Field Of Justice Research Articles

Beyond Seeing and Listening: Children Born from Conflict-Related Sexual Violence

ABSTRACT This essay discusses some points made by the three books under review regarding how children born of conflict-related sexual violence have not been seen and listened to by those working in the field of transitional justice. To this end, it explores some of the reasons behind this oversight, including generalized assumptions about their relationships with their mothers, families and communities. It also discusses some of the limitations of the current transitional justice framework to address the plight of these children. Finally, the essay emphasizes the importance of analyzing more deeply the particular context in which these children are embedded. To this end it draws from some of the frameworks presented in the three books under review, which allow for a more capacious comprehension of the situation of children born of conflict-related sexual violence.

The state of contemporary intergroup conflict in the Papua New Guinea Highlands

Purpose This paper aims to discuss the scholarship over the past 30 years on what used to be called Melanesian warfare or “tribal fighting” and is termed in this paper “intergroup conflict” in the Highlands of Papua New Guinea. The paper categorises the drivers of intergroup conflict that make up the landscape for conflict in the Highlands. It starts with cultural factors and the understandings about conflict that have long been used to explain such violence, then adds newer factors. It argues that while the individual existence of each driver is important, far more important is the way in which they interact with each other in reinforcing feedback loops that propel the actors involved towards violence. Design/methodology/approach The paper is based on a thorough review of the scholarly and grey literature on the topic, drawing from the fields of anthropology, criminology, political science, law, justice and peacebuilding. Findings The overall finding of the paper is that the nature of intergroup conflict, its scale and dynamics, has changed considerably over the past 30 years, most prominently in the entanglement of the state with local-level conflicts. This has significantly affected the nature of intergroup conflict today, deepening the attractors towards violence and conflict, while weakening the ability of existing state and non-state systems to prevent it. The picture that emerges is one in which the interconnectivity of factors promoting violence has intensified, the rate of change is accelerating and levels of violence are amplified. Originality/value This paper is an original work.

CHAIRMEN OF KOSTROMA DISTRICT COURT: THEIR ROLE AND PLACE IN THE JUDICIAL SYSTEM RUSSIAN EMPIRE (1871-1917)

Based on archival and historical materials, the article examines in detail the personalities of the chairmen of the Kostroma District Court for the period 1871–1917. Based on the study of the personnel of Kostroma District Court, the purpose of the study is to analyse the personalities of its chairmen as a special social group and their place in the system of judicial authorities of the Russian Empire. The main stages of their life path, formation and professional development as judicial figures are revealed. Topicality is due to insufficient research of the scientific biographies of the chairmen of the courts of post-reform Russia, as well as the expansion of the source base of research on their personalities. The author introduced new facts about the activities of the chairmen of Kostroma District Court into scientific circulation, which made it possible to recreate the portrait of judicial officials of the second half of the 19th – the early 20th century. Their estate origin, education, well-being, marital status, and official status are investigated. Their role and place in the activities of the judicial bodies of the Russian Empire are noted, including through effective public administration in the field of justice in the context of an increasing crisis of power. The conclusion is made about their personal contribution to the management of the judicial branch of government in Kostroma Province, their professionalism.

The ‘P-word’ in Indian juvenile justice: Toward a deeper understanding of legal rhetoric and practice

Although the Indian juvenile justice statute is rhetorically silent about punishment, nonetheless recognisably punitive ideas and practices remain ubiquitous. Standard interpretations do not go beyond legal analyses of the mismatch between discourse and practice. However, interviews with policymakers and practitioners arrayed throughout the juvenile justice field in India reveal the need for a nuanced and deeper understanding of legal rhetoric and practice. A more rigorous, qualitative analysis of penal practices foregrounds the interplay between a set of enabling factors that include, but are not limited to, social constructions of childhood deviance, and attitudes and interests of key juvenile justice actors. It also accounts for why Indian juvenile justice actors euphemise punishment as if it were an unspeakable ‘p-word’, while reinscribing punishment as a normal and normative objective to pursue.

Local environment perceived in daily life and urban green and blue space visits: Uncovering key factors for different age groups to access ecosystem services

Inequality in access to green and blue spaces is a major issue in the field of environmental justice. Various factors significantly influence visitations to these spaces, including residential, commuting, and shopping areas. However, studies have mainly focused on residential environments. Analyzing the coupling of environmental and socioeconomic factors, including age, income, and childhood experience, and examining the direct and indirect effects of these factors for different age groups are needed to better understand the detailed context of inequalities in access to ecosystem services. We conducted a questionnaire survey and analysis to address these needs in an urban setting. The results demonstrate that several land use categories (i.e., agricultural lands in residential areas, grasslands near shopping areas, and deciduous forests near commuting destinations) positively correlated with visitation frequency, suggesting the lack thereof may be the cause of access inequalities. In particular, the perimeter per unit area of some land cover types, which shows the complexity of the form of each land cover category, was found to be a significant factor. We identified inequality in nature experience to be the key factor correlated with inequality in nature visits among the young age group. For the middle-aged and old age groups, nature-relatedness was positively correlated with visitation frequency. Proper design of the local environment, such as through land use planning, can be an effective measure for all age groups. For instance, long-bordered green areas in the Monsoon Asian region are an attractive traditional landscape, with high accessibility and a comfortable thermal environment. The key factors for each age group should be considered in spatial design and inclusive information-sharing to reduce inequality in access to ecosystem services.

