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Chapter 3 is a critical genealogy which rests on a history of the global project’s trajectories in Bosnia and Herzegovina (BiH) to reevaluate contemporary conceptions of ‘Never Again’. It paints the picture of the material and ideational aspects of the transitional justice project in this country from the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993 to the myriad of measures of institutional and legal reform implemented by the international community actors present in BiH in the early 2000s. The chapter opens with a brief description of the dissolution of Yugoslavia and the war 1992–1995. It then illustrates the conflict resolution process and explains what kind of BiH was imagined in the 1995 Dayton Peace Agreement. Next, the chapter outlines a skeleton of transitional justice in this country to show that certain areas, such as criminal justice and institutional reform, have been significantly more developed than others, putting these developments into the context of the promises of neoliberal legalism. Finally, the chapter poses questions about the end of transitional justice in BiH.
This introductory chapter first outlines the aims and history of the international project on Core Concepts in Criminal Law and Criminal Justice. The aims have been inspired by the increasing globalisation of criminal law and criminal justice, which has led to a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. There is now a need to engage in a multi-jurisdictional and comparative conceptual analysis not provided by previous comparative projects, which typically focus on specific topics or issues. The chapter then provides an overview of the chapters in the volume, each of which aims to uncover underlying commonalities and differences, and to explore the scope for constructive assimilation or reform. Finally, the chapter comments on plans for the future.
This chapter deals with ‘intime conviction’ and ‘beyond a reasonable doubt’ as ways in which fact-finders (professional judges or lay juries) in criminal trials decide on the question of guilt. The ‘beyond a reasonable doubt’ standard is typically associated with the Anglo-American system of criminal justice, whereas intime conviction is a characteristic feature of Continental procedural systems. Both standards belong to the phase of the evaluation and assessment of evidence in the criminal trial procedure. The chapter considers the way in which the two systems have converged on essentially the same standard of proof but have taken different paths towards it, with parallel discussions taking place along the way. The chapter discusses the definition of the ‘beyond a reasonable doubt’ standard in detail and introduces several important questions that have arisen around the two standards, such as those concerning definition and application of the standards, and how such issues have been resolved in the two different systems, and notes a few significant remaining differences.
This paper explores the intersection of Nigerian criminology and the United Nations Sustainable Development Goals (SDGs), highlighting the opportunities and future directions for aligning criminological research, education and practice with global development priorities. While Nigeria faces complex challenges such as poverty, inequality, insecurity, gender-based violence, environmental degradation and ineffective justice institutions, criminologists have a vital role in finding sustainable solutions. This paper explores how specific SDGs, notably Goals 3, 4, 5, 8, 9, 11, 13 and 16, provide significant opportunities for criminological involvement, including crime prevention, youth empowerment, community safety and tackling cybercrime. It suggests that incorporating SDGs into criminology curricula, enhancing data collection, encouraging field research, shaping policy reforms and accessing global funding can greatly improve the impact and relevance of the discipline. By taking an interdisciplinary, culturally aware and community-focused approach, Nigerian criminologists can advocate for evidence-based reforms that confront both the immediate and underlying factors of crime and insecurity. The paper concludes that aligning Nigerian criminology with the SDGs offers a timely chance to bolster academic and policy relevance while also serving as a strategic avenue for promoting peace, justice and inclusive development in Nigeria.
The U.S. Supreme Court is often regarded as an impartial arbiter of justice, yet various prejudices may influence its decisions. This article examines Supreme Court justices’ biases, focusing on how they invoke racialized stereotypes of criminality. We argue that justices are more likely to vote in favor of white, nonviolent litigants, reinforcing stereotypes that depict nonwhite defendants as inherently more criminal and violent. Drawing on the U.S. Supreme Court Database’s criminal procedure cases from 2005–2017, combined with an original dataset of litigants’ racial identities, we estimate a series of multilevel logistic regressions. Our findings show that litigant race, crime type, and justice ideology jointly shape judicial votes. We further investigate how bias appears in justices’ written opinions, revealing language that perpetuates racialized conceptions of criminality. Overall, our results underscore the Court’s role in constructing what it means to be both “criminal” and “nonwhite,” suggesting that the Court is not a neutral interpreter of law, but an institution shaped by broader social and political biases.
