Дисертації з теми "Criminal justice"
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1
Glazebrook, S. G. M. "Justice in transition : Crime, criminals and criminal justice in Revolutionary Rouen, 1790-1800." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384068.
2
Travis, Lawrence F., and Bradley D. Edwards. "Introduction to Criminal Justice." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/032329071X.
Анотація:
This student-friendly introductory text describes the criminal justice process―outlining the decisions, practices, people, and issues involved. It provides a solid introduction to the mechanisms of the criminal justice system, with balanced coverage of the issues presented by each facet of the process, including a thorough review of practices and controversies in law enforcement, the criminal courts, and corrections.https://dc.etsu.edu/etsu_books/1022/thumbnail.jpg
3
Lytle, Daniel J. "Decision Making in Criminal Justice Revisited: Toward a General Theory of Criminal Justice." University of Cincinnati / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1367927805.
4
Bennett, Sarah. "Criminal careers and restorative justice." Thesis, University of Cambridge, 2008. https://www.repository.cam.ac.uk/handle/1810/252102.
Анотація:
In 2004, the Justice Research Consortium (JRC) completed a randomised controlled trial testing the crime reduction effects of restorative justice conferences. Burglary and robbery offenders and victims who agreed to participate in the trial were randomly assigned to either a face to face conference (experimental) in addition to normal court proceedings or to a control condition where their case proceeded as usual through London’s Crown Courts. Restorative justice has been shown to be effective at reducing reoffending in some contexts. More research is needed, however, to determine why some individuals taking part in restorative justice desist from offending whilst others reoffend quickly. Research suggests individual characteristics such as gender, race and age, criminal history features such as frequency, seriousness, and custody, and ancillary factors such as drug use and victimization can have an impact on offending, and this thesis investigates the extent to which these variables predict time to reoffending. Using survival analysis, this thesis also explores whether, in a sample of serious adult offenders, the effects of restorative justice on time to reoffending are different at different values of these variables. Key findings include: In the burglary experiment, female offenders reoffended significantly faster than males, and females in the control condition reoffended twice as fast as females in the experimental condition. The higher the frequency of arrests or convictions, and/or the greater the seriousness of offending prior to random assignment, the faster project offenders reoffended. Highly frequent and highly serious offenders (based on criminal history prior to random assignment) took significantly longer to reoffend in the experimental condition than the control condition. Offenders who were identified as using crack, heroin, or crack and heroin, reoffended at a faster rate if they were in the experimental conference group. This effect was significant in the robbery experiment.
5
Watkins, Caitlin M. "Cultivating Resistance: Food Justice in the Criminal Justice System." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/pitzer_theses/32.
Анотація:
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.
6
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.
Анотація:
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.
7
Whitehead, John T., and Steven P. Lab. "Juvenile Justice: An Introduction." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/B00TU4G0I8.
Анотація:
Juvenile Justice: An Introduction, 8th edition, presents a comprehensive picture of juvenile offending, delinquency theories, and how juvenile justice actors and agencies react to delinquency. It covers the history and development of the juvenile justice system and the unique issues related to juveniles, offering evidence-based suggestions for successful interventions and treatment and examining the new balance model of juvenile court.
This new edition not only includes the latest available statistics on juvenile crime and victimization, drug use, court processing, and corrections, but provides insightful analysis of recent developments, such as those related to the use of probation supervision fees; responses to gangs and cyber bullying; implementing the deterrence model (Project Hope); the possible impact of drug legalization; the school-to-prison pipeline; the extent of victimization and mental illness in institutions; and implications of major court decisions regarding juveniles, such as Life Without Parole (LWOP) for juveniles.
Each chapter enhances student understanding with Key Terms, a "What You Need to Know" section highlighting important points, and Discussion Questions. Links at key points in the text show students where they can go to get the latest information, and a comprehensive glossary aids comprehension.https://dc.etsu.edu/etsu_books/1008/thumbnail.jpg
8
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.
9
Londono, Patricia. "Women, human rights and criminal justice." Thesis, University of Oxford, 2005. https://ora.ox.ac.uk/objects/uuid:a732023d-2de0-40cd-b132-9caa0df73135.
Анотація:
This thesis aims to contribute to the development of arguments that better incorporate women into the existing human rights paradigm. The human rights analysis is developed in relation to two substantive areas: sexual violence and female prisoners' rights. The first chapter questions whether the current human rights paradigm can address women's human rights claims, or if this discourse should be abandoned altogether. It sets out a number of feminist theories, showing how they evolved, analysing their strengths and weaknesses, and assessing them against the subject matter of the thesis. The strength of the human rights paradigm is examined with reference to the criticisms of liberal legal theory: the dependence on notions of negative freedom; the separation of public and private spheres of life; the emphasis on the neutrality and rationality of the liberal individual; and the focus on formal equality. The manner in which the substantive law of rape is dealt with in human rights jurisprudence is analysed. The potential for human rights jurisprudence to affect the Sexual Offences Act 2003 is considered, particularly in relation to the new definition of consent. A new procedural framework for the handling of rape cases is developed. By drawing on the work of Alexy, it is argued that notions of rights within ECHR jurisprudence ought to be more subjective, enabling complainants to raise human rights claims in the context of criminal trials. A framework for the reconciliation of positive duties owed to defendant and complainant under the Convention is proposed. Similarly, the thesis analyses the substantive case law in relation to prisoners' rights, and its potential for addressing the rights of female prisoners. Finally, it is argued that ECHR jurisprudence needs to be developed further to address the substance of proportionate sentences, as opposed simply to the procedural aspects of sentencing decisions.
