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In recent decades, the number of women under criminal justice supervision has increased considerably, many of whom are serving time for drug offenses. Furthermore, women in prison are more likely than their non-institutionalized counterparts to suffer from a substance abuse disorder. While there is a growing body of research concerning women offenders’ drug abuse and treatment needs, few studies have examined the substance abuse treatment outcomes of women in the criminal justice system. Using data from Outcome Evaluation of the Forever Free Substance Abuse Treatment Program, this study compared women’s self-reported drug use twelve months after participation in high-intensity (n = 101) and low-intensity (n = 81) prison-based substance abuse treatment programming (N = 182). Women who perceived high levels of emotional social support were less likely to report substance use at 12-month follow-up. Furthermore, perceptions of emotional social support and treatment intensity interacted in their association with relapse, such that the protective effect of social support was strongest for women who participated in high-intensity programming. The results of the analyses highlight the importance of perceived social support for women with substance abuse disorders who are transitioning from prison-based substance abuse treatment programming to the community.  相似文献   

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How to manage and reintegrate offenders released from prison is a vexing problem for governments. The challenge of reintegration has forced a pendulum shift in corrections toward a more social-psychological understanding of the nature of offender release, after decades of purely psychological paradigm dominance. This article explains how reentry problems and practice encompass the shift in a context of a risk-centric and averse public. New reentry models such as Circles of Support and Accountability demonstrate an approach to reentry that draws upon the tenets of restorative justice and desistance theories. Using qualitative data on reintegration within New Zealand, this article contributes to our understanding of the problems for correctional departments to facilitate reintegration in the context of risk managerialism, and theorizes about the dimensions and implications of “restorative reentry.”  相似文献   

4.
Restorative justice is currently practiced in a variety of ways inside correctional facilities. One such way is the facilitation of restorative justice education. If grounded in restorative values, such education can contribute to outcomes similar to other restorative practices, such as victim offender dialogue. These outcomes include opportunities to speak to personal experiences, personal change, and growth, and a desire to engage in positive relationships and give back to the community. This paper draws on the teaching and facilitation experiences of the author and incarcerated peer facilitators to develop a restorative justice pedagogy. This pedagogy, based on restorative values, aims to inspire individual and social transformation; build community among participants; give voice to the unique experiences of participants; offer opportunities for real-life problem solving; provide a creative learning environment that is co-created by students and facilitators; view students as practitioners, theorists, and educators; and invite instructors to view themselves as students and share in the learning process. Implications of the restorative justice pedagogy for teaching outside the prison context and with course material other than restorative justice conclude the article.  相似文献   

5.
President Biden has called for reform of the criminal justice system to ensure fair treatment of people who are transgender who come into contact with the criminal justice system. He has done so in a context in which criminologists, public health researchers, and others, including journalists and advocates, have produced a growing body of research that documents the over criminalization and differential incarceration of people who are transgender as well as the high rates of victimization of transgender women who are incarcerated. Accordingly, this article describes a growing literature on the sexual victimization experienced by transgender women who are incarcerated; focuses analytic attention on the housing contexts in which this kind of discriminatory gendered violence emerges and takes shape; points to some emergent policy responses related to these concerns; and calls for original research that, if conducted, could advance the criminological literature in meaningful ways and set the stage for evidence‐based prison policy and practice related to what is now predictably high rates of violence against transgender women who are incarcerated.  相似文献   

6.
李江发 《法学杂志》2012,33(4):152-156
正义是社会的价值追求,法是社会正义的表达,正义的司法是能够满足社会公众利益最大化要求的司法。周美知等人不服不起诉决定申诉案的受理和查处,实现了民众情感、社会公理和法律规范的有机结合,揭示了在构建和谐社会的语境下司法决定和社会正义价值认同的必要性与可行性。  相似文献   

7.
Gender differences in treatment and in judgments of distributive and procedural justice were examined. Three hundred nine litigants who had been involved in arbitrated auto negligence lawsuits responded to exit surveys. Two mechanisms by which gender might influence justice perceptions were explored. First, we examined whether a “chivalry bias” might be operating, in which the procedures systematically favor women over men. If such biases occur, women might feel they had been treated more fairly because of egocentric biases. Results provided only modest support for the chivalry bias. While women received slightly better awards and perceived somewhat more control than men, these differences had no effect on perceptions of distributive or procedural justice. Second, we examined whether men and women differ systematically in the factors they use as indicators of distributive and procedural justice. On the basis of group-value theory we predicted that women might place more emphasis on standing or on outcome favorability. The study revealed that men and women did differ in how they defined distributive justice, with women placing more emphasis on their perceived standing and on their perceptions of the favorability of their outcomes. There were no substantial gender differences in how procedural justice was defined. Results are interpreted in terms of how women might be responding to insecurity about facing a justice system historically dominated by men. An erratum to this article is available at .  相似文献   

