Justice System Research Articles

Preventing Miscarriage of Justice Using Artificial Intelligence in Pakistan

A miscarriage of justice is considered a situation when an incorrect decision has been made in a trial, and a guilty person is sentenced and punished. This is a very common problem in the criminal justice system of Pakistan, which has not been rectified for a very long time. In spite of measures being taken in the quest to eliminate such occurrences, miscarriages of justice are apparent for various causes, including wrong eyewitness identification, tainted confessions and inadequate counsel. The failure of justice is a denial of rights as well as the offenders to justice compartments the system's credibility. In recent years, with the aid of stiff progress in artificial intelligence (AI), it seems probable that miscarriages of justice can be reduced by accurately and efficiently facilitating criminal justice. Hence, this research adopts a doctrinal method to analyze the factual position of the miscarriage of justice system in Pakistan. This work will be very useful in dealing with the problem of miscarriage of justice in Pakistan. Therefore, it can be claimed that by defining the causal factors of wrongful convictions and providing specific recommendations, this study may help build a more efficient and just criminal justice system in Pakistan.

Structural injustice, marginality, and neurolaw: a normative comparative and theoretical approach.

In this paper, we introduce a perspective based on a comparative viewpoint on the Colombian Penal Code and a theoretical approach to neurolaw and criminal responsibility in contexts of marginality and extreme poverty. We present a further response to the debate on how structural injustice impacts criminal responsibility. By offering a comparative and theoretical insight, this paper enriches the debate and provides an understanding of how legal systems might address these issues. The paper then suggests that other legislations can follow the rule of Article 56 of the Colombian Penal Code, which reduces punishment in circumstances of marginality, ignorance, or extreme poverty. Utilizing neuroscience findings, we briefly highlight the interplay between structural injustice and neurobiological vulnerabilities, emphasizing the complexity of the role of incarceration and criminal law in marginalized populations. We invite scholars to consider debates on alternatives to criminal law, the reduction of prison use and mass incarceration, as well as further remarks on the problem of free will. In this paper, we seek to bridge the gap between neuroscientific insights and socio-legal ethics to foster a more equitable and humane system of justice.

The Intersection of Neuroscience and Criminology: Role of Brain Mapping in Addressing Criminal Behavior by Nepal Police

Neuroscience is being integrated into criminal investigations, offering new opportunities for understanding, predicting, and potentially preventing criminal behavior. In Nepal, brain-mapping techniques like P300 wave tests and Brain Electrical Oscillation Signature profiling were used in a murder investigation in 2024. However, ethical concerns include privacy concerns, false positives, and the potential for false positives. Consent regarding neurobiological evidence in criminal cases is crucial, as intrusive procedures may require individuals to be informed. The legal implications of using neurobiological evidence could be severe if it serves to wrongfully accuse or convict an individual. Therefore, the use of neuroscience in criminology must be carefully balanced to ensure ethical considerations. This viewpoint interprets the potential of neuroscience in criminal investigations, addressing ethical, privacy, consent, and legal issues within the Nepal Police and criminal justice system.

Net-widening, gap-filling, and shortcut justice: The practice of Community Protection Notices to regulate anti-social behaviour

Since being introduced in 2014, Community Protection Notices (CPNs) have changed the anti-social behaviour (ASB) policy landscape in England and Wales. Using Cohen's (1985) net-widening analogy as an analytical framework, we evidence how CPNs are an example of the creeping criminalisation of sub-criminal behaviours from first-wave to second-wave ASB policy. In doing so, we highlight how frontline policing bodies have lowered the behavioural threshold at which ASB enforcement takes place, demonstrate how CPNs are employed to fill gaps to regulate behaviour not traditionally associated with the criminal justice system, and show how CPNs are escalated to a Criminal Behaviour Order in a way that shortcuts due process and results in disproportionate punishment.

Challenges of Leadership in the Implementation of the National Children’s Policy of Ethiopia at Bahir Dar City Administration Women, Children and Social Affairs Department

The purpose of this research was to identify the major challenges of Leadership in the implementation of the national children’s policy of Ethiopia, at Bahir Dar City Administration Women, Children and Social Affairs Department. To identify the major challenges of leadership in the implementation of the policy, constructivist research paradigm, qualitative research approach and phenomenological research design were employed. Interviews and focus group discussions were the basic tools of data collection. Purposive sampling technique and thematic data analysis are employed. The challenges of leadership in the implementation of the national children’s policy in the study area are multi-faceted. But according to the findings of this study, they are grouped into four themes. These are: economic challenges, socio-cultural challenges, lack of awareness and political and legal problems. To overcome the challenges of leadership in the implementation of the policy, the following recommendations were given. These were: providing education and health facilities for children, providing school feeding for children, creating awareness about the rights of children for all stakeholders, increasing the economic level of families, building recreational centers for children, allocating enough financial and human resources for children affairs, increasing children role and participation in decision making processes affecting them, giving due attention for the rights of children by the government and providing effective justice system for children.

