Thèses : « Racism in criminal justice administration »

1

Phillips, Anna. « Perspectives of Racism Among Offenders Post Incarceration ». ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5250.

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Racial segregation in California prisons is a primary means of maintaining control and safety for inmates and correctional staff, yet little is understood about how racial segregation in prison impacts reentry of offenders into the community. The research question examined in this study focused on how living in the racial segregation of a California State prison, for 2 years or more might influence African-American, White, and Latino men's ability to interact with other races in a culturally diverse community upon release. Using Donald Clemmer's theory of prisonization as the foundation, the purpose of this phenomenological study was to understand the experiences of men who lived in a racially segregated environment in prison regarding post-release reintegration. Specifically, their experiences with interacting in a culturally diverse environment after prison were examined to understand how behaviors and attitudes in prison were adapted by formerly incarcerated men in community life. A sample of 15 formerly incarcerated males were interviewed in response to posted fliers and community presentations. Collected data were analyzed between and among races for similar responses to the interview questions according to the Van Kaam method. Fourteen of the 15 participants reported that racial reintegration added challenges such as difficulty trusting and interacting with races other than their own post release, and additionally they stated they were grateful to return to a culturally diverse community. Positive social change stemming from this study include recommendations to prison leaders to introduce social skill building training into reintegration programming that supports former inmates to more effectively interact with diverse populations as they transition to community life.

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2

Samaniego, Rebekah. « When Race Matters : The Influence of Race on Case Clearances in Capital vs. Non-Capital Homicides in Texas ». Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062846/.

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Texas leads the nation in the number of executions carried out since capital punishment was reinstated in 1976. Race was a key factor in the 1972 moratorium, and though the Supreme Court allowed for its return under new statutes, race continues to plague the capital punishment legal system. In this study, I examine the influence of race on case clearances in capital and non-capital homicides in Texas, using the extra-legal and non-discretionary theories from existing clearance literature. I find that race influences the probability of cases being cleared in non-capital cases but has no statistically significant effect in clearing capital cases.

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3

Donaldson, Robin E. « Differential dispositions : an examination of racial bias in the treatment and dispositional recommendations for juvenile offenders ». Virtual Press, 1997. http://liblink.bsu.edu/uhtbin/catkey/1061884.

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The literature which addresses the treatment and disposition of juvenile offenders thoroughly establishes the prevalence of racial bias. Though research is abundant regarding racial bias in both the mental health field and in the juvenile justice system, little exists which examines whether the two combine to contribute to the disproportionate percentage of minority offenders in the justice system. This paper examines this possible contribution. It is hypothesized that both probation officers and mental health professionals employ racial discrimination in dispositional recommendations leading to recommendations for the incarceration of black offenders although white offenders with identical characteristics are recommended for placement in mental health treatment facilities. A log-linear model for single-response qualitative data was modified to a 2 x 2 chi-square analysis due to the low number of referrals to detention which would not allow an evaluation of interactions between the variables. Utilizing a chi-square analysis, statistical significance was not met. Possible reasons for these findings and implications for research are addressed.
Department of Counseling Psychology and Guidance Services

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4

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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5

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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6

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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7

Goodrum, Sarah Dugan. « Murder, bereavement, and the criminal justice system / ». Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008338.

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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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9

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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10

Steels, Brian. « Declared guilty, a never-ending story : an analysis of the impact of the criminal justice system upon the self ». Thesis, Steels, Brian (2005) Declared guilty, a never-ending story : an analysis of the impact of the criminal justice system upon the self. PhD thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/323/.

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This study explores the experience of people who have been publicly declared guilty. It retells the narratives of offenders from the point of arrest through to conviction and, where relevant, imprisonment and release. The experiences of close relatives are also explored and provide an important part of the thesis. These accounts are set against the institutional context of the criminal justice system and a systemic account of police, courts, prisons and community corrections is provided. The main aim of the study is to investigate and document the impact of the criminal justice process on offenders' sense of 'self'. At a theoretical level, the study is informed by symbolic interactionism, particularly the work of Erving Goffman. This enables the development of insights into issues such as loss, shame, humiliation and loss of self. The asymmetrical power relationship in which these feelings are engendered and maintained is emphasised. At the same time, the study records the level and types of resistance among the subjects of the criminal justice system. The findings are significant for our sociological understandings of the impact of being declared guilty, for they suggest that the criminal justice process per se contributes to a severely damaged self, and that the subjective experience of 'being found guilty' starts at the moment of arrest and persists well after sentencing as subjects try to re-integrate into the community with a record of conviction. The study also suggests that these processes are not passively absorbed by subjects. As well as describing feelings of shame and loss, those participating in the research talked about the unfairness of the system, their preparedness to resist in numerous ways, and of their longing for an older, better life in which their sense of self was undamaged. The study concludes by arguing that profound change to the culture of the criminal justice system is needed if rehabilitation is to be successful. In this context it emphasises the importance of accountable and transparent human services concerned with the human and civil rights of offenders, court diversion schemes, alternatives to custody, and the practical application of restorative and therapeutic justice.

