13,891 results
Search Results
102. 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
103. Examining reasons for victim retraction in domestic violence and abuse: A qualitative analysis of police retraction statements in the United Kingdom.
- Author
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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
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104. 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
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105. Social Work Self-Disclosure: A Supervision Tool to Assist Early Career Social Workers.
- Author
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McDonnell, Elinya and Wayland, Sarah
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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
106. In Support of the Absolute Prohibition of Torture in Zimbabwean Criminal Justice System: The Necessity for a Torture Legislation in Zimbabwe.
- Author
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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
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107. Practice Model for Chinese Youth in Conflict with the Law.
- Author
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KWOK, SIU MING and TAM, DORA M. Y.
- Subjects
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CHINESE youths' writings , *INSTITUTIONAL racism , *CHINESE Canadians , *MENTAL health , *CRIMINAL justice system - Abstract
This paper reports a qualitative study built upon the findings from this team’s previous studies over the past two decades that identifies risk factors and guiding principles to develop a culturally sensitive practice model for Chinese youth in conflict with the law. Crime intervention for Chinese Canadian youth is under-researched. This paper reveals that Chinese youth and their parents internalize problems of systemic inequity. Their needs are not properly addressed due to model minority stereotyping. Over the last two decades, there is a shift in demographics of the Chinese community in Canada that mirrors the socio-economical changes in China over twenty years that requires cultural nuance in providing services to the Chinese community. In general, Chinese youth and their families experienced cultural and language barriers and challenges in addressing mental health issues. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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108. Making Good?: A Study of How Senior Penal Policy Makers Narrate Policy Reversal.
- Author
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Annison, Harry, Burke, Lol, Carr, Nicola, Millings, Matthew, Robinson, Gwen, and Surridge, Eleanor
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REASONING , *CRIMINAL justice policy , *CRIMINAL justice system , *INTERNATIONAL unification of criminal law , *PROBATION - Abstract
This paper provides insights into the predominant styles of political reasoning in England and Wales that inform penal policy reform. It does so in relation to a particular development that constitutes a dramatic, perhaps even unique, wholesale reversal of a previously introduced market-based criminal justice delivery model. This is the 'unification' of probation services in England and Wales, which unwound the consequential privatization reforms introduced less than a decade earlier. This paper draws on in-depth interviews with senior policy makers to present a narrative reconstruction of the unification of probation services in England and Wales. Analogies with desistance literature are drawn upon in order to encapsulate the tensions posed for policy makers as they sought to enact this penal policy reform. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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109. A Developmental and Life-Course Approach to Further Understanding of the Nature and Causes of Intimate Partner Violence and Femicide.
- Author
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Narvey, Chelsey S., Kaukinen, Catherine, Piquero, Nicole Leeper, and Piquero, Alex R.
- Subjects
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CRIMINAL justice system , *JUSTICE administration , *CRIMINOLOGY , *PROSECUTION - Abstract
The current paper explores the theoretical and empirical capacity of developmental and life-course criminology (DLC) to further our understanding of non-lethal intimate partner violence (IPV) and femicide. Drawing on Sampson and Laub's age-graded theory and Moffitt's dual taxonomy, the paper delves into empirical research that has identified and examined the overlap between general offending and IPV, highlighting how these DLC theoretical frameworks could provide insight into non-lethal IPV and femicide. We also outline the ways in which these DLC perspectives are challenged to fully address the gendered nature of IPV and less able to provide an empirical and theoretical understanding of the role of power and control by men over their women partners. We then place these frameworks within the global impact of the COVID-19 pandemic on gender-based violence, including femicide. While the COVID-19 lockdowns increased vulnerability to IPV and increased homicide in the United States, the expected rise in femicide did not materialize—at least within the United States, prompting questions about the extent to which existing criminological theories are able to provide a framework for these types of crime trends during unprecedented events. We examine the way non-lethal and lethal IPV are shaped by different factors as outlined in Moffitt's dual taxonomy. The pandemic for example did not create increased psychopathy (i.e., affective and personality disorders) associated with the risk for femicide, but the COVID-19 pandemic and the subsequent lockdowns did create increased economic and family stressors, which placed many at-risk women and children in further social isolation, and reduced access to victim services. We conclude a need for further theoretical development surrounding femicide, integrating developmental and life-course perspectives, thereby emphasizing the need for refined frameworks to address the intricate dynamics of violence against women globally. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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110. Israel and It’s Unique Features for the United States (U.S.) and Other Countries Criminal Justice Systems.
- Author
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Pia, Shamim Ara
- Subjects
REPORT writing ,CRIMINAL justice system ,POLICE ,SCHOLARS ,CRIMINALS - Abstract
The main purpose of this study is to provide an overview of the Israeli criminal justice system and highlight its unique features for both the United States (U.S.) criminal justice sciences and the global criminal justice systems. To accomplish this goal through qualitative methods, this study utilizes recent scholarly research papers written not only by the national scholar of Israel but also by international scholars who have conducted research concerning Israel. Additionally, this study suggests some unique features of Israel’ criminal justice system for the (U.S.) criminal justice systems and other countries' criminal justice systems. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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111. The Validity and Criticisms 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 ,HUMAN rights ,JUSTICE ,JUSTICE administration ,PROSECUTION - 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
