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To this purpose, McMillan employs the life experiences and legal struggles of Nova Scotia Mi'kmaw figure Donald Marshall Jr. to shed light onto the traditional tenets of Mi'kmaw legal consciousness and traditional justice principles as an alternative to the Canadian and Nova Scotian legal and justice systems, which are defendant-centered and focus mainly on punitive measures and, therefore, deemed ineffective in addressing the relationship and encounters that Indigenous Canadians have had with the law. I Truth and Conviction i offers an illustration and unique discussion of the Mi'kmaw First Nation's legal consciousness, which is revealed as grounded in traditional values prioritizing the restoration of relationships among all parties involved in a dispute and the healing of the whole community; furthermore, the book outlines the initiatives that the Mi'kmaw First Nation has recently taken to increase its participation in the workings of the Canadian and Nova Scotian justice systems in an attempt to decolonize them. [Extracted from the article]

"A History of Crime in Australia: Australian Underworlds" by Nancy Cushing is an introductory text for students of crime history and criminology. The book explores the impact of English law on transported convicts and First Nations peoples in Australia, and how their own systems of law were disregarded by colonists. It is organized into twelve chapters, each focusing on a specific aspect of crime history in Australia. The book includes essays by historians in each chapter, providing examples of scholarly writing. While the book primarily focuses on the legal history of New South Wales and Victoria, it offers thought-provoking case studies and is accessible to both students and general readers interested in crime history. [Extracted from the article]

Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and initiatives. Using administrative and other data, it finds that among a host of petition-based second chance opportunities, to shorten sentences, restore one’s vote, and clear one’s criminal convictions, only a small fraction (less than 10 percent) of those eligible for relief actually received it. Extrapolating based on a novel analysis of around sixty thousand criminal histories of persons primarily seeking gigeconomy work and of the expungement laws governing nonconvictions of all fifty states applying the nonconviction expungement laws of all fifty states to around sixty thousand criminal histories of persons primarily seeking gigeconomy work, this study estimates that at least twenty to thirty million [ABSTRACT FROM AUTHOR]

The criminalization of young women in care remains an important practice and policy issue in England despite 2018 national guidance and the subsequent development of local authority protocols to reduce the criminalization of care‐experienced young people. This paper contributes to the emerging research on young women whose behaviour challenges professionals, through secondary analysis of case file data and narrative interviews with 24 care‐experienced young women from a national project on care and offending. Analysis focused on young women's pathways through the care, justice and education systems and identified five domains within young women's lives where available risk or resilience factors were significant in directing young women towards prosocial opportunities, to new types of victimization or to criminalization and offending. These domains consisted of placements and caregiver relationships; partner relationships; pregnancy and motherhood; participation in education; and the transition to adulthood through leaving care. The paper concludes with implications for practice for professionals working with young women, in particular emphasizing that how the care, justice and education systems respond to young women can contribute to negative pathways or transform them. [ABSTRACT FROM AUTHOR]

This paper discusses the plight of the 'Guapinol Eight,' a group of men who were arrested, detained, and convicted by a Honduran court after defending their right to access clean water. Our analysis is situated within a broader doctrinal conversation on the gaps in the conceptual and theoretical underpinnings of human rights defenders. In particular, we highlight the (lack of) effectiveness of protection mechanisms, the complex connections between activism, repression of activism and risk taking, and the usage of legal and administrative mechanisms for repression of human rights defenders. We find that the Honduran criminal justice system largely fails to protect those who speak up against unfair criminal charges, detention, and convictions, while at the same time fails to condemn private companies or individuals who retaliate against the work of human rights defenders with lawsuits, violence, or murder. In the conclusion of this paper, recommendations are made as to steps the Honduran government can take to redress past wrongs and introduce standards that comply with domestic and international law before a chilling effect ameliorates the voice of human rights in Honduras in the years to come. [ABSTRACT FROM AUTHOR]

Through an ethnography of a terrorism trial that followed bomb‐blasts in Delhi in 2008, this article seeks to understand the centrality of files and documentary practices to the production of legal truth. By following key documents regarding the case against one man I call Fahad, I argue that the truth produced in a trial crucially depends a chain of seemingly insignificant certificatory practices‐the signatures, countersignatures, stamps, and seals that appear on documents. What emerges in the account I provide is that juridical truth is less a matter of finding 'what really happened,' and more about the competition between narratives that depend on the certificatory correctness of humble sheets of paper. [ABSTRACT FROM AUTHOR]

This white paper is the joint product of nineteen professors of criminal law and procedure who share a common conviction: that the path toward a more just, effective, and reasonable criminal system in the United States is to democratize American criminal justice. In the name of the movement to democratize criminal justice, we herein set forth thirty proposals for democratic criminal justice reform. [ABSTRACT FROM AUTHOR]

This paper reports a qualitative study built upon the findings from this team’s previous studies over the past two decades that identifies risk factors and guiding principles to develop a culturally sensitive practice model for Chinese youth in conflict with the law. Crime intervention for Chinese Canadian youth is under-researched. This paper reveals that Chinese youth and their parents internalize problems of systemic inequity. Their needs are not properly addressed due to model minority stereotyping. Over the last two decades, there is a shift in demographics of the Chinese community in Canada that mirrors the socio-economical changes in China over twenty years that requires cultural nuance in providing services to the Chinese community. In general, Chinese youth and their families experienced cultural and language barriers and challenges in addressing mental health issues. [ABSTRACT FROM AUTHOR]

This paper provides insights into the predominant styles of political reasoning in England and Wales that inform penal policy reform. It does so in relation to a particular development that constitutes a dramatic, perhaps even unique, wholesale reversal of a previously introduced market-based criminal justice delivery model. This is the 'unification' of probation services in England and Wales, which unwound the consequential privatization reforms introduced less than a decade earlier. This paper draws on in-depth interviews with senior policy makers to present a narrative reconstruction of the unification of probation services in England and Wales. Analogies with desistance literature are drawn upon in order to encapsulate the tensions posed for policy makers as they sought to enact this penal policy reform. [ABSTRACT FROM AUTHOR]

