5,550 results
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52. Where Did It All Go Wrong? Probation Under New Labour and the Coalition
- Author
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Burke, Lol, Vanstone, Maurice, editor, and Priestley, Philip, editor
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- 2016
- Full Text
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53. Community-Based Offender Services
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Skinns, David and Skinns, David
- Published
- 2016
- Full Text
- View/download PDF
54. THE EMERGING AUTHORITY OF CROWN OFFICE IN THE IMPERIAL AGE: A DISCUSSION PAPER.
- Author
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Shiels, Robert S.
- Subjects
CRIMINAL justice system ,PUBLIC prosecutors - Abstract
Although Crown Office is central to the Scottish criminal justice system there has been little modern study of the history of the department and no attempt to locate it within the Scottish constitutional arrangements. Consideration is given here to the evolution of the administrative headquarters of the public prosecution system from the mid-Victorian era when great cohesion was brought to the system through to the statutory intervention of 1927 that consolidated the independent position of the local public prosecutor albeit subject to Crown Office direction. [ABSTRACT FROM AUTHOR]
- Published
- 2018
55. 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
56. Resocialization and Rehabilitation of Convicted Persons in the Republic of Kosovo.
- Author
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Dema, Astrit, Bujupaj, Destan, and Dema, Violeta
- Subjects
CIVIL society ,CRIMINAL convictions ,CRIME ,CRIMINAL justice system ,CRIMINAL behavior ,CORRECTIONAL institutions ,REHABILITATION - Abstract
This research paper explores the critical issue of resocialization and rehabilitation of convicted individuals within the criminal justice system of the Republic of Kosovo. Crime is a phenomenon that threatens society according to external and internal negative factors. It affected the functioning of security, the social environment, and the economy in modern society for years. State institutions and civil and academic society must be engaged to have activities adequate for the resocialization, and re-education of persons convicted of criminal offenses. At the same time, preventive measures should be taken to avoid criminal behavior for which behavior then only unconditional measures should be taken, which is Prison. The paper proposes evidence-based recommendations for policymakers, correctional institutions, and community stakeholders. These recommendations aim to enhance existing strategies and foster a more inclusive and effective resocialization process for convicted persons in Kosovo. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
57. A Data-Driven Forecasting Model for Active Offenders on Electronic Monitoring Systems in Türkiye.
- Author
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Elçi, Ferhat, Dokur, Emrah, Yüzgeç, Uğur, and Kurban, Mehmet
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ELECTRONIC surveillance ,FORECASTING ,CRIMINALS ,CRIMINAL justice system ,DECOMPOSITION method - Abstract
The electronic monitoring of offenders is an increasingly popular technique in the criminal justice system. Worldwide, these systems are effectively utilized to monitor individuals on probation as they serve their sentence within the community. The use and significance of electronic monitoring systems are increasing day by day in Türkiye. This paper presents a complete ensemble empirical mode decomposition with adaptive noise and kernel-based meta-extreme learning machine hybrid forecasting model using data on active offenders convicted of different crimes between 2013 and 2021 in Türkiye. Thanks to the proposed model, it is aimed to plan the equipment that will be needed and to provide optimal system management by observing the development of electronic monitoring systems in Türkiye. To validate the proposed model, it is compared with some state-of-the-art models. The superiority of the proposed model is shown using some performance metrics. Moreover, the current status of electronic monitoring systems in Türkiye from the past to the present is shown statistically. While most studies on electronic monitoring focus on its financial or legal dimension, this paper uses a data-driven forecasting approach for optimal planning. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
58. Group interventions for trauma and substance misuse available for women in criminal justice services: a systematic review of the literature.
- Author
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Henderson, Ashley and Stenfert Kroese, Biza
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TREATMENT of post-traumatic stress disorder ,SUBSTANCE abuse treatment ,CRIMINAL justice system ,CRIMINALS ,GROUP psychotherapy ,MEDICAL care of prisoners ,WOMEN'S health ,SYSTEMATIC reviews ,TREATMENT effectiveness ,GENDER specific care ,EVALUATION - Abstract
Purpose: In recent years, group interventions have been designed to simultaneously treat the symptoms of post-traumatic stress disorder (PTSD) and substance misuse. This study aims to explore the research literature available regarding these interventions, for women who are involved in the criminal justice system. Design/methodology/approach: Five electronic databases were searched. The review included primary research papers which reported quantitative outcomes for group interventions for female offenders. The quality of each paper was assessed using the framework developed by Kmet et al. (2004). Findings: A total of 13 research papers met the inclusion criteria and were selected for this review. The papers indicated promising results for the treatment of PTSD and substance misuse in this population group. Practical implications: This area of research is in early development. Studies adopted different research designs and used different outcome measures to assess effectiveness. The quality assessment indicated that future research should adopt standardised assessment measures, blind researchers to reduce bias and implement randomised controlled trials to produce more robust findings. Originality/value: To the best of the authors' knowledge, this systematic review is the first to explore the effectiveness of these interventions, specifically for women in the criminal justice system. The authors consider the existing evidence base for this population group and propose measures for future research. [ABSTRACT FROM AUTHOR]
- Published
- 2020
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59. 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
- Full Text
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60. NAJBOLJI INTERES DECE RODITELJA NA IZVRŠENJU KAZNE ZATVORA.
- Author
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Đorđević, Violeta and Brkić, Miroslav
- Abstract
Copyright of Crimen: Journal for Criminal Justice is the property of University of Belgrade, Faculty of Law 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
- 2024
- Full Text
- View/download PDF
61. 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]
- Published
- 2024
- Full Text
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62. Towards a Digitalised Criminal Justice System: Lessons from Poland.
- Author
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Sakowicz, Andrzej and Zieliński, Sebastian
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CRIMINAL justice system ,DIGITAL technology ,COVID-19 pandemic ,LEGAL services ,CRIMINAL procedure - Abstract
Copyright of Revista Brasileira de Direito Processual Penal is the property of Instituto Brasileiro de Direito Processual Penal 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
- 2024
- Full Text
- View/download PDF
63. Problem-Solving Courts in Comparative Law: Combination of Therapy and Responsibility.
- Author
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Tešović, Olga
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CRIMINAL justice system ,COMPARATIVE law ,THERAPEUTIC jurisprudence ,CRIMINAL liability ,CRIMINAL behavior ,DRUG courts - Abstract
This paper examines the innovative approach of problem-solving courts within the framework of comparative law, emphasizing the integration of therapeutic jurisprudence and individual criminal responsibility. By analysing various models from different jurisdictions, the study highlights how these courts effectively address underlying issues in criminal behaviour, such as substance abuse and mental health problems, through tailored interventions. The research draws on a comparative analysis to explore the effectiveness of these courts in reducing recidivism, enhancing offender rehabilitation, and promoting social reintegration. The paper also discusses the challenges and potential of this approach in balancing the goals of therapy and legal accountability. Through a comprehensive review of judicial and policy frameworks, this study provides valuable insights into the evolving role of the judiciary in addressing complex social issues and the potential of problem-solving courts as a transformative tool in the criminal justice system. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
64. General Practice or Evidence-Based? Exploring Drug Testing for People without a Substance Use Disorder.
- Author
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Lovins, Brian
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CRIMINAL justice system ,FAMILY medicine ,DRUG use testing - Abstract
The criminal justice system is enthralled with drug testing. It is a billion dollar industry fueled by drug courts, swift certain, and fair strategies, and the idea that probation is a privilege. It has become so pervasive that even people without an identified drug problem are often tested on a regular basis. While the field has accepted drug testing as a key component, this paper suggests that the data, while limited, is not as pervasive as the practice itself. This paper will explore the current research on drug testing, how effective it is for people without an identified substance use issue, and what are some of the collateral consequences to testing that may offset any perceived or real benefit to the practice. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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65. The use of Intermediaries (communication specialists) at Parole Board oral hearings in England and Wales.
