What do students really know about criminal justice?

This survey of three hundred and twenty undergraduate students attempted to determine their knowledge of crime and punishment in North Carolina. Respondents answered a series of open- and closed-ended questions regarding various legal topics, such as statutory rape and the legal ages for tobacco and alcohol use. The participants were also asked to list punishments for various offenses, such as possession of marijuana, driving while intoxicated, and rape. They were then asked to define certain legal terms such as larceny. The results indicated that most students were unable to provide correct corresponding punishments for many offenses. They were also unable to accurately define various legal terms, such as robbery or rape. The implications for stronger education in the area of criminal justice are discussed.     

A feminist analysis of the American criminal justice system’s response to human trafficking

While criminological and criminal justice scholars have made important contributions to human trafficking literature, to date, such scholarship has been devoid of a feminist analysis of the topic as scholars have spent little time reflecting on how patriarchy impacts the criminal justice system’s response to human trafficking. Such examination is necessary to understand how the issue of patriarchy impacts criminal justice system approaches to the crime as well as the outcomes of such anti-human trafficking efforts. It is argued the influence of patriarchy on criminal justice system policy development and practice undermines the system’s anti-human trafficking efforts.     

Sex/gender‐based decision‐making in the criminal justice system as a possible (additional) explanation for the underrepresentation of women in official criminal statistics — a review of international literature

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.     

Plea bargaining in the Nigerian criminal justice system: A procedural tool for loot recovery or justice administration?

Crime, Law and Social Change - Plea bargaining is one of the procedural tools introduced into the Nigerian Criminal Justice System to ensure quick dispensation of justice, save time and resources...     

A review of the CDM literature: from fine-tuning to critical scrutiny?

As negotiations on the post-2012 climate regime are now taking off, it is time to look back and assess the experiences of the clean development mechanism (CDM) to this date. The CDM has been subject to extensive discussion in academic literature during the last few years, and this article reviews that literature in order to sum up its main themes. A common assessment is that the current structure of the CDM leads to a focus on cheap emissions reductions at the expense of sustainable development benefits for the host countries. Recently, the questionable additionality of many CDM projects has become a central issue. The article further argues that whereas a substantial body of work exists on the CDM, this work is mainly preoccupied with a ‘fine-tuning’ of the mechanism. As the CDM now becomes increasingly institutionalized, scholars should also take a step back and study the CDM in a more theoretically oriented way.

What does recovery mean to a forensic mental health patient? A systematic review and narrative synthesis of the qualitative literature

This is a systematic review and narrative synthesis of qualitative literature for forensic mental health patients’ perceptions of recovery. Relevant databases were searched and a total of 11 studies that fit the inclusion criteria were identified. Thematic Synthesis was applied to synthesise the collated themes into six superordinate themes: connectedness, sense of self, coming to terms with the past, freedom, hope and health and intervention. Two superordinate themes were particularly prevalent: connectedness and a sense of self. It is argued that a focus on increasing opportunities for forensic mental health patients to develop a sense of self and connectedness could help improve recovery. Future recommendations to expand on these findings include using grounded theory methods to develop theoretical understanding of the data.     

How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights

This article proposes a recognition of five tiers of criminal justice reflecting five degrees of limitation on fair trial rights instead of the traditional notion of two tiers of indictable and summary processes in England and Wales. Over the last 15 years, the radical transformation of summary criminal processes has challenged the idea of ‘two tiers of justice’. Such measures as preventive orders, out-of-court disposals and regulatory offences process, which are characterised by higher levels of restriction on due process rights in comparison with the traditional summary process in Magistrates’ Court, should be considered new tiers.     

What harm,whose justice?: excavating the restorative movement

The city of Hull in the northeast of England gave itself the ambitious task of becoming the world’s first restorative city. The aim of this strategy was to create a more socially and emotionally confident youth population which in turn would encourage a more entrepreneurial and aspirational outlook across the City. Based on a two-year National Lottery-funded project exploring peoples’ experiences of restorative approaches and a Knowledge Transfer Project to help develop restorative skills, the development of restorative justice is analysed. How does a restorative classroom, workplace, or family really behave? Is there a common objective within, and across, all restorative initiatives and if so, what is it? The answer to these questions is that communication breakdown can be understood as the common harm within, and across the restorative movement. This raises some interesting questions and challenges for zemiology where both restorative justice and social harm perspectives contain quite different notions of harm suggesting that neither has yet developed a clear or solid foundation upon which to build an alternative focus to criminal harms.     

What Can We Expect to Gain from Reforming the Insolvent Trading Remedy?

This paper argues that reform of the wrongful trading remedy in section 214 of the Insolvency Act 1986 is unlikely to yield significant increases in civil recovery for creditors of insolvent companies. The paper argues that the widely held view that procedural restrictions in the provision have unduly limited the application of the remedy are without foundation and, likewise, that there is little evidence that current modest levels of litigation under the provision demonstrate underperformance in the sanction relative to the scale of the misconduct against which it is directed. The paper draws on a wide range of analytical and empirical evidence to argue that the scope for application of the sanction is inherently limited by factors independent of the particular rules within the statutory remedy.     

Sustainability through an integrated approach to decision making? A law and regulation case study

Many legal fields are relevant to all kinds of problems; however, decision makers often take a narrow approach, looking only at the base of the claim or the issue they are established to consider. This can led to imbalanced outcomes. There is a particular risk of this in respect of decisions regarding key societal challenges, which might be the subject of law and policymaking from several different perspectives. This paper explores the need and bases for a more integrated approach to decision making. It does so using a case study, and explores a range of laws that could be relevant to a business seeking to use technology and resources that could address climate change, the different decisions that courts can make (with a focus on the nature of the action, outcome and forum), and the resulting conflicts, synergies and areas of enquiry.     