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11

Steels, Brian. « Declared guilty, a never-ending story : an analysis of the impact of the criminal justice system upon the self / ». Steels, Brian (2005) Declared guilty, a never-ending story : an analysis of the impact of the criminal justice system upon the self. PhD thesis, Murdoch University, 2005. http://researchrepository.murdoch.edu.au/323/.

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This study explores the experience of people who have been publicly declared guilty. It retells the narratives of offenders from the point of arrest through to conviction and, where relevant, imprisonment and release. The experiences of close relatives are also explored and provide an important part of the thesis. These accounts are set against the institutional context of the criminal justice system and a systemic account of police, courts, prisons and community corrections is provided. The main aim of the study is to investigate and document the impact of the criminal justice process on offenders' sense of 'self'. At a theoretical level, the study is informed by symbolic interactionism, particularly the work of Erving Goffman. This enables the development of insights into issues such as loss, shame, humiliation and loss of self. The asymmetrical power relationship in which these feelings are engendered and maintained is emphasised. At the same time, the study records the level and types of resistance among the subjects of the criminal justice system. The findings are significant for our sociological understandings of the impact of being declared guilty, for they suggest that the criminal justice process per se contributes to a severely damaged self, and that the subjective experience of 'being found guilty' starts at the moment of arrest and persists well after sentencing as subjects try to re-integrate into the community with a record of conviction. The study also suggests that these processes are not passively absorbed by subjects. As well as describing feelings of shame and loss, those participating in the research talked about the unfairness of the system, their preparedness to resist in numerous ways, and of their longing for an older, better life in which their sense of self was undamaged. The study concludes by arguing that profound change to the culture of the criminal justice system is needed if rehabilitation is to be successful. In this context it emphasises the importance of accountable and transparent human services concerned with the human and civil rights of offenders, court diversion schemes, alternatives to custody, and the practical application of restorative and therapeutic justice.

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12

Tang, Siu-mui Anna. « Crime and punishment : an economic approach in the case of Hong Kong / ». [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302723.

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13

Yau, Shu-fung Dave. « A consumer study of the impact of the criminal justice system on the young offenders' criminal career / ». Hong Kong : University of Hong Kong, 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13990895.

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14

Yau, Peter. « The administration of criminal justice in Hong Kong the Carrian case / ». Click to view the E-thesis via HKUTO, 1989. http://sunzi.lib.hku.hk/hkuto/record/B3197613X.

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15

Yau, Peter, et 邱劍超. « The administration of criminal justice in Hong Kong : the Carrian case ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1989. http://hub.hku.hk/bib/B3197613X.

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16

Lin, Kam-hung Ernest Michael. « Treatments of rape victims in the criminal justice system ». [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14804529.

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17

Connell, Barry Charles. « The K̀evin Egan' case : an analysis from a criminal justice system perspective / ». [Hong Kong : University of Hong Kong], 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B15967311.

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18

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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19

練錦鴻 et Kam-hung Ernest Michael Lin. « Treatments of rape victims in the criminal justice system ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31977935.

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20

Sen, Osman N. « Criminal Justice Responses to Emerging Computer Crime Problems ». Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2866/.

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This study discussed the issue of computer crime as it relates to the criminal justice system, specifically law enforcement. The information was gathered through several books, academic journals, governmental documents, and the Internet. First, the nature and forms of computer crime, Internet crime, and cyber terrorism were analyzed. Next, law enforcement responses were discussed. International aspects of the problem were separately pointed out. Further, detection and investigation of computer crime were examined. Problems related to the each component of the criminal justice system (law enforcement, investigators, prosecutors, and judges) were described. Specific solutions to these problems were offered. In addition, computer crime handling procedures were presented. Results indicate that computer crime will increase in the 21st century, and this problem cannot be controlled by traditional methods alone. Using new technology as preventive measures, and increasing awareness and security conscious culture will prevent the problem in the long run.

