Criminal Justice Approach Research Articles

Addressing Psychoactive Drug Use in Iraq: Embracing Challenges and Seizing Opportunities

Drug use disorder is a global health issue and one of the leading causes of premature deaths and disability. There is an increase recognition of the need for a public health rather than criminal justice approach to mitigate the current health burden and prevent future health loss

The Lived Experiences of Plea-Bargaining Agreement Grantees among Selected Residents of DOH-Treatment and Rehabilitation Center

Plea bargaining agreements (PBA) for drug rehabilitation residents in the Philippines seek to strike a balance between criminal justice and public health approaches, allowing individuals to avoid harsh penalties while accessing voluntary, evidence-based treatment and rehabilitation programs. However, the implementation of PBA necessitates a careful design and monitoring system ensures that the well-being of the individuals involved are protected. Our qualitative study explored the lived experiences of selected grantees of plea-bargaining agreement among six in-house program residents of DOH- Treatment and Rehabilitation Center in Bataan to identify the significant changes it has on their lives, given their current situation. Using interpretative phenomenological analysis, responses were interpreted, analyzed, and categorized according to primary patterns. To ensure the reliability and validity of the written protocols, member checking, together with spending prolonged time and description were employed. Results revealed that the participants have generally gained positive insight and were able to attain motivation towards their recovery from drug dependence. They employed various coping mechanisms such as acceptance of their current situation; drawing strength from family; and their pursuance in attaining a better future. The in-depth analysis of the lived experiences and actual accounts of selected residents granted with plea-bargaining agreement generally provides an enriched overview of the recovery pattern of persons who used drugs (PWUDs) inside the treatment and rehabilitation center. This research may serve as a basis for extension services and collaboration among policymakers and society in improving PBA interventions align with human rights principles.

“You walk on glass if you are in that space”: Risks and harms of corruption in wildlife justice pathways in Uganda

Wildlife crime drives existential harms including biodiversity loss and climate change, disproportionately affecting the Global South. Criminal justice approaches dominate the public response, yet scant evidence exists on how corruption, an economic crime, undermines deterrence and exacerbates inequalities. This primary research study utilises a qualitative approach to examine the risks and harms of corruption within wildlife enforcement and justice in Uganda. Using a red-green criminological perspective and drawing upon semi-structured interviews with experts and practitioners from government and civil society, this paper identifies corruption risks in wildlife criminal justice and explores their related harms and consequences. The study finds wildlife enforcement in Uganda suffers from institutional corruption, including perverse incentives which distort targeting and resource prioritisation, leading to discrimination against low-level offenders. Furthermore, differential access to individualist corruption opportunities along the justice pathway enables wealthy or well-connected suspects to avoid sanctions, resulting in sentencing inequities. Despite resulting in differential outcomes for affluent and subsistence offenders, the study concludes that corruption in wildlife justice neutralises deterrence for both offender types. By creating impunity for elites, organised crime actors are attracted to the trade. Moreover, by amplifying sentencing inequalities, subsistence offenders are further impoverished, increasing re-offending. Corruption in wildlife justice thus drives significant long-term environmental, socioeconomic, and political harms, and erodes the rule of law.

The impact of top-down and bottom-up factors in shaping the status of the victim: A study of recent victim empowerment shifts in Slovenia

Victims of crime have seen a significant shift in the criminal justice approaches towards them over time: from rather passive observers of the conflict between the state and the offender to more active agents whose thoughts, wishes and emotions are allowed to be voiced and whose participation is recognised as legitimate in its own right within the criminal process. The article analyses to what extent this empowerment shift is reflected in Slovenia, specifically how the criminal law acknowledges and defines the victim in the criminal justice setting. While the European Union (EU) legislation in this area, as a top-down factor in shaping the rights and status of the victim, has provided an important impetus for legislative changes, particularly in relation to certain aspects, rights and categories of crime victims, as well as the definition of the victim, the more conceptual recent transformations (e.g. an altered model of rape) arose out of changed societal sensitivities spurred by triggering events and a wider social and political context. Implications and outstanding challenges are discussed in the concluding section.

