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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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Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.
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Bolitho, Jane Johnman Social Science & Policy UNSW. "Creating space for young people, dialogue and decision making : youth justice conferencing in New South Wales Australia." Awarded by:University of New South Wales. Social Science and Policy, 2005. http://handle.unsw.edu.au/1959.4/20780.
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Juvenile justiceAdministration ofNew South Wales.Juvenile delinquentsRehabilitationThis study examines the process of Youth Justice Conferencing in New South Wales within the context of the theory and aims of the restorative justice movement. Analysis of relevant literature and theory suggests that restorative justice is a broad and encompassing movement that entails a decision making process where victims, communities and offenders come together in a joint response to an offence. Although this breadth has allowed and encouraged a proliferation of programs that respond to particular needs and particular demands of culture and social context, the consequence is that both understandings and practices of restorative justices are variable. When theoretical understandings are so varied there will necessarily be a lack of commonality in the way principles are articulated. If practice is not linked directly to principled theory it is inevitable that processes will be vulnerable at all levels to the interaction between context, situations and participant characteristics that may easily deflect the focus from the true purpose of restorative justice. This thesis attempts to clarify the restorative principles relevant to the NSW program with reference to Braithwaite and Pettit???s republican theory (1990) and their notion of dominion. In turn these principles are used to identify five practical elements to be used as a framework to guide youth conferences. Such a framework highlights potential areas for improvement in conference preparation and practice. A case study approach was used to collect data and involved the observation of eighty five Youth Justice Conferences in three New South Wales conferencing regions. As well, one hundred and fifty two currently practising Youth Justice Conferencing practitioners (Police, Conveners, Managers) in New South Wales completed a mail out questionnaire. Findings from the study suggest that conference processes are influenced by the presence or absence of five particular elements: the attendance of victims, the attendance of communities, the attendance of offender support, reparation to victims, communities and offenders and the experience of non-domination during the conference space. However, findings also suggest that ???situational??? factors may mediate these key elements to enhance or compromise the overall process. This thesis suggests that many of the issues arising in NSW conferences result from the failure to articulate the links between restorative justice theory and practice. While in NSW such links may intentionally have been unarticulated in order to encourage a freedom within the process, in reality the lack of clarification has led to a freedom in discretion that sometimes diminishes the chance of success. Therefore it proposes the need for a more articulated translation of theory into principles that will in turn frame practice. In this way the thesis uses the normative theory proposed by Braithwaite and Pettit (1990) to provide an explanatory and ideal framework for best practice in NSW Youth Justice Conferencing.
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McKillop, Dianne R. "Principles in public reasoning about criminal justice : victim vulnerability, trust, and offender status." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1035.
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It is popularly assumed that the public is highly punitive toward criminal offenders and that its reasoning about criminal offences is emotionally and morally based. This assumption has been challenged by social scientists who cite influences of news media and methodological flaws in empirical studies as contributing causes. Public sentiment is a basis for law and the increasing responsiveness of legislator to what is perceived to be public opinion on crime means that accurate information on enduring principles in the public's intuitive reasoning about criminal justice is vital. An initial exploratory study (N = 34) presented members of the public with descriptions of emotionally and morally provocative offences, morally indignant reactions and the assignment of punishments that were disproportionate to the objective harm caused by the offences indicated aspects of offences and associated reasoning principles that were worthy of further, experimental investigation. Important principles appeared to be breach of trust by an offender in a position of trust and the vulnerability of victims. A second study (N = 348) examined the influence of these two variables in a 3 x 3 (offender position of trust x victim vulnerability) between-subjects experiment. Findings confirmed that victim vulnerability exacerbates the public's condemnation of offences in a more prosaic offence. However the results also showed that an offender who occupied a highly trusted position in society was not more highly condemned than offenders in less trusted positions. In addition to the finding that the highly trusted offender was perceived to be significantly less in need of a punishment aimed at individual deterrence, this finding led to a hypothesis that his high status may have protected him from public sanction. It was also concluded that the type of trust whose violation the participants of the initial study strongly condemned may have been the trust that is inherent in relationships, rather than in social positions. Survey research (N1 = 192, N2 = 237) provided an empirical basis for unconfounded representations of status and trust in further investigations. Doctors, lawyers and police officers were selected as exemplars of various levels of trust and status. A subsequent experimental study (N = 122) manipulated offenders' trust and status, and the existence of a professional relationship between the offender and victim in a 3 x 2 between-subject design. Results indicated that the existence of a professional trust relationship interacted with the status and position of trust of an offender in their effect on public condemnation. The high status of an offender became a liability in terms of condemnation when that offender also had a professional relationship with his victim, but only when the offender occupied a trusted position in society. The same study indicated that, in an offence where no professional relationship with the victim existed, high status offered a significant degree of protection from a punishment aimed at general deterrence. It was concluded that, although concerns for victim vulnerability are ubiquitous in the public's reasoning about criminal justice, trust is a principle that is applied complexly and which interacts with offender status and offender-victim relationship. The public's responses to criminal offences are both more complex and more rational than is widely believed. The variability found in the data collected for this series of studies indicated that criminal justice researchers must be cautious in assuming consensus in public evaluations of offences and its reasoning about deserved punishment.
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Armstrong, Gillian Claire. "Administrative justice and tribunals in South Africa : a commonwealth comparison." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/17997.
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Thesis (LLM )--Stellenbosch University, 2011.ENGLISH ABSTRACT: In the field of administrative law, the judiciary has traditionally exercised control over the administrative actions of the executive through judicial review. However, judicial review is neither the most effective nor the most efficient primary control mechanism for systemic administrative improvement. In a country faced with a task of =transformative constitutionalism‘, and hindered with scarce resources, there is good cause to limit judicial intervention as the first response to administrative disputes. The major theme of this thesis is to investigate the feasibility of administrative tribunal reform in South Africa, using two other commonwealth countries, Australia and England, as a basis for comparison. Australia and England have been chosen for comparison because they share similar administrative law traditions and they can provide working models of coherent tribunal structures. The Australian tribunal system is well-established and consists of tribunals which fall under the control of the executive, while tribunals in England have recently undergone a significant transformation, and are now part of the independent judiciary. The South African government currently spends, indeed wastes, a significant amount of money on administrative law litigation. Due to the limitations of judicial review, even after the high costs of litigation and the long duration of court proceedings, the results achieved may still be unsatisfactory. Furthermore, judicial review is unsuited to giving effect to systemic administrative change and the improvement of initial decision-making. Australia and England have begun to move away from the traditional court model for the resolution of administrative disputes. Both have indicated a preference for the important role of tribunals in the administration of disputes. Tribunals have been shown to offer the advantage of being speedier, cheaper, more efficient, more participatory and more accessible than traditional courts, which contributes to tribunals being a more available resource for lay people or people without sophisticated legal knowledge, and provides wider access to remedies than courts. The English and Australian models indicate a few important trends which need to be applied universally to ensure a sustained tribunal reform and a system which provides a higher level of administrative redress than the over-burdened and institutionally inept courts currently do. These include co-operation among government departments and tribunals; open and accountable systemic change; the need for supervision and evaluation of the whole of administrative law by an independent and competent body; and ultimately a focus on the needs of users of state services. At the same time, there are arguments against administrative tribunal reform. These include the costs of reform; the ways to establish tribunals; and the level of independence shown by the tribunals. These arguments are especially relevant in the South African context, where the government faces huge social problems and a scarcity of resources. However, after an analysis of the valuable characteristics of tribunals and the role that they serve in the day to day administration of justice, it is difficult to see how these objections to tribunals can outweigh their potential importance in the administrative justice system. The need for sustained systematic reform in South Africa is one that cannot be ignored. Tribunals offer a valuable alternative to judicial review for the resolution of administrative disputes. Furthermore, the tribunal systems of Australia and England demonstrate how the effective creation and continued use of comprehensive tribunal structures contributes firstly to cost reduction and secondly to ease the administrative burden on courts who are not suited to cure large-scale administrative error.
