Field Of Criminal Justice Research Articles

Legal Regulation of Defence Lawyer’s Involvement in Criminal Proceedings Against Minors: Genesis of the Issue, Stages of Development

The relevance of the study is conditioned by the need to establish the genesis of legal regulation of the defence lawyer’s involvement in criminal proceedings against minors, to identify correlations of this process with the regulation of legal activity in Ukraine. The purpose of the study is to investigate the history of legal regulation of the involvement of a defence lawyer in criminal proceedings against minors. The study used a set of scientific methods: historical, historiographic, terminological, system-structural, formal-logical, and comparative-legal. It was established that the origin of the institute of protection of the parties in legal proceedings begins in the times of Kyivan Rus with the established practice of speeches in court by “good people” who represented the plaintiff and the defendant. It was proved that the development of the institute of protection of minors in court took place in parallel and in close connection with the development of judicial representation and sureties. Based on the analysis of international acts in the field of criminal justice against children ratified by Ukraine, the need to introduce juvenile specialisation of defenders was indicated. Stages of development of legal regulation of the defender’s involvement in criminal proceedings against minors: stage 1 – 1016-1529; stage 2 – 1529-1864; stage 3 – 1864-1917; stage 4 – 1917-1991; stage 5 – from 1991 to the present. The emergence of protection of the rights of minors in court was accompanied by the establishment of a regulatory condition for the involvement of a defender in the process on a gratuitous basis for certain categories of children. At the present stage, the law enforcement process embodies the principles and guarantees of involvement of a defender in criminal proceedings against minors, which are provided for by international treaties in the field of protection of children’s rights ratified by Ukraine. The proposed predictive trends in the development of legal regulation of the involvement of a defender in criminal proceedings allow law enforcement agencies to plan their practical activities in the interaction with human rights organisations, take coordination measures between juvenile prevention bodies of the national police, investigators and prosecutors specialising in the investigation of juvenile delinquency, juvenile judges and lawyers for effective compliance with international standards for the protection of the rights of children in conflict with the law.

Compassion Fatigue among Criminology & Criminal Justice Interns

Much research has been conducted on compassion fatigue among criminal justice system professionals, particularly those working with victims of crime. These professionals often receive training on how to deal with the day-to-day stressors of their jobs and how to engage in self-care to avoid compassion fatigue. However, when it comes to interns in the criminal justice field, little attention has been paid to how these students handle the stress of working with crime victims. The current research attempts to explore how student interns working with adult and juvenile victims experience stress in their internship roles and how they deal with that stress.

Book Review: Daniel P. Mears, Out-of-Control Criminal Justice: The Systems Improvement Solution for More Safety, Justice, Accountability, and Efficiency. Cambridge University Press. 2017

In his book, Out-of-Control Criminal Justice, Daniel Mears writes about what he calls the Systems Improvement Solution, also called the Systems Solution. The Systems Solution is his solution for the way criminal justice policy is currently handled. Mears is an influential criminologist who is also the Mark C. Stafford Professor of Criminology at the Florida State University College of Criminology and Criminal Justice (Mears, n.d.). Along with Out-of-Control Criminal Justice, he is the author of Fundamentals of Criminological and Criminal Justice Inquiry, Prisoner Reentry in the Era of Mass Incarceration, and American Criminal Justice Policy (Mears, n.d.). He is well-versed in his field of criminal justice, research, and policy; his research has also been featured in multiple journals and media outlets (Mears, n.d.). In Out-of-Control Criminal Justice, Mears discusses every aspect concerning his Systems Solution- what a system is as a whole, the innerworkings of a system, how the Systems Solution can be used in other fields besides criminal justice, the emphasis on research, the multi-stakeholder policy process, the benefits of a Systems Solution, and many other pieces needed for a Systems Improvement Solution.

