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1
Gallagher, Geraldine. "Gender, social enquiry reports, and social work disposals." Thesis, University of Stirling, 2005. http://hdl.handle.net/1893/3247.
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Throughout the nineties a range of factors, not least the series of suicides at Cornton Vale women's prison, highlighted concerns about how the criminal justice system deals with female offenders in Scotland. There has been a review of community-based disposals and the use of custody for women (Scottish Office, 1998a), an Inspection of Cornton Vale was conducted (HMI, 2001), and a Ministerial Group on Women's Offending was set up (Scottish Executive, 2002a). Despite this concern the numbers of female offenders being sentenced to custody has continued to rise. This study sought to examine the nature of criminal justice social work services delivered to female offenders and the way in which ideological and policy shifts have impacted on it. Differences relating to gender, with regard to both practitioners and clients, within the context of criminal justice social work in Scotland,w ere considered.T his included a consideration of the impact of the policy shift from the "welfare" to the "justice" model. Thirty-five interviews were conducted with criminal justice social work staff and material was drawn from 420 Social Enquiry Reports. The study examined practices and policies which relate to how women are supervised, how these relate to the presentation of information in social enquiry reports, and in turn how this may relate to the final court disposal imposed. A discrepancy between policy and practice was identified in that the latter draws on the "welfare" model more than is endorsed by formal policy. This greater emphasis on the "welfare" model applies to work with female offenders in particular. There were concerns amongst criminal justice social work staff that such a difference in approach might be discriminatory. A new "welfare" model of supervision appears to have been adopted in the supervision of female offenders. This model emphasised the importance of the working relationship, between supervisor and client, within which women offenders should be allowed scope for negotiation. Information on female offenders derived from both interviews with criminal justice staff and the data obtained from SERs is used to review social control theory (Hirschi, 1969), as it exists, as an explanation of female offending. Carlen's study (1988) of female offenders suggested that integral to their involvement in offending was a rejection of the controls to which they are subjected and of their gender roles. By contrast the profile of women offenders as identified in this study suggests that women are offending partly in an endeavour to conform to, or at least cope with, their gender roles. Female offenders were reported as having experienced greater adversity and this appears to havee licited a protective response from social workers. This protection began in women's childhoods and is evident in their treatment as adults. The organisation of community service is considered by female social workers to have an inherent gender bias which renders it less suitable for female offenders. These concerns appear to have foundation in terms of an apparent gender bias in the operation of community service schemes. Female offenders sentenced to community service were more likely to have had their SERs compiled by male SER writers, while female offenders sentenced to probation were more likely to have their SERs compiled by female SER writers. Female social workers specifically appear to adopt a stronger welfare orientation when compiling reports on female offenders apparently motivated by an inclination to protect. This has implications for gender specific allocation of work. The effect is not protection if reports arc undermining community service as a possible alternative to custody for women, as appears to be the case when the SER writer is female.
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Meyer, Doreen M. (Doreen Mae) Carleton University Dissertation Canadian Studies. "A prison of their own; the contradictions behind Canada's prison for women." Ottawa, 1992.
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Everton, Wilma. "SAPS members' experience of diversity and diversity training within the SAPS." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1002482.
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During this study, an attempt was made to explore the opinions and attitudes of members of the South African Police Service (SAPS) towards issues of diversity before, immediately after and three months after participating in diversity training workshops presented by the SAPS Training Division during 1997 in Port Elizabeth. The aim of this thesis was not to assess the diversity training itself, but to discover if the training, as currently presented, in any way influenced the attitudes of participants. In order to meet this goal, literature and empirical studies were conducted. The literature study sets the theoretical foundation pertaining to the history of the SAPS and the attitudes and prejudices of and diversity among SAPS members. During the empirical research phase, a non-probability purposive sampling procedure was adopted. Four of a range of diversity workshops presented by the Training Division of the SAPS during 1997 were selected for the purpose of this study. An internal SAPS process was used to nominate members to attend the workshops. The researcher requested the participants in each of the four workshops to complete a self-administered questionnaire before as well as after the workshop concerned. Immediately after each of the four workshops, a short interview was held with each attendee. To explore the stability of any change evident from responses on the questionnaires completed after the workshops, the attendees were again requested to complete the same questionnaire three months later. To increase the validity of any conclusion that attitudinal change was related to the workshop, a control group was used. This study has revealed that a cross-spectrum of SAPS members of both sexes and diverse racial backgrounds believe that various forms of discrimination exist within the SAPS. It confirmed that the diversity training presented by the SAPS Training Division is a useful instrument to heighten members' awareness of the different norms and customs of other cultural/ethnic groups and of the necessity that the SAPS should be constituted of a cross-spectrum of racial groups reflecting the South African society. Finally, based on the research findings, recommendations were made involving management and its supportive services and diversity training.
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Petersen, Amanda Mae. "Beyond Black and White| An Examination of Afrocentric Facial Features and Sex in Criminal Sentencing." Thesis, Portland State University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1561452.