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21

Xiang, Fang, et 向芳. « Mutual legal assistance in criminal matters between Hong Kong and the Mainland ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2004. http://hub.hku.hk/bib/B3370854X.

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22

Bowen, Deirdre M. « An analysis of alternative methods of plea negotiations / ». Thesis, Connect to this title online ; UW restricted, 2002. http://hdl.handle.net/1773/8895.

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23

Kelly, Terri Lee. « A critical review of issues in applying restorative justice principles and practices to cases of hate crime ». PDXScholar, 2002. https://pdxscholar.library.pdx.edu/open_access_etds/3629.

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A restorative approach to justice focuses on accountability for healing the harm done to victims and communities as a result of criminal acts. Hate crimes are intended to send a threatening message to a particular group of people. There is enough reliable research on restorative justice principles and practices, and on the causes, meaning and impact of hate crimes, to bring together a representative selection of available literature for a critical review. This thesis critically reviews the literature of restorative justice principles and practices, and the literature of hate crime causes, definitions, laws, and typologies of offenders, using as a model Comstock's seven-step Critical Research Method. Findings suggest that congruencies between the two fields of study are primarily found in how activities appropriated to define the fields have increased the ambiguity of the definitions. Further findings suggest that there are important underlying issues of class and power distribution in need of attention in both fields of research. These findings are discussed and suggestions are made for future areas of research.

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24

Gall, Stacy Lyn. « Effects of joint trials on the proportion of guilty verdicts assigned to defendants ». Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1257.

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When two or more people are alleged to have committed a crime together they are automatically tried together in a joint trial. Defendants can apply to have a joint trial severed into separate trials, but they are rarely granted. However, joint trials might be biasing against defendants in that they might have a greater likelihood of obtaining aguilty verdict than if they had separate trials. A review of the literature indicated that authors have several hypotheses why joint trials might be biasing, though there is no conclusive evidence that this is the case. This study used a mock juror paradigm to investigate whether joint trials are biasing toward defendants. Results indicated that there was not a significant difference in the proportion of guilty/not-guilty verdicts across one, two, and three defendant trial conditions when all defendants involved were charged with the same offence (assault). It was concluded that having multiple defendants in a trial was not, on its own, biasing against the first or second defendants. However, having a co-defendant with a more serious charge (grievous bodily harm) led to a significant increase in the proportion of guilty verdicts assigned to the defendant in two out of three scenarios. It was concluded that it is possible that paired with a co-defendant who has a more serious charge is biasing, but future research to assess this factor more thoroughly to make firmer conclusions. Therefore, it might be important for judges to consider differences in charge seriousness when deciding whether to grant separate trials to defendants who apply for them. It is suggested that there was little information for participants in this study to remember and organise, compared to the amount of information presented in real trials. Further, damaging inadmissible evidence against defendants was not included in this study. Future research should investigate the effects of length and complexity, and inadmissible evidence to assess for any biases against joint trial defendants.

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Connell, Barry Charles. « The ��Kevin Egan' case : an analysis from a criminal justice system perspective ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31977893.

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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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Han, Yuna Christine. « International criminal justice and the global south : extraversion and state agency ». Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:86495512-c83a-48e5-b27d-4cdcb1aeefd7.

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Why do states of the Global South initiate international criminal justice processes for domestic atrocity crimes? The phenomenon of Southern agency regarding international criminal justice presents an empirical and theoretical puzzle given the Southern states' defence of Westphalian sovereignty, or the juridical equality of states and domestic non-intervention. International criminal justice challenges this notion of sovereignty by directly prosecuting individuals under international law through international courts. This thesis rejects this theoretical notion that international criminal justice curbs sovereignty, and argues that the initiative for international criminal justice processes is a type of short-term political strategy adopted by Southern state actors to strengthen specific aspects of their statehood. In doing so, the thesis challenges the dominant theoretical explanations of Southern state preference that relies on their relative weakness and the power of external factors, such as Great Power interests or transnational activist networks, and reclaims the possibility of agency for Southern state actors. The argument is derived from a theory developed in this thesis, referred to as judicial extraversion, or a counter-structural theory of strategic action that links the politics of statehood in the Global South and the political opportunities inherent in the nature of international criminal justice, namely, the individualisation of responsibility, criminalisation of specific forms of violence, and the privileged status of the state in the international criminal justice system. It develops this theory through the qualitative case studies of Uganda's self-referral to the International Criminal Court (ICC), Cambodia's request for an international criminal tribunal to the UN, and the counterexample of Colombia's special domestic criminal justice process for paramilitary demobilisation. The thesis finds that relative weakness of Southern states is insufficient to explain engagement with international criminal justice, and highlights the possibility of paradoxical agency. Finally, the findings suggest that, under particular circumstances, international criminal justice can be used to entrench the authority of weaker states in the international system.

