scholarly journals Repositioning the Victim in Victimology through Theory: The Concentric Model

2020 ◽  
Vol 1 (1/2) ◽  
pp. 43-53
Author(s):  
Ochuko Oluku
Keyword(s):  
Justice System ◽  
Legal Status ◽  
Great Promise ◽  
Crime Victimization ◽  
Victim Status ◽  
New Concepts ◽  
Structural Variables ◽  
Criminological Theories ◽  
Crime Causation ◽  
Research And Policy

This work examines the inadequacies of the current victimological and criminological theories for not giving the rightful focus to the victim as their subject matter. The two predominant strands of current theorizing, ‘native’ and adapted perspectives were questioned for blaming the victim for his victimization or attributing his predicament to socio – structural variables, instead of the crime perpetrator. The legal status of the victim is not considered by both perspectives: hence, the paper proposes a concentric model, which seeks to restore the victim to his rightful place within the criminal justice system. The victim is appropriately portrayed as an inactive player in crime causation, who is at the receiving end of the activities of outlaws. New concepts, ‘former normal’, ‘victim status’ and ‘victimal’ state are introduced to properly capture the ‘alterative’ harm offenders inflict on their victims, some of which many never recover from. It attempts a reconstruction of the process of victimization, and with the aid of two empirical case studies, demonstrates the possibility of discovering the pattern of offender victimization through mass studies of crime victimization data. Results from the studies can be used to formulate strategies to halt crime and break the cycle of victimization. The model holds great promise for research and policy on prevention of victimization and victim support and treatment in the criminal, or any alternative justice system.

scholarly journals Pozycja prawna pracowników kolejowych w okresie militaryzacji PKP w drugiej połowie lat czterdziestych XX wieku

2021 ◽  
Vol 43 (3) ◽  
pp. 115-127
Author(s):  
Artur Ogurek
Keyword(s):  
Military Service ◽  
Justice System ◽  
Legal Status ◽  
Literature Research ◽  
Main Factors ◽  
Railway Workers ◽  
The Military

The article is an attempt to present the changes in legal status of railway workers as a result of the militarization of railways in Poland in the second half of the 1940s, including the context and consequences of the militarization process. Literature research as well as query and analysis of legal acts led us to the conclusion that as a result of recognizing PKP employees as called up for military service, their subordination for committed crimes, the jurisdiction of the Military Prosecutor’s Office of the Polish State Railways, and the Military Court of PKP were established. In the article I also describe the main factors of the transformation the special justice system underwent in the analyzed period, proving that it was not the first militarization of the railways in Poland, as well as that the legal acts introducing the militarization in 1944 referred to — at least partially — the tradition of the previous double militarization of railways in the Second Polish Republic.

scholarly journals Zasada podmiotowego traktowania skazanych w kodeksie karnym wykonawczym z 1997 roku

2020 ◽  
Vol 54 ◽  
pp. 239-263
Author(s):  
Barbara Stańdo-Kawecka
Keyword(s):  
Risk Assessment ◽  
Risk Management ◽  
Justice System ◽  
Legal Status ◽  
Criminal Policy ◽  
Two Dimensions ◽  
Compromise Solution ◽  
The Public ◽  
Assessment And Monitoring ◽  
Correctional Programmes

During the work on the draft of the 1997 Code of the Execution of Penalties (CEP) much attention was paid to the principle of the treatment of sentenced persons, and particu-larly those serving prison sentences, as subjects. In the Polish penological literature two dimensions of that principle were indicated. The first one referred to the strengthening of the sentenced person’s position in relation to enforcement authorities by means of precise regulations concerning his/her legal status and effective mechanisms for the protection of his/her rights. The second dimension meant the abandonment of forced rehabilitation and providing sentenced persons with the ability to decide freely whether they wanted to partici-pate in correctional interventions. Undoubtedly, the 1997 CEP strengthened the legal status of a sentenced person. As regards the abandonment of forced rehabilitation, the legislator chose a compromise solution according to which the participation in correctional interven-tions was, as a rule, voluntary, but in some cases it was mandatory. Like in other countries, in Poland in the last decade the idea of the public protection against crime played an in-creasingly important role in the criminal policy. In the criminal justice system focused on risk management, the treatment of sentenced persons as subjects requires providing them with reliable information on the possible consequences of their decisions concerning the participation in offered correctional activities. Additionally, it requires providing them with adequate access to empirically proven correctional programmes as well as introducing a transparent system of risk assessment and monitoring during the execution of the imposed penalty or penal measure.

