Justice Professionals Research Articles

Teacher Reflections on Assessing Indigenous Cultural Competency in a Criminal Justice Subject Through Interactive Oral Assessment

Universities in countries with a history of colonisation of First Peoples (e.g. Australia, New Zealand, and Canada) are pivoting to including cultural perspectives and knowledge systems in curricula, supported by a raft of new policies. For criminal justice professions, the legacy of colonisation has shaped justice systems and First Peoples’ experiences of justice. Recommendations for the profession to better address these legacies include embedding First Peoples’ perspectives and knowledge systems in undergraduate degrees. This paper reports on the development and design of a new assessment of embedded Indigenous content in a criminal justice subject. As experience in developing and deploying an assessment of these skills and knowledge is still relatively new in many institutions, educators may find this paper of interest when developing their assessment.

Comrades' Courts in the Soviet Period of Russian Statehood as a Form of Non-Professional Justice

The formation and development of comrades’ justice in the Soviet period of Russian statehood is associated with the implementation of the unified national concept of the court, conditioned not so much by professional justice as by the mass participation of non-professional judges from the people in court. The jurisdiction of cases heard in public courts was regulated by the relevant provisions and criminal codes, providing that these courts considered minor crimes, both by virtue of a direct indication in the law, and by way of delegation of the function of justice by the courts or the prosecutor’s office in each specific case. The activities of the comrades’ courts are divided into three periods. The first period — from 1919 to 1922 — is characterized by the disciplinary orientation of the comrades’ courts authorized to consider all violations of labor legislation. The second period — from 1928 to the beginning of the Great Patriotic War — is characterized by a variety of comrades’ and public courts that covered various spheres of economic, social and political activities, from Soviet enterprises and institutions to collective farms. Its main purpose was to free public courts from a mass of minor offenses and property disputes, as well as ensuring productivity growth and combating disruptors of production in enterprises and institutions. The third period — from the late 1950s to 1991 — set the goal of strengthening socialist democracy by involving a wide range of workers in the management of public affairs, including through comradely justice, which defined comrades’ courts as quasi-judicial bodies of public and state power, intrinsically inscribed in the concept of a socialist national state.

De-mythologizing Social Work Education: Ivan Illich Revisited

Abstract Social work presents itself as a social justice profession, being concerned with the empowerment and liberation of people. Here, we argue that social work as it is instituted in programs of higher education, shares the same assumptions of need, scarcity, and la Technique as the society it criticizes, and is an iatrogenic radical monopoly. We critique these assumptions in relation to social work and social work education and then discuss the Illichian concept of conviviality on the basis of which we make suggestions for reform.

‘Is it a positive or a negative?’ Children’s participation in discharge of care order proceedings

ABSTRACT This paper explores the involvement of children in discharge of care order proceedings and the tensions children’s social workers, guardians and other stakeholders may face when aiming to both uphold children’s rights to participate and their right to protection from harm. Using Lundy's [2007. ‘Voice’ is not enough: Conceptualising Article 12 of the United Nations Convention on the Rights of the Child. British Educational Research Journal, 33(6), 927–942] model of participation, and drawing on qualitative interviews and a focus group with 41 family justice professionals and data from 209 electronic records relating to 327 children, this paper explores the extent to which children are given space, voice, audience and influence within discharge proceedings. In principle, professionals were supportive of children’s participation. The reality was more complex, with only a minority of children consulted about discharge proceedings and professionals inferring their views in many situations, for fear of causing further distress or traumatisation. The findings from the study suggest that a fifth concept, impact, should be included within Lundy’s model, whereby the potential impact of participation on children’s wellbeing is considered alongside space, voice, audience and influence.

Diversion or death? The moral framework shaping bifurcated punishments for drug offences in Indonesia

Background As the UN urges states to move from harsh punishments for drug offences towards treatment programmes, Indonesia has adopted a bifurcated penal policy. Most of those convicted are sentenced to imprisonment or death, but some ‘minor’ offenders are diverted to drug treatment centres. We explore the moralities that shape drug policy, justice professionals’ interpretation and application of laws and policies, and judgements about who is deserving of diversion. Methods We draw on experiences and perceptions of 136 Indonesian criminal justice professionals, through in-depth qualitative interviewing and focus groups, to reveal the moral landscapes shaping policy and practice. Results Justice narratives blur penal concerns with moral judgments about drug offending, with normative responses shaping punishments in law and practice. While there is some compassion for ‘minor’ drug offenders, driving rationales for diversion, drug traffickers are regarded as morally deserving of prison and capital punishment, with traditionalist perceptions of harm amplified by a purgative rationale. Conclusion This article highlights the analytical potential of moralities such as ‘compassion’ and ‘traditionalism’ in criminal justice research and policy in Southeast Asia. Understanding the formation and navigation of these normative values may assist in challenging harsh penal policy in Indonesia and the wider region.

