Criminal Justice System Research Articles

KEDUDUKAN BANTUAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Every citizen has the same position, before the law without exception which includes the right to be defended (access to legal counsel), treated equality before the law, justice for all (justice for all). In order to seek justice, it is often only able to be accessed by those who have a high level of education and the middle to upper economic status. Recognizing that the inability of human and economic resources makes it impossible to make the process of seeking justice for underprivileged people, the term legal assistance in the Judicial System in Indonesia has emerged. The right to obtain legal assistance is a fundamental or basic right for someone who faces a legal problem, because obtaining legal assistance is one form of access to justice for those who face legal problems. This paper will discuss the state's obligations in providing legal assistance to suspects or defendants in the Criminal Justice System and the position of legal assistance in the Criminal Justice System. The method used in this paper is normative legal research, with secondary data sources consisting of primary, secondary and tertiary legal materials. Then the data is analyzed by qualitative analysis. The obligation of the state to provide legal assistance to citizens who face legal problems, because legal aid is a constitutional right of citizens. Legal assistance in the Criminal Justice System has a very important role in achieving a fair trial process. The Government has issued Law No. 16 of 2011 concerning Legal Aid, so that it can be implemented optimally to fulfill constitutional rights for the poor or needy to achieve a fair trial process.

Derecho Penal Sustantivo y Adjetivo en México: control social para la prevención y represión de conductas delictivas

This study aimed to analyze the persistent human rights violations within the Mexican criminal justice system, despite the reforms implemented. The main objective was to examine the role of formal social control in crime prevention and repression, as well as to evaluate the effectiveness of substantive and procedural criminal law in protecting fundamental rights. To conduct this research, an review of specialized literature and reports from international and national organizations was carried out. The results reveal that, despite normative advances, practices such as torture, arbitrary detention, and inhumane prison conditions persist. These violations are exacerbated by the lack of judicial independence, corruption, and impunity. The analysis of substantive and procedural criminal law showed that, while there are advances in legislation, problems such as the imprecision of some criminal offenses, the workload of system operators, and the lack of resources persist. In conclusion, the Mexican criminal justice system faces significant challenges in protecting human rights. A comprehensive reform is required that addresses the structural causes of violations, strengthens judicial independence, professionalizes police forces, and guarantees access to justice. Furthermore, it is essential to promote a culture of legality and respect for human rights.

‘It’s a set up’: examining the relationship between bail conditions and the revolving door of justice

ABSTRACT Research has consistently drawn attention to how pre-trial release with bail conditions has the unintended consequence of setting accused up to accumulate further criminal charges. In response, legislative reforms to increase the courts’ knowledge of the barriers accused face in complying with bail conditions have ensued. In light of these reforms, we assess whether and how bail conditions are still setting accused up to fail, using data from in-depth interviews with bail supervisors in Ontario, Canada. Given their involvement with the courts, accused, police and social service agencies, this sample provides a unique lens to observe how pre-trial conditions contribute to the revolving door of the criminal justice system. Our findings reveal evidence of a continuing trend whereby courts assign conditions with which accused have little realistic chance of complying; both systemic barriers and more mundane errors continue to undermine accused chances of adhering to conditions of bail. Nevertheless, some shifts in the types of conditions assigned are evident, notably regarding more tailored abstinence and treatment conditions. Importantly, however, bail supervisors caution that releasing accused with fewer conditions alone is insufficient to set accused up for success.

Inequality threat increases laypeople's, but not judges', acceptance of algorithmic decision making in court.

