Justice Responses Research Articles

To Impose or Not Impose Penalty Conditions Following Professional Misconduct: What Factors Are Cited by Three Professional Disciplinary Tribunals in New Zealand?

Profession-related disciplinary tribunals consider a range of factors when determining penalties following findings of professional misconduct. Penalties that impose conditions on practice hold the potential to facilitate practitioners’ rehabilitation back to safe practice. This study explores the use of penalty conditions by three disciplinary tribunals in New Zealand (the Lawyers and Conveyancers Tribunal [LCDT]; the Health Practitioners Disciplinary Tribunal [HPDT]; and the Teachers Disciplinary Tribunal [TDT]). Disciplinary decisions published between 2018 and 2022 (N = 538) were analysed, coding the explicit reasons cited for imposing or not imposing conditions and if rehabilitation was cited as a penalty principle. Conditions were imposed in 58.6% of the cases, though tribunals varied. All of the tribunals commonly referred to the concepts of remorse/insight, or lack of it, as reasons for ordering or not ordering conditions, and they often considered the seriousness of the misconduct. Reasons for not ordering conditions were more varied between tribunals, as was citing rehabilitation as a penalty principle. The findings suggest that tribunals give substantial consideration to the decision of imposing conditions, drawing on both objective (e.g., past misconduct) and subjective (e.g., cognitive and psychological) phenomena. The reasons did align with concepts found in broad sentencing guidelines from some other jurisdictions (e.g., criminal justice response), though future research on defining and measuring these concepts may help understand their predictive and protective utility.

Perpetrators as Victims? Inclusivity and Proximity in Post-Genocide Cambodia and Rwanda

ABSTRACT In post-genocide Cambodia and Rwanda, low-level perpetrators often identify as victims of the genocidal regimes alongside those they tortured and killed. However, state and societal responses to these claims appear to have varied dramatically. In Cambodia, the government and civil society organizations seem to view former Khmer Rouge cadres’ claims to victim status as socially acceptable and politically useful, while in Rwanda, the government and civil society organizations have firmly rejected perpetrators’ efforts to claim space as victims. What accounts for these different societal responses in Cambodia and Rwanda? At present, there is ample literature on how authoritarian government actors in both contexts have shaped their nation’s post-genocide transitional justice responses to prevent future bloodshed, while simultaneously reinforcing their regimes’ sometimes tenuous political legitimacy. However, this article offers complementary insights by exploring two otherwise under-researched factors that we argue further inform these polar-opposite reactions to perpetrators’ claims to victim status: (1). post-genocide governments’ offers of inclusivity in defining who is part of each nation’s ideal post-genocide ingroup; and (2). the social proximity of perpetrators and their victims during and after the genocides. Our focus on inclusivity and social proximity related to the Cambodian and Rwandan genocide advances scholarly understandings of the various factors that shape government and social responses to perpetration in the aftermath of genocide internationally.

Moving towards transformative justice for black women survivors of intimate partner violence: an intersectional qualitative study.

Intimate partner violence (IPV) disproportionately affects Black women, yet the current IPV justice response, relying on the criminal legal system, often fails them due to racialized, sexist stereotypes that disrupt Black women's claims to survivorship. Transformative justice, a community-based approach designed to repair harm between the survivor and person who caused harm and transform the social conditions that perpetuate violence, may be a promising alternative approach to facilitate justice and accountability for IPV. However, little is known about the justice preferences of Black women IPV survivors. This qualitative study sought to understand Black women IPV survivors' experiences interacting with police and their justice preferences following IPV. Semi-structured interviews with 15 Black women IPV survivors were conducted between April 2020 and April 2022. Inductive analytic techniques derived from grounded theory were used to contextualize Black women IPV survivors' experiences. One theme was identified that aligned with Black women IPV survivors' experiences interacting with the police: 1) fear and distrust. Four themes were identified that aligned with justice preferences: (1) resolution through dialogue, (2) therapy and counseling services, (3) resource support, and (4) protection and prevention for children. Fear and distrust of the police was mainly driven by anticipated discrimination. Survivors' justice preferences encompassed solution-based dialogue between the survivor and person who caused harm mediated by family and trusted individuals in the community, therapy services, housing support, and attention to preventing the intergenerational cycle of IPV for children as part of a community-based, holistic justice response. Police interactions as part of the current justice response were counterproductive for Black women IPV survivors. Black women IPV survivors deserve alternative forms of justice and accountability for IPV. As an alternative justice response to IPV, transformative justice can encompass their justice preferences and promote equity and center Black women IPV survivors and their communities.