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28

Fine, Hilton. « The administration of criminal justice at the Cape of Good Hope, 1795-1828 ». Doctoral thesis, University of Cape Town, 1991. http://hdl.handle.net/11427/4674.

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Includes bibliography.
The administration of justice at the Cape cannot be seen separately from the substantive law which was applied during the period 1795 to 1828. Therefore, in order to actualise the administrative of criminal justice during this period, the sources of criminal law are considered and their significance for the administration of justice are explained.

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Barreneche, Osvaldo 1958. « Crime and the administration of criminal justice in Buenos Aires, Argentina, 1785-1853 ». Diss., The University of Arizona, 1997. http://hdl.handle.net/10150/282402.

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This dissertation analyzes the emergence of the criminal justice system in modern Argentina, focusing on the city of Buenos Aires as case study. It concentrates on what I call the formative period of the postcolonial penal system, from the installation of the second Audiencia (superior justice tribunal in the viceroyalty of Rio de la Plata) in 1785 to the promulgation of the Argentine national constitution in 1853, when a new phase of inter-regional organization and codification began. During this transitional period, basic features of the modern Argentine criminal justice system emerged which I study in detail. They are: (a) institutional subordination of the judiciary; (b) police interference and disruption in the judiciary-civil society interface; (c) manipulation of the initial stages of the judicial process (sumario) by senior police officers (comisarios); and (d) utilization of institutionally malleable penal-legal procedures as a punitive system, regardless of the outcome of criminal cases judicially evaluated.

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Algheitta, Nasser Faraj. « Protecting human rights of the accused in the Libyan criminal justice system ». Thesis, University of Aberdeen, 2011. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=167958.

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International human rights law has witnessed considerable developments in the last decades both in normative terms and standard setting as well as in monitoring of state observance and compliance. The ECtHR and the former Commission have taken a leading role in the development of human rights due to the extensive case law the Strasbourg institutions have produced. Human rights of the accused in the criminal proceedings had its share of such a development. The court in its assessment of various national systems in their adherence to the rights enshrined in the convention has interpreted the rights progressively and the result is a vast case law regarding the right of the accused to fair trial, to liberty and the right to private life. The central theme of this work is to examine the Libyan criminal justice system in its attempt to protect the rights of those accused of a criminal offence in the light of the developments pioneered by inter-state organs especially the ECtHR. The thesis focuses on the most pressing issues where the Libyan system does appear to be at odd with the international standards of fair trial. Therefore the scope of this work has been limited to examine the protection of the right to liberty and the right to fair hearing. In doing so, it starts with a chapter introducing the reader to the Libyan system and outlining the main features and principles governing the criminal justice system. The thesis also examines the human rights situation in general and how the political and constitutional arrangements have affected the human rights situation in the country. The protection of the right to liberty and pre-trial detention is examined in chronological order starting from the initial arrest by the police till the accused is referred to the court for trial. To evaluate the extent to which the Libyan system does protect the right to liberty, the study first, examines the procedural guarantees available in the criminal process and second to ascertain whether these domestic procedures as compared to the standards developed by the ECtHR and the Human Rights Committee are of acceptable international standards. The principle of equality of arms and the principle of adversarial proceedings as developed by the European court are an integral part of the right to fair trial and these principles are the focus of this thesis. The special position the public prosecution authority occupies, the wide power it has under the Libyan system, the heavy reliance on the pretrial evidence “the dossier evidence” and the marginal role of the defence lawyer have been diagnosed to be the major problems of the system which pose serious challenges to whether the system can uphold fairness and adhere to the requirement of adversarial proceedings. The study suggests that in the light of the examination of the Libyan system, it is apparent that it suffers from major weaknesses and shortcomings and is in need of reform. In order to ensure a better protection of the rights of accused persons, certain measures need to be introduced. However, the study also acknowledges the Libyan system has a number of strong points and these should be taken into account in any future reform. Instead of arguing for a radical change, the study suggests that any proposed reform should build upon the system’s traditions and experience. Reform should on one hand, lay the ground for a more participatory role for the defence lawyer from the early stages of the proceedings, backed by more judicial supervision of the conduct of police and prosecution in the pre-trial stage. On the other hand, the study argues the system’s belief in the positive role of the trial judge is a valuable guarantee of justice which should be retained. The study’s focus on the implications of the Strasbourg case law for the Libya system has not deterred it from seeking lessons and insights from the development of international justice and Islamic law jurisprudence.