112. A BLUEPRINT FOR RESTORATIVE CRIMINAL JUSTICE IN THE UNITED STATES: THREE NON-TRADITIONAL SYSTEMS COMING TOGETHER.
- Author
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DE LA CRUZ, KATELYN
- Subjects
RESTORATIVE justice ,CRIMINAL justice system ,RETRIBUTION ,PUNISHMENT in crime deterrence ,RECIDIVISM - Abstract
The state and federal criminal justice systems in the United States aim to achieve two main goals: retribution and deterrence. However, neither of those goals are being effectively achieved. Retribution is lacking as victims are not able to seek justice on their own terms, offenders are never forced to take accountability for their actions, and society continues to pay the price for the harm done. Criminals are also not being effectively deterred, as recidivism rates are high, and incarceration is not an effective punishment. Three non-traditional justice systems: tribal courts, the South African Truth and Reconciliation Commission, and Rwandan Gacaca courts, have been practicing principles of restorative justice that would be more successful in providing retribution and deterrence than the current United States systems. This paper examines the infrastructure and principles behind the three systems and creates a modified restorative justice system to replace the current retributive system in the United States. [ABSTRACT FROM AUTHOR]
- Published
- 2024
113. Artificial intelligence in forensic psychiatry: admissibility and relevance before courts.
- Author
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Bhattacharya, Reema and Khan, Aqueeda
- Abstract
"Technology" and "Criminal law" are usually considered separate subjects. Artificial intelligence in courts has raised questions about criminal procedural law. Investigations and crime perception have changed due to the digital society. Humans have a duty to maintain the law, but the fast digital shift in people's lives is affecting how they do so. Technology and AI are crucial for the criminal justice system (CJS). In the scientific community, methodology, and approaches, AI is defined. It's usually used to describe something that simulates human cognition with a machine. Advances in neuroimaging, AI, and machine learning have led to the development of brain-reading technologies that could be used for lie detection, brain-computer interfaces, and brain mapping in the near future. Politicians, technicians, and lawyers, among others, must collaborate for the good socio-research of society, particularly in the criminal justice system. In this paper, we review and analyse the literature on the use of brain-reading AI for neuroprotection of violence and rearrest to identify opportunities and challenges in the future use of these techniques in the fields of forensic psychiatry and criminal justice, while taking legal implications and ethical concerns into account. More research on AI neuro-prediction techniques is needed, according to the study, to complete the investigation, and it is still important to understand how they might be employed in the field of forensic psychology. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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114. Editorial of dossier "Digitalisation and criminal justice: procedural aspects" - An introductory overview.
- Author
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Vicoli, Daniele
- Subjects
DIGITAL technology ,CRIMINAL justice system ,CRIMINAL procedure ,TRIALS (Law) ,VIDEOCONFERENCING - 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
115. "Were Just Here to Get that Piece of Paper": An Investigation of the Reciprocal Educator-Scholar/Police Practitioner-Student Relationship.
- Author
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Scott, Yolanda M.
- Subjects
CRIMINAL justice system ,CRIMINAL justice personnel ,PEACE officers ,CRIMINAL law ,LAW enforcement - Abstract
The nature and quality of partnerships between university-based researchers and criminal justice practitioners (i.e., law enforcement) is a welcomed union theoretically, however in practice there is notable tension. The competing paradigms of education and research for the police as opposed to education and research on the police are examined using data from two studiesa sample of 192 Pennsylvania police officers and a Massachusetts police department needs assessment. Social policy implications for criminal justice education will be discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2005
116. 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
117. 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
118. 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
119. Taken for Grant-ed: Assessing the Short-Comings of the Grant Test's Application to the Evidence Obtained from Personal Devices.
- Author
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OGDEN, LAUREN-JEAN
- Subjects
JUSTICE administration ,CRIMINAL justice system - Abstract
Section 24(2) of the Canadian Charter of Rights and Freedoms provides a remedy for individuals who suffer harm to their constitutionally protected rights during evidence collection.1 The framework for a section 24(2) analysis has three distinct steps, the last being a determination of whether the admission of the evidence in question would bring the administration of justice into disrepute. Since 2009, the three-step test laid out by the Supreme Court of Canada in R v Grant has been used to arrive at a conclusion on the third factor.2 However, with the advent of new "types" of evidence the sufficiency of the current application of the Grant test must be revisited. In particular, it appears the Grant test is inept at handling evidence obtained from personal devices. In this paper, I explore how judges have taken the unique nature of personal device content for granted, leading to the frequent inclusion of evidence which would have been excluded had it existed in the form of a paper document. This has led to a section 24(2) regime that does not fulfill its purpose of protecting the good repute of the justice system, and instead communicates the justice system's condonation of the violation of individual's rights against unreasonable search and seizure, so long as the ends justify the means. [ABSTRACT FROM AUTHOR]
- Published
- 2022
120. 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
121. Support for vigilantism in cyberspace: exploring procedural justice, distributive justice, and legal legitimacy.
- Author
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Ireland, Leanna
- Subjects
DISTRIBUTIVE justice ,PROCEDURAL justice ,VIGILANCE committees ,CYBERSPACE ,DEVIANT behavior ,CRIMINAL justice system - Abstract
Vigilantism, harmful acts conducted in response to social deviance and criminal activities, are increasingly happening in cyberspace. These cyber acts often have detrimental effects, and efforts at prosecution attempts can be unsuccessful, difficult, or nearly impossible. An understanding of support for cyber vigilantism can help deter activity and mitigate some of the associated harms. The paper, using US-based survey data, tests whether public perceptions of distributive and procedural justice, via perceived legitimacy of the criminal justice system, are associated with support for cyber vigilantism. The findings provide support for the process-based model of legitimacy. Procedural justice is mediated by legitimacy in its influence on support. Distributive justice, however, has a strong direct association with cyber vigilantism support. The paper discusses the implications of the findings for the field of cyber vigilantism. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
