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Dissertations / Theses on the topic 'Youth criminal justice system'
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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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Alhaj, Amjad Hassan. "Youth offenders within the criminal justice system in the Sultanate of Oman." Thesis, University of Bristol, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.653086.
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Background: This study examines how young male offenders are treated in the Sultanate of Oman. Oman has been changing its response to young offenders since 2008. Previous to that year, there were four articles only in the Omani penal law which deal with children and young people who committed crimes. Now there is a separate law under government agencies for dealing with youth offending in Oman who commit and who are vulnerable to crime. So far, little information exists to aid people in understanding the structure' of this system and , how it is exp~rienced by young people and professionals, including social workers: Aims: This thesis seeks to ~ describe and analyse the operation of the youth justice system in Oman in relation to distinct models of youth justice, ~ understand the experiences and perceived needs of young male offenders in the Omani criminal justice system, and ~ investigate the role of social work with and social workers toward young male offenders. Frameworks: This study is informed by three frameworks: (1) Winterdyk's (2002) model of youth justice, (2) Principles of Sharia law, and (3) Foucault's , theory of power relations. A review of the literature indicates that there are many models of youth justice being ~sed and built in developed countries, but there are few references to youth justice in de:reloping countries. Additionally, there is a lack of information about the experiences and needs of young male offenders within the youth justice system. Moreover, the roles and tasks of social workers need to be studied within the youth justice system.
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Atlas, Robin Michelle. "Treatment of mentally ill juvenile offenders in the criminal justice system." CSUSB ScholarWorks, 2005. https://scholarworks.lib.csusb.edu/etd-project/2927.
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Mentally ill juveniles who are incarcerated in correctional facilities receive minimal or no treatment services. The research in this thesis determines that mentally ill juvenile offenders receive inadequate treatment. It also determined that juvenile correctional officers as well as others in the criminal justice system are not trained properly to deal with mentally ill juveniles.
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Pinero, Veronica B. "Transformations in the Canadian Youth Justice System. Creation of Statutes and the Judicial Waiver in Quebec." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/24065.
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The objectives of this thesis were to observe how the Canadian youth justice system has dealt with the regulation of the transfer of young offenders to the adult court and how the Canadian statutes have regulated the imposition of adult offences for young offenders.
For this, I drew a distinction between two levels of observation: first, I observed the process of "creation of statutes" by the political system. Second, I observed the process of "understanding and interpretation of statutes" by the judicial system. The notion of "political system" includes the legislation enacted by Parliament, parliamentary debates, and reports published by the Government of Canada. The notion of "judicial system" includes the decisions of the Montreal Youth Court.
For the first level of observation ("creation of statutes"), I observed and analyzed the work of the political system for the period 1842 to 2012. Starting in 1857, many statutes regulated different aspects of the criminal law system as it applied to young people. The first statute to deal with youth offenders comprehensively and different from adult offenders was the Juvenile Delinquents Act (1908); this statute was replaced by the Young Offenders Act (1982). The current statute is the Youth Criminal Justice Act (2002).
With regard to the Juvenile Delinquents Act (1908) and the Young Offenders Act (1982), I observed how the political system regulated the mechanism of transferring a young person to the adult court. This mechanism allowed the youth court to decide a question of jurisdiction: whether the young person would be processed and sentenced within the youth justice system, or whether the young person would be sent to the adult court for him to be dealt with and sentenced therein. With regard to the Youth Criminal Justice Act (2002), I observed how the political system has regulated the imposition of adult sentences by the youth court. This statute replaced the mechanism of transfer under the two previous statutes by the imposition of adult sentences within the youth justice system.
For the second level of observation ("the understanding and interpretation of statutes"), I observed how the Montreal Youth Court had understood and interpreted the statutory provision that allowed the youth court to transfer a young person to the adult court for the young person to be dealt with and sentenced therein. My period of observation is from 1911 to 1995.
I argue that both the political and the judicial systems have been strongly influenced by the theories of deterrence, denunciation, retribution, and rehabilitation. The influence that each theory has exercised on each system varies. The political system, originally focused on the rehabilitation of young people, has been slowly “contaminated” by the most punitive theories, such as deterrence and denunciation. This shift started in the 70’s and slowly increased over the years. Conversely, while the judicial system does not seem to have been originally influenced by the theories of rehabilitation, its focus has slowly shifted towards this objective as the primary goal of their intervention towards young offenders since the 70’s. However, the “successful rehabilitation” of a young person has become a goal in itself, where “unsuccessful offenders” have been transferred to the adult court and dealt with the adult punitive justice system.
