THE CRIMINAL JUSTICE SYSTEM
Book
Smart, C. (1977). Women, Crime and Criminology: A Feminist Critique. London: Routledge and Kegan Paul Ltd.
This book explores the kinds of offences and crimes perpetuated by females, and cite the fallacies intrinsic in a dependence on official statistics, pointing to the insufficiency of popular belief that female emancipation is responsible for the increasing female crime rates. The book tackles the treatment of female offenders and victims by the entire criminal justice system, addressing the issue of their soft treatment by arguing that the legal and penal systems often discriminate against them. There is a discussion on the correlation between female criminality and the issue of mental illness. The book concludes with a discussion of some of the major problems in developing a female criminology (Smart, 1977, 1).
Although the book is flagged as a feminist critique of criminology, it turns out to be a primary review of certain theoretical approaches to the aspect of female criminality. The bulk of the general themes the author discusses were already widely dealt with in previous works of other sociologists. The author is the opinion that role theory serves to neither place the impetus on sex roles in an appropriate structural context, not convincingly stands as motivation for committing crime; thus, it needs to explain crime from the point of view of role frustration or poor socialization. Neither of these arguments, taken by itself, adequately explains the issue.
The author finishes with a call for new direction in research – non-separatist criminology. However, there is need for new general theories in criminology with sex variable as their starting point.
Journal article
Neilson, C., L. (2003). Putting Revisions to the Divorce Act Through a Family Violence Research Filter: The Good, the Bad and the Ugly. Canadian Journal of Family Law;2003, Vol. 20 Issue 1, p11.
In this journal article, Neilson surveys the proposed amendments to the Divorce Act R.S. 1985, c.3 from the point of view of current domestic violence. The author gives particular focus to the interests and needs of children in the face of divorce. Neilson argues that Bill C-22, in its current form, adds little to the existing law thus it would not add much positive change in the bad divorce experiences that abused women along with their children often have. In fact, the author holds, several provisions are bound to worsen matters. Neilson concludes the journal article with suggestions for amendments to Bill C-22 deemed to offer better protection to abused women together with their children.
It is commendable that Neilson appreciates that Bill C-22 makes considerable improvements to some elements of the current Divorce Act. However, the author is misplaced with her dismal of the amendments as having no positive impact on the Act. It must be accepted that the remodeled statue has introduced considerable changes to the 1968 family law – for the first time in Canadian family law, there is no-fault divorce that stems from breakdown of the marriage (where parties have lived separate and apart for a minimum of one year). The act also has another significant positive in terms of allowance for spouses to file a joint divorce where claims for corollary relief do not exist. Further divorce now becomes effective just 31 days upon being granting unlike the previous three-months.
Government report
Violence Against Women in Relationships Policy, British Columbia’s Ministry of Attorney General and Ministry of Solicitor General and Public Safety, [Online] Available at <http://www.pssg.gov.bc.ca/victim_services/publications/policy/vawir.pdf> [Accessed 21 March 2013]
This Government report, a joint effort of the Ministries of Public Safety and Solicitor General, Attorney General and Children and Family Development, is a co-ordination reaction to increasing domestic violence. The report underscores the need to minimize, if not eliminate altogether, the risk of domestic violence through ensuring appropriate offender management. it is a call to the Justice System together with Child Welfare to enhance and integrate response to domestic violence for the greater good of all British Columbians.
The Government Report is appropriate in light of the emerging best practices that appreciate the place of integrated cross-agency policies in effective response to domestic violence. The main limitation of the policy is the title which tends to suggest that only men perpetuate domestic violence and spousal violence, while it is known that women are increasingly committing such offences against their male partners. The authors of the policy will have to continue updating it to fully capture the crucial elements of domestic value that are currently missing.
Newspaper article
Norinitsu Onish, 2013, “Overrun by Crime, Oakland Looks to Make Allies in Community” by. [Online] Available at <http://www.nytimes.com/2013/03/11/us/to-cut-crime-oakland-to-reduce-size-of-police-districts.html?ref=crimeandcriminals> [Accessed 21 March 2013]
The New York Times article by Norimitsu Onishi, reviews the reforms targeted by the Oakland Police Department in response to the increasing incidents of crime in the city. The author informs of the plan to partition the Oakland into five police districts from the current two. The focus will be on community policing, to foster better relations between police and residents especially Blacks and Hispanic (Norimitsu, 2013, 1). The article explains the problems bedeviling the Oakland police stations, which almost made it to become the first city to lose its police force to the federal authorities.