AFRIKAANSE OPSOMMING: In die administratiefreg oefen die regsprekende gesag tradisioneel beheer uit oor die uitvoerende gesag deur middel van geregtelike hersiening. Geregtelike hersiening is egter nie die mees doeltreffende of effektiewe primêre beheermeganisme om sistemiese administratiewe verbetering teweeg te bring nie. In 'n land met die uitdagings van 'transformatiewe konstitusionalisme‘ en skaars hulpbronne, kan 'n goeie argument gevoer word dat geregtelike inmenging as die eerste antwoord op administratiewe dispute beperk moet word. Die deurlopende tema van hierdie tesis is 'n ondersoek na die lewensvatbaarheid van hervorming van administratiewe tribunale in Suid-Afrika, in vergelyking met die posisie in Australië en Engeland, waarvan beide ook, tesame met Suid-Afrika, deel vorm van die Statebond. Hierdie lande is gekies vir regsvergelykende studie aangesien hulle 'n administratiefregtelike tradisie met Suid-Afrika deel en beide werkende modelle van duidelike tribunale strukture daarstel. Die Australiese tribunale stelsel is goed gevestig en bestaan uit tribunale onder die beheer van die uitvoerende gesag, terwyl die tribunale stelsel in Engeland onlangs 'n beduidende hervorming ondergaan het en nou deel van die onafhanklike regsprekende gesag is. Die Suid-Afrikaanse regering mors aansienlike hoeveelhede geld op administratiefregtelike litigasie. Selfs na hoë koste en lang vertragings van litigasie mag die resultate steeds onbevredigend wees as gevolg van die beperkings inherent aan geregtelike hersiening. Tesame met hierdie oorwegings is geregtelike hersiening ook nie gerig op sistemiese administratiewe verandering en verbetering van aanvanklike besluitneming nie. Australië en Engeland het onlangs begin wegbeweeg van die tradisionele hof-gebaseerde model vir die oplossing van administratiewe dispute. Beide toon 'n voorkeur vir die belangrike rol wat tribunale in die administrasie van dispute kan speel Tribunale bied die bewese voordele om vinniger, goedkoper, meer doeltreffend, meer deelnemend en meer toeganklik te wees as tradisionele howe, sodat tribunale 'n meer beskikbare hulpbron is vir leke, oftewel, persone sonder gesofistikeerde regskennis en dus beter toegang tot remedies as tradisionele howe verskaf. Die Engelse en Australiese modelle dui op enkele belangrike tendense wat universeel toegepas moet word om volgehoue tribunale hervorming te verseker en om =n stelsel te skep wat 'n hoër vlak van administratiewe geregtigheid daarstel as wat oorlaaide en institusioneel onbekwame howe kan. Dit verwys bepaald na samewerking tussen staatsdepartemente en tibunale; deursigtige en verantwoordbare sistemiese veranderinge; die behoefte aan toesighouding en evaluasie van die hele administratiefreg deur 'n onafhanklike, bevoegde liggaam; en uiteindelik 'n fokus op die behoeftes van die gebruikers van staatsdienste. Daar is egter terselfdertyd ook argumente teen administratiewe tribunale hervorming. Hierdie argumente sluit in die koste van hervorming; die wyses waarop tribunale gevestig word; en die vlak van onafhanklikheid voorgehou deur tribunale. Hierdie argumente is veral relevant in die Suid-Afrikaanse konteks waar die regering voor groot sosiale probleme te staan kom en daarby ingesluit, 'n tekort aan hulpbronne ook moet hanteer. Daarenteen is dit moeilik om in te sien hoe enige teenkanting en teenargumente met betrekking tot die vestiging van administratiewe tribunale swaarder kan weeg as die potensiële belang van sulke tribunale in die administratiewe geregtigheidstelsel, veral nadat 'n analise van die waardevolle karaktereienskappe van tribunale en die rol wat hulle speel in die dag-tot-dag administrasie van geregtigheid onderneem is. Die behoefte aan volhoubare sistemiese hervorming in Suid-Afrika kan nie geïgnoreer word nie. Tribunale bied 'n waardevolle alternatief tot geregtelike hersiening met die oog op die oplossing van administratiewe dispute. Tesame hiermee demonstreer die tribunale stelsels in Australië en Engeland hoe die doeltreffende vestiging en deurlopende gebruik van omvattende tribunale bydra, eerstens om kostes verbonde aan die oplossing van administratiewe dispute te verlaag en tweedens, om die administratiewe las op die howe, wat nie aangelê is daarvoor om grootskaalse administratiewe foute reg te stel nie, te verlig.
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Downe, Kristy. "Exploration of perceptions of justice amongst secondary victims of sexual crime." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2007. https://ro.ecu.edu.au/theses/256.
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Justice is a key concept upon which society is built. Different interpretations of justice, and disagreements over what it demands, continue to complicate its meaning and application. Though academic and public discourse has added to knowledge as to what justice represents, developing an understanding of justice from the view of "everyday people" has important empirical and clinical implications. It is argued here that research grounded in people's lived experience yields a more comprehensive picture of justice in terms of how the concept is structured and secondly, how its meaning varies between individuals. Such knowledge can be used to develop judicial and community policies/services better suited to community needs. This research focused on perceptions of justice amongst family and friends of victims (secondary victims) of sexual assault or abuse. Evidence suggests that secondary victims are affected by victimisation similar to direct victims and furthermore, are important to direct victims' recovery. Sexual crime also represents an important form of crime in that it constitutes a particularly serious violation of personal boundaries. A grounded theory approach to empirical inquiry was adopted in this research in keeping with the emphasis on exploration and lived experience. Data was collected over 2 interrelated studies. In Study 1, 20 participants completed a pen-and-paper questionnaire. In Study 2, which constituted the main study, 29 participants took part in semi-structured interviews. Analysis revealed that a sense of justice emerged out of themes/concepts covering two major areas: the experience of victimisation and secondly, beliefs about justice per se. Victimisation impacted on participants similar to how contact with traumatised individuals results in secondary trauma in some carers, health professionals, and similar support figures. Justice themes/concepts relevant to participants overlapped with elements represented in procedural and retributive theories of justice, as well as centring on concepts, such as healing and recognition, which fall outside of traditional justice theory. Participants sought "good enough" rather than absolute justice and relatively few participants believed good enough justice had been achieved in their situation. Overall, findings indicated that justice is expressed and realised in different ways between individuals despite clustering around common themes/concepts.
