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Posts tagged criminal justice
The Politics of Policing in Greater China

MAY CONTAIN MARKUP

Sonny Shiu-Hing Lo

"The Politics of Policing in Greater China" delves into the intricate relationship between law enforcement and state power in the diverse regions of China. Through a comprehensive analysis, this book explores the historical development, organizational structures, and contemporary challenges facing police forces in Mainland China, Hong Kong, Macau, and Taiwan.

Examining the cultural, political, and legal dynamics shaping policing practices in Greater China, the authors navigate through the complexities of maintaining social stability, enforcing laws, and addressing issues of corruption and human rights. From the traditional models of policing rooted in Confucian principles to the modern adaptations in response to globalization and technological advancements, this book offers a nuanced understanding of the evolving landscape of law enforcement in the region.

"The Politics of Policing in Greater China" presents a thought-provoking narrative that uncovers the intersection between state authority, social control, and the protection of individual rights within the unique contexts of Greater China. A must-read for scholars, policymakers, and anyone interested in the intricacies of policing in a rapidly evolving society.

Palgrave Macmillan. 2016. 329p.

Exploring Alternative Approaches to Hate Crime

By Stanford Law School and Policy Lab and Brennan Center for Justice

Even before racist political rhetoric around the coronavirus triggered a wave of hate crimes against Asian Americans, white supremacist incidents around the country had fueled a vigorous public debate about the proper responses to hate violence.In March 2020, Stanford Law School and the Brennan Center for Justice at NYU Law School hosted a convening of experts in the fields of criminal law, civil rights, community advocacy, and restorative justice to assess the current hate crime enforcement model and explore alternative approaches that could more effectively redress the harm resulting from hate crimes.

Palo Alto, CA: Stanford Law School; New York: Brennan Center for Justice. 2021. 52p.

The Immigration Implications of Presidential Pot Pardons

By Jason A. Cade

This essay examines the immigration implications of President Joe Biden's Proclamation on October 6, 2022, which pardons most federal and D.C. offenders—including lawful permanent residents—who have committed the offense of simple marijuana possession. When used this way, the Art. II clemency power serves a communitarian, forward-looking function—in this case by giving legal effect to a societal recalibration of what constitutes appropriate punishment for marijuana possession and a growing awareness of the racially disproportionate impact that arrests and prosecutions for this crime tend to produce.

With respect to the impact of pardons on efforts to avoid deportation or to gain lawful admission to the United States, however, ambiguities lurking in the Immigration & Nationality Act (INA) raise unsettled complications. Through most of the nation’s history, both gubernatorial and presidential pardons effectively negated the effect of the pardoned crime for immigration purposes. Toward the end of the twentieth century, however, Congress muddied the waters by amending key provisions of the INA. These amendments, in turn, led the Board of Immigration Appeals (BIA) to infer legislative intent to make pardons ineffective in the immigration context, except with respect to four specifically-enumerated removal categories—which do not included controlled substance offenses. While the Supreme Court has not yet assessed these rulings, lower federal courts have deferred to the agency's interpretation.

  • All of the immigrant pardon cases to reach the courts thus far, however, have concerned state prosecutions and gubernatorial pardons, such that governing federal law has been given preemptive effect. Presidential pardons, on the other hand, raise a specialized separation-of-powers problem in light of long-undisturbed precedent interpreting the Article II pardon power as immune from congressional constraint. According to the analysis I offer, a lawful permanent resident with a pardoned federal marijuana possession conviction facing deportation should ultimately prevail in light of the broad scope of the presidential pardon power. But the constitutional question need not be fully resolved. At the end of the day, I argue, there are reasons to doubt Congress in fact intended what the BIA has inferred, and a reasonable alternative construction would give effect to President Biden's drug-possession pardons while prudently avoiding the constitutional danger zone animated by the BIA’s statutory interpretation.

    The essay concludes with a set of considerations to which policymakers should attend as they contemplate the adoption of reformatory programs that impact immigration rules. Although the Biden Proclamation too-tightly cabins which noncitizens fall within its reach, it is a step in the right direction and may well foreshadow additional reforms, including future moves by legislative and executive branches at both federal and state levels.

University of Georgia School of Law Legal Studies Research Paper Series, 2022. 38p.

Paving the Way Home: An Evaluation of the Returning Citizens Stimulus Program

By Ivonne Garcia, Margaret Hennessy, Erin Jacobs Valentine, Jedediah Teres and Rachel Sander

Each year in the United States, about 600,000 people are released from state and federal prisons, and millions more are released from local jails. These men and women—known as “returning citizens”—face a tough transition to the community. Often with few financial resources, they must address their day-to-day needs of food, clothing, and housing; obtain identification and access to medical care; and endeavor to find employment and reconnect with family. For those released in 2020 and early 2021, the COVID-19 pandemic made the transition even more difficult. Yet federal emergency relief funds may have done little to help them, since they may not have had access to the funds if they lacked recent work histories or tax returns.

