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Article

International Criminal Justice is a controversial concept, and there is a burgeoning body of literature on its exact contours. Understood broadly, the term “international criminal justice” covers a broad category, integrating international criminal law (ICL) within an overarching interdisciplinary enterprise also “incorporating philosophical, historical, political and international relations, sociological, anthropological and criminological perspectives” (Roberts, 2007). International criminal law consists, at its core, of a combination of criminal law and public international law principles. The idea of individual criminal responsibility and the concept of prosecuting an individual for a specific (macrocriminal) act are derived from criminal law, while the classical (Nuremberg) offenses form part of (public) international law and thus the respective conduct is directly punishable under ICL (principle of direct individual criminal responsibility in public international law). The dualistic base of international criminal law is also reflected in the reading of the mandates of the international criminal tribunals; one can either take a “security, peace, and human rights”–oriented approach or a “criminal justice”–oriented approach, either of which may entail a paradoxical goal or purpose ambiguity of international criminal law. In any case, the strong grounding in criminal law, together with the actual enforcement of international criminal law by way of international criminal proceedings and trials, converts international criminal law into criminal law on a supranational level and thus entails the full application of the well-known principles of liberal, post-enlightenment criminal law, in particular the principles of legality, culpability, and fairness. These principles constitute the minimum standard of any criminal justice system based on the rule of law and thus must also apply in an international criminal justice system. The adoption of the Rome Statute of the International Criminal Court (ICC) in 1998 and the effective establishment of the Court in 2002 have led to an institutionalization of international criminal law, turning the page on ad hoc imposition in favor of a treaty-based universal system. In addition, the Rome Statute provides for the first codification of international criminal law, with a potentially universal reach. Therewith, international criminal law was not only united into a single penal system of the international community, but it was also extended beyond its fundamental core areas of substantive and procedural law into other branches of criminal law (law of sanctions, enforcement of sentences, and judicial assistance).

Article

Victim participation in common law has evolved across history and jurisdictions. Historical developments within conceptions of crime, harms, and victims in common law as well as the different victims’ movements provide an understanding of the ways that victim participation has been shaped in more-recent common law criminal justice systems. Victim participation in the criminal legal process has also given rise to various debates, which suggests that providing active forms of engagement to victims remains controversial. The forms of victim participation are also diverse, and the literature has provided typologies of victim participation. Forms of participation also vary across jurisdictions and the different stages of the criminal justice process, including prosecutorial decisions, pretrial and trial proceedings, sentencing, parole, and clemency. Finally, research that focuses on victim participation in legal traditions beyond the common law would provide an additional and important contribution to the field.

Article

Julie Schroeder and Bridgette Harris

Drug courts were developed to facilitate treatment for criminal offenders with substance abuse problems. Drug courts operate using dual paradigms of healing and discipline via treatment, social service resources, and case management for healing, and judicial sanctions and criminal justice interventions in efforts to initiate change resulting in sobriety and no further criminal behavior. The key goals of most drug courts are to reduce drug use and associated criminal behavior by engaging and retaining drug-involved offenders in programs and treatment services; to concentrate expertise about drug cases into a single courtroom; to address other defendant needs through clinical assessment and effective case management; and to free judicial, prosecutorial and public defense resources for adjudicating non-drug cases. It is vital that social work students be introduced to drug courts and how they function for students to gain better understanding of how addiction can bring their clients into contact with the criminal justice system. Drug courts are ideal settings for internship placements so that students can get hands-on experience in a court setting and assist clients using a therapeutic jurisprudence model.

Article

This entry on the adult court system in the United States discusses the foundation, structure, and authority of courts at federal, state, and local levels. The role of criminal courts, the nature of an adversarial justice system, the plea bargaining process, and the goals of sentencing are described. Innovations such as specialized courts, restorative justice approaches, and therapeutic jurisprudence are presented. Finally, several social work roles in the court system are identified.

Article

George T. Patterson

Police social workers are professionally trained social workers or individuals with related academic degrees employed within police departments or social service agencies who receive referrals primarily from police officers. Their primary functions are to provide direct services such as crisis counseling and mediation to individuals and families experiencing social problems such as mental illness, alcohol and substance use and abuse, domestic violence, and child abuse, among others. Additional functions of police social workers include training police officers in stress management, mental illness, substance abuse, domestic violence, and child abuse; providing consultation to police officers; and counseling police officers and their families.