10
White, Vernon. "Restorative justice, resolution of criminal conflict." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62042.pdf.
11
Miller, Larry S., and John T. Whitehead. "Report Writing for Criminal Justice Professionals." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1455777692.
Анотація:
The criminal justice process is dependent on accurate documentation. Criminal justice professionals can spend 50-75% of their time writing administrative and research reports. Report Writing for Criminal Justice Professionals, Fifth Edition provides practical guidance--with specific writing samples and guidelines--for providing strong reports. Much of the legal process depends on careful documentation and the crucial information that lies within, but most law enforcement, security, corrections, and probation and parole officers have not had adequate training in how to provide well-written, accurate, brief, and complete reports. Report Writing for Criminal Justice Professionals covers everything officers need to learn--from basic English grammar to the difficult but often-ignored problem of creating documentation that will hold up in court. This new edition is updated to include timely information, including extensive coverage of digital reporting, updates on legal issues and privacy rights, and expanded coverage of forensics and scientific reporting.https://dc.etsu.edu/etsu_books/1014/thumbnail.jpg
12
Braswell, Michael, Larry Miller, and Joycelyn Pollock. "Case Studies in Criminal Justice Ethics." Digital Commons @ East Tennessee State University, 2012. http://amzn.com/1577667476.
Анотація:
Building on the success of the popular first edition, the authors provide hypothetical criminal justice scenarios for analysis, having found in their experience as teachers that the process adds depth and dimension to the study of justice and ethics. This expanded second edition offers ten new cases addressing the intricate process of moral and ethical decision making. Focusing on both personal and social context, the authors explore true-to-life situations and encourage readers to think about the possible consequences that could result from the choices they make.https://dc.etsu.edu/etsu_books/1032/thumbnail.jpg
13
Miller, Larry S., and John T. Whitehead. "Report Writing for Criminal Justice Professionals." Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etsu_books/160.
Анотація:
The criminal justice process is dependent on accurate documentation. Criminal justice professionals can spend 50–75 percent of their time writing administrative and research reports. The information provided in these reports is crucial to the functioning of our system of justice. Report Writing for Criminal Justice Professionals, Sixth Edition, provides practical guidance—with specific writing samples and guidelines—for providing strong reports. Most law enforcement, security, corrections, and probation and parole officers have not had adequate training in how to provide well-written, accurate, brief, and complete reports. Report Writing for Criminal Justice Professionals covers everything officers need to learn—from basic English grammar to the difficult but often-ignored problem of creating documentation that will hold up in court. This new edition includes updates to reference materials and citations, as well as further supporting examples and new procedures in digital and electronic report writing.https://dc.etsu.edu/etsu_books/1178/thumbnail.jpg
14
Van, Nevel Jolene M. "From Combat Veterans to Criminals: Posttraumatic Stress Disorder and Criminal Justice Involvement." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4183.
Анотація:
Posttraumatic stress disorder (PTSD) is currently known as the silent killer among combat veterans who have served in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation New Dawn. Many combat veterans do not know or understand that they may be suffering from mental illness/disorders such as PTSD and turn to maladaptive behavior, resulting in criminal justice involvement (CJI). The goal of this study was to assess a relationship between PTSD and CJI among combat veterans. This study used cognitive behavior theory to understand the relationship between PTSD, CJI, and combat. This study used a predictive correlational design and statistical analysis of retrospective archival data (N=146) provided by the Department of Veteran Affairs to find the correlation between PTSD, CJI, and combat. The 5 research questions were: Does PTSD positively predict CJI in combat veterans? Does criminal history pre combat positively predict CJI in combat veterans who have PTSD? Does combat trauma experience positively predict CJI in combat veterans with PTSD? Does deployment length positively predict PTSD in combat veterans? And do multiple deployments positively predict PTSD in combat veterans? This study determined that PTSD did not significantly predict CJI and that criminal history did not predict PTSD. However, this study did predict that multiple deployments and length of deployment does predict PTSD in combat veterans. This study provides a way to bring change to how veterans are treated in the criminal justice system. This is important for many reasons, such as the positive social change it will have on the veteran community through providing insight on the changes that need to be made in PTSD awareness education and possible change in assessment and treatment of PTSD.
15
Torrens, Shannon Maree. "Interrogating International Criminal Law through the Lens of Justice as Process: From Justice Beliefs to Justice Legacies." Thesis, The University of Sydney, 2019. https://hdl.handle.net/2123/21862.
Анотація:
International criminal law is at a crucial juncture in its history and progression. The year 2019 marks 26 years since the creation of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) and the commencement of the modern international criminal law project. In surveying the expanse of international criminal law at this time, it is clear that this project is at a crossroads, marked by a sense of transition and crisis. This stands in stark contrast to the jubilation and optimism that accompanied the creation of the ICTY. This thesis seeks to examine, analyse, and ultimately account for the forces that have driven international criminal law to this point. It does so using a unique methodological framework, which centres around an understanding of justice as a process. This process involves taking abstract beliefs about what is just (which we might term ‘justice beliefs’), focusing these into concrete aims for a particular international criminal tribunal (‘justice aims’), and embodying those aims in particular models and techniques to deliver justice (‘justice models’ and ‘justice techniques’), in order to deliver practical outcomes that ensure lasting legacies of justice (‘justice legacies’). Analysing the purposes and practices of the international criminal tribunals (‘ICTs’) through the lens of this ‘justice progression’, by examining the operation of the ICTs at each stage of this process, offers new insights into the operation of the ICTs, and reveals some of the hidden causes of the systemic problems they face. In particular, it reveals that at each stage of this ‘justice progression’ the ICTs fail to live up to the standards (beliefs, aims, models, techniques and legacies) that they set for themselves. This is due both to practical difficulties in implementation and, perhaps more significantly, flaws and assumptions implicit in those standards themselves, which skew the operation of the ICTs in particular, often problematic, ways.
