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1.
Ralph Henham 《Crime, Law and Social Change》2012,57(1):77-98
The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The
argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in
criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes
and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of
law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’
in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting
this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony
of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant
audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in
international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial
justice. 相似文献
2.
The author discusses the interaction between international andnational law in determining whether a case is admissible fromthe viewpoint of complementarity (Article 17 of the Statuteof the International Criminal Court) and with regard to theconcept of interests of justice (Article 53 ofthe same Statute). Complementarity does not separate nationalfrom international criminal jurisdiction; nor does it put themin conflict with each other rather, it favours the aforementionedinteraction. In addition, the concepts of abilityand willingness tend to ensure an indirect harmonizationof national criminal systems around common international criteria.As for reliance on the notion of interests of justicewhen determining whether to initiate proceedings, accordingto the author, Article 53 envisages a compromise between prosecutorialdiscretion and strict legality, thereby enshrining a hybridizationbetween various national traditions. The author notes that thedecision to open investigations should be objective and foreseeable;to this end, she suggests some general criteria, which are intendedto serve as guidelines for establishing whether, in a specificcase, the interests of justice warrant the initiation of proceedings. 相似文献
3.
Hate, a simple word, is easily understood by young children. But as a concept, hate is vast, complex, and slippery. The study
of hate is not limited to one discipline; it is studied throughout the humanities and social sciences. This paper, which presents
a psychological theory of hating, argues that hate is an understudied psychological construct and has particular relevance
to justice research. Hate can trigger injustice, and injustice has the capacity to trigger derogation, violence, and hate.
Relying on four literatures—justice, psychology, psychoanalysis, and criminal justice—we present a theory of hating that describes
the formation, perpetuation, and expression of this influential emotional state. The Intensification Theory of Hating describes
hate as a dynamic process that moves from antecedents to emotions, cognitions, morals, and behaviors. Hate, we argue, is not
only an emotion; it becomes systemic when interactions among its components unfold over time to intensify hate. We conclude
by proposing research approaches and questions that could address hate in psychological and justice research.
Submitted to David De Cremer and Kees van den Bos, “Justice and feelings: An emotional revolution”. Social Justice Research, December 11, 2006 相似文献
4.
David Shichor 《Crime, Law and Social Change》2009,51(1):175-187
This article explores many of the factors that play a role in the relative lack of scholarly influence of criminology and
criminal justice professionals who focus on studying white-collar and corporate crime. The latest studies of “scholarly influence”
in criminology and criminal justice journals and textbooks based on citation analyses confirm the absence of scholars who
study white-collar and corporate crime. The sparse inclusion of white-collar and corporate crime topics in criminology and
criminal justice curriculum in academic programs also indicate that the area is considered by many as a subfield rather than
a mainstream component of academic criminology. Whether or not this status will change remains to be seen, but, on a positive
note, there are a few encouraging signs that scholarly influence in the field will include more white-collar criminologists
in the future. 相似文献
5.
Cecil L. Willis 《Journal of criminal justice》1983,11(5):447-458
Theories are scientific tools which give meaning to the social and physical reality that scientists study. They also play a crucial role in generating and storing the information of a discipline. The academic field of criminal justice has a wealth of facts but a dearth of theory. As a result, this field is still only partially developed. This article is a call for greater attention to theory so that the analysis of the criminal justice system and its components can be more fruitful.A survey of 25 criminal justice textbooks published since 1975 shows that the analysis of criminal justice retains a facts-without-theory flavor. For criminal justice as an academic field of study to grow, theory must be integrated much more into criminal justice research and education than has been the case. The theoretical frameworks of such social theorists as Durkheim, Marx, and Weber, among others, are suggested as sources to draw upon to develop an integrated comprehensive theory of the criminal justice system. 相似文献
6.
The multi-disciplinary field of forensic science frequently finds its academic home within criminal justice programs. After
examining the reasons for this academic linkage, an analysis of criminal justice curricular models and courses was undertaken
to assess their applicability to forensic science education and careers. The authors concluded that the relationship between
criminal justice and forensic science can be mutually beneficial; however, most criminal justice programs do not provide adequate
preparation for meaningful careers in forensic science. 相似文献
7.