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31

Chan, Man-fai. « The development of the forensic services in Hong Kong ». [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302656.

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32

Vander, Veen Sarah. « Mock jurors' attitudes toward aboriginal defendants : a symbolic racism approach / ». Burnaby B.C. : Simon Fraser University, 2006. http://ir.lib.sfu.ca/handle/1892/2688.

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33

Black, Stephen Phillip. « Invisible presences : the routine processing of the lay prosecution witness in the English and Welsh criminal justice system ». Thesis, University of Northampton, 1996. http://nectar.northampton.ac.uk/2713/.

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34

Sen, Satadru. « Punishment and society in colonial India : the penal settlement in the Andaman Islands, 1858-1898 / ». Thesis, Connect to this title online ; UW restricted, 1998. http://hdl.handle.net/1773/10376.

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35

Korda, Catherine J. « Biases toward defendants in joint criminal trials ». Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1018.

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Under the Criminal Code Compilation Act 1913 (WA), any number of individuals may be joined as co-defendants in a single trial, fanning a situation known as a joint trial. The charge/s against each defendant are considered separately and given a separate verdict by the jury. There is considerable debate in the legal arena as to the utility of joint trials, although to date little empirical research exists to substantiate any of the claims made. The present study aimed to contribute to the sparse knowledge base on joint trials by examining the impact of evidence strength on juror decision making in joint and single trials of the same defendant. Sixty mock juror university students were required to listen to an audiotaped trial summary about a hypothetical assault case that followed the same procedure as would be followed in Australian criminal courts. Evidence strength was manipulated so that defendant A had relatively weak and circumstantial evidence implicating him in the offence, and defendant B had very strong, substantive evidence implicating him in the offence. Two pilot studies confirmed that this manipulation was successful. The participants were assigned to one of three conditions - the single trial of defendant A, the single trial of defendant B, or the joint trial of defendants A and B. After listening to the trial summary, the participants were then required to give a verdict for the defendant/s, and rate the strength of the prosecution and defence evidence presented for the defendant/s. The hypothesis that the effect of joining their trials will be different for defendants A and B in terms of the proportion of guilty verdicts rendered for each defendant was supported. It was found that defendant A was significantly more likely to be found guilty in the joined condition than in the single condition (p < .05). There was no such effect observed for defendant B (p > .05). The second hypothesis that the effect of joining their trials will be different for defendants A and B on the perceived strength of prosecution evidence was also supported. Statistical testing revealed that there was a significant increase in the perceived strength of the prosecution evidence for defendant A in the joint condition, as c0mpared to the single condition (p < .05). There was no significant difference between the prosecution evidence strength ratings for defendant 8 in the single and joint conditions (p > .05). There was no support for the hypothesis that the effect of joining their trials will be different for defendants A and B on the perceived strength of defence evidence. For both defendants, there was no significant difference between defence evidence strength ratings in the joined and single conditions (p >.05). These results are interpreted with reference to impression formation theory. The limitations of the present study, including the sample, trial medium, trial elements, consequentiality of the task, and the trial materials are discussed. Directions for future research, such as improvements in the present study and additional sources of bias that may influence verdicts in joint trials, are also examined.

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Yu, Ping. « Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China / ». Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.

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Eastwood, Christine J. « Surviving child sexual abuse and the criminal justice system ». Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36578/1/36578_Digitised%20Thesis.pdf.

