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Through an ethnography of a terrorism trial that followed bomb‐blasts in Delhi in 2008, this article seeks to understand the centrality of files and documentary practices to the production of legal truth. By following key documents regarding the case against one man I call Fahad, I argue that the truth produced in a trial crucially depends a chain of seemingly insignificant certificatory practices‐the signatures, countersignatures, stamps, and seals that appear on documents. What emerges in the account I provide is that juridical truth is less a matter of finding 'what really happened,' and more about the competition between narratives that depend on the certificatory correctness of humble sheets of paper. [ABSTRACT FROM AUTHOR]

The International Committee of the Red Cross (ICRC) has worked on behalf of detained irregular migrants for many years as part of its activities for detainee populations in general, but has only recently started implementing specific programmes for detained migrants in countries of transit and destination. The ICRC visits detained migrants in both criminal and dedicated immigration detention facilities. During these visits, as with all detainees, the ICRC assesses whether detained migrants are treated humanely, held in conditions that preserve their dignity and afforded due process of law. The ICRC also evaluates whether they are able to maintain contact with the outside world, such as with their families and consular authorities, if they wish to do so. As part of its dialogue with the authorities, the ICRC also raises protection issues related to return to ensure that the authorities fulfil their obligations under relevant international law – in particular with respect to the principle of non-refoulement. [ABSTRACT FROM AUTHOR]

This paper considers the role of the rap music expert in criminal cases involving the use of rap as evidence. In addition to describing ways that an expert can help the defence challenge the use of rap, both before and during trial, it also offers strategies for intervening beyond the criminal justice system. These strategies may require an expert to balance the roles of objective observer on the one hand and criminal justice advocate on the other, but whatever the risks or challenges associated with this balancing act, this paper argues that doing so opens up important avenues for intervention and impact that can more effectively end the racially motivated and unjust practice of 'rap on trial'. [ABSTRACT FROM AUTHOR]

Dementia within the criminal system, from arrest through incarceration, has been largely ignored. While the health system has begun grappling with the chronic conditions that will accompany an aging society, the criminal system has yet to meaningfully respond. Dementia is a clinical syndrome characterized by impairment in cognitive domains (memory, executive function, visuospatial). Additionally, dementia often includes behavioral symptoms that increase the likelihood that an individual's actions may violate social norms and in some circumstances be deemed criminal. Prior studies have established criminal behavior as a trend among individuals living with dementia. Yet, the criminal system has yet to establish protections for individuals who commit a crime while impaired by dementia. This paper will report on an empirical study to evaluate the treatment of persons with dementia within the criminal justice system. We will report on interviews with attorneys (n=15) regarding their experience and perspective on the treatment of persons with dementia post-arrest. In the paper, we will explore topics identified through these interviews including pre-trial release, competency, placement (housing), criminal liability determination, sentencing, and post-conviction release. We will highlight key findings including the lack of a systematic screening process for dementia post-arrest, placement is a significant challenge, attorneys' lack of training on dementia to be able to understand how the disease could impact decision-making, and the two legal mechanisms available to divert miss the mark given their focus on psychiatric populations. We will use these data and findings to argue for a research and policy agenda to address a gap in legal policies to appropriately manage persons with dementia post-arrest. [ABSTRACT FROM AUTHOR]

How can societies restrain their coercive institutions and transition to a more humane criminal justice system? We argue that two main factors explain why torture can persist as a generalized practice even in democratic societies: weak procedural protections and the militarization of policing, which introduces strategies, equipment, and mentality that treats criminal suspects as though they were enemies in wartime. Using a large survey of the Mexican prison population and leveraging the date and place of arrest, this paper provides causal evidence about how these two explanatory variables shape police brutality. Our paper offers a grim picture of the survival of authoritarian policing practices in democracies. It also provides novel evidence of the extent to which the abolition of inquisitorial criminal justice institutions—a remnant of colonial legacies and a common trend in the region—has worked to restrain police brutality. [ABSTRACT FROM AUTHOR]

Since May 2009, public participation in the criminal justice system, known as saiban-in seido (trial system by lay judges), has been implemented in Japan. The purpose of this paper is to analyze the law-making process of the saiban-in system and present an evaluation of the system from the perspective of deliberative democracy. This paper concludes that, contrary to criticism from those who want to introduce a purer form of jury trial dominated by lay jurors, the current saiban-in system, which mixes three professional judges with six saiban-ins, should be viewed positively from the perspective of deliberative democracy. [ABSTRACT FROM AUTHOR]

