Justice Practices Research Articles

Feeling climate injustice: Affective climate violence, greenhouse gaslighting and the whiteness of climate anxiety

This paper explores the process of feeling climate injustice. It aims to situate climate distress as an issue of justice, in order to generate more politically accountable and empowering responses. It firstly situates climate anxiety, solastalgia and climate disaster trauma as symptoms of affective climate violence, where harm that could have been prevented was instead consciously and systematically exacerbated by fossil fuelled political regimes. It articulates witnessing as a practice of affective climate justice, an approach that would recognise climate distress as violence, and offer support, apology and redress for this violence, including through seeking to prevent future climate change. However, the second section outlines how, in perverse efforts to maintain fossil fuel interests, climate distress is often further amplified through practices of greenhouse gaslighting – denying, deriding and dismissing people's experiences of harm. Greenhouse gaslighting is outlined as a patriarchal practice of emotional abuse that is enabled by and seeks to perpetuate white-colonial-extractivism. Thirdly, the paper argues that even within progressive circles, current efforts to witness climate distress potentially fail to enact affective climate justice due to discourses that centre whiteness and privilege, rather than recognising and responding to the different and unequal forms of affective climate violence experienced by diverse peoples.

An exploratory study on the practice of procedural justice and use of force in police-citizen encounters

An exploratory study on the practice of procedural justice and use of force in police-citizen encounters

Transformative learning at the community-university-land interface: A political ecology of knowledge, education and health

As awareness grows of the catastrophic implications of global environmental change, multiple scholarly fields addressing health-environment relationships have advocated 'transformative' educational strategies. Holistic Indigenous health-environment models inspire and inform many such efforts, but related land-based learning initiatives involving universities are often impeded by the competitive processes of academia. In this article we report on a community-university partnership – Pedagogy for the Anthropocene (P4A) – aimed at developing transformative educational responses to pressing global crises, inspired by land-based approaches. We integrate political ecologies of health, education, and knowledge to understand the troubled production of pedagogical knowledge in P4A, participant experiences in the resulting educational programs and the role of health and bodies in both. We first trace the production of knowledge as shaped by macroscopic and localized institutional forces; organizational and occupational dynamics; interacting knowledges and individuals; and material factors. Next, we explore participant experiences in the resulting educational programming. In both steps, affect-laden bodies of academics, trainees and community members reveal entanglements with human communities and more-than-human elements, shaped in variable ways by institutional forces such as settler colonialism and university neoliberalization. One key finding involves the role of universities in relation to land dispossession at home and abroad; another includes the challenges of pursuing transformational community-university research within contemporary universities. Tracing such entanglements yields implications for future land-based learning efforts in university settings, and broader praxis for environmental justice in the shadow of higher education's complicity with settler colonialism and globally extractive neoliberal capitalism.

For a Justice-to-Come: Milo Rau’s Utopian Realism

One of the most prolific political theatre makers in Europe today, Milo Rau is known for his commitment to a realist art of possibility—a “Möglichkeitsrealismus,” as he defines it, devoted to opening space for envisioning possible alternatives to the status quo. Drawing on Ernst Bloch’s writings on utopia, this article argues for an understanding of Rau’s artistic practice as a kind of “concrete utopianism” that materially engages the world so as to imagine—and enact—new possibilities for improvement and transformation. Via a reading of Rau’s Kongo Tribunal (2015), an attempt is made to show how, by staging the tribunal in the here and now of performance, the artist seeks to disclose the real but not yet realized possibilities available in the present, giving form to an alternative institutionality—and an alternative practice of justice—that is made fully graspable in the imagination and in reality. As a material act of imagining otherwise, the Kongo Tribunal refuses the closure of the present, inviting spectators to step back and recognize the institutionalized forms of law and justice not as fixed but variable—and thus (still) open to change.

Creating a minority threat: Assessing the spillover effect of local immigrant detention on Hispanic arrests

AbstractAmid punitive shifts in crime and immigration control during the 1980s and 1990s, Hispanic individuals comprised a growing share of the population confined in U.S. prisons and jails. Although it is widely acknowledged that the nation's wars on crime and drugs contributed to higher rates of minority arrest, limited empirical research has examined whether the merging of immigration control with criminal justice practice during this period intensified these disparities. This article uses county‐level arrest data from California between 1980 and 2004 to investigate whether intergovernmental service agreements (IGSAs) leasing jail space for immigrant detention increased rates of Hispanic arrest. Employing a quasi‐experimental design that leverages the staggered adoption of IGSAs across counties, this study finds that these agreements increased rates of Hispanic arrest but had no discernible impact on arrest rates for White or Black residents. Supplemental analyses reveal that these increases were driven by misdemeanor arrests and were particularly pronounced in counties where the Hispanic population comprised between 11 and 22 percent. These findings suggest that IGSAs may trigger minority threat concerns that increase arrests, shedding additional light on Hispanic representation in the criminal justice system.

