Justice System Research Articles

An educational intervention study on mandatory reporting of intimate partner violence: changes in knowledge and attitudes among healthcare providers

BackgroundIntimate partner violence (IPV) is a major public health concern. Healthcare providers can play a crucial role in reporting cases of IPV or suspected IPV injuries to the police or the criminal justice system, commonly referred to as mandatory reporting. However, mandatory reporting of intimate partner violence (MR-IPV) is a debated topic that can pose complex challenges for healthcare providers. This underscores the importance of training programs to ensure that healthcare providers can fulfill their MR-IPV obligations.MethodsWe developed an educational intervention on MR-IPV and assessed its impact on healthcare providers’ knowledge and attitudes. The study used a pre- and post-test design with three measurement points: baseline (T0), immediately after the intervention (T1), and six months later (T2). The intervention was conducted at a university college in Norway, with data collected between October 2022 and May 2023. The intervention was delivered to 37 healthcare providers who were currently part-time students in mental healthcare. Changes in knowledge and attitudes between T0 and T1, and T0 and T2 were analyzed through nonparametric tests on related samples using the Marginal homogeneity (Stuart–Maxwell) test. Risk differences (RD), along with their corresponding 95% confidence intervals (CI), were calculated for selected categories.ResultsThe number of participants knowing the MR law increased from 2.9% at baseline to 62.9% at T1 (RD = 0.60, 95% CI: 0.41—0.79) and to 31.4% at T2 (RD = 0.29, 95% CI: 0.11–0.46). The number of participants reporting knowing relevant criteria increased from 0.0% at baseline to 68.6% at T1 (RD = 0.69, 95% CI: 0.50–0.87) and to 34.3% at T2 (RD = 0.34, 95% CI: 0.16—0.53). We observed several persistent changes in healthcare providers' attitudes towards MR, including finding MR to be a useful instrument and generally complying with MR requirements.ConclusionsThe findings suggest that this educational intervention can have a positive impact on healthcare providers' attitudes and compliance with MR-IPV. Before the intervention, few participants reported knowing the MR law and its application criteria, demonstrating the importance of continuous learning and evidence-based training programs.

Legal Review of the Implementation of Restorative Justice in Criminal Acts of Assault and Banging in the South Jakarta Police Area

A criminal act is an act of a person of his own will or of another person carried out by him and the behavior is an act that is prohibited and at the same time gives rise to a criminal responsibility by the perpetrator of the act and the act itself. Every act of criminal abuse and assault results in physical, psychological, sexual and/or neglectful misery or suffering, including threats to commit acts. coercion or deprivation of liberty in an unlawful manner is a criminal act of abuse and assault. A person who commits a crime of allowing, committing, ordering to do, participating in committing violence against criminal acts of abuse and assault must still be responsible because a person cannot be held responsible and sentenced to a criminal offense if he does not commit a criminal act. To be further examined how the regulation of criminal acts of abuse and assault allows, orders to do or participates in committing violence, then based on Indonesian criminal law and how the criminal responsibility of children who commit the crime of allowing, ordering to do or participating in committing violence against criminal acts of abuse and assault. The research method used in this study is the normative legal research method, from the results of the study it was found that the regulation of criminal acts of children who allow, order or participate in committing violence, criminal acts of abuse and mob violence in Article 76C in conjunction with Article 80 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and criminal responsibility of children who commit criminal acts of allowing, ordering or participating in committing violence against children to death by serving a maximum of half of the maximum prison sentence for adults as regulated in Paul 81 paragraph (2) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Clarifying the meaning of acts of violence in the KUI IP. Legislation, Government Regulations, Permenkumham and the Government must form legislation, government regulations, Permenkumham that are even stricter in providing sanctions for perpetrators of criminal acts of abuse and mob violence