- Author
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O'Mahony, Brendan M., Milne, Rebecca, and Smith, Kevin
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LEGAL procedure ,OCCUPATIONAL roles ,CRIMINALS ,PRISONERS ,CRIME victims ,CORRECTIONAL personnel ,EXPERIENCE ,PROBATION ,COMMUNICATION ,CRIMINAL justice system ,HONESTY ,SOCIAL support - Abstract
Purpose: The purpose of this paper is to find out what role intermediaries have in facilitating communication with victims and prisoners at Parole Board (PB) oral hearings. Design/methodology/approach: A survey was designed and administered to 39 PB members to find out their perceptions of, and experiences with, the use of intermediaries. Frequency tables and verbatim quotations are used to report the results. Findings: Overall, participants had not experienced any use of intermediaries with victims or family members presenting victim personal statements at an oral hearing. Further, there had been limited use of intermediaries for prisoners attending oral hearings. Nevertheless, there was a good recognition of a range of communication needs that a prisoner might present with at a hearing. There was also general support for the use of intermediaries with some caution about possible delays to procedural fairness. Practical implications: The early identification of communication support needs for prisoners and victims attending an oral hearing is essential. The PB should raise awareness with the PB Membership about the role of intermediaries. The PB should continue to develop guidance and policy surrounding intermediaries. Prison lawyers and HM Prison and Probation Service may require specialist training in identifying communication needs in vulnerable prisoners and identifying when a communication specialist might be required for an oral hearing. Originality/value: To the best of the authors' knowledge, this is the first published paper examining the role of intermediaries at PB oral hearings. It builds on the evidence base of the use of intermediaries in other criminal justice contexts. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
66. Common sense justice? Comparing populist and mainstream right positions on law and order in 24 countries.
- Author
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Koning, Edward A and Puddister, Kate
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POPULISM ,CRIMINAL justice system ,POLITICAL parties ,POLITICAL manifestoes ,POLITICAL doctrines - Abstract
While the subject of populism receives increasing scholarly attention from both political scientists and criminologists, so far these two bodies of literature have existed mostly in isolation of each other. This paper aims to connect them by investigating whether parties that political scientists describe as populist are likely to evince positions on criminal justice that criminologists describe as populist. Relying on a secondary data analysis comparing mainstream right-wing and populist right-wing parties for 131 elections in 24 countries since 1973, this paper concludes that the populist right on average expresses slightly more support for penal populism than the mainstream right, but that its positioning is crucially shaped by considerations relating to issues of immigration and multiculturalism. These findings suggest that most contemporary populist parties on the right primarily pursue a nativist agenda and will only invoke penal populism when it fits this overall strategy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
67. The Effects of Mob Justice on the Rule of Law and Democratisation in Africa: a Case Study of Ghana.
- Author
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Ikejiaku, Brian and Osabutey, Jasmine
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JUSTICE ,RULE of law ,CRIMINAL justice system ,DEMOCRATIZATION ,PROCEDURAL justice ,INTERNATIONAL law ,PUNISHMENT - Abstract
The emergence of globalisation has promoted human rights education, the media and scholarly works have drawn attention to the issue of the rule of law and mob justice activities constantly recurring in developing countries. The paper examines the effects of mob justice on the rule of law and democratisation in Africa using Ghana as a case study. The paper is of the view that mob justice has both negative and positive effects on the rule of law and democratisation in Ghana. This is because the legal and criminal justice systems in some societies are seen by citizens as illegitimate as they fail to punish suspected criminals appropriately; thus, negatively destroying democracy and the image of the State. Positively, mob justice serves as a wake-up call for the State to take its responsibility to protect the rights of its citizens seriously. The paper draws on international human rights law in the light of international legal instruments, such as the UDHR, ICCPR, and African Charter, as well as the 1992 Constitution of Ghana and employs mainly the Tylerian procedural justice perspective, as well as Liberal democratic theory. It uses theoretical, critically analytical and qualitative empirical evidence (based on semi-structured interviews from purposive sampling of 15 expert opinions and relevant organisations with a keen interest in the subject matter) for the analysis. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
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68. The panopticon looms: A gendered narrative of the interlocking powers of welfare intervention and criminalization.
- Author
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Clarke, Becky and Leah
- Subjects
- *
CHILD welfare , *SEXISM , *POWER (Social sciences) , *PSYCHOLOGY of women , *DECISION making , *SOCIAL case work , *SOUND recordings , *THEMATIC analysis , *EXPERIENCE , *CAPITAL punishment , *CRIMINAL justice system , *CASE studies , *JUDGMENT (Psychology) , *MANAGEMENT , *PSYCHOLOGICAL vulnerability , *GOVERNMENT regulation , *GENDER-based violence - Abstract
This paper presents a case study narrative of one woman. Drawing on her storied recollections, from infancy into childhood through young motherhood into adulthood, we trace the interlocking relationship between policies and practices intended to offer welfare support facilitating her criminalization. A collaborative approach to producing knowledge, representing 8 years of narrative, dialogue and reflection surfaces a looming panopticon. The gendered power of the state to intervene across the life course is revealed, as is the failed and harmful nature of this panopticon. Three distinct themes emerge from the analysis: the power to define and the fixing nature of gendered policy and practice narratives; the gendered control strategies that reproduce harms in women's lives; and the lifelong nature of the panopticon for some girls and women. Cutting across these experiences are processes of silencing and ultimately resistance, strategies for surviving the enduring forms of institutional surveillance and intervention. The paper closes with clear implications for the hegemonic trio of social science research and social work and criminal justice policy and practice. We must confront and dismantle our complicity in the silent silencing and gendered harms of the panopticon. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
69. The decriminalization of illicit drugs in British Columbia: a national evaluation protocol.
- Author
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Russell, Cayley, Ali, Farihah, Imtiaz, Sameer, Butler, Amanda, Greer, Alissa, Rehm, Jürgen, Bardwell, Geoff, Bonn, Matthew, Boyd, Jade, Bruneau, Julie, Costello, Jean, Crichlow, Frank, Crépault, Jean-François, Degenhardt, Louisa, Elton-Marshall, Tara, Ferencz, Sarah, Gomes, Tara, Goulão, João Castel-Branco, Griffiths, Paul N, and Hickman, Matthew
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DRUG legalization ,HEALTH policy ,CRIMINAL justice system ,PHARMACEUTICAL policy ,DRUGS of abuse - Abstract
Background: On January 31st, 2023, the province of British Columbia (BC), Canada, was granted a federal exemption allowing adults (aged 18 +) to possess up to 2.5 g of select illicit drugs. The exemption will be in place for three years (2023–2026), marking the first formal decriminalization of illicit drug policy reform in Canada. BC's decriminalization initiative is premised on several goals. This project seeks to evaluate each of these goals and their individual and combined contributions to determine the overall success of this policy. Methods: The following protocol paper provides a detailed outline of a five-year (2022-2027) national evaluation of BC's decriminalization initiative, as well as the specific objectives, methodologies, and planned analyses for eight interrelated sub-studies that comprise the evaluation. These sub-studies fall under the following five topical areas of research: 1) people who use drugs (PWUD), 2) the police and the criminal justice system, 3) the general public, 4) the health services system, and 5) an economic analysis. Additional research activities may also be explored. Results: The overall evaluation and specific sub-study designs were informed by intensive stakeholder engagement. The evaluation was developed in collaboration with an international expert committee who came together to undertake a nominal group technique to decide on the final evaluation design and corresponding logic model. The evaluation will also employ an advisory board and individual sub-study working groups comprised of experts and PWUD who will oversee the development and implementation of the overall evaluation as well as each sub-study. Discussion: This evaluation will draw on implementation science research practices to evaluate and understand the full impacts of this novel drug policy experiment. Results will be widely disseminated through manuscripts, reports, presentations, and infographics, which will be adapted and tailored for specific audiences. The protocol identifies several anticipated challenges and limitations. This evaluation's evidence-based findings will be poised to offer pivotal insights that can shape and refine the discourse on drug policy and will serve as a critical resource for understanding the multifaceted impacts of decriminalization. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
70. Examining the Effect of Disorders upon Impulsive Behavior in Criminal Actions and its Legal Implications in Emergency Department: Systematic Review.
