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2. A History of Crime in Australia: Australian Underworlds: By Nancy Cushing. London: Routledge, 2023. Pp. 234. A$55.99 paper.
- Author
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Ingram, Caroline
- Subjects
- *
HISTORY of crime , *LEGAL history , *CRIMINAL justice system , *ACTUAL innocence ,AUSTRALIAN history - Abstract
"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]
- Published
- 2024
- Full Text
- View/download PDF
3. Decolonizing Policy Research as Restorative Research Justice: Applying an Indigenous Policy Research Framework (IPRF).
- Author
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Ahmed, Binish
- Subjects
DECOLONIZATION ,INDIGENOUS peoples ,RESTORATIVE justice ,CRIMINAL justice system ,RESEARCH methodology - Abstract
What is required to decolonize policy research in doing knowledge production about Indigenous peoples? Policy studies has been complicit in maintaining a central methodological policy research problem: the ongoing prevalence of hegemonic imperial and colonial knowledge production practices in relation to Indigenous peoples. This problem persists through policy researchers producing anti-Indigenous genocidal native-place-invisibilization in scholarship. Ambiguous relationality is another mechanism through which elimination of the natives takes place in research – it is when researchers deliberately/unintentionally omit naming and visiblizing their positionality in relation to the native-places the researchers are working with. Undoing harms emerging from native-place-invisibilization and ambiguous relationality requires a 'grounded normativity' oriented native place consciousness, naming and visibilization of the native place(s) the researchers work on/with, respecting sovereign Indigenous research jurisdictions, and applying an Indigenous Policy Research Framework (IPRF). Decolonization as a solution to the policy problem being tackled in this paper looks like counter-hegemonic radical redistribution of power back to the community when conducting Indigenous policy research. The IPRF approach is formulated using a literature review methodology and consists of guiding questions and principles to help steward the processes of decolonizing policy research. The aim is to support the emergence of radically restorative research justice practices and repair historically harmful relations between knowledge-producing systems/institutions and the Indigenous communities about whom the knowledge production is done. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
4. Silencing the 'Guapinol Eight': abuse of the Honduran criminal justice system to unjustly criminalise and punish human rights defenders.
- Author
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Middleton IV, Richard and Sullivan, Lauren
- Subjects
HUMAN rights workers ,CRIMINAL justice system ,MANSLAUGHTER ,INDICTMENTS ,INTERNATIONAL law - Abstract
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]
- Published
- 2024
- Full Text
- View/download PDF
5. Unlocking the black box: analysing the EU artificial intelligence act's framework for explainability in AI.
- Author
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Pavlidis, Georgios
- Subjects
ARTIFICIAL intelligence ,NETWORK governance ,CRIMINAL justice system - Abstract
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]
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- 2024
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6. Introduction to special edition.
- Author
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Carroll, Andrew and Darjee, Rajan
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DECISION making in law ,SEX addiction ,ADDICTIONS ,MENTAL health personnel ,LEGAL professions ,DEVELOPMENTAL psychology ,CRIMINAL justice system - Abstract
Dr Proeve's paper draws upon empirical research and conceptual reasoning to provide the basis for a pragmatic consideration of remorse by both mental health experts and by the courts. The needs of the law pose certain questions that mental health experts may seek to answer; conversely, mental health professionals provide answers that may shape and at times constrain jurisprudence. Since its inception in 1978, ANZAPPL has sought to foster dialogue between legal professionals and mental health professionals. [Extracted from the article]
- Published
- 2023
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7. Turning Point Balancing Free Press and Fair Trial Rights after Sheppard v. Maxwell.
- Author
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COYLE, ERIN K.
- Subjects
SHEPPARD v. Maxwell (Supreme Court case) ,FREE press & fair trial ,FREEDOM of the press ,LAW enforcement officials ,CRIMINAL justice system ,MASS media & criminal justice ,ACTIONS & defenses (Law) - Abstract
In 1966, the US Supreme Court overturned a conviction after pervasive coverage of a crime and court proceedings deprived a defendant's fair trial rights. Two North Carolina judges subsequendy issued a rule of court restricting the information trial participants, court workers, and law enforcement officers couldpublicly release between the time of an arrest and the end of a trial. Journalists indicated a virtual blackout on crime news followed as law enforcement officers cited the rule when refusing to release crime and accident reports. Editors initially presented the rule as a threat to press freedom, which undermined the press' responsibility to scrutinize criminal justice. News editorials criticized the rule, reflecting journalists' fears that the North Carolina experience exemplified the potential for police and judges to create broad blankets of secrecy. Members of the press and bench, however, ultimately came together to address ways to protect free press and fair trial rights. This article uses interviews of Judge E. Maurice Braswell and historical analysis of the archival paper collections ofJudge Raymond B. Mallard, Samuel T. Ragan, and Elmer Oettinger, Jr. This article aims to describe the North Carolina judges'motivation for issuing the order, judges' reactions to the order, press reactions to the order, judges' reactions to that press coverage, and methods that one of the judges and one of the journalists ultimately recommended to address free press and fair trial rights. [ABSTRACT FROM AUTHOR]
- Published
- 2018
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8. Kaupapa Māori concept modelling for the creation of Māori IT Artefacts.
- Author
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Shedlock, Kevin and Hudson, Petera
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MAORI (New Zealand people) ,NETWORK governance ,HTTP (Computer network protocol) ,ARTIFICIAL intelligence ,CRIMINAL justice system - Abstract
This paper introduces a kaupapa Māori model for the creation of Māori Information Technology (IT) artefacts, an alternative Artificial Intelligence (AI) related development to the exciting colonial dominated AI biased systems. In Aotearoa, Māori are overrepresented in underachievement in education, poor health, welfare dependency and incarceration rates (New Zealand Department of Corrections. 2007. Over-representation of Māori in the criminal justice system: an exploratory report. Department of Corrections [updated January 2022; accessed]. https:// www.corrections.govt.nz/__data/assets/pdf_file/0014/10715/Overrepresentation- of-Maori-in-the-criminal-justice-system.pdf.; Maclaurin J, Liddicoat J, Gavighan C, Knott A, Zerilli J. 2019. Government use of artificial intelligence in New Zealand. Wellington, New Zealand: The New Zealand Law Foundation). These disparities are now surfacing in imperial algorithms and exacerbating biased stereotypes in AI systems. We theorise that Kaupapa Māori theory is the foundation for the action of a Kaupapa Māori Modelling IT Artefact that provides solutions to solve whānau, hapū and iwi problems. We reflected on a critical review of selected literature on historical and contemporary Māori leadership and governance to identify elements of mātauranga and tikanga Māori that could enshrine the IT Artefacts. Investigations then took place to seek ways to transfer these elements of mātauranga and tikanga Māori into framed IT Artefacts during the problem initiation stage of the artefact. This paper presents a kaupapa Māori model for the creation of Māori IT artefacts. Whilst no discrete testing was undertaken, the Kaupapa Māori model provides an avenue to pursue an ontological paradigm using cause and effect theory for future research. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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9. Support for vigilantism in cyberspace: exploring procedural justice, distributive justice, and legal legitimacy.