Algorithmic decision making (ADM) takes on increasingly complex tasks in the criminal justice system. Whereas new developments in machine learning could help to improve the quality of judicial decisions, there are legal and ethical concerns that thwart the widespread use of algorithms. Against the backdrop of current efforts to promote the digitization of the German judicial system, this research investigates motivational factors (pragmatic motives, fairness concerns, and self-image-related considerations) that drive or impede the acceptance of ADM in court. We tested two hypotheses: (1) Perceived threat of inequality in legal judgments increases ADM acceptance, and (2) experts (judges) are more skeptical toward technological innovation than novices (general population). We conducted a preregistered experiment with 298 participants from the German general population and 267 judges at regional courts in Bavaria to study how inequality threat (vs. control) relates to ADM acceptance in court, usage intentions, and attitudes. In partial support of the first prediction, inequality threat increased ADM acceptance, effect size d = 0.24, 95% confidence interval (CI) [0.01, 0.47], and usage intentions (d = 0.23, 95% CI [0.00, 0.46]) of laypeople. Unexpectedly, however, this was not the case for experts. Moreover, ADM attitudes remained unaffected by the experimental manipulation in both groups. As predicted, judges held more negative attitudes toward ADM than the general population (d = -0.71, 95% CI [-0.88, -0.54]). Exploratory analysis suggested that generalized attitudes emerged as the strongest predictor of judges' intentions to use ADM in their own court proceedings. These findings elucidate the motivational forces that drive algorithm aversion and acceptance in a criminal justice context and inform the ongoing debate about perceptions of fairness in human-computer interaction. Implications for judicial praxis and the regulation of ADM in the German legal framework are discussed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Police’s attribution of racial inequality in the criminal justice system: a case of non-binary color-blindness

ABSTRACT This study critically examines how police officers attribute racial disparities within the US criminal justice system. For this inquiry, the study used in-depth interviews with 65 police officers from 4 police departments in a midwestern county. The findings revealed that 17 of these police officers invoked structural explanations to account for racial disparities prevalent in the US. However, this apparent racial awareness prompted them to underscore the pervasiveness of racism beyond the realms of criminal justice. Consequently, they attributed racial inequities within the criminal justice system to structural racism entrenched in non-criminal justice institutions, thereby rationalizing the current policing institution. This finding highlights the efficacy of a non-binary notion of color-blind ideology to elucidate the flexible and adaptable cultural frameworks that sustain racial hierarchies. Moreover, it enriches the scholarship on racialized organizations, occupations, and work by discussing the ideological limits of change in fostering racial equity within an occupation.

An initial validation of a new measure of client change in a correctional sample

ABSTRACT Ideally, when an individual enters the Criminal Justice System there is the goal and expectation that they will, over time and through intervention, change from the individual who perpetrated the crime(s) toward adopting a non-criminal identity. However, there are currently few measures of change with established validity for predicting post-program or post-release outcomes with correctional samples. The Client Change Scale [CCS; Serin & Lloyd, 2018] was developed to address this gap to provide an empirically grounded systematic measure of factors relevant for change. This study was the first to assess the psychometric properties of the CCS with post-release outcomes and to predict recidivism outcomes with a Canadian release cohort using archival data. The sample included 390 adult males under community supervision by the Correctional Service of Canada (CSC) between 2015 and 2017. Overall, the CCS reflected acceptable psychometric properties. Additionally, an exploratory factor analysis revealed that all 16 items of the CCS should be retained and provided evidence for separate but correlated consideration of internal and external change factors. These initial findings suggest the CCS has the potential to improve decision-making throughout an individual’s time in the criminal justice system by utilizing a person-centered approach in support of improving client success and subsequent public safety.

Using administrative early-years education data to identify children at risk of persistent absenteeism

In a post-pandemic world, school absence is an ever-increasing concern for governments, school leaders, and local authorities worldwide. School absence is associated with poor academic outcomes and long-term illness (physical and mental). Absenteeism increases the risk of financial difficulties in adulthood and involvement in the criminal justice system. As a result, the upstream costs to already overstretched public services are crippling. In England, all children are judged by teachers on their “school readiness” over their first year of formal education. We hypothesised that early childhood problems (i.e., not school ready) might be an antecedent of absenteeism. We tested this by investigating the pre-pandemic association between school readiness and persistent absenteeism using a population-linked dataset. Analyses included 62,598 children aged 5-13 years from the Connected Bradford database (spanning academic years 2012/13-2019/20). Special educational needs (SEN) status, English as an Additional Language status, socioeconomic status, sex, and ethnicity were covariates significantly associated with persistent absenteeism. Children who were not “school ready” had increased odds of being persistently absent later in their education journey after controlling for these covariates. School readiness was associated with even greater odds of being persistently absent over two or more years. These findings show: (i) the potential of using existing administrative data to identify children at risk of disengagement from the education system; (ii) absenteeism reflects stark structural inequities. As the rates of absence is still rising, schools can use these data to flag the children who may benefit from early intervention to keep them engaged in school.

