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Posts tagged criminal justice
Crime and Justice in India

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By N. Prabha Unnithan

Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.

SAGE, 2013, 476 pages

Black Homicide Victimization in the United States: An Analysis of 2020 Homicide Data

By Marty Langley and VPC Executive Director Josh Sugarmann.  

To educate the public and policymakers about the reality of black homicide victimization, each year the VPC releases Black Homicide Victimization in the United States (follow this link to download the study as a pdf). This annual study examines black homicide victimization at the state level utilizing unpublished Supplementary Homicide Report data from the Federal Bureau of Investigation. The study ranks the states by their rates of black homicide victimization and offers additional information for the 10 states with the highest black homicide victimization rates.

Washington, DC: Violence Policy Center, 2023. 18p.

Challenge Trial Judges Face When Authenticating Video Evidence in the Age of Deepfakes

By Taurus Myhand

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images are not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the gatekeeping role trial judges must perform in light of the unique challenges posed by deepfake video evidence. This article further examines why the jury instruction approach and the rule change approaches proposed by other scholars are insufficient to combat the grave threat of false video evidence. This article concludes with a discussion of the affidavit of forensic analysis approach, a robust response to the authentication challenges posed by deepfakes. The AFA approach preserves most of the current construction of the Federal Rules of Evidence while reviving the gatekeeping role of the trial judge in determining the admissibility of video evidence. The AFA will provide the trial judges with the tools necessary to detect and exclude deepfake videos without leaving an everlasting taint on the juries that would have otherwise seen the falsified videos.

Widener Law Review, 2023. 19p.

RACE, VIOLENCE, AND JUSTICE IN THE POST-WORLD WAR II SOUTH

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By GAIL WILLIAMS O'BRIEN

On February 25, 1946, African Americans in Columbia, Tennessee, averted the lynching of James Stephenson, a nineteen-year-old, black Navy veteran accused of attacking a white radio repairman at a local department store. That night, after Stephenson was safely out of town, four of Columbia's police officers were shot and wounded when they tried to enter the town's black business district. The next morning, the Tennessee Highway Patrol invaded the district, wrecking establishments and beating men as they arrested them. By day's end, more than one hundred African Americans had been jailed. Two days later, highway patrolmen killed two of the arrestees while they were awaiting release from jail.

Drawing on oral interviews and a rich array of written sources, Gail Williams O'Brien tells the dramatic story of the Columbia "race riot," the national attention it drew, and its surprising legal aftermath. In the process, she illuminates the effects of World War II on race relations and the criminal justice system in the United States. O'Brien argues that the Columbia events are emblematic of a nationwide shift during the 1940s from mob violence against African Americans to increased confrontations between blacks and the police and courts. As such, they reveal the history behind such contemporary conflicts as the Rodney King and O. J. Simpson cases.

University of North Carolina Press, 1999, 334 pages

Offending by young people with disability: A NSW linkage study

By Stewart Boiteux and Suzanne Poynton 

AIM To describe rates of offending by young people with disability, and identify factors associated with their first contact with the youth justice system in NSW. METHOD A birth cohort of young people with disability residing in NSW was identified using State and Commonwealth information on health and disability service contacts from a large linked administrative dataset. Rates of offending were compared for young people with and without disability. Logistic regression analysis was undertaken to examine factors associated with the initial offending contact for young people with disability in the birth cohort. Differences in offence types and court outcomes for young people with disability were compared with young people with no known disability. RESULTS Despite accounting for only 3.5% of the population, young people with disability comprised 7.7% of all young people who had at least one police caution, youth justice conference or court appearance before the age of 18 and 17.4% of those with at least one youth detention episode. On average, people with disability had their first contact with the NSW criminal justice system at an earlier age, had a higher frequency of contacts, and had a different profile of offence types compared to people without disability. Offenders with disability received diversionary outcomes under the Young Offenders Act 1997 (NSW) at a similar rate to offenders without disability, but for matters proceeding to court, young people with disability received section 32 and 33 dismissals under the (now repealed) Mental Health (Forensic Provisions) Act 1990 (NSW) at a much higher rate. For people with disability, factors such as a later age of initial contact with disability-related services, greater remoteness of residence, and frequency of child protection contact were strongly associated with the likelihood of having a police caution, youth justice conference or court appearance before the age of 18. CONCLUSION People with disability have higher rates of contact with the youth justice system than people without disability and are significantly overrepresented in the youth custody population.

