Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminology > Chapter 1 - Interrogating criminal justice - BLOCK 2, BOOK 2 > Flashcards

Chapter 1 - Interrogating criminal justice - BLOCK 2, BOOK 2 Flashcards

1
Q

KEY AIM OF CHAPTER

A
  1. Situate criminal justice among a range of strategies that might be/are employed when social harms such as crimes occur
  2. In the main - these strategies are concerned with how to hold offenders to account
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

CONCEPT OF JUSTICE

A
  1. CONCEPT OF JUSTICE defies a straightforward definition
  2. It is abstract/opaque
  3. Can mean different things to different people
  4. It is a social value that nations strive to demonstrate and individuals demand
  5. How criminal justice is constituted depends on how crime is constituted
  6. Ability of CRIMINAL JUSTICE SYSTEM (CJS) to respond to and deliver justice when a crime occurs can be constrained by the procedural and structural form of the CJS itself.
  7. Concept of justice can conjure up competing images of:

a) fairness
b) equality
c) human rights
d) just deserts
e) deserved punishment
f) liberty
g) public protection
h) moral worth

  1. Criminal justice has been a subject of philosophical debate - is justice universally derived from natural principles or is it tied to specific changing social and political conditions or legal systems
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

VARIATION BETWEEN LEGAL SYSTEMS in the way criminal justice is constituted.

A
  1. There is variation between legal systems in the way that criminal justice is constituted
  2. MIXED LEGAL SYSTEMS are the most prevalent in terms of being used to govern globally
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

EXAMPLES OF LAW SYSTEMS

A
  1. MIXED LAW SYSTEMS - A mixture of all systems is used to govern, i.e SCOTLAND
  2. CIVIL LAW SYSTEM - Most European countries, Asia, central and south america use this system
  3. COMMON LAW SYSTEMS - UK, USA, Canada, and Oceania use this system
  4. MUSLIM LAW SYSTEM - I.e Islamic countries with Sharia law.
  5. CUSTOMARY LAW SYSTEM - i.e based on local knowledge and cultural traditions such as in those in Jersey and Andorra
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

BELIEFS ABOUT WHAT IS ‘JUST’

A
  1. Beliefs are contingent on circumstances. These may shift according to ‘cultural values and norms’
  2. Public and political perceptions of justice in the law are susceptible to changing sensibilities in relation to demands of society and rights of individuals.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

AUTHORITY OF THE STATE

A
  1. This can be reinforced or undermined by poublic perception of its ability to uphold and deliver justice effectively
  2. Individual or collective pursuits of justice can lead to major reforms in the laws, or new laws being passed
  3. EXAMPLE - The reform of the the ‘law of DOUBLE JEOPARDY’ - this suggests that Law is not always static, it can shift due to national and international pressure
  4. Double jeopardy and war crime examples are both reliant on criminal law and the courts to pursue and achieve justice.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

FACTORS INTEGRAL TO JUSTICE

A
  1. Considerations of human rights are integral to formulations of justice
  2. Reforms that afford rights to victims at the expense of offenders or the accused represent an ideology that suggest human rights are not universal, they are only recognised for those that are deemed as deserving.
  3. This ideology is not concerned with equality or balance in justice
  4. It creates further conflicts, social inequalities, and social harms etc.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

TYPES (FORMS) OF JUSTICE

A
  1. Justice can be evoked and practised in many sites for many purposes
  2. Justice procedures may be informal and formal
  3. FORMS OF JUSTICE INCLUDE:

a) criminal
b) civil
c) regulatory
d) restorative
e) indigenous
f) populist
g) social
h) global
i) environmental

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

DELIVERING CRIMINAL JUSTICE

A
  1. Criminal justice has ‘multiple meanings (ZEDNER, 2004)
  2. There are theoretical and philosophical justifications for national/international forms of delivering criminal justice - particularly in common law systems used in UK
  3. RANGE OF MECHANISMS FOR DELIVERING JUSTICE:

a) surveillance
b) crime control
c) due process
d) retribution
e) just deserts
f) deterrance
g) incapacitation
h) corrections
i) rehabilitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

