Criminal Justice Responses Research Articles

Combating the ‘myth of physical restraint’ in human trafficking and modern slavery trials heard in the Crown Court

The greatest hurdle to an effective criminal justice response to human trafficking is the prevalence of myths about how exploitation happens and who ‘counts’ as a genuine victim. This includes the myth that, to be a genuine victim, an individual must have been subject to some form of physical restraint. Previous work has demonstrated how this myth undermines trafficking prosecutions in various jurisdictions. It has demonstrated that, in the absence of physical restraint during their exploitation, victims are deemed to lack credibility. However, what is missing in the current body literature is a robust analysis of whether something should be done to address this issue. By engaging with the foundational principle of accurate fact-finding, this article argues that some form of regulation of cross-examination in the English and Welsh jurisdiction, with a view to preventing this myth from manifesting in trials, would be justified.

\u201cComplete Labelling\u201d and Domestic Prosecutions for Crimes Against Humanity

Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue that “complete labelling” is a related but separate principle which has not received any explicit attention from commentators. Whereas fair labelling focuses, usually, on the protection of defendant’s rights, the principle of complete labelling explains and justifies whether the labels attached appropriately represent the nature and scale of the wrong done to the community. As a case study, I apply this lens in the context of regional (U.S./Mexican) criminal justice responses to crimes against humanity perpetrated by “drug-cartels” in the context of the Mexican Drug War. Successive administrations in Mexico and the U.S. have tended to charge cartel leaders (and/or their political supporters) with so-called “transnational crimes” (for example, drug-trafficking, money-laundering, bribery/corruption). This is despite the fact that many of the most powerful cartels have controlled territory, attacked entire towns, carried out acts of terror, and disappeared thousands of people. The principle of complete labelling is useful in normative terms because it helps in the critical examination of a State’s prosecutorial practices, exposing problems that might otherwise be missed. In relation to the case study discussed, for example, a focus on complete labelling helps to expose the regional prosecutorial policy as either an unjustified exercise in selectivity or, at worst, an expression of collective denial. After considering certain counteracting reflexions which speak to some of the foundational anxieties of international criminal justice, the article concludes that domestic prosecutions for crimes against humanity in the context of drug-cartels may, sometimes, be justified.

Evaluating perceptions of sexual coercion: the role of personality, gender, and motive in birth control sabotage

ABSTRACT Public attitudes are considered influential in terms of determining criminal justice responses to offending behaviour, however, research into sexual coercion and specifically Birth Control Sabotage (BCS) has received little attention. The aim of this study was to explore the influence of dark triad traits, gender, and motive on perceptions of BCS. Participants (N = 273) were recruited from a general population sample. All participants completed the Short Dark Triad (SD3) and read four vignettes relating to BCS, where perpetrator gender and function of sabotage (motive) were manipulated. Participants responded to these vignettes on a scale examining victim blame, criminality and victim impact. The results are discussed with reference to previous research exploring victim blame in other aspects of non-consensual sexual behaviour. As one of the first studies in this area, possible real-world implications and future directions are discussed in terms of jury decision making and victim support. Practical Impact Statement: Practice impact statement: This article assists professionals in developing educational strategies and policies for how police and the legal system approach birth control sabotage and reproductive autonomy by explaining how attributing responsibility to victims and perpetrators and the need for police intervention is related to gender, intent and perceptions of affirmative consent.