122. Driver Licences, Diversionary Programs and Transport Justice for First Nations Peoples in Australia.
- Author
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Masterton, Gina, Brady, Mark, Watson-Brown, Natalie, Senserrick, Teresa, and Tranter, Kieran
- Subjects
FIRST Nations of Canada ,INDIGENOUS Australians ,DRIVERS' licenses ,CRIMINAL justice system ,ROAD users - Abstract
In Australia, one significant cause of the imprisonment and disadvantage of First Nations people relates to transport injustice. First Nations people face obstacles in becoming lawful road users, particularly in relation to acquiring driver licences, with driving unlicensed a common pathway into the criminal justice system. This paper identifies that while some programs focus on increasing driver licensing for First Nations people, there are significant limitations in terms of coverage and access. Further, very few diversionary or support programs proactively address the intersection between First Nations people’s driver licensing and the criminal justice system. Nevertheless, it is argued that scope does exist within some state and territory criminal justice programs to enhance transport justice by assisting First Nations people to secure driver licensing. This paper highlights the need for accessible, available and culturally safe driver licencing support programs in First Nations communities led by First Nations people. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
123. Ushering in a New Era: Assessing the Reasonable Expectation of Privacy vis-à-vis Cryptocurrency and Blockchain Data.
- Author
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LESIUK, NOAH
- Subjects
ACTIONS & defenses (Law) ,CRYPTOCURRENCIES ,BLOCKCHAINS ,LAW enforcement ,CRIMINAL justice system - Abstract
In recent years, the technology of cryptocurrency has become increasingly mainstream and has been documented as playing a role in the commission of contemporary criminal activity. The law must be responsive to these new techniques for committing crimes and adapt accordingly. Currently, there is a dearth of both jurisprudence and literature as it relates to section 8 of the Canadian Charter of Rights and Freedoms and the search and seizure of cryptocurrency by law enforcement. For the protections of section 8 to apply, there must be a reasonable expectation of privacy in the matter searched or seized by authorities. This paper analyzes the reasonable expectation of privacy as it relates to cryptocurrency in three different ways: first, in cryptocurrency transaction data on the blockchain, which is a public ledger that records cryptocurrency transactions; second, in various types of cryptocurrency storage mediums; and third, in user information on cryptocurrency exchanges. Previous section 8 Charter jurisprudence, U.S. case law, secondary sources, and blockchain data were all utilized to guide these analyses. Applying the reasonable expectation of privacy test to these inquiries yielded three distinct findings. It was determined that there is no reasonable expectation of privacy in cryptocurrency transaction data on the blockchain, that there is a reasonable expectation of privacy in various types of cryptocurrency storage mediums, and that there is a reasonable but diminished expectation of privacy in user information on cryptocurrency exchanges. [ABSTRACT FROM AUTHOR]
- Published
- 2023
124. Relational security: conceptualization and operationalization in small-scale, strengths-based, community-embedded youth justice facilities.
- Author
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Souverein, Fleur, Mulder, Eva, van Domburgh, Lieke, and Popma, Arne
- Subjects
PARENT attitudes ,THOUGHT & thinking ,ADOLESCENT development ,SOCIAL support ,RESEARCH methodology ,ATTITUDES of medical personnel ,MOTIVATION (Psychology) ,SELF-perception ,COMMUNITY health services ,MEDICAL personnel ,INTERVIEWING ,ECOLOGY ,SECURITY systems ,PATIENTS' families ,QUALITATIVE research ,PATIENTS' attitudes ,HUMANITY ,RESPONSIBILITY ,SELF-efficacy ,PRE-tests & post-tests ,RESIDENTIAL care ,ACTION research ,RESEARCH funding ,THEORY ,INTERPROFESSIONAL relations ,INTERPERSONAL relations ,PATIENT-professional relations ,JUDGMENT sampling ,STATISTICAL sampling ,DATA analysis software ,DATA analysis ,PATIENT safety ,THERAPEUTIC alliance ,CONCEPTS ,CRIMINAL justice system ,REFLECTION (Philosophy) - Abstract
Background: Given the developmental vulnerability of justice-involved youth, providing a safe environment in secure facilities is a paramount, yet challenging task. Within this complexity, a sound security framework is key. The security framework exists on three dimensions: physical, procedural and relational security. Existing knowledge points at the importance of a shift in focus on physical and procedural security towards relational security as the core of the security framework. At the same time there is a dearth of knowledge on relational security, particularly in the context of youth justice. This paper explores relational security and its working mechanisms in practice. Methods: This paper draws on findings of a comprehensive three-year evaluation of three small-scale, community-embedded facilities that are grounded in relational security. The approach of the evaluation was derived from action research, involving a cyclic process alternating between action, research and critical reflection, while engaging all stakeholders in the research process. The action research cycle involved qualitative research (a total of 63 semi-structured interviews) incorporating the perspective of staff, youth and parents. Results: Relational security is grounded in three distinct, but interrelated, elements – staff's basic attitude, a constructive alliance between staff and youth, staff presence – and promotes a safe and therapeutic environment through several mechanisms. Conclusions: Relational security can be defined in a practical conceptualization; outlining a way of working that guides staff in how to establish a safe and therapeutic environment in secure facilities. This conceptualization finds support in the well-established literature covering the therapeutic alliance and can be substantiated by two aligning theories concerning youth justice strategies: social-ecological theory and self-determination theory. Relational security is not only a way of working, but also a way of being. It encompasses a vision about security and mentality towards justice-involved youth that sees them not merely as 'risks to be managed', but primarly as 'resources to be developed'. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
125. «NE BIS IN IDEM» PRINCIPLE IN CRIMINAL PROCEEDINGS - COMPARATIVE ANALYSIS WITH INTERNATIONAL INSTRUMENTS AND KOSOVO LEGISLATION.