KEY QUESTIONS AROUND JUSTICE

A
  1. How is justice delivered?
  2. Who delivers justice, who has the power?
  3. How is justice defined and delivered through mechanisms?
  4. Are harms caused through delivering justice?
  5. Are some forms of justice not as prevalent within various approaches?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

SURVEILLANCE

‘PANOPTICON’ PRISON DESIGN - BENTHAM

A
  1. Example - The ‘Panopticon’ prison design coined by Jeremy Bentham
  2. This design allowed for:
    a) the uninterrupted inspection, observation, surveillance of prisoners
    b) Inmates were separated from each other but place permanently in full view of the central unseen prison guard
    c) prisoners were visible at all times but were never sure when they were being observed, so they know they must behave. This promoted self-control and self-discipline from prisoners
    d) Bentham dreamed of PERPETUAL SURVEILLANCE being applied in cities, prisons, workhouses, asylums, hospitals, schools etc.
    e) Indeed - Institutional arrangements of the 19th century till the present day were based on COMPLIANCE being achieved through SURVEILLANCE.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

RANGE OF SURVEILLANCE TECHNIQUES - 21st CENTURY.

A
  1. CCTV
  2. Biometric scanning devices
  3. Smart cards
  4. fingerprinting
  5. iris scans
  6. Voice recognition
  7. DNA Testing
  8. Digitised facial recognition.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

2001 PATRIOT ACT (USA)

A
  1. 2001 PATRIOT ACT was introduced after 9/11
  2. This gave the government the power in the name on the war on terror to access peoples financial records, medical histories, internet usage, travel patterns, book purchases etc.
  3. Bu 2008 - UK had highest penetration of CCTV cameras in the world - 4 million - 1 for every 14 people.
  4. DATABASES are now commonplace for groups such as:

a) hooligans
b) political demonstrators
c) illegal immigrants
d) environmental campaigners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

WIDESPREAD CONSEQUENCES OF SURVEILLANCE DEVELOPMENTS.

A
  1. There are widespread consequences of surveillance developments for:

a) population control
b) spatial segregation
c) urban regulation (all MOONEY AND TALBOT, 2010).

  1. Modern forms of SOCIAL PANOPTICISM - operate in the background like an UNSEEN EYE (GANDY, 1993)
  2. Individuals are identified, classified, assessed to coordinate and control their access to goods and services
  3. SURVEILLANCE has become a system of power on which rests the survival of global corporate capital (GANDY, 1993)
  4. Its reach is:

a) pervasive
b) potentially dangerous
c) allocates privilege selectively on basis of information d) collected and stored
e) perpetuates inequality
f) perpetuates mistrust that leads to further surveillance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

TECHNOLOGIES OF SURVEILLANCE

A
  1. These offer protection and reassurance (positives)
  2. less private space
  3. potential greater state interference
  4. potential greater state control over citizens
  5. peoples information being collected without consent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

ABOLITIONISM

A
  1. ABOLITIONISM - A sociological and political perspective that analyses criminal justice and penal systems as social problems that intensify rather than diminish crime and its impact. Abolitionists advocate the radical transformation of the prison and punishment system and their replacement with a reflexive and integrative strategy for dealing with crime and harm.
     
     

 
 

 
 

 
 

 
 

 

 

 

 
 

 
 

 

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

AUTHORITARIANISM

A
  1. AUTHORITARIANISM- The mobilisation of state power to promote regulation and secure the dominance of particular groups or nations through repressive political and criminal justice agendas.
18
Q

CLASSICAL SCHOOL

A
  1. CLASSICAL SCHOOL - An approach to the study of crime and criminality that is underpinned by the notion of rational action and free will. It was developed in the late eighteenth and early nineteenth century by reformers who aimed to create a clear and legitimate criminal justice system based upon equality.
  2. At its core is the idea that punishment should be proportionate to the criminal act and should be viewed as a deterrent. Further assumptions include the notion of individual choice within a consensual society based upon a social contract and the common interest.
19
Q

CRIME CONTROL MODEL (PACKER, 1968).