U.K. Veterans in Prison: Attitudes Toward Authority, Legitimacy and Compliance With Regime

Despite an increase in academic research over recent years into military veterans in the criminal justice system, little of this has focused on U.K. veterans’ views and attitudes toward authority in prison or how veterans respond to prison regime. This study used semistructured qualitative interviews with 35 ex-military prisoners to explore their views and attitudes toward the authority and legitimacy of the prison and to assess their behavior toward prison regime. It found that participants expressed positive attitudes toward authority and the legitimacy of the prison, reportedly influenced by previous military experiences. This was accompanied by an acceptance of one’s prison sentence and a generally high compliance with prison regime. Findings suggest that research participants’ previous military service may have lasting effects on how they engage with authority within the prison by providing resilience toward the effects of imprisonment. Possible areas of future research are also discussed.

Impact of trauma and placement in residential or congregate care on the criminalisation of children in England/Wales and Australia

Children in residential care have the most complex needs of all children growing up in Out-of-Home care (OOHC), due to complex trauma from pre-care experiences of abuse and neglect, inadequate therapeutic supports while in care and significant placement instability. Some argue that residential care settings are intrinsically criminogenic, as evidenced by significant over-representation of this cohort in youth justice. However, little is known about how children’s experiences of trauma, including removal from family and placement in OOHC, is viewed by lawyers and decision-makers in criminal cases involving children in care. Criminal justice decisions can have long-term ramifications for children in care and custodial sentencing can often be a precursor to ongoing incarceration into adulthood. This qualitative, cross-national study explored the impacts of trauma and placement in residential or congregate care on the criminalisation of children in England/Wales and Australia. In-depth interviews were conducted with 28 legal, youth justice and judicial stakeholders in England, Wales (UK), New South Wales (NSW) and Victoria (Australia). While there are considerable differences in the operation of child protection and youth justice systems between these jurisdictions, thematic analysis using NVivo14 identified. confirmed ongoing systemic factors associated with criminalisation identified in previous literature persists despite attempts to address these through policy and practice reforms. These factors include an absence of therapeutic supports, unstable and unsafe residential care placements, over-reliance on police to respond to minor incidents, increasingly punitive police responses lacking awareness of the impacts of childhood trauma and inappropriate use of custody as an ‘alternative’ placement. These findings suggest the similar systemic processes across these jurisdictions are likely to reflect deeply entrenched ideologies about ‘care’ and ‘protection’ that function to criminalise trauma. The implications of these systemic factors when children are exposed to formal criminal justice decision-making are considered.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

Perlindungan Hukum terhadap Anak Korban Eksploitasi Secara Seksual dalam Perspektif Peraturan Perundang-Undangan di Indonesia

The problem of sexual exploitation of children is not just a medical issue, but also involves many aspects, including religion, psychology and law. For this reason, this research was carried out with the aim of knowing and analyzing the regulations for legal protection for child victims of sexual exploitation and policy formulation for legal protection for child victims of sexual exploitation in the future. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. Analysis of legal materials is carried out by interpreting, evaluating and assessing all statutory regulations and relevant legal materials. The results show that the regulation of legal protection for child victims of sexual exploitation is not clearly regulated either in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System and policies for formulating legal protection for child victims of sexual exploitation in the future, namely the need to reform the criminal law regarding provisions that prohibit these acts, both in the draft Criminal Code in the future and the revision of Law Number 13 of 2006, Law Number 23 of 2002 and Law Number 11 of 2012.

Recommendations from the ABA Commission on Youth at Risk Convening – “Renewal and Revolution: Recommitting the Legal Profession to Serve Children and Youth, their Families, and Communities”

