Marie Manikis
Biographic Data
| ID | 5579032 |
|---|---|
| NAME | Marie Manikis |
| GIVEN NAMES | Marie |
| FAMILY NAME | Manikis |
| SIGNATURE | MANIKIS M |
| AFFILIATIONS | McGill University |
| ORCID | 0000-0002-0907-6082 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 10 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
Covid‐19, Bail, and the Jail
Ce texte fait état d’une étude empirique et analyse l’impact de l’émergence de la COVID‐19 sur les décisions judiciaires de mise en liberté provisoire. Aux prises avec les risques liés à la propagation de la COVID‐19 dans les établissements carcéraux, les tribunaux ont généré une abondante jurisprudence sur la manière de traiter le virus dans le cadre de la législation existante sur la mise en liberté provisoire. En s’appuyant sur des données de …
Communicating Censure
In common law, sentencing is chiefly concerned with the duration of a sentence and rarely engages in the conditions under which the sentence is served. Recently, courts in Canada and England and Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency. Building on communicative theories of punishment, this article proposes a novel …
Solitary confinement as state harm
The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This article proposes the use of a communicative theory of punishment developed in sentencing to characterise and account for the state's wrongdoing and har…
Recognising State Blame in Sentencing
Censure, blame and harms are central concepts in sentencing that have evolved over the years to take into account social context and experiential knowledge. Flexibility, however, remains limited as the current analysis in sentencing focuses on the offender while failing to engage with the state's contribution in creating wrongs and harms. This risks giving rise to defective practices of responsibility since the state can also contribute to their …
Punishment and Retribution Within the Bail Process
This paper argues that lower courts have used their discretionary powers provided within legislation and St-Cloud to infuse a predominantly retributive interpretation into the public confidence in the administration of justice ground of pre-trial detention. This is illustrated notably by their choice of and weight afforded to the various aggravating and mitigating factors, the circumstances that relate to the commission of the offence, as well as…
Contrasting the Emergence of the Victims’ Movements in the United States and England and Wales
Over the years, the role of victims in the criminal process has considerably evolved in common law jurisdictions, particularly in the United States and England and Wales. These notable developments have varied greatly between these two jurisdictions. These differences are in great part attributed to the different forces and rationales behind the emergence of the early victims’ movements in these respective jurisdictions. Indeed, the movements in …
Making sense of the victim’s role in clemency decision making
This article discusses victim engagement with the executive clemency process from a normative perspective. The authors’ aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. I…
Victim impact statements at sentencing
The aims of victim impact statements (VIS) can be classified into two main categories – instrumental and expressive. These different sorts of aims are associated with different, and often conflicting, sentencing objectives. This article argues that the VIS regime in Canada remains a legal no man’s land, with neither its role nor its aims being clearly defined and articulated. Indeed, recent appellate court decisions have shown a number of inconsi…
Victim personal statements in England and Wales
Crime victims and victims’ advocates have for many years called for greater input into the criminal process, and in particular at the stage of sentencing. Today, victims in almost all common law countries have the opportunity to participate in the sentencing process, usually by providing information about the impact of the crime. This impact evidence is placed before a sentencing court in the form of a victim impact statement (VIS) or victim pers…
Navigating through an obstacle course
The Code of Practice for Victims of Crime, introduced by the Domestic Violence, Crime and Victims Act 2004, is portrayed as an important advance on the previous two Charters, particularly with regards to the complaints process available in cases where service providers breach these obligations. This article provides a detailed description of the Code’s complaints process as well as its functioning in order to evaluate its efficacy. The methodolog…
Victim impact statements at sentencing
The aims of victim impact statements (VIS) can be classified into two main categories – instrumental and expressive. These different sorts of aims are associated with different, and often conflicting, sentencing objectives. This article argues that the VIS regime in Canada remains a legal no man’s land, with neither its role nor its aims being clearly defined and articulated. Indeed, recent appellate court decisions have shown a number of inconsi…
Contrasting the Emergence of the Victims’ Movements in the United States and England and Wales
Over the years, the role of victims in the criminal process has considerably evolved in common law jurisdictions, particularly in the United States and England and Wales. These notable developments have varied greatly between these two jurisdictions. These differences are in great part attributed to the different forces and rationales behind the emergence of the early victims’ movements in these respective jurisdictions. Indeed, the movements in …
Making sense of the victim’s role in clemency decision making
