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1
Watkins, Caitlin M. "Cultivating Resistance: Food Justice in the Criminal Justice System." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pitzer_theses/32.
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This Senior Thesis in Environmental Analysis seeks to explore the ways in which certain food-oriented programs for incarcerated women and women on parole critically resist the Prison Industrial Complex and the Industrial Food System by securing social and ecological equity through the acquisition of food justice. It focuses on three case studies: the Crossroads’ Meatless Mondays program, Fallen Fruit from Rising Women: A Crossroads Social Enterprise, and Cultivating Dreams Prison Garden Project: An Organic Garden for Women in Prison. Each project utilizes food as a tool to build community, provide valuable skill sets of cooking and gardening, and educate women about the social, environmental and political implications of the Industrial Food System. Overall, the goal of this thesis is to prove the necessity of food justice programs in the criminal justice system in counteracting the disenfranchisement of certain populations that are continuously discriminated against in the industrialized systems of prison and food.
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Søndenaa, Erik. "Intellectual disabilities in the criminal justice system." Doctoral thesis, Norges teknisk-naturvitenskapelige universitet, Institutt for nevromedisin, 2009. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-5240.
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Agozino, Onwubiko. "Black women and the criminal justice system." Thesis, University of Edinburgh, 1995. http://hdl.handle.net/1842/26357.
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The objective of this dissertation is to demonstrate that victimisation is not punishment. Although this thesis statement sounds simplistic enough, there is a need to demonstrate its validity because the theory and practice of punishment focus exclusively on 'the punishment of offenders' as if anyone who is 'punished' is necessarily an offender. A review of the philosophy and theory of punishment reveals that the punishment of the innocent is conceptualised as a logical impossibility or contradiction because punishment is conventionally construed to presuppose an offence. The present dissertation argues that the punishment of the innocent is not always a mistake or a miscarriage of justice but also an inherent feature of the adversarial nature of criminal justice which assumes formal equality between parties who are substantively unequal in class, race and gender relations. This dissertation is guided by the assumption that the more central punishment is to any theory or practice of criminal justice the greater the tendency for that theory or practice to conceal or truncate relatively autonomous issues that are routinely packaged, with, and thereby colonised by, the conceptual empire of punishment. The historical materialist theory of the articulation of race, class and gender relations is applied here to show how poor black women in particular, poor black people and poor women in general, are uniquely vulnerable to victimization-as-punishment and victimization-in-punishment and how they struggle against these. The former refers to the 'punishment' of innocent people sometimes because they are close to targeted individuals and sometimes because they are framed and made to appear guilty. The latter refers to punishment which is unusual or out of proportion in relation to the nature of the offence. The concept of colonialism is employed in this thesis to underscore the close links between the law-and-order politics of today and the imperial traditions of the past and to emphasise the colonisation of relatively autonomous institutions and processes by the criminal justice system.
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Goodrum, Sarah Dugan. "Murder, bereavement, and the criminal justice system /." Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008338.
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Guilfoyle, Michael Hoag 1946. "Indians and criminal justice administration: The failure of the criminal justice system for the American Indian." Thesis, The University of Arizona, 1988. http://hdl.handle.net/10150/291683.
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The criminal justice administration has failed the American Indian. Since the usurpation of traditional tribal criminal justice management by the local, state, and federal criminal justice systems, the impacts of Indian crime have become epidemic. The American Indian has the highest arrest rates, alcohol-related crime, violent-related crime, and conviction rates of any group in the United States. Indians are 15% less likely to receive deferred sentences, and 15% less likely to receive parole. In addition, the Indian offender has the highest recidivism rate of any ethnic group in the United State. This paper discusses the problems of Indians in the criminal justice system at the adult and juvenile level. As recommendations it stresses the empowering of the Indian community, the greater autonomy of tribal courts, the concepts of alternative sentencing programs for Indian offenders, treatment as justice, and the idea that Indian people can take charge of this problem and do a better job in addressing their relatives.
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Brink, Ronelle Bonita. "The child accused in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.
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The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as UNCRC) on 16 June 1995. The UNCRC provides a backdrop to section 28 of the Constitution of the Republic of South Africa Act.2 Article 3(1) of the UNCRC provides as follows: “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.” South Africa is therefore according to article 40(3) of the UNCRC obliged to “establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law”.3 In terms of article 40(1) of the UNCRC “State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”4 1 Adopted by the General Assembly resolution 44/25 on 20 November 1989. 2 The Constitution of the Republic of South Africa Act, Act 108 of 1996. Hereinafter referred to as the “Constitution”. 3 South Law Reform Commission Discussion Paper 96. 4 United Nations Convention on the Rights of the Child adopted by the General Assembly resolution 44/25 on 20 November 1989. iv Synopsis 2003 states that “the Ratification of the UNCRC by the South African government in 1995 set the scene for broad-reaching policy and legislative change”.5 The Constitution includes a section protecting children’s rights, which includes the statement that children have the right not to be detained except as a measure of last resort and then for the shortest appropriate period of time, separate from adults and in conditions that take account of his/her age. 6 After being off Parliament’s agenda since 2003, the Child Justice Act7 has recently been reintroduced. The Act aims to ensure consistent, fair and appropriate treatment of the child accused in conflict with the law. The question arises whether the South African Criminal Justice system involving the child accused adequately recognises and protects the interests of the child accused, particularly in view of the present international legal position.
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Allan, Laura. "Public history of the UK criminal justice system." Thesis, Open University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.539428.
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Pásara, Pazos Luis. "The victims within the reformed criminal justice system." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115500.
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This article analyzes the negative impact of the reforms within the criminal systems in Latin America, both for those who suffer a crime, and those who are accused of having committed such crime. Supprted by empirical data, the author warns how the innovations of the reformed criminal proceedings (for example, the simplified court proceeding or the active role played by prosecutors), by enrolling into an authoritative legalculture, become in practice contrary to their likely design.El presente artículo analiza la incidencia negativa de las reformas llevadas a cabo en los sistemas penales de América Latina, tanto en relación a quien sufre un delito, como respecto a quien es acusado de haberlo cometido. Sustentado en información empírica, el autor advierte cómo las novedades del proceso penal reformado (por ejemplo, el procedimiento abreviado o el rol activo a desempeñar por los fiscales), al inscribirse en una cultura jurídica autoritaria, devienen en la práctica en formas contrarias a su diseño ideal.