Given how common portrayals of vigilantism are in history books, literature, cinema, television, and the popular press, it is surprising how little we know about the public’s attitudes and beliefs about the phenomena. While there is a fair amount of research by historians, political scientists, sociologists, and cultural anthropologists on various forms of vigilantism, only a limited number of psychological studies have explored people’s moral judgments about vigilantism in a controlled and systematic way. Our goal was to build upon the work that has been done by probing people’s moral, legal, and political judgments about what we call “retributive vigilantism” – that is, vigilante acts that are intended to give the deserved suffering to those who have harmed other people.
The chapter starts with an impasse in criminal justice theory between liberal normative and critical historical accounts to consider a new way of developing critique. This is based on the idea of human beings as metaphysical animals, that is, animals capable of thought and love. Starting with Bernard Williams’s account of the ‘peculiar’ nature of modern ethics, a moral psychology based on a naturalistic understanding of what human beings are would be a better way of thinking about what it means to violate or be violated by another. Basing our understanding of violation on what it means to be human takes us to ontology and to ontological critique as a pivotal moment in a sequence of four critiques, moving from immanent to explanatory to ontological and then to emancipatory. This provides the possibility of a further ethically real/ institutionally critical (ERIC) position which brings together ontological naturalism, ethical realism and institutional critique. How love was identified as the immanent starting point for the argument is explained. The upshot of this fivefold form of critique is a move in the course of the book away from punishment and towards what I call a deep or tendential abolitionist position.
This study examines the factors that influence the use of declination powers by U.S. Attorney Offices (USAO) in Indian Country (IC) cases. The research aims to shed light on the tribal law enforcement factors that influence the actions of USAOs in IC cases. The study utilizes the “National Caseload Data” to identify crimes that occurred in IC and whether the USAO declined to prosecute a case. The findings suggest tribes with larger law enforcement forces and external funding to improve their criminal justice system have significantly lower rates of declination. The study also examines the effects of the Tribal Law and Order Act (TLOA) on the rates of declination of IC cases. The findings suggest there are clear differences in these effects as a function of the passage of TLOA. Overall, this study contributes to the ongoing discourse on the challenges and opportunities in the criminal justice system in IC.
This article examines Bianca Lovado’s human rights complaints as the first trans woman transferred from a men’s to a women’s remand facility in British Columbia, Canada. Despite the initial transfer, upon re-arrest, Ms. Lovado was inconsistently placed in men’s and women’s facilities and was denied gender-affirming care between 2015 and 2019. Drawing on theories of biopolitical and queer/trans necropolitical governance, I conduct a thematic analysis of her five complaints against BC Corrections. The paper investigates how, despite human rights legislation protecting gender identity and expression, cisnormative sex-based correctional logics regulate trans prisoners. Building on Foucault’s institutions of power, I identify how cisnormative techniques of power led Ms. Lovado to face necropolitical violence via incorrect prison placement and denial of gender-affirming care. Analyzing how Ms. Lovado uses the tribunal to combat necropolitical violence, this paper illustrates the consequences of sex as an institution of power governing over gender, despite equal protections in Canadian law.
The varieties of capitalism thesis suggest high-income democracies cluster into distinct types, with complementarities between political, economic, and social institutions shaping long-run cross-national differences. Although featuring strongly in the comparative political economy and social policy literatures, criminal justice has received relatively little attention in this debate, but some have suggested penal policy variations map against varieties of capitalism ideal types. Using fuzzy-set qualitative comparative analysis – and data for 22 Organisation for Economic Co-operation and Development (OECD) countries over a 25-year period – we explore connections between cross-national differences in penal punitiveness and key institutional features identified in these debates. We find that the degree of punitiveness strongly overlaps with varieties of capitalism ideal types, arguing criminal justice regimes constitute a dimension of institutional complementarity in varieties of capitalism.