Article

Janet Chan

Internet and telecommunications, ubiquitous sensing devices, and advances in data storage and analytic capacities have heralded the age of Big Data, where the volume, velocity, and variety of data not only promise new opportunities for the harvesting of information, but also threaten to overload existing resources for making sense of this information. The use of Big Data technology for criminal justice and crime control is a relatively new development. Big Data technology has overlapped with criminology in two main areas: (a) Big Data is used as a type of data in criminological research, and (b) Big Data analytics is employed as a predictive tool to guide criminal justice decisions and strategies. Much of the debate about Big Data in criminology is concerned with legitimacy, including privacy, accountability, transparency, and fairness. Big Data is often made accessible through data visualization. Big Data visualization is a performance that simultaneously masks the power of commercial and governmental surveillance and renders information political. The production of visuality operates in an economy of attention. In crime control enterprises, future uncertainties can be masked by affective triggers that create an atmosphere of risk and suspicion. There have also been efforts to mobilize data to expose harms and injustices and garner support for resistance. While Big Data and visuality can perform affective modulation in the race for attention, the impact of data visualization is not always predictable. By removing the visibility of real people or events and by aestheticizing representations of tragedies, data visualization may achieve further distancing and deadening of conscience in situations where graphic photographic images might at least garner initial emotional impact.

Article

Dark tourism researchers who examine sites of death, suffering, and despair have generated a significant amount of research over the past two decades. Different ways of conducting dark tourism research are emerging. These include studies oriented toward making sense of the supply and demand for such excursions, and research that explores how cultural meanings are negotiated at these destinations. There are also critiques of the wide-ranging application of the dark tourism concept, which has led some scholars to argue that it is analytically imprecise. New directions for future dark tourism research have also been proposed, including a call to shift away from discipline-centered analyses. Engaging with these developments, we suggest that the future direction of dark tourism research should involve grounding such studies in the concerns and insights offered in specific social science disciplines, including criminology and criminal justice studies among others, to add focus and precision to cross-disciplinary debates. To do so we draw from the emergence and development of penal tourism research, which examines how cultural representations of penality shape and are shaped by the practice of punishment in given societies. Since penal tourism research tends to focus on prison museums, we propose future directions for the study of this phenomenon rooted in criminological concerns for understanding how penal meaning making, including definitions of acts that are criminalized and what constitutes (in)justice, takes place in other sites of punishment memorialization including police and courthouse museums. Other future research directions include studying sites that memorialize corporate and state harms.

Article

Stephen T. Holmes, Ross Wolf, and Bryan M. Holmes

Private and public policing agencies share a rich history. Each was set up, designed, and organized to address specific problems, whether street crime or corporate security. Each organization type has its strengths and weaknesses depending on its environment and the types of duties assigned. However, it is only in the early 21st century that city government actors have begun to look at private police agencies as a way to supplement traditional policing services at a lower cost. The extant literature is replete with articles detailing the scope, nature, and legal authority of private police agencies, but little real-world experimentation has been done where private police agencies have been used to supplement police services in diverse high-crime neighborhoods. This article examines the history of both public and private police agencies and then details the results of an experiment in Orange County, Florida, where the sheriff contracted with one of the world’s largest private police agencies to patrol and provide additional police services to two communities in need. The results can be generalized to communities that are most in need of police services.

Article

Sadye L. M. Logan

Kenneth Stephen Carpenter (1924–2018) served for 55 years in the field of criminal justice. He pioneered in introducing social-work principles, programs, and practices in juvenile and adult criminal institutions and settings.

