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Date: April 29, 2024 Mon
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Results for administration of justice
21 results foundAuthor: Bullock, Karen Title: Examining Attrition in Confiscating the Proceeds of Crime Summary: From the report: "[t]his study sought to identify the extent of attrition (financial loss) in the confiscation order process and why it occurs. The study found that although the majority of cases experience little or no attrition, there is significant monetary attrition in the confiscation order system. However, much of the overall 'loss' shown by the statistics is artificial and stems from the operation of the Proceeds of Crime Act (POCA) (2002) - in particular, the broad assumptions that can be applied in the calculation of criminal benefit. Policy makers should therefore be aware of the distinction between this 'procedural attrition' and attrition that represents a true loss - in particular that which occurs during enforcement of orders." Details: London: Home Office Research, Development and Statistics Directorate, 2009 Source: Research Report 17 Year: 2009 Country: United Kingdom URL: Shelf Number: 115821 Keywords: Administration of JusticeLaw and Legislation |
Author: The Smart on Crime Coalition Title: Smart on Crime: Recommendations for the Administration and Congress Summary: Smart on Crime: Recommendations for the Administration and Congress provides the 112th Congress and the Administration with analysis of the problems plaguing our state and federal criminal justice systems and a series of recommendations to address these failures. It provides a comprehensive examination of the criminal justice system, from the creation of new criminal laws to ex-offenders’ reentry into communities after serving their sentences. The broad recommendations range from helping to restore and empower victims to identifying ways to protect the rights of the accused. Smart on Crime is organized into 16 chapters, each of which discusses a particular area of criminal justice policy. This report is premised on the idea that to successfully confront the crises in the criminal justice system, we must fully understand the nature of the problems, the context in which the problems arose and in which they continue to exist, and the manner in which recommendations will best address the problem. Thus, each chapter: Identifies the issue; Provides a history and summary of the problems; Proposes specific recommendations; Identifies the role of Congress, the Administration and the judiciary in implementing recommendations; Identifies experts who can provide further analysis; and Refers readers to further resources that provide additional depth and research Provides primary policy contacts available for further inquiries. Chapters include the following: Overcriminalization of Conduct, Overfederalization of Criminal Law, and Exercise of Enforcement Discretion; Asset Forfeiture; Federal Investigations; Federal Grand Juries; Forensic Science; Innocence Issues; Indigent Defense; Juvenile Justice; Federal Sentencing; Improving the Prison System; Death Penalty; Fixing Medellin: Ensuring Consular Access Through Compliance with International Law; Pardon Power and Executive Clemency; Reentry: Ensuring Successful Reintegration After Incarceration; Victims Issues & Restorative Justice; and System Change. Details: Washington, DC: The Constitution Project, 2011. 318p. Source: Internet Resource: Accessed March 18, 2011 at: http://www.besmartoncrime.org/pdf/Complete.pdf Year: 2011 Country: United States URL: http://www.besmartoncrime.org/pdf/Complete.pdf Shelf Number: 121078 Keywords: Administration of JusticeCriminal Justice ReformCriminal Justice Systems |
Author: Sumner, Cate Title: Courting Reform: Indonesia's Islamic Courts and Justice for the Poor Summary: Western perceptions of Islam in Indonesia are often dominated by images of radical minorities seeking a shari’ah state. In reality, however, mainstream Islamic institutions have played an important part in the post-Soeharto process of democratisation and institutional reform. Among them are Indonesia’s Islamic courts, the Pengadilan Agama or Religious Courts. This report shows the Islamic courts have embraced reform within a judicial system notorious for corruption and incompetence, taking the lead in efforts to deliver decisions that are more accessible, transparent and fair, especially for women and the poor. Details: Double Bay, New South Wales: Lowy Institute for International Policy, 2010. 72p. Source: Internet Resource: Lowy Institute Paper 31: Accessed April 4, 2011 at: http://www.lowyinstitute.org/Publication.asp?pid=1470 Year: 2010 Country: Indonesia URL: http://www.lowyinstitute.org/Publication.asp?pid=1470 Shelf Number: 121223 Keywords: Administration of JusticeCourt Reform (Indonesia)IslamJudicial System |
Author: Ingram, Matthew C. Title: Justiciabarómetro: Survey of Judges, Prosecutors, and Public Defenders in Nine Mexican States Summary: The Justiciabarómetro: Judicial Survey is a timely study of the judges, prosecutors, and public defenders that operate Mexico’s criminal justice system. The study’s results shed new light on both the current state of the administration of justice in Mexico and the sources of support for and resistance to the sweeping judicial reforms initiated by the administration of Mexican President Felipe Calderón in 2008. Among the key findings are the following: • General satisfaction with compensation, but frustration with workload varies: Judges, prosecutors, and public defenders appear to be generally satisfied with the levels of compensation they receive, though frustration with salary and workload vary by state. • Experience and merit drives professional advancement, but some see politics: Most respondents agreed that experience and training are a primary basis for employment and promotion, a significant portion of respondents feel that political contacts also play a role. • Despite respect for legality, some tolerance of unlawful behavior for justice: Regarding lawful behavior, there was widespread agreement that “illegal conduct” is unacceptable, even if no one gets hurt. However, one in four respondents —28.2%— were willing to tolerate occasional illegalities in the pursuit of justice. • Judges and defenders tend to see prosecutors as lacking in competency and integrity: While all respondents tended to have a high opinion of the professional competency and integrity of judges and public defenders, prosecutors were viewed as less competent and trustworthy by their colleagues in other professions. • Public