- Author
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Singh, Rajiv Ratan, Tripathi, Sachin Kumar, Prakash, Chandra, Yadav, Pradeep kumar, Singh, Rohit Kumar, Rajpoot, Rakhi, Bajpai, Geetika, and Singh, Harisharan
- Subjects
IMPULSE control disorders ,CRIMINAL procedure ,CRIMINAL behavior ,CRIMINAL justice system ,LITERATURE reviews - Abstract
Background: There are significant concerns regarding the relationship between mental health and criminal culpability since impulse control problems have long been linked to the genesis of criminal behavior. In trying to clarify the complex legal ramifications that result from this link, this study explores the close link between diseases that inhibit impulse control and their possible role in criminal behavior in patients coming to emergency department. Aim: This research aims to explore how impulse control disorders contribute to criminal actions, emphasizing significant correlations and calling for transformative changes in the emergency help for psychiatric patients and in criminal justice system. Methodology: This study utilized Bullion Words for a literature review, identifying 24,400 hits, and narrowing down to 24 papers after rigorous selection. The systematic review explores the interplay between impulse control disorders and criminal actions, emphasizing legal implications. Ethical considerations ensure confidentiality. The study concludes with key findings, relationship insights, legal discussions, and future research suggestions. Result: This systematic review reveals a nuanced understanding of how impulse control disorders contribute to criminal actions. Identifying specific disorders like kleptomania and intermittent explosive disorder emphasizes the complex interplay of genetic, environmental, and psychological factors. The legal implications highlight the need for a paradigm shift in the criminal justice system, advocating tailored interventions and rehabilitation strategies, and offering a novel perspective for future legal frameworks. Conclusion: This systematic review provides a comprehensive overview of the complex interconnection between impulse control disorders and criminal actions. The findings underscore the importance of recognizing these disorders in legal contexts and advocate for a nuanced approach to sentencing and treatment. Future research should focus on refining diagnostic criteria, exploring intervention strategies, and elucidating the long-term impact of impulse control disorders on legal outcomes. Overall, this review contributes to a more informed understanding of the legal implications surrounding impulse control disorders and criminal actions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
71. Violence in Queer Families: Symbolic Recognition of Same-Sex Relationships in Russian Law.
- Author
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Kondakov, Alexander Sasha
- Subjects
CRIMINAL law ,INTIMATE partner violence ,GENDER identity ,LGBTQ+ people ,LEGISLATION ,BISEXUALITY ,HUMAN sexuality ,DESCRIPTIVE statistics ,COURTS ,DISCOURSE analysis ,SAME-sex marriage ,HOMICIDE ,INTERPERSONAL relations ,CRIMINAL justice system ,LESBIANS - Abstract
Purpose: This paper deals with criminal court cases of intimate partner violence in queer families (IPV) in Russia. It aims to uncover ways for these families to be recognized in law, even if only for the purposes of deciding cases of violence among LGBT + partners. Methods: The study deploys methods of discourse analysis to uncover powers which produce the texts of court rulings. The article is based on close examination of nine cases of IPV occurred in various places across Russia. Eight cases concern bisexual and lesbian women; one case is about men in a same-sex partnership. Results: The analysis suggests that only the most severe cases of IPV reach criminal courts in Russia (murder, manslaughter, and serious injuries). As courts deal with violence among intimate same-sex partners, they have to discuss LGBT + identities, queer sexualities, and same-sex families more broadly, as well as such forms of violence which are not criminalized but build up to the ultimate violent act (psychological and financial violence, battery). Conclusions: Regardless of reluctance to recognize queer families in family law, same-sex relationships are already recognized in the legal discourse with the help of various categories for the purposes of processing criminal cases. However, this recognition casts queer families as subordinate and pathological, especially through the widespread invocation of traditional values rhetoric. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
72. The Validity and Critiques of the Current Approach of Human Rights Bodies Regarding the Positive Procedural Obligations of States.
- Author
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Al-Anaibi, Faris Kareem
- Subjects
RIGHT to life (International law) ,CRIMINAL justice system ,JUSTICE ,JUSTICE administration ,FAIR trial - Abstract
Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal 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
- 2024
73. ' Are We Sure That He Knew That You Don't Want to Have Sex? ': Discursive Constructions of the Suspect in Police Interviews with Rape Complainants.
- Author
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Hermolle, Megan, Kent, Alexandra, Locke, Abigail J., and Andrews, Samantha J.
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CRITICAL discourse analysis ,CRIMINAL justice system ,DISCURSIVE psychology ,CONTROL (Psychology) ,CONVERSATION analysis - Abstract
Recent statistics reveal alarming flaws in the Criminal Justice System's (CJS) handling of rape cases, undermining the pursuit of justice for complainants seeking legal redress. This paper takes a novel approach to explore police rape stereotype use in interviews with rape complainants, utilising critical discourse analysis and conversation analysis and discursive psychology to understand and critique the balance of power within an interview and how this might impact attrition and prosecution decisions. Ten police interviews with rape complainants were analysed with several suspect discursive constructions present throughout, including the interviewer constructing the suspect as misunderstanding, the complainant as miscommunicating non-consent, or agentless and passive talk. A significant and original finding was the way constructions interacted with the spectrum of stranger-to-partner rapes. In stranger rape cases, passive language often obscures the suspect and emphasises the complainant's behaviour. Acquaintance rapes frequently involved misunderstandings centred on visible distress and mixed signals. Partner rapes highlighted issues around consent and coercion, with officers often ignorant of coercive control and domestic abuse. These findings align with Operation Bluestone Soteria (OSB); thus, the recommendations align with those made by OSB's Pillar One. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
74. Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety?
- Author
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Tumelty, Mary-Elizabeth
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CRIMINAL liability ,PATIENT safety ,CRIMINAL justice system ,STATUTORY interpretation ,TORTS - Abstract
Using the facts in I Montgomery v Lanarkshire Health Board i , Hobson and Miola draw analogies with the criminal law, but ultimately conclude that application of the criminal law in this context would be unsatisfactory. This special issue of I Medical Law International i stems from an interdisciplinary workshop which took place in November 2019, titled 'Criminal responsibility for medical error - a helpful or harmful mechanism for delivering patient safety'. In Alexandra Mullock's paper, 'Surgical harm, consent, and English criminal law: When should "bad-apple" surgeons be prosecuted?. [Extracted from the article]
- Published
- 2021
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75. The impact of gender-based violence on girls in the selected secondary schools in Limpopo, South Africa.
