The Influence of Community Leaders on the Criminal Justice System of Gender-based Violence in West Africa: A Case Study of Nigeria and Ghana

Author(s):  
Olanike S Adelakun

Gender-based violence (GBV) continues to be a global phenomenon. Though many African countries have taken legislative steps to criminalise various acts that constitute GBV, the effectiveness of which has been challenged and documented. Many victims/survivors seek informal communal justice that is appropriate and acceptable in their specific communities. This article examines community-based justice approaches in the criminal justice system of GBV crimes in West Africa, specifically in Nigeria and Ghana. While Nigeria is a purely patrilineal society, Ghana is a hybrid of both patrilineal and matrilineal societies. The article examines the influence of matrilineal culture on community justice regarding GBV crimes in Ghana. It examines the effectiveness of these approaches in identifying and punishing offenders as well as ensuring justice and closure for survivors as compared to formal justice in the prosecution of GBV offenders and the protection of survivors. The qualitative socio-legal method was adopted to conduct a desktop literature review as well as to collect fresh data by way of interviews. It was found that community-based justice is gaining popularity owing to several factors, including the slow process of formal justice dispensation, corruption and high rates of case attrition. Suggestions for reforms of the formal criminal justice system to gain a balance with the community systems of criminal justice in Nigeria and Ghana are made.

Author(s):  
Erika Rackley ◽  
Clare McGlynn ◽  
Kelly Johnson ◽  
Nicola Henry ◽  
Nicola Gavey ◽  
...  

AbstractDespite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system.


2018 ◽  
Vol 15 (1) ◽  
pp. 70-96
Author(s):  
Pilar Albertín Carbó ◽  
Jenny Cubells ◽  
Maria Carmen Peñaranda ◽  
Luz María Martínez

This article discusses how practices in the Spanish criminal justice system relate to Organic Law 1/2004 on measures against gender-based violence. We examine the predominant construction of the problem and the secondary victimization1 of women. Data were collected from two sources: participant observation at police victim support units and courts dealing with violence against women,2 and in-depth interviews with abused women and legal and psychosocial professionals. Our analysis has uncovered a lack of institutional resources for detecting psychological violence and negative stereotyping of female victims. We conclude that a gender perspective should be incorporated into criminal justice system practices.


2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.


2019 ◽  
Vol 23 (4) ◽  
pp. 319-343
Author(s):  
Emma E. Fridel

Research has shown that female offenders typically receive differential treatment in the criminal justice system in comparison to their male counterparts, even for extreme crimes like murder. This study compares the criminal sentences of 300 homicide offenders who killed at least two victims with a single co-offender (150 pairs) within their dyads using the actor–partner interdependence model (APIM) to determine if gender has an effect on leniency for even the most extreme crimes. Women were less likely to receive the harshest possible punishment, regardless of their partner’s gender. These findings provide support for the female leniency effect, suggesting that gender bias continues to influence sentencing decisions for homicide.


Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 73
Author(s):  
Erin Beck ◽  
Amir Mohamed

In 2008, Guatemala passed the Law against Femicide and Other Forms of Violence against Women, establishing the gender-based killing of women (femicide) as a unique crime. Since then, over 9000 Guatemalan women and girls have died violent deaths. How do Guatemalan institutions and publics react to these women’s murders, and what do these reactions reveal about the impacts of legislative reform for individual victims, Guatemalan society, and criminal justice institutions? To answer these questions, we analyze state, media, and public reactions to three high-profile femicides that took place after the 2008 VAW Law. We trace the criminal justice response and legal developments following each femicide, and couple this with an analysis of newspaper coverage and social media commentary about the case. We find that despite the passage of new legislation and the creation of new institutions, various weaknesses in the Guatemalan criminal justice system undermine the impacts of reforms. These weaknesses in the criminal justice system produce three types of injuries: (1) individual injuries by hurting victims and their families; (2) public injuries by diverting public attention away from reflections about social norms and VAWG; and (3) institutional injuries by reinforcing the public’s distrust of the criminal justice system.


2012 ◽  
Vol 5 ◽  
pp. 161
Author(s):  
Tammy A Marche ◽  
Jennifer Briere

Research points to the pedagogical value of an engaged and community service-learning approach to developing understanding of course content (Astin, Vogelgesang, Ikeda, & Yee, 2000).  To help students achieve a better understanding of how the discipline of psychology contributes to the discipline of law, some students in a second year psychology class participated in a community-based research project, partnering with the Elizabeth Fry Society and the John Howard Society.  The objective of the study was to determine whether there are differences in attitudes towards the criminal justice system between individuals who have, and have not, been in conflict with the law.  The student-researchers interviewed men and women from the John Howard and Elizabeth Fry Societies, who had been in conflict with the law, regarding their attitudes toward the criminal justice system, and compared their responses to those given by undergraduate psychology students who did not participate as student-researchers in the project. Responses revealed some commonalities (e.g., recommendations to change sentencing practices) as well as differences (e.g., satisfaction with the justice system). The students wrote a research report describing the findings of the study as well as their reflections on their experience.  In addition to the positive feedback received from the community organizations, the students participating in the project reported that they found it to be a  positive, enriching, and rewarding experience. 


