published_or_final_version / Chinese / Master / Master of Philosophy

The criminal justice administration has failed the American Indian. Since the usurpation of traditional tribal criminal justice management by the local, state, and federal criminal justice systems, the impacts of Indian crime have become epidemic. The American Indian has the highest arrest rates, alcohol-related crime, violent-related crime, and conviction rates of any group in the United States. Indians are 15% less likely to receive deferred sentences, and 15% less likely to receive parole. In addition, the Indian offender has the highest recidivism rate of any ethnic group in the United State. This paper discusses the problems of Indians in the criminal justice system at the adult and juvenile level. As recommendations it stresses the empowering of the Indian community, the greater autonomy of tribal courts, the concepts of alternative sentencing programs for Indian offenders, treatment as justice, and the idea that Indian people can take charge of this problem and do a better job in addressing their relatives.

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The reported rate of violent crime tops the agenda on the mind of South Africans. It remains the main contending problem facing the current administration and the general populace. Its effect cut across race, class, sectors, provinces, cities, or locations. With violent crime against the individual and property continually escalating the very survival of the civil populace and the institution of democracy would remain undermined. Consequently, the effects of a high crime rate are presently affecting the image of the country abroad, as it is threatening other vital sectors of the economy such as: tourism, transport, construction and building projects and other domestic sectors of the economy. It leads to problems such as the brain drain and has a high cost associated with sustaining the criminal justice system. In the light of the above, the central thrust of this thesis is to identify the role and functions of organized criminal organizations that have proliferated and are greatly entrenched in South Africa. Although this thesis acknowledges the findings of victim surveys, which have shown that more than 50% of murders, assaults and sexual assaults in South Africa occur between people who know each other, the fact is that illicit and criminal activities such as thefts and smuggling extend beyond the shores of the country in an organized fashion. There seem to be no doubt that the activities of organized crime operate in a democratic dispensation that has adopted a broad range of rights including the right of privacy. The Government response through social policy documents has clearly failed to combat organized crime or reduce the levels of violent crime. The reason is that since organized crime is complex to observe, criminals have become more daring in their exploits. In addition this thesis would examine major policies starting with the South Africa National Crime Prevention Strategy (NCPS) and the White Paper for Safety and Security, recent budget increases to fight crime as well as a range of policies under the present ANC-led government. While not assuming that this research has a permanent solution to solving violent crime, it is a fact that income inequality, drug abuse, and poor socio economic conditions remain core problems facing the government. One is hopeful that the solution of South Africa crime problem may lie within the political leadership. That is if the political will power can be exercised and the leadership of the country and the security apparatuses become decisive in their relentless fight against crime. / Thesis (M.A)-University of KwaZulu-Natal, Durban, 2004.

The subject of this thesis is criminal justice policy. It focusses on diversion, that is, alternatives to the court system. I argue that the current criminal justice system, which is rooted in retributive principles, has shortfalls which are of such a degree that it makes sense to consider alternatives. A new movement in criminal justice policy, restorative justice, reflects a theory that may provide a framework for new programs. Restorative justice is based on principles that are fundamentally different from retributive ideology and the translation of these ideas results in dramatically different programs. In my thesis I delineate the differences between restorative and retributive principles. The retributive system leads to dissatisfaction among the stakeholders in the criminal process. The purpose of the thesis is to investigate whether implementation of restorative justice principles could lead to more satisfaction and a higher quality of justice. The restorative justice theory has a strong rhetoric, as will be made clear. The implementation of restorative programs, however, does not develop quickly. There are several reasons for the slowness, including the reluctance of criminal justice officials to give new initiatives a chance to develop and to co-operate in their development. I describe three restorative programs that divert criminal cases from the court system, they are: mediation, dading, and family group conferences. On the basis of these programs I make clear which are the strengths and the possible weaknesses of restorative justice. The comparison of different programs from different countries, provides a useful insight in the dynamics of restorative justice in practice. International research and comparison will lead to understanding in how to design a suitable and valuable process. My conclusion is that a truly restorative system is neither a realistic, nor a wished situation. For a variety of cases, though, restorative programs provide a better locus for resolving the problems involved in crime, than the court process does. I therefore advise that the development of restorative programs must go on.

