The Courts in a Fragmented Criminal Justice System

The U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson in 1967 outlined a central role for courts in the criminal justice system. That role, however, has been somewhat diminished by the dominance of plea bargaining and the legislative enactment of mandatory minimum sentences that limit judges’ discretion. At the same time, judges have become more involved in specialized courts dealing in cases involving drugs and mental illness. A major topic of concern is the lower courts, which in many areas have changed little since the 1960s Commission. In those places, the traditional adversary process is not operating well, with many defendants pleading guilty unnecessarily in a system that may be designed primarily to collect fees. In violent crime cases, the imposition of capital punishment remains a controversial issue for states that is not likely to be resolved by a new national commission. The central court functions of sentencing and overseeing plea bargains are discussed elsewhere in this volume.     

司法新举措：法院里的人民调解工作室

去年,上海市杨浦区联合人民调解委员会在法院设立了驻法院人民调解工作室。这一新举措不仅有利于缓解诉讼压力、节约司法资源、节省当事人的诉讼成本,而且还将对我国的人民调解制度及司法制度的改革与发展产生积极的影响。     

No Job Too Small: Justice Without Bargaining in the lower Criminal Courts

Plea bargaining and other informal disposition devices dominate case processing in the lower criminal courts. Consistently, studies have found such courts characterized by assembly-line procedures, deemphasis or disregard of formal due process rights, and guilty plea rates approaching 100% of all convictions. Caseload pressures, tendencies toward cooperation among courtroom participants and, above all, process costs of litigation that greatly outweigh the stakes in minor cases are widely thought to render informality and high guilty plea rates inevitable.
The study reported here challenges these assumptions. The author finds that in Philadelphia roughly one-fifth of all misdemeanor dispositions and one-half of all determinations of guilt are the result of genuine adversarial trials. He shows that an adversarial trial system need not impose prohibitive resource costs, even when extended to misdemeanor cases involving little likelihood of imprisonment, and that process costs will not deter defendants from invoking formal procedures when the court culture is committed to providing trials. Finally, the author argues that even routine misdemeanor cases benefit from guarantees of fairness and accuracy afforded by trial but unattainable when cases are processed by plea bargaining.     

Justice for All: Putting Victims at the Heart of Criminal Justice?

This article considers the claim in the government's White Paper, Justice for All , to put victims and witnesses at the heart of the criminal justice system and argues that there is an unresolved tension within the paper between instrumentalist crime control concerns and intrinsic concerns for the rights of victims and witnesses. It is argued that many of the proposals now contained in the latest Criminal Justice Bill are so preoccupied with rebalancing the system away from offenders that they risk doing injustice to defendants with little tangible benefit to victims and witnesses in terms of rights and remedies.     

Resilience and Criminal Justice: Unsafe at Low Altitude

Resilience is increasingly featuring in crime and justice policy discussions. It appears in the fusion of military, security and criminal justice. It offers an alignment by which individual actors are to be adaptive to the uncertain conditions of high risk societies. This article unpacks the application of resilience to criminal justice to reveal at least one negative implication: by placing the focus on self-directed change resilient subjects have limited transformative power. The concept of resilience involves discounting a longer view that challenges the dominant social institutions and orders of neoliberalism. In contrast, we propose the dignified subject and the re-assertion of the discounted institutional context at a level above the individual and community. This analysis supports renewing the transformative agenda of a critical criminology.     

我国刑事审判制度改革前瞻

我国刑事审判程序的设计存在不少疏漏 ,在一定程度上呈现出非理性状态。本文从审判权的归属、简易程序的改造、庭审调查程序的改革、死刑核准权的再配置、审判救济程序的正当化、法官弹劾制度的建构等方面对实现我国刑事审判制度的科学化、理性化进行了论证。     

Decision Support Within the Criminal Justice System

The Crown Prosecution Service forms a vital component of the criminal justice system, as the chief organization prosecuting on behalf of the State and therefore the public. This paper highlights those areas where the CPS has attracted most criticism, focusing on sources of inconsistency in decision-making and management practices which may be considered inappropriate in the provision of justice. An example of how new technology could be utilized to improve the service provided by the CPS is presented. This would increase consistency of decision-making by introducing an independent assessment of the 'realistic prospect of conviction' test in the form of a decision support system. The various artificial intelligence tools available are discussed, in addition to a brief summary of why a neural network was felt to be the most suitable for the task under consideration. Preliminary results of a practical test, undertaken using archived data collected from various magistrates'courts are disseminated,together with discussion of the issues raised. Key issues concerning the philosophical and social acceptability of utilizing such a system within the Crown Prosecution Service are addressed by reference to correspondence with representatives of various organizations within the criminal justice system. This method is adopted in order to illustrate problems, both real and perceived, with the notion of utilizing technological support in what is a crucial human process.     

Drug Treatment Policy in the Criminal Justice System: A Scoping Literature Review

This scoping review sought to map the emerging evidence on use of harm minimization drug treatment programs in criminal justice settings. A search of various data bases including Cochrane Database of Systematic Reviews Medline, ProQuest, SAGE Premier, Scopus, Taylor & Francis Online, and Web of Science yielded eight studies that met inclusion criteria. The available evidence suggests increasing adoption of harm minimization policy oriented programs by countries around the world. Specific programs adopted include needle and syringe exchange, methadone maintenance, buprenorphine maintenance and treatment in lieu of incarceration. Each of these programs has evidence to support their effectiveness in relation to individual harm reduction, disease reduction, increase treatment retention and reduced criminality. This article considers implications of the adoption of harm minimization policies by criminal justice systems.     

The Roma in Bulgaria’ s Criminal Justice System: From Ethnic Profiling to Imprisonment

This paper examines the use of ethnic-specific crime data by law enforcement authorities as an instrument to formulate policies. The focus is on Bulgaria – one of the few East European countries whose criminal justice system keeps data on ethnicity – and the country’s Roma population. During the 1990s, Bulgaria’ s deep economic and social crisis impacted significantly on Bulgaria’ s Roma minority and, arguably, led to an increase in crime rates amongst the Roma. To date, however, the Bulgarian government has failed to adequately address this situation. The main argument that this paper puts forward is that over-policing of the Roma minority is a consequence of lack of adequate data on the Roma’ s involvement in crime, coupled with a crime-fighting strategy that is largely based on ethnic prejudice. As a result, a disproportionate number of Roma end-up in prisons or in long-term detention. Former inmates, in turn, influence their communities and establish a ‘revolving cycle’ of crime and social marginalisation, which is manifested in an increasing critical mass of the Roma male population in the criminal justice system.     

Lawyers' Duty to Do Justice: A New Look at the History of the 1908 Canons

This article examines a long-forgotten controversy about lawyers' duties to evaluate the justice of their clients' causes in civil cases that took place among the members of the Committee of the American Bar Association (ABA) that drafted the 1908 Canons of Professional Responsibility. The article presents an analysis of newly discovered internal working documents of this important, but never before examined, ABA committee, supplemented with primary historical research into the views and backgrounds of the committee's members. The article demonstrates how a clash of perspectives among these men-traceable in part to their backgrounds but also to their unpredictable allegiances to conflicting trends in legal thought at the turn of the century-prevented the committee from reaching a satisfactory resolution on the duty's to-do-justice issue. The committee members instead adopted ineffectual compromise language in the Canons, leaving us with a legacy of concealed ambivalence on the question of lawyers' duty to do justice in civil cases.