Justice System Research Articles

A review of the knowledge structure and trends in research on the interlinkages between the rule of law and environmental sustainability

AbstractThe interplay between nature and human activities is important for both human well‐being and the health of our planet. The rule of law is central to maintaining harmony between environmental needs and human endeavors. Since the early 1990s, particularly after the Earth Summit in 1992, there has been an increased interest in the relationship between environmental sustainability and legal frameworks. This has led to a significant expansion in the field, encompassing a wide array of research. Despite the field's growth, there is still a lack of review papers that explore its knowledge structure and evolution. This study aims to conduct a comprehensive bibliometric analysis of the literature by employing the Visualization of Similarities (VOS) viewer software. We identify key thematic areas within the field, highlight influential authors and journals, and specify major contributing countries and institutions. The findings show that the initial focus was on limited themes, which later gave way to an acknowledgment of the multidimensional nature of the subject. Certain themes, such as environmental emissions and governance, retain prominence. Among the focal themes, sustainability, climate change, and democracy are particularly influential in shaping the field's trajectory. Despite this evolution, certain aspects of both concepts, such as waste and water management, fundamental rights and justice system, and the importance of socio‐economic factors, remain underrepresented. This study offers valuable insights into the linkage between the rule of law and environmental sustainability themes and the associated themes.

Ritual Child Homicide in Contemporary Africa: A Systematic Review of the Empirical Literature

Ritual child homicide, the killing of children for ritual or occult purposes, is a phenomenon that occurs in many African countries. Prior to the 21st century, very little, if any, criminological analysis of ritual paedicide in African settings existed. However, research on ritual child homicide has increased in recent years, leading to greater knowledge and understanding of the phenomenon. The present study sought to consolidate and synthesize information on ritual child homicide in African communities to facilitate a better appreciation of the phenomenon. Using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, a comprehensive search for empirical studies on ritual paedicide in African settings, spanning the years 2000 to 2022, was conducted across four databases: Scopus, Web of Science, Journal Storage, and Google Scholar. A total of 14 studies met the eligibility criteria and were diligently appraised. The review shows that most ritual paedicide victims are from families of low socioeconomic backgrounds in rural communities. A ritual paedicide typically involves multiple culprits. The actual perpetrators (i.e., body hunters or murderers) are predominantly males of low socioeconomic status, motivated largely by monetary gain. To combat the phenomenon, economic improvement, the promotion of formal and public education, formal regulation of the activities of traditional healers/spiritualists, and the strengthening of the criminal justice system are recommended.

The Evolving Role of Prosecution in Pakistan's Criminal Justice System: A Comparative Analysis with India

The purpose of this research is to investigate the function of prosecution within the framework of Pakistan's criminal justice system as seen through the lens of India. Through the use of historical and doctrinal research methodologies, the examination dives into the development of prosecutorial functions in both nations. Within the scope of this study, a comparison and contrast of the legislative frameworks that control the prosecutorial function is carried out. Particular attention is paid to important aspects such as prosecutorial discretion, pre-trial investigation, and trial advocacy. The purpose of this research is to investigate the ways in which the courts in Pakistan and India have interpreted the powers and restrictions of the prosecutor by analyzing significant cases. This comparative technique allows the investigation to identify both commonalities, which are a result of a shared colonial past, and differences, which are a result of separate legal processes. The research provides an in-depth analysis of the efficiency of the prosecution process in each nation, stressing both the positive and negative aspects of the system as well as prospective areas for improvement. The findings of this study present suggestions for enhancing the prosecutorial position within Pakistan's criminal justice system. These recommendations are derived from the Indian experience, which the research draws upon. One of the goals of this research is to make a contribution to the continuing conversations that are taking place about how to assure a more strong and efficient prosecutorial role, which would eventually result in a criminal justice system in Pakistan that is more effective and just.

Contributions to the elucidation of a controversial episode.The Ciulei case. (1)

Considered in Romanian historiography as a representative miscarriage of justice, a proof of the imperfection of the military justice system during the First World War, the Ciulei case aroused the interest of post-war society because of the strident injustice that characterized the entire trial. To make matters even more complicated, his brigade commander, Colonel Sturdza, who had signed the order to courtmartial him, deserted to the enemy.What is actually the truth? Was Ciulei the victim of Sturdza or was he the victim of an unfortunate chain of events?With a title inspired by one of the few works that have approached this subject with scientific rigor, and here I am referring to the work of professors Petre Otu and Maria Georgescu, presented in the bibliography, this article aims to contribute to the elucidation of this episode, providing readers with arguments identified in primary sources, from documents in the custody of the Romanian National Military Archives.