Primary function is to uphold law and order.

There is a long-standing dispute in relation to how far justice should prioritise the protection of individual rights

OR

the protection of notions of public safety and making all individuals responsible for their actions.

Packer (1968) explored this tension and came up with 2 normative models to illustrate competing and shifting demands placed on criminal justice. These are:

  1. crime control values
  2. due process values.
A
  1. CRIME-CONTROL MODEL - A system of criminal justice that has as its primary aim the need to ‘repress’ criminal conduct. In this model, the courts are more guardians of law and order than upholders of impartial justice.

2.Crime control emphasises that criminal acts are major threats to the social order and that their
repression is the most important function of criminal justice. To achieve this, high rates of apprehension and conviction are required to demonstrate the efficiency, speed and certainty of outcome. The process is geared to the production of maximum convictions. Wrongful
conviction and police discretion are tolerated as long as they do not bring the system into disrepute. Packer (1968) referred to this as ‘assembly line justice’.

20
Q

DETERRENCE and DETERRENT MODEL OF CRIME CONTROL.

This was formulated by the CLASSICAL SCHOOL OF CRIMINOLOGY (CLASSICISM).

A
  1. DETERRENCE - A philosophy of punishment that aims to prevent criminal activity through the development and application of effective and efficient sanctions. It involves demonstrating to both the citizenry and the reasoning criminal that the pains and losses associated with apprehension and punishment will overshadow the possibility of criminal gain or profit.
  2. DETERRENCE - is based on a premise of affording rational, self-interested individuals good reasons not to commit crime
  3. A DETERRENT MODEL OF CRIME was formulated by THE CLASSICAL SCHOOL OF CRIMINOLOGY (CLASSICISM)
  4. Logic of classicism - crime is a rational, self-interested, freely chosen behaviour and any individual that commits crime will find the punishment so unpleasant they will not do it again.
  5. So - in the long run, punishment serves a s a deterrent to the prevention of future crime.
  6. Punishment must be the same for all individuals regardless of age, mentality, social status, gender etc.
  7. Individual differences from personal experiences or social factors are denied or ignored. So, clemency, pardons and mitigating circumstances are exclude.
  8. It is about equal rights for everyone - so the punishment should fir the crime, not the individual (ROSHIER, 1989).
21
Q

DUE-PROCESS MODEL (PACKER 1968)

normative model to illustrate competing and shifting demands placed on criminal justice by PACKER, 1968.

Primary function of this is to protect ‘civil liberties’

A
  1. DUE-PROCESS MODEL - An emphasis on the need to administer justice according to legal rules and procedures that are publicly known, fair and seen to be just.
  2. DUE PROCESS - places more emphasis on protecting
    the individual from unjust acts committed by the state.
  3. It does so by foregrounding procedural safeguards such as presumption of innocence, transparency of police and judicial proceedings and effective appeals
    procedures.
  4. The aim is to uphold the moral authority of the criminal process where strict and formal adherence to the law, judicial equality and the protection of individual rights is more significant than punishing offenders.
  5. Packer (1968) referred to this as ‘obstacle course justice’ in which prosecutors have to navigate their way through extensive sets of formal procedure. In a crime control model the primary function of criminal justice is to uphold law and order; in a due process model the primary function is to protect civil liberties.
     
22
Q

JUST DESERTS

A
  1. ‘JUST DESERTS’ - means ‘deserved punishment’ (p.16 and 17), and is found in the philosophical justification of punishment ‘RETRIBUTIVE THEORY/RETRIBUTION - which advocates repayment for ‘harm’ done - p.16
     
23
Q

NEO-CONSERVATISM

A
  1. NEO-CONSERVATISM - Neo-conservative criminology treats criminality as one of a group of social pathological phenomena, seeing its prevalence as due to the corrosive influence of permissive and liberal modern culture.
  2. In terms of criminal justice policy - neo-conservative criminology is oriented on the one hand to the preservation of traditional values and norms through coercive means, and on the other to the promotion of a technocratic and instrumental means of crime control that decouples the control of crime from its social and economic contexts.
  3. NEO-CONSERVATISM - stresses the need for a strong government and social authoritarianism to create a disciplined and hierarchical society in which individual needs come second (subordinated) to those of the nation
     
