Yes, has no meaning if you can’t say no: consent and crime in the chemsex context

2019 ◽  
Vol 19 (1) ◽  
pp. 23-28 ◽  
Author(s):  
Stephen Morris
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Personal Perspective ◽  
Sexual Offences ◽  
Research Project ◽  
Content Type ◽  
Criminal Justice Response ◽  
Personal Viewpoint

Purpose The title of this paper is a statement made by a man at the end of his treatment following conviction for several sexual offences. It is powerful in conveying a simple and accurate meaning of consent. Legally, consent is not complicated and can be simply defined as: permission for something to happen or agreement to do something. The context of consent, however, is complicated and complex none more so than when it becomes an issue within chemsex. If we are to gain a full appreciation of consent-related complexity, we must also gain an understanding of the wider picture concerning chemsex and crime. The purpose of this paper is to provide that wider picture. With the exception of breaching of drug-related law, not all men who engage in chemsex are committing offences but, as we are discovering, a not insignificant percentage are and this needs to be cause for concern. Design/methodology/approach This study is a review and a personal perspective of the development of a criminal justice response to crime within the chemsex context. Findings This was a personal viewpoint, not a research project; therefore, there were no definitive findings. Originality/value This paper addresses lack of awareness within the criminal justice system in relation to chemsex, and the associated vulnerabilities. This work is original because there is a shortage of published work on the rise in chemsex-related crimes.

scholarly journals Disability and the criminal justice system in Zambia

2017 ◽  
Vol 8 (2) ◽  
pp. 59-69
Author(s):  
Jessica Jacobson ◽  
Phillip Sabuni ◽  
Jenny Talbot
Keyword(s):  
Health Care ◽  
Criminal Justice ◽  
Focus Group ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
The Self ◽  
Content Type ◽  
Research Activities ◽  
The Family

Purpose Drawing on multi-method research conducted in 2013-2014, the purpose of this paper is to consider the extent and nature of disadvantage experienced by individuals with psychosocial and intellectual disabilities (PID) who come into contact with the criminal justice system in Zambia. The research was conducted as part of a wider project aiming to bring about improvements in how people with PID are dealt with by the criminal justice services. Design/methodology/approach The research activities included interviews with 29 individuals with PID who had experienced the criminal justice system as suspects, defendants or prisoners (“self-advocates”). A focus group and interviews were also conducted with the family members of people with PID who had criminal justice experience. Findings People with PID in contact with the criminal justice services in Zambia are disadvantaged and discriminated against routinely and systematically. Like all detainees, they experience harsh and at times brutal conditions of detention. However, because of their disabilities, such experiences can be more keenly felt: their disabilities may be exacerbated by detention or by limited or non-existent health care; and they are likely to be less resourceful than other detainees and, therefore, less able to cope with the privations of detention. Originality/value In drawing on the self-advocate interviews, this paper presents direct, vivid accounts of what it means to be a suspect, defendant or prisoner with disabilities in Zambia. These are extremely marginalised and multiply disadvantaged individuals whose voices are rarely heard.

Researching sensitive topics for the police – insights from the UK

2018 ◽  
Vol 4 (2) ◽  
pp. 89-100
Author(s):  
Colin Rogers
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Research Methods ◽  
Justice System ◽  
Social Implications ◽  
Sexual Offences ◽  
Content Type ◽  
Sensitive Areas ◽  
Sensitive Topics

Purpose The purpose of this paper is to illustrate how practical research can be undertaken into sensitive issues within the criminal justice system having cognisance of the needs of those subject to the research process. Design/methodology/approach A mixed methods design which was complicated due to the subject matter being explored, that of historical reporting of sexual offences. Confidential questionnaires and focus group method utilised, but in constant contact with specialised victim support service to ensure rights of victims understood and interwoven into the design. Findings Even though there are some very sensitive areas within the criminal justice system where it is believed research is difficult to undertake, it can be achieved by constant reference to the needs of the victim and strict confidentiality. Given the right circumstances and approach, research into what has been previously considered areas of difficulty can be researched effectively. Research limitations/implications Due to the research methods explored an utilised, a template for research methodology can be seen which can be transferred into any other sensitive topic that requires research. In addition, by undertaking this method, previously unheard voices of victims of historical crimes can be utilised to inform official policy and practice. However, a limitation of the approach can be the low number of respondents wishing to take part. Practical implications Victims have an opportunity to influence public policy. The methods utilised “opens up” the possibility for replication of research into other sensitive areas of the CJS. The methods utilised involved a number of Criminal Justice Agencies which assisted in maximising their understanding of victims experiences thorough the partnership approach. The research methods and results influencing training methods of the police as first responders to such incidents. Social implications The social implications of this paper are that it will encourage other researchers not to be afraid of what appears to be “hard to reach” and sensitive topics in terms of social science research. This will allow for greater numbers of marginalised individuals and victims to engage and influence the criminal justice system, thereby influencing public policy and improving the way victims of crime are treated. Originality/value This paper is one of the few, if any, that explores ethical problems and sensitive topics such as historical reporting of sexual offences. It will have resonance for those who wish to undertake similar types of research.

