The New Penology: Notes on the Emerging Strategy of Corrections and Its Implications*
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What Is an International Crime? (A Revisionist History)
\\jciprod01\productn\H\HLI\58-2\HLI205.txt unknown Seq: 1 14-FEB-18 9:00 Volume 58, Number 2, Spring 2017 What Is an International Crime? (A Revisionist History) Kevin Jon Heller* The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as an international crime if—and only if—that act is universally criminal under international law. This definition of an international crime leads to an obvious question: how exactly does an act become universally criminal under international law? One answer, the “direct criminalization thesis” (DCT), is that certain acts are universally criminal because they are directly criminalized by international law itself, regardless of whether states criminalize them. Another answer, the “national criminalization the- sis” (NCT), rejects the idea that international law directly criminalizes particular acts. According to the NCT, certain acts are universally criminal because international law obligates every state in the world to criminalize them. This Article argues that if we take positivism seriously, as every international criminal tribunal since Nuremberg has insisted we must, the NCT provides the only coherent explanation of how international law can deem certain acts to be universally criminal. I. INTRODUCTION The question posed by the title of this Article has two aspects. -
Federal Law Enforcement Officers, 2016
U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics October 2019, NCJ 251922 Bureau of Justice Statistics Bureau Federal Law Enforcement Ofcers, 2016 – Statistical Tables Connor Brooks, BJS Statistician s of the end of fscal-year 2016, federal FIGURE 1 agencies in the United States and Distribution of full-time federal law enforcement U.S. territories employed about 132,000 ofcers, by department or branch, 2016 Afull-time law enforcement ofcers. Federal law enforcement ofcers were defned as any federal Department of ofcers who were authorized to make arrests Homeland Security and carry frearms. About three-quarters of Department of Justice federal law enforcement ofcers (about 100,000) Other executive- provided police protection as their primary branch agencies function. Four in fve federal law enforcement ofcers, regardless of their primary function, Independent agencies worked for either the Department of Homeland · Security (47% of all ofcers) or the Department Judicial branch Tables Statistical of Justice (33%) (fgure 1, table 1). Legislative branch Findings in this report are from the 2016 0 10 20 30 40 50 Census of Federal Law Enforcement Ofcers Percent (CFLEO). Te Bureau of Justice Statistics conducted the census, collecting data on Note: See table 1 for counts and percentages. Source: Bureau of Justice Statistics, Census of Federal Law 83 agencies. Of these agencies, 41 were Ofces Enforcement Ofcers, 2016. of Inspectors General, which provide oversight of federal agencies and activities. Te tables in this report provide statistics on the number, functions, and demographics of federal law enforcement ofcers. Highlights In 2016, there were about 100,000 full-time Between 2008 and 2016, the Amtrak Police federal law enforcement ofcers in the United had the largest percentage increase in full-time States and U.S. -
An Examination of the Impact of Criminological Theory on Community Corrections Practice
December 2016 15 An Examination of the Impact of Criminological Theory on Community Corrections Practice James Byrne University of Massachusetts Lowell Don Hummer Penn State Harrisburg CRIMINOLOGICAL THEORIES ABOUT parole officers in terms of practical advice; to other community corrections programs are to why people commit crime are used—and mis- the contrary, we think a discussion of “cause” is be successful as “people changing” agencies. used—every day by legislative policy makers critical to the ongoing debate over the appro- But can we reasonably expect such diversity and community corrections managers when priate use of community-based sanctions, and flexibility from community corrections they develop new initiatives, sanctions, and and the development of effective community agencies, or is it more likely that one theory— programs; and these theories are also being corrections policies, practices, and programs. or group of theories—will be the dominant applied—and misapplied—by line commu However, the degree of uncertainty on the influence on community corrections practice? nity corrections officers in the workplace as cause—or causes—of our crime problem in Based on recent reviews of United States cor they classify, supervise, counsel, and con the academic community suggests that a rections history, we suspect that one group of trol offenders placed on their caseloads. The certain degree of skepticism is certainly in theories—supported by a dominant political purpose of this article is to provide a brief order when “new” crime control strategies are ideology—will continue to dominate until overview of the major theories of crime causa introduced. We need to look carefully at the the challenges to its efficacy move the field— tion and then to consider the implications of theory of crime causation on which these new both ideologically and theoretically—in a new these criminological theories for current and initiatives are based. -