The lack of explainability of Artificial Intelligence (AI) is one of the first obstacles that the industry and regulators must overcome to mitigate the risks associated with the technology. The need for 'eXplainable AI' (XAI) is evident in fields where accountability, ethics and fairness are critical, such as healthcare, credit scoring, policing and the criminal justice system. At the EU level, the notion of explainability is one of the fundamental principles that underpin the AI Act, though the exact XAI techniques and requirements are still to be determined and tested in practice. This paper explores various approaches and techniques that promise to advance XAI, as well as the challenges of implementing the principle of explainability in AI governance and policies. Finally, the paper examines the integration of XAI into EU law, emphasising the issues of standard setting, oversight, and enforcement. [ABSTRACT FROM AUTHOR]

The current paper explores the theoretical and empirical capacity of developmental and life-course criminology (DLC) to further our understanding of non-lethal intimate partner violence (IPV) and femicide. Drawing on Sampson and Laub's age-graded theory and Moffitt's dual taxonomy, the paper delves into empirical research that has identified and examined the overlap between general offending and IPV, highlighting how these DLC theoretical frameworks could provide insight into non-lethal IPV and femicide. We also outline the ways in which these DLC perspectives are challenged to fully address the gendered nature of IPV and less able to provide an empirical and theoretical understanding of the role of power and control by men over their women partners. We then place these frameworks within the global impact of the COVID-19 pandemic on gender-based violence, including femicide. While the COVID-19 lockdowns increased vulnerability to IPV and increased homicide in the United States, the expected rise in femicide did not materialize—at least within the United States, prompting questions about the extent to which existing criminological theories are able to provide a framework for these types of crime trends during unprecedented events. We examine the way non-lethal and lethal IPV are shaped by different factors as outlined in Moffitt's dual taxonomy. The pandemic for example did not create increased psychopathy (i.e., affective and personality disorders) associated with the risk for femicide, but the COVID-19 pandemic and the subsequent lockdowns did create increased economic and family stressors, which placed many at-risk women and children in further social isolation, and reduced access to victim services. We conclude a need for further theoretical development surrounding femicide, integrating developmental and life-course perspectives, thereby emphasizing the need for refined frameworks to address the intricate dynamics of violence against women globally. [ABSTRACT FROM AUTHOR]

Background: To date, there is no evidence supporting the existence of an association between Autism Spectrum Disorder (ASD) and extremism in the general population. However, there is increasing recognition that several features of ASD may provide the context of vulnerability to engage in extremist behaviour. Aims: This paper sets out the case for a dedicated clinical approach to better integrate clinical risk appraisal processes with an assessment of ASD individuals' vulnerabilities within the Criminal Justice System. Methods and Results: In this paper the Framework for the Assessment of Risk & Protection in Offenders on the Autistic Spectrum (FARAS): A Guide for Risk Assessors Working with Offenders on the Autistic Spectrum is explored. In developing the FARAS, Al‐Attar proposed seven facets of ASD that 'may have different functional links with push and pull factors to terrorism' (p. 928), which include circumscribed interests; rich vivid fantasy and impaired social imagination; need for order, rules, rituals, routine and predictability; obsessionality, repetition and collecting; social interaction and communication difficulties; cognitive styles and Sensory processing. Discussion and Conclusion: We describe the FARAS within the context of the most widely used clinical risk appraisal 'aide memoire' instruments integral to the Structured Professional Judgement of risk process, namely the HCR20v3. [ABSTRACT FROM AUTHOR]

The criminal justice system is enthralled with drug testing. It is a billion dollar industry fueled by drug courts, swift certain, and fair strategies, and the idea that probation is a privilege. It has become so pervasive that even people without an identified drug problem are often tested on a regular basis. While the field has accepted drug testing as a key component, this paper suggests that the data, while limited, is not as pervasive as the practice itself. This paper will explore the current research on drug testing, how effective it is for people without an identified substance use issue, and what are some of the collateral consequences to testing that may offset any perceived or real benefit to the practice. [ABSTRACT FROM AUTHOR]

The Prosecutor of the International Criminal Court (ICC) is empowered with a unique discretionary tool to forego an investigation or prosecution in 'the interests of justice', taking into consideration the gravity of the crime and the interests of victims. The 2007 policy paper on the 'interests of justice' emphasizes that the exercise of the Prosecutor's discretion under Article 53(1)(c) and 53(2)(c) ICC Statute is exceptional in its nature, and that there is a presumption in favour of investigation or prosecution, a contention embraced by the majority of scholars and NGOs. Contrary to this background, this contribution aims to emphasize the inherently pluralistic/elastic nature of the expression, highlighting the need for revision of the policy paper in order to address the never-ending quest for legitimacy. [ABSTRACT FROM AUTHOR]

In most cases, researchers assume that control of corruption, rule of law, accountability, and government expenditure tend to have a positive impact on government effectiveness. Nonetheless, recent theoretical and empirical evidence supports a mixed relationship between these variables. The paper, therefore, seeks to answer the extent to which corruption, the rule of law, accountability, and government expenditure affect government effectiveness. We employed Johansen method of cointegration and vector error correction model to examine the long-run and short-run relationship between the variables under study. By using Sri Lankan data covering the period from 1996 to 2020, we find a significant and positive relationship only between the control of corruption and government effectiveness both in the long run and in the short run. Yet, rule of law has a positive and significant impact on government effectiveness only in the long run. Voice and accountability, and government expenditure affect the government's effectiveness negatively in the long run and positively in the short run. The article demonstrates that weak anti-corruption mechanisms and weak legal and criminal justice systems seem to have a detrimental impact on government effectiveness in developing countries. [ABSTRACT FROM AUTHOR]

This paper exposes how colonial ways of knowing and being shape judicial behaviour in Brazil, where pre-trial detention is excessively used against racialised groups. I argue that judges continue to conceptualise and operationalise justice according to colonial logics and thus reveal the coloniality of justice. Drawing on decolonial theory from across South America and from interviews and court observations in Rio de Janeiro, I reveal how judges understand themselves as heroic crime fighters, acting beyond the law in a modern moral crusade. I examine how violence remains a central component of justice and consider how judges deal with the contradiction of neutrality and aggression. I argue that judges, by endorsing or tolerating violence, become agents of coloniality. [ABSTRACT FROM AUTHOR]

The paper excavates 'implicit criminologies' concerning victims, perpetrators and bystanders from four films by Bosnian director Jasmila Žbanić: Grbavica (2006); On the path (2010); For those who can tell no tales (2013) and Quo Vadis, Aida? (2020). I argue that in criminological terms, Žbanić's work is strongest, and has greatest transformative potential, as an example of cinematic victimology. This is produced through characters who simultaneously encapsulate particular (ethnicized) and universal elements in micro-level stories of the individual in a larger social, political and historical context. Focussing on this form of universalism, I question an ethical standard of inclusivity in atrocity cinema which calls for a single film or director to directly represent victims of all ethnic groups. [ABSTRACT FROM AUTHOR]