The needs of people with mild learning disabilities within the Scottish criminal justice system: a qualitative study of healthcare perspectives

2015 ◽  
Vol 6 (3/4) ◽  
pp. 175-186
Author(s):  
Fellex Mediseni ◽  
Michael Brown
Keyword(s):  
Learning Disabilities ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Thematic Analysis ◽  
Justice System ◽  
Design Methodology ◽  
Sampling Procedure ◽  
Structured Interviews ◽  
Content Type ◽  
System A

Purpose – The Purpose of this paper is to identify and explore the views and experiences of specialist learning disability (LD) health service professionals regarding the management of and support offered to people with LD when they come into contact with the Scottish criminal justice system (CJS). Design/methodology/approach – A qualitative design was adopted for this study due to the limited existing evidence in the area and the need to start to build and develop understanding of the phenomena under study. A purposive sampling procedure was used to select participants from an accessible population within one Scottish NHS Health Literature review, qualitative research, semi-structured interviews and thematic analysis. Findings – The findings identified three key themes challenges in practice; the need for additional resources; and the ability of services to provide management and support. Originality/value – The findings serve to contribute to the understanding of the role and contributions made by and required from specialist LD health services to manage and support people with LD in the Scottish CJS.

scholarly journals Climbing down the steps from the ivory tower: how UK academics and criminal justice practitioners need to work together on alcohol studies

2016 ◽  
Vol 12 (3) ◽  
pp. 129-134 ◽  
Author(s):  
Dorothy Newbury-Birch ◽  
Grant J. McGeechan ◽  
Aisha Holloway
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Primary Outcome ◽  
Ivory Tower ◽  
Risky Drinking ◽  
Content Type ◽  
Funding Agencies ◽  
The Uk

Purpose Evidence in the UK tells us that risky drinking is high amongst those in contact with the criminal justice system. The purpose of this paper is to explore the reasons why carrying out research around risky drinking in this setting is so difficult. Design/methodology/approach A commentary on the issues of carrying out research in the criminal justice setting. Findings There are issues of carrying out research in the criminal justice setting. The authors argue, that as academics we can be more proactive in working with practitioners in the design and carrying out of studies. By examining what the primary outcome of interest is to those that work in the field rather than what funding agencies tell us academics must use, academics may engage in a more co-productive way that enables everyone to achieve what they need. Moreover more work is needed to show how this approach can be achieved both in the UK and internationally. Originality/value This editorial explores some of the difficulties of carrying out alcohol research in the criminal justice system and postulates ways that this could be made easier.

Ameliorating vulnerability arising from involvement with criminal courts

2016 ◽  
Vol 2 (3) ◽  
pp. 185-195 ◽  
Author(s):  
Terese Henning
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Integrated Approach ◽  
Criminal Courts ◽  
Content Type ◽  
Network Program ◽  
Scholarly Discussion

Purpose The purpose of this paper is to provide an overview of major mechanisms instituted in Australia to ameliorate the experience of vulnerability arising as a corollary of involvement in Australian criminal courts as defendants, victims or witnesses of crime or family members/friends of such people. Design/methodology/approach The paper begins by providing an overview of two major categories of vulnerability within the criminal justice system – generally experienced vulnerability arising as a corollary of involvement in Australian criminal courts and attribute-based vulnerability. It focusses on the former locating it within a human rights framework. It then outlines dominant responses to this form of vulnerability. Finally it considers the potential for the Court Network program to achieve a more integrated approach to ameliorating this form of vulnerability. Findings The paper takes the view that major responses to systemic vulnerability in the criminal justice system fall short of adequately managing this form of vulnerability. It suggests that the Court Network model has the potential to address some lacunae in other responses and importantly to provide a gateway to them. Originality/value It explores an aspect of vulnerability that is now infrequently addressed and considers one option to supply lacunae in other major responses that has not yet been brought into the scholarly discussion in any significant way.

Payment by results: the materialist reconstruction of criminal justice

2015 ◽  
Vol 35 (5/6) ◽  
pp. 290-305 ◽  
Author(s):  
Philip Whitehead
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Critical Analysis ◽  
Justice System ◽  
Design Methodology ◽  
The Body ◽  
Content Type ◽  
The Core ◽  
Modern Capitalism ◽  
Late Modern

Purpose – The criminal justice system in England and Wales is being reconstructed on a new operating platform of which Payment by Results (PbR) is the material signifier. This critical historic transformation is occurring during a period of radical economic disruption and political restructuring after 2007-2008. PbR signals the deeper penetration of the core principles of capitalism into the body of the state and its welfare and criminal justice system. Conceptually a Lacanian-Žižekian framework is put to work to theorise these important transformations. The paper aims to discuss these issues. Design/methodology/approach – The design and methodology of this research paper utilises open sources and documentary materials on the development of PbR, in its application primarily to the criminal justice system. Findings – There is evidence that PbR, located within the wider context of capitalist reconstruction, is radically transforming the delivery of criminal justice services. Originality/value – This is the first critical analysis of PbR located within the context of late modern capitalism.

