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1
Williams, Meagan Meernik James David. "Judicial creativity or justice being served ? a look at the use of joint criminal enterprise in the ICTY prosecution /." [Denton, Tex.] : University of North Texas, 2008. http://digital.library.unt.edu/permalink/meta-dc-9721.
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Williams, Meagan. "Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution." Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc9721/.
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The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal enterprise are being used differently on defendants of different power levels. By empirically analyzing the patterns developing at the ICTY, I can see how joint criminal enterprise is influencing sentencing and the fairness of trials.
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Travis, Lawrence F., and Bradley D. Edwards. "Introduction to Criminal Justice." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/032329071X.
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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
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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.
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Bennett, Sarah. "Criminal careers and restorative justice." Thesis, University of Cambridge, 2008. https://www.repository.cam.ac.uk/handle/1810/252102.
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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.
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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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Fisher, S., H. Anderson, A. Eldaba, and Natalia Ward. "Social Justice Literature and LAT Diversity Committee Grant." Digital Commons @ East Tennessee State University, 2019. https://dc.etsu.edu/etsu-works/5951.
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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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Lu, Terence Zimin. "And justice for all? : Aversive homoprejudice in criminal justice decisions /." [St. Lucia, Qld.], 2006. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19744.pdf.
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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.
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Miller, Larry S., and John T. Whitehead. "Report Writing for Criminal Justice Professionals." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1455777692.
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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
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Braswell, Michael, Larry Miller, and Joycelyn Pollock. "Case Studies in Criminal Justice Ethics." Digital Commons @ East Tennessee State University, 2012. http://amzn.com/1577667476.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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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.
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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.
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Simpson, Matthew. "Open justice and the English criminal process." Thesis, University of Nottingham, 2008. http://eprints.nottingham.ac.uk/10545/.
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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.
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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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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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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.
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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.
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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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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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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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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.
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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.
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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.
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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.
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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.
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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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Buisman, Caroline Madeline. "Ascertainment of the truth in international criminal justice." Thesis, Brunel University, 2012. http://bura.brunel.ac.uk/handle/2438/6555.
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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.
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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.
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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.
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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.
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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
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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.
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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/.
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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.
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Merriam, Marilyn. "The contribution of volunteer mentoring in criminal justice." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/5205/.
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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.
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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.
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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.
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Mninde-Silungwe, Fatuma. "The regionalisation of international criminal justice in Africa." University of the Western Cape, 2017. http://hdl.handle.net/11394/6096.
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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.
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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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Sen, Osman N. "Criminal Justice Responses to Emerging Computer Crime Problems." Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2866/.
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This study discussed the issue of computer crime as it relates to the criminal justice system, specifically law enforcement. The information was gathered through several books, academic journals, governmental documents, and the Internet. First, the nature and forms of computer crime, Internet crime, and cyber terrorism were analyzed. Next, law enforcement responses were discussed. International aspects of the problem were separately pointed out. Further, detection and investigation of computer crime were examined. Problems related to the each component of the criminal justice system (law enforcement, investigators, prosecutors, and judges) were described. Specific solutions to these problems were offered. In addition, computer crime handling procedures were presented. Results indicate that computer crime will increase in the 21st century, and this problem cannot be controlled by traditional methods alone. Using new technology as preventive measures, and increasing awareness and security conscious culture will prevent the problem in the long run.
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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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Ho, Vivian Wei Wun. "How should restorative justice be applied to the Hong Kong criminal justice system?" access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324244a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2006.Master of arts in arbitration and dispute resolution, City University of Hong Kong, School of Law. Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
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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.
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Hellenbach, Michael. "Justice or truth? : alleged offenders with intellectual disabilities in the criminal justice system." Thesis, University of Chester, 2011. http://hdl.handle.net/10034/312148.
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This PhD study examines how people who are intellectually impaired are processed within the criminal justice system. In this context it analyses the understanding of intellectual disabilities, criminal justice decision-making processes, and the constructon of crime and punishment by professionals involved in criminal justice. Despite significant changes in mental health legislation and greater awareness by professionals of issues around intellectually disabled offenders, previous research has demonstrated that this population remains disadvantaged when coming into contact with the criminal justice system. The study focuses on how the criminal justice system maintains its traditional way of operating when engaging with people who are impaired in their intellectual capacities and who, therefore, often have difficulties in processing information and understanding complex situations. The study draws on qualitative data generated through thirty five unstructured interviews with custody sergeants, forensic examiners, prosecutors, magistrates, judges and probation officers from three regions in the North West of England: Cheshire, Merseyside and Greater Manchester. Through those interviews, the provision of support to alleged offenders is examined and the process of legal representation evaluated. By analysing decision-making processes around vulnerable defendants, two conflicting views that influence cimrinal justice professionals in their strategic behaviour were identified: protecting offenders' rights and protecting the public from criminal behaviour. It is argued that the criminal justice system draws its normative and enforcement powers from a 'discourse of truth' that concentrates on capacity and intent. Defendants who are classified as vulnerable because of impaired intellectual functioning whereby capacity to reason and intellectual disability are functionally separated. This way, an alleged offender's vulnerability becomes a manageable object within the criminal justice system and is integrated into a person's risk management. The disjointed discourse around intellectual disabilities increases the risk that people with an impaired level of intellectual functioning become drawn into the mainstream criminal justice system and, therefore, further compromises the empowerment and social inclusion of this population.