Prosecuting human traffickers in Nigeria: victim-witnessing and community-oriented challenges

AbstractThe paper reflects on the limitations of Nigeria’s antitrafficking efforts, as they relate, particularly, to the complexities of victim-witnessing in the prosecution of sex trafficking cases. While much has been written about the institutional and cultural impediments to victim-witnessing in Nigeria or Nigerian-related sex trafficking cases, our work seeks to ask an often underplayed, if not ignored question: Can individuals existing under unjust structures find the impetus to assist the state advance the course of justice? We respond to this question by exploring the interrelationships between political failure, community-oriented trafficking and the moral quandary faced by intercepted victims who see trafficking as a conduit for economic mobility. Utilising Robert Merton’s strain theory, we highlight how the relational dynamics between traffickers and their victims within a community-oriented trafficking context underscore an innovation adjustment to the Mertonian strain. Against this background, we conclude that victim-witnessing is and will remain a challenge for Nigeria’s criminal justice response to trafficking because victims perceive their criminal exploiters as inextricably linked to their material wellbeing.

How Nollywood Can Facilitate Criminal Justice Responses to Herdsmen Issues in Nigeria

How Nollywood Can Facilitate Criminal Justice Responses to Herdsmen Issues in Nigeria

A history of restorative justice in Scotland: The evolving nature of an innovation in criminal justice policy and practice

AbstractHigh‐level political support for restorative justice in Scotland is at its strongest for many years, and yet its availability is lower now than in the mid‐2000s. To explore the reasons behind this paradox, we undertook an oral history project focused on the origins and development of restorative justice in Scotland. Based on 15 interviews with professionals, we tracked how the nature, objectives and scale of restorative justice has evolved in Scotland over time. Our analysis shows how the meaning and purpose of justice initiatives can shift, providing insight into policy development and broader debates about the role of justice responses.

The technification of domestic abuse: Methods, tools and criminal justice responses

Methods of domestic abuse are progressively incorporating computer misuse and other related online offences and digital tools, escalating opportunities for perpetrators to monitor, threaten and humiliate their victims. Drawing on empirical research involving media case study analysis, a technology review and interviews undertaken with 21 professionals and service providers supporting domestic abuse victims, this article outlines the context in England and Wales regarding the methods, tools and criminal justice responses involved in what we conceptualise as the technification of domestic abuse. As technology continues to deeply intertwine with our daily lives, it is undeniable that its involvement within domestic abuse encompasses harmful behaviours that pose an increasing risk of harm, and unless effective criminal justice interventions are implemented, this risk will inevitably grow even further.

Examining Failings in Criminal Justice Responses to Sexual Offenses: Focus on Male Victims and Impact of Operation Bluestone

This article highlights the failings of the criminal justice system in offering support to the victims of sexual violence, and keeping the focus particularly on male victims of sexual abuse. The article also investigates the overall experiences of all victims and the current procedures and policies in place. Men are treated as non-deserving victims, because the definition of rape under the Sexual Offences Act 2003 defines rape as “penetration with penis” and does not take male victims into account. Male victims are also not treated the same way as female victims, however both experience rape myths such as males not being ‘man enough’ and females with vulnerabilities, such as alcohol consumption, not being believed. Furthermore, it is increasingly difficult to bring forward rape charges by the crown prosecution service and the victims withdrawal rate in 2019-20 remains at 57%, indicating failings within CJS. Moreover, the negative attitudes of officers dealing with rape cases, and officers abusing their powers to sexually assault victims, raised serious questions around the systematic failure within the CJS. There is a lack of support for rape victims, and the impact of Operation Bluestone, which was created to improve rape case procedures, shows that the number of cases making it to court has increased with the project, but conviction rates remain very low. This was impacted by rape myth culture, which was a consistent theme throughout the research.

Factors that influence the criminal justice response to human trafficking: a systematic review of North American and European studies

Human trafficking, the recruitment and transportation of persons by use of force, coercion, or deception for exploitation is one of the largest illicit industries worldwide. In the execution of anti-trafficking policies to combat this phenomenon, nation-states have assigned a decisive role to criminal justice actors as they are not only responsible for the detection, investigation, and prosecution of perpetrators but also for the identification and (legal) protection of victims of human trafficking. However, research has shown that criminal justice actors encounter many challenges whilst carrying out their tasks, which is also reflected in the low numbers of successful prosecutions and identified victims. To our knowledge, the reasons behind this observation have never been studied systematically. This systematic review aims to collect and synthesise empirical literature on factors that influence the criminal justice response to human trafficking to better understand and identify gaps in knowledge. In total, 35 empirical studies were included. Findings were discussed in light of theory and previous research and were used to provide recommendations for policy and future research. These studies suggest that factors such as prevailing stereotypes, an absence of legal guidance and a lack of capacity and expertise interact and even amplify each other and that strengthening the criminal justice response to human trafficking requires a multi-layered approach that simultaneously addresses several challenges.

