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1
May, Tim Peter. "Probation : politics, policy and practice". Thesis, University of Plymouth, 1990. http://hdl.handle.net/10026.1/2785.
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The aim of this study is to understand changes in the criminal justice system and their effects on policy and practice within the probation service In England and Wales. Towards this aim it utilises the techniques of participant observation, interviews, documentary research and an extensive self-completion questionnaire. The study proceeds by examining the history and politics of the Service and the relationship of these to changes in internal policy and occupational practice. More specifically, it then considers the responses of one probation area. Therefore, the study does not separate the issue of environmental effects on an organisation and how that has consequences for policy and practice within the Service. Within the Treen policy process, an 'implementation gap' is found to exist between probation management (ACPO and above) and the front-line (probation officers and ancillaries). However, the study goes further by examining the issues of autonomy and accountability of probation staff in relation to the organisation itself , as well as other groups and agencies. Further, alterations in the roles of personnel are examined in relation to the changes which policy implies. Again, significant differences are found to exist between the two groups of staff mentioned above. In order to further understand these differences, the study then examines ‘everyday work’ and finds that discretion is a necessary feature for managing and controlling a probation work setting . In the process, the issue of the compatability of policy and practice is raised and found to be wanting. Utilising a model developed in chapter 2, the study then seeks to understand these tensions as stemming from the 'politics' of the ‘alternatives to custody industry’ with its emphasis on central control and punishment; a philosophy at odds with the Service's traditional humanitarian concerns. The study finds in the nature of policy, a need for both both uniformity and predictability in probation work. However, the working environment is found to be neither uniform nor predictable, with front-line personnel also firmly believing that they need discretion in order to exercise their duties effectively. Finally, from a further understanding of this 'politics of probation', the study finishes with beliefs on the future development of the Service.
2
Tidball, Marie. "The governance of adult defendants with autism through English criminal justice policy and criminal court practice". Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:7004f680-cd56-4a62-a097-458878d19f7a.
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Foucault's 'governmentality approach' developed the notion of 'dividing practices' (1991; see Seddon 2007) which recognises that how individuals and groups are categorised determines how they are governed. This thesis draws on critical disability studies and criminological literature on 'doing justice to difference' to develop a disability perspective in criminology, in order to analyse the governance of offenders with autism. It argues that there is descriptive and normative value in proactively categorising these groups as 'disabled' under the 'social model' of disability. The social model of disability is helpful in enabling us to distinguish between impairment and disablement. It allows us to comprehend the 'psy' literature, which explores the link between the 'symptomatology' of autism and criminality (the 'impairment branch' of the distinction) in combination with the 'interconnecting variables' (Browning and Caulfield, 2011) which lead offenders with autism into the criminal justice system and their inequitable experiences (the 'disablement branch' of the distinction). This is timely given the entrenchment of this model in the Equality Act 2010 and the inception of the Autism Act 2009, Statutory Guidance (DOH, 2010; 2015) and related policy. Using cross-method triangulation of qualitative data collected through interviews with elites and practitioners, textual analysis and court observation of eight adult defendants with autism through their court process, this thesis investigates why the status of this group as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It examines the extent to which policy-makers and criminal justice decision-makers consider the defendant's autism in their decision-making about the defendant's case in the courts. Finally, it examines the impact of 'collateral' effects of the criminal justice process on family members who supported these defendants.
3
Sastry, V. V. L. N. "Influence of Trial by Media on the Criminal Justice System in India". ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6805.
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Media exercises incredible influence on the public; in India media appears to interfere with court proceedings. The purpose of this mixed-methods quasi-experimental study was to explore the effect of media trials on the Indian criminal justice system and to examine the relationship between court verdicts and media trials in India. The narrative policy framework was used to guide the study. Qualitative data were gathered from a variety of sources, including the court cases and the related verdicts reported by the media as media trials from 2005 to 2015. Subsequently, interviews were also conducted to collect qualitative data. Quantitative data were sourced from a survey using Likert scales. Survey and interview data were collected from 450 India-based practicing attorneys. Qualitative data were coded and themes developed. Quantitative data were analyzed using Pearson's correlation analysis. Findings indicated that media interference affects the Indian criminal justice system, often adversely. Findings may be used to help public policy making bodies formulate media guidelines about reporting crime and the justice system in India. Findings may also be used to bolster public confidence in the judicial system in India.
4
Bolton, Angela. "'Last resort?' : women prisoners, community and penal policy; a community prison system for women: exploring the issues". Thesis, Nottingham Trent University, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.314337.
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Tester, Marlys Kay. "Analysis of Selected Correlates of Spouse Abuse and the Policy Implications for the Criminal Justice System". Digital Commons @ East Tennessee State University, 2007. https://dc.etsu.edu/etd/2135.
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Research on spouse abuse has received greater attention during the last 3 decades around the world. This research was conducted to investigate the selected correlates of alcohol use, drug use, and marital status and the effects they have on use of weapons and violent behavior. The secondary data used was from a study done in Chicago from 1995-1998, called the Chicago Community Crime Prevention and Intimate Violence Study. There were 210 domestic violence victims studied in one Chicago area. Each victim was asked a series of the same questions. It was found that 39.4% of the domestic violence cases involved an alcohol problem, and 45.1% of them involved drugs. It was found that divorced subjects had the highest percentage of the use of a weapon (67%). In the overall cross tabulations, alcohol, drug use, and marital status were not significantly related to the use of a weapon and violent behavior. It was also found that alcohol consumption and violent behavior was significant at the .10 level of significance.
6
Rowe, Raymond. "Young offenders and the Criminal Justice System : a systems science approach to evaluating and improving Metropolitan Police Service policy toward young offenders". Thesis, City University London, 2000. http://openaccess.city.ac.uk/8170/.
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The research reported here is concerned with a systems science approach to evaluating and improving Metropolitan Police Service (MPS) policy toward young offenders from 1992 to 1999. The MPS were concerned at the cost effectiveness of their policy and procedures toward young offenders, and the role of other agencies in the decision-making process. A multi-methodological approach was adopted to identify the problem situation and agree an agenda for change. Soft Systems Methodology (SSM) and a number of other methodological techniques were used to assist in identifying the problem situation. Archive data was gathered, interviews were conducted with representatives from a number of organisations and, questionnaires were designed to investigate policy and decision-making procedures for multi-agency youth liaison panels (MAPs) operating in the Metropolitan Police District. A number of MAPS were observed and identified as case studies to inform SSM. There were three objectives to this research: firstly to evaluate the problem situation; secondly to generate an agenda for change with those involved; and thirdly to evaluate any implementation that was likely to follow. The multi-methodological approach described above was used to evaluate the decision-making used by the MPS and MAPS involved in case disposal procedures. Secondly, this approach was also used to identify changes to the decision-making policy and procedures and to debate them with the MPS and MAPS. Thirdly, the same approach was used to obtain agreement to implement and evaluate the effects of those changes. The three objectives were achieved and lessons learned from the integration of multi-methodological techniques with SSM. This approach was considered to be an appropriate means for dealing with the complexity of the problem situation and in identifying improvements to police policy and procedures. The introduction of the `gravity factor' process has led to greater consistency in police and MAP decision-making.
7
Fernandes, Jack J. "Sentencing Reform In The Nation’s Juvenile Justice System: A Set of State and Federal Policy Recommendations Following Miller v. Alabama (2012)". Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1340.