- Author
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Çeku, Orhan M. and Kadriu, Arian
- Subjects
CRIMINAL procedure ,LEGAL norms ,CRIMINAL justice system ,EUROPEAN Convention on Human Rights ,LEGAL recognition ,HUMAN rights ,CURRENT awareness services - Abstract
Background: Criminal procedure law consists of legal principles, such as a fair and impartial trial and within a reasonable time, presumption of innocence, the principle "in dubio pro reo," independence of the court, equality of parties, the principle "ne bis in idem"3 etc. Among the main principles recognised by International Conventions, the Constitutions of States, and Criminal Procedure Laws is the principle, "The right not to be tried twice for the same offence," or as it is also known, "ne bis in idem." The principle "in bis in idem" is used in Kosovo's criminal proceedings, and recognition of this principle by international convention, including its recognition by the Law of the European Union, is analysed in this paper. The legislation of Kosovo was established with the influence and assistance of the international community, which had an administration mandate until 17 February 2008, the date on which Kosovo declared its independence and, hence, separated from the former Yugoslavia. The new state is not a member of the UN but is officially recognised by more than 100 countries. In 2010, the International Court of Justice issued the Advisory Opinion which concluded, "The declaration of independence in respect of Kosovo on 17 February 2008 had not violated general international law." The purpose of this paper is to emphasise the importance of this principle when dealing with criminal cases before regular courts, the legal security that this principle provides to society, and the implementation of international legal instruments in the national law. Methods: The paper uses methods of analysis and synthesis, the descriptive method, as well as the method of doctrinal interpretation of legal norms of criminal proceedings. Results and conclusions: This principle has been accepted by international instruments and by Kosovo's constitutional and legal system. The application of this principle in the criminal justice system in Kosovo forms legal certainty for citizens and constitutes protection of the rights and legitimate interests of persons involved in criminal proceedings. Kosovo has applied international standards in the implementation of criminal legislation and has directly incorporated international human rights instruments into its constitutional system (International Covenant on Civil and Political Rights adopted by the UN in 1966, ensued by the European Convention for the Protection of Human Rights and Fundamental Freedoms). [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
126. A Systematic Review of Autistic People and the Criminal Justice System: An Update of King and Murphy (2014).
- Author
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Collins, J., Horton, K., Gale-St. Ives, E., Murphy, G., and Barnoux, M.
- Subjects
MEDICAL databases ,CINAHL database ,PSYCHOLOGY information storage & retrieval systems ,SYSTEMATIC reviews ,MOTIVATION (Psychology) ,CRIME ,AUTISM ,MEDLINE ,CRIMINAL justice system - Abstract
The purpose of this paper was to determine whether recommendations made by King & Murphy (Journal of Autism and Developmental Disorders 44:2717–2733, 2014) in their review of the evidence on autistic people in contact with the criminal justice system (CJS) have been addressed. Research published since 2013 was systematically examined and synthesised. The quality of 47 papers was assessed using the Mixed Methods Appraisal Tool. Findings suggest a limited amount of good quality research has been conducted that has focused on improving our understanding of autistic people in contact with the CJS since 2013. Methodological limitations make direct comparisons between autistic and non-autistic offenders difficult. Autistic people commit a range of crimes and appear to have unique characteristics that warrant further exploration (i.e., vulnerabilities, motivations for offending). [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
127. Under Siege: Probation in a Changing Environment
- Author
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May, Tim, Reiner, Robert, editor, and Cross, Malcolm, editor
- Published
- 1991
- Full Text
- View/download PDF
128. The State of Authorship in Criminology: Perceptions of Right and Order among Elite Criminologists.
- Author
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Higgins, Ethan M., Swartz, Kristin, and Hayden, Emily A.
- Subjects
CRIMINOLOGY ,CRIMINOLOGISTS ,AUTHORSHIP ,CRIMINAL justice system ,AUTHOR-reader relationships - Abstract
Although journal outlets are beginning to put forth explicit criteria that define authorship, studies have also found that there are nonetheless components of authorship philosophies that remain interactional and culturally defined among members of particular scientific communities. In line with other scientific fields, authorship practices and philosophies are central to publishing in criminology. By drawing from a set of 40 interviews with elite scholars in the field, this paper investigates authorship philosophies prominent in criminology. This paper contributes to knowledge on criminological research practices in two ways. First, this paper contributes to the scant literature on authorship in criminology by investigating cultural definitions of what constitutes authorship right and order. Second, this paper contrasts widespread notions of scientific literate practices as being universal and instead builds on a body of work suggesting that literate practices in scientific communities are culturally defined. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
129. Kaupapa Māori concept modelling for the creation of Māori IT Artefacts.
- Author
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Shedlock, Kevin and Hudson, Petera
- Subjects
MAORI (New Zealand people) ,NETWORK governance ,HTTP (Computer network protocol) ,ARTIFICIAL intelligence ,CRIMINAL justice system - Abstract
This paper introduces a kaupapa Māori model for the creation of Māori Information Technology (IT) artefacts, an alternative Artificial Intelligence (AI) related development to the exciting colonial dominated AI biased systems. In Aotearoa, Māori are overrepresented in underachievement in education, poor health, welfare dependency and incarceration rates (New Zealand Department of Corrections. 2007. Over-representation of Māori in the criminal justice system: an exploratory report. Department of Corrections [updated January 2022; accessed]. https:// www.corrections.govt.nz/__data/assets/pdf_file/0014/10715/Overrepresentation- of-Maori-in-the-criminal-justice-system.pdf.; Maclaurin J, Liddicoat J, Gavighan C, Knott A, Zerilli J. 2019. Government use of artificial intelligence in New Zealand. Wellington, New Zealand: The New Zealand Law Foundation). These disparities are now surfacing in imperial algorithms and exacerbating biased stereotypes in AI systems. We theorise that Kaupapa Māori theory is the foundation for the action of a Kaupapa Māori Modelling IT Artefact that provides solutions to solve whānau, hapū and iwi problems. We reflected on a critical review of selected literature on historical and contemporary Māori leadership and governance to identify elements of mātauranga and tikanga Māori that could enshrine the IT Artefacts. Investigations then took place to seek ways to transfer these elements of mātauranga and tikanga Māori into framed IT Artefacts during the problem initiation stage of the artefact. This paper presents a kaupapa Māori model for the creation of Māori IT artefacts. Whilst no discrete testing was undertaken, the Kaupapa Māori model provides an avenue to pursue an ontological paradigm using cause and effect theory for future research. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
130. Plea bargaining in the Nigerian criminal justice system: A procedural tool for loot recovery or justice administration?