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Wong, Wai-chung Wesley, and 黃惠沖. "Unnatural justice: town planning enforcement through the criminal justice system in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31972743.
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Wong, Wai-chung Wesley. "Unnatural justice : town planning enforcement through the criminal justice system in Hong Kong /." View the Table of Contents & Abstract, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18568397.
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Haney, Kyle. "Increasing Victim Satisfaction with Traditional Criminal Justice Systems: Lessons Learned from Restorative Justice." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20457.
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In this paper, I argue that we can identify policies that can increase victim satisfaction with traditional criminal justice systems through analyzing factors that increase victim satisfaction with restorative justice process. First, this paper defines key terms, including “restorative justice,” “traditional criminal justice systems” and “victim.” Next, it analyzes the current literature and identifies why increasing victim satisfaction in traditional criminal justice systems is important. Third, it looks at the state of victim satisfaction with traditional criminal justice systems, and identifies factors that contribute to low satisfaction. Fourth, this paper analyzes the literature examining restorative justice and victim satisfaction, and identifies key factors within restorative justice processes that improve victim satisfaction. Finally, having identified the problems with the traditional criminal justice system and the best practices within restorative justice systems, I propose a number of process changes for traditional criminal justice systems that could increase victim satisfaction.
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Barnes, Olivia Mary. "Restorative justice in the criminal justice system : the McDonaldization of diversionary youth conferencing." Thesis, Ulster University, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669225.
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Restorative justice has fast become a crime control strategy employed across jurisdictions. Its development within youth justice has coincided with the rise of neoliberal policies. However, the focus of neoliberalism on managerialism, efficiency, calculability and control are not congruent with restorative justice. Perhaps unsurprisingly then youth conferencing has the potential to become standardised in order to integrate into the audit culture of criminal justice. What the thesis examines the process and impact of diversionary youth conferencing, as a restorative justice process within the criminal justice system. Diversionary youth conferencing has been fully integrated into the youth justice system of Northern Ireland for over a decade and the findings of this thesis have provided a comprehensive account of how it is being influenced and moulded by the criminal justice system. The research adopted a qualitative, phenomenological methodology, involving non-participant observation and semi-structured interviews with (young people, youth conference coordinators and community representatives. Using triangulation of these four data sources to develop a comprehensive picture of youth conferencing. The theoretical framework of Ritzer's neoliberal McDonaldization thesis (1983) was used to shed light on the research findings. This analysis has shown that during the conferencing process young people can feel vulnerable, ill -equipped, intimidated, labelled as a trouble maker, coerced, abandoned, as though they have 010 one they can trust, forced into apologising and forced into agreeing a conference plan. These findings are disempowering and victimising. Diversionary youth conferencing is a process in which legal requirements, risk and targets have taken the place of harm and equal participation of stakeholders. It has become a McDonaldised process driven by the need for efficiency, calculability and control of risk, resulting in a set 0 f techniques used to administer youth justice.
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Britton, Joanne. "The Black Justice Project : a study of volunteering racialised identity and criminal justice." Thesis, University of Sheffield, 1998. http://etheses.whiterose.ac.uk/15082/.
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This thesis is based on a qualitative study of a black voluntary organisation, the Sheffield Black Justice Project. The purpose of the organisation is to offer practical advice to local black people about any aspect of the criminal justice process and the main part of its work involves operating a Help On Arrest Scheme. The thesis sets out to explore significant gaps in sociological knowledge about the participation of black people in voluntary organisations, the racialisation of identity and criminal justice issues. The research was concerned with an investigation of how volunteers from a variety of racialised groups understood the meaning and role of 'race' as they participated in the Black Justice Project. It assessed how far a successful collective response was possible in this specific social context and evaluated the extent to which the project was able to balance the needs and interests of local black people with those of supporting statutory organisations. Three central research questions have been addressed. Firstly, the research has examined the nature of and reasons for the volunteers' involvement in the Black Justice Project. Secondly, it has considered how volunteers perceived their identity to be racialised in relation to other black and white people both within the project and more widely. Thirdly, it has compared and contrasted the understanding of the volunteers with that of custody officers working in South Yorkshire Police, to provide detailed information about the ways in which each group interprets both the relationship between black people and the police and black people's experiences of criminal justice. The fieldwork consisted of two methodological elements. Firstly, a series of semistructured interviews was conducted with the three main groups involved in the research. A sample of thirty volunteers of varied racialised origin was interviewed. Those involved with the management of the project were also interviewed as well as various police officers, including one-third of custody officers in Sheffield. Secondly, informal participant observation of the project was undertaken over a period of two years. Overall, the thesis demonstrates that the Black Justice Project's apparent success resulted from a careful management of its image rather than a comprehensive implementation of the black perspective defined by the volunteers. However, it was found that the black perspective itself was based on the highly questionable notion of an essentialised black identity. The thesis demonstrates how racialised identity is always a process of accommodation, negotiation and transformation involving both group identification and categorisation by others. The research also revealed that the job-related objectives of the volunteers were thwarted by the custody officers who, it was found, effectively adhered to their job related priorities and so racialised the project's Help On Arrest Scheme. It was found that these two groups had a very different interpretation of the nature of police-black relations to the extent that the volunteers regarded raciaIised policing as the norm whereas the officers regarded it as an extremely infrequent deviation from it.