The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on 'inadvertence'. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between 'internal' and 'external' legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making. [ABSTRACT FROM AUTHOR]

In his 1935 judgment in Woolmington v DPP , Viscount Sankey declared the prosecution's burden of proving the accused's guilt was a 'golden thread', running 'throughout the whole web of English criminal law'. This paper explores what Woolmington can tell us about the appeals process – and about the criminal law itself – less than 30 years after the first automatic right to appeal was created in English criminal law. It argues that the decision helps us understand the political pressures that could help to form – and make possible – legal decisions during this period. And it finds that the Woolmington decision itself – both in the text of the decision and in its immediate reception – was more universal than it was fundamental. Woolmington , I argue, has always been more about the high-level principles of English criminal law than about securing any kind of minimal procedural rights for a defendant. [ABSTRACT FROM AUTHOR]

Copyright of International Annals of Criminology is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper examines the law on good character evidence in criminal trials through a discussion of the important but under-analysed case of Hunter, in which a five-judge Court of Appeal sought to clarify the law on good character directions to the jury. However, it is argued here that the judgment conflicts with the leading House of Lords decision in Aziz. The paper considers how the court misinterpreted the law and, in particular, the defeasible nature of the rule in Aziz and the impact of the Criminal Justice Act 2003. As a result, the circumstances in which a good character direction will be provided have diminished significantly. It is argued that this has important implications for the right to a fair trial, as good character directions act as a 'backstop' against miscarriages of justice. They also form a vital part of the 'framework of fairness' considered necessary, in lieu of reasoned jury verdicts, by the Grand Chamber of the European Court of Human Rights in Taxquet v Belgium. Accordingly, it is contended that Aziz rather than Hunter should be followed so that, where there is evidence of good character, a direction is normally provided as a matter of law. [ABSTRACT FROM AUTHOR]

Journalists routinely live-tweet high-profile criminal trials, a practice that raises questions about access to justice and the principle of open court. Does social media open up the justice system? There is a normative debate in the literature about the use of Twitter and social media in the courtroom. This paper takes on this debate by exploring the relationship between digital technologies and criminal justice. Through a systematic examination of journalists' tweets during two key trials (Ghomeshi and Saretzky), we ask to what extent can the live-tweeting of court proceedings achieve greater access to justice in Canada? We argue that while the live-tweeting does provide more access to court, potentially furthering the principle of open court, the nature of this access provides little in the way of increased engagement with the public and its understanding of the legal system. This paper makes contributions to both the legal studies and digital politics literatures. [ABSTRACT FROM AUTHOR]

Contemporary criminal justice is premised on a rights-bearing defendant safe-guarded by due process from arbitrary state punishment. The paucity of academic commentary on the role of the criminal defendant suggests that there is a common assumption that the role is static. However, the rights-bearing defendant is a relatively new concept. Through a legal history analysis, this paper demonstrates that the defendant's role can mutate in response to pressures placed on the criminal trial. Broadly, there have been three conceptualisations of the defendant: the penitent Anglo-Norman defendant; the advocate defendant of the jury trial; and the rights-bearing adversarial defendant. Importantly, the shift from one conceptualisation to another has occurred gradually, often without commentary or conscious effort to instigate change. There are many contemporary pressures that could be impacting on the rights-bearing defendant. The concept of a mutable defendant provides a new theory through which to analyse these pressures. This paper considers the introduction of adverse inferences regarding the right to silence and disclosure, and the rise of 'digilantism'. These new pressures, it is suggested, help to facilitate a rhetoric of deservingness that goes against the rights-bearing defendant and raises the risk its role could once again be mutating. [ABSTRACT FROM AUTHOR]

This paper takes a sceptical look at the possibility of advanced computer technology replacing judges. Looking first at the example of alternative dispute resolution, where considerable progress has been made in developing tools to assist parties to come to agreement, attention then shifts to evaluating a number of other algorithmic instruments in a criminal justice context. The possibility of human judges being fully replaced within the courtroom strictu sensu is examined, and the various elements of the judicial role that need to be reproduced are considered. Drawing upon understandings of the legal process as an essentially socially determined activity, the paper sounds a note of caution about the capacity of algorithmic approaches to ever fully penetrate this socio-legal milieu and reproduce the activity of judging, properly understood. Finally, the possibilities and dangers of semi-automated justice are reviewed. The risks of seeing this approach as avoiding the recognised problems of fully automated decision-making are highlighted, and attention is directed towards the problems that remain when an algorithmic frame of reference is admitted into the human process of judging. [ABSTRACT FROM AUTHOR]

