Criminal justice employee rights: An overview

This article provides a comprehensive overview of the legal rights of criminal justice employees. Among the issues discussed are: property interests in employment; due process and other rights in discipline and termination; First Amendment rights; privacy rights; and protections against discrimination and a hostile work environment. The affirmative obligation of the criminal justice agency to take a proactive stance in formulation, implementation, and enforcement of policies is also discussed.     

Teaching criminal justice research: An experiential model

Teaching research methods to undergraduate criminal justice students typically has been viewed as problematic. Students often experience considerable anxiety concerning required research courses and frequently lack the motivation to learn and appreciate the usefulness of research. Experiential case studies have been successfully utilized to teach criminal justice students the application of theory in practical situations. An evaluation of the experiential model was made in a post-test only control group research design with two groups of criminal justice research students. The results of the comparison supported the experiential approach and showed greater success utilizing this method over a traditional teaching method.     

Criminal justice: An emerging academic profession and discipline

The recent history and current trends of criminal justice educational programs are examined in light of traditional definitions of professions, disciplines, and sciences. The author concludes that criminal justice is clearly emerging as a unique academic profession and as a nontraditional discipline. The nature of contemporary criminal justice education is discussed to develop predictions of its directions.     

Competency-based education: An alternative for criminal justice education?

Over the last several years, criminal justice education In the United States has increased dramatically. Much of this growth has been in response to the needs of an evolving criminal justice field. However, there is some concern among professionals that the criminal justice system needs to be impacted more directly, and that institutions of higher learning need to be impetus for this change. To complete this task, curricula in higher education programs need to become more relevant to the needs of the system, while not ignoring the student of the educational system. This article examines the use of competency-based education (CBE) as a model that will serve the criminal justice student of today and the criminal justice system of tomorrow.     

Restorative justice: the indigenous justice system

Dramatically different beliefs about justice will produce dramatically different methods for achieving justice. The beliefs underlying the traditional Indigenous restorative justice systems, systems that dramatically differ from the European-based system practiced in the USA are presented. The discussion highlights the legacy of colonialism for tribal communities and the resilience and creative resistance that have continued to characterize the spirit and ingenuity of Indigenous peoples.     

Restorative justice practice: An examination of program completion and recidivism

Studies of restorative justice programs continue to provide a review of restorative justice practice and impact. While this body of research is growing, many questions remain regarding the impact of restorative justice in reducing crime. By relying on individual and community-level data, the present study examined how offense type and poverty level influenced program completion and recidivism among juveniles in a restorative justice program. This study also examined the relationship between program completion and recidivism. Findings revealed that status offenders in the restorative justice program were more likely to complete the program and less likely to recidivate than status offenders in the comparison group. In addition, property offenders in the restorative justice program were less likely to recidivate than property offenders in the comparison group. Poverty level at the community-level had a significant influence in both program completion and recidivism.     

Forensic science and criminal justice: An analysis of curricular models

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.     

Frenemies: restorative justice and customary mechanisms of justice

More often than not, restorative justice is said to take roots in Indigenous practices. In fact, Indigenous and other traditional mechanisms of justice are often described as examples of restorative justice practices. In New Zealand, the government equates the Mãori approach to doing justice with family group conferences (FGC); a restorative justice mechanism which it claims embodies Mãori values and preferences. This article contends, however, that the type of ‘justice’ embodied in customary mechanisms, has often been taken out of context, and rendered universal and ahistorical through its representation as restorative justice mechanisms. Using fieldwork evidence, an analytical comparison between principles of restorative practices, New Zealand’s FGCs and the Mãori approach to justice was conducted. It concludes that this tendency to equate restorative justice with Indigenous approaches to law and justice is harmful and dangerous for it risks rendering the scholarship homogenizing and universalizing restorative justice, to the detriment of local preferences and practices.     