In recent years, there has been considerable policy and academic interest in the existence of ethnic inequalities in the Criminal Justice System. A large body of sentencing research has been dedicated to exploring whether ethnic minority defendants are treated more harshly than similarly situated white defendants. This paper extends this research utilizing Ministry of Justice linked criminal justice datasets and multilevel models to assess the effect of ethnicity and other defendant case and contextual factors on sentencing outcomes in the Crown Court. The analysis shows that legal characteristics such as plea, pre-trial detention, offence type and severity are important factors determining sentencing outcomes although they do not fully explain disparities in these outcomes between ethnic groups. Ethnic disparities in imprisonment persist and, in some cases, become more pronounced after controlling for defendant case and court factors. In contrast, ethnic disparities in sentence length are largely explained by legal factors, and after adjusting for other predictors of sentencing outcomes, observed differences between most (but not all) ethnic minority groups and the white British disappear. [ABSTRACT FROM AUTHOR]

Background: Traumatic brain injury (TBI) is disproportionately prevalent among individuals who intersect or are involved with the criminal justice system (CJS). In the absence of appropriate care, TBI-related impairments, intersecting social determinants of health, and the lack of TBI awareness in CJS settings can lead to lengthened sentences, serious disciplinary charges, and recidivism. However, evidence suggests that most clinical practice guidelines (CPGs) overlook equity and consequently, the needs of disadvantaged groups. As such, this review addressed the research question "To what extent are (1) intersections with the CJS considered in CPGs for TBI, (2) TBI considered in CPGs for CJS, and (3) equity considered in CPGs for CJS?". Methods and findings: CPGs were identified from electronic databases (MEDLINE, Embase, CINAHL, PsycINFO), targeted websites, Google Search, and reference lists of identified CPGs on November 2021 and March 2023 (CPGs for TBI) and May 2022 and March 2023 (CPGs for CJS). Only CPGs for TBI or CPGs for CJS were included. We calculated the proportion of CPGs that included TBI- or CJS-specific content, conducted a qualitative content analysis to understand how evidence regarding TBI and the CJS was integrated in the CPGs, and utilised equity assessment tools to understand if and how equity was considered. Fifty-seven CPGs for TBI and 6 CPGs for CJS were included in this review. Fourteen CPGs for TBI included information relevant to the CJS, but only 1 made a concrete recommendation to consider legal implications during vocational evaluation in the forensic context. Two CPGs for CJS acknowledged the prevalence of TBI among individuals in prison and one specifically recommended considering TBI during health assessments. Both CPGs for TBI and CPGs for CJS provided evidence specific to a single facet of the CJS, predominantly in policing and corrections. The use of equity best practices and the involvement of disadvantaged groups in the development process were lacking among CPGs for CJS. We acknowledge limitations of the review, including that our searches were conducted in English language and thus, we may have missed other non-English language CPGs in this review. We further recognise that we are unable to comment on evidence that is not integrated in the CPGs, as we did not systematically search for research on individuals with TBI who intersect with the CJS, outside of CPGs. Conclusions: Findings from this review provide the foundation to consider CJS involvement in CPGs for TBI and to advance equity in CPGs for CJS. Conducting research, including investigating the process of screening for TBI with individuals who intersect with all facets of the CJS, and utilizing equity assessment tools in guideline development are critical steps to enhance equity in healthcare for this disadvantaged group. Zoe Colclough and co-authors examine how equity is considered in the development of clinical practice guidelines for traumatic brain injury for individuals within the criminal justice system. Author summary: Why was this study done?: Traumatic brain injury (TBI) is more common among individuals involved with the criminal justice system (CJS) than the general population, often resulting in longer prison sentences, serious disciplinary charges, and repeated future conflicts with the CJS. Although individuals with TBI who are involved with the CJS must receive care that meets their needs, studies show that most clinical practice guidelines (CPGs)—designed to guide care—tend to overlook equity and disadvantaged groups, instead focussing on the effectiveness or cost-effectiveness of care. As a first step to improving equitable care, this study assessed existing CPGs for TBI and CPGs for CJS to see if and how (1) evidence regarding individuals who intersect with the CJS is included in CPGs for TBI and evidence regarding TBI is integrated in CPGs for CJS; and (2) equity is considered in CPGs for CJS. What did the researchers do and find?: We used available electronic databases (MEDLINE, Embase, CINAHL, PsycINFO), targeted websites, Google search, and reference lists for CPGs for TBI and CPGs for CJS. We documented their characteristics, reviewed their content, and assessed whether equity was considered using checklists focused on equity and disadvantaged groups. We found that 14 out of 57 CPGs for TBI referenced individuals who are involved with the CJS and 2 out of 6 CPGs for CJS referenced TBI. Practices to ensure that equity is considered, such as the involvement of disadvantaged groups when developing CPGs were lacking in CPGs for CJS. What do these findings mean?: Findings from this review suggest that consideration of equity is lacking in the development of CPGs for TBI for those within the CJS and provide the foundation to consider CJS involvement in CPGs for TBI and to advance equity in CPGs for CJS. There is a critical need for further research into screening processes for TBI with individuals who intersect with all facets of the CJS, and into the benefits of equity assessment tools in guideline development to enhance equity in healthcare for this disadvantaged group Unfortunately, we cannot comment on how much of the existing evidence regarding TBI or individuals who are involved with the CJS remains unintegrated in existing CPGs, as our search did not include research papers on TBI and the CJS, outside of CPGs. [ABSTRACT FROM AUTHOR]

PAMHOP (The Physical And Mental Health of Older Prisoners) is an inter- and transdisciplinary project funded by the UK’s National Institute for Health and Care Research (NIHR). The project has two principal aims: to better understand the physical and common mental health needs of older people within the criminal justice system; and to assess the implementation of some novel tailored interventions that might benefit this community and shape policy, thus reducing costs for the UK’s National Health Service (NHS). One intervention was a historic environment project that involved map-based landscape regression, and historic building recording work. This paper describes this intervention and assesses its impacts, including those related to policy. [ABSTRACT FROM AUTHOR]

