The Hidden Arm of the Law: Examining Administrative Justice in Gun Carry Licensing

Responding to calls to “decenter” American penality beyond the carceral apparatus, this article ethnographically examines administrative process and dissects how it interlocks with criminal justice. To do so, it draws on an admittedly unusual, but theoretically generative, case: administrative gun boards, charged with issuing, denying, revoking, and suspending licenses to conceal carry a firearm. While scholars have examined gun ownership and gun carrying as a social practice, less attention has been paid to gun licensing as a state practice. Drawing on observations of over 900 cases from gun board meetings in two counties in Michigan, this paper examines how administrative process mimics, supplements, and facilitates criminal justice through three mechanisms: procedural pains, in which administrative process resembles criminal justice; parallel punishment, in which administrative process supplements criminal justice through withholding of benefits, entitlements or licenses; and valve‐turning, in which administrative process funnels, or threatens to funnel, claimants into the criminal justice system. Revealing how administrative process and criminal justice become mutually reinforcing, the findings extend and integrate scholarship that shows the material, symbolic, and psychic implications of criminal justice contact, on the one hand, with the increased tendency of administrative contexts to resemble criminal justice institutions, on the other.     

Representing Theory and Theorising in Criminal Justice Studies: Practising Theory Considered

The author considers the role and place of theory in criminal justice studies. The argument is that the operation and interrogation of fundamental categories is integral to social scientific enquiry and if criminal justice studies is to resist a technocratic “protective service” orientation it must promote theorising and thinking conceptually via the texts which represent the discipline to undergraduates. Although theory is situated at the core of social science curricula, there is little or no agreement on its role or place in research and pedagogy. The dominant understanding of theory within criminal justice studies (including its sociological and criminological incarnation) is that it is something to be referred to. What is seldom emphasised in theory or methods texts is the practice of theorising. Texts that are designed to be the student’s first contact with the field of criminal justice studies, and which reflect broader attitudes toward social enquiry, seldom consider the methodological and pedagogical issues related to the production and role of analytic concepts and do not present social science as an imaginative or reflexive practice. Drawing on critical realist metatheory, this paper advances a distinction between social and sociological problems and social science and protective service toward illustrating that a social science approach to the study of criminal justice demands the operation and interrogation of analytic categories and explicit consideration of issues of epistemology and ontology. Works which seek to avoid this serve only to foster a passive rather than active engagement with their subject matter.     

Educational backgrounds of most-cited scholars

There are many factors affecting the intellectual terrain of criminal justice. Among these is the educational background of influential scholars. A list of influential scholars was created by using those previously recognized as most-cited in the criminal justice literature. A glimpse at their educational backgrounds was accomplished through Dissertation Abstracts and it was determined that thirteen institutions were the source for the terminal degrees of 65.1 percent of the most-cited scholars in the field. The institutions providing the scholars were located primarily in the east and midwest, and 60.6 percent of the scholars had their terminal degrees in sociology. On the basis of this overview, it was concluded that there has been a concentration in the educational source of scholars in criminal justice. Sociology has been heavily represented among most-cited scholars, and those with degrees in criminal justice and criminology appear much less frequently. In addition, the geographical concentration of institutions from which degrees were received tended to exclude institutions from the southern region of the country.     

Crime,Justice, and the Under‐Laborer: On the Criminology of the Shadow and the Search for Disciplinary Identity and Legitimacy

This article proposes an alternative vision for what criminal justice can represent such that its interests in becoming a full‐fledged academic discipline are advanced. Linked to philosophical inquiry (the under‐laborer), emphasis is placed on explicating how insights derived from ontology, epistemology, aesthetics, and ethics underscore the field. Coupled with this more probing excursion is psychoanalytic reflexivity (the criminology of the shadow). The manner in which the philosophical lens informs criminal justice is delineated, and the logic of this shadow criminology is described. As dimensions of an inclusive organizing scheme, their potential for fostering integration in crime and justice studies consistent with the goals of disciplinary identity and legitimacy is explored. The implications of the proposed model—especially for charting a new direction in theory, research, policy, and pedagogy—are also highlighted.     

Guilty Pleas in an Inquisitorial Setting – An Empirical Study of France

Anglo‐American guilty pleas have inspired criminal justice reformers in many inquisitorially based systems in recent years, in response to caseload pressures. In France, two different procedures based on the defendant's confession were introduced in 1999 and 2004 respectively: an out‐of‐court disposal (the composition pénale) and a prosecution pathway (the comparution sur reconnaissance préalable de culpabilité). Basing its analysis upon direct observations and interviews with French public prosecutors, this article examines the impact of these procedures on the French criminal justice system and its actors. Rather than a move from an inquisitorial to a more adversarial system, data collected for this study show a bureaucratization of the French criminal justice process. The role of public prosecutors is changing from that of judicial officers to caseload managers who have delegated part of their workload to less qualified staff for efficiency purposes.     