Human trafficking and criminal proceedings in Portugal: discourses of professionals in the justice system

Since the adoption of the UN Trafficking Protocol in 2000, the predominant approach to combat human trafficking has been based on the criminalization of traffickers in conjunction with a concern for victims’ protection. However, few empirical studies considered the effectiveness of those measures, which makes it difficult to understand why criminal cases of human trafficking generally result in few convictions. In Portugal, recent legislative changes have made the legal framework on human trafficking more comprehensive, inclusive and convergent with European directives. The effects of the implementation of those legislative changes on investigation and prosecution are still overlooked. The present study analyses the discourses of justice system professionals that concern the investigation and prosecution of human trafficking. It examines and identifies the factors that, in their perspective, block the recognition of the typifying elements of the crime of human trafficking and create obstacles to the prosecution and conviction of those crimes. Our findings suggest that legislative advances recognized by the participants need to be accompanied by other changes, some of a more systemic nature and others that are more specific. An efficient criminal procedure should include better legal phrasing of the means of evidence of human trafficking that is supported by objective instruments for this to be considered valid; the centralization of proof that the testimony of the victim has to overcome; specialized professional training of an ongoing nature; an efficient cooperation between the various law enforcement agencies at the national and international levels, with public prosecution services and magistrates; a greater clarification of the condition of the special vulnerability of victims and an informed perspective regarding the global nature of the phenomenon of human trafficking, one that is also sensitive towards the victim (e.g., in relation to the victims’ vulnerability, illegal status, and their difficulties in terms of social and cultural integration).     

Doing justice to justice

Adshead's recognition that only when taken together can the many different conceptions of justice accommodate what is called for in the particularly demanding setting of forensic mental health care, is to be applauded. Each must be honoured and built into the systems of assessment and treatment that are the tasks of the forensic psychiatrist, she demonstrates. Adshead's far‐reaching revisions could resolve much that is troubling about the present practice of forensic psychiatry. Yet how much these revisions can overcome the moral dilemmas associated with dual roles in forensic psychiatry, is not so clear.     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

Principles of economic union: An extension of John Rawls's theory of justice

In this article I identify the principles of justice by which an economic union is to be constituted. For this purpose, I extend John Rawls's constructivist theory of justice to economically integrated societies. With regard to the principles identified, I defend a twofold claim. First, the principles of economic union generated by this extended procedure of construction can serve as common points of reference for the subjects of an economic union. Second, these principles cannot come into conflict with similarly constructed prior principles of social justice and international justice.     

The longmont community justice partnership: Restorative justice practice as collaboration

This paper documents the application of restorative justice principles using a model which was developed by the Longmont Community Justice Partnership (LCJP) and is being used in other communities in Colorado. It explains the structure and operation of this model as well as addresses some of the challenging issues program participants faced during the startup, development, and maintenance phases of the program. Among other issues we consider community support, team development, evaluation, restorative language, funding, and the limitations of the model. Finally we discuss the way in which this program has potential for other communities which seek to implement restorative justice practices.     

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.     

Two paradigms of justice: criminal vs survivor justice in Africa

African countries continue to experience civil wars and other low-level violent conflicts. An issue relating to the intractable nature of postcolonial violence and how it should be resolved, is what is the potential for advancing contemporary peace processes and negotiated agreements through the notion of survivor justice? Two paradigms of justice have emerged in Africa in response to mass violence: criminal justice based on the example of the Nuremberg trials; and survivor justice based on political reform and exemplified by the cases of South Africa and Sudan. These two paradigms of justice are compared, with the context undergirding the debate and assumptions of each explored, and how this related to the issues of building peace in Africa. The guiding question is whether civil wars can be ended in courts. I argue that where a decisive military victory is untenable, survivor justice, that is political reform combined with judicial reconciliation, is the best way to resolve Africa’s conflicts. The example of South Africa’s political settlement and the reconciliation process in Rwanda offer examples of solutions for conflict transition to peace. Criminal justice processes – absent a decisive military victory – can act to delay and prevent peace and resolution.     

An empirical assessment of the process of restorative justice

This study involved an empirical assessment of restorative justice processes with an application of a theoretical model proposed by Presser and Van Voorhis (2002). Their model identified three common procedural activities associated with restorative justice: dialogue, relationship building, and communication of moral values. This study utilized secondary data, consisting of observation and interview data, originally obtained by Sherman, Braithwaite, Strang, and Barnes (1999) for their Reintegrative Shaming Experiments (RISE) in Australia, 1995-1999, to test the theoretical model. The results generally supported the hypothesis that the restorative justice program engaged offenders in dialogue, relationship building, and moral communication to a greater degree than traditional court proceedings. An unexpected result emerged in the interview data showing that violent offenders in the restorative justice program did not report a greater sense of relationship building than those in court proceedings. Possible explanations accounting for the anomaly are provided. Implications for policy and future studies derived from the findings are also discussed.