Justice Reform Research Articles

The Characteristics and Historical Traditions of Criminal Procedures in the Medieval Mongolian Law

The purpose of our study is to research the criminal justice system's evolution, history, and reform in medieval Mongolia. Studying the evolution, history, and reform of the criminal justice system in medieval Asian countries is a fascinating and important endeavor. Additionally, a historical and legal analysis will be conducted, focusing on the era's innovative approaches to investigation and victim rights thinking. Understanding the history of investigative services is closely tied to the development of legal regulations for handling criminal cases

Crime Prevention, Support or Punishment? Introducing an Ambiguous System of Youth Justice in Denmark

International research on youth justice systems has highlighted diversion as a key element in early crime prevention and deterrence. In Denmark, a youth justice reform was introduced in 2019 that restructured how the justice system responds to children and youths who are suspected or convicted of a crime. With the introduction of a Youth Crime Board (YCB) and a Youth Probation Service (YPS), the new reform aims to increase the speed and intensity of system responses to offences committed by children and youths. Based on legislation, policy papers, hearings on the new reform and the first evaluations of the reform, we analyse three key elements: the YCB, the sanctions and the YPS. We find that the 2019 youth justice reform constitutes an ambiguous system of youth justice with elements of diversion and punishment, and we argue that the reform integrates punitive elements into the delivery of treatment and support.

Judges´` Incarceration decisions in Mozambique

Over the last decade, Mozambique embarked on a comprehensive reform that aimed at improving the conditions of prisons in the country. Legal reform was accompanied by institutional reform. Prison conditions, however, have not improved at the pace they should have developed. Based on the findings of research conducted on prisons by the organisations Africa Criminal Justice Reform and REFORMAR- Research for Mozambique, over the last ten years, this article aims at drawing the attention of the prison issues from the judges’ incarceration decisions. In fact, while studies of criminal justice reform have traditionally examined the systematic deficiencies of the prison system, a closer look at the role of judges in the context of prison provides practical understandings, especially where there are substantive non-conformities with the legal framework in place. Solutions are, furthermore, threefold: the use of legal remedies by victims of judicial decisions and the civil liability of the state for illegal detention and the overall decolonisation of the state approach to criminal justice by all actors of the state administration.

Revisiting Indonesian Legal Framework for Juvenile Justice: Ensuring Procedural Rights for Assault Offenders

Assault crimes are violent by nature and are often perceived as a serious threat to public safety. However, the complexity of each crime needs to be analyzed thoroughly in a legal procedure to make sure that important values and principles are applied. This is particularly important among juvenile offenders, where the enforcement of justice needs to be upheld without sacrificing the future of youth. This research is done to analyze the challenges in ensuring procedural rights for juvenile assault offenders in Indonesia. Through the normative legal research method combined with a statutory approach, this research uncovers the legal challenges that juveniles face in accessing their procedural rights in Indonesia’s juvenile justice system and how these challenges can be improved. Analysis of this research finds that the Indonesian legal framework is still lacking in many ways, particularly in ensuring the right to ease of access to information regarding the case and the protection of privacy. The analysisThe analysis also shows that these issues cause conflicts with other laws, constitutional principles, and international standards. This research not only highlights the gaps in Indonesia’s juvenile justice system but also lays a theoretical foundation for developing a more holistic and rights-based approach to juvenile justice reform.

Implications of Changes in the Criminal Procedure Law of the ITE Law on Individual Rights in the Indonesian Legal System

The revision of the Electronic Information and Transactions Law (UU ITE) in Indonesia has become a hot topic of debate. Institutions and activists such as the Institute for Criminal Justice Reform (ICJR) and the Press Legal Aid Institute (LBH Pers) have presented various arguments regarding the impact of these changes. This article outlines the five main arguments advanced by the ICJR and LBH Pers. First, there is an objection to Article 27 paragraph (3) which regulates insults and defamation. Second, changes in criminal procedural law raise concerns about the discretionary authority of law enforcement officials without involving the courts. Third, the addition of cyberbullying-related crimes raises concerns about the potential for over-criminalization. Fourth, governments are given additional powers to filter and block content, which can result in potential abuse. Finally, the fifth argument relates to the "right to be forgotten" clause which can be used as a tool of censorship against news publications and journalists about one's past. This article also examines the impact of information technology developments on computer crime and underscores the importance of protecting individual rights and free speech in the digital age.