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<p> Research on race and sentencing is increasingly moving beyond racial category analyses to include more subtle attributes such as skin tone and facial features. In keeping with this progression, this research examines the extent to which convicted offenders' Afrocentric facial features interact with sex in order to create longer criminal sentences for stereotypically Black males and females. A random sample of Black and White males and females currently serving prison sentences in the state of Oregon were selected for inclusion in the study. A preliminary regression analysis was run in order to determine the effect of broad racial category on sentencing length when controlling for offense characteristics, offense history, and extralegal factors. Additionally, photographs of a sample of 110 Black males and 91 Black females were rated for strength of Afrocentric facial features by undergraduate students. These ratings were averaged to create an Afrocentric rating for each Black individual in the sample. Regression analyses were then conducted for Black individuals in order to determine the effect of Afrocentric facial features and sex on sentence length. Results suggested that although broad racial category is not a significant predictor of sentence length, Afrocentric facial features interact with sex to produce longer sentences for Black males, but not Black females, with stronger Afrocentric facial features. Individuals with the fewest Afrocentric facial features were excluded from the analysis in order to limit the potential misperception of racial category by judges. These findings are consistent with current understandings of feature-trait stereotyping, as well as the focal concerns perspective regarding judicial decision-making. </p>
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Cermak, Bonni. "In the interest of justice : legal narratives of sex, gender, race and rape in twentieth century Los Angeles, 1920-1960 /." view abstract or download file of text, 2005. http://wwwlib.umi.com/cr/uoregon/fullcit?p3164075.
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Thesis (Ph. D.)--University of Oregon, 2005.<br>Typescript. Includes vita and abstract. Includes bibliographical references (leaves 196-204). Also available for download via the World Wide Web; free to University of Oregon users.
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Ward, Helen. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools /." Title page, contents and abstract only, 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
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Su, Susan Chih-Wen. "Female property crime offenders: Explanations from economic marginalization perspective." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2673.
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This research explores whether women offenders who committed property crimes suffer from feminization of poverty, and social deprivations as asserted by the economic marginalization theory. Social deprivations include being a single parent with dependent children at home, being the main financial supporter of a household and being primary caretaker to minor children.
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McEwan, Joanne. "Negotiating support : crime and women's networks in London and Middlesex, c. 1730-1820." University of Western Australia. History Discipline Group, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0121.
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[Truncated abstract] This thesis examines the social and legal dynamics of support as it operated around women charged before the criminal courts in the eighteenth- and early nineteenth-century metropolis. It considers the nature and implications of the support made available to, or withheld from, female defendants by individuals to whom they were in some way connected. To this end, it explores the nuances of testimony offered by witnesses and defendants in an attempt to better understand the extent and effect of the support that could be negotiated by and from a range of groups, including family members, fellow household residents, neighbours and wider community members. How narratives were framed in either sympathetic or condemnatory terms was indicative of broader social attitudes and expectations regarding women and crime as well as of women's own relationships to households and neighbourhood. To the extent that this thesis aims to interrogate negotiations of support, it adopts legal narratives as a window through which to gain an insight into the social interactions and mediation of interpersonal relationships by eighteenth-century London women. The printed accounts of trials conducted at the Old Bailey and legal documents from the London and Middlesex Sessions records form the basis of the source material that contributed towards this study. These records provide contemporary narratives in which participants described their involvement in the legal system and articulated their relationships to events and to each other. As a result, they are invaluable for the wealth of qualitative detail they contain. These legal documents have also been complemented by other contemporary sources including newspaper reports and printed pamphlet literature. ... This thesis concludes first that neighbours and fellow household residents were usually in the strongest position to affect the outcome of criminal cases, either by offering assistance or disclosing incriminating information. The importance of household and neighbours rather than kin was closely tied to the domestic context in which many female crimes took place, and the 'insider knowledge' that was gained by living in close proximity to one another. However, if and when women retained links to family and kin who lived within travelling distance, they remained an important source of support. Secondly, the thesis identifies the detection and prosecution of crime as a gendered experience; contemporary social expectations about gender influenced both legal processes and the shaping of witness accounts. Thirdly, in its examination of local responses to female crime, the thesis supports the theory that a notable shift in sentiment towards female nature and legal culpability occurred during this period, which in turn affected the support offered to female defendants. Overall, the thesis demonstrates the paramount importance of witness testimony in articulating the circumstances surrounding female crimes, and the complex negotiations of interpersonal relationships which influenced how this evidence would be contextualised as supportive or not when it was delivered.
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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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Williams, Kadifa. "Black people and criminal justice in England and Wales : a study on bail." [n.p.], 1999. http://dart.open.ac.uk/abstracts/page.php?thesisid=181.
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Lau, Kar-ning Edward, and 劉嘉寧. "The influence of race on sentencing in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31976323.
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Snowden, Jessica L. "Explicit and implicit bias measures : their relation and utility as predictors of criminal verdict tendency /." Electronic version (PDF), 2005. http://dl.uncw.edu/etd/2005/snowdenj/jessicasnowden.pdf.
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Woods, Jordan Blair. "Queering criminology : the (non)engagement of mainstream criminology with LGBTQ populations and theories." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709051.
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Ryu, Junhyuk. "Pretrial release and social contexts is there a link? (Does the effect of race on pretrial release decisions vary across county?) /." Cincinnati, Ohio : University of Cincinnati, 2008. http://www.ohiolink.edu/etd/view.cgi?acc_num=ucin1231775256.
