Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law.

Ethics in Criminal Justice: John Dewey Revisited

John Dewey has much to say to contemporary criminal justice educational strategies, particularly in respect to broadening the curriculum to include exposure to the humanities, values exploration, and moral decision-making. The case study method, coupled with Socratic teaching use of varied materials from the humanities, can approach an optimal learning experience within the Dewayan model. This educational model is offered in response to the calls for sensitive, holistic criminal justice practitioners in the modern age.     

Punishment,Accountability, and the New Juvenile Justice

The juvenile justice system has undergone radical change in the past three decades. The procedural revolution that began at the end of the 1960s with the Gault decision has more recently evolved into a substantive revolution. The changes in juvenile justice have been many and in some instances drastic, particularly in the apparent demise of the rehabilitative ideal. New theories or models have emerged, incorporating terminology such as punishment, justice, and accountability into the vocabulary of juvenile justice practitioners and the lexicon of state juvenile codes. The transformation in the philosophy and underlying goals of the system has been well-documented over the past decade or so. It is now time to ask critical questions about the significance and meaning of this transformation and to bring attention to unresolved issues. This article suggests the issues that need to be addressed in order to make both practical and philosophical sense out of the changes in the mission of “juvenile justice.”     

Prevention,Crime Control or Cash? Public Preferences Towards Criminal Justice Spending Priorities

We propose and test a new methodology to assess the public’s criminal justice spending priorities. Respondents are asked to trade‐off alternative crime prevention and control policies as well as a potential tax rebate. In a nationally representative sample, we found overwhelming support for increased spending on youth prevention, drug treatment for nonviolent offenders, and police. However, the median respondent would not allocate any new money to building more prisons and would not request a tax rebate if the money were spent on youth prevention, drug treatment, or police. At the margin, we estimate the public would receive $3.07 in perceived value by spending $1.00 on youth prevention; $1.86 in value for every dollar spent on drug treatment; and $1.76 for a dollar spent on police. However, the public would not spend more on prisons, deriving only 71 cents in value for every tax dollar spent.     

Race,Crime, and Criminal Justice

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson did not frequently mention race and ethnicity in its discussion of and recommendations for the criminal justice system, but it did have a lot to say about race and crime. Through the use of arrest rates to measure racial differentials in criminal involvement, the Commission concluded that Blacks commit more crime as a consequence of Black people living in greater numbers in criminogenic “slum” conditions. To address racial differences, the Commission favored the Great Society programs of Johnson's War on Poverty. Contemporary criminologists continue to debate the racial distribution of crime, the causes of crimes, and the best policies to reduce crime and racial differentials. The Commission did not anticipate the current debate among scholars regarding how much racial disproportionality exists in the criminal justice system and its causes and consequences. The policies that led to mass incarceration have been significant drivers of continued criminal justice racial disparity. Those policies are inconsistent with the recommendation in The Challenge of Crime in a Free Society (1967), upending the pursuit of a more fair and just system.     

Presidential Address: the Declining Significance of the Literature Review in Criminal Justice Scholarship: Towards a New Paradigm

Literature reviews in criminological and criminal justice journal articles have long served as an integral component in our empirical backyard. In this address I explore the value of the literature review in peer-reviewed research articles. I begin by evaluating the merits of the literature review section in empirically refereed research articles. I propose abandoning the literature review, due to its overall insignificance and best practices from other disciplines. Based on reasons outlined in this speech, I elaborate on the strengths and weaknesses of this somewhat controversial notion in the criminological/criminal justice discipline.     

Technology and Criminal Justice

The extent and use of technology in the British criminal justice system is uneven. Two areas are examined; first where technology is used in prisons or by the police, and secondly when it is used to develop new sanctions, as with electronic monitoring, or as attachments to existing sanctions such as drug testing. Technology in prisons is mainly in the form of perimeter security, and in the police through CCTV cameras or databases. In the second the emphasis is on tracker systems which gives the supervisor greater control. Technological development in criminal justice is not without its critics. Some regard existing technological developments with suspicion, seeing them as a means of enhancing control, or as an attack on traditional liberal values, or more importantly as an extension of a form of behaviourism which is concerned only with the observable act. Others note the expensive failures of technology where systems fail to work or are delivered late. It is suggested a Government study is required to examine existing technologies and its likely future impact whether on the criminal justice system generally or on those working within it or as inmates.     

全球化和刑事司法

刑事司法的全球化正在逐步成为现实。而且全球化的进程旨在在世界范围内采取联合行动预防和惩治某些特定的犯罪。然而,刑事司法全球化的构建需要建立在统一的刑事司法文化基础上,与修正的报应模式和法律与秩序模式不同的是,刑事司法全球化必须有整合一致的人权文化。提高个体、政治、社会和经济人权的整体文化,是保障建立刑事司法全球化的最佳途径,它服务于国际公共价值和秩序,同时还致力于社会公正,确保相关人员,特别是被害人和被告人的权利保障。     

Towards Justice for Girls:

Feminist critics of American juvenile justice have often observed the presence of a sexual double standard. Young men, it seems, may explore their sexuality with impunity. The sexually active young women, however, is likely to be defined as “incorrigible” or “uncontrolled” and charged with the youthful crime of status offending. The plight and Australian girls charged with such offences is less well documented. This paper examines and contrasts American and Australian policies in relation to young women before the courts and finds strong parallels. Though the general trend in both countries had been towards greater parity to treatment of the sexes, there is evidence to suggest a recent return to more paternalistic forms of juvenile justice.     

联合国刑事司法准则与我国刑事法律改革若干问题

1998年10月5日,我国签署了《公民权利和政治权利公约》。该公约最为明确、集中、具体地规定了联合国刑班司法准则．我们有必要将我国的刑事立法与联合国刑事司法准则相对照．寻找差距．并提出改革、完善的具体措施。从而推动我国刑事法律向前发展。试就涉及刑法、刑事诉讼法方面的问题作了一些探讨。