Official statistics provide us with some of our most important insights into crime and the criminal justice system. Sociologists, however, have generally not examined the institutions which produce these statistics. "Making Crime Count" addresses this lacuna through a study of the Canadian Centre for Justice Statistics (CCJS), which is Canada's sole source for national criminal justice statistics. To do so it employs a methodological combination of focused interviews, participant observation and documentary analysis. The availability of criminal justice statistics has fostered a distinctive approach to the governance of crime and criminal justice. A form of 'actuarial justice' has emerged whereby crime is increasingly understood as a statistical probability rather than a moral failing. At the same time, criminal justice statistics render criminal justice organizations amenable to governmental strategies that aim to manage the system. To examine the means by which the Centre has been able to produce its statistics, I draw from contemporary work in the sociology of science which emphasizes the role of complex knowledge networks in the production of scientific facts. Within the Centre's 'knowledge network' assorted elements and institutions must be aligned. We document the ways in which the CCJS is in continual negotiation with the police in order to secure data for the 'uniform crime report' survey. The Centre's controversial 1990 proposal to collect race/crime data is also explored as an example of the power and politics of official classifications. Although the Centre must maintain the appearance of being apolitical, they are occasionally engaged in micro- political negotiations in order to produce their statistics. We document the role that different jurisdictions play in shaping the Centre's knowledge production regime. Once their statistics are collected, there can be negotiations over how they should be publicized. The style of presentation employed by the CCJS is ultimately influenced by organizational constraints, audience considerations and epistemic concerns. The overall results of this research underline the importance for authors writing on 'governmentality' to consider the means through which governmental knowledge is produced.

This thesis examines several aspects of the Indiana Criminal Justice Planning Agency and the framework within which it operates. Included is a review of the administrative framework of the Law Enforcement Assistance Administration as well as the criminal justice planning structure within the state of Indiana. In addition, the primary obstacles the Indiana Criminal Justice Planning Agency (ICJPA) has had to deal with in accomplishing its program objectives are discussed.A study of three selected criminal justice planning regions within the state of Indiana representing varying demographic characteristics was undertaken. Variations in the nature and size of criminal justice programs were studied. Further analysis of funding data is also included.An interview survey of the local governmental officials of Region IV of the ICJPA was conducted. This survey was intended to bring forth grass roots reactions to the concept of a federally-funded, state-coordinated administrative organization in the area of law enforcement.

This research deals with the topic of violent crime in urban Colombia. Although many references are made to the conflict between the State, guerrilla groups and paramilitary organisations in rural areas, and to the problem of drug-cartels and illegal-drug production, the main aim of the thesis is to show recent trends in violent crime and discuss citizen security strategies followed during the decade of the 1990s. Chapter 1 focuses on urban homicides. In Colombia, 40 percent of the 25,000 annual homicides are committed in the ten largest cities. The cities of Medellin, Bogota and Cali account for almost 30 percent of this total. Although the victims are mainly young men from the poorest socio-economic levels, homicides are not necessarily correlated to the areas where the poor live. The probability of getting involved in a homicide, either as a victim or as victimiser, is significantly higher in places where access to economic resources is greater. Chapter 2 analyses the problem of kidnappings. The chapter looks at recent progresses in Colombian anti-kidnapping legislation and focuses on the authors, the victims and the riskzones where most cases take place. Although these crimes affect mainly the rich and the middle class, kidnappers have recently started to target victims from all social backgrounds. This strategy creates fear among citizens and permits kidnappers to extort more fees from people who could be at risk of being kidnapped. Chapter 3 looks at the issue of perception and fear of crime. This question provides a better understanding of the concept of risk and the subjectivity of decision-making when facing insecurity. If citizen security strategies have had little impact during the last decade, it has been partly because of poor levels of co-operation and communication with the population. The consequence of this has been an increasing perception of insecurity and distrust among citizens. Chapter 4 assesses citizen security strategies followed during the administrations of Presidents Gaviria (1990-1994), Samper (1994-1998) and Pastrana (1998-2002). The reforms implemented since the adoption of a new Constitution in 1991 have had important impacts on security strategies as they have given more discretionary powers to civilian authorities, especially at the municipal level. Larger cities like Bogotá, Cali and Medellin, implemented a series of successful programmes that have reduced the levels of violent crime, notably homicides. Other crimes, like kidnappings, have not decreased since the government has lacked a coherent strategy to combine its peace negotiations with insurgent organisations with its legitimate right to fight violent crime.

Thesis (Ph. D.)--Ohio State University, 1975. / Includes bibliographical references (leaves 153-156). Available online via OhioLINK's ETD Center.