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Bedells, Stephen J. "Incarcerating Indigenous people of the Wongatha lands in the Eastern Goldfields of Western Australia : Indigenous leaders’ perspectives." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2010. https://ro.ecu.edu.au/theses/137.
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The Wongi
people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their perceptions of the incarceration system. They indicated that prison is being applied too frequently for minor offences, does little to prevent further offences and has a profound negative socio-economic impact on inmates’ partners and children. The negative impact was also exacerbated when Wongi prisoners are transferred 600 kilometres out of their country to Perth because the local prison is overcrowded. The Wongi leaders who were interviewed believe that the criminal justice system lacks the moral authority to deal with their people fairly and punishes inmates’ families more so than the offender. According to the Wongi leaders, the incarceration system could be improved by using the cultural practice of shaming and targeting training more effectively so that prisoner skill sets were identified and enhanced to improve employment chances and a reduction in recidivism. By using these strategies, the criminal justice system would increase the deterrent effect of incarceration, decrease the rate of recidivism, and improve the Wongi perception of the system.
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Askam, Tina. "A study of walking and walkability through a spatial justice/spatial practice framework, in Maylands, Western Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2017. https://ro.ecu.edu.au/theses/1966.
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Recent studies have focused on the benefits of walking to health, wellbeing, creativity and social capital. However, apart from select ethnographic observations on walking as a distinct spatial practice (J. Lee & Ingold, 2006), there is a paucity of studies that investigate the ways in which walkers and space interact. Most importantly, there has been a distinct lack of attention to pedestrian perspectives and experiences in theory and in policy on walkability (Middleton, 2011, 2016).
Notable theorists have demonstrated the benefits of participatory walking practices as a conversive and convivial methodology for performance research (Myers, 2009), for intergenerational urban pedagogy (L. G. Phillips & Hickey, 2013), and for investigations into everyday experience (Bendiner-Viani, 2009). This study builds on this research by employing walking as a participatory research method to investigate walking as a distinct spatial practice.
There has been a recent call for the development of methods to interrogate mobility inequities (Sheller, 2016). The need for a critical approach to the production of walkable neighbourhoods has also been identified (Zavestoski & Agyeman, 2015). This thesis contributes knowledge to both of these problems by investigating walking and walkability through a spatial justice/spatial practice approach. This work also problematises the commodification of walkability and, as a result, highlights participants’ values of everyday walking practices.
This investigation used participatory walking research methods, employing walking interviews and walking workshops. Data was collected from inhabitants, aged 5 – 80, from Maylands, an inner urban suburb of Perth, Western Australia. A theoretical model for spatial justice in spatial practice is developed from the research data. The model integrates three identified core values of spatial practice: accessibility, interactions and belonging. The knowledge contributed by this thesis can inform a holistic approach to walking and walkability that achieves the outcome of greater spatial resilience for inhabitants.
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Wright, Jodie S. "Sentencing decisions : the public view of the effects of consequences of crime, offender remorse and type of crime." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1069.
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The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n = 99) and female (n = 94) members of the Western Australian public. The design was a 2 x 2 x 2 x 2 between subjects factorial, with dependent variables of length of sentence assigned (0-10 years jail), rated influence of four sentencing goals (retribution, rehabilitation, incapacitation and deterrence) on sentence choice, and responses to an open-ended question about the reasons for the sentence chosen. The main findings were that demonstrations of offender remorse and the level of harm caused to the victim appeared to be factors in public participants' sentencing. There was no difference in sentences assigned by male and female participants. Although the majority of participants believed they sentenced for rehabilitative reasons. Retribution appeared to be the major factor in the sentences assigned an outcome which reflects the focus of the Western Australian sentencing legislation. Implications arising from the results include the need for more public education in the areas of the functions or the courts, legal principles and theories, and options for victims of crime. Overall, the current study added to the body of research examining public opinions about the potential relevance of various victim and offender factors at the sentencing phase in the search for uniformity in sentencing.
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Calvey, Jo. "Women's experiences of the workers' compensation system in Queensland, Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2002. https://ro.ecu.edu.au/theses/731.
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This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why women may not claim workers' compensation, and the impact of the process on each women and their family(s). Acker's theory of 'gendered institutions' was used to understand why "many apparently gender-neutral processes are sites of gender production" (Acker, 1992b, p. 249). The experiences of the eleven women suggested that the workers' compensation system in Queensland is gendered; 'The women indicated that the workers compensation process was a disincentive to making a claim. WorkCover was viewed as siding with the employer, bureaucratic in nature and lacking values associated with empathy, sympathy and caring. Recommendations for improvements to the workers' compensation included: establish legal obligations and enforcement of occupational health and safety responsibilities to injured or ill workers; adoption of occupational health and safety values by employers; change the attitudes of employers (recognising women as breadwinners and workers are not disposable); a single case manager to advocate for injured or ill workers; recognition of mental and emotional consequences of an injury or illness provision of rehabilitation that recognises mental and emotional factors as well as the importance of family participation; greater involvement of employers and employees in the rehabilitation process; and finally, improved service delivery which involves consistency, ethics, clarity, (regarding the WorkCover process for injured workers and employers), accountability and involvement of all parties. The knowledge embedded in the interviews, expressed through core stories and themes, was essential to making women's voices visible and providing an insight into service delivery based on women's experiences and needs.
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Hilly, Laura Ellen. "Experienced justice : gender, judging and appellate courts." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d3f64853-898a-4c01-a17e-819d6a095f52.
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The under-representation of women in the senior appellate judiciary in common law jurisdictions remains an enduring problem. Much has been written about the lack of women’s participation in the judiciary and what strategies, if any, should be undertaken in order to resolve this persistent problem. However, this thesis takes a step back to ask a broader question: what impact does gender diversity have upon judicial decision making in appellate courts? It seeks to answer this question by engaging feminist standpoint theory to assess the experiences of men and women judges from three common law jurisdictions: England, South Africa and Australia. Through a series of interviews conducted with members of the senior judiciary in these jurisdictions in 2012 and 2013, this thesis explores the extent that interviewees consider that gendered experiences impact upon their own judging, and judging within the dynamics of collegiate appellate courts. This thesis concludes that while it is not possible to pinpoint one particular ‘contribution’ or ‘impact’ that gendered experiences have upon judging, it is nonetheless generally considered by those interviewed to be an important part of the judicial decision making process in several subtle, yet important, ways. Because of the considerable role that diverse gendered experiences play in judicial decision making, appointments processes should be sensitised to the need for diversity of experience and alive to the danger of ostensibly neutral appointment criteria devaluing diverse experiences, particularly the experiences of women in the law.
