Thesis (Ph. D.)--University of Chicago, 2002. / Includes bibliographical references (p. 104-107). Also available on the Internet.

Race does matter but to what extent? It depends on the vested interests of the governing body. In Brazil, a theory of racial democracy was advanced to accommodate competing interests. In the United States, a theory of racial equality as a supplement to the "self-made man" concept was incorporated to address opposing concerns. This thesis examines the racial formation in Brazil and the United States and how the respective criminal justice systems were formed and are impacted by racial considerations. After a discussion of racial formation in both countries, its relevancy to existing criminal justice institutions is offered. It is submitted that generally, race formation led to criminology that had a reliance on anthropology in Brazil, while it was founded on a sociological perspective in the United States. The Brazilian perspective presupposes a continuum of racial designations contributing to democratic governance which values "whitening" as a unifying factor while the United States perspective presupposes all races are equal within democratic governance which values individual achievement as the unifying factor. These presuppositions have emerged as national myths under the nomenclature of Racial Democracy and Racial Equality or the "self-made man". These myths have also been exposed by social scientists from both an anthropological and sociological perspective. Far from being realized, the pursuit of these myths, or desired cultural norms of "whitening" and individual achievement, continue to influence race relations in both countries. Nevertheless, the implementation of affirmative action policies has emerged to address the shortcomings in each theory. Ironically, what started as two diametrically opposing views of racial designation has integrated somewhat under the significant influence associated with cultural globalization, transparency, democratization and advanced social science methodology.

This dissertation consists of three essays in labor economics. The first essay models how migrants crossing the border between the United States and Mexico respond to increases in border enforcement. We model a potential migrants' joint decision of whether to cross the border and, if so, where to cross the border using a random utility function. Our model allows us to calculate the migrants' substitution patterns: does more enforcement primarily on one part of the border primarily deter migrants from crossing the border altogether, or simply divert them to other parts of the border? We find that a substantial proportion of migrants are indeed diverted. These findings should serve as a caveat to policy makers who seek to address immigration reform issues primarily through tightening the border.The second chapter models the internal migration decisions of U.S. households during the period 935 to 1940. We measure the impact of spending on New Deal programs on migration patterns. Using a model of random utility similar to that in prior chapter, we find that more public works and relief spending in a region made it more attractive to potential migrants, while additional spending on the Agricultural Adjustment Administration (AAA) made the locale less attractive. The structural nature of our model allows us to compute counterfactual estimates to assess the overall impact of these programs. We find that regional disparities in spending on public works and relief programs we responsible for nearly 20% of long distance moves made between regions during this period.In the third chapter, we decompose the gap between mean sentences for males and females in the U.S. criminal justice system into the portion that can be explained by differences in the average severity of the crime committed by males and females and the portion explained by differences in how males and females who commit the same crime are treated. We find that differences in characteristics of the defendant can explain only half of the gap between mean male and females sentences, suggesting that women receive more lenient treatment in the U.S. criminal justice system.

The debate surrounding the impact of gender on sentence severity is ongoing. The majority of the research contributing to this debate has been based in the United States and has focused primarily on the effect that offender characteristics have on sentencing outcomes. This study utilizes 28 years of homicide data from a large Canadian urban jurisdiction to examine the effect that the gender of both the victim and offender has on determining sentence length. Results show that an offender’s gender alone has no effect on sentence length, but that offenders who kill female victims receive longer sentences and male offenders who kill female offenders receive the longest sentences. A deep-sample exploratory qualitative analysis further demonstrates that other gendered factors such as prior victimization and familial roles may have an impact on sentencing decisions in Canada. Future research directions from this analysis are discussed.

The criminalization of women is an area of study that has intrigued many researchers. Using critical race theory, multiracial feminist theory, and radical feminist theory, this research attempts to explain this phenomenon. Through the use of personal interviews with women who are currently reintegrating back into society after being incarcerated, I attempt to uncover the factors which influence female criminality, and analyze the experiences women encounter when confronted by the Canadian criminal justice system. A key hypothesis that fuels this study is that discriminatory practices exist within the Canadian criminal justice system which negatively impact women of colour and Aboriginal women. I argue that the criminalization of women of colour and Aboriginal women occurs as a result of failing to take into consideration the intersectionality of race, class and gender in women who commit criminal acts. This phenomenon occurs due to patriarchal and classist biases that seek to maintain current power structures and relationships by continually oppressing those who do not fit within their group. The findings that emerged from the interviews support my hypothesis and confirm that changes within the criminal justice system are imperative in order to ensure women are treated fairly. / Thesis (Master, Sociology) -- Queen's University, 2009-05-21 12:25:50.747