In April 2020, the Center for Employment Opportunities (CEO—a nonprofit organization that provides services to returning citizens, also known as “reentry services”) launched the Returning Citizens Stimulus program (RCS) in an effort to fill this gap. RCS was a cash transfer program that offered financial support to returning citizens during the critical period just after their release. Participants were eligible for three monthly payments totaling up to $2,750 if they reached milestones such as preparing résumés.

New York: MDRC, 2021. 68p.

Ice: A Memoir Of Gangster Life And Redemption-from South Central To Hollywood

By Ice-T , Douglas Century

My life’s been a great story / In the ultimate war / Should I ill or do right? / Make peace or go raw?—Ice-T, “Exodus” He’s a hip-hop icon credited with single-handedly creating gangsta rap in the 1980s. Television viewers know him as Detective Odafin “Fin” Tutuola on the top-rated TV drama Law & Order: SVU. But where the hype and the headlines end, the real story of Ice-T—the one few of his millions of fans have ever heard—truly begins.Ice is Ice-T in his own words—raw, uncensored, and unafraid to speak his mind. About his orphan upbringing on the gang-infested streets of South Central Los Angeles. About his four-year stint in the U.S. Army’s famed “Tropic Lightning” outfit. About his successful career as a hustler and thief, the car crash that nearly killed him, and the fateful decision to turn away from a life of crime and forge his own path to international entertainment stardom.Ice by Ice-T is both a tell-it-like-it-is tale of redemption and a star-studded tour of the pop culture firmament. The acclaimed rapper and actor shares never-before-told stories about friends like Tupac, Dick Wolf, Chris Rock, and an antler-clad Flavor Flav, among others. Readers will ride along as Ice-T’s incendiary rock band Body Count narrowly escapes from a riotous mob of angry concertgoers in Milan, and listen in as the music legend battles the self-appointed censors over his controversial “Cop Killer” single. Most of all, Ice is the place where one of the game’s most opinionated players breaks down his own secret plan for living, offering up candid observations on marriage and monogamy, the current state of hip-hop, and his latest passion: doing one-on-one gang interventions and mentoring at-risk youths around the country. With insights into the cutthroat world of the street—and the cutthroat world of Hollywood—Ice is the inspirational story of a true American original.

New York: One World Books, 2011. 283p.

Ice: A Memoir Of Gangster Life And Redemption-from South Central To Hollywood

By Fred Gardaphe

The gangster, in the hands of the Italian American artist, becomes a telling figure in the tale of American race, gender, and ethnicity - a figure that reflects the autobiography of an immigrant group just as it reflects the fantasy of a native population. From Wiseguys to Wise Men studies the figure of the gangster and explores its social function in the construction and projection of masculinity in the United States. By looking at the cultural icon of the gangster through the lens of gender, this book presents new insights into material that has been part of American culture for close to 100 years.

London; New York: Routledge, 2006. 266p.

Between Coca and Cocaine: A Century or More of U.S.-Peruvian Drug Paradoxes, 1860-1980

By Paul Gootenberg, with Commentary by Julio Cotler

Cocaine has a long and mostly forgotten history, which more often than not over the past century has revolved around relationships between the United States and the Andean Republic of Peru.2 This essay examines that U.S.-Peruvian axis, through three long historical arcs or processes that proceeded–and in some sense inform–the hemispheric “drug wars” of the past twenty years. For each stage, I will focus on the changing U.S. influences, signals or designs around Andean coca and cocaine, the global contexts and competing cocaine circuits which mediated those transnational forces and flows, and the notably dynamic Peruvian responses to North-American drug challenges. Each period left its legacies, and paradoxes, for cocaine’s progressive definition as a global, illicit and menacing drug.

Washington, DC: The Wilson Center, 2003. 62p.

The Historical Foundations of the Narcotic Drug Control Regime

By Julia Buxton

This paper outlines the institutional history of the international narcotic drug control regime. It details the evolution of the control system, from its foundations at the beginning of the twentieth century - a period of mass, unregulated narcotic drug use - to the current period. The paper argues that the contemporary control model is ill-positioned to address the dynamic and rapidly changing nature of the global narcotics trade. The persistence of anachronistic guiding first principles, specifically the utopian idea of prohibition, is identified as the key impediment to the adoption of a more humane and effective policy approach. But while there is growing pressure for a revision of founding ideas, this is not supported by a host of powerful actors that includes the United States.

Washington, DC: The World Bank, 2008. 32p.