Artificial intelligence-assisted criminal justice reporting: An exploratory study of benefits, concerns, and future directions

This research explores the potential of large language models (LLMs) in revolutionizing report-writing practices across the criminal justice system. Drawing on insights from 23 interviews with justice professionals regarding report writing and LLM utilization, the benefits, challenges, and implications of integrating artificial intelligence (AI) technologies into the writing process are investigated. The findings highlight the obstacles to generating quality reports and the prevalence of boilerplate elements in justice system narratives, suggesting an opportunity for LLMs to streamline the writing process, provide training support, aid interoperability, and ensure consistency in standard sections. Practitioners voiced concern regarding the potential removal of human oversight, discretion, nuanced understanding, and privacy when weighing LLM adoption. Recommendations for practice and policy are offered.

Views and experiences of involuntary civil commitment of people who use drugs in Massachusetts (Section 35)

BackgroundInvoluntary civil commitment (ICC) is a court-mandated process to place people who use drugs (PWUD) into substance use treatment. Research on ICC effectiveness is mixed, but suggests that coercive drug treatment like ICC is harmful and can produce a number of adverse outcomes. We qualitatively examined the experiences and outcomes of ICC among PWUD in Massachusetts. MethodsData for this analysis were collected between 2017 and 2023 as part of a mixed-methods study of Massachusetts residents who disclosed illicit drug use in the past 30-days. We examined the transcripts of 42 participants who completed in-depth interviews and self-reported ICC. Transcripts were coded and thematically analysed using inductive and deductive approaches to understand the diversity of ICC experiences. ResultsParticipants were predominantly male (57 %), white (71 %), age 31–40 (50 %), and stably housed (67 %). All participants experienced ICC at least once; half reported multiple ICCs. Participants highlighted perceptions of ICC for substance use treatment in Massachusetts. Themes surrounding ICC experience included: positive and negative treatment experience’s, strategies for evading ICC, disrupting access to medications for opioid use disorder (MOUD), and contributing to continued substance use and risk following release. ConclusionsPWUD experience farther-reaching health and social consequences beyond the immediate outcomes of an ICC. Findings suggest opportunities to amend ICC to facilitate more positive outcomes and experiences, such as providing sufficient access to MOUD and de-criminalizing the ICC processes. Policymakers, public health, and criminal justice professionals should consider possible unintended consequences of ICC on PWUD.

Coalition broadens mental health training for criminal justice professionals

Coalition broadens mental health training for criminal justice professionals

T43 - Women and Medications for Opioid Use Disorder: Contributors to Treatment Success From the Perspectives of Women in Recovery, Women With Past Attempts in Drug Treatment, and Health and Criminal Justice Professionals

T43 - Women and Medications for Opioid Use Disorder: Contributors to Treatment Success From the Perspectives of Women in Recovery, Women With Past Attempts in Drug Treatment, and Health and Criminal Justice Professionals

Social reintegration of cisgender and transgender women post-incarceration in Brazil: policies and challenges

BackgroundSocial reintegration relies on the support given to prisoners not only during their reentry into society but also throughout their imprisonment. Our goal was to analyze the expectations reported by cisgender and transgender women returning to society and of the justice and social welfare professionals from the Brazilian prison system.MethodsA qualitative analysis using saturation sampling was conducted. The participants were selected through a non-probabilistic sampling technique. Data was collected through semi-structured interviews with professionals involved in the management of the prison system and female former inmates. Interviews were transcribed and analyzed using an open and focused coding process. Textual data was stored, organized, and coded using Atlas software according to emerging themes.ResultsThe study involved 15 professionals and 13 female former inmates, five of them identified as transgender women. Among the professionals, the age range went from 38 to 65 years old; they reported a work history in their respective fields, from 10 to 35 years, with an equal distribution across genders. As for the female former inmates, their ages ranged from 24 to 42 years old, and the most reported crime was drug trafficking. Their incarceration time varied from 1 to 8 years. Female inmates were vulnerable to abuse and violence, including physical, sexual, and emotional violence. Women in situations of prior vulnerability faced additional challenges during their sentences. Transgender women were even more neglected and discriminated against by the system. Despite the professionals being aware and concerned about vulnerabilities and the need to improve the reintegration process, in general, they were not sensitive to the gender perspective. There were no specific policies able to support social integration for this public.ConclusionsData showed multifaceted challenges faced by female former inmates within the Brazilian prison system, highlighting the insufficient policies for both cisgender and transgender women. Additionally, the results revealed a lack of sensitivity among professionals regarding gender issues and their particularities in the prison system and social reintegration. These findings emphasize the need for a more comprehensive and intersectional approach that addresses the diverse socio-economic backgrounds of these individuals.