It is recognised that civil litigation has a place within the police accountability infrastructure. However, the role of actions against the police for wrongful arrest, false imprisonment, assault, and malicious prosecution (hereafter police actions) is underexplored. Taking citizenship as its analytical frame, this paper probes the relationship between police actions and the police complaints and discipline system over the last 60 years. Its primary focus is the Court of Appeal decision Thompson v Commissioner of Police of the Metropolis, Hsu v Same [1998] QB 498 (Thompson). Here the potential for police actions to expose questionable police responses to officer misconduct, and failings in external oversight mechanisms, came into conflict with the drive towards proportionate civil justice. In prioritising the latter, Thompson increased police autonomy over settlement of police actions, thereby deprioritising the role of the courts in demarcating the limits of state interference with citizens' rights. It is not suggested that Thompson should be overruled. Instead, it is contended that recognising the impact of the decision on subsequent reforms to police accountability processes and contemporary conceptions of the police-citizen relationship is crucial to understanding the roots of current disquiet concerning police accountability (and therefore to the development of meaningful reforms). [ABSTRACT FROM AUTHOR]

This paper considers experiences of penal and voluntary-sector interventions in the lives of young people labelled as 'troubled' or 'at risk' of criminal behaviour. Drawing on data from a case-study conducted in the north of England, this paper focuses on the narratives of young people 'on the margins' of society who were involved with a range of community-based interventions, specifically youth clubs, a support group and a mandatory youth justice course. We consider how young people experience and respond to stigmatising elements prevalent in the structured interventions and everyday interactions with the institutions and agencies intended to support them. We argue that 'promotive' relationships between young people and the adults working with them enable young people to challenge risk-based identities and navigate the barriers they face. [ABSTRACT FROM AUTHOR]

This paper seeks to understand how decision‐making works at the first appearance hearings (Custody Hearings) in Brazil, an initiative that intends to make the Brazilian criminal justice system more accusatorial. We used primary data gathered in the hearings between April and December 2018 in nine Brazilian states. Binary logistic regression models were applied to identify the variables that affect the odds ratios of pretrial detention. Results indicated a high level of homology between the prosecutors' requests and the judges' decisions, even when controlling for the characteristics of offense and offender, which precludes any direct openness to the defense. Decision‐making in the Custody Hearing reinforces the inquisitorial characteristics and the institutional features of the Brazilian Criminal Justice System, suggesting that the reforms carried out over the last years were not able to change how actors operate on a daily basis. [ABSTRACT FROM AUTHOR]

In a context where the criminal courts have been drastically affected by coronavirus, this paper seeks to demonstrate that the presumption of innocence risks becoming a further casualty of Covid-19. It will argue that prolonged pre-trial detention of unconvicted defendants has been sanctioned by the senior judiciary under the Custody Time Limit (CTL) Regulations. Following a series of important CTL decisions, a universal position of the senior judiciary, one supportive of government, is emerging: despite the case backlog resulting in defendants facing trial delays of unknown length, the exceptional circumstances of the pandemic which the executive faces, amounts to 'good cause' to extend CTLs. It will be argued that the correct approach for courts to follow is that that they must hear evidence that justifies why no court rooms are available before using that to mandate extensions. It will be further contended that these far-reaching decisions came from the senior judiciary's perceived need to mop up the problem posed by widespread refusals to extend CTLs, raising questions as to their ability to act independently of political pressure. [ABSTRACT FROM AUTHOR]

Phallometry is an objective method of assessing male sexual arousal. The main applications in forensic psychiatry concern the evaluation of men charged with or convicted of sexual offences, the evaluation of those with suspected paraphilias not subject to the criminal justice system, risk assessment and measurement of response to sex offender treatment. In some jurisdictions, phallometry is incorporated into legal decisions about release from custody or discharge from secure hospitals. This paper provides a brief overview of the international development of phallometry, considers challenges to its broader adoption and discusses future directions for research and clinical practice. [ABSTRACT FROM AUTHOR]

