First Time Lucky? Exploring Whether First-Time Offenders Should Be Sentenced More Leniently

2013 ◽  
Vol 77 (2) ◽  
pp. 163-171
Author(s):  
Elaine Freer
Keyword(s):  
Criminal Justice ◽  
Theoretical Basis ◽  
Justice System ◽  
Minority Group ◽  
Criminal Behaviour ◽  
Repeat Offenders ◽  
The Impact ◽  
First Time ◽  
Sentence Reductions

This article explores the normative position and theoretical justifications for sentencing first-time offenders more leniently than repeat offenders, and examines whether such a practice is defensible. Those justifications include a lack of awareness of the gravity of criminal behaviour, a single lapse, that no censure has previously been communicated by the criminal justice system to that person, adolescent-limited offending, the impact of being in a minority group, and non-uniform impact. It examines whether various sentencing philosophies support sentence reductions for first-time offenders, and whether the justifiability of such practices depends on the theoretical basis and aims of sentencing, for instance the role of proportionality and deterrence.

scholarly journals Gendered Justice: The Impact of Gender on Criminal Justice Policies and Legislation throughout the United Kingdom

2021 ◽  
Author(s):  
Samantha Perussich
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Crime Control ◽  
The Other ◽  
Criminal Behaviour ◽  
Traditional Role ◽  
The United Kingdom ◽  
Harm Prevention ◽  
The Impact

<h2>This article discusses the role of gender in the commission of crime, criminality, and harm prevention, by critically examining the notion of crime within theories about women’s and men’s criminality, and the gendered nature of crime control policies throughout the United Kingdom (UK), England, Wales, and Scotland. Throughout the literature, there has been a continued focus on women needing to be ‘repaired’ when they commit crime, because women are seen as having gone outside the traditional role of what it means to be female. On the other hand, the link between hegemonic masculinity and criminal behaviour among men is often ignored within criminal justice policies. It will be argued that both women and men are failed by a system that does not engage with gendered power and harms within society. A combination of targeted approaches that focus on the factors that lead to offending is required to reduce crime. </h2>

scholarly journals Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

Factors That Can Interact with Familiarity

2019 ◽  
pp. 77-88
Author(s):  
Joanna Pozzulo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Eyewitness Identification ◽  
Eyewitness Memory ◽  
Identification Accuracy ◽  
Personality Variables ◽  
Race Effect ◽  
The Impact

This chapter examines the role of estimator variables within eyewitness memory. Estimator variables are factors that occur during the time of the crime that may affect eyewitness identification accuracy. Various estimator variables are discussed, in conjunction with familiarity, to highlight how eyewitness recall and identification may be impacted. The chapter first discusses witness variables such as the role of the eyewitness (i.e., whether the witness is a bystander or a victim), the role of arousal during the time of the crime, the age of the witness, the cross-race effect, and personality variables that may impact identification accuracy. The chapter then discusses the challenges the criminal justice system faces when determining the impact of estimator variables on eyewitness identification accuracy and the need to consider these variables in conjunction with familiarity.

scholarly journals Triage: line or nets? Early intervention and the youth justice system

2014 ◽  
Vol 13 (4) ◽  
pp. 147-160 ◽  
Author(s):  
Sarah Soppitt ◽  
Adele Irving
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Design Methodology ◽  
Qualitative Data ◽  
Youth Justice ◽  
Content Type ◽  
The Impact ◽  
First Time

Purpose – The purpose of this paper is to present a discussion of the value of early diversion schemes, underpinned by the principles of restorative justice (RJ), for First Time Entrants (FTEs) into the criminal justice system (CJS). Design/methodology/approach – The paper focuses specifically on the findings of a 12-month study into the introduction of “Triage” by one Youth Offending Team (YOT) in the northeast of England. Findings – Re-offending data suggested that Triage is more effective in reducing re-offending than conventional justice practices, due to the restorative nature of the scheme. However, the qualitative data raised a number of issues, particularly relating to problems of “net-widening” and the impact of recording processes on young people's desistance, as well as the role of victim engagement in the process. These issues could undermine the long-term effectiveness of Triage and its successful application within other youth justice contexts. Originality/value – The paper aims to contribute further understanding regarding the impacts of RJ practices on reducing re-offending compared to traditional processes, and in particular, consider the role of implementation issues in the production of outcomes and impacts.

Liaison and diversion services: embedding the role of learning disability nurses

2016 ◽  
Vol 7 (2) ◽  
pp. 56-65 ◽  
Author(s):  
Vanessa Louise Shaw
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Social Inequalities ◽  
Activity Data ◽  
Content Type ◽  
North West ◽  
The North ◽  
The Impact

Purpose – The purpose of this paper is to improve the health and criminal justice outcomes for people who come into contact with the criminal justice system. People with learning disabilities (LD) are particularly vulnerable to health and social inequalities within the criminal justice system. Design/methodology/approach – Using examples from practice, this paper discusses some of the challenges and achievements experienced by a LD nurse employed within a liaison and diversion service within the North-West of England. Findings – Whilst the specific functions of liaison and diversion practitioners are detailed by National Health Service (NHS) England (2014), complexities in communication, multi-disciplinary working and role recognition affect the embedment of the role in practice. Research limitations/implications – The implications for practice are identified and recommendations for further research made. These seek to evaluate the impact of liaison and diversion services from the perspectives of LD nurses within liaison and diversion services, people with LD, their families and the wider multi-disciplinary team. Originality/value – NHS England (2015) are in the process of evaluating of liaison and diversion services. This paper adds to the evaluation by discussing the experiences of a LD nurse within a liaison and diversion service through the inclusion of activity data and illustrative examples.