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Chan, Tsui-san Loretta. "An enquiry into the attitudes of youth towards law and the legal system and their relationship with youth delinquency." [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1341768X.
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Chan, Tsui-san Loretta, and 陳翠珊. "An enquiry into the attitudes of youth towards law and the legal system and their relationship with youth delinquency." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B43893375.
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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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Sharpe, Gillian Hannah. "Girls in the youth justice system." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.580167.
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Varma, Kimberly N. "Exploring age and maturity in youth justice." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ53691.pdf.
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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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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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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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Hicks, Leigh Dezuraye. "Youth Justice Arbitrators' Experiences with Restorative Justice in Rural American Areas." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3528.
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The rise in the number of Black, male, incarcerated, rural youth and the retributive juvenile justice system is a prominent problem in the United States, creating a revolving door for youth in conflict with the law. Restorative justice is an alternative approach that diverts youth from court and focus on rehabilitation, but lacks sufficient experiential evidence from those involved in the process to support broader implementation. The purpose of this study was to explore the experiences of restorative justice arbitrators and the role they play in facilitating resolution of youth criminal charges in a rural setting in a southern U.S. state. The research question asked how restorative justice arbitrators perceive and explain their roles, and successes and failures of a restorative justice process with Black male rural youth. The theoretical framework for the study was Braithwaite's reintegrative shaming, which posits the significance of the immediate family and community in rehabilitation. In this multicase study, research data were collected from semistructured interviews of 4 rural restorative justice arbitrators and analyzed using content analysis. Themes that emerged from the analysis were: the key role of rural community involvement in holding youths accountable to victims for their actions, preventing youths from developing a criminal record, and redirecting youth away from incarceration and more toward the community wellbeing. These findings contribute to social change by informing those working with youth crime about implications for the field of restorative justice specifically related to the opportunity for communities to provide benefits not only for juvenile offenders but also for victims and the community as a whole.
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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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Brodie, Scott. "Changes in custody following the enactment of the Youth Criminal Justice Act /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2309.
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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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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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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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Aho, Alison. "Criminal Justice in Northern and Remote Communities: Redressing the Substantive Inadequacies in Achieving Long-Term Justice for Indigenous Youth." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/38665.
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In spite of legislative, judicial, and governmental initiatives, Indigenous youth continue to face over-representation in the Canadian criminal justice system. While the Government of Canada appears to be closer than ever to accepting wide scale self-governance of Indigenous peoples, there are a number of obstacles within the proposed solutions that will continue to prevent Indigenous youth from achieving sentencing equity. This thesis asks the question, to what extent can the Youth Criminal Justice Act and supporting regulations be reformed in order to effectively “rehabilitate and reintegrate” Indigenous youth and serve the Government of Canada mandate of “reconciliation;” or, considering the colonialist underpinning of Canadian legislation, to what extent do Indigenous youth require alternative solutions to establish equitable justice? In answering this question, this thesis engages the theoretical framework of Critical Race Theory to examine existing legislation, jurisprudence, programs, and institutions geared towards creating sentencing equity for Indigenous youth in Canada, ultimately proposing recommendations for a more fair criminal justice system.
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Taboh, Anita Marie. "Grandparent Support and Juvenile Delinquent Youth." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2895.
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Juvenile delinquency is a social issue which has been shown to have a significant cost to society in a variety of ways which include community safety, the cost of arrest, charges, and court processes, as well as the damage done in families and to the youth through the label of juvenile delinquent or Person in Need of Supervision (PINs). One important area in treatment and discharge planning for youth designated as either juvenile delinquent or Persons in Need of Supervision is the inclusion of supports to help youth change the trajectory from these behaviors into more socially acceptable activities and actions. The research problem addressed in this study is that the supports utilized at this time are insufficient and ineffective, as evidenced by rates of recidivism. The purpose of this study was to explore whether the use of non-custodial grandparents in treatment and discharge planning as a support system is of value to the youth and their parents. Using a grounded theory methodology, professional staff from Multidimensional Treatment Foster Care (MTFC) programs, now known as Treatment Foster Care Oregon (TFCO), which work with these youths and their families and was developed based on social learning theory, participated in interviews to obtain data regarding the use of non-custodial grandparents and whether they were found to be of value. The results of the study support the use of grandparents under specific conditions, such as when they have positive relationships with parents and when they are positive role models themselves. NVivo 11 software was used to assist in the process of analyzing the data collected from these professionals. The implications for social change remain that the process of assisting youth to make these changes could create safer communities with lower crime rates, and decreases in the costs associated with the legal process, and these savings can then be passed on to communities and to the taxpayer.