The current debate on closed-loop brain devices (CBDs) mainly focuses on their use in a medical context; possible criminal justice applications have only received incidental scholarly attention. Unlike in medicine, in criminal justice, CBDs might be offered on behalf of the State and for the purpose of protecting security, rather than realizing healthcare aims. It would be possible to deploy CBDs in the rehabilitation of convicted offenders, similarly to the much-debated possibility of employing other brain interventions in this context. Although such use of CBDs could in principle be consensual, there are significant differences between the choice faced by a criminal offender offered a CBD in the context of criminal justice, and that faced by a patient offered a CBD in an ordinary healthcare context. Employment of CBDs in criminal justice thus raises ethical and legal intricacies not raised by healthcare applications. This paper examines some of these issues under three heads: autonomy, human rights, and accountability. [ABSTRACT FROM AUTHOR]

“Strike hard” anti-crime campaigns, “harmonious justice” and “stability maintenance” are the three key politically inspired agendas of crime control and punishment in 21st-century China. This paper is a study of how discourse has helped to package these agendas and to mobilize politico-legal functionaries into action. It examines discourse in the first weeks of the 2014 “people's war on terror” and the agendas of “harmonious justice” and “stability maintenance” in the Hu Jintao era. It finds that each has been rationalized and shaped by an understanding of the utility of punishment based on Mao's utilitarian dialectics. The political virtuosity of Mao's dialectics is that it can be adapted to suit any political situation. In understanding how Mao connects with criminal justice in China today, this paper identifies what is the “political” in “politico-legal” discourse in the fight against crime in the 21st century. [ABSTRACT FROM PUBLISHER]

Propaganda and manipulation have long been employed to influence and shape individuals' thoughts and identities. In the advent of the digital era, these techniques have become more sophisticated and invasive, and are utilized to further various causes. This article investigates the extent to which international human rights law affords protection against manipulation techniques such as microtargeting and behavioral reading, which can negatively impact individuals' mental health and autonomy by threatening their right to construct their own identity. The right to freedom of thought in the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (Article 18), and the European Convention on Human Rights (Article 9) offers absolute protection to individuals' inner selves and covers the protection against manipulation on paper. However, in practice, the right has not received much attention and has not reached its full potential due to its abstract and ambiguous nature. This Article analyzes the preparatory works of these human rights law instruments, with a particular focus on the right to freedom of thought, to clarify its origins and the intention behind its creation. The Article contends that the historical origins of the right do not provide sufficient answers to the current issue and contribute to the ineffective application of the right against emerging manipulative practices. The Article also proposes potential ways to clarify and strengthen the legal framework related to the right to freedom of thought. [ABSTRACT FROM AUTHOR]

Multiple states have enacted statutes to govern procedures when a state seeks to execute a person who may be incompetent to understand why s/he is being so punished, an area of the law that has always been riddled with confusion. The Supreme Court, in Panetti v. Quarterman, sought to clarify matters, ruling that a mentally ill defendant had a constitutional right to make a showing that his mental illness "obstruct[ed] a rational understanding of the State's reason for his execution." However, the first empirical studies of how Panetti has been interpreted in federal courts painted a dismal picture. Only a handful of defendants have ever been successful in federal courts in seeking to enforce the Panetti ruling, and the authors of this abstract have characterized the relief ostensibly offered by that case as nothing more than an "illusion" or a "mirage" in a federal context. The issues of believability of experts, allegations of malingering, and "synthetic competency" dominate these decisions. In this paper, we seek to expand this inquiry to determine (1) how defendants in state courts seeking to assert Panetti claims have fared, and (2) the extent to which state statutes have made any meaningful difference in the way such cases have been decided. We also investigate the significance of the fact that the caselaw in this area has totally ignored the teachings of the school of legal thought known as therapeutic jurisprudence and offer some conclusions and recommendations (based on therapeutic jurisprudence principles) that, if implemented, can (at least partially) ameliorate this situation. [ABSTRACT FROM AUTHOR]

The paper explores the use of statistical data and statistical assumptions as evidence in criminal trials. It is suggested that a finding of guilt includes not only its main factual proposition but also additional propositions that support and affirm it. Specifically, it includes not only the proposition that the defendant committed the offence but also the additional affirming proposition that it is this defendant rather than any other potential defendant who committed the offence (the 'D rather than A' proposition). Some statistical generalisations provide reasons in defence of the main proposition but not in defence of the affirming proposition, which then remains random or arbitrary. Yet since criminal convictions include a moral judgement, they cannot be justified where some of their propositions are arbitrary. Accordingly, such statistical generalisations cannot justify a criminal conviction. [ABSTRACT FROM AUTHOR]