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Nancarrow, Heather. "In search of justice in domestic and family violence." Click here to download PDF file, 2003. http://www.noviolence.com.au/public/archivednews/insearchofjustice.pdf.
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Malbon, Justin Law Faculty of Law UNSW. "Indigenous rights under the Australian constitution : a reconciliation perspective." Awarded by:University of New South Wales. School of Law, 2002. http://handle.unsw.edu.au/1959.4/19044.
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This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.
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Ward, Helen. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
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Erbe, Carsten Ashley. "Crime, institutions and community : an exploratory analysis of criminal justice devolution in the Aboriginal settlement of Palm Island, Queensland." Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/35886/1/35886_Erbe_1997.pdf.
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The thesis is an exploratory analysis and evaluation of criminal justice devolution on the Aboriginal settlement of Palm Island, Queensland. Embracing a community centric
approach, the work commences with an analysis of the historical development of the community from its inception to the modern day. Used as a starting point, the thesis then proceeds to explore the two theoretical concepts which underlie the broader devolution
movement. The institution and the goal towards its more effective and efficient operation - through the use of more grassroot, contingency-based, organizational structures; the community and the goal towards re-establishing its cohesive, collective nature - through the use and encouragement of more informal processes of human thought, interaction, and social control. The work goes on to demonstrate how this devolution process has
been manifested in the Queensland criminal justice context and in direct relation to Palm
Island itself This examination includes the police, adjudication/ court, and correction services available within the state. The general conclusion is that while the devolution process has some weaknesses it has improved the overall quality of these services. Yet,
while the process has shown some signs of early success, there are notable dangers related to its development, especially those which relate to the greater subversion of the Aboriginal people into the hands of the state. Ultimately it is concluded that the process' future success is dependent on two things. The willingness of the Aboriginal people to actively participate in these mechanisms and the state's capacity to relinquish its
institutional power. If these do not coincide, these mechanisms will fail and crime will continue to burden Palm Island and other communities like it.
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Temmen, Justin. "Smart grid infrastructure deployment: Social justice mechanisms for Western Australia." Thesis, Temmen, Justin (2013) Smart grid infrastructure deployment: Social justice mechanisms for Western Australia. Other thesis, Murdoch University, 2013. https://researchrepository.murdoch.edu.au/id/eprint/16951/.
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Evolution of today’s electricity supply system into intelligent, automated, selfrepairing and diversely supplied networks is necessary for the future requirements of growing populations concerned with economies, climate change and social equity.
This report discusses the current state of the art with respect to smart grids, investigating the enabling systems that feature within the interface between supply and demand. Informed by contemporary smart grid trials and pilot studies, the report outlines barriers and challenges that have arisen in the deployment of smart grid systems. Investigation of backlash and concerns for disadvantaged demographics leads to the proposal of distributed energy generation and storage systems integrated with advanced metering infrastructure and direct load control devices to alleviate the economic hardship, and fulfil a reasonable expectation of quality power supply faced by these demographics.
A case study on remote indigenous communities and another on low income community housing, using data from stakeholders within these domains, informs examples of applicable distributed systems. Feasibility of photovoltaic renewable energy systems and energy storage systems within indigenous communities is investigated where a 50c /kWh feed-in exists. Results are translated to similar residential density coded properties within the metro. Recommendations for flexibility in the consideration of systems for medium to high density community housing accommodation, with respect to roof space and the foot-print requirements of energy storage systems, follow an example for a 50 apartment medium density complex.
Payback periods of 5 to 10 years are shown to be feasible, using a business case which proposes the negotiation of feed-in, peak feed-in and ancillary service tariffs and concessions from the contestable energy market.
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Cassayre, Yannou Aude. "Justice des cités, justice sous tutelle ? : la justice dans les cités grecques, de la formation des royaumes hellénistiques au legs d'Attale." Bordeaux 3, 2008. http://www.theses.fr/2008BOR30050.
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Ce travail décrit l’évolution de la pratique judiciaire dans les cités grecques à l’époque hellénistique. La justice qui subit alors les répercussions de l’émergence des royaumes hellénistiques, se développe en devenant un secteur de plus en plus autonome et en acquérant peu à peu son propre langage juridique. Les procédures s’amplifient et montrent une spécialisation de l’ensemble du secteur juridique. L’application de ses sentences et la capacité de la justice à rester indépendante des intérêts particuliers sont au fondement de la politique des citésThis study describes the evolution of judicial practice during hellenistic times. Justice which undergoes the effects of the rise of hellenistic kingdoms, at the same time develops in becoming more and more autonomous and in acquiring progressively its proper judicial language. Proceedings grow and show how specialized the judicial sector has become. The application of sentences and the capacity of staying independent from private interests are the basis of cities policy
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Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
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While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
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Wallace, Anne Maree. "Justice and the 'virtual' expert : using remote witness technology to take scientific evidence." Phd thesis, Faculty of Law, 2011. http://hdl.handle.net/2123/8986.
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Simon, Thomas. "Grundherrschaft und Vogtei : eine Strukturanalyse spätmittelalterlicher und frühneuzeitlicher Herrschaftsbildung /." Frankfurt am Main : V. Klostermann, 1995. http://catalogue.bnf.fr/ark:/12148/cb37621351r.
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Berthier, Laurent. "La qualité de la justice." Limoges, 2011. https://aurore.unilim.fr/theses/nxfile/default/aa99ed65-735a-40f5-8a8c-172ee3c087cb/blobholder:0/2011LIMO1001.pdf.