This work seeks to critically examine the right to legal representation in the South African criminal justice system under a future constitutional dispensation. Extensive attention has been given to how the right to legal representation has been interpreted under the common law. Reference has been made to the united States 6f America's approach to the due process and equal protection clauses in shaping the substantive and procedural content of the right to counsel in criminal proceedings. The importance of legal representation is examined during the pre-trial, trial and sentencing stages of criminal proceedings. A brief comparative examination has been made of the right to legal representation in other foreign jurisdictions, and how the courts have dealt with indigent accused persons facing criminal charges. Proposals from different quarters in South Africa have been discussed in the hope that these proposals may still find a place in the country's final constitution. Finally, the practical implications of a qualified right to free legal representation as provided by the Interim South African Constitution is discussed. Suggestions are also made concerning the approach to be adopted by the courts in the face of judicial precedents which would be in conflict with a new value system under a Bill of Rights after 27 April 1994. / Thesis (LL.M.)-University of Natal, Durban, 1994.

This PhD study examines how people who are intellectually impaired are processed within the criminal justice system. In this context it analyses the understanding of intellectual disabilities, criminal justice decision-making processes, and the constructon of crime and punishment by professionals involved in criminal justice. Despite significant changes in mental health legislation and greater awareness by professionals of issues around intellectually disabled offenders, previous research has demonstrated that this population remains disadvantaged when coming into contact with the criminal justice system. The study focuses on how the criminal justice system maintains its traditional way of operating when engaging with people who are impaired in their intellectual capacities and who, therefore, often have difficulties in processing information and understanding complex situations. The study draws on qualitative data generated through thirty five unstructured interviews with custody sergeants, forensic examiners, prosecutors, magistrates, judges and probation officers from three regions in the North West of England: Cheshire, Merseyside and Greater Manchester. Through those interviews, the provision of support to alleged offenders is examined and the process of legal representation evaluated. By analysing decision-making processes around vulnerable defendants, two conflicting views that influence cimrinal justice professionals in their strategic behaviour were identified: protecting offenders' rights and protecting the public from criminal behaviour. It is argued that the criminal justice system draws its normative and enforcement powers from a 'discourse of truth' that concentrates on capacity and intent. Defendants who are classified as vulnerable because of impaired intellectual functioning whereby capacity to reason and intellectual disability are functionally separated. This way, an alleged offender's vulnerability becomes a manageable object within the criminal justice system and is integrated into a person's risk management. The disjointed discourse around intellectual disabilities increases the risk that people with an impaired level of intellectual functioning become drawn into the mainstream criminal justice system and, therefore, further compromises the empowerment and social inclusion of this population.

Abstract It is often stated that plea-bargaining is an indispensable part of a fair and efficient criminal justice system. By observing sentencing hearings in the Provincial Court of Manitoba this thesis shows that some form of plea bargaining is involved in a substantial majority of cases. Almost half of these plea bargained matters resulted in joint recommendations on sentence. However, the vast majority of these joint recommendations did not involve a true plea bargain. In this limited study, it was observed that the presiding judge accepted all joint recommendations as presented by counsel. One of the goals of plea bargaining is to arrive at joint recommendations on sentence. Though lawyers on both sides of the courtroom may perceive an advantage to joint recommendations, for the accused these advantages may be illusory. Judges routinely accept joint recommendations despite not being the progeny of true plea bargains involving a quid pro quo. This research suggests that the vast majority of joint recommendations are born of cultural expedience rather than as a result of true plea bargains. These cultural joint recommendations encroach significantly on the judicial function and may erode public confidence in the administration of justice. The continued proliferation of cultural joint recommendations may further entrench a culture of expedience in our criminal justice system and could potentially lead to higher sentences for offenders.

This thesis has explored the relationships that exist between the police and the courts. It hypothesized that a relationship existed between the amount of training police officers received and their attitudes toward the courts. The study traced the history and training programs of the police. It explained the judicial process in criminal cases and examined recent United States Supreme Court rulings of concern to police officers.The basic analytical device was a two part questionnaire. The first section of 23 items attempted to measure officers' attitudes toward the judicial system, court officials, and United States Supreme Court rulings. The second section of 14 items gathered background information about the officers stressing the amount of training they had received. The responses of the 420 officers surveyed and their importance were discussed. No strong statistical significances were obtained to substantiate the hypothesis.

No description available.