- Author
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Rammbuda, Mulatedzi Calvin
- Subjects
CRIMINAL justice system ,SECONDARY schools ,ABUSE of girls ,CLASSROOM environment - Abstract
The crucial mandate for any state is that learners attain their education in a safe learning environment. Learners' access to a high-quality, inclusive, equitable education, and their capacity are jeopardised by the pervasive gender-based violence in and around schools. This paper aims to investigate the impact of gender-based violence on girls in the selected secondary schools in Limpopo Province of South Africa. From the qualitative standpoint, coupled with the case study research design, this study used a purposive sample to select 15 (n = 15) participants. Data were collected through literature reviews and the application of semi-structured Key Informant Interviews and analysed using Thematic Analysis. The findings of this study include (i) low school performance, (ii) learners who are dropping out, (iii) learners' inability to exercise their human rights and their right to an education, (iv) lack of a well-resourced and strong criminal justice system, and (v) an intervention team to address the impact of gender-based violence on girls. This study concludes that gender-based violence should be taught as a subject in schools to address the persistent issue in South Africa for learners to understand abuse and violation in the future. This paper recommends that all stakeholders in our society--civil, social workers, and law enforcement authorities--collaborate more closely than they currently do to end gender-based violence against schoolgirls. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
76. Dangerous Patterns: Joint Enterprise and the Culture of Criminal Law.
- Author
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Carvalho, Henrique
- Subjects
CRIMINAL law ,LAW & culture ,CRIMINAL justice system ,SOCIAL values ,GANGS - Abstract
This paper develops a methodological framework to understand criminal laws as cultural artefacts—as manifestations of structures, processes and struggles which are part of the broader social (re)production of meanings, values and affects. The first section sets out the groundwork for a cultural examination of criminal law, deploying insights from cultural theory to understand criminal law's function in securing civil order. The paper then maps and critically analyses the cultural structure of the law of joint enterprise, which it argues is conditioned by a danger formation centred on the racialised and hostile construction of the image of the urban gang. The third section investigates the implications of this danger formation to the possibility of legal change through a cultural reading of the UK Supreme Court decision in R v Jogee. The paper concludes by reflecting on the value of a cultural understanding of criminal law. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
77. Applications of Legal Psychology in Japan: Current Practice, Research Knowledge, and Future Directions.
- Author
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Orthey, Robin, Rechdane, Joanne, Satchell, Liam P., Akira Kyo, Izumi Matsuda, and Walsh, Dave
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KUROSHIO ,PSYCHOLOGICAL literature ,CRIMINAL justice personnel ,CRIMINAL investigation ,CRIMINAL justice system ,CRIMINAL psychology - Abstract
Legal psychology is field of research which seeks to bring evidence-based practice to the vital work of the criminal justice system. This research is increasingly being conducted and its findings applied around the world. However, worldwide legal systems and their processes can vary greatly. In the current paper, we summarise discussions between legal psychology academics and criminal justice practitioners from Japan. Together, we examine how practices in the Japanese criminal justice system interact with the international evidence base for psychologically-informed 'best practice' approaches. Our discussion targets areas of popular study in legal psychology, focusing on concealed crime knowledge detection, line up identification procedures, and investigative interviewing of witnesses, suspects, and victims. Each section features a description of current Japanese practice, followed by a review of the current state of the relevant academic legal psychological literature. We then connect this practice and research synergy to a reflection with suggestions for future research. Taken together, our paper acts as a conduit to incentivise more research and practice collaboration for Japanese and non-Japanese audiences and presents opportunities for collective international legal psychology. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
78. Arrest in Criminal Justice Administration: Important Unresolved Issues.
- Author
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Aleifan, Meshari Kh. and Buoroki, Hussin
- Subjects
CRIMINAL justice system ,ARREST ,LEGAL judgments ,COMPARATIVE method ,POLICE - Abstract
This paper delves into examining the practical problems facing the police during the implementation of the arrest procedure within the realm of criminal justice administration. Employing a comparative analytical approach, the study juxtaposes the legal framework of the United States of America and the State of Kuwait, where the study traced the legal texts, judicial rulings, and regulations regarding the behavior of police officers in both systems. It has been shown through this study that some of these problems are due to legislative texts, others are related to practical practices, others are due to social problems, and some are related to the scientific (academic) aspect. Through a comprehensive exploration of these critical aspects, the paper contributes valuable insights to the ongoing discourse on the challenges within the arrest process and underscores the need to address unresolved issues to enhance the efficacy of criminal justice administration. [ABSTRACT FROM AUTHOR]
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- 2024
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79. LEARNING DISABILITIES IN PRISONS: IMPLICATIONS FOR RE-EDUCATION AND REHABILITATION OF THE INMATES.
- Author
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Zanetti, Margot
- Subjects
LEARNING disabilities ,CRIMINAL justice system ,IMPRISONMENT ,REHABILITATION ,CONCENTRATION camps ,EDUCATION - Abstract
Copyright of Italian Journal of Health Education, Sport & Inclusive Didactics is the property of Edizioni Universitarie Romane 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
- 2024
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80. NEUROSCIENCE AND THE CRIMINAL LEGAL SYSTEM: A HUMANITARIAN APPLICATION FRAMEWORK.
- Author
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Hayes, Dorothy
- Subjects
NEUROSCIENCES ,CRIMINAL justice system ,FREE will & determinism ,HUMANITARIANISM - Abstract
Advancements in neuroscience call our intuitive notion of free will into question--and by implication, invite a reassessment of the United States criminal legal system and its reliance on radical personal agency. In the backdrop of the evolving landscape of neuroscience and neurolaw is an inquiry: how do we appropriately and ethically incorporate advancements of these fields into law and policy? This paper pulls that question to the forefront, advocating for a humanitarian-forward framework to guide the process. The framework emphasizes the Daubert standard, addresses the "G2i" problem, and includes a balancing test to ensure the protection of neurorights. The paper also provides an overview of the influence of belief in free will, personal agency, and neurolaw on the U.S. criminal legal system. [ABSTRACT FROM AUTHOR]
- Published
- 2024
81. Shipping containers and speed boats: exploring the contexts and relational spaces professionals navigate to safeguard young people from criminal exploitation.
- Author
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Langhoff, Kristine, Lefevre, Michelle, and Larkin, Rachel
- Subjects
CRIME prevention ,CHILD welfare ,SHIPS ,FOCUS groups ,SECONDARY analysis ,CHILDREN'S accident prevention ,DESCRIPTIVE statistics ,TRANSPORTATION ,PATIENT-centered care ,ATTITUDES of medical personnel ,RESEARCH ,CONCEPTUAL structures ,RESEARCH methodology ,CRIMINAL justice system ,SOCIAL support - Abstract
Purpose: This paper aims to present a mixed methods study of child criminal exploitation (CCE), particularly in the form of "county lines", in three local authorities in southeast England. The data is analysed using a framework constructed from two relevant contextual and relational theories to understand experiences of CCE and the safeguarding responses undertaken to protect young people from harm. Design/methodology/approach: Data were drawn from a survey (n = 118); interviews (n = 5) and focus groups (n = 15) with professionals; interviews with parents (n = 4); and from secondary analysis of eight interviews with young people affected by criminal exploitation. The analytic framework was applied to the data to answer two research questions: what is the role and significance of young people's interactions with peers, parents and professionals in their CCE trajectories; and how do professionals understand and address risks within contexts in which young people are exposed to CCE? The mixed methods data collected by the authors were coded and analysed using this framework. Findings: Although professionals were aware of contexts and relational power dynamics, the situated and temporal nature of CCE remained overlooked within safeguarding systems. Professionals required more space, time and support to fully and flexibly engage with young people and their families to increase safety. Originality/value: There is limited research available that critically examines safeguarding responses to CCE in diverse geographic and cultural contexts. This paper contributes a critical account of how professionals might create connections and opportunities for change with young people, identifying structural constraints within practice systems alongside emerging examples of effective practice. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
82. The victimization of community members in the realm of traditional leaders at OR Tambo District Municipality, South Africa.