Popular Criminology, Sexual Violence and Alternative Modes of Justice

The idea of ‘popular criminology’ has gained currency within academic criminology, with criminologists recognising that popular cultural portrayals of crime, violence and justice offer alternatives discourses which enhance the criminological imagination beyond the limits of academic criminology, offering more complex understandings of crime and violence and reimagining the nature of justice (Brown and Rafter, 2012; Rafter, 2007; Wakeman, 2013; Wattis, 2018, 2022). This article will consider cultural representations of sexual violence as progressive portrayals which reveal the harms of sexual violence, disrupt stereotypical rape narratives and highlight the victim experience (Powell et al., 2015; McGlynn and Westmarland, 2019). There is now a growing activist and academic movement calling for a reimagining of justice beyond formal redress. This is in part a response to the widely acknowledged failure of formal justice systems to deliver justice for victims of sexual violence and the anti-carceral critique of feminism’s support for carceral justice responses to violence against women. Ultimately, I consider how popular culture might contribute to a more progressive vision of justice which resonates with McGlynn and Westmarland’s (2019) notion of ‘kaleidoscopic justice’ where victims are centred and the harms of sexual violence are fully recognised. I conclude by considering the ethics of representations of violence against within popular culture.

When a Bully is President : Children's Literature for Oppressive Times

Abstract: Children's literature is not devoid of political discourse. Notwithstanding the value of subtle political messaging, this article examines children's literature with overt political content that provides all readers—children and adults—tools to engage contemporary movements like "Water is Life" or "Black Lives Matter." Such is the case with Maya Gonzalez's (2017a) When a Bully is President: Truth and Creativity for Oppressive Times/Cuando el Presidente es un Bulí: La Verdad y la Creatividad en Tiempos Opresivos , which incorporates major themes such as colonization, slavery, war, and xenophobia through a queer and feminist of color political lens. Rather than shielding readers from social inequalities, Gonzalez reframes these within bully discourse and social justice responses to bullying through what I am identifying as temporal interconnection and collective creativity—as evidenced by the book's call for "truth and creativity." Created during dire times, When a Bully is President invites us to pause, witness, reflect, and engage in collective action in order to cultivate a queer and feminist of color future.

The Trajectory of International and National Anti‐Terrorism Laws: An Appraisal of Counter‐terrorism Legislation in Kurdistan, Iraq

ABSTRACTTerrorism is not a new phenomenon. Nevertheless, since September 11, 2001, it appears that there has been a global consensus on the need for a more uniform and comprehensive response to terrorism. Thus, countries develop their counter‐terrorism strategy that comprises different approaches, including using the criminal justice system. The criminal justice response to terrorism covers special legislation, strategies, policies, investigation, prosecution, and sentencing. To combat terrorism and improve the criminal justice system in response to existing threats of terrorism, KRI legislated a special anti‐terrorism law. This paper investigates the trajectory of international and national terrorism law in the Kurdistan Region of Iraq (KRI). Accordingly, this research was set to examine international and national terrorism law critically. The focus is placed on the Anti‐terrorism Act No. 3 of 2006, emphasizing the principle of legality. As such, this paper adopted the doctrinal legal methodology that utilized qualitative techniques in analyzing the secondary data. The gathered information and data were then analyzed thematically. Based on the legal analysis, this study found that local circumstances and international pressure influence the trajectory of the counter‐terrorism laws in KRI. The absence of uniformity in the definition indicates the complexity of conceptualizing the phenomenon. The KRI anti‐terrorism law did not define international terrorism and may affect the principle of legality in counter‐terrorism strategy. Consequently, the study will benefit law, security, and international relations researchers. It serves as a basis for future empirical research examining the effects of anti‐terrorism laws in KRI or other jurisdictions.

