Criminal Justice Stakeholders Research Articles

Establishing the nexus among mob justice, human rights violations and the state: Evidence from Nigeria

Over time, justice has been one of humanity's most important affairs the state institutions are mandated to achieve every in civil and criminal proceedings. However, the Nigerian state criminal justice system faces the issue of individuals embracing illegal punishment termed “mob justice” to address public security threats and police neighborhoods. Such punishment tends to violate human rights laws. Hence, this study explored mob justice issues and their intersection with human rights in Nigeria. From 1152 participants recruited in Lagos, Nigeria using simple random and convenience sampling methods, the data was gathered via a structured questionnaire and analyzed using Statistical Package for Social Sciences. The findings indicated that institutional problems and unethical practices in the criminal justice system aggravate public distrust. In conjunction with socioeconomic disparities, the distrust triggers individuals to adopt an unconventional approach (mob justice) against crime suspects for public security's sake. Such an approach violates suspects' rights to life, a fair hearing, justice, and protection from degrading treatments as stipulated in the 1999 Nigerian Constitution and international human rights treaties the country is a signatory to. However, the study advised the Nigerian state and criminal justice stakeholders to address structural and institutional issues that make mob justice an alternative form of justice appealing to the public.

A Rapid Review of Literature on Factors Associated with Adult Probation Revocations

ABSTRACT Criminal justice stakeholders have increasingly relied on probation supervision as an alternative to incarceration and yet, probation revocations often result in incarceration. As such, increased understanding of the mechanisms behind revocations and strategies to reduce them is critical. We conduct a rapid review of the literature on factors associated with probation revocations. Specifically, we review 50 articles on how probation officer behavior, officer-client relationships, caseload size, supervision intensity, monetary sanctions, probation client characteristics, or programming and services are associated with probation revocations. Though the literature is limited, and findings are mixed, the most consistent findings indicate that officer-client relationships involving trust, support, respect, and empathy as well as reduced caseload sizes and cognitive behavioral therapy programs are associated with probation success while intensive supervision programs; greater monetary sanctions and nonpayment of those sanctions; and being Black and less educated are associated with poorer supervision outcomes. Implications for future research, policy, and practice are discussed.

Paternal Incarceration, Race and Ethnicity, and Maternal Health.

Although increased attention has been placed on the potential deleterious consequences of paternal incarceration on maternal health, little empirical research has attempted to understand the physiological processes that might underlie this relationship. Moreover, exposure to incarceration and access to resources that shape family incarceration patterns are unequally distributed across racial and ethnic lines, yet few studies utilize analytic frameworks that account for this social reality. Using a within race/ethnicity analytic framework, the present study addresses these gaps by examining relationships between paternal incarceration and telomere length for Black, Latina/o, and White mothers. Data were drawn from the Fragile Families and Child Wellbeing Study, a longitudinal, stratified multistage probability sample of couples and children in 20 large U.S. cities. The final analytic sample consisted of 2174 mothers that were followed from pregnancy to age 9 of the focal child. Findings revealed exposure to paternal incarceration was negatively associated with telomere length for Black mothers, but not for Latina/o and White mothers. Mediation analysis also showed paternal incarceration-telomere length relationships did not operate through secondary stressors, such as economic instability, poor mental health, and parenting stress. Overall, results demonstrated that the detrimental physiological consequences of paternal incarceration for mothers depended on racial and ethnic background. Findings from this study can provide a foundation upon which health scholars and criminal justice stakeholders may better understand whether and how paternal incarceration shapes deleterious health patterns for the mothers who remain to care for the children of those incarcerated.

Improving the Forensic Documentation of Injuries Through Alternate Light: A Researcher-Practitioner Partnership.

An alternate light source (ALS) is a practitioner-driven technology that can potentially improve the documentation of injuries among victims of interpersonal violence. However, evidence-based guidelines are needed to incorporate and document an ALS skin assessment into a forensic medical examination that accurately reflects the science, context of forensic nursing practice, trauma-informed responses, and potential impact on criminal justice stakeholders. This article introduces the forensic nursing community to a current translation-into-practice project focused on developing and evaluating an ALS implementation program to improve the assessment and documentation of bruises among adult patients with a history of interpersonal violence. Our researcher-practitioner collaboration uses theory-based approaches that consider both the developed program's practice context and stakeholder impact. The goal is to provide evidentiary support for adult victims of violence and a more equitable forensic nursing practice that benefits diverse patient populations.