Mental health concerns among juvenile-justice-involved youth (JJIY) continue to be a major health crisis in the United States (US). While scholarship has explored mental health concerns among JJIY, and the link to negative life outcomes, there are gaps in the existing research, particularly in effective interventions and models aimed at addressing both the mental health concerns and criminogenic risk contributing to recidivism and other negative life outcomes of this population. In this paper, we present Justice-Based Interdisciplinary Collective Care (JBICC), an innovative framework to address both the mental health needs and delinquent behavior of youth offenders. The model bridges community partners, with the purpose of informing future interventions, implementations, and research in this area. Increased justice-based interdisciplinary collective collaboration between the juvenile justice system and community programs/organizations would be a major benefit to youth offenders and their families. We also focus on the need for cultural responsiveness to be interwoven throughout all aspects of treatment. JBICC offers an opportunity to expanded services outside traditional settings and methods to ensure that youth offenders and their families receive validating and culturally responsive access to services. [ABSTRACT FROM AUTHOR]

Delays at court are an everlasting and potentially consequential reality of criminal justice systems, although most would agree that the timely adjudication of cases is needed from both administrative, judicial, and individual perspectives. This paper uses administrative data and a policy reform in Denmark in 2007 to measure the unconfounded association between court delays – or, more specifically, time to adjudication – and criminal recidivism within 5 years. Results show that although court delays do not push more people into recidivism, the delays matter for how many crimes recidivists end up being convicted of. Also, criminality tends to be muted during the period from charge to adjudication (even in a context with low use of pretrial detention and no bail system), whereby court delays also matter for the timing of new crimes – a finding with important theoretical implications. [ABSTRACT FROM AUTHOR]

AbstractSurvivors of sexual violence often experience short-and long-term mental and physical health conditions due to the victimization. Rape Crisis Centers are community-based advocacy organizations that provide free supportive services to survivors of sexual assault, such as 24-hour crisis hotlines, medical advocacy, individual and group therapeutic services, and victim advocacy services for those with cases within the criminal justice system. However, the efficacy of these services in assisting survivors is not well known, often due to researchers’ lack of access to clients. In this paper, we investigate the experiences of survivors directly from the survivors receiving psychotherapy services from a Rape Crisis Center in an urban jurisdiction in the Midwestern United States. We qualitatively interviewed nine survivors who attended individual and/or group therapy. In-depth analysis showed that four themes emerged regarding their experiences. Two themes pertain to positive outcomes—emotional processing and group therapy dynamics. One theme concerns obstacles. The final theme relates to suggestions for service improvement. The discussion includes summaries of the reflective findings and recommendations for future practice. This research contributes to informing and improving practices and policies to better serve survivors of sexual assault. [ABSTRACT FROM AUTHOR]

Lesbian, gay, bisexual, transgender, and queer (LGBTQ+) people have historically been subjected to maltreatment across multiple environments and systems – including their homes, schools, neighborhoods, workplaces, healthcare facilities, and more. The criminal justice and child welfare systems were built on the foundations of cisnormativity and heteronormativity, making LGBTQ+ youth susceptible to systemic oppression and discrimination when compared to their youth counterparts. As such, this paper examines the unique experiences of LGBTQ+ youth in the juvenile and child welfare systems by discussing the systemic inequities and unique challenges that exist for this population – beginning with the risk factors that make them susceptible to exposure to both systems in general. Furthermore, we provide practical recommendations for legal and clinical professionals to better serve their LGBTQ+ youth clients – ranging from changes in policies and legislation, increased staff training, and strategies to create safe and inclusive environments for all youth. Key Points for the Family Court Community: LGBTQ+ youth face higher risk factors (e.g., violence and discrimination at home) that make them more susceptible to both the child welfare and criminal justice systems when compared to cisgender/heterosexual youth.Systemic issues (e.g., mistreatment and biased targeting by police personnel) contribute to the overrepresentation of LGBTQ+ youth in both systems.To effectively serve LGBTQ+ youth, law professionals are encouraged to engage in LGBTQ+‐affirming practices like comprehending the unique experiences of LGBTQ+ youth who identify with multiple marginalized identities and educating themselves on current issues impacting this population. [ABSTRACT FROM AUTHOR]

The International Committee of the Red Cross (ICRC) has worked on behalf of detained irregular migrants for many years as part of its activities for detainee populations in general, but has only recently started implementing specific programmes for detained migrants in countries of transit and destination. The ICRC visits detained migrants in both criminal and dedicated immigration detention facilities. During these visits, as with all detainees, the ICRC assesses whether detained migrants are treated humanely, held in conditions that preserve their dignity and afforded due process of law. The ICRC also evaluates whether they are able to maintain contact with the outside world, such as with their families and consular authorities, if they wish to do so. As part of its dialogue with the authorities, the ICRC also raises protection issues related to return to ensure that the authorities fulfil their obligations under relevant international law – in particular with respect to the principle of non-refoulement. [ABSTRACT FROM AUTHOR]

Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board. On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will inevitably and invariably lead to the prisoner's death while incarcerated. Few previous studies, however, have examined the finality of LWOP empirically. In this Article, I present original empirical data on clemency covering the period 1990-2021 in order to investigate the relationship between LWOP sentences and the release mechanisms of executive clemency and compassionate release in both state and federal cases. Ultimately, the results of this research reaffirm the finality of LWOP in the United States, despite the availability, on paper, of at least three potential release procedures. Only a handful of LWOP prisoners have received commutation or pardon from U.S. presidents, state governors, or pardons boards. Compassionate release has been granted almost as rarely. That said, some demographics tend to have benefited more than others. The findings presented within this Article are relevant not only to domestic clemency and end-of-life release policy but also to litigation dealing with a "right to hope" as a component of human dignity, and to the academic debate over LWOP as a global replacement for the death penalty and a form of "extreme" punishment of its own accord. [ABSTRACT FROM AUTHOR]

While the subject of populism receives increasing scholarly attention from both political scientists and criminologists, so far these two bodies of literature have existed mostly in isolation of each other. This paper aims to connect them by investigating whether parties that political scientists describe as populist are likely to evince positions on criminal justice that criminologists describe as populist. Relying on a secondary data analysis comparing mainstream right-wing and populist right-wing parties for 131 elections in 24 countries since 1973, this paper concludes that the populist right on average expresses slightly more support for penal populism than the mainstream right, but that its positioning is crucially shaped by considerations relating to issues of immigration and multiculturalism. These findings suggest that most contemporary populist parties on the right primarily pursue a nativist agenda and will only invoke penal populism when it fits this overall strategy. [ABSTRACT FROM AUTHOR]

