Swedish Criminal Justice System Research Articles

Swabbing Dogs and Chauffeuring Pizza Boxes

This paper discusses the alignment work that Swedish crime scene technicians perform at the crime scene. It takes as its point of departure the understanding that the criminal justice system is a collaboration of very different epistemic cultures with at times different understandings of “the same” forensic evidence and its production. Nonetheless, the collaboration and the legal security of forensic evidence depends on knowledge in the form of forensic evidence(-to-be) moving easily and stably through it, despite epistemic differences. One way of attaining such stable movement, the article argues, is the crime scene technicians’ alignment work when they recover and package traces from the crime scene – for example body fluids, fingerprints, and fibers – for transport to the forensic science laboratory. Their crime scene alignment work, it shows, is not only a core part of the crime scene technicians’ contribution to the collaborative production of forensic evidence, it is also a source of professional pride, identity, and community for them. Thus, the crime scene technicians’ alignment work is not only important for the movement of knowledge through the Swedish criminal justice system, but is also an integral part of their professional self-understanding.

Reinvestigating the Sexual Violence “Justice Gap” in the Swedish Criminal Justice System: Victim-Centered Alternatives to the Criminal Trial

The high rate of attrition in the processing of sexual violence cases within the criminal justice system has been framed as a “justice gap,” an institutional failure to get justice for victim-survivors. In this article, I analyze the processing of rape cases in the Swedish criminal justice system, one with a particularly high attrition rate. Drawing upon interviews with criminal justice professionals, I illuminate the inadequacy of the justice gap as a measure of victim-centered justice. Through policy reforms, the Swedish criminal justice system has instituted victim-centered practices that offer victim-survivors alternative forms of justice without increasing the prosecution rate.

Extraterritorial Justice: Can Swedish Trials Provide Remedies to Victims of Atrocity Crimes?

ABSTRACT Accountability for serious human rights violations and atrocity crimes has established itself at the top of the international community’s legal agenda, not least to serve justice to the victims of the crimes. Efforts to refer the atrocities in Syria to the permanent International Criminal Court have been in vain, highlighting the need for third states exercising extra-territorial jurisdiction. Sweden has answered the call to investigate the crimes, and the strong position afforded to victims of crime in the Swedish criminal justice system suggests that it is well-suited to provide them the justice they are entitled to. This article draws on the experiences gained in the seven trials to date in which victims have participated, to assess the extent to which international legal obligations towards the victims are implemented and were accessible to the victims. Through analysis of legal documents and interviews, the author demonstrates that, while the Swedish system has been fulfilling a wide range of international legal obligations towards victims of crime, the remoteness in time and place, the large number of victims involved and other specifics of the investigations and trials, challenge several central aspects of the Swedish system, such as the right to information, support and reparation.

Accessing Rights and Mitigating Revictimization: The Role of the Victim's Legal Counsel in the Swedish Criminal Justice System.

Rape victims often face secondary victimization by the criminal justice system, prompting their advocates to promote a variety of procedural changes, including the provision of an independent legal counsel for victims. Sweden implemented a legal counsel for victims of sexual assault and rape in the late 1980s, yet research about their role remains limited. This article draws upon interviews with victim-lawyers in Sweden and suggests that having access to an independent legal counsel can mitigate the risks for secondary victimization by empowering victims to access their rights and providing emotional support and connectedness in the criminal justice system.

The ‘lottery’ of rape reporting: Secondary victimization and Swedish criminal justice professionals

ABSTRACT Research has established the possibility for rape victim-survivors to experience secondary victimization as a result of encounters with the criminal justice system. However, most of this work is based in Anglo-American countries, with less attention to the issue in the Nordic context. In this article, I report on in-depth interviews with Swedish criminal justice professionals and their perspective on investigating and processing sexual violence cases, as well as interviews with professionals who work directly with rape victim-survivors and their external evaluations of the criminal justice system. While there is a general awareness of the need for an empathetic and sensitive response from police officers and support from the victim’s legal counsel, in practice, the process can be a ‘lottery’ for victim-survivors: while some individual police officers and lawyers are dedicated to victim-centred encounters, others are dismissive or hostile. I discuss policy initiatives, including training, specialization, and required competencies, that institutionalize and standardize victim-centred practices to promote a supportive environment for all sexual violence victim-survivors in the Swedish criminal justice system.