A review of arguments for raising the age of criminal responsibility

ABSTRACT This paper explores the policy debate in Queensland on raising the minimum age of criminal responsibility (MACR). The age currently remains at 10, despite reform in other Australian jurisdictions and recommendations to the contrary in a 2018 report from a highly regarded former Police Commissioner. In 2021, a parliamentary committee reviewed a private member’s Bill on the MACR and received 74 public submissions from over 300 individuals, all supporting raising the age. Despite this, the Bill was defeated. This paper reports on a content analysis and reflexive thematic analysis of those submissions to understand (a) the views of a broad range of Queensland organisations and individuals about the MACR and (b) their rationales for supporting raising the age. We found 13 such rationales, with a particular focus on the need for more extensive, appropriate and better integrated services for vulnerable children rather than punitive criminal justice responses, and a concern for worsening impacts on First Nations young people. These findings illustrate community support for both raising the MACR and adopting more evidence-based approaches to youth justice, accompanied by improved approaches to service support. We also briefly consider the counter-arguments against raising the MACR advanced in the Committee’s report.

Legal Strategies and Transnational Cooperation in Countering Terrorism:A Case Study of Uganda's Framework

Terrorism remains a global threat, with terrorists operating across borders and targeting innocent civilians. While criminal law traditionally operates within national boundaries, the challenge of terrorism necessitates a reevaluation of legal frameworks to effectively combat this phenomenon. This article explores the legal framework for countering terrorism in Uganda, emphasizing the need for enhanced national and regional cooperation to strengthen criminal justice structures. It examines international and regional human rights instruments, victim rights, criminal justice responses to terrorism, and the role of international cooperation in combating this transnational threat. Additionally, it discusses the adoption of administrative measures within a rule of law framework to prevent individuals from engaging in terrorist activities. The study underscores the importance of addressing terrorism through both legal and operational means to ensure the safety and security of citizens. Keywords: Counterterrorism, Legal framework, Terrorism, Terrorist-attacks, Victims of terrorism.

Gender-Based Violence and Carceral Feminism in Australia: Towards Decarceral Approaches

This article explores the limitations of criminal legal responses to gender-based violence in Australia, specifically sexual assault law reforms and the criminalisation of coercive control. We demonstrate that carceral horizons deployed to address gender-based violence cause further harm to survivors and overshadow diverse perceptions and practices of justice. We suggest that such an approach is inappropriate and dangerous in the Australian context, given the historical and enduring harms of colonisation and the extent to which the actors within and the structure of the criminal legal system perpetrate violence towards Indigenous survivors of gender-based violence. Drawing on insights from research on survivors’ justice needs, survivors’ experiences in the criminal legal system, and abolitionist, transformative, and Indigenous scholarship, we discuss the potential for alternative ways of conceptualising justice responses in the Australian context that move beyond and avoid further perpetuating the harms arising from criminal legal responses to gender-based violence.

Leveraging video evidence in domestic violence misdemeanour cases: Examination of case dispositions and case length

Abstract Law enforcement has used video recording devices (e.g. dash camera, body-worn camera) for more than 40 years, with body-worn cameras emerging in 2005 as a policing tool. However, little is known regarding how video evidence is leveraged in case decision-making and outcomes for domestic violence. Law enforcement may use cameras to enhance evidence collection in domestic violence cases, take statements from victims, witnesses, and offenders, record injuries and damages, and document the administration of risk/injury assessments. Preliminary research has indicated video evidence may have strong evidentiary value in domestic violence cases, however, has rarely controlled for other contributing factors. This study furthers our knowledge by examining how video evidence taken by law enforcement impacts case outcomes and length of time to disposition in a sample of closed, misdemeanour domestic violence cases within a large county in a southwestern state. A random sample of cases (n = 612) with and without video evidence were examined for differences in case disposition and case length. Additional evidentiary factors and case characteristics are considered such as prior criminal charges, victim–offender relationship, presence of non-video evidence, presence of witnesses, and gender of offender. Analyses indicate significant differences, such that cases with video evidence are associated with increased guilty pleas, increased convictions, and less time to closure/final case disposition. Findings have implications for the use of video evidence in strengthening the criminal justice response to domestic violence incidents in combination with other case factors.

Restorative Justice Responses to Sexual Violence: Perspectives and Experiences of Participating Persons Responsible and Persons Harmed

ABSTRACT The failings of mainstream Western criminal justice systems in dealing with sexual violence cases, including the potential revictimization and retraumatization, are well established. Accordingly, demand has grown for alternative justice mechanisms. Project Restore NZ is funded by the New Zealand government to facilitate specialist restorative justice processes for sexual violence cases in Aotearoa New Zealand. Referrals come both from the community and from the New Zealand criminal justice system. This research investigated the experiences and perspectives of both persons harmed and persons responsible who undertook a restorative justice process through Project Restore. A survey was made available to participants between 2016 and 2019 and was completed by 37 persons harmed and 28 persons responsible. Comprising both multi-choice quantitative and open-ended qualitative questions, the survey explored the preparatory stage, motivations, and outcomes of the restorative justice process, as well as the emotional and practical experiences of the process itself. Although there is some variation in responses, the findings indicate that a majority of both persons harmed and persons responsible generally had positive perspectives on and experiences of the restorative justice processes offered by Project Restore.

