Review essay / A theory of criminal justice

Hyman Gross, A Theory of Criminal Justice New York: Oxford University Press, 1979, xviii + 521 pp.     

Citizenship, mental illness, and the criminal justice system

The concept of citizenship in regard to persons with mental illness has gained increasing attention in recent years, but little empirical research has been conducted on this topic. In addition, little research or conceptual writing has been done on the topic of criminal justice in regard to citizenship for people with mental illness, in spite of the high incidence of criminal charges and incarceration among this group. We review our work on an applied theoretical framework of citizenship, including its origins in mental health outreach work to people who are homeless and in a jail diversion program. We then suggest the contribution the framework can make to the intersecting issues of mental illness, its criminalization in the U.S., and the goal of community integration for people with mental illness.     

Review essay / juvenile justice

Peter S. Prescott, The Child Savers New York: Alfred A. Knopf, 1981, 244 pp.     

Intellectual disability and mental illness in the NSW criminal justice system

There has been increasing international, national and local recognition of the need for more appropriate responses and services for individuals who come in contact with the criminal justice system and who have an intellectual disability and mental health issues. This article provides an overview of prevalence data that indicates a significant over representation of people with intellectual disabilities in correctional facilities and reviews the problems facing this population. Findings from two specific evaluation studies undertaken by the Centre for Developmental Disability Studies are presented, along with recommendations for future provision based on these results. One of these projects trialled a case management approach to supporting offenders with an intellectual disability upon their release from prison. The 20-month follow-up found that a number of serious barriers were encountered within the overall system of provision for this population; the most serious of which related to lack of adequate accommodation upon release. The second project involved a two-stage evaluation of one model of provision for individuals with intellectual disabilities who are sex offenders, only some of whom were on parole. This service provided both residential and therapy services in a small group home located in the community. Residents were found to have high levels of emotional and behavioural difficulties, in addition to offending behaviour, that continue to require support and supervision. Critical issues, including guardianship involvement, restrictive practices and retrieval, therapy provision, and risk management issues are discussed in relation to overall clinical and lifestyle outcomes.     

Review essay / rethinking criminal law

George P. Fletcher, Rethinking Criminal Law Boston: Little, Brown and Co., 1978, xviii + 898 pp.     

Review essay / justice,mercy, and forgiveness

Jeffrie G Murphy & Jean Hampton, Forgiveness and Mercy Cambridge and New York: Cambridge University Press, 1988, 194 pp. Kathleen Dean Moore, Pardons: Justice, Mercy, and the Public Interest New York and Oxford: Oxford University Press, 1989, 271 pp.     

Attitudes toward hiring applicants with mental illness and criminal justice involvement: The impact of education and experience

Individuals with mental health diagnoses, as well as those involved in the criminal justice system, experience a number of barriers in the recovery and reintegration progress, including access to stable, prosocial employment opportunities. Employment for these populations is important for establishing financial security, reducing unstructured leisure time, increasing self-worth, and improving interpersonal skills. However, research has demonstrated that individuals with psychiatric and/or criminal backgrounds may experience stigmatizing attitudes from employers that impede their ability to find adequate work. This study aimed to evaluate stigmatizing beliefs toward hypothetical applicants who indicated a mental health history, a criminal history, or both, as well as the effectiveness of psychoeducation in reducing stigma. Participants consisted of 465 individuals recruited from a large university who completed a series of online questions about a given applicant. Results of this study varied somewhat across measures of employability, but were largely consistent with extant research suggesting that mental illness and criminal justice involvement serve as deterrents when making hiring decisions. Overall, psychoeducation appeared to reduce stigma for hiring decisions when the applicant presented with a criminal history. Unfortunately, similar findings were not revealed when applicants presented with a psychiatric or a psychiatric and criminal history. Implications and limitations of these findings are presented, along with suggestions for future research.     

Review essay / philosophical analysis and the limits of the substantive criminal law

George P. Fletcher, Basic Concepts of Criminal Law New York: Oxford University Press, 1998, xi + 223 pp.     

Review essay / perfectionist moral theory,the criminal law,and the liberal state

Robert P. George, Making Men Moral: Civil Liberties and Public Morality Oxford: Clarendon Press, 1993, xvi + 241 pp.     

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     

Publication productivity of criminal justice faculty in criminal justice journals

An important dimension of university faculty life is publication expectation. Often the level of publication productivity is used to assess general program prestige or to evaluate individual faculty performance. The publication rates of faculty in PhD and master-level programs have been unclear. This study examined the publication rates using a general list of criminal justice journals, and a select list of the leading journals, over a five-year period. The faculty members were located in criminal justice programs that granted PhD and master degrees. Publication productivity rates were established for the two different degree level programs, and the institutions with the strongest publication rates were identified. Publication rates are only one factor used in the assessment of program quality and the relationship of publication rates to other program features is discussed.     

Toward undergraduate education in the interface of mental health and criminal justice

The relationship between the mental health and criminal justice systems is a controversial one and of growing importance. Formal education in the interface of mental health and criminal justice is a prerequisite to progress in this area. While some educational opportunities are currently available on the graduate and post-graduate levels, there appears to be no reason for this restriction. The present paper describes an undergraduate course on the interface of mental health and criminal justice, and analyzes its contribution to the field in terms of priming future graduate and law students for specializing in this area.     

Comparative criminal justice

Present state of electronic technology makes it possible for state authorities to control citizens' activity in every moment oh his/her life. On the other hand none of us want to be controlled this way and democratic rights shall guarantee our privacy to be preserved. Yet proactive police techniques can be useful in protecting us against those of our co – citizens who do not respect the legal order. The criminal investigation nowadays cannot exist without using proactive techniques – no matter if it takes place in Poland or USA. Thus the problem emerges how to choose when these techniques should be used and who should make this decision. The key-guarantee of respecting human rights in this case is external control of police activities. Proactive techniques are usually kept secret; therefore control seems to be impossible. Disclosure in criminal trial is the necessary condition for preventing abuses. Post fact revealing of all the actions taken by the Police is the best way to ensure legality. Both Polish and American legal systems try to balance the right to a fair trial and efficiency of an investigation. Surveillance, infiltration and police "provocation" are used in both countries but the legal solutions are quite different; especially considering checks and balances. It seems that polish legislator intentionally omitted most strict limitations as they cause problems for state authorities. Police lobby must have been much more effective than "human rights" lobby. Analyzing the level of protection of the citizen during criminal trial, it must be noticed that current American solutions are much more appropriate.