Skip to main content
main-content

Über dieses Buch

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.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Introduction

Abstract
The Introduction ‘sets the scene’ and highlights the reach, breadth and depth of corruption in criminal justice systems around the world. It explains why such a book is needed and offers a brief synopsis of the following chapters in the book.
Graham Brooks

Chapter 2. What Is Criminal Justice Corruption?

Abstract
This chapter considers the problem of trying to define criminal justice corruption. It then examines the reach of state power, and criminal justice corruption, and how this can affect the legitimacy of justice. Furthermore, it highlights the reach of the privatization of criminal justice services that also seek legitimacy similar to the state to control and punish offenders.
Graham Brooks

Chapter 3. Extent of Corruption in Criminal Justice Systems

Abstract
This chapter focuses on the problem of measuring and assessing the extent of corruption in criminal justice systems. This chapter reviews the ongoing challenges in developing an accurate understanding of the extent of corruption because of the differences in recorded crime data, policing corruption, the privatization of police services, and corruption behind prison walls.
Graham Brooks

Chapter 4. Law Enforcement, Security and Corruption

Abstract
There is a substantial amount of literature on law enforcement and corruption. However, most of this is on national state law enforcement bodies or specific police units (i.e. narcotics and/or vice) that have engaged in corruption. This chapter will build on this work but also consider the problem of trying to define law enforcement corruption, discuss the causes of corruption, undercover work and private policing. The chapter will conclude with a review of law enforcement reforms that regardless of the approach used have failed to stem the tide of corruption.
Graham Brooks

Chapter 5. The Jury and Potential for Corruption

Abstract
This chapter will consider the development and effect of the internet on the jury system. It offers a contemporary understanding of how the jury is subverted and corrupted. Whilst corruption is external—bribery, threats, etc.—to a jury or individual members—I examine the internal—individual jury members searching for information on the internet which is populated with bias, prejudicial, sham ‘news’ and articles and the extent to which this can corrupt criminal justice. I then consider how courts currently employ ‘negative rules’ to prevent independent research. Finally I suggest other options for courts to consider as our use of the internet and other devices will increase in the future and put the ‘black box’ of the jury deliberation under threat.
Graham Brooks

Chapter 6. Judicial Corruption: Magistrates, Judges and Prosecutors

Abstract
This chapter considers the reach of judicial and state prosecutorial corruption. It starts with a review of what is judicial corruption, then, raises the possibility that independence itself is part of the problem of judicial corruption. This is followed by a discussion on the difference between extortion and bribery in the judiciary and how it can and does occur. I then reflect on the attempts to prevent judicial corruption before finally examining the avenue for potential corruption for prosecutors.
Graham Brooks

Chapter 7. An Archipelago of Profit: Custodial Institutions and Corruption

Abstract
This chapter will consider the definition and range and types of corruption in custodial institutions committed by inmates and officials such as the bribery of ‘correction/prison officers’, the  smuggling of weapons, narcotics, and cell phones in exchange for sexual, and/or financial rewards. In addition I review the reach of corruption beyond custodial institutions by inmates and assess the role and reach of corruption in the private prison sector.
Graham Brooks

Chapter 8. The Probation Service: Corruption in the Community

Abstract
This chapter offers a brief analysis of the types of corruption in probation services. This is followed by a reflection on the rise of shadow state, in both the form of the state and private sectors, and the reach and control of offenders in the community. This leads on to electronic monitoring (EM) and supervision of offenders in the community and the reach of corrupt practice in the private sector.
Graham Brooks

Chapter 9. Vigilantes: The Corruption of the Justice System

Abstract
This chapter will highlight how some nations have lost control of the justice system and conceded the role of punishment to terrorist and/or paramilitary groups and organized crime. This is particularly noticeable in Mexico, Nigeria and Northern Ireland. This chapter therefore explores the need to contain victimization and maintain social order; however, such order is maintained outside the recognized legal order of justice. This chapter then is about extra-judicial punishment by either police and/or groups outside the legal order and thus the contested notion of what criminal justice can do, and is able to do, and the definition of ‘justice’.
Graham Brooks

Chapter 10. Lawyers and Criminal Justice

Abstract
Literature on lawyers mostly reflects notions of standards of behaviour—expected and absent—and is seen as an issues of ‘legal ethics’. These views are particularly prominent in American literature where lawyers are trying, but fail to act ‘properly’ or as Simon (Ethical discretion in lawyering. Harvard Law Rev 101(6): 1083–1145, (1988: 204–205) put it, are ‘ethically ambitious’. This chapter then considers lawyers as a conduit of corruption helping offenders commit crimes and/or acting alone. This is followed by a discussion on tactics employed by lawyers in a court of law to defend a client(s). Finally this is all placed into a theorectical framework on why lawyers might commit white collar crime.
Graham Brooks

Chapter 11. Conclusion: Equality in Criminal Justice—An Ideal We Are Still in Search Of?

Abstract
In the introduction to this book it was made clear that it was concerned with corruption in criminal justice systems and has hopefully produced a text that is useful and broad in thought, but also accessible for those with knowledge of criminology and corruption, but rarely both. In this chapter then there are final reflections on what should, can, and hopefully be achieved in preventing corruption in criminal justice systems.
Graham Brooks

Backmatter

Weitere Informationen