Evaluating the Israeli Community Courts: Key Issues, Challenges and Lessons

AbstractThe last decade has seen the establishment of eight community courts (CCs) in Israel, representing a significant shift from the mainstream criminal justice approach. Inspired by the Red Hook Community Justice Center in Brooklyn, New York, the Israeli CCs reflect an understanding of the links between local communities, crime and rehabilitation. The authors have evaluated the CCs since their inauguration, first in a formative study and then in an evaluation study. The present article focuses on three research modules that were utilized in these studies: the process characterization, which was based on structured observations of court hearings during the formative study; the subjective experiences of court participants, which were collected via in-depth interviews with programme participants; and the recidivism module, which compared the repeat offending patterns of programme participants with those of mainstream court defendants. Rather than detailing the findings of these modules, the paper uses them as examples, offering an open discussion about the process of conducting such studies: the selection of research questions that go beyond the traditional question of repeat offending and their possible theoretical contribution; the methodological, logistical and ethical choices that are made and their underlying considerations; and the obstacles that researchers face en route.

A human rights-based approach for effective criminal justice response to human trafficking

Human trafficking is a complex, multifaceted, and deeply layered issue. Consequently, any mitigation strategy employed against it must also be layered and target the distinct aspects of the issue. For long, the obvious and perhaps the most visible practice to deal with cases of trafficking has been employing a criminal justice approach where the focus largely lies on the persecution of the criminal instead of the protection of the survivors. More nuanced approaches, such as anti-trafficking clauses that protect human rights and focus on removing root causes that directly or indirectly have an impact on trafficking patterns, including labor, migration, and sexual exploitation issues, have emerged to successfully tackle human trafficking as a global issue. The principles and guidelines for such a multi-sectoral, human rights-based approach are primarily aimed at trafficking prevention, protection, assistance to survivors of trafficking, criminalization, punishment, and redressal. This article aims to evaluate this approach and its intersections with the traditional criminal justice approach. It will further discuss the approach that is currently in practice and argue for further improvements and efforts. Finally, it will also discuss the impact of COVID-19 on trafficking in persons.

Legal Responses to Domestic Violence in Marriages and Their Implication for Marriage Sustainability in Nigeria

Domestic violence is a phenomenon which has caused so much concern in society and generated intense debates among policymakers, civil society activists and scholars. It is, therefore, no surprise that it is attracting so much scholarly attention lately. Despite the wide interest it has generated, an appropriate response grounded in law to tackle the scourge has defied logic. The situation even gets more complicated when other societal values such as marriage are present between the parties. So many (legal) mechanisms have been put in place in response to domestic violence. These responses are primarily grounded in law, mainly involving the criminal justice or legal system. Specifically, the typical response has been the use of the law and criminal justice approach. Despite the many advantages of the common approach, questions arise regarding its suitability for married partners. Indeed, recent concerns have arisen, especially in family law jurisprudence, regarding the need to preserve the institution of marriages, especially for domestic violence cases which are ‘resolvable’. This is because, in many cases, the common approach mainly results in the breakdown of marriages. Thus, the partial decriminalisation approach has begun to gain wide attention, especially in domestic violence cases between married partners. The objective of this paper is to analyse the various responses to domestic violence and their implication for the sustainability of marriages.

Learning to see, learning to say, and learning to eradicate domestic violence in China

China’s first-ever, national Anti-Domestic Violence Law (henceforth, the Law) took effect in March 2016. The enactment of the Law was perceived by members of the general public as a solid step, taken by the Chinese government, both to protect the legal rights and interests of victims of gender-based violence (especially female victims) and also to establish domestic violence as a serious socio-legal problem deserving of greater public (especially political) attention. In this article, I choose to primarily focus on one specific type of domestic violence – gender-based violence within a current or former romantic relationship that causes harms to those in the relationship. I aim to identify and examine the limitations with this still recent Law in particular, and the criminal justice approach in general that China has been adopting to stop gender-based violence. Based upon an analysis of a very recent high-profile case of gender-based violence and five annual evaluation reports on the implementation of the Law, I lean to the conclusion that without transforming the socio-cultural context, no domestic violence legislation can effectively address gender-based violence and enhance the wellbeing of Chinese women.

