The mentally retarded offender in the criminal justice system

The problem of the mentally retarded offender begins at the first encounter with the criminal justice system and continues through the correctional system. A recent survey compared attitudus of police and mental health professional. Police (78%) felt that disturbed person (including mentally retarded offenders) should be handcuffed when being transported. In contrast, mental health professionals (84%) felt no individual should be handcuffed. The mentally retarded offenders, once incarcerated, are a group that is confronted with problems beyond those usually associated with prison life. The authors examine the complex issued stemming from the special conditions of the MRO and suggest recommendations for developing rational attitudes and policies within the criminal justice system.     

The desirability of goal conflict within the criminal justice system

A pervasive interest in the creation of a monolithic system for the administration of justice which is characterized by the lack of fragmentation and goal conflict is found throughout the criminal justice literature. This paper questions the basis and desirability of such a proposal. It is argued that criminal justice exists in a sociopolitical environment in which diverse groups exercise influence in accordance with their own interests. For this reason, it is highly unlikely that a single set of values could be identified upon which to base a monolithic system. It is further argued that goal conflict within criminal justice is desirable in that different interests can be reflected, there is a basis for system adaptation and change, and the system can better promote the smooth processing of offenders.     

Business offenders in the criminal justice process

How are various types of business offenders treated by criminal justice institutions? Focusing on a range of “crimes against consumers” under Food, Trading Standards, and Weights and Measures laws, this article concludes that a variety of interrelated factors affect agencies' enforcement tactics and the disposition of cases. The nature of the offences involved, the form of law involved and its pattern of enforcement, and the identities and types of offenders all affect the course and outcome of the process. Few neat generalizations can be made about such factors, and simple allegations of agency bias are difficult to sustain. Significant “structural advantages” do, however, work to the benefit of some classes of offenders, such as large and established businesses, and these advantages are compounded as cases move from stage to stage. There are no simple remedies available for such contrasts in treatment, but the analysis does point to the need to consider basic concepts of crime and law enforcement within their ideological contexts.     

The Prosecution Service Function within the Hungarian criminal justice system

The national criminal justice system of Hungary is described. Special attention is paid to the Prosecution Service Function within this framework and its relationship to police and courts. The article not only refers to legal provisions but to the factual handling of criminal cases as well.     

Early criminal recidivism among mentally disordered offenders

Criminal recidivism was studied during 2 years in a Swedish population-based cohort (N = 318) of mentally disordered male offenders who had undergone a pretrial forensic psychiatric investigation, been convicted in subsequent trials, and been sentenced to forensic psychiatric treatment (FPT; n = 152), prison (n = 116), or noncustodial sanctions (n = 50). Recidivism was analysed in relation to index sanctions, levels of supervision, diagnoses, and criminological factors. Significantly lower recidivism in the FPT group was related to lower crime rates during periods at conditional liberty in this group alone, and recidivism was significantly more common among offenders with at least one of the two diagnoses of substance abuse disorder and personality disorder than among those with psychotic or other mental disorders alone. Age at index crime and number of previous crimes emerged as significant predictors of recidivism. The results of this study suggest that the relapse rates depend as much on level of supervision as on individual characteristics.     

Characteristics of mentally retarded criminal offenders in Northern Taiwan

The characteristics and criminal behavior in mentally retarded individuals remain largely unstudied. This retrospective study sought to establish a set of reference of criminal behavior characteristics in an ethnic Chinese mentally retarded group. Data were collected from forensic psychiatric evaluation of 32 mentally retarded offenders. Of the 32 offenders, only four (12.5%) cases were female. Mean age at the time of the offenses was 31. By IQ testing, 23 (71.9%) of the group fell into the mild mental retardation range, seven (21.9%) into the moderate mental retardation range, and two (6.2%) into the severe mental retardation range. Nineteen (59.3%) of the group also suffered from additional mental disorder. Eight (25%) had definite neurological deficit. Fourteen (43.8%) were repeat offenders. A total of 24 (75%) of the offenders had committed crimes against property, with 13 having committed petty theft. Furthermore, the pattern of offending shows differences from that of the general population or other mental disorders. The property offenses, especially petty theft and arson, were frequently seen. There was no noteworthy above average frequency of sexual offenses.     

Forensic psychiatric expert witnessing within the criminal justice system in Germany

In recent years, the number of occupied beds in German forensic–psychiatric hospitals has continued to rise. Diversion refers to the removal of offenders from the criminal justice system at any stage of the procedure and court proceedings. There are no specific diversion programs in Germany but diversion does in fact happen via legal regulations that are based on the construct of legal responsibility. The assessments of responsibility as well as risk are the core tasks of forensic–psychiatric expert witnessing in Germany. Recommendations of an interdisciplinary working group serve as a guide to operationalize this forensic–psychiatric task. These recommendations list formal minimum requirements for expert reports on the question of criminal responsibility and risk assessment as well as minimum standards regarding content and in writing the report.     

