Chapter Six. The Impact Of Qisas And Diyat Law On The Administration Of Criminal Justice In Pakistan

2009 ◽  
pp. 239-282 ◽  
Keyword(s):  
Criminal Justice ◽  
The Impact

THE ADJUDICATION OF HOMICIDE IN COLONIAL GHANA: THE IMPACT OF THE KNOWLES MURDER CASE

2011 ◽  
Vol 52 (1) ◽  
pp. 85-104 ◽  
Author(s):  
ROGER GOCKING
Keyword(s):  
Criminal Justice ◽  
Gold Coast ◽  
The Other ◽  
Government Official ◽  
Jury Trial ◽  
Legal Counsel ◽  
Capital Crimes ◽  
The Right ◽  
Colonial Government ◽  
The Impact

ABSTRACTIn keeping with the law in place in the Colony of Ashanti in 1928, Dr Benjamin Knowles was tried and convicted for the murder of his wife without the benefit of a jury trial or the assistance of legal counsel. His trial and sentencing to death created outrage in both colonial Ghana and the metropole, and placed a spotlight on the adjudication of capital crimes in the colony. Inevitably, there were calls for reform of a system that could condemn an English government official to death without the benefit of the right to trial by a jury of his peers and counsel of his choice. Shortly after the Knowles trial, the colonial government did open up Ashanti to lawyers, and introduced other changes in the administration of criminal justice, but continued to refuse the introduction of jury trial. Nevertheless, the lasting impact of the Knowles trial was to make criminal adjudication in Ashanti, if anything, more lenient than the other area of colonial Ghana, the Gold Coast Colony.

scholarly journals The Gendered Path for Girls in Rural Communities: The Impact of COVID-19 on Youth Presenting at Juvenile Detention Facilities

2021 ◽  
pp. 001112872110226
Author(s):  
April N. Terry ◽  
Ashley Lockwood ◽  
Morgan Steele ◽  
Megan Milner
Keyword(s):  
Criminal Justice ◽  
Rural Communities ◽  
Juvenile Justice ◽  
Urban Areas ◽  
Juvenile Detention ◽  
Rural And Urban ◽  
Criminal Justice Systems ◽  
Court Processing ◽  
The Impact ◽  
Detention Facilities

Prior to the COVID-19 pandemic, girls and women represented one of the fastest growing populations within the juvenile and criminal justice systems. Since the spread of COVID-19, suggestions were provided to juvenile justice bodies, encouraging a reduction of youth arrests, detainments, and quicker court processing. Yet, the research comparing peri-COVID-19 changes for girls and boys is lacking, with an oversight to gender trends and rural and urban differences. This study used Juvenile Intake and Assessment Center (JIAC) data from a rural Midwestern state to look at rural and urban location trends for both boys and girls. Results suggest rural communities are responding differently to girls’ behaviors, revealing a slower decline in intakes compared to boys and youth in urban areas.

Overcoming the Challenges of Experimental Research: Lessons From a Criminal Justice Case Study Involving TASER Exposure

2018 ◽  
Vol 42 (3) ◽  
pp. 358-385 ◽  
Author(s):  
Natalie Todak ◽  
Michael D. White ◽  
Lisa M. Dario ◽  
Andrea R. Borrego
Keyword(s):  
Criminal Justice ◽  
Large Scale ◽  
Human Subjects ◽  
Controlled Trial ◽  
Human Subjects Research ◽  
Case Study Approach ◽  
Study Approach ◽  
Randomized Controlled ◽  
The Impact

Objective: To provide guidance to criminologists for conducting experiments in light of two common discouraging factors: the belief that they are overly time-consuming and the belief that they can compromise the ethical principles of human subjects’ research. Method: A case study approach is used, based on a large-scale randomized controlled trial experiment in which we exposed participants to a 5-s TASER shock, to describe how the authors overcame ethical, methodological, and logistical difficulties. Results: We derive four pieces of advice from our experiences carrying out this experimental trial: (1) know your limitations, (2) employ pilot testing, (3) remain flexible and patient, and (4) “hold the line” to maintain the integrity of the research and the safety of human subjects. Conclusions: Criminologists have an obligation to provide the best possible evidence regarding the impact and consequences of criminal justice practices and programs. Experiments, considered by many to be the gold standard of empirical research methodologies, should be used whenever possible in order to fulfill this obligation.

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

scholarly journals Feminist Methods and Sources in Criminology and Criminal Justice

2016 ◽  
Vol 16 (2) ◽  
pp. 102-107 ◽  
Author(s):  
Adrian Howe
Keyword(s):  
Social Sciences ◽  
Criminal Justice ◽  
Advanced Education ◽  
Justice Research ◽  
Legal Studies ◽  
The Social ◽  
Feminist Methods ◽  
Criminal Justice Research ◽  
The Impact ◽  
Criminology And Criminal Justice

AbstractThis article by Adrian Howe is based on a presentation given at the ‘Sources and Methods in Criminology and Criminal Justice Conference’ in November 2015, jointly sponsored by the Institute of Advanced Education and the Socio-Legal Studies Association. She begins by querying whether there are indeed distinct feminist methods in the social sciences. She outlines the impact of what she calls the ‘methodical revolution’ on the criminology discipline, Foucault's contribution and Foucauldian methodologies deployed in criminological and criminal justice research.

scholarly journals Kijibashik: Turn it Around

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Tenzin Butsang ◽  
Flora Matheson ◽  
Jerry Flores ◽  
Angela Mashford-Pringle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Health Research ◽  
Indigenous Women ◽  
Core Knowledge ◽  
Community Based Research ◽  
Critical Gap ◽  
Federal Prisons ◽  
The Impact

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.

scholarly journals The Administration of Criminal Justice Act, 2015 as a harbinger for the elimination of unlawful detention in Nigeria

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
David Tarh-Akong Eyongndi
Keyword(s):  
Criminal Justice ◽  
Federal Republic ◽  
Research Methodology ◽  
Justice System ◽  
National Assembly ◽  
Reasonable Time ◽  
Freedom Of Movement ◽  
Personal Liberty ◽  
High Courts ◽  
The Impact

SUMMARY Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) guarantee the rights to dignity of the person, personal liberty and freedom of movement. These rights connote that no one shall be arbitrarily arrested; anyone arrested shall be brought before a court of competent jurisdiction within a reasonable time, otherwise such detention is unlawful; where a person is lawfully detained, it shall be under humane conditions. Despite these constitutional safeguards, people continue to be detained in detention centres beyond the permissible periods without an order of court and in inhumane conditions. Thus, unlawful detention is one of the challenges confronting the administration of the criminal justice sector in Nigeria. In 2015 the National Assembly, in a bid to address the challenges in the sector, particularly unlawful and inhumane detention, enacted the Administration of Criminal Justice Act (ACJA) which is generally perceived as revolutionary legislation owing to provisions such as sections 29, 33 and 34 thereof. These sections require the chief judges of the various High Courts to appoint a judge or magistrate to visit detention centres at least once in a month to review cases of unlawful detention and awaiting trial detainees. This article adopts a doctrinal research methodology in examining the impact of these provisions in overcoming the menace of unlawful detention in Nigeria. It examines the challenges that may confront the implementation of these sections of the Act, such as administrative bottlenecks and unscrupulous attitudes of the personnel of the various detention centres. The article makes vital recommendations on how to overcome the challenges of taming the negative tides of unlawful detention in Nigeria. Key words: Constitution; criminal justice system; detention centres; magistrate; Nigeria

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