Vincent J. Webb 《Journal of criminal justice》1978,6(4):347-355
One of the stages through which any new field must pass is academic legitimation. The field of criminal justice is presently in this stage of striving for acceptance within the academic community. Recently, criticism of the field as well as legitimizing activities seem to have increased. In the course of the debate about the appropriate location and identity of criminal justice, it can be expected that the issue of disciplinary status for criminal justice will gain prominence.The issue of disciplinary status for the field of criminal justice is considered in terms of the advantages and disadvantages of disciplines. Also, assets of a multidisciplinary status are presented and “cost” comparisons are made between disciplines and multidisciplinary fields.While there seem to be points in favor of disciplines, an analysis of some of the weaknesses of disciplines suggests that continuance of a more synthetic and open approach is preferable for the field. 相似文献
8.
The prestige of professional journals is an important element in the academic world because of the relationship of journal prestige to the careers of individuals and to the reputations of academic institutions. This study investigates the system of journal prestige in the field of criminology and criminal justice, using the ratings of professional journals obtained from a sample of respondents who are members of professional associations in criminology and criminal justice. The results show that there is a relatively high degree of agreement about the relative prestige of journals in the field, despite the fact that criminology and criminal justice is a multidisciplinary field involving professionals from a wide variety of occupational settings. 相似文献
9.
The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative
worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic
portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are
located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive
montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think
about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice,
to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper”
or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into
the foreground of justice research.
相似文献
John P. CrankEmail: |
10.
Matthew B. Robinson 《Critical Criminology》2001,10(2):97-106
The American criminal justice system fails to achieve justice, reduce crime, and provide equal protection to Americans regardless
of their social class, race, and gender. But, criminal justice as an academic area of study has become a popular and fast
growing liberal arts major in the United States, churning out tens of thousands to work in the criminal justice system. Given
the demonstrable harms caused by criminal justice, which are suffered disproportionately by the least powerful people, academic
criminologists and criminal justicians have the obligation to promote a reformed discipline. This article briefly summarizes
the evidence of bias in the criminal justice system and then turns to how these biases relate to criminal justice as an academic
discipline. Using the war on drugs as an example, I argue that the practice of criminal justice as an academic endeavor runs
counter to the goal of promoting social justice in America. One of the ironic conclusions of this article is that criminal
justice as an academic discipline must get smaller if we are to achieve larger goals of social justice outlined here.
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
11.
This article assesses current work in criminal justice theory and identifies two criteria for theory—that which appeals to empirical validation, and that which appeals to historical tradition. Appeals to empirical validation are consistent with a scientific model, while appeals to historical tradition are consistent with an interpretive model of social science. Both models are described and the way in which each contributes to theory in criminal justice is discussed. 相似文献
12.
Jacqueline Mowbray 《International Journal for the Semiotics of Law》2011,24(1):79-95
Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic
justice”, that is, justice as between speakers of different languages. This article considers how the language of international
law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language
policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two
key concepts: equality and culture. Through a close examination of the way in which these concepts function within international
legal discourse, the article suggests that this conceptual framework may sometimes constrain, as well as enlarge, the possibilities
for justice for minority language speakers. Thus while international law may provide a language for challenging injustices
in the linguistic sphere, limitations inherent in this discourse may also restrict its emancipatory potential. 相似文献
13.