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Karanikolas, Spyridon. "The impact of EU criminal law on the Greek criminal justice system." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1266.
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European Criminal Law has been one of the most rapid, remarkable, but at the same time controversial developments in the European Union having a significant impact on domestic criminal justice systems. Judicial and police cooperation in criminal matters soon became a fully-fledged policy of the European Union affecting the national sovereignty of Member States, the relationship between individuals and the States as well as the protection of fundamental rights. My thesis examines the development of EU criminal law towards the creation of a European "Area of Freedom, Security and Justice" (via mutual recognition and the harmonization of substantive criminal law) and its impact on the Greek criminal justice system. In assessing the overall above mentioned question, I examine how EU criminal law has developed; what have been the main political and legal challenges for the implementation in Greece; to what extent, and how, the Greek Legislator has implemented EU law in the field of mutual recognition and harmonization, and, last, but not least, what has been the judges', practitioners' and academics' reaction to this development. The thesis has two parts: one on mutual recognition and one on the harmonization of substantive criminal law. Chapter one explores the main issues regarding the scope, extent, and nature of the principle of mutual recognition at EU level. Chapter two explores the main issues related to the impact as well as the practical operation of the principle of mutual recognition in the Greek Jurisdiction. Chapter three, then, turns its interest on harmonization of substantive criminal laws from the EU point of view. Finally, Chapter four focuses on the impact of the implementation of the EU harmonization system on the Greek Jurisdiction with regard to the same areas of substantive criminal laws, as discussed in chapter three. These chapters are then followed by a conclusion aiming to synthesize and highlight the main issues that have arisen during the analysis of this thesis and answer the main question: "What has been the impact of EU Criminal Law on the Greek Criminal Justice System?"
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Pisani, Beatrice. "The System of the International Criminal Court: Complementarity in International Criminal Justice." Doctoral thesis, Università degli studi di Trento, 2012. https://hdl.handle.net/11572/368372.
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Complementarity, the mechanism that regulates the exercise of the concurrent jurisdiction between the International Criminal Court (ICC) and national courts, constitutes one of the key features of the ICC, if not the cardinal one. As such, it keeps attracting the attention of both scholars and practitioners. In addition to the studies related to the interpretation of the statutory provisions - which leave numerous unanswered questions - complementarity has been object of growing attention in relation to its catalyst effects in fostering States' compliance with their duty to prosecute. The first years of activities of the Court have shown the exceptional character of judicial assessments of complementarity; meanwhile, the relevance of prosecutorial assessments of admissibility has emerged. In this context, the complementary nature of the Court, and its relevance in terms of prosecutorial assessments of admissibility, became evident. Starting from the idea that the Court shall encourage the performance of proceedings at the national level, complementarity has been progressively seen as a tool to strengthen domestic jurisdictions, under the concept of “positive†or “proactive†complementarity.
This work explores the multifaceted aspects, meanings and functions assigned to complementarity. While acknowledging that complementarity operates in two dimensions - a strict legal one, related to judicial assessments of admissibility - and a broader one, which attains to the ICC prosecutor's consideration of complementarity when selecting the situations and cases to be brought before the Court, this thesis questions whether complementarity can be associated to capacity building functions, and, more generally, to a Court's direct role in overcoming states' inability and unwillingness to prosecute. Based on a throughout analysis of the legal framework, the drafting history and the ICC practice, this thesis suggests that complementarity is a concrete notion, i.e., the mechanism that regulates the exercise of concurrent jurisdiction between the Court and States. Compared to other mechanisms for the allocation of concurrent jurisdiction, such as primacy, it undoubtedly retains a component that fosters dialogue between the Court and states. However, all initiatives aimed at strengthening states' ability and willingness to investigate and prosecute, undertaken directly by organs of the Court or by other, external actors, do not directly depend on alleged effects of complementarity. It is the very existence of the Court, and the commitment to end impunity for the perpetrators of international crimes of all components of the system of justice created through its establishment, that fosters all these, welcomed, initiatives.
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Pisani, Beatrice. "The System of the International Criminal Court: Complementarity in International Criminal Justice." Doctoral thesis, University of Trento, 2012. http://eprints-phd.biblio.unitn.it/744/1/Thesis_Complementarity__Pisani.pdf.
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Complementarity, the mechanism that regulates the exercise of the concurrent jurisdiction between the International Criminal Court (ICC) and national courts, constitutes one of the key features of the ICC, if not the cardinal one. As such, it keeps attracting the attention of both scholars and practitioners. In addition to the studies related to the interpretation of the statutory provisions - which leave numerous unanswered questions - complementarity has been object of growing attention in relation to its catalyst effects in fostering States' compliance with their duty to prosecute. The first years of activities of the Court have shown the exceptional character of judicial assessments of complementarity; meanwhile, the relevance of prosecutorial assessments of admissibility has emerged. In this context, the complementary nature of the Court, and its relevance in terms of prosecutorial assessments of admissibility, became evident. Starting from the idea that the Court shall encourage the performance of proceedings at the national level, complementarity has been progressively seen as a tool to strengthen domestic jurisdictions, under the concept of “positive” or “proactive” complementarity.