Scarcity of resources and distributive justice

This article contributes to the discourse on global justice as it pertains to resources and the just distribution of resources. The focus is on the concept of scarcity. In examining different understandings of scarcity through the use of analogies and examples, a distinction is made between absolute scarcity and relative scarcity. I examine the conceptual understanding of scarcity of resources in the context of distributive justice. Conceptual clarity is necessary to ensure that scarcity is properly referred to in the discourse so that scarcity is not erroneously used when justifications are sought for material deprivation and consequent human suffering. The field of distributive justice arguably requires a full comprehension of scarcity of resources, and this can only be achieved by properly examining the concept of scarcity.

Should Museums Be Activists?

This study critically explores the evolving role of museums as active agents in the fields of cultural heritage and social justice. Traditionally, museums have been seen as neutral repositories of history and culture. However, a greater awareness of social injustice and the demand for inclusivity have driven some museums to take a more active role in advocating for social change. This study combines arguments for and against museums adopting radical stances. Proponents believe that museums, as educational and cultural institutions, have the capability to promote social justice, foster cross-cultural understanding, and challenge societal prejudices. Conversely, critics argue that activism may compromise the perceived neutrality of museums and lead to biases that could alienate parts of the public and jeopardize funding sources. By integrating case studies and scholarly literature, this research discusses how museums can balance their educational missions with activist roles, promoting a more inclusive approach to museum management that addresses contemporary social challenges.

Preparation of Material for Compiling an English–Slovene Dictionary of Criminal Justice and Security Collocations

Abstract This article presents the preparation of material for compiling an English–Slovene dictionary of criminal justice and security collocations. It presents the process of collecting and preparing material; specifically, software selection, corpus preparation, collocation extraction, and translation into Slovene. These activities were performed by students at the University of Maribor’s Faculty of Criminal Justice and Security as part of the course English Terminology. It defines the concepts of language for specific purposes (LSP) and presents the field and subfields of criminal justice and security, and gives an overview of the definitions of collocations. The article outlines the need to prepare a collocation dictionary by exploring the inclusion of collocations in dictionaries. The characteristics of possible dictionary entries are outlined based on material collected and prepared by the students. This is followed by the presentation of some examples of collocation entries from dictionaries.

Expanding the Role of Molecular Genetic Expertise in Crime Detection and Investigation

Molecular genetic testing using DNA plays a crucial role in the field of justice. Beyond the analysis of genomic DNA sequences, advanced methods such as mitochondrial DNA analysis, epigenetic marker identification, and RNA profiling are being developed. A particularly promising approach is forensic phenotyping, which involves predicting human characteristics from DNA samples, including appearance, biogeographic origin, and age.

Transitional Justice in Colombia: A Systematic Literature Review

Transitional justice in Colombia has evolved, reflecting the political, social, and academic changes in the country. This study is a systematic review of the literature through articles indexed in Web of Science, applying the PRISMA protocol. Out of 3819 articles published in the last five years (2019-2024), 109 articles were selected following strict exclusion criteria. The methodology includes a quantitative analysis complemented with the visual analysis tool Posit PBC™ for bibliometric analysis in Biblioshyni. The study addresses the research question on the evolution of the main research interests in the field of Transitional Justice in Colombia. The results show that initially, analyses on transitional justice focused on documenting the atrocities of the armed conflict, with a focus on truth and reparation, grounding legal mechanisms such as the Justice and Peace Law of 2005; with the 2016 Peace Agreement, research expanded into more complex issues, including the interaction between transitional justice and development, and the importance of civil society and victim engagement. The inclusion of the gender perspective, particularly after the 2016 Peace Agreement, led to studies on how women and LGBTI+ communities were differentially affected by the conflict. In addition, recent research has focused on the comparison between the peace processes with the AUC and the FARC-EP, analyzing the differences in their transitional justice frameworks and the challenges of implementing these agreements in a context of persistent violence.