defenders are more critical of procedure efficiency and perceive more violations of due process than judges and prosecutors: There were significant differences judges and prosecutors, on the one hand, and public defenders, on the other regarding the efficiency of the criminal justice system. Also, judges and prosecutors tend to believe that violations of due process —such as forced confessions— are very rare or never used, while public defenders are much more likely to disagree. • New judicial reforms seen by some ineffective, a result of foreign influence, and unlikely to reduce crime. Respondents were split on the effectiveness and efficiency of Mexico’s traditional criminal justice system, on whether that system was deliberately discredited to make way for the 2008 judicial reform, on whether foreign interests were behind the new judicial system, and whether judicial reform will reduce criminality. • Even so, new criminal procedures are generally well regarded, especially in states still awaiting reform. Still, the provisions included in the 2008 reforms —introducing oral, adversarial criminal procedures— were well regarded, particularly in states where they had not yet taken effect; the most significant reservations tended to register among respondents from states that had already adopted the reforms for some time. Many respondents are optimistic that it will improve efficiency and reduce corruption in the judicial system. Details: San Diego: Justice in Mexico Project, University of San Diego Trans-Border Institute, 2011. 136p. Source: Internet Resource: Accessed June 27, 2011 at: http://justiceinmexico.files.wordpress.com/2010/07/justiciabarometro-judicial-survey.pdf Year: 2011 Country: Mexico URL: http://justiceinmexico.files.wordpress.com/2010/07/justiciabarometro-judicial-survey.pdf Shelf Number: 121865 Keywords: Administration of JusticeCorruptionCourtsCriminal Justice Systems (Mexico)JudgesProsecutorsPublic Defenders |
Author: Ingram, Matthew C. Title: Assessing Mexico's Judicial Reform: Views of Judges, Prosecutors, and Public Defenders Summary: Assessing Judicial Reform in Mexico highlights the findings of a recent Justiciabarómetro survey of 276 judges, prosecutors, and public defenders working in Mexico’s criminal justice system from October to December 2010. The full report is available at www. justiceinmexico.org. This special report summarizes respondants’ attitudes regarding the workings of the Mexican criminal justice system, as well as the sweeping judicial reforms approved by Mexico’s Congress in 2008. Among the key findings highlighted in this report are the following: • Frustration with workload varies by state and profession: Judges, prosecutors, and public defenders appear to be generally satisfied with the levels of compensation they receive, though frustration with salary and workload vary by state. • General support for the traditional Mexican legal system remains strong: More than half of the respondents —especially judges— indicated that Mexico’s traditional inquisitorial system was both efficient and effective, and at least a third feel that the traditional system was disparaged by a deliberate, negative campaign designed to promote a shift to the new adversarial system. • Public defenders are more critical of the traditional system than others: There were significant differences between judges and prosecutors, on the one hand, and public defenders, on the other, regarding the efficiency of the criminal justice system. Also, judges and prosecutors tend to believe that violations of due process —such as forced confessions— are very rare or never used, while public defenders are more likely to strongly disagree. • There is significant skepticism about recent judicial reforms. Our findings suggest that there lingering concerns about reform efforts, above all among those who are currently attempting to work within the new oral, adversarial system. Respondents were split on whether judicial reform will reduce criminality, and a significant proportion feel that the reforms were the result of pressure by foreign governments and organizations. • Even so, there is hope that recent reforms will improve the justice system. Despite the concerns we find, the provisions included in the 2008 reforms —introducing oral, adversarial criminal procedures— were generally well regarded, particularly in states where they had not yet taken effect. While there are significant reservations in states that have already adopted the reforms for some time, many respondents are optimistic that they will ultimately help to improve efficiency and reduce corruption in the judicial system. Details: San Diego: Justice in Mexico Project, University of San Diego Trans-Border Institute, 2011. 38p. Source: Internet Resource: Accessed June 27, 2011 at: http://justiceinmexico.files.wordpress.com/2010/07/tbi-assessing-judicial-reform1.pdf Year: 2011 Country: Mexico URL: http://justiceinmexico.files.wordpress.com/2010/07/tbi-assessing-judicial-reform1.pdf Shelf Number: 121866 Keywords: Administration of JusticeCorruptionCourtsCriminal Justice Systems (Mexico)JudgesJudicial ReformProsecutorsPublic Defenders |
Author: DeShazo, Peter Title: Judicial Reform in Latin America - An assessment Summary: With an eye toward evaluating and measuring progress in judicial reform in Latin America during the latest wave of the reform process, the Americas Program of the Center for Strategic and International Studies (CSIS) in Washington, D.C., and the Justice Studies Center of the Americas1 (CEJA in Spanish) in Santiago, Chile, commissioned a series of papers on the topic that served as the basis for a conference held on June 7 in Washington, D.C. The individual studies, drafted by experts in the field, evaluated the judicial reform process in Argentina, Chile, Peru, Colombia, Venezuela, and Guatemala. Using these papers as points of reference, CSIS and CEJA brought together a group of distinguished experts in the field of legal reform in Latin America from universities, policy centers, civil society organizations, and the international financial institutions to analyze the current state of the administration of justice in the region. The June 7 conference was organized along the lines of three panels: two dealing with the individual country studies, with the author of each paper making an oral presentation followed by comments from a United States–based expert, and a final panel of four leading authorities providing regional analysis. This report summarizes the work of each of the three panels in the conference and outlines the conclusions reached and the recommendations for policymakers. The purpose of the project throughout was a practical one aimed at clarifying a regional picture of progress to date, or lack thereof, in judicial reform and at providing concrete suggestions to meet the challenges still pending. Electronic links to the country papers are listed in the text of this report. Details: Washington, DC: CSIS Americas Program, 2006. 25p. Source: Policy Papers on the Americas, Volume XVII, Study 2: Internet Resource: Accessed on January 31, 2012 at http://csis.org/files/media/csis/pubs/0609_latin_judicial_reform.pdf Year: 2006 Country: International URL: http://csis.org/files/media/csis/pubs/0609_latin_judicial_reform.pdf Shelf Number: 123887 Keywords: Administration of JusticeCriminal Justice Systems (Latin America)Judicial Reform (Latin America) |
