CHRISTOPHER McCRUDDEN
- Published in print:
- 2001
- Published Online:
- March 2012
- ISBN:
- 9780199246038
- eISBN:
- 9780191697531
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199246038.003.0008
- Subject:
- Law, Human Rights and Immigration
This chapter considers how far there are international or European legal norms that require, or recommend to, national authorities particular approaches to racial discrimination. It considers what ...
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This chapter considers how far there are international or European legal norms that require, or recommend to, national authorities particular approaches to racial discrimination. It considers what guidance the international community and European regional bodies give to national authorities as to the enforcement institutions and remedies that are appropriately provided at the national level to counter racial discrimination within that country. It argues that there is a close connection between the function attributed to anti-discrimination law and the enforcement institutions that are thought to be appropriate and effective. It sketches out three models attached to the developing conceptions of equality, and demonstrates how they relate to different enforcement and remedial structures. The three models are the individual justice model, group justice model, and ‘participative model’.Less
This chapter considers how far there are international or European legal norms that require, or recommend to, national authorities particular approaches to racial discrimination. It considers what guidance the international community and European regional bodies give to national authorities as to the enforcement institutions and remedies that are appropriately provided at the national level to counter racial discrimination within that country. It argues that there is a close connection between the function attributed to anti-discrimination law and the enforcement institutions that are thought to be appropriate and effective. It sketches out three models attached to the developing conceptions of equality, and demonstrates how they relate to different enforcement and remedial structures. The three models are the individual justice model, group justice model, and ‘participative model’.
Francis Wing-lin Lee
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9789888028801
- eISBN:
- 9789882207226
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888028801.003.0011
- Subject:
- Society and Culture, Asian Studies
Justice systems vary across different societies and they depend on accepted paradigms and theories regarding the causes of youth crime. While the accepted paradigm is used as a lens for viewing a ...
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Justice systems vary across different societies and they depend on accepted paradigms and theories regarding the causes of youth crime. While the accepted paradigm is used as a lens for viewing a problem and as a framework for formulating a possible solution, conventional youth crime paradigms and the corresponding punishments are perceived to be one-dimensional since focus is given only to rehabilitative or retributive offenders. The rehabilitative paradigm adopts a deterministic view in providing treatment for individual offenders through analyzing the needs and problems of the offender. In contrast, the retributive paradigm condemns offenders. This perceives the crime as the individual's personal choice, intervention is intended to cause fear to deter deviance. This chapter looks into ways of dealing with youth crime in Hong Kong through looking at juvenile justice models.Less
Justice systems vary across different societies and they depend on accepted paradigms and theories regarding the causes of youth crime. While the accepted paradigm is used as a lens for viewing a problem and as a framework for formulating a possible solution, conventional youth crime paradigms and the corresponding punishments are perceived to be one-dimensional since focus is given only to rehabilitative or retributive offenders. The rehabilitative paradigm adopts a deterministic view in providing treatment for individual offenders through analyzing the needs and problems of the offender. In contrast, the retributive paradigm condemns offenders. This perceives the crime as the individual's personal choice, intervention is intended to cause fear to deter deviance. This chapter looks into ways of dealing with youth crime in Hong Kong through looking at juvenile justice models.
Harry Brighouse and Michael McPherson (eds)
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780226259345
- eISBN:
- 9780226259512
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226259512.001.0001
- Subject:
- Education, Higher Education
The book is a collection of essays about ethical issues arising in selective higher education. The chapters, all by distinguished scholars, including one eminent university president, address the ...