The article is an in-depth look at the state of Oakland Police Department and its capacity to deal with the increasing crime. The author provides useful facts about the crime incidents in the city and challenges of the police department. The article can be useful to the community, other police departments, and the funding organs of the Oakland Police Station to support the its plans. One problem of the article is that it is too lengthy for a newspaper article.
Website
VU University Amsterdam, 2013. “Is justice done if the International Criminal Court prosecutes LRA-rebel Dominic Ongwen?[Online] Available at <http://www.vu.nl/en/programmes/international-masters/programmes/g-i/international-crimes-and-criminology/index.asp> [Accessed 21 March 2013]
This VU University Amsterdam website explores the question of whether capturing and prosecuting of Ugandan Dominic Ongwen, a Lord’s Resistance Army rebel, would translate into justice being done. The site presents the paradox that Ongwen was a victim himself, having been kidnapped and enlisted into the rebel movement on the one hand; but grew to perpetuate the same crimes on the other. The website argues that effective preventive measures of international crimes are frustrated by lack of will or knowledge of the primary causal factors of the crimes. The piece concludes with an argument that designing of strategies and their subsequent implementation can only be achieved through a multi- and interdisciplinary approach.
The website article tackles a controversial area of international law. It raises the argument if it is justified to prosecute an individual who has committed crimes against humanity, but not out of his own volition because of being victim of child soldier. However, the article falls short of addressing a gray area of this case that is the ICC and amnesties. This would be most applicable to Ongwen’s case considering the Rome Statute of the ICC lacks a provision on amnesty, making it a dilemma whether a national amnesty law forbidding prosecution of suspects whose crimes fall under the ICC jurisdiction would be recognized by a local or traditional court if the person was to be tried there. Generally, the article is very insightful and most suitable for those interested in or part of the criminal justice system and the law.
Recommended Annotated Bibliographies
1. Smart, C. (1977). Women, Crime and Criminology: A Feminist Critique. London: Routledge and Kegan Paul Ltd.
2. VU University Amsterdam, 2013. “Is justice done if the International Criminal Court prosecutes LRA-rebel Dominic Ongwen?[Online] Available at <http://www.vu.nl/en/programmes/international-masters/programmes/g-i/international-crimes-and-criminology/index.asp> [Accessed 21 March 2013]
3. Violence Against Women in Relationships Policy, British Columbia’s Ministry of Attorney General and Ministry of Solicitor General and Public Safety, [Online] Available at <http://www.pssg.gov.bc.ca/victim_services/publications/policy/vawir.pdf> [Accessed 21 March 2013]
4. Norinitsu Onish, 2013, “Overrun by Crime, Oakland Looks to Make Allies in Community” by. [Online] Available at <http://www.nytimes.com/2013/03/11/us/to-cut-crime-oakland-to-reduce-size-of-police-districts.html?ref=crimeandcriminals> [Accessed 21 March 2013]
Bibliography:
Neilson, C., L. 2003. Putting Revisions to the Divorce Act Through a Family Violence Research Filter: The Good, the Bad and the Ugly. Canadian Journal of Family Law;2003, Vol. 20 Issue 1, p11.
VU University Amsterdam, 2013. “Is justice done if the International Criminal Court prosecutes LRA-rebel Dominic Ongwen?[Online] Available at <http://www.vu.nl/en/programmes/international-masters/programmes/g-i/international-crimes-and-criminology/index.asp> [Accessed 21 March 2013]
Norinitsu Onish, 2013, “Overrun by Crime, Oakland Looks to Make Allies in Community” by. [Online] Available at <http://www.nytimes.com/2013/03/11/us/to-cut-crime-oakland-to-reduce-size-of-police-districts.html?ref=crimeandcriminals> [Accessed 21 March 2013]
Violence Against Women in Relationships Policy, British Columbia’s Ministry of Attorney General and Ministry of Solicitor General and Public Safety, [Online] Available at <http://www.pssg.gov.bc.ca/victim_services/publications/policy/vawir.pdf> [Accessed 21 March 2013]
Smart, C. 1977. Women, Crime and Criminology: A Feminist Critique. London: Routledge and Kegan Paul Ltd.