Article

Racially demeaning representations of persons of Latin American origin, also known as Latinas/os or the more gender inclusive Latinx, as criminally inclined can be found throughout US literature—broadly defined in this article to include laws, fiction and nonfiction, news stories, as well as movie, television, and theatrical scripts. Rooted in a history of conquests, hemispheric domination, and an expansionist ideology premised on the myth of Anglo-American racial superiority, this literature promotes the idea that Latinx populations are racially alien and inferior. These depictions involve negative stereotypes depicting Latinxs as criminals. For instance, in the period following the US war against Mexico through which the United States wrested half of Mexico’s land base by 1848, popular novels about the post-conquest era typically depicted Anglo-American settler colonialists as noble and heroic, while persons of Mexican ancestry were commonly portrayed as bandidos (bandits) and denigrated as “greasers”—shiftless, deceitful criminal threats to white society. Mexican women were typecast as devious “halfbreed harlots.” Mexicans, Puerto Ricans, Cubans, and Colombians and other groups of people of Latin American descent continue to be portrayed as innately criminal in novels, newspapers, movies, and other media, whether it be as greasers, pachucos, knife-wielding gang members, or drug traffickers. These abject characterizations are a recurring trope in some of the most popular and iconic works of fiction and entertainment media. Even in popular social science literature—from the controversial 1960s “culture of poverty” to the discredited 1990s “superpredators” theory—deviance, depravity, and criminality are presented as being at the core of Latinx nature and the problems their communities face. Since the late 1970s, a range of writers, scholars, activists, and organizations have sought to present a counter-discourse to these ubiquitous dehumanizing and demeaning caricatures. Often equipped with empirical data and social scientific analyses, a more accurate account of the lives of Latinx persons in relation to criminal justice issues in the United States has been emerging. These efforts notwithstanding, racist and negative narratives associating Latinxs with illicit drug cartel operations and other criminal activity endure, influencing and distorting the public discourse and the perceptions about Latinx communities in contemporary US society.

Article

Aaron Fichtelberg

One the most dramatic development in international law in the 20th century was the formation of international criminal tribunals. Unlike conventional international tribunals, such as the International Court of Justice and the Permanent Court of Arbitration, international criminal tribunals—such as the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Military Tribunal at Nuremberg—are a controversial element of international law and international politics. Precisely because they are aimed at individuals who act under color of law, such as military officials or heads of state, they invoke a number of political challenges. Their combination of international law, human rights, criminal justice, and hotly disputed facts of great moral gravity makes them a subject of intense debate among academics, government officials, and the public at large. Much of the scholarship on international tribunals can be summed up by three periods: pre-Nuremberg, Nuremberg, and post-Cold War developments. Each period reveals shifts in the way that international criminal tribunals were studied and conceptualized in the academic world. In the future, much of the scholarship on international tribunals is expected to be influenced by the impact that the actual tribunals themselves have on international politics.

Article

Juvenile justice is a technical term that refers to the specific area of law and affiliated institutions, most notably the juvenile court, with jurisdiction over the cases of minors who are accused of being miscreants. Although the idea that the law should treat minors differently from adults predates the American Revolution, juvenile justice itself is a Progressive Era invention. Its institutional legitimacy rests on the power and responsibility of the state to act as a parent (parens patriae) on behalf of those who cannot care for themselves. Since the establishment of the world’s first juvenile court in Chicago in 1899, this American idea of creating separate justice systems for juveniles has spread across the nation and much of the world. For more than a century, American states have used their juvenile justice systems to respond to youth crime and delinquency. Since the 1960s, the US Supreme Court has periodically considered whether juvenile courts must provide the same constitutional due process safeguards as adult criminal courts and whether juveniles prosecuted in the criminal justice system can receive the same sentences as adults, such as the death penalty or life without the possibility of parole.

Article

Sentencing is a complex task that involves judicial officers imposing sentences in the first instance and deciding appeals from those judges in certain circumstances. Both trial and appellate courts are usually invested with some discretion as to the nature and quantum of sentence that may be imposed. Appellate jurisdiction varies widely between countries reflecting disparate approaches to discretion, differences in the grounds of appeal, in the deference paid to trial judges and the role of prosecution in the appellate process. While most jurisdictions give defendants the right to appeal against sentence, they differ in the ability of prosecuting authorities to appeal against sentence. In some jurisdictions there is considerable asymmetry between defendants’ and prosecution’s appellate rights. Historically, defendants’ rights of appeal preceded, and have been more extensive those of the prosecution, and traditionally, the balance has been tilted in favor of defendants. However, in a number of jurisdictions, this imbalance has been questioned. The principal arguments against prosecution appeals have centered on the concept of double jeopardy, which has long applied in substantive criminal procedure. Since the early 1980s the analogy with substantive double jeopardy has been questioned or rejected as has the double jeopardy principle itself. Justifications for the principle such as the anxiety and distress suffered by the defendant, the need for finality, the possibility of double punishment, and the abuse of power have all been re-assessed. The case for equal or symmetrical rights rests on the basis that the law requires that error, whether in favor of the defendant or the prosecution, should be corrected as a matter of justice. A balanced appellate process can ensure consistency in, and the adequacy of, sentencing standards, provide guidance to sentencing judges, and increase victims’ and public confidence in the criminal justice system.

