Search

Introduction: This paper explores the fate of South Australia's highly regarded Police Drug Diversion Initiative over the past 10 years. Methods: The paper uses historical and legal analysis, including publicly available data as to rates of drug use, arrests and diversions, media reports, legislation and Hansard debates. Results: In the mid‐2010s, amidst growing anxiety about levels of amphetamine‐type stimulants use in Adelaide, a coroner's report became the poster child for what was seen by the Liberal opposition as the excessive leniency and 'waste of resources' of the Police Drug Diversion Initiative. Despite being universally praised for its efficacy, the Liberal government, when elected, passed amendments to the legislation which 'capped' diversions at two. This ended the period in which diversions from criminal to social justice systems was mandatory for all persons charged with simple drug possession. But since then, the diversion rate in South Australia has plummeted in ways that cannot be explained merely because of these amendments. Discussion and Conclusions: The most highly regarded scheme for diversion of minor drug offenders to treatment is no longer effective. Indeed, the best scheme in the country may now be the worst. The essay draws attention to a catastrophe whose extent is not yet fully appreciated and suggests ways in which we can begin to explain why such a small change has had such dramatic and unforeseen consequences. Like some sort of perverse alchemy, Australia's gold standard for drug diversion has been turned into lead. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to remove the self-evidence of the concept of severe and multiple disadvantage (SMD) by drawing upon a historical as well as a critical perspective to show its contingency. Design/methodology/approach: This paper will introduce the concept of SMD by examining how it has come to be understood in the way that it has. This paper does so by exploring key texts which have informed the development of the concept as well as its conceptual near neighbours such as "multiple needs". This paper traces some advancements of the concept within practice and further research with a focus on the Fulfilling Lives programme and the Lankelly Chase Foundation. Finally, the author reflects critically upon the concept and the manner in which the concept has become operationalised. Findings: This analysis demonstrates how a particular definition of SMD has come to dominate over the past few years because of the research and practice of key organisations. On the one hand, this has further marginalised alternative definitions and ways of working, but on the other hand these stakeholders have been able to influence the way in which UK policy has taken up the concept within its governmental priorities. Originality/value: To date, research has taken the term SMD for granted which limits the ability to critique its definitions and applications. This is an important and timely contribution because concepts are all-too-often taken for granted and at a pivotal moment when SMD has become nationalised through policy, critique is a political, potentially transformative, act. [ABSTRACT FROM AUTHOR]

In 2020, the police force of New South Wales, Australia, began to distribute a true crime podcast titled State crime command - investi - nvesgallons. My previous research investigates the attempts of true crime podcasts to fill 'justice regaps' in formal institutions such as police and courts. By addressing these justice gaps, the true fourcrime podcasts act as mediums of informal justice - forms of reparation outside those formal systems - particularly for victim-survivors and secondary victims of gender-based violence. in this paper, 1 evaluate State crime command investigations for its attempts to address justice gaps through a comparison with two wellknown Australian podcasts, Phoebe 's fall (2016) and Bowraville (2016). The paper concludes that the police true crime podcast seeks information from listeners without attempting to fill any justice gaps and, therefore, seems more useful as an advertisement of investigative pro - cedure, a recruitment strategy, or a tool for tying up the loose ends of investigations. [ABSTRACT FROM AUTHOR]

The subject of transgender rights has recently come under increasing scrutiny in many parts of the world. Despite this, there has been no research that analyses this issue from the perspective of cis-women living alongside transwomen in prison settings. This paper addresses this omission by analysing the views of fifteen cis-women in prison in Scotland, living on halls of four prisons that also housed transgender women. Findings are analysed across a range of areas incorporating the acceptance, support and solidarity as well rejection, feelings of vulnerability relating to transgender people in custody. Responses analysed highlight a diversity of views, reflective of wider societal perspectives about transgender people. This paper has relevance for prisons systems housing transgender people, and provides unique insights into the complexity of performances of gender within the contemporary prison settings. [ABSTRACT FROM AUTHOR]

Purpose: The global spotlight is increasingly shone on the situation of women in the male-dominated prison environment. Africa has observed a 24% increase in its female prison population in the past decade. This year is the 10-year anniversary of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) adopted by the General Assembly on 21 December 2010. Design/methodology/approach: Using a legal realist approach, this paper examines South Africa's progress in adopting the Bangkok Rules. This paper documents the historical evolution of the penal system since colonial times, focused on the development of recognition, protection and promotion of human rights of prisoners and an assessment of incarcerated women's situation over time. Findings: The analysis of the human rights treaties, the non-binding international and regional human rights instruments, African court and domestic jurisprudence and extant academic and policy-based literature is cognizant of the evolutionary nature of racial socio-political dimensions in South Africa, and the indeterminate nature of application of historical/existing domestic laws, policies and standards of care when evaluated against the rule of law. Originality/value: To date, there has been no legal realist assessment of the situation of women in South Africa's prisons. This paper incorporates race and gendered intersectionality and move beyond hetero-normative ideologies of incarcerated women and the prohibition of discrimination in South African rights assurance. The authors acknowledge State policy-making processes, and they argue for substantive equality of all women deprived of their liberty in South Africa. [ABSTRACT FROM AUTHOR]