Effects of the Pelotas (Brazil) Peace Pact on violence and crime: a synthetic control analysis

City-led interventions are increasingly advocated to achieve the UN's Sustainable Development Goal to reduce violence for all. We used a new quantitative evaluation method to examine whether a flagship programme, called the "Pelotas Pact for Peace" (the Pacto), has been effective in reducing violence and crime in the city of Pelotas, Brazil. We used synthetic control methodology to assess the effects of the Pacto from August 2017 to December 2021, and separately before and during the COVID-19 pandemic. Outcomes included monthly rates of homicide and property crime, and yearly rates of assault against women and school drop-out. We constructed synthetic controls (counterfactuals) based on weighted averages from a donor pool of municipalities in Rio Grande do Sul. Weights were identified using pre-intervention outcome trends and confounders (sociodemographics, economics, education, health and development, and drug trafficking). The Pacto led to an overall 9% reduction in homicide and 7% reduction in robbery in Pelotas. These effects were not uniform across the full post-intervention period as clear effects were only seen during the pandemic period. A 38% reduction in homicide was also specifically associated with the criminal justice strategy of Focussed Deterrence. No significant effects were found for non-violent property crimes, violence against women, and school dropout, irrespective of the post-intervention period. City-level interventions that combine public health and criminal justice approaches could be effective in tackling violence in Brazil. Continued monitoring and evaluation efforts are increasingly needed as cities are proposed as key opportunities for reducing violence for all. This research was funded by the Wellcome Trust [grant number: 210735_Z_18_Z].

Stalking: Issues of deterrence “When I was stalking, I was so dedicated to it. Nothing would stop me. It was my focus.”

PurposeThis paper aims to present issues of deterrence related to stalking.Design/methodology/approachThe authors have combined recent mixed method research findings and existing general deterrence literature with their practitioner experiences of working with this population, to provide a novel viewpoint paper intending to influence advancements in knowledge in this area.FindingsRecent qualitative research investigating the function of stalking in a small sample (see Wheatley et al., 2020a) noted the participants’ focus on the lack of deterrence. For example, participants described feeling emotionally stuck in their pursuits, experiencing poor access to help and support, being ignorant of the potential custodial consequences of their offending and even stating that imprisonment provided a harsh yet necessary moment of reality.Originality/valueThis novel discussion paper reviews these findings in relation to both the available research based on deterrence generally and deterrence related to stalking and the experience of working with stalking cases in clinical practice. This paper explores what we know about the motivations that underlie stalking behaviour and how that relates to the effectiveness of deterrence, including the role of traditional criminal justice approaches to this type of offending.

What is a public health approach to substance use? A qualitative systematic review and thematic synthesis.

Psychoactive substance use and the regulations that govern it both have the potential to lead to harm. A 'public health approach' (PHA) is frequently invoked as a means of addressing these harms, but the term is used in inconsistent and contradictory ways. This study systematically reviewed the English-language academic literature to understand how a public health approach to substance use is defined and described. This review employed thematic synthesis, a methodology designed to rigorously synthesize qualitative evidence. Eligible articles were published in peer-reviewed journals, in the English language, with full text available, and focused primarily on substance use. There were no limits on year of publication. Original research, opinion/commentary, and reviews were included. The searches were conducted in October 2021 in CINAHL, Embase, Medline, PAIS Index, PsycINFO, Scopus, Sociological Abstracts, and Web of Science. 272 articles from 25 countries, published between 1950 and 2021, were synthesized. Definitions of a PHA have changed over time and differ by substance. The most commonly cited characteristics of a PHA were: for alcohol, regulation, e.g. of price and availability (54% of articles); for cannabis: regulation (68%); for illicit drugs: that a PHA is distinct from a criminal justice approach (63%); for opioids: substance use disorder treatment (55%); and for tobacco: regulation (62%). There is no consensus on the definition of a public health approach to substance use, but there is substantial agreement when it comes to PHAs to specific substances. There are also similarities in how they are described for legal substances versus illicit ones. This review found areas of disagreement regarding the extent to which PHAs should focus on individual-level factors. Policymakers, academics, and others developing or implementing PHAs to substance use should be explicit about their aims and objectives - as well as the premises and assumptions underlying them.

