Inappropriate Adults? A Review of the Current Use of Appropriate Adults in the Criminal Justice System

2020 ◽  
pp. 002201832096354
Author(s):  
Nick Dent ◽  
Sean O’Beirne
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Vital Role ◽  
Criminal Investigation ◽  
Codes Of Practice ◽  
Vulnerable People ◽  
The Status ◽  
Procedural Safeguard ◽  
Missed Opportunity

Appropriate Adults (AAs) are an important procedural safeguard for young and vulnerable people in a criminal investigation. The significance of their role is recognised by Parliament in the Police and Criminal Evidence Act 1984 (PACE) and the appending Codes of Practice, most notably Code C. However, the ability of AAs as to perform their role is being impeded by a lack of clarity around their status and the rules that they are governed by. Often at the behest of lawyers, AAs are excluded from the conversations which lawyers have with their clients as a pragmatic solution to the uncertainty in the status of AAs. This means that AAs are rarely able to properly perform their vital role. Consequently, vulnerable people are not receiving the meaningful support they should receive. This represents a missed opportunity to protect the rights and interests of vulnerable people in the criminal justice system. When AAs are deployed effectively and appropriately, they can empower young or vulnerable suspects in an adversarial criminal justice system which, in turn, can help recalibrate the scales of justice to allow for a fairer outcome. This article will examine and critique the state of the current law, clarify the law on Legal Professional Privilege (LPP) and how that relates to Aas and propose a modest incremental extension to the principles of confidentiality to cover confidential discussions between AAs and young or vulnerable people in the criminal justice system.

Public Intoxication and Criminal Justice

1975 ◽  
Vol 5 (3) ◽  
pp. 220-232 ◽  
Author(s):  
S. George Clarke
Keyword(s):  
Health Care ◽  
Criminal Justice ◽  
Alcohol Abuse ◽  
Criminal Justice System ◽  
Justice System ◽  
Federal Courts ◽  
Survey Questionnaire ◽  
Modest Increase ◽  
The Status ◽  
The 1960S

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.

Murder and Maugham: A Neglected Subversive?

2002 ◽  
Vol 75 (4) ◽  
pp. 330-339
Author(s):  
Keith Soothill
Keyword(s):  
Twentieth Century ◽  
Short Stories ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Status Quo ◽  
Labour Government ◽  
Serious Crime ◽  
The Status

Somerset Maugham's writings had huge audiences in the first half of the twentieth century. In much of his work the focus is on people behaving badly. What effect did his work have on his readers? This article examines his short stories, of which approximately one-fifth of the major ones have murder as their theme. Focusing on the murders that Maugham ‘creates’, the claim is that Maugham is subversive, challenging some readily made assumptions. In Maugham's scheme of things, the criminal justice system is usually inappropriate, irrelevant or produces injustice, with ‘rough justice’ usually the best that is on offer. The resourceful can get away with murder. Murder is not the most serious crime for many. Instinct rather than rationality is the best judge. Maugham also emphasises the importance of fate, thus implying we are not in control of our destinies. The article argues that popular authors, such as Maugham, may have contributed much more than is generally recognised to the developing unease about the ‘status quo’ that ultimately led to the landslide victory of the Labour government in 1945.

8. How do we prevent crime?

2018 ◽  
pp. 97-116
Author(s):  
Tim Newburn
Keyword(s):  
Criminal Justice ◽  
Social Control ◽  
Criminal Justice System ◽  
Crime Prevention ◽  
Justice System ◽  
Situational Crime Prevention ◽  
Vital Role ◽  
Informal Social Control ◽  
Prevention Techniques

It is often assumed that the criminal justice system is crucial in determining crime levels, but the available evidence does not bear this out. In fact, it is the processes of socialization underpinned and reinforced by informal social control that play a vital role in controlling crime. ‘How do we prevent crime?’ considers the various crime prevention techniques that have contributed substantially to recent apparent reductions in crime. It describes the distinction between social crime prevention, which tends to focus on fairly broad and deep issues, and situational crime prevention, which is narrower in focus, is pre-emptive, and seeks, through a variety of means, to reduce the opportunities for crime.