Formerly Incarcerated Men’s Negotiation of Family Support

2020 ◽  
pp. 219-234
Author(s):  
Johnna Christian
Keyword(s):  
Family Support ◽  
Family Relationships ◽  
Family Members ◽  
Policy Implications ◽  
Great Promise ◽  
Formerly Incarcerated ◽  
Familial Support ◽  
Incarcerated Men ◽  
Depth Interviews ◽  
Research And Policy

Research about prisoner reentry has identified an assortment of needs for formerly incarcerated men. In addition to concerns such as finding employment, securing housing, and complying with supervision requirements, they must navigate family relationships that may have been strained prior to incarceration, and are further challenged by the separation imposed by confinement. Paradoxically, these family relationships that pose challenges also hold great promise to mitigate some of the other hardships posed by reintegration. Family members often provide support and assistance that is not readily available through other channels: a place to sleep, transportation, job leads, meals, and encouragement. Yet, the provision and receipt of instrumental and emotional support requires substantial negotiation of fluid and shifting relationship dynamics. Emotional attachments therefore become entangled with instrumental needs, the availability of specific resources, and willingness to share these resources. Through analysis of in-depth interviews with formerly incarcerated men in an urban Northeastern city, this chapter examines how they identify potential avenues of familial support, how they balance and maximize resources gained from family members, and how they manage strains in family relationships. Research and policy implications for understanding both the benefits and limitations of family support for formerly incarcerated men are discussed.

CRIMINOLOGICAL AND PENAL ASPECTS OF ISSUING A FALSE OPINION BY AN EXPERT WITNESS - DRAFT REPORT ON RESEARCH PROJECT WITH PROPOSALS FOR CHANGES IN THE LAW DETERMINING THE LEGAL STATUS OF EXPERT WITNESSES

2020 ◽  
Vol 136 (4) ◽  
pp. 360-375
Author(s):  
KRZYSZTOF JÓŹWICKI
Keyword(s):  
Expert Opinion ◽  
Justice System ◽  
Legal Status ◽  
Expert Witness ◽  
Criminal Responsibility ◽  
Negative Impact ◽  
Penal Code ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Draft Report

Evidence in the form of an expert opinion is usually of key importance for settling a pending case in any type of proceedings. In some cases, the role of the expert witness is closer to that of a judge rather than that of a witness, since a judge who does not have special knowledge often has to use evidence given by an expert to render a judgement. For this reason, issuing a false expert opinion results in a very high risk of delivering a wrong and unfair decision in a given case, which in turn has a negative impact on the social perception of the functioning of the justice system. In the Polish Criminal Code, criminal responsibility for issuing a false opinion is stipulated in Article 233 (4) and (4a) of the Penal Code. At the same time, despite a very large number of reports of suspicion that a crime has been committed by an expert witness, only a negligible number of investigations result in a bill of indictment and a conviction, which causes virtual impunity of perpetrators and has a negative impact on the functioning of criminal justice. Due to the diagnosed research gap in this area, the need to investigate and describe the phenomenon of issuing false opinions by expert witnesses, both in normative and criminological terms, on the basis of empirical research, has been clearly seen. The main objective of the research has been to characterise the phenomenon in question on many levels and to determine its real extent, its etiology and symptomatology. An additional aim of the research has been the verifi cation of research hypotheses and recognition of the normative sphere of the expert witness’s status, expert evidence, and principles of responsibility for issuing false opinions. The research fi ndings have resulted in proposals of solutions aimed both at limiting the phenomenon of issuing false opinions and more effective prosecution of perpetrators of crimes under Article 233 (4) of the Penal Code, which in turn may translate into more effi cient functioning of the entire justice system, as expert witnesses and their work are an extremely important aspect of thereof. The conducted research has fully confi rmed the research hypotheses and precisely indicated defective areas of expert evidence, and consequently the need to introduce immediate legislative changes. Some of the research conclusions and de lege ferenda postulates were implemented into the amended provisions of the Penal Code in 2016, which fully confi rms their legitimacy. Unfortunately, there is still no legal act of statutory rank which would comprehensively regulate the status of expert witnesses and expert evidence.

Nature of Crime Victims in Bangladesh

2019 ◽  
Vol 6 (2) ◽  
pp. 147-152
Author(s):  
Nelufer Yesmen
Keyword(s):  
Criminal Justice ◽  
Local Governments ◽  
Justice System ◽  
Crime Victims ◽  
Crime Victimization ◽  
Crime Victim ◽  
The Right ◽  
Secondary Method ◽  
The Ideal

The study focused on realizing the condition of crime victim and it is a tearing problem in Bangladesh. Police are the principal delegates of the criminal justice system local jurisdictions across the country face significant challenges in criminal justice. The particular sorts of crime and criminal justice problems that local governments face change extensively the nation over. To observe the nature of crime victimization in Bangladesh and try to find out the factors and their legal appreciations is the objectives of this study. In addition, secondary method and data is used for fulfillment of the study. There are some factors increase the visibility of victims i.e. role of media, the higher public profile etc. The victim is weak in relation to the offender – the ‘ideal victim’ is likely to be a female, sick, very old or very young and victim is blameless for what happened. Victims suffer from trauma resulted from the crime. Legal appreciation of victims’ right is, the Code of Criminal Procedure 1898, Section 545 (1 & 2) and section 546 recognized the right of compensation, but the opportunity was hardly available.  

