Tesis sobre el tema "Criminal justice interventions"
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1
Pycroft, Aaron. "Addiction and criminal justice interventions : a complex systems analysis". Thesis, University of Portsmouth, 2014. https://researchportal.port.ac.uk/portal/en/theses/addiction-and-criminal-justice-interventions(87a09af6-0c9e-4f37-9e62-1da5e1bcf1d4).html.
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The candidate’s interest in the field of addiction and criminal justice interventions stems from his experience as a practitioner and senior manager in substance misuse services over a 15 year period from 1989 until 2003. During this time he was involved in providing, managing and developing services for people with enduring and complex needs, of which involvement with the criminal justice system was a key feature. The candidate during this period was also involved in training professionals to work with addition and multiple complex needs, was an accredited practice teacher for social work and probation students, and involved in higher education teaching for the Schools of Social Work and the Faculty of Medicine at the University of Southampton. On having taken up a full time academic career in 2003 the publications which form the body of this submission both outline and analyse the candidates scholarship and research in conceptualising, research and teaching the evidence, ethics and outcomes of interventions to address addition within a context of complex and multiple needs. Central to this work has been the development of an applied social science perspective concerning the relevance and complexity theory to understanding addition as a complex adaptive system and the necessity of the whole systems approaches to providing a framework for policy formation, the management of service delivery and the practice of interventions. It will be argued that in the delivery of interventions to address addition, complexity theory challenges our ontological, epistemological and methodological assumptions of casual and linear relationships in the delivery, practice and outcomes from those interventions. It will also be argued that application of complexity theory represents a new heuristics for overcoming what we have been hitherto unabridged fault lines in social science methodologies.
2
Taylor, Holly. "Evaluating criminal justice interventions in the field of domestic violence : a realist approach". Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/5240/.
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This thesis evaluates the combination of two criminal justice interventions in the field of the domestic violence. The intervention, termed a Domestic Violence Court Advisory Service (DVCAS) throughout the thesis, comprises two elements –Independent Domestic Violence Advisers (IDVAs) and Specialist Domestic Violence Courts (SDVCs). Both initiatives were instituted in the wake of much criticism of the treatment of domestic violence in the Criminal Justice System (CJS). To date, however, there has been no rigorous evaluation of the combined efficacy of these initiatives – in particular, regarding their impact on the number of offenders brought to justice. This thesis examines how a DVCAS can increase the successful prosecution of domestic violence offences through increased victim participation, better court outcomes and a wide and varied use of sentencing options. The thesis highlights ‘what works and why’ in prosecuting domestic violence offences, and in so doing identifies a number of outcomes to suggest that certain practices in the police and CPS do not always support the DVCAS in achieving its aims, in particular, through ineffective investigations, inappropriate safeguarding responses and poor prosecution practices.
3
Dube, Paul. "The new security beat : an audit of interventions employed to protect young people at Westbank High School in Metro-South district of the Western Cape". Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/10353.
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Includes bibliographical references.All over the world, state police are but one actor within a hybrid policing field involved in the provision of security. Civil society can legitimately come together in either self-help schemes or by means of buying security to deal with feelings of insecurity. An area can therefore be subject to plural policing. This paper is an audit of security interventions implemented to protect learners enrolled at Westbank High School. Westbank High School is a high-risk school. Learners in schools suffer a double-blow because not only do they suffer from crime within the school walls but also outside the school walls. Two general questions emerge in this situation. The first being, what is being done by state and non-state actors about the problem of crime in and around schools? Secondly, how are school children being supported and protected against criminal activity in their respective schools?
4
Butler, Colleen. "Intercultural conflict styles in the criminal justice system and the implications for intercultural interventions". Scholarly Commons, 2010. https://scholarlycommons.pacific.edu/uop_etds/756.
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This thesis explored the communication and conflict style contrasts between criminal justice professionals and African American defendants that can interfere with the equitable administration of justice in the criminal justice system in Dane County, Wisconsin. The focus of this research was on the potential conflict style contrasts between criminal justice professionals and African Americans because the racial disparity in the incarceration rate was greatest for African Americans. This research project began from the premise that the racial incarceration rate disparity was caused in part by differences in cultural conflict and communication styles, and it explored the intersection of power differentials and cultural conflict and communication style differentials.
The study employed the Intercultural Conflict Style Inventory, courtroom observations, and two focus groups. One focus group was composed of professionals in the criminal justice system from Dane County, Wisconsin, and the other of African Americans who have been impacted negatively by this system. All findings were used to develop specific training recommendations to help criminal justice professionals to understand conflict and communication style preferences with the intention of decreasing the disparate treatment of members of the African American community.
The combined research strategies suggested that the primary culture of the criminal justice system was consistent with European American cultural preferences for low-context, direct, and emotionally restrained communication and conflict styles, which contrasts with the general preference of the African American culture for a more emotionally expressive engagement style. While this research did not specifically indicate that intercultural miscommunication directly impacts the equitable distribution of justice in Dane County, it did suggest that cultural contrasts may be one variable contributing to the inequitable distribution of justice.
5
Vijay, Sianne Diana. "The Impact of Criminal Justice Interventions and Social Policies on Family Violence: Theory and Evidence". Scholar Commons, 2016. http://scholarcommons.usf.edu/etd/6599.
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In 2014, the Child Protective Services received 3.6 million referrals alleging child abuse and neglect, of which, 702,000 children were victims of abuse and neglect and an estimated 1,580 children died due to maltreatment. In addition to this appalling toll, the welfare effects of child victimization are substantial. Evidence suggests that compared to demographically similar adults who were non-victims, adults with documented histories of maltreatment are more likely to engage in criminal behavior; have adverse mental and physical health problems such as depression, addiction and post-traumatic stress disorder; and have lower levels of education and earnings. These essays contribute toward the understanding of the consequences of two very distinctive policies – mandatory arrest and medical marijuana laws – and their impact on child maltreatment.
An important and controversial question in criminal justice policy concerns whether aggressive sanctions, such as mandatory arrest policies, serve as effective deterrents to familial violence. Chapter 1 provides a theoretical framework that models child abuse in which I allow for a strategic interaction between the child and his or her abuser. The comparative statics yield clear predictions of the impact of sanctions on child maltreatment – as the cost and probability of external interventions rise, the probability of violence falls. I follow this theoretical analysis with an empirical investigation of the impact of mandatory arrest policies on child victimization. I find a statistically significant and positive relationship between states that have implemented mandatory arrest laws and reported child maltreatment rates. This may seem surprising; however there are two explanations for the results. The likely explanation is that reporting of maltreatment increased in states mandating arrest; alternatively, recidivism may have increased in these states. Evidence from the OLS estimates for the reporting of abuse and child fatality rates (a proxy for the true incidence of child abuse), demonstrates that the increase in maltreatment is not due to recidivism but, in fact, more people reporting abuse to the police and Child Protective Services. The most important result that emerges from the data, however, is that while reported abuse increases in states with mandatory arrest laws, the true incidence of maltreatment actually falls. The ultimate goal of this paper is to stimulate further theoretical and empirical research that focuses on child abuse and prevention, thus enhancing an understanding of how sanctions influence child victimization.