Colonial Shadows: the Persistence of Hierarchical Structures in India's Post-independence Criminal Justice System

Colonial Shadows: the Persistence of Hierarchical Structures in India's Post-independence Criminal Justice System

Shortcomings of the Bharatiya Sakshya Adhiniyam, 2023: Challenges for Courts, Prisons, and Police

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replacing the Indian Evidence Act, 1872 (IEA) introduces several new provisions that create challenges for courts, prisons, and police, impacting their operational efficiency. The increased focus on electronic evidence in judicial proceedings raises worries about the authenticity of digital records and the dependability of electronic testimony, which can easily be subject to manipulation and tampering. Moreover, the law's unclear provisions regarding the admissibility of electronic evidence add to the complexity of its application. Courts, Prisons and Police Units need infrastructural enhancements to support remote monitoring, which necessitates substantial financial investments in video conferencing technology and cyber security measures. For law enforcement agencies, the BSA calls for improved digital forensics capabilities and stricter protocols for evidence gathering in course of investigation, leading to additional administrative and logistical burdens. These deficiencies highlight the urgent need for secure authentication methods, ongoing updates to the legal framework, and increased technological investment to safeguard the integrity of digital evidence. Failing to address these issues could compromise the effectiveness and credibility of the justice system.

Perceptions of Anti-Black Bias in the Criminal Justice System Contribute to Pro-Black (Versus White) Bias in Criminal Justice Research

Black Americans experience more frequent guilty verdicts and harsher sentences in the criminal justice system. However, recent laboratory work often finds either trivial differences or a pro-Black bias where people provide more lenient verdicts for Black versus White defendants. Across five studies, we find a consistent pro-Black bias even after reducing social desirability concerns. Instead, the pro-Black bias results from a negative relationship between perceived anti-Black criminal justice bias and the Black suspect’s verdict. The current work shows the pro-Black bias as a consequence of the newly salient perception of racial bias in the criminal justice system. Consequently, as people’s perceptions of racial disparities in the criminal justice system increase, this in-lab effect may manifest in real-world criminal justice outcomes.

Perspectives on the role of the intermediary in the justice system: A systematic review and qualitative synthesis

Children and vulnerable adults can experience substantive barriers when engaging with justice systems. An intermediary is a trained professional who supports vulnerable individuals to participate fully in legal processes by facilitating communication between them and legal professionals. Challenges in the establishment of the role are evident, while perceptions of how stakeholders perceive the role are relatively under-explored. This review synthesises literature on stakeholders’ perspectives of the intermediary role in the justice system. A systematic search of electronic databases ( n = 6) was undertaken alongside manual searches of the grey literature. Papers were independently screened for inclusion. Included papers were appraised for quality and qualitative content analysis was undertaken. The final sample ( n = 26) included the perspective of vulnerable individuals and families, legal practitioners and intermediaries. Seven categories were identified: (1) unique knowledge with transformative impact; (2) relationship work; (3) evolving scope, clear boundaries; (4) low status, high demands; (5) outer strengths, inner conflicts; (6) fulfilment in the role and (7) out of sync. The findings suggest that the role of the intermediary is perceived positively across stakeholder groups. However, several challenges are evident in relation to successful implementation of this complex and nuanced role. Recommendations for research and policy are discussed.

PACE: Participatory AI for Community Engagement

Public sector leverages artificial intelligence (AI) to enhance the efficiency, transparency, and accountability of civic operations and public services. This includes initiatives such as predictive waste management, facial recognition for identification, and advanced tools in the criminal justice system. While public-sector AI can improve efficiency and accountability, it also has the potential to perpetuate biases, infringe on privacy, and marginalize vulnerable groups. Responsible AI (RAI) research aims to address these concerns by focusing on fairness and equity through participatory AI. We invite researchers, community members, and public sector workers to collaborate on designing, developing, and deploying RAI systems that enhance public sector accountability and transparency. Key topics include raising awareness of AI's impact on the public sector, improving access to AI auditing tools, building public engagement capacity, fostering early community involvement to align AI innovations with public needs, and promoting accessible and inclusive participation in AI development. The workshop will feature two keynotes, two short paper sessions, and three discussion-oriented activities. Our goal is to create a platform for exchanging ideas and developing strategies to design community-engaged RAI systems while mitigating the potential harms of AI and maximizing its benefits in the public sector.