Attaining the Stable Movement of Knowledge Objects through the Swedish Criminal Justice System

This article thinks with infrastructure about the stable movement of knowledge objects such as crime scene reports, traces, and order forms through the Swedish criminal justice system. Infrastructures span different communities and borders; the criminal justice system is made up of necessarily disparate epistemic cultures. Thus, they share a central concern: Both aim for stable movement from one context to another. Thinking with infrastructure, the article argues, makes it possible to widen analytical focus and capture the structures and the continuous work that resolve the tension between different sites and thus enable the stable movement of knowledge objects. Using sensibilities from infrastructure studies– for the resolution of tensions, for continuous maintenance, and for inequalities – the article argues that the criminal justice system enacts the knowledge objects’ stability across epistemic cultures. In other words, the stable movement of evidence-to-be through the Swedish criminal justice system is the result of infrastructuring, that is, of its continuous creating of conditions that facilitate movement and create and re-create stability. This perspective may be useful for studying the movement of knowledge also in other contexts.

The ideal minority victim – Roma in Swedish criminal courts

Nils Christie famously drew up criteria needed to be fulfilled in order to be recognized as an ideal victim. Concerning victims from a minority population, I will argue, additional criteria are needed in order to achieve recognition as an ideal victim. This study will point to these criteria by scrutinizing the ways in which victims from Roma communities are framed by the Swedish criminal justice system. Based on a narrative analysis of court documents, and by drawing on postcolonial theory, the findings in this article indicate that a minority victim must be understood culturally as one of ‘us’ – being ‘culture-free’ – in order to fit into the framework of an ideal victim. As such, this is an attempt to develop tools than can help us grasp the understanding of, and approaches to, minority victims in the criminal justice system, by adding a postcolonial theoretical perspective to the classic work of Christie.

Swedish crime scene technicians: facilitations, epistemic frictions and professionalization from the outside

ABSTRACT This article investigates the role of crime scene technicians in the Swedish criminal justice system, and particularly how Swedish crime scene technicians not only examine crime scenes but also facilitate the criminal justice system’s joint production of forensic evidence. It proposes thinking about the criminal justice system as a conglomeration of epistemic cultures, that is, of communities with different ways of producing and understanding forensic evidence. Such a perspective makes it possible to understand interprofessional frictions as epistemic frictions as well as to draw attention to the facilitations, mediations and translations that crime scene technicians perform. This perspective also makes it possible to illuminate how the crime scene technicians’ professionalization – a professionalization from the outside – affects both their future crime scene work and their facilitations.

Critical Reflections on Attention Deficit Hyperactivity Disorder (ADHD) in the Criminal Justice System: Swedish Female Ex‐Offenders’ Narratives of Diagnosis

AbstractRecent years have seen an emerging link between attention deficit hyperactivity disorder (ADHD) and criminal behaviour. Sweden is a leader in this field of research, and high levels of ADHD are reported in the Swedish criminal justice system. The aetiology of the condition, however, remains unclear and there is definite ambivalence in the literature regarding both diagnosis and treatments. Offering a unique qualitative perspective on the role of ADHD diagnoses, this article critically explores female first‐hand narratives of ADHD in the Swedish criminal justice system. A number of diagnostic functions are proposed; (i) on the individual level – via a rationalised explanatory framework of behaviour; (ii) on a societal level – with attention effectively being deflected from social and environmental contexts; (iii) on an institutional level – linked to the medicalised management of offender populations, and lastly; (iv) on a broader market level – including huge pharmaceutical interests in a relentlessly expanding ‘treatment’ market.

Long-term risk factors for substance-induced and primary psychosis after release from prison. A longitudinal study of substance users

PurposeThe purpose of this study was to determine long-term risk factors for substance-induced and primary psychosis after release from prison. MaterialWe used a longitudinal register-based cohort study combining European version of Addiction Severity Index (Europ-ASI) interviews and the Swedish inpatient register. The study included 6217 individuals who were in the Swedish criminal justice system from 2001 to 2006. MeasurementsThe outcomes were substance-induced and primary psychosis as defined by the International Classification of Disease — 10th version. All variables for estimating baseline risk were drawn from the Europ-ASI interview, and included information on substance use, demographics and health. The interview database and the inpatient register were coupled, and groups were compared by using tests of significance and logistic regression. ResultsPolydrug use was the strongest predictor for substance induced psychosis (OR=9.55, 95% CI 3.42–26.67), but all substances imposed an increased risk. Previous psychiatric hospitalization and non-drug related hallucinations were significant, but weaker, risk factors. The only substance variable that predicted primary psychosis was cannabis (OR=2.62, 95% CI 1.39–4.96), but previous psychiatric hospitalization (OR=3.22, 95% CI 2.27–4.54) and non-drug related hallucinations (OR=4.00, 95% CI 2.82–5.67) were even stronger predictors. ConclusionsCannabis use was a risk factor for primary psychosis, but other health related individual risk factors were even more important. Polydrug use was the strongest risk factor for substance-induced psychosis.

