Criminal Justice System Responses Research Articles

Insufficient criminal justice system response to the severity of domestic violence during the pandemic in Indonesia

Domestic violence increased dramatically in Indonesia during the COVID-19 pandemic compared to the previous pandemic. This article analyses how Indonesia's criminal justice system responded to domestic violence during the pandemic. This article used secondary data gathered from various online resources and legal publications. This article demonstrated that during the pandemic, victims of domestic violence in Indonesia were unable to access justice due to two significant barriers. Before filing a formal complaint with the appropriate official, victims would prefer to discuss the matter with their relatives. Furthermore, the victims could not report their cases to the responsible official due to mobility constraints. This case demonstrates that in patriarchal societies, the criminal justice system could not handle domestic violence cases more effectively. As a result, the technical operation of the criminal justice system necessitates the development of a novel method of case filing. This article proposes that the Indonesian criminal justice system establish a complaint system based on social media to provide victims of domestic violence with prompt justice. Furthermore, the legal advocacy role of the community in assisting domestic violence victims is critical.

Typologies of hate-motivated behavior: A latent class analysis

Hate-motivated behavior (HMB) comprises a problem for public health and criminal justice systems. The present study contributes to current science of HMB by examining (1) potential typology replication and extension and (2) demographic and attitudinal correlates of HMB subtypes. The present study was a secondary analysis of an online survey study of discriminatory behavior and well-being. Participants were adults living in the United States ( N = 289). Four HMB subtypes emerged: generalized, unmotivated, reactive, and defensive. The generalized subtype was characterized by elevated levels of prejudices, positive views toward hate groups, and the youngest age. The reactive subtype was differentiated from the defensive subtype by modestly higher HMB, racism, and positive views toward racially motivated hate groups. HMB subtypes were largely consistent with prior literature, and therefore can inform public health and criminal justice system responses to acts ranging from minor discrimination to interpersonal violence. Prevention and practice are discussed.

Child torture victimization: Review of criminal statutes and medico-legal issues

A renowned group of pediatricians and an attorney with expertise in child abuse matters proposed a medical definition of intrafamilial child torture perpetrated by a caretaker in a landmark 2014 publication in the health sciences literature. Representing one of the most widely cited publications on non-politically motivated child torture to date, this medical definition encompassing physical abuse, psychological abuse, deprivation, and neglect characterizing child torture has been broadly recognized and accepted by multidisciplinary professionals across medical, child welfare, and criminal justice sectors. While the medical community's efforts aimed to compel legislative changes, including adoption of explicit torture-specific statutes that would enable criminal justice system responses reflective of abuse severity, subsequent legal analyses have revealed tremendous variability in criminal investigations, prosecution, sentencing, and case outcomes. In this discussion piece, medico-legal issues relevant to intrafamilial child torture case prosecution are reviewed. The impact of the established medical definition on jurisdictional legal approaches and unique case challenges related to longitudinal nature of abuse, frequent psychological injury, and victim-perpetrator dynamics are explored in depth. Utilizing available legal research platforms, investigative information, health sciences literature, and prosecutor self-report, existing child torture statutes and case outcomes were compared with focus on perpetrator, victim, socio-environmental, and community influence on legal outcome. Prosecutorial challenges facing jurisdictions lacking child torture statutes are discussed with emphasis placed on the critical role played by the medical community to support diagnosis of physical and emotional impacts to the child. Finally, the process by which states can establish a jurisdictional torture statute are suggested.

Understanding the Dynamics of Gender-Based Violence in Ivory Park Policing Area, Gauteng Province, South Africa: A Comprehensive Analysis

Gender-based violence (GBV) remains a pressing global concern, particularly pervasive in South Africa, where women and children often fall victim to its devastating impact. This article conducts a qualitative analysis of GBV in the Ivory Park Policing Area, utilizing a non-empirical research design through a systematic review of secondary data. The study identifies critical challenges within the criminal justice system's response to GBV and proposes key preventive measures. Recommendations include the imperative training of law enforcement officials in handling GBV cases, allocating resources to expedite case processing, and fostering stronger collaborations between the South African Police Service and various stakeholders. This research aims to contribute actionable insights for policymakers, law enforcement agencies, and community leaders to effectively combat and prevent GBV in the Ivory Park Policing Area.