- Author
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Zenzile, Enoch
- Subjects
CRIME victims ,MUNICIPAL government ,CRIMINAL justice system ,CRIME prevention ,QUALITY of life - Abstract
Within the largely rural OR Tambo District Municipality (ORTDM), a significant number of community members continue to experience victimization annually. Crime continues to be a persistent issue for both individuals and society at large, with no resolution or justice achieved in its wake. The prevalence of crime in society significantly impacts individuals' behavior, residential choices, and decisions regarding their social activities, including the selection of locations and timing. Typically, individuals tend to experience an increase in fear of becoming a victim of crime, rather than a decrease. This article is characterized by its qualitative approach and use non-probability sampling methodologies. The study aimed to investigate the involvement of traditional leaders in safeguarding women, children, and the elderly from being victimized within the ORTDM community, encompassing the local municipalities of KSD, Ingquza Hill, Mhlontlo, Nyandeni, and Port St. Johns. The primary objective of this discussion paper was to ascertain the specific categories of criminal activities occurring within the territories governed by traditional leaders. This study further demonstrates the significance of examining rural crime and uncovers obstacles that hinder crime prevention in the ORDM. Fifty-eight traditional leaders were interviewed as crucial informants and custodians of the customs of different groups. Traditional leaders, research participants, and community members shared accounts of rape and murder during Imbizos. These incidents involved school-going youngsters and older individuals, including those as old as 95 years. A number of individuals in the neighborhood had paralysis, while others were deprived of their retirement benefits. Traditional leaders argue that, despite this circumstance, the criminal justice system does not give priority to the rights of the victims. The findings together indicate that traditional leaders are involved in the creation, implementation, and monitoring of crime prevention strategies. Nevertheless, the absence of financial support from the government hinders the implementation of crime prevention activities within its jurisdiction. The analysis confirms that crime prevention is an enduring objective. Investing in traditional leaders has the potential to enhance the overall societal well-being. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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83. THE MECHANISM OF VICTIM RECOGNITION IN GEORGIAN CRIMINAL PROCEEDINGS AND ITS COMPLIANCE WITH INTERNATIONAL STANDARDS.
- Author
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Tandilashvili, Khatia
- Subjects
CRIME victims ,INTERNATIONAL law ,CRIMINAL justice system ,CRIMINAL procedure ,STANDARDS ,ACCESS to justice - Abstract
Today, at the international level, significant attention is paid to crime victims' rights. Since the 20th century, various international and European organizations, such as the United Nations, the Council of Europe, and the European Union, have adopted a number of international instruments. All of them stipulate that victims should have access to the criminal justice system without any barriers. The precondition for accessing criminal proceedings is to be recognized as a victim. This paper will first analyze international and European standards regarding victims' recognition, then examine Georgian legislation and practice, and finally, conclude whether the Georgian legislation and practice comply with international and European standards. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
84. A Rapid Systematic Review of Worldwide Alcohol Use Disorders and Brief Alcohol Interventions in the Criminal Justice System.
- Author
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Newbury-Birch, Dorothy, Ferguson, Jennifer, Connor, Natalie, Divers, Andrew, and Waller, Gillian
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ALCOHOLISM ,CRIMINAL justice system ,ALCOHOL drinking ,PRISON system ,CRIMINAL evidence - Abstract
Although the relationship is complex, there is an association between alcohol use and offending behavior with an interplay between the amount drank, the pattern of drinking and individual and contextual factors. Alcohol brief interventions have been shown to be effective in primary healthcare, however there is currently a lack of compelling evidence in the criminal justice system. We carried out a rapid systematic review of the literature, which updated our review conducted in 2016. Following systematic searches, we included 36 papers on prevalence and 13 papers on effectiveness. Between 26 and 88%of individuals in the policy custody setting scored positive for an alcohol use disorder. In the magistrates court this was 95%; 31-86% in the probation setting and between 19 and 86%in the prison system. In relation to probable dependence, between 21 and 38% of individuals were shown to have probable alcohol dependence in the police custody suite setting; 39 per cent in the magistrate court system; 17-36%in the probation setting and between 18 and 48% in the prison system. This compares to 6% in the general population. We included 13 studies of effectiveness with differing outcome measures and outcomes. We conclude more studies are needed in the field to develop the current evidence base. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
85. Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study.
- Author
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Yarcia, Lee Edson P. and Bernadas, Jan Michael Alexandre C.
- Subjects
HEALTH policy ,CORRECTIONAL institutions ,SOCIAL determinants of health ,COVID-19 ,LIBERTY ,PSYCHOLOGICAL vulnerability ,CORRECTIONAL personnel ,MENTAL health ,RIGHT to health ,HEALTH care reform ,INFECTION ,CASE studies ,INFECTIOUS disease transmission ,DESCRIPTIVE statistics ,THEMATIC analysis ,COVID-19 pandemic ,CRIMINAL justice system - Abstract
Purpose: This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach: Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings: The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications: Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value: This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
86. Psychological perspectives for addressing mental health within the criminal justice system.
- Author
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Castillo, Paola and McGrath, Andrew
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CRIMINAL justice system ,MENTAL health ,JUVENILE courts ,JUVENILE offenders - Abstract
An editorial is presented regarding Psychological perspectives for addressing mental health within the criminal justice system. It mentions topic of treatment evaluation, second paper examines Jail to Community Medication-Assisted Treatment (JTCMAT) programs for substance abuse commonly used in the United States.
- Published
- 2020
87. Penal changes, crises, and the political economy of punishment: An introduction.
- Author
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Brandariz, José A. and Sozzo, Máximo
- Subjects
PUNISHMENT ,HISTORICAL sociology ,CRIMINAL justice policy ,POLITICAL persecution ,CRIMINAL justice system - Abstract
More precisely, it uses that lens to reflect on the political economy of punishment (hereinafter, PEofP). Finally, Stefania Crocitti's contribution addresses the relation between economic crises and a segment of punishment practices that is garnering increasing traction within criminology conversations, that of bordered penality ([9]). Back at the turn of the century, various influential works warned against criminology scholars' inclination to easily identify epochal changes in the field of crime and penality ([10]; [17]; [28]; [29]; [35]). 2 José A. Brandariz https://orcid.org/0000-0001-7512-1315 Máximo Sozzo https://orcid.org/0000-0002-8999-6021 3 We wholeheartedly thank the authors contributing to this special issue for their efforts in refining their papers and engaging political economy of punishment debates, as well as the sixteen anonymous reviewers, whose unselfish help was vital in ensuring the quality of the whole manuscript. [Extracted from the article]
- Published
- 2022
- Full Text
- View/download PDF
88. Equity considerations in clinical practice guidelines for traumatic brain injury and the criminal justice system: A systematic review.
