A problem-solving approach to criminalised women in the Australian context

2021 ◽  
pp. 1037969X2098510
Author(s):  
Megan Beatrice
Keyword(s):  
Criminal Justice ◽  
Problem Solving ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Upward Trend ◽  
Complex Needs ◽  
Australian Context

The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.

Young People with Complex Needs in the Criminal Justice System

2014 ◽  
Vol 1 (2) ◽  
pp. 174-185 ◽  
Author(s):  
Leanne Dowse ◽  
Therese M. Cumming ◽  
Iva Strnadová ◽  
Jung-Sook Lee ◽  
Julian Trofimovs
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Complex Needs

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.

Current Issues in the Criminal Justice System

2019 ◽  
pp. 1-11
Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Mentally Ill ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Revolving Door ◽  
The Other ◽  
Recidivism Rates ◽  
System P ◽  
Problem Solving Courts

This chapter provides an introduction to the scope of the problems facing the criminal justice system, with a specific focus on the overrepresentation of mental illness and substance abuse among justice-involved individuals. After discussing the “revolving door” and increased incarceration and recidivism rates among mentally ill and drug-involved offenders, the authors introduce therapeutic jurisprudence and the other foundational principles and common themes of problem-solving courts. This discussion illustrates the paradigm shift away from punishment and toward rehabilitation and increased collaboration among different entities within the criminal justice system. The chapter concludes with a brief review of the contents of the volume.

Perceptions of Fairness and Satisfaction in Lawyer–Client Interactions Among Young Offenders in Hong Kong

2016 ◽  
Vol 11 (2) ◽  
pp. 266-285 ◽  
Author(s):  
Wing Hong Chui ◽  
Kevin Kwok-Yin Cheng
Keyword(s):  
Hong Kong ◽  
Mixed Methods ◽  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Young Offenders ◽  
Regression Analyses ◽  
Mixed Methods Approach ◽  
Perceptions Of Fairness

This study used a mixed methods approach to examine the perceptions of fairness and satisfaction young offenders have toward their lawyers in the Hong Kong criminal justice system, drawing on procedural justice theory. A sample of 168 young offenders aged between 14 and 21 years old was surveyed. Regression analyses indicated that participants who had private lawyers were more satisfied compared to those who had duty lawyers. Two elements of procedural justice, participation, and trustworthiness, demonstrated the strongest influence on youths’ satisfaction with their lawyers. Supplementary interviews with 30 young defendants further explained the discrepancy, revealing that the limited amount of time spent by duty lawyers in meetings and their detached focus contributed to clients’ low perceptions of participation and trustworthiness.

scholarly journals Crime Stories: Posnerian Pragmatism, Rawlsian Pure Procedural Justice, and the Fictional Problem

2004 ◽  
Vol 9 (2) ◽  
pp. 644-654 ◽  
Author(s):  
John R Morss
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Double Jeopardy ◽  
Past Event ◽  
Crime Stories

[There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most signifi- cance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Crimi- nal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawl- sian notions of ‘imperfect’, ‘perfect’ and ‘pure’ procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A com- parison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.] 

scholarly journals Perpetrators and Pariahs: Definitional and Punishment Issues For Child Sex Offenders, and Therapeutic Alternatives for the Criminal Justice System

2016 ◽  
Vol 16 (3) ◽  
pp. 85
Author(s):  
Charlotte Rose Glab
Keyword(s):  
Criminal Justice ◽  
Sex Offenders ◽  
Criminal Justice System ◽  
Justice System ◽  
Therapeutic Jurisprudence ◽  
Physical Contact ◽  
Great Success ◽  
Font Size ◽  
Therapeutic Assistance ◽  
Therapeutic Alternatives

<p><em><span style="font-family: Times New Roman;"><span style="font-size: medium;">A punitive approach to criminal sentencing is profoundly counterintuitive in circumstances where incarceration and criminal labelling expedites, rather than prevents, recidivism. In a bid to avoid physical contact offences some paedophiles self-manage with low-level offending, such as viewing child exploitation material. These individuals are child sex offenders who may be receptive to rehabilitation with therapeutic assistance, yet are punished in a system deficient of genuine rehabilitation methodology. Therapeutic jurisprudence approaches for paedophiles have seen great success in international jurisdictions. This article contends that it  </span><span style="font-size: medium;">is not without merit as an alternative for Australian sentencing practices. </span><span style="font-size: medium;"> </span></span></em></p>

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