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This thesis examines the experiences of twelve young women involved in the prosecution of childhood sexual abuse. On the substantive level, the significant criminal justice processes as well as the consequences of their involvement in the justice system are discussed. In order to accurately reflect the depth and power of the stories of the young women, the methodology involves a six-stage interview process with each participant, and also incorporates data gathered from parents, fresh complaint witnesses, court support workers and legal personnel. On the theoretical level, the study focuses on the manner in which the justice process intersects with the interconnected identities of female, child and person who has been sexually assaulted. Basically, this thesis argues that the criminal justice system is not only unable to deal with the psychological and developmental needs of the female child who has been sexually abused, but indeed, the process itself further abuses the child. In an area fraught with ethical and legal difficulties, the ground-breaking nature of this research emanates from the experiences of the young women as told from their own perspectives. This thesis is further reinforced by the strong theoretical analysis and framework which encourages new ways of conceptualising their experiences. The thesis concludes with some recommendations which may improve the future treatment of child complainants of sexual abuse in the justice system, and also identifies suggestions for further research.

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Teang, Pa Nguon Baker Iljas. « Criminal justice system as an obstacle to democratic development in Cambodia / ». Abstract, 2006. http://mulinet3.li.mahidol.ac.th/thesis/2549/cd394/4537438.pdf.

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Kinney, J. Bryan. « Court sentencing patterns / ». Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2367.

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Jokani, Mkhuseli Christopher. « Innovations introduced into the South African criminal justice by the child justice Act 75 of 2008 ». Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1571.

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The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary Inquiry that is an informal, pre- trial procedure that must be held in respect of every child that is alleged to have committed an offence. The role of the Presiding Judicial Officer is very active during this stage because he is the one that takes charge of the proceedings and the role of the Prosecutor and the Legal Representative is very minimal. The purpose of the Preliminary Inquiry is in the main to determine whether a child in conflict with the law could be diverted if the provisions of section 52 (1) of the Act are complied with. Preliminary Inquiry if properly used will have possible benefits for the South African Criminal Justice system in that cases involving children will be timeously be finalised and the turn around time for criminal cases in general will possibly improve. Same will translate in the confidence of the citizens being improved in the Justice system. The second element that is introduced by the Act is formalised diversion into the Criminal Justice System. Diversion had for a number of years before the coming into operation of the Child Justice Act been used in South Africa but it was informal. The diversion that is envisaged by the Act is restorative in nature in that the Act seeks to involve the child offender, the victim, the community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent recurrence of the incident and promoting reconciliation. Restorative Justice is not a new invention in the South African legal system it is a return to traditional patterns of dealing with conflict and crime that had been present in different cultures throughout human history. Restorative Justice has been understood as Ubuntu in the African context. The Truth and Reconciliation Commission demonstrated the benefits of restorative justice in dealing with conflicts that had a potential of setting the country alight. Restorative Justice has evolved in South Africa throughout different historical epochs up to the current legal conjuncture. It has now been endorsed with success in precedent setting cases in the High Courts of the Republic and the Child Justice Act has now fully institutionalised it into the Criminal Justice system. One hopes that it will be extended beyond cases involving children in conflict with the law but to adult accused persons. Various pieces of legislation attempt to endorse the principles of restorative justice but are not as comprehensive as the Child Justice Act. There are 4 instances where a matter may be diverted in terms of the Act: (i) By a Prosecutor in terms of section 41; (ii) Diversion at Preliminary inquiry; (iii) Diversion before the closure of state case at trial; (iv) At any time during trial but before judgement. There are 2 diversion options that are provided by the Act that is level one diversion option in respect of schedule 1 offences and level 2 diversion options in respect of schedule 2 and 3 which are much more serious. The Act further entrenches Family Group Conference as well as Victim Offender Mediation which are restorative justice mechanisms. The legal consequences of diversion are that when the child has successfully complied is equivalent to an acquittal. The last element is the multi sectoral approach to crime fighting in that all role players should work together in dispensing justice to children in conflict with the law. The days of working in silos are now over because everybody has a role to play and there has to be collaboration at all levels. The Act entrenches the public private partnerships particularly in helping to rehabilitate and reintegrate children to society. The Act provides for the establishment of One Stop Child Justice Centres. The purpose is to promote cooperation between government departments, non governmental organisations and civil society to ensure integrated and holistic approach in the implementation of the Act. The Act further provides for the development of the National Policy Framework by the Departments of Justice and Constitutional Development, Social Development, Correctional Services, South African Police Services, Education and Health within 2 months of the commencement of the Act. The purpose is to ensure uniform, coordinated and cooperative approach by all government departments, organs of state and institutions in dealing with matters of child justice and enhance service delivery. This study seeks to examine the innovations brought about by the Child Justice Act into the South African Criminal Justice System. The study further explores the possible benefits that may accrue to the Criminal Justice System because of Preliminary Inquiry, Restorative Justice and the Multi Sectoral Approach to crime.