The next chapter looks at one potential risk factor for child maltreatment –marijuana use and liberalization –using evidence from medical marijuana laws (MMLs). Chapter 2 begins by extending the current MML-crime literature by providing a comprehensive evaluation of the impact of MMLs implemented at the state level on reported child victimization rates. I show that specific modes of medical marijuana regulation differentially influence the magnitude of reported incidences of child abuse, a finding which sheds new light on the current literature. More specifically, using fixed effects analysis applied to data from the National Child Abuse and Neglect Database System (NCANDS) and the Uniform Crime Reports (UCR), I show that states that allow for home cultivation in addition to decriminalizing its use see a further increase in the magnitude of reported incidences of child maltreatment rates.
Since completing my dissertation, I have continued to investigate into issues that have implications for both theory and practice in my field. To that extent, I plan to analyze the slowly developing public sphere –a platform where culture and social change rely on both media and conversation.
6
Lugano, Geoffrey. "Politicization of international criminal interventions and the impasse of transitional justice : a comparative study of Uganda and Kenya". Thesis, University of Warwick, 2018. http://wrap.warwick.ac.uk/107732/.
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Since the International Criminal Court’s (ICC) establishment in 2002, its interventions in African situations have produced a mix of results. Whereas many observers have hailed the ICC’s forays onto the continent for expanding the avenues of justice for mass atrocities, there are also political connotations to some of its interventions, as evidenced in narratives of selectivity and neo-colonialism. Building on the latter impacts of the Court’s interventions in Africa, this thesis seeks to discern the shape of local/regional uptake of international criminal justice (ICJ). This follows from contrasting the ICC’s qualification as a moral agent in the global war on impunity for international crimes, with domestic political translations of the Court’s interventions and subsequent collective action at local and regional levels. Thus, the principal argument from this thesis is that contextual normative adaptions produce global-local exchanges that result in viable conditions under which the ICC’s interventions are politicized, to the detriment of its investigative activities and legacy in situation countries. More specifically, elite level exchanges in sub-national, national, regional and international realms produce blends of local and global realities, resulting into the ICC’s exposure to politicization. These findings are instructive for wider debates on the subtle ways in which the ICC is undermined (rather than outright defiance), with spiralling effects on long term peace-building and other regional contexts. In discerning the aforementioned conclusions, I asked the simple research questions: (1) why and how is an ostensibly international legal response to heinous crimes susceptible to (mis)appropriation and subversion by domestic political elites? (2) what are the far-reaching consequences of politicizing the ICC’s interventions on creating conditions for lasting peace in fragile societies? Given the duality of the ICC’s politicization – through (mis)appropriation and subversion, the thesis adopted a comparative study of Uganda and Kenya, which exemplify the two forms of domestic translations of ICJ. The thesis employed a qualitative methodological approach that drew upon secondary data sources, as well as primary data collected through personal key informant interviews in the Netherlands, Uganda and Kenya, with ICC officials, politicians, government officials, representatives of local and international organizations and affected communities. Some of the secondary data sources include: journal articles, media reports, government documents, books, online sources, legal instruments, the ICC’s documents and official speeches. The data collected was analyzed through grounded theory, in which evidence collected raised new sub-questions for further interrogation. All available evidence was then triangulated to develop a critical analysis of the research questions posed. Conceptually, I built on three interrelated concepts (the ICC’s projection of a moral universe, the narrative lens and spatial hierarchies) to discern the ICJ norm diffusion in local/regional contexts. The thesis concludes that the various forms of political resistance to the ICC have pernicious effects on peace-building beyond national boundaries. Perhaps, a greater degree of the Court’s acceptance will be driven by its proactive steps towards the universality of justice, whose absence partly informed the construction of narratives on some of its foremost interventions in Africa.
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Phillips, Bailey A. "Interventions for formerly incarcerated adult populations and their impact on recidivism: A scoping review about re-entry interventions". The Ohio State University, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=osu1619128857497913.
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Barrett, Barbara. "Developing methods for the economic evaluation of criminal justice interventions : application to the UK dangerous and severe personality disorder programme". Thesis, King's College London (University of London), 2009. https://kclpure.kcl.ac.uk/portal/en/theses/developing-methods-for-the-economic-evaluation-of-criminal-justice-interventions(9f757bdf-47c0-445a-995b-566b09cde925).html.
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Martin, Lee. "An Intersectional Approach to Earlier Interventions within the Criminal Justice System in the UK : An Analysis of Two Governmental Documents". Thesis, Linköpings universitet, Tema Genus, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-157738.
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This thesis seeks to explore how two governmental documents discuss earlier preventions of criminality. The two documents analyzed are the Female Offender Strategy and The Government’s Approach to Crime Prevention. The first of these documents main aim is to provide a more gender sensitive approach to the criminal justice system within the United Kingdom and the latter document does not explicitly differ between the genders. The analysis will be carried out with the use of feminist pathways theory and through an intersectional lens, in order to demonstrate how the two documents discuss earlier prevention of criminality. By utilizing the methodology of What’s the Problem Represented to be (WPR) the aim is to demonstrate who benefits from the documents and who is relegated to the sidelines. Neither of the two documents demonstrate a strategy or policy which takes into account the many varying identities which exist amongst the inmate population of the criminal justice system.
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Briscoe, Suzanne Marie Social Science & Policy UNSW. "Deterrence, punishment severity and drink-driving". Awarded by:University of New South Wales. Social Science and Policy, 2005. http://handle.unsw.edu.au/1959.4/23442.
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This thesis tests one of the major propositions of deterrence theory: that increases in the severity of punishment can reduce the likelihood of offending. To this end, a case study in which the statutory penalties were doubled for almost all drink-driving offences in New South Wales, Australia, is examined. Two quasi-experimental studies were undertaken to assess the impact of these legislative changes: an interrupted time-series analysis of road crash rates (Study 1) and an analysis of drink-driving reoffending rates before and after the penalty changes were implemented (Study 2). Study 1 showed a significant increase in a surrogate measure of alcohol-related road crashes after the tougher drink-driving penalties were introduced. Further analyses suggested that this increase was driven primarily by a secular rise in non alcohol-related crashes that coincided with the policy???s implementation. Two possible conclusions about the deterrent effect of the policy are drawn from these findings: (1) that there was a reduction in alcohol-related road crashes which was overwhelmed by the rise in non alcohol-related crashes occurring around the same time or (2) that there was no change in crash rates. Study 2 found that drink-drivers who were convicted under the new penalty regime were less likely, and took longer, to reoffend than drink-drivers convicted before the introduction of the new penalties. This reduction in reoffending was only apparent for drink-drivers residing in country and regional areas and was small in magnitude.These latter findings are consistent with the possibility that the penalty changes coincided with a reduction in alcohol-related crashes but suggest that any decrease is likely to have been relatively small. A third study using a scenario-based survey methodology was also undertaken to examine the relationship between legal sanctions and willingness to drink-drive, controlling for other factors. The results of this study showed that participants who were more knowledgeable about drink-driving penalties were less likely to state that they would offend in the drink-driving scenario than participants who were less knowledgeable about the law. The implications of these findings for deterrence theory and criminal justice policy are discussed.
