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.     

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.     

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.     

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 criminal justice system in a social justice society would look very different from the current system

I learned my most important lessons about criminal justice reform more than 30 years ago while working on what has become known as the Attica Prison rebellion. The Attica Prison rebellion took place in September 1971 in the maximum security prison in upstate New York. Led by prisoners with a broad social justice agenda, the prisoners’ demands were focused on basic human rights, including the right to organise, the right to be free from abuse from prison guards and the right to basic living conditions – health and sanitary conditions among others. The rebellion was ended when then Governor Nelson Rockefeller sent in state troopers to retake the prison by force, resulting in the death of 39 prisoners and prison guards. A political and legal struggle to defend prisoners charged in the uprising ensued, eventually resulting in the dismissal of the charges against the prisoners. In 2000, the people who had been prisoners at Attica during the 1971 rebellion were awarded an $8m settlement from the State of New York.     

Medical diagnosis of legal culpability: the impact of early psychiatric testimony in the 19th century English criminal trial

Fast-paced developments in psychiatry, neuroscience and emerging neuroimaging technologies place continual pressure on the legal recognition of mental illness and disease across jurisdictional boundaries. Nevertheless, the Canadian legal definition of exculpatory mental disease in the context of criminal liability has remained largely static, sheltered from the immediate influence of medical theory and advancements. In order to effectively reflect on the intersection of mental health and criminal justice systems in this area, it is important to understand its historical development and the English common law origins of the current approach. Specifically turning to the early 19th century, documented history and accounts of early medical witness testimony on the mental state of the accused provide a unique opportunity to understand the initial collision between fundamental concepts of moral and legal culpability and new scientific understandings of mental function and disease. In this article, I suggest that early psychiatric testimony to the accused's mental state challenged the evolving criminal law of 19th century England to reconcile its restrictive definition of "insanity" with expanding scientific reasoning and accounts of mental disease. The trial of Edward Oxford, an attempted royal assassination case of 1840, is examined as a symbolic height in this conflict prior to the first common law pronouncement of the current approach in 1843. As debate continues on the role of medical advancement in the identification of exculpatory medical disorders in law, this historical perspective may serve as a touchstone in balancing the enforcement of legal culpability with our society's greater appreciation for mental illness.     

Criminology and superstition at the turn of the 19th century

Criminology, which institutionalised at university level at the turn of the 19th century, was intensively engaged in the exploration of superstition. Criminologists investigated the various phenomena of superstition and the criminal behaviour resulting from it. They discovered bizarre (real or imagined) worlds of thought and mentalities, which they subjected to a rationalistic regime of interpretation in order to arrive at a better understanding of offences and crimes related to superstition. However, they sometimes also considered the use of occultist practices such as telepathy and clairvoyance to solve criminal cases. As a motive for committing homicide superstition gradually became less relevant in the course of the 19th century. Around 1900, superstition was accepted as a plausible explanation in this context only if a psychopathic form of superstition was involved. In the 20th century, superstition was no longer regarded as an explanans but an explanandum.     

The tragedy of academic criminal justice

Criminal justice Ph.D. programs in the United States are unusually behavioristic in their structure, concentrating attention on quantitative methodologies and strongly pressuring students to construct studies that utilize acquired skills. As a result, Ph.D. students take on a strongly conservative cast, seldom asking larger, more philosophical questions about the field as a whole and its place in its context, which is that of the American polity. Instead, students look for methodologically manageable problems within the given and accepted system. The result is the creation of a generation of American Ph.D. holders who have practically no critical perspective on the system.     

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.     

Women in criminal justice: Occupational interests

This study explores the extent to which women interested in careers in criminal justice tend to express interest in the female-role—compatible specialties within the field as compared to men and as compared to more traditionally male specialties. A sample of 288 criminal justice students was surveyed and the data revealed that females did express higher interest in female-role—compatible specialties both as compared to the males surveyed and as compared to their interest in most of the traditionally male positions. The results are especially noteworthy in that occupational areas recently opened to women (most especially police patrol officer) were of relatively low interest to those women as compared to traditionally female areas.     

Designed to fail: Self-control and involvement in the criminal justice system

This study investigates self-control theory using official and selfreported criminal records of 500 adult offenders. Four items derived from rapsheets (aliases, date of birth, place of birth, and social security number) are used as indicators of the self-control construct. Negative binomial regression models indicate a significant inverse relationship between self-control and escape arrests, failure to appear violations, probation and parole violations, felony convictions, and prison sentences. Since system involvement entails discipline, tenacity, and responsibility, offenders with low self-control are more likely to experience a criminal justice system failure.