Predictors of high hospital admission and criminal reoffending in adults experiencing homelessness: a retrospective cohort study

ObjectivesTo examine the costs and predictors of high hospital use and criminal reoffending in adults experiencing homelessness. ApproachRetrospective cohort study of 2,140 adults who attended homeless hostel clinics in New South Wales, Australia using linked clinic, health, criminal offence, and mortality data from 1 July 2008 to 30 June 2021. Multivariable logistic regression examined predictors of high all-cause hospital use (≥4 emergency department presentations in 12 months) and predictors of recidivism. ResultsThere were 27,466 hospitalisations at a total cost of AUD$548.2 million. Twenty-seven percent of the cohort had high hospital use. Factors associated with high use were age ≥45 years, female (AOR: 1.52; 95%CI 1.05-2.22), presence of a mental disorder, substance use disorder (AOR: 1.36; 95%CI: 1.03-1.82), or being homeless for >1 year (AOR: 1.31; 95%CI: 1.06-1.62). There were 1,646 (76.9%) adults who had contact with the criminal justice system. Most (75.3%) reoffended within 24 months after index offence, and reoffenders were more likely to be younger, have a personality disorder (AOR: 1.31; 95% CI: 1.04-1.67), substance use disorder (AOR: 1.60; 95%CI 1.14-2.23), and had a previous charge dismissed on mental health grounds (AOR: 1.79; 95% CI: 1.31-2.46). Reoffenders more likely to have a principal theft-related offence (AOR: 1.85; 95%CI: 1.29-2.66). Total court finalisation costs were AUD$11.3 million. ConclusionsThe high use of hospital and criminal justice services lends support to strategies to develop models of supported housing with a focus on integrated care, mental health support, improved referral pathways, and better coordination with community-based support agencies.

Stimulant treatment for attention-deficit/hyperactivity disorder and risk of first and repeat criminal offending: a population data linkage cohort study

ObjectiveTo examine the effect of stimulant treatment on first and repeat criminal offending among children and young adults with attention deficit-hyperactivity disorder (ADHD). ApproachA population data linkage cohort study of individuals born in New South Wales (NSW), Australia in 1990-2005 and followed until May 2016. Individuals linked to stimulant treatment authorizations for ADHD in the NSW Ministry of Health controlled substance database were frequency matched (1:10) to controls without ADHD. Proven criminal offenses were linked from statewide court records. First and repeat offenses were examined separately using modified cox regression and Prentice, Williams, Peterson (PWP) models, respectively. ResultsThe cohort included 75,650 individuals with ADHD and 745,634 controls. A total of 59,658 individuals (7.3%) committed an offense and individuals with ADHD committed 3 times as many offenses. For all age and sex groups, the risk of a first offense was increased among individuals with ADHD but reduced by treatment (Males 10-17 years, untreated Hazard Ratio (HR) 2.02 95% confidence interval (CI) 1.95, 2.10, treated HR 1.52 95% CI 1.41, 1.62). The effect estimates were reduced for repeat offenses (Males 10-17 years, untreated HR 1.09 95% CI 1.05, 1.13, treated HR 0.97 95% CI 0.90, 1.04) with mixed results for the effect of treatment. ConclusionsIndividuals with ADHD had increased risk of offending, but stimulant treatment reduced the risk of first offenses. This association and benefit of treatment were reduced among prior offenders. ImplicationsAdequate treatment may help keep young people with ADHD out of the criminal justice system.

HỌC THUYẾT VI PHẠM VÔ HẠI TRONG TƯ PHÁP HÌNH SỰ HOA KỲ VÀ VI PHẠM TỐ TỤNG KHÔNG LÀM THAY ĐỔI BẢN CHẤT VỤ ÁN TẠI VIỆT NAM

During the investigation, prosecution, and adjudication of criminal cases, there is carry the risk of procedural violations and errors. When conducting appellate or cassation trials, it is crucial to determine the seriousness or harmlessness of any procedural offences to decide whether to cancel the judgment for re-investigation or re-trial. The authors introduce the doctrine of “harmless error” in the United States criminal justice system and analyzes the “procedural violations that do not change the nature of the case” in Vietnam. Finally, the authors recommend developing regulations on this type of violation in Vietnam’s criminal procedure lane.