- Author
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Colclough, Zoe, Estrella, Maria Jennifer, Joyce, Julie Michele, Hanafy, Sara, Babineau, Jessica, Colantonio, Angela, and Chan, Vincy
- Subjects
BRAIN injuries ,CRIMINAL justice system ,HEALTH equity ,SOCIAL determinants of health ,CINAHL database - Abstract
Background: Traumatic brain injury (TBI) is disproportionately prevalent among individuals who intersect or are involved with the criminal justice system (CJS). In the absence of appropriate care, TBI-related impairments, intersecting social determinants of health, and the lack of TBI awareness in CJS settings can lead to lengthened sentences, serious disciplinary charges, and recidivism. However, evidence suggests that most clinical practice guidelines (CPGs) overlook equity and consequently, the needs of disadvantaged groups. As such, this review addressed the research question "To what extent are (1) intersections with the CJS considered in CPGs for TBI, (2) TBI considered in CPGs for CJS, and (3) equity considered in CPGs for CJS?". Methods and findings: CPGs were identified from electronic databases (MEDLINE, Embase, CINAHL, PsycINFO), targeted websites, Google Search, and reference lists of identified CPGs on November 2021 and March 2023 (CPGs for TBI) and May 2022 and March 2023 (CPGs for CJS). Only CPGs for TBI or CPGs for CJS were included. We calculated the proportion of CPGs that included TBI- or CJS-specific content, conducted a qualitative content analysis to understand how evidence regarding TBI and the CJS was integrated in the CPGs, and utilised equity assessment tools to understand if and how equity was considered. Fifty-seven CPGs for TBI and 6 CPGs for CJS were included in this review. Fourteen CPGs for TBI included information relevant to the CJS, but only 1 made a concrete recommendation to consider legal implications during vocational evaluation in the forensic context. Two CPGs for CJS acknowledged the prevalence of TBI among individuals in prison and one specifically recommended considering TBI during health assessments. Both CPGs for TBI and CPGs for CJS provided evidence specific to a single facet of the CJS, predominantly in policing and corrections. The use of equity best practices and the involvement of disadvantaged groups in the development process were lacking among CPGs for CJS. We acknowledge limitations of the review, including that our searches were conducted in English language and thus, we may have missed other non-English language CPGs in this review. We further recognise that we are unable to comment on evidence that is not integrated in the CPGs, as we did not systematically search for research on individuals with TBI who intersect with the CJS, outside of CPGs. Conclusions: Findings from this review provide the foundation to consider CJS involvement in CPGs for TBI and to advance equity in CPGs for CJS. Conducting research, including investigating the process of screening for TBI with individuals who intersect with all facets of the CJS, and utilizing equity assessment tools in guideline development are critical steps to enhance equity in healthcare for this disadvantaged group. Zoe Colclough and co-authors examine how equity is considered in the development of clinical practice guidelines for traumatic brain injury for individuals within the criminal justice system. Author summary: Why was this study done?: Traumatic brain injury (TBI) is more common among individuals involved with the criminal justice system (CJS) than the general population, often resulting in longer prison sentences, serious disciplinary charges, and repeated future conflicts with the CJS. Although individuals with TBI who are involved with the CJS must receive care that meets their needs, studies show that most clinical practice guidelines (CPGs)—designed to guide care—tend to overlook equity and disadvantaged groups, instead focussing on the effectiveness or cost-effectiveness of care. As a first step to improving equitable care, this study assessed existing CPGs for TBI and CPGs for CJS to see if and how (1) evidence regarding individuals who intersect with the CJS is included in CPGs for TBI and evidence regarding TBI is integrated in CPGs for CJS; and (2) equity is considered in CPGs for CJS. What did the researchers do and find?: We used available electronic databases (MEDLINE, Embase, CINAHL, PsycINFO), targeted websites, Google search, and reference lists for CPGs for TBI and CPGs for CJS. We documented their characteristics, reviewed their content, and assessed whether equity was considered using checklists focused on equity and disadvantaged groups. We found that 14 out of 57 CPGs for TBI referenced individuals who are involved with the CJS and 2 out of 6 CPGs for CJS referenced TBI. Practices to ensure that equity is considered, such as the involvement of disadvantaged groups when developing CPGs were lacking in CPGs for CJS. What do these findings mean?: Findings from this review suggest that consideration of equity is lacking in the development of CPGs for TBI for those within the CJS and provide the foundation to consider CJS involvement in CPGs for TBI and to advance equity in CPGs for CJS. There is a critical need for further research into screening processes for TBI with individuals who intersect with all facets of the CJS, and into the benefits of equity assessment tools in guideline development to enhance equity in healthcare for this disadvantaged group Unfortunately, we cannot comment on how much of the existing evidence regarding TBI or individuals who are involved with the CJS remains unintegrated in existing CPGs, as our search did not include research papers on TBI and the CJS, outside of CPGs. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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- View/download PDF
89. Navigating risk: Young women's pathways through the care, education and criminal justice systems.
- Author
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Larsson, Birgit, Schofield, Gillian, Biggart, Laura, Ward, Emma, Dodsworth, Jane, and Scaife, Victoria
- Subjects
- *
PSYCHOLOGICAL resilience , *SECONDARY analysis , *QUALITATIVE research , *FOCUS groups , *RESEARCH funding , *INTERVIEWING , *PSYCHOLOGY of women , *EXPERIENCE , *CAREGIVERS , *THEMATIC analysis , *CRIMINAL justice system , *MOTHERHOOD , *EDUCATIONAL attainment , *TRANSITION to adulthood , *SELF-perception , *ADOLESCENCE ,MEDICAL care for teenagers - Abstract
The criminalization of young women in care remains an important practice and policy issue in England despite 2018 national guidance and the subsequent development of local authority protocols to reduce the criminalization of care‐experienced young people. This paper contributes to the emerging research on young women whose behaviour challenges professionals, through secondary analysis of case file data and narrative interviews with 24 care‐experienced young women from a national project on care and offending. Analysis focused on young women's pathways through the care, justice and education systems and identified five domains within young women's lives where available risk or resilience factors were significant in directing young women towards prosocial opportunities, to new types of victimization or to criminalization and offending. These domains consisted of placements and caregiver relationships; partner relationships; pregnancy and motherhood; participation in education; and the transition to adulthood through leaving care. The paper concludes with implications for practice for professionals working with young women, in particular emphasizing that how the care, justice and education systems respond to young women can contribute to negative pathways or transform them. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
90. Crime in a prison cell: Epistemic cultures and institutional neutrality in an inquisitorial setting.
- Author
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Santos, Filipe and Costa, Susana
- Subjects
CORPORATE culture ,CORRECTIONAL institutions ,SCIENTIFIC knowledge ,CELL culture ,CRIMINAL justice system - Abstract
A death that occurs inside a prison cell initiates a distinct set of procedures from those around a death on the outside. When a confined space within a penal institution of total surveillance and control becomes a crime scene, it may reflect the prevailing institutional cultures and the ways in which they react and adapt. This paper analyses the case of Marcos, who was found dead in a Portuguese prison cell which he shared with another individual. From the discovery of the body to the crime scene inspection by the police, and from the autopsy to the trial, the qualitative analysis of the inscriptions produced in this case reveals and highlight the epistemic cultures involved. As each culture is developed from the professional practices and modes of acquiring and using knowledge, the analysis of their logic contributes to an understanding of how forensic evidence is co-produced and appropriated in the Portuguese legal context. We identify five epistemic cultures: institutional defence, hunch, office, bubble, and 'rubber stamp'. We argue that the apparent neutrality of an inquisitorial criminal justice system enables the development of particular ways of producing, understanding and using scientific knowledge and forensic evidence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
91. Examining reasons for victim retraction in domestic violence and abuse: A qualitative analysis of police retraction statements in the United Kingdom.