FACTORS THAT CONTRIBUTE TO REPORT WRITING PROFICIENCY IN AMERICAN LAW ENFORCEMENT: A THEMATIC LITERATURE REVIEW

Purpose: This thematic literature review explores the critical role of competent writing skills in law enforcement, examining its impact on career progression, agency reputation, and legal proceedings. The purpose is to synthesize existing literature to identify research gaps and suggest directions for future studies. Methods: Google Scholar, ERIC, and the Jerry Falwell Library searches were conducted to capture a broad range of studies involving police report writing, its impact on officers, law enforcement agencies, and the criminal justice system, and writing improvement strategies. Although not required for this review, the work followed PRISMA-ScR guidelines. Results: The initial search yielded numerous qualitative and quantitative studies. This review categorizes the findings into themes of the importance of writing proficiency, the influence of organizational culture, training and education, and technological integration, highlighting the variability and scope of the existing literature. Conclusions: The review shows the need for well-structured research to substantiate the factors contributing to effective law enforcement report writing. It recommends areas for in-depth exploration in future systematic reviews or primary studies, especially longitudinal studies on the effects of targeted training programs, organizational culture shifts, and technological integration on writing proficiency. Application in Law Enforcement: For trainers and instructors, integrating comprehensive report writing programs into training for law enforcement officers can enhance professional skills and accountability. Effective report writing improves documentation accuracy, supports legal proceedings, and enhances career progression. Incorporating targeted report writing training can holistically enhance the performance and professionalism of law enforcement officers.

¿Es un tribunal de cuentas el cambio real que requiere el control fiscal colombiano?

This article analyzes the parliamentary proposal to reform fiscal control through the implementation of a new model: the court of accounts, highlighting the advantages and disadvantages. To this end, it is proposed to differentiate between a jurisdictional court of accounts, an administrative body of fiscal responsibility and a judicial co urt of fiscal responsibility. In addition, the question will be addressed as to whether this new model would be the only one to intervene in the public sphere as an auditing and/or adjudicating entity, or whether it would coexist with the Contraloría General, the territorial comptrollers and the Auditoría General, who would continue to carry out the investigations on the auditing component of accounts review and fiscal oversight. Or, on the contrary, it would be the same court that would carry out such basic action to prescribe the fiscal responsibility in trial. Although the mere existence of a court with powers of “jurisdictional administrative fiscal responsibility control” does not in itself guarantee an effective administration of justice, the creation of a body with an adversarial structure, where one party accuses and the other defends itself, could strengthen the fiscal justice system. In this scenario, an impartial and objective third party, such as a court, could play a fundamental role in resolving conflicts and ensuring a fairer and more efficient tax control.

Punishment for Perpetrators with Special Needs (Disability) in the Current Criminal Process

General background of this research emphasizes the state's vital role in ensuring the rights of persons with disabilities within the legal framework, particularly in criminal proceedings. The specific background highlights the challenges these individuals face in the justice system, often encountering biases that hinder their access to justice. The knowledge gap identified indicates a lack of comprehensive research on the legal treatment and punishment of offenders with disabilities in Indonesia, especially under the new Criminal Code. This research aims to analyze punishment implementation for such offenders and the collaboration between judges and psychiatrists for fair legal processes. The results reveal that a normative descriptive method, incorporating expert assessments and judicial discretion, is crucial for adjudicating these cases. The novelty lies in proposing a collaborative approach that encourages judges to consider legal principles alongside individual circumstances. The implications advocate for systemic reforms to enhance protections and treatment of persons with disabilities in the criminal justice system, ensuring equitable rights and justice for all citizens. This study contributes to the dialogue on legal reform and social justice, urging policymakers to foster an inclusive legal environment. Highlights: Emphasizes the importance of integrating expert assessments in legal proceedings for offenders with disabilities. Advocates for a collaborative approach between judges and psychiatrists to ensure fair treatment. Highlights the need for systemic reforms to protect the rights of persons with disabilities in the justice system. Keywords: Disability, Punishment, Legal Reform, Equality, Criminal Offenders

The Use of Narrative in the Criminal Justice Classroom: Book Club as a Teaching Tool

This paper explores the use of crime narratives through book clubs in criminal justice education. While true crime media has gained popularity, it often presents a skewed view of criminal justice realities. In contrast, carefully selected narratives in educational settings can promote significant learning experiences, as outlined in Fink’s taxonomy. These narratives can help humanize justice-involved individuals, challenge stereotypes, and provide a more balanced understanding of the criminal justice system. The growing field of narrative criminology further supports the use of stories to examine social hierarchies and inequalities within the justice system. Book clubs, when integrated effectively into coursework, have shown promise in increasing student engagement and building relationships.

