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Articles on Crimes Against Humanity
Draft articles on Prevention and Punishment of Crimes Against Humanity 2019 Adopted by the International Law Commission at its seventy-first session, in 2019, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (A/74/10). The report will appear in Yearbook of the International Law Commission, 2019, vol. II, Part Two. Copyright © United Nations 2019 Prevention and punishment of crimes against humanity … Mindful that throughout history millions of children, women and men have been victims of crimes that deeply shock the conscience of humanity, Recognizing that crimes against humanity threaten the peace, security and well- being of the world, Recalling the principles of international law embodied in the Charter of the United Nations, Recalling also that the prohibition of crimes against humanity is a peremptory norm of general international law (jus cogens), Affirming that crimes against humanity, which are among the most serious crimes of concern to the international community as a whole, must be prevented in conformity with international law, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, Considering the definition of crimes against humanity set forth in article 7 of the Rome Statute of the International Criminal Court, Recalling that it is the duty of every State to exercise its criminal jurisdiction with respect to crimes against humanity, Considering the rights of victims, witnesses and others in relation to crimes against humanity, as well as the right of alleged offenders to fair treatment, Considering also that, because crimes against humanity must not go unpunished, the effective prosecution of such crimes must be ensured by taking measures at the national level and by enhancing international cooperation, including with respect to extradition and mutual legal assistance, … Article 1 Scope The present draft articles apply to the prevention and punishment of crimes against humanity. -
BLACK MEN MAKING IT in AMERICA: the Engines of Economic Success for Black Men in America
BLACK MEN MAKING IT IN AMERICA: The Engines of Economic Success for Black Men in America W. Bradford Wilcox, Wendy R. Wang, and Ronald B. Mincy Black Men Making It in America: The Engines of Economic Success for Black Men in America 1 Table of Contents CHAPTER 1: Introduction 4 CHAPTER 2: Black Men Who Have Made It 7 CHAPTER 3: Assessing Conventional Accounts of Black Men’s Success 12 CHAPTER 4: Other Engines of Opportunity for Black Men 16 CHAPTER 5: Conclusion 20 APPENDICES 24 2 Black Men Making It in America: The Engines of Economic Success for Black Men in America EXECUTIVE SUMMARY Over the last decade, much of the racial news and academic research on black men in America has been sobering, if not downright depressing. But negative news isn’t the only story about race or even about black males in the United States. In Black Men Making It in America, we report some good news: • Black men’s economic standing. More than one-in-two black men (57%) have made it into the middle class or higher as adults today, up from 38% in 1960, according to a new analysis of Census data. And the share of black men who are poor has fallen from 41% in 1960 to 18% in 2016. So, a substantial share of black men in America are realizing the American Dream—at least financially—and a clear majority are not poor. • The institutional engines of black men’s success. As expected, higher education and full-time work look like engines of success for black men in America. -
Improving Recidivism As a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999
Improving Recidivism as a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999 Goal: “reduce the risk of reoffending by offenders in the community” Legislation calls for Department of Corrections to: • Classify supervised individuals based on risk of reoffending and severity of prior criminal offending • Shift resources toward higher-risk persons Washington Recidivism Rates Source: Washington State Institute for Public Policy Establishing Metrics for Success and Assessing Results Why measure correctional performance? • Understand the outcomes of funding and policy decisions • Assess the effectiveness of justice agencies at reducing reoffending • Provide the best return on taxpayer investments Most Common Correctional Performance Measure: Recidivism The Good: • Correctional interventions (prison, community supervision) are supposed to reduce reoffending, so recidivism