Implications of EndSARS Protest on National Security and Development

The EndSARS protest, which was sparked by public outcry against police brutality, had a significant impact on Nigeria’s national security and development. The protest primarily called for the dissolution of the Special Anti-Robbery Squad (SARS), a unit notorious for its human rights abuses. Underlying issues such as poor governance, rampant corruption, and the Federal Government's failure to reform the Nigerian police system were key factors leading to the massive demonstrations in 2020. Citizens were frustrated with the systemic negligence and lack of accountability, which prompted them to demand justice and police reforms. This paper adopts a descriptive approach to analyze the situation and highlights the importance of the government taking proactive measures to address security issues. The protesters’ grievances reflect a broader societal need for transparency, accountability, and fairness in governance. Therefore, it is crucial for the Federal Government to listen to the voice of the people and implement reforms that ensure the protection of citizens' rights and improve police conduct. By addressing these concerns, the government can help prevent the recurrence of such protests, which may escalate into more dangerous and widespread movements in the future. The paper argues that if the underlying factors are left unchecked, future protests could have far more severe consequences for national stability and development. Thus, the government must act decisively to reform the system and restore public trust.

Reforming Criminal Justice: An Analysis of Bail System Inequities and Proposals for Change

This paper critically examines the inequities prevalent in the current bail system within the framework of criminal justice. Delving into the historical evolution and purpose of bail, the analysis exposes the disparities affecting diverse demographic groups. Through a meticulous exploration of the consequences arising from these inequities, the paper underscores their profound social and economic impact on individuals, families, and communities. Building upon a comprehensive review of past and ongoing reform initiatives, the study evaluates their efficacy, drawing valuable lessons to inform future proposals. In response to identified shortcomings, evidence-based reform recommendations are presented, grounded in legal considerations, societal implications, and proven best practices. The proposed reforms emphasize the necessity of a balanced and fair approach that upholds the rights of defendants while addressing broader concerns of public safety. This paper contributes to the ongoing discourse on criminal justice reform by providing a thorough analysis and viable solutions to rectify the inherent inequities within the bail system.

Revisiting the gap between ideals and realities within restorative justice: Experiences from the Norwegian youth justice reform

Revisiting the gap between ideals and realities within restorative justice: Experiences from the Norwegian youth justice reform

Criminal Justice Reforms and Human Rights in Pakistan: A Comparative Analysis with Australia, the UK, and Canada

This study compares criminal justice reforms and human rights in Pakistan juxtaposed with Australia, the UK, and Canada, emphasizing the reforms' role in supporting human rights. It evaluates how these reforms contribute to fair trials and humane treatment in the justice system, examining Australia's indigenous rights focus, the UK's digital advancements, and Canada's restorative justice. The aim is to highlight effective practices and challenges to improve global justice systems and stress the collective endeavors required to promote human rights in criminal justice.

Criminal Law Reform to Increase the Effectiveness of the Justice System in Overcoming Crime

This study explores the imperative need for comprehensive criminal law reform to enhance the efficacy of the justice system in combating crime. As societies evolve, so do the complexities of criminal activities, necessitating a reevaluation of legal frameworks to address emerging challenges. The current legal landscape often proves inadequate in addressing the dynamic nature of criminal behavior, resulting in inefficiencies in crime prevention, investigation, and prosecution. The research investigates key areas of reform, including the modernization of outdated statutes, the incorporation of advanced technologies in crime detection and evidence gathering, and the implementation of evidence-based sentencing practices. By examining successful models from jurisdictions that have already undergone significant legal reforms, this study aims to identify best practices that can be adapted and integrated into existing legal systems. Furthermore, the research considers the socio-economic factors influencing criminal behavior, advocating for a holistic approach that combines legal reforms with social interventions. Such an approach seeks to address root causes of criminality, offering a more sustainable and effective strategy for crime reduction. Through a comprehensive analysis of existing legal frameworks, case studies, and sociological data, this study contributes valuable insights to the ongoing discourse on criminal justice reform. The findings aim to inform policymakers, legal practitioners, and the public, fostering a nuanced understanding of the multifaceted challenges associated with contemporary crime and the necessary steps for a more effective and equitable justice system.