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Simon, Jason E. "Effects of Multimodal Police and Community Development Interventions on Violent Crime in a Target Area of Youngstown, Ohio". Youngstown State University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1577807036428137.
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Bebawy, Nadia A. "The Combined Effects of Criminal Justice Intervention on Domestic Violence: A Re-Analysis of the Minneapolis Intervention Project". [Johnson City, Tenn. : East Tennessee State University], 2003. http://etd-submit.etsu.edu/etd/theses/available/etd-0702103-233910/unrestricted/BebawyN07172003f.pdf.
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Thesis (M.A.)--East Tennessee State University, 2003.Title from electronic submission form. ETSU ETD database URN: etd-0702103-233910. Includes bibliographical references. Also available via Internet at the UMI web site.
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Taylor, Drew. ""We Are All Collateral Damage": Understanding Nuclear Family Members' Experiences of Criminal Justice Intervention". Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40409.
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Historically, “offender”-focused discourses have dominated the field of criminology while overlooking those family members who become subject to justice intervention by virtue of their familial bonds. In this qualitative study, unstructured interviews were conducted with eight nuclear family members of criminalized persons in Ontario and Quebec. Participant accounts reveal that the interviewed family members self-imposed significant moral and legal responsibilities for their relatives following criminal justice intervention and simultaneously experienced negative role re-evaluation driven by feelings of guilt, failure, and self-blame. Participants’ inherent lack of control over their criminalized relatives’ behaviours and the criminal justice system’s decisions exacerbate negative impacts of criminalization on non-criminalized relatives’ self-concepts. This lack of control increases the stress of criminal justice intervention while straining family resources. When relatives are justice-involved for prolonged period, the family becomes stuck in a constant state of stress and uncertainty, which may have lasting consequences on the family if left unmanaged. Criminal justice intervention as a disruptive event then reconfigures the family in ways that often leave lasting impacts on nuclear family relationships.
This thesis engages with Boss’ (1999, 2006) theory of Ambiguous Loss to analyze participants’ experiences and demonstrate the consequences of criminalization on various nuclear family members in a Canadian context. To mitigate certain limitations of Boss’ (1999, 2006) theory, criminal justice intervention is first defined as a disruptive event that transforms family members’ known realities into threatening and uncertain environments. This thesis then explores the stress and strain that justice intervention places upon the family and applies the theory of Ambiguous Loss to understand criminalization as a source of ambiguous loss. Further, this thesis expands the scope of Boss’ (1999) theory beyond the experiences of certain populations (i.e. children of incarcerated parents) and discovers the limitations of this theory in the context of criminological research. It also opens the door for future research to apply this theory to criminalized populations.
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Higgs, Bryn. "The International Criminal Court’s intervention in the Lord’s Resistance Army war: impacts and implications". Thesis, University of Bradford, 2016. http://hdl.handle.net/10454/12741.
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This thesis argues that the International Criminal Court (ICC) brings a new more deontological paradigm to international interventions, founded upon the universal application of legal principle, and displacing consequentialist notions of justice linked to human rights. Based upon the Court’s Statute and mode of operations, it is argued that this is associated with assumptions concerning the ICC’s primacy, military enforcement, and theory of change. The consequences of this development in volatile contexts are demonstrated.
The case study, founded upon analysis from the war-affected community, examines the impact of the International Criminal Court in the Lord’s Resistance Army war, and reveals the relationship between criminal justice enforcement, and community priorities for peace and human rights. On the basis of evidence, and contrary to narratives repeated but unsubstantiated in the literature, it demonstrates that in this case these two imperatives were in opposition to one another. The Court’s pursuit of retributive legal principle was detrimental to the community’s interests in peace and human rights. The subsequent failure of the ICC’s review process to interrogate this important issue is also established.
The research establishes that statutory and operational assumptions upon which Court interventions are based do not hold in volatile contexts. For the case study community and elsewhere, this has had adverse impacts, with significant implications for the ICC. The findings indicate that if these issues are not fundamentally addressed, principled international criminal justice enforcement in volatile environments will continue to have profoundly negative human rights consequences.
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Aitchison, Andrew S. "Making the transition : international intervention, state-building and criminal justice reform in Bosnia and Herzegovina, 1995-2005". Thesis, Cardiff University, 2007. http://orca.cf.ac.uk/55701/.
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This thesis explores ten years of international intervention in criminal justice reform in Bosnia and Herzegovina (BiH) from 1995 to 2005. BiH is taken as an example of a country undergoing multiple transitions following its secession from the Socialist Federal Republic of Yugoslavia: through conflict to peace from authoritarian government to democratic multi party government and from a particular model of a socialist command economy to a more open, market oriented economy. An account is given of the state of three criminal justice sectors (policing, criminal courts, and prisons) as they emerge from a period of authoritarian, socialist government and from a period of violent conflict. Subsequently reform oriented interventions carried out by a range of international actors, including some with executive power within BiH, are examined for evidence of the role of criminal justice reform in state-building exercises and the impact of the demands of state-building objectives upon different criminal justice sectors. The thesis looks at the work of the United Nations, the European Union, the Council of Europe, the UK Department for International Development, and the Office of the High Representative and its associated bodies in the various sectors where they have been active. The different resources on which they can draw, and their particular working methods, are discussed in an examination of their interaction with the specific local policy context of BiH and its multiple levels and institutions of government. Given the presence of policy actors from around the globe, consideration is given to the question of whether this facilitates policy transfer, legal transplants, or lesson drawing. Potential examples of such borrowing are examined, showing that borrowing in a context of multi-national intervention can allow for the mixing of internationally and domestically derived models of procedure and practice.
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Ritzman, Matthew Elwood. "Human Resource Professionals and Workplace Bullying: A Systems Approach to Performance Improvement Intervention in Criminal Justice Agencies". University of Toledo / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=toledo1415354439.
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Higgs, Bryn. "The International Criminal Court's intervention in the Lord's Resistance Army war : impacts and implications". Thesis, University of Bradford, 2016. http://hdl.handle.net/10454/12741.