is a natural metric for success The Bad: • Frequently a single-indicator, which doesn’t allow for policy-relevant comparisons across groups • Irregularly collected • Presented absent context Four Steps to Make Recidivism a Meaningful Performance Measure Define Collect Analyze Disseminate Definition Use Multiple Measures of Success Desistance Severity Time to failure Behavior Change Time to Failure (Delaware) Percent Rearrested 2008 2009 2010 80 70 60 50 40 30 20 10 0 6 12 18 24 36 Months from prison release Collection Develop Protocols to Ensure Data Are Consistent, Accurate, and Timely Assign unique identifiers Develop long-term records Collect contextual information Update change in status Photo: Flickr/Kevin Dl Breaking Recidivism Down by Policy- Relevant Factors (Colorado) 3-year return to prison rates for 2010 release cohort Analysis Account for Underlying Composition of the Prison Population Photo: Flickr/Thomas Hawk Photo: Flickr/Thomas Hawk Remember that Washington Story from Earlier . -
Growth in the U.S. Ex-Felon and Ex-Prisoner Population, 1948 to 2010
GROWTH IN THE U.S. EX-FELON AND EX-PRISONER POPULATION, 1948 TO 2010 Sarah Shannon, Christopher Uggen, MElissa Thompson, Jason Schnittker, and Michael Massoglia Abstract The steep rise in U.S. criminal punishment in recent dEcades has spurred scholarship on the collateral consequences of imprisonment for individuals, familiEs and communities (Pager 2009; WakefiEld and Uggen 2010; Western 2006; Wildeman 2009). WhilE sEveral excEllent studies have estimated the size and social distribution of the former prisoner population (Bonczar and Beck 1997; PEttit and Western 2004), far less is known about the size and scope of thE total ex-felon population beyond prison walls. This paper extends previous national estimates of the U.S. ex-fElon population to 2010 and develops state-level estimates based on demographic life tables (Uggen, Manza and Thompson 2006). The felon population has far-reaching consequences for individuals as well as communities and social institutions, including civic engagEment and community health. 1 GROWTH IN THE U.S. EX-FELON AND EX-PRISONER POPULATION, 1948 TO 2010 As U.S. rates of criminal punishment have increased dramatically over the past 40 years, social scientists have begun to document and explicatE the far-flung consequences of incarceration (see, E.g., WakefiEld and Uggen 2010). As Figure 1 demonstrates, however, the lion’s share of this growth has been among the non-incarcerated population of probationers and parolees who are supervised in their communities. Such trends have important social and dEmographic consequences, as those subject to criminal sanctions facE restrictions on Employment, housing, voting, and welfare recEipt, as well as long- term effects on physical and mental health (Ewald and Uggen 2011; Massoglia 2008; Schnittker and John 2007). -
Restorative Versus Retributive Justice Kathleen Daly Reviews the Discourse That Has Framed Restorative Justice As the Antidote to Punishment
Restorative versus Retributive Justice Kathleen Daly reviews the discourse that has framed restorative justice as the antidote to punishment. n 'Restorative justice: the real story' (Punishment and Advocates seem to assume that an ideal justice system should Society 2002), Kathleen Daly draws on her experience of be of one type only, that it should be pure and not contaminated / restorative justice conferencing and an extensive survey of by or mixed with others. [Even when calling for the need to academic literature to refute four myths that she says have "blend restorative, reparative, and transformative justice... with grown up around restorative justice. These are that: (1) the prosecution of paradigmatic violations of human rights", restorative justice is the opposite of retributive justice; (2) Drambl (2000:296) is unable to avoid using the term 'retributive' restorative justice uses indigenous justice practices and was to refer to responses that should be reserved for the few.] the dominant form ofpre-modern justice; (3) restorative justice Before demonstrating the problems with this position, I give a is a 'care' (or feminine) response to crime in comparison to a sympathetic reading of what I think advocates are trying to say. justice' (or masculine) response; and (4) restorative justice Mead's (1917-18) 'The Psychology of Punitive Justice' can be expected to produce major changes in people. She says contrasts two methods of responding to crime. One he termed that "simple oppositional dualisms are inadequate in depicting"the attitude of hostility toward the lawbreaker" (p. 227), which criminal justice, even in an ideal justice system", and argues "brings with it the attitudes of retribution, repression, and for a 'real story' which would serve the political future of exclusion" (pp. -
Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
A Legacy of Supremacy: Prison, Power, and the Carceral Nation
Western Washington University Western CEDAR WWU Graduate School Collection WWU Graduate and Undergraduate Scholarship Winter 2017 A Legacy of Supremacy: Prison, Power, and the Carceral Nation Luke J. Hickey Western Washington University, [email protected] Follow this and additional works at: https://cedar.wwu.edu/wwuet Part of the Anthropology Commons Recommended Citation Hickey, Luke J., "A Legacy of Supremacy: Prison, Power, and the Carceral Nation" (2017). WWU Graduate School Collection. 554. https://cedar.wwu.edu/wwuet/554 This Masters Thesis is brought to you for free and open access by the WWU Graduate and Undergraduate Scholarship at Western CEDAR. It has been accepted for inclusion in WWU Graduate School Collection by an authorized administrator of Western CEDAR. For more information, please contact [email protected]. A LEGACY OF SUPREMACY: PRISON, POWER, AND THE CARCERAL NATION By Luke J. Hickey Accepted in Partial Completion of the Requirements for the Degree Master of Arts Kathleen L. Kitto, Dean of the Graduate School ADVISORY COMMITTEE Chair, Dr. Kathleen Young Dr. Sean Bruna Dr. Shurla Thibou MASTER’S THESIS In presenting this thesis in partial fulfillment of the requirements for a master’s degree at Western Washington University, I grant to Western Washington University the non- exclusive royalty-free right to archive, reproduce, distribute, and display the thesis in any and all forms, including electronic format, via any digital library mechanisms maintained by WWU. I represent and warrant this is my original work, and does not infringe or violate any rights of others. I warrant that I have obtained written permissions from the owner of any third party copyrighted material included in these files. -
Prisoner Testimonies of Torture in United States Prisons and Jails
Survivors Speak Prisoner Testimonies of Torture in United States Prisons and Jails A Shadow Report Submitted for the November 2014 Review of the United States by the Committee Against Torture I. Reporting organization The American Friends Service Committee (AFSC) is a Quaker faith based organization that promotes lasting peace with justice, as a practical expression of faith in action. AFSC’s interest in prison reform is strongly influenced by Quaker (Religious Society of Friends) activism addressing prison conditions as informed by the imprisonment of Friends for their beliefs and actions in the 17th and 18th centuries. For over three decades AFSC has spoken out on behalf of prisoners, whose voices are all too frequently silenced. We have received thousands of calls and letters of testimony of an increasingly disturbing nature from prisoners and their families about conditions in prison that fail to honor the Light in each of us. Drawing on continuing spiritual insights and working with people of many backgrounds, we nurture the seeds of change and respect for human life that transform social relations and systems. AFSC works to end mass incarceration, improve conditions for people who are in prison, stop prison privatization, and promote a reconciliation and healing approach to criminal justice issues. Contact Person: Lia Lindsey, Esq. 1822 R St NW; Washington, DC 20009; USA Email: [email protected] +1-202-483-3341 x108 Website: www.afsc.org Acknowledgements This report would not have been possible but for the courageous individuals held in U.S. prisons and jails who rise above the specter of reprisal for sharing testimonies of the abuses they endure. -
Slavery by Another Name History Background