- Author
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Ireland, Leanna
- Subjects
DISTRIBUTIVE justice ,PROCEDURAL justice ,VIGILANCE committees ,CYBERSPACE ,DEVIANT behavior ,CRIMINAL justice system - Abstract
Vigilantism, harmful acts conducted in response to social deviance and criminal activities, are increasingly happening in cyberspace. These cyber acts often have detrimental effects, and efforts at prosecution attempts can be unsuccessful, difficult, or nearly impossible. An understanding of support for cyber vigilantism can help deter activity and mitigate some of the associated harms. The paper, using US-based survey data, tests whether public perceptions of distributive and procedural justice, via perceived legitimacy of the criminal justice system, are associated with support for cyber vigilantism. The findings provide support for the process-based model of legitimacy. Procedural justice is mediated by legitimacy in its influence on support. Distributive justice, however, has a strong direct association with cyber vigilantism support. The paper discusses the implications of the findings for the field of cyber vigilantism. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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10. The State of Authorship in Criminology: Perceptions of Right and Order among Elite Criminologists.
- Author
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Higgins, Ethan M., Swartz, Kristin, and Hayden, Emily A.
- Subjects
CRIMINOLOGY ,CRIMINOLOGISTS ,AUTHORSHIP ,CRIMINAL justice system ,AUTHOR-reader relationships - Abstract
Although journal outlets are beginning to put forth explicit criteria that define authorship, studies have also found that there are nonetheless components of authorship philosophies that remain interactional and culturally defined among members of particular scientific communities. In line with other scientific fields, authorship practices and philosophies are central to publishing in criminology. By drawing from a set of 40 interviews with elite scholars in the field, this paper investigates authorship philosophies prominent in criminology. This paper contributes to knowledge on criminological research practices in two ways. First, this paper contributes to the scant literature on authorship in criminology by investigating cultural definitions of what constitutes authorship right and order. Second, this paper contrasts widespread notions of scientific literate practices as being universal and instead builds on a body of work suggesting that literate practices in scientific communities are culturally defined. [ABSTRACT FROM AUTHOR]
- Published
- 2019
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11. The support and supervision needs of prison officers working within prison environments. An empty systematic review.
- Author
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Forsyth, Joanne, Shaw, Jennifer, and Shepherd, Andrew
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PRISONERS ,PRISON conditions ,PRISONS ,MORALE ,JOB satisfaction ,GREY literature ,CRIMINAL justice system ,MENTAL work - Abstract
Prison is an integral part of the criminal justice system. When we consider prison, we tend to focus on incarcerated prisoners and their needs. The pressures experienced by prison officers, taking care of prisoners, have continued to intensify, causing prison officers to experience high levels of work-related stress, mental and physical ill health and concerns for their own safety. It is therefore surprising the support and supervision needs of prison officers, working with prisoners within prison environments, have been overlooked. A systematic search of literature was conducted using eight electronic databases: Medline, Social Policy and Practice, AMED, PsycINFO, Pub Med, EMBASE, ASSIA and Sage publications. Grey literature was also searched in addition to reference lists of retrieved full articles. All searches were conducted during May 2021. This systematic review did not yield any studies that met all the inclusion and assessment criteria. Although one paper explored the support and supervision practices for prison officers working within specialist prison environments; there were no papers on the support and supervision needs of typical prison officers, working within typical prison environments. The result of this review highlights a major gap in the current literature and in our understanding of the emotional support and supervision needs of all prison officers. It is now imperative that these needs are identified and understood with the aim of providing a planned and consistent model of care, combining emotional wellbeing training, support and supervision that is beneficial and meaningful for all prison officers. In doing so, it is hoped, to increase prison officer morale, reduce physical and mental ill health and lead to greater job satisfaction and retention of prison officers, ultimately, providing a more restorative and supportive prison environment. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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12. Police Court Rota: women's archiving and access to legal life in early twentieth-century England.
- Author
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Lammasniemi, Laura
- Subjects
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TWENTIETH century , *WOMEN'S history , *CRIMINAL justice system , *ARCHIVES , *PROFESSIONALIZATION - Abstract
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]
- Published
- 2024
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13. Responding to English drug policy: the co-production of discovery, forgiveness, and identity.
- Author
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Change, Pushing, Pycroft, Aaron, and Wood, Jasmine
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- *
FORGIVENESS , *DRUG control , *DRUG addiction , *CRIMINAL justice system , *SOCIAL isolation - Abstract
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]
- Published
- 2024
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14. Forgotten voices: the plight of prisoners' families.
- Author
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Gilani, Ajaz Ahmad
- Subjects
CRIMINAL justice system ,PRISONERS ,FAMILIES ,DAMAGES (Law) ,COMMUNITIES - Abstract
Social science researchers as well as legal practitioners in India are yet to explore how imprisonment of a person affects his or her entire familial set-up. The existing literature suggests myriad problems associated with the imprisonment of a family member, categorized under social, economic and psychological arenas. Methodologically, the present paper is based on ethnographic fieldwork conducted from March 2012 to February 2013 in Central Jail, Srinagar, with prisoners and their families. This paper primarily attempts to explore how imprisonment affects the families of prisoners? It also attempts to explore how families respond to the imprisonment of their family member, their coping patterns, their encounter with the wings of criminal justice system and other collateral damages. The study yielded multiple results ranging from disturbances in socio-economic affairs to disputes in inter-familial and intra-familial relationships and weakening of community ties besides other socio-economic disturbances. [ABSTRACT FROM AUTHOR]
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- 2023
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15. Strategic or communicative partnerships? Insights from sports programmes in the criminal justice sector.
