NCJ Number
176373
Journal
Lay Panel Magazine Volume: 40 Issue: Dated: Pages: 1-0
Editor(s)
W G McCarney
Date Published
1998
Length
36 pages
Annotation
Sixteen articles and an editorial focus on various aspects of juvenile justice procedures and policies in the United Kingdom.
Abstract
Presented just over 2 months after publication of the Runciman Commission's report, these papers reflect a common sense of disappointment with the Commission's report. The papers address such Commission proposals as the removal of the rights of a defendant to elect a jury trial, the introduction of institutionalized plea bargaining, a compulsory obligation of the defense to disclose its case prior to trial, and extended police powers over suspects. Part I of this book provides a variety of critical responses to the Runciman Commission's report. Three papers critically examine the Commission's claim that it was not informed by theory but instead "guided throughout by practical considerations," each arguing that the Commission's work was in fact implicitly grounded in particular theoretical assumptions about the "balance" and "rationality" of criminal justice. One paper argues that where it suited the Commission to do so, as in the recommendation to give the police new power forcibly to take mouth swabs from suspects, the Northern Ireland experience in policing is cited favorably to justify changes that give the police and prosecution extended powers, while ignoring the Northern Ireland experience regarding the intimidation of suspects and the dangers inherent in any dilution of suspects' rights. The papers in Part II challenge the "official discourse" on criminal justice as reflected in the Runciman Commission's report. One paper shows how the Commission's various recommendations shift the British criminal justice system toward "surveillance and system rights" and away from the traditional concepts of "crime control and suspect's rights." The remaining papers in this section trace these alternative models of criminal justice through the various stages of criminal justice, including the exercise of police powers, pretrial and trial procedures, and sentencing. Part III contains three papers that look toward future action, including ways to fight the draconian "law and order" measures advocated by the Commission, a plan for improving access to forensic science services, and the importance of countering Commission efforts to undermine the presumption of innocence and the traditional burden of proof. 310 references and a subject index