This paper explores the impact of cuts and continued fee stagnation on publicly funded criminal defence in England and Wales. In so doing, we take an explicit focus on Wales, which has been neglected in socio-legal scholarship on criminal justice matters. Drawing on 20 interviews with criminal defence lawyers in south Wales, we examine how they have experienced the changes to criminal legal aid in recent years. The lawyers in this study largely considered underfunding as a key political issue, with criminal legal aid identified as an easy target, also highlighting concerns around the impact of underfunding on their practice and how they can work for clients. As such, lawyers queried whether there is a viable future for criminal legal aid. These findings have implications for Wales, and the whole England and Wales jurisdiction, as we will discuss throughout. [ABSTRACT FROM AUTHOR]

A growing number of jurisdictions treat 'hardcore' cartel conduct as crime, in the belief that the threat of incarceration is necessary for deterrence. The significant economic harm caused by cartels is generally undisputed, but there is disagreement over whether cartel conduct is morally offensive enough to justify criminalisation. Critics argue that it is another example of 'over-criminalisation', seeking to regulate an activity that is morally ambiguous. Those in favour have sought to formulate normative justifications for why cartel conduct should be crime. Many of these rely on the assumption that members of society expect markets to be competitive and believe cartels are undesirable. This paper makes a significant contribution by testing this question empirically. Public surveys from the UK, Germany, Italy and the US are used to critically analyse the extent to which normative justifications for cartel conduct have empirical backing. [ABSTRACT FROM AUTHOR]

Over the past two decades, there have been significant legal developments aimed at securing and enhancing the participation of vulnerable witnesses in criminal trials. Yet, there remains relatively little regard for the fact that many defendants, including those who are not deemed to be vulnerable, are unable to participate in criminal proceedings in a meaningful sense. This paper aims to address two questions. First, why should defendants have participatory rights and be capable of meaningful participation in criminal proceedings? Second, why has it proven so difficult to attain meaningful participation of defendants? It is contended that barriers to meaningful communication between the defendant and the court could be dismantled without great difficulty, but continue to exist because due regard is not given to the normative rationales for participatory rights and defendant participation. [ABSTRACT FROM AUTHOR]

This article analyses an overlooked element of public service marketisation, examining overseas export activity within healthcare and criminal justice. It explores the drivers, strategies, opportunities and risks of such activities, and the differences across policy sector. Focussing on contrasting experiences is an opportunity to understand the complex and differentiated operational and structural environments within which this form of "public entrepreneurialism" is expressed. There is a gap in our understanding of such developments and their promotion within the context of austerity. The paper discusses the implications of the entrepreneurial state for public sector reputation. [ABSTRACT FROM AUTHOR]

Attitudes toward legal authorities based on theories of procedural justice have been explored extensively in the criminal and civil justice systems. This has provided considerable empirical evidence concerning the importance of trust and legitimacy in generating cooperation, compliance, and decision acceptance. However, not enough attention has been paid to attitudes towards institutions of informal dispute resolution. This paper asks whether the theory of procedural justice applies to the alternative dispute resolution context, focusing on ombuds services. What are the predictors of perceptions of procedural justice during the process of dealing with an ombuds, and what factors shape outcome acceptance? These questions are analyzed using a sample of recent ombuds users. The results indicate that outcome favorability is highly correlated with perceived procedural justice, and both predict decision acceptance. [ABSTRACT FROM AUTHOR]

Are women disadvantaged whilst accessing justice? I chart, for the first time, the full trajectory of accessing justice in India using an original dataset of roughly half a million crime reports, subsequently merged with court files. I demonstrate that particular complaints can be hindered when passing through nodes of the criminal justice system, and illustrate a pattern of "multi-stage" discrimination. In particular, I show that women's complaints are more likely to be delayed and dismissed at the police station and courthouse compared to men. Suspects that female complainants accuse of crime are less likely to be convicted and more likely to be acquitted, an imbalance that persists even when accounting for cases of violence against women (VAW). The application of machine learning to complaints reveals—contrary to claims by policymakers and judges—that VAW, including the extortive crime of dowry, are not "petty quarrels," but may involve starvation, poisoning, and marital rape. In an attempt to make a causal claim about the impact of complainant gender on verdicts, I utilize topical inverse regression matching, a method that leverages high-dimensional text data. I show that those who suffer from cumulative disadvantage in society may face challenges across sequential stages of seeking restitution or punitive justice through formal state institutions. [ABSTRACT FROM AUTHOR]