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This thesis argues that the International Criminal Court (ICC) brings a new more deontological paradigm to international interventions, founded upon the universal application of legal principle, and displacing consequentialist notions of justice linked to human rights. Based upon the Court’s Statute and mode of operations, it is argued that this is associated with assumptions concerning the ICC’s primacy, military enforcement, and theory of change. The consequences of this development in volatile contexts are demonstrated. The case study, founded upon analysis from the war-affected community, examines the impact of the International Criminal Court in the Lord’s Resistance Army war, and reveals the relationship between criminal justice enforcement, and community priorities for peace and human rights. On the basis of evidence, and contrary to narratives repeated but unsubstantiated in the literature, it demonstrates that in this case these two imperatives were in opposition to one another. The Court’s pursuit of retributive legal principle was detrimental to the community’s interests in peace and human rights. The subsequent failure of the ICC’s review process to interrogate this important issue is also established. The research establishes that statutory and operational assumptions upon which Court interventions are based do not hold in volatile contexts. For the case study community and elsewhere, this has had adverse impacts, with significant implications for the ICC. The findings indicate that if these issues are not fundamentally addressed, principled international criminal justice enforcement in volatile environments will continue to have profoundly negative human rights consequences.
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Payne, Tamika L. "Domestic Violence Recidivism: Restorative Justice Intervention Programs for First-Time Domestic Violence Offenders". ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3819.
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Domestic violence impacts millions of Americans annually and, in spite of the use of rehabilitative programs, recidivism in domestic violence continues to be more likely than in any other offense. To date, batterer intervention programs (BIPs) have not proven to be consistently impactful in reducing recidivism in cases of domestic violence. The purpose of this quasi-experimental, quantitative study was to examine differences in recidivism for first-time male domestic violence offenders who have participated in a BIP and a more recently developed alternative: victim-offender mediation (VOM). The theories of restorative justice and reintegrative shaming frame this study to determine if offenders take accountability for their actions and face the victim in mediation, there can be a reduction in recidivism. Archival data from records of first-time male, domestic violence offenders, between the ages of 18 and 30, who participated in either a VOM or BIP in a county in the Midwest were examined for recidivism 24-months postintervention, and analyzed with an ANCOVA analysis while controlling for age. The findings revealed no significant difference in recidivism for first-time male offenders 24-months post participation in a BIP or a VOM intervention while controlling for age F (1,109) =.081, p = .777. The findings provide support for the notion that restorative justice interventions may be an additional intervention used in cases of domestic violence deemed appropriate for the intervention. The findings from this study can add to the body of research examining interventions to address the high recidivism in cases of domestic violence, which impacts victims, offenders, and communities.
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Kituku, Carolene. "International criminal court Proprio motu intervention where a truth commission exists: the Kenyan situation". Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8300_1363781834.
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Kenya&rsquo
s December 2007 Presidential elections sparked a wave of violent clashes over allegations of election rigging. The protests broke out along ethnic lines, causing greater civil unrest. There have been allegations that during these outbreaks of violence crimes against humanity were committed. This violence attracted world-wide concern and was universally condemned. Kenya is loathe to prosecute the perpetrators or those who bear the highest responsibility for the alleged commission of crimes against humanity. It has instead established a national investigatory mechanism, the Kenyan Truth, Justice and Reconciliation Commission (hereafter TJRC). This approach adopted by Kenya has been criticized for the fact that it fosters a culture of impunity. However, the Prosecutor of International Criminal Court (hereafter ICC) has used his proprio motu powers to initiate an investigation of alleged commission of crimes that fall within the jurisdiction of the Court. This research paper has analysed the reasons for the proprio motu intervention of the ICC in Kenyan situation. It also examined whether Kenya was unwilling or genuinely unable to prosecute the perpetrators of the post-election violence of 2007. Furthermore, the paper
evaluated the provisions of the Kenyan TJRC, the major shortcomings of the Commission and the challenges it is facing in fulfilling its mandate. In conclusion the paper analysed the relationship between TJRC and ICC and re-evaluate any role that the two bodies could play in dispensing justice in Kenya. But before that, the paper laid down the factual
background that led to the proprio motu interevention of the ICC in Kenya where a truth commission had alreday been established.
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Kenne, Deric R. "Examination of Thinking Error and the Responsivity Principle in a Cognitive-Behavioral Intervention for Offenders: Implications for Criminal Justice Policy". University of Akron / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=akron1289309592.
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Livingston, Lauren. "Domestic Violence: The Psychology Behind Male Battery and the Future of Batterer Intervention Programs". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1788.
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In this paper, we try to understand the high prevalence rates of domestic violence in the United States. Using the history behind domestic violence, the psychology behind male batterers and batterer intervention programs we discover solutions to help reduce battery recidivism rates. An analysis of the criminal justice system regarding police intervention and Family Court result in future policy implications. In addition, the proposed solutions are creating lasting impact in either batterer intervention programs or policies. Lastly, policy and future implications are discussed without reducing batterer responsibility.
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Leili, Jennifer A. "Bystander Intervention, Victimization, and Routine Activities Theory: An Examination of Feminist Routine Activities Theory in Cyber Space". Scholar Commons, 2019. https://scholarcommons.usf.edu/etd/7843.
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Routine Activities Theory (RAT) is one of the most widely used theories to explain victimization. It has been applied to a wide range of criminal victimizations, such as property crimes (Miethe, Stafford, & Long, 1987) and urban murder (Messner & Tardiff, 1985). While traditional RAT has been used to explain violence against women, the feminist perspective of RAT developed by Schwartz and Pitts (1995) provides a better explanation by incorporating cultural factors that shape the conditions that give rise to offending. The current study draws on feminist RAT in order to explore three different types of victimization involving women: stalking, dating violence and sexual violence.
In doing so, the current study extends the RAT and feminist RAT literature by more thoroughly exploring what it means to be a capable guardian and by incorporating literature on bystander intervention. Though bystander intervention literature and feminist RAT literature are similar in that they view people as having the ability to prevent violence and crime, the two areas have developed relatively separately and have rarely been integrated together. In addition to expanding the literature on RAT, this study also contributes to the bystander intervention literature by analyzing willingness to intervene in three types of cyber violence against women. Though bystander intervention research has greatly expanded throughout the years, research involving intervention into cyber stalking, cyber dating violence, and cyber sexual violence/harassment are greatly lacking. The current study employed a web based survey to assess bystander intervention in cyber violence and expand feminist and cyber RAT by analyzing victimization. College students were asked to judge their likelihood of intervention in situations involving potential dating violence, sexual harassment, and stalking. In addition, they were asked about their routine activities and components related to the theory, as well as dating violence, sexual violence and stalking victimization. Unsurprisingly, students preferred to intervene in a direct manner. In addition, there were inconsistent findings regarding victimization and routine activities theory. The results of the study are discussed in terms of implications for the development of bystander intervention programs and will expand the feminist RAT literature.