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La qualité constitue un standard désormais inévitable au sein des services publics. Elle implique une nouvelle appréciation de ces derniers et porte en elle un ensemble de dispositifs techniques destinés à améliorer la prestation proposée. Son application au sein du service public de la justice est toutefois plus difficile à concevoir et en cela novatrice, dès lors que la justice se démarque des services publics ordinaires, par des principes d'organisation et de fonctionnement qui apparaissent, selon une première lecture, plutôt incompatibles avec les idées que sous-tend la qualité, comme la performance ou la productivité. Cependant, en tant que valeur, la qualité constitue un nouveau prisme à travers lequel peut être redécouverte la justice dans son ensemble : l'indépendance de la justice en sortira revisitée, la relation avec les usagers également, ces derniers aspirant à davantage de compréhension et de transparence dans le fonctionnement de la justice, tant administrative que judiciaire. S'y immisçant progressivement, la qualité peut alors servir d'instrumernt garantissant une progression constante du système judiciaire. Elle est alors source d'innovation, développe une culture managériale et offre des solutions face à l'accroissement exponentiel du contentieux. La qualité n'est pourtant pas une panacée dès lors qu'elle rime trop souvent avec productivité ; l' approche économique de la qualité ne semble donc pas convenir à la sphère judiciaire dès lors que le juge, nécessairement indépendant, est pourtant contraint d'être performant. La qualité montre ici ses limites et doit s'adapter aux spécificités organisationnelles et fonctionnelles d'un service public régalienQuality constitutes a standard which will henceforth become inevitable within public services. It implies a new appreciation of these services and carries within a system of technical structures intended to improve the performance of what is on offer. Its application within the public service of justice is however more difficult to imagine and requires, as a result, a new approach. From that point on , justice is distinguished from ordinary public services by the principles organization and operation, which appear, on the first sight, rather incompatible with the ideas which underlie quality, like performance or productivity. However, as far as value is concerned, quality constitutes a new prism through which one can rediscover justice in its entirety : the independance of justice will emerge in a new light, as will its relationship with its users, who will aspire to a better understanding and clarity into how justice oprates, both administratively and as a dispenser of justice. By progressively intervening here, quality can thus serve as an instrument which guarantees a constant progression within the justice system. It is thus a source of innovation, develops a managerial culture and offers solutions when faced ith the exponential growth of litigation. Quality is not, nevertheless, a panacea from the moment that it rhymes too often with productivity ; the economic approach to quality would not appear to suit the sphere of justice from the time thet the judge, who is necessarily independent, is nevertheless constrained to be effective. Quality demonstrates its limits here, and must adapt to the organizational and functional specificity of a regal public service
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Lu, Terence Zimin. "And justice for all? : Aversive homoprejudice in criminal justice decisions /." [St. Lucia, Qld.], 2006. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19744.pdf.
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Diab, Robert. "Terrorism and the administration of justice in Canada." Thesis, University of British Columbia, 2007. http://hdl.handle.net/2429/32370.
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This thesis explores ways in which perspectives in Canada on the administration of justice
have shifted after September 11, 2001, in criminal and administrative law. The
introductory chapter sets out the general context of my thesis, including a discussion of
the development of due process and constitutional rights, and a brief comparison between
American, British and Canadian legislative responses to 9 /11. Chapter 2 concerns the
context, in which the Canadian Anti-terrorism Act (2001) was drafted, the government's
understanding of its purpose and function, and critical reception of the Act. In the face of
considerable skepticism, the government (and a minority of sympathetic figures) insisted
upon the consistency of the Act with the Canadian Charier of Rights and Freedoms, and argued
that it struck a balance between individual and communal interests in a new yet
appropriate fashion. Chapter 3 focuses on judicial responses to anti-terror legislation,
including provisions dealings with 'security certificate' detentions; the deportation of
terrorist suspects to face the risk of torture; and provisions of the Anti- terrorism Act. The
cases suggest a general tendency to justify or rationalize departures, from traditional
notions of due process, constitutionalism and 'fundamental justice' (in section 7 of the
Charter) as appropriate, balanced, and normal. Chapter 4 addresses the problem of
accountability of law enforcement and intelligence agencies in light of the post-9/11
amendments to the Canada Evidence Act that significantly expand the scope of state secrecy
and privilege in 'national security' matters.Law, Peter A. Allard School of
Graduate
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Ward, Margaret L. "Inclusive housing in Australia : a question of responsibility and distributive justice." Thesis, Queensland University of Technology, 2013. https://eprints.qut.edu.au/63493/1/Margaret_Ward_Thesis.pdf.
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This thesis challenged the assumption that the Australian housing industry will voluntarily and independently transform its practices to build inclusive communities. Through its focus on perceptions of responsibility and the development of a theoretical framework for voluntary initiatives, the thesis offers key stakeholders and advocates a way to work towards the provision of inclusive housing as an instrument of distributive justice.
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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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Lhuillier, Julien. "La bonne administration de la Justice pénale en Europe." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0157.
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Etudier l'administration de la Justice et l'évaluation de sa qualité, sous l'angle d'unecomparaison européenne, c'est en quelque sorte anticiper ce que pourrait être la Justice indépendante et démocratique du 21ème siècle. En initiant les démarches comparatives sur ce thème, le Conseil de l'Europe - et plus exactement la Commission européenne pour l?efficacité de la Justice (CEPEJ) - a mis en place un cadre d'évaluation et un réseau de tribunaux référents efficace, qui lui donnentaujourd'hui une longueur d'avance sur les travaux entrepris par ailleurs. La diversité des systèmes judiciaires du Conseil de l'Europe, par son ampleur, offre des possibilités de comparaisons élargies, permettant la mise en évidence de groupes d'Etats comparables et d'indicateurs de qualité nombreux et pertinents.En Europe, citoyens et classe politique brocardent fréquemment les circonstances dans lesquelles la justice est rendue. Mais, ce n'est plus comme autrefois la décision rendue pour telle ou telle affaire qui est le plus souvent dénigrée, c'est en fait la gestion du problème par l'ensemble de la chaîne judiciaire qui est remise en cause. Les indicateurs quantitatifs se multiplient, au risque de nuire à la qualité de la justice rendue. Pour répondre aux attentes nouvelles des citoyens sans mettre en péril l'indépendance et la qualité de la Justice, les Etats d'Europe doivent eux-mêmes évoluer et installer la question de l'administration de la Justice au coeur du débat public. Dans la première partie de l'étude, la recherche d'une bonne administration de laJustice permet de mettre en évidence certains indicateurs de qualité relatifs aux différentes formes d'indépendance et de transparence de la Justice. Elle permet aussi de s'interroger sur la nouvelle place de l'usager durant le procès et sur l'attente qui lui est imposée pour traiter son affaire. Il en ressort en définitive que le souci de bonne administration joue un grand rôle dans l'indépendance organique et déontologique, tant lors de la sélection et de la nomination des magistrats que de leur entrée en fonction et de l'exercice de celle-ci. Les différents niveaux considérés, institutionnel, fonctionnel et personnel, témoignent de possiblesévolutions, y compris en France où le pouvoir exécutif joue encore un rôle important. D'autres réformes, visant à rendre l'administration de la Justice plus proches de l'usager sont également souhaitables : en favorisant la concertation et l'échange avec les usagers et les 8 partenaires des juridictions, il deviendra plus aisé de définir la place de l'usager, de répondre à ses préoccupations et de rendre son attente véritablement utile.Dans la seconde partie de l'étude, la recherche d'une bonne administration de laJustice permet de mettre en évidence de nombreux indicateurs quantitatifs et qualitatifs relevant par exemple des moyens de la Justice, de la gestion des flux, du coût et de la qualité des procédures. Le dernier titre de l'étude élabore une synthèse ainsi qu'un outil à l'usage des praticiens. Il replace les principaux indicateurs relevés au cours de l'étude au sein de divers domaines d'évaluation et indique pour chaque indicateur les méthodes d'évaluation qui paraissent être les plus appropriées. L'intérêt et le caractère novateur de cette recherche résident dans la comparaison des différents modèles judiciaires, sans se limiter à une approche purement conceptuelle, « architecturale », de l'administration de la Justice, mais en y incluant largement les critères qualitatifs et quantitatifs dégagés au sein des Working Groups des organisations internationales. La bonne administration de la Justice n'est pas seulement la justice rendue, quantifiée