Risk factors of psychosis among amphetamine users: A prospective study of clients in the Swedish criminal justice system

Risk factors of psychosis among amphetamine users: A prospective study of clients in the Swedish criminal justice system

Does the pattern of amphetamine use prior to incarceration predict later psychosis?—A longitudinal study of amphetamine users in the Swedish criminal justice system

ObjectivesThe aim of this longitudinal study was to investigate the relationship between self-reported amphetamine use prior to inclusion in the criminal justice system and hospitalization due to psychosis in the years following release. MethodAll the information was extracted from existing databases. Amphetamine-using clients in the criminal justice system in Sweden were identified using the European version of the addiction severity index (Europ-ASI) interview. Between 2001 and 2006, a total of 1709 individuals were identified. A follow-up of the subjects, using national registry data, was conducted in 2010. The outcome measure was hospitalization for primary or substance-induced psychotic episodes during the follow-up period. Data was analyzed in a multivariate logistic regression model. ResultsAge of onset of amphetamine use, number of years used, and use in the month prior to baseline interview were all unrelated to risk of future hospitalization due to psychosis. Prior psychiatric hospitalization and experience of hallucinations not related to drug use, as well as being born outside of a Nordic country and being homeless, were all positively linked to hospitalization due to psychosis. ConclusionsThis study demonstrates that, in a cohort of amphetamine users within the criminal justice system, prior psychiatric morbidity and demographic risk factors are more important than baseline patterns of amphetamine use in predicting future risk of hospitalization due to psychosis.

Mortality, Causes of Death and Risk Factors for Death Among Primary Amphetamine Users in the Swedish Criminal Justice System

This study examined mortality and predictors of death in 1,396 primary amphetamine users (85% males) who were interviewed with the Addiction Severity Index in the Swedish criminal justice system during 2000–2006 and followed through 2008. Forty-nine clients deceased (standardized mortality ratio 4.1 [3.0–5.4]), at least 84% of deaths were violent or drug-related (12% suicides), and Cox regression analysis indicated that death was associated with frequent use of sedatives and less frequent use of amphetamine. No female deaths were observed; death and male gender were associated in binary analysis. Implications for diagnostics and treatment are discussed.

Too Dangerous to Get Out? The Use of Individualized Release Mechanisms for Lifetime Incarcerated Offenders in Sweden

In Sweden, the harshest punishment that offenders face is a life sentence. Yet, in contrast to the United States, such a sentence does not mean that offenders necessarily spend the rest of their lives in prison. The Swedish government has traditionally been able to grant clemency to lifers, which has led to an average life sentence of about 14 to 16 years. In 2006, this clemency practice was modified with an act establishing a judicial process deciding about the release of lifers. This research finds that the 2006 act fits into the broader and traditional understanding of the Swedish criminal justice system as a rehabilitative institution focused on the individual offender. By evaluating the act on its impact on public safety, political acceptability, and on the lifetime incarcerated themselves, this article reveals how the 2006 act has so far particularly benefitted the lifetime incarcerated.

Risk factors for criminal recidivism – a prospective follow-up study in prisoners with substance abuse

BackgroundSubstance use in general has been shown to predict criminal recidivism. The present study aimed to examine potential predictors of criminal recidivism, including substance-specific substance use patterns, in prisoners with substance use.MethodsA cohort of prisoners with substance use problems (N = 4,152) were assessed with the Addiction Severity Index (ASI) in the Swedish criminal justice system. Clients were followed for an average of 2.7 years. Criminal recidivism was defined as any return to the criminal justice system.ResultsDuring follow-up, 69 percent (n = 2,862) returned to the criminal justice system. Recidivism was associated with amphetamine and heroin use, with an additive risk for injectors, and with polysubstance use. Also, recidivism was negatively associated with alcohol, other opioids than heroin/methadone and with hallucinogenic drugs, and positively associated with previous psychiatric in-patient treatment, violent behaviour, and with a shorter index sentence. Associations remained when controlling for type of crime.ConclusionsEven when controlling for type and severity of crime, and for psychiatric problems, risk of criminal relapse was increased by substance use variables, including amphetamine, heroin and polysubstance use, and an additional risk was shown for injection drug users. These findings have implications for the need for substance abuse treatment after release from prison.