This work explores the multifaceted aspects, meanings and functions assigned to complementarity. While acknowledging that complementarity operates in two dimensions - a strict legal one, related to judicial assessments of admissibility - and a broader one, which attains to the ICC prosecutor's consideration of complementarity when selecting the situations and cases to be brought before the Court, this thesis questions whether complementarity can be associated to capacity building functions, and, more generally, to a Court's direct role in overcoming states' inability and unwillingness to prosecute. Based on a throughout analysis of the legal framework, the drafting history and the ICC practice, this thesis suggests that complementarity is a concrete notion, i.e., the mechanism that regulates the exercise of concurrent jurisdiction between the Court and States. Compared to other mechanisms for the allocation of concurrent jurisdiction, such as primacy, it undoubtedly retains a component that fosters dialogue between the Court and states. However, all initiatives aimed at strengthening states' ability and willingness to investigate and prosecute, undertaken directly by organs of the Court or by other, external actors, do not directly depend on alleged effects of complementarity. It is the very existence of the Court, and the commitment to end impunity for the perpetrators of international crimes of all components of the system of justice created through its establishment, that fosters all these, welcomed, initiatives.
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Steels, Brian. "Declared guilty, a never-ending story: an analysis of the impact of the criminal justice system upon the self." Thesis, Steels, Brian (2005) Declared guilty, a never-ending story: an analysis of the impact of the criminal justice system upon the self. PhD thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/323/.
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This study explores the experience of people who have been publicly declared guilty. It retells the narratives of offenders from the point of arrest through to conviction and, where relevant, imprisonment and release. The experiences of close relatives are also explored and provide an important part of the thesis. These accounts are set against the institutional context of the criminal justice system and a systemic account of police, courts, prisons and community corrections is provided. The main aim of the study is to investigate and document the impact of the criminal justice process on offenders' sense of 'self'.
At a theoretical level, the study is informed by symbolic interactionism, particularly the work of Erving Goffman. This enables the development of insights into issues such as loss, shame, humiliation and loss of self. The asymmetrical power relationship in which these feelings are engendered and maintained is emphasised. At the same time, the study records the level and types of resistance among the subjects of the criminal justice system.
The findings are significant for our sociological understandings of the impact of being declared guilty, for they suggest that the criminal justice process per se contributes to a severely damaged self, and that the subjective experience of 'being found guilty' starts at the moment of arrest and persists well after sentencing as subjects try to re-integrate into the community with a record of conviction.
The study also suggests that these processes are not passively absorbed by subjects. As well as describing feelings of shame and loss, those participating in the research talked about the unfairness of the system, their preparedness to resist in numerous ways, and of their longing for an older, better life in which their sense of self was undamaged.
The study concludes by arguing that profound change to the culture of the criminal justice system is needed if rehabilitation is to be successful. In this context it emphasises the importance of accountable and transparent human services concerned with the human and civil rights of offenders, court diversion schemes, alternatives to custody, and the practical application of restorative and therapeutic justice.
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Steels, Brian. "Declared guilty, a never-ending story : an analysis of the impact of the criminal justice system upon the self /." Steels, Brian (2005) Declared guilty, a never-ending story: an analysis of the impact of the criminal justice system upon the self. PhD thesis, Murdoch University, 2005. http://researchrepository.murdoch.edu.au/323/.
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This study explores the experience of people who have been publicly declared guilty. It retells the narratives of offenders from the point of arrest through to conviction and, where relevant, imprisonment and release. The experiences of close relatives are also explored and provide an important part of the thesis. These accounts are set against the institutional context of the criminal justice system and a systemic account of police, courts, prisons and community corrections is provided. The main aim of the study is to investigate and document the impact of the criminal justice process on offenders' sense of 'self'.
At a theoretical level, the study is informed by symbolic interactionism, particularly the work of Erving Goffman. This enables the development of insights into issues such as loss, shame, humiliation and loss of self. The asymmetrical power relationship in which these feelings are engendered and maintained is emphasised. At the same time, the study records the level and types of resistance among the subjects of the criminal justice system.
The findings are significant for our sociological understandings of the impact of being declared guilty, for they suggest that the criminal justice process per se contributes to a severely damaged self, and that the subjective experience of 'being found guilty' starts at the moment of arrest and persists well after sentencing as subjects try to re-integrate into the community with a record of conviction.
The study also suggests that these processes are not passively absorbed by subjects. As well as describing feelings of shame and loss, those participating in the research talked about the unfairness of the system, their preparedness to resist in numerous ways, and of their longing for an older, better life in which their sense of self was undamaged.
The study concludes by arguing that profound change to the culture of the criminal justice system is needed if rehabilitation is to be successful. In this context it emphasises the importance of accountable and transparent human services concerned with the human and civil rights of offenders, court diversion schemes, alternatives to custody, and the practical application of restorative and therapeutic justice.
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Hellenbach, Michael. "Justice or truth? : alleged offenders with intellectual disabilities in the criminal justice system." Thesis, University of Chester, 2011. http://hdl.handle.net/10034/312148.
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This PhD study examines how people who are intellectually impaired are processed within the criminal justice system. In this context it analyses the understanding of intellectual disabilities, criminal justice decision-making processes, and the constructon of crime and punishment by professionals involved in criminal justice. Despite significant changes in mental health legislation and greater awareness by professionals of issues around intellectually disabled offenders, previous research has demonstrated that this population remains disadvantaged when coming into contact with the criminal justice system. The study focuses on how the criminal justice system maintains its traditional way of operating when engaging with people who are impaired in their intellectual capacities and who, therefore, often have difficulties in processing information and understanding complex situations. The study draws on qualitative data generated through thirty five unstructured interviews with custody sergeants, forensic examiners, prosecutors, magistrates, judges and probation officers from three regions in the North West of England: Cheshire, Merseyside and Greater Manchester. Through those interviews, the provision of support to alleged offenders is examined and the process of legal representation evaluated. By analysing decision-making processes around vulnerable defendants, two conflicting views that influence cimrinal justice professionals in their strategic behaviour were identified: protecting offenders' rights and protecting the public from criminal behaviour. It is argued that the criminal justice system draws its normative and enforcement powers from a 'discourse of truth' that concentrates on capacity and intent. Defendants who are classified as vulnerable because of impaired intellectual functioning whereby capacity to reason and intellectual disability are functionally separated. This way, an alleged offender's vulnerability becomes a manageable object within the criminal justice system and is integrated into a person's risk management. The disjointed discourse around intellectual disabilities increases the risk that people with an impaired level of intellectual functioning become drawn into the mainstream criminal justice system and, therefore, further compromises the empowerment and social inclusion of this population.