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This research was focused on analyzing and interpreting the U.S. Supreme Court’s holdings in several cases that directly affect the juvenile justice system and the sentencing process of youth offenders. Drawing primarily from Miller v. Alabama (2012) and the Supreme Court’s ‘Miller doctrine’, this thesis goes against the viewpoints of many policymakers, arguing that life without parole and mandatory adult sentence minimums for youth offenders are ‘cruel and unusual’ punishments that are unconstitutional as sentencing options for a juvenile offender. In order to arrive at the conclusion that the aforementioned punishments violate a youth’s 8th Amendment right to a proportional sentence, this thesis drew from previously unavailable research in modern neuroscience that substantiates the Supreme Court’s claim that “Children are different” on a developmental basis and thus, can never possess the same degree of culpability for a crime as an adult offender.
If one accepts the conclusions made in this thesis, it is a matter only of when, not if, the sentencing process for youth offenders experiences a paradigm shift on a legislative level, and becomes a much more efficient and successful process where rehabilitation becomes the foremost goal. If science and developmental psychology support the Supreme Court’s assertion that nearly all juvenile crime-activity is the result of “transient immaturity,” then why are 16 year olds being sentenced to life without the possibility of parole? This thesis explores the possible answers to this question, and anticipates the possible impediments to national changes in juvenile sentencing procedures.
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Birdsall, Nathan. "Intimate partner violence victimology : factors affecting victim engagement with the police and criminal justice system". Thesis, University of Central Lancashire, 2018. http://clok.uclan.ac.uk/23106/.
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The thesis concerns an examination of victim engagement with the police investigation of domestic abuse. Notwithstanding the huge efforts being made in tackling the problem by police forces across the UK, national inspections still find that the services provided to victims are “not good enough” (HMIC, 2014, p.6). Subsequently, the thesis argues that in order to build an approach around empowering victims of Intimate Partner Violence (IPV), there first needs to be further research into victim engagement with the police investigation (Birdsall et al., 2016; Hoyle & Sanders, 2000). Using the rationale, the research examined 540 cases of IPV to determine which factors were significantly associated with victim engagement. It controlled for suspect charging, cross validated the results with qualitative case file information and brought together the findings through an analysis of their co-occurrence. The process resulted in distinct themes and an overall model of victim engagement. The thesis concludes that the current risk assessment used routinely by the police to identify victim vulnerability does not take into account victim engagement. The thesis therefore proposes that the factors, themes and model of victim engagement developed throughout the thesis, as well as other means of assessing victim engagement, would need to precede the DASH risk assessment to provide a more effective evaluation of victim vulnerability. Doing so would allow the police to critically communicate and provide suitable support that is applicable to all victims of IPV. Crucially, the early indication of victim withdrawal would allow the police to identify some of the most vulnerable victims of abuse who would otherwise disengage from professional support and place themselves at greater risk of harm, injury and abuse.
9
Dhar, Dubey Rajendra. "Role of police in the protection of women`s right: a study under the Indian criminal justice system with special reference of state of West Bengal". Thesis, University of North Bengal, 2008. http://hdl.handle.net/123456789/1300.
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Al-Oumi, Noura. "Suspects' rights and police malpractice in the pre-trial process of the Kuwait criminal justice system". Thesis, University of Leeds, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.595669.
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Suspects' who are held in police stations are safeguarded under the Constitutional rights of the accused in Kuwait. Despite those rights, little is known about how the police exercise their power or treat suspects held in Kuwait police custody. This thesis attempts to investigate the judicial police power with regard to detention. It also assesses the extent of the rights and fair treatment given to suspects in police custody. In particular, the thesis focuses on police discrimination against Bedoons and foreign labourer suspects. This study looked at the human rights standards in relation to police detention power and suspects' rights in police custody. This research also examines the England and Wales legal system with regard to police detention power and safeguarding suspects' rights in police custody. The aim is to suggest policies that could be feasibly transferred to Kuwait. This study was based not only upon a thorough legal analysis, but also adopted a qualitative research approach by gathering data through in-depth face-to-face interviews with thirty law enforcement officials, including lawyers. The research sought to examine police detention power as set in the Criminal Procedures and Penal Code No.17/l960 (CPPC), which included a legal evaluation within the human rights standards. In addition, the research sought to explore the sociopolitical culture of Kuwait in order to understand its culture and its impact on the legal system. This study raised a number of questions concerning police occupational culture, accountability, police interrogation techniques. and suspects' rights while in police custody in Kuwait. The research found a distinct gap between the abstract rules outlined in the Constitution and actual police practices. This study uncovered police malpractices in Kuwait and police discriminatory behaviour against Bedoons and foreign labourers. Finally. the thesis suggests some approaches that might be feasible for improving the current situation in Kuwait by drawing upon the experiences of England and Wales. These include establishing the role of a custody officer, enhancing external supervision, implementing tape recording and improving the quality of legal advice
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Medjeral, Marissa Lee. "The Emotional Experience of Crime and Punitive Policy : Using emotional language to resolve a crisis of public confidence in the British Criminal Justice System". Thesis, University of Essex, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504836.
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Gultekin, Kubra O'Connor Brian C. "Knowledge management and law enforcement an examination of knowledge management strategies of the police information system (POLNET) in the Turkish National Police /". [Denton, Tex.] : University of North Texas, 2009. http://digital.library.unt.edu/permalink/meta-dc-11040.
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Cavalcante, Ricardo Moura Braga. "ConfianÃa, conhecimento e poder: anÃlise da atividade de inteligÃncia da PolÃcia Militar no CearÃ". Universidade Federal do CearÃ, 2016. http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=19841.
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nÃo hÃEsta tese investiga a atividade de inteligÃncia na PolÃcia Militar do CearÃ. A inteligÃncia policial compreende a coleta e a gestÃo de informaÃÃes que deverÃo ser resultar em conhecimento relevante para a tomada de decisÃo dos comandantes. Para tanto, os PMs que atuam nessa Ãrea precisam desenvolver uma sÃrie de habilidades cognitivas e interpessoais, alÃm de constituir uma rede de informantes baseada fundamentalmente no sigilo e na confianÃa, dois conceitos eminentemente sociolÃgicos. Ao contrÃrio dos PMs que atuam no policiamento ostensivo, os agentes do ServiÃo Reservado - um dos nomes pelos quais essa atividade à conhecida - nÃo trajam farda e possuem maior autonomia de aÃÃo. Por causa disso, eles atuam numa tÃnue linha moral, permeada por ilegalismos diversos. Na presente pesquisa, busco compreender a atuaÃÃo desses policiais e como a inteligÃncia policial se insere no funcionamento do sistema de justiÃa criminal a partir de uma estratÃgia teÃrico-metodolÃgica que se fundamenta nos relatos e nas percepÃÃes que os agentes de inteligÃncia possuem acerca da atividade que desempenham.
This thesis investigates the intelligence activity in the Military Police of CearÃ. The police intelligence involves the collection and management of information that should be result in relevant knowledge for decision making of the commanders. Therefore, the PMs working in this area need to develop a range of cognitive and interpersonal skills as well as building a network of informants fundamentally based on secrecy and trust, two eminently sociological concepts. Unlike PMs operating in ostensible policing, the agents of the Reserved Service - one of the names by which this activity is known â donât wear uniforms and have greater autonomy of action. Because of this, they act in a thin moral line permeated by various illegalisms. In the present research, I seek to understand the performance of these policemen and how the police intelligence integrates the functioning of the criminal justice system from a theoretical and methodological strategy that is based on the reports and perceptions that intelligence agents have about their own activity.