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The book is a collection of essays about ethical issues arising in selective higher education. The chapters, all by distinguished scholars, including one eminent university president, address the following issues: what are the proper aims of the university and what role do the liberal arts play in fulfilling those aims?: what is the justification of the humanities; how should we conceive of critical reflection, and how should we teach it to our students?; how should professors approach their intellectual relationship with their students?; how should academics approach the problems raised by social epistemology (like the novice-expert problem) in their curriculum design and pedagogical practices?; what obligations do elite institutions have to correct for the contribution they have made, over time, to racial inequality?; and how can the university serve as a model of justice for its students? It concludes with a brief essay suggesting further avenues for research.Less
The book is a collection of essays about ethical issues arising in selective higher education. The chapters, all by distinguished scholars, including one eminent university president, address the following issues: what are the proper aims of the university and what role do the liberal arts play in fulfilling those aims?: what is the justification of the humanities; how should we conceive of critical reflection, and how should we teach it to our students?; how should professors approach their intellectual relationship with their students?; how should academics approach the problems raised by social epistemology (like the novice-expert problem) in their curriculum design and pedagogical practices?; what obligations do elite institutions have to correct for the contribution they have made, over time, to racial inequality?; and how can the university serve as a model of justice for its students? It concludes with a brief essay suggesting further avenues for research.
Barry C. Feld
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814727775
- eISBN:
- 9780814770467
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814727775.003.0005
- Subject:
- Sociology, Law, Crime and Deviance
This chapter describes how juveniles respond to police tactics during interrogations and their attitudes in the interrogation room. It analyzes their demeanor, how their attitude determined whether ...
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This chapter describes how juveniles respond to police tactics during interrogations and their attitudes in the interrogation room. It analyzes their demeanor, how their attitude determined whether they cooperated or resisted, the evidentiary value of statements, and the length of interrogations. It examines how often police obtain confessions, admissions, or denials, and leads to other evidence. It also investigates how juveniles' decision to waive or invoke Miranda affects case processing—offense level at conviction, charge reduction, and sentence. The criminal and juvenile justice systems rely heavily on plea bargains, and youths' admissions affect the balance of advantage between prosecutors and defense lawyers. The relationship between confessions and pleas highlights the Crime Control model of justice with one critical difference. Although police interrogation involves an informal, administrative inquiry, in Minnesota it is a proceeding “on the record.” This led the state to convict more juveniles who waived Miranda.Less
This chapter describes how juveniles respond to police tactics during interrogations and their attitudes in the interrogation room. It analyzes their demeanor, how their attitude determined whether they cooperated or resisted, the evidentiary value of statements, and the length of interrogations. It examines how often police obtain confessions, admissions, or denials, and leads to other evidence. It also investigates how juveniles' decision to waive or invoke Miranda affects case processing—offense level at conviction, charge reduction, and sentence. The criminal and juvenile justice systems rely heavily on plea bargains, and youths' admissions affect the balance of advantage between prosecutors and defense lawyers. The relationship between confessions and pleas highlights the Crime Control model of justice with one critical difference. Although police interrogation involves an informal, administrative inquiry, in Minnesota it is a proceeding “on the record.” This led the state to convict more juveniles who waived Miranda.
Eva Steiner
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198790884
- eISBN:
- 9780191833342
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198790884.003.0012
- Subject:
- Law, Comparative Law
This chapter focuses on the core principles which in France govern the justice process and the underlying values on which it rests. It then looks at the place of the justice function within the ...
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This chapter focuses on the core principles which in France govern the justice process and the underlying values on which it rests. It then looks at the place of the justice function within the overall context of the public workings of the State. The ongoing process of scrutiny and reform that characterises the current approach towards the justice process in France and elsewhere is also considered. Hereafter, this chapter provides an overview of the main stages of the pre-trial process in criminal procedure. Consideration is also given to the question of to what degree the French model of justice is inquisitorial when compared with the adversarial system prevalent in common law jurisdictions.Less
This chapter focuses on the core principles which in France govern the justice process and the underlying values on which it rests. It then looks at the place of the justice function within the overall context of the public workings of the State. The ongoing process of scrutiny and reform that characterises the current approach towards the justice process in France and elsewhere is also considered. Hereafter, this chapter provides an overview of the main stages of the pre-trial process in criminal procedure. Consideration is also given to the question of to what degree the French model of justice is inquisitorial when compared with the adversarial system prevalent in common law jurisdictions.