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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.
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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.
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Stroud, Robert Allan. "The criminal justice system, now and in the future." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq24927.pdf.
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Zheng, Xi. "Reforming injustices within the criminal justice system in China." online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?MR18856.
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練錦鴻 and Kam-hung Ernest Michael Lin. "Treatments of rape victims in the criminal justice system." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31977935.
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Gill, Martin Laurence. "Voluntarism and the criminal justice system : a comparative analysis." Thesis, University of Plymouth, 1986. http://hdl.handle.net/10026.1/735.
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This thesis comparatively evaluates three groups of volunteers working within the criminal justice system in the South West of England. The groups chosen - probation Voluntary Associates, police Specials and Victims Support Scheme Volunteers - incorporate parties working with the offender, the public and the victim, ie those most closely identified with the judicial process. To date, research in both Britain and abroad has chosen to focus on a single agency which has limited our understanding of voluntarismo Nevertheless, most have identified a number of issues pertaining to the use of volunteers. Through a consideration of the type of work undertaken, motivations, who volunteers, recruitment, selection and training, and the role of the professional, this thesis attempts to link and examine these issues, to illustrate that it is possible to theorise about voluntary activity in a criminal justice context. Via interviews with 164 volunteers supported by extensive observation it has been possible to gain a more detailed insight into voluntary activity than had previously been contemplated. The findings revealed that within each organisation there. ý exists a volunteer sub-culture, (abbreviated to volunculture), which conforms to the ideology of the agency. Where a volunculture is strong, as in the case of the Specials then commitment is high; where a volunculture is weak commitment is likely to be low. The study moves on to consider the ways in which organisational policy can and does affect not only the formationof-a volunculture, _ but also its degree of strength or weakness. It is shown that presently most organisations pay lip service to the notion of using volunteers, reflected in the low status they are accorded within agency priorities. It is argued that until this is realised the wealth of helping potential that exists within communities can never be brought to the fore. Recommendations derived from volunteer perceptions and organisational policies are offered as pathfinders to achieving this objective.
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Barrett, Andrew A. "The system of criminal justice in Cheshire, 1820-75." Thesis, Keele University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336996.
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Lin, Kam-hung Ernest Michael. "Treatments of rape victims in the criminal justice system." [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14804529.
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Werner, Emily. "Media Effects on Attitudes Towards the Criminal Justice System." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/honors/299.
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This study investigated the effect of media on attitudes toward the criminal justice system. A survey was administered to 167 undergraduate students at East Tennesse State University in criminal justice and fine and performing arts classes. Respondents were asked how much television they watch, what their primary news source was, and how accurate crime-related television programs are. Multivariate analysis showed that age and major affected attitudes more than media consumption.
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Eastwood, Christine J. "Surviving child sexual abuse and the criminal justice system." Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36578/1/36578_Digitised%20Thesis.pdf.
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This thesis examines the experiences of twelve young women involved in the prosecution of childhood sexual abuse. On the substantive level, the significant criminal justice processes as well as the consequences of their involvement in the justice system are discussed. In order to accurately reflect the depth and power of the stories of the young women, the methodology involves a six-stage interview process with each participant, and also incorporates data gathered from parents, fresh complaint witnesses, court support workers and legal personnel.
On the theoretical level, the study focuses on the manner in which the justice process intersects with the interconnected identities of female, child and person who has been sexually assaulted. Basically, this thesis argues that the criminal justice system is not only unable to deal with the psychological and developmental needs of the female child who has been sexually abused, but indeed, the process itself further abuses the child.
In an area fraught with ethical and legal difficulties, the ground-breaking nature of this research emanates from the experiences of the young women as told from their own perspectives. This thesis is further reinforced by the strong theoretical analysis and framework which encourages new ways of conceptualising their experiences. The thesis concludes with some recommendations which may improve the future treatment of child complainants of sexual abuse in the justice system, and also identifies suggestions for further research.
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Ho, Vivian Wei Wun. "How should restorative justice be applied to the Hong Kong criminal justice system?" access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324244a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006.Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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Wong, Wai-chung Wesley, and 黃惠沖. "Unnatural justice: town planning enforcement through the criminal justice system in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31972743.
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Barnes, Olivia Mary. "Restorative justice in the criminal justice system : the McDonaldization of diversionary youth conferencing." Thesis, Ulster University, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669225.
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Restorative justice has fast become a crime control strategy employed across jurisdictions. Its development within youth justice has coincided with the rise of neoliberal policies. However, the focus of neoliberalism on managerialism, efficiency, calculability and control are not congruent with restorative justice. Perhaps unsurprisingly then youth conferencing has the potential to become standardised in order to integrate into the audit culture of criminal justice. What the thesis examines the process and impact of diversionary youth conferencing, as a restorative justice process within the criminal justice system. Diversionary youth conferencing has been fully integrated into the youth justice system of Northern Ireland for over a decade and the findings of this thesis have provided a comprehensive account of how it is being influenced and moulded by the criminal justice system. The research adopted a qualitative, phenomenological methodology, involving non-participant observation and semi-structured interviews with (young people, youth conference coordinators and community representatives. Using triangulation of these four data sources to develop a comprehensive picture of youth conferencing. The theoretical framework of Ritzer's neoliberal McDonaldization thesis (1983) was used to shed light on the research findings. This analysis has shown that during the conferencing process young people can feel vulnerable, ill -equipped, intimidated, labelled as a trouble maker, coerced, abandoned, as though they have 010 one they can trust, forced into apologising and forced into agreeing a conference plan. These findings are disempowering and victimising. Diversionary youth conferencing is a process in which legal requirements, risk and targets have taken the place of harm and equal participation of stakeholders. It has become a McDonaldised process driven by the need for efficiency, calculability and control of risk, resulting in a set 0 f techniques used to administer youth justice.