Comparative Study of Restorative Justice Application: Evaluation of the Practise in Indonesia and Scotland

Restorative justice is a growing justice concept being adopted worldwide. The Indonesian National Police and Attorney General have created regulations to ensure legal certainty of its application. However, their implementation has faced a number of impediments. Scotland has been making similar efforts to adopt restorative justice practices. Meanwhile, the implementation of this initiative is supported not just by legislative provisions but also by a thorough action plan. As a result, this study compares Indonesia's progress towards the adoption of restorative justice to Scotland's ongoing efforts in the same arena. This research uses qualitative methodology involving literature review, examination of socio-legal phenomena, and inductive reasoning to draw conclusions. The study's findings show that both Indonesia's police-led conferencing and Scotland's practitioner-led conferencing have advantages and drawbacks. However, Scotland's restorative justice has more involvement in community reconciliation after the conference than Indonesia's pursuit of crime clearance. Furthermore, while both jurisdictions show favourable support in the implementation of restorative justice, Indonesia emphasises macro-level criminal policy and resource conservation, while Scotland emphasises micro-level results like fewer re-offending and victim satisfaction.

Reforming Criminal Justice: Evaluating the Efficacy of Restorative Justice Practices in Reducing Recidivism Rates

Restorative justice practices have gained traction as alternative approaches to traditional punitive measures within criminal justice systems worldwide. This paper seeks to evaluate the efficacy of restorative justice practices in reducing recidivism rates. Through a comprehensive review of existing literature, empirical studies, and case analyses, we examine the impact of restorative justice programs on recidivism outcomes among offenders. By comparing recidivism rates between participants in restorative justice interventions and those subjected to conventional punitive measures, we aim to assess the relative effectiveness of restorative justice in preventing repeat offenses. Furthermore, we explore the underlying mechanisms and processes through which restorative justice principles, such as victim-offender mediation, restitution, and community involvement, contribute to positive outcomes in reducing recidivism. Insights from this evaluation can inform policymakers, practitioners, and stakeholders in the criminal justice system about the potential benefits and challenges of implementing restorative justice approaches as part of broader reform efforts aimed at reducing recidivism and promoting rehabilitation.

Concept of Islamic Law Enforcement In the History and Practice of Islamic Justice

Upholding justice in social life has an important meaning in one of the efforts to build a high and dignified national civilization. Justice is carried out by judicial institutions. The performance of our courts or justice system is far from satisfactory, which results in a sense of comfort and happiness for justice seekers. Court decisions only create decisions that are procedurally fair. Likewise, court decisions seem more likely to favor parties who have money and power. Access to justice that should be equal for all levels of society cannot be achieved, so only elite people can enjoy it. In administering the judicial process, Islamic law aims to enforce law and justice proportionally based on Islamic Sharia. The growth and development of Islamic justice is a product of interactions within the social system, including with existing judicial institutions. Law enforcement in Indonesia does not synergize with each other in realizing justice. This is due to the position and standing of legal institutions where the function of investigation and prosecution is under executive power, while the function of adjudicating and deciding is under the Supreme Court. This causes a tendency to protect the interests of their respective institutions rather than law enforcement efforts in the public interest. The problem formulation in this paper is what is the concept of law enforcement in Islamic law in the practice and history of Islamic justice? The conclusion is:The concept of law enforcement in Islamic law does not differentiate between civil and criminal cases. Law enforcement includes material law and formal law. Material law originates from the Al-Qur'an, As-Sunnah and Fiqh.

Hysterosalpingography Investigation Versus Patients’ Radiation Dose Risk

Background: Hysterosalpingography (HSG) is a useful radiographic investigation involving the use of contrast medium for the management of infertility in females. It is however, not only a costly procedure but it is also a semi-invasive procedure and carries some radiation risks. One principle of radiation protection is justification of practice which means that the overall benefit of the procedure should outweigh the radiation risks. The aim of this study was to determine justification of HSG procedure by assessing the rate and pattern of pregnancy success among infertile women who underwent HSG procedures at a tertiary hospital in South Eastern Nigeria between 2016 and 2020. Methods: a retrospective cross-sectional study of a sample of 222 women, aged 20-46years (mean 32,55 ±8,16years) who underwent HSG examination at the hospital between 2016 and 2020 was made. The data of eligible subjects were collected from the archives of radiology department of the hospital. Results: The result showed that 121 (54,5 %) out of 222 of the patients achieved pregnancy with proper follow up infertility management. Of the 121, 48(39,67 %) were in the 25-29 years age group and 35(28,93 %) in the 30-34years age group. The commonest pathology found was uterine fibroid 71(32,0 %), followed by tubal blockage, 42(18,92 %) while the least occurring pathology was salpingitis isthmica nodosa 1(0,45 %). Conclusion: there was a strong positive correlation between the age of patient, the HSG findings and the rate of pregnancy success. The procedure is justified in all the age groups except for the >45years group