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Hymon, Drema Ann. "Use of Force Citizen Complaints, Use of Force Violations, and Early Intervention". ScholarWorks, 2020. https://scholarworks.waldenu.edu/dissertations/7875.
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Abstract
Mounting public protests, increasing expensive payouts, and shootings of unarmed victims by police is a call to reexamine options to problem solving, service recovery, and preventing police misconduct as it pertains to the use of force. The purpose of this quantitative study was to examine the correlation between early intervention system data
(a) use of force, citizens' complaints (race and gender), and use of force violations (race, gender, and years of service for officers). The disruptive theoretical framework provided an innovative lens to examine police misconduct of a large midwestern large law enforcement agency. This secondary data study did not find significant relationships between stated variables using chi-square analyses. Although consistent with other studies, males were found likely victims of excessive use of force (X2 = 114.093, p =.000) using multiple regression. By expanding the characteristics of basic variables based on a (use of force) continuum model, the data can be treated as a disruptor with potential to reach maintenance or high productivity and sustainability. The fields of healthcare and education have made strides using this model, and this model may also add to the existing knowledge to create greater transparency, service recovery, and policy modification needed to reduce the use of force police misconduct. As society changes with varying political mandates, public opinions and technological communications, it is apparent that law enforcement must also continually improve efforts to enhance accountability and transparency relating to the use of force
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Dzoba, Nicholas. "Investigating Mentors' Perceptions Of The Effectiveness Of Using Resiliency-Building Strategies Within An At-Risk Adolescent Intervention Program". UNF Digital Commons, 2014. http://digitalcommons.unf.edu/etd/488.
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This research study seeks to enhance previous mentoring literature (Converse & Lignugaris, 2008; Cavell, Elledge, Malcolm, & Faith, 2009; Devenport & Lane, 2009) by further identifying the strategies and skills which help mentors form quality relationships and ultimately impact the resilience of at-risk adolescent mentees. Specifically, this study investigates volunteer mentors’ perceptions of incorporating the positive coping strategies of active listening, emotional regulation, conflict resolution, and future orientation within the initial stages of the mentoring process. Participants in this study are divided into two groups: the Coping Strategies (CS) Group and the Untrained Group (UG). The CS Group mentors have been individually trained to use the aforementioned coping strategies prior to being matched with mentees. The Untrained Group consists of mentors who received no formal training. Semi-structured interviews, which were conducted between three and four months into each mentoring relationship, reveal that focusing on relationship building and creating a level of comfort and trust with mentees were viewed by mentors from both groups as the paramount objectives during these beginning stages. Active listening is identified by a majority of participants as crucial for establishing a connection between mentor and mentee, building trust within the relationship, and engendering meaningful dialogue during beginning mentor sessions. Ultimately, this study finds that active listening training can be useful for helping mentors establish the foundation for a quality mentoring relationship, as well as for the use of additional coping strategies.
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Marques, Renan do Vale Melo. "Crimes tributários à luz do conceito de bem jurídico penal e do princípio da intervenção mínima: criminalização ou descriminalização?" Universidade Federal da Paraíba, 2011. http://tede.biblioteca.ufpb.br:8080/handle/tede/4368.
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Previous issue date: 2011-11-28Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
The present dissertation besides being a prerequisite for obtaining a master's degree in Economic Law has the principal objective to analyze the tax crimes in Brazil. The dissertation was done under the legal concept of criminal law and under the minimum intervention principle. For this, I examined the effect economic globalization has caused in the field of postmodernist criminal science, which resulted in the expansion of criminal law. This expansion, further intensified by globalization, increased the protection of individual rights under the penal code, including in criminal tax cases. In addition, we sought to establish what a just penal criminal right should be, being that a Penal Right should strictly protect relevant judicial rights, and may not be used for other purposes such as, for example, charging unnecessary taxes. Still, we tried to address the principle of minimum intervention and its consequences in criminal science, especially in the field of tax offenses. We also analyzed whether or not legal tax rights are legitimized under Criminal Tax Law.; when analyzed through the prism of the legal concept of criminal law and the principle of minimum intervention, and then tried to demonstrate that the Criminal Law in this area, is used a distorted form, in so far as it seeks only to impose a duty to taxpayers to pay taxes. Finally, we present some alternative solutions to the process of decriminalization of conduct that are now tax crimes, because it was found that such crimes are not compatible with the notion of a criminal law aimed at protecting legal rights and the principle of intervention minimal.
A presente dissertação, pressuposto para a obtenção do título de mestre em Direito Econômico, teve o objetivo de analisar os crimes tributários no Brasil à luz da noção de bem jurídico penal e do princípio da intervenção mínima. Para isso, foi analisado o efeito que o processo de globalização da economia gerou no domínio da ciência penal do pós-modernismo, ocasionando o que ficou denominado de a expansão do direito penal. Foi nesse novo cenário, descortinado pela intensificação da globalização, que ganhou destaque a tutela penal de bens jurídicos supraindividuais, onde se inserem os crimes tributários. Além disso, procurou-se analisar a noção do que deve ser um bem jurídico penal, bem como que o Direito Penal deve ter por meta proteger bens jurídicos relevantes, não podendo ser utilizado para outras finalidades como, por exemplo, cobrar tributos. Ainda, buscou-se enfrentar o princípio da intervenção mínima e seus desdobramentos no âmbito da ciência penal, especialmente no campo dos delitos fiscais. Por outro lado, foi feita uma análise a respeito da legitimação ou não do chamado Direito Penal Tributário, quando analisado sob o prisma do conceito de bem jurídico penal e do princípio da intervenção mínima, quando, então, procurou-se demonstrar que o Direito Penal, nesse domínio, é utilizado de forma desvirtuada, na medida em que visa tão somente impor aos contribuintes o dever de pagar tributos. Por fim, foram apontadas algumas soluções alternativas para o processo de descriminalização das condutas que hoje são consideradas crimes tributários, porquanto foi constatado que tais crimes não se compatibilizam com a noção de um Direito Penal voltado à proteção de bens jurídicos e com o princípio da intervenção mínima.
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Barclay, Elaine Marie. "Domestic Violence Intervention Program Facilitators' Motivation for Working With Repeat Offenders". ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/3018.
