justice practice
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2022 ◽  
Vol 14 (2) ◽  
pp. 854
Author(s):  
Charlie E. Sutton ◽  
Mark Monaghan ◽  
Stephen Case ◽  
Joanne Greenhalgh ◽  
Judy Wright

This article examines the problematic reductionism and decontextualising nature of hegemonic youth justice intervention evaluation and offers a way ahead for a realistic, context-sensitive approach to intervention evaluation in the youth justice field. It opens by considering how the development of risk-based youth justice interventions in England and Wales flowed from and fed into the modernisation and resultant partiality of the ‘evidence-base’, which shaped youth justice practice. It then moves to a critical review of the emergence and continued influence of risk-based interventions and the ‘What Works’ intervention evaluation framework in youth justice. In the closing discussion, this article envisages the potential of taking a realist approach to the evaluation of youth justice interventions to mitigate the limitations of current approaches to intervention selection and the evaluation of their ‘effectiveness’.


Author(s):  
Christian Whalen

AbstractArticle 37 is inspired by the provisions of the International Covenant on Civil and Political Rights (ICCPR). However, it extends the ICCPR’s provisions to the protection of the children by: (1) imposing the prohibition of life imprisonment for children without the possibility of release; (2) demanding that detention of a child shall be used as a measure of last resort and be imposed for the shortest period of time; and (3) providing to children deprived of liberty the right to maintain contacts with their family members. Article 37 imposes a child-centred understanding of its provisions and rights. These rights extend beyond the ambit of child justice administration to all situations where children may be deprived of liberty, including, for example, child protection settings, health care settings, and immigration settings. This chapter analyses Article 37 rights in accordance with four essential attributes, as enumerated in its four constituent paragraphs: (1) the prohibition in paragraph (a) on torture or ill-treatment, specifically ruling out capital punishment and life imprisonment without parole for minors; (2) the prohibition in paragraph (b) of unlawful and arbitrary deprivations of liberty, insisting that such sanctions are a measure of last resort that must only be imposed for the shortest appropriate period; (3) the limitations on the deprivation of liberty, including the core commitment in paragraph (c) to upholding the child’s inherent dignity and right to be treated with humanity in such circumstances; and (4) the right, in paragraph (d), to minimal due process guarantees which must accompany any child’s deprivation of liberty. While youth criminal justice practice varies greatly from state to state, Articles 37 and 40 have emerged as a codification of global standards set out in the Beijing Rules and a summary prompt to the adoption of guidelines and minimum rules for the protection of children deprived of liberty and the prevention of youth crime. Article 37 should therefore be applied consistently with the recent General Comment no. 24 (2019) on Children’s Rights in the Child Justice System.


Ius Poenale ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 75-86
Author(s):  
M. Kemal Pasha Zahrie

The presence of Constitutional Court Decision Number 65/PUUVIII/2010 expands the meaning of witnesses in Article 1 point 26 of the KUHAP, resulting in the emergence of various interpretations in criminal justice practice concerning the position of verbal witness testimony as evidence. Juridically, the decision creates problems considering that the Criminal Procedure Code or Kitab Undang-Undang Hukum Acara Pidana (KUHAP) does not recognize verbal witnesses' testimony as evidence. This study examined the position and the strength of verbal witnesses' testimony as evidence in criminal proceedings. After gathering all the data using normative and empirical juridical research, this paper concludes that the testimony of verbal witnesses is grouped in the evidence of guidance in Article 188 Paragraph (1) of the KUHAP because the testimony of verbal witnesses is not primary evidence. After all, its existence is contingent on the judge's willingness to employ it. The strength of proof of testimony of verbal witnesses is that they must satisfy the elements of Article 188 paragraph (1) of the KUHAP, namely the information referred to in the form of events or circumstances concerning a criminal act, as well as conformity with other evidence, as required by Article 188 paragraph (2) of the KUHAP.


2021 ◽  
pp. 002204262110563
Author(s):  
Traccy A.W. Martins ◽  
Jason A. Ford

A large portion of the U.S. population is justice-involved, an important at-risk population with poor physical/mental health outcomes and increased rates of substance use. Using the 2018 National Survey on Drug Use and Health, the current study assesses marijuana use across level of community-based justice involvement (i.e., arrest, probation, and parole) among adults. Given increasing rates of marijuana use and a relative lack of research, the current study addresses an important gap in the literature. Findings from logistic regression analysis show that adults who had been arrested or were on probation were more likely to use marijuana compared to adults with no justice involvement, while adults on parole were less likely to use marijuana than those on probation. This study offers evidence of differences in marijuana use across level of justice involvement, which may be attributable to other substance use behaviors, and has important implications for criminal justice practice.