This research paper envisages to throw light on the forensic importance of tattoos in investigation and identification from a global perspective. It also aims to analyze the relevance of tattoos in forensic science in India. The authors highlight that with increased passion and popularity in body modification, sometimes, tattoos are the only evidence that the judiciary solely depends to identify and convict an accused. Thus, tattoos play a significant role in criminal justice system. However, sole reliance on tattoos in this regard may not deliver precise conclusion as there are psychopathological and scientific gaps involved. This research paper is divided into two segments - Part I and Part II, to analyze and substantiate the objective of the paper with judicial and legislative backing. Finally, the paper provides recommendations which may improve the effectiveness of tattoos in forensic analysis and judicial proceedings in India. [ABSTRACT FROM AUTHOR]

Copyright of Archives of Criminology / Archiwum Kryminologii is the property of Polish Academy of Sciences, Institute of Legal 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.)

Summary: Structured observation can be valuable to complement self or parent reports used for diagnostic information or risk assessment, although this method is hardly used and understudied in residential forensic settings. To fill this void an observation checklist for residential social workers working in juvenile justice institutions was developed, along with an instruction manual and a training program. Findings: In the first two sections, this paper describes how an intensive collaboration between residential social workers, clinicians, researchers, and educators resulted in the development (1) and implementation (2) of an observation checklist for residential social workers. The observation checklist captures six concepts: Proactive and Reactive aggression, Hyperactivity, Impulsivity, Signs of depressed mood, and Lack of reciprocity. In a third, final section, this paper provides a preliminary evaluation of the inter-rater reliability of the six observation checklist concepts (3). Acceptable completion rates of the observation checklist by residential social workers were obtained and the training program resulted in reported improved professional expertise of residential social workers. Moreover, preliminary psychometric evaluation demonstrated acceptable to excellent inter-rater reliability, when expressed as percentage of agreement. Applications: In conclusion, this novel observation checklist offers a promising opportunity to collect information that can be used for diagnostic purposes. Limitations and recommendations for future research are discussed. [ABSTRACT FROM AUTHOR]

In 2016, the Supreme Court of Canada ("SCC") released its landmark decision in the case of R v Jordan. With the objective of addressing widespread delay within the Canadian justice system, the implications of the ruling were such that the Court set out definitive limits on the length of time in which accused persons must be brought to trial before a stay of proceedings is presumed to be entered. Since the decision, many scholars have emphasized the importance of resolving delay within the justice system to ensure that widespread stays of proceedings are not being entered, whereby the justice system may consequently fall into a state of disrepute. However, an equally important consideration that has not yet been explored concerns the risks that a failure to adequately remedy delay may result in police and Crown rushing to resolve cases within these strict time constraints. To explore this gap within the literature, this paper utilizes wrongful conviction concepts and available data to demonstrate that the current state of delay within the justice system has the potential to contribute to a "rush to justice" mentality among police and Crown. The development of such a mentality is problematic as it has the potential to lead to a wrongful conviction. Considering this elevated risk for wrongful convictions, this paper thus provides a new perspective in underscoring the importance of resolving delays within the justice system in the advent of Jordan. [ABSTRACT FROM AUTHOR]

Community-based treatment has long been a major component of the criminal justice system in most Western jurisdictions; however, this is not the case in China. Based on a review of academic journal articles and legal documents, this paper highlights the evolution of community correction programs for juvenile offenders in China. Reflecting on its development over the past two decades, the existing community correction programs in China are not restorative in facilitating an offender's effective reintegration into the community. This paper aims to address the existing gap by examining the historical roots and characteristics of Chinese juvenile community corrections and analyzing how restorative justice can be incorporated into the youth rehabilitation system. In this regard, this paper advocates for a restorative juvenile community correction model that motivates social capital and actively engages all concerned parties in meeting various correctional goals of victim reparation, accountability taking, capacity building, and maintaining community safety. With the momentum of the recent criminal justice reform alongside the continued open-door policy in China, it is hoped that the Chinese government may be more willing to include restorative ideas for offender reintegration in the future. With more frequent applications of restorative justice, we are confident that effective intervention models could be put into practice in the years to come. [ABSTRACT FROM AUTHOR]

