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Do Medical Marijuana Laws Reduce Addictions And Deaths Related To Pain Killers?, David Powell, Rosalie Pacula, Mireille Jacobson Feb 2018

Do Medical Marijuana Laws Reduce Addictions And Deaths Related To Pain Killers?, David Powell, Rosalie Pacula, Mireille Jacobson

David Powell

Recent work finds that medical marijuana laws reduce the daily doses filled for opioid analgesics among Medicare Part-D and Medicaid enrollees, as well as population-wide opioid overdose deaths. We replicate the result for opioid overdose deaths and explore the potential mechanism. The key feature of a medical marijuana law that facilitates a reduction in overdose death rates is a relatively liberal allowance for dispensaries.  As states have become more stringent in their regulation of dispensaries, the protective value generally has fallen. These findings suggest that broader access to medical marijuana facilitates substitution of marijuana for powerful and addictive opioids. 


Sex Crimes: Transnational Problems And Global Perspectives, Alissa R. Ackerman, Rich Furman Jun 2016

Sex Crimes: Transnational Problems And Global Perspectives, Alissa R. Ackerman, Rich Furman

Rich Furman

Sex crimes, such as rape, child sexual abuse, and intimate partner violence, are increasingly transnational in nature, introducing unique cross-border and cross-cultural challenges for police, the courts, and the law. Policy makers and practitioners are in need of a resource that explores the incidence, prosecution, and treatment of sexual crimes across different countries and cultures. This book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspective. Introducing an array of new tools for reducing the prevalence and consequences of sex crimes, this volume brings …


Violent Offenses Associated With Co-Occurring Substance Use And Mental Health Problems: Evidence From Cjdats., Stanley Sacks, Charles Cleland, Gerald Melnick, Patrick Flynn, Kevin Knight, Peter Friedmann, Michael Prendergast, Carrie Coen Mar 2016

Violent Offenses Associated With Co-Occurring Substance Use And Mental Health Problems: Evidence From Cjdats., Stanley Sacks, Charles Cleland, Gerald Melnick, Patrick Flynn, Kevin Knight, Peter Friedmann, Michael Prendergast, Carrie Coen

Peter D. Friedmann MD

The present study examines the relationship between substance use, mental health problems, and violence in a sample of offenders released from prison and referred to substance abuse treatment programs. Data from 34 sites (n = 1,349) in a federally funded cooperative, the Criminal Justice Drug Abuse Treatment Studies (CJDATS), were analyzed. Among parolees referred to substance abuse treatment, self-reports for the six-month period before the arrest resulting in their incarceration revealed frequent problems with both substance use and mental health. For most offenders with substance use problems, the quantity of alcohol consumed and the frequency of drug use were associated …


Medication-Assisted Treatment In Criminal Justice Agencies Affiliated With The Criminal Justice-Drug Abuse Treatment Studies (Cj-Dats): Availability, Barriers, And Intentions., Peter Friedmann, Randall Hoskinson, Michael Gordon, Robert Schwartz, Timothy Kinlock, Kevin Knight, Patrick Flynn, Wayne Welsh, Lynda Stein, Stanley Sacks, Daniel O'Connell, Hannah Knudsen, Michael Shafer, Elizabeth Hall, Linda Frisman Mar 2016

Medication-Assisted Treatment In Criminal Justice Agencies Affiliated With The Criminal Justice-Drug Abuse Treatment Studies (Cj-Dats): Availability, Barriers, And Intentions., Peter Friedmann, Randall Hoskinson, Michael Gordon, Robert Schwartz, Timothy Kinlock, Kevin Knight, Patrick Flynn, Wayne Welsh, Lynda Stein, Stanley Sacks, Daniel O'Connell, Hannah Knudsen, Michael Shafer, Elizabeth Hall, Linda Frisman

Peter D. Friedmann MD

Medication-assisted treatment (MAT) is underutilized in the treatment of drug-dependent, criminal justice populations. This study surveyed criminal justice agencies affiliated with the Criminal Justice Drug Abuse Treatment Studies (CJ-DATS) to assess use of MAT and factors influencing use of MAT. A convenience sample (N = 50) of criminal justice agency respondents (e.g., jails, prisons, parole/probation, and drug courts) completed a survey on MAT practices and attitudes. Pregnant women and individuals experiencing withdrawal were most likely to receive MAT for opiate dependence in jail or prison, whereas those reentering the community from jail or prison were the least likely to receive …