Examining the Effect of Disorders upon Impulsive Behavior in Criminal Actions and its Legal Implications in Emergency Department: Systematic Review

Abstract: Background: There are significant concerns regarding the relationship between mental health and criminal culpability since impulse control problems have long been linked to the genesis of criminal behaviour. In trying to clarify the complex legal ramifications that result from this link, this study explores the close link between diseases that inhibit impulse control and their possible role in criminal behaviour in patients coming to the emergency department. Aim: This research aims to explore how impulse control disorders contribute to criminal actions, emphasizing significant correlations and calling for transformative changes in emergency help for psychiatric patients and in the criminal justice system. Methodology: This study utilized Bullion Words for a literature review, identifying 24,400 hits, and narrowing down to 24 papers after rigorous selection. The systematic review explores the interplay between impulse control disorders and criminal actions, emphasizing legal implications. Ethical considerations ensure confidentiality. The study concludes with key findings, relationship insights, legal discussions, and future research suggestions. Result: This systematic review reveals a nuanced understanding of how impulse control disorders contribute to criminal actions. Identifying specific disorders like kleptomania and intermittent explosive disorder emphasizes the complex interplay of genetic, environmental, and psychological factors. The legal implications highlight the need for a paradigm shift in the criminal justice system, advocating tailored interventions and rehabilitation strategies, and offering a novel perspective for future legal frameworks. Conclusion: This systematic review provides a comprehensive overview of the complex interconnection between impulse control disorders and criminal actions. The findings underscore the importance of recognizing these disorders in legal contexts and advocate for a nuanced approach to sentencing and treatment. Future research should focus on refining diagnostic criteria, exploring intervention strategies, and elucidating the long-term impact of impulse control disorders on legal outcomes. Overall, this review contributes to a more informed understanding of the legal implications surrounding impulse control disorders and criminal actions.

An Exploration of Human and Social Capital Factors of Desistance for Female Offenders in Singapore

This study applies qualitative methods to understand factors that are relevant for desistance in women. The narratives of 12 women living in Singapore and in the community for the past five years were studied to uncover pathways to desistance. Using the concepts of Human and Social Capital adapted from the Good Lives Model, we found that the majority of women in this sample indicated values and internal capacities, self-efficacy, identity and connectedness to their religion as crucial to their continued stay in the community; congruent with the literature in North American studies. Additionally, all women mentioned their social capital as an important factor for recovery, indicating factors such as positive relationships and external support from stakeholders. Overall, this study illuminated several pathways that offer a deeper understanding of desistance for women exiting the criminal justice system.

Bishops, Canon Law and Governance in Tenth-Century England: the Constitutiones of Oda of Canterbury

This article challenges the view that canon law was insignificant in the development of tenth-century English administrative and judicial institutions through a new study of Oda of Canterbury's Constitutiones, an important but neglected episcopal capitulary. Particular attention is paid to Oda's sources, the text's place in the legislative programme of King Edmund and the influence of wider European approaches to episcopal justice. The article shows that Oda's statutes endorsed an emerging system of collaborative justice between secular and ecclesiastical elites, thus demonstrating that tenth-century English governance was informed by a wider range of normative legal traditions than usually thought.

Advancing knowledge about criminal justice and mental health

Advancing knowledge about criminal justice and mental health Researchers with expertise in criminal law, philosophy, psychiatry and psychology are combining their knowledge to explore how mental disorders are approached within criminal law and contribute to better legal and forensic practices. Current criminal justice systems are based on the premise that human beings are responsible agents that can be held accountable for their actions. However, most criminal justice systems have legal doctrines recognising that there are exceptions when an individual should not be considered criminally accountable. A ubiquitous practice is that children under the minimum age of criminal responsibility are not subject to punishment. Similarly, most countries limit criminal responsibility for offenders with mental disorders and disabilities. However, the question of who should be held criminally accountable and who should not is highly controversial, and a subject of debate. The same applies to what role psychological and psychiatric experts should have in criminal proceedings.

Exploring Children’s Journeys into the Youth Justice System from Multiple Perspectives: An Interpretative Phenomenological Analysis

In order to contribute to research into youth crime prevention, the current study aimed to explore the experiences of children in conflict with the law prior to receiving their first caution or conviction. Participants were recruited at a Youth Justice Service and included five children working with the service, their five case managers, and two of their parents/guardians. Data was collected using semi-structured interviews and timelines were used to support the children in sharing their experiences. Data was analysed using Interpretative Phenomenological Analysis, which focuses on understanding how individuals experience the world and how they make sense of those experiences. Six group experiential themes were identified within the analysis. These consider the events leading up to offending and whether it could have been predicted, the extent to which the children felt supported, the effect of school practices, the impact of peer influences, difficulties with managing emotions, and the children’s readiness for change. Each theme is discussed and recommendations for practice and future research are considered. The importance of placing children’s experiences at the forefront of research is highlighted throughout.