par les rapports d'activité des juridictions, mais également la capacité du système à faire accepter et respecter, aussi bien dans les milieux judiciaires que dans l'opinion publique, les critères de bonne justice qui ont été dégagés par le droit européenIn a European comparative perspective, a study of administration of Justice andassessment of its quality means to anticipate what an independent and democratic Justice should be in the XXIst century. By carrying out comparative exercises in this field, the Council of Europe - and namely the European Commission for the Efficiency of Justice - has created an assessment framework and an efficient network of pilot courts, which put the Commission's endeavors ahead of any similar works done by other organizations. The diversity of judicial systems that make part of the Council of Europe offers large possibilities for comparison, which allow sampling and categorizing of different States and elaboration of relevant quality indicators. In Europe, citizens and political classes criticize the circumstances under which Justice is rendered. However, in contrast with the past, the critique does not target specific decisions rendered in a particular case, but more so the administration of the case by the entire chain of the judicial mechanism. Quality indicators are proliferating, at risk of hindering the quality of Justice rendered. In order to give an adequate reply to new demands of the citizens, without infringing independence and quality of Justice, the European States should themselves assessthe quality of Justice administration and put this issue in the heart of the public debate. In the First part of the Study, the quest for fair administration of justice allows to identify certain quality indicators relating to different forms of independence and transparency of Justice. Also, it raises the question of the new place that should be conferred to the user of Justice during the process and the timeframes to which his case is subjected. The study shows that, in the end, the quest for fair administration of Justice has a great role to play in ensuring structural and ethical independence during selection and appointment of magistrates, as wellas during their entering into function and their exercise thereof. The different levelsconsidered - institutional, functional and personal - allow projecting possible ways ofevolution of the matter in Europe, including in France where the executive power still plays an important role. Reforms aiming at making Justice closer to the user are recommended: by promoting exchange between users and different partners of jurisdictions, it will become easier to define the place of the users within the Justice system, to provide an adequate 11 remedy to their problems and to make useful the time that they spent awaiting a decision on their case.In the Second part of the Study, the quest for fair administration of Justice allows to identify multiple qualitative and quantitative indicators, which relate to the case flow, to the costs, to the quality of the procedures, as well as to the financial means allocated to Justice. The last title of the study provides a synthesis and a tool for practical use: it applies the previously identified indicators to different fields of assessment and designates to every indicator the most pertinent assessment methods. The interest and the novelty of the present research reside in the comparison of the different Justice models, going beyond a purely conceptual, -architectural - approach of Justice administration and exploiting qualitative and quantitative criteria elaborated by Working Groups of international organizations. Fair administration of Justice is not only the Justice rendered and quantified by courts' activity reports. It also reflects the capacity of the Justice system to make accept and respect - by the judiciary, as well as by the public opinion - the common European criteria of "fair justice"
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Stahlkopf, Christina. "Rhetoric or reality? : restorative justice in the youth justice system in England." Thesis, University of Oxford, 2006. http://ora.ox.ac.uk/objects/uuid:c00ef572-167f-4f91-91a1-5687d26972f4.
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This thesis explores the recent introduction of restorative justice into the youth justice system in England. It examines the historical and political context from which current youth justice policies have emerged and aims to evaluate how this new system is functioning 'on the ground' several years after being implemented. Specifically, the primary aim of the research is to investigate final warnings and referral orders. The findings are based on an in-depth study of one Youth Offending Team (YOT). The research adopted a predominantly qualitative, case study based method utilizing techniques of observation, informal conversations, formal interviews with the young offenders and their supporters as well as with authority figures who are amongst those responsible for policy and practice in the youth justice system. The substantive chapters of this thesis focus on the delivery of final warnings, referral order panel meetings, victim participation, and the structural, cultural and political influences on YOT practice. This research concludes that at present, restorative practices in England are seriously compromised. However, simply because these programmes experience difficulties, they should not necessarily be considered a failure. The present failures in practice are not related to the philosophical foundation of these programmes or even to the way in which they have been set up. Rather, the current shortcomings in practice are due mostly to a failure of implementation on the part of the YOT. The final warning and referral order programmes, if improved, have the potential to become an effective first encounter with the criminal justice system and to impact positively on many first time offenders.
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潘靄恩 and Oi-yan Vivien Poon. "Natural justice: an analysis of the student review process in the University of Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31964825.
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Mestrot, Michèle. "Action associative et justice pénale." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D027.
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On assiste actuellement a un développement sans précédent de l'intervention des associations dans l'administration de la justice pénale. Les effets de l'interaction entre associations et justice peuvent être différemment analyses. Les associations, en s'emparant de la gestion des conflits auparavant dévolus a l'état, pensent modifier le schéma étatique du droit de punir. A l'inverse, leur incorporation au service public est de nature a les transformer en simples instruments de l'administration. Le constat final est néanmoins plus nuance. Certes, les associations subissent inexorablement une institutionnalisation progressive mais elles conservent néanmoins une spécificité par rapport au secteur public. Enfin, sans remettre en cause la nature étatique de la justice répressive, elles provoquent et réussissent même un changement institutionnel qui pare la justice pénale d'une nouvelle légitimitéWe are presently facing an imprecedented increase of the associations' interference into the penal justice administration. The effects of the interaction between associations and justice can be differently analysed. The associations, when taking hold of the conflicts' management formely devolved on the state power, expect that they can alter the static diagram of the punishment power. On the other hand, their insertion into the public service could tend to transform them into mere administration's tools. The final report is nevertheless more qualified. Of course, the associations suffer unieldingly a progressive institutionalisation but they nevertheless keep a specificity in relation with the public administration. As last, although not arguing about the static nature of the repressive justice, they cause and even carry out an institutional evolution which adorns the penal justice with a new legitimity
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Isokun, M. I. "Administration of justice : a study of the Nigerian systems of justice in Bendel State, Nigeria." Thesis, Swansea University, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.637378.
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Ghulam, Shakil Ahmed Ghulam Gadir. "Distributive justice vs. procedural justice: Perceptions of fairness of Saudi Arabian civil service employees in their performance appraisal system." Diss., The University of Arizona, 1993. http://hdl.handle.net/10150/186110.
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This study uses the concepts of distributive justice and procedural justice to examine Saudi Arabian civil service employees' determinants of fairness in their performance appraisal system. A survey of 400 civil service employees in different public sector agencies in two major cities of Saudi Arabia, Riyadh and Jeddah, was conducted. Seven hypotheses were proposed and tested. The composite dependent variable was the "Perceived satisfaction and fairness of the performance appraisal system." Data were collected by means of a questionnaire. Multiple regressions and T-tests analyses were used to analyze the gathered data. The study found that perceptions of fairness among Saudi civil service employees an their performance appraisal system were strongly related to four procedural justice factors: (1) feedback received from the performance evaluation process helped to identify strengths and weaknesses of employees' performance, (2) the extent to which performance appraisal was used for setting goals for future performance, (3) participation in goal setting, and (4) whether the performance appraisal was used for determining training needs. These findings provide strong support for procedural justice theories. Moreover, this study found that cultural values may not be a significant factor in explaining Saudi civil service employees' reaction to their performance appraisal system. Finally, findings of this study have important implications for multinational companies and their consultants.