Association between property investments and crime on commercial and residential streets: Implications for maximizing public safety benefits

Physical property investments enhance public safety in communities while alleviating the need for criminal justice system responses. Policy makers and local government officials must allocate scare resources for community and economic development activities. Understanding where physical property investments have the greatest crime reducing benefits can inform decision making to maximize economic, safety, and health outcomes. This study uses Spatial Durbin models with street segment and census tract by year fixed effects to examine the impact of physical property investments on changes in property and violent crime over an 11-year period (2008–2018) in six large U.S. cities. The units of analysis are commercial and residential street segments. Street segments are classified into low, medium, and high crime terciles defined by initial crime levels (2008–2010). Difference of coefficients tests identify significant differences in building permit effects across crime terciles. The findings reveal there is a significant negative relationship between physical property investments and changes in property and violent crime on commercial and residential street segments in all cities. Investments have the greatest public safety benefit where initial crime levels are the highest. The decrease in violent crime is larger on commercial street segments, while the decrease in property crime is larger on residential street segments. Targeting the highest crime street segments (i.e., 90th percentile) for property improvements will maximize public safety benefits.

Comparative Analysis on the Improvement of Aggravate Punishment for Recidivism in Malaysia

Recidivism, the fact that individuals re-offend after being convicted of a crime, is a significant challenge faced by criminal justice systems worldwide. The study will begin by reviewing relevant literature and legal frameworks pertaining to recidivism and aggravated punishment in Malaysia. The analysis will delve into the objectives, principles, and legal provisions that guide the application of aggravated punishment for repeat offenders in the Malaysian criminal justice system. Additionally, a comparative perspective will be adopted to examine the experiences and practices of other jurisdictions that have implemented similar punitive measures for recidivism. This comparative analysis delves into the strategies employed by Malaysia for the improvement of aggravated punishment concerning recidivism within its criminal justice system. Malaysia, like many countries, has adopted measures to address but leaves several concerns on this issue. Those concerns include the range of defining recidivism unreasonably and focusing too much on crimes that violate property and the discretion of judges for sentencing them are so huge. The study evaluates Malaysia's approach to aggravated punishment for recidivism by examining the legal framework, and sentencing guidelines, and also focuses on the rights of offenders. Furthermore, it compares Malaysia's practices with those of other nations including both civil law and common law countries to identify best practices and potential areas for enhancement. By employing a comparative research methodology, the study will explore the strengths and weaknesses of the aggravated punishment approach in deterring recidivism, ensuring public safety, and promoting rehabilitation. It will critically evaluate the legal and ethical considerations associated with imposing harsher penalties on repeat offenders, including questions of proportionality, fairness, and human rights implications. Ultimately, the study strives to provide several potential ways to address those concerns for enhancing the Malaysian criminal justice system's response to recidivism, considering the principles of proportionality, and fairness in criminal justice.

Education and social care predictors of offending trajectories: A UK administrative data linkage study