- Author
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Salihu, Habeeb Abdulrauf
- Subjects
CRIMINAL justice system ,JUSTICE administration ,PLEA bargaining ,ECONOMIC crime ,PROCEDURAL justice - Abstract
Plea bargaining is one of the procedural tools introduced into the Nigerian Criminal Justice System to ensure quick dispensation of justice, save time and resources that would have been spent on a trial, and solve the problem of prison congestion in the country. This paper examines the application of this procedural tool in the administration of justice in corruption cases in Nigeria. It argues that plea bargaining is used by the Economic and Financial Crime Commission (EFCC) mainly to recover looted resources from the culprits without giving due consideration to the provisions of the law and the essence and purposes that punishment serves. Also, the application of plea bargaining in various corruption cases has resulted in lighter punishments for the culprits. The paper draws on Deterrence Theory to argue that the way plea bargaining is being applied in corruption cases may encourage corrupt practices, rather than deter offending. Therefore, to achieve a reasonable outcome in fighting corruption in Nigeria, the rule of law must be upheld. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
131. The support and supervision needs of prison officers working within prison environments. An empty systematic review.
- Author
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Forsyth, Joanne, Shaw, Jennifer, and Shepherd, Andrew
- Subjects
PRISONERS ,PRISON conditions ,PRISONS ,MORALE ,JOB satisfaction ,GREY literature ,CRIMINAL justice system ,MENTAL work - Abstract
Prison is an integral part of the criminal justice system. When we consider prison, we tend to focus on incarcerated prisoners and their needs. The pressures experienced by prison officers, taking care of prisoners, have continued to intensify, causing prison officers to experience high levels of work-related stress, mental and physical ill health and concerns for their own safety. It is therefore surprising the support and supervision needs of prison officers, working with prisoners within prison environments, have been overlooked. A systematic search of literature was conducted using eight electronic databases: Medline, Social Policy and Practice, AMED, PsycINFO, Pub Med, EMBASE, ASSIA and Sage publications. Grey literature was also searched in addition to reference lists of retrieved full articles. All searches were conducted during May 2021. This systematic review did not yield any studies that met all the inclusion and assessment criteria. Although one paper explored the support and supervision practices for prison officers working within specialist prison environments; there were no papers on the support and supervision needs of typical prison officers, working within typical prison environments. The result of this review highlights a major gap in the current literature and in our understanding of the emotional support and supervision needs of all prison officers. It is now imperative that these needs are identified and understood with the aim of providing a planned and consistent model of care, combining emotional wellbeing training, support and supervision that is beneficial and meaningful for all prison officers. In doing so, it is hoped, to increase prison officer morale, reduce physical and mental ill health and lead to greater job satisfaction and retention of prison officers, ultimately, providing a more restorative and supportive prison environment. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
132. Legal response to protection of right to communicate e appropriate adults during process of arrest or detention.
- Author
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Almusawi, Bassim Jameel
- Subjects
EUROPEAN Convention on Human Rights ,CRIMINAL justice system ,ELECTRONIC journals ,PRACTICE of law ,LEGAL judgments ,LEGAL procedure ,LEGAL rights - Abstract
Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
133. Who's in Prison in the U.S.? Who's Not? A Special Call for Papers.
- Subjects
- *
CRIMINAL justice system , *SAME-sex relationships - Abstract
This article focuses on this periodical's calls for gender papers that focus on the U.S. system of criminality and prisons, as well as the decriminalization of same sex relationships.
- Published
- 2010
134. ISLAH EDİCİ YENİ YÖNTEMLERİN KURGUSAL DÜZLEMDE KEŞFİ: AVRUPA SARI KÂĞITLARI YIRTABİLDİ Mİ?
- Author
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KOÇ, Canan OLPAK
- Subjects
CRIMINAL justice system ,CRIMINALS ,SOCIAL groups ,SOCIAL context ,LIBERTY - Abstract
Copyright of Electronic Turkish Studies is the property of Electronic Turkish Studies 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
- 2012
135. Turning Point Balancing Free Press and Fair Trial Rights after Sheppard v. Maxwell.
- Author
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COYLE, ERIN K.