Author: Lanham, Honor Title: Walk the Plank: Somali Pirates and International Law Summary: The perception of pirates as loveable rogues and swashbuckling sailors is a fanciful one. In reality, the piratical acts currently occurring off the coast of Somalia and in the Gulf of Aden present a major economic, humanitarian and security challenge to the global community. This is evidenced in the unprecedented international naval response. Currently, a naval coalition led by the United States of America (USA) and comprised of vessels and air support supplied by the European Union (EU), North Atlantic Treaty Organisation (NATO), India, China, Japan and Russia, amongst others, is patrolling affected sea tracts in the Horn of Africa. The upsurge in piracy and overwhelming naval response has thrown into stark relief the current international law framework governing piracy. Customary international law of the sea was codified in the 1982 United Nations (UN) Convention on the Law of the Sea (UNCLOS) referred to as “a constitution for the oceans.” With regard to a comprehensive definition of piracy, UNCLOS adopted the existing definition found in the 1958 UN Convention on the High Seas (UNCHS). That definition applies to both private ships and aircraft. While the inclusion of aircraft in the definition of piracy amounts to a progressive expansion of international law in this area, for the purposes of this dissertation, discussion shall solely focus on ships. The most distinctive aspect of the definition of piracy is that it is an offence confined to the high seas and thus outside the jurisdiction of any state. As well as defining piracy at international law, UNCLOS establishes enforcement and interdiction powers for the suppression of piracy and accordingly is the single most important international legal document in this area. Piracy was the first offence criminalised at international law and thus “inaugurates international criminal law.” It must be considered as distinct from any offence of piracy occurring in territorial waters recognised by domestic law. Part one of chapter one explores the historical development of the international crime of piracy and in particular the political interests which have determined its enforcement. Part two of chapter one establishes the extent of the Somali piracy epidemic. The serious economic, humanitarian and security threat piracy poses justifies current naval efforts and the need to support these efforts through the progressive development of international law which has occurred over the last 18 months. Chapter two traverses the key elements of the definition of piracy found in Art 101 of UNCLOS. It highlights controversy over the limited nature of that definition and justifies those limitations by reference to the historical antecedents of the offence of piracy. Importantly, this chapter highlights the fact that piracy should not be used as a vehicle to counter deficiencies in other areas of international law, namely terrorism. In chapter three, novel international and regional responses to piracy are assessed. In terms of international responses, in 2008 the UN Security Council (UNSC) began to respond to the challenges naval vessels were experiencing in suppressing piracy due to the limited nature of enforcement powers under UNCLOS. In particular, the UNSC has extended the ability of naval vessels to pursue pirates into territorial waters. The other notable international response is the use of bilateral prosecution agreements under which detained pirates are handed to Kenya for the purposes of prosecution. Finally, chapter three evaluates the Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden established in January 2009 to coordinate regional responses to piracy. Having considered the origins of piracy, definitional issues and novel modern responses, chapter four proposes the establishment of an international piracy court. While UNCLOS defines piracy at international law, it is the responsibility of states to implement appropriate domestic laws which provide for the prosecution and sentencing of pirates. Empirically, states can be said to have failed in this respect. The inability and unwillingness of states to prosecute piracy, coupled with the highly questionable practice of handing states to Kenya for prosecution, justifies the creation of a specialised court. Details: New Zealand: University of Otago, 2009. 72p. Source: Bachelor of Laws Dissertation: Internet Resource: Accessed February 11, 2012 at http://www.otago.ac.nz/law/oylr/2009/Honor_Lanham.pdf Year: 2009 Country: International URL: http://www.otago.ac.nz/law/oylr/2009/Honor_Lanham.pdf Shelf Number: 124090 Keywords: Administration of JusticeCourtsInternational CrimeInternational LawMartitime SecurityPiracy (Somalia) |
Author: King, Martha, ed. Title: Justice and Safety in America's Immigrant Communities: Conference Series Report Summary: This volume summarizes the research and discussions that took place during the Justice and Safety in America’s Immigrant Communities conference series. The series examined the special issues involved in the relationship between newly arrived Americans and the police. This volume also tells the story of the conference series’ process, which involved crossing the boundaries of academic disciplines, professional worlds and political outlooks. The series was designed around three daylong sessions. The first session, in November 2004, convened law enforcement leadership from New Jersey, New York and Philadelphia. The second session in March 2005 convened a group of advocates, elected officials, and community-based organizations representing jurisdictions with large immigrant populations in the same region. The culminating session occurred in May 2005. This final session brought together police and immigrant community leadership in order to