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Copyright of Revista de Indias is the property of Consejo Superior de Investigaciones Cientificas 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.)

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]

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]

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]

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]

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]

The Lost Mothers Project researches the repercussions of mandatory separation between newborns and women in the Criminal Justice System (CJS), aiming to address gaps in evidence and decision-making for pregnant women within the CJS. Co-production with Birth Companions and their Lived Experience Team (LET) is integral, involving substantial input from the LET in various aspects. This paper, written collaboratively, explores the success stories, challenges, and impact of co-production on The Lost Mothers Project, emphasising the profound role of the LET in reshaping the criminal justice landscape for mothers within the system. The LET, comprised of mothers with direct CJS experience, assumes a central role as co-creators and decision-makers, providing invaluable insights into systemic issues. The co-design process, exemplified by refining the project's title and logo, showcases collaborative efforts to reduce isolation and emphasise the transformative power of co-production. Challenges in co-production, such as power dynamics and language barriers, are acknowledged, with strategies for overcoming them discussed. The project's commitment to non-hierarchical co-production ensures equal partnership among all stakeholders. Remuneration for the LET is prioritised, avoiding tokenistic engagement. The co-production paradigm in The Lost Mothers Project contributes to a more compassionate, equitable, and effective criminal justice system. This article concludes that co-production is not just a slogan but a cornerstone for empowering sometimes disempowered populations and fostering positive change in the criminal justice landscape. The transformative impact of the LET in actively shaping the research, coupled with their role as decision-makers, highlights the significance of lived experience engagement in reshaping narratives and creating inclusive research practices within criminal justice studies. Plain English summary: The Lost Mothers Project looks into how separating newborns from mothers in the Criminal Justice System affects women and staff. The research is trying to fill in the missing information and improve how decisions are made. This research, in partnership with Birth Companions and their Lived Experience Team (LET), focuses on getting direct input from mothers who have been in the justice system. The LET, made up of mothers with their own experiences of the system, is crucial in shaping the research. They actively contribute to decisions, like refining the project's title and logo. This involvement aims to make sure the research is not just about them but includes their perspectives, reducing feelings of isolation. Challenges in this collaborative process, such as power dynamics and language barriers, are recognised and strategies to overcome them are discussed. The project commits to a fair and equal partnership among everyone involved, and the LET is compensated for their time. The co-production approach in The Lost Mothers Project is seen as a way to create more understanding, and equality when undertaking research. The article stresses that co-production is not just a trendy idea but a crucial part of making positive changes in how we understand and address issues in the criminal justice system. The LET's active role, both in shaping the research and making decisions, shows the real impact of always including the viewpoints of people who have personally been through the prison system. This collaboratively written article is interwoven with quotations from members of the LET, utilising pseudonyms in certain instances. The paper was initially discussed with the team at one of our regular meetings, where volunteers were invited to contribute; consent was always sought for quotes and contributions. Iterations of the paper have been exchanged back and forth, ensuring accuracy, and relevant papers used as references were collectively read, reviewed and agreed upon. [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 paper acknowledges the progressive efforts under the Constitution of Kenya, 2010, statutes and jurisprudence on the rights of accused persons vis-àvis victim rights under Kenya’s criminal justice system. It conceptualizes the place, scope, and evidentiary weight of victim impact statements by arguing that VISs have evidentiary value especially during court sentencing. Secondly, the paper evaluates what “reasonable access” means in a criminal justice system and whether the discretion of the Court under section 329C(4) of the Kenyan Criminal Procedure Code is constitutional, equitable and promotes access to justice. Thirdly, whereas discretion is a fundamental element of judicial independence, further conceptual and theoretical studies on access to justice are necessary in understanding the intersectionality of different variables under Kenya’s criminal justice system, the need for progressive development of the law. Lastly, this paper contributes to the body of knowledge on the intersectionalities under criminal justice systems. [ABSTRACT FROM AUTHOR]

Artificial Intelligence (AI) can be very beneficial in the criminal justice system for predicting the risk of recidivism. AI provides unrivalled high computing power, speed, and accuracy; all harnessed to strengthen the efficiency in predicting convicted individuals who may be on the verge of recommitting a crime. The application of AI models for predicting recidivism has brought positive effects by minimizing the possible re-occurrence of crime. However, the question remains of whether criminal justice system stakeholders can trust AI systems regarding fairness, transparency, privacy and data protection, consistency, societal well-being, and accountability when predicting convicted individuals' possible risk of recidivism. These are all requirements for a trustworthy AI. This paper conducted a systematic literature review examining trust and the different requirements for trustworthy AI applied to predicting the risks of recidivism. Based on this review, we identified current challenges and future directions regarding applying AI models to predict the risk of recidivism. In addition, this paper provides a comprehensive framework of trustworthy AI for predicting the risk of recidivism. [ABSTRACT FROM AUTHOR]