Public health and police: Building ethical and equitable opioid responses

The opioid overdose epidemic remains a profound public health crisis in the United States, killing more than 500,000 people between 1999 and 2020 (1, 2). The dominant narrative explaining policy responses to the epidemic concludes that because opioids are disproportionately a problem of white populations, governments have opted for public health solutions rather than the criminal justice responses to previous drug epidemics, such as crack cocaine in the 1980s. We assert that this understanding is too simplistic. Opioid overdose mortality rates among American Indian and Alaska Native communities have long paralleled those of whites, and Black and Latinx people have seen precipitous increases in opioid overdose death in recent years (3, 4). Policy responses to the opioid epidemic thus far have entailed a counterproductive integration of public health and law enforcement. This approach has undermined the effectiveness of public health practice and threatens racial health equity. Image credit: Shutterstock/Kimberly Boyles. Additionally, we argue that, despite this apparent sea change, policy responses to the opioid overdose epidemic have not been primarily those of public health, defined as responses that prioritize nonpunitive and noncoercive treatment and prevention over interdiction and criminal enforcement. Rather, we believe policy responses entail a counterproductive integration of public health and law enforcement—namely, local health authorities and local police departments—thus creating new forms of surveillance and criminalization. We contend that this integration undermines the effectiveness of public health practice and threatens racial health equity. Public health and police collaborations integrate public health and law enforcement agencies and policy agendas. Implemented in jurisdictions nationwide, these collaborations take shape through cross-sector data sharing, policy, and programming (5). Despite the priority given to collaborations by policymakers, these initiatives remain understudied, with limited appraisal of their functions, benefits, and unintended consequences. We must assess these collaborations within the broad … [↵][1] 1To whom correspondence may be addressed. Email: bennett.allen{at}nyulangone.org. [1]: #xref-corresp-1-1

Gender and Criminal Justice Responses to Terrorism in the United States

Generally, women receive more lenient treatment by the criminal justice system compared to men. Prior research on how gender shaped prosecutorial decision-making and sentencing outcomes has focused on conventional forms of crime, while less is known about how it operates in terrorism-related cases. This is a critical gap in a growing body of research on justice disparities given that women continue to make up a significant portion of terrorism defendants in the U.S. Utilizing data from the American Terrorism Study, we seek to answer how legal and extralegal case attributes of federal terrorism cases vary across gender, how gender shapes federal terrorism case outcomes, and how combinations of relevant case attributes uniquely impact court outcomes for males and females.

A Body Speaks: State, Media, and Public Responses to Femicide in Guatemala

In 2008, Guatemala passed the Law against Femicide and Other Forms of Violence against Women, establishing the gender-based killing of women (femicide) as a unique crime. Since then, over 9000 Guatemalan women and girls have died violent deaths. How do Guatemalan institutions and publics react to these women’s murders, and what do these reactions reveal about the impacts of legislative reform for individual victims, Guatemalan society, and criminal justice institutions? To answer these questions, we analyze state, media, and public reactions to three high-profile femicides that took place after the 2008 VAW Law. We trace the criminal justice response and legal developments following each femicide, and couple this with an analysis of newspaper coverage and social media commentary about the case. We find that despite the passage of new legislation and the creation of new institutions, various weaknesses in the Guatemalan criminal justice system undermine the impacts of reforms. These weaknesses in the criminal justice system produce three types of injuries: (1) individual injuries by hurting victims and their families; (2) public injuries by diverting public attention away from reflections about social norms and VAWG; and (3) institutional injuries by reinforcing the public’s distrust of the criminal justice system.

Investigating the awareness of virtual and augmented realities as a criminal justice response to the plight of awaiting-trial inmates in Ebonyi State, Nigeria

Investigating the awareness of virtual and augmented realities as a criminal justice response to the plight of awaiting-trial inmates in Ebonyi State, Nigeria

Exploring peer support for community, criminal justice and crisis response

Observing that mental health and substance use disorder crisis response and prevention are critical to helping people move forward on a path to recovery and well‐being, mental health leaders discussed opportunities to engage peers as leaders in developing community solutions to behavioral health challenges during a recent webinar hosted by The College for Behavioral Health Leadership.

Special Courts as Nigerian Criminal Justice Response to the Plight of Awaiting Trial Inmates in Ebonyi State, Nigeria

This study looks at how using special courts can provide succor to the plight of awaiting trial inmates in Ebonyi state, Nigeria. The study adopted quantitative and qualitative research methods, with a sample of 1,498 respondents comprising 617 police officers, 623 awaiting-trial inmates, 113 court staff, and 145 prison officers drawn from Ebonyi State. Purposive and Multi-stage sampling techniques were used to reach the respondents. The quantitative data was descriptively analyzed using percentages and charts, while a thematic method of analysis was employed in the qualitative data. The findings revealed that, while there has been an uptick in awaiting trial problems, there is no meaningful provision to address them, despite the existence of provisions within the Nigerian legal framework. The article calls for the creation of special courts that are equipped to address peculiar crime cases in a more effective and faster manner. These courts are better poised to address the peculiarities of special cases and pass better and faster judgments.