Article

Elise Sargeant, Julie Barkworth, and Natasha S. Madon

Fairness and equity are key concerns in modern liberal democracies. In step with this general trend, academics and practitioners have long been concerned with the fairness of procedures utilized by the criminal justice system. Definitions vary, but procedural justice is loosely defined as fair treatment and fair decision-making by authorities. In the criminal justice system, the procedural justice of authorities such as police officers, judicial officers, and correctional officers is evaluated by members of the public. Procedural justice in the criminal justice system is viewed as an end in and of itself, but it is also an opportunity to yield various outcomes including legitimacy, public compliance with the law, cooperation with criminal justice officials, and satisfaction with criminal justice proceedings and outcomes.

Article

Matthew Epperson, Julian Thompson, and Kelli E. Canada

This article discusses the emergence, structure, and purpose of the mental health court. It details the therapeutic aspects of the mental health court and its function as a specialized-treatment court serving persons with serious mental illnesses in the criminal justice system. Guiding themes, such as the criminalization of mental illness, therapeutic jurisprudence, and drug-treatment courts are described. It also identifies key legislation that contributed to the funding and proliferation of mental health courts. The effectiveness of mental health court, along with current criticisms regarding its impact on participants’ mental health and recidivism outcomes, are also covered. Last, social work values and the various roles of social workers in the mental health court are highlighted to demonstrate the relevance of mental health court to contemporary social work practice and intervention.

Article

In the 1840s, cheap mass-marketed newspapers raised the relationship among the media, crime, and criminal justice to a new level. The intervening history has only strengthened the bonds, and comprehending the nature of the media, crime, and justice relationship has become necessary for understanding contemporary crime and criminal justice policies. The backward law of media crime and criminal justice content, where the rarest real-world events become the most common media content, continues to operate. In the 21st century, the media present backward snapshots of crime and justice in dramatic, reshaped, and marketed narrow slices of the world. Media portraits emphasize rare crimes like homicide, rare courtroom procedures like trials, rare forensic evidence, and rare correctional events like riots and escapes to present a heavily skewed, unrealistic picture. Significantly exacerbating this long-term tendency are new social media. When the evolution of the media is examined, the trend has been toward the creation of a mediated experience that is indistinguishable from a real-world experience. Each step in the evolution of media brought the mediated experience and the actual personally experienced event closer. The world today is the most media-immersed age in history. The shift to new social media from the legacy media of the 20th century was a crucial turning point. The emergence of social media platforms has sped up what had been a slow evolutionary process. The technological ability of media to gather, recycle, and disseminate information has never been faster, and more crime-related media content is available to more people via more venues and in more formats than ever before. In this new mediated world, everyone is wedded to media in some fashion. Whether through the Internet, television, movies, music, video games, or multipurpose social media devices, exposure to media content is ubiquitous. Media provide a broadly shared, common knowledge of society that is independent of occupation, education, ethnicity, and social class. The cumulative result of this ongoing media evolution is that society has become a multimedia environment where content, particularly images, is ubiquitous in the media. Mediated events blot out actual ones, so that media renditions often supplant and conflict with what actually happened. This trend is particularly powerful in crime and justice, where news, entertainment, and advertising combine with new media to construct a largely unchallenged mediated crime and criminal justice reality. The most significant result is that, in this mediated reality, criminal justice policies are generated. What we believe about criminal justice and what we think ought to be done about crime are based on content that has been parsed, filtered, recast, and refined through electronic, digital, visually dominated, multimedia entities. Ironically, while the media are geared toward narrowcasting and the targeting of small, homogenous audiences, media content is constantly reformatted and looped to ultimately reach wide, multiple, and varied audiences. In the end, the media’s criminal justice role cannot be ignored. Until the linkages between media, crime, and justice are acknowledged and better understood, myopic and punitive criminal justice policies will be the norm.