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L'Haroual, Mohamed. "Les enjeux de la justice marocaine." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10018.
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Thème brulant d'actualité et priorité nationale les enjeux de la justice marocaine ne peuvent être saisis qu'à la lueur du passé. Avant le protectorat occidental l'identité et l'esprit de tolérance de la justice s'exprimaient par le biais de son droit et de ses institutions judiciaires à caractère religieux. Le protectorat a brisé cette harmonie en découpant le territoire en plusieurs zones soumises à des institutions et à des droits européens différents coexistant avec le droit et les structures locales préexistantes. Le premier enjeu de la justice marocaine lors de l'indépendance a été de s'affranchir peu à peu de cette jungle juridique et judiciaire. Y est-elle parvenue ? C'est l'objet de la première partie. A l'heure actuelle la justice est confrontée à de nouvelles difficultés. Elle doit consolider son indépendance, devenir plus accessible, efficace et sociale, et enfin plus compétitive dans le contexte international et européen. Les efforts déjà réalisés sont-ils concluants ? La deuxième partie tente de répondre à cette questionIt is a burning topical theme and a national priority. This challenge to the Moroccan justice cannot be understood if we don’t shed a historical light on it. In fact, before the occidental protectorate, the identity and tolerance spirit of justice were expressed through its religious law and juridical institutions. The Protectorate broke this harmony by cutting the territory into several zones under different institutions and European rights that coexisted with the pre-existing law and local structures. The first challenge of the Moroccan justice during independence was to gradually overcome this legal and juridical jungle. Has it succeeded or not shall be the object of the first part. In the mean time, justice is facing new difficulties. It must consolidate its independence, becomes more accessible, efficient, social and finally more competitive in the international and European context. The efforts made so far are they conclusive? The second part will attempt to answer this question
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Xiang, Fang. "Mutual legal assistance in criminal matters between Hong Kong and the Mainland." Click to view the E-thesis via HKUTO, 2004. http://sunzi.lib.hku.hk/hkuto/record/B3370854X.
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Kam, Chun-keung. "The jury system : is it an ideal way to deal with complex serious crimes? /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22032046.
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De, Sousa Linck Valéria. "Nouvelles stratégies en politiques criminelles : l’expérience brésilienne." Paris 10, 2013. http://www.theses.fr/2013PA100143.
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Les nouvelles stratégies de répression et de prévention de la criminalité sont soumises à des multiples contraintes nationales et internationales dans un contexte de reconnaissance de nouveaux droits, d’accroissement des inégalités, de nouvelles manifestations de la criminalité, de nouvelles demandes de participation, de changement du rôle de l’Etat, d’urgence, d’efficacité gestionnaire, de flexibilité et de complexité. À partir de la recherche d’une nouvelle conformation de la justice pénale face aux droits de l’Homme, selon les contraintes normatives et les exigences pragmatiques liées au contexte de globalisation, on avance vers l’ambition d’une justice restaurative en matière pénale, comme complément ou alternative au modèle traditionnel de justice pénale – où s’inscrit l’avènement d’une justice consensuelle, négociée ou réparatrice. Concilier l’efficacité des systèmes de justice pénale, la garantie des droits des individus (accusés, victimes et tout membre de la société) et l’ambition d’une justice restaurative en matière pénale est devenu le grand défi des systèmes de justice en temps d’incertitudes. Ce défi concerne tout particulièrement le ministère public, qui est au cœur des mutations des systèmes de justice pénale, qui correspondent aux nouvelles stratégies en matière des politiques criminelles répressives et réparatrices. Face aux multiples transformations en cours, le rôle du ministère public doit être repensé en fonction d’une justice pénale en profond changement, du passage d’un ordre imposée à une justice consensuelle, un phénomène qui atteint les systèmes aussi bien brésilien que françaisThe new strategies in criminal policy for crime control and prevention are subject to several national and international restrictions in a context of recognition of new rights, increased illegalities, new forms of crime, new demands for social participation, changes in the role of the State, urgency, managerial effectiveness, flexibility, reflexivity and complexity. Under the normative constraints and practice demands of the current scenario of globalization, the new changes in criminal justice systems vis-à-vis human rights have evolved to a search for a restorative justice approach to criminal matters as a complement or an alternative to a traditional justice practices – hence the emergency of a consensual, bargained and restorative justice model, to combine the effectiveness of the criminal justice systems, the protection of individual rights (those of offenders, victims and the community) and the implementation of a restorative justice model in criminal matters has become the great challenge of justice systems in times of insecurity, danger and uncertainty. This challenge involves particularly the prosecution service, which has been at the heart of such changes in criminal justice as new strategies in crime control and reparative policies have arisen. In view of so many changes, the role of prosecutor’s office must be reexamined in light of the ongoing paradigm shift in criminal justice from an imposed order towards a consensual approach, a phenomenon that has reached both the Brazilian and the French criminal justice systems
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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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Cox, Alexandra. "Young people's responses to juvenile justice interventions." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610224.
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Wyvekens, Anne. "L'insertion locale de la justice pénale." Montpellier 1, 1992. http://www.theses.fr/1992MON10015.
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Au carrefour de la nouvelle politique francaise de prevention de la delinquance et de la modernisation de l'institution judiciaire la justice penale est invitee a s'ouvrir sur son environnement local. Utilisant une double demarche - etude historico-juridique et analyse du discours des magistrats - , la these vise a montrer les origines, les difficultes et les multiples implications possibles de cette "insertion locale de la justice penale"At the cross-roads of the latest french policy of crime preventio and of the modernization of the judicial institution, penal justice is invited to open up to its local environnement. Using a twofold approach - historical and juridical study as well as the speach analysis of magistrates -, this thesis aims to shows the origins, difficulties and multiple possible implications of this "local integration of the penal justice"
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Isaacs, Nthabiseng Rosalind Bertha. "Child justice: an analysis of the development of child justice reform in Botswana." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020094.