Women’s challenges and gender inequality implications in the UK Home Office’s streamlined asylum process

This conceptual article scrutinises the challenges faced by women seeking asylum in the UK, focusing on the impact of the Home Office’s streamlined asylum process. Despite mention of gender-based issues in official guidelines, the system exhibits hostility and inadequacy in addressing the unique obstacles women encounter. Through a posthuman, practice-based theoretical framework, the article examines recent gender-based concerns raised about the Home Office’s use of questionnaires, machine translation, and informal linguistic assistance in lieu of interpreted asylum interviews for selected nationalities. It also highlights the implications of technologisation and bureaucratisation on linguistic access, arguing that the revised asylum-seeking process not only reinforces women’s marginalised position but also diminishes crucial resources like interpreting, in turn contributing to gendered power asymmetries between asylum seekers and the justice system. The article contends that this approach transfers the burden of language understanding to women, contributing to a climate of sociomaterial exclusion that curtails the rights of female asylum seekers to be adequately heard.

Interventionitis in the criminal justice system: three English case reports

Interventionitis in the criminal justice system: three English case reports

The The Principles and Implemetation of Case Settlement Through Aceh Customary Courts Process

Aceh customary courts have principles for resolving cases in reducing customary civil and criminal cases that occur in society, especially disputes that are not included in the formal justice system. This research aims to examine the principles underlying the resolution of cases through customary courts in Aceh, as well as how these principles are applied in the practice of resolving customary cases. By using a normative legal method, the resolution of customary cases in Aceh has its own principles that reflect the characteristics of customary law lives in Acehnese community (ureung Aceh). The principles of resolving cases through Aceh customary justice are principle of peace, justice, musyawarah and mufakat (mediation and negotiation), sincerity and willingness, fast, easy and cheap, openness, kinship, equality before the law, and guidance. The application of the principles of case resolution in the Acehnese customary justice process is a necessity. Acehnese community want cases to be resolved peacefully because this method has been a tradition passed down from generation to generation. The term for peaceful resolution of cases called suloh. Customary law does not distinguish between acts that are violations of civil law and violations of criminal law so that civil cases and criminal cases are decided simultaneously in a trial that is not separate. The use of the principle of musyawarah and mufakat in the implementation of customary justice has a very important role and determine whether or not the trial can be held.

Impacts of Gender Disparity and Socio-Educational Structure on Legal Awareness of Women Inmates: A Case Study of Prisons in Sindh, Pakistan

The study is an endeavor to undertake an in-depth analysis of the prevailing injustices faced by women inmates incarcerated in one of the merged prisons(merger of 2 districts)of Sindh Province Pakistan. It aims to explore how social norms, education system, and gender discrimination, collectively influence the women inmates' legal awareness and struggles for availing their legal rights and equitable treatment. By employing a mixed-method research design, including in-depth interviews with women inmates, questionnaires, and an interview guide with open-ended questions, the study uncovered the multifaceted barriers they encounter. The study also advocates fostering a more inclusive and gender-responsive criminal justice system and concludes that the intersectional nature of these challenges impacts legal awareness of women inmates and also has some significant implications for stakeholders and reformists in the context of entertaining the female inmates without gender discrimination as ensuring Article-4 of the 1973 constitution of the Islamic Republic of Pakistan.

The Regulatory Offence Revolution in Criminal Justice: The Choice Architecture of Regulatory Offences

Courts, scholars, and lawyers tend to overlook one of the most salient features that differentiate crimes and regulatory offences: choice architecture. The concept of “choice architecture” refers to how the presentation of options shapes decision-making. This article argues that crimes and regulatory offences employ different forms of choice architecture in the criminal justice process. It advances three core arguments. First, in the charging and plea phase, regulatory prosecutions nudge defendants to plead guilty by default, while criminal prosecutions automatically enrol defendants into non-guilty pleas. Second, when assessing culpability (or moral fault), regulatory prosecutions incorporate inculpatory default rules that presume guilt and foster efficiency. In contrast, criminal prosecutions incorporate exculpatory default rules that presume innocence and aim to prevent wrongful convictions. Third, in the context of sentencing, impecunious defendants who are charged with a regulatory offence must often opt in to receive a proportionate sanction. Outside of mandatory minimum sentencing contexts, defendants who are charged with a crime enrol into a sentencing scheme that considers proportionality constraints by default. Ultimately, this article deepens our understanding of the different choice architecture that governs crimes and regulatory offences, and lays the foundation for future scholarship that explores the criminal justice system’s choice architecture more generally.