16
Gallavin, Christopher. "The International Criminal Court : friend or foe of international criminal justice?" Thesis, University of Hull, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.418822.
17
Hauck, Maria. "Rethinking small-scale fisheries compliance : from criminal justice to social justice." Doctoral thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/6067.
Анотація:
Includes abstract.Includes bibliographical references (p. 226-252).
Fisheries compliance theory has evolved over the past two decades in an attempt to understand the factors that influence fishers’ behaviour and to develop appropriate strategies to enhance compliance. However, much of this research, which draws on both rationalist and normative perspectives, has largely focussed on the industrial fisheries. Empirical research on the small-scale fisheries sector, therefore, has been lacking. The overall aim of this thesis has been to develop a conceptual framework for understanding and addressing small-scale fisheries compliance by drawing on experiences in South Africa. This has been achieved through a detailed investigation of two small-scale fisheries case studies, as well as a review of the small-scale fisheries sector generally. The findings from this research have emphasised the need to rethink ourunderstanding of fisheries compliance in the small-scale sector. By drawing onempirical evidence, as well as the literature review, a conceptual framework has beendeveloped that enhances existing compliance theory. This study highlights that anunderstanding of compliance behaviour first requires a critical analysis of how lawhas evolved, its history and the power dynamics that have shaped it. The conceptualframework further emphasises the need to understand compliance within a fisherysystem, acknowledging that social, economic, institutional and biophysical factors allimpact on whether or not fishers’ comply with rules and laws. By applying theconceptual framework to two case studies in South Africa, key drivers that influencefisher behaviour over time are identified and changes within the fishery system areanalysed and documented. This thesis has also contributed to fisheries compliancetheory by identifying the underlying principles that are seen as necessary to guide an alternative and more integrated approach to small-scale fisheries compliance. In addition to the principles of legitimacy and deterrence, which are incorporated into existing theories of compliance, this study emphasises that the principle of social justice is required to develop a more holistic approach to understanding and addressing small-scale fisheries compliance. By embracing these principles, it is argued that fisheries policies will shift away from a sole reliance on criminal justice to achieve compliance, to a more integrated approach that aims to sustain the fishery system as a whole.
18
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/.
Анотація:
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.
19
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/.
Анотація:
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.
20
Dijxhoorn, Ernst. "International criminal justice, quasi-state entities and legitimacy : the impact of international criminal justice on quasi-state entities." Thesis, King's College London (University of London), 2014. https://kclpure.kcl.ac.uk/portal/en/theses/international-criminal-justice-quasistate-entities-and-legitimacy(64a3160c-8c50-4f1f-a691-1cccc68ae56d).html.
Анотація:
International criminal justice can have intended and unintended impact on the legitimacy of quasi-state entities (QSEs). ‘Quasi-state entity’ is a novel concept introduced to distinguish actors in statehood conflicts that aspire to statehood, fulfil statehood functions to a greater or lesser degree, including, notably, the capacity and willingness to employ organised, restrained coercive violence, but which lack the status of sovereign statehood. QSEs overlap with, but are importantly and conceptually distinct from, nationalist movements, de facto states and rebels or insurgents. Legitimacy is a prerequisite for success, both for QSEs and for state entities. The legitimacy of an entity, its institutions and actions, in a certain constituency, at a certain moment, is difficult to ascertain, in its positive form. Legitimacy is best gauged by its actual or potential absence, at moments where an entity faces legitimacy crises, and where impact can be gauged through empirical observation of behaviour and in changing narratives and counter-narratives of legitimacy. International criminal procedures present direct legitimacy challenges for QSEs and (or) their adversaries. Legitimacy crises reveal both intended and unintended effects of international criminal justice on the legitimacy – and, so, the success, of QSEs.
21
Dijxhoorn, Ernst Edward Alexander. "International criminal justice, quasi-state entities and legitimacy : the impact of international criminal justice on quasi-state entities." Thesis, King's College London (University of London), 2014. http://kclpure.kcl.ac.uk/portal/en/theses/international-criminal-justice-quasistate-entities-and-legitimacy(90132a7c-2fcb-4f16-a863-db536c6efe42).html.
Анотація:
International criminal justice can have intended and unintended impact on the legitimacy of quasi-state entities (QSEs). ‘Quasi-state entity’ is a novel concept introduced to distinguish actors in statehood conflicts that aspire to statehood, fulfil statehood functions to a greater or lesser degree, including, notably, the capacity and willingness to employ organised, restrained coercive violence, but which lack the status of sovereign statehood. QSEs overlap with, but are importantly and conceptually distinct from, nationalist movements, de facto states and rebels or insurgents. Legitimacy is a prerequisite for success, both for QSEs and for state entities. The legitimacy of an entity, its institutions and actions, in a certain constituency, at a certain moment, is difficult to ascertain, in its positive form. Legitimacy is best gauged by its actual or potential absence, at moments where an entity faces legitimacy crises, and where impact can be gauged through empirical observation of behaviour and in changing narratives and counter-narratives of legitimacy. International criminal procedures present direct legitimacy challenges for QSEs and (or) their adversaries. Legitimacy crises reveal both intended and unintended effects of international criminal justice on the legitimacy – and, so, the success, of QSEs.