An exploratory study of deferred prosecution agreements and the adjudication of corporate crime

An exploratory study of deferred prosecution agreements and the adjudication of corporate crime

Advantages and Challenges of Queer Scholars Doing Qualitative Queer Criminology and Criminal Justice Research

Qualitative researchers encounter obstacles related to publishing, acceptability, research self-disclosure, rapport development, feelings of guilt or vulnerability, and opportunity that quantitative scholars often do not. Here we discuss our experiences with these obstacles related to one queer qualitative study in hopes that it will provide knowledge to the next generation of queer qualitative scholars. We begin by discussing the state of the field in terms of qualitative scholarship and queer criminology, then we discuss our own experiences doing qualitative queer criminology. Our goal is to show why qualitative queer criminology matters, that it can be done despite its challenges, and to encourage the field of criminology and criminal justice to become more inclusive of qualitative methodologies.

Experts’ views on improving the quality of non-stranger rape complainants’ accounts

Recent research consistently indicates that poor justice outcomes for non-stranger rape cases are caused in large part by limitations in the evidential relevance and judicial usefulness of accounts provided by complainants. As direct and other objective corroborating evidence is usually absent, the success of most police investigations and prosecutions of non-stranger rape relies heavily on complainants’ accounts. However, no study to date seems to have directly examined how the evidential relevance and judicial usefulness of such accounts can be improved. The present study explored the views of 16 American, Australian and British experts who work in the fields of sexual violence, investigative interviewing and criminal justice, on (a) information that needs to be elicited by police interviewers in order to obtain an evidentially relevant account from non-stranger rape complainants during their investigative interview; (b) requirements regarding a judicially useful account provided by non-stranger rape complainants and how these can be achieved; and (c) whether the current level of police interviewers’ knowledge of evidentially relevant and judicially useful accounts employed by them during investigative interviews with non-stranger rape complainants can be improved. And if so, how? Thematic analysis revealed three broad areas for improvements: (i) focus police interviewers’ questioning specifically on the legal elements and context of non-stranger rape; (ii) elicit clear, chronological and concise accounts; and (iii) provide evidence-based training and interview guidance. These areas, along with participants’ recommendations, are outlined. The implications of the present study and suggestions for future research are discussed.

Contributors

Previous article FreeContributorsPDFPDF PLUSFull Text Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinked InRedditEmailQR Code SectionsMoreJingyang Huang (黄靖洋) is a PhD candidate in the Division of Social Science at Hong Kong University of Science and Technology. His research interests include comparative political economy, Chinese politics, especially local development and government-business relations in China. His dissertation is about China’s security-industrial complex.Enshen Li (李恩深) is senior lecturer at the School of Law, The University of Queensland. His research interests lie primarily in the fields of criminal justice, criminology and sociolegal studies, with a special focus on criminal law and punishment in China. He is the author of Punishment in Contemporary China: Its Evolution, Development and Change (2018) and has published in British Journal of Criminology, Law & Social Inquiry, Social & Legal Studies, Terrorism and Political Violence, and Columbia Journal of Asian Law, among others.Susan McCarthy is professor of political science and program director of Asian & Asian American studies at Providence College in Rhode Island. Her research focuses on the politics of religion and ethnicity in contemporary China.Yuan Teng (滕媛) is assistant professor in the Faculty of Education, Central China Normal University. Her research focuses on sociology of education, rural education, and rural community development in China.Kellee S. Tsai (蔡欣怡) is dean of humanities and social science and chair professor of social science at Hong Kong University of Science and Technology. Her research interests include the political economy of contemporary China, subnational development, informal institutions, and reverse migration in China and India. Recent publications include a coedited volume, Evolutionary Governance in China: State-Society Relations under Authoritarianism (2021), and articles in China Quarterly, Journal of Contemporary China, Politics & Society, Studies in Comparative and International Development, and World Development.Dan Wang (王丹) is associate professor in the Faculty of Education at the University of Hong Kong. She has expertise in the sociology of education. Her current research focuses on issues of education and community development in rural China.Yinxian Zhang (张尹霰) is assistant professor of sociology at Queens College in the City University of New York (CUNY). Her research focuses on political opinion, ideology, and the online public sphere in both authoritarian and non-authoritarian settings. Previous article DetailsFiguresReferencesCited by The China Journal Volume 88July 2022 Published on behalf of the Australian Centre on China in the World at the Australian National University Article DOIhttps://doi.org/10.1086/721029 Views: 243Total views on this site © 2022 The Australian National University. All rights reserved.PDF download Crossref reports no articles citing this article.