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White, Diana C. « The impact of demographic characteristics, personality variables, beliefs about the causes of crime and fear of crime on attitudes toward sentencing goals / ». Swinburne Research Bank, 2009. http://hdl.handle.net/1959.3/66787.

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Thesis (Ph. D.)--Faculty of Life and Social Sciences, Swinburne University of Technology, 2009.
Submitted in partial fulfillment of the requirements for the degree of Professional Doctorate of Psychology (Counselling), [Faculty of Life and Social Sciences], Swinburne University of Technology - 2009. Typescript. Includes bibliographical references (p. 258-283).

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Singer, Kate. « Aboriginal injustice, a Canadian reponsibility : an Algonquian perspective of Canada's criminal justice system ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ63368.pdf.

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Harvey, Edward S. « Development of an associate of sciences degree option program : Administration of justice with occupational concentrations ». CSUSB ScholarWorks, 1992. https://scholarworks.lib.csusb.edu/etd-project/723.

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Lean, Sandra. « Hidden in plain view : the impact of popular beliefs and perceptions, held as factual knowledge about the Criminal Justice System, on incidences of wrongful accusation and conviction ». Thesis, University of Stirling, 2012. http://hdl.handle.net/1893/11691.

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Available research demonstrates that public perceptions and beliefs about the Criminal Justice System (CJS) differ from its actual processes and procedures, but there is little research on the effects of such a difference, specifically with regard to wrongful accusation and/or conviction of factually innocent persons, and their families. Perceptions and beliefs, held as reliable and accurate knowledge, may impact on wrongful accusation/conviction of the factually innocent, both on the lived experiences of wrongly accused/convicted persons themselves, and on perceptions held about them (and responses to calls for case reviews) within the wider public. Although a great deal of research has been carried out on the subject of wrongful conviction generally, this has focussed, in the main, on legal, procedural and structural causes of wrongful conviction, and, in particular, on a small number of ‘high profile’ cases. This research examines perceptions and beliefs held as knowledge by individuals claiming to be factually innocent, wrongly accused/convicted persons, and the results of attempts to employ such perceptions and beliefs to maintain claims of innocence. Further, the experiences of family and friends of the wrongly convicted, whose lives continue in the community following the conviction of their family member, are examined, with particular attention to the interface of beliefs and perceptions between such families and the wider community. To a lesser extent, the role of the media, in shaping public opinion, the effects of media coverage on trial procedures and outcomes, and non-reporting or selective reporting is also addressed. A series of semi-structured interviews was carried out throughout the UK, with wrongly accused/convicted persons, family members of those individuals, and members of groups and organisations working to highlight the problems of wrongful accusation and conviction. A survey aimed at examining key perceptions and beliefs, held as factual knowledge about the CJS within the wider public, was also conducted. The analysis of the data indicated that not only do individuals and families attempt to employ erroneous perceptions and beliefs as factual knowledge in cases of wrongful accusation and conviction, but that such attempts feed into and support the case against the wrongly accused (in direct opposition to the aims and objectives of those employing them). Furthermore, knowledge of the actual workings of the CJS (held by CJS actors) can be, and is, used to exploit the ignorance of those so accused, and their family members. This is made possible because legal meanings of key words and phrases are vastly different from their commonly understood meanings, a factor known only to CJS actors, and not, generally, to the wider public. Political rhetoric and media representations support and reinforce those commonly held understandings, simultaneously maintaining the inaccessible code of actual CJS processes, thereby influencing public perceptions of those who are accused and convicted.

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Palk, Deirdre E. P. « Gender, crime and discretion in the English criminal justice system, 1780s to 1830s ». Thesis, University of Leicester, 2001. http://hdl.handle.net/2381/30725.