Wrongful Convictions with Prison Sentences in Spain

Researchers worldwide have extensively explored the factors contributing to wrongful convictions and the characteristics of individuals affected by these miscarriages of justice for over a century. Despite these global efforts, limited research has been conducted on this issue in Spain. This study seeks to address this gap. We trained coders to assess available review judgments issued by the Spanish Supreme Court from 1996 to 2022. We identified 89 cases of individuals wrongly sentenced to deprivation of liberty. Our findings indicated that 92% of those wrongfully convicted were male, with the majority having a prior criminal record. Most exonerations involved minor crimes, and 85% of individuals were sentenced to less than 4.5 years of deprivation of liberty. Professional misconduct emerged as the primary contributing factor, followed by the misapplication of forensic science, misidentifications, false testimonies, and false confessions. This project sheds light on wrongful convictions in Spain, emphasizing the need for comprehensive measures to address this issue. The current results have practical implications for justice professionals, policymakers, and legal practitioners. It is crucial to educate professionals in the judicial system on the causes of judicial errors, the biases that may influence them, and best practices to improve processes and reduce the occurrence of wrongful convictions.

A Study of Gender Differences on Chinese Criminal Justice Practitioners’ Death Penalty Opinions

Among Western studies of death penalty public opinion, one specific inquiry is on potential gender differences between men and women. While many studies conducted in the United States found a gender gap in which men exhibited significantly higher levels of support for capital punishment, studies of this gender gap in other nations are rare and the results are mixed and inconsistent. Based on a sample of 516 criminal justice professionals (CJPs) from one southern Chinese city, this study examines their death penalty opinions and explores if potential gender differences exist. Bivariate and multivariate analyses showed little significant differences between male and female Chinese CJPs, albeit women displayed lower levels of support in general. In rape crimes, however, female Chinese CJPs were more likely to favor capital punishment than males, after controlling for other variables. This study provides the first in-depth examination of gender differences of death penalty opinions among CJPs.

Cybersecurity Skills, Knowledge and Abilities for Criminal Justice Professionals: An Exploratory Study of Practitioners' Perspectives

Cybersecurity Skills, Knowledge and Abilities for Criminal Justice Professionals: An Exploratory Study of Practitioners' Perspectives

Understanding Youth Justice Professionals’ Motivations For Their Work

Youth Justice (YJ) professionals experience work-related stress, challenges and trauma in their work (Sibisi & Warria, 2020) yet they continue to enter the field. Research regarding motivations of YJ professionals for their work is limited, but necessary to improve overall quality of care and to ensure the most suitable candidates are hired. Semi-structured interviews aimed to explore YJ workers’ motivations for their work and how they experience and cope with challenges on the job. Thematic analyses indicates that YJ professionals are motivated by the opportunity to contribute to the lives of youth through prevention and intervention, progress and learning, and advocacy and resource provision. Challenges in YJ work are often related to feeling unsupported owing to low salaries, staff shortages, and system constraints. Motivating factors which contribute to their ability to stay in the field despite the challenges include a passion for their work and seeing change in their clients. Healthy coping strategies appear necessary to manage challenges and may contribute to the longevity in the field. Findings provide insight into YJ professionals' motivations, coping, and reasons for remaining in the field. These results can help to inform hiring, training and policy in Ontario YJ work.

The impact of family systems and social networks on substance use initiation and recovery among women with substance use disorders.

While social networks influence individuals with substance use disorders (SUDs), the mechanisms for such influence are under-explored among women who use drugs. This study triangulates the perspectives of criminal justice professionals, SUD treatment professionals, and women with past and current experiences with substance use to explore these dynamics. We conducted semistructured interviews (N = 42) in 2022 with women with current or past opioid use disorder (n = 20), SUD treatment professionals (n = 12), and criminal justice professionals (n = 10) who work with women with opioid use disorder. Interviews centered around participants' backgrounds, perceived barriers and facilitators to medications for opioid use disorder (MOUD) treatment, and gender-specific issues in MOUD treatment. All interviews were audio-recorded, transcribed, and deidentified. We used a four-step qualitative data analysis process to code transcripts. Across these participants' accounts, we identified mechanisms by which women's social networks influenced their opioid use trajectories: intergenerational substance use, family support and strain, intimate partner influence, and peer support and pressure. Overall, the emergent themes in the present study reflect the embedded nature of support within social systems. Women who had access to and engaged with various forms of social support tended to be those who use/used MOUD and self-identified as in recovery. Combining MOUD treatment with psychosocial interventions allows women to heal from trauma, learn effective coping skills, and receive valuable resources to support recovery. Interventions focusing on family resilience and peer recovery support can disrupt the cycle of addiction and promote MOUD treatment success. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Detecting orphanage trafficking and exploitation