Indians experience violence at twice the rate of any other racial group in the United States. Violence against Indian women is particularly severe; in fact, Congress stated the rate of violence against Indian women has become an “epidemic.” Aside from its prevalence, violence against Indians is unique because, unlike other racial groups, the majority of crimes committed against Indians are perpetrated by non-Indians. The high rate of crimes against Indians is attributable to Indian country’s peculiar jurisdictional rules. Most notably, tribes cannot prosecute non-Indians. This limitation is not a product of the 1700s or 1800s; rather, it is a result of the Supreme Court’s 1978 decision in Oliphant v. Suquamish Indian Tribe. Oliphant has been widely critiqued in legal scholarship, but it remains the law. Jurisdictional limitations are compounded by Indian country’s geographic isolation, meaning tribes rely on law enforcement agents that are often located more than 100 miles away. Not only are state and federal law enforcement far away; they have little incentive to prioritize Indian country crime. Consequently, criminals have been known to target reservations.
North America's Indigenous inhabitants operated effective governments long before European arrival. Tribes built cities, developed laws, and participated in transcontinental trade networks. European arrival, however, brought many hardships for Indians. Although tribes were guaranteed the right to self-govern on reservations, the United States imposed severe restraints on tribal autonomy resulting in socioeconomic maladies, such as poverty and crime. Today, federal policies continue to inhibit tribal self-governance. As a result, tribes continue to suffer from these social ills. Becoming Nations Again argues empowering tribal governments is the key to solving tribal problems. It moves to liberate tribes from the antiquated regulations that apply only to tribal lands and allow tribes to exercise jurisdiction over all people on their land. Once this occurs, tribes will be free to implement their own laws and participate in the federalist system. This title is also available as Open Access on Cambridge Core.
The arrest and prosecution of Nissan executive Carlos Ghosn, together with his dramatic flight from Japan, have focused unprecedented attention on Japan's criminal justice system. This article employs comparison with the United States to examine issues in Japanese criminal justice highlighted by the Ghosn case. The criminal charges and procedures used in Ghosn's case illustrate several serious weaknesses in Japanese criminal justice—including the problems of prolonged detention and interrogation without a defense attorney that have been characterized as “hostage justice.” But in comparative perspective, the criminal justice systems in Japan and the U. S. have some striking similarities. Most notably, both systems rely on coercive means to obtain admissions of guilt, and both systems have high conviction rates. The American counterpart to Japan's use of high-pressure tactics to obtain confessions is a system of plea bargaining in which prosecutors use the threat of a large “trial tax” (a longer sentence for defendants who insist upon their right to a trial and are then convicted) to obtain guilty pleas. An apples-to-apples comparison also indicates that Japan's “99% conviction rate” is not the extreme outlier that it is often said to be. Commentary on Ghosn's case emphasized the weaknesses in Japanese criminal justice. Those weaknesses are real and important, but by many criteria, such as crime and incarceration rates, Japan outperforms the U.S. As for Ghosn's case in particular, this article explores four scenarios of what might have happened to him if his case had occurred in the U.S. It is not obvious that he would have fared better under American law, nor is it obvious that justice would have been better realized.
This chapter revisits the book’s central argument and conclusions from each chapter. It concludes that there has been substantial misunderstanding about core aspects of deterrence, which can be addressed by working from a comprehensive approach to theorizing deterrence and using this approach to guide and evaluate research. The chapter also concludes that most extant deterrence-based policies cannot and will not appreciably deter crime, and may even worsen it. The solution lies in policies grounded in stronger science built on better theory and research. Our sincere hope is that comprehensive deterrence theory (CDT) provides a helpful step in that direction.
This chapter discusses the centrality of deterrence to criminological theory and to policy, and then highlights critical shortcomings in classical deterrence theory. It points to critical problems that these shortcomings create, including incomplete or inaccurate understanding of deterrence and ineffective policy. The chapter then describes the motivation for the book, which is to advance theory and policy, the structure of the book, each of the chapters, and recommendations for sequences of chapters readers can follow to pursue their particular interests.