Racial Profiling

Edited by Wa Baile, Mohamed; Dankwa, Serena O.; Naguib, Tarek; Purtschert, Patricia; Schilliger, Sarah

Racist police checks are part of everyday life in Europe. They make it dramatically visible who is not considered a fellow citizen. While much of the dominance society finds this racist practice normal, more and more people are no longer prepared to accept it without resistance. The volume brings together scientific, artistic and activist contributions to the social backgrounds and modes of action of racial profiling and the possibilities of intersectional anti-racist resistance. The focus is on Switzerland, supplemented by perspectives from authors who are familiar with the German context.

Bielefeld: transcript Verlag, 2019. 337p.

Legal Responses To Football Hooliganism In Europe

Edited by Anastassia Tsoukala, Geoff Pearson, Peter T.M. Coenen

This book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or “hooliganism”. It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of “football hooliganism” in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities.

The Hague: Asser Press, 2016. 181p.

Socio-legal Approach to 'Football Hooliganism'

By John White

Association football is the most popular and significant of "supporter sports". Its spectator misbehaviour is portrayed and conceived as an exclusively modern and British phenomenon and as a violent disease prevalent in the professional game, when it is none of these things. Nevertheless, it is an important socio-legal issue. The mass media have played a substantial role in fostering such misconceptions, and hold a vested interest in creating and perpetuating "football hooliganism" as a "social problem" or "moral panic". The social controllers, in their use of the criminal law and penal control, also out of vested interests, have reacted to the behaviour in an unnecessarily repressive and harmful way, while it is suggested that a more fruitful approach might have been through the development of innovations based on some model of self-help or at least through the invocation of the civil law. This conclusion is reached following investigation and analysis over several years of how football fans actually behave at match outings, of their interactions with law enforcement agents, and of the views of the participants themselves, all of which are described.

Edinburgh: University of Edinburgh, 1984. 473p.

The Mark of Cain

By S, Giora Shoham.

This book is one of the great 20th century classics on the historical, cultural and social role of stigma in societies everywhere, but especially Western Society. Shoham, his erudition on display like no other, explores what it means to be stigmatized and how society becomes differentiated between "us" and "them." The case study on Jean Genet, famous playwright and infamous thief, is an essay of genius, surpassing, some say, Sartre's Saint Genet. You will think about crime, criminals, the police who chase them and the judges who judge them in a very different light after you've read this book.

NY. Harrow and Heston Publishers 2013. .

Crime and Social Deviation

By S. Giora Shoham.

Criminologists, it has been said, are "kings without countries,- for their territories have never been deline-ated..Because the clashes between human behavior and criminal law norms do not constitute a clearly defined behavioral entity, criminology must draw its basic concepts and methodology from the behavi-oral sciences, biology, and, to some extent, the history and sociology of criminal law. A bold synthesis of the various related disciplines is, therefore, essential. Professor Shlomo Shoham has, in Crime and Social Deviation, undertaken such a synthesis, utilizing a unique theoretical approach to the causes and treatment of crime, delinquency, and deviation. Says Professor Hermann Mannheim in the preface to this work: "Shoham combines his unmistakable gift for constructive theorizing and classifying, for thinking in terms of abstract models and types, with painstaking and realistic empirical research for which his native country of Israel, small as it is, offers an apparently inexhaustible wealth of problems and material."

NY. Harrow and Heston Publishers. 2012. 267 pages.

Goodna Girls

By Adele Chynoweth orcid

A History of Children in a Queensland Mental Asylum. Series: Aboriginal History Monographs. Goodna Girls tells the story of children incarcerated in Wolston Park Hospital, an adult psychiatric facility in Queensland, Australia. It contains the personal testimonies of women who relate—in their own no-holds-barred style and often with irreverent humour—how they, as children, ended up in Wolston Park and how this affected their adult lives. The accounts of hospital staff who witnessed the effects of this heinous policy and spoke out are also included.

Canberra. ANU Press (2020).

Comparative Deviance: Perception and Law in Six Cultures

By Graeme Newman.

This book represents the first systematic attempt to survey public perceptions of deviant behavior cross-culturally: in India. Indonesia. Iran Italy. Yugoslavia and the United States. While it was discovered that there was extensive diversity} in both law and perception concerning such deviances of taking drugs, homosexuality and abortion. yet evidence was found for a basically invariant structure in perception of deviance across all cultures. Within the countries that were studied, it was the strength of religious belief and urban rural background that accounted for major differences in the perception of deviance— when differences were identified. These findings challenge many of the assumptions of conflict theory in sociology, of cultural relativism in anthropology and of ethical relativism in moral philosophy. These, and other issues that are discussed will interest social scientists in many fields, especially anthropologists, sociologists of law, conflict theorists, criminologists, attitude theorists, moral philosophers, opinion pollsters, and labelling theorists.

NY. Elsevier. 1976. 320p.