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There is a significant and growing volume of research into the way in which offenders desist from crime and their resettlement and reentry into society following a custodial sentence. As is too often the case in criminological research, women are underrepresented in these areas of investigation. This research aimed to investigate how women in the last 3 months of a prison sentence plan and prepare for their release. Using data generated from qualitative interviews with women prisoners and prison staff over a 13-month period in a closed women’s prison in England, this paper will argue that women prisoners have motivation and desire to desist from crime post-release, but their attempts to plan for release are hindered by a responsibilization discourse that runs throughout the institution and by a severe lack in all forms of capital (social, cultural, economic, and symbolic). This not only results in many women being released with little support in place to help them achieve their aims of a crime-free life in the future but also highlights the problems with a prison system based on male-centered knowledge.  相似文献   

9.
Desistance from crime has been of increasing interest within criminal justice literature, but desistance from offending behaviour whilst in custodial environments has not yet been investigated. Violence within prison establishments continues to be a significant problem; therefore, this study investigated the factors that are associated with desistance from custodial violence in 63 UK Category C adult male prisoners with a record of violence in prison. Participants completed measures of eight social and subjective factors associated with desistance in community samples. Those who had desisted from prison violence for 12 months or more showed greater levels of pro-social attitudes, agency and resilience than those who persisted in violence. Agency independently predicted desistance and this was particularly the case for younger offenders. Internal shifts appeared to be supported by a positive work environment. It is concluded that in custody an internal shift in perspective is especially important for desistance, and that this can be supported by the social environment. Opportunities to intervene may be greater in younger prisoners. It is recommended that current initiatives in developing agency and positive social interaction, such as Psychologically Informed Planned Environments, are further developed.  相似文献   

10.
As an alternative means of achieving justice, restorative practices are touted as community based. The ownership of decisions regarding the response to crime belongs to the key stakeholders, including victim(s), offender(s), and members of the community, both large and small. Each is invited to participate and through their participation, the stakeholders come to own the justice process and its outcomes. One challenge facing restorative practices lies in getting the community to participate. Without the community, several aspects of justice that are restorative, including forgiveness, support for participants, and reintegration are unlikely outcomes. This research examines community involvement in a victim–offender mediation program through observation and analysis of the agreements produced. The findings suggest that while restorative justice is theorized as community based, the community, in this case, appears absent.  相似文献   

11.
ABSTRACT

Restorative justice is an approach to incidents of harm involving a high level of support and accountability for people who cause harm. To date, there is neither federal regulation nor commonly applied standard of care for re-entry to campus by a student who has been found responsible for sexual misconduct. Restorative justice re-entry circles represent a promising approach to the reintegration of students, taking into account the needs of the individual survivor, the student who violated policy, and the safety concerns of the campus community. Using a case study, this article outlines an example of a re-entry circle at a university in the United States and discusses the lessons learned with regard to concerns about the student’s mental health status, issues of race and racism on campus, and the role of a trauma-informed approach to circle practice in incidents involving a complex interplay of mental health, social status, and race on campus.  相似文献   

12.
The purpose of this study was to investigate the gender differences in the state of interpersonal needs and psychological health of male and female prison inmates who live in the same prison. The authors conducted in-person interviews with 118 male and 70 female inmates. The results show that women present a better interpersonal state and psychological health than do men. For both genders, the consequences of fulfilling or not fulfilling interpersonal needs-specifically, social loneliness and sexual satisfaction-are associated with psychological health. These findings suggest the importance of the state of prison inmates' interpersonal needs in promoting psychological health in the context of the prison, where these needs are generally difficult to be met. Making contacts possible between male and female inmates who are in the same prison might help them to better fulfill some of their interpersonal needs, especially those related to their sexual lives.  相似文献   

13.
The main issue is the legal protection of children and juveniles suspected of or convicted for crime. The age of criminal responsibility is 15 years in the countries concerned. Particular juvenile justice systems do not exist in Scandinavia. There are, however, exceptions from the general system in order to maintain needs, interests and rights of children and juveniles. Some common characteristics are described, for instance diversion of juveniles from prison into social welfare measures and the prohibition of placing children in jail. Individual characteristics are pointed out as well. Introduction of secure social institutions as an alternative to imprisonment in Sweden and Denmark is one, mediation processes with children as parties in Finland and Norway is another. It is argued that from the point of view of legality the demands for legal rights are of greatest importance in prosecution and punishment matters, whereas social welfare support is not to the same degree concerned about such questions. Furthermore it is argued that in spite of good intentions the Scandinavian countries challenge the UN Convention on the Rights of the Child, by not definitely prohibiting the possibility of a juvenile serving a prison sentence together with adults. It is stated that the distance between constructive pragmatism and destructive loss of principles as legality, equality and proportionality may be short. Crime trends are not linked to the politics: there is no relation between crime rates and political attention to crime. Juvenile justice has increasing political attention these years while the crime rates tend to be stable. In relation not solely to the economy and the Convention but first and foremost in the interest of children and juveniles more thought should be given to scientific experiences about early and appropriate prevention.  相似文献   

