scholarly journals The Constructed Truth

2016 ◽  
Vol 26 (1) ◽  
pp. 69-88 ◽  
Author(s):  
Yu Mou

Witnesses rarely testify at trial in China and the courts routinely rely on investigative dossiers to determine the guilt or innocence of the defendant. Shielded from external scrutiny, relatively little is known about how these investigative dossiers are constructed and whether they are truly reliable. To understand the construction process for police cases, ethnography, semi-structured interviews and content analysis of the dossiers have been conducted to explore the formation of evidence during the police investigation. This article reveals that the constructed evidence is subject to manipulation and distortion designed to enhance the incrimination of the accused. With a lack of the functional equivalence in defence construction required to challenge the facts presented in these dossiers, the current criminal justice system in China is structurally weak and fails to function as a truth-finding process.

2018 ◽  
Vol 30 (8) ◽  
pp. 1229-1249
Author(s):  
Jennifer Gatewood Owens ◽  
Michelle Smirnova

Given the rapid increase in prescription (Rx) drug misuse, overdose, and drug-related arrests, the purpose of this study is to identify strategies to combat Rx misuse from the perspective of former Rx drug misusers who are presently incarcerated. Using semi-structured interviews, we elicited such recommendations from 33 incarcerated women in the Midwest with histories of Rx drug misuse. The policy recommendations put forth by the women tended to be proactive rather than reactive and focused upon more vigilant surveillance and prevention efforts by medical professionals. While there was little mention of the criminal justice system or incarceration, women did also advocate for better treatment and rehabilitation options. Users affected by Rx misuse suggested more proactive approaches in dealing with Rx misuse that would ultimately shift drug control responsibilities from law enforcement to doctors.


Youth Justice ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 169-187
Author(s):  
Suzanne Ellis ◽  
Natalie Gately ◽  
Shane Rogers ◽  
Andrée Horrigan

Public opinion is often reported as punitive towards sentencing young people. Attitudes remain important to investigate given their potential to influence policy within the criminal justice system. Therefore, it is important to understand the formation of these attitudes and their consistency with sentencing principles. Semi-structured interviews ( n = 72) and surveys ( n = 502) were used to gauge opinions of sentencing young people under different scenario manipulations (age, weapon, drug treatment, prior record). The findings revealed the public expected punishment, but favoured rehabilitation with an opportunity to repent, suggesting the public are open to alternatives to ‘tough on crime’ approaches.


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.


2011 ◽  
Vol 9 (1) ◽  
pp. 17-40
Author(s):  
Imola Antal ◽  
Júlia Szigeti ◽  
Maria Stoleru

Abstract Criminal justice interventions are important to reduce domestic violence and protect women. In this study we will tackle the unwillingness of women in two regions of Romania to press charges and the failure of the criminal justice system in providing them protection and justice. “Why don’t women press charges?” was the main question that stood at the basis of the international research WOSAFEJUS1, where Babeş-Bolyai University (UBB) was the main Romanian partner through its Faculty of Sociology and Social Work. In our paper we will analyse the studies relevant to the field of domestic violence and we will pay a special attention to those that take into consideration the functioning of the criminal justice system. We will present a preliminary analysis of the women’s perception of the criminal justice system in Romania. Our results are based on 76 semi-structured interviews with women in a situation of domestic violence. Atlas.ti was used to aid a thematic analysis of the qualitative data. The results will highlight women’s expectations regarding the justice system, the perceived usefulness of the legal intervention as well as the main factors that come into play when they decide to stay or to leave the criminal justice process. Even though in most of the cases police intervention can’t or doesn’t provide safety and the rapid elimination of danger, the importance of non-legislative factors of intervention has nevertheless been emphasized.


2020 ◽  
pp. 1-20
Author(s):  
Jen Girgen

Abstract As illustrated by the fact that all states now have felony anti-cruelty laws and the FBI has begun tracking some forms of nonhuman animal abuse in its National Incident-Based Reporting System, there is growing recognition by lawmakers and criminal justice professionals that the abuse of animals should be taken seriously and properly addressed by the criminal justice system. This article assesses 19 popular introductory criminal justice and criminology textbooks to determine whether these texts share this sentiment by giving attention to this offense. Results indicate that animal abuse is given no, or only minimal, attention in most of these textbooks, and when it is included, it tends to be framed more as an environmental problem than one of violence or morality. The article concludes with a call to textbook authors and publishers to better include animal abuse within their texts and offers suggestions for how to accomplish this.


2017 ◽  
Vol 27 (1) ◽  
Author(s):  
Noemi Y. Domingo

The Cordillera Administrative Region’s way of resolving crimes and disputes between two tribes is in accordance with their Bodong system wherein the codified and published Pagta or “the law of the Bodong” (literally translated “peace covenant or pact”) is Kalinga’s number one cultural and historical contribution to the country’s National Cultural Treasure. The study determined the extent of Criminal Justice System and Bodong System in resolving crimes and disputes encountered by tribes who are in conflict. The researcher used the case study method wherein the basis for its concept is the theoretical framework, socio-cultural theory and grounded theory and self-report data with convenience sampling. “Semi-structured interviews, narrative response and blog discussions” were also used. 50% of the respondents stand for the statement that bodong system is bound to resolve cases that involve murder, land disputes, loss of property and other violations. Hence, the Cordillera Administrative Region’s urge in pursuing in the legalization and government recognition of the Bodong System has put an ease with the lengthy trials of the Criminal Justice System. The Cordilleran leaders’ initiative to organize PEACE SUMMIT every year is an effective way of informing people of Cordillera the essence of Bodong in their life not just a mere machinery, but rather a system.


2018 ◽  
Vol 25 (3) ◽  
pp. 341-357 ◽  
Author(s):  
Julie Globokar ◽  
Edna Erez

Recent years have witnessed the proliferation of victim-focused positions inside and outside the criminal justice system, yet little is known about the occupational characteristics and organizational context of this field in the United States. In this article, we draw on 42 semi-structured interviews with victim workers from a variety of settings and organizational affiliations in the midwestern USA to describe their pathways, activities, and challenges. The data reveal key differences among the experiences of those who were publicly employed, affiliated with the nonprofit sector and working independently. The findings underscore the significance of organizational affiliation in understanding victim work, the value of strong public/private partnerships, and the necessity of reforms to the organizational culture of criminal justice agencies to optimize victim experiences.


2021 ◽  
Author(s):  
Tim Hillier ◽  
Gavin Dingwall

Can the criminal justice system achieve justice based on its ability to determine the truth? This book investigates the concept of truth and scrutinises how well the criminal justice process facilitates truth-finding. It bridges the gap between what people expect from the justice system and what it can legitimately deliver.


2019 ◽  
Vol 7 ◽  
pp. 56-74
Author(s):  
Anna Markina

Based on 22 semi-structured interviews with 24 young ex-offenders in Estonia, this article looks at the effect that stigmatization has on the reintegration of young ex-offenders. The study looks at to what extent and in which domains ex-offenders experience stigma, how they manage it, and what effect it has on social participation and involvement. The results indicate that young ex-offenders experience stigma while looking for jobs and accommodation and when interacting with the criminal justice system. The strategies for managing stigma mostly include secrecy and withdrawal. These strategies are closely related to self-stigmatization, low societal participation, and a low level of trust toward state institutions.


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