Limiting Options: Sex Ratios, Incarceration Rates, And Sexual Risk Behavior Among People On Probation And Parole., Traci Green, Enrique Pouget, Magdalena Harrington, Faye Taxman, Anne Rhodes, Daniel O'Connell, Steven Martin, Michael Prendergast, Peter Friedmann Mar 2016

Limiting Options: Sex Ratios, Incarceration Rates, And Sexual Risk Behavior Among People On Probation And Parole., Traci Green, Enrique Pouget, Magdalena Harrington, Faye Taxman, Anne Rhodes, Daniel O'Connell, Steven Martin, Michael Prendergast, Peter Friedmann

Peter D. Friedmann MD

BACKGROUND: To investigate how incarceration may affect risk of acquiring HIV and other sexually transmitted infections, we tested associations of ex-offenders' sexual risk behavior with the male-female sex ratio and the male incarceration rate. METHODS: Longitudinal data from 1287 drug-involved persons on probation and parole as part of the Criminal Justice Drug Abuse Treatment Studies were matched by county of residence with population factors, and stratified by race/ethnicity and gender. Generalized estimating equations assessed associations of having unprotected sex with a partner who had HIV risk factors, and having >1 sex partner in the past month. RESULTS: Among non-Hispanic black …


Evidence-Based Treatment Practices For Drug-Involved Adults In The Criminal Justice System., Peter Friedmann, Faye Taxman, Craig Henderson Mar 2016

Evidence-Based Treatment Practices For Drug-Involved Adults In The Criminal Justice System., Peter Friedmann, Faye Taxman, Craig Henderson

Peter D. Friedmann MD

OBJECTIVE: The aim of this study was to estimate the extent and organizational correlates of evidence-based practices (EBPs) in correctional facilities and community-based substance abuse treatment programs that manage drug-involved adult offenders. METHODS: Correctional administrators and treatment program directors affiliated with a national sample of 384 criminal justice and community-based programs providing substance abuse treatment to adult offenders in the United States were surveyed in 2004. Correctional administrators reported the availability of up to 13 specified EBPs, and treatment directors up to 15. The sum total of EBPs indicates their extent. Linear models regress the extent of EBPs on variables …


Effect Of An Organizational Linkage Intervention On Staff Perceptions Of Medication-Assisted Treatment And Referral Intentions In Community Corrections., Peter Friedmann, Donna Wilson, Hannah Knudsen, Lori Ducharme, Wayne Welsh, Linda Frisman, Kevin Knight, Hsiu-Ju Lin, Amy James, Carmen Albizu-Garcia, Jennifer Pankow, Elizabeth Hall, Terry Urbine, Sami Abdel-Salam, Jamieson Duvall, Frank Vocci Mar 2016

Effect Of An Organizational Linkage Intervention On Staff Perceptions Of Medication-Assisted Treatment And Referral Intentions In Community Corrections., Peter Friedmann, Donna Wilson, Hannah Knudsen, Lori Ducharme, Wayne Welsh, Linda Frisman, Kevin Knight, Hsiu-Ju Lin, Amy James, Carmen Albizu-Garcia, Jennifer Pankow, Elizabeth Hall, Terry Urbine, Sami Abdel-Salam, Jamieson Duvall, Frank Vocci

Peter D. Friedmann MD

INTRODUCTION: Medication-assisted treatment (MAT) is effective for alcohol and opioid use disorders but it is stigmatized and underutilized in criminal justice settings. METHODS: This study cluster-randomized 20 community corrections sites to determine whether an experimental implementation strategy of training and an organizational linkage intervention improved staff perceptions of MAT and referral intentions more than training alone. The 3-hour training was designed to address deficits in knowledge, perceptions and referral information, and the organizational linkage intervention brought together community corrections and addiction treatment agencies in an interagency strategic planning and implementation process over 12 months. RESULTS: Although training alone was associated …


Collaborative Behavioral Management: Integration And Intensification Of Parole And Outpatient Addiction Treatment Services In The Step'n Out Study., Peter Friedmann, Anne Rhodes, Faye Taxman Mar 2016