14.
The procedural justice model has been widely used as an explanation for understanding legitimacy and compliance with the law, particularly within the context of policing. Central to this model is the importance of procedural fairness—in which the treatment of citizens and offenders by criminal justice agents can play a key role in building legitimacy and influencing compliance with legal rules and values. This paper examines the relationship between procedural fairness and legitimacy within the context of corrections. Drawing on data from a longitudinal survey of more than 3,000 prisoners across England and Wales, we identify an important link between procedural fairness and prisoner perceptions of legitimacy. We further examine variations in legitimacy in terms of individual prisoner characteristics, conditions within prison, as well as differences between prisons.  相似文献   

15.
A program designed for either women, visible minorities, or disabled persons was rated by 264 women and men respondents. An analysis of variance revealed that reactions to affirmative action varied according to the sex of the respondent and the group targeted by the policy. Further analyses were conducted to examine the effects of two social justice concerns on support for affirmative action, that is, scope of justice (extending fair treatment onto others) and perceived threat on behalf of nondesignated groups. According to findings, the link between social justice concerns and reactions to the policy was affected by the group targeted by affirmative action. Furthermore, both social justice concerns were not equally important predictors of attitudes toward affirmative action for women and men respondents.  相似文献   

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暂予监外执行是本应在监禁机构行刑的犯罪人暂时变更到监禁机构外进行刑罚执行,其本质特征应为行刑人道主义,行刑人道主义分为功利的人道与公正的人道两种不同理念。建议我国暂予监外执行制度变更为暂停监禁刑罚执行制度。在构建我国暂停监禁刑罚执行制度中,遇到保护个体的功利人道与保障社会整体的公正人道冲突时,应做出保障个体功利人道的价值选择。  相似文献   

18.
This paper explores the relevance and applicability of recent theoretical developments in surveillance studies in the context of contemporary British criminal justice policy. It will be argued that surveillance now occupies a privileged position in official policy. In a raft of new policy initiatives undertaken either as part the general project to modernise the criminal justice system or in response to particular crises, the surveillant solution occupies the central stage. Thus, whether it be in response to anxieties over sex offenders, failures of social services in protecting children at risk, or the management of the prison population, for example, the policy response has been to increase the surveillance capacity of the state. In particular, in line with the new penology thesis we are witnessing an expansion of the generalised surveillance capacity, in relation to all citizens, which may be characterised as passive and reactive. Simultaneously, vestiges of the old criminology remain as an officially designated ‘hard core’ of persistent or problematic offenders subject to the full panoply of surveillance techniques, which are proactive, extensive and intrusive. Thus, we are witnessing both an intensification and a bifurcation of surveillance practice. This paper was prepared for the European Journal on Criminal Policy and Research special edition on Fear vs. Freedom post 9/11-The European Perspective.  相似文献   

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This article represents an analysis of the literature on sex‐based selection processes in the criminal justice system. It is only since the feminist wave of the sixties that sexual discrimination has been considered as an issue of importance in the study of the criminal justice system and that female criminality has been looked at more thoroughly. The article deals with the different assumptions and hypotheses which have come forward in the debate on the possible discrimination of men and women in the criminal justice process. In the first part of the article the various theoretical models are outlined: the chivalry and evil women hypotheses, the legal or etiological model, the social control theory, the family‐based justice model, and a multifactoral model. In the second part of the article, the results of empirical research relevant to these hypotheses are presented. American, British, Belgian, Dutch and some German literature has been taken into account. The review of the literature shows that the chivalry hypothesis cannot offer an all‐embracing explanation for the possibly perceived preferential treatment of women. Similar conclusions can be drawn for the explanatory value of the legal model. Although a more lenient treatment of women can sometimes be explained by legal factors, these factors can offer no more than a partial explanation for observed sex differences in the criminal justice system. Especially in the case of pre‐trial release and sentencing, more particularly when deciding whether or not to send a defendant to prison, a noticeable sex‐effect can still be found. In the literature we find strong suggestions — although not always confirmed — that an (initially observed) more lenient treatment of women at these stages can be explained by stereotypes and expectations about the personality of women as less dangerous and the specific role which women fulfill in western society.  相似文献   

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