Towards a new model of criminal justice system in the era of globalised criminality: the biggest challenges for criminal process legislation

The main objective of this thesis is the critical analysis of the evolution of the criminal justice systems throughout the past decade, with special attention to the fight against transnational terrorism. It is evident – for any observer - that such threats and the associated risk that terrorism entails, has changed significantly throughout the past decade. This perception has generated answers – many times radical ones – by States, as they have committed themselves to warrant the safety of their populations and to ease a growing sentiment of social panic. This thesis seeks to analyse the characteristics of this new threat and the responses that States have developed in the fight against terrorism since 9/11, which have questioned some of the essential principles and values in place in their own legal systems. In such sense, freedom and security are placed into perspective throughout the analysis of the specific antiterrorist legal reforms of five different States: Israel, Portugal, Spain, the United Kingdom and the United States of America. On the other hand, in light of those antiterrorist reforms, it will be questioned if it is possible to speak of the emergence of a new system of criminal justice (and of a process of a convergence between common law and civil law systems), built upon a control and preventive security framework, significantly different from traditional models. Finally, this research project has the fundamental objective to contribute to a better understanding on the economic, social and civilization costs of those legal reforms regarding human rights, the rule of law and democracy in modern States.

Criminal Justice Reforms in Northern Ireland: The Agents of Change

This chapter examines who and what brought about the transformation in the criminal justice system of Northern Ireland between 1998 and 2015, seeking to pinpoint the critical moments which stimulated the reforms, how they were delivered, and through what processes they are now being maintained. It seeks to identify the key agents of change and considers whether it is possible to generalise from Northern Ireland’s experience so that other conflicted societies might benefit from the lessons learned.

The administration of justice in Latin America.

Bibliography: p. [143]-156.

Report of the Department of Justice.

Mode of access: Internet.

The Federal role in the administration of justice : hearing held in Washington, D.C., September 16-17, 1980.

At head of title: Hearing before the United States Commission on Civil Rights.

NIJ reports : a selective notification of information program of the National Institute of Justice.

Produced under contract J-LEAA-013-81.

Trends and issues 89 : criminal and juvenile justice in Illinois : focus on drugs, AIDS, DUI.

"March 1989."--T.p. verso.

Observations on the criminal law of England : as it relates to capital punishments, and on the mode in which it is administered /

Includes bibliographical references.

A brief account of some of the most important proceedings in Parliament, relative to the defects in the administration of justice in the Court of Chancery, the House of Lords, and the Court of Commissioners of Bankrupt ; together with the opinions of different statesmen and lawyers, as to the remedies to be applied /

The "Erratum," one leaf following the Contents (p. [vii]-xi) is wrongly paged: (vii)

Contemporary comments: The limited benefit of prison in controlling crime

A number of recent developments in the United State (US), United Kingdom (UK) and Australia suggest that conditions may be ripe for a political shift in the reliance on escalating rates of imprisonment as a default criminal justice strategy for responding to crime. The default position is illustrated by the Yabsleyite response of former New South Wales (NSW) Premier Nathan Rees’s to questioning over the cost of prison building and NSW’s high recidivism rate: ‘[t]he advice to me is we have still got 500 cells empty, I don't mind if we fill them up, and if we fill them up and have to build another jail, we'll build another jail’ (Knox and Tadros 2008)...

Stolen past: Shattered futures, aboriginal justice in Canada

It is acknowledged that Canada's criminal justice system has some major flaws, particularly with respect to its application to various ethnic subgroups. Aboriginal Canadians are one subgroup particularly sensitive to the problems in the system as is reflected by their disproportionately high rates of criminality and incarceration. Over the past 50 years many programs have been developed and recommendations have been made to alleviate the tensions Aboriginals find within the system. However, the situation today is essentially the same. Aboriginals are still overrepresented within the system and solutions that have been brought forward have had little success in stemming their flow into the system. Blame for Aboriginal mistreatment in the system has been placed at all levels from line police officers to high-level officials and politicians and attempts to resolve problems continue as an on going process. However, many of the recommendations and reforms have revolved around culture conflict. Although this thesis recognizes the importance of culture conflict in the overrepresentation of Aboriginals within the Canadian criminal justice system, it has also recognized that culture conflict alone is not responsible for all the flaws within the system as it pertains to Aboriginals. This thesis is of the opinion that in order for reforms to the criminal justice system to be successful, the context in which the system is operating must also be considered. Variables such as geographic isolation, economic disparity and social/political stability are viewed as operating in conjunction with culture, ultimately influencing Aboriginal treatment within the system. The conclusions drawn from this study confirm that when these factors operate together, the overrepresentation of Aboriginals within the Canadian criminal justice system is inevitable. Thus all three variables, culture conflict (social/political stability being part), geographic isolation and economic disparity must be address within the system if any significant changes in the crime rates or incarceration rates of Aboriginals is to be expected. In addition, primary research indicated the influence of cooperation as a factor in moderating the effects of criminality; not just cooperation among Aboriginals and non-Aboriginals, but also cooperation among differing Aboriginal communities. It was argued that when all these issues are addressed, Aboriginal peoples in Canada will have the strength to repair their shattered futures.

Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem

There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.

Reauthorization of the independent counsel law : hearing before the Subcommittee on Oversight of Government Management of the Committee on Governmental Affairs, United States Senate, One Hundred Second Congress, second session, August 11, 1992.

Shipping list no: 93-0072-P.

Indexed legislative history of the "Juvenile justice amendments of 1977."

Mode of access: Internet.