scholarly journals Eroding Legitimacy? The Impact of Imprisonment on the Relationships between Families, Communities, and the Criminal Justice System

2018 ◽  
Author(s):  
Cara Jardine
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Power Relations ◽  
Social Inequalities ◽  
System P ◽  
The Impact ◽  
Damaging Effects

This chapter attempts to address the issues about the role of criminal justice agencies within prisoners’ families and communities, and how social inequalities consequently become heightened and entrenched, through the conceptual lens of legitimacy. It considers the idea that prison officers cannot simply impose their authority. Rather, the terms of these power relations should be defined by clear rules, consented to by prisoners, and also justifiable from their perspective. These arguments are instructive in this chapter as they highlight the importance of justice, fairness, and respect in achieving legitimacy. They also reveal the damaging effects when these qualities are absent from seemingly ‘everyday’ interactions.

scholarly journals Is crime getting increasingly violent? An assessment of the role of bank associated robbery in South Africa

2018 ◽  
pp. 33-41
Author(s):  
Mahlongonolo Thobane ◽  
Johan Prinsloo
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
General Public ◽  
Justice System ◽  
Banking Industry ◽  
Public Concern ◽  
Drastic Increase ◽  
The Impact

There is public concern about the violent nature of crime in South Africa and the continuously increasing levels of crime, both of which place a huge burden on the resources of the criminal justice system. ‘Bank associated robbery’ is a bank-related robbery (or attempted robbery) of cash, committed against a bank client while en route to or from a bank or ATM. Although this phenomenon is relatively unknown both in the academe and to the general public, the drastic increase in these violent and potentially traumatic crimes puts the general public at risk, and is therefore of particular concern to the banking industry and criminal justice practitioners. The impact and consequences of these robberies are aggravated by their interaction with the so-called trio crimes: home invasions and robbery, business robberies, and vehicle hijacking. In this article the dynamics of bank associated robbery are analysed, as well as its interrelationship with the trio crimes.

3. Statistics and official publications

2019 ◽  
pp. 37-58
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Behaviour ◽  
Crime Policy ◽  
Probation Service ◽  
The Impact ◽  
Insight Into

A number of government and other official agencies collect statistics that provide insight into the extent of criminal behaviour, and produce reports that explore issues such as the impact of crime; policy considerations concerning responses to crime; and evaluations of the work of the various agencies involved in the criminal justice system, such as the police, the courts, prisons, and the probation service. This chapter describes the various types of statistics and reports available, explains how they can be used in the study of criminology, and details where they can be found.

scholarly journals Gendered Justice: The Impact of Gender on Criminal Justice Policies and Legislation throughout the United Kingdom

2021 ◽  
Author(s):  
Samantha Perussich
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Crime Control ◽  
The Other ◽  
Criminal Behaviour ◽  
Traditional Role ◽  
The United Kingdom ◽  
Harm Prevention ◽  
The Impact

<h2>This article discusses the role of gender in the commission of crime, criminality, and harm prevention, by critically examining the notion of crime within theories about women’s and men’s criminality, and the gendered nature of crime control policies throughout the United Kingdom (UK), England, Wales, and Scotland. Throughout the literature, there has been a continued focus on women needing to be ‘repaired’ when they commit crime, because women are seen as having gone outside the traditional role of what it means to be female. On the other hand, the link between hegemonic masculinity and criminal behaviour among men is often ignored within criminal justice policies. It will be argued that both women and men are failed by a system that does not engage with gendered power and harms within society. A combination of targeted approaches that focus on the factors that lead to offending is required to reduce crime. </h2>

scholarly journals Sex Offenders’ Perceptions of the Police and Courts: Are There Spill-Over Effects?

2017 ◽  
Vol 45 (3) ◽  
pp. 364-380
Author(s):  
Sarah J. Brown ◽  
Carlo Tramontano ◽  
Nadine McKillop ◽  
Stephen Smallbone ◽  
Richard Wortley
Keyword(s):  
Criminal Justice ◽  
Sex Offenders ◽  
Police Officers ◽  
Justice System ◽  
Adult Males ◽  
Sexual Offenses ◽  
Perceptions Of Police ◽  
The Impact ◽  
Court Process

Individuals convicted of sexual offenses are rarely asked their views of the police and courts. The aims of this study were to examine the impact of feelings of guilt on perceptions of the police and police interview outcomes and spill-over effects from perceptions of the police to perceptions of the courts. Participants were 116 adult males incarcerated for sexual offenses who were invited to report their perceptions of police interviewers, feelings at the time of interview, interview outcomes, and perceptions of the court process. Feelings of guilt were related to perceptions of the police. Both feelings of guilt and perceptions of the police were associated with interview outcomes. Spill-over effects were found as perceptions of the police were directly related to perceptions of the courts. The findings highlight the important role of police officers as gatekeepers to the criminal justice system, with associated implications for police officers’ training and practice.

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