An influential view in recent philosophy of punishment is that the apparatus of criminal justice should be geared at least in part to state censure of wrongdoing. I argue that if it were to be so geared, such an apparatus would make ambitious claims to authority, and that the legitimacy of the relevant state would then depend on whether those claims can be vindicated. This paper looks first at what kind of authority is being claimed by this apparatus. The criminal law, I argue, cannot merely be thought of as claiming a right to rule and to be obeyed. Rather, its authority is better understood as the authority of moral oversight : a power to alter, at will (though within certain limits), citizens' liability to answer for their compliance with—and to be officially censured for their failure to comply with—a designated set of pre-existing moral 7reasons. The paper then looks at whether a state could realistically be expected to possess such authority—that is, whether a state that claims to have such a power could ever be legitimate. [ABSTRACT FROM AUTHOR]

Imprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks being a disproportionate or inappropriate sanction, retributivists need to explain how a prison term can be warranted as the backup sanction for those who breach the requirements of their non-custodial sentence, even though their original crime wasn't serious enough to warrant imprisonment in the first place. The aim in this paper is to critically assess the extent to which retributivists can justify the use of imprisonment as the ultimate back-up sanction. In doing so, I first examine two broad strategies that are discussed in the literature, and which retributivists could employ in order to respond to this problem. The first strategy stresses how desert has only a limited role in sentencing such that it demarcates a range of deserved punishment. On this view, associated with limiting retributivism, one could initially opt for a less harsh yet deserved punishment, leaving room for the imposition of back-up sanctions when needed. The second strategy focuses on how the act of breach is a reprehensible act that can allow for a penalty increase, and thereby lead to imprisonment. Although it is argued that both strategies fail, the paper proposes an alternative solution to this problem. [ABSTRACT FROM AUTHOR]

This paper analyses the visualisation of rape and sexual assault in legal and scholarly language. It begins with a critique of the Court of Appeal ruling in R v. Evans (Chedwyn) and its forensic examination of the details of a female rape complainant's consensual sexual activity with other men. The case is analysed in light of a visual metaphor used by Ellison and Munro to describe the removal of popular misconceptions about rape. The paper contextualises that discussion with reference to the idea of the male gaze and its affirmation of a phallocentric cultural and social world in which the objectification of female difference is entrenched. The paper finally challenges that assessment, however, sketching an alternative approach to visual-critical scholarship that embraces interdisciplinarity and a literary sensibility to break (or at least to loosen) the association between the prurient eye of the male voyeur and the criminal justice gaze. [ABSTRACT FROM AUTHOR]

During the early and middle decades of the twentieth century, a number of jurisdictions introduced specific laws to deal with the crime of infanticide, following the English approach to this offence which allowed for a reduced conviction and flexible sentence in cases where women killed their babies aged under 12 months whilst in a mentally disturbed state. Taking the Irish experience, this paper explores the role of social norms in the criminal justice response to infanticide. It is argued that, irrespective of the existing legal framework in place, implicit shared social norms about the ‘appropriate’ outcome in cases where women killed their babies played a crucial part in how this crime has been dealt with by the courts. The criminal justice response will be assessed against shifting legal and social environments, in particular, the enactment of a specific Infanticide Act in 1949, and Ireland's transition from a conservative to a liberal society during the last decades of the twentieth century. In particular, the role of social norms in the interpretation of the medical rationale for this law is explored, and the impact of Ireland's social and cultural liberalisation on the criminal justice response to infanticide is examined. [ABSTRACT FROM AUTHOR]

This paper examines the hypothesis that litigants' perceived procedural justice is positively associated with their trust in judges. We argue that although this association might seem quite robust, it can vary across contexts. In particular, we suggest that the nature and magnitude of the association between procedural justice and trust in judges depends on outcome concerns, and other sociolegal moderators such as outcome importance and prior court experience. We tested our predictions in three different types of law cases among 483 litigants at court hearings of the district court of the Mid‐Netherlands. As predicted, our results indicate that perceived procedural justice was positively associated with trust in judges when outcomes were relatively favorable, and that this association was even stronger when outcomes were relatively unfavorable. The courtroom context studied here enabled us to explore how other sociolegal variables moderated these relationships. [ABSTRACT FROM AUTHOR]