- Subjects
SHEPPARD v. Maxwell (Supreme Court case) ,FREE press & fair trial ,FREEDOM of the press ,LAW enforcement officials ,CRIMINAL justice system ,MASS media & criminal justice ,ACTIONS & defenses (Law) - Abstract
In 1966, the US Supreme Court overturned a conviction after pervasive coverage of a crime and court proceedings deprived a defendant's fair trial rights. Two North Carolina judges subsequendy issued a rule of court restricting the information trial participants, court workers, and law enforcement officers couldpublicly release between the time of an arrest and the end of a trial. Journalists indicated a virtual blackout on crime news followed as law enforcement officers cited the rule when refusing to release crime and accident reports. Editors initially presented the rule as a threat to press freedom, which undermined the press' responsibility to scrutinize criminal justice. News editorials criticized the rule, reflecting journalists' fears that the North Carolina experience exemplified the potential for police and judges to create broad blankets of secrecy. Members of the press and bench, however, ultimately came together to address ways to protect free press and fair trial rights. This article uses interviews of Judge E. Maurice Braswell and historical analysis of the archival paper collections ofJudge Raymond B. Mallard, Samuel T. Ragan, and Elmer Oettinger, Jr. This article aims to describe the North Carolina judges'motivation for issuing the order, judges' reactions to the order, press reactions to the order, judges' reactions to that press coverage, and methods that one of the judges and one of the journalists ultimately recommended to address free press and fair trial rights. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
136. White Paper on Police 1994, Chapter IV: Promotion of Measures Against Organized Crime Groups.
- Subjects
LITERARY excerpts ,CRIMINAL justice system - Abstract
An excerpt from the report "White Paper on Police 1994" that was released by the Japanese National Police Agency in 1995 is presented.
- Published
- 1996
137. Autism spectrum disorder, extremism and risk assessment.
- Author
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Allely, Clare S., Jouenne, Emma, Westphal, Alexander, Staufenberg, Ekkehart, and Murphy, David
- Subjects
- *
AUTISM spectrum disorders , *COGNITIVE styles , *RISK assessment , *RADICALISM , *CRIMINAL justice system - Abstract
Background: To date, there is no evidence supporting the existence of an association between Autism Spectrum Disorder (ASD) and extremism in the general population. However, there is increasing recognition that several features of ASD may provide the context of vulnerability to engage in extremist behaviour. Aims: This paper sets out the case for a dedicated clinical approach to better integrate clinical risk appraisal processes with an assessment of ASD individuals' vulnerabilities within the Criminal Justice System. Methods and Results: In this paper the Framework for the Assessment of Risk & Protection in Offenders on the Autistic Spectrum (FARAS): A Guide for Risk Assessors Working with Offenders on the Autistic Spectrum is explored. In developing the FARAS, Al‐Attar proposed seven facets of ASD that 'may have different functional links with push and pull factors to terrorism' (p. 928), which include circumscribed interests; rich vivid fantasy and impaired social imagination; need for order, rules, rituals, routine and predictability; obsessionality, repetition and collecting; social interaction and communication difficulties; cognitive styles and Sensory processing. Discussion and Conclusion: We describe the FARAS within the context of the most widely used clinical risk appraisal 'aide memoire' instruments integral to the Structured Professional Judgement of risk process, namely the HCR20v3. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
138. Similar But Different: Intimate Partner Violence Experienced by Women and Men.
- Author
-
Roebuck, Benjamin S., McGlinchey, Diana, Lysova, Alexandra V., Hastie, Kristine, and Taylor, Marissa
- Subjects
SELF-evaluation ,SOCIAL media ,INTIMATE partner violence ,SEX crimes ,MENTAL health ,HELP-seeking behavior ,EXPERIENCE ,DOMESTIC violence ,CRIMINAL justice system ,GENDER-based violence - Abstract
Purpose: Research on intimate partner violence (IPV) is generally focused on female survivors. However, in Canada, about half of all self-reported victims of IPV are men and 1 in 5 calls to police for domestic violence are for male victims. This paper takes a comparative approach to understanding survivors' experiences of IPV. Methods: Across Canada, 110 female and 45 male survivors of IPV were recruited through media, social media, and listservs for a survey and interviews in 2017. Results: Findings indicate areas of similarity (healthcare needs; difficulty accessing formal support; fear of false accusations) and areas of difference (availability of formal support; types of violence experienced most often; interactions with the justice system). Women and men reported similar types of IPV, with women experiencing higher rates of sexual violence, stalking, and damage to property. Women and men reported similar physical and mental health consequences following IPV. Men were less satisfied than women with the response of the justice system, and both female and male participants encountered gender bias within the justice system. Some women reported being turned away from services that were at their maximum capacity, and men reported difficulty identifying IPV-related services for male survivors. Conclusions: Findings can be used by frontline service providers and the justice system to ensure that services are gender-inclusive and gender-sensitive. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
139. Enhancing Legal Certainty Through Restorative Justice: A Focus on the Role of Indonesia’s Attorney General’s Office.
- Author
-
Arimuladi, Setia Untung
- Subjects
RESTORATIVE justice ,JUVENILE justice administration ,LEGAL documents ,CRIMINAL justice system ,CRIMINAL procedure ,PROCEDURAL justice - Abstract
Restorative justice holds promise as an alternative to punitive approaches in the juvenile justice system, offering effective means of addressing criminal actions while promoting accountability and reconciliation. This paper explores the implementation of restorative justice in Indonesia’s legal landscape, examining its potential benefits, challenges, and regulatory frameworks. Through a normative juridical approach and qualitative analysis of legal documents and literature, the study underscores the importance of enhancing understanding and skills among law enforcement agencies, particularly the Attorney General's Office, in effectively applying restorative justice principles. By upholding values of justice, decency, and morality, the Attorney General's Office can play a pivotal role in fostering a more humane and efficient criminal justice system that serves the interests of society as a whole. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