- Author
-
Hopkins, Anna
- Subjects
DOMESTIC violence ,VICTIMS of domestic violence ,FATHERS ,PROBLEM solving ,CIVIL procedure ,CRIMINAL justice system ,FATHER-child relationship ,POLICE - Abstract
Understanding the factors that influence domestic violence and abuse (DVA) victims to withdraw from the Criminal Justice System globally continues to be a key focus for professionals and academics working within this area. There is a dearth of extant literature examining the motivations behind victim withdrawal, particularly retraction occurring post provision of an initial statement. This paper examines the phenomenon of retraction, by thematically analysing N = 60 police retraction statements (PRS) collected by police officers in a large suburban police force in the North West of England. In examining these statements, insight can also be garnered from those victims still in an active relationship with their abusers. Findings highlight female victims' motivations for retraction and are framed around victim problem solving including: a) accepting the relationship which resulted in a discordance in proceeding with the prosecution of the abuser b) rejecting the relationship thereby rendering the prosecution as redundant c) engaging in procedural problem solving where alternative measures such as civil actions were sought to substitute a CJS prosecution and d) the effect of children where motivations were split between retracting to return to the complete family unit including the victim as the mother and retracting due to recognising the importance of the father's role without involvement from the mother. Notwithstanding limitations, this paper demonstrates that there is significant value in conducting an analysis of PRSs in furthering the understanding of why victims choose to retract at this point in their prosecution journey. The extracts from this dataset add insight and understanding into DVA female victim motivations to retract post-initial statement provision and highlight the differences within victim populations who retract their original statement. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
92. Seclusion within the first 24 h following admission into inpatient mental health services and associations with referral pathways, recent service contact and HoNOS ratings.
- Author
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Lai, Jennifer, Jury, Angela, Tuason, Charito, Basabas, Maria Carmela, Swanson, Caro, Weir‐Smith, Kerry, Wharakura, Mary‐Kaye, Taurua, Tui, Garrett, Nick, and McKenna, Brian
- Subjects
MENTAL health services ,PSYCHOLOGICAL distress ,RESEARCH funding ,HOSPITAL care ,SEX distribution ,PACIFIC Islanders ,CULTURE ,SCIENTIFIC observation ,LOGISTIC regression analysis ,SECLUSION of psychiatric hospital patients ,RETROSPECTIVE studies ,AGE distribution ,POPULATION geography ,DESCRIPTIVE statistics ,MULTIVARIATE analysis ,RACE ,ODDS ratio ,STATISTICS ,POLICE ,CRIMINAL justice system ,CONFIDENCE intervals ,MEDICAL referrals ,SENSITIVITY & specificity (Statistics) - Abstract
Accessible Summary: What is known on the subject?: Seclusion is a harmful and traumatising intervention for people accessing mental health services.People who are subject to seclusion in inpatient mental health services often first experience this within the first 24 h following admission.There is limited research examining how recent contact with services impacts the likelihood of seclusion when people are admitted to inpatient services. What the paper adds to existing knowledge?: Males, Māori and Pasifika experience higher rates of seclusion within the first 24 h following inpatient admission.People perceived by clinicians as overactive, aggressive, disruptive or agitated are seven times more likely to be secluded within the first 24 h.People referred from police or justice services are three times more likely to be secluded within the first 24 h.People who had frequent contact with community mental health services prior to inpatient admission were less likely to be secluded. What are the implications for practice?: The first 24 h of inpatient admission is a critical focus for eliminating the use of seclusion. Initial interactions with people recently admitted should focus on nurturing relationships and reducing distress.Mental health staff should consider the person's cultural needs, referral pathway, recent service contact and baseline ratings on the Health of the Nation Outcomes Scales (HoNOS) when working proactively to prevent the use of seclusion in the first 24 h following admission.Strengthening the focus on nurturing relationships, cultural understanding and non‐coercive de‐escalation approaches requires leadership support and strategic workforce development. Introduction: People who experience seclusion in inpatient mental health services often do so within the first 24 h following admission. There is limited research examining the potential contributing factors, particularly recent contact with services. Aim/Question: To identify factors associated with seclusion within the first 24 h following admission into acute inpatient mental health services. Method: A retrospective analysis was undertaken using routinely collected data from Aotearoa New Zealand mental health services. Results: A higher likelihood of seclusion within the first 24 h following admission was associated with: males, Māori, Pasifika, referrals from police/justice services, inpatient transfers, recent contact with crisis assessment teams and clinician perceptions of aggression, problematic substance use, cognitive problems and hallucinations or delusions. Recent contact with community mental health services was associated with a lower likelihood. Discussion: People's cultural needs, referral pathway, recent service contact and HoNOS scores should be considered when working to prevent the use of seclusion in the first 24 h following admission. Implications for Practice: The first 24 h following inpatient admission is a critical period for preventing the use of seclusion. Nurturing relationships, cultural understanding and use of non‐coercive de‐escalation approaches can support better outcomes for people recently admitted. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
93. Social Work Self-Disclosure: A Supervision Tool to Assist Early Career Social Workers.
- Author
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McDonnell, Elinya and Wayland, Sarah
- Subjects
SOCIAL services ,SOCIAL workers ,SELF-disclosure ,CRIMINAL justice system ,DRUGS - Abstract
The concept of self-disclosure has been a controversial issue that remains highly debated by current practising social workers and researchers alike. Yet an increasing number of lived experience practitioners or peer support workers are being employed in many human services areas, including mental health, suicide prevention, bereavement services, drug and alcohol recovery, criminal justice, and emergency services, alongside or in complement to, social worker roles. Peer or lived experience roles seek to enhance the recovery journey for clients by sharing lived experience commonality, whereas social workers seek to enhance the recovery journey through psychosocial engagements. Both may have relevant lived experience to their role. The aim of this paper is to explore how sharing lived experiences, also referred to as self-disclosure, between social workers and client/service user can enhance the relationship, with attention paid to safety and recovery. A narrative review of the literature identified that there is a lack of empirical research undertaken exploring how disclosures impact the service users and what decision-making strategies can assist social workers in deciding how and when to share. The current AASW Code of Ethics offers no clear practice standards or ethical guidelines for effective self-disclosure. The analysis of the literature results in a reflective supervision tool for social workers in pre-service training and early career social workers, with the aim of assisting decisions that may prompt lived experience sharing. Recommendations for further research and development are included. [ABSTRACT FROM AUTHOR]
- Published
- 2024
94. In Support of the Absolute Prohibition of Torture in Zimbabwean Criminal Justice System: The Necessity for a Torture Legislation in Zimbabwe.
- Author
-
Hofisi, Sharon
- Subjects
TORTURE laws ,CRIMINAL justice system ,CIVIL rights ,INTERNATIONAL law ,HUMAN rights - Abstract
This article examines the reasons why torture has no place in Zimbabwe’s criminal justice system, focusing on the role of constitutional dialogue and a standalone torture law as the optimal alternatives for protecting constitutional rights. The paper finds that the rejection of torture aligns with principles of constitutional dialogue in safeguarding fundamental rights. Freedom from torture is non-negotiable both nationally and internationally. The methodology used here involved analyzing the case law within Zimbabwe in the light of international law. Rejecting torture reflects a commitment to constitutional dialogue, fostering a legal framework that upholds fundamental rights and constitutional values. Moving forward, considerations of severity and purpose should distinguish thresholds for lawful sanctions, while clarifying the government’s duty to abstain from torture and protect citizens from both public and private agents’ acts of torture. This exposes the necessity for a domestic legislation on torture in Zimbabwe, because mere constitutional prohibition of torture is insufficient in the absence of supporting laws detailing the crime’s gravamen and procedures. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