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Domestic violence (DV) rehabilitative program facilitators administer the same treatment programs to males who reoffend. When DV facilitators administer the same unsuccessful treatment programs to repeat offenders, facilitators may lose intrinsic and extrinsic motivation to perform their job. For this study a hermeneutic phenomenological methodology approach was used to explore the phenomenon of DV facilitators' motivation. Self-determination theory was used to frame the influence of intrinsic and extrinsic motivation on DV facilitators who administer treatment programs to repeat offending males. A recruitment flyer was placed in the DV organization, data were collected from 7 participants through face-to-face or telephone interviews that were 18 years of age, proficient English speaking, actively facilitating DV treatment programs to repeat offending males, and employed with the DV organization. Data were transcribed and coded using open and axial coding, and analyzed for themes. Findings indicated that accountability, intrinsic motivation, and commitment influenced DV facilitators when administering programs to repeat offenders. Social change implications include awareness of perceived laissez-faire criminal justice policy towards DV male offenders and the lack of community support of challenges and opportunities for enhancing motivation for DV program facilitators.
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Bommer, Felix. "Offensive Verletztenrechte im Strafprozess /". Bern : Stämpfli, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/50379712X.pdf.
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Vlaszof, Nora. "Motivations to Return to a Gang After Severe Physical Victimization". ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4688.
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Abstract
Gang violence is a social concern because of the risks of victimization among gang members and their communities. Many gang members have been victims of gang violence, and some choose to remain involved with their gang even after being victimized. Researchers have explored why people join gangs, but less is known regarding the gang-victimization link, which is the focus of this study. Social bond theory guided the study's research question on the motivation of gang members to rejoin their gang after severe physical victimization. A multiple case study design was employed with a purposeful sample of six English-speaking men, ages 20-50 years, who identified as current or former gang members and who experienced severe physical victimization in the gang. Semistructured interviews were conducted to gain a better understanding of study participants' motivation for returning to their gangs after severe physical victimization. Thematic content analysis was employed to identify patterns and emerging themes in the data. Key findings were that behaviors and beliefs of gang violence victims are similar to those of domestic violence victims, and the importance of the bond among members is greater than the importance of the victimization. The study findings and implications are far reaching as this knowledge can serve as the staging point for interventions by social work practitioners, policy makers, and activists as they seek to develop effective programs for gang members. Study results contribute to positive social change by providing a better understanding of gang members' thinking and motivation and helping to inform efforts to discourage gang members from returning to gang life.
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Magers, Megan. "A Mixed-Methods Approach to Examining the Memphis Crisis Intervention Team (CIT) Model: An exploratory study of program effectiveness and institutionalization processes". Doctoral diss., University of Central Florida, 2013. http://digital.library.ucf.edu/cdm/ref/collection/ETD/id/5811.
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The present study utilized a mixed-methods strategy to examine the effectiveness, diffusion, and institutionalization of the Memphis Crisis Intervention Team (CIT) model. To evaluate the effectiveness of the training component of the CIT model, a panel research design was employed in which a sample of 179 law enforcement officers and 100 correctional officers in nine Florida counties were surveyed on the first day of training (pretest), the last day of training (posttest), and one month following their completion of CIT training (follow-up). These surveys measured the extent to which CIT training achieved several officer-level objectives, including increased knowledge of mental illness and the mental health referral process, improved self-efficacy when responding to mental health crises, and enhanced perceptions of verbal de-escalation skills, mental health services in the community, and the mental health referral process. The results of these surveys revealed officers experienced a statistically significant increase on every measure of training effectiveness between the pretest and posttest data collection points. However, a significant decline was found among the 117 officers that responded to the follow-up survey on the measures associated with self-efficacy and perceptions of verbal de-escalation, which points to a measurable decay in the effectiveness of the training in the intermediate timeframe with regard to these two measures. To examine the extent to which the diffusion of the CIT model resembles a social movement in the field of criminal justice and to explore the impact of CIT institutionalization on the organizational structure of criminal justice agencies, an online survey was distributed to 33 representatives of law enforcement and correctional agencies known to participate in the CIT program in the nine Florida counties in which officers were surveyed. The results of this survey indicate interagency communication and external pressure from mental health providers and advocates largely contribute to the decision of criminal justice agencies to adopt the CIT model. In addition, the findings of this survey suggest criminal justice agencies modify their organizational structure in a number of different ways to internalize and institutionalize the CIT model. By coupling a training program evaluation with an assessment of diffusion and institutionalization, this study makes a unique contribution to organizational and evidence-based literature.Ph.D.
Doctorate
Dean's Office, Health and Public Affairs
Health and Public Affairs
Public Affairs; Criminal Justice
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Cosimo, S. Deborah. "The Impact of Legal Sanctions on Recidivism Rates among Male Perpetrators of Domestic Violence". Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc12106/.
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Using a Cox proportional hazards regression model, this dissertation explores three factors currently not addressed in the literature on men who batter women and who are court ordered to participate in a battering intervention program. These factors are the cumulative effects of civil and criminal legal sanctions (dose-response of sanctions) for domestic violence related offenses on recidivism, reduced opportunities to recidivate, and whether the number of legal sanctions imposed has an effect on how long a man maintains his non-recidivism status. Because one domestic violence case may involve multiple sanctions, this study uses the Legal Sanction Dose-Response Index to gauge the cumulative impact of civil and criminal sanctions upon recidivism of domestic violence. The Cox proportional hazards model indicates that the risk of recidivism is 45% lower for men who experienced two legal sanctions (typically arrest and probation) in response to the index case, relative to men who experienced one legal sanction (typically civil protective order). In other words, those with two legal sanctions are able to maintain their non-recidivism status longer relative to those with one sanction. Men with prior criminal court involvement for domestic violence related offenses are more likely to recidivate. Additionally, rather than incarceration reducing opportunities to recidivate, this study finds that incarceration for any offenses committed during the follow-up period is a predictor of recidivism of domestic violence related offenses. It is possible that, rather than incarceration reducing opportunities, recidivists are persistent and use whatever opportunities are available to them to commit domestic violence, despite legal sanctions.
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Leonardi, Rebecca Jean. "Paws for Progress : the development and evaluation of the first prison based dog training programme in the UK". Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/25452.
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The most common type of human animal interaction (HAI) programme used in prisons involves prisoners caring for and training unwanted dogs from rescue shelters, to prepare the dogs for rehoming. Such programmes have been previously developed specifically aimed towards male young offenders, and are claimed to improve emotional, social and practical outcomes. Paws for Progress, the first prison based dog training programme in the UK, was introduced to HM YOI Polmont in 2011. By clearly communicating each step of the 5 Step approach (1. Identify the problem; 2. Review the evidence; 3. Develop a logic model; 4. Identify indicators and monitor the logic model; 5. Evaluate the logic model), it has enhanced our understanding of the development processes required for effective prison based dog training programmes. This evaluation provides the first comprehensive quantitative analysis of short, medium and long term outcomes for Scottish young offenders serving custodial sentences (N = 70) following participation. The aims of Paws for Progress are to improve behaviour, increase engagement in education, develop employability skills, and enhance well-being. Using a mixed design with two control groups and triangulating quantitative and qualitative outcomes, the evaluation assesses the efficacy of the programme in meeting these aims. Systematic analyses of semi-structured interviews pre and post participation in the programme support findings from the quantitative analyses. Analyses of institutional behaviour, measured by Disciplinary Reports, educational progress measured by written assessments and qualifications, employability skills measured by psychometric tests, and prisoner well-being all improved for participants, but such improvements were not shown by control groups. Paws for Progress positively impacts short and medium term outcomes and data on longer term outcomes also indicate the benefits are far reaching. By clearly relating programme aims to the outcomes achieved, and considering the contribution of Paws for Progress to future desistance from crime, the value and relevance of these findings are evident. The evaluation contributes to our understanding of effective methodologies in this applied context, which can be utilised to improve research practice in interventions in criminal justice and in human animal interaction.