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Stahlkopf, Christina. "Rhetoric or reality? : restorative justice in the youth justice system in England." Thesis, University of Oxford, 2006. http://ora.ox.ac.uk/objects/uuid:c00ef572-167f-4f91-91a1-5687d26972f4.
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This thesis explores the recent introduction of restorative justice into the youth justice system in England. It examines the historical and political context from which current youth justice policies have emerged and aims to evaluate how this new system is functioning 'on the ground' several years after being implemented. Specifically, the primary aim of the research is to investigate final warnings and referral orders. The findings are based on an in-depth study of one Youth Offending Team (YOT). The research adopted a predominantly qualitative, case study based method utilizing techniques of observation, informal conversations, formal interviews with the young offenders and their supporters as well as with authority figures who are amongst those responsible for policy and practice in the youth justice system. The substantive chapters of this thesis focus on the delivery of final warnings, referral order panel meetings, victim participation, and the structural, cultural and political influences on YOT practice. This research concludes that at present, restorative practices in England are seriously compromised. However, simply because these programmes experience difficulties, they should not necessarily be considered a failure. The present failures in practice are not related to the philosophical foundation of these programmes or even to the way in which they have been set up. Rather, the current shortcomings in practice are due mostly to a failure of implementation on the part of the YOT. The final warning and referral order programmes, if improved, have the potential to become an effective first encounter with the criminal justice system and to impact positively on many first time offenders.
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Stroud, Robert Allan. "The criminal justice system, now and in the future." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq24927.pdf.
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Zheng, Xi. "Reforming injustices within the criminal justice system in China." online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?MR18856.
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練錦鴻 and Kam-hung Ernest Michael Lin. "Treatments of rape victims in the criminal justice system." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31977935.
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Gill, Martin Laurence. "Voluntarism and the criminal justice system : a comparative analysis." Thesis, University of Plymouth, 1986. http://hdl.handle.net/10026.1/735.
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This thesis comparatively evaluates three groups of volunteers working within the criminal justice system in the South West of England. The groups chosen - probation Voluntary Associates, police Specials and Victims Support Scheme Volunteers - incorporate parties working with the offender, the public and the victim, ie those most closely identified with the judicial process. To date, research in both Britain and abroad has chosen to focus on a single agency which has limited our understanding of voluntarismo Nevertheless, most have identified a number of issues pertaining to the use of volunteers. Through a consideration of the type of work undertaken, motivations, who volunteers, recruitment, selection and training, and the role of the professional, this thesis attempts to link and examine these issues, to illustrate that it is possible to theorise about voluntary activity in a criminal justice context. Via interviews with 164 volunteers supported by extensive observation it has been possible to gain a more detailed insight into voluntary activity than had previously been contemplated. The findings revealed that within each organisation there. ý exists a volunteer sub-culture, (abbreviated to volunculture), which conforms to the ideology of the agency. Where a volunculture is strong, as in the case of the Specials then commitment is high; where a volunculture is weak commitment is likely to be low. The study moves on to consider the ways in which organisational policy can and does affect not only the formationof-a volunculture, _ but also its degree of strength or weakness. It is shown that presently most organisations pay lip service to the notion of using volunteers, reflected in the low status they are accorded within agency priorities. It is argued that until this is realised the wealth of helping potential that exists within communities can never be brought to the fore. Recommendations derived from volunteer perceptions and organisational policies are offered as pathfinders to achieving this objective.
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Barrett, Andrew A. "The system of criminal justice in Cheshire, 1820-75." Thesis, Keele University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.336996.
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Lin, Kam-hung Ernest Michael. "Treatments of rape victims in the criminal justice system." [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14804529.
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Werner, Emily. "Media Effects on Attitudes Towards the Criminal Justice System." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/honors/299.
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This study investigated the effect of media on attitudes toward the criminal justice system. A survey was administered to 167 undergraduate students at East Tennesse State University in criminal justice and fine and performing arts classes. Respondents were asked how much television they watch, what their primary news source was, and how accurate crime-related television programs are. Multivariate analysis showed that age and major affected attitudes more than media consumption.