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Olson, Jeremiah. "SOCIAL CONSTRUCTION AND POLITICAL DECISION MAKING IN THE AMERICAN PRISON SYSTEM(S)". UKnowledge, 2013. http://uknowledge.uky.edu/polysci_etds/5.
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With over two million inmates, the United States’ prison population is the largest in the world. Nearly one in one hundred Americans are behind bars, either in prisons or pre-trial detention facilities. The rapid growth in incarceration is well-documented. However, social science explanations often stop at the prison gates, with little work on treatment inside prisons. This black box approach ignores important bureaucratic decisions, including the provision of rehabilitative services and the application of punishment.
This dissertation offers a systematic analysis of treatment decisions inside the American prisons. I use a mixed methods approach, combining multiple quantitative datasets with environmental observation at four prisons, and original interviews of twenty-three correctional staff members. I offer the only large-n comparative analysis of American state prisons. Characteristics of the inmates as well as characteristics of staff are explored. I am able to analyze data at the state, facility and individual level. All of this is to answer a crucial and somewhat overlooked question; how do prison staff decide who should be punished and who should receive rehabilitative treatment?
I find that theories of social construction offer insight into the treatment of American prison inmates. Specifically, I find that socially constructed racial categories offer explanatory value for inmate treatment. Black and Hispanic inmates are less likely to receive important rehabilitative programs, including access to mental health and medical care. Black and Hispanic inmates are also more likely to receive punishment including the use of solitary confinement in administrative segregation units. I find, consistent with theories of representative bureaucracy that staffing characteristics also impact treatment decisions, with black and Hispanic staff members expressing lower preferences for punishment and prisons with higher percentages of black staff members utilize administrative segregation less.
I provide a historical overview of the changing social constructions of crime and prisons inside the United States, from colonial to present day America. I argue that the treatment of prisoners changes as our conception of crime changes. I discuss recent bipartisan attempts at prison reform and offer my own suggestions for reform of the American prison system.
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Freitas, Luciana de. "O que tem do outro lado da porta? Delegacia de Defesa da Mulher e acesso à justiça /". Franca, 2019. http://hdl.handle.net/11449/192741.
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Orientador: Ana Gabriela Mendes BragaResumo: O presente trabalho se concentra no estudo do Sistema de Justiça Criminal, através da análise dos mecanismos que se articulam por meio das práticas e discursos empregados pelas respectivas instituições e seus agentes. Situei o debate dentro da perspectiva de gênero, problematizando as representações e demandas das mulheres que chegam até o referido sistema de controle, dando enfoque aos cenários e atividades empreendidas pelas personagens atuantes na Delegacia de Defesa da Mulher. Sendo essa instituição um cenário rico na criação de interações subjetivas e relações de poder inerentes ao Sistema de Justiça Criminal, pretendi, a partir desse recorte, mapear o padrão normativo e institucional produzido pelas personagens que ali atuam, sejam elas policiais, escrivãs, delegadas, etc. Para tanto, foi empregada a metodologia empírica-indutiva de abordagem qualitativa, a partir de pesquisa de campo na Delegacia de Defesa da Mulher, buscando a observação de caráter etnográfico com anotações de campo, alinhada à cartografia deleuziana, utilizando, inclusive, imagens e ilustrações. Parti, enfim, do pressuposto de que a possibilidade desses deslocamentos discursivos reflete que o direito não é um aparelho fechado em si mesmo, mas aberto a reposicionamentos e reconstrução de identidades, criando subjetividades e posições do sujeito, delimitando espaços, formas de linguagem e respostas às pessoas que provocam o sistema jurídico.
Abstract: This work focuses on the study of the Criminal Justice System, through the analysis of the mechanisms that are articulated along the practices and discourses used by the respective institutions and their agents. The debate came up from a gender perspective, problematizing the representations and demands of the women who reach the control system, focusing on the scenario and activities undertaken by the characters in the Women's Defense Police Department. Considering the institution as a rich scenario in the creation of subjective interactions and power relations of the Criminal Justice System, I intended to map the normative and institutional patterns produced by the characters who work there. In order to do so, the empirical-inductive methodology of a qualitative approach was used, based on field research in the Women's Defense Police Department, through ethnographic observation with field notes, along with Deleuzian cartography, including images and illustrations. I have departed the assumption that the possibility of these discursive displacements reflects law not as closed apparatus in itself, but open to repositioning and reconstruction of identities, creating subjectivities and positions of the subject, delimiting spaces, forms of language and responses to the people who provoke the legal system.
Mestre
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Pacheco, Andreia Teixeira Moret. "Justiça restaurativa: uma possível alternativa a pena de prisão e sua utilização pelo poder judiciário". reponame:Repositório Institucional do FGV, 2012. http://hdl.handle.net/10438/9749.
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O presente trabalho tem por finalidade estudar a Justiça Restaurativa como uma alternativa a pena de prisão e sua utilização pelo Poder Judiciário. O trabalho foi realizado pelo modelo plan francês, desenvolvido em duas partes, uma parte teórica e uma prática; cada uma das partes foi dividida em dois capítulos. Na parte teórica, no primeiro capítulo foi estudada a justiça restaurativa, seus conceitos e peculiaridades, além de sua contextualização no universo jurídico. No segundo capítulo foram estudados os institutos da mediação e da conciliação, bem como à aproximação dos referidos institutos da justiça restaurativa. Na segunda parte, a prática; primeiramente abordamos o Projeto de Lei nº 7006/2006, que visa introduzir a Justiça Restaurativa em nosso sistema penal de forma institucionalizada e a Resolução nº 125 do Conselho Nacional de Justiça (CNJ). No segundo capítulo analisamos os programas de justiça restaurativa existentes no Brasil, a criação dos Núcleos de Mediação pelo Tribunal de Justiça do Estado do Rio de Janeiro; mapeamos a justiça restaurativa no Estado do Rio de Janeiro e não identificamos nenhum projeto em andamento. E por fim analisamos os indícios da Justiça Restaurativa existentes no Juizado Especial Criminal (JECRIM) da Barra da Tijuca, onde esse tipo de procedimento não existe de forma estruturada. Não existe um programa que dê aporte a prática, sendo utilizada, quando possível, como mais um instrumento para resolução dos conflitos, por meio da mediação penal.
The present work intends to study the restorative justice as an alternative to the imprisonment and its use by the Judiciary. The work has been done by the French model plan developed in two parts, one theoretical and one practical; each part was divided in two chapters. In the first chapter of the theoretical part, we studied the restorative justice, its concepts and peculiarities, besides its context in the legal universe. In the second chapter we studied the mediation and the conciliation as well as its approximation with the restorative justice. In the second part, the practical one, at first, we discussed the law project n° 7006/2006 that aims to introduce the restorative justice in our penal system in an institutionalized way and the resolution nº 125 of the National Council of Justice (CNJ).In the second chapter of the practical part we analyze the programs of restorative justice existent in Brazil, the creation of a Mediation Center by the Court of Justice of Rio de Janeiro; we map the restorative justice in the State of Rio de Janeiro and we could not identify any project in course. At last we analyze the traces of restorative justice that exist in the Special Criminal Court (JECRIM) in Barra da Tijuca- Rio de Janeiro, where this kind of procedure exists in a non structured way. There isn’t a program that contributes with the practice, being used, when possible, as an additional tool to the conflicts resolutions, by the penal mediation.
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Grevis-James, Nancy T. "The interactions between police and people with intellectual disabilities from the perspective of non - government organisations in QLD". Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/98750/4/Nancy_Grevis-James_Thesis.pdf.