Research on Criminal Justice Approaches under the Background of Intelligent Justice

The intelligent justice in the situation of the Internet and big data emerged for our attention, and then become the focus of the current judicial reform issues. At the procedural level, intelligent justice can promote efficiency, openness, and standardization of procedures; At the physical level, intelligent justice helps to achieve the same case reference in the context of big data. However, the intelligent justice is not a panacea, there are prerequisites, process, results and essential defects. Intelligent justice constructs a beautiful blueprint for the development of judicial prospects. The disorder in its application process is the pain in the running-in period between the intelligent justice, a new thing and the old judicial system, but it is undoubtedly a positive signal of reform.

Preventing Revictimization in Sexual Assault Investigations: Personal Security and Trauma-Informed Case Management*

How we treat victims determines the amount of information we gain from a victim interview. It is also crucial for the security of victims, and for preventing revictimization in a criminal procedure. Nancy Oglesby, Esq., a career prosecutor, and Director of Justice 3D, was interviewed to highlight the necessity of trauma-informed, victim-focused interview practices. Oglesby has handled thousands of domestic violence, child abuse, elder abuse, and sexual violence cases with a trauma-informed, victim-centered criminal justice approach. The interview raises awareness of law enforcement, prosecution, victims’ advocacy professionals, and college students aspiring to continue in the field of special victims.

Exposure to gun violence among the population of Chicago community violence interventionists

Gun violence is a leading cause of premature death and a driver of racial disparities in life expectancy in the United States. Community-based interventions are the foremost policy strategy for reducing gun violence without exacerbating harm associated with criminal justice approaches. However, little is known about the interventionist workforce. In 2021, we used a researcher-guided survey to obtain a near-census of Chicago violence interventionists (n=181, 93% response rate). Workers were mostly male (84%) and Black (80.9%), with a mean age of 43.6 years. Interventionists commonly experienced work-related exposure to violence and direct victimization. A total of 59.4% witnessed someone being shot at, whereas 32.4% witnessed a victim struck by gunfire. During work hours, 19.6% were shot at, while 2.2% were nonfatally shot. Single-year rates of gun violence victimization exceeded those of Chicago police. Results suggest that investment in community violence intervention should prioritize improving worker safety and reducing violence exposure while developing support for vulnerable frontline practitioners.

Reflections on Criminal Justice Reform: Challenges and Opportunities

Considerable efforts and resources have been expended to enact reforms to the criminal justice system over the last five decades. Concerns about dramatic increases in violent crime beginning in the late Sixties and accelerating into the 1980s led to the “War on Drugs” and the “War on Crime” that included implementation of more punitive policies and dramatic increases in incarceration and community supervision. More recent reform efforts have focused on strategies to reduce the negative impacts of policing, the disparate impacts of pretrial practices, and better strategies for reducing criminal behavior. Renewed interest in strategies and interventions to reduce criminal behavior has coincided with a focus on identifying “what works.” Recent increases in violence have shifted the national dialog from a focus on progressive reforms to reduce reliance on punitive measures and the disparate impact of the legal system on some groups to a focus on increased investment in “tough on crime” criminal justice approaches. This essay offers some reflections on the “Waged Wars” and the efforts to identify “What Works” based on nearly 40 years of work evaluating criminal justice reform efforts.

Perpetuating Injustice: The Criminalisation of Youth Gangs in Mombasa, Kenya

Mombasa is well known for problems with gangs. Some of them are composed of a high proportion of youths under 18 years, with some as young as 7 years old. Many use drugs, some carry out thefts, and some are known for large-scale violent robberies with the use of knives, severely injuring members of the public. In an attempt to manage the problem, the killing of perpetrators through mob justice or in police operations is commonplace. This paper contributes to our understanding of youths in gangs and interventions to tackle gang violence. We argue that not all “gangs” are involved in criminal activity. However, some gang members may be viewed as perpetrators of violent crime but also as victims of marginalisation and unfavourable environments, which constrain life choices, making violent crime a frequent path. Moreover, criminal justice approaches have failed these youths. The current inconsistent, corrupt and brutal approach by police serves to compound the problem, while external actors benefiting from youth gangs’ operations are tolerated by the state. Increased resistance is evident as youth gangs tend to increase their violence against the public in order to take “revenge” against the police. Structural violence is an important cause of the problem and is also replicated in current mitigation approaches.