Looking Back, Looking Forward: A Personal Reflection

This article contains a personal reflection of experiences in terrorism research over the past few decades. It begins by discussing early academic struggles to recognize the legitimacy of terrorism research, especially in the field of criminal justice. This is followed by a selective description of events where the author correctly predicted events as well as those where he was blindsided by surprises. It closes with an appeal to both the academy and the American public to move beyond ideology and populist understandings of terrorism to grapple with the multiple forms and complexities of terrorist violence.

Application and Innovation of Electronic Monitoring in Chinese Criminal Justice

In the field of criminal justice, electronic monitoring technology has experienced the development of four generations of technology: fixed telephone, radio frequency tag, Global Positioning System, and biometrics. Today, Chinese criminal justice practice adopts a monitoring method based on cell phone positioning, supplemented by electronic anklets. The "Non-custodial Code monitoring system " is an innovative achievement of Hangzhou, China's judicial personnel on electronic monitoring, which has achieved good practical results and will be promoted nationwide. As an effective criminal measure, electronic monitoring reduces the number of detainees in prison, eases the supervision pressure on judicial personnel, reduces financial expenditures, and helps criminals rejoin society. Due to the lack of detailed legal provisions, the application of electronic monitoring in practice lacks specificity, and there is the possibility of violating the privacy of citizens. So electronic monitoring in China's criminal justice presents such a situation. On the one hand, the law clearly states that electronic monitoring can be applied only during the community correctional stage and the period of residential confinement. On the other hand, judicial officers actively try to apply electronic monitoring to the bail process. It is foreseeable that electronic monitoring will be widely promoted in the process of China's criminal justice reform. This process should adhere to the principles of legality, necessity, and judicial review.

Barriers to Help-Seeking for Domestic Violence in Kyrgyzstan: Perspectives of Criminal Justice, Social, Health, and Educational Professionals.

Research with survivors of domestic violence (DV) suggests that most do not seek supportive services from formal organizations. The purpose of this study is to understand the structural and legal barriers that prevent survivors of DV from seeking help in Kyrgyzstan from the perspectives of professionals within the areas of law enforcement, judicial system, social, health, and educational sectors working directly with survivors. We conducted 20 semi-structured interviews and 8 focus groups with 83 professionals who are employed as domestic violence or legal advocates, psychologists, healthcare providers, educators, and law enforcement officials who had worked with the survivors of DV in their current positions. We analyzed the data using a multistep strategy derived from grounded theory methods. The findings of the study highlighted six structural barriers: (1) financial dependence on the abuser, (2) stigma and shame of seeking help, (3) few crisis centers and rigid acceptance criteria for temporary protection, (4) the normalization and societal acceptance of abuse, (5) a lack of property rights for women, and (6) distrust of formal services. The participants indicated five legal barriers, including the following: (1) insufficient sanctions for abusers, (2) unclear provisions and inadequate enforcement of law, (3) a low likelihood of prosecution, (4) poor procedures, stereotypes of survivors, and revictimization during investigations, and (5) protection for abusers who work in positions of power. The structural and legal barriers that survivors face when seeking help are formidable challenges that will require extensive support from professionals working in the fields of criminal justice, social work, and public health. Findings suggest that both short-term and longer-term interventions that require sustainability of prevention efforts are necessary to address barriers to help-seeking identified in the study.