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Thesis (Ph.D.)--University of Cincinnati, 2009.<br>Advisors: Lawrence Travis III PhD (Committee Chair). Michael Benson PhD (Committee Member), John Wooldredge PhD (Committee Member), ul-Hyun Park PhD (Committee Member). Title from electronic thesis title page (viewed April 27, 2009). Keywords: Pretrial release; social context; race. Includes abstract. Includes bibliographical references.
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Jonmarie, Diana. "Judicial decision-making on same-sex discrimination cases in the U.S. Circuit Courts of Appeals /." abstract and full text PDF (UNR users only), 2008. http://0-gateway.proquest.com.innopac.library.unr.edu/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1455661.
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Thesis (M.A.)--University of Nevada, Reno, 2008.<br>"May, 2008." Includes bibliographical references (leaves 63-69). Library also has microfilm. Ann Arbor, Mich. : ProQuest Information and Learning Company, [2009]. 1 microfilm reel ; 35 mm. Online version available on the World Wide Web.
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Leung, Hang-san Steven. "Gender bias in policing." Click to view the E-thesis via HKUTO, 2002. http://sunzi.lib.hku.hk/hkuto/record/B42576702.
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Ruffolo, Lyndsay Danielle. "Exploring the influence of legal and extra-legal factors in bail decisions /." Abstract and full text available, 2009. http://149.152.10.1/record=b3080022~S16.
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Thesis (M.S.) -- Central Connecticut State University, 2009.<br>Thesis advisor: Jennifer Hedlund. "... in partial fulfillment of the requirements for the degree of Master of Science in Criminal Justice." Includes bibliographical references (leaves 45-48). Also available via the World Wide Web.
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Bedells, Stephen J. "Incarcerating Indigenous people of the Wongatha lands in the Eastern Goldfields of Western Australia : Indigenous leaders’ perspectives." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2010. https://ro.ecu.edu.au/theses/137.
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The Wongi
people are Indigenous to the Goldfields region and account for just 10 per cent of the population; yet they make up 90 per cent of the prisoners. With Indigenous incarceration rates above 8,000 per 100,000 adult male population in Western Australia, imprisonment is clearly a common experience for Indigenous men and women that profoundly affect the lives of their families. Gaols are meant to be used as a sentence of last resort when the severity of the offence requires severe punishment and prevention of further offences requires close confinement. For this research, Wongi leaders were interviewed about their perceptions of the incarceration system. They indicated that prison is being applied too frequently for minor offences, does little to prevent further offences and has a profound negative socio-economic impact on inmates’ partners and children. The negative impact was also exacerbated when Wongi prisoners are transferred 600 kilometres out of their country to Perth because the local prison is overcrowded. The Wongi leaders who were interviewed believe that the criminal justice system lacks the moral authority to deal with their people fairly and punishes inmates’ families more so than the offender. According to the Wongi leaders, the incarceration system could be improved by using the cultural practice of shaming and targeting training more effectively so that prisoner skill sets were identified and enhanced to improve employment chances and a reduction in recidivism. By using these strategies, the criminal justice system would increase the deterrent effect of incarceration, decrease the rate of recidivism, and improve the Wongi perception of the system.
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Aaby, Makenzie Laron. "An Assessment of Sentencing Disparities among American Indians within the Eighth, Ninth, and Tenth Federal Circuit Courts." PDXScholar, 2018. https://pdxscholar.library.pdx.edu/open_access_etds/4459.
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Assessing the effect of race on crime is an important topic of criminology and criminal justice research. Prior investigations have sought to uncover if racial disparities exist within certain aspects of the criminal justice system, such as arrests, trials, and sentencing. The existing scholarship, however, has largely focused on assessing differences between Black and Hispanic offenders in relation to White offenders. There has been little academic exploration to examine if racial disparities exist among American Indian offenders during criminal justice processing. To address this gap in knowledge, this study analyzes data collected from the United States Sentencing Commission to assess if American Indians receive different sentencing outcomes, when compared to other racial groups. The findings from a series of binary logistic and ordinary least square regression analyses suggest that American Indians are sentenced to prison more often than White, Black, and Hispanic offenders, but receive similar sentence lengths compared to Whites and shorter sentence lengths compared to Blacks and Hispanics. The implications of these results are discussed.
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Smith, Brooke A. "Pleading the fifth the effect of a defendant's ethnicity and prior record /." To access this resource online via ProQuest Dissertations and Theses @ UTEP, 2008. http://0-proquest.umi.com.lib.utep.edu/login?COPT=REJTPTU0YmImSU5UPTAmVkVSPTI=&clientId=2515.
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Samaniego, Rebekah. "When Race Matters: The Influence of Race on Case Clearances in Capital vs. Non-Capital Homicides in Texas." Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062846/.
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Texas leads the nation in the number of executions carried out since capital punishment was reinstated in 1976. Race was a key factor in the 1972 moratorium, and though the Supreme Court allowed for its return under new statutes, race continues to plague the capital punishment legal system. In this study, I examine the influence of race on case clearances in capital and non-capital homicides in Texas, using the extra-legal and non-discretionary theories from existing clearance literature. I find that race influences the probability of cases being cleared in non-capital cases but has no statistically significant effect in clearing capital cases.