2017 ◽  
Vol 3 (1) ◽  
pp. 61-74
Author(s):  
Chris Blatch ◽  
Andrew Webber ◽  
Kevin O’Sullivan ◽  
Gerard van Doorn

Purpose The purpose of this paper is to determine recidivism costs and benefits for 1,030 community-based male offenders enrolled in a domestic abuse program (DAP) compared to an untreated control group (n=1,030) matched on risk factors. Design/methodology/approach The study time frame was October 1, 2007-June 30, 2010 with reconvictions measured to December 31, 2010. Follow up averaged 19 months. Controls received standard community supervision, but no domestic violence group interventions. Follow up measures included court costs for violent and non-violent reconvictions; re-incarcerations and community-based orders costs measured in days. Findings Adjusting for time at risk, DAP enrollees had 29 percent fewer reconvictions, 46 percent fewer violent reconvictions, 34 percent fewer custodial days, but 23 percent more days on community orders. Costs: DAP enrollment avoided $2.52 M in custodial costs, but higher community correction costs (+$773 K) and court costs (+$5.8 K), reducing the DAP’s criminal justice system cost savings to $1.754 M ($8.92 M for the DAP group compared to $10.67M for controls). Cost benefits: when the 64 DAP program costs were deducted ($602 K), the net benefit to the New South Wales criminal justice system was $1,141 M, or $1,108 per enrollee, providing a net benefit/cost ratio of 2.89. If the DAP was completed, the net benefit was $1,820 per offender. These results compares favorably to economic evaluations of other community-based interventions. Practical implications Group interventions for domestically violent (DV) offenders can provide good investment returns to tax payers and government by reducing demand on scarce criminal justice system resources. The study provides insights into justice costs for DV offenders; a methodological template to determine cost benefits for offender programs and a contribution to cost-effective evidence-based crime reduction interventions. Originality/value Using a rigorous methodology, official court, custodial and community correction services costing data, this is the first Australian cost benefit analysis of a domestic violence group intervention, and the first to justify program expenditure by demonstrating substantial savings to the criminal justice system.


2020 ◽  
Vol 44 (2) ◽  
pp. 87-97 ◽  
Author(s):  
Robert O Motley ◽  
Yu-Chih Chen ◽  
Carnayla Johnson ◽  
Sean Joe

Abstract The prevalence of community-based violence (CBV) exposure among black American male emerging adults ages 18 to 25 with a history of involvement with the criminal justice system is a major public health concern. Although exposure (whether as victim or witness) to CBV is linked with negative outcomes, empirical research examining black men’s negative emotional responses to seeing videos of real-life incidents of CBV on social media is scant. To address these identified concerns and make recommendations for future research, the present study examines the relationship between seeing videos of CBV on social media and three types of negative emotional responses (that is, feeling sad, angry, and fearful) prior to incarceration among a sample of 101 black men detained in a midwestern jail. Social media use and seeing videos of CBV on social media were moderately high for study participants. Seeing a video involving police violence was significantly associated with an increase in the odds of feeling sad, angry, and fearful. Social media research is an emerging area that has the potential to advance our understanding of the impact of seeing social media videos of police violence on the well-being of black men and factors that mediate or moderate this relationship.


Author(s):  
Lisa M. Shannon ◽  
Afton Jackson Jones ◽  
Jennifer Newell ◽  
Connie Neal

Drug courts seek to break the cycle of substance use and crime by providing a community-based intervention to individuals with criminal justice involvement and substance-related issues. This study examined recidivism over a 2-year follow-up period as well as factors associated with recidivism for a sample of drug court participants (i.e., graduates and terminators) and a non-equivalent comparison group (i.e., individuals referred/assessed for the program who did not enter). In the 2-year follow-up window, fewer drug court graduates had any convictions compared with program terminators and referrals; specifically, fewer drug court graduates had drug trafficking convictions compared with program terminators and referrals. Fewer graduates were arrested and incarcerated in jail and/or prison in the 2-year follow-up; furthermore, graduates had spent less time incarcerated compared with program terminators and referrals. Demographics (i.e., age, race, marital status) and prior criminal justice system involvement were associated with recidivism; however, these factors had differential impacts for the three groups (i.e., graduates, terminators, and referrals). Drug court shows promise as a community-based intervention that helps keep individuals out of the criminal justice system during a 2-year follow-up period.


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