Professionals' Views on Responding to County Lines‐Related Criminal Exploitation in the West Midlands, UK

While certainly not a new phenomenon, the exploitation of children and vulnerable adults in ‘county lines’ drug distribution and sales now attracts considerable attention and concern. In this study, we explored professionals' perspectives on understandings of and responses to this issue in the West Midlands, UK. We conducted in‐depth interviews with 11 participants from policing, prosecution, government and the third sector. Participants typically saw county lines‐related exploitation as insufficiently understood, especially where individuals are both victimised and commit offences are concerned. They also characterised responses as hampered by factors such as variable use of legislation, inconsistent intelligence sharing and insufficient resources – particularly to support vulnerable people. More robust multiagency collaboration could help address these issues, although it also involves challenges. Our exploratory study focuses on criminal justice responses to county lines‐related exploitation in particular, a relatively narrow set of professionals and one specific geographical location, meaning findings must not be overextended. Nevertheless, it provides novel insights into a complex, important and understudied phenomenon. We situate the work against the broader literature on exploitation, drawing parallels with child sexual exploitation and ‘modern slavery’ that could inform further research.‘Provides novel insights into a complex, important and understudied phenomenon’Key Practitioner Messages The term ‘county lines’ may obscure the complexities and harms of criminal exploitation of children and vulnerable adults in this context. There can be a challenging interplay between victimisation and offending. Although those exploited have agency, they also often face obvious power imbalances and heavily constrained choices. Enforcement alone is insufficient: addressing vulnerabilities and complex needs is vital from a preventative perspective. Improved training on the use and applicability of relevant legislation would likely support investigations and prosecutions. Implementing and abiding by a consistent framework for information sharing could facilitate more effective responses.

Fuel to the fire? Newspaper reporting of sexual offending across the US, UK, Norway, and New Zealand

Research suggests that the news media plays an important role in shaping public opinion about sex crimes and the people who commit them, thereby influencing the development of laws and policies. The media has potential to fuel non-evidence-based policies that are ineffective and counterproductive. Alternatively, the media offers a powerful vehicle for educating the public and promoting evidence-based practices and policies. The current study aimed to examine newspaper reports of sexual crimes across four countries with different criminal justice responses to sexual offending. Constructed week sampling was used to generate samples of newspaper articles over a six-month period in 2015. Episodic articles were coded to examine how people accused/charged with sexual offenses were portrayed, the extent to which articles aligned with stereotypes, and the extent to which rehabilitation was mentioned as a solution (n = 240). Episodic and thematic articles were combined to code for systemic/environmental solutions to sexual crimes (n = 290). Overall, Norwegian articles demonstrated more neutral and less informative portrayals of individuals who have sexually offended, compared to US, UK, and New Zealand. At the same time, Norwegian articles were less likely to discuss solutions to sexual offending. Rehabilitation was rarely discussed as a solution. However, environmental/systemic solutions were discussed in approximately one third of articles. Implications for framing sexual abuse as a public health problem rather than a criminal justice problem are discussed.

Perspectives on Police Specialization in Art Theft Investigations

AbstractThe concept of specialization is accepted in many fields of policing, yet most national law enforcement authorities do not regard art and cultural heritage crime as one deserving of specialist attention. Drawing on interviews with Norwegian and international stakeholders, the analysis identifies what separates art theft investigations from other investigations and when specialist knowledge becomes necessary. Findings reveal compelling arguments for specialization and establishing dedicated art crime units. Respondents voiced clear concerns regarding the level of prioritization and knowledge of art theft in the police; yet, the analysis cannot conclude that art theft investigations in Norway have necessarily suffered from an absence of specialization. To justify the establishment of a dedicated unit, first there is a need to develop consistent crime recording practices, create a national database for stolen or missing art and conduct comprehensive and systematic research to determine what characterizes the crimes and the current criminal justice response.

The Wheel of Change Moves On: Assessing the Severity of Stalking Behavior.