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Wong, Wai-chung Wesley. "Unnatural justice : town planning enforcement through the criminal justice system in Hong Kong /." View the Table of Contents & Abstract, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18568397.
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Hedstrom, Josefin. "The American and Swedish Criminal Justice System: A Comparative Study." Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etd/3397.
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Hosting 22 percent of the world’s prison population, the United States is the number one country in the world regarding incarceration rates where 1 in 109 adults are locked up behinds bars and about two-thirds of offenders will recidivate within three years of their release (Durose, Coope, & Snyder, 2014; Kaeble, Glaze, Tsoutis, & Minton, 2016; U.S. Census Bureau, 2015; Walmsley, 2013). Sweden has one of the lowest recidivism and incarceration rates in the world where only 29 percent reoffend and 1 in 2,278 of their total population is behind bars (Kriminalvården, 2017; The World Bank, 2016). The purpose of this study is to understand the underlying reasons to these differences by comparing the U.S. and Swedish criminal justice systems and to find possible solutions of improvement to diminish the incarceration, recidivism, and crime rates in the U.S. Specifically, the policing, court, and correctional systems will be further compared.
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DeGenova, Thomas. "Geriatric Criminality and its Implications for the Criminal Justice System." Youngstown State University / OhioLINK, 1999. http://rave.ohiolink.edu/etdc/view?acc_num=ysu997810818.
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Huntington, Scott. "Integrated and Reducing Re-Entry into the Criminal Justice System." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2547.
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Numerous studies have focused on the effectiveness of integrated treatment services for people with cooccurring disorders (CODs) within the criminal justice system (CJS). However, there has been a paucity of research on the effectiveness of community-integrated treatment services with CODs and influences on decreasing their interaction within the CJS. This study quantitatively examined the possible relationships between integrated treatment services and CODs and their effect on decreasing interactions within the CJS. The sample (N = 320) consisted of people with CODs from a community-based facility. The statistical analysis was a 2-way (2 x 2) and 3-way (2 x 2 x 2) mixed factorial analysis of variance. Results indicated a statistically significant difference in the number of interactions within the CJS between integrated treatment services and single treatment services, as well as a statistically nonsignificant difference between male and female. Future studies are recommended to examine the predictive value of the long-term effects of integrated treatment services in decreasing interactions within the CJS. The social implications of the study could be integral to community behavioral health care agencies and administrators of correctional institutions in demonstrating how pertinent integrated treatment services can be in decreasing the overrepresentation of people with CODs within the CJS. Furthermore, it will contribute to the continuous need for developing evidence-based programming and practices for CODs within community-based programs, increasing public safety to communities, and the tremendous cost-effectiveness to correctional programs.
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Hanlon, Teresa J. Elder, and University of Lethbridge Faculty of Arts and Science. "Circle justice : an ethnographic study." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 1999, 1999. http://hdl.handle.net/10133/106.
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This thesis examines the presence of community in Blackfoot Justice Circles through ethnographic, qualitative methods. Five Blackfoot Justice Circles, observed in 1996-1997, and an Innu Healing Justice Circle, are compared in structure, roles and content. The Innu circle data is found as a report and recorded as an appendix to R. v. Sellon (1996). Seven in depth interview held with circle leaders and prominant circle participants generated data used to describe and define current perceptions of traditional concepts among circle leaders on a Blackfoot reserve. Theoretically the work arrives at a principle of justice according to a concept of authentic morality expressed through problem-solving and care. The principle is collectively based on the ideas and works of Menno Boldt, Herman Bianchi, Elliot Studt, John McKnight, Carol Lepannen Montgomery, John Braithwaite, Howard Zehr, and Ruth Morris as well as peacemaking concepts. The study explores transformative justice, as differentiated from restorative and retributive justice.xii, 258 leaves : ill. ; 29 cm.
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Cockram, Judith. "Justice or differential treatment? : Adult offenders with an intellectual disability in the criminal justice system." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2000. https://ro.ecu.edu.au/theses/1532.
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The purpose of the study was to present a thorough examination of the extent of participation of adult offenders with an intellectual disability within all levels of the criminal justice system in Western Australia, that is, from arrest to charge, to court appearance and finally to conviction. Western Australia provides a unique opportunity to examine the operations of the criminal justice system, because it possesses comprehensive computerised data sources on offenders, and by utilising the State central register on people with disabilities; it was possible to include in the study a significant proportion of those people with an intellectual disability in Western Australia. The study was a longitudinal study over a ten-year period where it was possible to examine all levels of the criminal justice system, that is, from arrest to court appearance and finally to conviction and possible detention. In examining the different outcomes, it was also possible to control for the number and types of offences committed by first time offenders. In addition, the available data provided the opportunity to study the rate of recidivism of people with an intellectual disability compared with other offenders. Eight hundred and forty three individuals with an intellectual disability were tracked through the justice system and their experiences were compared with two thousand four hundred and forty two other offenders. At the first stage of the justice process, namely arrest, the study found that people with an intellectual disability were no more likely to be arrested and charged with a criminal offence than others within the general population. However, once they entered the system, they were subsequently rearrested at nearly double the rate compared with the non-disabled sample. In addition, it was found that there was substantial disparity in the offending profiles, at arrest, between the two groups. A notable finding was the difference in the charge pattern over time. Not only were people with an intellectual disability charged more often, they were charged at a far greater rate over the latter part of the study period, while arrests for the non-disabled sample were about the same over the two five year periods. It is suggested that the higher incidence of arrests during the period 1990-1994, may offer support for the view that the rise of arrests of people with an intellectual disability within the criminal justice system, has corresponded with the deinstitutionialisation of state facilities. At the next stage of the justice process, formal prosecution in the court, it was found that people with an intellectual disability appear to be treated differently in the types of penalties imposed, and the different penalties imposed for similar offences. It was also found that differing uses were made of alternatives to imprisonment. An important aspect of the study of offenders with an intellectual disability is the prevalence of recidivism. A considerably higher probability of re-arrest was found for offenders with an intellectual disability compared with other offenders, and the study canvassed several explanations for this higher recidivism rate. The conclusion of this study is that explanations of psychological and sociological disadvantage or the susceptibility hypothesis which have been put forward as possible reasons for people with an intellectual disability being over-represented in prison populations are not sufficient to account for the findings of this study. The fact that different outcomes were experienced by people with an intellectual disability as they proceeded through the criminal justice system is not inconsistent with the different treatment hypothesis. In addition there is strong evidence to suggest that the equality of services is a critical factor relevant to the rate of recidivism. A service model is recommended to assist in reducing the high rate of re-arrest of people with an intellectual disability.
