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.     

Controlling violence: criminal justice, society, and lessons from the US

Based on a lecture to policy makers in Brazil, this essay explores lessons that developing nations can learn from US experiences in the fight against violence and crime. A brief summary of trends in crime, criminal justice policy, and criminal punishment in the US over the past four decades is followed by an evaluation of the dominant imprisonment strategy of the 1970s through 1990s. It is argued that benefits of the massive increase in criminal punishment have been few and that costs have been excessive in terms of material, human, and social capital. Nonetheless, the American experience provides inspiration when we consider the broader societal potential for social organization: values and norms; self-interest and involvement in legitimate exchange networks; mobilization of social capital; and diverse mechanisms of social control. These concepts are explained, and specific institutions and mechanisms to control violence and crime are explored under each of them. This revised version was published online in August 2006 with corrections to the Cover Date.     

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.     

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.     

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.     

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.     

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.     

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.     

Expanding a traditional criminal justice curriculum into an innovative social control curriculum

Most criminal justice curricula are limited to crime and the criminal justice system. Such programs could profit from evolution into a curriculum covering all means by which behavior is controlled in society. Subject areas of such a social control curriculum would include: sources and nature of behavior; selection of behaviors for social control; criminal justice systems; non-criminal justice, legal, social control systems; and nonlegal, social control systems. Crime and criminal justice would remain major topics, but would be complemented by and blended with the topics of noncriminal behavior and non-criminal justice system controls on behavior. However, the focus would remain on social control of behavior and would not be expanded to include all community interaction.     

Victims of crime in the criminal justice system in Barbados

The study focused on the treatment of victims in the criminal justice system in Barbados, a developing country in the English speaking Caribbean. Based on the administration of a pre-designed questionnaire to 458 respondents from a simple random sample of victims who made reports to the police in Barbados. It focused on victims' experiences with the police in the law enforcement process, their experiences in the courts in the adjudication process, and factors associated with these. The findings were mixed, but showed that the respondents' experiences in the law enforcement and the adjudication process were generally positive. Regression analysis showed that police seriousness about, and interest in the case were statistically significant predictors of victims' satisfaction with the police, and that these together with police politeness, and response time explained 67 percent of the variance in respondents satisfaction with the police.