1,509 results
Search Results
2. Cárceles de papel. Prisiones y fotografías en la provincia de Buenos Aires (Argentina) a fines del siglo XIX.
- Author
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Yangilevich, Melina
- Subjects
PRISONS ,PHOTOGRAPHS ,PRISON system ,CRIMINAL justice system - Abstract
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.)
- Published
- 2023
- Full Text
- View/download PDF
3. Truth and Conviction: Donald Marshall Jr. and the Mi'kmaw Quest for Justice: by L. Jane McMillan, Vancouver, University of British Columbia Press, 2018, 230 pp., CAN $29.95 (paper), ISBN: 978-0-7748-3749-1 (paper).
- Author
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Poliandri, Simone
- Subjects
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CANADIAN history , *CRIMINAL justice system , *HISTORY of science , *CUSTOMARY law , *LAW reform - Abstract
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]
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- 2023
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4. A History of Crime in Australia: Australian Underworlds: By Nancy Cushing. London: Routledge, 2023. Pp. 234. A$55.99 paper.
- Author
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Ingram, Caroline
- Subjects
- *
HISTORY of crime , *LEGAL history , *CRIMINAL justice system , *ACTUAL innocence ,AUSTRALIAN history - Abstract
"A History of Crime in Australia: Australian Underworlds" by Nancy Cushing is an introductory text for students of crime history and criminology. The book explores the impact of English law on transported convicts and First Nations peoples in Australia, and how their own systems of law were disregarded by colonists. It is organized into twelve chapters, each focusing on a specific aspect of crime history in Australia. The book includes essays by historians in each chapter, providing examples of scholarly writing. While the book primarily focuses on the legal history of New South Wales and Victoria, it offers thought-provoking case studies and is accessible to both students and general readers interested in crime history. [Extracted from the article]
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- 2024
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5. Implementation strategies to screen, refer and link women involved in the carceral system to PrEP for HIV prevention
- Author
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Dauria, Emily, Rodriguez, Christopher, Bauerle Bass, Sarah, Tolou-Shams, Marina, and Christopoulos, Katerina
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- 2023
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6. Looked after children in prison as adults: life adversity and neurodisability
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Kent, Hope, Kirby, Amanda, Leckie, George, Cornish, Rosie, Hogarth, Lee, and Williams, W. Huw
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- 2023
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7. Perceptions of collective and other unjust punishment in Swiss prisons: a qualitative exploration
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Shaw, David, Seaward, Helene, Pageau, Felix, Wangmo, Tenzin, and Elger, Bernice S.
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- 2023
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8. The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials
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Abdellaoui, Sid and Niang, Anta
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- 2022
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9. Sodium content of menu and commissary provisions in rural jail exceeds heart-healthy dietary recommendations
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Kuss, Bonnie, Lopez, Nanette V., Hardy, Shakia T., Spilkin, Ary, Brauer, Julianne, Phillips, Rachelle, Delio, Gabrielle, and Camplain, Ricky
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- 2022
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10. Towards inclusionary policing: a critical inquiry into the pre-trial treatment of suspects with intellectual disabilities in Ireland
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Cusack, Alan, Gulati, Gautam, Dunne, Colum P., and Kilcommins, Shane
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- 2022
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11. Understanding the complexity of neurodevelopmental profiles of females in prison
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Kirby, Amanda, Williams, W. Huw, Clasby, Betony, Hughes, Nathan, and Cleaton, Mary Ann Megan
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- 2021
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12. Co-production in the Lost Mothers Project: transforming criminal justice narratives through Lived experience engagement.
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Abbott, Laura, Chivers, Kate, and Moncrieffe, Tuesdae
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MOTHERS ,CRIMINAL justice system ,PREGNANT women ,WOMEN criminals ,EVIDENCE gaps - Abstract
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]
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- 2024
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13. A Conceptual Analysis of an Accused Persons’ Right to Reasonable Access to Victim Impact Statements under Kenya’s Victim Protection Act No. 17 of 2014.
- Author
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Owade, Eugene Otieno
- Subjects
VICTIMS' rights ,CONSTITUTIONAL law ,CRIMINAL justice system ,ACCESS to justice - Abstract
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]
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- 2023
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14. Ethics and Trustworthiness of AI for Predicting the Risk of Recidivism: A Systematic Literature Review.
- Author
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Farayola, Michael Mayowa, Tal, Irina, Connolly, Regina, Saber, Takfarinas, and Bendechache, Malika
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TRUST ,RECIDIVISM ,ARTIFICIAL intelligence ,DATA privacy ,CRIMINAL justice system - Abstract
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]
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- 2023
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15. Does mob justice fit the conceptual theory of justice?
- Author
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Mbiada, Carlos Joel Tchawouo and Percy, Sithuga Ndivho
- Subjects
VIGILANCE committees ,CRIMINAL justice system ,SOCIAL control ,COMMUNITY involvement ,SOCIETIES - Abstract
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]
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- 2023
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16. RETHINKING THE SCOPE OF SEXUAL VIOLENCE FOR CRIMINAL LAW REFORM.
- Author
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Gegelia, Tamar
- Subjects
SEXUAL assault laws ,CRIMINAL law reform ,SEXUAL consent ,CRIMINAL justice system - Abstract
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]
- Published
- 2024
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17. THE ROLE OF ARTIFICIAL INTELLIGENCE IN CRIMINAL JUSTICE - REALITY AND PERSPECTIVE.