Global Criminology and Criminal Justice Research: A Bibliometric Analysis of Emerging Themes and Gaps

This study examines how organizational factors enhance operational efficiency in criminology and criminal justice through a systematic review of 99 research papers from 2015 to 2024. The primary aim is to identify critical success factors (CSFs) that influence operational effectiveness, distinguishing between internal factors such as personnel development and leadership, and external factors like community expectations and sustainability. Utilizing a systematic literature review and bibliometric analysis of 408 articles, the research maps co-occurrence networks to reveal thematic clusters and gaps in the literature. Findings indicate that strategic organizational practices, including effective leadership and collaboration, are vital for improving efficiency, fostering innovation, and responding to community needs. This research provides valuable insights for practitioners and scholars alike, underscoring the importance of these factors in optimizing operations and serving as a foundation for future studies on their impact within the field of criminology and criminal justice.

Police abolition and transformative justice in the footsteps of Thomas Mathiesen’s penal abolition

Thomas Mathiesen’s theories, his activism and his scholarship are needed, important and useful for contemporary researchers concerned with social change and social justice. At this moment in time, when strong social movements and abolitionism are back on the agenda, Mathiesen’s theories can not only be revitalised, but moved forward in the everlasting unfinished fashion. Mathiesen’s work might be of support to researchers and activists confronted with the ‘system members’ as he calls them, to identify the structures of power one is up against and its strategies. His work provides a roadmap of how to handle repressive powers to reach the long-term goal of penal abolition. In this article, I will outline Mathiesen’s central theories of penal abolition as they are connected to political activism, then trace the role of the police in his abolitionism and, finally, I will argue for the relevance and development of Mathiesen’s abolitionist thinking in the contemporary and burgeoning field of transformative justice and police abolitionism. I aim to show the continuing relevance of Mathiesen’s theories for contemporary abolitionist movements and scholarship, and how they contribute to push these theories forward into new areas.

The formation and development of concepts of access to court: a historical and legal context

The article is dedicated to the study of the elements of the formation and development of the judicial branch of power in specific historical periods in the context of outlining the principle of access to justice, particularly from the establishment of early states to modern times. In light of this, the article draws attention to the manifestations and signs of ensuring citizens' right of access to court from the perspective of studying the general historical progress of the judiciary. The analysis allowed the author to identify four main stages in the formation of the principle of access to justice in the world history of state and law: ancient, new, modern, and globalization. At the same time, the author emphasizes the different degrees of development and characteristic features of specific historical stages of the evolution of access to court and justice. It is established that already at the stage of formation and development of the ancient type of state and law (both Eastern and Western typologies), the formation of territoriality as one of the key components of the principle of access to justice began. Initially, judicial functions within the competence of the bodies and officials of the ancient states were combined with administrative and executive functions. The period of modern times is associated with the formulation of the political and legal idea of the separation of powers with the identification of an independent judiciary and the concept of due process, which is based on the modern notion of the ideal model of the organization and functioning of the judiciary in a democratic society. The rapid development and evolution of access to justice occurred in the modern stage, including the Florentine project of M. Cappelletti's "access to justice movement," which included a set of measures, aimed at ensuring real access to justice. The article concludes that the modern concept of access to court and justice involves its comprehension through empirical and pluralistic (multifaceted) approaches, taking into account not only obstacles and barriers to access to court and justice but also analytical data on the real state of affairs in the field of justice, considering various aspects of access to justice in the modern world

Healing-Centered Restorative Justice

This concept paper maps out an approach to restorative justice that enriches current trauma-informed understandings and promotes healing and repair. The paper draws upon many sources, including qualitative research undertaken between 2021-23 in Israel/Palestine and New Zealand/Aotearoa, and an ongoing collaborative research project in the U.S. It also incorporates gathered wisdom on trauma and healing from leading experts across many disciplines. The paper begins by delineating different understandings of trauma, including personal, collective, historical, and structural forms. It then highlights three critical perspectives that offer useful insights into how the field of restorative justice can more effectively achieve its transformational potential: (1) Indigenous/collectivist perspectives; (2) positive psychology-related perspectives; and (3) transformative justice/abolitionist perspectives. The paper goes on to reframe these critical perspectives as core features of healing-centered restorative justice: first, a contextualized, multi-dimensional understanding of trauma; second, a strengths orientation toward human behavior; and third, a relational worldview grounded in interconnectedness, mutuality, and shared responsibility. By adopting this holistic and humanistic framework, restorative justice scholars and practitioners can develop effective and culturally sustaining conflict transformation processes that contribute to healing and repair at individual, interpersonal, and systemic levels of society.

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.