Disorder in Urban Neighborhoods
U.S. Department of Justice Office of Justice Programs National Institute of Justice National Institute of Justice R e s e a r c h i n B r i e f Julie E. Samuels, Acting Director February 2001 Issues and Findings Disorder in Urban Neighborhoods— Discussed in this Brief: The link between disorder and crime; Does It Lead to Crime? specifically, whether manifesta- tions of social and physical disor- By Robert J. Sampson and Stephen W. Raudenbush der, such as public drunkenness, graffiti, and broken windows, According to a now-familiar thesis, social Disorder is indeed related to crime. The lead directly to more serious and physical disorder in urban neighbor- broken windows metaphor is apt insofar as offenses. The study, part of the hoods can, if unchecked, lead to serious it asserts that physical signs of decay sig- long-range Project on Human crime. The reasoning is that even such nal neighbors’ unwillingness to confront Development in Chicago minor public incivilities as drinking in strangers, intervene when a crime is being Neighborhoods, assesses the the street, spray-painting graffiti, and committed, or ask the police to respond. “broken windows” thesis and breaking windows can escalate into preda- Disorder may in fact be more useful than its implications for crime control tory crime because prospective offenders crime for understanding certain troubling policy and practice. assume from these manifestations of dis- urban processes, such as the abandonment Key issues: The assumption that order that area residents are indifferent of many of the Nation’s urban cores. That social and physical disorder can to what happens in their neighborhood.1 is because disorder can be observed, escalate to serious crime has had The “broken windows” thesis has greatly while crime, by contrast, is largely unob- a major influence on law enforce- influenced crime control policy, with served. -
Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense
63 Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense Article 15: Criminal Offense A criminal offense is an unlawful act: (a) that is prescribed as a criminal offense by law; (b) whose characteristics are specified by law; and (c) for which a penalty is prescribed by law. Commentary This provision reiterates some of the aspects of the principle of legality and others relating to the purposes and limits of criminal legislation. Reference should be made to Article 2 (“Purpose and Limits of Criminal Legislation”) and Article 3 (“Principle of Legality”) and their accompanying commentaries. Article 16: Criminal Responsibility A person who commits a criminal offense is criminally responsible if: (a) he or she commits a criminal offense, as defined under Article 15, with intention, recklessness, or negligence as defined in Article 18; IOP573A_ModelCodes_Part1.indd 63 6/25/07 10:13:18 AM 64 • General Part, Section (b) no lawful justification exists under Articles 20–22 of the MCC for the commission of the criminal offense; (c) there are no grounds excluding criminal responsibility for the commission of the criminal offense under Articles 2–26 of the MCC; and (d) there are no other statutorily defined grounds excluding criminal responsibility. Commentary When a person is found criminally responsible for the commission of a criminal offense, he or she can be convicted of this offense, and a penalty or penalties may be imposed upon him or her as provided for in the MCC. Article 16 lays down the elements required for a finding of criminal responsibility against a person. -
Four Models of the Criminal Process Kent Roach
Journal of Criminal Law and Criminology Volume 89 Article 5 Issue 2 Winter Winter 1999 Four Models of the Criminal Process Kent Roach Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Kent Roach, Four Models of the Criminal Process, 89 J. Crim. L. & Criminology 671 (1998-1999) This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/99/8902-0671 THM JOURNAL OF QMINAL LAW& CRIMINOLOGY Vol. 89, No. 2 Copyright 0 1999 by Northwestem University. School of Law Psisd in USA. CRIMINOLOGY FOUR MODELS OF THE CRIMINAL PROCESS KENT ROACH* I. INTRODUCTION Ever since Herbert Packer published "Two Models of the Criminal Process" in 1964, much thinking about criminal justice has been influenced by the construction of models. Models pro- vide a useful way to cope with the complexity of the criminal pro- cess. They allow details to be simplified and common themes and trends to be highlighted. "As in the physical and social sciences, [models present] a hypothetical but coherent scheme for testing the evidence" produced by decisions made by thousands of actors in the criminal process every day.2 Unlike the sciences, however, it is not possible or desirable to reduce the discretionary and hu- manistic systems of criminal justice to a single truth. -