As the ultimate spaces of invisibility and marginalization beyond the pale of respectable humanity, prisons engender the “mortification” of inmates, whether understood as a ‘civil death’, the stripping away of citizenship rights and of the legal protections deriving from them, or as a ‘social death’ triggered by the absence of any meaningful intercourse with society and crippling isolation at the margins of humanity. This is even more acutely the case for those subjected to protracted solitary confinement, which has been deemed by the United Nations a specific form of torture yet still marks the deep end of the American criminal justice system. Against this background, my paper explores the manner in which two recent collections of stories, Six by Ten: Stories from Solitary (2018) and Hell is a Very Small Place: Voices from Solitary Confinement (2016), offer glimpses into one of the most secretive and inaccessible spaces in contemporary society, the US prison. It is my contention that, aiming to render visible the covert practices and abuses fostered by the American criminal justice system, the (hi/her)stories in the two volumes under scrutiny offer humanizing perspectives of this deeply contentious and divisive contemporary issue of segregated incarceration. [ABSTRACT FROM AUTHOR]

This paper argues: (1) retributive theories of punishment fail to account for salient dimensions of homicide; (2) retributive theories must be supplemented by restorative justice principles in order to account for the phenomenon of homicide; and (3) in order to robustly account for the phenomenon of homicide in this way, retributive theories must relinquish their claim to justifying capital punishment. It begins by examining the values animating retributive theories of punishment and demonstrating how they conceal salient dimensions of murder and criminal justice, such as the basically interpersonal nature of crime and the psychological harm that stems from it. In order to account for these aspects of homicide, which escape consideration under retributivist values alone, this paper looks beyond those theories to the insights and values animating restorative justice. It argues that retributivism should be supplemented by a relational view of crime in order to bring into view the constellation of psychological harms that are associated with homicide. In order to more comprehensively theorize homicide and a just response to it by adopting the insights and values of restorative justice, retributive theory must sacrifice any claim to justifying capital punishment. The infliction of the death penalty is so fundamentally toxic to the aims and values animating restorative justice that capital punishment must be given up for the sake of an honest, comprehensive theory. This paper conceives in broad outline how punishment for murder could be tailored in light of restorative values in order to create the conditions for contrition, remorse, and genuine apology. [ABSTRACT FROM AUTHOR]

In this paper, we study the effectiveness of the Brazilian "Maria da Penha" Law—a law that imposed criminal sanctions on and promoted rehabilitation programs for known perpetrators of acts of domestic violence exclusively against women, issued restraining orders against perpetrators, required perpetrators to surrender firearms, and established police units uniquely trained to address violence against women. Using difference-in-difference analyses estimated with data on Brazilian monthly assault-related hospitalizations and with gender as treatment variable, we find that the law contributed to a 22% reduction in assault-related hospitalizations among women as compared with men. Our data is collected from the Brazilian public healthcare system named Sistema Único de Saúde, which provides public information on detailed records of hospitalizations in Brazil. We provide robustness checks of our analyses and examine heterogeneous effects of the law. With respect to the latter, we deduce that the effectiveness of the law in reducing assault-related hospitalizations among women was especially pronounced in municipalities where women are most vulnerable to domestic violence. We conclude with a discussion of our results, with an eye to policy implications and areas for future research. [ABSTRACT FROM AUTHOR]

Understanding the impacts of Adverse Childhood Experiences (ACEs) has rapidly emerged as an important area of research that has implications for those who work in youth justice settings. This paper identifies a series of considerations facing those who work in jurisdictions where Indigenous or First Nations peoples have much higher levels of contact with both child protection and criminal justice systems than other population groups. It presents some reflections from members of a non-Indigenous research team about their efforts to engage with cultural perspectives on ACEs research in a way that facilitates further discussion within the research community about the methodological decisions that are made when investigating issues that are of importance to members of minority culture communities. [ABSTRACT FROM AUTHOR]

This paper focuses on the individual holders of public office or duty and the numerous past and present criminal cases related to corruption and abuse of power. By analyzing the penal policies of the courts in several regions (North Macedonia, Romania, Croatia, Montenegro, and Albania), as well as the imposed sanctions and court verdicts, this paper presented the fundamental characteristics of the criminal justice system's functioning in preventing such forms of crime. Through a comparative analysis of experiences, empirical research (case study), and an overview of the situation in multiple Balkan countries, the paper, as a key result, offered a comprehensive examination of the specific offenses outlined in the legislations of the countries under investigation and presented legal solutions derived from various Balkan nations. Finally, the paper concludes that corruption is a general problem in all the investigated countries and proposes possible solutions. [ABSTRACT FROM AUTHOR]

The paper defends an interactive theory of the distinctiveness of criminal law. It argues that criminal law's distinctive behavior can be connected to the interaction between five traits: it is an institutional practice administered by a large and special bureaucracy, playing a substantial role in authorizing the use of coercive police force, leading to a harsh sanctioning regime linked, at least in part, with core wrongs and notions of personal responsibility. Although none of these features is exclusive to criminal law, their interaction leads to modes of behavior that set it apart from other institutions. The paper argues that putting attention on the effects of this interaction provides us with powerful tools to both understand and asses the value and problems of criminal law. [ABSTRACT FROM AUTHOR]

