Mainstream and Crosscurrents, Second Edition Chapter 16 Present and Emerging Trends: The Future of...

Mainstream and Crosscurrents, Second Edition

Chapter 16Chapter 16

Present and Emerging Trends: The Present and Emerging Trends: The Future of Criminal JusticeFuture of Criminal Justice

Criminal Justice: Mainstream and Crosscurrents, 2/eJohn Randolph Fuller

© 2010 Pearson Higher Education,Upper Saddle River, NJ 07458. • All Rights Reserved.2

War and peace in the criminal justice system

The wars on crime and drugs

The Bill of Rights, along with a long history of court cases interpreting the meanings of the framers of the Constitution, have greatly limited what the criminal justice system can and cannot do in pursuit of lawbreakers.



Under normal circumstances, the goals and targets of the military and the police do not intersect.

The war on terrorism has changed this.


The war on terrorism





Differences between the war on terrorism and other social problems …



The war on terrorism has a clear and identifiable outside enemy.

The war on terrorism is political rather than social.

The war on terrorism uses military weapons.





An outside terrorist enemy does not enjoy US legal protections.

Terrorists firmly believe their cause is just.






The Effects of September 11

Contributing issues …

Airport security

Passengers' response

Rights of aliens




The Patriot Act

Gives the government greater latitude over a broad range of concerns that specify the rights of citizens, aliens, and government agents.



CrossCurrents The War on Terrorism

Legal rights at Guantanamo Bay

Those captured on the battlefield in Afghanistan and Iraq have not been allowed rights normally given to prisoners of war or US citizens.

By housing these individuals at Guantanamo Bay suspected terrorists are prevented from challenging the reasons and conditions of their confinement.



The Patriot Act

Department of Homeland Security

Meant to ensure that government agencies were allied to combat terrorism

The FBI and CIA remain independent.





The Patriot Act

Privacy issues

Judicial review

The Crime Control and Safe Streets Act of 1968 and the Foreign Intelligence Surveillance Act of 1978 limit the government's ability to conduct domestic surveillance.

The Patriot Act can be used on the local level.



The Patriot Act

Privacy issues

Secret searches

The Patriot Act authorizes government agents to search homes and property without prior or subsequent notification that the residence has been searched.




How terrorism is changing the criminal justice system

Unfunded mandates

Local governments have had to develop contingency plans and need money to fund these new duties.



Increased capacity The criminal justice system has

moved to the head of the line in the allocation of government resources.

Local systems are receiving personnel positions, weapons, and other equipment.


How terrorism is changing the criminal justice system



Peacemaking criminology and restorative justice

Religious and humanist tradition Feminist tradition Critical traditions The peacemaking pyramid Restorative justice



Crosscurrents Peacemaking Criminology& Restorative Justice

Paying for the death penalty

Housing death penalty inmates is expensive in California.

The state has executed only 13 inmates

in 30 years. Numerous legal and ethical problems



Peacemaking criminology and restorative justice

Peacemaking criminology is not a new concept. Many of its principles, such as social justice, nonviolence, and rehabilitation have been advocated for centuries.



Peacemaking criminology & restorative justice

Religious & humanist traditions

Religion can be transformative.

Religious perspectives encompass principles important to peacemaking.

Humanism stresses a moral life.




Feminist tradition

Feminism advocates a criminal justice system that is blind toward sex and in which women and men are treated with respect, equal opportunities and consequences, and fairness.




Critical traditions

Marx and false consciousness

Age

Peacemaking & the criminal justice system in context






Critical traditions

The peacemaking perspective applies to four levels of analysis …

Intrapersonal

Interpersonal

Societal and institutional

International and global

Peacemaking pyramid






The peacemaking pyramid

Nonviolence: Defensive violence must be proportional, used as a last resort, and continually evaluated.

Social justice: A system that merely reinforces the power wielded by those who enact and enforce the laws does not serve the best interests of all citizens.





Inclusion: Requires the cooperation, counsel, and commitment of all affected parties.

Correct means: A good solution to the problems of crime can only be attained by process that embody peacemaking principles.





Ascertainable criteria: Everyone involved should understand the rules and procedures employed by the criminal justice system.

Categorical imperative: "Act only according to the maxim whereby you can at the same time will that is should become a universal law."




Restorative justice

A way to apply peacemaking criminology to the criminal justice system and to the community.

The criminal justice system is but a small part of society's response to crime.




Restorative justice

Restorative justice practices should involve the community.

Establish programs that respond to some of the underlying conditions that contribute to crime




Restorative justice

Programs

Victim-offender reconciliation programs

Family group conferencing

Victim-offender panels



Crosscurrents Peacemaking Criminology& Restorative Justice

The downside of restorative justice

Due process The guise of neutrality Individuality Connections to the community



QuestionsQuestions

How is terrorism changing the mission of the criminal justice system?

What are some of the differences between the war on terrorism and other social problems?

What traditions contribute to peacemaking criminology?

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Mainstream and Crosscurrents, Second Edition Chapter 16 Present and Emerging Trends: The Future of...

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