22
Rosa, Larissa [UNESP]. "O modelo consensual de justiça criminal e a vítima de crime." Universidade Estadual Paulista (UNESP), 2016. http://hdl.handle.net/11449/144027.
Анотація:
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O presente trabalho tem por objeto a análise do modelo consensual de justiça criminal como alternativa para o sistema penal retributivo-punitivo, enfatizando o importante papel que a vítima exerce na construção deste novo sistema de resolução de conflitos no âmbito criminal. Parte-se da vertente vitimológica de inclusão, que incentiva a valorização da vítima sem defender a exclusão ou redução dos direitos do acusado, e da realidade brasileira, considerando a adoção do sistema consensual na situação em que ele coexiste com o sistema criminal tradicional. Assim sendo, não se parte de uma proposta abolicionista. Pretende-se, sob uma perspectiva vitimológica, analisar qual é o papel da vítima para a elaboração de políticas criminais efetivas e para a legitimação da atuação estatal na esfera criminal e quais são os principais motivos para a crise do modelo de justiça retributivo-punitivo, partindo-se da ideia de que a vítima é importante instância de controle. Busca-se a análise dos princípios, fundamentos, valores e práticas propostos pelo modelo consensual de justiça criminal, especialmente aqueles referentes à justiça restaurativa, partindo-se da noção geral de que este modelo sustenta uma política criminal de valorização da vítima e do diálogo entre as partes. As principais críticas feitas à adoção do modelo de justiça restaurativa são estudadas, a fim de compreender a viabilidade da proposta consensual. Por fim, situa-se a realidade brasileira com relação à adoção de legislações e práticas consensuais, destacando-se o cenário após a Lei n. 9.099/95. Pondera-se sobre os pontos positivos e negativos da adoção de um modelo restaurativo, na intenção de se concluir pela sua aplicabilidade no Brasil, sem desconsiderar a realidade punitiva e de desigualdades existente. Para atingir os objetivos propostos, o método adotado foi o dedutivo e a técnica utilizada foi de pesquisa bibliográfica, com abordagem teórica e descritiva, partindo-se das hipóteses de que o modelo retributivo-punitivo não integra a vítima à resolução dos conflitos penais e aí reside um dos motivos para a sua crise; e de que o modelo consensual possibilita a integração da vítima ao procedimento penal e é compatível com a realidade brasileira. Conclui-se que é necessária uma sistematização legal da justiça restaurativa, que utilize uma nova linguagem, refute estereótipos, sustente a preparação contínua de seus profissionais, proponha um procedimento flexível e incentive o diálogo e a participação efetiva das partes na resolução do conflito penal. Contudo, defende-se que não basta que os institutos e práticas consensuais-restaurativos estejam previstos legalmente, é preciso que os seus valores sejam respeitados na prática, reduzindo-se a adoção de momentos processuais isolados, que funcionam como mera formalidade ou etapa de um processo que pretende somente a punição do acusado. A justiça restaurativa não pode ser vista como a solução para todos os problemas criminais brasileiros, mas seus ideais, se corretamente implementados, têm o potencial de transformar a forma como são enxergados o crime e a importância das partes para a resolução do conflito penal, especialmente a vítima.
This study aims to analyze the consensual model of criminal justice as an alternative to retributive-punitive criminal system, emphasizing the important role that the victim plays in the construction of this new system of conflict resolution in the criminal context. It starts from a vitimological aspect of inclusion, which encourages the appreciation of the victim without defending the exclusion or reduction of the rights of the accused, and from the Brazilian reality, considering the adoption of the consensual system in the situation where it coexists with the traditional criminal justice system. Therefore it does not start from an abolitionist proposal. It is intended, under a vitimological perspective, to analyze what is the role of the victim for the development of effective criminal policy and for the legitimacy of state action in the criminal sphere and what are the main reasons for the crisis of retributive-punitive justice model, starting from the idea that the victim is an important control instance. It is intended also the analysis of the principles, fundamentals, values and practices proposed by consensual model of criminal justice, especially those related to restorative justice, starting from the general notion that this model supports a criminal policy of the victim recovery and dialogue between the parts. The main criticisms of the adoption of restorative justice model are studied in order to understand the feasibility of consensual proposal. Finally, the Brazilian reality is emphasized regarding the adoption of legislation and consensual practices, highlighting the scene after the Law n. 9,099 / 95. It is intended to weigh the pros and cons of adopting a restorative model, in the intention to find it to be applicable in Brazil without disregarding the reality punitive and existing inequalities. To achieve the proposed objectives, the method used was deductive and the technique used was bibliographical research with theoretical and descriptive approach, starting from the hypothesis that the retributive-punitive model does not bring the victim to the resolution of criminal conflicts and there lies one of the reasons for its crisis; and that the consensus model enables the integration of the victim to the criminal procedure and is compatible with the Brazilian reality. It is concluded that a legal systematization of restorative justice is required to use a new language, refute stereotypes, sustain the continued preparation of its professionals, propose a flexible approach and encourage dialogue and effective participation of the parties in resolving the criminal conflict. However, it is not enough that the institutes and consensus-restorative practices are prescribed legally, it is necessary that their values are respected in practice by reducing the adoption of isolated procedural moments which act as a formality or step in a process that pursues only the punishment of the accused. The restorative justice can’t be seen as the solution to all Brazilian criminal problems, but its ideals, if properly implemented, have the potential to transform the way the crime and the importance of the parties for the resolution of the criminal conflict are viewed, especially the victim.