#WhyIDidntReport: Exploring victim accounts of non-reporting

Following the controversy surrounding the 2018 appointment of Brett Kavanaugh to the United States Supreme Court, hundreds of thousands of victim/survivors of sexual violence took to social media to share their reasons for not reporting their experiences to the police. A sample of these tweets was collected and thematically analysed to identify the main reasons cited for the decision to not report. Results suggest that the decision to report is complex and influenced by multiple factors both within and beyond the criminal justice system including a vulnerable victim, varied types of fear, shame and blame. These findings are discussed in light of the existing literature on rape myths and the ideal victim.

Signifiers of desistance from a positive criminology perspective: The case of responsibility taking in restorative proceedings

Restorative Justice is a framework of mutual dialogue that offers people involved in wrongdoings, a more profound understanding of the harms experienced by the victims of the offense. It does this by applying the notions of responsibility taking and accountability differently from the traditional retributive criminal justice systems: instead of passively enduring a punishment, the prepetrator proactively seeks to remediate the harm caused. The aim of this study, the first of its kind in Israel, was to examine the subjective perceptions of graduates of the Geffen Victim-Offender Mediation Program, operated by the Adult Probation Service in Israel, of their past offenses. Through narrative analysis of the personal accounts of people who offended and took part in Restorative Justice dialogue proceedings, we found that they acknowledged and took responsibility for their transgressions and their manifold consequences—coupled with remorse, shame, and a desire to make amends. Participants also noted the positive attitude of the probation officers who helped them in the process. The article discusses these findings from the perspective of positive criminology and desistance theory.

Sport, criminal justice interventions and possible future selves: Towards a research agenda

There is growing evidence surrounding the instrumental role of sport and physical activity as a tool to address issues within criminal justice systems and act as a mechanism to engage, educate and develop individuals both in community and correctional settings. This article outlines how sport-based interventions might serve to support the individual aspirations and imagined ‘future selves’ of their participants. Utilising the seminal work of Markus and Nurius, we consider the barriers that may impede the development of an idealised future self for people involved in, or on the margins of, crime. Considering these barriers, the article examines the concept of ‘liminality’, outlining the challenges evident when reconstructing personal identity as the individual transitions ‘betwixt and between’ former and imagined lives. Finally, the article presents evidence which advocates for mentoring within sport-based interventions to facilitate the construction of possible selves, before concluding with suggestions for future research in this area.

Mediating Disputes in the Barangays: The Work World of Lupon Chiefs

Conflicts are resolved when destructive behavior is reduced, and hostile attitudes are reduced. Accordingly, dispute management can be directed towards dispute resolution. Disputes among communities are necessarily part of human conditions. The court's role was to settle disputes concerning the two opposing parties' rights and interests, suitability, and judgment. However, in most countries worldwide, the court system has become overpopulated in the twentieth century, especially in civil litigation or civil law issues. This correctional system occurs within a setting known as the barangay justice system. It reflects a formal recognition of historical dispute resolution and socialization practices. In the Philippines, minor disputes and criminal offenses are required to be "amicably settled" by the barangay leader or captain without the presence of lawyers (Metillo et al., 2022). This study explored the experiences of the Chiefs of Lupong Tagapamayapa in barangay justice administration in the coastal areas of Northern Iloilo, Philippines, through a qualitative research method. The informants of this study were the selected ten (10) chiefs of the Lupong Tagapamayapa. All participants were subjected to an individual in-depth interview. The findings of this study are described in emergent themes. Six (6) emergent themes described the positive and negative experiences of the participants in barangay justice administration. For the positive experiences, three (3) emergent themes were developed, namely Personal Satisfaction from Resolving Conflicts, Influence on Community Peace, and Resolution and Avoidance of Legal Proceedings. For the negative experiences, three (3) emergent themes were also developed, to wit: Frustration with Unresolved Conflicts, Legal Impediments and Personal Limitations, and Non-compliance and Lack of Cooperation. Meanwhile, three (3) emergent themes were formulated to explain how the participants address the challenges encountered by the informants in the administration of the barangay justice, namely: Further Assessment and Understanding of Issues, Seeking Legal Guidance with the Higher Authorities, and Psychological Strategies and Personal Involvement. Finally, three (3) emergent themes were created to express the aspirations of the participants to enhance the quality of services they provided in the barangay justice system, to wit: Continuous Learning and Personal Development, Embodying Integrity and Leading by Example, and Provision of Compensation and Incentives. Based on the emergent themes identified, it is recommended that the Katarungang Pambarangay system be rendered more effective, equitable, and efficient by implementing the requisite training and development programs for its chiefs and members.