Gender, Psychology, and Justice

2017 ◽  
Keyword(s):  
Gender Equity ◽  
Justice System ◽  
Legal Status ◽  
Well Being ◽  
Psychological Research ◽  
Initial Contact ◽  
Policies And Procedures ◽  
Intersecting Identities ◽  
The Way

This book offers a critical analysis of girls’ and women’s experiences in the justice system, from their initial contact with law enforcement to their interaction with prosecutors, judges, and other court officials. Examining the gendered organization of the justice system is an essential step towards gender equity and effective practice in diverse legal settings. This includes recognition of the way women’s intersecting identities influence their perception and experience of the law and the justice system. This book discusses the way gender intersects with race, class, and sexual orientation in ways that impact the legal status and psychological, behavioral, and economic well-being of diverse girls and women. It examines the way social norms regarding the rights of girls and women influence policies and procedures in multiple arenas of the justice system and highlights the role of psychology and helping professionals in shaping legal policy. Each chapter provides a summary of the research on specific female populations in diverse arenas of the justice system; outlines practical implications for training and interventions grounded in psychological research; and formulates new organizing principles for working with diverse women and girls in legal settings.

The Impact of Crime Victimization and Fear of Crime on Attitudes Toward Death Penalty Defendants

1987 ◽  
Vol 2 (2) ◽  
pp. 99-114 ◽  
Author(s):  
Rick Seltzer ◽  
Joseph P. McCormick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Justice System ◽  
Fear Of Crime ◽  
Crime Victimization ◽  
Attitudes Toward Death ◽  
The Impact ◽  
Mitigating Circumstances ◽  
Penalty Phase

A 1983 telephone survey of 610 respondents in two Maryland counties found that the general disposition of the respondents toward the criminal justice system was a better predictor of abstract attitudes toward the death penalty than either the respondents’ fear of becoming crime victims or whether they had been victims of crime. Yet respondents’ fear of crime victimization was a better predictor of their willingness to impose the death penalty or to accept mitigating circumstances during the penalty phase of a capital case than their abstract attitudes toward the criminal justice system. Respondents who were “somewhat” afraid of crime victimization were less likely to support the death penalty than were respondents who were “very” afraid or “not” afraid of victimization. These findings indicate that previous research on the death penalty may have been flawed because the wording of the questions asked was too abstract and unidimensional.

scholarly journals Causes of School Bullying

2008 ◽  
Vol 57 (6) ◽  
pp. 849-877 ◽  
Author(s):  
Byongook Moon ◽  
Hye-Won Hwang ◽  
John D. McCluskey
Keyword(s):  
School Bullying ◽  
Policy Implications ◽  
Future Research ◽  
General Theory Of Crime ◽  
Differential Association Theory ◽  
Theory Of Crime ◽  
Global Concern ◽  
General Strain ◽  
Criminological Theories ◽  
Research And Policy

A growing number of studies indicate the ubiquity of school bullying: It is a global concern, regardless of cultural differences. Little previous research has examined whether leading criminological theories can explain bullying, despite the commonality between bullying and delinquency. The current investigation uses longitudinal data on 655 Korean youth, in three schools, to examine the applicability of leading criminological theories (general theory of crime, differential association theory, and general strain theory) in explaining school bullying. Overall, our findings indicate limited support for the generality of these three leading criminological theories in explaining the etiology of bullying. However, the findings show the significant effects of school-generated strains (teachers’ physical and emotional punishment and examination related strain) on bullying. Directions for future research and policy implications of these findings are discussed.

scholarly journals Editorial

2017 ◽  
Vol 14 (5) ◽  
pp. 1
Author(s):  
Francois Venter
Keyword(s):  
Human Rights ◽  
South African ◽  
Justice System ◽  
Legal Status ◽  
International Criminal ◽  
Modern Society ◽  
Common Denominator ◽  
Criminal Courts ◽  
The Common ◽  
The University

This issue opens with an oratio by one of South Africa's most senior judges, the Honourable LTC Harms who suggests that the South African criminal justice system should learn from the experience of international criminal courts regarding a merger of elements from accusatorial and inquisitorial systems.Shaun de Freitas and Georgia Myburgh of the University of the Free State argue that, if the protection of being human serves as the common denominator in the international discussion of human rights, and if human rights are deeply inclusive, however culturally and historically diverse, then failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where it is due.Roger Evans of UNISA contends that modern society, socio-political developments and human rights requirements have necessitated a broadening of the classes of assets that should be excluded or exempted from insolvent estates.

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