Navigating the Criminal Justice System: A Systematic Review of Qualitative Evidence on the Experiences of Homicide Co-victims

Homicide is considered a crime against the state rather than the covictims, which impacts on criminal justice system (CJS) processes and can lead to secondary victimization. This review explores the experience of co-victims (i.e., family members) engaging with the CJS. Thirty studies met the inclusion criteria and were identified through searching six bibliographic databases (MEDLINE, HMIC, CINAHL, ASSIA, IBSS, and SSCI) and supplementary searches. Two reviewers conducted screening, data extraction, and quality appraisal. Thematic synthesis resulted in three themes: (a) information and meaningful inclusion, (b) who is the justice system for?, and (c) relating to victims as people. These themes highlight concerns regarding the marginalization of co-victims within the CJS and suggest ways to enhance processes to avoid further marginalizing and traumatizing co-victims.

The Effectiveness of Intimate Partner Violence Interventions by the Police, Prosecutors, and Courts

The criminal justice system (CJS), comprising police, prosecutors, and courts, is pivotal in preventing intimate partner violence (IPV). However, challenges persist in effectively protecting victims, with high post-reporting recidivism rates. This systematic review aims to identify CJS interventions targeting IPV recurrence and to assess their effectiveness. Eleven articles meeting inclusion criteria were categorized into three themes: police (five articles), prosecutor (zero articles), and court (six articles). While overall findings lack conclusive evidence on intervention effectiveness, they suggest potential in reducing IPV recidivism among specific perpetrator sub-groups. The review underscores the need to consider contextual factors when evaluating interventions like arrest for IPV prevention. Challenges in identifying evidence-based practices within the CJS persist, necessitating ongoing evaluation research and investment in evidence-based strategies to inform policy and practice effectively.

The Governance of Cybercrime: An Ecological Approach

Cybercrime is now the most common form of crime in Canada and causes significant financial and psychological harm. The criminal justice system struggles to address cybercrime due to its complexity, scale, and global nature. Criminologists are also challenged to think about cybercrime beyond established theoretical frameworks. An interdisciplinary approach is required to understand this phenomenon and enable us to craft effective policies. The discipline of ecology can provide valuable insights and a practical integrative framework through the concepts of community, interaction, and emergent effects. First, a high-level outline is provided of how the cybercrime ecosystem can be analyzed using basic ecological concepts and principles. This framework is then applied to the security community, showing how it is populated with a diversity of organizational and institutional entities that can be enabled or compelled to act in ways that enhance online security through a broad set of regulatory strategies. Finally, three innovative configurations that take advantage of this regulatory pluralism and novel forms of collaboration are described to illustrate how alternatives can be implemented to mitigate the negative impacts of cybercrime with promising outcomes.

Reevaluating Joint Criminal Enterprise: Legitimacy and Reform in the Wake of R v Jogee

This article examines the legitimacy and rationale of the Joint Criminal Enterprise (JCE) principle in international criminal law, focusing on the implications of the UK Supreme Court's decision in R v Jogee, which fundamentally abolished JCE as a legal principle. JCE, characterized by its complexity and contentious nature, has been criticized for being driven more by policy considerations than legal precedents. The article first explicates the concept and evolution of JCE, including common purpose liability and parasitic accessorial liability, and highlights the irrationalities within these principles. Through an in-depth analysis of the R v Jogee decision, the author argues that the ruling successfully rectified residual errors in criminal law, deeming the abolition of JCE consistent with legal logic and tradition. The article concludes with recommendations for enhancing transparency and clarity in prosecution and sentencing processes to restore public confidence in the criminal justice system. It also underscores the disproportionate negative impact of JCE on minority groups and young offenders, advocating for reforms to mitigate these effects.

Sentencing and placement of offenders with dementia: a significant contemporary challenge for the criminal justice system

Dementia in its various forms causes progressive cognitive decline and associated behavioural changes. If a person with dementia commits a criminal offence, complex challenges can occur at all stages of the criminal justice process, including assessment of fitness to stand trial, determination of criminal responsibility if found to be fit and appropriate sentencing and placement if convicted. The timing and accuracy of a dementia diagnosis can impact legal outcomes and potentially lead to miscarriages of justice. This article analyses the intersection between dementia and criminal law, with a focus on sentencing. It is well established that an offender’s mental impairment or ill health may mitigate any sentence imposed, but dementia poses a significant dilemma for courts in determining moral culpability and appropriate sentencing options, particularly for serious crimes. The unique neurodegenerative nature of dementia makes it difficult to apply the traditional purposes of sentencing and raises the need for alternative solutions.