ObjectivesThe age-crime curve indicates that criminal behaviour peaks in adolescence and decreases in adulthood, but longitudinal studies suggest that this curve conceals distinct patterns of (re)-offending or trajectories. Some trajectories (e.g., life course persistent offenders) are reported to have distinct risk factors and more negative outcomes than others (e.g., adolescent limited offenders).
 MethodsThe current study had two main objectives: (1) To use UK administrative crime data to identify trajectories of (re)-offending; and (2) To prospectively identify (re)-offending trajectories using longitudinal administrative education and social care data. This project uses linked UK administrative data containing the anonymised education and social care records for individuals born between September 1985 and August 1999, which have been linked to later official crime records up to the end of 2017. To identify offending trajectories, we used information on offence type, age of first conviction/caution, age of last recorded conviction/caution and offending history at three age points (Juvenile: 10-17 years; Young adult: 18-20 years; Adult: 21-32 years).
 ResultsLatent Class Analyses with and without ‘Gender’ and ‘Ever served a custodial sentence’ as covariates was conducted to identify trajectories of (re)-offending. We are currently developing statistical models to see if we can use prospective longitudinal education and social care factors to discriminate between these trajectories. In my talk, I will share findings on the offending trajectories identified and present some early results on the key education and social care drivers of the offending trajectories.
 ConclusionFindings from this study has the potential to provide deeper insights into how these education and social care factors might affect (re)-offending patterns. This could inform education, social care and criminal justice system responses to offending behaviours which seek to reduce offending and its associated social and economic costs.

Circumstances, policing, and attrition of multiple compared to single perpetrator rape cases within the South African criminal justice system

BackgroundResearch into the circumstances of rape, and criminal justice system responses, is pivotal to informing prevention and improving the likelihood of justice for victims. In this paper, we explore the differences in the circumstances of multiple-perpetrator rapes (MPRs) and single-perpetrator rapes (SPRs), their case management, and attrition, and describe areas for improvemensuplt around rape response within the South African criminal justice system.MethodsThe sample comprised 3952 rape cases reported to the South African Police Services (SAPS) in 2012, selected through a multi-stage random sampling of 172 police stations from a total of 1164 police stations in the nine provinces, followed by the random selection of cases from each station’s case list. Data were abstracted from police dockets, medico-legal examination forms, charge sheets, and trial transcripts. MPRs were defined as cases in which more than one perpetrator had sexual contact with the victim during a single incident, i.e., sexually assaulted or raped. Descriptive statistics and Chi-square tests for associations were used to compare MPRs and SPRs in circumstances of the rape, case management, and attrition.ResultsSeventeen percent of cases were MPRs. MPRs were comparably more violent crimes with a higher frequency of aggressive tactics employed by perpetrators, for example, abductions, firearms use, and threats to kill. Overall, cases were often poorly handled by police, and there were deviations from standard policing and investigation procedures; we found more evidence of this with MPRs compared to SPRs. MPR cases were most likely to have been closed by police due to undetected perpetrators in combination with other victim reasons. The weaker investigations of MPRs were associated with higher attrition rates compared to SPRs, firstly at the police investigation and subsequent stages.ConclusionsThe findings confirm differences in case management, patterns of attrition and trajectories of MPRs compared to SPRs. In an overall context of high rape case attrition and impunity for perpetrators, MPR victims are even less likely to see justice served than SPR victims. There needs to be much more effective supervision of rape case investigations by SAPS, particularly in MPR cases. Continual investigator training strengthened supervision and better resourcing are necessary to improve MPRs detection and convictions in adherence to the Directives for rape policing.

Disrupting Labor Trafficking in the Agricultural Sector: Looking at Opportunities beyond Law Enforcement Interventions

ABSTRACT Law enforcement interventions continue to be the primary mechanism used to identify offenders and illicit businesses involved in human trafficking, yet trafficking continues to be a thriving international operation. We explore alternative mechanisms to disrupt illicit operations and reduce victimization through labor trafficking supply chains using supply chain disruption theory. Using a case study approach to examine one federally prosecuted labor trafficking case in the agricultural sector, we (1) extend criminological concepts of disruption by identifying sources and methods of disruption and (2) inform criminal justice system responses by presenting novel methods of assessing effectiveness of anti-human trafficking policies and programs.