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This qualitative study examined the multiple dynamics that surround the interactions between people with intellectual disability (ID) and police from the perspective of non-government organisations (NGOs) in Queensland. It was found that people with ID experience a complicated set of obstacles to a just and fair engagement with the Criminal Justice System that could be improved through effective relationships formed between NGOs and police.
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Kayani, Ahsan Ul Haq. "Governance and the rule of law in road safety institutions in Pakistan: Exploring legal, social and cultural factors relating to crash involvement, enforcement, and legal processes". Thesis, Queensland University of Technology, 2022. https://eprints.qut.edu.au/228733/8/Ahsan%20Ul%20Haq_Kayani_Thesis.pdf.
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This project adopted a mixed-method approach to investigate the characteristics of legal institutions of governance in Pakistan that are related to road safety and associated enforcement. Importantly, legal, social, and cultural factors are critical (but unacknowledged) barriers to governance excellence, effective traffic law enforcement, road crash investigations, and the judicial processes for dealing with offences. This research produced evidence-based recommendations to promote best practices, policies, and interventions to improve governance in road safety, and which are potentially relevant to other areas of institutional governance in Pakistan, and to countries with similar legal, cultural, social, and governance characteristics.
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Enarsson, Therese. "Brottsoffer i rättskedjan : en rättsvetenskaplig studie av förhållandet mellan brottsoffers rättigheter och rättsväsendets skyldigheter". Doctoral thesis, Umeå universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-79971.
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In recent decades the Swedish legislature has increasingly focused on the treatment of victims of crime and the information they receive. Victimology research has also shown the importance of treating victims with respect and of keeping them informed of their rights and the progress of their case throughout the process. The requirements thus set have to be met by all judicial actors, which presuppose a level of cooperation among them. Cooperation therefore constitutes one way of meeting victims' needs. In the current study these three factors; information, good treatment and cooperation, are referred to as victims’ rights. Studies have shown that victims experience shortcomings in the legal process regarding information and treatment. The causes of these shortcomings can be multiple, but from a legal point of view, however, the issue raises the question of whether there may be potential legal difficulties involved in incorporating adequate information and good treatment of crime victims into the judicial process. The purpose of this thesis is to study and analyse victims’ rights in the judicial process. As they are not without a legal context, these victims’ rights are analysed in relation to other legislation, principles and requirements that govern the functions of the judicial system, such as the duty of the police, prosecutors and courts to act objectively, conduct their work independently, and run an efficient legal process. The main question is whether the incorporation of victims’ rights conflicts with other rules and legal principles. The study concludes, inter alia, that victims’ rights concerning the treatment of victims and coordination of the work with victims is vaguely regulated and the intended meaning of the requirements are not clear, which may lead to problems when these requirements are incorporated into the justice system. Regarding information, treatment of victims and coordination and cooperation, little guidance is given about how to incorporate this at the local level. Informational requirements are expressed more clearly in the legislation, but how and to what extent information to victims should be given can still be a matter of interpretation on the part of the actors. The existence of local differences is therefore likely, which can affect the actual support that individual victims gain access to. The legislature could choose to further clarify and elaborate upon how victims’ rights issues relate to other aspects of the judicial process, how priorities or balancing of interests should be handled as well as to reveal the underlying motives for such considerations. Such clarification could possibly increase the consistency of the incorporation of victims’ rights, and transform abstract goals into concrete actions.
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Freston, Rodrigo Braga. "Combate ao crime organizado: um estudo do PCC e das instituições do sistema de justiça criminal". Universidade Federal de São Carlos, 2010. https://repositorio.ufscar.br/handle/ufscar/976.
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Previous issue date: 2010-03-04The purpose of our research is to study the characteristics and actions of the group known as Primeiro Comando da Capital (PCC), in their relations with the institutions of the criminal justice system (police subsystem and criminal justice, execution, and administration), and the ramifications of the series of attacks perpetrated by that organization between May and August of 2006. At first, we give a theoretical analysis of the police apparatus and organized crime to, in turn, investigate the emergence, structure, activities, and objectives of PCC. We also focus on the series of attacks on these dates, on their effects on the criminal organization and, above all, on the public institutions who combat them. We compare these institutions evolution and the relationship between them, attempting to establish the degree to which the series of attacks became a catalyst for institutional change and in what way it allowed for a greater approximation between the institutions that are a part of this system.
O propósito de nossa pesquisa é estudar as características e a atuação do grupo conhecido como Primeiro Comando da Capital (PCC), em sua relação com as instituições do sistema de justiça criminal (subsistemas policial e de justiça, execução e administração penal), assim como os desdobramentos da onda de ataques levada a cabo por aquela organização de maio a agosto de 2006. De início, procuramos realizar uma análise teórica do aparelho policial e do crime organizado para, em seguida, investigarmos o surgimento, estrutura, atividades e objetivos do PCC. Também focamos a onda de ataques comandada pelo PCC naquela data e os efeitos que esta teve sobre essa organização criminosa e, sobretudo, sobre as instituições públicas que travaram combate contra essa facção. Comparamos a evolução das instituições do sistema de justiça criminal e as relações que mantêm entre si, procurando estabelecer em que medida a onda de ataques serviu como catalisador de mudanças institucionais e de que forma ela possibilitou uma maior aproximação entre as instituições que compõem aquele sistema.
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Rendall, Michael John. "Cautionary tale : a systematic review of understanding the police caution for adults in the criminal justice system, and an examination of increasing listenability of the caution". Thesis, University of Edinburgh, 2018. http://hdl.handle.net/1842/33083.
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Rationale: Research has repeatedly demonstrated that people have difficulty understanding their interrogation rights, as presented in an orally presented police caution. There has been a limited amount of research into possible means of improving understanding, with the application of linguistic, listenability, techniques to caution wording proving most effective amongst students. Methods: This thesis systematically reviewed research exploring verbal caution comprehension amongst adults involved in the criminal justice system, to isolate possible predictors of performance. It then assessed understanding of the Scottish police caution amongst people with an intellectual disability and if this can be improved using a modified (listenability) version. Results: IQ and verbal comprehension appear to have a positive association with understanding. However, the reviewed literature tends to use broad inclusion criteria that may increase confounding variables and reduce opportunity to isolate further possible predictors. People with intellectual disabilities performed poorly in assessment of their understanding of the Scottish police caution, even when the modified version was used. This was despite every participant claiming they had understood. Conclusions: The thesis questions whether the use of a verbal police caution fulfils the intention of communicating interrogation rights as required by law. It suggests more research into caution comprehension is required, with more specific inclusion criteria, to help better understand variables that predict understanding. The relationship between verbal ability and IQ suggest efforts to improve comprehension should be directed to people who have challenges in these abilities, such as people with intellectual disabilities. This should ensure any improvements can benefit a greater number of people. The thesis' empirical study suggests the method found effective amongst students does not extend to people with intellectual disabilities.
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Gultekin, Kubra. "Knowledge Management and Law Enforcement: An Examination of Knowledge Management Strategies of the Police Information System (POLNET) in the Turkish National Police". Thesis, University of North Texas, 2009. https://digital.library.unt.edu/ark:/67531/metadc11040/.