Probabilistic reporting and algorithms in forensic science: Stakeholder perspectives within the American criminal justice system

In recent years, there have been efforts to promote probabilistic reporting and the use of computational algorithms across several forensic science disciplines. Reactions to these efforts have been mixed—some stakeholders argue they promote greater scientific rigor whereas others argue that the opacity of algorithmic tools makes it challenging to meaningfully scrutinize the evidence presented against a defendant resulting from these systems. Consequently, the forensic community has been left with no clear path to navigate these concerns as each proposed approach has countervailing benefits and risks. To explore these issues further and provide a foundation for a path forward, this study draws on semi-structured interviews with fifteen participants to elicit the perspectives of key criminal justice stakeholders, including laboratory managers, prosecutors, defense attorneys, judges, and other academic scholars, on issues related to interpretation and reporting practices and the use of computational algorithms in forensic science within the American legal system.

Elevated police turnover following the summer of George Floyd protests: A synthetic control study

AbstractResearch summarySeveral of the largest U.S. police departments reported a sharp increase in officer resignations following massive public protests directed at policing in the summer of 2020. Yet, to date, no study has rigorously assessed the impact of the George Floyd protests on police resignations. We fill this void using 60 months of employment data from a large police department in the western United States. Bayesian structural time‐series modeling shows that voluntary resignations increased by 279% relative to the synthetic control, and the model predicts that resignations will continue at an elevated level. However, retirements and involuntary separations were not significantly affected during the study period.Policy implicationsA retention crisis may diminish police departments’ operational capacity to carry out their expected responsibilities. Criminal justice stakeholders must be prepared to confront workforce decline and increased voluntary turnover. Proactive efforts to improve organizational justice for sworn personnel can moderate officer perceptions of public hostility.

Deciphering Data

Sentencing data are ubiquitous, as are discussions about the need for and importance of data collection and assessments. More and more criminal justice stakeholders acknowledge—or even proclaim—that data are valuable, if not essential, for sentencing decision-making. This is a positive development, and one that should not be too readily considered inevitable or without the potential for controversy. This essay explores the sentencing and data nexus and makes recommendations for the future.

Truth, Lies and The Paradox of Plea Bargaining

This Article describes the regular use of lying during plea bargaining by criminal justice stakeholders, and the paradox it presents for those who care about creating a fairer criminal legal system. The paradox is this: lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for — and sustains — the problematic system it seeks to avoid. The Article lays out a taxonomy of lying at plea bargaining, organizing the types of lies into three categories: lies about facts, lies about law and lies about process. The criminal justice system produces a litany of injustices. Implicitly authorized, systemic lying offers a means of dealing with these perceived injustices. But lying also obscures the system from public view, hiding and relieving pressure points via plea bargaining. Unfortunately, what seems like the natural solution — to make the system more transparent and accountable — would likely harm individual defendants. If lying at plea bargaining disappeared tomorrow, many defendants would suffer dire consequences, such as deportation for minor charges or being subjected to outrageous mandatory minimum sentences. These defendants would lose their ability to avoid the injustices of the system. And yet, lying at plea bargaining is the result of a series of interlocking, mandatory laws and rules that many stakeholders believe are deeply unfair and should be reformed. Thus, lying at plea bargaining is both a means of avoiding injustice and a force prohibiting meaningful reformation of the laws and rules that produce such injustice. To put it another way, the lies in the taxonomy are workarounds for a system so barbaric that lawyers are willing to lie to help defendants avoid the worst of it, but they also make that same system nearly impossible to reform. Examining this paradox leads to the conclusion that conversations about reform must focus on total overhaul of the system, not piecemeal correction. Something closer to abolition than alteration is the appropriate response to a system so entangled that lying is the only way to reach a just resolution.