scholarly journals IMPLIKASI PENAFSIRAN UNDANG-UNDANG OLEH HAKIM PRAPERADILAN DALAM PERKARA TINDAK PIDANA KORUPSI

2016 ◽  
Vol 27 (3) ◽  
pp. 459
Author(s):  
Yusi Amdani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Interpretation ◽  
The Status

The judge in deciding a case can perform all the legal interpretation is not explicitly defined in the legislation. On the basis of any decision that has been set by the judge, then the decision must be accountable. But in Decision No:04/Pid.Prap/2015/PN.Jkt.Sel, Budi Gunawan pretrial matters related to the Commission, the judge has made a legal interpretation considered contrary to the Criminal Code itself. Judge did interpretation of the Code of Criminal Procedure, on the status of Budi Gunawan as a suspect corruption. The decision has weak the authority of the Commission and the bad in the criminal justice system. Hakim dalam memutuskan suatu perkara dapat melakukan penafsiran hukum sepanjang belum ditentukan secara tegas dalam peraturan perundang-undangan. Atas dasar setiap putusan yang telah ditetapkan oleh hakim, maka putusan tersebut harus dapat dipertanggungjawabkan. Namun dalam Putusan No: 04/Pid.Prap/2015/PN.Jkt.Sel, terkait perkara praperadilan Budi Gunawan terhadap KPK, hakim telah melakukan penafsiran hukum yang dinilai bertentangan dengan KUHAP sendiri. Hakim melakukan penafsiran terhadap KUHAP, atas status Budi Gunawan sebagai tersangka korupsi. Putusan tersebut telah melemahkan kewenangan KPK dan berakibat buruk dalam sistem peradilan pidana.

scholarly journals A kaupapa Māori analysis of the use of Māori cultural identity in the prison system

2021 ◽  
Author(s):  
◽  
Riki Mihaere
Keyword(s):  
New Zealand ◽  
Criminal Justice ◽  
Cultural Identity ◽  
Criminal Justice System ◽  
Justice System ◽  
Prison Population ◽  
Prison System ◽  
Policy And Practice ◽  
The Status ◽  
Kaupapa Māori

<p>Māori are 15% of the New Zealand population, and yet are 45.3% of annual police apprehensions and 51% of the prison population. This status of Māori ‘over-representation’ in the criminal justice system has remained steady for the last 34 years. One principle explanation of this status is that Māori have limited access to a secure Māori cultural identity. As a result, criminal justice authorities, especially the Department of Corrections, have progressively focused policies and programmes towards the perceived Māori cultural related needs of Māori offenders and prisoners. This focus is undertaken not only to reduce rates of recidivism but also to provide culturally relevant environments for Māori prisoners and increased opportunities for successful rehabilitation.   The result is that New Zealand’s prison system now contains a number of unique strategies such as the Māori Therapeutic Programme, the New Life Akoranga Programme and Māori Focus Units. Despite these developments, there remains a dearth of clearly articulated descriptions of how, why or even if Māori cultural identity has a positive effect on reducing Māori offending and imprisonment. This thesis is designed to address this gap in the research.   The thesis pursues a kaupapa Māori methodology, using in-depth interviews with key Māori associated with the development of the theory, policy and practice of Māori cultural identity in the criminal justice system. This focus provides an opportunity for those Māori whose careers or, in some cases, life works have been dedicated to the development and implementation of cultural responses to crime to speak for themselves. This approach allows a full exploration of the underlying rationale and meaning of the Māori cultural identity policies and resultant programmes sprinkled throughout New Zealand’s system.  The thesis develops two key arguments. Firstly, despite strongly held criminal justice beliefs about the potential validity of Māori cultural identity in relation to reducing Māori offending and imprisonment, the broader context regarding the status of Māori as the most marginalised population in New Zealand is largely ignored. Rather than accepting that Māori offending is likely to be ignited by a broad array of socio-economic factors which are the result of generations of colonising Pākehā practices, the Correctional response has been to individualise Māori offending by focusing on the degree of Māori cultural identity inherent in specific Māori offenders. Secondly, that the authenticity of Māori cultural identity policies and programmes designed and delivered by Corrections is questionable. While the Department argues that Māori cultural identity nestles comfortably within western-based therapeutic programmes, professional Māori disagree. In their view, the Māori cultural identity programmes delivered in New Zealand’s prisons do not resemble Māori culture at all. Given these two arguments, the thesis questions whether the criminal justice use of Māori cultural identity is more a measure of official attempts to meet ‘Treaty’ obligations rather than a genuine effort to reduce Māori offending and imprisonment.</p>

scholarly journals Sexual Assault Case Processing: The More Things Change, the More They Stay the Same