generate promising strategies for improving safety and administration of justice in America’s immigrant communities. At each session, leading researchers presented their original work on: the perspectives of immigrant communities on policing strategies; the patterns of victimization and offending among immigrants; and, how September 11th affected communities with significant immigrant populations, including the role of local law enforcement in immigration control. The three conferences were structured to generate plans and ideas that law enforcement officials and immigrant community advocates could implement in their communities. Sessions one and two (see conference agendas in the appendix) were designed around a keynote address followed by presentations by three researchers. After each researcher presented his work, two to three responders, who were either immigrant community advocates or law enforcement leaders themselves, shared their reactions publicly and related the research to their own local experience. Each of these sessions incorporated audience questions and discussion. However, the last conference, which brought together advocates and law enforcement officials, was designed differently for two reasons. First, the final session was designed to bring advocates and law enforcement in dialogue based on their local experiences and their experiences from the first two sessions. The first two sessions, therefore, provided a common framework and base of knowledge for all participants. Second, the last conference was designed to generate specific strategies for improving police-community trust and cooperation that attendees could take back to their towns and neighborhoods. The last conference began with the three researchers reflecting on the reactions of conference participants to their research. The rest of the day was organized around smaller, moderated discussions of the issues at the core of the conference series: definitions of safety; barriers to safety and accessing justice; and strategies for improved safety and justice in immigrant communities. The three conferences addressed these topics from a regional perspective, incorporating promising practices, lessons and challenges from Philadelphia, New York and New Jersey. What emerged was that much work remains to be done and that many advocates and law enforcement leaders are ready to continue this work at both the local and federal levels. This volume serves as a template for participants and others interested in beginning this dialogue locally. What follows is an attempt to share the conference’s discussions and findings with a larger audience. The volume begins with the background paper that was sent to conference participants. A summary of the last session follows to highlight the participants’ recommendations. This is then followed by a summary of sessions one and two. The volume concludes with the three academic papers that formed the core of the conference discussions and presentations. Details: Princeton, NJ: Policy Research Institute for the Region, Woodrow Wilson School of Public & International Affairs, Princeton University, 2006. 110p. Source: Internet Resource: Accessed February 14, 2012 at http://wws.princeton.edu/research/prior-publications/conference-books/justice.pdf Year: 2006 Country: United States URL: http://wws.princeton.edu/research/prior-publications/conference-books/justice.pdf Shelf Number: 105029 Keywords: Administration of JusticeImmigrants (U.S.)Police-Community Relations |
Author: Petrosino, Anthony Title: Formal System Processing of Juveniles: Effects on Delinquency Summary: Justice practitioners have tremendous discretion when handling juvenile offenders who have committed minor crimes. Police officers, district attorneys, juvenile court intake officers, juvenile and family court judges and other officials decide whether the youth should be "officially processed" by the juvenile justice system of diverted from the system to a program, counseling, other services - or simply released. An important policy question is which strategy leads to the best outcome for juveniles. When examining the impact of juvenile system processing and whether it reduces subsequent delinquency, the authors reviewed studies that included more than 7,300 juveniles across 29 experiments reported over a 35-year period. Based on the evidence presented, not only does formal processing of juveniles appear not to control crime, it actually seems to increase delinquency. Details: Oslo: Campbell Collaboration, 2010. 88p. Source: Cambell Systematic Reviews 2010:1, Internet Resource: Accessed February 14, 2012 at www.campbellcollaboration.org/lib/download/761/ Year: 2010 Country: United States URL: Shelf Number: 118215 Keywords: Administration of JusticeCase ManagementCase ProcessingJuvenile DelinquecyJuvenile DiversionJuvenile Offenders |
Author: Gaanderse, Miranda Title: The Security Sector and Gender in West Africa: A Survey of Police, Defence, Justice and Penal Services in ECOWAS States Summary: This report, published in English and French, aims to systematically document the status of gender integration in the security sectors in 14 Member States of the Economic Community of West African States (ECOWAS). The report is designed to be a resource for people working in, or with, security sector institutions; for those interested in governance and development in West Africa; and for those involved in gender-related issues. It combines information gathered by in-country researchers, interviews, document analysis and desk research. Much of the data in this report has never before been published or compared across countries in the region. The survey is guided by the following two questions: Are security sector institutions providing adequate response to the different security and justice needs of men, women, boys and girls? What steps have been taken to create internally equitable, representative and non-discriminatory institutions? The report contains three main sections: an introduction, a summary and analysis of findings, and individual country profiles. The introduction provides background on the survey rationale, methodology and research challenges. The summary and analysis of findings offers a cross-country and cross-institution analysis of the survey findings, and includes a list of recommendations. The 14 extensive country profiles present easy-to-read yet detailed information structured by 101 indicators on national governance, police services, armed forces and gendarmerie, the justice system and penal services. The report can be downloaded as a single document in English and French, or in individual sections. Details: Geneva: DCAF (Geneva Centre for the Democratic Control of Armed Forces), 2011. 267p. Source: Internet Resource: Accessed January 23, 2019 at: https://www.files.ethz.ch/isn/141906/00_Complete_West%20Africa_gender_survey.pdf Year: 2011 Country: Africa URL: https://www.files.ethz.ch/isn/141906/00_Complete_West%20Africa_gender_survey.pdf Shelf Number: 124352 Keywords: Administration of JusticeCorrectional InstitutionsEvaluative StudiesFemale Police OfficersGenderSecurity Sector (West Africa) |