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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.
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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.
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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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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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Eyman, Kyle Robert. "The Effects of Yoga on Incarcerated Youth." Cleveland State University / OhioLINK, 2021. http://rave.ohiolink.edu/etdc/view?acc_num=csu1624615378943268.
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Hedstrom, Josefin. "The American and Swedish Criminal Justice System: A Comparative Study." Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etd/3397.
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Hosting 22 percent of the world’s prison population, the United States is the number one country in the world regarding incarceration rates where 1 in 109 adults are locked up behinds bars and about two-thirds of offenders will recidivate within three years of their release (Durose, Coope, & Snyder, 2014; Kaeble, Glaze, Tsoutis, & Minton, 2016; U.S. Census Bureau, 2015; Walmsley, 2013). Sweden has one of the lowest recidivism and incarceration rates in the world where only 29 percent reoffend and 1 in 2,278 of their total population is behind bars (Kriminalvården, 2017; The World Bank, 2016). The purpose of this study is to understand the underlying reasons to these differences by comparing the U.S. and Swedish criminal justice systems and to find possible solutions of improvement to diminish the incarceration, recidivism, and crime rates in the U.S. Specifically, the policing, court, and correctional systems will be further compared.
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Huntington, Scott. "Integrated and Reducing Re-Entry into the Criminal Justice System." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2547.
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Numerous studies have focused on the effectiveness of integrated treatment services for people with cooccurring disorders (CODs) within the criminal justice system (CJS). However, there has been a paucity of research on the effectiveness of community-integrated treatment services with CODs and influences on decreasing their interaction within the CJS. This study quantitatively examined the possible relationships between integrated treatment services and CODs and their effect on decreasing interactions within the CJS. The sample (N = 320) consisted of people with CODs from a community-based facility. The statistical analysis was a 2-way (2 x 2) and 3-way (2 x 2 x 2) mixed factorial analysis of variance. Results indicated a statistically significant difference in the number of interactions within the CJS between integrated treatment services and single treatment services, as well as a statistically nonsignificant difference between male and female. Future studies are recommended to examine the predictive value of the long-term effects of integrated treatment services in decreasing interactions within the CJS. The social implications of the study could be integral to community behavioral health care agencies and administrators of correctional institutions in demonstrating how pertinent integrated treatment services can be in decreasing the overrepresentation of people with CODs within the CJS. Furthermore, it will contribute to the continuous need for developing evidence-based programming and practices for CODs within community-based programs, increasing public safety to communities, and the tremendous cost-effectiveness to correctional programs.
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DeGenova, Thomas. "Geriatric Criminality and its Implications for the Criminal Justice System." Youngstown State University / OhioLINK, 1999. http://rave.ohiolink.edu/etdc/view?acc_num=ysu997810818.
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Tang, Pak-shing Philip. "Net-widening : an evaluation of sentencing and cautioning practices for youth offenders /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18649397.
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Connell, Barry Charles. "The K̀evin Egan' case : an analysis from a criminal justice system perspective /." [Hong Kong : University of Hong Kong], 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B15967311.
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Johnson, Brendyn. "Making Sense of Restorative Justice in the Criminal Justice System: A Study on Crown Attorneys." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/38592.
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Using an ethnomethodological approach, this research sought to describe how Restorative Justice is integrated into the daily world of the prosecution. This was achieved through the use of in-depth interviews with ten Crown attorneys from different sites in Eastern Canada alongside limited periods of participant observation.
This research described how Crown attorneys inhabit a world in which it is necessary to perform an in-depth analysis of the defendant, their characteristics and how much blame can be accorded to them in order to then consider what sanction, if any, is required. Their world also demonstrated that protection of the victim and of society are paramount. Nevertheless, issues such as delay and the reputation of the criminal justice system were shown to be an important factor to also consider as a competent member of the prosecution. Through these methods, participants described a world in which Crowns embody a quasi-judicial role by evaluating and deciding on the proper course of action in regards to a criminal file.
When applied to the use of Restorative Justice, these factors helped demonstrate that Crown attorneys thought of it as something which allowed victim and defendant to communicate with one another regarding the consequences of a crime. Restorative Justice was able to be justified through certain factors mentioned above; however, certain other aspects did not find support through them. Indeed Crowns appreciated such a process because they felt it would not endanger victims, that it might contribute to the safety of the public, and because it does not supersede the criminal justice system. Furthermore, for some, it might reduce delay. However, aspects such as attaining victim and or defendant satisfaction did not easily align with the aforementioned factors despite the positive manner in which these potential consequences of Restorative Justice were described by most participants.