AbstractYouth and families impacted by legal systems now resoundingly attest to the systems' lasting harm, echoed by interdisciplinary research. Lawyering thus requires a vastly renewed outlook, boldness, and honest inquiry about the limits of what the law and public systems can (and should) attempt as purported problem‐solving amidst broader socioeconomic forces and injustice. This report synthesizes recommendations from a groundswell of diverse, dedicated voices following an October 2023 convening hosted by the American Bar Association Commission on Youth at Risk, the ABA Center on Children and the Law, and Hofstra University's Maurice A. Deane School of Law. Entitled “Renewal and Revolution: Recommitting the Legal Profession to Serving Children and Youth, Their Families, and Communities,” the convening engaged various professionals—many with firsthand experience in foster and justice systems— and other advocates. Since the 2006 ABA Youth At Risk Initiative Planning Conference, the ABA Commission on Youth At Risk has elevated the representation and voice of youth through ethical practice standards, expanded access, and national initiatives. This report recounts findings of the 2023 convening's four working groups which met for two‐days of (often tense) discussions to chart a path for the legal profession, law, and policy for the next decade and beyond. Priorities include: transcending conceptions of youth “at risk” towards recognition of harms done, a strengths‐based lens, and lived experience leadership and expertise; cultivating next generation attorneys; prioritizing early family defense and diversion; divesting from systems and re‐investing directly with youth and families; and further eliminating racial disparities.

Statistical analysis plan for the SOLUTIONS randomised controlled trial with internal pilot: Solution Focused Brief Therapy (SFBT) in 10–17 year olds presenting at police custody

BackgroundWithin England, children and young people entering police custody are referred to Liaison and Diversion (L&D) teams. These teams liaise with healthcare and other support services aiming to divert children and young people away from the criminal justice system. Although targeted psychological interventions are not typically offered to children and young people by L&D teams, evidence suggests that Solution Focused Brief Therapy (SFBT) leads to a reduction in internalising and externalising behaviour problems.MethodsA two-arm individually randomised controlled trial (RCT) with internal pilot and process evaluation will be conducted with approximately 448 children and young people aged 10–17 years presenting at police custody suites who are referred to the L&D team or recruited via online routes if they have previously presented at any police custody suite in England. The primary outcome is the Self-Report Delinquency Measure (SRDM) at 6 months post-randomisation. Analyses will be performed using intention-to-treat.ResultsThe statistical analysis plan (SAP) for the trial is described. The plan details of analyses to be undertaken which will be reported in the primary and any secondary publications. The plan was developed and published prior to locking our database and unblinding to treatment allocation.DiscussionThis RCT will evaluate the effectiveness of SFBT in reducing offending behaviours in CYP presenting at police custody suites including testing of moderating factors and sensitivity of the primary analyses.Trial registrationClinicalTrials.gov ISRCTN14195235. Registered on June 16, 2023.

Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective

The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, to supplant the Indian Penal Code of 1860, marking a significant reform in India's criminal justice system. This legislation, along with the Bharatiya Nagarik Suraksha Sanhita as well as Bharatiya Sakshya Adhiniyam, took impact on 1st July 2024. The changes signify a departure from colonial legal frameworks, aiming for a system aligned with contemporary rights and inclusivity. While the Chief Justice of India and various legal experts have praised the BNS as a transformative step, it still exhibits notable shortcomings. For instance, it fails to address necrophilia, leaving serious offences unregulated. Moreover, Section 69's treatment of "deceitful means" in sexual relations raises issues regarding consent, particularly in contexts involving job offers or promotions. Section 152, which deals with threats to national sovereignty, could lead to overly broad interpretations that impede free expression. Additionally, Sections 84 and 88 reveal gender biases and outdated perspectives on marital rights and women's reproductive decisions. These challenges highlight the urgent need for further review and reform to ensure BNS fulfils its goal of creating a just and equitable legal system.

Breaking Down the Stigma: A Review of the Literature on the Relationships between Autism Spectrum Disorder and Criminal Behavior.

Background: In recent years, there has been growing interest in the evaluation of autism spectrum disorder (ASD) and autistic traits in prison populations and offenders. Due to misleading headlines and highly publicized criminal cases, the belief that autistic individuals are more prone to commit crimes has spread among the general population, also leading to increasing research on this matter. Aims: In this context, this narrative review aimed to analyze the available scientific literature on the bi-directional link between ASD and criminal behaviors and to assess the key characteristics of eventual ASD offenders, including sociodemographic data, comorbidities, crime-related features, and interactions with the criminal justice system. Results: Our review highlighted that the available studies lack methodological rigor and present controversial results. Overall, the current state of research does not support any definitive correlation between ASD or autistic traits and the predisposition to engage in criminal conduct. Further studies are needed to confirm or reject this hypothesis.

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.