Author: Great Britain. National Audit Office Title: Comparing International Criminal Justice Systems Summary: This briefing was prepared for the House of Commons Justice Committee to provide an international dimension to its inquiry into the budget and structure of the Ministry of Justice in England and Wales. The briefing compares crime and criminal justice data from a number of different countries and sets out some of the challenges of making such comparisons. It also identifies a number of areas where it may be beneficial for the Ministry or others to do additional comparative work. Details: London: National Audit Office, 2012. 56p. Source: Briefing for the House of Commons Justice Committee: Internet Resource: Accessed March 13, 2012 at http://www.nao.org.uk//idoc.ashx?docId=558e0abc-7429-47cb-a1d9-51affadc6556&version=-1 Year: 2012 Country: International URL: http://www.nao.org.uk//idoc.ashx?docId=558e0abc-7429-47cb-a1d9-51affadc6556&version=-1 Shelf Number: 124473 Keywords: Administration of JusticeCrime TrendsCriminal Justice SystemsReoffending |
Author: Mauer, Marc Title: To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform Summary: In a new publication of The Sentencing Project 25 leading scholars and practitioners have contributed essays on their strategic vision for the next 25 years of criminal justice reform. Issues addressed in the collection include racial justice strategies, linking public health and criminal justice reform, challenging the war on drugs, and the viability of fiscal pressures as a focus for reform. Details: Washington, D.C.: The Sentencing Project, 2012. 68p. Source: Internet Resource: Accessed March 21, 2012 at http://sentencingproject.org/doc/publications/sen_25_eassys.pdf Year: 2012 Country: United States URL: http://sentencingproject.org/doc/publications/sen_25_eassys.pdf Shelf Number: 124637 Keywords: Administration of JusticeCriminal Justice ReformCriminal Justice SystemsDrug PolicyIncarcerationJuvenile JusticeRacial DisparitySentencing ReformVoting Rights |
Author: Drinan, Cara H. Title: Clemency in a Time of Crisis Summary: At the state level, the power to pardon or commute a criminal sentence — that is, to grant clemency — is vested in either the Governor, an executive clemency board, or some combination thereof. Until very recently, clemency grants were a consistent feature of our criminal justice system. In the last four decades, though, state clemency grants have declined significantly; in some states, clemency seems to have disappeared altogether. In this Article, I contend that executive clemency should be revived at the state level in response to ongoing systemic criminal justice failings. Part I of this Article describes clemency at the state level today. Despite judicial and scholarly support for the role of clemency in our criminal justice system, state clemency practice fails to live up to its theoretical justifications. Part II of this Article makes the case for a policy of vigorous clemency on both theoretical and practical grounds. Not only was clemency designed, at least in part, to serve an error-correcting function, but also, today, there are several reasons why state executive actors may be able to use their clemency power robustly without suffering politically. In Part III, I address questions of implementation. If state executive actors are to pursue commutations of sentences or pardons, which inmates should be the subject of such pursuits? How can those executive actors best be insulated from political pressure? In sum, this Article argues that revitalizing state clemency is a valuable and viable component of broader criminal justice reform. Details: Atlanta, GA: 28 Georgia State Law Review 1123, Forthcoming. 38p. Source: Internet Resource: Accessed June 20, 2012 at http://ssrn.com/abstract=2079812 Year: 1123 Country: United States URL: http://ssrn.com/abstract=2079812 Shelf Number: 125386 Keywords: Administration of JusticeClemencyCriminal Justice ReformPardons |
Author: British Columbia. Minister of Justice Title: Modernizing British Columbia's Justice System Summary: This Green Paper is intended to highlight several key issues within the justice system of British Columbia. These issues include the way independence is preserved, the way information and processes are managed, and the way change is implemented. While significant progress has been made within the justice system in recent years, problems of cost and delay are appearing to a degree which is increasingly unacceptable. Action is required due to the reliance of British Columbians, their families and our economy on a sound system of justice. While the system’s basics – its integrity, its personnel and its ability to innovate – remain strong, indicators of the system’s performance and current health give a mixed and confusing message, particularly in the area of criminal justice. “Inputs” into the system such as the rate of crime and the number of new cases are down. But the length of time spent by people remanded in custody or on bail awaiting trial is increasing, as is the total number of people being managed by the Corrections system. Costs, too, are increasing in real terms. The system is complex and challenging to reform. While it is possible to point to areas where a discussion of reform is warranted, it is also true that there are significant issues of culture and tradition within the system that may impede real understanding and change. Standing above this is the issue of independence of decision-making within the system. It is vital for our democracy that the exercise of judgment in criminal and civil cases – by police, by counsel, by judges and others in the system – be free of interference or influence. At the same time, the close linkage between the different parts of the justice system in managing case files, and our need to explain what is happening within the system, means we must administer the justice system as a system. In doing so, we must remain on strong constitutional grounds. These complexities were before Deputy Ministers during a review of the Ministries of Attorney General and Public