The period of the early twentieth century is marked by an intense struggle on the part of women to gain access to professional careers and the public sphere. This paper contributes to a wider discourse on women's professionalisation, by focusing specifically on women's access to legal professions and the role archiving played in that process in the years preceding the Sex Disqualification (Removal) Act 1919 in light of the Police Court Rota, run by the Association for Moral and Social Hygiene (AMSH). The members of the Rota acted as observers in criminal cases, interviewers, writers and activists at the time when women were formally excluded from courtrooms and legal life. The paper draws extensively from the archives of the AMSH and National Vigilance Association and argues that observations, legal record creation and archiving gave middle-class women volunteers access to legal professions and power, despite formal exclusions. These records and collections, in part, counter law's missing archive on women and criminal justice. This paper examines what these counter archives tell us about exclusion of women from legal history and the role archiving played within women's professionalisation, and in turn, how class and colonial bias manifested within that process of archive creation. [ABSTRACT FROM AUTHOR]

Introduction: This paper explores the fate of South Australia's highly regarded Police Drug Diversion Initiative over the past 10 years. Methods: The paper uses historical and legal analysis, including publicly available data as to rates of drug use, arrests and diversions, media reports, legislation and Hansard debates. Results: In the mid‐2010s, amidst growing anxiety about levels of amphetamine‐type stimulants use in Adelaide, a coroner's report became the poster child for what was seen by the Liberal opposition as the excessive leniency and 'waste of resources' of the Police Drug Diversion Initiative. Despite being universally praised for its efficacy, the Liberal government, when elected, passed amendments to the legislation which 'capped' diversions at two. This ended the period in which diversions from criminal to social justice systems was mandatory for all persons charged with simple drug possession. But since then, the diversion rate in South Australia has plummeted in ways that cannot be explained merely because of these amendments. Discussion and Conclusions: The most highly regarded scheme for diversion of minor drug offenders to treatment is no longer effective. Indeed, the best scheme in the country may now be the worst. The essay draws attention to a catastrophe whose extent is not yet fully appreciated and suggests ways in which we can begin to explain why such a small change has had such dramatic and unforeseen consequences. Like some sort of perverse alchemy, Australia's gold standard for drug diversion has been turned into lead. [ABSTRACT FROM AUTHOR]

The electronic monitoring of offenders is an increasingly popular technique in the criminal justice system. Worldwide, these systems are effectively utilized to monitor individuals on probation as they serve their sentence within the community. The use and significance of electronic monitoring systems are increasing day by day in Türkiye. This paper presents a complete ensemble empirical mode decomposition with adaptive noise and kernel-based meta-extreme learning machine hybrid forecasting model using data on active offenders convicted of different crimes between 2013 and 2021 in Türkiye. Thanks to the proposed model, it is aimed to plan the equipment that will be needed and to provide optimal system management by observing the development of electronic monitoring systems in Türkiye. To validate the proposed model, it is compared with some state-of-the-art models. The superiority of the proposed model is shown using some performance metrics. Moreover, the current status of electronic monitoring systems in Türkiye from the past to the present is shown statistically. While most studies on electronic monitoring focus on its financial or legal dimension, this paper uses a data-driven forecasting approach for optimal planning. [ABSTRACT FROM AUTHOR]

This paper explores the lived experience of forgiveness and uniquely its potential for discovering and negotiating new identities for people dealing with their addiction to substances, within the context and demands of English drug policy. Little research has focused on the development of shared meanings of forgiveness in relation to the social relationships impacted by addiction, and this paper seeks to promote such work. The paper is emergent from a co-production project examining forgiveness and its relationship to identity with Pushing Change a peer community for addressing substance misuse. Identity is at the heart of debates concerning drug addiction and criminal justice, however, little attention has been paid to the ways in which interventions shape individual identity, and the meanings of those relationships to the wider community. Through developing an understanding of forgiveness this project identified generative principles that allowed for new ways of thinking and practising forgiveness in relation to addressing substance misuse and the criminal justice system. [ABSTRACT FROM AUTHOR]

Legal psychology is field of research which seeks to bring evidence-based practice to the vital work of the criminal justice system. This research is increasingly being conducted and its findings applied around the world. However, worldwide legal systems and their processes can vary greatly. In the current paper, we summarise discussions between legal psychology academics and criminal justice practitioners from Japan. Together, we examine how practices in the Japanese criminal justice system interact with the international evidence base for psychologically-informed 'best practice' approaches. Our discussion targets areas of popular study in legal psychology, focusing on concealed crime knowledge detection, line up identification procedures, and investigative interviewing of witnesses, suspects, and victims. Each section features a description of current Japanese practice, followed by a review of the current state of the relevant academic legal psychological literature. We then connect this practice and research synergy to a reflection with suggestions for future research. Taken together, our paper acts as a conduit to incentivise more research and practice collaboration for Japanese and non-Japanese audiences and presents opportunities for collective international legal psychology. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to present a mixed methods study of child criminal exploitation (CCE), particularly in the form of "county lines", in three local authorities in southeast England. The data is analysed using a framework constructed from two relevant contextual and relational theories to understand experiences of CCE and the safeguarding responses undertaken to protect young people from harm. Design/methodology/approach: Data were drawn from a survey (n = 118); interviews (n = 5) and focus groups (n = 15) with professionals; interviews with parents (n = 4); and from secondary analysis of eight interviews with young people affected by criminal exploitation. The analytic framework was applied to the data to answer two research questions: what is the role and significance of young people's interactions with peers, parents and professionals in their CCE trajectories; and how do professionals understand and address risks within contexts in which young people are exposed to CCE? The mixed methods data collected by the authors were coded and analysed using this framework. Findings: Although professionals were aware of contexts and relational power dynamics, the situated and temporal nature of CCE remained overlooked within safeguarding systems. Professionals required more space, time and support to fully and flexibly engage with young people and their families to increase safety. Originality/value: There is limited research available that critically examines safeguarding responses to CCE in diverse geographic and cultural contexts. This paper contributes a critical account of how professionals might create connections and opportunities for change with young people, identifying structural constraints within practice systems alongside emerging examples of effective practice. [ABSTRACT FROM AUTHOR]