Stalking is a significant social issue. The inconsistency as to what defines stalking has resulted in the creation of different methods to measure the crime. However, there has been minimal work done that assesses the severity of individual stalking behaviors. The aim of the present study was to assess the level of stalking behavior in terms of severity within a randomly selected sample of 924 cases from the database of the National Stalking Helpline. Item response theory analyses were used to assist in developing a scale that displays the ranking order of each stalking behavior. These analyses were also used to examine whether the stalking behavioral items created a single continuum of severity of stalking. Results indicated that 16 stalking behavioral items of the 28 items present in the National Stalking Helpline, best represented the severity of stalking. Unwanted communication behaviors such as text messages and phone calls were located at the lower end of the severity scale, whereas criminal damage and death threats were mapped on the higher end of the continuum. The findings also revealed that the 16 items categorized under 6 factors. The findings of the present study provide many implications for stalking agency professionals and criminal justice responses.

An uphill battle: A case example of government policy and activist dissent on the death penalty for drug-related offences in Indonesia

In 2014, newly-elected President Joko Widodo announced that Indonesia was facing a national ‘emergency’ due to high levels of drug use that necessitated harsh criminal justice responses, including the ultimate punishment of death. On April 29, 2015 Indonesia executed eight prisoners condemned to death for drug-related offences, including seven foreigners, eliciting widespread international criticism. This commentary explores the strategies employed and obstacles faced by national anti-death penalty advocates that opposed the 2015 executions, primarily focusing on their efforts between 2015 and 2017. We begin by highlighting existing political narratives that make the death penalty an attractive option for the Indonesian government, before discussing key approaches employed as part of anti-death penalty efforts. It is hoped that a better understanding of existing efforts to promote abolition and the challenges associated with these approaches will help inform a more systematic and evidence-based approach to policy, practice, and discourse on the death penalty for drug-related offences in Indonesia.

International humanitarian law and the criminal justice response to terrorism: From the UN Security Council to the national courts

AbstractSince the adoption of the first United Nations Security Council (UNSC) counterterrorism resolution after the 9/11 attacks, the UNSC has increasingly required the domestic criminalization of “terrorism” acts and ancillary activities. Without the inclusion of an explicit international humanitarian law (IHL) or humanitarian exception, the UNSC has – so far – failed to harmonize the counterterrorism legal framework with IHL, leaving it up to States to define the interaction between the two. In their national legislation and courts, States’ interpretations have varied but counterterrorism legislations have been used to adjudicate conducts in armed conflicts, regardless of their legality under IHL. As the domestication of UNSC offences is ongoing, good practices are highlighted in this paper and recommendations are offered to ensure the development of international customary law in accordance with IHL.

Male Victims' Experiences With and Perceptions of the Criminal Justice Response to Intimate Partner Abuse.

Intimate partner abuse (IPA) carries severe physical and psychological consequences for victims, and the police and courts are some of the essential formal structures that help victims address their victimization. Studies suggest that male victims of IPA are reluctant to speak about or report their victimization to the police. This qualitative study examines the experiences male victims of IPA had with the criminal justice system (i.e., the courts and police). We conducted interviews with 16 men who had experienced IPA in their previous relationship in Canada. Two major themes about the police response were identified: the barriers to contacting the police for help and negative experiences with the police response. We found that men who chose not to contact the police did it due to the negative expectations of being ridiculed by the police, not being believed, and fear of being arrested. Those men who called the police for help reported unfriendly and antagonistic police treatment and the police’s reluctance to charge abusive female partners. The themes that reflected the male victims’ interactions with the court pointed to: (1) legal and administrative abuse by female partners, including false accusations and manipulations of child custody, and (2) a general bias against men in the courtroom. This study brings attention to the need for law enforcement officers to be aware of the experiences and perceptions male victims have of the criminal justice system and the need for the criminal justice system to create more inclusive strategies to help male victims of IPA.