The impact of DNA on criminal investigation

2016 ◽  
Vol 7 (3) ◽  
pp. 105-108
Author(s):  
Colin Dale
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Ethical Issues ◽  
Dna Profiling ◽  
Content Type ◽  
First Case ◽  
The Impact

Purpose The purpose of this paper is to describe the discovery of the application of DNA profiling to the criminal justice system. Design/methodology/approach Researching the origins of the discovery of the application of DNA to the criminal justice system via an analysis of the first case in which it was applied to. Findings It was discovered that the first application of DNA profiling to the criminal justice system meant that a young man with intellectual disabilities was saved from wrongful prosecution. The case study also raises ethical issues concerning the mass screening of targeted populations by way of DNA. Originality/value The case study is descriptive in nature and draws from earlier work describing the events which unfolded.

Restorative justice a postcode lottery? – availability and quality of service

2015 ◽  
Vol 14 (3) ◽  
pp. 120-125 ◽  
Author(s):  
Ellie Acton
Keyword(s):  
Quality Of Service ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Design Methodology ◽  
Content Type ◽  
The Uk ◽  
Practical Implications ◽  
Personal Viewpoint

Purpose – The reinvigoration of restorative justice (RJ) within criminal justice has brought with it many opportunities but also significant challenges. The purpose of this paper is to explore the current considerations when providing a quality RJ service that meet the needs of victim, offender the community and the criminal justice system. Design/methodology/approach – This paper is a personal viewpoint of the author obtained from working nationally in the criminal justice arena specifically advising on RJ to police forces, police and crime commissioners and others. Findings – Findings suggest the provision of RJ in the UK is patchy, and the provision of a quality provision even more of a challenge. Practical implications – Consideration given to the need for quality not to be sacrificed in the advancement of RJ and some of the implications of this. Originality/value – Offers perspectives on the application of RJ in new and rapidly growing arenas.

“Collective violence” and honour in Finland: a survey for professionals

2018 ◽  
Vol 10 (4) ◽  
pp. 261-271 ◽  
Author(s):  
Satu Lidman ◽  
Tuuli Hong
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Criminal Code ◽  
Further Education ◽  
Influential Factor ◽  
Collective Violence ◽  
Content Type ◽  
Victim Services

Purpose The purpose of this paper is to report on how honour-related violence (HRV) is understood and managed by professionals in Finland, emphasising the need to consider collectivity as an influential factor. Therefore, this paper introduces the concept of “collective violence”. By investigating the level of awareness and recognition of these violence phenomena, this paper discusses both preventative and punitive measures that Finnish authorities are able to work with. Design/methodology/approach A total of 111 Finnish anti-violence professionals completed a survey that aimed to qualitatively investigate their perceptions of HRV and collectivity. Findings The findings of this study indicated that collective violence is generally poorly recognised among professionals in Finland. At present, both victim services and criminal justice system lack adequate structures to deal with issues of collective violence. These findings indicate that authorities need further education on HRV and collectivity, as well as debates on whether the criminal code should be amended to meet international requirements. Originality/value As this violence has been researched only sporadically in the Finnish context, this study provides new insight to under-researched area of honour-related and collective violence in Finland. These findings may assist other European countries dealing with similar issues as well as guiding preventative and punitive measures within the Finnish context.

Unlock imagined: arts in criminal justice

2019 ◽  
Vol 1 (2) ◽  
pp. 131-143
Author(s):  
Alison Frater
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Interdisciplinary Approach ◽  
Personal Perspective ◽  
Theoretical Understanding ◽  
The Arts ◽  
Optimistic Picture ◽  
The Uk ◽  
Causes Of Crime

Starting with a personal perspective this piece outlines the place and role of the arts in the criminal justice system in the UK. It paints an optimistic picture, though an unsettling one, because the imagination and reflexiveness of the arts reveals a great deal about the causes of crime and the consequences of incarceration. It raises questions about the transforming impact of the arts: how the benefits could, and should, be optimised and why evaluations of arts interventions are consistent in identifying the need for a non-coercive, more socially focused, paradigm for rehabilitation. It concludes that the deeper the arts are embedded in the criminal justice system the greater the benefits will be, that a more interdisciplinary approach would support better theoretical understanding, and that increased capacity to deliver arts in the criminal justice system is needed to offer more people a creative pathway out of crime.

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