Issues of international cooperation in criminal proceedings: Some problems of reform

It is studied reforming’s problems of the teamwork between countries in the field of criminal justice. The fundamental principles on which the teamwork of countries in the struggle with transnational crime is built, both generally accepted and enshrined in the lawmaking of the Republic of Azerbaijan, as well as the principles that were studied in the works of foreign scientists, were analyzed. After analyzing these principles, the authors identified problematic aspects of the existing teamwork between the efforts of countries in the area of resisting transnational crime, suggested possible ways to solve them. Separately, the authors of the article studied and analyzed the problem of reforming legislation in the sphere of the teamwork of countries in the area of resisting transnational crime at different levels, taking into account the latest global trends in the area of resisting transnational crime. It is defined that the Republic of Azerbaijan is a democratic state in the sphere of the teamwork of countries in the area of resisting multinational crime. An analysis was made of the cause-and-effect relationships between globalization and digitalization of the world community, and crime without borders, their impact in the aggregate on the international teamwork of countries in this area.

The Impact of Gender on Social Support for Criminal Justice Careers

This qualitative study investigates how social support impacts students’ decisions about majoring in criminal justice and/or pursuing careers in the field. Thirty students were interviewed regarding their perspectives and sources of social support. Six primary themes emerged from interviews: support for higher education, hesitant support for criminal justice, parental support, support from friends/associates, perceptions of public support, and gender and social support. While students who pursue criminal justice careers do not perceive full support for their aspirations, support can vary by gender, with women encountering additional barriers to support. Still, students are undeterred from the field of criminal justice and remain hopeful about their professional futures. Criminal justice programs can use these findings to identify opportunities to better advise women in their programs. The findings are also useful for potential employers in the criminal justice system to recognize how to effectively recruit more women into positions dominated by men.

Are We a Bigger Problem Than We Realize?

Abstract The impact of social media — in particular Twitter — on the field of international criminal justice cannot be overstated. Thanks to an active community of online commentators made up primarily of academics, researchers, staff of non-governmental organizations and journalists, Twitter is a vibrant place to monitor the pulse of international criminal law generally and the International Criminal Court specifically. Twitter, thus, uniquely elevates a comparatively small commentator class and amplifies their narratives about the field of international criminal justice. Yet with an apparent lack of voices from across the diverse community of practitioners, or the input of diplomats and technocrats who make the field possible, commentators may exert a disproportionate influence over public perceptions of international criminal justice. Cognisant of the stark interplay between politics and law in international criminal justice — often including powerful forces with nefarious agendas — and an abundance of individuals motivated by a desire to be seen and heard, this community may at times exhibit problematic behaviours (unwittingly or otherwise). This article dissects these issues of online communication, and argues that greater care with commentary may be the best salve to these cultural flaws in the formation of public perception.

경찰공무원의 팀워크 역량의 영향요인 연구

There is an urgent need to improve teamwork competency that can help police officials respond effectively and quickly to maintain public well-being and order, such as criminal issues, at public safety. However, although teamwork is a very important factor that helps organizational development and effective operation, it is difficult to find such specific studies in the field of criminal justice. This study aims to examines the factors effect the teamwork competency of police officials in a situation where the role of the police in a rapidly changing social environment is expanded and important, and gives policy proposals to improve teamwork through this. Specifically, the purpose of this study is to empirically analyze how much the individual's working environment and degree of communication affect the organization's teamwork competency for police officials. Data were collected, and conducted frequency analysis, correlation analysis, and regression analysis. As a result, it was found that the older the age, the more positive effect was on communication. Also, the better the working environment, and the smoother the communication effect positively on the teamwork of police officials. This study verified that there is a difference in the teamwork of police officials according to the difference in organizational working environment and communication by using empirical research methods. It is expected to revitalize related follow-up studies such as working environment, communication, and teamwork.

The International Criminal Justice Marketplace of Ideas

Abstract The field of international criminal justice is supported and legitimized by a distinct marketplace of norms and ideas. Within this marketplace, stakeholders compete to define dominant norms, conceptual frames and the practical direction of international criminal justice. Building on the relational sociology of Bourdieu, this article examines how this competition plays out by studying the relational agenda-setting practices of central stakeholders. To this end, the analysis draws on an original dataset of annual reports produced by international criminal tribunals, academic articles and non-governmental organization reports published between 1994 and 2018. Employing Structural Topic Modelling, the article contributes a data-driven and empirically informed analysis of core developments and agenda-setting in the marketplace of ideas in international criminal justice. Zooming in on the topic of sexual violence which was placed on the agenda by NGOs in the early 2000s before becoming prevalent in the outputs of academics and international criminal tribunals, the article illustrates how normative agendas spearheaded by specific stakeholders can have broader effects in the field.

