Supported Decision-Making in Criminal Proceedings: A Sociolegal Empirical Study

2021 ◽  
pp. 104420732110263
Author(s):  
Piers Gooding ◽  
Bernadette McSherry ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Evidence Base ◽  
Legal Services ◽  
Criminal Proceedings ◽  
Persons With Disabilities ◽  
Disability Support ◽  
United Nations Convention

This article outlines a project in which supported decision-making (SDM) and broader support to exercise legal capacity were provided to accused persons with cognitive disabilities in the Australian criminal justice system. The program was developed to advance the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to unfitness to plead laws. The researchers collaborated with three community legal services in three Australian jurisdictions. Four nonlegal “disability support people” were trained to work with accused persons alongside legal counsel to maximize their participation in the trial process and avoid the need for unfitness to plead determinations under current laws. The article draws on qualitative research conducted in the form of interviews with clients, lawyers, and support persons. The findings provide an evidence base for implementing SDM for persons with disabilities in the criminal justice system. It also helps answer the question of whether unfitness to plead laws should be repealed in pursuit of a “universally accessible” justice system in line with the CRPD.

The Compellability Rule in England and Wales: Support for the Spouse of the Defendant

2013 ◽  
Vol 77 (4) ◽  
pp. 310-324
Author(s):  
Shamini K. Ragavan
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Special Needs ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Study ◽  
Personal Choice ◽  
Criminal Proceedings ◽  
England And Wales ◽  
Different Types

Spouses, for a variety of reasons, struggle to give evidence against their spouse in criminal proceedings. A woman's willingness to testify against her spouse or civil partner is not based on the compellability provisions in PACE, but a personal choice of whether she is prepared to testify against her spouse. To assist her, she (as victim and witness) must be adequately supported (emotionally or psychologically) so that she becomes a resilient participant of the criminal justice system and thus provides best evidence in court. A collective and coordinated effort of practitioners, police, support agencies, including the judiciary is essential and there is a need for them to be aware of the special needs of different types of vulnerable witnesses, different forms of support, therapies and counselling strategies available in their decision-making. This article will draw upon findings of a pilot research study undertaken in 2009 to examine the issue of support for victims and witnesses.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

Tempering Expectations: A Qualitative Study of Prosecutorial Reform

2020 ◽  
Vol 58 (1) ◽  
pp. 41-73
Author(s):  
Rebecca Richardson ◽  
Besiki Luka Kutateladze
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Qualitative Study ◽  
Criminal Justice System ◽  
Justice System ◽  
Path Dependence ◽  
Effective Implementation ◽  
Semistructured Interviews ◽  
Communication Challenges

Objectives: We investigate path dependence and barriers to the acceptance and implementation of reform-minded prosecution, which focuses on reducing unnecessary incarceration, promoting fairness, engaging with the community, and improving accountability in the criminal justice system. Method: Using semistructured interviews with 47 prosecutors in two Florida jurisdictions, both with newly elected state attorneys, we explore reform-minded prosecution priorities and barriers to their effective implementation. Results: Findings suggest that though reform-minded priorities are present in the study prosecutor’s offices, existing prosecutorial norms, case-focused decision-making, policy ambiguities, and communication challenges serve as barriers to their effective implementation. Conclusions: The study highlights the role that line agents play in determining the success of reform-minded prosecution. It also identifies key barriers to reform that reform-minded prosecutors must overcome if they are to achieve meaningful changes toward greater effectiveness, transparency, and impartiality in prosecution.

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

A Preliminary Assessment of Police Officers' Knowledge and Perceptions of Persons With Disabilities

2008 ◽  
Vol 46 (3) ◽  
pp. 183-189 ◽  
Author(s):  
Scott J. Modell ◽  
Suzanna Mak
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Police Officer ◽  
Police Officers ◽  
Justice System ◽  
Crime Victims ◽  
Preliminary Assessment ◽  
Persons With Disabilities ◽  
Number Of Factors

Abstract Individuals with developmental disabilities are 4 to 10 times more likely to become crime victims than individuals without disabilities (D. Sobsey, D. Wells, R. Lucardie, & S. Mansell, 1995). Victimization rates for persons with disabilities is highest for sexual assault (more than 10 times as high) and robbery (more than 12 times as high). There are a number of factors related to individuals' with disabilities susceptibility to interactions with the criminal justice system. In addition to these factors, many significant barriers exist, both real and perceived, that limit investigation and prosecution of these cases. How police officers perceive and understand disability play significant roles in how these cases develop and evolve. The purpose of this study was to assess police officer knowledge and perceptions of persons with disabilities.

THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION

2015 ◽  
Vol 1 (1) ◽  
pp. 0-0 ◽  
Author(s):  
Sylwia Gwoździewicz
Keyword(s):  
Czech Republic ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Specific Interaction ◽  
European Countries ◽  
Legal Systems ◽  
The European Union ◽  
Criminal Proceedings ◽  
A Minor

In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor

scholarly journals Criminal offenses - a new institute of criminal legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

scholarly journals Ideals and interests of participants in the digitalization of criminal proceedings

2020 ◽  
pp. 66-73
Author(s):  
V. I. Przhilenskiy ◽  
I. B. Przhilenskaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Digital Technologies ◽  
Criminal Proceedings ◽  
Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

scholarly journals Child-friendly Justice and Procedural Safeguards For Children in Criminal Proceedings: New Momentum for Children in Conflict with the Law?

2020 ◽  
Vol 8 (1) ◽  
pp. 17
Author(s):  
Ton Liefaard
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Research Agenda ◽  
Justice System ◽  
Criminal Proceedings ◽  
The Past ◽  
Core Elements ◽  
Child Friendly ◽  
The Law ◽  
Justice Systems

Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements.  

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