23
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.
24
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.
25
Agozino, Onwubiko. "Black women and the criminal justice system." Thesis, University of Edinburgh, 1995. http://hdl.handle.net/1842/26357.
Анотація:
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.
26
Simpson, Matthew. "Open justice and the English criminal process." Thesis, University of Nottingham, 2008. http://eprints.nottingham.ac.uk/10545/.
Анотація:
This thesis examines the concept of 'open justice' as it applies to the English criminal process. The conventional understanding of open justice requires merely that trial proceedings are open to the public and that those who attend are free to report to others what they have witnessed. This thesis seeks to demonstrate that the notion of open justice need not be so confined. The oversight of the criminal process provided by the courts, independent administrative bodies and the public, and the open manner in which such oversight is conducted, may be viewed as a more expansive conception of open justice. Such openness is argued to be required by the values of accountability, effective performance, rights protection, democracy and public confidence. It will be demonstrated that the openness flowing from the oversight of the English criminal process provided by the courts, independent administrative bodies and the public, has developed considerably in recent years. There may though be scope for the development of further openness. Where appropriate, proposals designed to achieve such enhanced openness will be advanced.
27
McNeill, Fergus. "Changing paradigms in criminal justice social work." Thesis, University of Glasgow, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443195.
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McCulloch, Trish. "Criminal justice sanctions and services : exploring potential." Thesis, University of Dundee, 2014. https://discovery.dundee.ac.uk/en/studentTheses/408a1804-4476-4fc0-ba19-9c05b44551fe.
Анотація:
This thesis presents a body of work for the award of the Professional Doctorate in Social Work. Presented as three discrete but connecting projects, it is united by a broad interest in criminal justice sanctions and services and by a particular interest in the progression of participatory, person-centred and progressive approaches within that space. Project one consists of a recognised prior learning claim for 50% of the award and draws on four peer-refereed published papers. The first three papers contribute to developing criminological and professional debate on ‘what works?’ in supporting desistance from crime. The final paper locates recent justice ‘developments’ within Bauman’s analysis of consumerism and related debates about the commodification of public services. Project two reports on a funded study that set out to evaluate the impact of a staff training programme on the practice of community service supervision within a Scottish local authority. The commission and focus of this project reflects sustained attention to questions of what works in reducing re-offending and supporting desistance within community sanctions, and the reconsideration of these questions in spaces traditionally constructed in punitive rather than rehabilitative terms. The findings suggest that community service can provide people who offend with important opportunities for progression, desistance and change and that staff training has an important contribution to make to the progression of these outcomes. However, the findings also indicate that staff training is one of many important variables in this complex and multi-dimensional endeavour. Connecting with the above themes, the final and most substantial project presented explores the place and potential of those sentenced within criminal justice sanctions and services. Specifically, it explores the potential of co-production within this complex, contested and constrained space. As will be demonstrated, this is an important and topical area of inquiry, as are the methods used to progress it. The conclusion of this project is that co-production matters in justice. The detail and implications of this conclusion for justice policy, practice and research are discussed and explored.
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Forrester, Andrew. "Evaluating the criminal justice mental health pathway." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/evaluating-the-criminal-justice-mental-health-pathway(8388a577-e0f9-4cdd-b424-973374e323cc).html.
Анотація:
Background: High levels of mental health and substance misuse disorders within the criminal justice system (including prisons, courts and police stations) have been reported across the world. In responding to this challenge, some countries have developed liaison and diversion services. These services began in England and Wales in the 1980s, but their coverage and quality have been patchy and they have been less developed in police custody than in the courts. Studies reported in this thesis aim to evaluate one such service operating in police custody. Methods: A multiagency group including the Local Authority, Metropolitan Police and local Mental Health Trust obtained grant funds to introduce a mental health service innovation into two police stations in South London. The service became operational in 2012, and from the outset routine service and follow-up information was collected on consecutive referrals. Data covering an 18-month period were analysed using a statistical software package. Meanwhile, the effect of an open referral system on local prison mental health in-reach team referrals was evaluated using a before-after design. Results: The referred group (n = 1092) presented with very high levels of mental health and substance misuse morbidity, vulnerability, and suicide risk. Most had established mental health problems (66.8%) and histories of drug or alcohol use (60%) and an important number (144/888: 16.2%) presented with suicide ideation. Many (370/516: 71.7%) required onward referral to a range of services, and although existing service linkage was protective, male gender and current drug or alcohol use predicted non-engagement. Conclusions: It is possible for a mental health service to operate effectively in police custody, but such services require enough resources to deal with the high levels of presenting need and clinical risk. Service links appear protective and should be prioritised, but some referred groups require enhanced support to facilitate service engagement.
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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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Hauck, Roslin V., Homa Atabakhsh, Pichai Ongvasith, Harsh Gupta, and Hsinchun Chen. "Using Coplink to Analyze Criminal-Justice Data." IEEE, 2002. http://hdl.handle.net/10150/105157.
Анотація:
Artificial Intelligence Lab, Department of MIS, University of ArizonaAs information technologies and applications become more overwhelming and diverse, persistent information overload problems have become ever more urgent.1 Fallout from this trend has most affected government, specifically criminaljustice information systems. The explosive growth in the digital information maintained in the data repositories of federal, state, and local criminal-justice entities and the spiraling need for cross-agency access to that information have made utilizing it both increasingly urgent and increasingly difficult. The Coplink system applies a concept spaceâ a statistics-based, algorithmic technique that identifies relationships between suspects, victims, and other pertinent dataâ to accelerate criminal investigations and enhance law enforcement efforts.