2020 ◽  
Vol 9 (1) ◽  
pp. 86-94 ◽  
Author(s):  
Cassia Spohn
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Violence Against Women ◽  
Justice System ◽  
The United States ◽  
The Status ◽  
Women And Girls ◽  
Assault Victims ◽  
Sexual Assault Case

One of the goals of the United Nations Commission on the Status of Women is to end violence against women and girls in all countries. An important component of this goal is ensuring that all crimes of violence against women and girls are taken seriously by the criminal justice system and that police, prosecutors, judges and jurors respond appropriately. However, research detailing how cases of sexual assault proceed in the criminal justice system reveals that this goal remains elusive, both in the United States and elsewhere. The rape reform movement ushered in changes to traditional rape law that were designed to encourage victims to report to the police and to remove barriers to arrest and successful prosecution. However, four decades after this reform, victims are still reluctant to report sexual assaults to the police, and arrest, prosecution and conviction rates for sexual assault cases are shockingly low. Reversing these trends will require policy changes that are designed to counteract the stereotypes and myths underpinning sexual assault and sexual assault victims.

CORRUPTION IN THE PENAL SYSTEM: CRIMINOLOGICAL ASPECTS

2021 ◽  
pp. 71-75
Author(s):  
Сергей Андреевич Сивцов
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Preventive Measures ◽  
Point Of View ◽  
Broad Sense ◽  
Criminal Investigation ◽  
Penal System ◽  
Illegal Acts ◽  
Main Component

В статье рассматриваются коррупционные проявления в уголовно-исполнительной системе России с криминологической точки зрения, проведен анализ причин и условий совершения коррупционных преступлений и меры профилактики. Приводятся мнения ученых-юристов о понятии коррупции, которое рассматривается как в узком, так и в широком смысле слова. Автором утверждается, что коррупция в большей мере выступает как социальное и криминологическое, чем правовое явление, поэтому рассматривать ее в рамках конкретных совершенных преступлений неверно, необходимо анализировать совокупность противоправных деяний с учетом их особенностей, а также причины и условия их совершения. Автор отмечает, что пенитенциарная преступность делится на две категории: на общеуголовную преступность (преступления, совершаемые осужденными) и иную преступность, основной составляющей которой выступает коррупционная преступность в учреждениях и органах УИС. На основе изучения криминологических научных источников автор предлагает классифицировать факторы совершения коррупционных преступлений сотрудниками УИС: факторы, присущие всем коррупционным преступлениям; и факторы, присущие пенитенциарной коррупции. В представленной статье автором указывается на недостаточность антикоррупционных механизмов. Комплекс предпринимаемых мер противодействия коррупции необходимо совершенствовать и расширять. The article examines corruption manifestations in the Russian Penal System from a criminological point of view, analyzes the causes and conditions of corruption crimes and preventive measures. The opinions of legal scholars on the concept of corruption, the content of the concept of corruption are given, it is considered both in the narrow and in the broad sense of the word. The author argues that Corruption acts more as a social and criminological phenomenon than a legal one, therefore it is not correct to consider it within the framework of specific crimes committed, it is necessary to analyze the totality of illegal acts taking into account their characteristics, as well as the causes and conditions of their commission. The author notes that penitentiary crime is divided into two categories: crimes committed by convicts (ordinary crime) and other crime, the main component of which is corruption crime in institutions and bodies of the criminal justice system. Based on the study of criminological scientific sources, the author proposes to classify the factors of corruption crimes committed by the employees of the Criminal Investigation Department: factors inherent in all corruption crimes; and factors inherent in penitentiary corruption. In the presented article, the author points out the insufficiency of anti-corruption mechanisms. The range of anti-corruption measures taken needs to be improved and expanded.

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