From Responding to Uncertainties and Ambiguities to More Constructive and Inclusive Debates on Commercial Sex and Sex Trafficking

ABSTRACT Commercial sex policies are often at the core of many anti-trafficking efforts, yet rigorous empirical evidence about the effectiveness of these policies in preventing sex trafficking is lacking. In response to ongoing debates about which commercial sex laws and policies would help prevent sex trafficking, we seek to contribute to more nuanced discussions on commercial sex policies in relation to sex trafficking victimizations. The purpose of this essay is to identify the pitfalls in the debate on how to govern commercial sex markets, emphasizing 1) the lack of recognition of the variation in laws and policies on commercial sex; 2) the moral instead of empirical underpinnings of the debate; 3) ambiguous and stigmatizing notions of vulnerability to sex trafficking victimizations; and 4) a continued reliance on a traditional criminal justice system response that may cause harm to victims. We conclude with five premises to promote more nuanced, inclusive, and collaborative debates and governance of commercial sex markets that allow countries and local jurisdictions to move away from response models for which harm-reducing effects are either unknown or refuted.

Sexual Assault and Trauma as Reflected in Amadu Maddy’s “No Past No Present No Future” and Zakes Mda’s “The Madonna of Excelsior”

Violence such as rape has been and continues to be the major problem in Africa. It is because defective family dynamic, sexualized racism, rape myths, patriarchal dominance, low legal system response to victims’ cases etc. often exert ever more significant obstacles in bringing a paradigm shift in people’s understanding towards victim reaction to sexual assault. Thus, it is vital to create a more trauma informed society and legal system in order to reduce the rate of sexual assault and to develop more effective criminal justice system responses to sexual assault cases. To this end, literary texts can play a paramount role since it can be used as a signpost to display victims’ reaction to sexual assault. Therefore, the main objective of this article was to undertake a critical examination of the traumatic impacts of sexual assault reflected in Amadu’s Novel “No Past No Present No Future” and Mda’s novel “The Madonna of Excelsior”, hoping to send signals to researchers to see the immense contribution which literary works can have to bring a paradigm shift in people’s understanding towards the drastic emotional, and psychological damages of rape. A trauma theory dominantly informed by Freud, and Van der Kolk and Greenberg was applied to analyze and discuss the causes of sexual assault and its resultant impact towards the victim characters in the novels under study. The study findings revealed that betrayal and negative heterosexual encounters as the causes of trauma and eventual PTSD in Amadu’s novel: “No Past No Present No Future”. In addition, the study has also found that homosexuality has been presented as the haven for the traumatized character to come at peace with his present condition leaving his traumatic experience behind. On the other hand, sexualized racism, racial injustice, and poverty caused sexual victimization of the major character in the Mda’s novel “The Madonna of Excelsior”. In addition, the study also found that rape exposed the victim character to experience trauma, which was very hard to bear, and its impact cut through the victim character’s life with emotional and psychological scars left behind. Furthermore, the study revealed that the victim character became prone to having flashback to memories which is a strong sign that PTSD develops in the novel “The Madonna of Excelsior”. Based on these findings, using literary texts which specifically focus on the consequences of sexual assault to educate society about victims’ reaction to rape is inexorably advisable and researchers in psychology can hopefully use the implications in this study to explore further the role of literature in reducing violence including rape and creating a health community life.
 
 Received: 8 January 2023 / Accepted: 19 February 2023 / Published: 6 March 2023

From Project Bluestone to Operation Soteria Bluestone: An Academic-Police Collaboration