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Gathings, M. J. "Offenders' perceptions of the choices they had and the choices they made a North Carolina case study /." Greensboro, N.C. : University of North Carolina at Greensboro, 2007. http://libres.uncg.edu/edocs/etd/1452/umi-uncg-1452.pdf.
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Thesis (M.A.)--University of North Carolina at Greensboro, 2007.<br>Title from PDF t.p. (viewed Oct. 22, 2007). Directed by Paul L. Luebke; submitted to the Dept. of Sociology. Includes bibliographical references (p. 81-84).
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Cortez, Mario Martin. "Cross cultural relations in law enforcement." CSUSB ScholarWorks, 1998. https://scholarworks.lib.csusb.edu/etd-project/1505.
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Donaldson, Robin E. "Differential dispositions : an examination of racial bias in the treatment and dispositional recommendations for juvenile offenders." Virtual Press, 1997. http://liblink.bsu.edu/uhtbin/catkey/1061884.
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The literature which addresses the treatment and disposition of juvenile offenders thoroughly establishes the prevalence of racial bias. Though research is abundant regarding racial bias in both the mental health field and in the juvenile justice system, little exists which examines whether the two combine to contribute to the disproportionate percentage of minority offenders in the justice system. This paper examines this possible contribution. It is hypothesized that both probation officers and mental health professionals employ racial discrimination in dispositional recommendations leading to recommendations for the incarceration of black offenders although white offenders with identical characteristics are recommended for placement in mental health treatment facilities. A log-linear model for single-response qualitative data was modified to a 2 x 2 chi-square analysis due to the low number of referrals to detention which would not allow an evaluation of interactions between the variables. Utilizing a chi-square analysis, statistical significance was not met. Possible reasons for these findings and implications for research are addressed.<br>Department of Counseling Psychology and Guidance Services
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Jolley, Patrick Arthur. "Race, aggravated murder, and the death sentence in Multnomah County, Oregon, 1984-1990 : a descriptive analysis and review." PDXScholar, 1992. https://pdxscholar.library.pdx.edu/open_access_etds/4321.
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Criminal justice administrators in the United States have been challenged by a highly visible accusation of racial discrimination. This perception has weakened the confidence in, and support of, our judicial process. This study attempted to clarify this perception by examining the effect of race on certain judicial decisions related to the death penalty. The variables chosen for analysis focused on the persons involved in the homicide, the circumstances of the crime, and decisions made during the processing of capital cases.
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Dipa, Asanda. "The recognition of victims rights of sexual offences." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1014361.
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“Indeed in rape cases it is the victim who is most often placed on trial rather than the perpetrator, accused of having ulterior motives and subjected to degrading questions with often pornographic overtones. Prosecutors might fail to adequately address the victims needs and all too often, information is either intentionally or unintentionally withheld from victims.” The victims of sexual offences have to face not only the consequences of the sexual crime that was perpetrated upon them, but they also have to deal with the effects of the criminal justice system. Victims who take part in the criminal justice system should not be exposed to unnecessary distress and trauma. The victims of sexual offences must not be re-victimised by the criminal justice system. Re-victimisation has been coined to describe the experience where victims are subjected to further victimisation by the very state organs to whom they turn for assistance. This has the effect that the victim is victimised twice, first by the offender and then by the criminal justice system. It is therefore the duty of the law to protect this group of witnesses from such a traumatic and damaging experience. The question that needs to be answered in this research is whether the Sexual Offences and Related Matters Amendment has made any difference in respect of protection of victims sexual crimes. It was concluded that the Sexual Offences Act is indeed a step in the right direction to protect the rights of victims of sexual offences but that it could have afforded more protection.
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Schneider, Jessica P. "Validation of Virginia's Juvenile Risk Assessment Instrument." VCU Scholars Compass, 2018. https://scholarscompass.vcu.edu/etd/5634.
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Utilizing a validated risk assessment tool to predict future offending is recommended as best practices in corrections by a number of professional organizations (Latessa & Lovins, 2010). Guided by the risk-needs-responsivity model, risk assessment tools have evolved to help inform criminal justice practitioners by identifying offenders most in need of intervention or supervision, guiding the case plan to optimize outcomes (Bonta & Andrews, 2007). The Virginia Department of Juvenile Justice (DJJ) utilizes the Youth Assessment and Screening Instrument (YASI) at all stages of contact with youthful offenders, including intake, probation, commitment, and parole (DJJ, 2016). However, risk assessment instruments do not always generalize across populations (Schwalbe, 2007) and are not always used effectively for case planning decisions (Singh et al., 2014). This study focused on the accuracy, equity, and usage of YASI in the Virginia juvenile justice system. Findings suggested that YASI performed at the expected and adequate levels of predictive validity in comparison to existing research. The predictive validity of the overall and dynamic risk scores and levels was statistically equivalent for males and females, but the Community/Peers and Family domains had stronger predictive validity for males than females. The predictive validity was statistically equivalent for White and Black youth for overall risk levels and dynamic risk scores and levels; however, the predictive validity for the overall risk scores was higher for White youth than Black youth. Each domain had a positive correlation between risk and assignment as a case planning priority area with a wide variation in the strength of correlation. Future research should focus on instrumental validity, protective factors, inter-rater reliability, domain interactions and clusters, reoffense types and timing, additional group and geographical differences, weighting and scoring, service matching, recidivism reduction, and program evaluations. Policy recommendations regarding risk assessment use in juvenile justice systems include a repeated cycle of determining purpose and function, conducting staff and stakeholder training, testing, and calibrating and modifying the tool.
