Open Access. Powered by Scholars. Published by Universities.®
Social Control, Law, Crime, and Deviance Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Research report (2)
- Theorising criminal justice (2)
- African-american (1)
- Bandes urbaines (1)
- Belgium (1)
-
- Citizenship (1)
- Civil forfeiture and taxation of organised crime (1)
- Collateral consequences (1)
- Constitutional Theory (1)
- Criminal Law and Procedure (1)
- DNA databases (1)
- Delinquent juveniles (1)
- Detention (1)
- Disenfranchisement (1)
- Disgust (1)
- Diversion (1)
- Domestic Violence, Witness Tampering (1)
- Emotion (1)
- Ex-offender (1)
- Felon (1)
- Hearsay and Confrontation (1)
- Human Dignity (1)
- Jongeren (1)
- Juveniles (1)
- Kass (1)
- Law and Society (1)
- Legal Theory (1)
- Netherlands (1)
- Nussbaum (1)
- Overlast (1)
Articles 1 - 16 of 16
Full-Text Articles in Social Control, Law, Crime, and Deviance
Ain’T I A Woman, Too?: The Thirteenth Amendment, In Defense Of Incarcerated Women’S Reproductive Rights, Alexandria Gutierrez
Ain’T I A Woman, Too?: The Thirteenth Amendment, In Defense Of Incarcerated Women’S Reproductive Rights, Alexandria Gutierrez
Alexandria Gutierrez
In her memoir, Harriet Ann Jacobs highlights the unique impact slavery had on women. The physical dominion imposed upon female slaves included both internal and external bodily control. Beyond sexual exploitation, the bodies of female slaves were used for a type of labor for which their male counterparts were not capable: reproduction. Forced pregnancy in the slavery context was a tragic and violative experience affecting women physically, psychologically, and emotionally. Long after the ratification of the Thirteenth Amendment, slavery-like practices lived on through social, political, and economic mechanisms. In the penological context, peonage laws, penal plantations, and chain gangs were …
Putting Forfeiture To Work, Sarah M. Buel
Putting Forfeiture To Work, Sarah M. Buel
SARAH M BUEL
Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
Development Of A Dna Database In Ireland — Assessing The Proposed Legislation, Liz Campbell
Liz Campbell
The collection and retention of DNA samples are seen universally as crucial for purposes of criminal investigation and prosecution, as a means of excluding innocent suspects, and of exonerating the wrongfully convicted. However, there is less consistency across jurisdictions regarding whose DNA should be obtained by the state and for how long it should be stored. The need for a measured approach in this context is underlined by the “exceptionalism” of genetic material, given the depth and sensitivity of the information contained within, and the potential for “function creep”, whereby state powers insidiously increase and data gathered for one purpose …
Softe Praat, Efficiënte Remedies, Jenneke Christiaens
Softe Praat, Efficiënte Remedies, Jenneke Christiaens
Jenneke Christiaens
No abstract provided.
Law Without Disgust: A Fetid Freedom, Matthew Jordan Cochran
Law Without Disgust: A Fetid Freedom, Matthew Jordan Cochran
Matthew Jordan Cochran
Martha Nussbaum has attacked disgust as an emotion incompatible with political liberal values; a primitive shrinking from animality that is used to subjugate vulnerable groups. Dr. Leon Kass has described disgust as a profound wisdom that teaches us the boundaries beyond which our given human nature becomes compromised. Kass's view of human dignity recognizes the hierarchical nature of being human, while Nussbaum's rather scatological account reduces mankind to a mere species of animal—an animal which is somehow an oppressor for shunning the accouterments of its own mortality. This article compares these two competing views on the interplay between disgust and …
Eindrapport Voor Het Eerst Geplaatste Delinquente Minderjaringen En Recidive, Jenneke Christiaens, Tinne Geluyckens, Els Enhus, Els Dumortier
Eindrapport Voor Het Eerst Geplaatste Delinquente Minderjaringen En Recidive, Jenneke Christiaens, Tinne Geluyckens, Els Enhus, Els Dumortier
Jenneke Christiaens
No abstract provided.
Steekpartij Voor De Spiegel, Jenneke Christiaens
Steekpartij Voor De Spiegel, Jenneke Christiaens
Jenneke Christiaens
No abstract provided.
Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell
S. David Mitchell
Felon exclusion laws are jurisdiction-specific, post-conviction statutory restrictions that prohibit convicted felons from exercising a host of legal rights, most notably the right to vote. The professed intent of these laws is to punish convicted felons equally without regard for the demographic characteristics of each individual, including race, class, or gender. Felon exclusion laws, however, have a disproportionate impact on African-American males and, by extension, on the residential communities from which many convicted felons come. Thus, felon exclusion laws not only relegate African-American convicted felons to a position of second-class citizenship, but the laws also diminish the collective citizenship of …
From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell
From Due Process To Crime Control: The Decline Of Liberalism In The Irish Criminal Justice System, Liz Campbell
Liz Campbell
At all stages of the Irish criminal process, from pretrial detention and investigation, through the courthearing and at sentencing, a shift in focus from the due process rights of the accused towards the crime control aims of the State is apparent. Due process values, which seek to establish a degree of parity between the State and the accused, are increasingly seen in popular and political discourse as inconveniences to be overcome, rather than vital safeguards.
Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell
Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell
Liz Campbell
This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB’s ability to pursue …
The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell
The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell
Liz Campbell
The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated …
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell
Liz Campbell
Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and …
Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal
Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal
Jenneke Christiaens
No abstract provided.
Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas
Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas
Jenneke Christiaens
No abstract provided.
Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell
Garda Diversion Of Young Offenders: An Unreasonable Threat To Due Process Rights?, Liz Campbell
Liz Campbell
Diversion programmes play a significant role in the field of youth justice, as an alternative to the conventional court process, which aim to prevent the entry of the child into the formal justice system. This article seeks to establish whether the purported benefits of the pre-trial police diversion programme in Ireland outweigh any infringements on the rights of the child. Firstly, the salient legislative provisions are briefly elucidated, and then the application of the Programme to date is examined. Next, the issue of whether traditional due process rights are relevant or necessary in the context of the Garda diversion programme …
Eindrapport Stadsbendes En Hun Buurt, Jenneke Christiaens, Els Enhus, Christian Eliaerts, Liesbeth Vanmechelen
Eindrapport Stadsbendes En Hun Buurt, Jenneke Christiaens, Els Enhus, Christian Eliaerts, Liesbeth Vanmechelen
Jenneke Christiaens
No abstract provided.