Pereboom and Caruso propose the quarantine model as an alternative to existing models of criminal justice. They appeal to the established public health practice of quarantining people, which is believed to be effective and morally justified, to explain why -in criminal justice- it is also morally acceptable to detain wrongdoers, without assuming the existence of a retrospective moral responsibility. Wrongdoers in their model are treated as carriers of dangerous diseases and as such should be preventively detained (or rehabilitated) until they no longer pose a threat to society. Our main concern in this paper is that Pereboom and Caruso adopt an idiosyncratic meaning of quarantine regulations. We highlight a set of important disanalogies between their quarantine model and the quarantine regulations currently adopted in public health policies. More specifically, we argue that the similarities that Pereboom and Caruso propose to substantiate their analogy are not consistent—despite what they claim—with the regulations underlying quarantine as an epidemiological process. We also notice that certain quarantine procedures adopted in public health systems are inadequate to deal with criminal behaviors. On these grounds, we conclude that Pereboom and Caruso should not appeal to the quarantine analogy to substantiate their view, unless they address the issues and criticism we raise in this paper. [ABSTRACT FROM AUTHOR]

The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder. [ABSTRACT FROM AUTHOR]

Social science researchers as well as legal practitioners in India are yet to explore how imprisonment of a person affects his or her entire familial set-up. The existing literature suggests myriad problems associated with the imprisonment of a family member, categorized under social, economic and psychological arenas. Methodologically, the present paper is based on ethnographic fieldwork conducted from March 2012 to February 2013 in Central Jail, Srinagar, with prisoners and their families. This paper primarily attempts to explore how imprisonment affects the families of prisoners? It also attempts to explore how families respond to the imprisonment of their family member, their coping patterns, their encounter with the wings of criminal justice system and other collateral damages. The study yielded multiple results ranging from disturbances in socio-economic affairs to disputes in inter-familial and intra-familial relationships and weakening of community ties besides other socio-economic disturbances. [ABSTRACT FROM AUTHOR]

This paper presents findings of a second trial evaluating telephone-based motivational enhancement therapy (MET) to motivate untreated and unadjudicated men who abuse their intimate partners to explore treatment options. Participants' perceptions of how their abuse is negatively affecting them personally are a highlight of the paper. One hundred forty-one adult men were recruited through social marketing and randomly assigned to the intervention (MET) or comparison (Mail) group. The MET condition consisted of two feedback sessions guided by a personalized feedback report on participants' intimate partner violence (IPV) and substance use. The Mail condition included a mailed educational brochure on IPV and substance use. Results supported the likely effectiveness of MET in short-term reduction of IPV behavior, marijuana use, and increasing motivation for treatment seeking particularly for participants who reported more adverse consequences of IPV to themselves. Findings emphasize the importance of including a focus in interventions on IPV's impact on the abusers themselves. The study's virtual participation and success in reaching and retaining a diverse population of male abusers can contribute to transformative justice and communities looking for alternative early interventions for men of color prior to encountering the criminal justice system. [ABSTRACT FROM AUTHOR]

A major barrier to Victorians with a terminal illness accessing voluntary assisted dying is the Commonwealth Criminal Code Amendment (Suicide Related Material Offences) 2005 (the Code), which prohibits the use of any electronic forms of communication when discussing suicide. The proliferation of telehealth as a means of access to medical practitioners as a result of the COVID-19 pandemic has heightened the anachronistic prohibition of such communication in relation to voluntary assisted dying, particularly in Victoria, as the federal law arguably prohibits its use. In this paper we explore the definition of suicide and its application to voluntary assisted dying and argue for a revision of the Code, to enable equitable and timely access to voluntary assisted dying for people of Victoria. What is known about the topic? The Commonwealth Criminal Code Amendment (Suicide Related Material Offences) 2005 (the Code) prohibits Victorian voluntary assisted dying (VAD) trained medical practitioners from using telehealth to conduct their consultations with terminally ill individuals wishing to access VAD. What does this paper add? This paper provides a perspective on the current Code from the viewpoint of the Voluntary Assisted Dying Victoria Board and its secretariat. What are the implications for practitioners? Currently, Victorian VAD trained medical practitioners could be prosecuted for discussing their terminally ill patient's wishes to seek out VAD using any means of electronic form of communication. This paper urges the federal government to review the Code urgently to allow equitable access to VAD in Victoria. [ABSTRACT FROM AUTHOR]

It is argued that scientists and scientific organizations have an obligation to speak out in defense of human rights of scientists. The sentencing of Anatoly Shcharansky by the Soviet Union to thirteen years imprisonment is cited as a case in point. Because it is questionable that the Soviet Union upholds international scientific standards it is urged that either scientific conferences not be held in the Soviet Union, or that the organizing committee and attendees be vigilant in assuring free and open conferences. Finally, it is questioned as to whether or not it is advisable to cooperate in official scientific exchanges with the Soviet Union in view of their repressive acts against scientists. [ABSTRACT FROM AUTHOR]

The article discusses the highlights of the symposium called Courtrooms, the Public Sphere and Convicts held on September 27-29, 2010 at the University of Keele. It was organized by Professor Barry Godfrey. The papers presented at the symposium includes "Crime, the Courts and the Press in Early-Eighteenth-Century England," by David Lemmings, "Thoughtful Transportation," by Deb Oxley and David Meredith, and "Representations of Criminal Justice in early-19th century Broadsides," by Kate Bates.