Маркировка вещественных доказательств как элемент обеспечения их технической достоверности

Introduction. The article is devoted to the issue of introducing into criminal justice system the procedure of labelling physical evidence with dynamic QR codes generated in the conditions of seizure of trace information after filling in a digital individual map for each object. Working with the encoded information is suggested to be carried out with appliance of the programme ‘Verification of technical authenticity of physical evidence’ providing access of the user authorised on a permanent or temporary basis to the primary and supplemented information on the labelled physical evidence, formed in handling the object equipped with a QR code. These data include factographic data on territorial-temporal parameters and conditions of seizure of objects, their localisation, information on the persons involved in processing physical evidence, technical and forensic means and methods applied in the process of detection, fixation, seizure, preliminary and expert investigation, accounting and registration activities. The authors emphasise the necessity of creation of systems of automatic identification of physical evidence with appliance of QR codes making it possible to trace the whole life cycle of objects. It is noted that the development and introduction of advanced software into practice can contribute to the creation of a modern system of traceability of handling a labelled object, aimed at preventing illegal activities related to intellectual or material forgery of physical evidence. Methods. The universal dialectical method of scientific research, as well as a set of various methods of general scientific and cognitive orientation, including logical, comparative-legal and other private methods of research are used as a methodological basis of the study. Results. The authors have substantiated the reasonability of introducing into the activity of law enforcement bodies the procedure of labelling each physical evidence, attached to the materials of a criminal case by using dynamic QR codes. This means provides technical reliability of each object, attached to the materials of a criminal case due to full traceability of all manipulations, carried out in processing it when investigating crimes.

Australian criminal justice student’s beliefs about lie detection methods

Criminal justice practitioners’ use of erroneous lie-detection methods contributes to inaccurate convictions and research indicates some Queensland police are using fallible methods. A recent study showed that Queensland universities primarily ignore the topic of lie detection. Thus, criminal justice students entering Queensland universities with fallacious lie detection beliefs are unlikely to have them corrected. It was unknown if Australian criminal justice students hold inaccurate lie detection beliefs. Therefore, this mixed-methods study investigated undergraduate students’ beliefs about lie detection methods, many of whom were enrolled in criminal justice-focused degrees at a Queensland-based university. Sixty undergraduate students responded to open and closed-ended questions regarding their intentions to work in the criminal justice system, their opinion on their lie detection ability, methods used to determine deception, and thoughts about cross-cultural lie detection. The findings revealed a prevalence of false beliefs about cues to deception indicating educational needs for Australian criminal justice-career-focused students.

THE ETHICS OF AI AND AUTOMATED DECISION-MAKING SYSTEMS

As artificial intelligence (AI) and automated decision-making systems become more advanced and prevalent, they raise significant ethical concerns that need to be carefully considered. These technologies have the potential to revolutionize various fields, from healthcare to finance, but they also pose risks if not developed and deployed responsibly. From predictive policing and risk assessment tools in the criminal justice system, to automated resume screening and hiring at companies, to medical diagnostic AI - automated decision systems are shaping profound aspects of our society. Keywords: Ethics of AI,Automated Decision Making System

Exploring Factors Related to the Process of Desistance from Crime: A Qualitative Study of Females in the UK

ABSTRACT Less is known about the process of desistance from crime for females within the criminal justice system. The current study explored the views and experiences in a sample of adult female offenders in the UK. Ten women took part in semi-structured interviews. Data were analyzed using thematic analysis. The following themes were identified: Skills and Attributes; Support; Purpose in Life; Risk Factors; and Consequences. The findings provide support for existing theories of desistance including cognitive transformation theory, social control and identity theory of desistance. The findings add to the growing evidence in the field of desistance from crime in female offenders.

What Happens When Academics Self-Organise?

This reflective piece is based on my attendance at the University of the West Indies and the University of Leicester International Summer School held from the 5th to 10th of June 2023 at the Leicester Institute for Advanced Studies (LIAS), under the theme ‘Crime, (In)Justice, and Human Rights’. My research interest includes women, violence, well-being and the criminal justice system, so I was eager to participate in what was happening. I experienced apprehension and uncertainty because my background is more rooted in practice than academia, so the questions of belonging and ability flooded my mind. However, the week provided the tools I needed to bring confirmation, reassurance, and motivation to continue my journey.

The First Women in Justice of the Republic of Latvia (1918–1940)

Until the founding of the Republic of Latvia, women were practically excluded from law studies and work in the justice system. The territory of Latvia was part of the Russian Empire and thus subject to the 1864 judicial reform and its laws, which required a law degree and experience to be eligible for working in the justice system and prohibited women from these positions. Following the founding of the Republic of Latvia in 1918 and, more specifically, the establishment of the University of Latvia which had a stronger focus on gender equality in 1919, Latvian women finally had the opportunity to earn the necessary degrees and pursue careers in the judiciary. However, to gain the required experience and be admitted to practice in the court, Bar association, or notaria, women initially needed someone to employ them. In this regard, specific well-known men with liberal worldviews played a significant role.