It was hypothesized then that Restorative Justice is used in a seemingly appropriate manner due to the ways in which it can respond to issues which are important to the prosecution. Other potential positive consequences are simply viewed as beneficial but not offering strong justification for the use of such programs on their own. Indeed, through Restorative Justice, Crowns stay in some measure of control over proceedings while it may also help bolster the legitimacy criminal justice system by responding to certain criticisms levelled against it. Thus, to a certain degree, Crowns are able to reconcile the two different approaches by highlighting the benefits it brings to the criminal justice system while not drawing attention to the ways it does not.
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Marshall, Daniel James. "Practitioners in the youth justice system : a case study of the youth offending service." Thesis, University of Cambridge, 2013. https://www.repository.cam.ac.uk/handle/1810/256812.
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The central aim of this descriptive and exploratory study is to empirically examine the views and perspectives of practitioners working with young people in the youth justice system in England and Wales. Based on a case study of Peterborough youth offending service (PYOS), the study adopts a multi-method approach. Interviews with 22 practitioners, observations of their practice and key documentary evidence are reviewed, which identify the processes involved in the core practice of key practitioners and a deeper understanding of how policy and legislation reform are experienced in practice. Practitioners play key roles as case managers in the intervention process, yet youth justice literature somewhat neglects the role and perspective of staff within multi-agency youth offending teams (Case, 2007), despite increasing focus on youth justice practice through organisational analyses (see for example, Burnett and Appleton, 2002; 2004a; Field, 2007; Holdaway et al., 2001; Newburn et al., 2002; Souhami, 2007; Stahlkopf, 2008), and much critique of youth justice policy in England and Wales (see for example, Goldson, 2002; Goldson and Muncie, 2006; Pitts, 2003; Smith, 2007). The central argument of this thesis is that knowledge (what is known about effective practice) is not applied effectively in practice. Questions are raised regarding the use of professional discretion and the accountability of practitioners working with young offenders within a perceived managerialist process which neglects individuals needs in favour of achieving targets and performance measures. The findings of this study support the view that the use of standardised assessment tools increase accountability of practitioners whilst reducing their professional discretion, which constrains practice. A lack of structural support created a cultural divide between management and practitioners, which further confounded their practice. Practitioners face a multitude of obstructions to their work with young people, which seem to be further rooted in the prioritisation of recording information and meeting targets, which results in less time attributed to planning and delivering interventions. In a climate of uncertainty for the youth offending service (YOS), in which doubts about its future are frequently raised and further reductions are made to YOS budgets, there is increased need for well-informed and supported practitioners to be working with young people who offend.
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Jones, Bennett. "The End Game of California's Juvenile Justice System: The Case for Complete Realignment and the Elimination of the Division of Juvenile Justice." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/794.
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The juvenile justice system was originally set up under the philosophy that juveniles are inherently different than adults and therefore should not be subject to same harsh punishment as adult criminals. Rehabilitative treatment methods became the center of the juvenile justice system in order to reduce recidivism rates and help reintegrate youths back into society as smoothly as possible. This philosophy changed early in the 21st century, and many states began treating youth offenders in ways similar to adult offenders, with a particular increase in direct files of juveniles to adult court. After about a decade of harsh punishment, the system once again reverted back to the rehabilitative model. California did so through several legislative reforms; however these reforms have not been as successful as they should have been, and the system is still in a state of disarray.
California is currently balancing a failing state juvenile justice system while trying to simultaneously support realignment efforts to the county level. After evaluating the failures of Division of Juvenile Justice and the capacity of the counties, it is evident that counties are not only physically equipped to take on the increased responsibility but are much better suited to do so financially. To best uphold the original goals of the juvenile justice system and the rehabilitative model, California should move to close the Division of Juvenile Justice and completely realign all responsibility to the counties. Keeping juveniles close to their communities creates stronger ties, more continuity of treatment, and reduces the likelihood a youth will reoffend. By tailoring treatment to the individual on a local level, problems such as mental illness, substance abuse, and anger management, can be directly targeted and solved. Intervening at first arrest with effective treatment programs is crucial to decreasing the chance that a juvenile will become a career adult criminal. These juveniles are the future of society; focusing on the rehabilitation of these youths will not only increase community safety but will also produce healthy, productive citizens to contribute to the economy.