The third-party doctrine permits the government to collect consumer records without implicating the Fourth Amendment. The doctrine strains the reasoning of all possible conceptions of the Fourth Amendment and is destined for reform. So far, scholars and jurists have advanced proposals using a cramped analytical model that attempts to balance privacy and security. They fail to account for the filterability of data. Filtering can simultaneously expand law enforcement access to relevant information while reducing access to irrelevant information. Thus, existing proposals will distort criminal justice by denying police a resource that can cabin discretion, increase distributional fairness, and exculpate the wrongly accused. This Article offers the first comprehensive analysis of third-party data in police investigations by considering interests beyond privacy and security. First, it shows how existing proposals to require suspicion or a warrant will inadvertently conflict with other constitutional values, including equal protection, the First Amendment, and the due process rights of the innocent. Then, it offers surgical reforms that address the most problematic applications of the doctrine: suspect-driven data collection and bulk data collection. Well-designed reforms to the third-party doctrine will shut down the data collection practices that most seriously offend civil liberties without impeding valuable, liberty-enhancing innovations in policing. [ABSTRACT FROM AUTHOR]

This article considers the law of confessions in England and the United States of America Supreme Court's Fourteenth amendment cases, with a focus on suspects who are vulnerable. The question that is asked in the piece of work is whether the English statutory provisions and the decisions of the US Supreme Court provide sufficient protection to vulnerable suspects who falsely confess to crimes. A novel approach is adopted with this comparative analysis as it extends the knowledge base by examining vulnerability and the law of confessions within two jurisdictional parameters. A further contribution to knowledge can be seen as the paper provides a bespoke piece of legislation that affords protection to such individuals, and thereby adds to the current debate on vulnerability in the criminal justice system. Firstly, the work critically examine why vulnerable suspects will falsely confess to criminal acts. It will be established that vulnerable suspects may confess even if they have not been coerced, and this will be the foundational basis for the suggested reform: a vulnerable suspects confession should be excluded as a result of their characteristics or that such individuals should be provided with mandatory legal advice. The focus will then turn to the extant position in England, where it will be revealed that confessions will be excluded if they have been obtained by unfair practices or through inhumane or degrading treatment. It will also be recognised that the English jurisdiction affords limited protection to vulnerable suspects even though they are entitled to legal advice and an appropriate adult being present. The US Supreme Court's position will then be evaluated by chronologically critiquing the use of the due process clause in cases of confessions. It will be identified that the vulnerability of the individual can be considered in determining whether a confession should be excluded but cannot be utilised in isolation of other factors. The two jurisdictions will then be critically compared and the positive and negative aspects of the law in the jurisdictions will be evaluated. It will be established that neither England nor the US Supreme provides sufficient protection to vulnerable suspects and the law requires further refinement, by placing priority on mandatory legal advice and/or an opportunity to exclude the confession. A de novo remedial statutory provision for England is provided as an effective solution to the issue of vulnerability and false confessions. [ABSTRACT FROM AUTHOR]

Accessible Summary: What is known on the subject?: Seclusion is a harmful and traumatising intervention for people accessing mental health services.People who are subject to seclusion in inpatient mental health services often first experience this within the first 24 h following admission.There is limited research examining how recent contact with services impacts the likelihood of seclusion when people are admitted to inpatient services. What the paper adds to existing knowledge?: Males, Māori and Pasifika experience higher rates of seclusion within the first 24 h following inpatient admission.People perceived by clinicians as overactive, aggressive, disruptive or agitated are seven times more likely to be secluded within the first 24 h.People referred from police or justice services are three times more likely to be secluded within the first 24 h.People who had frequent contact with community mental health services prior to inpatient admission were less likely to be secluded. What are the implications for practice?: The first 24 h of inpatient admission is a critical focus for eliminating the use of seclusion. Initial interactions with people recently admitted should focus on nurturing relationships and reducing distress.Mental health staff should consider the person's cultural needs, referral pathway, recent service contact and baseline ratings on the Health of the Nation Outcomes Scales (HoNOS) when working proactively to prevent the use of seclusion in the first 24 h following admission.Strengthening the focus on nurturing relationships, cultural understanding and non‐coercive de‐escalation approaches requires leadership support and strategic workforce development. Introduction: People who experience seclusion in inpatient mental health services often do so within the first 24 h following admission. There is limited research examining the potential contributing factors, particularly recent contact with services. Aim/Question: To identify factors associated with seclusion within the first 24 h following admission into acute inpatient mental health services. Method: A retrospective analysis was undertaken using routinely collected data from Aotearoa New Zealand mental health services. Results: A higher likelihood of seclusion within the first 24 h following admission was associated with: males, Māori, Pasifika, referrals from police/justice services, inpatient transfers, recent contact with crisis assessment teams and clinician perceptions of aggression, problematic substance use, cognitive problems and hallucinations or delusions. Recent contact with community mental health services was associated with a lower likelihood. Discussion: People's cultural needs, referral pathway, recent service contact and HoNOS scores should be considered when working to prevent the use of seclusion in the first 24 h following admission. Implications for Practice: The first 24 h following inpatient admission is a critical period for preventing the use of seclusion. Nurturing relationships, cultural understanding and use of non‐coercive de‐escalation approaches can support better outcomes for people recently admitted. [ABSTRACT FROM AUTHOR]

In China, the police have been the single dominant player in criminal cases, while the procuracy and the courts have played only complementary roles. More often than not, as long as the police have launched a criminal investigation, the procuracy will prosecute the targeted person and the courts will return a guilty verdict. In the shadow of policing power, the Chinese criminal justice system operates with unique characteristics, with both the procuracy and the courts mostly coordinating with the police to address crime, but rarely practising 'mutual constraint'. If a criminal prosecution encounters an irregularity, the three agencies coordinate with one another first and seek a solution that benefits all. Under this operational mode, both defendants and their lawyers are entirely excluded from the core decision-making process of the criminal justice system, in which they have no choice but to passively accept the result of the coordination between the police, the procuracy and the courts. Through an analysis of courtroom discourses, this paper unfolds the dynamics of criminal trials and the interactions between the defence, prosecutors and judges. [ABSTRACT FROM AUTHOR]

