‘A qualitative investigation into the impact of domestic abuse on women’s desistance’: A practitioner’s response

2020 ◽  
Vol 67 (4) ◽  
pp. 447-453
Author(s):  
Rachel Reed
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Cultural Barriers ◽  
Qualitative Investigation ◽  
Desistance From Crime ◽  
The Impact ◽  
The Way

This article is a response to Barr and Christian’s article ‘A qualitative investigation into the impact of domestic abuse on women’s desistance’. Based on the findings of two separate but interlinked projects considering women’s qualitative desistance experiences in the community, Barr and Christian argue for a reframing of desistance from crime as desistance from harm when working with women in the criminal justice system. This article seeks to consider this reframing in terms of probation practice and contemplates some of the structural and cultural barriers which may currently stand in the way.

Attribution, Salience, and Attitudes toward Criminal Sanctioning

1985 ◽  
Vol 12 (3) ◽  
pp. 305-331 ◽  
Author(s):  
FRANCIS T. CULLEN ◽  
GREGORY A. CLARK ◽  
JOHN B. CULLEN ◽  
RICHARD A. MATHERS
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Capital Punishment ◽  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
The Impact ◽  
Attributional Processes ◽  
The Way

Building upon the work of Stinchcombe, Taylor et al., the present research attempts to assess the impact of victimization, salience, and attribution on four measures of criminal sanctioning: general punishment, rehabilitation, capital punishment, and the punishment of white-collar crime. Utilizing a sample drawn from Galesburg, Illinois, our analysis revealed that attitudes were not significantly influenced by being a victim or by crime salience. In contrast, our measure of attribution (what a person “attributed” the cause of crime to) had consistent effects across the scales, with those having a positivist orientation being less punitive and more in favor of rehabilitation. When members of criminal justice related occupations were included in the analysis, these results generally continued to persist. These findings thus suggest that attributional processes and, in particular, the way in which people explain crime may be important determinants of the attitudes that those both inside and outside the criminal justice system hold toward sanctioning policy.

The Impact of Victimology on Criminal Justice Policy

1989 ◽  
Vol 3 (3) ◽  
pp. 236-256 ◽  
Author(s):  
Edna Erez
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Justice Policy ◽  
International Level ◽  
Constitutional Amendments ◽  
Victims Of Crime ◽  
Unanticipated Consequences ◽  
The Impact ◽  
The Way

The emergence of victimology and the renewed interest in victims of crime led to many changes in the way the criminal justice system responds to victims. This article assesses the impact of victimology on criminal justice policy and examines some of the anticipated and unanticipated consequences of activities on behalf of victims. It addresses the various victims' needs, evaluates efforts by criminal justice agencies to meet them, and identifies barriers to implementing the programs. Proposals for constitutional amendments and activities on behalf of victims on the international level are also discussed. The article concludes with some of the problems emerging from activities on behalf of victims, and implications for criminal justice policy.

scholarly journals Cooperative actors in domestic abuse and their association with prosecution: implications for the criminal justice system

2020 ◽  
pp. 0032258X2093192
Author(s):  
Nathan Birdsall ◽  
Stuart Kirby ◽  
Rebecca Phythian
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Physical Evidence ◽  
Evidence Gathering ◽  
A Charge ◽  
The Impact

Suggestions to increase prosecution rates in domestic abuse cases often focus on improving victim cooperation and evidence gathering. This study explores the impact of persons involved in abuse investigations by modelling five variables (victim cooperation; witness cooperation; presence of children; suspect admission; and presence of physical evidence) across 540 cases of domestic abuse. The presence of physical evidence, as well as victim and witness cooperation, all increased the likelihood of a charge against the suspect. However, suspect confession often resulted in a police caution, meaning no successful charge. The implications of these findings to improve investigation and prosecution are discussed.

Seeing Justice

2021 ◽  
Author(s):  
Mary Angela Bock
Keyword(s):  
Criminal Justice ◽  
Public Sphere ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Participant Observation ◽  
The United States ◽  
Detailed Examination ◽  
Visual Media ◽  
The Way

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.

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 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 Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

Allowing a Defence to Those Who Commit Crime Under Coercive Control

2021 ◽  
pp. 002201832110505
Author(s):  
Amy Elkington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Abused Women ◽  
Coercive Control ◽  
The Commons

Abused women who are coerced to commit crime have no adequate legal defence. Historically, martial coercion may have been pled, but since its repeal and lack of replacement, abused women have been left without adequate protection in the criminal justice system. Duress would seem to be the logical defence in such a situation, but its construction by the courts means that women are still left with no defence. If a woman resists the coercion to commit crime, and instead protects herself against the abuse, she will equally have no suitable defence. Parliament were presented with the opportunity to rectify this problem when passing the Domestic Abuse Act 2021, but despite the Lords’ support, proposals were rejected by the Commons. Whilst research shows that crime committed under coercive control is not an insignificant problem, the current law does not protect some of the most vulnerable from prosecution.

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