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Josi, Don Allen. "Empirical analysis and evaluation of the California Department of Youth Authority's post parole substance abuse treatment program: El Centro, California". CSUSB ScholarWorks, 1992. https://scholarworks.lib.csusb.edu/etd-project/612.
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Viljoen, Charmell S. "Secondary victimisation in the court procedures of rape cases : an analysis of four court cases". Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53584.
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Thesis (MPhil)--Stellenbosch University, 2003.ENGLISH ABSTRACT: Violence against women is a serious offence. Emotional and physical abuse can happen to our daughters, sisters and wives. Rape is a form of violence against women. It violates a woman's privacy, dignity and it makes her feel as if she has lost control. The criminal justice system is there to protect the citizens of a country and this protection should extend to women when they have been violated. The criminal justice system has different structures, for example the courts, medical services and police services. The staff of the criminal justice process do not have an inherent duty to care about rape survivors but they can be trained to treat survivors with consideration and sympathy to counteract the effects of the rape and secondary victimization experienced by rape survivors. It is important that there are guidelines for the staff of the criminal justice system to assist them in rape cases. This thesis explores whether women experience secondary victimisation during court proceedings. To assess whether it occurs, court transcripts were analysed with a focus placed on the background of the court case and the verdicts of the judges. Findings indicate that secondary victimisation do occur during court cases. Rape survivors feel as if they are on trial and not the rapist. Survivors furthermore believe that they will have to live with the label that they had been raped and humiliated. The thesis recommends that officials of the criminal justice process should receive extensive training, and looks at the Sexual Offences Court in Wynberg as an example of an improved system for rape survivors. It is recommended that the procedures of the Sexual Offences Court should be evaluated on a regular basis to address secondary victimisation problems that may persist. Communication is very important during the rape trial. The rape survivor has to be informed about her case and about the location of the rapist at all times.
AFRIKAANSE OPSOMMING: Geweld teen vroue is 'n ernstige oortreding wat plaasvind in ons samelewing. Emosionele en fisiese geweld kan gebeur met ons dogters, vroue en susters. Hierdie vorm van geweld laat vroue voel asof hulle beheer verloor oor hulle lewens en dit het ook 'n impak op hul self respek en selfbeeld. Die Kriminele Sisteem van Suid Afrika is daar om die belange van sy inwoners te beskerm. Dit het verskillende afdelings byvoorbeeld, die mediese dienste, die polisie en die hof verrigtinge. Die lede van die Kriminele Sisteem werk met verskillende individue wat voel dat die hof die uitweg sal wees wat geregtigheid sal laat geskied. Die lede van die Kriminele Sisteem het nie 'n persoonlike verantwoordelikheid teenoor die verkragtings oorlewendes nie, maar hulle moet sensitiwiteit en empatie betoon teenoor die dames wat verkrag was. Die gedrag van die personeel speel 'n groot rol in terme van hoe die vrou wat verkrag was die aangeleentheid verwerk. Die fokus van die studie is om te kyk of vroue wel sekondêre viktimisering ervaar wanneer hulle besluit om voort te gaan met die hofsake. Hof transkripsies was gebruik om te kyk of vroue wel benadeel word. Daar was gekyk na die uitsprake van die regters sowel as die agtergrond van die hofsaak. Daar was bevind dat sekondêre viktimisering wel plaasvind gedurende die hof verrigtinge. Vroue voel asof hulle verantwoordelik is vir die verkragting wat met hulle gebeur het. Die verkragter word nie gesien as die persoon wat oortree het nie. Hierdie gevoelens van self blamering vorm deel van sekondêre viktimisering wat veroorsaak dat vroue sommige kere voel om nie verder te gaan met die hof saak nie. Die verskillende lede van die Kriminele Sisteem moet gedurig opleiding verkry wat hulle in staat sal stel om die gevoelens van die slagoffers in ag te neem. Die howe wat spesiaal opgerig is om verkragting sake te verhoor moet geevalueer word sodat dit 'n sukses kan wees. Kommunikasie moet bevorder word tussen die verskillende departemente en nie -regerings organisasies wat 'n rol speel gedurende die hof sake.
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Gonçalves, Ana Filipa Sequeira Fragoso Dias. "A importância do psicólogo forense na criminalização secundária". Master's thesis, 2013. http://hdl.handle.net/10437/5862.
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Orientação: Carlos Alberto PoiaresA presente dissertação constituída numa construção teórica incide sobre a importância do psicólogo forense na criminalização secundária, nomeadamente ao nível da Psicologia do Testemunho e das motivações ajurídicas do sentenciar. Apresenta como objectivo demonstrar a necessidade de intervenção juspsicológica e enfatizar o contributo que a avaliação psicológica forense pode propiciar para o apuramento da verdade judicial e da respectiva decisão condenatória, não obstante outras questões pertinentes que emergem nos cenários da justiça e que envolvem diversos actores sociais (arguido, vítima, testemunhas e até mesmo o juiz) e influenciam todo o processo inerente ao exercício da aplicação da lei. Neste sentido, desenvolvemos uma revisão teórica acerca de temáticas inscritas na psicologia Forense, que se debruçam sobre o fenómeno criminal e os seus actores sociais, estabelecendo uma lógica idiossincrática que fundamenta e legitima a intervenção da psicologia nos cenários da justiça.
This dissertation constituted a theoretical construct with focuses on the importance of forensic psychologist in secondary criminalization, particularly in terms of the Psychology of Testimony and adjurical motivations of sentencing. Features intended to demonstrate the need for intervention of psychology in Justice and emphasize the contribution the forensic psychological assessment can provide as far as ascertaining the truth and justice of their sentence, not withstanding any other relevant issues that emerge in the justice scenarios involving various social actors (defendant, victim, witnesses and even the judge) and influencing the whole process inherent in the exercise of law enforcement. In this sense, is developed a theoretical review about themes inscribed in Forensic Psychology, which deal with the criminal phenomenon and its social actors, establishing an idiosyncratic logic that underlies and legitimates the intervention of Psychology in the scenarios of Justice.