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Johnson, Brendyn. "Making Sense of Restorative Justice in the Criminal Justice System: A Study on Crown Attorneys." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/38592.
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Using an ethnomethodological approach, this research sought to describe how Restorative Justice is integrated into the daily world of the prosecution. This was achieved through the use of in-depth interviews with ten Crown attorneys from different sites in Eastern Canada alongside limited periods of participant observation.
This research described how Crown attorneys inhabit a world in which it is necessary to perform an in-depth analysis of the defendant, their characteristics and how much blame can be accorded to them in order to then consider what sanction, if any, is required. Their world also demonstrated that protection of the victim and of society are paramount. Nevertheless, issues such as delay and the reputation of the criminal justice system were shown to be an important factor to also consider as a competent member of the prosecution. Through these methods, participants described a world in which Crowns embody a quasi-judicial role by evaluating and deciding on the proper course of action in regards to a criminal file.
When applied to the use of Restorative Justice, these factors helped demonstrate that Crown attorneys thought of it as something which allowed victim and defendant to communicate with one another regarding the consequences of a crime. Restorative Justice was able to be justified through certain factors mentioned above; however, certain other aspects did not find support through them. Indeed Crowns appreciated such a process because they felt it would not endanger victims, that it might contribute to the safety of the public, and because it does not supersede the criminal justice system. Furthermore, for some, it might reduce delay. However, aspects such as attaining victim and or defendant satisfaction did not easily align with the aforementioned factors despite the positive manner in which these potential consequences of Restorative Justice were described by most participants.
It was hypothesized then that Restorative Justice is used in a seemingly appropriate manner due to the ways in which it can respond to issues which are important to the prosecution. Other potential positive consequences are simply viewed as beneficial but not offering strong justification for the use of such programs on their own. Indeed, through Restorative Justice, Crowns stay in some measure of control over proceedings while it may also help bolster the legitimacy criminal justice system by responding to certain criticisms levelled against it. Thus, to a certain degree, Crowns are able to reconcile the two different approaches by highlighting the benefits it brings to the criminal justice system while not drawing attention to the ways it does not.
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Connell, Barry Charles. "The K̀evin Egan' case : an analysis from a criminal justice system perspective /." [Hong Kong : University of Hong Kong], 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B15967311.
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Roettger, Michael Everett Mouw Ted. "Three essays on social inequality and the U.S. criminal justice system." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,1957.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2008.Title from electronic title page (viewed Dec. 11, 2008). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Sociology." Discipline: Sociology; Department/School: Sociology.
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Teang, Pa Nguon Baker Iljas. "Criminal justice system as an obstacle to democratic development in Cambodia /." Abstract, 2006. http://mulinet3.li.mahidol.ac.th/thesis/2549/cd394/4537438.pdf.
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Simmer, William L. "Methodologies for ministries in the criminal justice system a thesis project /." Lynchburg, Va. : Liberty University, 1989. http://digitalcommons.liberty.edu.
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Atlas, Robin Michelle. "Treatment of mentally ill juvenile offenders in the criminal justice system." CSUSB ScholarWorks, 2005. https://scholarworks.lib.csusb.edu/etd-project/2927.
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Mentally ill juveniles who are incarcerated in correctional facilities receive minimal or no treatment services. The research in this thesis determines that mentally ill juvenile offenders receive inadequate treatment. It also determined that juvenile correctional officers as well as others in the criminal justice system are not trained properly to deal with mentally ill juveniles.
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Hamilton, DeLisa Shundra. "Transgender and Gender Nonconforming Individuals' Perceptions of the Criminal Justice System." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7009.
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This study explored the perceptions and lived experiences of 10 transgender and gender nonconforming individuals who had interacted with the various sectors of the criminal justice system (i.e., law enforcement, the prison system, and the court system). The focus of this phenomenological qualitative study was providing insight into how sexual orientation and gender identity influenced transgender and gender nonconforming individuals' experiences and perceptions of the criminal justice system. Procedural justice theory guided this study by providing an understanding of how the behavior of the actors in the criminal justice system shaped the cooperation or resistance of transgender and gender nonconforming individuals. During semistructured telephonic interviews, participants were asked open-ended questions about their feelings, experiences, and perceptions regarding the various sectors of the criminal justice system (i.e., law enforcement, the prison system, and the court system). Using Moustakas's modified Stevick-Colaizzi-Keen approach, 3 themes were identified: (a) interactions with the criminal justice system, (b) thoughts about the criminal justice system, and (c) experiences with the criminal justice system. Findings indicated that the criminal justice system is not adequately prepared to accommodate or appropriately deal with transgender and gender nonconforming individuals and their unique needs. Implications for social change include the development of transgender-affirmative training programs and education for the criminal justice system and its personnel.
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Jones, Bennett. "The End Game of California's Juvenile Justice System: The Case for Complete Realignment and the Elimination of the Division of Juvenile Justice." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/794.
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The juvenile justice system was originally set up under the philosophy that juveniles are inherently different than adults and therefore should not be subject to same harsh punishment as adult criminals. Rehabilitative treatment methods became the center of the juvenile justice system in order to reduce recidivism rates and help reintegrate youths back into society as smoothly as possible. This philosophy changed early in the 21st century, and many states began treating youth offenders in ways similar to adult offenders, with a particular increase in direct files of juveniles to adult court. After about a decade of harsh punishment, the system once again reverted back to the rehabilitative model. California did so through several legislative reforms; however these reforms have not been as successful as they should have been, and the system is still in a state of disarray.
