Corruption And Criminal Justice

Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.

This book highlights and examines the level, reach and consequences of corruption in international criminal justice systems. The book argues that corruption in and of criminal justice is an international problem regardless of the jurisdiction and type of political system – democratic, dictatorship or absolute monarchy. It argues that state power combined with the privatization of criminal justice and its policing, custodial institutions and community rehabilitation services is a vast industry within, and across, international jurisdictions that are worth substantial state fund. Criminal Justice and Corruption explains how different theoretical approaches highlight the problem of preventing corruption, discusses the problem of measuring criminal justice corruption, and focuses on individual criminal justice institutions. For each institution Brooks covers key literature and discusses the issues that they face, with a conclusion that reflects on the level and reach of corruption in criminal justice and whether it can maintain its legitimacy, particularly in democratic states.

The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

A revision of papers presented at the Ninth Annual Meeting of the International Police Executive Symposium (IPES) which was held in Szczytno, Poland in May, 2001.

This book introduces the student to the phenomenon of corruption in the criminal justice system. As most readers will find, corruption is a pervasive perversion of what ought to be in a functional democracy. That means that its tentacles are never far from any facet of society. It does have its victims and often those victims are the most vulnerable in society. The book tries to explain the systemic and individualized causes and manifestation of corruption. In doing so, it moves away from the culture of blame which seeks to appropriate responsibility for one department of the system without acknowledging the presence of contagion on all sides and in all forms. The book is divided into ten thematic chapters that seek to explain the origins and manifestations of corruption in the criminal justice system: (a) Chapter 1: This chapter postulates that the corruption of the system begins through detachment. This detachment follows the main departments or levels of government including the executive, legislature and judiciary. It also extends to the nearest and most relevant sections of the criminal justice system including the police, probation and the prison service. Detachment allows public officials to sanitize the full impact of their corrupt practices on the communities they are supposed to be serving. (b) Chapter 2: This chapter demonstrates how systemic corruption has supported and enhanced the blatant violation of all the basic human rights. It explores the contested themes of police brutality, bigotry, delayed justice, cover ups, malicious prosecutions and false imprisonment. Corruption allows the system to become desensitized to the horrors of the worst human rights violations. The abusers become the norm. (c) Chapter 3: This chapter considers one of the most egregious and overt forms of corruption in the judicial system. It tackles the various forms of bribery and misappropriation which cover a range of sub topics such as: petty bribery, embezzlement, influence peddling, extortion and links to organized crime. The basic thesis is that corruption allows for the worst abuses of office to occur without raising serious complaints from colleagues or the public at large. (d) Chapter 4: In this chapter, we explore the insidious and poisonous impact of political interference on the administration of justice. The chapter highlights some of the key areas of concern including arbitrary prosecutions, political prisoners, pardons and commutations, election of judicial officers and the violation of court orders. The thesis of the chapter is that political impunity upends the administration of criminal justice. (e) Chapter 5: In this chapter we critique the criminal justice systems that have not been able to overcome their colonial and post-colonial biases. Some of the areas that are explored include detached and inhuman officers; torture and persecution; cruel and unusual punishment; inappropriate laws; and punitive vs. rehabilitative justice. The chapter argues that the criminal justice system can only be effective if it is relevant to the needs of the contemporary population. (f) Chapter 6: This chapter examines the diverse and important role of civil society in identifying, highlighting and even dealing with corruption in the judicial system. The chapter analyses a number of dimensions including research, exposure, bail/remand reform, prosecutions, advocacy and training/development activities. The basic premise of the chapter is that civil society must be properly equipped before it can engage with and overcome corrupt systems. (g) Chapter 7: In this chapter we examine the themes of mob justice and vigilantism. The chapter analyses the general disillusionment with the system as well as the complicity of certain law enforcement officers. It also discusses the impact of weak systems and the lack of resources in the judicial system. The chapter looks at the growing incidence of vigilantism as well as the role of the media in crime and justice. The premise of the chapter is that society is so broken that the only recourse is for individuals to take the law into their own hands. (h) Chapter 8: In this chapter we examine the internationalization of the criminal justice system. It examines the criminal court, Interpol, records, immigration and supranational regulations. The chapter argues that the internationalization of the criminal justice system has not yet been able to create the kind of atmosphere that prevents rampant abuse. As a consequence, some countries have much more robust systems of operation than others. (i) Chapter 9: This chapter focuses on the issues of training and professionalism within the criminal justice system. It explains how an understanding of the law and the community can help to overcome some of the correlates of corruption. The chapter also examines the issues of public relations, pay/terms of service and human psychology to explain why corruption may arise within the institution. (j) Chapter 10: This chapter focuses on the reform agenda and its relation to the fight against corruption in the criminal justice system. The chapter covers the thematic issues of responsive policing, truth and reconciliation, post release management of offenders, human rights guarantees and a generalized overhaul of the system. This book is aimed at those undergraduate students that have an interest in the administration of criminal justice across the globe. It is an introductory book that covers some of the major themes that have characterized this aspect of community life

Policing and corruption are inseparable. This book argues that corruption is not one thing but covers many deviant and criminal practices in policing which also shift over time. It rejects the 'bad apple' metaphor and focuses on 'bad orchards', meaning not individual but institutional failure. For in policing the organisation, work and culture foster can encourage corruption. This raises issues as to why do police break the law and, crucially, 'who controls the controllers'? Corruption is defined in a broad, multi-facetted way. It concerns abuse of authority and trust; and it takes serious form in conspiracies to break the law and to evade exposure when cops can become criminals. Attention is paid to typologies of corruption (with grass-eaters, meat-eaters, noble-cause); the forms corruption takes in diverse environments; the pathways officers take into corruption and their rationalisations; and to collusion in corruption from within and without the organization. Comparative analyses are made of corruption, scandal and reform principally in the USA, UK and the Netherlands. The work examines issues of control, accountability and the new institutions of oversight. It provides a fresh, accessible overview of this under-researched topic for students, academics, police and criminal justice officials and members of oversight agencies.