Purpose: Expert consensus is that people with an intellectual disability are over represented across the criminal justice setting (CJS). Primary research studies have been conducted in police stations and prisons, but little is known about the prevalence of this population in the court setting. The purpose of this paper is to conduct a literature review to find out more about the prevalence of defendants with an intellectual disability in court. Design/methodology/approach: A literature review was conducted using standard systematic review methodology (Julian et al., 2011) and the PRISMA reporting guidelines (Moher et al., 2009). Findings: Two papers met the inclusion criteria and were critically appraised. The papers reported prevalence findings ranging from 10%–20%. Research limitations/implications: Differences in study design, sampling, recruitment and diagnostic criteria affect the ability to make comparisons or synthesise findings. Practical implications: It is important that future primary and secondary research studies standardise operational terms to enable true comparison between studies, systematic reviews and evidence syntheses. Social implications: Defendants with an intellectual disability need to be identified to enable criminal justice professionals to make reasonable adjustments to proceedings and consider diversion and alternative disposal options. This will likely improve outcomes for this population and reduce recidivism. Originality/value: This literature review contributes to the growing evidence base about meeting the criminal justice needs of people with a learning disability and recognition of the increased prevalence across the CJS and specifically within the court setting. [ABSTRACT FROM AUTHOR]

When a sexual assault survivor testi!es in court, it is highly likely that their demeanour will be impacted by the trauma they su"ered. Despite an array of research on how trauma can a"ect demeanour, legal professionals and juries often have misconceptions about how a sexual assault survivor “should” behave on the stand. As the standard of proof in criminal law is incredibly high, and often only the survivor and the accused have !rsthand knowledge of what happened, the outcome of the case can hinge on the survivor’s credibility. If a misconception about demeanour impacts the assessment of their credibility, the accused may be wrongfully acquitted. #is paper explores the research on trauma and demeanour and explains why it is critical that the legal profession appreciates its importance. #e paper looks at many available yet underused options within the Canadian criminal justice system to mitigate the e"ects of trauma on demeanour and support survivors, and argues that their increased use would bene!t survivors while maintaining the presumption of innocence that lies at the heart of a criminal trial. [ABSTRACT FROM AUTHOR]

Purpose: Community-based forensic support services (CBFSSs) were commissioned nationally by National Health Service (NHS) England in 2017 in response to "Building the Right Support" (NHS England, 2015). CBFSSs provide multidisciplinary support to adults with intellectual disabilities and/or autism who are in (or at risk of) contact with the criminal justice system and those transitioning from inpatient secure care. This paper aims to highlight potential systemic barriers to accessing community forensic services for people from an ethnic minority background. in one CBFSSs in Northern England. Design/methodology/approach: This paper provides preliminary reflections on potential systemic barriers within the criminal justice system and health-care services that have implications for service users from ethnic minority backgrounds accessing CBFSSs. Findings: There is a paucity of data, policy and literature that focuses on people with intellectual disabilities and autism with forensic needs from ethnic minority backgrounds. This lack of data obstructs further reforms to meet the needs of this population. Originality/value: CBFSSs are commissioned across England. While some regional variation is to be expected, services should be aware of the systemic barriers people from ethnic minority backgrounds within their region face. These barriers should be considered and addressed when evaluating service efficacy and delivery. Recommendations are made to review and address issues of under-representation of ethnic minorities within CBFSSs. [ABSTRACT FROM AUTHOR]

Conviction rate is the primary indicator through which the efficiency of a criminal justice system can be measured. Unfortunately, Pakistan has a poor conviction rate due to the collective inefficiencies of the Police, the Prosecutors, the Judiciary, and the Lawyers. In this paper, the author has highlighted reasons behind the low conviction rate in three main categories: Crimes against person, Crimes against property, and Crimes under Anti-terrorism Act. The major reasons outlined for low conviction rate are false statements by applicants, flaws in investigation due to limited resources, weak prosecution, and the lack of timely disposal of cases by courts due to overburdened judges. To resolve this problem, holistic changes must be made rather than mere cosmetic changes as the problem is deep rooted in the system. [ABSTRACT FROM AUTHOR]