Background: Youth violence and knife crime is increasing dramatically, so much so it has been described as a global epidemic. The social, economic and political forces fuelling this rise mean that minority groups are particularly affected. Aim: This paper reviews the literature primarily from a UK perspective, and illustrates the disparate factors that are influencing the rise in youth violence and knife crime and illustrates the complexities of integrating the perspectives of different disciplines into coherent intervention strategies. Method: We conducted a systematic review of the literature that explores both the causes of increasing youth violence and knife crime as well as some of the interventions that have attempted to deal with the problem. Results: A complex interplay of social, economic, mental health and political factors underpin the increase in youth violence and knife crime. An uneasy tension exists between a traditional criminal justice system-based approach based upon deterrence and punishment, and a more liberal preventative model focusing on adolescent mental health. None of the interventions thus far have been particularly effective. Conclusion: Youth violence and knife crime is a global social issue that causes untold suffering to individuals, families and communities as well as fear that reverberates through society. Interventions have often been devised through the lens of particular disciplines or ideologies. Integrating these perspectives into a coherent approach that is actually effective demands greater co-operation, dialogue and mutual understanding between disciplines and agencies, as well as a robust framework for the evidence-based assessment of outcomes. [ABSTRACT FROM AUTHOR]

Young people's voices detailing how they experienced engagement with the criminal justice system following child sexual abuse, what was helpful or unhelpful and how services can be improved to minimise secondary victimisation and maximise the potential for healing are largely absent from the research literature. This paper draws on semi‐structured interviews with a culturally diverse sample (n = 47) of young people aged 14 to 25 across Ireland and Canada about their experiences of disclosure and engagement with systems. Data were collected pertaining to experiences engaging with law enforcement personnel using thematic analysis with a trauma‐informed lens. The research identified three key themes: the importance of feeling safe through kindness, transparency and being believed; the importance of having a say; and the importance of timely court processes. The study builds on the small body of qualitative research illustrating young people's lived experiences of engaging with the criminal justice system and provides empirical support for promoting a trauma‐informed approach in how police engage with young people. Guidance is offered for police professionals on how to engage with adolescents following sexual abuse. [ABSTRACT FROM AUTHOR]

This paper presents an empirical study of femicide and intimate partner violence (IPV) in Israel during 2020, the first year of the COVID-19 pandemic compared to previous years. Studies worldwide found elevated IPV during 2020 and a mixed picture of femicide, as both increases and decreases were reported, depending on the country. In Israel, the media reported a growth in IPV and femicide. However, no comprehensive empirical comparison of femicide and IPV during the lockdown months in 2020 in comparison to previous years was conducted. The current study fills this gap, comparing the 2014–2020 period in terms of IPV and femicide to determine whether the first pandemic year was unusual in terms of femicide and IPV. Data were collected from news websites, the Knesset (Israeli parliament) report, and annual public police reports to break down case-by-case femicide reports. The findings show a growth in femicide and IPV in the pandemic's first year, compared to 2019. However, compared to previous years, 2020 was not unusually high in terms of femicide. However, IPV was higher in 2020 than that in previous years. Hence, the media claims about the pandemic's elevated risk of femicide and IPV are only partially true. [ABSTRACT FROM AUTHOR]

During the COVID-19 pandemic, stay-at-home restrictions significantly changed people's daily lives around the world. Opportunity and strain theories predict this would lead to an increase in intimate partner abuse (IPA), including intimate partner homicide (IPH). This paper applies an alternative theoretical framework—situational action theory (SAT)—to explain mixed findings regarding changes in IPA and unexpected findings regarding (a lack of) changes in IPH. It is argued that SAT may contribute to explaining the impact of stay-at-home restrictions on IPA and IPH in three important ways: 1. by addressing the fact that motivation is necessary but not sufficient for explaining action and better specifying how motivation translates into IPA and IPH; 2. by addressing the fact that people perceive different alternatives for action and better specifying why some people come to see IPA and IPH as acceptable action alternatives; 3. by addressing the fact that exposure affects people differently and better specifying how stay-at-home restrictions shaped people's activity fields and, in turn, their perceptions and action choices. [ABSTRACT FROM AUTHOR]

The First Information Report (FIR) serves as the foundation for criminal trials. The Station House Officer(s) (SHO) of the investigation agency is under an obligation to promptly register an FIR whenever any information regarding the commission of a cognizable offence comes to their knowledge, whether orally or in writing. However, they often refuse to do so or delay its registration. Consequently, victims or informants must resort to courts against this action of SHO. This research paper deals with a very important legal question: whether an SHO can refuse or delay the registration of an FIR in a cognizable offence. It also explores whether an SHO can inquire into the truthfulness of the information without first registering it. This research concludes that SHOs have no discretion in this matter. The informant or victim has the right to register an FIR. This should be accepted by the investigation agency. They need to be trained. Its recognition should be unequivocally declared by police authorities through issuing necessary directions to SHOs. Online FIR system can be a vital solution. These steps are sin qua non to ensure fair trials in the criminal justice system (CJS) of Pakistan. [ABSTRACT FROM AUTHOR]

This paper delves into the intricate dynamics between crime and human rights, emphasizing the comprehensive impact on victims, accused individuals, and the broader societal fabric. In the wake of criminal activities, victims often face a dual plight: the initial infringement of their rights and subsequent challenges navigating the justice system. Simultaneously, the rights of the accused, particularly concerning fair trial and presumption of innocence, are at risk of being compromised. The societal aftermath of crime can lead to heightened insecurity, stigmatization of groups, and an erosion of trust in public institutions, prompting measures that may infringe upon civil liberties. Through the lens of international human rights law, case studies, and rehabilitation initiatives, this research article aims to chart a course from the violation to the vindication of human rights post-crime. It proposes a multifaceted approach involving legal reforms, victim support, restorative justice practices, and the safeguarding of accused rights. This framework seeks not only to address the immediate effects of crime but also to restore social harmony and trust in the justice system, underpinning the development of a just and equitable society. [ABSTRACT FROM AUTHOR]

This Note analyzes the learning objectives, casebook readings, and supplemental sources that thirteen criminal law professors assigned over fifteen years and argues that the current approach to teaching criminal law is complicit in perpetuating the injustices of the American criminal legal system because it fails to adequately interrogate the carceral state and does not prepare students to become ethical practitioners or policymakers of criminal law. This paper calls for a fundamental rethinking of the purpose of teaching criminal law and recommends a reform orientation, which could be implemented through a variety of course structures. [ABSTRACT FROM AUTHOR]