24
Q

PYRRHIC DEFEAT

A
  1. PYRRHIC DEFEAT - The proposition that failures in criminal justice to reduce crime recreate particular images of crime and criminals and deflect attention from the crimes of the powerful. Failure yields such benefits for those in positions of power that it amounts to a success.
  2. REIMAN (2007) argues aim of criminal justice is not to reduce crime or achieve justice, but is to construct a public image of the perpetual threat of crime from particular sections of society.
  3. This means particular populations defined as criminal must be maintained, and the CJS must be designed to fail and reduce crime.
  4. REIMAN (2007) refers to this ‘UPSIDE-DOWN IDEA’ of criminal justice as PYRRHIC DEFEAT THEORY’, in which criminal justice serves the powerful not by its success, but by its failure.
  5. By this - the public are presented with the image that crime is down to the poor, and more dangerous acts committed by the powerful are ignored and not defined as crime. This benefits the economically powerful, as their crimes are hidden and invisible, but the powerless are criminalised.
  6. So real danger is seen to come ‘FROM BELOW’ and not ‘FROM ABOVE’.
  7. In other words - criminal justice must be seen to fight some crime, but not enough to reduce or eliminate it.
  8. BOX (1987) - argues that the young, unemployed, minorities, become the most vulnerable to arrests and prosecution not because they commit more crime, but because they fit media, public, and political images of DANGEROUSNESS.
25
Q

REHABILITATION

A
  1. REHABILITATION - The reform of offenders through various treatment methods whereby they can be retrained and re-educated.
  2. A penal welfare model of crime control premised on ideas of individual pathology and treatment. This shift happened in late 19th - early 20th century in Britain.
  3. This moved away crime control, criminal justice, and full criminal responsibility, and moved towards focus on welfare and therapeutic treatment to suit each individual
  4. CRITICS OF REHABILITATION:
    a) COHEN (1988) argued rehabilitation was an extension of states punitive measures, and should not be viewed as a liberal punishment, as lack of due process violated individuals rights.
    b) MARTINSON (1974) - study suggested that different types of rehabilitative treatment made little or no difference to rates of offending/re-conviction. Essentially ‘nothing works’
  5. This assessment caused a lack of faith in ‘CORRECTIONALISM’ in relation to prison-based treatment programmes, probation interventions, and community corrections.
  6. PROPONENTS OF OF REHABILITATION:
    a) Some policymakers in US/UK attempted to keep alive a modified REHABILITATIVE IDEAL
    b) I,e McMAHON (1992) says community based correctional programmes should be expanded, they are as effective as institutional programmes, yet less costly, and more humane.
    c) CULLEN and GILBERT (1982) - Rehabilitation forces the state to recognise its obligation to care for offenders welfare and needs.
    d) since 1980’s there has been a rehabilitation revival in the form of risk management programmes focused on high-risk populations. This involves also stressing both offender RESPONSIBILITY and ACCOUNTABILITY.
26
Q

RETRIBUTION/ RETRIBUTIVE THEORY/and MODERN RETRIBUTIVISM AS JUSTICE.

A
  1. RETRIBUTION - The philosophy that vengeance should be sought and offenders punished for acts they have committed.
    1. Dominant philosophical justifications for punishment are found in RETRIBUTIVE THEORY which advocates repayment for harm done, including JUST DESERTS (deserved punishment)
  3. RETRIBUTIVE THEORY - is most concerned to respond to past offences
  4. RETRIBUTION - underpins notions of justice being seen to be done, and the punishment fitting the crime
  5. By this - punishing the offender is ‘constructed’ as a positive moral duty, whereby moral order can be atoned by the guilty offender suffering proportionate pain.
  6. Retribution concentrates on harms already occurred and not future conduct of the offender or crime prevention
  7. Retribution only focuses on punishing individuals who have deliberately violated the law or rights of another person. It removes any biases from punishment.
  8. This focus disentangles the doling out of justice from any concern for welfare or social problems.
  9. ‘MODERN RETRIBUTIVISM’ - based on the principle of just deserts and repels rehabilitation or correctional strategies.