Tol, Xeer, and Somalinimo: Recognizing Somali And
Tol , Xeer , and Somalinimo : Recognizing Somali and Mushunguli Refugees as Agents in the Integration Process A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA BY Vinodh Kutty IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY David M. Lipset July 2010 © Vinodh Kutty 2010 Acknowledgements A doctoral dissertation is never completed without the help of many individuals. And to all of them, I owe a deep debt of gratitude. Funding for this project was provided by two block grants from the Department of Anthropology at the University of Minnesota and by two Children and Families Fellowship grants from the Annie E. Casey Foundation. These grants allowed me to travel to the United Kingdom and Kenya to conduct research and observe the trajectory of the refugee resettlement process from refugee camp to processing for immigration and then to resettlement to host country. The members of my dissertation committee, David Lipset, my advisor, Timothy Dunnigan, Frank Miller, and Bruce Downing all provided invaluable support and assistance. Indeed, I sometimes felt that my advisor, David Lipset, would not have been able to write this dissertation without my assistance! Timothy Dunnigan challenged me to honor the Somali community I worked with and for that I am grateful because that made the dissertation so much better. Frank Miller asked very thoughtful questions and always encouraged me and Bruce Downing provided me with detailed feedback to ensure that my writing was clear, succinct and organized. I also have others to thank. To my colleagues at the Office of Multicultural Services at Hennepin County, I want to say “Thank You Very Much!” They all provided me with the inspiration to look at the refugee resettlement process more critically and dared me to suggest ways to improve it. -
INL Corrections Guide
INL GUIDE TO CORRECTIONS ASSISTANCE UNITED STATES DEPARTMENT OF STATE Bureau of International Narcotics and Law Enforcement Affairs INL GUIDE TO CORRECTIONS ASSISTANCE • I Contents Foreword . V Why Corrections Matters . .1 . Purpose and Scope of the Handbook . 2 . The Corrections World at a Glance . 2 Definitions . 2 Types of Incarceration and Supervision . 2. Elements of a Corrections System . 3. Persons in Vulnerable Situations . 4 The United States Corrections System . 4 . Institutional Resistance to Change . 5. Planning a Corrections Assistance Program . 5 U .S . Foreign Assistance and International Human Rights Standards . 5 . INL Program Objectives . 6 Identifying Resources for Sustainability . 7 . Context . 8 . Assessing the Corrections System . 9. Designing and Implementing a Corrections Assistance Program . 11 Program Design and Implementation . .11 . Program Activities . 12 Program Goals . 17 . Measuring Progress and Reporting in Corrections Assistance . 18. Incorporating Lessons Learned . 18 Appendix I: International Standards . 24. Appendix Ii: Corrections Terminology . .26 . Appendix Iii: Additional Resources . 27 INL GUIDE TO CORRECTIONS ASSISTANCE • III Foreword “Effective implementation of rule of law reforms can only be accomplished if corrections is part of the equation .” — Keynote Address to the 15th Annual International Corrections and Prisons Association Conference on October 28, 2013, William R. Brownfield he mission of the Bureau of International Narcotics and Law Enforcement Affairs (INL) is to minimize the impact of international crime and illegal drugs on the United States and its citizens by providing Teffective foreign assistance and fostering global cooperation. The complex and transnational nature of crime can only be countered when nations work together to build effective and responsive criminal justice systems. -
Trends in Sentencing and Corrections State Legislation Trends in Sentencing and Corrections: State Legislation
Trends in Sentencing and Corrections State Legislation Trends in Sentencing and Corrections: State Legislation Trends in Sentencing and Corrections State Legislation By Alison Lawrence National Conference of State Legislatures William T. Pound, Executive Director 7700 East First Place Denver, Colo. 80230 (303) 364-7700 444 North Capitol Street, N.W., Suite 515 Washington, D.C. 20001 (202) 624-5400 www.ncsl.org July 2013 Printed on recycled paper. © 2013 by the National Conference of State Legislatures. All rights reserved. ISBN 978-1-58024-696-5 2 National Conference of State Legislatures Trends in Sentencing and Corrections: State Legislation tate legislatures have been pivotal in Common developing sentencing and corrections Denominators strategies that focus on a trio of objec- S A distinguishing fea- tives: protecting public safety, holding offend- ers accountable, and doing so while making ture of some of the best use of fiscal resources. Significant trends most comprehensive have emerged in legislative leadership