The continued relevance of customary law for the regulation of the daily lives of Africa's citizens poses serious governance challenges to sovereign states, such as how best to regulate customary dispute settlement. While confronted with largely similar problems, the South African government proposed to enhance and regulate the position of its traditional courts, whereas Malawi has opted for the creation of hybrid local courts that combine characteristics of regular state courts and customary fora to be the main avenue of customary law cases. This paper analyzes the strengths and weaknesses of both approaches and displays how the two countries' historical and political contexts enable and constrain their regulatory choices in the field of customary dispute settlement, as well as influence the risk and benefits of the various options. In this respect, the political power of the traditional leaders is a significant determinant. [ABSTRACT FROM AUTHOR]

There is an ongoing debate amongst hate crime scholars about the categories of victims that should be included within hate crime legislation. Some commentators argue that affording protection to groups based on predefined characteristics results in many victims being excluded from the legislation. They would prefer a more inclusive approach that would offer protection to a potentially limitless number of groups. This paper considers the question from a doctrinal perspective, and argues that a principled way of deciding the characteristics of hate crime is required. It will conclude that the core concern of hate crime legislation is with the furthering of the broader equality agenda and, as such, the victims of hate crime should form an exclusive group based on those characteristics protected under equality legislation. This approach can help provide a theoretical framework for hate crime legislation that can be more easily accommodated within criminal law principles. [ABSTRACT FROM AUTHOR]

English juries do not provide reasons for their verdicts. This paper argues that transparency is a fundamental value in modern decision making, and that reform is needed to trial by jury so that verdicts are routinely accompanied by explanations. It examines the options that exist to incorporate explained verdicts in the English criminal trial and concludes that accountability and legitimacy would be enhanced through the use of a trained, independent lay facilitator to chair the deliberation process and draft an explained verdict. [ABSTRACT FROM AUTHOR]

We are increasingly subject to the power of technological systems relying on big data and AI. These systems are reshaping the welfare state and the administration of criminal justice. They are used to police tax evasion, track down child abusers, and model the spread of the pandemic. And they are used to weaponize vast surveillance networks through facial recognition technology. But algorithmic power extends far beyond the state: we spend ever more time working, socialising, and consuming within digital platforms. Our experiences are governed by algorithms that are constantly monitoring and shaping our behaviour and our attention, automatically selecting what we do and do not see. These online experiences have offline consequences, among them an unprecedented challenge to democratic processes worldwide. [ABSTRACT FROM AUTHOR]

Roughly a thousand people are killed by American law enforcement officers each year, accounting for more than 5% of all homicides. We estimate the causal impact of these events on civic engagement. Exploiting hyperlocal variation in how close residents live to a killing, we find that exposure to police violence leads to significant increases in registrations and votes. These effects are driven entirely by Black and Hispanic citizens and are largest for killings of unarmed individuals. We find corresponding increases in support for criminal justice reforms, suggesting that police violence may cause voters to politically mobilize against perceived injustice. [ABSTRACT FROM AUTHOR]

In this paper, I take George Lakoff and Mark Johnson's thesis that metaphors shape our reality to approach the judicial imagery of the new criminal justice system in Mexico (in effect since 2016). Based on twenty-nine in-depth interviews with judges and other members of the judiciary, I study what I call the 'dirty minds' metaphor, showing its presence in everyday judicial practice and analysing both its cognitive basis as well as its effects in how criminal judges understand their job. I argue that the such a metaphor, together with the 'fear of contamination' it raises as a result, is misleading and goes to the detriment of the judicial virtues that should populate the new system. The conclusions I offer are relevant beyond the national context, inter alia, because they concern a far-reaching paradigm of judgment. [ABSTRACT FROM AUTHOR]

Trials of complex fraud cases have raised numerous contentious issues in terms of procedural fairness and public resources expenditure. This paper examines the management of complex fraud trials through the lens of managerialism in the criminal justice system, analysing its effects upon procedural efficiency of the trial. The paper draws on qualitative data gathered from observations of insider-dealing trials, and interviews with prosecuting and defence lawyers and a trial judge. The findings reveal that, in practice, although dangers to procedural efficiency are constantly present throughout the trial, its successful management depends on a combination of factors vested in the actors involved and the strategies used. Whilst the increased efficiency of the trials is a reflection of managerial approaches in case management, this does not necessarily indicate a negative development in the area of the control of business misconduct, and managerialism may not be necessarily entirely undesirable in the criminal justice system. [ABSTRACT FROM PUBLISHER]