Dissemination and Impact Amplified: How a Researcher–Reporter Collaboration Helped Improve the Criminal Justice Response to Victims With Untested Sexual Assault Kits

We present a case study of a researcher–reporter collaboration that formed from an initiative to address thousands of previously untested rape kits in one Midwestern (U.S.) jurisdiction. We explore this symbiotic partnership by examining (a) how and why it formed; (b) the outcomes, including extensive and public dissemination and a unique project that surveyed 294 Ohio law enforcement agencies to see what happened after the rape kits were tested (Ohio Rape Kit Survey Project); and (c) the impact that the partnership, dissemination, and larger initiative had in sparking demonstrable change in how the justice system and the general public responded to and engaged with the issue of untested rape kits and with victims of sexual assault. We conclude with larger takeaways from this collaboration for researchers and reporters but also provide a framework for how this type of collaboration can be leveraged to produce change for the greater good.

Race, Neighborhoods, and Sentencing: How Social Conditions and Neighborhood Types Affect Incarceration Disparities

Crime rates and criminal justice responses to them are unevenly distributed across communities in the United States. When court officials review a new case, they consider whether the alleged offender and incident fit the “normal” profile of a case from a community. Neighborhoods and their conditions, such as economic disadvantage, crime rate, and racial/ethnic composition, may have understudied impacts on disparities in incarceration sentencing. This study evaluates whether the conditions in areas where defendants live and where they offend affect racial differences in incarceration sentences. Doing so allows us to estimate whether sentencing disparities are differentially affected by neighborhood type. Relying on the Gelbach decomposition method to estimate the size and sources of Black–White disparities in incarceration sentencing decisions, the study reveals that economic disadvantage in a defendant’s neighborhood of residence increases the likelihood of incarceration and lengthens sentences for Blacks. Conversely, economic affluence in neighborhoods of criminal incident reduces racial differences in sentencing by producing harsher sanctions for Whites. Findings highlight the importance of incorporating neighborhood contexts into assessments of sentencing disparities.

A practical approach to sexual abuse allegations: Netherlands Expert Committee for Equivocal Sexual Abuse Allegations

Equivocal sexual abuse allegations are those in which the details of the alleged offence(s) are uncertain. The circumstances are ambiguous, there is limited evidence, and it is unclear how police investigations should proceed. This article discusses the challenges such allegations pose for police, prosecution, judges and mental health experts, and advocates for the use of multidisciplinary expert opinion during the investigation. The practical application of this approach by the Netherlands Expert Committee for Equivocal Sexual Abuse Allegations (LEBZ) is described, which has assessed over 900 cases since its inception in 1999. The LEBZ approach represents a significant innovation in police and criminal justice responses to equivocal allegations of sexual assault, which warrants consideration in other jurisdictions.

디지털 콘택트 시대의 범죄와 형사사법적 대응 전략

전 세계를 강타한 코로나19는 사람들의 일상과 사회 전반에 영향을 미치고 있는바, 범죄나 형사사법 분야도 그 예외가 아니다. 우선 코로나19로 인해 감염병 예방 및 관리에 대한 정부 당국의 강제처분 권한과 벌칙 규정이 강화되었는가 하면, 마스크나 손소독제 등의 매점매석 행위에 대한 처벌 규정이 정비되었다. 또한 사회적 거리두기가 실시되면서 사이버범죄나 가정폭력은 증가하는 반면 오프라인 상에서 벌어지는 대인간 범죄는 감소할 것이라는 전망이 나오기도 했다. 무엇보다 교도소 등 구금시설 내의 감염병 확산이 문제되면서 과밀수용 해소 방안이 다시금 모색되었고, 감염병 확산 방지라는 측면에서 공판절차를 정지하고, 형사절차의 전자화를 활성화시켜야 한다는 필요성도 대두되었다. 특히 코로나19의 유행을 차단하고자 많은 사람들이 인터넷을 매개로 연결됨으로써 사이버 범죄가 증가하고 있는데, 최근에는 원격화상회의 시스템을 공격하는 이른바 ‘줌 폭격(Zoom-Bombing)’이 새로운 문제로 부각되고 있다. 코로나19를 계기로 디지털 전환이 가속화되고 있는 가운데, 현행 형사법제만으로 국민들의 법익이 제대로 보호될 수 있는지에 대한 비판적 고찰이 요구된다. 이에 본 연구는 코로나19 확산이 범죄에 미칠 영향을 조망하고, 디지털 콘택트 시대의 사이버범죄의 발생 양상과 그 대응 방안에 대해 논하고자 한다.