scholarly journals Attitudes, Rape and Law Reform in South Africa

2009 ◽  
Vol 73 (5) ◽  
pp. 414-429 ◽  
Author(s):  
Charnelle van der Bijl ◽  
Philip N. S. Rumney
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Criminal Justice ◽  
Social Attitudes ◽  
Law Reform ◽  
Judicial Decision Making ◽  
Rape Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.

scholarly journals Diversion from custody: An update

2017 ◽  
Vol 23 (6) ◽  
pp. 375-384 ◽  
Author(s):  
Luke Birmingham ◽  
Olusola Awonogun ◽  
Howard Ryland
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Mental Health Problems ◽  
List Type ◽  
Mentally Disordered ◽  
The Past ◽  
Important Landmark ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

SummaryLiaison and diversion services are concerned with ensuring that individuals with mental health problems and related vulnerabilities who come into contact with the criminal justice system receive appropriate support and treatment. In the past 15 years there have been significant changes in policy, legislation and the broader landscape in community, custodial and hospital settings which have shaped these services. The Bradley Report, published in 2009, represents an important landmark in this field. Bradley made 82 recommendations, from interventions to improve identification of mental illness and vulnerable individuals at risk of offending to effecting speedier transfers of mentally disordered prisoners to hospital. Some progress has been made in achieving these recommendations, and further investment is promised, but at present only half of England is covered by liaison and diversion services.LEARNING OBJECTIVES•Appreciate how services have developed over the past 15 years to provide support and treatment and divert mentally disordered people from custody at all stages in the criminal justice process•Recognise how government policy has shaped the development of liaison and diversion services over the past 15 years•Understand the impact of the 2007 amendments to the Mental Health Act on the diversion of mentally disordered people from custody

scholarly journals The Admissibility of Scientific Expert Evidence Under Indonesian Criminal Justice System

2019 ◽  
Vol 3 (2) ◽  
pp. 152
Author(s):  
Wanodyo Sulistyani
Keyword(s):  
Criminal Justice ◽  
Expert Testimony ◽  
Justice System ◽  
Scientific Evidence ◽  
Expert Evidence ◽  
Procedural Law ◽  
Process Reliability ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In many cases, such as corruption and forestry-related crimes, an expert has a significant role in explaining the impact of the crime. For instance, scientific expert evidence is required to disclose about the ecological destruction that occurred due to the defendant's criminal activities. In practices, the issue with scientific expert evidence is supposed to be about its admissibility in court. For this issue, the U.S. Court applies Rules of Evidence in considering the admissibility of scientific expert evidence at trial. Those are some requirements (prong test) to be met before expert testimony is admissible. In contrast, the Indonesian Criminal Procedural Law (KUHAP) or other laws do not set any prong test for presenting specialist scientific evidence to be acceptable. Lack of such proof may impact criminal justice process reliability and place expert under vulnerable position. Therefore, this paper will explore the issue on scientific expert evidence under Indonesian criminal law as well as its consequences and impacts for the Indonesian criminal justice process.

scholarly journals Technology facilitated re-victimization: How video evidence of sexual violence contributes to mediated cycles of abuse

2021 ◽  
pp. 174165902110503
Author(s):  
Kaitlyn Regehr ◽  
Arija Birze ◽  
Cheryl Regehr
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Justice System ◽  
Violent Crimes ◽  
Audio Recordings ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Video And Audio ◽  
The Impact ◽  
Criminal Justice Professionals

With the ubiquity of technological devices producing video and audio recordings, violent crimes are increasingly captured digitally and used as evidence in the criminal justice process. This paper presents the results of a qualitative study involving Canadian criminal justice professionals, and asks questions surrounding the treatment of video evidence and the rights of victims captured within such images. We argue that loss of control over personal images and narratives can re-traumatize survivors of sexual violence, creating technologically-facilitated cycles of abuse that are perpetuated each time images are viewed. We find that the justice system has little to no consistent policy or procedure for handling video evidence, or for ameliorating the impact of these digital records on survivors. Subsequently, we assert that the need for a victim-centred evidence-based understanding of mediated evidence has never been greater.

scholarly journals RESTORATIVE JUSTICE AND CASES OF SERIOUS OFFENDING: A SOUTH AFRICAN AND CANADIAN PERSPECTIVE

Obiter ◽  
2017 ◽  
Vol 38 (2) ◽  
Author(s):  
Emma Charlene Lubaale
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Restorative Justice ◽  
South African ◽  
Retributive Justice ◽  
Guiding Principle ◽  
Canadian Perspective ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Matters

The exact meaning, place and role of “restorative justice” (hereinafter “RJ”) in criminal matters remain largely unclear. Often, RJ is reduced to a sentencing option, an alternative to retributive justice and an approach, which cannot co-exist alongside custodial sentences. This oversimplification of the concept of RJ seems to have trickled down to the decisions of courts. Notably, although over the years the use of RJ in criminal matters has grown in its stature and impact, with countries like Canada and South Africa constituting prime examples of the few embracing this system in criminal matters, a critical analysis of the jurisprudence of both countries reveals that its application to criminal matters is shrouded with ambiguity. Most of these courts have reduced RJ to a mere sentencing option, an option that cannot rest comfortably alongside custodial sentences and an alternative to retributive justice. Nowhere is this ambiguity more eminent than in cases of serious offending. Given that custodial sentences are often deemed relevant in cases of serious offending, when RJ is oversimplified, it is often excluded from the overall criminal justice framework, making it impossible for it to co-exist alongside a retributive system of justice. Put differently, the manner in which RJ is being conceptualised is having major implication for its role in the prosecution of cases of serious offending. This article analyses case law that grapples with these issues in Canada and South Africa and on the basis of this analysis, it is argued that for RJ to have a meaningful role, especially in cases of serious offending, it should be perceived as a guiding principle that provides a foundation in the overall criminal justice process rather than a mere sentencing option, an alternative and an approach totally against custodial sentences.

