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Incorporating the myth of racial democracy and the myth of racial equality within the criminal justice systems of Brazil and the United StatesLinhares, Fernando E. 02 September 2015 (has links)
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.
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The interface between customary laws of succession in the traditional justice system and the formal justice system inMutema, Angela N. January 2020 (has links)
Doctor Legum - LLD / Traditional justice systems (TJS), which apply African customary law (ACL), play a significant role in the regulation of various cultural, social, and economic spheres of individual lives in society. It is estimated that 90% of African countries use TJS in dispute resolution. Succession matters form one of the areas in which TJS are applied. In Kenya, it is estimated that the majority of succession matters are addressed through TJS given that only 36% of cases are taken to the formal justice system (FJS) for determination. This indicates the presence of legal pluralism where formal law co-exists with African customary law. However, the application of customary succession laws and their enforcement by the FJS encounter impediments which curtail the integration of ACL within the FJS. Therefore, the purpose of this study is to determine the interface between African customary laws of succession in the TJS and the FJS. In order to achieve this objective the study applies the Historical School of Jurisprudence as its theoretical framework and applies document analysis as the research methodology. The major findings of the study indicated that though progressive recognition, application and enforcement of ACL in Kenya has been realised, there are several impediments to the integration and enforcement of customary succession decisions within the FJS. These include non-complimentary legal provisions, lack of in-depth knowledge on ACL by the FJS, and more importantly, lack of a policy guideline on the integration of ACL within the FJS. Based on these findings, this study finds it necessary to develop a guideline that will enhance the integration and enforcement of customary succession decisions by the FJS.
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The Rule of Law and InformalJustice Systems : A Potential Conflict in Judicial DevelopmentRicken, Joseph January 2013 (has links)
No description available.
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Sentencing circles in SaskatchewanOrchard, Bonnie E. 14 April 2008
This Thesis attempts to develop an understanding of the problems that Aboriginal offenders encounter in the Canadian justice system and examines why Euro-Canadian justice philosophy and mechanisms are not appropriate or effective. It is often very difficult for non-Aboriginal persons to understand that there is a difference between being Aboriginal and non-Aboriginal. This difference impacts offenders as they interact with the criminal justice system.<p>
The sentencing circle is one process by which the sentencing judge can obtain a clearer picture of the offender and consider sentencing options other than the `usual punishment'. It is an opportunity for the offender to address the consequences of his or her actions and to seek the help of community and family. It is also an opportunity for the victim to be heard and to seek redress.<p>
Current sentencing practices and theory are briefly examined as they bear on sentencing circles. Issues which have arisen as a result of the implementation of sentencing circles in Saskatchewan are examined (where possible, within the context of Saskatchewan case law).<p>
The use of sentencing circles has raised questions about the current approach to sentencing as contrasted with the restorative approach of the circle. The restorative approach to justice is a recurring theme throughout the Thesis. The different approach of the sentencing circle to the offender and the involvement of the community in the sentencing process have raised questions about incarcerating offenders, about disparity in sentences, about the protection of the public, and about the role of the community, the family and victims in the sentencing and rehabilitative processes. These issues are examined.<p>
This Thesis has also attempted to draw some conclusions about the larger issue of where sentencing circles may be leading the justice system and the Canadian public. Is the sentencing circle merely an innovation within the justice system that can provide a more effective sentencing mechanism than the sentencing hearing? Or, is the sentencing circle leading Aboriginal peoples towards their own justice systems?<p>
The sentencing circle has forced an examination of current sentencing practices. This, in turn, has opened a window of opportunity to do some serious re-evaluation of the existing sentencing process.
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Sentencing circles in SaskatchewanOrchard, Bonnie E. 14 April 2008 (has links)
This Thesis attempts to develop an understanding of the problems that Aboriginal offenders encounter in the Canadian justice system and examines why Euro-Canadian justice philosophy and mechanisms are not appropriate or effective. It is often very difficult for non-Aboriginal persons to understand that there is a difference between being Aboriginal and non-Aboriginal. This difference impacts offenders as they interact with the criminal justice system.<p>
The sentencing circle is one process by which the sentencing judge can obtain a clearer picture of the offender and consider sentencing options other than the `usual punishment'. It is an opportunity for the offender to address the consequences of his or her actions and to seek the help of community and family. It is also an opportunity for the victim to be heard and to seek redress.<p>
Current sentencing practices and theory are briefly examined as they bear on sentencing circles. Issues which have arisen as a result of the implementation of sentencing circles in Saskatchewan are examined (where possible, within the context of Saskatchewan case law).<p>
The use of sentencing circles has raised questions about the current approach to sentencing as contrasted with the restorative approach of the circle. The restorative approach to justice is a recurring theme throughout the Thesis. The different approach of the sentencing circle to the offender and the involvement of the community in the sentencing process have raised questions about incarcerating offenders, about disparity in sentences, about the protection of the public, and about the role of the community, the family and victims in the sentencing and rehabilitative processes. These issues are examined.<p>
This Thesis has also attempted to draw some conclusions about the larger issue of where sentencing circles may be leading the justice system and the Canadian public. Is the sentencing circle merely an innovation within the justice system that can provide a more effective sentencing mechanism than the sentencing hearing? Or, is the sentencing circle leading Aboriginal peoples towards their own justice systems?<p>
The sentencing circle has forced an examination of current sentencing practices. This, in turn, has opened a window of opportunity to do some serious re-evaluation of the existing sentencing process.