Atypical jobs in psychology: Public safety and criminal justice reform consultant.

This article samples the career of Dr. Guy O. Seymour, whose undergraduate studies were completed at La Universidad Interamericana in Puerto Rico. He earned his MA and PhD in clinical, counseling, and community psychology at Boston University. The first bilingual person of color appointed to the professional staff of the city of Boston's general hospital, he founded the nation's first multicultural internship program and rose to be the chief psychologist of the Boston Department of Health and Hospitals. His career path led him to develop psychological services in nontraditional workspaces, including medical, police, fire, and correction departments and for the International Olympic Games. At the end of his career, a family member's encounter with marijuana laws led to an interest in advocacy for criminal justice reform. Since retirement from practice, he has continued to volunteer with efforts to decriminalize marijuana possession and to abolish cash bail for pretrial and misdemeanor offenses. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

The limits of criminal justice reform: an analysis of elite rhetoric in four cities

Abstract As the coronavirus pandemic swept the nation in 2020, many emphasized that carceral spaces were hotspots for the virus, leaving Black and Brown people especially vulnerable to infection. In combination with other critiques of racism in the carceral state, these observations created pressure to decarcerate, especially on the political left. How did political elites discuss the carceral state in this changed atmosphere? To answer this question, we analyze rhetoric in public statements across four liberal metropolitan areas during the spring and summer of 2020. In these statements, we find a long-standing discourse of racially paternalist penal welfarism, retrofitted to pandemic times and accompanied by a distinction between “deserving” and “undeserving” criminals. Accommodating portrayals of incarcerated people as vulnerable to COVID-19 and in desperate need of care, this pattern of rhetoric positioned the carceral state as a protector in order to justify continued incarceration.

Embodied Reflexivity Through the Arts: An Introduction

Emerging from a global health crisis that shone the light on the effects of alienation, isolation, and physical and spiritual vulnerability, we wondered what we might offer to re/center humanness and remind us of individual and collective possibilities to create positive change. With this call in our hearts and bodies, our special issue began to take shape. We are three scholars at different stages of our careers and with intersecting areas of expertise, but who are all grounded in reflexive ways of being, embodied ways of knowing, and artful ways of engaging. We acknowledge the scholars(hip) in each of these distinct areas and are grateful for the foundation on which we build. Thus, with our collective yearnings to centre an integrated way of at/tending to an emergent process of re/making and re/imagining knowledge, we offer this special issue with three intentions: to advance arts-based educational research in developing critical, social, and relational consciousness; to evoke/provoke embodied pedagogical practices that transform teaching/learning; and to contribute to re/humanizing education (Lyle, 2022) and social justice reform.

NYS advocates encouraged by budget proposal, urge COLA hike

New York State advocates said that while they are pleased with the governor's FY 2024–2025 executive budget proposal, which includes criminal justice reform efforts and new mental health courts, sufficient funds are still very much needed to address the mental health workforce shortage crisis and fill jobs for workers given the more than 30% job vacancy rate at most programs across the state.

Offender-led religious movements: Why we should have faith in prisoner-led reform

Offender-led religious movements: Why we should have faith in prisoner-led reform Byron R. Johnson and Sung Joon Jang, both from Baylor University and Pepperdine University, suggest that the solution to criminal justice reform could lie in the prisoner-led faith programmes, which provide positive, cost-efficient rehabilitation. An emerging body of evidence documents the ways in which religious involvement is linked to different types of physical and mental health outcomes.(1) A growing subset of this research demonstrates how religious involvement helps to decrease crime,(2) promote prosocial behaviour among offenders,(3, 9) and help to foster sobriety among addicts.(4) Moreover, research shows the effectiveness of faith-based programmes in reducing recidivism among former prisoners.(1, 2, 9) In sum, there is increasing evidence religiosity can help change an offender’s identity, and be linked to other important prosocial outcomes.(5, 17)

Plotting against justice: Conspiracy theory endorsement and opposition to criminal justice reform