(Crime and Justice Bulletin No. 254). 

Sydney: NSW Bureau of Crime Statistics and Research , 2023. 39p.

People with disability and offending in NSW: Results from the National Disability Data Asset pilot 

By Clare Ringland, Stewart Boiteux and Suzanne Poynton 

AIM To describe the proportion of people with disability in New South Wales who offend, and the proportion of offenders who have a disability, separately for young and adult offenders. METHOD Data were obtained for individuals in contact with the criminal justice system and/or specific disability support services between 1 January 2009 and 31 December 2018. For those who accessed these core disability support services (the “disability cohort”), we report frequencies and percentages relating to whether individuals had offending and/or custodial records during the 10-year period. Similarly, for the young and adult offender cohorts, we report frequencies and percentages relating to whether individuals had a disability, as per the disability cohort definition or a broader disability indicator. The following characteristics were also considered: age, sex, Aboriginality, type of disability (cognitive, psychosocial, physical), offence type (violent, domestic violence (DV) related, property), whether custodial episodes were sentenced episodes, and whether individuals were recorded as victims of crime during the same 10-year period. RESULTS Sixteen per cent of the disability cohort had a finalised matter (caution, youth justice conference, or court appearance) during the 10-year period; 5 per cent had a custodial episode. Across all offence types, rates were highest for those with psychosocial disability, particularly those with both cognitive and psychosocial disabilities. Rates were also higher for males (vs. females), for those aged 15–34 years (vs. <15 years and 35–64 years), for Aboriginal people, and for those recorded as victims of crime. Almost a quarter of young offenders were identified as people with disability (10% in the disability cohort), with rates of disability highest for DV offenders (42% identified with disability, 19% in the disability cohort). Similarly, 27 per cent of adult offenders were identified as people with disability (16% in the disability cohort), with highest rates of disability for property offenders (45% identified with disability, 25% in the disability cohort). Rates of disability were higher in Aboriginal offenders than non-Aboriginal offenders. Aboriginal offenders were also more likely than non-Aboriginal offenders to have been victims of crime during the period. For example, 90 per cent of Aboriginal female young offenders with disability were recorded as victims of crime during the period, versus 59 per cent of non-Aboriginal female young offenders with no identified disability. More than 2 in 5 young people and around 1 in 2 adults with sentenced custodial episodes were identified as people with disability.

CONCLUSION:  A significant proportion of young and adult offenders were identified as people with disability and many of these individuals had also been victims of crime. There is an urgent need for further disability focused research to identify opportunities for strengthened support and diversion for this vulnerable group

(Bureau Brief No. 164).

Sydney: NSW Bureau of Crime Statistics and Research, 2023. 22p

The Port-Crime Interface: A Report on Organised Crime and Corruption in Seaports

By  Anna Sergi

This project involved qualitative primary research into criminality within seaports, by observing how ports, as microcosmic realities run through formal and informal relationships and have specific security vulnerabilities, which facilitate different types of illegal or deviant behaviours. Research has been carried out in two European ports (Liverpool and Genoa) and three non-European ones (Montreal, New York and Melbourne), which are either targets of, or transit zones for, criminal activities and criminal networks.  The main aim of this comparative research project was to improve policy understanding of how the complex relationships within ports act as conduits or facilitators in how criminal networks operate in the territory of and around the ports. With specific attention to the changing geopolitical conditions surrounding the port of Liverpool within the Brexit scenario, the study has looked at what could be learned in the British experience from international ones both in terms of security and in terms of transnational risk assessments. 

London: University of Essex, 2020.    230p.

