scholarly journals Risk Refraction: Thoughts on the Victim-Survivor’s Risk Journey through the Criminal Justice Process

2021 ◽  
Vol 10 (3) ◽  
pp. 177-190
Author(s):  
Charlotte Barlow ◽  
Sandra Walklate ◽  
Kelly Johnson

The limits of inter-agency understandings of risk in the context of intimate partner violence are well documented. Informed by Hester’s (2011) ‘three planet’ analogy and using empirical data in one police force area in the south of England, this paper offers an exploration of intra-agency operations, focusing on police risk assessment practices. Exploring the policing risk lens and the victim-survivor journey together, findings highlight police operate with at least three risk assessment moments (call hander, front-line and Safeguarding Hub) and point to the tensions that result when failing to centralise victim-survivors’ own assessment of their risk. Using complexity theory, this paper examines the complex interplay of risk that occurs when the victim-survivor risk journey intersects with the policing aspect of the criminal justice process.

Prejudice ◽  
2021 ◽  
pp. 135-154
Author(s):  
Endre Begby

This chapter addresses recent concerns about “algorithmic bias,” specifically in the context of the criminal justice process. Starting from a recent controversy about the use of “automated risk assessment tools” in criminal sentencing and parole hearings, where evidence suggests that such tools effectively discriminate against minority defendants, this chapter argues that the problem here has nothing in particular to do with algorithm-assisted reasoning, nor is it in any clear sense a case of epistemic bias. Rather, given the data set that we are given to work with, there is reason to think that no improvement to our epistemic routines would deliver significantly better results. Instead, the bias is effectively encoded into the data set itself, via a long history of institutionalized racism. This suggests a different diagnosis of the problem: in deeply divided societies, there may just be no way to simultaneously satisfy our moral ideals and our epistemic ideals.


2018 ◽  
Vol 5 (2) ◽  
pp. 103-118 ◽  
Author(s):  
Jacomina Gerbrandij ◽  
Barry Rosenfeld ◽  
Alicia Nijdam-Jones ◽  
Michele Galietta

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.


Author(s):  
Peace A. Medie

When and why do states implement international women’s rights norms? Global Norms and Local Action is an examination of states’ responses to violence against women (VAW) in Africa and their implementation of the international women’s justice norm. Despite the presence of laws on various forms of VAW in most African countries, most victims face barriers to accessing justice through the criminal justice system. This problem is particularly acute in post-conflict countries. International organizations such as the United Nations and women’s rights advocates have, therefore, promoted the international women’s justice norm, which emphasizes the establishment of specialized mechanisms within the criminal justice sector to address VAW. With a focus on the response of the police to rape and intimate partner violence in post-conflict Côte d’Ivoire and Liberia, this book theorizes the United Nations’ and women’s movements’ influence on the implementation of the international women’s justice norm. It draws on over 300 interviews in both countries to demonstrate that high international and domestic pressures, combined with favorable political and institutional conditions, are key to the rapid establishment of specialized mechanisms within the police force and to how police officers respond to rape and intimate partner violence cases. It argues that despite significant weaknesses, specialized mechanisms have improved women’s access to justice. The book concludes with a discussion of why a holistic approach to addressing VAW is needed.


2021 ◽  
pp. 107780122098834
Author(s):  
Kirk R. Williams ◽  
Richard Stansfield ◽  
Jacquelyn Campbell

This study seeks to determine the concurrent and predictive validity of a dual risk assessment protocol. It combines the risk of persistence in intimate partner violence (IPV) measured via the Domestic Violence Screening Instrument–Revised (DVSI-R) with supplemental items from the Danger Risk Assessment (DRA) bearing on the risk of potential lethality. We further test whether this assessment protocol reproduces disparities by race and ethnicity found in the larger population. Using a sample of 4,665 IPV male defendants with a female victim, analyses support both types of criterion validity. The DRA risk score is associated with felony charges, incarceration at the initial arrest, and the frequency of subsequent dangerous behavior. Results also suggest minimal predictive bias or disparate impact by race and ethnicity. Incorporating supplemental items bearing on potential lethality risk adds important information concerning the risk management strategies of those involved in IPV.


Partner Abuse ◽  
2013 ◽  
Vol 4 (1) ◽  
pp. 1-86
Author(s):  
Tonia L. Nicholls ◽  
Michelle M. Pritchard ◽  
Kim A. Reeves ◽  
Ed Hiltermana

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