- Author
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Morgan, Haydn and Baker, Colin
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STRATEGIC alliances (Business) ,CRIMINAL justice system ,CRIME prevention - Abstract
The concept of partnership working has gained traction as an alternative form of governance to address complex and multifaceted problems. The popularity of partnerships is also evident within the sport and physical activity sector, where their inclusion has become a staple of initiatives that utilise sport as a mechanism for development and to address social ills. This includes the issue of youth crime, where partnership working has become embedded as a key component of crime prevention and desistance strategies. While partnership working has become one of the most overused terms in contemporary policy, the failure to adequately grasp its meaning and to identify which aspects might usefully support it effectiveness is a long-standing problem. This paper adopts McDonald's (2005) theoretical framework, which draws a distinction between strategic and communicative partnerships, to examine the partnership workings of a UK organisation that seeks to build a better and safer society through the use of sport in the criminal justice system. Drawing upon qualitative data collected from the stakeholders of this organization (n=35), the paper presents insights into some of the tensions and challenges experienced by participants during the formation of operational partnerships and explores how these factors result in the development of either strategic partnerships, dominated by goal-attainment, instrumentalism and managerial authority; or communicative partnerships, where co-operation is central to the achievement of objectives. [ABSTRACT FROM AUTHOR]
- Published
- 2021
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16. Justice by Algorithm: The Limits of AI in Criminal Sentencing.
- Author
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Taylor, Isaac
- Subjects
- *
CRIMINAL sentencing , *ARTIFICIAL intelligence , *CRIMINAL justice system , *RESPONSIBILITY , *ALGORITHMS , *PUNISHMENT - Abstract
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]
- Published
- 2023
- Full Text
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17. Non-Ideal Victims or Offenders? The Curious Case of Pyramid Scheme Participants.
- Author
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Hock, Branislav and Button, Mark
- Subjects
PYRAMIDS ,MULTILEVEL marketing ,CRIMINALS ,VICTIMS ,CRIMINAL justice system - Abstract
Pyramid schemes, including their various forms such as chain letters and illegal forms of multi-level marketing, harm people that are often far from ideal victims. While many lose cash and suffer emotional, health, and other harms; victims also facilitate pyramids by actively recruiting new victims and turning them into more recruiters ad nauseam. Research in this area is, however, small. This paper seeks to add to this small body of research by constructing a typology of actors in pyramid schemes being inspired by concepts of ideal victim and non-ideal victim and building upon the characteristics of pyramid schemes. It provides a unique insight into a complex network of relationships featured by pyramid schemes and contentious areas between victims and perpetrators of economically motivated crimes and wrongs. The paper presents policy implications and argues more research is needed on this group and their needs as they are often neglected by the criminal justice systems. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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18. An Exploratory Examination of the Impact of the Inside-Out Prison Exchange Program.
- Author
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Hilinski-Rosick, Carly M. and Blackmer, Alicia N.
- Subjects
EDUCATION of prisoners ,INSTITUTIONAL schools ,CORRECTIONAL facility operation services ,CRIMINAL justice system ,SELF-efficacy in students - Abstract
The purpose of this paper is to explore the feelings and reactions of university students enrolled in the Inside-Out Prison Exchange Program. Inside-Out is a nationally recognized program that has provided the framework for college courses to take place inside the walls of prisons and jails. Both college and university students and residents of correctional facilities take a college-level course, together, inside a correctional facility. Throughout the semester, students are required to write reflection papers that detail their observations, analyses, and reactions to the class sessions. The current research analyzed these papers to explore how the course was impacting students. Findings indicate that students had a wide range of reactions to the course, and often found themselves questioning their beliefs, punishment philosophies, and thoughts on the criminal justice system as a whole and the corrections system specifically. [ABSTRACT FROM PUBLISHER]
- Published
- 2014
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19. Substance use policy and practice in the COVID-19 pandemic: Learning from early pandemic responses through internationally comparative field data.
- Author
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Aronowitz, Shoshana V., Carroll, Jennifer J., Hansen, Helena, Jauffret-Roustide, Marie, Parker, Caroline Mary, Suhail-Sindhu, Selena, Albizu-Garcia, Carmen, Alegria, Margarita, Arrendondo, Jaimie, Baldacchino, Alexander, Bluthenthal, Ricky, Bourgois, Philippe, Burraway, Joshua, Chen, Jia-shin, Ekhtiari, Hamed, Elkhoy, Hussien, Farhoudian, Ali, Friedman, Joseph, Jordan, Ayana, and Kato, Lindsey
- Subjects
HEALTH policy ,FIELD research ,WELL-being ,AFFINITY groups ,DRUG addiction ,SUBSTANCE abuse ,CORRECTIONAL institutions ,RESEARCH methodology ,CONVALESCENCE ,DRUG overdose ,PUBLIC health ,INTERVIEWING ,MEDICAL care ,QUALITATIVE research ,ETHNOLOGY research ,HARM reduction ,QUESTIONNAIRES ,INTERPROFESSIONAL relations ,COMMUNITY-based social services ,DESCRIPTIVE statistics ,RESEARCH funding ,INTERNATIONAL agencies ,PUBLIC welfare ,COVID-19 pandemic ,DRUG abusers ,DELPHI method ,SOCIAL case work ,CRIMINAL justice system - Abstract
The COVID-19 pandemic has created an unprecedented natural experiment in drug policy, treatment delivery, and harm reduction strategies by exposing wide variation in public health infrastructures and social safety nets around the world. Using qualitative data including ethnographic methods, questionnaires, and semi-structured interviews with people who use drugs (PWUD) and Delphi-method with experts from field sites spanning 13 different countries, this paper compares national responses to substance use during the first wave of the COVID-19 pandemic. Field data was collected by the Substance Use x COVID-19 (SU x COVID) Data Collaborative, an international network of social scientists, public health scientists, and community health practitioners convened to identify and contextualise health service delivery models and social protections that influence the health and wellbeing of PWUD during COVID-19. Findings suggest that countries with stronger social welfare systems pre-COVID introduced durable interventions targeting structural drivers of health. Countries with fragmented social service infrastructures implemented temporary initiatives for PWUD led by non-governmental organisations. The paper summarises the most successful early pandemic responses seen across countries and ends by calling for greater systemic investments in social protections for PWUD, diversion away from criminal-legal systems toward health interventions, and integrated harm reduction, treatment and recovery supports for PWUD. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
20. Criminal justice responses to domestic violence and abuse in England: an analysis of case attrition and inequalities using police data.
