Assessing Criminal Justice Practice Using Social Justice Theory

In this article, I introduce two of the leading theories of social justice put forth by John Rawls and David Miller. Then, I assess criminal justice practice, from law-making to corrections, in terms of ways in which it is consistent and inconsistent with these theories of social justice. Throughout the article, I also identify ways in which criminal justice practice is inconsistent with social justice. Finally, I make recommendations for reforming criminal justice to make it more consistent with social justice.     

The Caucasian Connection: National Identity in the Ballets of Aram Khachaturian

Gypsy Related Holdings (Texas Collection), World Romani Union; Buda Texas, 1987, and Supplement (compilers Dick Atterbull and Hal McCorrie), Manchaca, Texas, 1991; Gabrielle Tymauer, Gypsies and the Holocaust: A Bibliography and Introductory Essay. Interuniversity Center for European Studies, Montreal, 1989.     

Context and Change: The Evolution of Pioneering Drug Courts in Portland and Las Vegas (1991–1998)

Drug courts in the United States are still relatively young, but they have proliferated dramatically since the first innovation in Miami in 1989. Research focusing on drug courts is now beginning to gain momentum, though it still lags considerably behind the growth of the movement itself. This article describes findings from a first "longitudinal" examination of two of the nation's first and longest operating courts in Portland and Las Vegas, focusing on the dynamic nature of the evolution of the model as adapted in each site. In particular, the research considers the impact of contextual factors – laws, administrative policies, and federal court orders – on the growth of drug court models in each jurisdiction as measured through their screening and enrolling mechanisms over time. The time series analyses suggest that several contextual factors played an important role in shaping these courts and affecting their impact on the target populations and the results they produced. The longitudinal findings illustrate the importance of context in making sense of "normal" evaluation findings and emphasize the dynamic nature of the change process in implementing innovative policy in the criminal courts.     

Perceptions of community policing in a small town

Much of the information regarding community policing is based upon research conducted in large urban areas. In contrast, this article utilizes survey data to examine resident perceptions of community-policing practices in a small southern town. Low response rates from minority citizens, along with the negative impressions reported by minority participants, point to race as a major concern. Black respondents are less willing to trust the police, express greater dissatisfaction with the police, and grade the police significantly lower than do white participants. Interestingly, community-policing measures do not appear to enhance perceptions of the police. Suggestions for future research are offered.     

Wither Criminal Justice? An Argument for a Reformed Discipline

The American criminal justice system fails to achieve justice, reduce crime, and provide equal protection to Americans regardless of their social class, race, and gender. But, criminal justice as an academic area of study has become a popular and fast growing liberal arts major in the United States, churning out tens of thousands to work in the criminal justice system. Given the demonstrable harms caused by criminal justice, which are suffered disproportionately by the least powerful people, academic criminologists and criminal justicians have the obligation to promote a reformed discipline. This article briefly summarizes the evidence of bias in the criminal justice system and then turns to how these biases relate to criminal justice as an academic discipline. Using the war on drugs as an example, I argue that the practice of criminal justice as an academic endeavor runs counter to the goal of promoting social justice in America. One of the ironic conclusions of this article is that criminal justice as an academic discipline must get smaller if we are to achieve larger goals of social justice outlined here. This revised version was published online in July 2006 with corrections to the Cover Date.     

Global Crisis and Latin America

This essay examines Latin America's experience in the crisis and restructuring of world capitalism from the 1970s into the twenty‐first century, with particular emphasis on the neo‐liberal model, social conflicts and institutional quagmires that have engulfed the region, and the rise of a new resistance politics. The empirical and analytical sections look at: Latin America's changing profile in the global division of labour; the domination of speculative finance capital; the continued debt crisis, its social effects and political implications; capital–labour restructuring, the spread of informalisation and the new inequality; the passage from social explosions to institutional crises; the new popular electoral politics and the fragility of the neo‐liberal state. These issues are approached through the lens of global capitalism theory. This theory sees the turn‐of‐century global system as a new epoch in the history of world capitalism, emphasising new patterns of power and social polarisation worldwide and such concepts as a transnational accumulation, transnational capitalists and a transnational state. Finally, the essay argues that global capitalism faces a twin crisis in the early twenty‐first century, of overaccumulation and of legitimacy, and explores the prospects for social change in Latin America and worldwide.     

Community standards of criminal liability and the insanity defense

Two experiments (N=71) compare lay standards of insanity to standards incorporated in American legal codes. In Experiment 1, case vignettes provided only legally relevant information about defendants' degrees of impairment in cognition or in behavioral control. Respondents' judgments of criminal liability ornot guilty by reason of insanity (NGRI) reflected an exculpatory standard of substantial impairment in both cognition and control. In Experiment 2, case vignettes provided realistic information about defendants' psychiatric diagnoses; respondents had to infer levels of cognitive and control impairment. Results showed that respondents made highly idiosyncratic inferences based on diagnostic categories, but once made, these inferences predicted NGRI judgments. Implications of the concordance between laypeople's rules for assigning NGRI verdicts and the rules used in American legal codes are discussed.Daniel Bailis gratefully acknowledges the support of Public Health Service grant No. 5T32 MH18021-07 for Research Training in Social Psychology during the time in which the present research was conducted. John Darley wished to acknowledge the generous support of the John Simon Guggenheim Foundation and Princeton University. Study 2 presents work done for the Princeton University undergraduate thesis of Tracy Waxman. The authors are grateful to Norman J. Finkel, Valerie Hans, and three anonymous reviewers for comments on an earlier draft on this article.Northwestern University.