Exploring individual-level predictors of punitive attitudes in Australia

ABSTRACT Western countries tend to display preferences for the harsh punishment of people with criminal justice involvement. Drawing on a representative survey of the Australian population, the present study explores punitive attitudes and what factors shape the development of these attitudes at an individual level. More specifically, the study considers the role of age, sex, level of education, geographic location, perceptions of crime, fear of crime, confidence in the criminal justice system, media consumption, crime causation, beliefs in redeemability, interpersonal trust, political ideology, racial essentialism, and minority threat in predicting the punitive attitudes of Australians. The results indicate that generally Australians are somewhat punitive and that the strongest predictors of these attitudes are: internal attribution of crime, perceptions of rising crime rates, a lack of belief in redeemability, geographic location (specifically rural areas), a lack of interpersonal trust and a lack of support for multicultural principles together, creating a more robust understanding of punitive attitudes in Australia, which is currently lacking.

Factors Associated With Legal Decisions of Nonfatal Strangulation Cases With Forensic Evidence

This study examines the influence of offender, victim, and case characteristics along with available forensic evidence on legal outcomes of nonfatal strangulation (NFS) cases. Research points to the importance of NFS forensic evidence collection to corroborate the attack during legal proceedings. However, little is known regarding the factors associated with legal decisions for NFS cases with forensic evidence. Law enforcement reports, forensic medical examinations, and legal outcomes for 63 NFS cases in Florida were analyzed. Findings have implications for the criminal justice system, as forensic medical exams can be used to collect valuable evidence to support prosecution outcomes.

Legitimation work in privatized criminal justice: Softening, shrinking, and signaling

How do private companies justify taking on criminal justice functions? Building on writing on legitimacy and privatization, this article describes three rhetorical practices intended to increase the legitimacy of private companies carrying out criminal justice functions: softening (obscuring the use of force); shrinking (demonstrating deference to the state); and signaling (proclaiming alignment with pro-social values). The article demonstrates the analytic utility of these categories by considering public-facing Environmental, Social, and Governance (ESG) reports produced by one prominent company in the private corrections industry (CoreCivic). The conceptual typology of legitimation work brings together several dynamics that are common in privatized criminal justice and provides an analytic toolkit for future study. A discussion considers how researchers can use this typology to examine legitimation work by other private firms and industries that engage the criminal justice system.

Evaluation of the Implementation of Diversion and Restorative Justice in the Child Criminal Justice System in Jayapura City

This research aims to analyze the implementation of diversion and restorative justice in the Juvenile Criminal Justice System (SPPA) in Jayapura City. This research uses a sociological juridical approach with qualitative research methods. Data was collected through literature study and field research, including interviews with law enforcement officials and the community. The research results show that the public's understanding of diversion and restorative justice still needs to improve, while law enforcement officials' understanding is quite good. However, community satisfaction with implementing diversion and restorative justice is still low due to several factors, such as a lack of attention to victims, judge decisions that are considered unfair, and criminal sanctions that are considered too light. Apart from that, there are several obstacles in implementing diversion and restorative justice, such as difficulty presenting child witnesses, complicated statements from perpetrators, and limited space for child detention. This research concludes that implementing diversion and restorative justice in Jayapura City is yet to be optimal and needs to be improved through more intensive outreach, increasing the capacity of law enforcement officers, and improving supporting facilities.

Restorative justice: Adopting a whole system approach to address cultural barriers in criminal justice

It is now 25 years since restorative justice was first introduced into criminal justice policy in England and Wales. It was hailed as a justice mechanism that could address the needs of both victims and offenders, reduce re-offending and decrease public expenditure. But despite (inter)national instruments mandating government and criminal justice agencies to provide restorative justice services, significant implementation and delivery gaps remain and victim participation continues to be low. Adopting a ‘whole system approach’ framework, this article analyses and syntheses extant scholarly literature which has examined the implementation and delivery challenges restorative justice faces in becoming embedded as a key criminal justice mechanism. The article argues that a ‘whole system’ approach, which involves systemic change and a fundamental cultural shift across the entire criminal justice system, is necessary to fully embed restorative justice within the criminal justice system. Until such an approach is implemented, victims will continue to be denied the opportunity to participate in restorative justice and it will remain an optional extra justice mechanism.