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.     

Attitudes towards sex offenders regarding competency,liability, voluntariness of offence,and disposal: the influence of being classified as having a learning disability

Abstract

The principal aim of this study was to investigate whether attitudes towards judicial competency, legal liability, voluntariness of offence and judicial disposal options were influenced by known classification of an offender as learning disabled compared to an offender with a suggested intellectual disability, but not formally classified. Subsidiary aims were to explore participant attitudes based upon group membership and parental status. The sample consisted of 101 participants (69 undergraduate nursing students and 32 from the general population). Participants were requested to complete a questionnaire assessing their attitudes within the aforementioned domains and towards ascribed levels of victim parental responsibility. Fifty participants completed a questionnaire designed for the purpose of the study where the offence scenario depicted made reference to the offender having a formal classification of learning disability. Fifty-one participants completed the same questionnaire where an intellectual disability was suggested but not formally stated in the form of classification. Results indicated that classification did significantly influence attitudes in most domains irrespective of group. The nursing group attributed greater levels of competency to the offenders depicted. No interactions between variables were observed. The reasons for and implications of these findings, limitations and recommendations for future research are explored.     

Positive criminology and imprisoned sex offenders: Demonstration of a way out from a criminal spin through acceptance relationships

Abstract

The purpose of this qualitative research was to examine the change process experienced by imprisoned sex offenders during incarceration from the standpoint of emerging positive criminology perspective. The participants were 38 males incarcerated in two prisons in Israel who had been convicted of various sexual offences. The participants underwent individual in-depth, face-to-face interviews, lasting several hours each. Initially, the findings suggested a tendency for offences to escalate over time, referred to as a “criminal spin”, which can be stopped only by external intervention. Most of the participants also reported that they experienced positive changes during the current imprisonment, associated with broad support received from various sources. This suggests a possible way out of the criminal spin by exposing offenders to the human and social acceptance of meaningful agents, thus supporting the positive criminology perspective. In addition to their theoretical contribution, the findings have practical implications for the assessment, treatment and rehabilitation of sex offenders.     

Why Do the Finns Trust the Police?

Ideological trends in the criminal policy of the Nordic countries since the 1960s are analysed. Although criminal policy in these countries is not unified, one can argue for the existence of a 'Scandinavian criminal policy' characterized by several common features concerning historical tradition, intensive cooperation and a similar approach to crime prevention and control. The following trends and characteristics are examined in some detail: the cycle from criticism of the treatment ideology to a reappraisal of the role of the criminal justice system and the function of penal sanctions; the differentiation of criminal policy strategies (e.g. social and situational crime prevention, cost-benefit thinking, criminal law policy, sanctions policy). Discernible tendencies towards more unified or, at least, more harmonized criminal policies on the international and European level are also examined. Active participation in this developmental process is encouraged to ensure that the fundamental principles of Scandinavian criminal policy are properly utilized.     

Big Stick,Little Stick: Strategies for Controlling and Combating Environmental Crime

Environmental offences often have rather obscure victims. At the same time, we know that those crimes commonly regarded as the most serious have clearly visible victims. It is difficult for people to relate to environmental offences in the same way as many traditional crimes, and this makes it easier to commit breaches of the environmental regulations. One element in a control strategy ought therefore to be continuous attempts to discover really serious environmental crimes that are easily communicated to the public. Regulations are followed if we believe that others also do so. If we have a sense that cheating is widespread then group solidarity is weakened, and with it the inclination to abide by the rules. How then do individuals and businessmen develop the perception that control measures are working? This happens primarily by means of a perception that observance of the regulations is being monitored. Broadly based control measures and contacts are therefore of considerable importance. By means of risk assessment procedures, interventions can then be concentrated where they are judged to be most necessary. A broad arsenal of measures is needed to persuade companies to observe the regulations; an arsenal from big stick to little stick, from self-regulation and service to administrative sanction charges and criminal offences.     

司法鉴定立法比较之法理研判——以新《刑事诉讼法》与新《民事诉讼法》为视角

2012年修改并通过的《刑事诉讼法》和《民事诉讼法》已于今年1月1日实施。两大新诉讼法对证据制度,包括证据种类、证明标准等内容进行了重大改革。其中,对于司法实践中证据地位凸显的鉴定意见,两大诉讼法也做了调整,包括完善鉴定人出庭制度、专家辅助人制度、鉴定人保护、鉴定人选任等。但因两大诉讼法性质不同,新刑诉法和新民诉法对相关内容做了不同规定,对于其是否符合立法统一性、是否具有合理性、是否与其诉讼性质相一致,有必要从法学理论角度层面予以释明与检视。     

金融领域刑事立法与司法的错位与矫正

金融刑事立法与司法错位的表征有：金融刑事立法积极扩张,而司法适用谨小慎微,立法含混而司法解释有僭越刑事立法之嫌,司法自由裁量空间过大以及刑罚预防效果甚微等。主要原因有：刑事立法理念的导向、刑事立法新旧罪名衔接断层、司法系统金融专业素质薄弱以及金融犯罪刑罚配置不合理等。革新金融刑事立法理念,提高刑事立法的逻辑性和协调性,提升司法队伍的金融专业素质以及完善金融犯罪的刑罚配置将有利于金融刑事立法与司法错位的矫正。     

论讯问策略在消防刑事案件预审中的应用

调查讯问是消防刑事案件的主要工作内容,通过讯问可以查明火灾原因及认定火灾责任。如何开展好讯问工作的关键在于采用行之有效的讯问策略,本文从分析犯罪嫌疑人不同阶段的心理状态、行为表征人手,研究探讨了针对犯罪嫌疑人不同的心理特征,采取相应的讯问策略以及讯问中出示证据等问题。     

《刑法修正案(八)》对监狱行刑的影响及应对策略

《刑法修正案(八)》的颁布实施,调整了"死刑偏重,生刑偏轻"刑罚结构,体现了我国"宽严相济"的刑事政策。其中限制减刑、禁止假释范围的扩大,必将导致监狱长刑犯、累犯、死缓犯的增加,给监狱的监管安全、教育矫正带来极大挑战。监狱只有认真解读《刑法修正案(八)》,分析其对监狱行刑带来的影响,并采取相应的应对策略,才能提高罪犯的矫正质量,维护监狱和社会的安全和稳定。