Safety and Solicitor General throughout the autumn of 2011. They considered evidence showing that inputs to the system were in decline, as well as the measures currently being implemented across the ministries that are meant to increase efficiencies and reduce future pressures. Considering the counter-intuitive results of the ministries’ work – that resource demands continue – Deputies engaged Internal Audit to look more closely at immediate funding pressures and future costs. A number of areas of possible reform have been identified, and many more remain to be discovered. However, two important steps are required before further conclusions about next steps are drawn. First, an immediate review by an external observer is sought by government, focused on those areas considered within the realm of judicial independence and including the delivery of concrete recommendations for action. Second, input on this Green Paper will be sought from participants in the system as well as the citizens of British Columbia, who are the system’s ultimate stakeholders. The review and consultations will continue at the same time as ongoing administrative reform initiatives are being undertaken in the ministries. In July, government will issue the results of the review and consultations, along with an update on the ongoing administrative reforms, and will develop a plan of action to be outlined in a White Paper on Justice Reform in September 2012. Details: Vancouver, British Columbia: Minister of Justice, 2012. 32p. Source: Green Paper: Internet Resource: Accessed September 23, 2012 at http://www.ag.gov.bc.ca/public/JusticeSystemReviewGreenPaper.pdf Year: 2012 Country: Canada URL: http://www.ag.gov.bc.ca/public/JusticeSystemReviewGreenPaper.pdf Shelf Number: 126402 Keywords: Administration of JusticeCriminal Justice ReformCriminal Justice System (British Columbia) |
Author: Inter-American Commission on Human Rights Title: Access to Justice for Women Victims of Sexual Violence: Education and Health Summary: The Inter-American Commission on Human Rights presented today the report Access to Justice for Women Victims of Sexual Violence: Education and Health. The report analyzes the problem of sexual violence in the educational and health institutions in the Americas and the challenges in access to justice for victims of this violence. As established in the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, or “Convention of Belém do Pará”, the States have the responsibility of acting to fight discrimination and violence against women in all spheres. Notwithstanding, the IACHR report indicates that sexual violence persists against women and girls in the spheres of education and health. The report also found under-reporting of the phenomenon and impunity in the majority of the cases. The report further indicates this type of violence is tolerated by the society given the framework of very hierarchical gender relations. The report identifies girls, indigenous women, women with disabilities and women affected by armed conflict as groups at particular risk to human rights violations. In the case of education, sexual violence tends to be regarded as the natural order of things and as part of discipline and punishment. In the sphere of health, the problem of sexual violence committed by physicians and health-care professionals is virtually invisible. This is due to insufficient norms, procedures for filing complaints and disciplinary investigation in hospitals and health care centers. It is also attributable to inadequate statistics as well as to the meager information available on the rights of patients. The IACHR emphatically reasserts its profound concern over the fact that sexual violence committed against women and girls in educational and health-care institutions still enjoys social acceptance and that the vast majority of these acts are never punished. Even today, this kind of violence in these settings prevents many women and girls across the Americas from fully exercising their rights to education and health. In order to comply with their international human rights obligations, the States must adapt their legislation, public policies and practices and substantially improve their protection systems and the access to justice for victims of this phenomenon. The IACHR reminds the States their obligation to adopt measures in order to make compatible their norms and practices with the American Declaration, the Inter-American Convention, and other international instruments for the protection of human rights, and to comply with the Convention of Belém do Pará, which establishes the obligation for the States to protect women from violence in all its forms and in all spheres, in order to ensure that they can freely exercise their civil, political, economic, social, and cultural rights. The report contains urgent recommendations that seek to address sexual violence as an extreme form of discrimination and to ensure the basic guarantee of access to justice. The recommendations aim to improve the judicial response to acts of violence committed against women in educational institutions and health-care institutions. The Commission urges the States to overcome lingering cultural and legal obstacles to prevent and – failing that – to investigate and punish acts of sexual violence committed against women and girls in these settings. In addition, the IACHR calls on the States to create the conditions that enable women to use the justice systems to remedy the acts of violence they suffer and to be treated respectfully and decently by public officials. The Commission also calls upon the States to adopt public policies intended to put a stop to cultural patterns that regard sexual violence as the norm or that trivialize it. Details: Washington, DC: Organization of American States, 2011. 71p. Source: Internet Resource: Accessed September 23, 2012 at http://www.oas.org/en/iachr/women/docs/pdf/SEXUALVIOLENCEEducHealth.pdf Year: 2011 Country: United States URL: http://www.oas.org/en/iachr/women/docs/pdf/SEXUALVIOLENCEEducHealth.pdf Shelf Number: 126408 Keywords: Abused WomenAdministration of JusticeEducationHealthSexual Abuse VictimsSexual ViolenceViolence Against Women |