95. Introduction to special edition.
- Author
-
Carroll, Andrew and Darjee, Rajan
- Subjects
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
- Full Text
- View/download PDF
96. CRIMINAL JUSTICE SYSTEM OF PAKISTAN.
- Author
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Asghar, Ali
- Subjects
CRIMINAL justice system ,CRIMINAL procedure ,CRIMINAL law reform ,COMMON law ,REFORMATION ,CRIMINAL codes ,INSTITUTIONAL environment - Abstract
Every state enacts and publishes laws according to its peculiar socio-economic and cultural peculiarities. Pakistan inherited prevalent laws from the British Common Law. Pakistan Penal Code (1860) and Criminal Procedure Code (1898) govern dispensation of criminal justice system in Pakistan. Through reformation efforts have been ongoing to reform of the criminal justice system to accommodate socio-economic and cultural challenges, however, same has not been successful due to host of political, social and institutional issues. However, despite challenges, the system has delivered albeit at slow and selective pace. Apropos, there remain gaps in the system which are reflected though Pakistan's standing in international indices and a general dissatisfaction of masses. The inadequacy of the criminal justice system has been considered as manipulative, cumbersome, slow and inadequate. The inadequacies have impinged upon the governance and national security domains of the State causing negative outlook. Consequently, every stratum of the internal social order, socio-economic and human terrain of national security and principles of governance are witnessing a gradual decline. Consequent outcome is violation of citizen-state contract hence erosion of public trust in the system. This paper undertakes a comprehensive analysis of the Criminal Justice System of Pakistan, focused on reasons for non/delayed dispensation of justice and its impact on governance & national security, leading to policy recommendation for reforms. [ABSTRACT FROM AUTHOR]
- Published
- 2023
97. Artificial intelligence, digital capital, and epistemic domination on Twitter: A study of families affected by imprisonment.
- Author
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Ugwudike, Pamela and Fleming, Jenny
- Subjects
ONLINE social networks ,ARTIFICIAL intelligence ,CRIMINAL justice system ,IMPRISONMENT ,SOCIOTECHNICAL systems - Abstract
Online Social Networking Sites (SNSs) and other Artificial Intelligence (AI) systems are transforming the epistemological foundations of justice systems and influencing knowledge production concerning criminal justice and its impact. This article focuses on a dimension of criminal justice which is the impact of imprisonment on families and seeks to unravel how knowledge about this problem is produced on SNSs. To this end, it draws on a study that explored conversational networks of key stakeholders on the SNS, Twitter. Building on insights from the study, the paper unravels interdependent sociotechnical dynamics that reproduce the offline marginality of affected families and operate as barriers to equitable knowledge production. Through its analysis of the dynamics, the paper provides new insights and advances the sparse criminological scholarship on the intersections of AI systems and the delivery of justice. It specifically highlights exclusionary epistemic processes that are fomented by the infrastructure of AI systems and the social contexts in which they are deployed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
98. THE DIALECTICS OF PEACE AND CONFLICTS MANAGEMENT IN NORTH CENTRAL NIGERIA: A RETRIBUTIVE OR RESTORATIVE JUSTICE SYSTEM?
- Author
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Amos, Dauda Bivan
- Subjects
LEX talionis ,JUSTICE administration ,CRIMINAL justice system ,RESTORATIVE justice ,DIALECTIC ,CONFLICT transformation ,CONFLICT management - Abstract
This paper does lament whatever had happened to North Central Nigeria, and in particular, Benue's, Plateau's, and Southern Kaduna's glorious past, and the abysmal state of Nigeria's civilization inherited from British colonial masters, with its attendant effects such as insecurity and underdevelopment most especially on the sampled area and the continent at large. The paper, through an exegesis of select historical facts and texts, reports, and journals, has explored via a desk and textual study, an objective explication for an unpacking of the inherent mischiefs caused by the apparent harmful retributive system of justice inherited from the colonial criminal justice system. Thereafter, the prognosis of the problematics of the retributive justice system in Nigeria, and of the vicious cycles of the conflicts, is addressed through an unveiling of the gaps in the retributive justice system, which hitherto has focused more on the offender, to the detriment of the victim(s), and society, is underscored. These dialectics for peacebuilding, conflict management/transformation, and mutual trust would be reached through (re)negotiation, and (re)visiting of the Nigerian criminal justice system, with a focus on the restorative justice system by advocating for the full entrenchment of the formidable Administration of Criminal Justice Act, 2015 in all the States of the Federation for the development of Nigerians and African's scions globally. Where the emphasis is now hinged on "victim-offender-mediation" and lessons are drawn from the Wajir Peace Development Committee (in Northeastern Kenya) cum the Plateau model as a panacea to the unending vicious cycle of conflicts and reprisals in our societies. [ABSTRACT FROM AUTHOR]
- Published
- 2023
99. Missing links: safeguarding and disability hate crime responses.
- Author
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Healy, Jane C. and Dray, Rosslyn
- Subjects
SAFETY ,RESEARCH methodology ,INTERVIEWING ,PSYCHOLOGY of crime victims ,DESCRIPTIVE statistics ,PEOPLE with disabilities ,PATIENT Protection & Affordable Care Act ,THEMATIC analysis ,DATA analysis software ,CRIMINAL justice system ,ADULTS - Abstract
Purpose: This paper aims to consider the relationship between disability hate crime and safeguarding adults. It critically considers whether safeguarding responses to disability hate crime have changed following the implementation of the Care Act 2014. Historically, protectionist responses to disabled people may have masked the scale of hate crime and prevented them from seeking legal recourse through the criminal justice system (CJS). This paper investigates whether agencies are working together effectively to tackle hate crime. Design/methodology/approach: The research presented draws on semi-structured interviews with key informants who work with disabled people and organisations as part of a wider study on disability hate crime. Findings: Prior to the Care Act, safeguarding practice often failed to prioritise criminal justice interventions when responding to reports of disability hate crimes. Improving engagement within multi-agency safeguarding hubs and boards has the potential to increase hate crime awareness and reporting. Research limitations/implications: This research was limited in scope to 15 participants who worked in England within safeguarding teams or with victims of hate crime. Practical implications: Raising the profile of disability hate crime within safeguarding teams could lead to achieving more effective outcomes for adults at risk: improving confidence in reporting, identifying perpetrators of hate crimes, enabling the CJS to intervene and reducing the risk of further targeted abuse on the victim or wider community. Originality/value: This paper is original in its contribution in this field as there is a dearth of research on the relationship between safeguarding and disability hate crime. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
100. Racializing Terror: Reassessing the Motive of the Motive Clause.
- Author
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SINGH, PRABJOT
- Subjects
LEGISLATIVE histories ,CRIMINAL justice system ,JUSTICE administration ,CRIMINAL law - Abstract
This paper reviews the legislative history and application of the Criminal Code's definition of terrorist activity to trace how the "motive clause" reinforces systemic racism within Canada's criminal justice system. By outlining this process, this paper argues that the motive clause contributes to a dynamic that racializes terror offences as a specific type of criminal offence committed by racialized individuals--marking terrorism as a unique social characteristic of racialized communities. This occurs mainly due to the legislative requirement to prosecute the ideas of accused persons, which, in practice, has increased the likelihood of courts admitting otherwise prejudicial evidence against the accused and the problematic ways in which expert evidence has (or has not) been used in terrorism trials. Although discrimination may not be an inevitable or intended outcome of the drafted legislation, it creates a framework that encourages discriminatory prosecutorial strategies, facilitates bias in the admission and treatment of some evidence, and potentially contributes to the exclusive use of the provisions against racialized communities specifically. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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