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Poli, Lynley V. "Mock jurors' judgements of the victim, crime and defendant as a function of victim race and deliberation." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2004. https://ro.ecu.edu.au/theses/839.
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Extra-legal variables are factors within a trial that are logically irrelevant to the determination of a verdict. They are deemed extra-legal they are extra to the law and are not prescribed in the relevant statutes upon which the relevant issue must be decided. Research investigating judicial decision-making, however, demonstrates that extra-legal variables often affect jurors' judgements and improperly influence their decision-making. Examples of extra-legal variables include the personal attributes of trial participants, e.g., the victim's physical attractiveness, socio-economic status, and age. Studies conducted in North America indicate that the race of the victim and defendant inappropriately influences jurors' decision-making. However, to date, no such published research has been conducted in Australia. Due to Australia's diverse population, which consists of several minority groups and a dominant Caucasian group, it is likely that race may net as an extra-legal variable. Furthermore, several Australian studies have documented a strong prejudice against Aborigines and Asians, with the potential for a newly emerging prejudice against individuals from Middle-Eastern countries. The present study investigated whether the race of the victim would affect jurors' perceptions and judgements in a simulated attempted-rape trial. Research also indicates that the process of deliberation amongst other things, can affect the influence of extra-legal variables on decision-making, and that it can either exaggerate or attenuate this influence. Therefore, the impact of deliberation on the jurors' perceptions and judgements was investigated, and also whether an interaction occurred between race and deliberation. One hundred and six participants were recruited to examine the effects of the race of the victim on their judgements of the defendant, crime, and victim. Due to Australia having a dominant Caucasian race, it was assumed that when the victim is Aboriginal, Asian or of a Middle Eastern origin, jurors' judgements of the defendant, crime and the victim will be negatively prejudiced by the victim's race, and that when the victim is Caucasian, no such prejudice will impact upon the jurors' decision-making. It was also assumed that deliberation would attenuate the influence of the extra-legal variable of the victim's race, such that any bias observed in pre-deliberation judgements will be reduced in post deliberation judgements. The quantitative data was analysed with a series of 4 x 2repeated measures ANOVAs and a qualitative analysis was undertaken of the deliberation discussions. Quantitative results revealed no significant effects for victim race. However, the effect for race approached significance regarding the seriousness of the crime, with the crime perceived as least serious for the Middle-Eastern victim. The pattern of results identified across several items also revealed a consistent trend toward the different races. An overall positive trend was observed toward the Aboriginal victim, and a negative trend identified toward the Middle-Eastern victim, and to a lesser extent, the Caucasian victim. Qualitative analyses support this pattern of results. The effect for deliberation revealed a number of significant findings, with the victim's character perceived as more positive, and the defendant as less guilty following deliberation. Significant interactions were also identified regarding the defendant's sentence and the responsibility of the victim. In particular, following deliberation, the defendant in the Caucasian condition was given a significantly reduced sentence, and the Asian victim was perceived as significantly less responsible. The results are discussed in terms of the need for closer analyses of Australian intergroup relations, social desirability and cultural stereotyping, and their influence on courtroom decisions.
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Boston, Clarinèr Freeman. "An Historical Perspective of Oregon's and Portland's Political and Social Atmosphere in Relation to the Legal Justice System as it Pertained to Minorities: With Specific Reference to State Laws, City Ordinances, and Arrest and Court Records During the Period -- 1840-1895." PDXScholar, 1997. https://pdxscholar.library.pdx.edu/open_access_etds/4992.
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Racial and ethnic minorities are disproportionately represented in Portland, Oregon's criminal justice system. Laws, legal procedures and practices that excessively target minorities are not new phenomena. This study focused on a history of political and social conditions in Oregon, and subsequently, Portland, from the 1840' s to 1895, that created unjust state laws and city ordinances that adversely impacted Native Americans, African Americans, and Chinese Immigrants. Attention was also given to the Jewish population.
The approach was to examine available arrest and court records from Oregon's and Portland's early beginnings to ascertain what qualitative information records could provide regarding the treatment of minorities by the justice system. As an outgrowth of this observation, it was necessary to obtain an understanding of the legal environment related to arrests and dispositions of adjudications. Finally, a review of the political and social atmosphere during the time period provided a look at the framework that shaped public attitudes and civic actions.
Examination of available arrest records and court records recorded during the period were conducted at the City of Portland's Stanley Paar Archives. Observations were limited to the availability of archive records. Oregon's history, relative legislation, Portland's history and applicable ordinances were studied and extrapolated from valid secondary resources. Political and social conditions were reviewed through newspaper accounts during recorded history from that time period.