California is currently balancing a failing state juvenile justice system while trying to simultaneously support realignment efforts to the county level. After evaluating the failures of Division of Juvenile Justice and the capacity of the counties, it is evident that counties are not only physically equipped to take on the increased responsibility but are much better suited to do so financially. To best uphold the original goals of the juvenile justice system and the rehabilitative model, California should move to close the Division of Juvenile Justice and completely realign all responsibility to the counties. Keeping juveniles close to their communities creates stronger ties, more continuity of treatment, and reduces the likelihood a youth will reoffend. By tailoring treatment to the individual on a local level, problems such as mental illness, substance abuse, and anger management, can be directly targeted and solved. Intervening at first arrest with effective treatment programs is crucial to decreasing the chance that a juvenile will become a career adult criminal. These juveniles are the future of society; focusing on the rehabilitation of these youths will not only increase community safety but will also produce healthy, productive citizens to contribute to the economy.
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Yau, Shu-fung Dave. "A consumer study of the impact of the criminal justice system on the young offenders' criminal career /." Hong Kong : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13990895.
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Kinyanjui, Sarah Muringa. "A genealogical analysis of the criminal justice system in Kenya : rebirth of restorative justice for juveniles?" Thesis, University of Leicester, 2009. http://hdl.handle.net/2381/4495.
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This thesis explores restorative justice practices as a modality of intervention in juvenile crime in Kenya. To analyse current restorative justice practices, the thesis adopts the Foucauldian concept of genealogy and examines the processes through which contemporary penal practices have become acceptable. The thesis links reforms in the juvenile justice system in Kenya to the process of legal globalization and highlights the role of the ‘law and development’ discourse in this process. Identifying pitfalls intrinsic to the Westernization of Kenyan law, the thesis engages in a postcolonial critique of law and development. Inspired by Foucault’s analysis of power/knowledge, which postcolonial theory heavily relies on, the thesis examines the conditions that make the Westernization of Kenyan law possible. In particular, the thesis analyzes the conditions that have made certain penal practices acceptable. Using data collected through original empirical research and existing literature on the Kenyan justice system, the thesis examines these penal practices. The research reveals that there have been attempts to incorporate restorative justice practices in the formal juvenile justice system. However, the system underutilizes these practices in favour of conventional court-based penal practices. On the other hand, restorative justice values are embraced in informal forums. Arguing that restorative justice values are compatible with the cultural ethos of communities in Kenya, this thesis examines why restorative justice practices in the formal juvenile justice system remain underutilized. The thesis identifies imprisonment as the predominant modality of punishment in Kenya and analyzes how restorative justice fits in within this context. Analyzing the current underutilization of restorative justice, the thesis highlights the failure to tailor legal structures to fit the contextual realities as a major drawback to the Westernization of Kenyan law. Inspired by postcolonial theory, the thesis underscores the need for local solutions to structural challenges besetting the legal system. It further emphasizes the need for a careful analysis of the compatibility of global penal trends with the contextual realities of a country still beset by the aftermath of colonialism.
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Olayode, Adeniyi Olayemi. "Back to the past : the (re)integration of restorative justice into the Nigerian criminal justice system." Thesis, Durham University, 2017. http://etheses.dur.ac.uk/11962/.
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Recently in Nigeria, calls have been made from stakeholders in the criminal justice system for change, with particular focus on reforms in the methods via which offenders are punished and rehabilitated. These calls have been made, mainly for two reasons. Firstly, the current sanctions in place, the most popular being the curtailment of the liberty of offenders via imprisonment, has failed to deter convicted and prospective offenders. This has contributed to high crime rates with recidivism recorded in high numbers. Secondly, the system fails to address the damages suffered by victims and the community at large. Therefore, there is a need to reform the current penal system so that it not only ensures that appropriate sanctions are issued, but also encourages participation by victims and the community in resolving issues arising from the crime. One possible avenue for reform that this thesis considers is a concept known as Restorative Justice (RJ). This is because of the perceived similarities between RJ and pre-colonial restorative practices in Nigeria. Before the arrival of the British colonialists in the 19th century, the main objective of the pre-colonial justice systems was to restore social safety with little or no recourse to the use of extreme punishments like imprisonment or the death penalty. This thesis examines the aforementioned pre-colonial justice systems as well as the circumstances that led to their substitution with the British colonial justice system, including the use of imprisonment as the primary method of punishment. It proceeds to analyse the RJ concept and establishes that it does share similar principles and history with its pre-colonial counterpart and can therefore act as a 21st century alternative. Based on these findings, this thesis argues for the integration of RJ into the Nigerian Criminal Justice system, including its penal system and concludes with recommendations for its implementation.
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Connell, Barry Charles. "The ��Kevin Egan' case: an analysis from a criminal justice system perspective." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31977893.
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Tiquet, Marie-Edith. "Coercion, drug treatment and the criminal justice system : a service user perspective." Thesis, University of Portsmouth, 2017. https://researchportal.port.ac.uk/portal/en/theses/coercion-drug-treatment-and-the-criminal-justice-system(f31ebbd5-2aee-4489-ab8c-e50c3dc179c1).html.