- Author
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McPhee, D., Hester, M., Bates, L., Lilley-Walker, S. J., and Patsios, D.
- Subjects
DOMESTIC violence ,CRIMINAL justice system ,CRIMINAL procedure ,POLICE ,VIOLENCE against women ,INTIMATE partner violence ,INCOME inequality ,GRANTS (Money) - Abstract
Responding to domestic violence and abuse (DVA) poses significant challenges for the criminal justice system, with recent studies highlighting a number of significant gaps and failings in the nature of the police response in particular. This paper reports on findings from a component of the multi-stage ESRC funded project 'Justice, Inequality and Gender-Based Violence' (ESRC grant ES/M010090/1) that relates to 400 reported incidents of DVA involving intimate partners recorded by two police force areas in England in 2014. Drawing on this large data set concerning a wide range of incidents, this paper employs quantitative methods to analyse the trajectories of reports made to the police, and the factors that may influence their progress through, or attrition from the criminal justice system. In doing so, this paper finds that certain 'inequality' factors such as victim gender, vulnerability (including mental health) and incident type are found to impact the progression of cases through the criminal justice system. This work seeks to build on our understanding of what happens to incidents of DVA that are brought to the attention of the police by victims and survivors, and reflects upon how the outcomes of such incidents impact the broader debate concerning the pursuit of a formal, or criminal 'justice' in cases of DVA. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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21. They make money off chaos: Understanding racially extractive policing regimes through a subjugated lens.
- Author
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Chaudhary, Mihir, Weaver, Vesla, and Prowse, Gwen
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POLICE ,LAW enforcement ,RACISM ,POLITICAL economic analysis ,CRIMINAL justice system - Abstract
This paper expands our understanding of the lived experience of policing by exploring how people describe and analyze one of its salient aspects: its economic consequences. Despite growing scholarship on predatory policing strategies in the aftermath of the Justice Department's investigation of Ferguson, Missouri, we lack an understanding of how these practices are experienced, theorized, and resisted by policed, race-class subjugated (RCS) communities. How do people narrate, make meaning from, or theorize their material relationship to policing? Do policed publics understand such practices as part of broader processes of racialized governance, political power, and community inequality? Utilizing the Portals Policing Project, we collected the largest contemporary database of narratives about policing, including over 850 dialogues that were qualitatively coded. Using a grounded theory approach we analyzed a subset of dialogues that focus on financial aspects of police, court, and carceral encounters to examine how people discussed their experiences with monetary sanctions and their broader meanings and relationships to racialized political economy and geography. When people analyzed the material dimensions of policing and incarceration, four prominent discursive theorizations emerged: (1) Police and courts deploy a variety of techniques (criminalizing public space, strategic application of child support fees, unfair taxation, among others) to structurally control the flow of RCS resources, often toward the state and non-policed White communities. (2) Such resource flows occur in the broader context of municipal prioritization of police and carceral institutions over schools and social services, which permit and sustain RCS community criminalization, extraction, and reproduction of marginalization. (3) Police construct racialized urban spaces and markets, marking informal RCS economic activity as transgressive and delimiting their expansion. (4) Police surveillance is racially embodied and permeates daily life to restrict individual activity and, indirectly, economic potential. Overall, these narratives center the police and carceral state in processes of materialized race-making—the active reproduction of racial economic inequality and dispossession that goes beyond basic racial disparities in state punishment and revenue generation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
22. ‘Taking time’: Using Archaeology to Develop Policies Around the Mental and Physical Health of Older People in Custody.
- Author
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Schofield, John, Moe-Byrne, Thirimon, and Perry, Amanda E.
- Subjects
- *
CRIMINAL justice system , *HISTORICAL source material , *MENTAL health , *ARCHAEOLOGY , *PRISONS - Abstract
PAMHOP (The
P hysicalA ndM entalH ealth ofO lderP risoners) 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]- Published
- 2024
- Full Text
- View/download PDF
23. Court Delays and Criminal Recidivism: Results from Danish Administrative Data and a Policy Reform.
- Author
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Andersen, Lars Højsgaard
- Subjects
- *
RECIDIVISM , *CRIMINAL courts , *CRIMINAL justice system , *ARREST , *CRIME , *REFORMS - Abstract
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]
- Published
- 2024
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- View/download PDF
24. Sexual Assault Survivors’ Individual and Group Therapy Experiences at Rape Crisis Center.
- Author
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Karakurt, Günnur, Lovell, Rachel, McGuire, Margaret, Çetinsaya, Elif Ezgi, and Mouncey, Kirsti
- Subjects
- *
SEXUAL assault , *GROUP psychotherapy , *RAPE , *CRIMINAL justice system , *PSYCHOTHERAPISTS , *COMMUNITY organization , *CRIMINAL procedure - Abstract
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]
- Published
- 2024
- Full Text
- View/download PDF
25. Beyond survival: strategies and stories from the transformative justice movement: edited by Ejeris Dixon and Leah Lakshmi Piepezna-Samarasinha, Chico, CA, AK Press, 2020, 340 pages, $18.00 (paper).
- Author
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Selman, Kaitlyn J.
- Subjects
RESTORATIVE justice ,CRIMINAL justice system - Abstract
The legitimated response to "crime" - a term that sometimes, but not always, includes harm and violence - is one of punishment, particularly punishment delivered by the criminal "justice" system. The criminal "justice" system has essentially cornered the market on questions (and answers) of justice - justice is its domain. [Extracted from the article]
- Published
- 2020
- Full Text
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26. States of exception as paradigms of government: emergency and criminal justice in Jamaica?
- Author
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Young, Jermaine
- Subjects
CRIMINAL justice system ,JUSTICE administration ,NATION-state ,NATIONALISM ,JURISDICTION - Abstract
Copyright of Canadian Journal of Latin American & Caribbean Studies (Routledge) is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
27. The Tadros Theory of Change with Incarcerated Populations.
- Author
-
Tadros, Eman
- Subjects
TREATMENT of emotional trauma ,SUBSTANCE abuse treatment ,FAMILY psychotherapy ,PRISON psychology ,SOCIAL theory ,FAMILY conflict ,SPOUSES ,SELF-efficacy ,INTIMATE partner violence ,FAMILY systems theory ,FAMILY relations ,OPTIMISM ,PSYCHOLOGICAL resilience - Abstract
An estimated 2.3 million individuals were incarcerated in the U.S. in 2018. This paper displays how The Tadros Theory of Change can be utilized to work with incarcerated individuals and their families. The Tadros Theory is an integrative family therapy theory comprised of a structural conceptualization of rules, roles, boundaries, and structure with narrative methods of empowerment, solution-focused goal-orientation, cultural humility, and a strengths-based approach. The Tadros Theory empowers and aids in identifying clients' positive strengths and resiliency factors. This paper adds to the literature on this theory by introducing the consideration of trauma and substance use which are both extremely prevalent when working with this population. A case application showcases that this theory can be used with an incarcerated father and his non-incarcerated partner. Barriers, clinical implications, and future directions are discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
28. Unintended consequences of drug policies experienced by young drug users in contact with the criminal justice systems.