Towards Ethical AI Moderation in Multiplayer Games

AI is increasingly being used to moderate player behaviour in online multiplayer games, working to identify and respond to toxic and problematic conduct with greater efficiency and accuracy than existing automated systems. However, little work has explored the application of AI moderation in the gaming ecosystem, despite growing ethical concerns about AI applications in other domains. In this study, we conducted 2 expert workshops and interviewed 26 players and industry professionals on their understandings, perceptions and experiences with AI moderation in multiplayer games. Applying a metaphorical frame via template analysis, we outline four metaphors that capture participants' views on the roles of AI and automation in moderation: the Unreliable Police Force, the Unscrupulous Governor, the Uncaring Judge, and the Untiring Assistant. We discuss these roles as exacerbating a top-down, punitive online justice system and identify ethical concerns around transparency, fairness and inclusion, privacy, and human-AI collaboration. To address these concerns, we put forward a set of ethical design considerations and alternative roles for AI moderation in multiplayer games.

A Look at Challenges to the Effective Implementation of Safeguard to Fair Trial and Justice under the Cameroonian Criminal Justice System

Fair trial as a principle which ensures the administration of justice is guaranteed in the constitutions of every democratic society. The right to fair trial is an essential right in all countries respecting the rule of law. Fair trial and justice constitute the back bone of all applicable procedures and substantial laws almost in every legal culture. This means that fair trial should be perceived as a “human right” issue and therefore an international concern which should comply and be measured by international norms. This paper aims at analyzing the challenges faced in the effective implementation of the safeguard to fair trial and Justice in Cameroon. The Cameroon criminal justice system has all necessary provisions aimed at safeguarding fair trial and ensuring a horizontal playing field where justice is been maintained. However, the question remains how effective does these laws safeguard the right to fair trial and Justice. The mechanisms put in place to ensure the safeguard to fair trial and justice is insufficient, ineffective and unsuitable in guaranteeing the safeguard to fair trial and justice. In the absence of fair trial and justice, the rule of law, human rights and consequently the idea of justice becomes illusionary.

What's emotion got to do with it? Reflections on the buildings of the Portuguese (Family) Courts.

Courthouses, as public edifices, serve as the physical backdrop for the administration of justice. Simultaneously, they are spaces inhabited and visited by a diverse array of court users, ranging from judicial professionals to litigants. This article explores the nuanced interplay between courthouse spaces and the emotional experiences they generate. It starts by surveying existing studies that examine such an intricate relationship. Then, and by drawing from a sample of interviews conducted across two distinct time periods (2010-2011 and 2017-2019) in Portugal, the article delves into the lived experiences of judges, prosecutors, and litigants. Their narratives provide a multifaceted view of the emotional experiences associated with the Portuguese (Family) Court buildings. To analyse these experiences, I turn to Henri Lefebvre's concept of lived space. Lived space refers to the emotions, memories, and interactions within a particular spatial context. Such dimension, in relation to courthouses, directly connects to the lived experience of legitimacy loss and low self-esteem affecting decision-making, on the one hand, and estrangement and rights' exclusion, on the other hand, felt by those subjects. By investigating how the spatial configurations of courthouses shape our emotions, we gain insights into the profound impact of such built environments on our understanding of the justice system, and the physical and symbolic obstacles in accessing it.

Restorative justice and social justice: an international perspective

ABSTRACT This article examines the relationships between restorative justice and social justice from a global viewpoint. Restorative justice, traditionally viewed as a transformative approach within criminal justice systems, is constructed as a catalyst for broader social justice reforms. Drawing on data from a series of online workshops, including participants from North America, Europe, and Africa, reflexive thematic analysis was used to generate perspectives on how restorative practices address social injustices. Findings highlight varied interpretations across different socio-political contexts, suggesting that although restorative justice may inherently hold transformative potential, its efficacy in fostering social justice is contingent on conscious integration of social justice considerations. This article contributes to the ongoing debate on the role of restorative justice in societal change, arguing that a nuanced application, which acknowledges the complexities of social injustices, can enhance impact beyond individual cases, and contribute meaningfully to the pursuit of social justice on a broader scale.