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In the early 1980s, it was perceived that substance misuse and crime were linked and that drug users were responsible for a disproportionate amount of acquisitive crime being committed which led to the introduction of coercive measures. The causal relationship between drug use and crime has since been contested with attempts made to manage problematic drug use without appreciating the nature and underlying causes of substance misuse, such as assumptions relating to compulsion, ethics, motivation and self-determination. The effectiveness and appropriateness of contemporary drug policy has since consequently been due to the heterogeneous nature of coercion, as experienced by service users. With the changing focus of the government in the management of drug using offenders through the recovery agenda, albeit with the continued use of coercive measures, an in-depth exploration of drug using offenders’ experiences is essential to inform our understanding of the dynamics of coercion in their management. A qualitative approach is adopted using focus groups and semi-structured interviews to enable the views of participants to be explored. The use of Interpretative Phenomenological Analysis and the researcher’s experience of working in the substance misuse field facilitate a grounded understanding of drug users in the criminal justice system, giving meaning and context to experiences of coercion. This research found that substance use fosters loneliness, shame, fear, low self-confidence and causes individuals to go against their values which creates barriers to their ability to access treatment. To avoid prison was the main reason participants accepted coerced treatment however, this did not mean that they were not motivated to address their substance use or make changes to their lifestyles. Instead, coercive measures were found to create an opportunity to face challenges and access treatment, providing there were elements of their life they wanted to change. If they had not reached a point where they had ‘enough’, it was found unlikely that coerced treatment would be accepted or commenced. Through coercion, participants did not feel pressures or threats to remain in treatment and were not necessarily unwilling. They gained the ability to foster relatedness and stability which enabled positive behaviour change. Length of sustained engagement in treatment was dependent on participants’ levels of motivation and treatment services’ ability to increase their autonomy and competence which has important implications for practice.
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Tidball, Marie. "The governance of adult defendants with autism through English criminal justice policy and criminal court practice." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:7004f680-cd56-4a62-a097-458878d19f7a.
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Foucault's 'governmentality approach' developed the notion of 'dividing practices' (1991; see Seddon 2007) which recognises that how individuals and groups are categorised determines how they are governed. This thesis draws on critical disability studies and criminological literature on 'doing justice to difference' to develop a disability perspective in criminology, in order to analyse the governance of offenders with autism. It argues that there is descriptive and normative value in proactively categorising these groups as 'disabled' under the 'social model' of disability. The social model of disability is helpful in enabling us to distinguish between impairment and disablement. It allows us to comprehend the 'psy' literature, which explores the link between the 'symptomatology' of autism and criminality (the 'impairment branch' of the distinction) in combination with the 'interconnecting variables' (Browning and Caulfield, 2011) which lead offenders with autism into the criminal justice system and their inequitable experiences (the 'disablement branch' of the distinction). This is timely given the entrenchment of this model in the Equality Act 2010 and the inception of the Autism Act 2009, Statutory Guidance (DOH, 2010; 2015) and related policy. Using cross-method triangulation of qualitative data collected through interviews with elites and practitioners, textual analysis and court observation of eight adult defendants with autism through their court process, this thesis investigates why the status of this group as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It examines the extent to which policy-makers and criminal justice decision-makers consider the defendant's autism in their decision-making about the defendant's case in the courts. Finally, it examines the impact of 'collateral' effects of the criminal justice process on family members who supported these defendants.
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Yau, Shu-fung Dave, and 游樹峰. "A consumer study of the impact of the criminal justice system on the young offenders' criminal career." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31250002.
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Sweeney, Thomas. "The extension and practice of summary jurisdiction in England c. 1790-1860." Thesis, University of Cambridge, 1985. https://www.repository.cam.ac.uk/handle/1810/250869.
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May, Tim Peter. "Probation : politics, policy and practice." Thesis, University of Plymouth, 1990. http://hdl.handle.net/10026.1/2785.
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The aim of this study is to understand changes in the criminal justice system and their effects on policy and practice within the probation service In England and Wales. Towards this aim it utilises the techniques of participant observation, interviews, documentary research and an extensive self-completion questionnaire. The study proceeds by examining the history and politics of the Service and the relationship of these to changes in internal policy and occupational practice. More specifically, it then considers the responses of one probation area. Therefore, the study does not separate the issue of environmental effects on an organisation and how that has consequences for policy and practice within the Service. Within the Treen policy process, an 'implementation gap' is found to exist between probation management (ACPO and above) and the front-line (probation officers and ancillaries). However, the study goes further by examining the issues of autonomy and accountability of probation staff in relation to the organisation itself , as well as other groups and agencies. Further, alterations in the roles of personnel are examined in relation to the changes which policy implies. Again, significant differences are found to exist between the two groups of staff mentioned above. In order to further understand these differences, the study then examines ‘everyday work’ and finds that discretion is a necessary feature for managing and controlling a probation work setting . In the process, the issue of the compatability of policy and practice is raised and found to be wanting. Utilising a model developed in chapter 2, the study then seeks to understand these tensions as stemming from the 'politics' of the ‘alternatives to custody industry’ with its emphasis on central control and punishment; a philosophy at odds with the Service's traditional humanitarian concerns. The study finds in the nature of policy, a need for both both uniformity and predictability in probation work. However, the working environment is found to be neither uniform nor predictable, with front-line personnel also firmly believing that they need discretion in order to exercise their duties effectively. Finally, from a further understanding of this 'politics of probation', the study finishes with beliefs on the future development of the Service.
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Alton, Louise Elizabeth. "Creating choices in the UK : re-imagining the female criminal justice system." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/5158.
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The prison system of the UK is riddled with sexual inequality, substantially the same
procedures and facilities being extended to both male and female prisoners, representing
a failure to realise that the two genders experience incarceration in materially different
ways. The current formation of the system is blind to the social inequalities and
difficulties which construct the identities of the majority of female offenders, resulting in
an array of fundamental human rights abuses. Furthermore, decisions which
significantly disadvantage female inmates are made daily, with little consideration given
as to the correct bases for making such life changing choices.
Time and time again however, proposals for meaningful and radical reform are met only
with lethargic stalling by the Government, which seems content to pander to a punitive
public desire heavily constructed by unjustified media representation.
While similar processes have also operated in the Canadian context, federal female
prison reform has taken a decidedly feminist tilt over the last 20 years. It is in light of
this that thorough comparative examination and analysis of North American penal reform
will provide a body of information which will eventually constitute an invaluable
resource upon which to draw in planning the UK’s next moves towards a more
substantively equal and effective female criminal justice system.