There is a long tradition of preferring local theories to ones that posit lawful or causal influence at a spacetime distance. In this paper, we argue against this preference. We argue that nonlocality is scientifically unobjectionable and that nonlocal theories can be known. Scientists can gather evidence for them and confirm them in much the same way that they do for local theories. We think these observations point to a deeper constraint on scientific theorizing and experimentation: the (quasi‐) isolation of causal or lawful influence. We argue that this requirement ought to replace the locality desideratum in science. We then explore the possibility that the order of explanation has been reversed: perhaps it is isolatable influence that determines what counts as local in the first place. [ABSTRACT FROM AUTHOR]

The concept of partnership working has gained traction as an alternative form of governance to address complex and multifaceted problems. The popularity of partnerships is also evident within the sport and physical activity sector, where their inclusion has become a staple of initiatives that utilise sport as a mechanism for development and to address social ills. This includes the issue of youth crime, where partnership working has become embedded as a key component of crime prevention and desistance strategies. While partnership working has become one of the most overused terms in contemporary policy, the failure to adequately grasp its meaning and to identify which aspects might usefully support it effectiveness is a long-standing problem. This paper adopts McDonald's (2005) theoretical framework, which draws a distinction between strategic and communicative partnerships, to examine the partnership workings of a UK organisation that seeks to build a better and safer society through the use of sport in the criminal justice system. Drawing upon qualitative data collected from the stakeholders of this organization (n=35), the paper presents insights into some of the tensions and challenges experienced by participants during the formation of operational partnerships and explores how these factors result in the development of either strategic partnerships, dominated by goal-attainment, instrumentalism and managerial authority; or communicative partnerships, where co-operation is central to the achievement of objectives. [ABSTRACT FROM AUTHOR]

This paper explores the lived experience of forgiveness and uniquely its potential for discovering and negotiating new identities for people dealing with their addiction to substances, within the context and demands of English drug policy. Little research has focused on the development of shared meanings of forgiveness in relation to the social relationships impacted by addiction, and this paper seeks to promote such work. The paper is emergent from a co-production project examining forgiveness and its relationship to identity with Pushing Change a peer community for addressing substance misuse. Identity is at the heart of debates concerning drug addiction and criminal justice, however, little attention has been paid to the ways in which interventions shape individual identity, and the meanings of those relationships to the wider community. Through developing an understanding of forgiveness this project identified generative principles that allowed for new ways of thinking and practising forgiveness in relation to addressing substance misuse and the criminal justice system. [ABSTRACT FROM AUTHOR]

In criminal procedure, a "remedy" refers to a legal solution or course of action that is available to individuals who believe their rights have been violated during the criminal justice process. Remedies are designed to protect the rights of defendants and ensure that the criminal justice system operates fairly and in accordance with the law. Of course, the complaint as a regular legal remedy can be exercised within the specified legal deadlines and in the previous legal procedure. It's important to note that not all legal remedies follow these exact stages, and the specific procedures can vary based on the legal system and the type of case. Additionally, some legal issues may be resolved through administrative processes or through negotiation without ever entering the formal legal system. The judgments issued by the court, with which the party is dissatisfied and which have not yet taken the final form, are struck with legal means. The legal remedies are regulated by the provisions of the Code of Criminal Procedure and serve to exercise the legal remedy in case of dissatisfaction with the court's decision, therefore we can rightly conclude that the legal remedies are a kind of guarantee for the respect of the rights of the parties in the procedure. The purpose of this paper is to find, through research methods, how these legal remedies are regulated, the changes that have occurred in criminal legislation, their application in practice, where through comparative, statistical, normative and other methods, it will be more easy for us to reach correct conclusions. With the conviction that this work will bring innovation and be a summary for all those readers who intend to study this field in the future. [ABSTRACT FROM AUTHOR]

Copyright of Temida is the property of Victimology Society of Serbia 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.)

Criminal justice systems have traditionally relied heavily on human decision-making, but new technologies are increasingly supplementing the human role in this sector. This paper considers what general limits need to be placed on the use of algorithms in sentencing decisions. It argues that, even once we can build algorithms that equal human decision-making capacities, strict constraints need to be placed on how they are designed and developed. The act of condemnation is a valuable element of criminal sentencing, and using algorithms in sentencing – even in an advisory role – threatens to undermine this value. The paper argues that a principle of "meaningful public control" should be met in all sentencing decisions if they are to retain their condemnatory status. This principle requires that agents who have standing to act on behalf of the wider political community retain moral responsibility for all sentencing decisions. While this principle does not rule out the use of algorithms, it does require limits on how they are constructed. [ABSTRACT FROM AUTHOR]

This research paper conducts a comprehensive comparative analysis of the legal frameworks governing the taking of juveniles into custody in Kuwait and the United States. The treatment of juveniles in the criminal justice system is a critical area of concern, as it reflects a society’s commitment to safeguarding the rights and well-being of its youth. The study evaluates the need to adopt special procedures for juvenile arrests when compared to adult arrests in Kuwait. The study undertook a comparative analytical investigation of Kuwaiti and American law which are based on different legal systems. The study found that the Kuwaiti legislator should take juveniles’ nature, qualities, and characteristics into account, and based on that approach, adopt special procedures regarding juvenile arrests. [ABSTRACT FROM AUTHOR]