2021 ◽  
Author(s):  
◽  
Annabel Shaw

<p>Alternative dispute resolution (ADR) has been used around the world as a means to resolve conflict for hundreds of years, and has existed in its more modern form for more than four decades. Despite this long history and widespread use, ADR is still challenged as an illegitimate part of the justice system. This challenge has not gone unheeded and has been met with a vigorous defence. Much of the ensuing debate centres on the comparison between this ‘alternative’ form of justice and what is often called the more traditional form, adjudication. This paper addresses the longstanding claim made as part of this debate that ADR undermines the rule of law. Specifically, it seeks to determine whether ADR and the rule of law can be reconciled. It does this by firstly laying out and analysing the arguments made for and against ADR in this regard. Following this analysis, it proposes that ADR and the rule of law can be reconciled through the symbiotic relationship that exists between ADR and adjudication within the modern justice system. This theory is then evidenced through a case study by way of an examination of New Zealand’s restorative justice practice in the adult criminal justice system. The paper finds that ADR contributes necessary functions to the modern justice system, including the opportunity for broader justice through the wide and encompassing resolution of disputes that it can provide, and is clearly established as an essential component of the modern justice system. It concludes that ADR does not undermine the rule of law and these two can be reconciled.</p>


2021 ◽  
Author(s):  
◽  
Annabel Shaw

<p>Alternative dispute resolution (ADR) has been used around the world as a means to resolve conflict for hundreds of years, and has existed in its more modern form for more than four decades. Despite this long history and widespread use, ADR is still challenged as an illegitimate part of the justice system. This challenge has not gone unheeded and has been met with a vigorous defence. Much of the ensuing debate centres on the comparison between this ‘alternative’ form of justice and what is often called the more traditional form, adjudication. This paper addresses the longstanding claim made as part of this debate that ADR undermines the rule of law. Specifically, it seeks to determine whether ADR and the rule of law can be reconciled. It does this by firstly laying out and analysing the arguments made for and against ADR in this regard. Following this analysis, it proposes that ADR and the rule of law can be reconciled through the symbiotic relationship that exists between ADR and adjudication within the modern justice system. This theory is then evidenced through a case study by way of an examination of New Zealand’s restorative justice practice in the adult criminal justice system. The paper finds that ADR contributes necessary functions to the modern justice system, including the opportunity for broader justice through the wide and encompassing resolution of disputes that it can provide, and is clearly established as an essential component of the modern justice system. It concludes that ADR does not undermine the rule of law and these two can be reconciled.</p>


2021 ◽  
pp. 113-134
Author(s):  
Keith Guzik ◽  
Gary T. Marx

This chapter encourages social scientists, policy planners, and public administrators to reflect critically on the methods used to define crime problems and policy responses to them. It argues for the increased use of ethnographic methods in formulating policy by seeking points of connection with quantitative approaches. Quantitative methods are better suited for crime policy given their methodological rigor, instrumental and programmatic orientation, and relatively low costs per datum unit. However, qualitative methods have a complementary role to play, being better attuned to the subjective experiences of crime and crime control and better able to illustrate factors correlated with these phenomena. Ethnographic methods permit reflexivity regarding the broader settings and specific contexts of crime and criminological research. Two cases of ethnographic techniques within criminal justice practice are shared to demonstrate their viability—one from the US Department of Justice and another from Court Watch Poland. The chapter finishes with lessons for researchers and policy planners, including the importance of engaging in collaborative research, triangulating methods, embracing uncomfortable findings, and reconsidering research ethics.