Interviewing to Detect Deception: When to Disclose the Evidence?

Research shows that there are few objective cues to deception. However, it may be possible to create such cues by strategic interviewing techniques. Strategic Use of Evidence (SUE) is one such technique. The basic premise of the SUE technique is that liars and truth tellers employ different counter-interrogation strategies, and that the evidence against the suspect can be used to exploit these differences in strategies. This study examined the effect of the timing of evidence disclosure (early vs. late vs. gradual) on verbal cues to deception. We predicted that late disclosure would be most effective in differentiating between liars and truth-tellers, and that cues to deception in the gradual disclosure condition would progressively disappear due to the suspects’ realization that evidence against them exists. That is, we expected that liars in the gradual presentation condition would become more consistent with the evidence over time. A sample of 86 undergraduate students went through a mock-terrorism paradigm (half innocent, half guilty), and were subsequently interviewed using one of three disclosure strategies: early, gradual, and late disclosure. We measured statement-evidence inconsistencies as cues to deception . Results supported our predictions in that cues to deception were most pronounced in the late disclosure condition. Contrary to our expectations, the results suggested that presenting the evidence gradually may put innocent suspects at a higher risk of misclassification as they seem to adopt a strategy that is more similar to guilty suspects.     

What Are the Obstacles to Defense Counsel?

Many years ago, at a session of the USSR Supreme Soviet, Deputy I. A. Kairov uttered these words of bitter truth: "A kind of strange attitude still persists toward defense lawyers as if in some way they were impediments rather than contributors to the administration of justice."     

Made to measure? An analysis of the transition from Disability Living Allowance to Personal Independence Payment

As part of the government’s programme of welfare reform Personal Independence Payment (PIP) is replacing Disability Living Allowance (DLA) for people of working age. This will have a significant impact on a wide range of disability benefit claimants. This article examines the government’s rationale for replacing DLA with PIP, the key technical differences between the two benefits and the role that disability benefits can play in reducing poverty. The introduction of PIP has led to considerable debate in the social welfare law sector about the scope, purpose and assessment of social security benefits for the disabled. These issues are explored with reference to the first Gray Review of PIP (2014) and the United Nations Committee on the Rights of Persons with Disabilities Inquiry (2016) into the impact of the UK Government’s policies on disabled people.     

Intimate partner violence against women. Does violence decrease after the entry of the alleged offender into the criminal justice system?

Intimate partner violence(IPV)is simultaneously assumed as a serious crime and a major public health issue,having recurrences as one of its main characteristics and,consequently,re-entries of some alleged offenders in the criminal justice system(CJS).The main goal of this study is to assess if in cases of female victims of IPV,violence decreases after the first entry of the alleged offender in the CJS.A retrospective study was performed based on the analysis of police reports of alleged cases of IPV during a 4-year period.The final sample(n=1488)was divided into two groups according to the number of entries in the CJS(single or multiple)followed by a comparative approach.Results suggest that violence decreases after the first entry of alleged offenders in the CJS.Re-entries were found in only 15.5%of the cases but they were accountable for 3.3 times more crimes on average.Besides,victims of recidivism presented more injuries and required more medical care.Thus,a small group of alleged offenders seems to be more violent and accountable for most of the IPV crimes registered in the CJS suggesting that regardless of legal sanctions aiming to deter violence,these measures may not be enough for a certain group of offenders.This study sustains the need for a predictive model to quantify the risk of repeated IPV cases within the Portuguese population.     

Access to justice: is legal services regulation blocking the path?

Abstract

High prices and lack of innovation have placed expert legal services beyond the reach of too many Americans and Canadians. Is legal services regulation exacerbating common law North America's access to justice problem? Does regulatory maintenance of a unified legal profession, and insulation of that profession from non-lawyer influence, make it more difficult for people here to meet their legal needs? This article argues that, although regulatory liberalization is not a magic bullet for the accessibility of justice, there is strong evidence of a link between regulation and access. North American lawyer regulators need to understand, and work to reduce, the effects of their policies on the accessibility of justice.     

A meta-analysis of the correlates of turnover intent in criminal justice organizations: Does agency type matter?

Purpose

The study synthesizes the literature on turnover intentions to assess what domains (e.g., personal characteristics, work environment, and job attitudes) account for the strongest association with turnover intent, what are the characteristics of these relationships, and how do these relationships differ by criminal justice practitioner type.

Methods

The current study utilizes a systematic review to obtain studies for conducting a meta-analysis. The researchers utilized the r family/correlation coefficient. Studies were weighted by sample size, correlations converted to Fisher’s z, analyses performed, and results converted back to r for interpretation.

Results

In terms of the individual predictors for law enforcement, the five strongest variables included alternative job search behavior, job satisfaction, psychological distress, emotional exhaustion, procedural and distributive justice. The five strongest predictors of turnover intent for institutional corrections were normative commitment, emotional exhaustion, depersonalization, affective commitment, and job satisfaction. The five strongest predictors for community corrections included experience, alternative job search behavior, perceptions of coworkers, growth need strength, and job satisfaction.

Conclusions

The results of the meta-analysis confirmed the domain of personal characteristics, overall, has the weakest association with turnover intent whereas work environment and job attitude domains consistently display moderate-to-large effects for both law enforcement and corrections.