Purpose: Using the ethical consequentialist theory of utilitarianism, this paper aims to demonstrate the correlation between the prosecution of Arthur Andersen LLP and the United States Department of Justice's (DOJ) increased use of pretrial diversion agreements, both nonprosecution and deferred prosecution agreements (N/DPA) for criminal corporations. Design/methodology/approach: Through an analysis of previous literature, the United States Justice Manual, and data from the Corporate Prosecution Registry, this study examines the trend of N/DPAs from 1992 to 2021. Specifically, the data is examined to assess whether a pattern exists before and after the 2002 prosecution of Andersen. Findings: This study finds an exponential increase of N/DPAs after Andersen's prosecution. The DOJ's basis for the increased use of these agreements is rooted in the utilitarian theory that the punishment of criminal corporations should deter and rehabilitate behavior while also maximizing the benefit to society (e.g. shareholders, employees and business community). The justice manual, memorandums and public speeches explicitly promote the use of N/DPAs for corporations to minimize collateral damage and the potential for negative societal impact. Originality/value: This study applies a utilitarian framework to explain the criminal justice system's increased use of pretrial diversion agreements for criminal corporations. [ABSTRACT FROM AUTHOR]

One of the main challenges for computational legal research is drawing up innovative heuristics to derive actionable knowledge from legal documents. While a large part of the research has been so far devoted to the extraction of purely legal information, less attention has been paid to seeking out in the texts the clues of more complex entities: legally relevant facts whose detection requires to link and interpret, as a unified whole, legal information and results of empirical analyses. This paper presents an ongoing research that points in this direction, trying to devise new ways to support public prosecutors in assessing the dangerousness of individuals and groups under investigation, an activity that precisely relies on the cross-sectional evaluation of legal and empirical data. A knowledge mining strategy will be outlined that lines up, into a single metaheuristic model, information extraction, network-based inference, machine learning and visual analytics. We will focus, in particular, on the integration of graph-based inference and machine learning methods used both to support classification tasks and to explore new forms of man-machine cooperation. Experiments made involving public prosecutors from the Italian Anti-Mafia Investigation Directorate and using data from real investigations have not only shown the potentialities of our approach but also offered an opportunity to reflect on the role we could assign to AI when thinking about the future of legal science and practice. [ABSTRACT FROM AUTHOR]

Comprehensive and multi-disciplinary public health approaches are necessary to prevent sexual re-offending. However, criminal justice solutions continue to dominate and the arrangement in England and Wales is no exception. The introduction of the Multi-Agency Public Protection Arrangements (MAPPA) in 2003 brought together the work of the police, prison and probation services in order to manage violent and sexual offenders. This paper focuses specifically on the work of the specialist police officers who are tasked under MAPPA with the Management of Sexual or Violent Offenders (MOSOVO) and whether or not they can assist desistance in those who have been convicted of a sexual offence. We argue that the risk-based, highly politicized model of public protection that MOSOVO staff operate within creates tensions more likely to hinder than facilitate desistance. As indicated by findings in an independent review of the police's management of registered sex offenders (2023), successful desistance journeys are found in people who are supported by formal agents who actively promote hope and optimism and convey a belief that the person attempting desistance can change. In conclusion, we recommend that MOSOVO staff be willing and resourced to help individuals with sexual convictions develop a non-offending lifestyle and identity and support them in achieving this goal, which requires the provision of comprehensive support beyond risk management. [ABSTRACT FROM AUTHOR]

This paper communicates findings from a doctoral research project which used dance/movement therapy (DMT) to engage two women navigating the criminal justice system in Australia. A feminist-informed participatory research design was applied to learn about each woman's experience and to explore the possible health promoting benefits of community-based DMT. Women serving time on community correctional orders were invited to attend drop-in DMT workshops which were held in a drug and alcohol recovery centre. Participants were invited to offer feedback which was analyzed using reflexive and interpretative methods of ethnographic data generation. Three themes emerged through the data which were understood to reflect simple notions of fun, fitness, and relaxation in DMT. Although limited to a small number of participants, this study undertook a close reading of each woman's feedback and considered themes in light of trauma theory. Drawing from the women's responses, the study articulates the beginnings of an 'exercisePLUS' perspective: a theoretical rationale which validates the role of exercise in DMT and discusses its potential therapeutic significance. Neurobiological trauma frameworks are used to articulate the findings, however, the research seeks to challenge assumptions within the medical model, such as the 'expert' positioning of the therapist. In doing so, this research aims to contribute toward the further development of community-based perspectives in DMT practice, and, offers a theoretical rationale for the use of DMT within a forensic context. [ABSTRACT FROM AUTHOR]

Copyright of Studia Iuridica Lublinensia is the property of Maria Curie-Sklodowska University in Lublin 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.)

