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CRIMINAL JUSTICE

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Posts tagged Violence
The Child Not the Charge: Transfer Laws Are Not Advancing Public Safety

By the Justice Policy Institute

Over the last 20 years, elected officials and juvenile justice system stakeholders have changed policies and practices to create a more developmentally appropriate youth justice system, resulting in a reduction of the number of confined youth by 60 percent since the 1990s and reducing the number of youth automatically prosecuted as adults by 56 percent since 2007. This change in course is largely the result of policies that restrict the use of secure detention facilities and limit prosecution of youth in the adult court system. These trends in declining youth incarceration rates, while positive, have primarily focused on youth involved in nonviolent offenses. Moreover, despite a significant decline in the overall use of confinement, racial disparity in the juvenile justice system has worsened in many jurisdictions. This is due, in large part, to the fact that too many jurisdictions still rely on confinement and transfer to the adult system for youth who engage in violence. The research clearly shows that youth are best served in the least restrictive setting, regardless of underlying offense type. However, state practices frequently do not follow these lessons, turning to secure settings and transfer to the adult criminal justice system when other interventions would be more effective at addressing the underlying cause of the behavior and delivering a better public safety return on investment. Instead, these punitive practices worsen racial disparities, saddle youth with the collateral consequences of a criminal record if they are
prosecuted in the adult criminal justice system, and contribute to recidivism.

Washington, DC: Justice Policy Institute, 2020. 24p.

Demystifying the Sacred: Blasphemy and Violence from the French Revolution to Today 

Edited by  Eveline G. Bouwers and David Nash

This book investigates the relationship between blasphemy and violence in modern history, with a focus on cases from the European world, including its (post-) colonial ties. Spanning from the late eighteenth century to today, it shows how cultures of blasphemy, and related acts of heresy, apostasy, and sacrilege, have interacted with different forms of violence, committed against both the sacred and the secular.

Berlin; Boston: De Gruyter Oldenbourg, 2022. 

Assessing the Impact of the Violence Against Women Act

By Leigh Goodmark

The Violence Against Women Act (VAWA) has been hailed as the federal government's signature legislation responding to gender-based violence. VAWA, passed in 1994 and reauthorized three times since then, has created several new programs and protections for victims of gender-based violence. VAWA is, however, primarily a funding bill and what it primarily funds is the criminal legal system. But the criminal legal response to gender-based violence has not been effective in decreasing rates of gender-based violence or deterring violence. A VAWA that discontinued funding for the criminal legal system and instead focused on economics, prevention, and community-based resources—a noncarceral VAWA—could better meet the needs of victims of gender-based violence and target the underlying causes of that violence.

Annu. Rev. Criminol. 2022. 5:115–31

Murder in A Time of Crisis: A Qualitative Exploration of The 2020 Homicide Spike Through Offender Interviews

By James A. Densley and Jillian K. Peterson

This study investigates how the COVID-19 pandemic and the civil unrest following George Floyd’s murder influenced the 2020 homicide surge, focusing on individuals already at high risk for violence. Based on life history interviews with 18 people convicted of homicide in Minnesota, the research explores how the disruptions of 2020 intensified pre-existing vulnerabilities, accelerating pathways to lethal violence. Participants reported that the breakdown of social order, loss of routine, and economic instability created conditions that rapidly escalated violence within their lives and communities. This qualitative analysis complements existing quantitative research by offering a detailed account of the micro-level experiences behind the homicide spike, revealing how large-scale societal disruptions can shape individual trajectories toward serious violence. Findings underscore the need for policies that address structural inequalities and ensure continuity of social support and mental health services during periods of widespread upheaval to prevent future escalations in violence.

JOURNAL OF CRIME AND JUSTICE 2024, AHEAD-OF-PRINT, 1-10

Opening The Black Box of Child Support: Shining a Light on How Financial Abuse is Perpetrated

By Kay Cook, Adrienne Byrt, Terese Edwards, Ashlea Coen

This report draws on the experiences of 675 single mothers who have engaged with the Australian child support system. It reveals how violence is the backdrop to women’s engagement within each stage of the child support process and the compounding impact of violence and poverty. The report makes four recommendations that would reduce the capacity of the child support system to be weaponised. Child support, despite its straightforward and important aim of transferring payments between separated households, is regarded as a complex area of policy and a ‘black box’ in which there is a lack of data on how the system operates. The system’s opacity means that parents’ experiences are largely unknown – particularly for half of the caseload who transfer payments privately. Policy and service blind spots and loopholes allow harmful behaviour perpetrated through the child support system to go undetected and unaccounted for. The lack of evidence on the harms that the system enables in turn perpetuates the myth that child support is a benign administrative process. The recommendations in this report are a direct result of the survey findings and are intended to: bring about meaningful improvements;empower women with autonomy and choice that is directed by what they want and require for their family; andcreate a system that is safe for women to engage in.

Recommendations

Delink family payments from child support by eliminating the Maintenance Income Test.Co-design family violence processes within the child support system to recognise the high rates of violence experienced by system users.Move all child support collections back into the Australian Tax Office.Make all payment debts owed to and enforced by the Commonwealth.

Hawthorn, VIC: Swinburne University of Technology, 2024. 97p.

Ruling Violently: The Exercise of Criminal Governance By The Mexican Cartel 

By Carolina Sampó, Nicole Jenne, Marcos Alan Ferreira

This article analyzes the criminal governance exercised by the Mexican criminal organ­ization Cartel Jalisco Nueva Generación (CJNG), contributing to the scarce information available on this topic. Specifically, we ask how the CJNG has exercised territorial control to ensure the operation of its businesses, mostly concentrated in the production and sale of illegal drugs. Based on a small number of existing studies and publicly available information, we argue that the CJNG relies on a dual system of territorial control consisting of the prioritization of violent coercion vis-à-vis its opponents together with a discourse of protecting Mexicans sustained by selected initiatives to provide security and other basic services to the population to gain legitimacy. This combination has allowed the cartel to grow and expand rapidly over the last decade. 

Revista Científica General José María Córdova,  21(43), 647-665.2023