10 . Leading proponent of ‘modern retributivism’ in 1970’s was VON HIRSCH (1976) - He argued for the reinstatement of retributive principles, but also acknowledges individuals right to have case dealt with fairly through ‘due process’

27
Q

FAMILY MODEL - (GRIFFITHS, 1990)

A
  1. Griffiths (1990) proposed am alternative FAMILY MODEL to move beyond the formal goals of crime control and due process.
  2. It is driven by principles of mutual interest, respect, concern, education, and reconciliation
  3. Indeed - without this family model - the criminal who is typically poor would always be a n outcast, and relations between the individual and state would be hostile.
28
Q

IDEOLOGY AS A HIDDEN AGENDA OF CRIMINAL JUSTICE (MILLER,1973)

A
  1. IDEOLOGY is the permanent hidden agenda of criminal justice. This suggests that criminal justice is not an IMPARTIAL SYSTEM (MILLER, 1973)
  2. Criminal process tends to protect the interests of the propertied ‘middle class’
  3. The ‘right’ complain about the excessive leniency and erosion of discipline and permissiveness, and the ‘left’ draw attention to excessive ‘CRIMINALISATION’, incarceration, systematic racism, and sexism etc.
  4. MILLERS identification of the role of IDEOLOGY is important as it highlights the vulnerability of the CJS to political power and preference.
  5. Thus - outcomes produced by CJS i.e low or high imprisonment rates, rehabilitative or austere prison conditions, and community or zero-tolerance policing strategies are associated with changing political agendas rather than crime rates or models of justice.
29
Q

UTILITARIANISM AS JUSTICE

A
  1. UTILITARIAN THEORY advocates deterrence, incapacitation, and rehabilitation.
  2. It is designed to prevent future law breaking
  3. It is concerned with the outcomes and consequences of punishment beyond those ensuring justice has to be done.
  4. UTILITARIANISM - is based on principle ‘ the greatest happiness of the greatest number’
  5. By this - human behaviour is shaped by pursuit of maximum advantage, pleasure, happiness, avoidance of pain, unhappiness, cost.
  6. UTILITARIAN THEORY OF PUNISHMENT - includes the notion of incapacitation
  7. This assumes offenders will commit a number of crimes over a period of time if they remain free in society. Furthermore, a substantial reduction in total crime rate CAN BE ACHIEVED THROUGH INCARCERATION
30
Q

NOTION OF ‘INCAPACITATION’

A
  1. UTILITARIAN THEORY OF PUNISHMENT - includes the notion of incapacitation
  2. This assumes offenders will commit a number of crimes over a period of time if they remain free in society. Furthermore, a substantial reduction in total crime rate can be achieved through incarceration.
  3. In 1980 and 90’s - incapacitation was the dominant rationale in the penal system
  4. Incapacitation - maintains that society should be protected for as long as possible from dangerous criminals.
31
Q

‘NEW PUNITIVENESS’ AND IMPRISONMENT

A
  1. Despite considerable evidence that imprisonment is an unreliable means through which to deliver control crime and deliver justice , the use of imprisonment is a proliferating practice worldwide.
  2. Sine 1990’s - ‘NEW PUNITIVENESS’ has seen strategies and mentalities applied in the USA and other countries penal systems
  3. There have been rising rates of:

a) chain gangs
b) imprisonment
c) supermax prisons
d) mandatory minimum prison sentences
e) austere prison regimes
f) zero-tolerance
g) death penalty

  1. ‘NEW PUNITIVENESS’ - is identifiable in many western and non-western countries and calls for a particular form of justice that is not impartial, but is emotionally driven and unrestrained.
32
Q

