Putting Coercive Control into Practice: Problems and Possibilities

Abstract There is growing international interest in translating Stark’s concept of coercive control into criminal justice policy and practice. In December 2015 an offence of coercive control was introduced in England and Wales. This paper offers an empirical investigation of the problems and possibilities associated with the translation of this offence into practice in one police force area in England. The findings offer some scope for optimism in response to patterns of abuse, but they also support the view that the current gender-neutral version of the legislation requires revision; there is a need for greater resourcing and training to improve understandings of the nature and impact of coercive control at all points of contact within the criminal justice process and finally, it remains the case that effective responses to domestic abuse need to be genuinely holistic.

Download Full-text

RESTORATIVE JUSTICE DALAM UNDANG-UNDANG SPPA: IMPLIKASINYA BAGI PEKERJAAN SOSIAL

LITIGASI ◽

10.23969/litigasi.v16i2.39 ◽

2016 ◽

Vol 16 (2) ◽

Author(s):

Edi Suharto

Keyword(s):

Criminal Justice ◽

Juvenile Justice ◽

Social Workers ◽

Restorative Justice ◽

Institutional Quality ◽

Social Welfare Services ◽

Justice Process ◽

Criminal Justice Process ◽

And Training

Act No. 11 Year 2012 on the Juvenile Justice Systemthat now come into force, grounded in the concept of restorative justice. Restorative justice is the completion of the criminal case together relevant parties in order to seek a fair settlement with the emphasis on restoring back to its original state. To achieve this restorative justice efforts for settling disputes diversion or transfer of children from the criminal justice process to the outside of the criminal justice process. At this diversion efforts have implications for social work. If previously a social worker who has a small role for children in conflict with the law (ABH), it is now a greater role. So it is necessary to enhance the quality and quantity of social workers. Improved quality and quantity must be followed by efforts such as education and training. Institutional quality of social welfare services should also be strengthened because it is the institution that will hold ABH when diversion efforts agreed by the parties.Keyword: Restorative Justice; Diversion; Social Workers ABSTRAKUU SPPA yang sekarang mulai berlaku, berpijak pada paradigma restorative justice. Restorative justice merupakan penyelesaian perkara tindak pidana bersama-sama pihak terkait dalam rangka mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula. Untuk mencapai keadilan restoratif ini dilakukan upaya diversi atau pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses di luar peradilan pidana. Pada upaya diversi inilah memiliki dampak bagi pekerjaan sosial. Jika sebelumnya pekerja sosial mempunyai peranan yang kecil kepada anak yang berhadapan dengan hukum (ABH), maka kini peranannya lebih besar. Sehingga dibutuhkan peningkatan kualitas maupun kuantitas. Peningkatan kualitas maupun kuantitas harus diikuti dengan upaya seperti pendidikan dan pelatihan. Kualitas kelembagaan pelayanan kesejahteraan sosial juga harus diperkuat karena lembaga inilah yang akan menampung ABH ketika upaya diversi disepakati para pihak.Kata Kunci: Restoratif Justice; Diversi; Pekerja Sosial

Download Full-text

Why Do Criminal Trials ‘Crack’? An Empirical Investigation of Late Guilty Pleas in Hong Kong

Asian Journal of Comparative Law ◽

10.1017/asjcl.2017.27 ◽

2018 ◽

Vol 13 (1) ◽

pp. 1-25 ◽

Cited By ~ 2

Author(s):

Kevin Kwok-yin CHENG ◽

Wing Hong CHUI ◽

Simon N M YOUNG ◽

Rebecca ONG

Keyword(s):

Hong Kong ◽

Criminal Justice ◽

Empirical Investigation ◽

Publicly Funded ◽

Criminal Trials ◽

Mixed Methods Approach ◽

Public Resources ◽

Societal Problem ◽

Justice Process ◽

Criminal Justice Process

Abstract‘Cracked trials’, where defendants enter a late guilty plea after a trial date has been set, are considered a societal problem because public resources set aside for trials are wasted. Various government reports attribute the main cause to tactical defendants playing the system, and reforms have been initiated to encourage early guilty pleas and strongly discourage late ones. The aim of the present study is to investigate the reasons for cracked trials in the Hong Kong context, insofar as the reasons for late guilty pleas can be investigated without the influence of reforms seen in other jurisdictions used to discourage late pleas. A mixed methods approach of courtroom observations and interviews with defendants was adopted. We find that defendants who were represented by publicly-funded lawyers or who were in prolonged pre-trial detention were more disposed to changing their pleas. Subsequent interviews illustrate why these factors are salient. The findings support the notion that it is the pressures of the criminal justice process that lead defendants to ‘crack’ and highlight the costs to defendants for decisions on how to plead that are influenced by considerations other than actual culpability.

Download Full-text

Victimization and revictimization

10.1093/oxfordhb/9780190213633.013.14 ◽

2017 ◽

Author(s):

Sandra Walklate ◽

Jody Clay-Warner

Keyword(s):

Criminal Justice ◽

Sexual Assault ◽

Data Sources ◽

Policy And Practice ◽

Policy Interventions ◽

Key Points ◽

International Data ◽

Justice Process ◽

Criminal Justice Process ◽

Assault Victims

Central to understanding the experiences of sexual assault victims is the phenomenon of revictimization, in which victims feel victimized not only from the assault but also from their experiences of the criminal justice process. This essay discusses the nature and extent of victimization as a result of sexual assault from national and international data sources. It considers the key points at which such victims experience revictimization from their contact with the criminal justice process. It analyses the success of policy interventions designed to have an impact on those experiences. Underpinning this analysis is the concept of gender. The authors demonstrate the extent to which gendered assumptions embedded in policy and practice still frame the experiences of sexual assault victims.

Download Full-text

PERWUJUDAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK MELALUI DIVERSI

10.31219/osf.io/snd3c ◽

2017 ◽

Author(s):

Kristina Agustiani Sianturi

Keyword(s):

Criminal Justice ◽

Restorative Justice ◽

Justice System ◽

The Other ◽

Public Prosecutor ◽

Juvenile Deliquency ◽

Justice Process ◽

Criminal Justice Process ◽

The Law ◽

And Training

Every year, children in conflict with the law increases so it is needed to handle an alternative in the way to enforce restorative justice. Bill Number 11 0f 2012 concerning Juvinele Justice System which is accomodated to handle Juvenile Deliquency for diversion. This regulation defines diversion is the transfer of the settlement of the child to the criminal justice process outside the criminal justice process. Diversion obligates to be done by officers started from police investigator, public prosecutor until judge. The important of handling of diversion process for children in conflict with the law needed a commitment for every single officers to apply diversion process. On the other hand, education and training should be given to every officers especially police investigator, public prosecutor even judge relates handling children in conflict with the law.

Download Full-text

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

Edinburgh Law Review ◽

10.3366/elr.2002.6.1.25 ◽

2002 ◽

Vol 6 (1) ◽

pp. 25-45 ◽

Cited By ~ 2

Author(s):

Peter Duff

Keyword(s):

Criminal Justice ◽

Criminal Trial ◽

Presumption Of Innocence ◽

Justice Process ◽

Criminal Justice Process ◽

The Creation ◽

The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

Download Full-text