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'The prodigal child': a legal inquiry into the mechanisms for the rehabilitation and reintegration of juvenile detainees: lessons from MauritiusAtim, Patricia P’Odong January 2009 (has links)
Investigates to which extent the Mauritius government programmes and policies address the need for reform and reintegration of juvenile detainees.
The specific objectives of the author are: a) To layout the normative content of both the international and regional legal framework on the reform and reintegration of juvenile detainees. b) To establish to what extent the government of Mauritius has adopted and implemented legislation, policies and practical programmes in the Juvenile Justice System (JJS) that are in conformity with the international principles on JJS and secure successful rehabilitation and reintegration of juveniles in detention. c) To identify the challenges faced by stakeholders in implementing the relevant programmes and d) To suggest steps that can be taken by both Mauritius and other African governments to transform the JJS to guarantee rehabilitation and reintegration of juveniles. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
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The economics of imprisonment and offender supervision in Queensland: Costs and efficiency in the provision of corrective servicesEdwards, Glyn Francis Unknown Date (has links)
No description available.
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The economics of imprisonment and offender supervision in Queensland: Costs and efficiency in the provision of corrective servicesEdwards, Glyn Francis Unknown Date (has links)
No description available.
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The trajectory of sex offenders through the Lebanese criminal justice system : a tale of human rights violationsBaz, Shereen January 2016 (has links)
This study aims to examine the trajectory of sex offenders through the Lebanese criminal justice system while highlighting various human rights violations. It attempts to fill in the gaps within the literature through building on the existing research and by examining the processes and experiences of arrest, detention, court, prison and release. Recently, numerous scholars have argued that most criminal justice systems are following a popular punitive trend rather than focusing on rehabilitation. This study through its focus on human rights violations, participants attitudes and beliefs as well as issues of rehabilitation and treatment of prisoners firmly places Lebanon within the global trend of popular punitiveness. Seventy-three interviews were carried out with sex offenders, police officers, prison guards, judges and lawyers within Lebanon. These qualitative interviews captured criminal justice professionals and offenders experiences, attitudes and perceptions surrounding sex offending and the criminal justice system. The thematic analysis of the interviews specifically focused on uncovering how sex offenders moved through and were dealt with by the Lebanese criminal justice system. Human rights violations were found to be abundant at the various stages of the criminal justice system. Participants highlighted events such as the excessive use of torture within police stations as well as prisons, the use of forced confessions, and the lack of legal representation. Numerous factors were found to play a role in conceding the copious violations of sex offenders rights occurring at the various stages of the criminal justice system. These factors included corruption, the lack of accountability, police culture, the commonly held belief that offenders are undeserving of human rights, the lack of training, and religion. In investigating the structure and the functioning of the criminal justice system, it became evident that religion played a vital role. Religion dictated professionals positions within the criminal justice system and influenced participants beliefs and attitudes surrounding sex offenders. Because of its influence, religion played a vital role in paving the way for the re-occurrence of human right violations. For example, religion granted the criminalisation of homosexuality and the act of de-virginizing as well as legalising marital rape, all of which result in human rights violations. In order to move Lebanon, and other punitive countries, towards a more rehabilitative criminal justice approach, this study highlights the importance of training, change in legislation, as well as the separation of religion from law.
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Nestátní právní systémy a pluralismus práva / Non state justice systems & pluralism of lawIvančo, Alex January 2017 (has links)
The theme of this thesis is the assessment of the prerequisites for the pluralism of law and non-state justice systems to improve the possibilities of solving disputes in society. The main research question is whether non-state justice systems fulfil a social role in providing justice. The thesis should offer a descriptive analysis of the concept of legal pluralism and methodological procedures for the inclusion of non-state justice systems in the state. The outcome of the work should be an overview of the possibilities of interaction between different legal systems, whether formal or customary, of the different ways of resolving disputes in this environment, and of the contribution of such proposals to the reform of the legal environment that count on the real situation in society. The thesis of procedural pluralism and participatory methods of solving disputes that have a user, a citizen in the center of these systems is offered as a starting point for new designs. The final part of the work will therefore explore current approaches to improving legal systems that aim to increase participation of user based on their needs, and will include some cases for comparing individual programs to improve legal systems.
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