Personal loyalty to superiors in criminal justice agencies

Public workers in general, and criminal justice workers in particular, have a problem understanding the concept of loyalty at the workplace—to what, to whom, and at what price. Despite the fact that rules and regulations almost never mention loyalty to superiors, this unexamined practice has been sacrosanct regardless of how unworthy, inefficient, or immoral these superiors may be. Furthermore, the obligation of loyalty to persons rather than principles can encourage corruption, promote mediocrity, and demoralize the workers. Ironically, if both workers and superiors were loyal to departmental values, they would, by natural association, be loyal to one another. In criminal justice agencies the selection of loyalty objects can be as intriguing as the fear of being accused of disloyalty is real. This article discusses the arguments for and against personal loyalty to superiors, the risks to public service inherent in such relationships, and the organizational dangers involved in such pacts. As an alternative to personal loyalty to superiors, this article proposes a professional model based on organizational identification and individual accountability in which dutiful supervision is strengthened while superiors are appreciated as philosopher kings, role models, and mentors.     

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.     

Bureaucracy, managerial disorganization, and administrative breakdown in criminal justice agencies

This article presents a novel way to explain managerial collapse in criminal justice agencies by analyzing traditional organizational perspectives. While recognizing the advances of human relations and contingency management theories, most criminal justice agencies in the twenty-first century remain hierarchical Weberian organizations characterized by mechanistic and formalistic operations, with specialized tasks and division of labor that create a narrow range of duties. Along with Weber, Fayol, and more recently, DiIulio and Wilson have argued that managerial quality determines organizational performance. This article extends that focus by using the theoretical perspective called managerial disorganization and administrative breakdown, hypothesizing that management is responsible for well-functioning and/or dysfunctional organizations. Through a series of examples from case studies where criminal justice agencies have failed, the article concludes that agencies experiencing administrative breakdown and managerial disorganization are not implementing their basic mission and inappropriately utilizing the organizational principles of division of labor, unity of command, span of control, accountability, hierarchy of authority, and communication.     

The criminal justice response to wife assault

This paper reviews the criminal justice response to wife assault. By establishing a set of conditional probabilites for the reporting, detection, prosecution, and conviction for wife assault, the paper establishes that a “winnowing process” occurs that is not dissimilar to that reported for other crimes. The probability of wife assault being detected by the criminal justice system is about 6.5%. Given that it is detected, the probability of arrest is about 21.2% [comparable to a 20% arrest rate for a composite of 121 crimes reported by Hood and Sparks (1970)]. Subsequent conditional probabilities for conviction and punishment generate an aggregate probability that, given that an event of wife assault occurs, the perpetrator has a 0.38% chance of being punished by the courts. The policy implications of this review are that the greatest impact on wife assault recidivism reduction would be generated by police arrest rates regardless of court outcome. At present, however, it is not known whether this effect is produced by specific deterrence or by the didactic function of law. It is concluded that too little is known of the subjective states of wife assaulters to ascertain whether deterrence or some other mechanism accounts for the decreased recidivism reported after arrest.     

Planning and the play of power: Resource acquisition among criminal justice agencies

The article reports a portion of the findings of a national study of manpower planning in criminal justice. The study and its findings have been reported more fully elsewhere. The present article reexamines and reconsiders the data specifically with respect to public policymaking, the behavior of public organizations, and the role of fact and value in the allocation of government resources.     

Publication productivity of criminal justice faculty in criminal justice journals

An important dimension of university faculty life is publication expectation. Often the level of publication productivity is used to assess general program prestige or to evaluate individual faculty performance. The publication rates of faculty in PhD and master-level programs have been unclear. This study examined the publication rates using a general list of criminal justice journals, and a select list of the leading journals, over a five-year period. The faculty members were located in criminal justice programs that granted PhD and master degrees. Publication productivity rates were established for the two different degree level programs, and the institutions with the strongest publication rates were identified. Publication rates are only one factor used in the assessment of program quality and the relationship of publication rates to other program features is discussed.     

The right to counsel in Iranian criminal justice system

Criminal law deals with very important aspects of the life in the society. The subjects of the crime, health, reputation … are so important that endangering them requires punishment and it is told that the society in order to protect the public order should punish the perpetrators. There is no doubt that the criminals should be punished. The punishment enacted by the legislator should be proportional. The more serious the crime, the more severe the punishment. But, it seems that in the process of criminal trial, the accused has rights too. It means that society has not an absolute authority in accusation and punishment and in addition to the proportionality and justification of punishment the trial should be fair. In other words, it is not possible to speak about justice any more if the criminal is punished proportionally and rightly but not fairly, i.e. without allowing him/her to present his/her case, defend him/herself and obtain legal aid or sufficient information. Iranian criminal law, like other criminal justice systems in respecting the rights of the accused, has provided the right to counsel. This value can be expressed in the concept of the rule of law, recognized in international documents. It seems that the standards of the criminal procedure are mostly determined and developed under the influence of this concept. The current paper considers different aspects of the right to counsel in Iran.     

The tragedy of academic criminal justice

Criminal justice Ph.D. programs in the United States are unusually behavioristic in their structure, concentrating attention on quantitative methodologies and strongly pressuring students to construct studies that utilize acquired skills. As a result, Ph.D. students take on a strongly conservative cast, seldom asking larger, more philosophical questions about the field as a whole and its place in its context, which is that of the American polity. Instead, students look for methodologically manageable problems within the given and accepted system. The result is the creation of a generation of American Ph.D. holders who have practically no critical perspective on the system.     

Teaching restorative justice to education and criminal justice majors

In academia, departments in Education and Sociology/Criminal Justice are in different colleges, but professionals in these fields frequently interact, such as probation officers working in schools and teachers working in prisons. This paper describes a course that addressed a commonality of the two by focusing on Restorative Justice. The content of the course was multi-disciplinary and co-taught by two professors from these different disciplines, and students were from a wide range of majors. Not only did the course content focus on Restorative Justice, this perspective guided how the course was taught. All classes were conducted within a Circle, students participated in the creation of the syllabus, students contracted for grades, and students organized many of the discussions. Emphasis was on critical analysis of Restorative Justice practices and theories. Quantitative and qualitative evaluations were provided as well as reflections by the teachers.     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice     

Developments in criminal law and criminal justice

LL.B., Victoria University of Wellington 1969; J.S.M., Stanford University 1972.     

The national criminal justice reference service

The function and services of the National Criminal Justice Reference Service of the National Institute of Law Enforcement and Criminal Justice (Department of Justice, Law Enforcement Assistance Administration) are delineated. Instructions for use of the reference system are included.