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This research study explores knowledge management (KM) in law enforcement, focusing on the POLNET system established by the Turkish National Police as a knowledge-sharing tool. This study employs a qualitative case study for exploratory and descriptive purposes. The qualitative data set came from semi-structured face-to-face and telephone interviews, as well as self-administered e-mail questionnaires. The sample was composed of police administrators who created POLNET, working under the Department of Information Technologies and the Department of Communication. A content analysis method is used to analyze the data. This study finds that law enforcement organizations' KM strategies have several differences from Handzic and Zhou's integrated KM model. Especially, organizational culture and structure of law enforcement agencies differently affect knowledge creation, conversion, retrieval, and sharing processes. Accordingly, this study offers a new model which is dynamic and suggests that outcomes always affect drivers.
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Maele, Kgothatso Marry. "Community perceptions on vigilantism in Matome Village". Thesis, University of Limpopo, 2018. http://hdl.handle.net/10386/2332.
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Thesis (M. A. (Criminology and Criminal Justice)) -- University of Limpopo, 2018Vigilantism is a contentious issue that will persist into the future for as long as crime exists. This research aimed at determining community’s perception on vigilantism. The Criminal Justice System has failed community of Matome Village, in the sense that they lost trust and lacked confidence in CJS. Actions involved in vigilantism are not only an expression of people’s anger or frustration but also of their fear. This study adopted both qualitative and quantitative approaches. Probability sampling (Stratified sampling) was used to select participants. For qualitative approach an interview schedule with prearranged questions was conducted and used in both focus group1 and 2 interviews. Focus group 1 consisted of 10 participants, while focus group 2 consisted of 8 participants. For quantitative approach, 80 questionnaires with close-ended and open-ended questions were distributed among community members who took part in the study, and the aim was to get their opinions and experience of vigilantism. The data collected was analysed (thematic content analysis was used) and interpreted by copying exactly words that were said by the participants. The study documented the disadvantages and consequences of vigilantism to fill in the existing gaps of the dangers of vigilante incidents in the literature. Strain theory by Robert Agnew was applied as the suitable theory which best explains why people resort to partake in vigilantism. The research identified factors which contributed mostly to vigilantism, such as: a way of protection and desire for revenge (anger and frustration). KEY WORDS: Vigilantism, Crime, Culprit, Strain, Community participation, Matome Village, Criminal Justice System, Police Officers.
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Perona, Océane. "Le consentement sexuel saisi par les institutions pénales : Policiers, médecins légistes et procureurs face aux violences sexuelles". Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLV066.
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Cette thèse porte sur le traitement pénal des viols et des agressions sexuelles. Attachée au processus de qualification de ces violences sexuelles lors de la phase d’enquête, qui mobilise policiers, médecins légistes et procureurs, la recherche vise à faire la sociologie pénale de la notion de consentement : objet depuis longtemps de réflexions de théorie politique et de théorie du droit, le consentement est ici examiné comme objet vivant de l’enquête de police, de la consultation de médecine légale et de la mise en œuvre des poursuites par le parquet.Une ethnographie de dix mois a été conduite dans un service de police judiciaire d’une grande agglomération. Elle s’est accompagnée de la constitution d’une base de données à partir des dossiers traités par ce service. En parallèle, des entretiens ont été menés avec 18 policiers de trois Brigades des Mineurs, 10 médecins légistes, 10 magistrats du parquet, ainsi que 7 des membres d’une commission préfectorale d’action contre les violences faites aux femmes. Une observation des réunions de la commission a également été réalisée.La thèse montre que l’objectivation du non consentement par les acteurs pénaux emprunte trois voies. La première est celle de la violence et des corps : le non consentement est attesté par les traces laissées par la violence physique sur le corps des victimes. La seconde est relationnelle : la contrainte se déduit de l’analyse la relation entre le mis en cause et la plaignante, celle-ci étant entendue à la fois au sens de la nature du lien entre les parties, mais aussi de leurs positions respectives dans l’espace social. La troisième est celle des émotions : la plaignante doit faire la preuve de sa docilité et de sa souffrance en acceptant toutes les épreuves procédurales demandées par les acteurs pénaux.Ces différentes acceptions du non consentement et, partant, des violences sexuelles, varient suivant les contraintes institutionnelles et les professions des acteurs. Les policiers et les magistrats, qui ont rarement des jugements divergents sur les affaires, enquêtent à charge et décharge, sont plus susceptibles de remettre en cause la parole de la plaignante et sont orientés vers la recherche de la preuve, tandis que les médecins légistes considèrent qu’il ne leur appartient pas d’objectiver l’absence ou la présence d’un consentement. En outre, les féministes de la commission d’action contre les violences faites aux femmes contestent le cadrage policier des violences sexuelles car elles considèrent qu’il impute aux victimes la responsabilité de l’agression.Enfin, le travail de démonstration du consentement est un travail sur et avec des représentations de normes traditionnelles de sexualité. La sexualité des femmes et des adolescentes est située par les policiers et les magistrats dans la sphère de l’amour et des affects, tandis que celle des hommes est renvoyée du côté du besoin et de la pulsion. La thèse souligne l’intérêt des policiers des services étudiés pour la subjectivité féminine, ce qui est singulier dans une institution qui valorise la virilitéThis study addresses the handling of rape and sexual abuse by the criminal justice system. The legal characterisation of the facts regarding cases of sexual abuse was a crucial issue during the empirical research that was conducted for the purpose of this study among police officers, forensic doctors, and prosecutors. Consent has long been conceptualised from a political theoretic or legal theoretic perspective. This dissertation intends to analyse the concept of consent in light of sociology of law and examines it as an object involving police investigations, forensic medical examinations, and prosecution cases.A 10-month ethnographic research was conducted among the criminal police department of a big city in France. Using the complaints filed with this police department a data base was set up. In addition, a series of interviews were conducted with 18 police officers from three different child abuse investigation units, 10 forensic doctors, 10 prosecutors, and 7 members of a Prefectural committee developing actions fighting violence against women. 5 of their meetings were also observed.This dissertation shows that actors working in the criminal justice system have objectified what non-consent is in three distinct ways. First, actors objectify non-consent by violence: non-consent is evidenced by signs of violence on the body of victims. Second, non-consent is objectified by existing relationships: actors determine constraint by examining the nature of the relation between the respondent and the claimant as well as their respective position in social space. Third, actors objectify non-consent based on emotions: the claimant has to be docile and to openly share her pain while accepting the ordeals required by actors from the criminal justice system.These different interpretations of non-consent, and thus the different perceptions of sexual abuse, are variously distributed among actors according to their professional occupation and the institutional constraints they encounter. Police officers and prosecutors who investigate both incriminating and exonerating evidence are more likely to challenge the victim’s testimony and are more prone to look for pieces of evidence. In addition, the criminal justice system prevents police officers and prosecutors from developing different opinions on cases. In contrast, forensic doctors consider that it is not for them to evaluate whether there has been consent or not. Regarding feminist activists participating in the Prefectural committee fighting violence against women, they strongly question how police officers have framed sexual abuse and consider that this framing blames women for experiencing sexual abuse.Finally, proving the existence of consent is a task that questions the actors’ own traditional representations of sexuality. Women and adolescent girls’ sexuality is perceived by police officers and prosecutors as a personal matter related to love and affects. Men’s sexuality, however, is regarded as a need and sex drive. This dissertation eventually underlines the concern of police officers for feminine subjectivity, which is a singular thing in an institution rewarding masculinity
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Boston, Clarinèr Freeman. "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895". PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
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Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population.
The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions.
Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period.
Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.
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McGowan, John. "The emergence of modern civil police in Scotland : a case study of the police and systems of police in Edinburghshire, 1800-1833". Thesis, Open University, 1996. http://oro.open.ac.uk/57641/.