With the recent surge of mob justice in South Africa, this paper investigates whether recourse to mob justice serves a legitimate purpose and especially whether it serves justice or falls within the conceptual meaning of justice. In so doing, the paper undertook a literature review in view first to identify the possible causes of mob justice and whether or not mob justice serves a legitimate purpose in society. The literature reveals that mob justice aims to ensure security and maintain social order due to state inefficiency to provide security to its citizens. Mob justice becomes a mechanism of social control, policing, and society's expression that the criminal justice system has failed. However, the paper could not find any related literature on the question whether mob justice falls within the philosophical concept of justice. It finds that the current discourse on mob justice literature focuses on the social and economic aspects of mob justice, delving into the possible reasons behind the attacks, or the legal aspects of mob justice. The paper is therefore relevant as its objective is to determine whether mob justice meets the conceptual meaning of justice and if there is a place for such conduct within a constitutional society. The paper found that mob justice falls short of the philosophical understanding of justice and is no more than injustice. It recommends a policy shift in the form of community involvement in policing. [ABSTRACT FROM AUTHOR]

Rape survivors are mostly women, and the perpetrators are mostly men. So, it has a social and cultural dimension.􀻲In the article, the problems regarding rape law are shown from the angle of the female rape survivors. The paper discusses how rape is interpreted in Georgian criminal law practice and why one paradigm of rape prevails to this day - a male stranger and a fighting woman who physically resists the perpetrator. Criminal nal" rules of action during rape; in particular, it determines what the "typical behavior" is for a woman before, during, and after sexual violence. If the female rape survivor's response does not fit into this standard, she remains outside the legal system; her voice is suppressed and disbelieved by the justice. The paper critically examines the Georgian legislative and judicial definition of rape; However, the research is not limited to this; it also includes an analysis of the approaches and scientific views of other jurisdictions. The paper supports a liberal understanding of sexual autonomy and consent. The goal of the paper is to show the essence of non-consensual sexual violence and its superiority compared to the old rape law. [ABSTRACT FROM AUTHOR]

Artificial intelligence has recently become one of the hot topics in scientific and professional circles of various fields. Current technological processes in the world have significantly increased the use of digital technologies in practically all fields. Over the past century, several researchers and mathematicians have been developing the idea that computing machines can not only perform typical technical tasks but also learn to think and perform individual tasks accordingly, like humans. This idea has developed over time, and nowadays, the main topic among scientists, researchers, and practitioners worldwide is artificial intelligence and the tasks it can perform. Artificial intelligence is already actively used in various fields of public activity and many professions, and there is still talk that many professions can be replaced by artificial intelligence in the future. In this regard, using artificial intelligence in jurisprudence is particularly important and controversial. Based on the relevance of the mentioned issue, this article is dedicated to the use of artificial intelligence in the field of criminal proceedings and investigations. The article discusses the origin and development of artificial intelligence and its primary role in criminal proceedings and investigations. In the work, special attention is paid to the experience of different countries. The paper also analyzes court decisions of precedent importance in this regard. The paper also contains the main challenges of using artificial intelligence in criminal justice and investigation. [ABSTRACT FROM AUTHOR]

Objective: Joan McCord was an experimental criminologist who advocated for evaluating social programs for efficacy, benefits, and potential harms to guide crime prevention policy. This paper argues that criminal justice reform should be guided by evidence for effective social programs that guard against unintended harms. Programs that focus on social control are consistent with basic facts of crime and guard against the tail risk of surges in serious crime and violence. This paper discusses the evidence from evaluations of social programs which are based on principals of social control in families, schools, neighborhoods, and the criminal justice system. Methods: This paper draws upon the evaluations of social programs that have been published based on at least one high-quality experiment or two rigorous quasi-experiments, that can be scaled to entire populations, and are sustainable over time. Results: A review of experimental and quasi-experimental evidence found that social programs focused on increasing social control (formal or informal) in families, schools, communities, and by the criminal justice system are effective at preventing serious crime. Some of the social programs with rigorous evidence of preventing crime could be scaled to entire populations for prolonged durations with adequate planning and implementation models. Conclusion: Many contemporary criminal justice reforms have little evidence of efficacy, and run the risk of generating unintended adverse outcomes related to the spread of serious crime and violence. Existing evidence suggests that social programs that focus on social control can act as buffers against the tail risk of serious crime. The social programs with evidence of preventing crime should be expanded, monitored for fidelity in implementation, and continuously evaluated to improve their efficacy and sustainability as effective safeguards against the rise in serious crime and violence. [ABSTRACT FROM AUTHOR]

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]

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 document is an editorial published in the journal Frontiers in Psychology. The editorial discusses the importance of economic evaluation in evidence-based criminal justice contexts. It highlights four research papers that demonstrate innovative economic practices in estimating treatment effects, directing resources to high-risk individuals, and prioritizing offenses. The papers emphasize the need for robust economic analysis to inform decision-making and resource allocation in criminal justice agencies. The editorial concludes by emphasizing the potential benefits of economic evaluation in improving the effectiveness and efficiency of interventions in the criminal justice system. [Extracted from the article]