and state legislation has been cross-governmental plan- legislation in meeting these responsibilities. ning that involves stakeholders in all branches Actions have included expanding eligibility and at all levels of government. Setting apart for community corrections and improving su- the efforts of these groups from that of pre- pervision, employing the use of diversion and decessors has been their ability to collect and treatment, revising sentence lengths and priori- make effective use of data. A growing number tizing prison resources. of states have engaged in a “justice reinvest- ment” process that involves data collection and A decade ago, rising prison populations and analysis of trends that drive prison populations costs seemed to be an uninterruptable trend. -
Article 23-A New York State Department of Corrections Law Licensure and Employment of Persons Previously Convicted of One Or More Criminal Offenses
ARTICLE 23-A NEW YORK STATE DEPARTMENT OF CORRECTIONS LAW LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES Section 750. Definitions. 751. Applicability. 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. 753. Factors to be considered concerning a previous criminal conviction; presumption. 754. Written statement upon denial of license or employment. 755. Enforcement. S 750. Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission. (2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons. (3) "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license or employment sought. (4) "License" means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that "license" shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosives, pistol, handgun, rifle, shotgun, or other firearm. (5) "Employment" means any occupation, vocation, or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency. -
Guilt, Dangerousness and Liability in the Era of Pre-Crime
Please cite as: Getoš Kalac, A.M. (2020): Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? Conference Paper presented at the 2019 biannual conference of the Scientific Association of German, Austrian and Swiss Criminologists (KrimG) in Vienna. Forthcoming in: Neue Kriminologische Schriftenreihe der Kriminologischen Gesellschaft e.V., vol. 118, Mönchengladbach: Forum Verlag Godesberg. Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? To Adapt, or to Die, that is the Question!1 Anna-Maria Getoš Kalac Abstract: There is no doubt that, in terms of criminal policy, we have been living in an era of pre-crime for quite some time now. Whether we like it or not, times have changed and so has the general position on concepts of (criminal) guilt, dangerousness and liability. Whereas once there was a broad consensus that penal repression, at least in principle, should be executed in a strictly post-crime fashion, nowadays same consensus has been reached on trading freedom (from penal repression) for (promised) security, long before an ‘actual crime’ might even be committed. In this regard the criminalisation of endangerment and risks only nomotechnically solves the issue of ‘actual’ vs. ‘potential’ crimes – in essence it merely creates a normative fiction of pre-crime crimes, whereas in reality ‘actual crimes’ do not exist at all. The starting point of criminalisation has clearly shifted away from the guilt of having committed a crime, to the mere dangerousness of potentially committing a crime, which potential as such is purely hypothetical and beyond the grasp of empirical proof. -
Seattle Police Department
Seattle Police Department Adrian Diaz, Interim Chief of Police (206) 684-5577 http://www.seattle.gov/police/ Department Overview The Seattle Police Department (SPD) addresses crime, enforces laws, and enhances public safety by delivering respectful, professional, and dependable police services. SPD divides operations into five precincts. These precincts define east, west, north, south, and southwest patrol areas, with a police station in each area. The department's organizational model places neighborhood-based emergency response services at its core, allowing SPD the greatest flexibility in managing public safety. Under this model, neighborhood-based personnel in each precinct assume responsibility for public safety management, primary crime prevention and law enforcement. Precinct-based detectives investigate property crimes and crimes involving juveniles, whereas detectives in centralized units located at SPD headquarters downtown and elsewhere conduct follow-up investigations into other types of crimes. Other parts of the department function to train, equip, and provide policy guidance, human resources, communications, and technology support to those delivering direct services to the public. Interim Police Chief Adrian Diaz has committed the department to five focus areas to anchor itself throughout the on-going work around the future of community safety: • Re-envisioning Policing - Engage openly in a community-led process of designing the role the department should play in community safety • Humanization - Prioritize the sanctity