Exploration of Prosecutor Experiences with Non-consensual Pornography

ABSTRACT There are several challenges facing criminal justice stakeholders with the emergence of this form of criminality, aptly termed “nonconsensual pornography.” The current study will examine the management and experiences of a newer form of cybercrime, non consensual pornography, by an imperative category of criminal justice stakeholders: county and district prosecutor offices in the United States. With data collected from electronic surveys, this exploratory study will investigate the frequency these offices are experiencing nonconsensual pornography cases, and any significant factors that affect the sanctions administered by the court system. Results indicated prosecutor offices experienced revenge pornography crimes more so than any other form of nonconsensual pornography. In addition, the results from both quantitative models indicated more years of practice of law in a current state increased the likelihood of revenge pornography cases prosecuted receiving a sanction of incarceration and/or fine.

The Broad Scope and Variation of Monetary Sanctions: Evidence From Eight States

Author(s): Shannon, Sarah; Huebner, Beth M.; Harris, Alexes; Martin, Karin; Patillo, Mary; Pettit, Becky; Sykes, Bryan; Uggen, Christopher | Abstract: Monetary sanctions have long been a part of the U.S. criminal justice system but have received increasing attention from the public as well as legal scholars and social science research in recent years. This essay describes initial findings from the Multi-State Study of Monetary Sanctions, a multi-method study designed to build on the prior research on legal financial obligations (LFOs) by examining the multi-tiered systems of monetary sanctions operating within eight states representing key regions of the United States (California, Georgia, Illinois, Minnesota, Missouri, New York, Texas and Washington). Our research explores the constantly changing legal environment and documents how the law is practiced on the ground. We expand on prior research by engaging a large and diverse group of people who owe legal debt and criminaljustice stakeholders. We augment these data with systematic court observations across different jurisdiction sizes and court levels. In doing so, we fill important gaps in the current understanding of U.S. systems of monetary and provide findings that can be used for guiding policy.

Police retention and storage of evidence in England and Wales

Central to the operation of the appellate system, is the ability of individuals who claim that their conviction is in error, to revisit and re-examine evidence gathered during the investigation, as well as that relied upon at their trial. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post conviction. There is also an imperative for forces to retain evidence in investigations in which no perpetrator has been detected or convicted, to facilitate cold case reviews. In order to give effect then to an appellate system and enable cold case reviews, evidence needs to be retained and properly stored. If materials are not retained and stored correctly, then re-investigations are rendered impossible. Retention is especially critical in respect of physical materials that could be subject to forensic examination. With the progress of science and technology, and the interpretation of results, it is essential that such physical (and now, often digital) materials are retained for future (re)evaluation. From analysis of responses to a Freedom of Information request to all police forces in England and Wales, and qualitative interviews with criminal justice stakeholders, this article examines the retention and storage of materials, and considers the operation and future of the Forensic Archive Ltd. It details a worrying picture of inconsistency, with confusion over what should be retained, and how. It concludes that justice demands that we accept that the proper retention and storage of materials is fundamental to the fair and effective operation of our criminal justice system, and ensures that the Court of Appeal can fulfil its remit in addressing wrongful convictions and forces can pursue justice in cold cases.

Increasing the accessibility and impact of justice-related student and practitioner research

Much good quality research by pre-doctoral students and case-work focused practitioners remains unpublished. However, their findings could contribute to the evidence base underpinning science and practice within international justice system contexts. There are two main challenges to making findings accessible: reaching all criminal justice stakeholders, and encouraging collaborative efforts in research addressing ‘real world’ problems.This article presents the rationale for a new, open access repository. The aim is to share good quality pre-doctoral and practitioner criminal justice research across traditional disciplinary and international borders. Such a repository should be easy to use, well maintained and sustainable. Its reach, value and impact also need to be measurable. We present the major considerations relating to the operation and workflow of such a repository, and outline the potential value, benefits and limitations. Our research suggests that the proposed repository could foster interdisciplinary and collaborative work to benefit global justice systems and societies.

Different ways of seeing: Exploring audience reactions to images of probation supervision

Participatory visual research methods like Photovoice have become increasingly popular in social science research over the past two decades. While the benefits for co-researchers are well-established, audience studies remain relatively scarce. This represents an important gap in knowledge, especially since advocacy for social change is regarded as a core goal of Photovoice research. The authors aim to contribute to the nascent audiencing literature by exploring the responses from an audience of criminal justice stakeholders to an exhibition of photographs produced by people under probation supervision in Dublin, Ireland. The discussion begins with a critical reflection on the researchers’ experience of curating a Photovoice exhibition. Next, audience responses to the images are explored, including the extent to which intended messages reached the target audience and encouraged them to reflect more deeply on the meaning of supervision. Finally, the implications for audiencing studies are considered, particularly the challenge of managing inter-subjectivities in the data analysis process.