Адміністративний процес, як провідна галузь права у співвідношенні з міжнародними правовими системами ЄС та США

The article is devoted to a detailed study of administrative procedure as one of the key branches of law and its correlation with international legal systems, such as the legal systems of the European Union (EU) and the United States of America (USA). The study of these systems is important for understanding current trends in the development of administrative law in Ukraine, especially in the context of its integration into the European legal area and large-scale legal reforms. The purpose of this study is to identify commonalities and significant differences between the administrative processes in the EU and the US, and to assess how these processes can be integrated into the Ukrainian legal system. Particular attention is paid to the analysis of administrative justice principles such as the rule of law, fairness, access to justice and judicial independence. The study shows that, despite significant differences between the legal traditions of the US and the EU, both systems share a common goal of ensuring transparency and accountability of administrative bodies and protecting the rights of citizens. The article analyses the different approaches to administrative justice, in particular, it shows that in the EU and the US, they are united by such important elements as independence of the judiciary, access to justice and protection of human rights. These principles may serve as guidelines for the development of administrative law in Ukraine, where reforms are aimed at strengthening the judicial system and improving the mechanisms for protecting the rights of citizens in their relations with administrative authorities. Particular attention is paid to the analysis of the impact of the EU and US legal systems on the development of administrative law in Ukraine. Ukraine, on its way to integration into the European Union, has already adopted many elements of the European legal system, in particular in the field of administrative justice. At the same time, the American experience of regulating economic relations through administrative law may also be useful for Ukraine in the context of developing a market economy and building a state governed by the rule of law. Thus, the article concludes that the integration of Ukrainian administrative law into the European legal space should take into account both the EU’s positive experience in the field of human rights protection and transparency of public administration, and American approaches to regulating economic relations and ensuring the effectiveness of administrative justice.

‘Shifting logics in criminal justice’: Introduction to the special issue

In this piece, we introduce a special issue celebrating Professor Joanna Shapland’s 40-year contribution to criminology and criminal justice. It is derived from an international conference hosted by the Centre for Criminological Research at the University of Sheffield on ‘Shifting Logics in Criminal Justice’, which took place on 12–14 April 2023. In the introduction, we reflect on Joanna Shapland’s contributions to the fields of victims, restorative justice, desistance and policing, before providing an overview of the seven papers in the special issue that examine these key themes in her research. There are three papers on the theme of desistance, respectively, by Stephen Farrall, Robin Gålnander and Laura Abrams; two on restorative justice by Rebecca Banwell-Moore, and by Joanna Shapland, Jamie Buchan, Steve Kirwood and Estelle Zinsstag; and, two on policing by Pieter Leloup, and by Jacque de Maillard and Megan O’Neill.

The Immigration–Crime Nexus: Inner and Outer Containment Buffer or A Push Toward Delinquency

The ongoing debate over the immigration–crime nexus has continued to attract a wide range of research efforts in the criminal justice field. To build on these initiatives, this study not only examines the relationship between immigrants and adolescent crime but also explores attributes derived from containment effects that may contribute to or shield individuals from deviant behavior in America. Results showed that both immigrant and native-born adolescents share similar external attributes rather than internal traits that affect delinquency. For instance, inherent immigration status and identity is relatively more influential on self-reported substance problems among immigrant youth compared to their native-born counterparts. Interestingly, among external attributes, immigrant and native-born adolescents are responsive to legitimate opportunity and neighborhood order in different ways which thrust them into different deviant pathways.

CÁC QUY ĐỊNH CỦA HIẾN PHÁP NĂM 2013 VỀ BẢO VỆ QUYỀN CON NGƯỜI TRONG LĨNH VỰC TƯ PHÁP HÌNH SỰ

The 2013 Constitution has established foundational legal principles that are crucial for the protection of human rights in Vietnam, both broadly and specifically within the realm of criminal justice. This article analyzes the mechanisms employed to protect human rights within the framework of criminal justice as stipulated by the 2013 Constitution. By drawing upon international benchmarks for human rights in criminal justice and referencing constitutional frameworks from diverse nations, this article advances recommendations to refine the 2013 Constitution provisions concerning the protection of human rights within the field of criminal justice.

Transitional justice and terrorism: socio-legal reflections on the problem of trials, perpetrator responsibility and accountability

Scholars have only recently begun to link transitional justice frameworks to legal settlements after terror. In the wake of Anders Breivik’s 2011 attacks, Norway has witnessed a series of terror and mass violence events, each followed by extensive legal proceedings. These include the 2019 mosque attack, the 2021 Kongsberg killings, and the 2022 Islamist attack during Oslo Pride week. This article examines these trials as a societal, ongoing process. This research contributes to the field of transitional justice by examining how legal systems grapple with the aftermath of terror in the absence of clear-cut criminal narratives. Focus is given to how we can expand our understanding of the meaning of legal accountability in terror contexts. The central contribution of the article is to problematise the relationship between terror trials as vehicles for perpetrator responsibility, and justice and healing. Starting from the mental health narratives surrounding all the perpetrators, the article suggests that there is a tension between holding terrorists accountable and defining them as patients. To contribute to alternative ways of construing legal accountability, the article puts forward examples of how accountability for terror is being navigated and negotiated in bureaucratic, political, and international legal discourse and practice. The article is part of a special issue honouring the contributions of the late Professor Thomas Mathiesen.