32
Sperfeldt, Christoph. "Practices of Reparations in International Criminal Justice." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/149070.
Анотація:
This thesis examines the practical project to make international criminal justice more victimoriented by giving it an additional reparations function. Animated by the dissonance between the idea of reparations and its practice in international criminal justice, this study relies on the firstever reparations orders by the International Criminal Court (ICC) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) to complement legalistic accounts in the scholarly literature with a socio-legal inquiry. Drawing on practice theory, I use the notion of ‘practices’ as an analytical lens to show forms of social actions that together enable and constrain reparations. Rather than starting with preconceived notions of reparations, this approach draws attention to the multitude of practices of judges, lawyers, diplomats, NGO workers and others that often get overlooked in scholarly research. I ask: what are the practices associated with reparations in international criminal justice? And how do these practices shape the possibilities and meanings of reparations? Building on documentary analysis, ethnographically informed fieldwork and practitioner interviews, this study makes visible the often hidden practices that together form the social life of reparations. This thesis identifies what practices exist, how they come to be, how they work, and what meanings and effects they produce. My observations are structured along four phases of the social life of reparations – norm-making, engagement with conflict-affected populations, adjudication and implementation – and focus on two case studies: the cases Lubanga and Katanga at the ICC, concerning the Ituri district of the Democratic Republic of Congo, and Cases 001 and 002/01 at the ECCC in Cambodia. The thesis shows how contestations over sometimes irreconcilable visions of justice are at the core of the production of reparations. The incorporation of competing rationales into the legal frameworks of both Courts continues to affect their operations. The study demonstrates how actors at and around these Courts actively mediate these tensions, through their practices, when they are giving effect to their reparations mandates in different social contexts. I identify a range of communicative, representational and adjudicative practices that simultaneously constrain action and become sources of flexible adaptation to make reparations fit new circumstances. However, these practices are not able to overcome the limitations that are inherent in the Courts’ juridical approach. The thesis indicates that the promise of more 'victim-oriented justice' through reparations has been realised only superficially, and that reparations remain marginalised and subordinated to the dominant logics of the criminal trial. I call for an appreciation of the limits of recasting international criminal justice as a site for realising reparative ambitions. This does not mean that there is no role for reparations in international criminal justice. I argue that the role is a more modest one than the literature or advocates often suggest – one that is rooted in the Courts’ symbolic powers to recognise, rather their ability to deliver tangible and equitable reparations to a large number of survivors.
33
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.
Анотація:
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?"
34
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.
Анотація:
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.
35
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.
Анотація:
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.
36
Apollos, Dumisani. "South African criminal justice : a paradigm shift to victim-centred restorative justice?" Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020078.
Анотація:
The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.
37
Ullrich, Leila. "Schizophrenic justice : exploring 'justice for victims' at the International Criminal Court (ICC)." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:8d73d52b-9cd6-4d06-b613-69b0827aa03e.
Анотація:
This thesis examines how the promise and institutionalization of 'justice for victims' has shaped the ICC's justice vision and identity. Drawing on interviews with 90 practitioners in The Hague, Kenya and Uganda, it undertakes a sociological and institutional analysis of how 'justice for victims' has evolved in the Court's first two decades through the definitions and redefinitions, pushes and pulls, strategies and miscalculations of the Court's diverse actors both in The Hague and in the field. It argues that the introduction of 'justice for victims' has led to a rift within the Court between those who embrace a narrow understanding of justice as 'fair trials' and those who see the ICC as an opening for broader justice processes. These rifts and gaps are reinforced by the Court's actors in the field such as victims' lawyers and intermediaries who sometimes assume political advocacy roles beyond what the Court's judges envisaged or follow their parochial interests on the ground. While the ICC's judges have increasingly curtailed victim participation and reparation in the court room, the Court's practices on the ground reflect an uneasy fusion of legal justice, development, local and national politics with a proliferation of new justice concepts including 'transformative justice' and 'gender justice'. So far, these justice contestations have not chipped away, much less undermined, the Court's legitimacy. Rather, the Court has thrived on its justice contradictions; its failure to commit to any particular justice vision while loosely relating to all possible visions, has made the Court impervious to critique. But the thesis will also show that 'justice for victims' at the ICC is schizophrenic: it is inherently unstable and its contradictory dynamics may at some point rip the concept apart - and with it the Court's legitimacy.
38
Buisman, Caroline Madeline. "Ascertainment of the truth in international criminal justice." Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/6555.
