The impact of DNA on criminal investigation

2016 ◽  
Vol 7 (3) ◽  
pp. 105-108
Author(s):  
Colin Dale

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.

2017 ◽  
Vol 13 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Verl Anderson ◽  
Riki Ichiho

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.


Author(s):  
Jessica Jacobson ◽  
Phillip Sabuni ◽  
Jenny Talbot

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.


Author(s):  
Jordan C. Pickering

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.


2015 ◽  
Vol 6 (3/4) ◽  
pp. 175-186
Author(s):  
Fellex Mediseni ◽  
Michael Brown

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.


Author(s):  
Vanessa Louise Shaw

Purpose – The purpose of this paper is to improve the health and criminal justice outcomes for people who come into contact with the criminal justice system. People with learning disabilities (LD) are particularly vulnerable to health and social inequalities within the criminal justice system. Design/methodology/approach – Using examples from practice, this paper discusses some of the challenges and achievements experienced by a LD nurse employed within a liaison and diversion service within the North-West of England. Findings – Whilst the specific functions of liaison and diversion practitioners are detailed by National Health Service (NHS) England (2014), complexities in communication, multi-disciplinary working and role recognition affect the embedment of the role in practice. Research limitations/implications – The implications for practice are identified and recommendations for further research made. These seek to evaluate the impact of liaison and diversion services from the perspectives of LD nurses within liaison and diversion services, people with LD, their families and the wider multi-disciplinary team. Originality/value – NHS England (2015) are in the process of evaluating of liaison and diversion services. This paper adds to the evaluation by discussing the experiences of a LD nurse within a liaison and diversion service through the inclusion of activity data and illustrative examples.


2016 ◽  
Vol 12 (3) ◽  
pp. 129-134 ◽  
Author(s):  
Dorothy Newbury-Birch ◽  
Grant J. McGeechan ◽  
Aisha Holloway

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.


2019 ◽  
Vol 19 (1) ◽  
pp. 23-28 ◽  
Author(s):  
Stephen Morris

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.


2016 ◽  
Vol 2 (3) ◽  
pp. 185-195 ◽  
Author(s):  
Terese Henning

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.


2015 ◽  
Vol 6 (2) ◽  
pp. 112-124 ◽  
Author(s):  
Amanda Kirby ◽  
Lisette Saunders

Purpose – The purpose of this paper is to describe first the rationale for an embedded process for learning difficulties and disabilities in the criminal justice system (CJS). This is followed by an example of how this approach has been delivered in one offender setting. The use of a novel computerised assessment tool is described, and the way it has been used to undertake the initial screening processes and provide person centred guidance for staff and the individuals. The bio-psychosocial approach to supporting individuals moving through the CJS is suggested as an approach that could be potentially used in other prisons settings. The paper also highlights some of the current challenges in doing so. Design/methodology/approach – This paper presents a review of the currently literature to provide a rationale for the example of the embedded approach taken. Findings – The approach, aligns to the challenges cited in much of the research. Practical implications – The model presented can be used as a basis for potentially delivering such a system in other prisons settings and to highlight areas that remain contentious. Social implications – The embedded model represents a bio-psychosocial approach to supporting individuals moving through the CJS so has important implications. Originality/value – This is novel approach.


2015 ◽  
Vol 35 (5/6) ◽  
pp. 290-305 ◽  
Author(s):  
Philip Whitehead

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.


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