Background: This article aims to explore the complex intersection of transgender people’s identities within Pakistan’s criminal justice system; a nation in South Asia with a vast population of around 220 million. Aim: This paper aims to explore the myriad challenges faced by transgender individuals when they navigate the realms of justice, encompassing encounters with community people, law enforcement, experiences within the prison system, interactions with prosecution, and engagements with the judicial process in Pakistan. Method: Employing a qualitative research methodology, this study draws on one set of semi structured interviews with ten members of the Khawaja Sara communities, representing transgender individuals, within their residential spaces in Peshawar. Findings: Through the lens of an intersectional framework, the study’s findings demonstrate the fragile nature of the criminal justice system in Pakistan as it fails to provide justice to transgender people and to safeguard their lives in Peshawar. Conclusion: The study demonstrates entrenched issues like transphobia, cisgenderism, and cisnormativity in the criminal justice system of Pakistan, contributing to suboptimal case handling and the exacerbation of hate crimes against the Khawaja Sara communities in Peshawar. Consequently, a considerable number of cases involving transgender individuals either go unreported or witness the voluntary withdrawal of First Information Reports (FIRs), perpetuating a cycle of impunity and significantly compromising the pursuit of justice in Peshawar, Pakistan. [ABSTRACT FROM AUTHOR]

This paper examines the multilayered dynamics behind the drivers of overdose deaths, criminal legal-system involvement, and the drug war infiltration of people's everyday lives—especially for people under community supervision. While incarceration receives more media and academic attention because of its particular cruelty, almost twice as many people—3.7 million, or one in every sixty-nine U.S. adults—are under community supervision. Probation and parole are commonly understood as "alternatives to incarceration" or "lenient sentences," but people on supervision must endure constant monitoring, perpetually under the threat of incarceration. Drug war policies and practices have profoundly shaped probation and parole. Regardless of someone's original sentence, abstinence from drugs, drug testing, submission to warrantless searches, and court-ordered treatment are routine features of supervision. The putative goal of community supervision is to ensure successful reintegration; yet drug war surveillance enacts extensive barriers, while not reducing drug use or drug-related harms like overdose. In order to ensure health, financial security, and overall well-being of those under supervision, policymakers, probation and parole officers, clinicians, service providers, and researchers must work to identify and remove barriers to care, including routine drug testing, substandard or forced substance use disorder treatment, and poor-quality services and support. [ABSTRACT FROM AUTHOR]

Criminal justice systems have traditionally relied heavily on human decision-making, but new technologies are increasingly supplementing the human role in this sector. This paper considers what general limits need to be placed on the use of algorithms in sentencing decisions. It argues that, even once we can build algorithms that equal human decision-making capacities, strict constraints need to be placed on how they are designed and developed. The act of condemnation is a valuable element of criminal sentencing, and using algorithms in sentencing – even in an advisory role – threatens to undermine this value. The paper argues that a principle of "meaningful public control" should be met in all sentencing decisions if they are to retain their condemnatory status. This principle requires that agents who have standing to act on behalf of the wider political community retain moral responsibility for all sentencing decisions. While this principle does not rule out the use of algorithms, it does require limits on how they are constructed. [ABSTRACT FROM AUTHOR]

Purpose: The UK Mental Health Act (MHA) Reform (2021) on race and ethnicity promotes new governmental strategies to tackle inequalities faced by ethnically racialised communities detained under the MHA. However, there is a scarcity in personality disorder and ethnicity research. This study aims to investigate what is available in the UK in relation to prevalence, aetiology and treatment provisions of personality disorder for ethnically diverse patients, and to understand their interconnectedness with mental health and criminal justice service provisions. Three key areas of investigations were reviewed, (1) UK prevalence of personality disorder amongst ethnically diverse individuals; (2) aetiology of personality disorder and ethnicity; (3) treatment provisions for ethnically diverse individuals diagnosed with personality disorder. Design/methodology/approach: A scoping study review involved a comprehensive scanning of literature published between 2003 and 2022. Screening and data extraction tools were co-produced by an ethnically diverse research team, including people with lived experience of mental health and occupational expertise. Collaborative work was complete throughout the review, ensuring the research remained valid and reliable. Findings: Ten papers were included. Results demonstrated an evident gap in the literature. Of these, nine papers discussed their prevalence, three papers informed on treatment provisions and only one made reference to aetiology. This review further supports the notion that personality disorder is under-represented within ethnic minority populations, particularly of African, Caribbean and British heritage, however, the reasons for this are multi-facetted and complex, hence, requiring further investigation. The evidence collected relating to treatment provisions of personality disorder was limited and of low quality to reach a clear conclusion on effective treatments for ethnically diverse patients. Originality/value: The shortage of findings on prevalence, aetiology and treatment provisions, emphasises the need to prioritise further research in this area. Results provide valuable insights into this limited body of knowledge from a UK perspective. [ABSTRACT FROM AUTHOR]

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, "patterns"-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a "patterns" account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like slavery or Jim Crow. While a "patterns" account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. [ABSTRACT FROM AUTHOR]

Background: Given the developmental vulnerability of justice-involved youth, providing a safe environment in secure facilities is a paramount, yet challenging task. Within this complexity, a sound security framework is key. The security framework exists on three dimensions: physical, procedural and relational security. Existing knowledge points at the importance of a shift in focus on physical and procedural security towards relational security as the core of the security framework. At the same time there is a dearth of knowledge on relational security, particularly in the context of youth justice. This paper explores relational security and its working mechanisms in practice. Methods: This paper draws on findings of a comprehensive three-year evaluation of three small-scale, community-embedded facilities that are grounded in relational security. The approach of the evaluation was derived from action research, involving a cyclic process alternating between action, research and critical reflection, while engaging all stakeholders in the research process. The action research cycle involved qualitative research (a total of 63 semi-structured interviews) incorporating the perspective of staff, youth and parents. Results: Relational security is grounded in three distinct, but interrelated, elements – staff's basic attitude, a constructive alliance between staff and youth, staff presence – and promotes a safe and therapeutic environment through several mechanisms. Conclusions: Relational security can be defined in a practical conceptualization; outlining a way of working that guides staff in how to establish a safe and therapeutic environment in secure facilities. This conceptualization finds support in the well-established literature covering the therapeutic alliance and can be substantiated by two aligning theories concerning youth justice strategies: social-ecological theory and self-determination theory. Relational security is not only a way of working, but also a way of being. It encompasses a vision about security and mentality towards justice-involved youth that sees them not merely as 'risks to be managed', but primarly as 'resources to be developed'. [ABSTRACT FROM AUTHOR]