Анотація:
This thesis seeks to answer the principal question as to whether international criminal justice systems can serve as adequate truth-ascertaining forums. In doing so, it reviews the practice of three international criminal justice systems: the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC). It is not the purpose of this research to review the black letter law adopted and applied by these international tribunals and court, but rather to review the implementation of the legal principles in practice. It is a socio-legal research project which focuses on the practice of the tribunals and court. It discusses socio-legal, institutional and political issues relating to the ascertainment of the truth in international criminal justice. In addition, it examines the gaps between the theory and practice of ascertaining the truth in the ICTY, ICTR and ICC. It does so principally by exploring the roles of the parties, participants and judges in ascertaining the truth. This includes the obstacles they face in doing so and the responses given, if any, to accommodate these difficulties. Challenges include the politicised climate of most post-conflict societies, the remoteness of the crime base areas from the seat of the Court, the lack of enforcement mechanisms and reliance on State cooperation, as well as the unfamiliarities with the cultural and linguistic features of the affected communities. This thesis reveals that these difficulties are not the principal cause of truth-searching impediments. Indeed, it is asserted that the ascertainment of the truth can be fair and effective notwithstanding these difficulties. It also demonstrates that truth-ascertaining impediments are mainly caused by failures to adequately investigate the crimes and relevant evidence. At the ICTY, investigations have been carried out in the most efficient and fair manner possible under the circumstances. By contrast, the ICTR and ICC investigations are far from adequate and should be improved. The Prosecution should make more efforts to obtain the best evidence available. It further concludes that international justice systems have set their goals too highly. Instead of seeking to meet objectives such as reconciliation, peace and security, they should restrict their focus to the question as to whether the guilt of a particular accused has been established in respect of the crimes charged.
39
Edwards, Bradley, Michael C. Braswell, Belinda R. McCarthy, and Bernard J. McCarthy. "Justice, Crime, and Ethics." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu_books/182.
Анотація:
Justice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. This eighth edition continues to deliver a broad scope of topics through focus on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The book's robust coverage encompasses contentious issues such as capital punishment, prison corruption, the use of deception in police interrogation, and many more. New content includes new material on juvenile justice, corporate crime, and prosecutorial misconduct. Students of criminal justice, as well as instructors and professionals in the field, will continue to rely on this thorough, dependable resource on ethical decision-making in the criminal justice system.Essays are enhanced with case studies and exercises designed to stimulate critical and creative thinking regarding ethical issues in crime and justiceDiscussion questions and lists of key concepts focus students and help them to understand ethics in the context of the criminal justice systemNew chapters cover ethical issues related to juvenile justice and corporate misconduct, and chapters on police and prosecutor ethics have been extensively updatedA full suite of online ancillaries for instructors and students adds value to lectures and enriches the learning experiencehttps://dc.etsu.edu/etsu_books/1202/thumbnail.jpg
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Hanlon, Teresa J. Elder, and University of Lethbridge Faculty of Arts and Science. "Circle justice : an ethnographic study." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 1999, 1999. http://hdl.handle.net/10133/106.
Анотація:
This thesis examines the presence of community in Blackfoot Justice Circles through ethnographic, qualitative methods. Five Blackfoot Justice Circles, observed in 1996-1997, and an Innu Healing Justice Circle, are compared in structure, roles and content. The Innu circle data is found as a report and recorded as an appendix to R. v. Sellon (1996). Seven in depth interview held with circle leaders and prominant circle participants generated data used to describe and define current perceptions of traditional concepts among circle leaders on a Blackfoot reserve. Theoretically the work arrives at a principle of justice according to a concept of authentic morality expressed through problem-solving and care. The principle is collectively based on the ideas and works of Menno Boldt, Herman Bianchi, Elliot Studt, John McKnight, Carol Lepannen Montgomery, John Braithwaite, Howard Zehr, and Ruth Morris as well as peacemaking concepts. The study explores transformative justice, as differentiated from restorative and retributive justice.xii, 258 leaves : ill. ; 29 cm.
41
Brink, Ronelle Bonita. "The child accused in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.
Анотація:
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.
42
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.
43
Janekarn, Chavanut. "Public private partnerships in the Thai criminal justice." Thesis, University of Kent, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.651282.
Анотація:
This research is a review of public-private partnerships (henceforth called PPPs) in the Thai criminal justice system. This evaluated the PPPs programmes in the Thai criminal justice system by looking at outcomes and impacts of PP Ps initiatives. It also compared state and private provision when the public and private sectors provide the same type of justice service delivery. This study was based on evidence fi:om examples of PP Ps that were seen as key to the implementation of privatisation in a number of Thai justice agencies. They are: 1) the private policing scheme of the Metropolitan Police Bureau (MPB) called 'the Safety Zone Project' which is the promotion of community safety by private security provision in public space; 2) the two different models of private aftercare service. The frrst one was set up to act as a proxy agent on behalf of the Prison Service Department (PSD). The second was the use of private partners in collaboration to help fulfil the aftercare responsibility for the Department of Probation (DP) where the official aftercare unit of the public sector was not available; and 3) the formal establishment of private sector management in an official juvenile institution of the Depmiment of Juvenile Observation and Protection (DJOP). With regard to different nature and background of each PPPs programme, multimethod research designs were selected with a mix of quantitative and qualitative approaches. They are: outcome studies from performance indicators; questionnaire survey; cost-outcome analysis; documentary analysis; interview; and observation. PPPs in the Thai criminal justice context is useful in the senses that: this gives an opportunity to startup a necessary service in an area where the public sector function has not been created for; it helps expanding social services without expanding government administrative apparatus; it can be introduced as a test if the prospect of Success is not clearly known beforehand; and it can provide a wider range of or additional services than those provided by the public sector alone. In addition, private operation in all PPPs schemes is non-commercial, so they made less concern about profitability. T~is study provides evidence to show that PPPs programmes are able to generate a WIde acceptance in the criminal justice community. However, there are some concerns about inequality, legitimacy, sponsors' sanction, professionalism, and proper safeguard to clients.
44
Bülow, William. "Ethics of Imprisonment : Essays in Criminal Justice Ethics." Licentiate thesis, KTH, Filosofi, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-145357.
Анотація:
This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring (EM) from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development.QC 20140519
45
Mhlanga, Bonny Manuel. "Race and juvenile criminal justice : a multivariate analysis." Thesis, University of Surrey, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334337.