Collaborative Behavioral Management: Integration And Intensification Of Parole And Outpatient Addiction Treatment Services In The Step'n Out Study., Peter Friedmann, Anne Rhodes, Faye Taxman

Peter D. Friedmann MD

Integration of community parole and addiction treatment holds promise for optimizing the participation of drug-involved parolees in re-entry services, but intensification of services might yield greater rates of technical violations. Collaborative behavioral management (CBM) integrates the roles of parole officers and treatment counselors to provide role induction counseling, contract for pro-social behavior, and to deliver contingent reinforcement of behaviors consistent with contracted objectives. Attendance at both parole and addiction treatment are specifically reinforced. The Step'n Out study of the Criminal Justice-Drug Abuse Treatment Studies (CJ-DATS) randomly allocated 486 drug-involved parolees to either collaborative behavioral management or traditional parole with 3-month …


Collaborative Behavioral Management For Drug-Involved Parolees: Rationale And Design Of The Step'n Out Study., Peter Friedmann, Elizabeth Katz, Anne Rhodes, Faye Taxman, Daniel O'Connell, Linda Frisman, William Burdon, Bennett Fletcher, Mark Litt, Jennifer Clarke, Steven Martin Mar 2016

Collaborative Behavioral Management For Drug-Involved Parolees: Rationale And Design Of The Step'n Out Study., Peter Friedmann, Elizabeth Katz, Anne Rhodes, Faye Taxman, Daniel O'Connell, Linda Frisman, William Burdon, Bennett Fletcher, Mark Litt, Jennifer Clarke, Steven Martin

Peter D. Friedmann MD

This article describes the rationale, study design, and implementation for the Step'n Out study of the Criminal Justice Drug Abuse Treatment Studies. Step'n Out tests the relative effectiveness of collaborative behavioral management of drug-involved parolees. Collaborative behavioral management integrates the roles of parole officers and treatment counselors to provide role induction counseling, contract for pro-social behavior, and deliver contingent reinforcement of behaviors consistent with treatment objectives. The Step'n Out study will randomize 450 drug-involved parolees to collaborative behavioral management or usual parole. Follow-up at 3-and 9-months will assess primary outcomes of rearrest, crime and drug use. If collaborative behavioral management …


Collaborative Behavioral Management Among Parolees: Drug Use, Crime And Re-Arrest In The Step'n Out Randomized Trial., Peter Friedmann, Traci Green, Faye Taxman, Magdalena Harrington, Anne Rhodes, Elizabeth Katz, Daniel O'Connell, Steven Martin, Linda Frisman, Mark Litt, William Burdon, Jennifer Clarke, Bennett Fletcher Mar 2016

Collaborative Behavioral Management Among Parolees: Drug Use, Crime And Re-Arrest In The Step'n Out Randomized Trial., Peter Friedmann, Traci Green, Faye Taxman, Magdalena Harrington, Anne Rhodes, Elizabeth Katz, Daniel O'Connell, Steven Martin, Linda Frisman, Mark Litt, William Burdon, Jennifer Clarke, Bennett Fletcher

Peter D. Friedmann MD

AIMS: To determine whether collaborative behavioral management (CBM) reduces substance use, crime and re-arrest among drug-involved parolees. DESIGN: Step'n Out was a randomized behavioral trial of CBM versus standard parole (SP) during 2004-08. CBM adapted evidence-based role induction, behavioral contracting and contingent reinforcement to provide parole officer/treatment counselor dyads with positive tools in addition to sanctions to manage parolees' behavior over 12 weeks. SETTING: Six parole offices in five states in the USA. PARTICIPANTS: Parolee volunteers with a mandate for addiction treatment and a minimum of 3 months of parole (n = 476). Follow-up was 94% at 3 months and …


Cjdats Co-Occurring Disorders Screening Instrument For Mental Disorders (Codsi-Md): A Pilot Study., Stanley Sacks, Gerald Melnick, Carrie Coen, Steven Banks, Peter Friedmann, Christine Grella, Kevin Knight Mar 2016

Cjdats Co-Occurring Disorders Screening Instrument For Mental Disorders (Codsi-Md): A Pilot Study., Stanley Sacks, Gerald Melnick, Carrie Coen, Steven Banks, Peter Friedmann, Christine Grella, Kevin Knight