Factors associated with extrajudicial arrest for syringe possession: results of a department-wide survey of municipal police in Tijuana, Mexico

BackgroundMexican law permits syringe purchase and possession without prescription. Nonetheless, people who inject drugs (PWID) frequently report arrest for syringe possession. Extrajudicial arrests not only violate human rights, but also significantly increase the risk of blood-borne infection transmission and other health harms among PWID and police personnel. To better understand how police practices contribute to the PWID risk environment, prior research has primarily examined drug user perspectives and experiences. This study focuses on municipal police officers (MPOs) in Tijuana, Mexico to identify factors associated with self-reported arrests for syringe possession.MethodsParticipants were active police officers aged ≥18 years, who completed a self-administered questionnaire on knowledge, attitudes and behaviors related to occupational safety, drug laws, and harm reduction strategies. Univariable and multivariable logistic regression was used to identify correlates of recent syringe possession arrest.ResultsAmong 1044 MPOs, nearly half (47.9%) reported always/sometimes making arrests for syringe possession (previous 6mo). Factors independently associated with more frequent arrest included being male (Adjusted Odds Ratio [AOR] = 1.62; 95% Confidence Interval [95% CI] =1.04–2.52; working in a district along Tijuana River Canal (where PWID congregate) (AOR = 2.85; 95%CI = 2.16–3.77); having recently experienced a physical altercation with PWID (AOR = 2.83; 95% CI = 2.15–3.74); and having recently referred PWID to social and health services (AOR = 1.97; 95% CI = 1.48–2.61). Conversely, odds were significantly lower among officers reporting knowing that syringe possession is legal (AOR = 0.61; 95% CI = 0.46–0.82).ConclusionsPolice and related criminal justice stakeholders (e.g., municipal judges, prosecutors) play a key role in shaping PWID risk environment. Findings highlight the urgent need for structural interventions to reduce extra-judicial syringe possession arrests. Police training, increasing gender and other forms of diversity, and policy reforms at various governmental and institutional levels are necessary to reduce police occupational risks, improve knowledge of drug laws, and facilitate harm reduction strategies that promote human rights and community health.

Australasian Forensic Science Summit 2016: business models towards 2030

The characteristics of successful business models for the delivery of forensic science towards 2030 was the subject of a working group discussion stream at the Australasian Forensic Science Summit held on the 8th and 9th of December 2016 in Canberra, Australia. A diverse working group of practitioners, managers and leaders from government forensic science services considered current business models and their fitness for the future in light of local and global trends impacting policing, criminal justice and the community. This article summarizes the discussions into the strengths and risks of current models followed by an analysis of future challenges for forensic science, including changing demand and balancing the needs of policing and criminal justice stakeholders. Opportunities for future business models are explored under the themes of customer responsiveness, specialist services, quality assurance, information technology, technology disruption and future workforce. The outcomes of the discussions are expressed as a set of statements intended to stimulate thinking about the future business model needs of forensic science in Australia and New Zealand.

Pilot Testing of an Online Training for Criminal Justice Professionals on Medication-Assisted Treatment

There is widespread misunderstanding about medication-assisted treatment (MAT) for opioid addiction. Although most MAT trainings target providers, criminal justice program staff and treatment referrers often determine offender placement. This article supports the efficacy of an online MAT training for criminal justice stakeholders.

Can the Federal Criminal Justice System Effectively Identify and Respond to Modern Sentencing “Hot Spots”?