Psykisk vold inden for lovens rammer

AbstractPsychological violence is a new phenomenon in the Danish criminal justice system. A law against degrading and coercive behavior among close relations was introduced to the Danish Penal Code under § 243 in 2019 to protect victims of this form of violence. This article investigates the application of the new law and discusses its possibilities and limitations. Using mixed methods, we examine 631 police reports and 29 court transcripts. Our analysis allows us to characterize the most frequent types of cases that arise within the criminal justice system. This is possible due to our collaboration with the Danish police, who have provided us with information on every reported case of psychological violence in Denmark. The analysis shows that the new law is difficult to apply and that it has resulted in very few convictions this far. Furthermore, the convictions obtained reflect only a narrow range of the behaviours the new law is designed to address. All 10 convictions concern a male perpetrator battering a female partner. Cases that did not result in conviction concern a much broader range of psychological violence. The criminal justice approach to the problem of psychological violence has been unsuccessful so far in meeting its objective of protecting victims. The main challenge is the many legal requirements of the law which leave significant discretion to the police, prosecution and the courts. There is a possibility that the legislation will help build normative barriers against psychological violence, but this theoretical effect is long-term and dependent on how the law is applied

A Review of Modern Slavery in Britain: Understanding the Unique Experience of British Victims and Why it Matters

This article offers an original contribution to the field of victimization studies by investigating the current context of, and responses to, British nationals who are victims of modern slavery in the UK (BVs). Through the examination of National Referral Mechanism and Duty to Notify statistics, a current picture of specific experiences of BVs in the UK is illustrated with reference to identification and access to support. An exploration of the reasons for non-engagement of BVs with services and the detrimental impact this may have on their recovery highlights pertinent issues of mistrust, stigma and shame. Compounded by the current criminal justice approach towards modern slavery, the effects on the well-being of victims and survivors document the barriers to accessing services. A lack of engagement with the complexity of modern slavery; a lack of knowledge, training and expertise; and a lack of comprehensive guidance result in poor outcomes for BVs. Overall, the findings of this article are important in recognizing that the needs of BVs are currently not adequately met. A comprehensive investigation is required to examine the specific needs and experiences of BVs so that responses can be improved to effectively and appropriately support them into long-term and meaningful recovery.

MALAYSIA’S COUNTER-TERRORISM POLICY: SHIFTING FROM THE EXECUTIVE-BASED TO THE CRIMINAL JUSTICE APPROACH?

Malaysia’s counter-terrorism strategy has its roots within the 12-year campaign against the communist insurgency between 1948 and 1960. During the emergency period, the government relied heavily on executive-based measures, which operated as a primary instrument to execute the “Winning Hearts and Minds” agenda. The state executive body and its agents had a wide range of powers at its disposal, including indefinite detention without trial and the restriction of residence against terrorist suspects. A similar approach was maintained through various legislations, even after the country gained independence in 1957. However, recent developments indicate a significant change in the attitude of the government. The criminal justice approach begins to gain greater prominence, this being evident from the growing number of prosecutions against terror suspects and the creation of new terrorism-related offences. This paper first examines whether the apparent change is genuine and sustainable in the long term. This concern is connected with the nature and limits of the criminal law and justice system, along with other challenges derived from the existing structure, culture, and practices within the country. By adopting a socio-legal approach, this research also investigates the factors favouring and hindering the criminal justice approach empirically and theoretically as a primary legal response to countering terrorism in Malaysia. The ultimate aim is to contextualise an effective and fair legal response to terrorism that is able to operate within multifaceted counter-terrorism arrangements involving different stakeholders.

Examining the streets of Kabalagala’s CBD Using Crime Prevention through Environmental Design (CPTED)

ABSTRACT Developing countries should explore other avenues apart from the traditional approaches of crime prevention mainly involving the criminal justice and social approaches of crime prevention that may assist in arresting crime amid resource constraints and predicted increase in population. This paper evaluates the streets of Kabalagala township Located in Kampala City, Uganda using a Defensible Space checklist and assess the perceptions of property/business owners concerning property crimes at the street level. The findings indicated that the streets of Muyenga, Gaba and Kikubamutwe were impacted by the existence of isolated areas and concealment opportunities and presented signs of poor maintenance and management of street elements which may have adversely affected effective natural surveillance and attracted criminal activity.