scholarly journals Disability and the criminal justice system in Zambia

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.

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.


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 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.


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.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nienke Agnes Spaan ◽  
Matthijs Verzaal ◽  
Hendrien Lourine Kaal

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”.


2018 ◽  
Vol 10 (4) ◽  
pp. 261-271 ◽  
Author(s):  
Satu Lidman ◽  
Tuuli Hong

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.


1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke

Since the mid 1930's there has been an accelerating growth in understanding the nature and scope of alcohol abuse, and a modest increase in resources to combat it. Although, as early as 1869, a significant court decision held that alcoholism could be viewed as an illness, It was not until the second half of the 1960s that the next such findings, this time by Federal courts, set the course of continuing action to take alcoholism out of the criminal justice system and place it under the aegis of health care. The status of alcoholism legislation in thirty-eight states is examined, based on their resonse to a survey questionnaire and other data provided by the National Institute on Alcohol Abuse and Alcoholism. Alternate treatment systems, developed and tested by the Ontario Addictions Foundation, provide background to the treatment systems which have emerged in most states which have decriminalized public intoxication.


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