You can be the world’s strongest person ever in the world, but going to court can break you. It’s awful.” Victim-survivor It is estimated that 1 in 4 women and 1 in 18 men have been subjected to some form of sexual violence since the age of 16 and that 1 in 6 children have been sexually abused.1 The majority of victim-survivors will not report the offense to the police. Of those who do report it, a very low proportion will receive a charge and have their case go to court. The number of victim-survivors of sexual violence who give evidence in the trial is not openly available. Nevertheless, the Ministry of Justice (MoJ) data shows that in the year ending June 2023, 11,506 defendants were proceeded against for sexual offences2, and, in 2022–23, 3,004 defendants were charged with rape-related offenses.3 This report focuses on the experience of sexual violence victim-survivors where the defendant has been charged and their case has gone through the court process. It focuses on the three main stages of this experience – before, during, and after giving evidence – and highlights the main challenges victim-survivors face at each stage. This report also makes recommendations for changes in policy and practice to address these challenges. To meet the aims of the research, a multimethod approach, combining qualitative and quantitative methods, was used. These include 12 semi-structured interviews with victim-survivors; focus groups and interviews with Victim Support sexual violence practitioners; and Victim Support sexual violence cases analysis.

Cardiff::Victim Support, 2024.   

Leaving The Gang is Good For Your Health: A Stress Process Perspective on Disengagement From Gangs

By John LeversoCyrus SchleiferDavid C. Pyrooz

During the last decade, health criminology—the study of health outcomes for justice-involved individuals and their families—has gained traction in the field. We extend health criminology to the study of street gangs by drawing on the stress process perspective. Gang membership is conceptualized as a primary stressor that leads to secondary stressors with direct and indirect adverse effects on mental health. Leaving a gang, we hypothesize, offers relief by shrinking the stress universe to improve mental health. We test the gang disengagement–mental health link using panel data from a sample of 510 active gang members in the Northwestern Juvenile Project, longitudinal entropy balancing models, and mental health outcomes related to both clinical diagnosis and functional impairment. The results indicate that gang disengagement leads to improvements in mental health and functioning. Compared with those who stayed in gangs, those who left experienced improvements in global functioning, overall mental health diagnosis, behavior toward others functioning, substance abuse functioning, and alcohol-related diagnoses. Secondary stressors partially, but not fully, mediated this association. Our findings extend the inventory of research on the benefits of disengagement from gangs to health outcomes and support interventions designed to promote gang disengagement.

Criminology Volume 62, Issue 3 Aug 2024 Pages 377-618

Seventy Times Seven: A True Story of Murder and Mercy: Setting the Youth Justice Agenda - AYJ Briefing For The Incoming Government 

By The Alliance for Youth Justice

Developed through consultation with our members and informed by evidence from children and young people,1 this briefing sets the youth justice agenda for the incoming government. We present the changes new Ministers must prioritize to work towards a society that promotes social justice and enables all children to reach their full potential. The incoming government must be ambitious about reimagining what ‘justice’ means for children, to achieve a safeguarding response to children at risk, promote racial justice, and ensure the use of custody is a last resort. Only then will the costly cycle of harm and offending be stopped, enabling all children to thrive. • A change in oversight and accountability is required to ensure children in or at risk of involvement in the justice system are treated as children. • Resources should be invested in local communities to support their children and aid prevention and desistance from crime, rather than in costly crisis intervention and punitive responses. • Clear strategies are needed to drive policy and practice change to keep children safe, end the imprisonment of children, and target and tackle racial disparities. This briefing provides a short overview of the issues and solutions to them, and we offer our ongoing support in further developing these much-needed reforms through engagement with our expert members.  

London: The Alliance for Youth Justice (AYJ): 2024. 32p.   

States of Surveillance: Ethnographies of New Technologies in Policing and Justice

Edited by Maya Avis, Daniel Marciniak and Maria Sapignoli   

Recent discussions on big data surveillance and artificial intelligence in governance have opened up an opportunity to think about the role of technology in the production of the knowledge states use to govern. The contributions in this volume examine the socio-technical assemblages that underpin the surveillance carried out by criminal justice institutions – particularly the digital tools that form the engine room of modern state bureaucracies. Drawing on ethnographic research in contexts from across the globe, the contributions to this volume engage with technology’s promises of transformation, scrutinise established ways of thinking that become embedded through technologies, critically consider the dynamics that shape the political economy driving the expansion of security technologies, and examine how those at the margins navigate experiences of surveillance. The book is intended for an interdisciplinary academic audience interested in ethnographic approaches to the study of surveillance technologies in policing and justice. Concrete case studies provide students, practitioners, and activists from a broad range of backgrounds with nuanced entry points to the debate.

London; New York: Routledge, 2025. 201p.

Six Questions About Overcriminalization

By Douglas Husak

The allegation that criminal justice systems (and that of the United States in particular) have become guilty of overcriminalization is widely accepted by academics and practitioners on nearly all points along the political spectrum (Dillon 2012). Many commentators respond by recommending that states decriminalize given kinds of conduct that supposedly exemplify the problem. I urge those who are theoretically minded to proceed cautiously and address several preliminary matters that must be resolved before genuine progress is possible. In the absence of a position on several controversial normative and conceptual issues, discussions of overcriminalization and decriminalization are bound to be oversimplified and superficial. My review is organized around six of these issues. I invite commentators to examine (a) what the criminal law is; (b) what overcriminalization means; (c) why overcriminalization is thought to be pernicious; (d) whether overcriminalization is a de jure or de facto phenomenon, i.e., whether it is a function of the law on the books or the law in action; (e) what normative criteria might be invoked to alleviate the predicament; and (f) whether and to what extent overcriminalization is a serious concern in our penal system. Even though these six issues are analytically distinct, positions about one invariably blur into commitments about the others. Although theorists rarely dissent from the claim that states are guilty of something called overcriminalization, uncertainties about the foregoing topics mar their treatments. I conclude that a deep understanding of the problem of overcriminalization depends on how these six issues are resolved.

Annual Review of Criminology, v. 6. 2023, 19pg

The Future of Crime in New York City and the Impact of Reducing the Prison Population on Crime Rates

By Richard Rosenfeld, James Austin

Employing a small number of predictive variables, the authors of this report created statistical models to forecast violent and property crime rates in New York City. The models estimated yearly changes in New York City’s crime rates from the early 1960s through 2021, estimates that corresponded very closely to the actual rates. The authors then used these models to forecast annual changes in crime rates through 2026. The forecast for violent crime is a slight decrease each year through 2026, while the forecast for property crime shows slight yearly increases. Finally, the projected impact on New York City’s violent crime rate of reducing the state imprisonment rate by 25% would be minimal. No association was found between imprisonment rates and property crime.

New York: Harry Frank Guggenheim Foundation. 2023, 18pg

Substance Use, Overdose Prevention, and the Courts: A Citywide Collaboration

By The Center for Justice Innovation

The Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice, court, and public health systems to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles. This document, which maps many of the court-based problem substance use interventions currently utilized across New York City, came out of this forum of experts.

On September 19, 2023, the Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice and court systems, clinicians, and public health experts to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles into these and related programs. Among the pre-conference materials distributed were this document, which maps many of the court-based problem substance use interventions currently utilized across New York City. We divided these initiatives into four stages within the timeline of a criminal case: pre-arraignment, arraignment, pre-plea, and post-plea. This categorization is intended to highlight the distinct role that each stage plays within the larger system of treatment and prevention.

New York: The Center for Justice Innovation. 2023, 16pg