- Author
-
Moskalewicz, Jacek, Dąbrowska, Katarzyna, Herold, Maria Dich, Baccaria, Franca, Rolando, Sara, Herring, Rachel, Thom, Betsy, Kahlert, Rahel, Stummvoll, Günter, Moazen, Babak, Stöver, Heino, and Pisarska, Agnieszka
- Subjects
SUBSTANCE abuse ,PSYCHOLOGY of drug abusers ,INTERVIEWING ,HEALTH status indicators ,SOCIAL stigma ,PATIENTS' attitudes ,QUALITATIVE research ,GOVERNMENT policy ,INTERPERSONAL relations ,WOUNDS & injuries ,CRIMINAL justice system ,POLICE - Abstract
The aim of this paper is to assess to what extent prohibitive drug policies hamper the management of drug problems from the perspective of young people who have experience with the criminal justice systems (CJS). Qualitative, in-depth interviews were carried out in six European countries (Austria, Denmark, Germany, Italy, Poland, and the UK) following a common interview guide to obtain comparative data on the life trajectories of drug experienced youth. Altogether 198 interviews with people aged 14–25 years were collected and analysed by national teams following a common coding book. Unintended consequences of drug policies for the individual and society were identified. Individual consequences included health consequences and traumatic experiences with law enforcement. Social consequences included those affecting social relations such as stigmatisation and those impacting on institutions, for example, focusing on drug use and neglecting other problems. This paper confirmed earlier research indicating unintended consequences of prohibitive drug policies but also added to the literature its cross-national perspective and use of young people narratives as a source of analyses. There are, however, policy measures available that may reduce the volume and range of unintended effects. Their implementation is crucial to reduce the array of unintended consequences of prohibitive drug policies. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
29. Enhancing Treatment Engagement in "Treatment Resistant" Incarcerated Youth.
- Author
-
Berko, Zoë
- Subjects
JUVENILE offenders ,DELINQUENT behavior ,MENTAL illness treatment ,CRIMINAL justice system ,AT-risk behavior - Abstract
Incarcerated juvenile offenders mandated into treatment in correctional settings are often characterized as "treatment resistant." Despite the extensive literature and increasingly widespread adoption of evidence-based practices that address the treatment needs of this population (e.g., MST, DBT, T-CBT), there is little writing on the actual process of engaging juvenile justice-involved youth in productive therapeutic work. Yet, the stakes of low engagement and failed treatments are high – including chronification of delinquent behavior and risk of becoming further embroiled in the criminal justice system. Drawing on the writer's training in Mentalization-Based Treatment for Adolescents (MBT-A) and Developmental-Relational Therapy (DRT), this paper will discuss population and setting-specific barriers to engagement and use composite case material to outline the "nuts and bolts" of setting up productive treatments with juvenile offenders with histories of developmental trauma including setting the frame, formulating goals, practical tools of engagement, and navigating inevitable ruptures in the therapeutic relationship. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
30. When bad things happen to rotten people: indifference to incidental harms in the criminal justice system.
- Author
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de Vel-Palumbo, Melissa and Berryessa, Colleen M.
- Subjects
CRIMINAL justice system ,APATHY ,PLEASURE ,PSYCHOLOGICAL essentialism ,SOCIAL impact ,PUBLIC opinion - Abstract
When we see others in pain, sympathy is often our instinctive and expected response. Yet in some cases, we may be indifferent to—and even take pleasure in—the suffering of others. Particularly, the public has historically expressed apathy toward and even endorsement of incidental harms experienced by those in the criminal justice system (i.e. catching a disease or experiencing abuse or neglect in custody). In this paper, we propose a new conceptual framework for understanding these views. We contend that people make character-based judgments to justify the incidental suffering of people who have committed crimes. By being in prison, or by having committed a crime in the past, one may be viewed as fundamentally distinct from other citizens—now categorized as a fundamentally "rotten" person who deserves any further suffering they might experience. We explore the nature of incidental harms suffered by those in the criminal justice system, as well as identify potential psychological and cognitive mechanisms that may underlie public indifference to such suffering, including psychological essentialism and immanent justice reasoning. Finally, we outline the legal and social implications of such views, and ultimately, propose ways in which future research might advance knowledge about this phenomenon. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
31. Extent and predictors of work-related distress in community correction officers: a systematic review.
- Author
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Page, Jessica and Robertson, Noelle
- Subjects
CORRECTIONAL personnel ,SECONDARY traumatic stress ,PSYCHOLOGICAL factors ,CRIMINAL justice system ,LAW enforcement ,PSYCHOLOGICAL burnout - Abstract
Research indicates that indirect exposure to trauma can have a detrimental psychological impact on professionals working within, and interfacing with, law enforcement and the criminal justice system. This systematic review aimed to explore the extent and predictors of work-related distress amongst community corrections personnel. A search of five databases identified 19 papers eligible for inclusion; 16 addressed burnout, and the remainder investigated secondary trauma, vicarious trauma and compassion fatigue. Synthesis revealed that community corrections personnel reported burnout at levels akin to those of other professions working in forensic contexts, though reports of secondary trauma appeared higher. Predictive factors encompassed personal, role-based and organisational factors. Research reporting work-related distress in correctional officers is focused on burnout but uses divergent models of stress, reveals methodological weaknesses, and to date has little examined responses to indirect trauma. The limitations of this review are discussed, alongside clinical implications and areas for future research. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