Designing Programming and Interventions for Women in the Criminal Justice System

Women are the fastest growing segment of the criminal justice population, yet the majority of research on criminal justice populations has been focused on men. Programming and interventions that reduce women’s involvement in the criminal justice system and ameliorate the negative consequences associated with criminal justice involvement are urgently needed. The overall aim of this paper is to provide a comprehensive framework for developing evidence-based, gender-specific programming and interventions to reduce criminal justice involvement and its associated consequences among women in the criminal justice system. The first section of the paper offers a conceptually guided review of the three primary factors that facilitate and complicate women’s involvement in the criminal justice system: victimization; mental disorders; and substance use. In the second section of the paper, findings from focus groups conducted with women on probation or parole identify strategies to engage this population in psychosocial interventions. The third and final section of the paper provides comprehensive recommendations for designing programming and interventions for women in the criminal justice system.     

Crime and Security in Asia: Diversity and Development

The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention and to promote comparative studies about crime and criminal justice. Asia’s cultural and legal diversity are discussed in the light of the variations in rates of crime, imprisonment and victimisation. Fostering a criminological community in Asia will contribute to improvements in the provision of mutual legal assistance that is now required to combat trans-national crime.     

JAILS AND SERVICES FOR INMATES A Perspective on Some Critical Issues

The nature and scope of the jail role within the criminal justice system is explored. Questions are raised as to the types of functions which jails should perform, the appropriateness of jail services, and alternatives for the administration of jails. The authors suggest that solutions to the various issues require active involvement of an informed public providing policy direction to the criminal justice system. The paper concludes by observing that many of these critical jail issues can find satisfactory solution when there is a joint commitment on the part of practitioners, researchers, and the community sector to actively seek answers.     

Ten tendencies of criminal justice

A study of the global tendencies of criminal justice will help us design a more scientific and rational pathway for the reformation of existing criminal justice system of China. In the forthcoming several hundred years to come, the world’s criminal justice is to take on ten tendencies, that is, the tendency toward unity, civilization, science, rule of law, human rights, justice, efficiency, specialization, standardization and harmony. __________ Translated from Yanshan Daxue Xuebao (Zhexue Shehui Kexueban) 燕山大学学报 (哲学社会科学版) (Journal of Yanshan University (Philosophy and Social Sciences Edition)), 2005, (1): 1–11     

Liability for sexual harassment in criminal justice agencies

This article focuses on sexual harassment in criminal justice agencies from a legal perspective. The article briefly describes sexual harassment cases that address agency liability decided by the United States Supreme Court, discussing the standards of liability articulated in Burlington Industries Inc. v. Ellerth (1998), Faragher v. City of Boca Raton (1998), and Meritor Savings Bank v. Vinson (1986). A more precise understanding of when agencies are liable for the actions of their subordinates is developed through an examination of lower federal court decisions. Trends in the law are identified, as case law is categorized according to harassment by supervisors and co-workers. The article concludes by exploring the policy implications flowing from court decisions and by calling for further research on this troubling aspect of the criminal justice workplace.     

Changes in the Most-Cited Scholars in 20 Criminology and Criminal Justice Journals Between 1990 and 2015 and Comparisons with the Asian Journal of Criminology

The main aim of this article is to assess the most-cited scholars in 20 criminology and criminal justice journals in 2015 and to compare them with the most-cited scholars in these journals in 1990–2010 and with the most-cited scholars in the Asian Journal of Criminology (AJC) in 2015. Five American criminology journals, five American criminal justice journals, five international criminology journals, and five international criminal justice journals have been studied since 1990. The most-cited scholars tended to be those who carried out research on developmental and life-course criminology. Most of these highly cited scholars were also highly cited in previous years, showing the persistence of scholarly influence. Generally, the most-cited scholars in criminology and criminal justice journals overlapped considerably, as did the most-cited scholars in American and international journals. Also, the most-cited scholars in AJC in 2015 overlapped considerably with the most-cited scholars in these other categories of journals. We conclude that there is considerable agreement in American, Asian, and international criminology and criminal justice on the most-cited, and therefore most influential, scholars.

     

Sustainable economic development: A criminal justice challenge for the 21st century

The environmental challenges of the 21^st century require co-operation between criminal justice experts and economists. Three different economics perspectives are relevant for the discipline of criminal justice in general and for adressing environmental problems in particular: neo-classical econoics, political economics and the economics of sustainable development. Criminal justice pays a role in the effort to attain sustainable development because the limitations of market based decision making necessitate a role for law and regulation in addressing environmental degradation. Sustainable development itself is relevant to the general discussion of crime. Issues of sustainable development are already discussed in criminal justice literature. While criminal law has limitations as a tool against environmental crime, it will necessarily suplement the tools of the market and civil regulation in coping with environmental problems. The inherently multidisciplinary undertaking of sustainable development will be most effectively met if experts in both economics and criminal justice understand more of one another's fields. Suggestions for including the three perspectives of economics in the criminal justice curriculum are provided.     