CORRECTIONS: PENAL WELFARE AND REHABILITATION

A
  1. CORRECTIONS - is a term used to refer to strategies ans programmes designed to treat, reform, rehabilitate offenders in penal and community settings.
  2. In accordance with DETERRENCE THEORY - It is forward looking and designed to prevent further offending.
  3. However - in contrast to retribution and deterence, it does not assume that offending is ‘always’ and ‘everywhere’ a result of ‘deliberative’ rational action
  4. Instead - it takes into account that behaviour is determined by ‘factors’ outside of an individuals control
  5. This proposition is central to all forms of POSITIVIST CRIMINOLOGY
33
Q

INDIVIDUAL POSITIVISM AND SOCIOLOGICAL POSITIVISM

A
  1. INDIVIDUAL POSITIVISM - focuses on the biological and psychological factors, locating sources of crime as within the ‘individual’.
  2. This contends that offending can be dealt with through ‘individualised methods’ of treatment.
  3. SOCIOLOGICAL POSITIVISM - is about maintaining that insight could be gained by studying ‘social context’ and ‘social constraints’ or opportunities that are EXTERNAL to the individual.
  4. By this - social and economic reform enter the crime control agenda, and once the problem is recognised and identified it can be treated and resolved.
  5. THIS APPROACH WAS POSITIVELY SUPPORTED 1900’S - 1960’S.
  6. This was thought of as the high-point of the REHABILITATIVE IDEAL that by addressing specific needs it is argued that rehabilitative treatment programmes can prevent people from re-offending.
  7. So instead of punishment fitting the crime, such as retribution theory, the treatment needs to match the individual offender.
34
Q

FEMINIST CONCEPTION OF JUSTICE - HEIDENSOHN (1986).

An alternative female or feminist conception of justice.

A
  1. Concern about the ability of CJS to take the issue of violence against women seriously, i.e rape and domestic abuse etc has seen HEIDENSOHN (1986) consider an alternative female or feminist conception of justice.
  2. HEIDENSOHN (1986) - refers to to two competing models of justice: PORTIA and PERSEPHONE.
  3. PERSEPHONE - is based on values of care and stresses reparation. It envisages a system where male control of power can be challenged.
  4. PORTIA - is based on values of RATIONALITY and INDIVIDUALISM and stresses rights and DUE PROCESS. It is unresponsive to needs of a woman to the extent it is driven by MASCULINE IMPERATIVES
  5. However - HEIDENSOHN recognises the dangers of welfarising justice for women in a PATRIARCHAL SOCIETY.
35
Q

RACIAL AND ETHNIC GROUPS IN CRIMINAL JUSTICE SYSTEM.

‘STATISTICS’.

A
  1. This refers to discriminatory treatment afforded to minority racial and ethnic groups in the CJS.
  2. IN USA - African american men constitute over half of all prison admissions despite being 7% of the population
  3. In 2008 - 1 in 9 black men aged 20 to 34 years was incarcerated
  4. WACQUANT (2001) - Penal system has replaced the ghetto for controlling and punishing blacks
  5. WAR IN DRUGS - legitimises explicit ‘TARGETING’ and ‘CRIMINALISATION’ of black communities
  6. WEBSTER (2007) - IN UK African Caribbean youth more likely to be stopped and arrested by police.
  7. Once arrested they are less likely to be cautioned than whites, but more likely to be prosecuted, and more likely to be remanded in custody and not get bail.
  8. Also - blacks are more likely to get longer custodial sentences than whites.
  9. HUDSON (2006) - Modern western societies reflect the dominant white affluent male. In other words ‘the white mans law’.
  10. As a result -this white mans law is designed to protect their specific needs by over penalising those who violate the norm of white masculinity.
  11. However - BOWLING AND PHILLIPS (2002) - say differential treatment dies exist, but it is not easy to locate exactly where discrimination and institutionalised racism occurs.
36
Q