32. South Korea's Responses regarding Mitigating the COVID-19 Crisis behind Bars.
- Author
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Lee, Claire Seungeun
- Subjects
COVID-19 pandemic ,COVID-19 ,PANDEMICS ,CORRECTIONAL personnel ,CRIMINAL justice system - Abstract
As one of the earliest countries to identify cases of COVID-19 infection, South Korea is often considered a success story in responding to the global pandemic. This article examines South Korea's responses in terms of its incarcerated population during the crisis, provides a snapshot of how the coronavirus has impacted prisons, and outlines the mitigation strategies used to create COVID-19-safe spaces in the country. With correction officers being identified as some of the earliest COVID-19 cases in the country, South Korea has striven to manage the coronavirus in correctional facilities as part of the ecosystem of the entire country. This paper discusses South Korea's unique strategy, which focuses less on the size of the prison population and more on treating correction officers and prisoners, who also need to be protected from the virus. In particular, this paper analyzes the multifaceted strategies adopted by South Korea to mitigate the spread of the coronavirus within the criminal justice system, and specifically to protect inmates and correction officers from infection. Strategies centered on public health and human rights were implemented, combined with in-prison strategies, modestly downsizing the prison population and/or maintaining the status quo during the pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
33. Contested experiences and potential justice at the limit of the law for poor urban children in Bangladesh.
- Author
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Shubin, Sergei and Sowgat, Tanjil
- Subjects
POOR children ,URBAN poor ,CRIMINAL justice system ,CRIME ,RESTORATIVE justice ,JUVENILE offenders - Abstract
This paper explores the issues of poor children's criminality, violence and transgression in the context of slums in Bangladesh. It reworks theoretical understandings of the limits that are used to identify children and their transgressive acts in the law. The paper questions the use of the term 'delinquent' children, their position and 'diversion' from crime. It exposes the contested sense of margins that are part of geographies of criminality and childhood constructed in relation to existing orders, shared moralities and values in urban Bangladesh. Drawing on examples from research in slums and detention centres in Bangladesh, it highlights children's experiences of limits, their responses to prohibitions and moral imperatives, and the relationship between order and excess in terms of language and proximity to others. The paper recognises the limitations of the existing collective order and seeks out possibilities for community and justice at the limit of the law. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
34. Statute review Lagos state property protection law 2016.
- Author
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Otubu, Akintunde
- Subjects
CRIMINAL justice system ,COURTS of special jurisdiction ,CRIMINAL law ,TASK forces ,STATUTES - Abstract
The paper reviewed provisions of the Lagos State Property Protection Law in the light of existing criminal legislation with a view to, or otherwise, justifies its enactment within the corpus of administration of criminal justice system; interrogates the efficiency and efficacy of the law against the knowledge of criminal jurisprudence.The paper found that apart from the establishment of a task force unit, the stiff penal provisions, the infusion of restitution remedy and conferment of jurisdiction on Special Offences Court; the provisions of the law are well couched and covered under the existing Criminal law of Lagos State. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
35. Bringing Course Material to Life through Experiential Learning: Impacts on Students' Learning and Perceptions in a Corrections Course.
- Author
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Belisle, Linsey, Boppre, Breanna, Keen, Jaclyn, and Salisbury, Emily J.
- Subjects
EXPERIENTIAL learning ,STUDENT engagement ,UNDERGRADUATES ,CRIMINAL justice system ,FUTURES studies - Abstract
Experiential learning can be an effective practice to improve student engagement, comprehension, and application of course material in criminal justice classrooms. The current study analyzes 33 undergraduate students' reactions to three experiential learning activities in an upper-level corrections course: a jail tour, a formerly incarcerated guest speaker, and/or a documentary on life without parole. As a course assignment, students submitted reflection papers in relation to two of the three activities. Students' blinded papers were then coded and qualitatively analyzed to determine the impacts of experiential learning on connections to the course material and changes in perceptions of incarcerated persons and the correctional system. Three themes emerged from their papers, supporting the use of experiential learning tactics. The ethical concerns of the use of correctional tours are also discussed as well as areas for future research. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
36. Assessing the impact of co-production on pathways to outcomes in public services: the case of policing and criminal justice.
- Author
-
Loeffler, Elke and Bovaird, Tony
- Subjects
MUNICIPAL services ,POLICE services ,CRIMINAL justice system ,QUALITY of life measurement ,COMMUNITY policing ,PRODUCT recovery ,GOVERNMENT policy - Abstract
There has recently been an upsurge of interest in the role of co-production in public services. This paper focuses on how the capabilities of public service users and other citizens can improve the outcomes of public services such as policing and the criminal justice system, where the role of citizens is altering significantly. The paper develops a model of pathways to public service outcomes, showing the connections between citizen co-production and the core activities in policing and criminal justice, in line with the classic public policy model of problem prevention, detection, treatment, support for recovery and rehabilitation, and contribution to higher quality of life outcomes. The paper then explores the empirical evidence from the literature for the impacts of each of the identified pathways to outcomes in this co-production model. The literature review finds some evidence for almost all relationships modeled but also reveals serious limitations in the research base. Finally, the paper provides a conceptual framework for exploring potential dysfunctional implications of co-production of policing and community justice, and summarizes the evidence for this 'dark side' of co-production. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
37. Treating incarcerated lesbian couples with the Tadros Theory of Change.
- Author
-
Tadros, Eman and Smithee, Lauren C.
- Subjects
CHANGE theory ,LESBIAN couples ,FAMILY psychotherapy ,CRIMINAL justice system ,COUPLES counseling - Abstract
Incarceration is a major systemic issue in the United States. Many couples undergo multifaceted, complex changes in their relationship due to incarceration. The purpose of this paper is to explore the usage of the Tadros theory of change, an integrative approach to couple and family therapy, to treat incarcerated lesbian couples. A case application is provided utilizing this integrated family therapy model with a lesbian couple experiencing sexual and relational issues as well as offering clinical implications for future usage. This case emphasized how client's narratives change over time, how the systems in their lives change simultaneously, and the impact of LGBTQ + stigma on couple functioning as they navigate the criminal justice system aids in the exploration of a client's story. Thus, gaining an in-depth understanding of the intersection between complex issues. This paper advocates for the usage of this theory with lesbian couples within the incarcerated context to better treat this underserved population. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
