An error of impunity is a lapse in the justice system that results in criminals either remaining at large or receiving sanctions that are below a socially optimal level. [1] [2] The term is used in Brian Forst's book Errors of Justice and in Robert Bohm's introduction to a special edition of The Journal of Criminal Justice on miscarriages of justice. If convicting an innocent person, called a miscarriage of justice, is a Type I error for falsely identifying culpability (a "false positive"), then an error of impunity would be a Type II error of failing to find a culpable person guilty (a "false negative").
Forst divides errors of impunity into two categories.
The first category consists of those that are like car accidents: the community may be able to do more to prevent them, but generally prefers to consider that doing so is beyond the reach of the criminal justice system. About half of all felony victimizations in the U.S. are not reported to the police, and many of those that are reported are committed by skillful, elusive offenders.
The second category consists of those errors that are real, unambiguous, significant, and avoidable. Examples include failures of the police to follow up leads to capture dangerous offenders and inmate escapees.
Errors of impunity can be caused in much the same ways as miscarriages of justice can, including, without limitation, the following:
Forst argues that a variety of social costs are incurred as the number of culpable offenders set free increases: public safety and the quality of life are compromised, the credibility of deterrent effectiveness is lost, and citizens become increasingly inclined to perceive injustices to victims and alienation from the police and courts, if not from government generally. As a result, Forst argues, the integrity of the justice system becomes threatened both by the reality and perception of ineffectualness. These lapses can run through the entire justice system, from ineffective policing and prosecution to weak sentencing and corrections.
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.
Vincent Jen Chin was an American draftsman of Chinese descent who was killed in a racially motivated assault by two white men, Chrysler plant supervisor Ronald Ebens and his stepson, laid-off autoworker Michael Nitz. Ebens and Nitz assailed Chin following a brawl that took place at a strip club in Highland Park, Michigan, where Chin had been celebrating his bachelor party with friends in advance of his upcoming wedding. Against the backdrop of high anti-Japanese sentiment in the United States at the time – known as "Japan bashing" – they had assumed that Chin was Japanese and witnesses described them using anti-Asian racial slurs as they attacked him, ultimately beating him to death. Ebens and Nitz blamed Chin for the success of Japan's automotive industry in the country.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
William Edgar Rayner Goddard, Baron Goddard, was Lord Chief Justice of England from 1946 to 1958, known for his strict sentencing and mostly conservative views despite being the first Lord Chief Justice to be appointed by a Labour government, as well as the first to possess a law degree. Goddard's no-nonsense reputation was reflected in a number of nicknames that he acquired, these included: 'The Tiger', 'Justice-in-a-jiffy', and—from Winston Churchill—'Lord God-damn'. He was considered one of the last hanging judges.
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
Articles related to criminology and law enforcement.
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Capital murder was a statutory offence of aggravated murder in Great Britain, and Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. In some parts of the US, this term still defines the category of murder for which the perpetrator is eligible for the death penalty. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
Ronald Madis Ebens is an American criminal. Ebens, with his stepson Michael Nitz as an accomplice, killed Vincent Chin, a Chinese American man, on June 19, 1982. This led to a federal indictment for violating Chin's civil rights, but only after public outrage at the probationary sentence and small fine imposed by Michigan Third Circuit Court Judge Charles Kaufman. Ebens was found guilty on one count of violating Chin's civil rights and was sentenced to 25 years in prison, but the conviction was overturned on appeal.
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.
Charles Kaufman (1920–2004) was an American judge for the Third Circuit Court of Michigan, with jurisdiction over south-east Michigan and its largest city, Detroit.
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
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Vincent Who? is a documentary film that was released in 2009. It details the 1982 murder of Vincent Chin that occurred in Detroit, Michigan.
English law contains homicide offences – those acts involving the death of another person. For a crime to be considered homicide, it must take place after the victim's legally recognised birth, and before their legal death. There is also the usually uncontroversial requirement that the victim be under the "Queen's peace". The death must be causally linked to the actions of the defendant. Since the abolition of the year and a day rule, there is no maximum time period between any act being committed and the victim's death, so long as the former caused the latter.
The youth justice system in New Zealand comprises of organisations and processes that deal with offending by children aged 10–13 years and young people aged 14–16 years. These differ from general criminal processes, and are governed by different principles.
American Citizens for Justice is an Asian American civil rights group formed in 1982 in Detroit, Michigan. While the Asian American movement was already developing in the West Coast of the United States, American Citizens for Justice was a significant force for a pan-Asian consciousness as part of the Asian American movement in the Midwest.
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