Full textAbstract:
This dissertation addresses the developments of child justice in Botswana. The first ever child justice that was established is discussed with the aim to understand the influence it had on Botswana with regard to the nature of the proceedings and the founding principles of child justice and its application in the courts. International Conventions that have a bearing on the rights of children in Botswana, such as the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the United Nations Guidelines for the Prevention of Juvenile Delinquency and the African Charter on the Rights and Welfare of the Child are discussed. The measures that are currently in place for the protection of children who are in conflict with the law are examined with particular emphasis on those children that are arrested and detained. A comparison is drawn between the Children’s Act CAP [28:04] OF 1981, the Children’s Act 8 of 2009 and the South African Child Justice Act 75 of 2008 and the differences between the systems are highlighted. The provisions of the 2009 Act pertaining to children in conflict with the law are discussed in depth and shortfalls of the 2009 Children’s Act are identified. Diversion, as a form of correctional action, is discussed in light of international conventions. The provisions regarding the diversion of child offenders in the Child Justice Act are interrogated. Trial procedures under the 2009 Children’s Act are discussed and compared to those in South Africa including measures in place for the sentencing child offenders in both Botswana and South Africa. After an analysis of the international conventions, legislation and case law, the conclusion is reached that there is a commitment in Botswana towards the protectionand realization of children’s rights especially those who are in conflict with the law. It is recommended in the conclusions that Botswana import some provisions of the Child Justice Act into domestic legislation in order to comprehensively address the plight of children in trouble with the law so as to strive towards maximum compliance with conventions that Botswana has signed.
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Lam, Po-wan Debora. "Gender-bias in Hong Kong juvenile justice system." Click to view the E-thesis via HKUTO, 2000. http://sunzi.lib.hku.hk/hkuto/record/B42575539.
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Mourad, Mohammed. "L' indépendance de la justice au Maroc : contribution à l'étude du service public de la justice au Maroc." Clermont-Ferrand 1, 1985. http://www.theses.fr/1985CLF1D013.
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Gabriano, Gina. "The Determinants of Federal Spending for the Administration of Justice." Thesis, University of North Texas, 1998. https://digital.library.unt.edu/ark:/67531/metadc279395/.
Full textAbstract:
This study develops and empirically tests a model of the determinants of federal spending for crime-fighting policies. An inter-disciplinary approach to building the model is utilized that merges ideas from budgeting, policy analysis and criminology. Four factors hypothesized to impact federal spending for the administration of justice are operationalized as eight variables and tested using ordinary least squares regression analysis on time series data. The factors hypothesized to impact federal spending in this area are economic constraints imposed on government spending, the ideological makeup of Congress and the president, the actual crime rate, and the public's attitude toward crime. Five of the eight variables demonstrated statistical significance at the.10 level or better.
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Donley, Ryan Michelle. "Girls in the juvenile justice system." Huntington, WV : [Marshall University Libraries], 2007. http://www.marshall.edu/etd/descript.asp?ref=775.
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Kouchanou, Balbine Léa Modukpé. "Les rapports entre la justice étatique et la justice arbitrale : Etude comparative France-OHADA." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0011.
Full textAbstract:
L’arbitrage est un moyen de gestion de litige apprécié et privilégié par les acteurs du commerce international. Son bon fonctionnement dépend de la justice étatique. Ces deux appareils doivent entretenir un rapport tantôt fusionnel et tantôt concurrentiel. Le déroulement de cette relation peut réciproquement susciter des complications et de la méfiance. En France comme dans plusieurs autres États de l’Afrique subsaharienne, le juge étatique est le collaborateur de l’arbitre malgré l’envergure de leurs rapports. Ces États reconnaissent à la justice étatique son pouvoir explicite et implicite durant l’arbitrage. La présente recherche et étude aborde la mise en œuvre des compétences respectives attribuées à l’arbitre et au juge durant l’arbitrage. Afin d’accentuer et de pérenniser le bon déroulement de l’arbitrage en France et en Afrique francophone, cette étude s’est attardée sur la question de l’arbitrabilité et du développement économique. Après avoir énuméré des réalités freinant la floraison durable de l’arbitrage en Afrique, quelques solutions sont proposées pour le préserver de tout dysfonctionnementArbitration has been used to resolving cases appreciated by international trade actors. However, well-functioning depends upon state justice. Both devices should have maintain a fusional and competitive relationship. The unfolding of this relationship can reciprocally bring complications and mistrust. State judge is referee’s collaborator despite the spacing of reports in France and several other states in sub-Saharan Africa. These states recognize the explicit and implicit power of state justice during arbitration. This study approaches courts assigned to the arbitrator and judge during their challenge. In order to accentuate and sustain the smooth running of arbitration in France and Francophone Africa, this research has been focused on the issue of economic development. After listing realities hindering the flowering of arbitration in this part of Africa, some solutions have been proposed to preserve this method of dispute resolution of dysfunction
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Chan, Pui-yi. "The juvenile justice system in Hong Kong helpful or punitive? /." Click to view the E-thesis via HKUTO, 1988. http://sunzi.lib.hku.hk/hkuto/record/B31975240.
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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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Sivasubramaniam, Diane Psychology Faculty of Science UNSW. "Trust and power-distance: cross-cultural issues in juvenile justice conferencing." Awarded by:University of New South Wales. School of Psychology, 2005. http://handle.unsw.edu.au/1959.4/23404.
Full textAbstract:
Conferencing is a Restorative Justice practice operating in juvenile justice systems in Australia. Some conferences are convened by police, despite research demonstrating that ethnic minority youth often view police as biased or untrustworthy. Justice research in evaluative legal procedures indicates that perceived third party bias and outcomes delivered by a third party affect fairness judgments. Many disputants regard conferences as more fair than court. However, psychological mechanisms underlying fairness judgments in conferences, where offenders participate in outcome decisions, have not been directly investigated. This research program examined the effects of outcome and perceived convenor bias on procedural and distributive justice ratings in conferencing. Past research indicates that people high and low on Hofstede??s power-distance dimension differ in their emphases on outcome and third party bias when forming fairness judgments. This thesis investigated whether power-distance moderated the interactive effect of trust and outcome on fairness judgments in conferences. Study 1 established power-distance variation in a university sample, and similarity with a community sample on perceived police bias. Study 2 confirmed that high power-distance people who consider police biased against them may nonetheless choose to participate in police-convened conferences. Studies 3 and 4 extended previous research examining interactive effects of trust and outcome on justice judgments in evaluative procedures, investigating whether power-distance moderated this effect. No significant effects of power-distance and trust emerged, but the findings demonstrated the importance of outcome fairness (correspondence between outcomes and beliefs) in determining procedural justice. Studies 5, 6 and 7 extended this investigation to conferencing procedures. Studies 6 and 7 employed a computer-simulation, allowing participants to interact with a conference transcript and select outcomes, thereby investigating the effects of trust and power-distance on outcome choice, as well as the effects of trust, power-distance, and outcome on justice evaluations. Studies 5 and 6 were unsuccessful in manipulating bias by varying convenor identity (police versus civilian). Study 7 successfully manipulated bias according to convenor behaviour and revealed that third party bias in conferencing affected outcome choices but not fairness judgments. Results are discussed in terms of implications for culturally-relevant police practices, procedural justice theory and conferencing policy.
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Lubin, Cheryl Beth. "Courting the stage law, drama, and the performance of law /." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1621833951&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.
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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/.
Full textAbstract:
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/.
Full textAbstract:
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.