Author: United Nations. General Assembly. Human Rights Council Title: Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Summary: In States in which the death penalty continues to be used, international law imposes stringent requirements that must be met for it not to be regarded as unlawful. In the present report, the Special Rapporteur considers the problem of error and the use of military tribunals in the context of fair trial requirements. He also examines the constraint that the death penalty may be imposed only for the most serious crimes: those involving intentional killing. Lastly, he considers the issues of collaboration and complicity, in addition to transparency in respect of the use of the death penalty. Details: Vienna: United Nations, 2012. 25p. Source: United Nations Report A/67/275: Internet Resource: Accessed November 3, 2012 at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N12/457/80/PDF/N1245780.pdf?OpenElement Year: 2012 Country: International URL: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N12/457/80/PDF/N1245780.pdf?OpenElement Shelf Number: 126861 Keywords: Administration of JusticeCapital PunishmentCriminal Justice ReformDeath PenaltyExtrajudicial ExecutionsHuman Rights |
Author: Borakove, M. Elaine Title: From Silo to System: What Makes a Criminal Justice System Operate Like a System? Summary: For years, criminal justice systems have been described as being broken into silos - an analogy that reflects how insular each part of the criminal justice system has become, which has resulted in heightened attention on the intake and output of people and less attention paid to the fundamental principles of the justice system. This report is the result of an exploratory case study approach that used in-depth interviews, as well as quantitative and qualitative data, from eight county-based criminal justice systems that have been cited over the years as being "highly effective." The goal of this study was to create a framework for change that focuses on improving criminal justice system processes and outcomes by identifying the factors that create local systems that make improving the administration of justice a priority. Details: Arlington, VA: Justice Management Institute, 2015. 22p. Source: Internet Resource: Accessed January 11, 2016 at: http://www.safetyandjusticechallenge.org/wp-content/uploads/2015/07/From-Silo-to-System-30-APR-2015_FINAL.pdf Year: 2015 Country: United States URL: http://www.safetyandjusticechallenge.org/wp-content/uploads/2015/07/From-Silo-to-System-30-APR-2015_FINAL.pdf Shelf Number: 137455 Keywords: Administration of JusticeCriminal Justice Systems |
Author: Kane-Berman, John Title: Going Off the Rails: The Slide Towards the Lawless South African State Summary: South Africa is widely recognised as a lawless country. It is also a country run by a government which has itself become increasingly lawless. This is so despite all the commitments to legality set out in the Constitution. Not only is the post-apartheid South Africa founded upon the principle of legality, but courts whose independence is guaranteed are vested with the power to ensure that these principles are upheld. Prosecuting authorities are enjoined to exercise their functions "without fear, favour, or prejudice". The same duty is laid upon other institutions established by the Constitution, among them the public protector and the auditor general. Everyone is endowed with the right to "equal protection and benefit of the law". We are all also entitled to "administrative action that is lawful, reasonable, and procedurally fair". Unlike the old South Africa – no doubt because of it – the new Rechtsstaat was one where the rule of law would be supreme, power would be limited, and the courts would have the final say. This edifice, and these ideals, are under threat. Lawlessness on the part of the state and those who run it is on the increase. The culprits run from the president down to clerks of the court, from directors general to immigration officials, from municipal managers to prison warders, from police generals to police constables, from cabinet ministers to petty bureaucrats. Lawlessness ranges from protecting the criminal, to hounding the innocent, to crushing the poor. It runs from the unconstitutional to the outright criminal, from the brazen and defiant to the negligent or ignorant. It embraces slamming down the telephone on judges as well as victimising traffic policemen who flag down celebrities. It ranges from violations of parliamentary procedure, to breaches of the Public Finance Management Act, to outright skulduggery and corruption. Its victims include taxpayers who get fleeced, mining companies whose licence applications are unlawfully denied, suppliers who do not get paid for their services, and motorists who are forced off the road by reckless government drivers. The victims also include prisoners denied medical treatment, refugees forced to pay bribes, hawkers whose goods are unlawfully confiscated, and poor people unlawfully evicted from shacks which are then unlawfully demolished. Some people are unlawfully appointed, some unlawfully dismissed, some both. Others are unlawfully denied appointment or promotion. A criminal record is no bar to appointment or promotion, even in agencies designed to combat crime. Physical torture seems to be pervasive. Perpetrators of crime often get away with it. Some victims are able to seek redress in the courts, others suffer in silence. Many cases of lawlessness are reported in the newspapers, but they are probably the tip of quite a large iceberg. The courts are the ultimate guarantors of our rights and of legality but they are insulted, their orders are sometimes ignored, and their decisions are frequently taken on endless appeals. Sometimes instead of bowing to the courts and the law, the government seeks – unlawfully – to change the law. Statutory organisations designed to apply the law are deliberately undermined, while watchdogs and whistle-blowers seeking to uphold the law are subjected to intimidation. Lawlessness predates President Jacob Zuma's assumption of power in 2009, but it has intensified during his rule as more and more people and institutions follow his example and the examples of those who condone his behaviour. Details: Johannesburg: IRR (South African Institute of Race Relations), 2016. 46p. Source: Internet Resource: Internet Resource: Accessed November 3, 2016 at: http://us-cdn.creamermedia.co.za/assets/articles/attachments/65454_going_off_the_rails_02.11.2016_.pdf Year: 2016 Country: South Africa URL: http://us-cdn.creamermedia.co.za/assets/articles/attachments/65454_going_off_the_rails_02.11.2016_.pdf Shelf Number: 144997 Keywords: Administration of JusticeCorruptionCrimeCriminal Justice AdministrationCriminal Justice SystemsLawlessness |