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Criminal Justice and Courts Act 2015 has created several new offences regarding juror misconduct. While this legislation has been passed in response to jurors accessing improper 'evidence' online, it is wrong to treat juror misconduct as a new problem. The most famous case on this topic (Bushell's Case) did not completely prohibit juror punishment, but the rhetorical force of the decision was such that penal practices have until recently been overlooked in the academic literature. This paper argues that assessing the new offences is greatly helped by understanding how juror misconduct has been responded to in the past. Drawing on the language of Bushell's Case itself, as well as new archival research, it argues that previous practices of juror punishment have largely depended on whether particular instances of misconduct related to the juror's 'ministerial' or 'judicial' functions; and that 'judicial' offences (those relating to verdict formation) have been much less likely to be punished. Rather, such offences have tended to be managed away. If today's judges continue acting in this way, the new offences are unlikely to be resorted to very often, with the judiciary being much more likely to focus on techniques for avoiding misconduct in the first place. [ABSTRACT FROM AUTHOR]

My goal in this paper is to tell you a story, a story about race, about crime, about discretion, and about hope. I want to suggest that mass incarceration in the United States is not necessary or wise. It is the product of a criminal justice system that has ballooned beyond reason or recognition from its design. [ABSTRACT FROM AUTHOR]

This article offers a political analysis of the practices and motives of public order policing in Ethiopia and Uganda. It offers an explanation of the continuation of forceful tactics against political protest in a context of changing methods of information gathering, organisation and mobilisation by urban activists resulting from their access to internet and communication technology. It finds the two regimes, as anocracies, are caught between legally allowing protest and yet, conscious of their fragility, determined to crush opposition. For the latter approach, their militarist leaderships rely heavily on continued police violence. The paper concludes that failure of the police to adapt their public order policing to the new protest environment leaves them increasingly ineffective and unpopular. It is likely to provoke an escalation of violence and may both undermine the legitimacy of their regimes and reverse their attempts to open political space that justified their rebellions against former autocracies. [ABSTRACT FROM PUBLISHER]

People with cognitive disabilities face specific forms of discrimination and disadvantage in the criminal justice system, including in legal proceedings. While unfitness-to-stand-trial provisions are intended to assist in avoiding unfair trials, in application, such laws can exacerbate disadvantage. A recent research project sought to increase the participation of accused persons with cognitive disabilities in legal proceedings by developing, implementing and evaluating a model in which disability support workers were embedded in legal services in three Australian jurisdictions. This paper details the findings of a cost–benefit analysis undertaken of that model compared with the common outcomes for accused persons with cognitive disability, including a finding of unfitness to stand trial. The analysis provides evidence of how a tailored programme intervention at a critical point can provide savings in police, courts and custody costs in addition to improving the timeliness and quality of outcomes for people with cognitive disabilities. [ABSTRACT FROM AUTHOR]

That black and white Americans disagree about the carceral state is well established; why this is the case is much less clear. Drawing on group hierarchy theory and the state's role in perpetuating group subordination/domination, we theorize that differences in socialization and contact during emergent adulthood produce divergent priors for racial groups and gender subgroups within race. These different starting points shape how people integrate new information from recent contact into their belief systems. Using a survey of over 11,000 respondents, we find that, instead of all groups integrating information the same way, recent direct contact contributes most to negative attitudes among groups whose contact with government agents is least negatively valenced. While interactions with the American carceral state divide opinions considerably among white Americans and women, adulthood contact for black Americans, especially black men, appears to be but 'a drop in the ocean' of political life. [ABSTRACT FROM AUTHOR]

This paper examines the management of offenders with mental disorders in Brunei Darussalam. The existing legislation, resources and service configuration are discussed in the context of recent developments and the challenges that need to be addressed. An innovative multi-agency approach is suggested to improve the management of a group of people with complex needs. [ABSTRACT FROM AUTHOR]

The article discusses the article by Sariaslan et. al., which describes a cohort of individuals prescribed antipsychotics in Sweden between 2005 and 2013 and concluded that the absence of antipsychotic prescription among individuals with psychotic disorders is associated with higher rates of arrests and convictions. But the authors did not sufficiently cover the complex background of literature on antipsychotic prescription, which weakens their supposition of covering time-invariant factors.