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Davis, G. Michael. "Exploring the Effects of Ex-Prisoner Reentry on Structural Factors in Disorganized Communities: Implications for Leadership Practice". Antioch University / OhioLINK, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1415706403.
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Watkins, Caitlin M. "Cultivating Resistance: Food Justice in the Criminal Justice System". Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pitzer_theses/32.
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This Senior Thesis in Environmental Analysis seeks to explore the ways in which certain food-oriented programs for incarcerated women and women on parole critically resist the Prison Industrial Complex and the Industrial Food System by securing social and ecological equity through the acquisition of food justice. It focuses on three case studies: the Crossroads’ Meatless Mondays program, Fallen Fruit from Rising Women: A Crossroads Social Enterprise, and Cultivating Dreams Prison Garden Project: An Organic Garden for Women in Prison. Each project utilizes food as a tool to build community, provide valuable skill sets of cooking and gardening, and educate women about the social, environmental and political implications of the Industrial Food System. Overall, the goal of this thesis is to prove the necessity of food justice programs in the criminal justice system in counteracting the disenfranchisement of certain populations that are continuously discriminated against in the industrialized systems of prison and food.
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Søndenaa, Erik. "Intellectual disabilities in the criminal justice system". Doctoral thesis, Norges teknisk-naturvitenskapelige universitet, Institutt for nevromedisin, 2009. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-5240.
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Agozino, Onwubiko. "Black women and the criminal justice system". Thesis, University of Edinburgh, 1995. http://hdl.handle.net/1842/26357.
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The objective of this dissertation is to demonstrate that victimisation is not punishment. Although this thesis statement sounds simplistic enough, there is a need to demonstrate its validity because the theory and practice of punishment focus exclusively on 'the punishment of offenders' as if anyone who is 'punished' is necessarily an offender. A review of the philosophy and theory of punishment reveals that the punishment of the innocent is conceptualised as a logical impossibility or contradiction because punishment is conventionally construed to presuppose an offence. The present dissertation argues that the punishment of the innocent is not always a mistake or a miscarriage of justice but also an inherent feature of the adversarial nature of criminal justice which assumes formal equality between parties who are substantively unequal in class, race and gender relations. This dissertation is guided by the assumption that the more central punishment is to any theory or practice of criminal justice the greater the tendency for that theory or practice to conceal or truncate relatively autonomous issues that are routinely packaged, with, and thereby colonised by, the conceptual empire of punishment. The historical materialist theory of the articulation of race, class and gender relations is applied here to show how poor black women in particular, poor black people and poor women in general, are uniquely vulnerable to victimization-as-punishment and victimization-in-punishment and how they struggle against these. The former refers to the 'punishment' of innocent people sometimes because they are close to targeted individuals and sometimes because they are framed and made to appear guilty. The latter refers to punishment which is unusual or out of proportion in relation to the nature of the offence. The concept of colonialism is employed in this thesis to underscore the close links between the law-and-order politics of today and the imperial traditions of the past and to emphasise the colonisation of relatively autonomous institutions and processes by the criminal justice system.
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Goodrum, Sarah Dugan. "Murder, bereavement, and the criminal justice system /". Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008338.
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Guilfoyle, Michael Hoag 1946. "Indians and criminal justice administration: The failure of the criminal justice system for the American Indian". Thesis, The University of Arizona, 1988. http://hdl.handle.net/10150/291683.
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The criminal justice administration has failed the American Indian. Since the usurpation of traditional tribal criminal justice management by the local, state, and federal criminal justice systems, the impacts of Indian crime have become epidemic. The American Indian has the highest arrest rates, alcohol-related crime, violent-related crime, and conviction rates of any group in the United States. Indians are 15% less likely to receive deferred sentences, and 15% less likely to receive parole. In addition, the Indian offender has the highest recidivism rate of any ethnic group in the United State. This paper discusses the problems of Indians in the criminal justice system at the adult and juvenile level. As recommendations it stresses the empowering of the Indian community, the greater autonomy of tribal courts, the concepts of alternative sentencing programs for Indian offenders, treatment as justice, and the idea that Indian people can take charge of this problem and do a better job in addressing their relatives.
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Poff, Lee. "College Students’ Attitudes Towards Police Officers and their Perceptions of Prison Systems". Digital Commons @ East Tennessee State University, 2020. https://dc.etsu.edu/honors/570.
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The current research seeks to study and gauge current perceptions of police among college students at East Tennessee State University. As well as studying perceptions of police among students, the research will compare police perceptions among students with student opinions on incarceration. Correlations will be attempted to be observed through various demographical characteristics and similar standardized viewpoints. This will build on prior research from Lim (2015) and others in which college students were used to gauge results around perceptions of police. It is important to understand college student perceptions on police and incarceration as they form the future work force and form a large voting bloc to impact policy in the future. Following this introduction, this thesis will cover an additional four sections.
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Brink, Ronelle Bonita. "The child accused in the criminal justice system". Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.
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The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as UNCRC) on 16 June 1995. The UNCRC provides a backdrop to section 28 of the Constitution of the Republic of South Africa Act.2 Article 3(1) of the UNCRC provides as follows: “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.” South Africa is therefore according to article 40(3) of the UNCRC obliged to “establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law”.3 In terms of article 40(1) of the UNCRC “State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”4 1 Adopted by the General Assembly resolution 44/25 on 20 November 1989. 2 The Constitution of the Republic of South Africa Act, Act 108 of 1996. Hereinafter referred to as the “Constitution”. 3 South Law Reform Commission Discussion Paper 96. 4 United Nations Convention on the Rights of the Child adopted by the General Assembly resolution 44/25 on 20 November 1989. iv Synopsis 2003 states that “the Ratification of the UNCRC by the South African government in 1995 set the scene for broad-reaching policy and legislative change”.5 The Constitution includes a section protecting children’s rights, which includes the statement that children have the right not to be detained except as a measure of last resort and then for the shortest appropriate period of time, separate from adults and in conditions that take account of his/her age. 6 After being off Parliament’s agenda since 2003, the Child Justice Act7 has recently been reintroduced. The Act aims to ensure consistent, fair and appropriate treatment of the child accused in conflict with the law. The question arises whether the South African Criminal Justice system involving the child accused adequately recognises and protects the interests of the child accused, particularly in view of the present international legal position.
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Allan, Laura. "Public history of the UK criminal justice system". Thesis, Open University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.539428.
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Pásara, Pazos Luis. "The victims within the reformed criminal justice system". Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115500.
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This article analyzes the negative impact of the reforms within the criminal systems in Latin America, both for those who suffer a crime, and those who are accused of having committed such crime. Supprted by empirical data, the author warns how the innovations of the reformed criminal proceedings (for example, the simplified court proceeding or the active role played by prosecutors), by enrolling into an authoritative legalculture, become in practice contrary to their likely design.El presente artículo analiza la incidencia negativa de las reformas llevadas a cabo en los sistemas penales de América Latina, tanto en relación a quien sufre un delito, como respecto a quien es acusado de haberlo cometido. Sustentado en información empírica, el autor advierte cómo las novedades del proceso penal reformado (por ejemplo, el procedimiento abreviado o el rol activo a desempeñar por los fiscales), al inscribirse en una cultura jurídica autoritaria, devienen en la práctica en formas contrarias a su diseño ideal.
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Anders, Bradley R. "Racial Profiling Policy and its Relation to Pro-Active Policing". ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/1107.