High- or low-risk prisoner, high- or low-risk ex-offender? Assessing the predictive validity of the level of service/risk-need-responsivity (LS/RNR) instrument among different subgroups of Danish prisoners

The use of risk assessment tools such as the level of service/risk-need-responsivity (LS/RNR) has spread in criminal justice systems across the world. Although risk assessments have been implemented in many European jurisdictions, there is still a need for empirical knowledge on the applicability of the instruments in these geographical contexts. In this study, we follow the first cohorts of Danish prisoners who were assessed with LS/RNR ( N = 4075) and evaluate the predictive validity of recidivism within 24 months from prison release. The results suggest that LS/RNR is a medium-strong predictor of recidivism when evaluated with standard methods. However, we also find large differences in recidivism outcomes between subgroups (defined by age and minority background) within identical risk levels, and we discuss the implications of these findings for research and practice.

Implementation of Legal Quality Audit on Electronic Civil Trial Procedures (E-Court)

Currently, electronic court (e-court) systems are being implemented in several countries. The Supreme Court in Indonesia has also been adopted e-court for legal administration tasks, such as determining judicial panel compositions. A qualitative approach is proposed to explore the implementation itself. The concept and characteristics of the Special Legal Quality Audit System for electronic justice arrangements (E-court) encourage the realization of an effective and fair Civil Justice System. The concept in this context is a philosophical aspect that serves as the source of the Legal Quality Assurance Paradigm, including: defect-free (deficiency), customer satisfaction, and continuous improvement without end. This concept is elaborated in parameters that are measured or evaluated to determine the quality level and make improvements to increase the level of quality. The quality parameters used by the researcherinclude: product reliability, minimal cost, accessibility, security, service friendliness, systematicity, and keeping pace with global developments.

Psychopathy checklist-youth version scores and recurring victimisation by an intimate partner in a justice-involved sample: A comparison of young men and women using longitudinal data.

People involved in the criminal justice system are at increased risk of recurring intimate partner violent (IPV) victimisation. Experience of trauma is linked to a variety of negative outcomes, including repeated experiences, so it is important to identify factors that may distinguish non-victims, single-event victims and recurring victims at an early stage as this could hold potential for intervention efforts. Research studies have identified individual-level risk factors for IPV victimisation but have not investigated psychopathy traits or sex differences. To examine sex differences in psychopathy scores and later IPV victimisation. Using the Pathways to Desistance study, a longitudinal study of 1354 adjudicated adolescent offenders, relationships between psychopathy checklist-youth version (PCL-YV) scores measured during the baseline wave, independent/control variables in wave 6 and self-reported IPV victimisation in wave 7 were explored using multinomial regression models. Among justice-involved young adults (average age 19), PCL-YV scores differentiated between non-victims, single-event victims and recurring victims. Higher total scores and higher ratings on the antisocial behaviours facet of psychopathy significantly increased the relative risk of recurring victimisation by an intimate partner overall, and specifically of emotional or physical intimate partner violence. For the young women but not the young men, a higher scoring on the interpersonal manipulation facet of psychopathy specifically increased the relative risk of being a recurring victim of any intimate partner violence. Sex-specific differences in relationships between high PVL-YV scores and recurring IPV victimisation can be used to screen for risk of repeated trauma for justice-involved young adults, which may change a trajectory of continued involvement in the criminal justice system to a trajectory of resilience and recovery.

Urgency of Falsum in Indonesian Criminal Justice System as Basis for Revision; An Islamic Perspective

In Indonesian Islamic law, "falsum" has no direct equivalent. However, this idea matters in legal debates of beliefs, utterances, and behaviors. Falsum corrects final decisions in Germany and the Dutch during Revision. Indonesian prosecutors might request Revision, but the Constitutional Court limited this power to convicts and their descendants, extending unfairness. Revision should remedy bribery, document forgery, conflict of interest, and perjury by using the idea of falsum. However, falsum implementation in Indonesia raises problems about its compatibility with Islamic values. The study investigates how addressing falsum, in accordance with the principles of justice and utility, can lead to fairer legal reforms and bolster public confidence in the judiciary, especially within Indonesia's predominantly Muslim community. It examines the possibilities and drawbacks of legalizing falsum in Indonesia using normative, theoretical, and comparative approaches. It contends that the notion of falsum can provide a persuasive rationale for legal reforms in Indonesia's criminal court system. It also enables law enforcement officials and future drafters of the Criminal Procedure Code (KUHAP) to understand the evolution of Revision because granting prosecutors the authority to initiate Revision based on falsum is crucial for ensuring greater justice.