精神障碍吸毒者刑事责任能力研究

随着毒品在我国的蔓延,吸毒的人数渐渐增多,精神障碍的吸毒者犯罪也开始引起相关部门的注意,对这一特殊犯罪人群能否比照精神病人来处理意见不统一。笔者介绍了其他诸国的相关法律规定,结合本国国情和相类似的法律规定,阐明了对精神障碍的吸毒者犯罪一般作完全刑事责任能力评定为最优的观点。     

精神障碍吸毒者刑事责任能力研究

随着毒品在我国的蔓延,吸毒的人数渐渐增多,精神障碍的吸毒者犯罪也开始引起相关部门的注意,对这一特殊犯罪人群能否比照精神病人来处理意见不统一.笔者介绍了其他诸国的相关法律规定,结合本国国情和相类似的法律规定,阐明了对精神障碍的吸毒者犯罪一般作完全刑事责任能力评定为最优的观点.     

The effects of criminal justice contact on employment stability for white-collar and street-level offenders

Criminologists increasingly have studied the effects of criminal justice contact on a broad range of offenders' adult outcomes. However, virtually all of this research focuses exclusively on street-level offenders. With the use of a unique data set that includes street-level and white-collar offenders, we investigated the odds of regaining steady employment following criminal justice contact by offender type. Specifically, we investigated the effects of age of onset, number of prior arrests, total time sentenced, timing of first arrest, and timing of first incarceration on employment stability for both types of offenders, while controlling for family background factors, race, educational attainment, and age. Overall, we found that white-collar offenders are better able to rebound following contact with the criminal justice system. However, when the accrue multiple arrests and are arrested or incarcerated before the age of 24, white-collar offenders face the same obstacles to employment stability as their street-level counterparts.     

Critical justice consciousness: Social injustice and the criminal justice system

In this essay I examine the importance of social justice to my identity and the changing interpretation of my “justice consciousness” resulting from changes in my work life. Drawing on my academic experience as well as my experience as an attorney, I describe the meaning that social justice has for me. I also examine the connections that I see between social injustice and the operation of the critical justice system.     

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 criminal justice system in a social justice society would look very different from the current system

I learned my most important lessons about criminal justice reform more than 30 years ago while working on what has become known as the Attica Prison rebellion. The Attica Prison rebellion took place in September 1971 in the maximum security prison in upstate New York. Led by prisoners with a broad social justice agenda, the prisoners’ demands were focused on basic human rights, including the right to organise, the right to be free from abuse from prison guards and the right to basic living conditions – health and sanitary conditions among others. The rebellion was ended when then Governor Nelson Rockefeller sent in state troopers to retake the prison by force, resulting in the death of 39 prisoners and prison guards. A political and legal struggle to defend prisoners charged in the uprising ensued, eventually resulting in the dismissal of the charges against the prisoners. In 2000, the people who had been prisoners at Attica during the 1971 rebellion were awarded an $8m settlement from the State of New York.     

The Israeli criminal justice system in action—Is justice administered differentially?

This study focuses on two major junctures in the Israeli criminal justice system, the preadjudication stage and the trial stage. The data are gathered from records accumulated during the period 1980 through 1992. For each year between 1980 and 1992, a random sample of 3637 persons, who had their first police contact that year, was drawn from the computerized central file at Israeli Police Headquarters. A total of 40,007 individuals, with a total of 97,000 records, constituted the study population. The results identify which criminal records were most likely to be terminated prior to adjudication and which records, once adjudicated, were most likely to conclude in conviction. Major emphasis was placed on the issue of nationality—being an Arab or a Jew—while the effect of other variables, such as the type of offense and the time period, were controlled. The criminal justice system was found to be less discriminating at the early stages of the criminal process, but as the offender moved along the process, the chances that nationality would play an important part increased. Authors are listed alphabetically and contributed equally to the writing of this paper.     

Colonialism and the criminal justice system in Nigeria

This article examines the development and subsequent evolution of Nigeria's criminal justice system. The history of the Criminal justice system in Nigeria dates back to the colonization of the country in the late 1800's by Europeans, who introduced imprisonment based on their own correctional system.

Although interpretation of the causes of the development of the Criminal Justice system in Nigeria may differ, there can be no disputing the fact that the system is foreign‐made. Here was an invasion and revolution in social practice. The earlier events that led to the development of Nigeria's criminal justice system include: the British occupation of Nigeria, The Nigeria‐Europe confrontation and the Slave Trade. Although some British participants in the development of criminal justice in Nigeria had humanistic and religious inclinations, the system was formed to protect the Europeans from the natives they were exploiting and oppressing.