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To address the primary problem of racial profiling by police, many states have passed legislation that require police departments to collect demographic data on those with whom the officer comes into contact; these data are later evaluated by supervisors. The problem lies in the possibility for police officers to disengage, or depolice, when faced with data collection policies that may be viewed as lessening the officer's discretion. It was this potential to depolice as related to policy interpretation that formed the conceptual framework for this study. As a result, implementation of racial profiling policies may negatively impact the very minorities they are designed to protect. The purpose of this exploratory study was to identify and analyze the possible correlationship between statutory racial data tracking, the frequency of racial profiling discussion, the officer's time in policing, and history of disciplinary procedures for violating profiling policy in the decision to either stop or not stop a motorist when the race of that motorist is observed to be that of a racial and ethnic minority. A forward stepwise logistic regression was utilized to analyze data collected from a sample of 176 police officers in the Midwest recruited through police organizational contacts. The results showed the only significant predictor in a police officer's decision to stop or not stop a minority motorist was the presence of a state statute requiring the collection of racial profiling data. This information can be useful to administrators and policy makers in addressing allegations of racial profiling. Understanding the influence of mandated racial profiling data collection policies on police officer behavior offers potential explanation when analyzing individual officer minority contact ratios, and may prompt policy revision to effect equal treatment of all citizens regardless of race or ethnicity.
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Karanikolas, Spyridon. "The impact of EU criminal law on the Greek criminal justice system". Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1266.
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European Criminal Law has been one of the most rapid, remarkable, but at the same time controversial developments in the European Union having a significant impact on domestic criminal justice systems. Judicial and police cooperation in criminal matters soon became a fully-fledged policy of the European Union affecting the national sovereignty of Member States, the relationship between individuals and the States as well as the protection of fundamental rights. My thesis examines the development of EU criminal law towards the creation of a European "Area of Freedom, Security and Justice" (via mutual recognition and the harmonization of substantive criminal law) and its impact on the Greek criminal justice system. In assessing the overall above mentioned question, I examine how EU criminal law has developed; what have been the main political and legal challenges for the implementation in Greece; to what extent, and how, the Greek Legislator has implemented EU law in the field of mutual recognition and harmonization, and, last, but not least, what has been the judges', practitioners' and academics' reaction to this development. The thesis has two parts: one on mutual recognition and one on the harmonization of substantive criminal law. Chapter one explores the main issues regarding the scope, extent, and nature of the principle of mutual recognition at EU level. Chapter two explores the main issues related to the impact as well as the practical operation of the principle of mutual recognition in the Greek Jurisdiction. Chapter three, then, turns its interest on harmonization of substantive criminal laws from the EU point of view. Finally, Chapter four focuses on the impact of the implementation of the EU harmonization system on the Greek Jurisdiction with regard to the same areas of substantive criminal laws, as discussed in chapter three. These chapters are then followed by a conclusion aiming to synthesize and highlight the main issues that have arisen during the analysis of this thesis and answer the main question: "What has been the impact of EU Criminal Law on the Greek Criminal Justice System?"
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Pisani, Beatrice. "The System of the International Criminal Court: Complementarity in International Criminal Justice". Doctoral thesis, Università degli studi di Trento, 2012. https://hdl.handle.net/11572/368372.
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Complementarity, the mechanism that regulates the exercise of the concurrent jurisdiction between the International Criminal Court (ICC) and national courts, constitutes one of the key features of the ICC, if not the cardinal one. As such, it keeps attracting the attention of both scholars and practitioners. In addition to the studies related to the interpretation of the statutory provisions - which leave numerous unanswered questions - complementarity has been object of growing attention in relation to its catalyst effects in fostering States' compliance with their duty to prosecute. The first years of activities of the Court have shown the exceptional character of judicial assessments of complementarity; meanwhile, the relevance of prosecutorial assessments of admissibility has emerged. In this context, the complementary nature of the Court, and its relevance in terms of prosecutorial assessments of admissibility, became evident. Starting from the idea that the Court shall encourage the performance of proceedings at the national level, complementarity has been progressively seen as a tool to strengthen domestic jurisdictions, under the concept of “positive†or “proactive†complementarity.
This work explores the multifaceted aspects, meanings and functions assigned to complementarity. While acknowledging that complementarity operates in two dimensions - a strict legal one, related to judicial assessments of admissibility - and a broader one, which attains to the ICC prosecutor's consideration of complementarity when selecting the situations and cases to be brought before the Court, this thesis questions whether complementarity can be associated to capacity building functions, and, more generally, to a Court's direct role in overcoming states' inability and unwillingness to prosecute. Based on a throughout analysis of the legal framework, the drafting history and the ICC practice, this thesis suggests that complementarity is a concrete notion, i.e., the mechanism that regulates the exercise of concurrent jurisdiction between the Court and States. Compared to other mechanisms for the allocation of concurrent jurisdiction, such as primacy, it undoubtedly retains a component that fosters dialogue between the Court and states. However, all initiatives aimed at strengthening states' ability and willingness to investigate and prosecute, undertaken directly by organs of the Court or by other, external actors, do not directly depend on alleged effects of complementarity. It is the very existence of the Court, and the commitment to end impunity for the perpetrators of international crimes of all components of the system of justice created through its establishment, that fosters all these, welcomed, initiatives.
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Pisani, Beatrice. "The System of the International Criminal Court: Complementarity in International Criminal Justice". Doctoral thesis, University of Trento, 2012. http://eprints-phd.biblio.unitn.it/744/1/Thesis_Complementarity__Pisani.pdf.
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Complementarity, the mechanism that regulates the exercise of the concurrent jurisdiction between the International Criminal Court (ICC) and national courts, constitutes one of the key features of the ICC, if not the cardinal one. As such, it keeps attracting the attention of both scholars and practitioners. In addition to the studies related to the interpretation of the statutory provisions - which leave numerous unanswered questions - complementarity has been object of growing attention in relation to its catalyst effects in fostering States' compliance with their duty to prosecute. The first years of activities of the Court have shown the exceptional character of judicial assessments of complementarity; meanwhile, the relevance of prosecutorial assessments of admissibility has emerged. In this context, the complementary nature of the Court, and its relevance in terms of prosecutorial assessments of admissibility, became evident. Starting from the idea that the Court shall encourage the performance of proceedings at the national level, complementarity has been progressively seen as a tool to strengthen domestic jurisdictions, under the concept of “positive” or “proactive” complementarity.
This work explores the multifaceted aspects, meanings and functions assigned to complementarity. While acknowledging that complementarity operates in two dimensions - a strict legal one, related to judicial assessments of admissibility - and a broader one, which attains to the ICC prosecutor's consideration of complementarity when selecting the situations and cases to be brought before the Court, this thesis questions whether complementarity can be associated to capacity building functions, and, more generally, to a Court's direct role in overcoming states' inability and unwillingness to prosecute. Based on a throughout analysis of the legal framework, the drafting history and the ICC practice, this thesis suggests that complementarity is a concrete notion, i.e., the mechanism that regulates the exercise of concurrent jurisdiction between the Court and States. Compared to other mechanisms for the allocation of concurrent jurisdiction, such as primacy, it undoubtedly retains a component that fosters dialogue between the Court and states. However, all initiatives aimed at strengthening states' ability and willingness to investigate and prosecute, undertaken directly by organs of the Court or by other, external actors, do not directly depend on alleged effects of complementarity. It is the very existence of the Court, and the commitment to end impunity for the perpetrators of international crimes of all components of the system of justice created through its establishment, that fosters all these, welcomed, initiatives.