Peter D. Friedmann MD

This article describes the development of an instrument to screen male and female offenders for co-occurring substance use and mental disorders. This phase developed and pilot tested (N = 100) the Criminal Justice Drug Abuse Treatment Studies (CJDATS) Co-occurring Disorders Screening Instrument for Mental Disorders (CODSI-MD), a 6-item instrument derived from three standard mental health screeners. The overall accuracy of the CODSI-MD (81%) compared favorably with the three standard instruments. A second 3-item instrument, developed to screen for severe mental disorders (the CODSI-SMD), had an overall accuracy of 82%. The results of this pilot study must be viewed cautiously, pending …


Cjdats Co-Occurring Disorders Screening Instrument (Codsi) For Mental Disorders (Md): A Validation Study., Stanley Sacks, Gerald Melnick, Carrie Coen, Steve Banks, Peter Friedmann, Christine Grella, Kevin Knight, Caron Zlotnick Mar 2016

Cjdats Co-Occurring Disorders Screening Instrument (Codsi) For Mental Disorders (Md): A Validation Study., Stanley Sacks, Gerald Melnick, Carrie Coen, Steve Banks, Peter Friedmann, Christine Grella, Kevin Knight, Caron Zlotnick

Peter D. Friedmann MD

Three standardized screening instruments-the Global Appraisal of Individual Needs Short Screener (GSS), the Mini-International Neuropsychiatric Interview-Modified (MINI-M), and the Mental Health Screening Form (MHSF)-were compared to two shorter instruments, the 6-item Co-Occurring Disorders Screening Instrument for Mental Disorders (CODSI-MD) and the 3-item CODSI for Severe Mental Disorders (CODSI-SMD) for use with offenders in prison substance-abuse treatment programs. Results showed that the CODSI screening instruments were comparable to the longer instruments in overall accuracy and that all of the instruments performed reasonably well. The CODSI instruments showed sufficient value to justify their use in prison substance-abuse treatment programs and to warrant …


Adding Positive Reinforcement In Justice Settings: Acceptability And Feasibility., Danielle Rudes, Faye Taxman, Shannon Portillo, Amy Murphy, Anne Rhodes, Maxine Stitzer, Peter Luongo, Peter Friedmann Mar 2016

Adding Positive Reinforcement In Justice Settings: Acceptability And Feasibility., Danielle Rudes, Faye Taxman, Shannon Portillo, Amy Murphy, Anne Rhodes, Maxine Stitzer, Peter Luongo, Peter Friedmann

Peter D. Friedmann MD

Although contingency management (CM) approaches are among the most promising methods for initiating drug abstinence (S. T. Higgins, S. M. Alessi, & R. L. Dantona, 2002; S. T. Higgins, S. H. Heil, & J. P. Lussier, 2004), adoption and implementation of CM protocols into treatment programs are both challenging and infrequent. In criminal justice agencies, where roughly 70% of clients report substance abuse issues (F. S. Taxman, K. L. Cropsey, D. W. Young, & H. Wexler, 2007), CM interventions are virtually nonexistent. The Justice Steps (JSTEPS) study uses a longitudinal, mixed-method design to examine the implementation of a CM-based protocol …


Exploring Demographic, Structural, And Behavioral Overlap Among Homicide Offenders And Victims, Lisa Broidy, Jerry Daday, Cameron Crandall, David Sklar, Peter Jost Mar 2016

Exploring Demographic, Structural, And Behavioral Overlap Among Homicide Offenders And Victims, Lisa Broidy, Jerry Daday, Cameron Crandall, David Sklar, Peter Jost

Jerry K. Daday

Criminologists tend to focus their attention on the dynamics of offending, paying limited theoretical and empirical attention to the well-established relation between offending and victimization. However, a number of criminological theories predict similarities in the correlates and etiology of victimization and offending, suggesting substantial overlap across offender and victim populations. Empirical research confirms this overlap across offender and victim populations, at least among those involved in nonlethal incidents. This research explores whether similarities between offender and victim populations extends to homicide, using criminal justice, health care, and U.S. Census data linked to homicide offenders and victims in Bernalillo County, New …


Criminal Procedure In Perspective, Kit Kinports Jan 2016

Criminal Procedure In Perspective, Kit Kinports

Kit Kinports

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional provisions at issue …


Sex Offending And Serious Mental Illness: Directions For Policy And Research, Andrew Harris, William Fisher, Bonita Veysey, Laura Ragusa, Arthur Lurigio Jan 2016