This article discusses victim engagement with the executive clemency process from a normative perspective. The authors’ aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. I…
Navigating through an obstacle course
The Code of Practice for Victims of Crime, introduced by the Domestic Violence, Crime and Victims Act 2004, is portrayed as an important advance on the previous two Charters, particularly with regards to the complaints process available in cases where service providers breach these obligations. This article provides a detailed description of the Code’s complaints process as well as its functioning in order to evaluate its efficacy. The methodolog…
Communicating Censure
In common law, sentencing is chiefly concerned with the duration of a sentence and rarely engages in the conditions under which the sentence is served. Recently, courts in Canada and England and Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency. Building on communicative theories of punishment, this article proposes a novel …
Navigating through an obstacle course
The Code of Practice for Victims of Crime, introduced by the Domestic Violence, Crime and Victims Act 2004, is portrayed as an important advance on the previous two Charters, particularly with regards to the complaints process available in cases where service providers breach these obligations. This article provides a detailed description of the Code’s complaints process as well as its functioning in order to evaluate its efficacy. The methodolog…
Victim personal statements in England and Wales
Crime victims and victims’ advocates have for many years called for greater input into the criminal process, and in particular at the stage of sentencing. Today, victims in almost all common law countries have the opportunity to participate in the sentencing process, usually by providing information about the impact of the crime. This impact evidence is placed before a sentencing court in the form of a victim impact statement (VIS) or victim pers…
Victim impact statements at sentencing
The aims of victim impact statements (VIS) can be classified into two main categories – instrumental and expressive. These different sorts of aims are associated with different, and often conflicting, sentencing objectives. This article argues that the VIS regime in Canada remains a legal no man’s land, with neither its role nor its aims being clearly defined and articulated. Indeed, recent appellate court decisions have shown a number of inconsi…
Making sense of the victim’s role in clemency decision making
This article discusses victim engagement with the executive clemency process from a normative perspective. The authors’ aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. I…
Contrasting the Emergence of the Victims’ Movements in the United States and England and Wales
Over the years, the role of victims in the criminal process has considerably evolved in common law jurisdictions, particularly in the United States and England and Wales. These notable developments have varied greatly between these two jurisdictions. These differences are in great part attributed to the different forces and rationales behind the emergence of the early victims’ movements in these respective jurisdictions. Indeed, the movements in …
Punishment and Retribution Within the Bail Process
This paper argues that lower courts have used their discretionary powers provided within legislation and St-Cloud to infuse a predominantly retributive interpretation into the public confidence in the administration of justice ground of pre-trial detention. This is illustrated notably by their choice of and weight afforded to the various aggravating and mitigating factors, the circumstances that relate to the commission of the offence, as well as…
Recognising State Blame in Sentencing
Censure, blame and harms are central concepts in sentencing that have evolved over the years to take into account social context and experiential knowledge. Flexibility, however, remains limited as the current analysis in sentencing focuses on the offender while failing to engage with the state's contribution in creating wrongs and harms. This risks giving rise to defective practices of responsibility since the state can also contribute to their …
Solitary confinement as state harm
The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This article proposes the use of a communicative theory of punishment developed in sentencing to characterise and account for the state's wrongdoing and har…
Covid‐19, Bail, and the Jail
Ce texte fait état d’une étude empirique et analyse l’impact de l’émergence de la COVID‐19 sur les décisions judiciaires de mise en liberté provisoire. Aux prises avec les risques liés à la propagation de la COVID‐19 dans les établissements carcéraux, les tribunaux ont généré une abondante jurisprudence sur la manière de traiter le virus dans le cadre de la législation existante sur la mise en liberté provisoire. En s’appuyant sur des données de …
Communicating Censure
In common law, sentencing is chiefly concerned with the duration of a sentence and rarely engages in the conditions under which the sentence is served. Recently, courts in Canada and England and Wales have started to recognise the relevance of certain prison conditions when deciding sentences. These approaches, however, have lacked conceptual clarity and consistency. Building on communicative theories of punishment, this article proposes a novel …
Political science (10 works) · Criminal Justice and Corrections Analysis (9 works) · Criminology (9 works) · Law (8 works) · Psychology (8 works) · Law (7 works) · Sociology (7 works) · Criminal Law and Evidence (5 works) · Computer Science (4 works) · Medicine (4 works)