Envisioning the next generation of behavioral health and criminal justice interventions

The purpose of this paper is to cast a vision for the next generation of behavioral health and criminal justice interventions for persons with serious mental illnesses in the criminal justice system. The limitations of first generation interventions, including their primary focus on mental health treatment connection, are discussed. A person–place framework for understanding the complex factors that contribute to criminal justice involvement for this population is presented. We discuss practice and research recommendations for building more effective interventions to address both criminal justice and mental health outcomes.     

Criminal justice faculty and criminal justice students: A case for the missing data

This article reviews the most current criminal justice education research. It examines the interrelationship between the work of the John Jay College of Criminal Justice, the Academy of Criminal Justice Sciences, the Joint Commission on Criminology and Criminal Justice Education and Standards, and the National Advisory Commission on Higher Education for Police, and describes and compares some of their more important findings. Discussed are types of criminal justice programs; characteristics of criminal justice faculty, particularly in terms of earned academic degrees; agency work experience; commitment to research and teaching; types of criminal justice curricula, as typified by certain educational philosophies; and criminal justice students. Although this article notes several areas with which future research might become fruitfully involved, the area in need of most immediate attention, and the area that current research has all but ignored, is the criminal justice student.     

Of Athenians and Spartans: Profiles of freedom and enlightenment in the leadership styles of criminal justice academic administrators: An essay

This essay examines the dubious relationship between the quality of criminal justice education and the kind of treatment faculty members and students receive from their academic administrators. It is based on three premises: criminal justice colleges and departments should be held to higher rational and moral standards not because they are qualitatively different from other liberal arts departments, but because they teach justice; if the virtues of criminal justice are worth teaching, then criminal justice faculty members and students should be treated in a manner consistent with these virtues; and treating criminal justice faculty members and students unfairly, disrespectfully, or irresponsibly makes them unable or disinterested in endorsing the noble nature of criminal justice. This article categorizes academic administrators as either Athenians or Spartans. The former are best suited intellectually and temperamentally to administer because they possess a talent for reasoning and act in good faith. The latter are unsuited because, regardless of how well they mask it, they practice domination, deception, favoritism, and indignity.This essay is a theoretical discourse based on the contiguity of modalities, experiences, and impressions generally shared by criminal justice educators and graduate students. Its logic is Humeian and its method is broadly ethnographic.     

Where Do They Belong? Giving Victims a Place in the Criminal Justice Process

Historically, victims once had an active participatory role in the criminal justice process and were responsible for not only initiating but also for prosecuting offenders. In common law countries, victims were gradually sidelined and by the 20th century, their role was reduced to that of a witness to a crime against the state. The exclusion of victims from the criminal justice process is a major source of dissatisfaction for victims as many of them want to participate in the criminal justice process. This has fuelled initiatives with restorative justice that claim to more fully include victims than conventional criminal justice. This paper examines three different approaches found in the literature on how to let victims participate. One view is that victims should leave the criminal justice system and that criminal justice should be replaced by alternative, restorative justice schemes in which victims are granted full recognition and respect for their dignity. A second approach is to integrate restorative practices such as victim-offender mediation in the criminal justice process. The third approach is to integrate victim participation and respect (so-called restorative values) in the criminal justice system. These three approaches are discussed and compared with one another. The paper closes with recommendations for criminal law reform.     

Expanding a traditional criminal justice curriculum into an innovative social control curriculum

Most criminal justice curricula are limited to crime and the criminal justice system. Such programs could profit from evolution into a curriculum covering all means by which behavior is controlled in society. Subject areas of such a social control curriculum would include: sources and nature of behavior; selection of behaviors for social control; criminal justice systems; non-criminal justice, legal, social control systems; and nonlegal, social control systems. Crime and criminal justice would remain major topics, but would be complemented by and blended with the topics of noncriminal behavior and non-criminal justice system controls on behavior. However, the focus would remain on social control of behavior and would not be expanded to include all community interaction.     

Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross’s <Emphasis Type="Italic">Crime and Punishment: A Concise Moral Critique</Emphasis>

Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. Quite the contrary: an important reason why contemporary criminal justice systems are unfair is that they punish many people undeservedly.     

Punishment justifications in rape cases: a community study

Norway is one of the countries with the most progressive criminal justice systems in the Western world. Traditionally, the Norwegian criminal justice system has been mainly based on treatment and deterrence perspectives. While it is believed that criminal justice practices should be in accordance with public attitudes, few studies in Scandinavia have investigated public attitudes towards criminal justice sanctions in a methodologically sound manner. The current study is the first to investigate the attitudes of the Norwegian public towards punishment of rapists. In a Norwegian community sample (N = 475) from 2005, participants found the typical sentencing severity of a convicted rapist too lenient. The participants did report that as a global sentencing orientation, they preferred incapacitation. When presented with a specific rape case, their sentencing judgements were oriented towards both incapacitation and retribution, but their global orientation were not related to their specific judgements. Aggravating circumstances (e.g. violence was used) were found to influence the participants’ judgements more than when no aggravating circumstances were present (e.g. no violence was used). Few gender or educational differences were found, which indicates that these attitudes towards punishment of rapists are quite consistent across demographical groups.