Research indicated that Native Americans, African Americans and Chinese Immigrants were: not legally afforded equal access to Oregon land provisions; denied equitable treatment under the law in comparison to their white counterparts; were unjustly targeted for criminal activities by the enactment and enforcement of laws based on racist views; and, negatively used as political ploys to the advantage of candidates seeking public office. Much of this research is akin to actions in many political, legal and justice arenas of the 1990' s, that continue to adversely impact racial/ethnic minorities unfairly. Although members of the Jewish community were not negatively affected by law, they suffered social injustices. However, they were members of the legal and political fiber that shaped civic sentiments and legislative action in both positive and negative ways.
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McIntosh, Matthew James. ""Daylight" fails to shine on the reservation." Laramie, Wyo. : University of Wyoming, 2008. http://proquest.umi.com/pqdweb?did=1594495091&sid=1&Fmt=2&clientId=18949&RQT=309&VName=PQD.
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梁恆新 and Hang-san Steven Leung. "Gender bias in policing." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2002. http://hub.hku.hk/bib/B42576702.
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Greening, Megan. "Contextualizing the Law: Sentencing Decisions of Sexual Assault Cases of Dallas County, 1999-2005." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5461/.
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The incidence of sexual assault inundates the courts with many cases each year. Given the unique nature of the crime, judges and juries are faced with an array of different scenarios to which they are required to make fair, justifiable and consistent decisions. I examine child sexual assault cases of Dallas County 1999-2005, I look at both legal and extralegal factors including case characteristics, institutional characteristics and characteristics of the defendants and the victims. First, I examine the impact of the independent variables on sentence length using regression analysis to determine influences on sentencing for judges and juries. Second, I examine the same factors using Probit analysis to determine which characteristics make a life sentence more probable for those decision-makers.
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Calvey, Jo. "Women's experiences of the workers' compensation system in Queensland, Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2002. https://ro.ecu.edu.au/theses/731.
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This was a phenomenological study undertaken to understand women's experience of the workers' compensation system. Eleven women were interviewed. They ranged in age from twenty-five to sixty-five years and represented diverse socio-economic and educational backgrounds. All women were from a non-indigenous background. The initial question to women was "Can you tell me what it is like to be involved in the workers' compensation system?" The narratives were analysed and interpreted using Hycner's (1985) phenomenological guidelines. Five core themes were found: negative versus positive/neutral experiences, the workplaces response and role in the process, women's experiences of payouts and tribunals, reasons why women may not claim workers' compensation, and the impact of the process on each women and their family(s). Acker's theory of 'gendered institutions' was used to understand why "many apparently gender-neutral processes are sites of gender production" (Acker, 1992b, p. 249). The experiences of the eleven women suggested that the workers' compensation system in Queensland is gendered; 'The women indicated that the workers compensation process was a disincentive to making a claim. WorkCover was viewed as siding with the employer, bureaucratic in nature and lacking values associated with empathy, sympathy and caring. Recommendations for improvements to the workers' compensation included: establish legal obligations and enforcement of occupational health and safety responsibilities to injured or ill workers; adoption of occupational health and safety values by employers; change the attitudes of employers (recognising women as breadwinners and workers are not disposable); a single case manager to advocate for injured or ill workers; recognition of mental and emotional consequences of an injury or illness provision of rehabilitation that recognises mental and emotional factors as well as the importance of family participation; greater involvement of employers and employees in the rehabilitation process; and finally, improved service delivery which involves consistency, ethics, clarity, (regarding the WorkCover process for injured workers and employers), accountability and involvement of all parties. The knowledge embedded in the interviews, expressed through core stories and themes, was essential to making women's voices visible and providing an insight into service delivery based on women's experiences and needs.
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Nilsson, Niels. "'n Multi-dissiplinere jeugregstelsel vir die landdrosdistrik van Kaapstad." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51847.
Full textAbstract:
Thesis (MPA)--Stellenbosch University, 2000.<br>ENGLISH ABSTRACT: The focus in this research report is the violation of the constitutional rights of a young person in
conflict with the law in the Cape Town Magisterial District. This violation is caused by the lack
of collaboration between the different role players. The situation can be rectified with a policy
intervention which will ensure multi-disciplinary collaboration between the role players.
The researcher proves that stipulations in section 28 of the Constitution, Act 108 of 1996, are
violated because the different role players in the juvenile justice system of Cape Town
magisterial district work in a fragmented manner and do not operate as a unit. The young person
in conflict with law is harmed in this process. The situation can be rectified through a policy
intervention. The policy intervention entails a uniform administrative procedure, the drafting and
implementation of a working agreement between the role players, establishing a communication
network, combined and integrated training and a multi-disciplinary committee that evaluates and
monitors these aspects.<br>AFRIKAANSE OPSOMMING: Die fokus van hierdie navorsingverslag is die skending van die grondwetlike regte van die jong
persoon in botsing met die gereg binne die Kaapstad se landdrosdistrik. Die skendings is vanweë
die gebrek aan samewerking tussen die verskillende rolspelers. Die situasie kan deur middel van
'n beleidintervensie reggestel word ten einde multi-dissiplinêre samewerking tussen die
rolspelers te verseker.