2021 ◽  
Author(s):  
◽  
Carolyn Shaw

<p>This PhD examined a therapist’s experience of illness/disability to see if any new light could be shed on music therapy whilst also finding ways to navigate disability as a practitioner. There has not been adequate research attention given to the experiences of music therapists who have an illness/disability. The position is often negotiated in isolation with minimal tools and resources. An arts-based autoethnography was used to determine how the close examination of one’s personal experience with illness/disability can impact on practice, how the work can be negotiated, and to uncover any new practical or theoretical meanings. Furthermore, it looked to determine what arts-based autoethnography could offer one’s practice. A poststructural lens was used that drew on social constructionism, feminism, and the work of Michel Foucault. Data generated from a music therapist’s practice, experiences of illness/disability, literature, and professional documents were analysed using Foucault’s “critical ontology of ourselves” (Foucault, 1984b, p. 47).  Hidden processes of problematic ableism were found within the practice examined as well as in some educational and professional encounters. These regimes of ableism were supported by universalising and dichotomising discourses, namely humanism, western normativity, limited observable understandings of disability, and the enforcement of able/disabled divide through many binaries. The methodology provided the tools to reposition the practice to politicise disability and address ableism.  Addressing ableism was found to be more complex than simply incorporating disability issues into existing contemporary frameworks. The analysis led to the development of Post-Ableist Music Therapy (PAMT). PAMT extended the relational ethic beyond what was present in the prior practice by drawing on aspects of posthumanism, agonistic plurality, and increasing the visibility of disability studies and crip theory. Therefore, PAMT offers a different lens to the critical orientations’ apparatus: a social justice practice not based on empowerment and humanism but on agonism and posthumanism instead. As there is a lag in the theorisation of ableism, PAMT provides an alternative framework that can be applied to current approaches to increase our professional consciousness of ableism.  By repositioning the practice and exploring alternative subjectivities, the professional and personal narratives of a therapist experiencing illness/disability became more integrated, working with–not against–each other in a shared activism. The methodology fostered an increased ethical care of the self; offered tools that critiqued what we are; experimented with going beyond the limits imposed on us. The use of such tools could have wider application in the everyday practices of therapists. The findings have significant implications for practice and training, as the challenges people and societies face cannot be adequately dealt with without tools to explicitly uncover and address normalisation and ableism.</p>


2021 ◽  
Author(s):  
◽  
Carolyn Shaw

<p>This PhD examined a therapist’s experience of illness/disability to see if any new light could be shed on music therapy whilst also finding ways to navigate disability as a practitioner. There has not been adequate research attention given to the experiences of music therapists who have an illness/disability. The position is often negotiated in isolation with minimal tools and resources. An arts-based autoethnography was used to determine how the close examination of one’s personal experience with illness/disability can impact on practice, how the work can be negotiated, and to uncover any new practical or theoretical meanings. Furthermore, it looked to determine what arts-based autoethnography could offer one’s practice. A poststructural lens was used that drew on social constructionism, feminism, and the work of Michel Foucault. Data generated from a music therapist’s practice, experiences of illness/disability, literature, and professional documents were analysed using Foucault’s “critical ontology of ourselves” (Foucault, 1984b, p. 47).  Hidden processes of problematic ableism were found within the practice examined as well as in some educational and professional encounters. These regimes of ableism were supported by universalising and dichotomising discourses, namely humanism, western normativity, limited observable understandings of disability, and the enforcement of able/disabled divide through many binaries. The methodology provided the tools to reposition the practice to politicise disability and address ableism.  Addressing ableism was found to be more complex than simply incorporating disability issues into existing contemporary frameworks. The analysis led to the development of Post-Ableist Music Therapy (PAMT). PAMT extended the relational ethic beyond what was present in the prior practice by drawing on aspects of posthumanism, agonistic plurality, and increasing the visibility of disability studies and crip theory. Therefore, PAMT offers a different lens to the critical orientations’ apparatus: a social justice practice not based on empowerment and humanism but on agonism and posthumanism instead. As there is a lag in the theorisation of ableism, PAMT provides an alternative framework that can be applied to current approaches to increase our professional consciousness of ableism.  By repositioning the practice and exploring alternative subjectivities, the professional and personal narratives of a therapist experiencing illness/disability became more integrated, working with–not against–each other in a shared activism. The methodology fostered an increased ethical care of the self; offered tools that critiqued what we are; experimented with going beyond the limits imposed on us. The use of such tools could have wider application in the everyday practices of therapists. The findings have significant implications for practice and training, as the challenges people and societies face cannot be adequately dealt with without tools to explicitly uncover and address normalisation and ableism.</p>


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