This chapter describes the origins of deterrence theory and problems with the overly narrow conceptualization of deterrence. It discusses the problems within the context of contemporary criminology and criminal justice policy. Many policies rest on weak or inaccurate understanding of deterrence, or are premised on research that has limited generalizability. One example: A great deal of criminal justice policy focuses only on punishment severity as a way of influencing deterrence, but one can increase deterrence in other ways, such as increasing the certainty of punishment or increasing the rewards of non-crime.
Intimate image abuse is a problem that is shared by many societies, and jurisdictions are learning from each other about how best to address this issue. In 2021 Hong Kong enacted four new intimate image abuse offences. Based on 15 semi-structured interviews with service providers and legal professionals, this study explores stakeholder perceptions of the effectiveness of the new offences in Hong Kong. Themes that emerged included why there was a need for specific offences, the impact that the new offences have had and whether further criminal law or non-criminal law reforms are necessary. A key finding from this research is that crafting offences to specifically target intimate image abuse is important to strengthen community awareness of the wrongfulness of intimate image abuse, enhance protection of victims and increase prosecutions. To be most effective, however, criminal law reform should be accompanied by holistic education and police training. Other non-criminal law reforms, such as working with providers and developing alternative complaints mechanisms, are also necessary to successfully combat intimate image abuse.
People with serious mental illness (SMI) are over-represented throughout the US criminal justice system. To address this issue, forensic assertive community treatment has recently emerged as a best-practice intervention. Also known as forensic ACT, ForACT, or most commonly as “FACT,” forensic assertive community treatment is an adaptation of the assertive community treatment (ACT) model. Unlike ACT, however, FACT is purposefully designed to prevent arrest and incarceration among people with SMI who have histories of involvement with the criminal justice system (i.e., “justice-involved” individuals). Although FACT was recognized as a best practice by the Substance Abuse and Mental Health Services Administration (SAMHSA) in 2019, FACT teams vary widely in their structure and daily operations. This lack of a standard FACT model continues to impede FACT program implementation and outcomes research. This article begins with a review of FACT origins, followed by a discussion of what we know (and do not know) about FACT operation and effectiveness. Based on the authors’ experience, the article then discusses key components of FACT and concludes with a discussion of current challenges and research recommendations for FACT model development.
A vast body of work investigates the consequences of legislative term limits for public policy. However, considerably less research has delved into their effects in noneconomic policy domains. In this article, we develop the argument that implemented term limits increase the effect that a state government’s ideology has on the state’s incarceration rate. When analyzing incarceration rates among all states between 1979 and 2017, we find evidence to support our theoretical expectation. Specifically, for states with term limits, we find that an increase in state government conservatism is associated with a higher incarceration rate. Conversely, for non-term-limited states, we find that the policy preferences of the state government have little influence on the incarceration rate. These findings deepen our insight into how institutional design can affect public policy.
Although expressivism has been studied in relation to criminal justice since the emergence of modern international criminal law, an expressivist perspective in norms and criminal justice research resurfaced in the past decades, inviting a new viewpoint on the dynamic interplay between norms and symbolic action in International Relations (IR). Situated as an account of punishment, expressivism has been criticised for being too abstract and lacking an immanent meaning or for its dialectic position in relation to punishment. Addressing this theoretical shortcoming, this article remediates our understanding of expressivism, establishing new knowledge of the meaning of norm expressivism in IR and clarifying the relationship between expressivism and notions of punishment in criminal justice and norm research. To this end, it hermeneutically deconstructs the rhetoric of country delegates at the United Nations in the aftermath of Russia’s full-scale invasion of Ukraine. It examines crucial examples of expressivism: disagreement pronouncements, denunciation of norm violation, postulation of guilt, and penal analogies. While criminal justice research posits expressivism as a distinct account of punishment, the novelty of this article consists in illustrating how, even in the absence of prosecution in the courtroom, expressivist rationales can have a reinforcing effect on the international legal order.