Die navorser bewys dat bepalings in artikel 28 van die Grondwet, Wet 108 van 1996, geskend
word omdat die verskillende rolspelers in die jeugregstel van Kaapstad se landdrosdistrik
gefragmenteerd werk en nie as 'n eenheid funksioneer nie. Die jong persoon in botsing met die
gereg word benadeel in die proses. Die situasie kan deur middel van 'n beleidsintervensie
reggestel word. Die beleidsintervensie behels dat daar 'n eenvormige administratiewe proses
gevolg word, 'n samewerkingsooreenkoms tussen die rolspelers opgestel word, 'n
kommunikasienetwerk gevestig word, gesamentlike en geïntegreerde opleiding plaasvind en dat
'n multi-dissiplinêre komitee die gemelde aspekte evalueer en moniteer.
35
Gillen, Alexandra. "Equality and difference in the evolution of women's police role /." 2003. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3077057.
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Futrelle, Abigail E. "The liminal figure of Julia Morrison 'ladyhood' in Chattanooga, Tennessee, 1899-1900 /." 2009. http://etd.utk.edu/2009/May2009Theses/FutrelleAbigailE.pdf.
Full text
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Dobbs, Rhonda R. Chiricos Theodore G. "Gender and sentencing an examination of Florida's determinate sentencing policies /." 2004. http://etd.lib.fsu.edu/theses/available/etd-11072004-125224.
Full textAbstract:
Thesis (Ph. D.)--Florida State University, 2004.<br>Advisor: Dr. Theodore G. Chiricos, Florida State University, School of Criminology and Criminal Justice. Title and description from dissertation home page (viewed Jan. 12, 2005). Includes bibliographical references.
38
Boyer, Laura Kate. "Bounded justice: gender, space and the law in early twentieth century Vancouver." Thesis, 1994. http://hdl.handle.net/2429/4940.
Full textAbstract:
This thesis represents a selective consideration of the
relationships between gender, space and the law in early
twentieth century Vancouver, based largely on the cases of
sexual violence against women heard before the B.C. Supreme
Court in the years between 1915 and 1925. Within these
parameters, constructions of space and gender are addressed at
three levels. Part one considers how both women and men were
situated within early twentieth century legal discourse in the
context of trials for sexual violence. Part two suggests how
gendered understandings of urban space in early urban
Vancouver were produced and reinforced within, and beyond,
legal discourse. Finally, part three situates these processes
within a wider context of statemaking in early twentieth
century British Columbia. It is argued that legal processes
were one mechanism by which space in fledgling Vancouver was
coded in gendered and sexualized terms, and further, that
these social meanings of space were fundamentally bound up
with prevailing conceptions of race and class.
39
Ward, Helen 1963. "The "adequacy of their attention": gender-bias & the introductory law course in Australian law schools." 1999. http://web4.library.adelaide.edu.au/theses/09LM/09lmw258.pdf.
Full textAbstract:
Includes bibliographical references (leaves 220-229) Considers to what extent feminist theoretical and critical perspectives have been incorporated into law. A law course or law textbook that uncritically presents legal doctrines, or representations of men's and women's social roles, risks adopting and perpetuating the unstated point-of-view of a particular cultural group in society. Argues for a legal education that has an open self-consciousness of the culturally specific and inevitably partial point-of-view of the law and, consequently, a conscious recognition of the unavoidable point-of-view of legal education.
40
Crowe, Nancy E. "The effects of judges' sex and race on judicial decision making on the U.S. courts of appeals, 1981-1996 /." 1999. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:9934039.
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Wang, Xia. "Criminal justice sentencing in contest the effect of social environment on courtroom decision-making /." 2008. http://etd.lib.fsu.edu/theses/available/etd-04122008-030230/.
Full textAbstract:
Thesis (Ph. D.)--Florida State University, 2008.<br>Advisor: Daniel P. Mears, Florida State University, College of Criminology and Criminal Justice. Title and description from dissertation home page (viewed July 21, 2008). Document formatted into pages; contains xi, 177 pages. Includes bibliographical references.
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Stossich, AR. "Mental illness in the courtroom : does a psychiatric diagnosis affect perception of a defendant's speech dynamics on the witness stand?" Thesis, 2010. https://eprints.utas.edu.au/22271/1/whole_StossichAnastasiaRosemary2010_thesis.pdf.
Full textAbstract:
The present study aimed to investigate prospective juror's perceptions of the dynamics
of social interaction in a courtroom where the defendant is said to have a psychiatric
diagnosis. The experiment adopted Communication Accommodation Theory (CAT) to
examine the effect of lawyer and defendant's converging and diverging speech rates on
the jurors' perception of the defendant's credibility, likeability, cooperativeness, intent
and guilt. One-hundred and eighty-six participants were allocated to one of 18
conditions, in which they listened to a reenactment of part of an edited court case and
then filled in questionnaires. It was hypothesised that rapid speed of speech would act
as a credibility cue, resulting in an increase in ratings of defendant credibility. It was
further expected that ratings of cooperativeness and likeability would increase when the
lawyer and defendant's speech rates converged and that ratings of cooperativeness and
likeability would vary across convergence and divergence depending on whether the
defendant's change in speech rate was perceived as being internally or externally
motivated (intent). In regards to the effect of the defendant's mental health label, it was
hypothesised that where the defendant was said to have a psychiatric diagnosis this label
would override the effect of the speech rate manipulations. Little support was found for
the hypotheses outlined in this study. Possible reasons for this lack of support, as well
as suggestions for further research are outlined in the discussion.
