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Legitimacy And Criminal Justice

Author: Tom R. Tyler
Publisher: Russell Sage Foundation
ISBN: 1610445414
Size: 46.86 MB
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The police and the courts depend on the cooperation of communities to keep order. But large numbers of urban poor distrust law enforcement officials. Legitimacy and Criminal Justice explores the reasons that legal authorities are or are not seen as legitimate and trustworthy by many citizens. Legitimacy and Criminal Justice is the first study of the perceived legitimacy of legal institutions outside the U.S. The authors investigate relations between courts, the police, and communities in the U.K., Western Europe, South Africa, Slovenia, South America, and Mexico, demonstrating the importance of social context in shaping those relations. Gorazd Meško and Goran Klemencic examine Slovenia’s adoption of Western-style “community policing” during its transition to democracy. In the context of Slovenia’s recent Communist past—when “community policing” entailed omnipresent social and political control—citizens regarded these efforts with great suspicion, and offered little cooperation to the police. When states fail to control crime, informal methods of law can gain legitimacy. Jennifer Johnson discusses an extra-legal policing system carried out by farmers in Guerrero, Mexico—complete with sentencing guidelines and initiatives to reintegrate offenders into the community. Feeling that federal authorities were not prosecuting the crimes that plagued their province, the citizens of Guerrero strongly supported this extra-legal arrangement, and engaged in massive protests when the central government tried to suppress it. Several of the authors examine how the perceived legitimacy of the police and courts varies across social groups. Graziella Da Silva, Ignacio Cano, and Hugo Frühling show that attitudes toward the police vary greatly across social classes in harshly unequal societies like Brazil and Chile. And many of the authors find that ethnic minorities often display greater distrust toward the police, and perceive themselves to be targets of police discrimination. Indeed, Hans-Jöerg Albrecht finds evidence of bias in arrests of the foreign born in Germany, which has fueled discontent among Berlin’s Turkish youth. Sophie Body-Gendrot points out that mutual hostility between police and minority communities can lead to large-scale violence, as the Parisian banlieu riots underscored. The case studies presented in this important new book show that fostering cooperation between law enforcement and communities requires the former to pay careful attention to the needs and attitudes of the latter. Forging a new field of comparative research, Legitimacy and Criminal Justice brings to light many of the reasons the law’s representatives succeed—or fail—in winning citizens’ hearts and minds. A Volume in the Russell Sage Foundation Series on Trust

Legitimacy And Compliance In Criminal Justice

Author: Adam Crawford
Publisher: Routledge
ISBN: 0415671558
Size: 36.21 MB
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Questions of legitimacy and issues of compliance lie at the heart of criminal justice systems and policies. Recent years have seen greater recognition and awareness of the essential role of legitimacy, trust and public confidence in underpinning the effectiveness of criminal justice practices and institutions. As such, experiences and perceptions of legitimacy have direct implications for compliance, whilst securing public compliance remains a pivotal challenge for systems of crime control. Exploring the hitherto neglected links between legitimacy and compliance raises crucial questions about the effectiveness of criminal justice and point to ways in which both elements might be enhanced. This book brings together leading international scholars to consider a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and social regulation. It presents an inter-disciplinary dialogue and debate that combines insights from criminology, psychology and socio-legal studies drawing together conceptual analysis with empirical research findings in relation to policing, anti-social behaviour interventions, community penalties, electronic monitoring, imprisonment and tax avoidance. In so doing, the book presents advances in theory and conceptual understandings of compliance and legitimacy within systems of crime control. The contributors highlight the importance of normative and social dimensions to compliance as well as the constructive role played by experiences of procedural fairness and legitimacy in systems of justice. This cutting-edge collection of essays will be invaluable reading for all those interested in thinking critically about the future of criminal justice policies and practices including academics, researchers and criminal justice practitioners.

Legitimacy And Trust In Criminal Law Policy And Justice

Author: Nina Peršak
Publisher: Routledge
ISBN: 1317105850
Size: 17.35 MB
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Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

Trust And Legitimacy In Criminal Justice

Author: Gorazd Meško
Publisher: Springer
ISBN: 3319098136
Size: 57.19 MB
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The book explores police legitimacy and crime control, with a focus on the European region. Using comparative case studies, the contributions to this timely volume examine the effects of a transition to democracy on policing, public attitudes towards police legitimacy, and the ways in which perceptions of police legitimacy relate to compliance with the law. Following these case studies, the authors provide recommendations for improving police legitimacy and controlling crime, in these particular sociopolitical environments, where the police are often associated with previous military or paramilitary roles. The techniques used by these researchers may be applied to studies for policing in other regions, with potential applications within Europe and beyond. Chapters present topical issues of crime, crime control and human emotions regarding crime, criminals, law enforcement and punishment in contemporary societies. This book will be of interest to researchers in criminology and criminal justice, as well as political science and public policy. This book is highly recommended for anyone interested in procedural justice and legitimacy, encounters between citizens and the state, the effectiveness of governmental institutions, and democratic development. It stands alone in its broad, cross-national contributions to understanding these issues. -Wesley G. Skogan, PhD, Professor of Political Science, Northwestern University, Chicago, IL, USA

International Criminal Justice

Author: Gideon Boas
Publisher: Edward Elgar Publishing
ISBN: 1781005605
Size: 26.91 MB
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ÔInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.Õ Ð Mark A. Drumbl, Washington and Lee University, School of Law, US International criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives. While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study. This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.

Police Custody

Author: Layla Skinns
Publisher: Routledge
ISBN: 1136681175
Size: 31.48 MB
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Police custody acts as an important gateway to the criminal justice process. Much is at stake here for both staff and suspects as what happens in police custody can have important consequences further down the line. This book offers a timely contribution to research on police custody, which has been largely neglected for the last decade, and it is the first to examine the growing role given to civilians employed by the police or by private security companies within police custody areas. The book draws on a mixed-method study of two custody areas, one publicly-run, and the other largely privately-run. This empirical analysis explores anew suspects’ experiences of police custody from arrest to charge, including their access to due process rights such as phone calls, legal advice and detention reviews, as well as shedding light on the hitherto unexplored working relationships between the police, civilian police staff (public and private), legal advisers, doctors, appropriate adults and drug workers. These findings on the police custody process are used to examine pertinent socio-legal and theoretical matters connected to due process, the role of the police in policing, as well as procedural justice and legitimacy. The book integrates issues which are topical and of utmost empirical, theoretical and political significance, meaning that it is likely to have a broad appeal to students, academics, practitioners and policy-makers with an interest in the criminal justice process, policing and the sociology of law.

Inside Crown Court

Author: Jacobson, Jessica
Publisher: Policy Press
ISBN: 1447321189
Size: 63.98 MB
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With a new Foreword by David Ormerod of the Law Commission. Within the criminal justice system of England and Wales, the Crown Court is the arena in which serious criminal offences are prosecuted and sentenced. On the basis of up-to-date ethnographic research, this timely book provides a vivid description of what it is like to attend court as a victim, a witness or a defendant; the interplay between the different players in the courtroom; and the extent to which the court process is viewed as legitimate by those involved in it. This valuable addition to the field brings to life the range of issues involved and is aimed at students and scholars of criminal justice, policy-makers and practitioners, and interested members of the general public.

Criminal Law And The Authority Of The State

Author: Antje du Bois-Pedain
Publisher: Bloomsbury Publishing
ISBN: 1509905146
Size: 76.27 MB
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How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Rethinking Criminal Law Theory

Author: Francois Tanguay-Renaud
Publisher: Bloomsbury Publishing
ISBN: 1847319041
Size: 57.19 MB
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In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University