Showing papers in "Criminal Justice Review in 1989"
TL;DR: The American and Chinese approaches to social control offer two fundamentally different philosophical and experiential perspectives as discussed by the authors, and while the rights of the individual are of paramount importance i.e.,
Abstract: The American and Chinese approaches to social control offer two fundamentally different philosophical and experiential perspectives. While the rights of the individual are of paramount importance i...
111 citations
TL;DR: In this article, the available literature is reviewed under three aspects: 1) are immigrant youths subject to differential treatment by the police, prosecutors, or courts? 2) Are they disproportionately involved in crime and delinquency, compared to the native-born youths? 3) What are the factors that favor delinquent involvement among young immigrants?
Abstract: Since World War II, and particularly since the 1960s, there has been considerable migration from southern to northern Europe. As a result, a substantial second generation of young immigrants has emerged that has received considerable attention from criminologists in many countries over the last ten years. In this paper, the available literature is reviewed under three aspects: 1) Are immigrant youths subject to differential treatment by the police, prosecutors, or courts? 2) Are they disproportionately involved in crime and delinquency, compared to the native-born youths? 3) What are the factors that favor delinquent involvement among young immigrants? The evidence reviewed does not allow a satisfactory answer to these questions in light of existing methodological problems and inadequacy of data. It does suggest two things, however. The overrepresentation of young immigrants in the police statistics of many countries is not the result of discrimination against them; rather, some segments among the immigra...
40 citations
TL;DR: In this paper, the authors examine the differences between the two countries and conclude that many of the practical incentives to privatization which exist in the United States are absent in Britain, and so too are some of the legal protections which prisoners in American private jails enjoy.
Abstract: The building and management of penal institutions by private corporations has been adopted by governments in both the United States and Britain as a possible solution to the problems of their overburdened prison systems. British advocates of privatization have looked to the United States to demonstrate the success of privatization, but they have seriously distorted the evidence and have paid scant attention to the constitutional, administrative, and political differences between the two countries. The authors examine these differences and conclude that many of the practical incentives to privatization which exist in the United States are absent in Britain, and so too are some of the legal protections which prisoners in American private jails enjoy.While not advocating the privatization of penal institutions in either country, the authors are critical of those opponents of privatization, particularly in Britain, who assert that there is, or should be, a fixed relationship between the state and the penal sy...
16 citations
8 citations
TL;DR: In the United States, and in Western nations generally, interpretation of constitutional provisions and statutes is considered to be the essence of the judicial function as mentioned in this paper. But in the People's Republic of China, interpreting constitutional provisions is considered a secondary task.
Abstract: In the United States, and in Western nations generally, interpretation of constitutional provisions and statutes is considered to be the essence of the judicial function. In the People's Republic o...
7 citations
TL;DR: In this article, the authors identify the boundaries of the juvenile justice system with those of other components of the justice system and attempt to explain how the net-widening has occurred in Japan.
Abstract: The phenomenon of net-widening was identified by American scholars carrying out research for the evaluation of diversion programs in the American juvenile justice system. The phenomenon, however, can occur independent of diversion programs. This paper emphasizes that, when assessing the net-widening or the net-narrowing of the juvenile justice system, researchers should compare the boundaries of the juvenile justice system with those of other components of the justice system. By identifying the boundaries, one can attempt to explain how the net-widening of the juvenile justice system has occurred in Japan.
6 citations
TL;DR: One area in which the National Park Service has had to assume a major new role is in law enforcement as discussed by the authors, and the work in this paper is an example of such an area.
Abstract: The duties of the National Park Service have grown dramatically since its creation in 1916. One area in which the Park Service has had to assume a major new role is in law enforcement. This paper a...
6 citations
TL;DR: In this article, the authors analyze the 1980 Bail Act in Scotland, which abolished the use of money bail, and relate it to some instances in the American bail reform literature, and explore the problem of increasing bail equity while maintaining flexibility.
Abstract: This article analyzes the 1980 Bail Act in Scotland, which abolished the use of money bail, and relates it to some instances in the American bail reform literature. The following areas are explored: What equity problems did Scotland encounter, with her traditional money-over-the-counter bail system, that led to the passage of the 1980 act? How do the 1980 act and the court decisions interpreting it balance the needs of protecting defendants' rights and protecting the safety of the community? What are the implications of attempting such a balance act in a system that does not use money bail? The article uses the Scottish experience to suggest limitations on the role that deposit bonds can have in fostering equity in American bail and to explore the problem of increasing bail equity while maintaining flexibility.
3 citations
3 citations
TL;DR: Wang et al. as mentioned in this paper trace the development of this legislation from 1914 to the present, showing how the violations involved have reflected the concerns of the government of the time, and demonstrate that even as police have been given the right to inflict harsher punishments, they have also been subjected to greater accountability and control.
Abstract: Since 1914, China has had legislation permitting the police to punish minor violations administratively, that is, without obtaining a judgment of guilt from a court; penalties include fines and short periods of detention. This article traces the development of this legislation from 1914 to the present, showing how the violations involved have reflected the concerns of the government of the time. It demonstrates that, even as police have been given the right to inflict harsher punishments, they have also been subjected to greater accountability and control.
2 citations