Slavery by Another Name History Background By Nancy O’Brien Wagner, Bluestem Heritage Group Introduction For more than seventy-five years after the Emancipation Proclamation and the end of the Civil War, thousands of blacks were systematically forced to work against their will. While the methods of forced labor took on many forms over those eight decades — peonage, sharecropping, convict leasing, and chain gangs — the end result was a system that deprived thousands of citizens of their happiness, health, and liberty, and sometimes even their lives. Though forced labor occurred across the nation, its greatest concentration was in the South, and its victims were disproportionately black and poor. Ostensibly developed in response to penal, economic, or labor problems, forced labor was tightly bound to political, cultural, and social systems of racial oppression. Setting the Stage: The South after the Civil War After the Civil War, the South’s economy, infrastructure, politics, and society were left completely destroyed. Years of warfare had crippled the South’s economy, and the abolishment of slavery completely destroyed what was left. The South’s currency was worthless and its financial system was in ruins. For employers, workers, and merchants, this created many complex problems. With the abolishment of slavery, much of Southern planters’ wealth had disappeared. Accustomed to the unpaid labor of slaves, they were now faced with the need to pay their workers — but there was little cash available. In this environment, intricate systems of forced labor, which guaranteed cheap labor and ensured white control of that labor, flourished. For a brief period after the conclusion of fighting in the spring of 1865, Southern whites maintained control of the political system. -
Recidivism Among Federal Violent Offenders
Recidivism Among Federal Violent Offenders UNITED STATES SENTENCING COMMISSION United States Sentencing Commission One Columbus Circle, N.E. Washington, DC 20002 www.ussc.gov William H. Pryor Jr. Acting Chair Rachel E. Barkow Commissioner Charles R. Breyer Commissioner Danny C. Reeves Commissioner Patricia K. Cushwa Ex Officio David Rybicki Ex Officio Kenneth P. Cohen Staff Director Glenn R. Schmitt Director Office of Research and Data January 2019 Kim Steven Hunt, Ph.D., Senior Research Associate Matthew J. Iaconetti, J.D., M.A., Assistant General Counsel Kevin T. Maass, M.A., Research Associate TABLE OF CONTENTS Chapter One Chapter Two Chapter Three Chapter Four VIOLENT AND VIOLENT VIOLENT EXECUTIVE SUMMARY NON-VIOLENT OFFENDERS INSTANT OFFENDERS PRIOR OFFENDERS Introduction.........................................2 Offender and Offense Offender and Offense Offender and Offense Characteristics....................................8 Characteristics..................................18 Characteristics..................................30 Key Findings........................................3 Recidivism Findings...........................11 Recidivism Findings...........................21 Recidivism Findings...........................33 Measures of Recidivism and Methodology......................................4 Robbery Offenders............................27 i Chapter One Chapter Two Chapter Three Chapter Four Chapter Five APPENDICES VIOLENT AND VIOLENT VIOLENT EXECUTIVE SUMMARY NON-VIOLENT OFFENDERS INSTANT OFFENDERS PRIOR OFFENDERS CONCLUSION -
Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna. -
The Case for More Incarceration
If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice Office of Policy and Communications Office of Policy Development The Case for More Incarceration 1992 &7 U.S. Department of Justice Office of Policy and Communications Office of Policy Development The Case for More Incarceration 1992, NCJ-J39583 139583 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the Ph~rson or organization originating it. Points of view or opinions stated in t IS do.c~ment ~~e those of (he authors and do not necessarily rep'esent the official position or pOlicies of the National Institute of Justice. Permtisdsion to reproduce this II f) I8llM material has been gran~d t:1y • . • .l?UbllC Danain/Off. of Poliey Communications/Off. of POlley Develop. to the National Criminal Justice Reference Service (NCJRS). Ffutrthher repr?ductlon outside of the NCJRS system requires permission o e ........ owner. NCJRS ~AN 5 1993 ACQUISITIONS (@ffitt nf tltt Attnrntl1 <&tntral liIus1yingtnn, i.QT. 20530 October 28, 1992 In July, I released a report entitled Combating Violent Crime: 24 Recommendations to strengthen Criminal Justice, set ting forth a comprehensive strategy for making state criminal justice systems more effective in achieving their central purpose -- the protection of our citizens. As I stated then, there is no better way to reduce crime than to identify, target, and incapa citate those hardened criminals who commit staggering numbers of violent crimes whenever they are on the streets. Of course, we cannot incapacitate these criminals unless we build sufficient prison and jail space to house them.