38. Factors to guide the use of extended-release buprenorphine formulations for specific patient populations.
- Author
-
Cuperfain, Ari B., Katznelson, Gali, Costa, Tianna, Wong, Patrick, Beyraghi, Narges, George, Tony P., Lofwall, Michelle R., and Chopra, Nitin
- Subjects
SUBSTANCE abuse ,MEDICAL information storage & retrieval systems ,CONTROLLED release preparations ,IMPRISONMENT ,PSYCHIATRIC treatment ,AT-risk people ,DESCRIPTIVE statistics ,SYSTEMATIC reviews ,MEDLINE ,PATIENT-centered care ,HOMELESSNESS ,CRIMINAL justice system ,BUPRENORPHINE ,PSYCHOLOGY information storage & retrieval systems ,COMORBIDITY ,PATIENTS' attitudes - Abstract
Opioid agonist therapy is first line in the management of opioid use disorder (OUD). Many guidelines support buprenorphine as the optimal treatment due to its preferred safety profile. Extended-release buprenorphine (BUP-XR) is a weekly or monthly subcutaneously administered formulation of buprenorphine. Emerging research has explored the use of BUP-XR in a variety of patient populations to guide clinicians in determining which patients may or may not benefit from BUP-XR. We conducted a literature review in Medline, PsycInfo and Embase to capture the literature to date on BUP-XR. Abstracts were reviewed, and papers which guided selection of individuals who would or would not benefit from BUP-XR were included. Our search returned 359 articles, and 31 met inclusion criteria. Special populations who may benefit from BUP-XR include individuals experiencing homelessness, incarceration, and medical or psychiatric comorbidity, while caution should be used around pregnancy. Patient preference and patient-centered outcomes were recurring considerations to guide the selection of BUP-XR. Extended-release buprenorphine formulations represent a relatively new tool for managing OUD and may specifically benefit patients undergoing transitions in care. Further research on the comparative effectiveness of extended-release versus daily-dosing formulations and in other populations of interest is needed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
39. In the Pursuit of the Constructed Truth: Courtroom Questioning as a Persuasive Genre of Talk.
- Author
-
Li, Kege
- Subjects
- *
CRIMINAL investigation , *POLICE questioning , *CRIMINAL justice system , *JUSTICE administration - Abstract
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]
- Published
- 2024
- Full Text
- View/download PDF
40. Policing mental health? Norwegian police's work with preventing radicalization into violent extremism.
- Author
-
Moum Hellevik, Per, J. Andersen, Arnfinn, and Engh Førde, Kristin
- Subjects
LAW enforcement ,MENTAL health ,RADICALISM ,POLICE ,CRIMINAL justice system ,POLICE attitudes ,POLICE-community relations - Abstract
In this paper, we investigate how mental health-related issues have become part of the Norwegian police's practical work in the prevention of violent extremism (PVE). Through interviews with Norwegian police, we show that mental health issues are a recurring part of their PVE work and that operating in the grey area between policing and health care is challenging. We show that for police, assessing whether extreme views and attitudes are just that – extreme – or indications of mental health issues can be difficult. We also show that the police tend to view mental health issues as one of many factors contributing to violent extremism rather than as a singular, causal factor. We argue for the importance of improving the police's approach to mental health-related issues, both by increasing knowledge about mental health issues as basis for initial mental health assessments and by establishing access to competent professional health personnel. A better understanding of how mental health issues interact with other challenges in a person's life, including aspects relevant to the criminal justice system – notably radicalization into violent extremism – and how multi-agency approaches can be best utilized in such circumstances, is needed in order to provide better PVE measures. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
41. “We are struggling to seek justice”: a study of the criminal justice system and transgender experiences in Pakistan.
- Author
-
Alamgir, Alamgir
- Subjects
- *
CORRECTIONAL institutions , *LEGAL procedure , *GENDER identity , *QUALITATIVE research , *TRANSGENDER people , *INTERVIEWING , *STATISTICAL sampling , *THEMATIC analysis , *EXPERIENCE , *RESEARCH methodology , *CONCEPTUAL structures , *CRIMINAL justice system , *POLICE , *PSYCHOSOCIAL factors - Abstract
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]
- Published
- 2024
- Full Text
- View/download PDF
42. Woolmington in Context: The Excavation of a Case.
- Author
-
Glover, Richard
- Subjects
PROSECUTION ,CRIMINAL justice system ,COMMON law ,CRIMINAL law ,PUBLIC law - Abstract
The 1935 judgment in Woolmington v Director of Public Prosecutions established the 'golden thread' principle that, in general, the prosecution bears the burden of proof in criminal trials. This is the 'cardinal principle of the criminal law', not just in England and Wales, but right across the common law world. It is a principle that is now largely taken for granted, but when Woolmington was decided, it represented a sharp and largely unexpected break with past authority. Drawing on a 'legal archaeology' methodology, this paper steps outside the limited and, in some respects, misleading facts contained in the official law reports and considers Woolmington in its broader socio-economic and political context, and with particular reference to important gender issues that arise. It seeks, thereby, to improve our understanding of this revolutionary judgment and how it came to be made at this juncture. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. Sexual assault in the locker room: sexually violent hazing in Canadian sport.
- Author
-
Fogel, Curtis and Quinlan, Andrea
- Subjects
SEX crime laws ,ANTI-bullying laws ,SPORTS ,CRIMINAL justice system ,MASCULINITY ,TEAM building ,CRIME ,SPORTS events ,CONTROL (Psychology) ,SOCIAL control - Abstract
Hazing rituals in sport commonly involve coercive sexual acts. However, sexually violent hazing is rarely taken seriously by law enforcement and the criminal justice system in Canada. This paper examines sexually violent hazing in Canadian sport within the broader context of Canadian criminal sexual assault law. Using unobtrusive methods, the paper examines 12 cases of sexually violent hazing in Canadian sport to reveal what it can entail, who it commonly involves, and how sport leagues and the Canadian legal system often fail to adequately respond. Through an abductive analysis of this unobtrusive data, and drawing on theoretical work on masculinities and Erving Goffman's concept of total institutions, the paper argues that sexually violent hazing occurs in sport not purely for the purposes of teambuilding, as it is commonly understood, but also to establish and reaffirm hierarchies of masculinity within the total institution of sport. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
44. Labour trafficking prosecution: what is not working in Spain?
- Author
-
Villacampa, Carolina
- Subjects
HUMAN trafficking ,CRIMINAL justice system ,CRIMINAL procedure ,PROFESSIONALISM ,PROSECUTION ,HUMAN beings - Abstract
Despite being one of the most prevalent manifestations of trafficking in human beings, labour exploitation still results in few convictions. Based on 33 interviews with 28 professionals from the criminal justice system and 5 from the field of labour, this paper analyses the obstacles these professionals face when approaching this crime in Spain as a case study of what may not be working in other Western European countries. The research results point to three types of barriers encountered when dealing with these cases: regulatory; institutional (both pretrial and extra-procedural and during the criminal proceedings themselves); and those related to professionals' attitudes towards these cases. The difficulties that can be included in each of these areas are identified, and solutions are proposed to overcome them to make the criminal justice system's response to this crime more effective. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
45. The borders of criminal responsibility: difficult cases for the law's default understanding of people.
- Author
-
Baron, Emily T.