Transnational Black feminism: L.O.V.E. as a practice of freedom, equity, and justice in English language teaching

AbstractThis article contributes to the TESOL paradigm by highlighting ways in which bodies of Black feminist thought, transnational feminism, and transnational Black feminism endeavors antiracist practices and support students via English language teaching (ELT). The author utilizes the Transnational Black feminist (TBF) framework—intersectionality, scholar activism, solidarity building, and attention to borders and boundaries—to guide the article. The author provides definitions for racial equity and racial justice and explains what these terms mean in practice when adopting the TBF lens in the English language classroom. The article shows how racial equity and racial justice can be effectively incorporated with a method of L.O.V.E. (Lifting others, Offering support, Valuing others, and Evolving self) that embodies the work of TBF.

“It’s Not Like I Wanted Him Kicked Off the Football Team”: Alternative Approaches to Justice and Campus Sexual Assault

Current Title IX policy focuses strictly on adjudication and punishment for sexual assault on college campuses. Yet, the possibility of alternative forms of justice has long been a point of debate, with recent policy changes allowing for university choice in the application of transformative and restorative justice practices. The following study, using qualitative interviews with 23 student survivors from two universities, finds that student survivors of campus sexual assault were not focused on punishment as a remedy for their victimization. Instead, students discussed a desire to be heard, have their victimization recognized, and the creation of survivor-centered resources focused on healing and resiliency. Opportunities for alternative forms of justice that increase healing and help seeking among student survivors are discussed.

Introduction to Special Issue College Sport (In)Equity: Working Within and Beyond the Law to Achieve Intersectional Racial Justice Praxis

Introduction to Special Issue College Sport (In)Equity: Working Within and Beyond the Law to Achieve Intersectional Racial Justice Praxis

Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia

In the practice of criminal justice in Indonesia, judicial review efforts are an interesting problem to study because, in the development phase, there is a tug-of-war of interests between the defendant or his heirs and the public prosecutor. The presence of Constitutional Court Decision Number 20/PUU-XXI/2023 ends the debate and legal uncertainty for justice seekers. In this research, the author used a normative juridical approach. The approaches used were the Law approach, Case Approach, and Conceptual Approach. There are several problem formulations in this research: 1) what is the rationale for the decision of the Constitutional Court Number 20/PUU-XXI/2023?; 2) What are the arrangements for judicial review after the Constitutional Court decision Number 20/PUU-XXI/2023. Research Results of problem formulation number 1). According to the Court's consideration, requests for judicial review in criminal cases are the right of the defendant and his heirs, and the addition of the authority of the prosecutor to carry out judicial review efforts does not provide legal certainty and justice. Previously, the court in 2016 decided on a case regarding judicial review efforts, in which the court considered that the essence of a judicial review is the rights of the defendant and his heirs. 2) After the Constitutional Court Decision Number 20/PUU-XXI/2023, the public prosecutor cannot submit a judicial review effort in a criminal case; legally, when the prosecutor makes a judicial review effort in a criminal case, it is invalid/abash. With the decision of the Constitutional Court number 20/PUU-XXI/2023, it is reaffirmed that only the defendant and his heirs can submit a judicial review effort.

Exploring the genesis & praxis of Restorative Justice in Alberta, Canada

ABSTRACT Alberta is located in Western Canada, and is bordered by British Columbia to the west, and Saskatchewan to the east. The province has a history of employing restorative justice practices that date back many years. Today, Alberta has many restorative justice platforms operating across the province. The present study sought to uncover the genesis of restorative justice in Alberta, and specifically, what has contributed to the growth of restorative justice in this province. To do this, we conducted a qualitative study, in which we interviewed 13 Key Informants from across Alberta. Responses to the question of what contributed to the growth of restorative justice in Alberta were coded and analyzed. The findings of this study are categorized into three major themes: Community, Justice System, and Government. Each of these themes explores several topics, such as community engagement and the push from grassroots organizations, the role of courts, RCMP, judges, and other leaders in the justice system, as well as government funding and programming. This presentation also explores the ‘restorativeness’ of specialized courts such as the Calgary Indigenous Court; a topic that is becoming especially important in recent years. This paper ends with limitations and areas for future research.

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.

Scientific and practical justification of the use of non-traditional raw materials in the technology of pancakes for dietary nutrition

Today, diseases that cause intolerance to food ingredients in the composition of traditional food products are spreading rapidly in the civilized world. Therefore, the current direction of scientific research is the scientific and practical substantiation of the technologies of food products with multifunctional properties, which will ensure complete nutrition of the most vulnerable categories of society – with intolerance to gluten, milk proteins, and egg white, lactase deficiency, insulin resistance, and prediabetic conditions, etc. The selection of non-traditional raw materials was carried out, and the pancake recipe based on non-traditional raw materials was scientifically substantiated. The modification was done by replacing the composition of the recipe with wheat flour of the highest grade with gluten-free types, such as flour of green banana and teff. It is possible to replace high-grade flour in the recipe of pancakes with a mixture of gluten-free types of flour – green banana and teff in the ratio of 70:30. The expediency of adding tapioca starch to the composition of gluten-free pancakes in the amount of 20 % of the flour mass, which will ensure the formation of the structure of the finished products – the porosity index of products with the addition of tapioca starch was on average 52 %, which was 4 % higher than the similar indicator of the control sample based on wheat flour of the highest grade. It was established that replacing chicken eggs with chickpea aquafaba and cow's milk with coconut drink has no significant effect on pancake dough's structural and mechanical properties. A recipe has been developed, and technological parameters for the production of pancakes based on non-traditional raw materials for dietary nutrition have been established. It was established that the index of elasticity of the new type of pancake slightly differed from the control sample based on wheat flour of the highest grade. The height of the product after baking was somewhat (on average by 1.0 %) lower than the control sample, which is explained by the poorer structure-forming properties of gluten-free raw ingredients. The organoleptic indicators of a new type of pancakes were evaluated, proving the proposed solutions' expediency and effectiveness.

Toward a Cognitive Criminological Future

Criminology and Criminal Justice are bifurcated on multiple dimensions: education, publication patterns, and epistemological orientation. These asynchronous efforts might plausibly be remedied through a three-pronged pursuit of improved science, adherence to trial and error in justice practice, and evidence-based practice. Unfortunately, these potential solutions face a triple threat of criminal justice being built on a monopolistic (single producer) and monopsonistic (single purchaser) foundation, limits on rationality (including biases in theory and practice), and fundamental limitations of tacit knowledge. Although these are likely to always be present, one option may be the development of an area with new possibilities for criminological research and criminal justice practices. In revisiting a scholarly exchange over agency, we consider how moving toward cognitive criminology could foster a more enriched understanding of human action. This may offer opportunities for both fields, including unifying the basic science of Criminology with the application of Criminal Justice.

Bridging the gap between criminology and computer vision: A multidisciplinary approach to curb gun violence

AbstractGun violence significantly threatens tens of thousands of people annually in the United States. This paper proposes a multidisciplinary approach to address this issue. Specifically, we bridge the gap between criminology and computer vision by exploring the applicability of firearm object detection algorithms to the criminal justice system. By situating firearm object detection algorithms in situational crime prevention, we outline how they could enhance the current use of closed-circuit television (CCTV) systems to mitigate gun violence. We elucidate our approach to training a firearm object detection algorithm and describe why its results are meaningful to scholars beyond the realm of computer vision. Lastly, we discuss limitations associated with object detection algorithms and why they are valuable to criminal justice practices.

Can money buy happiness? Bribery practices and ethical awareness in emerging markets

PurposeThis study aims to examine the relationships among senior managers’ reports of bribery practices, ethical awareness and firm productivity in Thailand. Bribery pervasiveness is examined as moderating the relationship between bribery practices and ethical awareness. Ethical awareness is examined as a mediating effect of bribery practices and managerial perceptions of firm productivity.Design/methodology/approachThis study uses a mixed-method approach consisting of interviews with more than 20 senior managers and surveys collected from more than 200 senior managers in Thailand’s manufacturing and construction industries. Hierarchical regression is used to test the hypotheses.FindingsSenior managers report that their firms are more likely to flout ethical principles when they perceive that their industries feature widespread bribery practices. However, the tests fail to support the hypothesis that the flouting of ethical principles leads to less productivity.Originality/valueThis study contributes to transaction cost economics theory by extending the concept of illegal transaction cost minimization to managerial perceptions of firm productivity. This study also integrates research on bribery rationalization by considering how managerial rationalization and justification of bribery practices impact managerial perceptions of firm productivity and ethical awareness. This research provides managers with an understanding of how attitudes toward ethical conduct and unethical actions impact perceptions of firm productivity.

The spaces for restorative justice practices in a forensic inpatient mental health hospital: a thematic analysis of group case supervision.

The spaces for restorative justice practices in a forensic inpatient mental health hospital: a thematic analysis of group case supervision.