AbstractConspiracy theories about criminal justice reform are an unexplored domain with unique relationships to system justification and resistance to criminal justice reform. Across two studies, we developed and began to validate a measure of conspiracies about criminal justice reform, the CCJR. The CCJR was predicted by system justification, general conspiracy mentality, and political ideology (Study 1). The CCJR also mediated the relationship between system justification and resistance to information about criminal justice reform (Study 2). These studies suggest that conspiracy theories contribute to opposition to criminal justice reform, and that criminal justice reform‐related conspiracy theories serve a system‐justifying function, that is, atypical of conspiracy theories. These findings suggest new avenues for research on both conspiracy theories and criminal justice reform.

Цифровизация гражданского судопроизводства Англии

Introduction: England is going through a period of radical reform of the civil justice system. A new landscape of digital dispute resolution is advancing, based on the idea that the transition from ‘paperbased’ resolution of legal disputes in physical courts to an online environment will help meet the dual requirements of expanded access to justice and significantly reduced system costs. As noted by the English authors, now the country has a semi‐digital justice system and hybrid ways of working. Supporters of the reforms define the current system as unstable and consider growing digitalization to be the only realistic solution. Purpose: to form an idea of the digitalization of civil proceedings in England based on analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as legaldogmatic and the method of interpretation of legal norms. Results: the conducted research has shown that a modernization program is currently being implemented in the courts of England and Wales, focused on the transition from traditional ways of working to the use of digital methods. There have been created various pilot schemes aimed at improving access to justice, at facilitating preliminary resolution of disputes and resolution of disputes at early stages, at reducing the number of claims reaching the court, at increasing the economic efficiency of civil proceedings and judicial efficiency. Judicial reform has been carried out by the UK government for more than 25 years. But the civil justice reform program, with its commitment to digitalization and online process, began in earnest in 2014, when the Ministry of Justice announced that Her Majesty's Courts and Tribunals Service (HMCTS) would implement a reform program the central element of which would be the use of information technology, including online processes, to facilitate dispute resolution. The concept of online court was to create a convenient online system for processing simple monetary claims with a value not exceeding 25,000 pounds. Conclusions: in 2023, the following digital technologies were widely used by UK courts: video hearings (at the discretion of the court); creation of electronic packages of court documents (e‐bundles) and electronic filing of court documents; electronic communication between the parties and the court; online portals for processing various forms of claims; creation of an online system of protocols of preliminary actions (Pre Action Protocols), called online PAPs. Currently, various claim portals designed to handle claims of various types are operating or undergoing pilot testing in the country: the Online Civil Monetary Claims (OCMC) portal (processing of claims for a certain amount of money limited to 25,000 pounds); the Damages Claims Portal (DCP) (processing of claims for damages in the district court); Official Injury Claim (OIC) portal (processing of accident injury claims). An important event was the creation of the Online Procedure Rule Committee (OPRC) in accordance with the Judicial Review and Courts Act 2022. This law created the basis for the development of new, simplified Rules for online services in civil, family, and arbitration proceedings. The Recommendations of the UK Jurisdiction Taskforce (UKJT) should also be taken into account with regard to the use of blockchain technologies in legal proceedings and judicial practice on this issue. The final report of the UKJT was published on June 28, 2023. The final position of the UKJT was to support common law as the primary means to be used to resolve claims against cryptocurrencies.

Juvenile rights and juvenile justice reform: experiences from the United States and the United Kingdom

Juvenile rights and juvenile justice reform: experiences from the United States and the United Kingdom

The Democratic Necessity of Reckoning

In the years since the onset of the Black Lives Matter (BLM) movement—and especially since the Ferguson uprising—scholars have tried to understand how the movement has affected public life in the United States. The scholarship overwhelmingly shows that periods of intense BLM protest have generated high levels of public awareness about systemic racism and increased support for criminal justice reform.1 Police homicides have declined in areas with BLM protests.2 And liberals exposed to BLM protests were more supportive of candidates who condemned systemic racism and supported criminal justice reform in the 2020 elections.3

Examining the Impact of False Confessions and Wrongful Convictions on Criminal Justice Reform

Examining the Impact of False Confessions and Wrongful Convictions on Criminal Justice Reform