Sex Offending And Serious Mental Illness: Directions For Policy And Research, Andrew Harris, William Fisher, Bonita Veysey, Laura Ragusa, Arthur Lurigio

Arthur J. Lurigio

Over the past decade, two rapidly evolving areas of criminal justice practice have garnered increasing attention from policy makers, practitioners, and researchers: the management and treatment of justice involved individuals with serious and persistent mental illness, and the challenges of managing the perceived societal risk presented by sex offenders. Yet, whereas each of these issues has independently attracted significant attention, the nexus between them has remained largely unexamined. Matters of concern include the manner in which individuals with serious mental illness may be disproportionately affected by the expanding range of restrictions placed on those with sexual offense histories, the demands …


Expanding The Jury: A Provocative Proposal (Reviewing Laura Appleman, Defending The Jury: Crime, Community, And The Constitution (2015)) (Forthcoming), Nancy Marder Dec 2015

Expanding The Jury: A Provocative Proposal (Reviewing Laura Appleman, Defending The Jury: Crime, Community, And The Constitution (2015)) (Forthcoming), Nancy Marder

Nancy S. Marder

Expanding the Jury: A Provocative Proposal, ___ Criminal Justice Ethics ___ (forthcoming 2016) (reviewing Laura Appleman, Defending the Jury: Crime, Community, and the Constitution (2015)).


The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow Dec 2015

The Emerging Neoliberal Penality: Rethinking Foucauldian Punishment In A Profit-Driven Carceral System, Kevin Crow

Kevin Crow

This paper argues that there is a new neoliberal penality emerging in the United States that exhibits four primary characteristics: (1) the death of rehabilitation, (2) the de-individualization of the criminal, (3) the emergence of a market for deviance, and (4) the managerialistic approach. The prison-industrial complex in the United States illustrates these characteristics, but the characteristics are not limited to the prison-industrial complex.

The paper draws on Foucault's concept of the prison as an institution primarily of individual normalization, but notes that it presupposes rehabilitation as the primary goal of the institution. Using Foucault's work in Discipline and Punish …


Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi Dec 2015

Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi

Mark L Noferi

Today in the United States, mandatory immigration detention imposes extraordinary deprivations of liberty following ordinary crimes—if the person convicted is not a U.S. citizen. Here, I explore that disparate treatment, in the first detailed examination of mandatory detention during deportation proceedings for U.S. crimes. I argue that mandatory immigration detention functionally operates on a “noncitizen presumption” of dangerousness. Mandatory detention incarcerates noncitizens despite technological advances that nearly negate the risk of flight, with that risk increasingly seen as little different regarding noncitizens, at least those treated with dignity. Moreover, this “noncitizen presumption” of danger contravenes empirical evidence, and diverges from …


Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears Dec 2015

Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears

David C. Brown

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …


"Brown On Brown": The Institutional Conditioning Of Racial Conflict In An Urban High School, Calvin Morrill, Michael Musheno, Cindy Bejarano, Christine Yalda, Madelaine Adelman Dec 2015

"Brown On Brown": The Institutional Conditioning Of Racial Conflict In An Urban High School, Calvin Morrill, Michael Musheno, Cindy Bejarano, Christine Yalda, Madelaine Adelman

Michael Musheno

No abstract provided.


Defining Conflict And The Repertoire Of Youth Conflict Management, Christine Yalda, Michael Musheno, Calvin Morrill Dec 2015

Defining Conflict And The Repertoire Of Youth Conflict Management, Christine Yalda, Michael Musheno, Calvin Morrill

Michael Musheno

No abstract provided.


Developing Understandings Of Racial Profiling Issues And Practices: An Annotation And Analysis Of Key Documents, M. Bortner, Heather Campbell, Rob Melnick, Michael Musheno, Carlos Posadas, Anne Schneider, Christine Yalda Dec 2015

Developing Understandings Of Racial Profiling Issues And Practices: An Annotation And Analysis Of Key Documents, M. Bortner, Heather Campbell, Rob Melnick, Michael Musheno, Carlos Posadas, Anne Schneider, Christine Yalda

Michael Musheno

No abstract provided.


Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel Dec 2015

Criminal Laws: Materials And Commentary On Criminal Law And Process In Nsw, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel

David C. Brown

This third edition of Criminal Laws continues and extends the features that made the second edition the leading tertiary criminal law teaching and resource book in NSW and the ACT, highly influential in other states, and a must for practitioners working in criminal law.It combines: key primary materials for students, in the form of the leading cases and statutes; extracts from secondary literature, which provide context and commentary from a range of perspectives and disciplines; and extensive critical commentary by the authors.Criminal law is approached as a mode of regulation with specific limits, and a sceptical attitude is maintained to …


Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey Dec 2015

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.


Profiling Arson, Katarina Fritzon, Rebekah Doley, Ryan Bell Nov 2015

Profiling Arson, Katarina Fritzon, Rebekah Doley, Ryan Bell

Ryan Bell

Overview: Criminal psychological profiling is the forensic technique of inferring personal, psychological, demographic, and behavioral characteristics of offenders based on crime scene evidence. While the majority of research concerning criminal pro-filing has been focused on the investigation of crimes of sexual violence such as murder and rape, criminal psychological profiling is frequently described as being applicable to the investigation of serial arson crimes, and the frequency with which psychological profiling has been used in the investigation of arson crimes has been growing steadily over the past 30 years (Drabsch 2004; Kocsis 2004, 2006; Turvey1999). This current entry reviews the growing …


Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison Nov 2015

Dr. Panopticon, Or How I Stopped Worrying And Learned To Love The Drone, Caren Morrison

Caren Myers Morrison

Of all the ways the government has to watch us, unmanned aerial vehicles, commonly known as drones, best capture the visceral fear of the all-seeing surveillance state. Because drones are becoming increasingly tiny, inexpensive, and powerful, they could enable a new species of universal surveillance, turning our cities into a modern version of Bentham’s panopticon. But this essay, written for the criminal justice symposium issue of the JCRED, is not about the alarming consequences of surveillance technology. Instead, it seeks to explore whether there is anything useful to be learned from the possibility of continuous mass surveillance. Not just useful …


Two Scales Of Justice: A Reply, Alan Young Oct 2015

Two Scales Of Justice: A Reply, Alan Young

Alan N. Young

Victims' rights tend to be associated with a conservative, crime-control agenda, and this association is borne out by some of the American reforms that do serve to erode an accused's constitutional rights. However, this erosion is neither natural nor inevitable and can easily be prevented. The current disdain with which the public view the criminal process should compel lawmakers to consider deep structural reforms that will include greater respect for the victims of crime. In order for North American jurisdictions to accommodate fully the needs of victims, it may be necessary for lawmakers to streamline the process by reducing the …


Comment: The Constitutional Domestication Of Our Courts — Openness And Publicity In Judicial Proceedings Under The Charter, Jamie Cameron Oct 2015

Comment: The Constitutional Domestication Of Our Courts — Openness And Publicity In Judicial Proceedings Under The Charter, Jamie Cameron

Jamie Cameron

This chapter discusses openness in the common law tradition and considers how the underlying values of this vital principle should apply to restrictions on access to proceedings and publication bans in the era of the Charter. It argues that closure of trial proceedings, entirely or in part, should rarely be upheld under the Charter. The Criminal Code provision dealing with closure is unnecessarily broad and can only be applied constitutionally in a narrow range of circumstances. Publication bans also offend the principles of openness and publicity. Mandatory bans should not be found constitutional in the absence of compelling circumstances. Prior …


Tradition And Change Under The Charter: The Adversary System, Third Party Interests And The Legitimacy Of Criminal Justice In Canada, Jamie Cameron Oct 2015

Tradition And Change Under The Charter: The Adversary System, Third Party Interests And The Legitimacy Of Criminal Justice In Canada, Jamie Cameron

Jamie Cameron

This chapter examines the Charter’s impact on the criminal justice system from the perspective of third parties and the ways they have changed the traditional conception of the criminal trial as a contest between two adversaries – the Crown and the accused. As demonstrated by Dagenais v. CBC and the cases on the rights of complainants (especially in sexual assault proceedings), the arrival of third party stakeholders has created new dynamics for the Crown and the accused, and has forced the Supreme Court to address the status of third party entitlements under the Charter. This chapter examines the interface between …