TRANSNATIONAL JUSTICE - HISTORICALLY

A
  1. Concept of TRANSNATIONAL JUSTICE is relatively new, emerging from philosophy, political science, study of law.
  2. Its concerned with the meaning and application of international law as was first made,
  3. For instance - the establishment of the UNITED NATIONS or the NUREMBERG INTERNATIONAL MILITARY TRIBUNAL IN 1945.
  4. UNITED NATIONS CHARTER (1945) sets out the basic principles of international relations based on peace security, respect for human rights, cooperation between nations in addressing international problems.
  5. UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) was the first statutory instrument of universal human rights, but although its principles remain persuasive, they do not carry any effective means of enforcement.
  6. However - the ‘NUREMBERG TRIBUNAL’ established new international offences of crimes against peace, war crimes, and crimes against humanity (GREEN, 2010)..
37
Q

TRANSNATIONAL JUSTICE - NOWADAYS

A
  1. The rise of Transnational organised crime involving money laundering, drug trafficking, child pornography, and human trafficking across national borders prompted transnational policing and enforcement.
  2. In Europe - concern over lack of coordination between law enforcement agencies led to the creation of ‘EUROPOL’ ( EUROPEAN POLICE OFFICE).
  3. In 1990’s - transnational crime and international terrorism became key security issues in USA and EUROPE.
  4. Mass murders in Rwanda and Yugoslavia led to the establishment of ‘criminal tribunals’ to deal with these ‘war crimes’.
  5. In 1998 - a permanent ‘INTERNATIONAL CRIMINAL COURT’ was established in the Hague (city in Holland)
    to deal with ‘CRIMES AGAINST HUMANITY.’ However - this is not recognised in America.
  6. As a result - these means have made transnational justice possible, and it is becoming more prevalent (REICHEL, 2005).
38
Q

GLOBALISATION/ GLOBAL JUSTICE, and POLICY TRANSFER.

Globalisation is not one-dimensional

A
  1. Due to globalisation, the independence of the nation-state has been called into question.
  2. It is argued that ‘neo-liberal’ unregulated markets, capital mobility, and international competitiveness, have shifted POWER away from nation states and has narrowed their choice of strategic criminal justice and social policy options (BECK, 2000).
  3. Routes to justice are argued to convey across a ‘GLOBAL NORTH’ of Western societies
  4. The combination of initiatives in International law and the acceleration of policy flow is symptomatic of convergence and homogenisation brought on by GLOBALISATION.
  5. Flow of CRIMINAL JUSTICE POLICY around the world is a crucial indicator of the power of GLOBALISATION
  6. Nation states look worldwide to discover ‘what works’ in preventing crime and reoffending. This suggests emerging GLOBAL JUSTICE.
  7. US penal policies such as Zero-tolerance policing, curfews, electronic monitoring, mandatory sentencing, short sharp shock have now surfaced in European jurisdictions (WAQUANT, 1999). This is POLICY TRANSFER.
  8. Global justice remains in the process of development, but the idea of global justice is becoming more imaginable through:
    a) developments in transnational policing
    b) international policy transfers
    c) international criminal courts
    d) UN conventions
    e) global networks of policy dissemination
    f) anti-globalisation campaigns and protests.
39
Q

POTENTIAL DIFFICULTIES WITH POLICY TRANSFER

A
  1. POLICY TRANSFER may not be direct, complete, or exact
  2. National and local cultures are changeable
  3. Policy processes operate in ways that are specific to individual countries and the goals of policy makers and agendas (MUNCIE 2005)
  4. Borrowing ‘WHAT WORKS’ is seductive but depends on rational planning an an uncontroversial reliance that crime will be free from any political interference.
40
Q

CRIMINAL JUSTICE FACTS

A
  1. Interrogating criminal justice is a complex task
  2. Harm can arise as a result of criminal injustices
  3. Understandings of justice differ in local/global/transnational contexts
  4. Constitution of justice and criminal justice depends on considerations of ‘time and place’
  5. What is seen as ‘unjust’ differs across social, historical, and cultural contexts
  6. Justice can depend on differing standpoints and changing social sensibilities
  7. Strategies used in pursuit of justice, such as:

a) surveillance
b) crime control
c) punishment
d) corrections

must be considered alongside the POWER RELATIONS, political climates, and cultural contexts that surround them

Criminology (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions