Sentencing offenders with mental impairment: the case of arsonists with intellectual disability

2014 ◽  
Vol 5 (2) ◽  
pp. 78-87 ◽  
Author(s):  
Ashlee Curtis ◽  
Keith McVilly ◽  
Andrew Day
Keyword(s):  
Intellectual Disability ◽  
Justice System ◽  
Design Methodology ◽  
Case Law ◽  
Mental Impairment ◽  
Content Type ◽  
General Deterrence ◽  
Moral Culpability ◽  
Low Levels ◽  
Insight Into

Purpose – Offenders with intellectual disability (ID) who commit arson and other acts of fire setting are over-represented in the criminal justice system in Australia, as in many other jurisdictions. The purpose of this paper is to provide insight into the judicial considerations that influence sentencing in these cases. Design/methodology/approach – Case law was utilised to locate and analyse judges’ sentencing remarks for offenders with ID found guilty of an offence of arson. These data were subject to Inductive Content Analysis to establish the major judicial considerations in sentencing. Findings – Seven common issues emerged: general deterrence, seriousness of arson, rehabilitation, sentencing options, moral culpability, protection of the community, and punishment. Judges noted that they handed down reduced sentences to persons with ID relative to the severity of their offending, that they considered people with ID to have low levels of moral culpability, and that these offenders did not provide good examples for community deterrence. Originality/value – The current study highlights the need for judges to have available a range of sentencing options, including diversion and treatment/rehabilitation programmes for persons with ID, particularly for those involved in more serious offences such as arson.

Formation of contracts for the international sale of goods under Korean law and the CISG

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee
Keyword(s):  
Comparative Study ◽  
Design Methodology ◽  
Case Law ◽  
The Other ◽  
Basic Question ◽  
Content Type ◽  
International Sale Of Goods ◽  
The Comparative Study ◽  
International Sales ◽  
Insight Into

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

The anti-social behaviour, crime and policing act in practice – a practitioner perspective

2016 ◽  
Vol 15 (4) ◽  
pp. 176-182
Author(s):  
Kirsty Varley
Keyword(s):  
Social Housing ◽  
Social Behaviour ◽  
Design Methodology ◽  
Case Law ◽  
Press Coverage ◽  
Content Type ◽  
Insight Into ◽  
The Way

Purpose The purpose of this paper is to offer a practitioner’s perspective to the Anti-Social Behaviour Crime and Policing Act 2014. Many of the new sections are now in force and three in particular have been of interest to me in the last 12-18 months. Design/methodology/approach The paper is written on the basis of the author’s own knowledge, experience and cases that the author has dealt with under the new legislation. Where cases have been published the author has included the relevant links to press coverage. Findings The financial limitations upon registered provides of social housing (RPs) will affect the way in which they conduct litigation and so might mean that RPs are less likely to want to take risks in court. The new grounds have not faced meaningful challenge yet, and so their use might be limited until case law is developed and settled to provide more certainty in this area. Originality/value The perspective is the author’s own and has been written solely by the author for this specific purpose. It is hoped that this will offer insight into the development of anti-social behaviour/housing law and how practitioners view the changes now that they are in force.

Prescriptive strategies to combat corruption within the administration of justice sector in Nigeria

2017 ◽  
Vol 20 (1) ◽  
pp. 35-51 ◽  
Author(s):  
Gbenga Oduntan
Keyword(s):  
Justice System ◽  
Design Methodology ◽  
Empirical Studies ◽  
Vice President ◽  
Content Type ◽  
Original Analysis ◽  
Administration Of Justice ◽  
The Subject ◽  
Insight Into

Purpose A new republic has just begun in Nigeria in 2015 with the election of two anti-corruption crusaders as President and Vice president, respectively. Although very few empirical studies exist on the subject of corruption within the justice system in Nigeria the intolerable popular impression is that the machinery of justice in Nigeria is quite notoriously corrupt. The aim of this paper is to identify strategies and mechanisms that will enhance the professionalism, effectiveness, integrity, accountability and transparency of the organisations within Nigeria’s administration of justice system both at the federal and state levels including Ministries of Justice, the Police, the Prison Service, immigration, customs and even the Bar. Design/methodology/approach Literature research is used to examine the problem. The author looks at corruption in the context of Nigerian laws. He tabulates the offences within the scope of the prohibition against corruption in Nigeria, as well as the incidences of corruption within the various sections of the criminal justice system. The prescriptive recommendations are divided into short-, medium- and long-term measures. Findings That corruption is actually prevalent in all areas of the Nigerian justice system. It is crucial that an impression must be made by the new administration in this area within a very short frame of time to arrest the situation and to reverse the damage caused so far. Research limitations/implications Word limit has not enabled us to go into deeper analysis. Lack of objective studies done from within the Nigeria justice sector itself on the manifestation of corruption. Originality/value Very original analysis based on unique insight into the issue as academics, lawyers and practitioners within Nigerian anticorruption institutions.

scholarly journals Gendered assisted desistance: a decade from Corston

2018 ◽  
Vol 17 (2) ◽  
pp. 81-93 ◽  
Author(s):  
Una Mairead Barr
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Design Methodology ◽  
Qualitative Data ◽  
Binary Outcome ◽  
Content Type ◽  
Set Up ◽  
Community Projects ◽  
Insight Into

Purpose The purpose of this paper is to examine the role of assisted desistance from the perspective of women involved in the criminal justice system. It focusses on two community projects set up in the aftermath of the 2007 Corston Report, Northshire Women’s Centres (WCs) and the Housing for Northshire project. Design/methodology/approach Through analysis of a year of observation in these settings and 23 narrative interviews with staff and service users, the paper notes the differences between risk-focussed and desistance-focussed justice for women. Findings Neither projects are a panacea; however, they offer an insight into desistance-focussed practice. The findings would suggest that the projects provide social justice as opposed to criminal justice, particularly because of their flexible approach and awareness of the relational elements involved in female desistance. Originality/value The in-depth, qualitative data provided challenges the “payment by results” rhetoric which demands positivist research that promotes an understanding of desistance as a binary outcome. Implications for policy are considered.

scholarly journals Building conditions in Norwegian local governments: trends and determinants

Facilities ◽  
2019 ◽  
Vol 37 (3/4) ◽  
pp. 141-156 ◽  
Author(s):  
Arnt O. Hopland ◽  
Sturla Kvamsdal
Keyword(s):  
Local Governments ◽  
Design Methodology ◽  
Negative Relationship ◽  
Public Records ◽  
Content Type ◽  
Building Conditions ◽  
Public Facilities ◽  
Public Investments ◽  
Low Levels ◽  
Insight Into

PurposeIn light of evidence of low levels of maintenance of public buildings, this paper aims to investigate trends and determinants of public building conditions in Norwegian local governments.Design/methodology/approachThe authors consider data from surveys and public records in regression analyses.FindingsOn average, the condition of Norwegian local public facilities has improved slightly in the period 2004-2016. The survey data suggest substantial fluctuations in building conditions and a negative relationship between building conditions in 2004 and 2016. Local governments with poor building conditions in 2004 had higher investment in the following years. The authors find no systematic relationship between the conditions in 2004 and maintenance expenditures in subsequent years. They conclude that if maintenance levels are too low, the results suggest that investment levels are too high. Further, they find that both political and fiscal factors are important in explaining building conditions.Originality/valueThe authors provide insight into determinants and trends of building conditions in Norwegian local governments. The results hint at an unhealthy balance between maintenance spending and public investments.

Feasibility and reliability of screening on mild to borderline intellectual disabilities using SCIL through video-administration

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nienke Agnes Spaan ◽  
Matthijs Verzaal ◽  
Hendrien Lourine Kaal
Keyword(s):  
Health Care ◽  
Learning Disabilities ◽  
Intellectual Disability ◽  
Criminal Justice ◽  
Justice System ◽  
Design Methodology ◽  
Weighted Kappa ◽  
Content Type ◽  
Face To Face ◽  
Video Link

Purpose In the Netherlands, the Screener for Intelligence and Learning Disabilities (SCIL) was developed to aid recognition of mild to borderline intellectual disability (MBID) early in the criminal justice system or health-care trajectory. In situations where physically meeting the suspect or client is not feasible, administration of the SCIL using a video-link might be a solution. This paper aims to examine whether the SCIL is still reliable when administered remotely instead of face-to-face. Design/methodology/approach The SCIL was administered twice to a total of 89 respondents: once face-to-face, once using a video link, in varying order and with an interval of at least six weeks. A laptop with a Skype connection was used for the remote administration, while an assistant was present to make sure the respondents did not have to perform technical actions. After the second SCIL administration, respondents were asked to answer a series of evaluation questions. Findings Respondents were generally satisfied with both methods of administration of the SCIL. However, they were in general more positive about face-to-face administration. Nevertheless, most respondents would be willing to undergo administration through video-link in future. On average, respondents scored slightly lower on the SCIL when administered remotely (µ = 16.31, SE = 0 0.77) than with face-to-face administration (µ = 16.94, SE = 0.78), t(88) = 2.47, p = 0 0.015. Calculation of the reliability of the assessment “suspected MBID” showed a (linear weighted) Kappa of 0.77, p = 0.000, 95% RI: 0.64-0.90. Originality/value The results of this study show that with some caution, the SCIL can be administered remotely. When doing this, the SCIL will only lead to a small number of respondents being wrongly labelled as “suspected MBID”.

Identifying offenders with an intellectual disability in detention in The Netherlands

2015 ◽  
Vol 6 (2) ◽  
pp. 94-101 ◽  
Author(s):  
Hendrien L. Kaal ◽  
Henk L.I. Nijman ◽  
Xavier M.H. Moonen
Keyword(s):  
Learning Disabilities ◽  
Intellectual Disability ◽  
The Netherlands ◽  
Intellectual Disabilities ◽  
Design Methodology ◽  
Added Value ◽  
Research Projects ◽  
Content Type ◽  
Insight Into ◽  
Shed Light

Purpose – The Dutch Custodial Institutions Agency has commissioned a number of research projects on offenders with intellectual disabilities (ID) in prison. A continuing problem has been that it is not known what the prevalence of ID in Dutch prisons is, and how to identify ID in individual detainees. The paper aims to discuss these issues. Design/methodology/approach – With this in mind a screening instrument (screener for learning disabilities and intelligence (SCIL)) has been developed that screens for IQ < 85. This instrument has been piloted in four different penitentiary institutes. Findings – The papers briefly describes the results of the studies preceding the pilot before turning to the pilot itself. The pilot shed light on what considerations need to be taken into account when implement screening for ID in the current prison system, and on the potential added value for prison staff of knowing whether a detainee possibly has an ID. In addition, the pilot gave some insight into the characteristics of Dutch prisoners. Originality/value – The main conclusion is that the SCIL can be successfully implemented within these settings, provided that sufficient attention is being paid to the advance instructions to staff and to the introduction of the screening to the detainees.

Rethinking bibliographic utilities for library consortia

2020 ◽  
Vol 37 (8) ◽  
pp. 7-9
Author(s):  
Israel Odede
Keyword(s):  
Literature Review ◽  
Paradigm Shift ◽  
Design Methodology ◽  
Distributed Network ◽  
Network Resources ◽  
Content Type ◽  
Library Consortia ◽  
Individual Ownership ◽  
Insight Into

Purpose The paper aims to critically examine the bibliographic utility as a roadmap to increase library consortia and provide an insight into a new library consortia strategy that integrates librarians into a system of sharing both resources and knowledge. Design/methodology/approach This study adopted a literature review approach with a focus on bibliographic utility as a necessary prerequisite for effective library consortia, which is a paradigm shift from the concept of individual ownership to a collective access of distributed network resources and knowledge. Findings The reviewed literature indicated that significant bibliographic utilities and integrated library systems are factors that shaped and developed consortia activities in libraries. Originality/value The bibliographic utility has limited literature, and a few published scholarly studies have combined bibliographic utility and library consortia as strategies to share resources and knowledge

Professionals freaking out: the case of accreditation in Dutch higher education

2009 ◽  
Vol 21 (5) ◽  
pp. 473-485 ◽  
Author(s):  
Everard van Kemenade ◽  
Teun W. Hardjono
Keyword(s):  
The Netherlands ◽  
Design Methodology ◽  
Iso 9000 ◽  
Preliminary Survey ◽  
External Evaluation ◽  
Content Type ◽  
Evaluation Systems ◽  
System A ◽  
Engineering And Technology ◽  
Insight Into

PurposeThe purpose of this paper is to define what factors cause willingness and/or resistance among lecturers in universities towards external evaluation systems, especially accreditation.Design/methodology/approachA model has been designed to describe possible factors of willingness and/or resistance towards accreditation based on Ajzen and Metselaar. A literature review has been undertaken on the effects of external evaluation like ISO 9000 as well as accreditation systems such as Accreditation Board for Engineering and Technology and European Quality Improvement System. A questionnaire has been administered to a group of 63 lecturers from three departments at Fontys University in The Netherlands. The results of this preliminary survey have been presented to 1,500 academics in The Netherlands and Flanders to collect empirical data.FindingsResistance to accreditation can be found in the consequences of accreditation for the work of the lecturer (workload), negative emotions (stress and insecurity); the lack of knowledge and experience (help from specialists is needed); and lack of acceptance (other paradigm).Originality/valueThe paper provides more insight into the difficulties that organizations, especially universities, have to commit their employees to external evaluation. It might be possible to generalize the findings to other professionals in other organizations. Little research in this field has been undertaken so far.

scholarly journals The future of financial markets and regulation: what strategy for Europe?

foresight ◽  
2014 ◽  
Vol 16 (2) ◽  
pp. 95-108 ◽  
Author(s):  
Jean-Baptiste Gossé ◽  
Dominique Plihon
Keyword(s):  
Financial Markets ◽  
Capital Market ◽  
Financial Stability ◽  
Design Methodology ◽  
Financial Integration ◽  
Content Type ◽  
Realistic Option ◽  
The Future ◽  
Unstable Environment ◽  
Insight Into

Purpose – This article aims to provide insight into the future of financial markets and regulation in order to define what would be the best strategy for Europe. Design/methodology/approach – First the authors define the potential changes in financial markets and then the tools available for the regulator to tame them. Finally, they build five scenarios according to the main evolutions observed on the financial markets and on the tools used by the regulator to modify these trends. Findings – Among the five scenarios defined, two present highly unstable features since the regulator refuses to choose between financial opening and independently determining how to regulate finance in order to preserve financial stability. Three of them achieve financial stability. However, they are more or less efficient or feasible. In terms of market efficiency, the multi-polar scenario is the best and the fragmentation scenario is the worst, since gains of integration depend on the size of the new capital market. Regarding sovereignty of regulation, fragmentation is the best scenario and the multi-polar scenario is the worst, because it necessitates coordination at the global level which implies moving further away from respective national preferences. However, the more realistic option seems to be the regionalisation scenario: this level of coordination seems much more realistic than the global one; the market should be of sufficient size to enjoy substantial benefits of integration. Nevertheless, the “European government” might gradually increase the degree of financial integration outside Europe in line with the degree of cooperation with the rest of the world. Originality/value – Foresight studies on financial markets and regulation are quite rare. This may be explained by the difficulty to forecast what will be their evolution in the coming decades, not least because finance is fundamentally unstable. This paper provides a framework to consider what could be the best strategy of regulators in such an unstable environment.

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