''Hot-spot policing'' has proven to be an effective modern crime reduction strategy. Crime mapping technologies and other forms of data analyses now enable police forces to identify crime hot spots and then invest in focused interventions to improve public safety. Given the success of hot—spot policing, other criminal justice actors should consider and explore how sophisticated data analyses might be used to identify and respond to ''hot-spot'' problem areas within their spheres of activity. Unfortunately, as the materials in this Issue of the Federal Sentencing Reporter suggest, adopting a ''hot-spot'' approach to modern federal sentencing reform may be challenging. Sentencing data can often prove harder to collect and interpret than crime data, which creates difficulties in identifying accurately what are (and are not) critical sentencing ''hot spots'' in modern federal law and practice. Moreover, even when a consensus develops concerning what constitutes a federal sentencing ''hot spot,'' different criminal justice stakeholders will often have very different views concerning what focused interventions are needed to improve the federal sentencing system. This FSR Issue prompts consideration of these matters through its focus on the findings and recom- mendations in two massive new research reports that the U.S. Sentencing Commission published in early 2013. These two reports—one concerning the post-Booker federal sentencing system in general, the other concerning the operation and application of the child pornography guidelines—identify what the Com- mission considers problem areas in the operation of the federal sentencing system and suggest means to address them. But other materials in this Issue concerning these reports—including a set of original commentary from researchers and practitioners, as well as a lengthy letter from the Department of Justice to the Commission—highlight challenges posed by efforts to respond effectively to data-driven assess- ments of the functioning (and perceived dsyfunctioning) of the post-Booker federal sentencing system. The primary goal of this FSR Issue is to facilitate a better understanding of the nature and limitations of the new data and recommendations appearing in the USSC's two new reports. The Editors hope this FSR Issue enables participants and observers of the federal sentencing system to assess effectively what these reports tell us—and fail to tell us—about modern federal sentencing policies and practices. The U.S. Sentencing Commission's ''Hot Spot'' Mandate and Limitations The Sentencing Reform Act expressly gives the U.S. Sentencing Commission a duty to periodically ''review and revise, in consideration of comments and data coming to its attention, the (federal sen- tencing) guidelines.'' 1 The SRA further instructs that, in ''fulfilling its duties and in exercising its powers, the Commission shall consult with authorities on, and individual and institutional representatives of, various aspects of the Federal criminal justice system;'' 2 it even calls upon certain authorities to ''at least annually, submit to the Commission a written report commenting on the operation of the Commission's guidelines, suggesting changes in the guidelines that appear to be warranted, and otherwise assessing the Commission's work.'' 3 Through these statutory instructions, Congress has essentially mandated that the Commission, aided by key federal criminal justice stakeholders, adopt a kind of ''hot spot'' approach to reviewing and revising the federal sentencing guidelines.

Converging on Empathy: Perspectives on Baltimore City's Specialized Prostitution Diversion Program

This article explores perceptions of 17 women currently or formerly engaged in prostitution regarding Baltimore City's Specialized Prostitution Diversion program. Findings indicate that most perceive the program positively because they are in desperate need of services and because they hope it augurs the readiness of the criminal justice system to understand what leads them to engage in prostitution. Their desire to be treated like “human beings” in need of assistance, which undergirds requests for concrete services, reveals gendered understandings of responsibility and dependence that are compatible with problem-solving models of justice. It is therefore likely to resonate with criminal justice stakeholders.

Rhetoric or Restoration? A Study into the Restorative Potential of the Conditional Cautioning Scheme

In December 2007, the conditional caution scheme was introduced as a result of the Criminal Justice Act 2003. The aim of this scheme was to provide an additional option to the range of ‘out of court disposals’, which can be imposed on offenders for minor offences without the necessity of court appearances. The conditional caution is an enhanced caution which allows conditions to be imposed, such as reparation, letters of apology or drug and alcohol awareness courses, which must be fulfilled in order for the caution to be completed. Restorative justice is also an option with regard to these cautions. After canvassing stakeholders within this process, it was observed that the concept of introducing victim–offender mediation within the cautioning process was not commonly viewed as a positive step. The majority of victims were not in favour of this, and other criminal justice stakeholders were also divided as to whether this would be beneficial. The motivation behind these responses differed according to the role played within the process, with victims being pessimistic regarding the benefits of this approach, and criminal justice professionals expressing concern with regard to the time-consuming nature of these activities. An additional flaw in this process centred around communication with victims. There appeared to be a disparity between contacts with different victim types, with corporate victims only contacted if time allowed. This indicated that time constraints were a specific deciding factor with regard to the process.