- Subjects
CRIMINOLOGY ,CRIMINAL justice system ,CRIMINAL law ,HUMAN behavior ,CRIMINAL act - Abstract
This paper provides an overview of the criminal justice system's folk-psychological understanding of people and behavior. The attempt of this paper is to explore some of the complex literature focused on the criminal justice system in order to provide a concise account of its foundational beliefs about responsibility and the human condition. Although the effectiveness of the criminal justice system is a topic of contention, many scholars and legal actors agree that this institution is in part designed to impact people's decisions and behavior. The law's understanding of how people think and on what basis they act is thus of fundamental importance. This paper explores three areas where the law is willing to lessen prescription of criminal responsibility or finds a person not guilty despite their having engaged in apparently wrongful conduct. First, the law's default understanding that people are rational agents is tempered by its acknowledgment of the human condition. Second, the law recognizes that some people who engage in wrongful conduct fall outside the ambit of criminal law. Third, the law embraces a more nuanced view of blame when determining appropriate punishment, taking into account the impact that an unfair social structure has on individual responsibility. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
46. A systems approach to forensic science applied in the military domain.
- Author
-
Wilson, L. E., Gahan, M. E., Lennard, C., and Robertson, J.
- Subjects
FORENSIC sciences ,LAW enforcement ,MILITARY science ,PUBLIC-private sector cooperation ,CRIMINAL justice system - Abstract
Forensic science is undertaken in support of law enforcement investigations, criminal justice prosecutions, intelligence, and military objectives. There are different forensic operating models to meet these various objectives and no unified approach to forensic science has been described. There are common challenges in the military domain, which impacts the delivery of forensic science, including: different terminology between organizations, complex operating environments, operating siloes, inward-looking military structures, quality management, and resource constraints. One solution to these challenges is to apply modern organizational theory to military-focused forensic science. Organizational theory is the study of organizations in a structural sense, including objectives, people, structure and management. The modern organizational theory systems approach describes how organizations should be viewed as systems within larger systems. In the work presented in this paper, a systems approach has been applied, for the first time, to military forensic exploitation to address the common issues faced by military organizations. The advantages of applying a systems approach to military forensic exploitation are that it is applicable across forensic science organizations, it is flexible and scalable to meet the changing external environment, and it articulates the redundancies in the system to help address system failures. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
47. Exploring the Criminology Curriculum – Using the Intersectionality Matrix as a Pedagogical Tool to Develop Students' Critical Information Literacy Skills.
- Author
-
Stockdale, Kelly J., Sweeney, Rowan, and McCluskey Dean, Clare
- Subjects
CRIMINOLOGY ,INTERSECTIONALITY ,LITERACY ,LIBRARY science ,CRIMINAL justice system - Abstract
Traditional literacy skills often neglect to develop students' critical understanding of how information and knowledge are formed, and the unequal power relations at the heart of this process. There are deep, entrenched biases within criminology curriculum content, and empowering students to use critical information literacy skills is an important part of recognising and disrupting knowledge hierarchies in relation to race, class, and gender. This paper builds on research exploring the content of student reading lists from the curriculum of a new criminology degree programme at an English university. Focus groups and one-to-one interviews were held with 20 undergraduate criminology students to explore how students interact with the course reading lists and how they consider and engage with the sources they use. We argue for critical information literacy to be embedded within our teaching of criminology, and for lecturers and students to more pro-actively consider the sources they use. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
48. Defendants with intellectual disability and autism spectrum conditions: the perspective of clinicians working across three jurisdictions.
- Author
-
McCarthy, Jane, Chaplin, Eddie, Hayes, Susan, Søndenaa, Erik, Chester, Verity, Morrissey, Catrin, Allely, Clare S., and Forrester, Andrew
- Subjects
AUTISM spectrum disorders ,INTELLECTUAL disabilities ,JURISDICTION ,CRIMINAL justice system ,MEDICAL personnel ,PEOPLE with disabilities ,JUVENILE offenders - Abstract
The treatment of vulnerable defendants by criminal justice systems or correctional systems varies within and between countries. The purpose of this paper is to examine three legal jurisdictions – New South Wales in Australia; Norway; England and Wales – to understand the extent of variation in practice within the court systems for defendants with intellectual disabilities (ID) and/or autism spectrum conditions (ASC). Two of the jurisdictions had a process for screening in place, either in police custody or at court, but this was not universally implemented across each jurisdiction. All three jurisdictions had a process for supporting vulnerable defendants through the legal system. Across the three jurisdictions, there was variation in disposal options from a mandatory care setting to hospital treatment to a custodial sentence for serious offences. This variation requires further international exploration to ensure the rights of defendants with ID or ASC are understood and safeguarded. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
49. Stalking behavior and high-functioning autism spectrum disorders – a case report.
- Author
-
Ventura, Fabiana, Areias, Graça, Coroa, Manuel, Araújo, Ana, Borges, João, Morais, Sofia, and Madeira, Nuno
- Subjects
AUTISM spectrum disorders ,ASPERGER'S syndrome ,STALKING ,CRIMINAL justice system ,COMMUNICATIVE disorders - Abstract
The prevalence of autism spectrum disorders (ASD) is increasing, and the correlates of involvement of this population in the criminal justice system have been reported. People with ASD have specific deficits such as difficulties in social communication and behavior, impulsivity, misinterpretation of rules, obsessions, and restricted interests, increasing their vulnerability to becoming victims and offenders. Herein, we report the case of a male 40 high-functioning ASD patient accused of stalking. This paper highlights clinical and forensic challenges when assessing patients with ASD prosecuted for stalking behaviors. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
50. Editorial DEPP: drug experienced young people in contact with the criminal justice system. Understanding the challenges and working towards solutions.
- Author
-
Frank, Vibeke A., Rolando, Sara, Thom, Betsy, Beccaria, Franca, Duke, Karen, and Herold, Maria Dich
- Subjects
HEALTH policy ,SUBSTANCE abuse ,TREATMENT programs ,SUBSTANCE abuse treatment ,CRIMINAL justice system - Published
- 2021
- Full Text
- View/download PDF
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