The UK Home Office commissioned a government review of the criminal justice response to rape and serious sexual offences in March 2019 to explore for adult offences criminal justice outcomes, such as the proportion of cases being charged, prosecuted, and convicted in England and Wales. The report boldly concluded that ‘too many rape victims do not receive the justice they deserve’ (George and Ferguson in: Review into the criminal justice system response to adult rape and serious sexual offences across England and Wales: Research report, HMG, 2021, p 3). Launching Operation Soteria as a response to this review, the UK Home Office pledged to increase the number of rape cases making it to court. This contribution is a policy paper which was developed by capturing reflections from [Professor Betsy Stanko captured by reflections from Sarah Crew, and herself—denoted as S below], Chief Constable, Avon and Somerset Police, National Police Chiefs Council Lead for the policing of Adult Rape and Serious Sexual Offences England and Wales, and [Professor Betsy Stanko captured by reflections from Sarah Crew, and herself—denoted as B below], Strategic Advisor and Academic Lead, Project Bluestone and Operation Soteria Bluestone. They consider how this approach to improving the justice response to rape came about, bringing together academics and police forces across the country.

Education and social care predictors of offending trajectories: A UK administrative data linkage study.

ObjectivesTotal annual costs of crime in England and Wales is estimated at £50bn.The age-crime curve indicates that criminal behavioural peaks in adolescence and decreases in adulthood. Life-course persistent offenders begin to behave antisocially early in childhood and continue this behaviour into adulthood. By contrast, adolescent-limited offenders exhibit most of their antisocial behaviour during adolescence, with a minority continuing to offend into adulthood. However, evidence suggests that this curve conceals distinct developmental trajectories. Prospective cohort study data has highlighted distinct risk factors for these offending trajectories, but this research is limited because of small sample sizes for disadvantaged groups, selection bias and infrequency of data collection.
 ApproachThe current study began in February 2022 and is one of the first to use UK linked national crime and education records. The aim is to: (1) establish the offending trajectories of individuals between the ages of 10 and 32 years following their first recorded conviction or caution using national crime records; and (2) develop prediction models of these offending trajectories using administrative education and social care data.
 ResultsIn my talk, I will share findings on the offending trajectories identified and present some early results on the key education and social care drivers of the offending trajectories.
 ConclusionsFindings from the project have the potential to identify previously unknown, or confirm lesser known, offending trajectories using real world data based on the UK population. It may also lead to the detection of previously unknown risk or protective factors for offending, which has implications for early intervention and could help inform criminal justice system responses to early antisocial behaviour.

Improving Criminal Justice System Responses to Crime Victims with Disabilities in India

In the past three decades, significant progress has been made in advancing victims’ rights, ensuring comprehensive services for crime victims, and restoring victims as active participants in the criminal justice system in India. However, some victims, particularly those with disabilities, often remain marginalised. This paper examines how prejudices, stereotypes, and misconceptions contribute to the lack of participation of people with disabilities in the criminal justice process in India and how they are often compounded by societal assumptions, stereotyping, and misconceptions. It is argued that for too long, the criminal justice system has failed to adequately address the unique circumstances of people with disabilities. Specifically, this paper explores ways to assist crime victims with disabilities in accessing the criminal justice system, exercising their rights as victims of crime (some of which have legal standing, while others do not), and maximizing their participation in the criminal justice process. Finally, it is concluded that there must be a widespread cultural change among the police, the legal profession, the judiciary, the disability sector, and the general public to better assist victims with disabilities in the aftermath of crime.

Suspension of Criminal Proceedings for Perpetrators of Intimate Partner Violence Against Women: Impact on Re-Entries.

Intimate partner violence (IPV) is one of the most prevalent crimes in our society, but the legal mechanisms to oppose it are recent. The Portuguese Provisional Suspension of Criminal Proceedings (PSCP) as a criminal justice system (CJS) response proposes an integrated consensual solution with the involved parties, to reduce offenders’ recidivism. This article analyses the effect of PSCP on re-entries into the CJS. We examined 1,662 IPV police reports, exploring cases that underwent PSCP and re-entries of the same offender in the CJS. Results show that PSCP is applied in 17% of the cases. From all analyzed determinants, with a possible relation to the PSCP implementation, it was found that social violence and the age of both victims and defendants emerge as significantly associated with the request or acceptance of this legal mechanism. No variables tested moderated the relationship between PSCP and re-entry over 96months following the first police report. The article also examined variables that might moderate the decision to request this legal mechanism among victims and defendants.