Author: Queensland. Audit Office Title: Criminal Justice System -- Reliability and Integration of Data Summary: Queensland's criminal justice system prevents, detects, and investigates crimes. It delivers judicial processes, manages prisoners and offenders, and provides rehabilitation services. The Queensland Police Service and the Department of Justice and Attorney-General (through its Queensland Courts Service, Queensland Corrective Services, and Office of the Director of Public Prosecutions) are the prime agencies for delivering these services. Throughout this report, we refer to these entities collectively as criminal justice entities. These entities collect valuable data on occurrences (crimes, traffic matters, missing persons, domestic violence, and other incidents), people, and property, and on their activities. They use the data when making decisions about their activities and when allocating resources. The government relies on the statistics and reports generated from this data to set its policy direction. The public rely on it for an appreciation of levels of community safety. Between 2010-11 and 2015-16, the Queensland Police Service recorded 2 174 144 occurrences with 2 809 283 reportable offences into the Queensland Police Records Information Management Exchange (QPRIME) system. The Queensland Police Service define a reportable offence as any act reported to, or becoming known by, the police that they consider, prima facie (at first view, before investigation), to be in breach of the criminal law. The Queensland Police Service has an unacceptable amount of crime data across the state that is incomplete, inaccurate, and wrongly classified. Contributing to this are officers' poor understanding or use of data classification rules, poor guidance, inappropriate data classification practices and inadequate quality assurance controls. As a result, reported crime statistics are questionable at best and unreliable at worst, and should be treated with caution. Underlying the crime statistics, we undertook a statewide assessment of Queensland Police QPRIME system data. Between 2010-11 and 2015-16, we found 22 per cent of all occurrence reports with reportable offences recorded in the Queensland Police Records Information Management Exchange (QPRIME) system, were incomplete, inaccurate or both. We also identified trends in withdrawn and unfounded offences that warranted investigation Details: Brisbane: Audit Office, 2017. 81p. Source: Internet Resource: Report 14: 2016-17: Accessed May 5, 2017 at: http://apo.org.au/files/Resource/qao_criminal_justice_system_data_report_14_april_2017.pdf Year: 2017 Country: Australia URL: http://apo.org.au/files/Resource/qao_criminal_justice_system_data_report_14_april_2017.pdf Shelf Number: 145319 Keywords: Administration of JusticeCrime StatisticsCriminal InvestigationCriminal Justice StatisticsCriminal Justice Systems |
Author: Perrin, Benjamin Title: Report Card on the Criminal Justice System #2 Summary: Canada's criminal justice system is facing a litany of serious challenges, including significant underreporting of crime by victims, delays and inefficiencies, rising costs, and considerable overrepresentation of Indigenous people in prison. In 2016, the Macdonald-Laurier Institute issued its inaugural Report Card on the Criminal Justice System: Evaluating Canada's Justice Deficit, which brought these issues to light using quantitative data and a systematic approach to measuring the strengths and shortcomings of the criminal justice system in each province and territory. It spurred public commitments by several provincial and territorial governments to improve their criminal justice systems. In this second report card, we use recently collected data to update the performance of the criminal justice system in each province and territory and in Canada as a whole. Using Statistics Canada data and quantitative statistical methods, we assess each province and territorys criminal justice system based on five major objectives: public safety, support for victims, costs and resources, fairness and access to justice, and efficiency. Nationally, some trends stand out in the system's performance over the last five years. There have been notable improvements in crime rates, which have dropped, there are now fewer police officers required per capita, and there have been increases in per crime legal aid expenditures on criminal matters, a measure of access to justice. On the other hand, the weighted non-violent crime clearance rate has declined, meaning proportionately fewer cases are being solved, the incidents of breach of probation per 1,000 crimes have risen, and the cost of corrections per capita has also gone up. Furthermore, Indigenous people are greatly overrepresented as a proportion of those in prison. There were some notable changes in the provinces and territories between the 2016 and 2017 report cards, including improvements in Ontario (which was the most improved) and Nunavut, and declines in Quebec and British Columbia. Details: Ottawa: Macdonald Laurier Institute, 2018. 68p. Source: Internet Resource: Accessed March 14, 2018 at: https://macdonaldlaurier.ca/files/pdf/MLI_JusticeReportCard_Final_web2.pdf Year: 2018 Country: Canada URL: https://macdonaldlaurier.ca/files/pdf/MLI_JusticeReportCard_Final_web2.pdf Shelf Number: 149463 Keywords: Administration of JusticeCriminal Justice AdministrationCriminal Justice Systems |
Author: Dumont, Robyn Title: 2017 Court Access and Fairness Survey Report Summary: This report summarizes the findings from the 2017 Maine Court Access and Fairness Survey, which asked survey participants to respond to a series of court "access" and "fairness" question. The survey was conducted in March 2017 by the Maine Statistical Analysis Center and was completed by 1,039 participants, all of who were visitors to various courthouses across the State of Maine. The survey results summarized in this report are part of ongoing efforts by the Maine Judicial Branch (MJB) to be responsive to the government and the public. Findings from this research were positive, reflecting court users' belief that courts are both accessible and fair. The majority of court users agreed or strongly agreed with survey statements affirming that courts are accessible (83%) and likewise agreed or strongly agreed with statement s affirming that they are fair (78%). Details: Portland: Maine Statistical Analysis Center, 2018. 72p. Source: Internet Resource: Accessed November 8, 2018 at: https://cpb-us-w2.wpmucdn.com/wpsites.maine.edu/dist/2/115/files/2018/05/2017_Court_Access_and_Fairness_Survey_Report-1tpod2e.pdf Year: 2018 Country: United States URL: https://cpb-us-w2.wpmucdn.com/wpsites.maine.edu/dist/2/115/files/2018/05/2017_Court_Access_and_Fairness_Survey_Report-1tpod2e.pdf Shelf Number: 153284 Keywords: Administration of JusticeCourt SystemCourts |