BackgroundThere is growing awareness that a proportion of children in orphanages have been recruited or transferred into the facility for a purpose of exploitation and/or profit. These children are often falsely presented as orphans to evoke sympathy and solicit funding. This process is known as orphanage trafficking. Although orphanage trafficking can be prosecuted under legal frameworks in some jurisdictions, including Cambodia, there have been limited prosecutions to date. One factor that likely contributes to a lack of prosecution is poor detection, yet the indicators of orphanage trafficking have not been considered by extant research. ObjectiveThe current study was conducted as a first step towards providing evidence-based indicators of orphanage trafficking. Participants and settingProfessionals who had identified or responded to cases of orphanage-based exploitation in Cambodia were interviewed. Participants included criminal justice professionals, investigators from civil society organisations, and child protection social workers. MethodsProfessionals' perspectives on how to identify orphanage trafficking were explored via in-depth interviews, and the data were analysed via thematic analysis. ResultsThe analysis revealed a distinct set of indicators that may be used to detect orphanage trafficking, including the operation of an unauthorised facility, orphanage tourism and volunteering, and an overt focus on fundraising. ConclusionThe indicators revealed in this study point to the need for an effective and thorough monitoring system for orphanages, as well as adequate education and training of relevant personnel to aid in the detection of orphanage trafficking.

Генезис законодательства об организации судов с участием присяжных заседателей в постсоветской России и проблемы обеспечения его конституционности

The article examines the process of development of legislation on the organization of jury trials in post-Soviet Russia, and also touches upon the problems of ensuring compliance of this legislation with the Constitution of the country. According to the author, as a result of constitutional amendments, before the constitutional reform of 1993, the legislator thought or assumed a wider introduction into socio-political practice of the institution of trial with the participation of jurors, and civil cases were even placed in first place by the Constitution compared to criminal cases. The Constitution of the RSFSR still supported the construction of “professional justice together with people’s assessors”, but was aimed at a major transformation of democratic forms of justice in the future.

In conversation: An inside perspective of youth justice practice and experience

This reflective, dialogue between two youth justice professionals who have lived experience of being incarcerated children aims to provide an insight into their unique transition. Although living in very different parts of Britain, they discuss and reflect upon similarities in terms of strengths and challenges that come with being formerly incarcerated youth justice practitioners. Both authors share their insights of youth justice developments, their perspectives of participatory practice and how experiential knowing can impact relationship building with justice involved children.

Difficult ‘By Design’: Viewpoints of Crown Attorneys and Defense Counsel Working With Youth With Intellectual and Developmental Disabilities in the Youth Justice System

Despite the overrepresentation of youth with intellectual and developmental disabilities (IDD) in the youth criminal justice system, little is known about their experiences. Drawing on interviews with defense counsel and crown attorneys, we examine how Canada’s Youth Criminal Justice Act (YCJA) guides the work of justice professionals and the extent to which this legislation responds to youth with IDD. Findings provide insight into some of the realities and challenges justice professionals face in their role. We consider how gaps between the YCJA and its application in practice may be addressed for youth with IDD in the youth criminal justice system.

The Intersection of Anthropology and Criminal Law: Insights for Policy and Practice


 
 
 The intersection of anthropology and criminal law offers valuable insights for informing policy and practice in the criminal justice system. This article explores the dynamic relationship between anthropology and criminal law, highlighting the contributions of anthropological research to understanding crime, criminal behavior, and the functioning of legal systems. Through a qualitative approach, this study conducts a comprehensive review of relevant literature and utilizes library research methods to synthesize key findings. The analysis reveals that anthropology provides unique perspectives on cultural norms, social structures, and power dynamics that influence the formulation and application of criminal laws. By examining diverse cultural contexts, anthropologists uncover the complexities of crime and justice, shedding light on issues such as legal pluralism, cultural defense, and the role of indigenous justice systems. Furthermore, anthropological insights challenge conventional approaches to criminal justice, emphasizing the importance of context- specific interventions and culturally sensitive practices. This article identifies five key themes that emerge from the literature review: cultural relativism, legal pluralism, the social construction of crime, indigenous justice systems, and the impact of globalization on legal norms. These themes offer valuable lessons for policymakers, legal practitioners, and criminal justice professionals seeking to develop more effective and culturally responsive approaches to crime prevention, law enforcement, and criminal adjudication. By bridging the gap between anthropology and criminal law, this research contributes to a deeper understanding of the complexities of crime and justice in diverse cultural contexts.