Criminal Justice Responses to Sex Trafficking in West Bengal, India: A Representative Study from Victims’ Lenses

Known to be the oldest crime on earth, human trafficking has existed as an illegal industry from time immemorial. Statistics reveal that every year, 1–2 million men, women and children are trafficked worldwide, and about 0.22 million (225,000) are from South Asia. Amongst the South-Asian countries, India faces a high-ceilinged rate of sex trafficking and although it made its anti-trafficking interventions quite early, with the inclusion of anti-trafficking provisions in its domestic legislation and signed the United Nations Protocol, yet, the problem persisted and assumed alarming proportions. The principal argument that has been offered for the inept human trafficking responses in India is that the different facets of prevention, protection and prosecution centred on the human rights priorities of the victims are not adequately met. The present article is based on an empirical study conducted by the authors to understand the underpinnings of the working of the Indian criminal justice system (CJS) from the lens of victim’s experiences in West Bengal, India. West Bengal is one of the states located in the eastern part of the country, which shares its borders with Bangladesh and Nepal, and acts as an epicentre of sex trafficking in India. To determine whether the anti-trafficking interventions in India, which are largely based on the rhetoric of raid-to-rescue, are attuned to the specific needs of the sex trafficked survivors; the authors attempted to assess their encounters with and confidence in the CJS. They used cross-sectional surveys to collect qualitative data from 40 victims ( n = 40) across three after-care facilities in West Bengal, namely, Sanlaap, International Justice Mission and Mahima. The purpose of using this phenomenological study was to describe the phenomenon as participant-respondents experience them. In conclusion, the authors pinpointed the necessary interventions required at the legal and procedural levels to make the ICJS more responsive towards the needs of the sex-trafficked victims.

Policing domestic abuse: the onus on first responders

ABSTRACT The police first responder has a central role in the multi-agency response to domestic abuse in most jurisdictions and is uniquely placed to solicit information from the victim-survivor about the experiences and behaviours they have witnessed first-hand. The College of Policing advises that first response officers have a dual role when attending domestic callouts: to recognise signs of abuse and prevent offences from occurring, and identify criminal offences so that offenders can be brought to justice. The frontline encounter by police is a pivotal moment for myriad reasons. Sharing results and reflections from our experiences of evaluating a number of innovative approaches to the policing of domestic abuse in the UK context, we illustrate the onus placed on the police first responder. In the effort to improve the overall criminal justice response to domestic abuse, we argue that a greater appreciation of this onus is needed amongst all criminal justice and multi-agency practitioners. Furthermore, we argue that greater support for police first responders is needed to improve outcomes for all following this encounter.

ASEAN cooperation to combat transnational crime: progress, perils, and prospects

The Association of Southeast Asian Nations (ASEAN) has grappled with the persistent threat of transnational crime (TC) in Southeast Asia since its establishment in 1967. The rising tide of globalization and technological advancement has only exacerbated the problem, leading to the evolution and organization of various criminal activities. As ASEAN faces a multitude of non-traditional security challenges that transcend national borders, including climate change, infectious diseases, and resource scarcity, TC remains a critical concern that could jeopardize regional stability and security. This article undertakes an extensive analysis of ASEAN's endeavors to combat TC. It delves into key documents outlining ASEAN's commitment, highlights the significant achievements, and identifies the challenges facing the region. The qualitative study evaluates the effectiveness of ASEAN's response to TC within its cooperative framework and core principles. Through content analysis, it draws insights from ASEAN's official documents, as well as reports from Interpol and the United Nations Office on Drugs and Crime, to understand the regional efforts in countering TC. The research reveals a range of collaborative efforts initiated by ASEAN to tackle TC. By focusing on examples of successful operations, such as Operation Maharlika III against human trafficking and Operation HAECHI-I targeting cybercrime, the study underscores the vital role of cross-border cooperation. However, the analysis highlights the challenges posed by the complex nature of TC and the varying capabilities of ASEAN member states. It underscores the importance of regional cooperation and external partnerships to address the evolving threats of TC effectively. In essence, ASEAN's commitment to combating TC is evident through the adoption of strategic documents, joint operations, and capacity-building initiatives. Nevertheless, the evolving nature of TC and its diverse manifestations pose ongoing challenges. A balanced approach in addressing TC is needed that encompasses not only securitization but also a criminal justice response.