The Croatian legal system is traditionally under the dominant influence of the Germanic legal tradition. This is a logical consequence of historical circumstances, which state that present-day Croatia was long part of the Austro-Hungarian Empire. In the field of criminal law, which is the focus of this paper, there is a significant influence of Austrian, German, and Swiss criminal law. However, since 2008, new trends have emerged, first evident in procedural law (through the introduction of the previously typical Anglo-American institution of plea bargaining in criminal proceedings), and then from 2013 also in substantive criminal law. In the Criminal Code of 2013, sexual offenses were modeled after the English Sexual Offences Act of 2003, which has sparked considerable controversy in theory and practice. In this text, the author critically examines this legislative shift in tradition from the perspective of comparing the historical circumstances of the English and Croatian criminal law backgrounds. The author discusses the differences in criminal justice systems of these countries, compares the circumstances of the origin and shaping of sexual offenses in the mentioned legislations, and presents the results of their own research conducted in Croatia, reflecting whether the new legal solution was successful and whether it achieved its purpose. Based on this, the author provides an answer to the hypothetical question of whether a solution implemented from one legal tradition can successfully exist in the conditions of another significantly different legal tradition. [ABSTRACT FROM AUTHOR]

There are several well-established theories of criminal punishment and of its justification. The quarantine model (advocated by Pereboom and Caruso) has recently emerged as one of the most prominent theories in the field, by denying the very idea of criminal justice. This theory claims that no one ought to be criminally punished because fundamentally people do not deserve any kind of punishment. On these grounds, the quarantine model proposes forms of incapacitation based on public safety considerations. In this article, we briefly review a series of objections raised against the quarantine model and propose some new or revised arguments, which are aimed at showing its inconsistencies and weaknesses. These arguments are related to (a) the lack of a reliable way of determining who is dangerous and the consequent need to make judgments about confinement based on probabilities, and (b) the prospect that the quarantine model may encourage certain crimes. Given the arguments we present in this paper, the quarantine model proves to be less solid, humane, and desirable than its proponents claim. [ABSTRACT FROM AUTHOR]

Purpose The purpose of this paper is to explore the origins of the Jimmy Savile Scandal in which the former BBC entertainer was accused of a series of sexual offences after his death in 2011. The case has had a massive impact on UK policing and criminal justice policy and on care work, with implications for due process and public expenditure in responding to reports of sexual abuse.Design/methodology/approach The paper draws on an Economic and Social Research Council funded project to collate data on the Savile case. It is based, primarily, on interview material from former pupils and staff members from Duncroft School, from whence initial allegations against Savile emanate, contrasting these with media accounts.Findings The research provides a very different picture of Duncroft and the contemporary policy context to that presented in media accounts. A questioning account of the origins of the scandal emerges. The findings may lend themselves to a moral panics analysis but also point to the power of dominant stories in influencing public policy.Research limitations/implications This paper is based on only a very small sample of interviews. The material is ethically sensitive in that it may be claimed or used to cast doubt on accounts of abuse.Social implications The implications of the wider project from which it draws are potentially profound, casting doubt on the origins and detail of the Savile scandal.Originality/value The paper addresses one of the major socio-cultural episodes in recent British history, which has had a profound effect on the workings of the criminal justice system, signalling a shift away from a presumption of innocence. It also offers insight into the cultural context of care work and the possibility, especially for males, of being subject to allegations made against them. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to explore the feelings and reactions of university students enrolled in the Inside-Out Prison Exchange Program. Inside-Out is a nationally recognized program that has provided the framework for college courses to take place inside the walls of prisons and jails. Both college and university students and residents of correctional facilities take a college-level course, together, inside a correctional facility. Throughout the semester, students are required to write reflection papers that detail their observations, analyses, and reactions to the class sessions. The current research analyzed these papers to explore how the course was impacting students. Findings indicate that students had a wide range of reactions to the course, and often found themselves questioning their beliefs, punishment philosophies, and thoughts on the criminal justice system as a whole and the corrections system specifically. [ABSTRACT FROM PUBLISHER]

This paper explores the role of judges in authorising the extension of placements in solitary confinement in Israeli prisons for lengthy periods of time. It qualitatively examines, through content analysis of 354 Israeli court decisions, how judges negotiate and rationalise the harmful effects of solitary confinement when balanced against the prison authorities' reasoning for subjecting prisoners to it. Finding an overall tendency to defer to the expertise of prison authorities, we examine what Sykes & Matza termed 'techniques of neutralisation' used by judges to distance themselves from the responsibility for solitary confinement placements and the hardship they inflict. The paper further discusses the socio-legal and organisational structures and contexts which incentivise the prioritisation of prison security/discipline over the protection of prisoners from the 'pains of solitary confinement'. [ABSTRACT FROM AUTHOR]