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Posts tagged Criminal Justice
Tough on Crime

By Michelle D. Bonner

The book discusses the rise of punitive populism in Latin America and the role of the media in shaping public opinion. It explores the interpretation of crime statistics, the media’s influence on emotions and public opinion, and the comparison of media systems inArgentina and Chile. The document also examines the preference of journalists for tough-on-crime sources and the rise of punitive voices from within the state and civil society. The conclusion highlights the homogenization of public opinion in neoliberal media systems. [Introduction, 1. Interpreting statistics on crime, insecurity, and police violence, 2. The mass media’s role in emotions and public opinion,3. Comparing media systems: Argentina and Chile, 4. Journalists’preference for tough-on-crime sources, 5. The rise of punitive voices from within the state, 6. The rise ofpunitive voices from civil society, conclusion

University of Pittsburgh Press, 2019 276 pages

The State Police

MAY CONTAIN MARKUP

By Bruce Smith

PREFACE: “This volume is a study of American state police forces —of the police bodies maintained by Pennsylvania, New York, Massachusetts, Connecticut, Texas, West Virginia; Michigan, New Jersey, Colorado, Maryland, Delaware, and also the Royal Canadian Mounted Police. It is concerned primarily with the organization, administrative methods, and statutory powers of those forces. It deals with the position of the police in state administration, their jurisdiction, the powers delegated to the administrative head, the direction, control, compensation and welfare of the rank and file, the distribution of patrol units and the patrol methods which are employed, eriminal investigation, identification and crime prevention.

THE NATIONAL INSTITUTE OF PUBLIO ADMINISTRATION. .1 925, 295p.

The Case of Mumia Abu-Jamal: Anatomy of a Racist Frame-Up

MAY CONTAIN MARKUP

By International Bolshevik Tendency

FROM THE PREFACE: The case ofMumiaAbu-Jamal, America's best-known political prisoner, starkly illuminates the brutal reality ofracist capitalist justice in a country that advertises itself as the citadel of "freedom." It is an extremely complicated case, and while the main elements are now known, pieces of the puzzle are still missing and ambiguities remain. In the following text, we attempt to outline both the essential elements of the case and the legal/political issues it poses.

Bolshevik Publications. 2004. New York. NY. 94p.

Unleashing Rule 5.1 to Combat Prosecutorial Misconduct

By R. Michael Cassidy

Disciplining individual prosecutors will never be enough to overcome the multifarious incentives prosecutors have to cut corners to secure convictions. Although bar discipline against prosecutors is increasing in frequency, professional regulators tend to focus on individual actors rather than paying attention to systemic failures.

No single instance of prosecutorial misconduct—revealed perhaps by the reversal of a criminal case or the exoneration of an innocent defendant—can ever be fully explained by the deeds of a lone actor without looking at who establishes enforcement priorities, who sets office policies, and who does the training. Leaders in the office are usually involved, either by omission (failing to catch an error) or commission (creating an office culture where ethical lapses are tolerated or even encouraged).

The predominance of collective action and shared responsibility in business organizations often makes it difficult to pinpoint criminal liability. That challenge is addressed through the “responsible corporate officer” doctrine in criminal law, which holds executive-level individuals accountable for the wrongdoing to which they contributed, whether through commission or omission. Prosecutor’s offices are organizations with structures and incentives not dissimilar to that of a corporation. Because existing frameworks for addressing prosecutorial misconduct in the criminal justice system are ineffective, bar regulators should borrow from the responsible corporate officer doctrine by more aggressively enforcing Rule 5.1 of the Rules of Professional Conduct.

The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of ABA Model Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities. This article draws on important parallels between the responsible corporate officer doctrine and Rule 5.1 to explain why enforcement of professional discipline against leaders in a prosecutor’s office is necessary to incentivize more rigorous supervision and training. The author scrutinizes two recent cases in Colorado and Massachusetts where bar regulators have successfully utilized Rule 5.1 to discipline leaders in a prosecutor’s office for failing adequately to supervise the conduct of junior associates. The author then advocates for an even more expansive use of Rule 5.1 to force head prosecutors to adopt written, transparent, and publicly available policies and procedures. Finally, the author discusses three recurring and highly intractable problems of prosecutorial discretion that could benefit from comprehensive office policy manuals: grand jury practice, disclosure of exculpatory evidence; and use of cooperating witnesses.