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"The Combined Effects of Criminal Justice Intervention on Domestic Violence: A Re-Analysis of the Minneapolis Intervention Project". East Tennessee State University, 2003. http://etd-submit.etsu.edu/etd/theses/available/etd-0702103-233910/.
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Mnisi, Eric. "The crime of obstructing the course of justice : is legislative intervention an imperative?" Thesis, 2009. http://hdl.handle.net/10500/3066.
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In this thesis, the common law crime of obstructing or defeating the course of justice as currently applied in South African law, is considered critically. The purpose of the study is to determine whether the ambit of the crime should be extended to target all conduct which undermines the proper administration of justice in South Africa. The interests protected by the crime are investigated, and those important constitutional values which underpin the crime, are identified. These values are: (i) constitutional supremacy (ii) the rule of law (iii) the doctrine of separation of powers, and (iv) the independence of the courts. In a post-constitutional era, the question raised is whether the crime as developed in the common law adequately protects these important democratic values. The historical background and development of the offence are discussed. This is followed by a comparative legal study which considers the existence and ambit of the offence in certain foreign jurisdictions. The foreign legal systems considered are England, Australia, Canada and the United States of America. The study reveals that the crime has been codified in most of these jurisdictions. Codification was driven by the need for legal certainty and compliance with constitutional imperatives. The study concludes that similar reform is necessary in South African criminal law. It is recommended that the common law offence of obstructing or defeating the course of justice be repealed and replaced with a comprehensive statutory offence which criminalises all manifestations of conduct which are intended to defeat or obstruct the proper administration of justice. The proposals are based upon the identified constitutional imperatives which underpin the crime. It is argued that the legislature is the proper institution to initiate reform in this regard. Detailed recommendations are made, which include draft legislation.Law
LL.D.
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Suh, Julia. "The Paradox of Post-Abortion Care: A Global Health Intervention at the Intersection of Medicine, Criminal Justice and Transnational Population Politics in Senegal". Thesis, 2014. https://doi.org/10.7916/D8BV7DR7.
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Sociologists have used boundary work theory to explore the strategies deployed by professionals to define and defend jurisdictional authority in the arenas of the public, the law and the workplace. My dissertation investigates how medical providers and public health professionals negotiate authority over abortion in Senegal. Although induced abortion is prohibited in Senegal, medical providers are permitted to treat complications of spontaneous and induced abortion, known as post-abortion care (PAC). Introduced to Senegal in the late 1990s, the national PAC program is primarily supported by American development aid. This study explores how medical providers manage complications of abortion and in particular, how they circumvent the involvement of criminal justice authorities when they encounter suspected cases of illegal abortion. I also study how boundary work is accomplished transnationally through the practice of PAC within the policy framework of American anti-abortion population assistance and the national prohibition on abortion. Findings are based on an institutional ethnography of Senegal's national PAC program conducted over a period of 19 months between 2009 and 2011. Data collection methods included in-depth interviews with 89 individuals, observation of PAC services, and review of PAC records at three hospitals. I also conducted an archival review of abortion and PAC in court records, the media, and public health literature. Findings show that medical providers and public health professionals perform discursive, technical and written boundary work strategies to maintain authority over PAC. Although these strategies have successfully integrated PAC into maternal health care, they have reinforced the stigma of abortion for women and health professionals. They have also reproduced gendered disparities in access to quality reproductive health care. PAC has been implemented in nearly 50 countries worldwide with varying legal restrictions on abortion. This study illustrates not only how medical professionals practice abortion care in such settings, but also how they navigate a precarious array of medical, legal and global health obligations.
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Santos, Ana Filipa da Costa. "O princípio do nemo tenetur se ipsum accusare no direito processual penal com destaque para a sua aplicabilidade aos casos das intervenções corporais probatórias". Master's thesis, 2018. http://hdl.handle.net/10316/85809.
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Dissertação de Mestrado em Direito: Especialidade em Ciências Juridico-Forenses apresentada à Faculdade de DireitoEsta Dissertação tem por objectivo analisar, mediante pesquisa doutrinária, jurisprudencial e legislativa, o princípio do nemo tenetur se ipsum accusare. Temos presente que o Direito Penal é uma das maiores forças do Estado, sobre a liberdade individual e, por esta razão, a sua aplicação somente se justifica quando demonstrada a sua imperiosa necessidade. O Direito Processual Penal estrutura as regras para que esse exercício do Estado permita, de alguma maneira, que o sujeito confronte esse poder no curso do processo. Mas o processo só atende à sua finalidade quando se reveste de um procedimento justo e equitativo, de forma a garantir amplamente os direitos do indivíduo. No Processo Penal esse procedimento deve assegurar aos arguidos os princípios estruturantes do Direito Penal. Iniciaremos com uma breve explicação do princípio, analisando assim a sua legalidade no ordenamento jurídico português, e sempre que oportunamente referindo a doutrina e a jurisprudência internacional. Também fazemos referência aos princípios orientadores nesta matéria, assim como aos direitos fundamentais que possam estar em causa. Numa segunda parte, abordaremos a aplicabilidade, ou não, do princípio num caso concreto, o da administração de substâncias eméticas e demais procedimentos médicos realizados no contexto dos chamados “correios de droga”. Hoje em dia, deparamo-nos, em muitos casos, com a obrigatoriedade do arguido em ser instrumentalizado (o próprio ser meio de prova e/ou meio de obtenção de prova), com vista a um único fim - o da descoberta da verdade material, sem possibilidade de recusa, e é precisamente sobre esta ameaça aos seus direitos fundamentais que vamos analisar o princípio da proibição da auto-incriminação.
This Dissertation aims to analyze, through doctrine, jurisprudential and legislative research, the principle of nemo tenetur se ipsum accusare. We all have in mind that the Criminal Law is one of the major strengths of the State, about the individual liberty and, for this reason, its application is only justified when demonstrated its imperative need. The Criminal Process Law structures the rules so that that exercise of the Estate allows, in any way, that the individual confronts that power in the course of the process. But the process only attends to its aim when it covers with a fair and equitable procedure, in order to widely ensure the rights of the individual. In the Criminal Procedure that practice has to ensure to the accused the structural principles of the Criminal Law. We will begin with a brief explanation of this principle, analyzing its legality in the Portugal legal system, referring, always when appropriate, the international doctrine and jurisprudence. We also make reference to the guiding principles on this matter, as well as to the fundamental rights that might be at stake. In a second part, we will tackle the applicability, or not, of the principle in a concrete case, of the administration of emetic substances and further medical procedures realized in the context of the “drug dealers”. Nowadays, we encounter, in many cases, with the requirement of the defendant in being manipulated (itself being a mean of proof and/or a mean of obtaining proof) aiming a single goal – the discovering of the real truth, without the possibility of refusing, and its exactly about this threat to his fundamental rights that we will analyze the principle of the prohibition of self-incrimination.