- Author
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Dolidze, Tatia
- Subjects
ARTIFICIAL intelligence ,CRIMINAL justice system ,TECHNOLOGICAL innovations ,DIGITAL technology ,CRIMINAL investigation - Abstract
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]
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- 2024
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18. Criminal justice reform guided by evidence: social control works—The Academy of Experimental Criminology 2022 Joan McCord Lecture.
- Author
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MacDonald, John
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CRIMINAL law reform ,SOCIAL services ,CRIMINAL justice system ,SOCIAL control ,CRIME prevention ,CRIMINOLOGY - Abstract
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]
- Published
- 2024
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19. Decolonizing Policy Research as Restorative Research Justice: Applying an Indigenous Policy Research Framework (IPRF).
- Author
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Ahmed, Binish
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DECOLONIZATION ,INDIGENOUS peoples ,RESTORATIVE justice ,CRIMINAL justice system ,RESEARCH methodology - Abstract
What is required to decolonize policy research in doing knowledge production about Indigenous peoples? Policy studies has been complicit in maintaining a central methodological policy research problem: the ongoing prevalence of hegemonic imperial and colonial knowledge production practices in relation to Indigenous peoples. This problem persists through policy researchers producing anti-Indigenous genocidal native-place-invisibilization in scholarship. Ambiguous relationality is another mechanism through which elimination of the natives takes place in research – it is when researchers deliberately/unintentionally omit naming and visiblizing their positionality in relation to the native-places the researchers are working with. Undoing harms emerging from native-place-invisibilization and ambiguous relationality requires a 'grounded normativity' oriented native place consciousness, naming and visibilization of the native place(s) the researchers work on/with, respecting sovereign Indigenous research jurisdictions, and applying an Indigenous Policy Research Framework (IPRF). Decolonization as a solution to the policy problem being tackled in this paper looks like counter-hegemonic radical redistribution of power back to the community when conducting Indigenous policy research. The IPRF approach is formulated using a literature review methodology and consists of guiding questions and principles to help steward the processes of decolonizing policy research. The aim is to support the emergence of radically restorative research justice practices and repair historically harmful relations between knowledge-producing systems/institutions and the Indigenous communities about whom the knowledge production is done. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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20. Exploring ethnicity and personality disorder in a UK context: a scoping review of the literature.
- Author
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Lamph, Gary, Mulongo, Peggy, Boland, Paul, Jeynes, Tamar, King, Colin, Burrell, Rachel-Rose, Harris, Catherine, and Shorrock, Sarah
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PERSONALITY disorder treatment ,PERSONALITY disorders ,SYSTEMATIC reviews ,MENTAL health ,EXPERIENCE ,DISEASE prevalence ,INTERPROFESSIONAL relations ,LITERATURE reviews ,CRIMINAL justice system - Abstract
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]
- Published
- 2023
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21. Editorial: Economic evaluation in evidence-based criminal justice contexts.
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Giles, Susan, Bandyopadhyay, Siddhartha, Shalev, Karen, and Manning, Matthew
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BEHAVIORAL sciences ,CRIMINAL justice system ,COST benefit analysis ,ECONOMIC models ,CHILD sexual abuse ,DOMESTIC violence ,CRIMINAL psychology - Abstract
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]
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- 2024
- Full Text
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22. 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
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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
23. Resocialization and Rehabilitation of Convicted Persons in the Republic of Kosovo.
- Author
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Dema, Astrit, Bujupaj, Destan, and Dema, Violeta
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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]
- Published
- 2024
- Full Text
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24. 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
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25. Non-Ideal Victims or Offenders? The Curious Case of Pyramid Scheme Participants.
- Author
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Hock, Branislav and Button, Mark
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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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26. 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
27. 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
- View/download PDF
28. 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
29. Problem-Solving Courts in Comparative Law: Combination of Therapy and Responsibility.
- Author
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Tešović, Olga
- Subjects
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
30. General Practice or Evidence-Based? Exploring Drug Testing for People without a Substance Use Disorder.
- Author
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Lovins, Brian
- Subjects
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]
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- 2024
- Full Text
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31. 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
- Subjects
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
32. 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
- Subjects
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
33. 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
- Subjects
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
- View/download PDF
34. 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
35. 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
- Subjects
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
36. 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
37. 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
38. 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
39. ' 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.
- Subjects
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
40. Criminal responsibility for medical injury: A helpful or harmful mechanism for patient safety?
- Author
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Tumelty, Mary-Elizabeth
- Subjects
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
- Full Text
- View/download PDF
41. 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
42. 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
43. 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
- Subjects
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
44. 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]
- Published
- 2024
- Full Text
- View/download PDF
45. LEARNING DISABILITIES IN PRISONS: IMPLICATIONS FOR RE-EDUCATION AND REHABILITATION OF THE INMATES.
- Author
-
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
- Full Text
- View/download PDF
46. 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
47. Shipping containers and speed boats: exploring the contexts and relational spaces professionals navigate to safeguard young people from criminal exploitation.
- Author
-
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]
- Published
- 2024
- Full Text
- View/download PDF
48. The victimization of community members in the realm of traditional leaders at OR Tambo District Municipality, South Africa.
- Author
-
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
- Full Text
- View/download PDF
49. THE MECHANISM OF VICTIM RECOGNITION IN GEORGIAN CRIMINAL PROCEEDINGS AND ITS COMPLIANCE WITH INTERNATIONAL STANDARDS.
- Author
-
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
50. A Rapid Systematic Review of Worldwide Alcohol Use Disorders and Brief Alcohol Interventions in the Criminal Justice System.
- Author
-
Newbury-Birch, Dorothy, Ferguson, Jennifer, Connor, Natalie, Divers, Andrew, and Waller, Gillian
- Subjects
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
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