Oregon Law Review, Vol. 102, 2024, Boston College Law School Legal Studies Research Paper No. 614, 37 p

THE SPIRIT THE OF LAW S.

BARON DE MONTESQUIEU.. TRANSLATED FROM FRENCH BY THOMAS NUGENT,, VOL. 1.

In "The Spirit of the Law," readers are taken on a thought-provoking journey through the intricate workings of legal systems and the moral compass that guides them. This compelling exploration delves into the essence of laws beyond their literal interpretations, examining the underlying principles and values that shape our understanding of justice and accountability. As the narrative unfolds, readers are challenged to reflect on the profound relationship between law and ethics, shedding light on the critical interplay between rules and righteousness. "The Spirit of the Law" is a captivating read that raises compelling questions about the true nature of justice and the timeless quest for a fair and equitable society.

LONDON. VOLLINGWOOD, CLARKE, LONGMAN, HURST, REES, ORME,& BROWN, CADDELL, J & A ARCH, WHITAKER AND SCHOLEY. DEIGHTON AND SONS., 1823. 375p.

Spotlight: Dual contact:  Understanding the needs and experiences of women in contact with the criminal justice and children’s social care systems during pregnancy and early motherhood.

By Birth Companions

In this briefing paper we shine a spotlight on the issues faced by women who have contact with both the criminal justice and children’s social care systems during pregnancy and the first two years of their child’s life. We outline the context, highlight key evidence, and share some powerful contributions from our Lived Experience Team who have experienced this ‘dual contact’. 

UK: Birth Companions, 2023. 25p.

Women’s experiences in the criminal justice system

By The Welsh Parliament Equality and Social Justice Committee

Women who commit crime are generally some of the most vulnerable and disadvantaged in society, often with multiple and complex needs. Women now make up around 5 per cent of the prison population, estimated to be twice as many as twenty years ago.

Wales, The Committee. 2023, 56pg

The Structure and Operation of the Transgender Criminal Legal System Nexus in the United States: Inequalities, Administrative Violence, and Injustice at Every Turn   

By Valerie Jenness and Alexis Rowland

A growing body of research reveals that transgender people are disproportionately in contact with the criminal legal system, wherein they experience considerable discrimination, violence, and other harms. To better understand transgender people's involvement in this system, this article synthesizes research from criminology, transgender studies, and related fields as well as empirical findings produced outside of academe, to conceptualize a “transgender criminal legal system nexus.” This article examines historical and contemporary criminalization of transgender people; differential system contact and attendant experiences associated with police contact, judicial decision-making, and incarceration; and pathways to system involvement for transgender people. The analytic focus is on cultural logics related to institutionalized conceptualizations of gender, discriminatory people-processing in various domains of the criminal legal system, and institutionally produced disparities for transgender people involved in the criminal legal system, especially transgender women of color. The article concludes with a discussion of directions for future research, including a focus on administrative violence, organizational sorting, intersectionality, and measurement challenges.

Annual Review of Criminology, Volume 7, Page 283 - 309

‘A whole new world …’: Exploring trans carceral habitus and women's transition from a closed to an open prison

By Sarah Waite

This article examines women’s experiences of moving from a closed to an open prison in England. Transition to an open prison is often viewed in a positive, reformist light and although androcentric auto-ethnographical work has demonstrated challenges associated with this pivot when serving a long-term sentence, much less is known about the experiences of women. Using interview discussions, this article draws upon the concept of transcarceral habitus to examine experiences of transfer and adaptation to the open prison within the broader context of the lives of criminalised women. By extending our understanding of the women’s open prison as a site of punishment and recognising the connections and pluralities of women’s carceral experiences, this article seeks to disrupt unhelpful binaries that legitimise the incarceration of women and the open prison estate.

United Kingdom, Howard Journal of Crime and Criminal Justice. Oct. 2023, 16pg