Liability for sexual harassment in criminal justice agencies

This article focuses on sexual harassment in criminal justice agencies from a legal perspective. The article briefly describes sexual harassment cases that address agency liability decided by the United States Supreme Court, discussing the standards of liability articulated in Burlington Industries Inc. v. Ellerth (1998), Faragher v. City of Boca Raton (1998), and Meritor Savings Bank v. Vinson (1986). A more precise understanding of when agencies are liable for the actions of their subordinates is developed through an examination of lower federal court decisions. Trends in the law are identified, as case law is categorized according to harassment by supervisors and co-workers. The article concludes by exploring the policy implications flowing from court decisions and by calling for further research on this troubling aspect of the criminal justice workplace.     

International criminal justice: reflections on the past and the future

While Nuremberg constitutes a watershed in the evolution of international law with its establishment of the fundamental principle of individual criminal responsibility under international law it has not left much else by way of precedent for the subsequent international criminal tribunals. The adoption of UN Security Council Resolution 827 establishing the International Criminal Tribunal for the Former Yugoslavia, and Resolution 955 (1994) establishing the International Criminal Tribunal for Rwanda, set the groundwork for a new model of hybrid tribunals, with the establishment of the Special Court for Sierra Leone in 2002, the Extraordinary Chambers in the Courts of Cambodia in 2006, and the Special Tribunal for Lebanon in 2007. Perhaps one of the greatest legacies of these ad hoc and hybrid courts and tribunals has been paving the way for the establishment of a permanent international criminal court. However, they have also brought about the development of international criminal law through judicial interpretation, elaborating, inter alia, the elements of the crime of genocide as detailed in the 1948 Genocide Convention, the judicial recognition of the concept of joint criminal enterprise and the principle that national arrangements for amnesties in respect of international crimes are no bar to prosecution for such crimes at an international tribunal. In view of the completion strategies of the ad hoc Tribunals, as well as of the SCSL, this article delves into some of their legacies and outlines some of the difficulties and challenges they have faced, while identifying areas of best practice in order for the newly‐operational International Criminal Court to avoid repeating the mistakes of the past or even reinventing new wheels.     

Why study the future of criminal justice?

To a large, extent criminal justice agencies arereactive in nature and thus are at the mercy of evants beyond their control. The author suggest that use of futures research and forecasting methods, followed by development of policy alternatives through futures planning techniques, will aid agencies in becomingproactive —being able to anticipate future trends and develop and choose among alternative policies demed most beneficial to achievement of the goals and objectives of the agency. Some techniques of futures research are discussed as is the efficacy of presentation of findings in the form of scenarios.     

Thinking about the future in criminal justice administration: Trends and implications

This paper utilizes the technology of Futures Research to discuss issues that may confront the criminal justice system in the year 2000. Conceptually, the criminal justice agencies are viewed as a social system which is open to external influence both in terms of organizational design and operation. The specific model of criminal justice agencies is based on the work of Lyman Porter and recognizes three primary factors: 1) contextual factors; 2) structural factors; and 3) behavioral consequences. The specific administrative issues discussed are derived from a series of long term social trends identified by futurist Herman Kahn of the Hudson Institute.     

Developments in criminal law and criminal justice

LL.B., Victoria University of Wellington 1969; J.S.M., Stanford University 1972.     

Developments in criminal law and criminal justice

Conclusion It follows from what has been said above that history, principle, and authority combine to compel the conclusion that § 80's guarantee of trial by jury precludes a verdict of guilty being returned in a trial upon indictment of an offence against a law of the Commonwealth otherwise than by the agreement or consensus of all the jurors. That being so, § 57 of the Juries Act, 1927, cannot, consistently with § 80, operate to authorize the conviction of either of the appellants by a majority verdict. Their convictions were unconstitutional and must be set aside.The appeal should be allowed. The orders of the South Australian Court of Criminal Appeal should be set aside and in lieu thereof it should be ordered, in the case of each appellant, that the appeal to that court be allowed, that the conviction be quashed and a new trial ordered.B.A., Columbia University 1972; J.D., Hofstra University 1975.     

Developments in criminal law and criminal justice

Developments in criminal law and criminal justice     

The future of criminal justice administration and its impact on civil liberties

Criminal justice agencies have the means to increase their efficiency and to bring a larger proportion of the population within their net of surveillance and control. In the next twenty or forty years this form of control over citizens will increase. Simultaneously, growing bureaucratic and legal control mechanisms will prevent such control from becoming tyrannous. Over a longer period, given the possibility of a “no-growth” economy and a decline in the social and economic system that supports traditional civil liberties, there is a threat that an efficient criminal justice system would support tyrannous government. In the future tyranny can be avoided by the conscious policy of limiting the full potential of control over citizens by the criminal justice system.     

Extraterritorial criminal jurisdiction: Its impact on criminal justice

Public international law recognizes the right of states to protect themselves and their subjects against threats and damage from within their territory and outside. In the international sphere, the means and methods of national protection are restricted by the extraterritorial jurisdiction of courts and the laws they enforce.Criminal justice today is being confronted on an ever increasing scale by international criminal offenses that impinge on domestic concerns: drugs, securities and financial manipulations, money laundering, and terrorism, to mention only a few. This article discusses some of the issues that arise under the United States Constitution when criminal justice agencies are called upon to enforce U.S. laws beyond U.S. territorial limits. The principles of extraterritorial jurisdiction are discussed along with a number of United States court cases pointing to the importance of this new area of criminal justice.     

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.     

Spatial justice and criminal victimization

Spatial variation in crime rates generally has been attributed to differences in culture, economic status, and the social organization of communities. Rarely have policies and practices of criminal justice professionals been examined as causes of this variation. If these policies and practices do place citizens at a higher risk of victimization, a sense of fairness requires that all communities in a region share equally in this increase. This article examines the spatial justice resulting from sentencing practices in Pennsylvania. It demonstrates that certain locations in Philadelphia bear an unequal burden because of these practices. The relatively high crime rates of these areas are due partly to decisions made by criminal justice professionals.     

Teaching restorative justice to education and criminal justice majors

In academia, departments in Education and Sociology/Criminal Justice are in different colleges, but professionals in these fields frequently interact, such as probation officers working in schools and teachers working in prisons. This paper describes a course that addressed a commonality of the two by focusing on Restorative Justice. The content of the course was multi-disciplinary and co-taught by two professors from these different disciplines, and students were from a wide range of majors. Not only did the course content focus on Restorative Justice, this perspective guided how the course was taught. All classes were conducted within a Circle, students participated in the creation of the syllabus, students contracted for grades, and students organized many of the discussions. Emphasis was on critical analysis of Restorative Justice practices and theories. Quantitative and qualitative evaluations were provided as well as reflections by the teachers.     

Foreword: Applied ethics in criminal justice

Abstract

In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely “discomforting.” Second, intentionally “discomforting” offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture—and perhaps even harmful discomforture—that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive intentional discomforture is that they aim at improving the subject. This suggests that, if the prima facie wrongness of intentionally harming another person is the fundamental challenge for punishment, the “educative defense” is the royal road to justifying the practice. I conclude by outlining one version of the educative defense that exploits this advantage while avoiding some traditional objections to the approach.