43
Murdocca, Carmela. "Incarcerating cultural difference : race, national responsibility and criminal sentencing /." 2007. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=510544&T=F.
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44
Gollan, Sarah Elizabeth. "Justice served, justice gained? : competing conceptions of justice in the Pitcairn Island sexual offending trials." Phd thesis, 2008. http://hdl.handle.net/1885/149761.
Full text
45
Roberts, Ramona. "Voices outside law : Canada's justice system in the lives of survivors and victims of sexual violence /." 2000.
Find full text
46
Moult, Kelley. "The court doors may be open, but what lies behind those doors? : an observation of the workings of the Wynberg Sexual Offences Court /." 2000. http://web.uct.ac.za/depts/sjrp/publicat/kelleyt.pdf.
Full textAbstract:
Thesis (B.Soc.Sc. (Hons.) in Criminology)--University of Cape Town, 2000.<br>Caption title. Includes bibliographical references. Also available in an electronic version via the Internet. Address as of 19/04/2004: http://web.uct.ac.za/depts/sjrp/publicat/kelleyt.pdf.
47
Barnett, Teneeka M. "Disempowered : the case of the black female drug courier in Ontario judicial and media discourses /." 2005. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:MR19716.
Full textAbstract:
Thesis (M.A.)--York University, 2005. Graduate Programme in Interdisciplinary Studies.<br>Typescript. Includes bibliographical references (leaves 165-175). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://proquest.umi.com/pqdweb?index=0&did=1299814341&SrchMode=1&sid=16&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1195573096&clientId=5220
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Arnstein, Tammy. "Performing a Social Movement: Theater for Social Change’s Collective Storytelling." Thesis, 2020. https://doi.org/10.7916/d8-kynk-gc36.
Full textAbstract:
There is widespread agreement among researchers, policy experts, and community advocates that the United States’ mass incarceration system is a policy failure. Despite bipartisan consensus and sporadic reform attempts, the policies and systems ravaging low-income families and communities of color remain largely intact. Formerly incarcerated people have been driving the social movement to dismantle mass incarceration since the movement’s inception, yet their advocacy efforts and creation of alternative programmatic and policy approaches have only recently been acknowledged and documented and have yet to be implemented widely.
Through this study, I aimed to fill these gaps in knowledge about the advocacy work of women impacted by the justice system by documenting the ethos, practices, and strategies of Theater for Social Change (TSC), a performance arts-based advocacy group composed of formerly incarcerated women in service of justice system transformation.
Using action research methodology, I employed dialogic and iterative processes, in partnership with TSC, to develop interview and focus group protocols and analyze data. I also undertook a thematic analysis of post-performance audience discussions, as well as the scenes and monologues created by the ensemble over the years.
This research project found that the ensemble way of working—defined by Radosavljević (2013) as “collective, creative, and collaborative”—enabled TSC to develop and model the type of caring and self-organized community and capacity development, per Nixon et al. (2008), that they envision for currently and formerly incarcerated women and their families and communities to create conditions for a just and equitable society. The ensemble way of working nurtured a sisterhood and enabled the exploration of individual and shared experiences of the trauma of incarceration, as well as overcoming systemic inequalities through higher education and career success in a safe and supportive space. Performing scenes and monologues developed from personal stories allows TSC to control its advocacy messages, challenge stereotypes, and create new narratives about the worth of formerly incarcerated people. Theater and post-performance discussions also enable ensemble members to model and employ their multilevel expertise: personal experience navigating the justice system; professional expertise in reentry, mental health and human services; and advocacy leadership.
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Horne, Juanida Suzette. "A critical analysis of human trafficking for sexual exploitation." Thesis, 2014. http://hdl.handle.net/10500/13762.
Full textAbstract:
This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched.
The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation.
The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa.
SUMMARY
“Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.”
(US Secretary of State Hillary Rodham Clinton, US Department of State,
Trafficking in Persons Report, 2010)
This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem.
A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research.
The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation.
Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories: Explore and describe the phenomenon of human trafficking. Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based. Explain how the identification of the phenomenon of human trafficking fits into the policing process. Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.
Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully.
The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit.
It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully.
The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa.<br>Police Practice<br>D. Litt. et Phil. (Police Science)
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Dagistanli, Selda. "Boys like them : the role of the courts in moral panics around "Muslim" gang rape." Thesis, 2007. http://handle.uws.edu.au:8081/1959.7/507137.
Full textAbstract:
Empirically, the focus of this thesis is an investigation of how the courts become implicated in the construction of certain high profile gang rape cases in New South Wales since 2000, as having a strong 'cultural' component. The case studies chosen for this project involve what became widely referred to in the associated moral panic as “ethnic gang rape”: the “Bankstown rapes” (in South-western Sydney) of 2000 involving a group of second-generation immigrant youths of Lebanese Muslim background, and the “K brothers” rapes in 2002 (also in Sydney) – perpetrated by four brothers who identified as Pakistani immigrant Muslims and their friend.