Factors associated with history of non-fatal overdose among opioid users in the Swedish criminal justice system

Background Overdose (OD) is a common cause of death in opioid users. Also, many current opioid users report a history of non-fatal OD. The present study aimed to identify factors associated with a history of non-fatal OD. Methods A sample of 7085 Swedish criminal justice clients with alcohol or drug misuse was assessed, using the Addiction Severity Index. Subjects reporting use of opioids during the 30 days prior to incarceration were included ( n = 1113). Relevant variables of misuse pattern, heredity, psychiatric symptoms and previous criminal charges were analysed in a logistic regression model. Results A history of non-fatal OD was reported by 55% ( n = 604). The estimated contribution to the variance in OD history was 25% for variables describing misuse pattern, compared to 10% for psychiatric symptoms, 8% for heredity, and 8% for previous criminal charges. The final model included the following variables: history of injection drug use (OR 3.28), history of heroin use (OR 2.87), history of suicide attempt (OR 1.92), history of tranquilliser use (OR 1.91), being born in Sweden or other Nordic countries (OR 1.74), difficulty in controlling violent behaviour (OR 1.68), and paternal alcohol problems (OR 1.57). Conclusions Suicide attempts and difficulty in controlling violent behaviour were associated with history of non-fatal OD, independent of variables of misuse pattern. This may indicate a possible association with impulse control disturbances, and may have clinical applications. Country of birth and heredity of alcohol problems also had some influence. As expected, severity of misuse most strongly contributed to history of non-fatal OD.

Integrating a Victim Perspective within Criminal Justice: The Swedish Approach

After World War II public opinion in Sweden gradually recognised the need for a crusade against crime as a threat to the state and its inhabitants. The police and responsibility for public prosecution were nationalised, reorganised and placed within the Ministry of Justice. A new authority was established in the Ministry to investigate crime prevention activities (BRÅ). A new Code on Judicial Procedure, 1942 (in force 1948) had replaced previous legislation on civil and criminal court procedure. The legislation on crime and penal sanctions was gradually reformed and a new Criminal Code was adopted 1962 (in force 1964). Tort law, which had for long been unco-ordinated was finally collected in the Tort Liability Act, 1972 supplemented by the Criminal Injuries Compensation Act, 1978. These codes and Acts have later been amended, sometimes to the benefit of victims of crime. During this period the need for state compensation to victims of crime slowly attracted special attention. From a cautious beginning in 1948 the state gradually took on responsibility for adjudged economic compensation to the victim, not obtained from the offender. The social welfare system covers costs for medical and social treatment and care and losses by industrial injury etc. Other economic losses are often compensated by the victim's insurance. The remaining need for compensation mainly refers to criminal violation of the victim's integrity and the effects of harm caused by the offence. This article describes the implementation of the Crime Victim Compensation Authority which was established in 1994. It analyses the place of the victim in the Swedish criminal justice system, the injuries that attract compensation from the Authority, levels of payment, and proposals for reform. These developments are set within the context of a feminist political agenda.

Swedish and foreign crimes in the Swedish criminal justice system

See abstract in article.

Swedish and Foreign Crimes in the Swedish Criminal Justice System*

In 1864 the first modern penal code (hereafter PC 1864) was issued in Sweden and became effective in 1865. A century later a new Criminal Code (hereafter CC) was adopted in 1962 and came into force in 1965. The CC has since 1965 been partially revised but has retained the same structure. The period from 1865 to the present day has seen the emergence of a totally new society in Sweden, but these increasingly rapid changes have caused the legislator problems in ensuring that the reform of the law keeps pace.

Information and documentation in social sciences in Sweden: The library of Parliament

This chapter introduces the Swedish criminal justice system. It presents the major components of the system—the police, judiciary, law, corrections, and juvenile justice—along with an overview of the political system. It also outlines a brief history of some of the components of the system and describes the organization and administration and the various roles of the practitioners. Some of the critical issues facing the system are also assessed. Sweden is noted for being an exceptionally stable and industrially prosperous country. Part of that success is attributed to the government's ability to seek compromise and to reach a consensus that is beneficial to a large number of the citizenry. This process is illustrated by the manner in which the government and the Riksdag thoroughly analyze an issue that will have a significant long-term impact on the social system prior to enacting legislation. This style has important implications for the justice system, and the person who is given the greatest responsibility for directing those efforts is the minister of justice. This ministry is concerned with the criminal justice legislation, police, criminal procedure, criminal courts, prisons, and probation. Sweden's justice system has resolved a number of problems that are frequently raised in the United States, for example, the police have been consolidated into a number of efficient forces; there is a separate entry scheme for police commissioners and new recruits are exposed to a broad range of police work including criminal investigation. Judges and prosecutors are given special training for their responsibilities. The most significant contribution that the Swedes have made to criminal justice is the development of a humane and just sentencing philosophy.