Daniel W. Van Ness 《Criminal Law Forum》1993,4(2):251-276
Conclusion Dissatisfaction with the current paradigm of criminal justice is leading to new programs with different visions. Some, such as restitution, can be incorporated into existing structures. Others, such as victim-offender reconciliation, point to a possible new approach to criminal justice—restorative justice. In some ways, restorative justice is simply a new application of an ancient vision. It is new wine from old vines. But those of us who celebrate the harvest are advised to remember the parable of new wine and old wineskins. Before we begin to pour—before we insert restorative features into familiar responses to crime—we would do well to reflect on what the consequences may be.This article has considered four likely consequences: the challenge to abolish criminal law, the challenge to rank multiple goals, the challenge to determine harm rationally, and the challenge to structure community-government cooperation. Although each challenge is significant, I have argued that all can be effectively addressed. Indeed, they must be if criminal justice is to become—using Justice John Kelly's image—a means of healing the wounds of crime.B.A., Wheaton College 1971; J.D., DePaul University 1975; LL.M., Georgetown University 1993. I gratefully acknowledge the assistance of Dr. Karen Strong, David Carlson, Thomas Crawford, and Dr. Daniel Dreisbach. 相似文献
14.
15.
William L. Tafoya Ph.D. 《American Journal of Criminal Justice》1990,14(2):205-227
This paper reports the findings of a nationwide survey undertaken in order to address the issue of who the experts are in
the field of law enforcement management. The results reflect the opinion of the leadership of the nation’s most prominent
practitioner and academic professional criminal justice and law enforcement organizations. Thirty-seven individuals emerge
as the leading law enforcement management experts-the virtuosos. Of these, eight are characterized as the nation’s elite. 相似文献
16.
Brian K. Payne 《Justice Quarterly》2016,33(1):1-20
At its very core, the phrase “criminal justice sciences” points to the interdisciplinary nature of our field. However, efforts to promote and support interdisciplinary teaching and research face significant barriers. In this paper, I address how interdisciplinarity is conceptualized, the history of criminal justice as an interdisciplinary field, why we should promote interdisicplinarity, barriers we confront in interdisciplinary efforts, the degree to which ACJS members engage in interdisciplinary practices, factors related to interdisciplinarity, and opportunities for increased interdisciplinary research in criminal justice. To grow as an academic field, I conclude that we must look to other disciplines such as biology, computer science, policy, and women’s studies as we expand our disciplinary boundaries. 相似文献
17.
Martin T. Hall Seana Golder Cynthia L. Conley Susan Sawning 《American Journal of Criminal Justice》2013,38(1):27-50
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. 相似文献
18.
There is a limited, but growing body of literature on the academic integrity of criminal justice majors. This study adds to
the research by surveying 850 students at a Midwestern university and comparing criminal justice majors to students majoring
in other disciplines. The survey consisted of various academic dishonesty behaviors, rationales for being academically dishonest,
and whether or not the behaviors were ethical. The results indicated that there were some differences between criminal justice
and non-criminal justice majors; however, for most measures, the two groups of students were similar. Unfortunately, the overall
level of cheating was high for both criminal justice and non-criminal justice students. 相似文献
19.
The impact of the Nuremberg trial on Germany has changed overtime. It is not only a question of evolving legal debate, butalso a correlation of historical, political and moral developments.The author considers the reception of the International MilitaryTribunal (IMT) trial during the Cold War. West Germany rejectedNuremberg's historic precedent, principally on the grounds thatthe Allies had enforced victors justice, and that theTribunal had applied ex post facto law by violating the nullumcrimen principle. Meanwhile, East Germany seemingly took upthe cause of Nuremberg by prosecuting minor Nazi perpetrators.However, this affirmation was politically motivated, and itled to inhumane abuses of power, exemplified by the Waldheimtrials. The reunification of Germany marked the beginning ofa positive approach to the Nuremberg legacy: the new generationof judges, politicians and academics was increasingly sympatheticto international criminal justice, and adopted the Nurembergprecedent by dealing judicially with crimes committed in theEast during the Cold War. The study goes on to deal with therelevance of West German legal critique for modern internationalcriminal law. The author suggests that a distinction shouldbe made between true victims of international crimes and thosewho wish to revise history by portraying themselves as such,as many West Germans did after World War II. Moreover, the victorsjustice argument must not be used to conceal the factthat justice has indeed been administered. However, the criticismof the IMT's violation of the nullum crimen principle is firmlygrounded in the German, as opposed to Anglo-American, legaltradition. 相似文献
20.
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. 相似文献