140. Drug War Dragnet: Surveillance, Criminalization, and Drug War Logic within and beyond Community Supervision.
- Author
-
Cohen, Aliza and Moore, Melissa
- Subjects
DRUG overdose ,COMMUNITY supervision ,CRIMINAL justice system - Abstract
This paper examines the multilayered dynamics behind the drivers of overdose deaths, criminal legal-system involvement, and the drug war infiltration of people's everyday lives—especially for people under community supervision. While incarceration receives more media and academic attention because of its particular cruelty, almost twice as many people—3.7 million, or one in every sixty-nine U.S. adults—are under community supervision. Probation and parole are commonly understood as "alternatives to incarceration" or "lenient sentences," but people on supervision must endure constant monitoring, perpetually under the threat of incarceration. Drug war policies and practices have profoundly shaped probation and parole. Regardless of someone's original sentence, abstinence from drugs, drug testing, submission to warrantless searches, and court-ordered treatment are routine features of supervision. The putative goal of community supervision is to ensure successful reintegration; yet drug war surveillance enacts extensive barriers, while not reducing drug use or drug-related harms like overdose. In order to ensure health, financial security, and overall well-being of those under supervision, policymakers, probation and parole officers, clinicians, service providers, and researchers must work to identify and remove barriers to care, including routine drug testing, substandard or forced substance use disorder treatment, and poor-quality services and support. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
141. The Right to Register an FIR: Foundation for Fair Trials in Pakistan.
- Author
-
Batool, Tayyaba, Shaheen, Muhammad Babar, Akbar, Muhammad Sulyman, and Rafique Rana, Muhammad Zahid
- Subjects
CRIMINAL trials ,CRIMINAL justice system ,INFORMATION retrieval ,WRITING processes - Abstract
The First Information Report (FIR) serves as the foundation for criminal trials. The Station House Officer(s) (SHO) of the investigation agency is under an obligation to promptly register an FIR whenever any information regarding the commission of a cognizable offence comes to their knowledge, whether orally or in writing. However, they often refuse to do so or delay its registration. Consequently, victims or informants must resort to courts against this action of SHO. This research paper deals with a very important legal question: whether an SHO can refuse or delay the registration of an FIR in a cognizable offence. It also explores whether an SHO can inquire into the truthfulness of the information without first registering it. This research concludes that SHOs have no discretion in this matter. The informant or victim has the right to register an FIR. This should be accepted by the investigation agency. They need to be trained. Its recognition should be unequivocally declared by police authorities through issuing necessary directions to SHOs. Online FIR system can be a vital solution. These steps are sin qua non to ensure fair trials in the criminal justice system (CJS) of Pakistan. [ABSTRACT FROM AUTHOR]
- Published
- 2024
142. From Violation to Vindication: Human Rights in the Aftermath of Crime.
- Author
-
Kanwel, Sidra, Asghar, Usman, and Khan, Muhammad Imran
- Subjects
HUMAN rights violations ,CRIMINAL justice system ,RESTORATIVE justice ,PUBLIC institutions ,CIVIL rights - Abstract
This paper delves into the intricate dynamics between crime and human rights, emphasizing the comprehensive impact on victims, accused individuals, and the broader societal fabric. In the wake of criminal activities, victims often face a dual plight: the initial infringement of their rights and subsequent challenges navigating the justice system. Simultaneously, the rights of the accused, particularly concerning fair trial and presumption of innocence, are at risk of being compromised. The societal aftermath of crime can lead to heightened insecurity, stigmatization of groups, and an erosion of trust in public institutions, prompting measures that may infringe upon civil liberties. Through the lens of international human rights law, case studies, and rehabilitation initiatives, this research article aims to chart a course from the violation to the vindication of human rights post-crime. It proposes a multifaceted approach involving legal reforms, victim support, restorative justice practices, and the safeguarding of accused rights. This framework seeks not only to address the immediate effects of crime but also to restore social harmony and trust in the justice system, underpinning the development of a just and equitable society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
143. WORTHLESS CHECKS? CLEMENCY, COMPASSIONATE RELEASE, AND THE FINALITY OF LIFE WITHOUT PAROLE.
- Author
-
Pascoe, Daniel
- Subjects
- *
LIFE sentences , *PRISONERS , *PAROLE , *CLEMENCY , *PARDON , *CRIMINAL justice system , *JURISDICTION - Abstract
Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board. On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will inevitably and invariably lead to the prisoner's death while incarcerated. Few previous studies, however, have examined the finality of LWOP empirically. In this Article, I present original empirical data on clemency covering the period 1990-2021 in order to investigate the relationship between LWOP sentences and the release mechanisms of executive clemency and compassionate release in both state and federal cases. Ultimately, the results of this research reaffirm the finality of LWOP in the United States, despite the availability, on paper, of at least three potential release procedures. Only a handful of LWOP prisoners have received commutation or pardon from U.S. presidents, state governors, or pardons boards. Compassionate release has been granted almost as rarely. That said, some demographics tend to have benefited more than others. The findings presented within this Article are relevant not only to domestic clemency and end-of-life release policy but also to litigation dealing with a "right to hope" as a component of human dignity, and to the academic debate over LWOP as a global replacement for the death penalty and a form of "extreme" punishment of its own accord. [ABSTRACT FROM AUTHOR]
- Published
- 2024
144. A FAIRNESS-BASED DEFENSE OF NON-PUNITIVE RESPONSES TO CRIME.
- Author
-
Brucato, Giorgia and Jovchevski, Perica
- Subjects
COOPERATION ,CRIMINAL justice system ,CRIME ,CRIMINAL act ,JUSTICE - Abstract
In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
145. The Relationism Theory of Criminal Justice—A Paradigm Shift.
- Author
-
Liu, Jianhong
- Subjects
JUSTICE ,CRIMINOLOGY ,CRIMINAL justice system ,RESEARCH questions ,CRIMINALS - Abstract
There are two significant difficulties in building a general criminal justice theory. First, different from criminology theories, criminal justice produces multiple outcomes at different levels. Second, the scopes of existing theories largely originate from Western contexts and data, few including cross-cultural variation. This paper outlines a unified theory to explain multiple criminal justice outcomes at the system, institutional, and individual levels across cultures under a paradigm shift from the current "monotonic paradigm" to a more general "comparison paradigm." The new paradigm logically contains the existing paradigm while broadening research questions and scope of criminal justice studies. It constructs a new set of concepts and propositions, presenting an effort toward a general causal criminal justice theory. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
146. Recent Legal Developments: Criminal Justice Decisions of the United States Supreme Court, 2022 Term.
- Author
-
Hemmens, Craig, McGlynn, Ciara, and McMillin, Mary J.