تسوية المنازعات في القانون التجاري - على ضوء القانون رقم 95.17

Mechanisms for settling commercial disputes have become one of the manifestations of legal and economic thinking at world level, a desired tool for regulating and stimulating national and international trade, and an important and essential factor in increasing the flow of investment and alleviating the burden on the national judicial system, prompting the various countries - at the highest level - to attach great interest to this peaceful means. In this respect, the high speech of His Majesty King Mohammed VI on the occasion of the opening of the judicial year on 29 January 2003 in Agadir affirmed the following: ‘.... Thus, in accordance with Our firm desire to continue working to promote investment and in application of Our directives set out in the letter We sent to Our Prime Minister to this effect, we invite Our Government to continue its efforts to modernise the justice system, by rationalising work, simplifying procedures and ensuring the widespread use of information technology. It is also necessary to diversify the procedures for the consensual settlement of disputes that arise between partners in commercial transactions, by proceeding, with all due speed, to draw up a draft law on national and international commercial arbitration, which will enable our judicial system to meet the requirements of globalisation and economic competitiveness, and to help attract foreign investment’. In his speech on the occasion of the anniversary of the Revolution of the King and the People on 20 August 2009 in Tétouan, His Majesty added that: ‘...At the same time, alternative dispute resolution methods such as mediation, arbitration and conciliation should be developed, alternative sentences should be applied and local justice should be reviewed....’. Then the speech of 14 October 2022, which stated: ‘Today, we are banking on productive investment as an essential lever for reviving the national economy and anchoring Morocco in promising sectors’.

Justice as a means of ensuring of the rule of law principle implementation

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests. The key historical, political, economic and European integration factors determining the state of the epistemology of the judicial system in Ukraine have been established and characterized. Attention is focused on the consequences of the soviet past, including distrust of the judicial system and a low legal culture. The influence of political factors is considered and relevant examples are given; the consequences of these factors for justice are indicated. Economic factors increasing corruption risks are analyzed. The importance of European integration processes in reforming the judicial power is covered separately. Attention is focused on the importance of the independence of courts, access to justice and the quality of court decisions as key elements of implementing the rule of law principle. The role of justice in the legal culture formation and equality before the law ensuring is also considered. Provisions reflecting the role of justice in ensuring the rule of law are indicated: protection of human rights and freedoms; ensuring equality of all before the law; interpretation and application of the law; control over the legality of state authorities’ activity; formation of legal culture. It is summarized that justice plays a central role in ensuring the implementation of the principle of the rule of law by ensuring the independence of courts, access to justice for all citizens, high quality of court decisions and their effective implementation. All these elements are an integral part of a law-based state, where the rule of law is the basic principle of society and the state functioning.

Legal Study Analysis of Criminal Law Policy in the Implementation of Integrated Assessment for Drug Abusers based on Law Number 35 of 2009 Concerning Narcotics

Drug crimes pose a serious threat with detrimental effects on the global community, including Indonesia. Drugs are classified as extraordinary crimes that harm physical, mental, social, and economic health. Drug abusers are not criminals who should be imprisoned but individuals who need medical and social rehabilitation, as regulated in Law Number 35 of 2009 on Narcotics. However, the implementation of rehabilitation faces challenges, such as a lack of synchronization among law enforcement agencies and the low number of abusers receiving rehabilitation. This study uses normative juridical research methods with a statute approach, conceptual approach, and case approach. Secondary data were obtained from legal literature and relevant regulations. The results of the study show that the integrated assessment mechanism, involving both medical and legal evaluations, plays a crucial role in determining whether drug abusers are eligible for rehabilitation or imprisonment. However, various obstacles hinder its implementation, such as differing legal interpretations, sectoral egos among institutions, and inconsistencies in placing drug abusers in rehabilitation centers. Moreover, the criminal law policy that prioritizes rehabilitation as a solution requires reform to be more effective in preventing drug-related crimes. The study recommends improving coordination among law enforcement agencies and revising regulations to ensure rehabilitation is prioritized in handling drug abuse cases, aiming to create a more humane and effective justice system.