Exploring perceptions of community members on effects of rape in the selected areas of Mankweng, South Africa

Rape seems to be a traumatic event, with multiple effects on potential victims’ psychological, social, as well as physical levels, which can occur simultaneously at times. The noted effects of rape incidences may differ from one victim to the other. The qualitative research approach was deployed in this study to clearly understand human behavior from an insider’s point of view. This was aided by the Q-methodology research design to explore perspectives of the selected participants who represent different stances on this subject. This also allowed explorations of community members’ perceptions on the effects of rape in selected Mankweng areas, as an objective guiding this study. The data was collected in Mankweng through the applications of Focus Group Discussions (FGDs). About Thirty (30) participants were purposively sampled. The inductive Thematic Content Analysis (TCA) was used for analysis. This study presented that some victims of rape do experience symptoms such as; feelings of worthlessness, social isolation, resorting to substance abuse and persistent sadness and crying. To serve as an intervention to victims. For recommendations, training and refresher courses should be provided in the field of Criminology and Criminal Justice and professionals from the medical field on how to deal with rape victims. Relevant stakeholders should urgently readdress understanding the associated effects of rape on society and potential victims and programmes should be hosted within these communities to alert residents about the effects of rape in the Mankweng policing area.

Seeing is Believing: How the Layering of Race is Obscured by “White Epistemologies” in the Criminal Justice Field

Seeing is Believing: How the Layering of Race is Obscured by “White Epistemologies” in the Criminal Justice Field

Seeing is Believing: How the Layering of Race is Obscured by “White Epistemologies” in the Criminal Justice Field

Seeing is Believing: How the Layering of Race is Obscured by “White Epistemologies” in the Criminal Justice Field

Integrating economics into professional studies: Criminal justice, health, and public policy education

The theories and practices of economics are important in teaching students and practitioners in the fields of criminal justice, health, and public policy. Criminal justice and health professionals face increased scrutiny due to cost growth and inequities. Practitioners and policymakers can be challenged in their understanding of quantifiable benefits and the costs of interventions. It becomes imperative that professionals have an understanding of cost structure and behaviors, benefit-cost analysis, and cost effectiveness to justify efficient systems. Teaching challenges include the integration of economic principles in courses where students have had no exposure to economics teaching methods and theories. Programs that emphasize the efficient practice of health and criminal justice interventions might consider integrating economic principles into their curriculum.

Peculiarities of Prosecutor Participation in Private Cases: Ukrainian Experience

Background: Maintaining prosecution in criminal cases in court is a specific function of the prosecutor, which is enshrined in both the Constitution of Ukraine and the provisions of the Criminal Procedure Code of Ukraine. This function should meet not only the objectives of criminal justice but also international standards in the field of criminal justice. Criminal proceedings are divided into public and private, depending on the type of socially dangerous act. And depending on the type of accusation, the functions of the prosecutor in the exercise of their powers are different. Thus, in cases of private prosecution, the participation of the victim is crucial, and his/her refusal to prosecute may be grounds for closing the criminal proceedings. This note related to the study of the innovative approach of the Supreme Court’s law enforcement practice shows the active role of the prosecutor in considering these categories of criminal cases in court. Methods: We thoroughly analysed the case-law of the Supreme Court of Ukraine, as well as the provisions of the Criminal Procedure Code of Ukraine and other legislative acts. We also generalised and studied the case-law of Ukrainian courts, as well as recommendations of the CoE and the doctrine of the criminal procedural law of Ukraine. Results and Conclusions: The authors drew several conclusions about various forms of private prosecution with their own specifics, which are manifested in the aspects mentioned in this note.