The Sixty-Year Trajectory of Homicide Clearance Rates: Toward a Better Understanding of the Great Decline

By Philip J. Cook and Ashley Mancik

In 1962, the FBI reported a national homicide clearance rate of 93%. That rate dropped 29 points by 1994. This Great Decline has been studied and accepted as a real phenomenon but remains mysterious, as does the period of relative stability that followed. The decline was shared across regions and all city sizes but differed greatly among categories defined by victim race and weapon type. Gun homicides with Black victims accounted for most of the decline. We review the evidence on several possible explanations for the national decline, including those pertaining to case mix, investigation resources, and citizen cooperation. Our preferred explanation includes an upward trend in the standard for arrest, with strong evidence that although clearance-by-arrest rates declined, the likelihood of conviction and prison sentence actually increased. That result has obvious implications for the history of policing practice and for the validity of the usual clearance rate as a police performance measure.

Annual Review of Criminology, Volume 7, Page 59 - 83

Rockford Focused Deterrence Initiative Research Report: Examining Key Program Processes, Services Provided and Outcomes of the Rockford, Illinois Focused Deterrence Initiative

By Amanda Ward, Christopher Donner, David Olson, Alexandre Tham and Kaitlyn Faust

To address escalating street and gun-violence in Rockford, Illinois, Winnebago County’s Criminal Justice Coordinating Council piloted the Focused Deterrence Intervention (FDI) between January of 2018 and November of 2019. The intervention utilized a “focused deterrence” or “pulling-levers” framework to identify and deter members of the community who are at a heightened risk of committing future acts of street and gun violence. Loyola University Chicago’s Center for Criminal Justice Research, Policy and Practice collaborated with Winnebago County’s Criminal Justice Coordinating Council to support the development, implementation and evaluation of the Focused Deterrence Intervention. The present report reviews FDI’s pilot years, with a focus on evaluating FDI processes key to the program design.

Chicago: Center for Criminal Justice Research, Policy & Practice, Loyola University Chicago, 2020. 50p.

Negotiated Justice and Corporate Crime: The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements

By Colin King and Nicholas Lord

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

Cham: Springer, 2018. 167p.

Understanding and Addressing Youth in “Gangs” in Mexico

By Nathan P. Jones

This report seeks to understand and define the gang issue in Mexico, establish the regional histories and sociologies of what is known about these gangs, and understand the causes of youth gang involvement. The paper briefly describes U.S.-Mexico bilateral efforts on youth gang prevention via the Merida Initiative, and identifies a sampling of existing civil society groups and programs geared specifically toward addressing youth gangs in Mexico and Central America. The report concludes with a set of policy recommendations for the U.S. and Mexican governments on how to best support civil society and strengthen relevant state institutions.

Washington DC: Woodrow Wilson Center for International Scholars; Trans-Border Institute, San Diego: University of San Diego; 2013. 46p.

Preventing, Protecting, Providing Access to Justice: How can states respond to femicide?

By Tamsin Bradley

Growing awareness of femicide has not universally translated into effective policy and programming. Though legislation relating to gender-based violence and/or femicide exists in many countries, both persist. A combined social, cultural, political and economic approach situates femicide prevention and responses at various levels, including changes in individual behaviour. Using the term ‘femicide’ more frequently at international forums is crucial not only to focus attention on the gendered nature of violence but also to act as a call for action. Situational studies reveal that political will to end femicide differs from country to country. Femicide together with the patriarchal norms and misogyny that precipitate it are not just extra-EU problems. Rather, they are of global concern, demanding a global response; in non-EU countries this response is often dependent on donor funding. We now know more than ever what works to reverse patterns of violence. These patterns can be broken by developing the capacity of women’s organisations and strengthening global feminist movements that work with national and local activist networks. Additionally, engaging men and boys in this process of transformation is vital if we are to address violence against women and girls and ultimately end femicide.

Brussels: European Parliament, 2021. 22p.

Europe in Crisis: Crime, Criminal Justice, and the Way Forward. Essays in Honour of Nestor Courakis.

Edited by C.D. Spinellis / Nikolaos Theodorakis Emmanouil Billis / George Papadimitrakopoulos.

Volume Ii: Essays In English, German, French, And Italian. Nestor Courakis is Emeritus Professor of Criminology and Penology at the National and Kapodistrian University of Athens, Faculty of Law and a full-time Professor at the University of Nicosia.

Athens: ANT. N. Sakkoulas Publishers L.P , 2017. 1899p.