- Subjects
CRIMINAL justice system - Abstract
In this paper, we review and analyze the criminal justice–related decisions of the 2022 term of the United States Supreme Court. We also provide a summary of the Court's voting patterns and opinion authorship. Fourteen of the Court's 58 decisions touched on criminal justice. There were significant decisions involving the First Amendment, the Sixth Amendment, and federal criminal statutes. Each of these is discussed in turn. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
147. Enhancing Criminal Detection: A Multi-Step Approach for Live Location Tracking and Emotion Verification Using Facial Recognition Technology.
- Author
-
Mohammed, Yahya Abdulsattar
- Subjects
HUMAN facial recognition software ,CRIMINAL justice system ,CRIMINAL investigation ,LAW enforcement ,ARTIFICIAL intelligence ,JUSTICE - Abstract
This paper offers a thorough analysis of the state of deceit detection in criminal justice and law enforcement settings as of right now. The study, which synthesizes findings from multiple investigations, emphasizes the progress made as well as the ongoing difficulties in accurately distinguishing deception from truth. The limitations of conventional techniques like behavior analysis interviews and polygraph exams, the potential of alternative strategies like voice tone analysis and facial expression analysis, and the moral ramifications of using emotional AI systems for deception detection are some of the main subjects covered. The review highlights the necessity for ongoing interdisciplinary research efforts and ethical concerns through critical analysis and discussion, in order to progress the field of deception detection while maintaining justice and respect to human rights values. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
148. The Future of Justice: A tribute to Mark George KC.
- Author
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Gower, Suzanne
- Subjects
JUDICIAL error ,CRIMINAL justice system ,EXCULPATORY DNA evidence ,POSTMASTERS - Abstract
A key theme in Mark's essay was the increased risk of wrongful convictions, which he saw as a natural consequence of the decline in criminal justice standards. The issue has been brought firmly into the public consciousness in a way not seen since the Irish terrorism miscarriages of justice of the late 1980's, not least due to the recent high-profile quashing of the conviction of Andrew Malkinson-who had served 17 and a half years in prison for a violent rape following the discovery of exculpatory DNA evidence--following on from the vast scale of the wrongful convictions of subpostmasters due to the Post Office Horizon scandal. Major inquiries are underway into both of these miscarriages of justice, so the issue will remain firmly in the public view for some time yet. As such, this paper will explore the key risks of miscarriages of justice and will examine measures currently being taken to alleviate that risk and maximise the possibility of their swift recognition and remedy. In the spirit of Mark George, it will endeavour to focus on the positive developments currently taking place, and highlight the work of the academics and legal practitioners who are dedicating their time and efforts in the aim of improving the system to the benefit of others in the future. [ABSTRACT FROM AUTHOR]
- Published
- 2024
149. Incarcerated youth and their siblings: A review of historical and current context, and future directions.
- Author
-
Garza, Micheal and Williams, Claire
- Subjects
JUVENILE justice administration ,SIBLINGS ,CRIMINAL justice system ,JUVENILE offenders - Abstract
The 2020 Juvenile Residential Facility Census reports that roughly 25,000 youth in the United States (U.S.) are incarcerated—placing the United States as the leading nation in number of juveniles in correctional facilities worldwide. This paper aims to highlight an overlooked population impacted by this issue: not the incarcerated youth themselves, but their siblings. This paper first grounds historical trends, the effects of racialized sociopolitical systems on disparate rates of incarceration, and the current state of youth incarceration, with a specific focus on impacts on families. This paper reviews the literature on how families are affected by the juvenile justice system in terms of their well‐being, education, and other outcomes—drawing from the small body of research directly on siblings and hypothesizing impacts in need of further study based on families' experiences in the criminal justice system. We present historical and current issues/limitations to understanding and addressing the impacts of youth incarceration on siblings, concluding with areas of future research needed to address the impacts that a youth's incarceration has on their siblings and family. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
150. Police Court Rota: women's archiving and access to legal life in early twentieth-century England.
- Author
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Lammasniemi, Laura
- Subjects
- *
TWENTIETH century , *WOMEN'S history , *CRIMINAL justice system , *ARCHIVES , *PROFESSIONALIZATION - Abstract
The period of the early twentieth century is marked by an intense struggle on the part of women to gain access to professional careers and the public sphere. This paper contributes to a wider discourse on women's professionalisation, by focusing specifically on women's access to legal professions and the role archiving played in that process in the years preceding the Sex Disqualification (Removal) Act 1919 in light of the Police Court Rota, run by the Association for Moral and Social Hygiene (AMSH). The members of the Rota acted as observers in criminal cases, interviewers, writers and activists at the time when women were formally excluded from courtrooms and legal life. The paper draws extensively from the archives of the AMSH and National Vigilance Association and argues that observations, legal record creation and archiving gave middle-class women volunteers access to legal professions and power, despite formal exclusions. These records and collections, in part, counter law's missing archive on women and criminal justice. This paper examines what these counter archives tell us about exclusion of women from legal history and the role archiving played within women's professionalisation, and in turn, how class and colonial bias manifested within that process of archive creation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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