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Caruana, Mireille M. "Privacy and ICTs in a changing world: differing European approaches to uses of personal data in the criminal justice sector". Thesis, University of Bristol, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.679959.
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There is an inherent and inevitable tension between police powers and human rights. Adequate police powers are necessary to allow the police to fulfil their tasks; but exercise of such powers will necessarily interfere with the right of respect for private life and must therefore be proportionate to the aim to be achieved. The fundamental argument underlying this thesis is that privacy is valuable, either in its own right, or as a necessary prerequisite for sustaining more fundamental rights. Yet privacy also has costs: the greater the individual 'sphere of privacy', the narrower the scope for obta ining and utilising personal data for societal ends e.g. in this context the suppression or punishment of criminality. It is necessary, therefore, at an early stage in the thesis to undertake a contextual overview of expressions of the concept and value of privacy in Western liberal democracies. Establishing why privacy and privacy rights may be worthy of defence, both for individuals as well as for society as a whole, provides a framework for determining what must necessarily fall within the scope of privacy for that value to be realised . This thesis advocates an approach based on the identification and application of a general underlying principle of privacy and the shaping of the future evolution of the law in line with such a principle. New police information systems or new forms of personal data processing for police purposes do not emerge into an informational vacuum; on the contrary, they merge with and draw upon existing systems of data collection and processing, which are themselves evolving, e.g. computer records of people's bank transactions, their telephone calls, their activity on the Internet, their medical conditions, their education and employment histories etc. The thesis thus provides an overview of the pan-European police information systems already deployed, or planned to be deployed, with the aim of creating for the reader a cognitive map of a complex interaction of systems within which personal data is already collected, stored, shared and/or exchanged on a daily basis, exploring along the way the data protection regimes within those structures. The central themes of the thesis rest upon analysis of the influence of the CoE Recommendation R(87)15 on Regulating the Use of Personal Data in the Police Sector which provides a sector-specific application of the data protection principles established in the CoE Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. To provide the reader with context for interpreting the empirical research findings, the thesis traces the history of the drafting of Recommendation R(87}15, based on research amongst materials drawn from the CoE's archives in Strasbourg. The findings of the empirical research - resulting from analysis of responses to a questionnaire deployed to Data Protection Authorities or Ministries of Justice in all member States of the CoE, exploring the implementation or otherwise of R(87}15 in each State - provide, for the first time, in a snap-shot, a census of where European legislation stands as regards processing of personal data for police purposes, as the European Union progresses beyond the first pillar/third pillar dichotomy in the post-Lisbon Treaty era. To further inform this analysis, the questionnaire findings were supplemented by in-depth semistructured interviews with domain experts from national data protection authorities, or law enforcement authorities, in select States. ii Based on the forgoing analysis, the thesis outlines aspects of the current legal regime that should be updated or improved, primarily in the context of the reform of the EU data protection framework, with a special focus on data processing in the police and criminal justice sector. This analysis identifies the extent to which the principles of Recommendation R(87)15 have been adopted, adapted, strengthened, weakened or abandoned in the current EU reform proposals. The provisions of Recommendation R(87)15, especially those which reinforce the principles of necessity, proportionality and purpose-specification/limitation are "an inalterable necessary minimum," 1 even for police and security forces. Yet it is argued that this "necessary minimum" is too minimal, and that changed circumstances make it advisable to further strengthen and expand the provisions of Recommendation R(87)15. The thesis concludes that the central question to be asked when restrictions on a fundamental right are concerned is: "How much limitation of a fundamental right is permissible in a democratic constitutional state in which fundamental rights are a constitutive element?" As such it is a modest contribution to the big questions facing our societies regarding the kind of society we want to build, and the kind of policies we need to put in place to reach our goals.
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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system". Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.
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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.
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Stroud, Robert Allan. "The criminal justice system, now and in the future". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq24927.pdf.
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Zheng, Xi. "Reforming injustices within the criminal justice system in China". online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?MR18856.
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練錦鴻 i Kam-hung Ernest Michael Lin. "Treatments of rape victims in the criminal justice system". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31977935.
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Gill, Martin Laurence. "Voluntarism and the criminal justice system : a comparative analysis". Thesis, University of Plymouth, 1986. http://hdl.handle.net/10026.1/735.
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This thesis comparatively evaluates three groups of volunteers working within the criminal justice system in the South West of England. The groups chosen - probation Voluntary Associates, police Specials and Victims Support Scheme Volunteers - incorporate parties working with the offender, the public and the victim, ie those most closely identified with the judicial process. To date, research in both Britain and abroad has chosen to focus on a single agency which has limited our understanding of voluntarismo Nevertheless, most have identified a number of issues pertaining to the use of volunteers. Through a consideration of the type of work undertaken, motivations, who volunteers, recruitment, selection and training, and the role of the professional, this thesis attempts to link and examine these issues, to illustrate that it is possible to theorise about voluntary activity in a criminal justice context. Via interviews with 164 volunteers supported by extensive observation it has been possible to gain a more detailed insight into voluntary activity than had previously been contemplated. The findings revealed that within each organisation there. ý exists a volunteer sub-culture, (abbreviated to volunculture), which conforms to the ideology of the agency. Where a volunculture is strong, as in the case of the Specials then commitment is high; where a volunculture is weak commitment is likely to be low. The study moves on to consider the ways in which organisational policy can and does affect not only the formationof-a volunculture, _ but also its degree of strength or weakness. It is shown that presently most organisations pay lip service to the notion of using volunteers, reflected in the low status they are accorded within agency priorities. It is argued that until this is realised the wealth of helping potential that exists within communities can never be brought to the fore. Recommendations derived from volunteer perceptions and organisational policies are offered as pathfinders to achieving this objective.
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Barrett, Andrew A. "The system of criminal justice in Cheshire, 1820-75". Thesis, Keele University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336996.
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Lin, Kam-hung Ernest Michael. "Treatments of rape victims in the criminal justice system". [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14804529.
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Werner, Emily. "Media Effects on Attitudes Towards the Criminal Justice System". Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/honors/299.
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This study investigated the effect of media on attitudes toward the criminal justice system. A survey was administered to 167 undergraduate students at East Tennesse State University in criminal justice and fine and performing arts classes. Respondents were asked how much television they watch, what their primary news source was, and how accurate crime-related television programs are. Multivariate analysis showed that age and major affected attitudes more than media consumption.
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Eastwood, Christine J. "Surviving child sexual abuse and the criminal justice system". Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36578/1/36578_Digitised%20Thesis.pdf.
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This thesis examines the experiences of twelve young women involved in the prosecution of childhood sexual abuse. On the substantive level, the significant criminal justice processes as well as the consequences of their involvement in the justice system are discussed. In order to accurately reflect the depth and power of the stories of the young women, the methodology involves a six-stage interview process with each participant, and also incorporates data gathered from parents, fresh complaint witnesses, court support workers and legal personnel.
On the theoretical level, the study focuses on the manner in which the justice process intersects with the interconnected identities of female, child and person who has been sexually assaulted. Basically, this thesis argues that the criminal justice system is not only unable to deal with the psychological and developmental needs of the female child who has been sexually abused, but indeed, the process itself further abuses the child.
In an area fraught with ethical and legal difficulties, the ground-breaking nature of this research emanates from the experiences of the young women as told from their own perspectives. This thesis is further reinforced by the strong theoretical analysis and framework which encourages new ways of conceptualising their experiences. The thesis concludes with some recommendations which may improve the future treatment of child complainants of sexual abuse in the justice system, and also identifies suggestions for further research.