‘It’s like we’re locked in a box’: Girls’ and mothers’ experiences of the police and legal system following child sexual abuse

AbstractThis article focuses on girls’ and mothers’ experiences of police and criminal justice system responses and the impact of investigation processes following reporting of child sexual abuse. Participants spoke of a lack of timely therapeutic provision and the subsequent role of female caregivers in providing support. Problems with criminal justice processes and the subsequent impact on families’ wider lives were also discussed. Findings suggest that criminal justice processes need to be better attuned to these micro level impacts and should show more sensitivity to the overall experience of children in the aftermath of sexual abuse. Implications for practice are discussed.

The policy lessons learned from the criminal justice system response to COVID‐19

The author confirms that they have no conflict of interest to declare.

Still in the shadows: The unresponsiveness of stalking prosecution rates to increased legislative attention

Stalking is a serious crime involving a course of repeated conduct that frightens, threatens, or harasses the victim. Despite growing scholarly attention, the criminal justice system response to stalking has been understudied. Prior research suggests that stalking, like other interpersonal crimes (i.e., sexual assault, domestic violence) is underreported; however, stalking cases are also inconsistently classified and managed by law enforcement (Brady & Nobles, 2017). This exploratory study used official court data from Houston, Texas to examine trends in stalking cases relative to two major revisions of Texas anti-stalking statutes. Results demonstrate that trends in arrests with intent to prosecute were stable over time and that very few cases of stalking were prosecuted in this jurisdiction during any given year, even as a comparison trend for the broader category of harassment charges showed escalation over time, consistent with population growth and other extra-legal influences. These findings suggest that stalking cases remain rarely prosecuted despite increasing awareness and provisions for enhanced penalties under Texas law. Implications for research and policy are discussed.

Changing the Criminal Justice System Response to Sexual Assault: An Empirical Study of a Participatory Action Research Project.

In jurisdictions throughout the United States, thousands of sexual assault kits (SAKs; also known as a "rape kits") have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying perpetrators, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused. This paper describes a longitudinal action research project conducted in Detroit, Michigan after that city discovered approximately 11,000 untested sexual assault kits in a police department storage facility. We conducted a root cause analysis to examine individual, organizational, community, and societal factors that contributed to the development of the rape kit backlog in Detroit. Based on those findings, we implemented and evaluated structural changes to increase staffing, promote kit testing, and retrain police and prosecutors so that cases could be reopened for investigation and prosecution. As we conducted this work, we also studied how this action research project impacted the Detroit criminal justice system. Participating in this project changed stakeholders' attitudes about the utility of research to address community problems, the usefulness of DNA evidence in sexual assault cases, and the impact of trauma on survivors. The results led to new protocols for SAK testing and police investigations, and new state legislation mandating SAK forensic DNA testing.

Alabama DMH to offer trauma response training

The Alabama Department of Mental Health (ADMH) announced the addition of 19 new Nationally Certified Trauma Trainers in the state of Alabama to offer trauma‐informed response training throughout the state, CBS 42 reported June 3. The certification is provided by the Substance Abuse and Mental Health Service Administration's (SAMHSA's) GAINS Center for Behavioral Health and Justice Transformation. ADMH was one of 10 communities chosen nationally to participate in the trauma‐informed care experience and this training includes seven ADMH staff members. The training, “How Being Trauma‐Informed Improves Criminal Justice System Responses,” helps educate criminal justice professionals about the impact of trauma and how to develop trauma‐informed responses. During the four‐hour highly interactive training, professionals increase their understanding of trauma, create an awareness of the impact of trauma on behavior, and develop trauma‐informed responses. This is tailored to community‐based criminal justice professionals including: behavioral health providers and other human services providers, community correction (probation, parole, and pretrial services officers), court personnel, and police.