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Historians of English crime and criminal justice agree that females are more leniently treated by the criminal justice system. Fewer females are prosecuted for unlawful activities, and, when they are, they are more readily acquitted, or receive lighter sentences than males. However, reasons for this remain elusive. References to the paternalism of those involved in the system, together with notions about masculinity and femininity in a patriarchally ordered society, have been offered in the absence of other more focused and systematic evidence.;This thesis follows a systematic enquiry about three crimes which attributed the death sentence - shoplifting, pickpocketing, and uttering forged Bank of England notes. The period of the study covers the 1780s to the 1830s, and is centred on London and Middlesex. It considers involvement in each crime by gender. The approach seeks to avoid the over-generalisation resulting from synthesis of statistics for a wide variety of offences, and to allow a clearer view of how men and women operated in committing offences. This systematic approach follows the offenders involved in the three crimes through the criminal justice system, so far as it is possible to do so, since the public trial and sentencing at the Old Bailey were not the end of the decision-making story. Previous studies have largely neglected to follow-through to the stage of commutation of sentences and pardons where influences on the decision-makers differed from those on decision-makers at earlier stages of the system.;In particular, this thesis focuses on the gendered context of the specific behaviour of male and female offenders in the selected offences, on the effects of a patriarchal system of justice, and on the needs of the State to make political decisions about the disposal of offenders.

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Williams, Kadifa. « Black people and criminal justice in England and Wales : a study on bail ». [n.p.], 1999. http://dart.open.ac.uk/abstracts/page.php?thesisid=181.

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Brodie, Scott. « Changes in custody following the enactment of the Youth Criminal Justice Act / ». Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2309.

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Yau, Shu-fung Dave, et 游樹峰. « A consumer study of the impact of the criminal justice system on the young offenders' criminal career ». Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31250002.

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Chau, Peter Siu Chun. « Social deprivation and criminal punishment ». Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:59b68db7-20b7-461f-8c08-f8ee3e67d636.

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My aim in this thesis is to examine whether there are some mitigating factors, i.e. reasons to punish an offender less for his crime than an otherwise similar offender (other than that the offender suffered from mental disorder or disturbance or other forms of irrationality at the time of offence), that are more applicable to socially deprived offenders than to non-socially deprived offenders. I will answer the thesis question through a critical examination of twelve arguments for claiming that there is a mitigating factor that is more applicable to socially deprived offenders, each proposing a different mitigating factor. My conclusions are as follows: (1) Most of the arguments that I examine fail, i.e. they either fail to highlight a genuine mitigating factor, or we do not have much evidence that the mitigating factor highlighted by the argument has a greater applicability to socially deprived offenders than to non-socially deprived offenders. (2) However, one argument, which can be called the no violation of natural duties argument, is successful. (3) Moreover, the improvement of the worst off argument, an argument that is not often discussed in the literature, is particularly noteworthy. If my discussion about that argument is correct, then even if, as I will argue, the mitigating factor highlighted by that argument may not be more applicable to socially deprived offenders than to non-socially deprived offenders, the remaining parts of that argument would still have profound influence on punishment in our unjust societies.

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Dollar, Christopher Wade. « Evaluating the Effectiveness of Justice Reinvestment Legislation in Oregon| Analyses of State and County Implementation ». Thesis, Portland State University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10825647.

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Sentencing reform and “tough on crime” policies have assisted in the inflation of the United States’ prison population by nearly 400% over the last 50 years. In 2003, justice reinvestment was conceptualized as a way to decrease recidivism and remedy the exorbitant correctional spending by reinvesting funds on rehabilitation and reentry assistance to those leaving custodial institutions. Early implementations of justice reinvestment in Connecticut and Texas achieved both savings and reductions in prison populations. This led to the creation of the Justice Reinvestment Initiative by the U.S. Bureau of Justice Assistance in 2010. Officials of the Justice Reinvestment Initiative sought states who were willing to achieve bi-partisan agreements on reform and reinvestment strategies to assist in the creation and implementation of this new policy. The State of Oregon began this process in early 2012 and completed the process with the enrollment of HB 3194 in July of 2013. Despite the implementation of this policy in 17 states, few evaluations have been performed on the effectiveness of justice reinvestment policy.

This study employs a quasi-experimental time series analysis of corrections data from the State of Oregon, the high usage county, medium usage county, and the low usage county proxies to assess the effectiveness of the law. Counties were selected as proxies for levels of justice reinvestment grant usage. These data include prison admissions (June 2010–July 2016), probation admissions (June 2010–July 2016), and the number of individuals on community supervision (July 2010–December 2015). Analyses reveal significant changes in all measures. The results of this study have several implications for current and future implementations of justice reinvestment.

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Thèses sur le sujet « Racism in criminal justice administration »

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