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Hillian, Douglas Alexander. "How the parents of boys experience the youth justice system." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ52792.pdf.
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Fitzpatrick, Edel. "Adolescents in the youth justice system and future goal pursuit." Thesis, University of Liverpool, 2013. http://livrepository.liverpool.ac.uk/13053/.
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Goal pursuit is a central element to the developmental stage of adolescence. However, little is known about how adolescents within the Youth Justice System think about their personal future. This present study explores how 14 adolescents in a Youth Offending Service think about their goal aspirations and personal future. Grounded Theory was used to focus upon individual and situational factors that contributed to the process. A theoretical framework was developed which outlined that engaging in thinking about one’s personal future and developing goal aspirations is influenced by appraisal of past and present life events. Central to the development of the theoretical framework was the recognition that participants employed a range of self protecting strategies to avoid against uncertainty and threat of future disappointment. Findings of the study are discussed and clinical implications, methodological considerations and possible areas for further research are presented.
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Jeanis, Michelle N. "Chronic Runaway Youth: A Gender-Based Analysis." Scholar Commons, 2017. http://scholarcommons.usf.edu/etd/6868.
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Runaway youth often face a multitude of negative experiences during their childhood, which often leads to trajectories of psychological disorder/distress, victimization, and offending. This propensity for negative life trajectories may be exacerbated by repetitive runaway behavior. Additionally, these negatives experiences may be further shaped by the gender of the youth, thus creating distinct gendered pathways to chronic runaway behavior, victimization, and offending. This study utilized a sample of youth runaways in the state of Florida (N=295) to build upon the classification/typology research on juvenile runaways by assessing the presence of latent groups of youth based on runaway frequency. In addition, this study utilized classical and modern criminology theories to influence the assessment of the relationship between known runaway risk factors and chronic runaway status. Group-based trajectory modeling was performed and two distinct groups of youth runaways were identified for both full and gender-exclusive models. Chronic runaway analyses indicated both unique and similar gender-based relationships between chronic runaway status and relevant risk factors, suggesting partial support for a gender specific theoretical perspective. Results provide additional insight into youth runaway behavior while also suggesting the need for further exploration of chronic runaway status within the youth runaway population.
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Simmer, William L. "Methodologies for ministries in the criminal justice system a thesis project /." Lynchburg, Va. : Liberty University, 1989. http://digitalcommons.liberty.edu.
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Roettger, Michael Everett Mouw Ted. "Three essays on social inequality and the U.S. criminal justice system." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2008. http://dc.lib.unc.edu/u?/etd,1957.
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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2008.Title from electronic title page (viewed Dec. 11, 2008). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Sociology." Discipline: Sociology; Department/School: Sociology.
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Teang, Pa Nguon Baker Iljas. "Criminal justice system as an obstacle to democratic development in Cambodia /." Abstract, 2006. http://mulinet3.li.mahidol.ac.th/thesis/2549/cd394/4537438.pdf.
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Hamilton, DeLisa Shundra. "Transgender and Gender Nonconforming Individuals' Perceptions of the Criminal Justice System." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7009.
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This study explored the perceptions and lived experiences of 10 transgender and gender nonconforming individuals who had interacted with the various sectors of the criminal justice system (i.e., law enforcement, the prison system, and the court system). The focus of this phenomenological qualitative study was providing insight into how sexual orientation and gender identity influenced transgender and gender nonconforming individuals' experiences and perceptions of the criminal justice system. Procedural justice theory guided this study by providing an understanding of how the behavior of the actors in the criminal justice system shaped the cooperation or resistance of transgender and gender nonconforming individuals. During semistructured telephonic interviews, participants were asked open-ended questions about their feelings, experiences, and perceptions regarding the various sectors of the criminal justice system (i.e., law enforcement, the prison system, and the court system). Using Moustakas's modified Stevick-Colaizzi-Keen approach, 3 themes were identified: (a) interactions with the criminal justice system, (b) thoughts about the criminal justice system, and (c) experiences with the criminal justice system. Findings indicated that the criminal justice system is not adequately prepared to accommodate or appropriately deal with transgender and gender nonconforming individuals and their unique needs. Implications for social change include the development of transgender-affirmative training programs and education for the criminal justice system and its personnel.