46
Lai, Kit To Keith. "Empirical analyses on the economics of criminal justice." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10045913/.
Анотація:
This thesis covers three empirical analyses on the economics of criminal justice, completed using a new micro-dataset that links up the administrative criminal, employment and benefits records of offenders in England and Wales. The first analysis considers the effectiveness of post-custody supervision in reducing recidivism and improving labour market outcomes. It employs a regression discontinuity design and to exploit an age cut-off point in the compulsory provision of post-custody supervision, and finds that there are no effects on recidivism, employment or benefits outcomes, contrary to the belief that lead to a recent policy change. The second analysis considers the labour market effect, or scarring, of criminal convictions. It employs a distributed lag model with fixed effects to estimate the potential damage to earnings and employment likelihood of a criminal conviction. It finds evidence that contrary to the popular belief (and simple OLS results), once individual fixed effects are controlled for, a criminal conviction even in the event where the punishment is imprisonment is only associated with moderate damages. The third analysis considers the effect of prison sentences on later outcomes. After the England riots in 2011, judges in riot areas were statistically handing out more prison sentences to o enders who had nothing to do with riots than judges in non-riot areas. This creates a valid instrument for testing the effect of imprisonment (at least on non-rioters). It shows that once self-selection is controlled for, prison sentences can in fact induce reduction in recidivism, likely through specific deterrence, but the effect dies out after 6 months and gives way to criminogenic factors. There are no statistically significant effects on employment, at least not within one year, though somewhat surprisingly the estimates tend to be positive rather than negative.
47
Merriam, Marilyn. "The contribution of volunteer mentoring in criminal justice." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/5205/.
Анотація:
This thesis explores the potential of volunteer-based mentoring of offenders and victims in criminal justice in England and Wales. The research was based on four case-study organisations and involved analysis of the recruitment and training of volunteers and of their contribution in comparison with standards defined for mentoring as practiced in more generic professional mentoring circles. Key findings from the research were of limited appreciation of the nature of mentoring among the four organisations; of significant reliance on college students as volunteers seeking work experience for their CVs (and who therefore were not always available to provide longer-term mentoring support); of rudimentary training programmes; and of supervisory staff who often seemed reluctant to empower volunteers to engage in proper mentoring roles. Indeed, rather than mentoring, the contribution of the volunteers was better described as a mix of practical assistance provision, coaching and clerical/administrative support. Despite this, the main conclusion of this research was that volunteer-based mentoring does appear to offer valuable potential in criminal justice for both offenders and victims of crime. However, more strategic approaches to recruitment and more rigorous training in the principles and skills of mentoring are needed, as well as greater support from supervising staff.
48
Fenton, Jane. "Ethical stress in Scottish criminal justice social work." Thesis, University of Dundee, 2013. https://discovery.dundee.ac.uk/en/studentTheses/87fcb9e9-74d3-450c-a63c-83d88f57d83d.
Анотація:
This thesis uses empirical data to explore criminal justice social workers’ experience of ‘ethical stress,’ which is the discomfort experienced by workers when they cannot achieve value/behaviour congruence in their practice. The research was operationalised via questionnaires distributed to criminal justice social workers in four Scottish local authorities, from which both quantitative and qualitative data were gathered. From the data, it appears that the more risk averse a workplace is perceived to be, and the less value-based the ethical climate is judged to be, the more ethical stress will be experienced. The approach to working with offenders, however, seems not to have a direct effect on ethical stress experienced. Rather, workers are very clear that public protection/risk work takes priority and this only becomes a source of stress when the ethical climate is such that any additional welfare, helping work the social worker is inclined to undertake, is thwarted. A worker’s experience of ethical stress may depend upon where they work, as levels vary significantly between local authorities, as do perceptions of ethical climate. Approaches taken to risk and to working with offenders, however, do not vary between local authorities, probably because of the strength of influence from government. A model of ethical stress in criminal justice social work (CJSW) is ultimately suggested, highlighting the connections and influences above, and depicting the important role of the senior social worker. Finally, significant differences on all variables were found between older, more experienced workers and younger, less experienced workers who appear to be happier with a ‘new penological’ approach to the management of (as opposed to engagement with) offenders. Less experienced workers seem to accept, more uncritically, the prioritisation of public protection and reduced autonomy and, although they do experience ethical stress when value based practice is impeded and risk aversion prevails, it is experienced to a significantly lesser degree. The culmination of these differences may well cast doubt upon CJSW’s continuing commitment to social work values.
49
Mninde-Silungwe, Fatuma. "The regionalisation of international criminal justice in Africa." University of the Western Cape, 2017. http://hdl.handle.net/11394/6096.
Анотація:
Doctor Legum - LLDThis study was undertaken under the South African-German Centre for Transnational Criminal Justice, University of the Western Cape (UWC), South Africa and Humboldt Universitat zu Berlin, Germany. The Centre provided a conducive environment, both in Berlin and Cape Town for the successful completion of this research. I am grateful for the support that was rendered by the staff for the centre and these are: Professor Gerhard Werle, my supervisor and Co-Director of the Centre, Professor Lovell Fernandez, Co-Director of the Centre, and Professor Raymond Koen. I am also thankful to Dr. Moritz Vormbaum, Coordinator of the Program, Windell Nortje, Coordinator UWC and all the administrative staff and these are Anja Schepke, Hazel Jeftha and Farieda Hendricks.
50
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.
Анотація:
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.