Article

Priscilla Gibson

Albert R. Roberts (1944–2008), PhD, BCETS, DACFE, was a renowned professor and prolific writer. He taught at various universities for 35 years and wrote more than 250 journal articles and 38 books or book chapters.

Article

Social work and criminal justice have a shared history in the United States dating back to the 19th century when their combined focus was rehabilitation. But with an increase in crime, this focus shifted to punishment and incapacitation, and a schism resulted between social work and criminal justice. Given current mass incarceration and disparities in criminal justice, social work has returned in force to this important practice. The latest Bureau of Justice Statistics research reports that 1% of all adult males living in the United States were serving a prison sentence of a year or longer (Carson & Anderson, 2016) and rates of diversion, arrest, sentencing (including the death penalty), incarceration, etc., vary considerably by race/ethnicity (Nellis, 2016). This entry explores race and ethnicity, current population demographics, and criminal justice statistics/data analysis, plus theories and social work-specific strategies to address racial and ethnic disparities in the criminal justice system.

Article

Katherine van Wormer

This article defines restorative justice and describes the models most relevant to social work. These include victim–offender conferencing (sometimes incorrectly referred to as mediation), family group conferencing, healing circles, and community reparations. Restorative justice is an umbrella term for a victim-oriented method of righting a wrong, promoting healing following a conflict, including war, and/or providing a safety in the aftermath of violence (for example, child abuse). Such restorative strategies have their roots in the rituals of indigenous populations and modern-day religious practices, as stated by restorative justice pioneer, Howard Zehr. Restorative justice, as defined by the Social Work Dictionary is “a non-adversarial approach usually monitored by a trained professional who seeks to offer justice to the individual victim, the offender, and the community, all of whom have been harmed by a crime or other form of wrongdoing.” This emerging model for resolving conflict and/or righting a wrong focuses on repairing the harm done by an offense by involving the victim, the offender, and the community. This article identifies resources on restorative justice theories and strategies with special relevance to social workers and to mental health professionals, as well as school and correctional counselors. At the micro level, restorative justice is played out as conferencing between victims and offenders—for example, by way of family group conferences and healing circles. At the macro or societal level, restorative justice takes the form of reparations or truth commissions—to compensate for the harm that has been done, for example, when mass persecutions of people have taken place. The magnitude of the situations covered under the rubric of restorative justice ranges from interpersonal violence to school bullying to mass kidnappings to full-scale terrorism and warfare. Restorative justice refers not only to a number of strategies for resolving conflicts peacefully but also to a political campaign of sorts to advocate for the rights of victims and for compassionate treatment of offenders. Instead of incarceration, for example, the option of community service coupled with substance abuse treatment might be favored. From the offender’s standpoint, accountability and truth-telling are stressed, as the offender typically offers to make amends for the harm that was done. From the victim’s standpoint, a key theme is empowerment, through receiving an apology from the wrongdoer and receiving the support of caring participants.

Article

Historical study of crime, media, and popular culture has been underway since “the cultural turn” in the social sciences and humanities in the 1980s. Since then, a diverse literature has emerged presenting different theories, dealing with various time periods and topics, and challenging contemporary assumptions. Much of this work has focused on the press, because newspaper archives offer a familiar source for researchers accustomed to working with documents in libraries and because “moral panic” has provided a theory that can be easy moved from one time and place to another. However, crime, media, and popular culture presents a vast history and much of this has yet to be examined by criminologists. It includes broadcast radio, television, and feature films, as well as folklore, ballad and song, and theatrical performance, not to mention novels and stories. There has been enough historical research by specialists in literature, journalism history, film history, and other fields to demonstrate the value of historical research for criminology. But making to most of this history will require methodological innovation and theoretical development. To understand the history of crime, media, and popular culture, criminologists will need to move away from document-based historical research and toward digital forms of archived media. They will also need to develop theoretical perspectives beyond 1970s sociology.