Technologies of Crime Prediction: The Reception of Algorithms in Policing and Criminal Courts

2020 ◽  
Author(s):  
Sarah Brayne ◽  
Angèle Christin
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Police Department ◽  
Criminal Court ◽  
Criminal Courts ◽  
Legal Professionals ◽  
Predictive Algorithms ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

Abstract The number of predictive technologies used in the U.S. criminal justice system is on the rise. Yet there is little research to date on the reception of algorithms in criminal justice institutions. We draw on ethnographic fieldwork conducted within a large urban police department and a midsized criminal court to assess the impact of predictive technologies at different stages of the criminal justice process. We first show that similar arguments are mobilized to justify the adoption of predictive algorithms in law enforcement and criminal courts. In both cases, algorithms are described as more objective and efficient than humans’ discretionary judgment. We then study how predictive algorithms are used, documenting similar processes of professional resistance among law enforcement and legal professionals. In both cases, resentment toward predictive algorithms is fueled by fears of deskilling and heightened managerial surveillance. Two practical strategies of resistance emerge: foot-dragging and data obfuscation. We conclude by discussing how predictive technologies do not replace, but rather displace discretion to less visible—and therefore less accountable—areas within organizations, a shift which has important implications for inequality and the administration of justice in the age of big data.

Fitness to be interviewed: decision-making in the mental health in-patient setting

2020 ◽  
pp. 1-11
Author(s):  
Allison Edwards ◽  
Simon Jackson ◽  
Keith J. B. Rix ◽  
Faisil Sethi
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Criminal Justice ◽  
Legal System ◽  
England And Wales ◽  
Psychiatric Setting ◽  
Police Interviews ◽  
Justice Process ◽  
Criminal Justice Process

SUMMARY When a patient in an in-patient psychiatric setting allegedly commits a crime, psychiatrists are sometimes asked to assess their fitness to be interviewed by the police. This article describes how to conduct this assessment, outlines the criminal justice process leading to police interviews (with particular reference to the legal system in England and Wales) and highlights practical issues to consider when assessing fitness to be interviewed in this context.

scholarly journals The Effectiveness of Restorative Justice Practices on Victims of Crime: Evidence from South Africa

2020 ◽  
Vol 9 (3) ◽  
Author(s):  
Patrick Bashizi Bashige Murhula ◽  
Aden Dejene Tolla
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Victim Satisfaction ◽  
Criminological Research ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victims Of Crime ◽  
Study Offer

Restorative justice is a holistic philosophy that has become increasingly popular in reformist criminal justice debates and criminological research. However, there is some debate as to whether its programs adequately address victims’ needs. To this end, this paper analyses the effectiveness of restorative justice practices on victims of crime. Drawing on my interviews conducted with victims of crime and legal experts in South Africa, the findings of this study offer support for the effectiveness of a restorative justice approach to addressing victim satisfaction. Restorative justice can enable the needs of victims to be more fully considered during the criminal justice process. This is very different from contemporary criminal justice, which has often effectively excluded victims from almost every aspect of its proceedings despite its continuous reform to protect and promote victims’ rights.

All Rise for the Interventionist

2016 ◽  
Vol 80 (3) ◽  
pp. 201-213 ◽  
Author(s):  
Ed Johnston
Keyword(s):  
Criminal Justice ◽  
Case Management ◽  
Criminal Trials ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Defence Counsel ◽  
New Form ◽  
The Impact ◽  
Changing Role

This paper will examine the changing role played by the judiciary in criminal trials. The paper examines the genesis of the adversarial criminal trial that was born out of lifting the prohibition on defence counsel in trials of treason. The paper will chart the rise of judicial passivity as lawyers dominated trials. Finally, the paper examines the rise of the interventionist judiciary in the wake of the Auld Review that launched an attack on the inefficiencies of the modern trial. To tackle the inefficiencies, the Criminal Procedure Rules allowed the judiciary to reassume a role of active case management. The impact an interventionist judiciary has for adversarial criminal justice is examined. The paper finds that a departure from traditional adversarial has occurred; the criminal justice process has shifted to a new form of process, driven by a managerial agenda.

Satisfaction with police services among victims of physical assault in India

2017 ◽  
Vol 19 (4) ◽  
pp. 273-284 ◽  
Author(s):  
TK Vinod Kumar
Keyword(s):  
Criminal Justice ◽  
Interactional Justice ◽  
Physical Assault ◽  
Victim Satisfaction ◽  
Police Services ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact ◽  
Satisfaction With Police

Victim satisfaction is impacted by both the quality of the procedure and the outcome of the criminal justice process. Quality of procedure encompasses procedural and interactional justice. Using survey data of victims of physical assault in India, this study examines the impact of quality of procedure and outcome on victim satisfaction with police services. The study concludes that although both factors have an effect on victim satisfaction, quality of procedure has a greater impact than outcomes of the process for victims of physical assault in India.

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