Global Perspectives on Reforming the Criminal Justice System
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9781799868842, 9781799868866

Author(s):  
Scott Thomas Duncan ◽  
Hannah Geczi

Police hold a unique and distinctive status compared to any other occupation in society with their authority to use force. With such responsibility, communities expect law enforcement to be held accountable when force is applied. One of the many proposed solutions embraced by authorities and the public to decrease the number of force encounters is body-worn cameras (BWCs). The purpose of this chapter is to examine BWCs as a measure of reducing force by law enforcement, explore the technology as an enhancement to transparency within the context of police-community relations, and offer recommendations for adoption rooted in best practices. For the public, it is imperative to recognize BWCs as just one part of improving law enforcement oversight as opposed to providing an all-encompassing solution that will completely resolve issues of transparency.


Author(s):  
Kenny A. Hendrickson ◽  
Kula A. Francis

Globally, at least half of the released prisoner population will return to incarceration before the end of their first year in society. Going against generally accepted notions, deliberation should be given to the existence of transience in habitual recidivists' or habitual convicted criminal offenders' (HCCOs') life course. The HCCO is habitually, chronically, or serially recidivistic (above the average recorded number of arrests and imprisonment, i.e., anything above or equal to five). Furthermore, transience can be considered as junctures of socio-cognitive unsteadiness, impermanence, and inconstancy that leads to the uncoupling of positive bonds within human and environmental relationships. Accordingly, this chapter discusses two outlooks of the transient state of HCCO: the habitual prisoner revolving door syndrome and habitual transient life course disconnect. Finally, this work concludes by promoting the reentry and rehabilitation of convicted criminal offenders based on conditions of productive law-abiding citizenship.


Author(s):  
Vipin Vijay Nair ◽  
Sandra Anil Varkey

Trafficking of persons, primarily women and children, is one of the growing social dilemmas concerning global society today. Not only is human trafficking a highly sensitive and polarizing subject, but it is also considered a common norm in many countries. Many women recruited into commercial sex work are coerced into the profession exploiting their financial and economic condition but continue to work in the profession to survive through easy money. The chapter focuses on a theoretical framework for understanding the victimization of female sex workers. It also reflects various lacuna in the present criminal justice system and law enforcement mechanism in criminalizing victims within the sex work industry. The chapter narrates the voices of commercial sex workers in India over the prejudices and criminalization by various laws and regulations towards their consensual sex work. The chapter recommends sensitization training and awareness amongst various stakeholders of the criminal justice system.


Author(s):  
Daskyes Yohanna Gulleng

Policing in Nigeria has never been this challenging. Aside from accusations of violence and brutality, the police are widely regarded as ineffective and inefficient. While insecurity surges across the country, regional security networks are springing up in an uncoordinated manner, raising questions about ownership and control. This further gave rise to agitations for either community policing and state police from the political class, civil societies, and traditional institutions. This chapter situates police violence in the context of the popular #EndSARS# protest and reviews issues surrounding police reforms in Nigeria. Within the context of the challenging insecurity in the north central region, the chapter looks at the merits and demerits of community police and state police to determine what works and makes recommendations on the appropriate policing strategy in the region.


Author(s):  
Debarati Halder

Police and prosecution are the two essential elements in criminal justice systems, especially for justice delivery to the victims as well as for the accused. Cybercrimes targeting women have remained a menace for the victims, police, and prosecution for over a decade now in India and the UK. This chapter aims to research on the comparative analysis of relationship of police and prosecution for case management with special reference to cybercrimes against women cases between UK and India to find positive solutions for restitution of justice in such cases.


Author(s):  
Allan T. Moore

In this chapter, the author conducts a critical analysis and comparison of laws and practices that legitimise discretionary power in the courtroom from a selection of global north and south jurisdictions. The specific offence of contempt of court in facie curiae is the central focus, where the use of full judicial autonomy, summary, and arbitrary hearings have survived now well into the 21st century. The research conducted shows that there is a global problem with significant overreach of power by members of the judiciary in nearly all jurisdictions investigated. In some cases, this could be viewed as being extreme enough in its overreach to justify being described as abuse of power. Further evidence is presented showing little by way of accountability being held against those judges who misuse their discretionary powers in the courtroom. Recommendations are that there should be reform or development of practice through both judicial training and proportionate disciplinary action where overreach is proven to have occurred in order to minimise future overreaches of power.


Author(s):  
Jayesh D'Souza

Homelessness and related community ailments have plagued society for a number of years, and governments have found it difficult to get these under control. The sheer number of homeless with mental health afflictions and problematic substance use problems leaves no doubt about the need for a stronger, more urgent government response. Community ailments such as these have led to increased crime rates and incarcerations and overcrowded prisons without a lasting solution in sight. This chapter uses the transformative justice model, with the expectation it produces better results than current models, by examining the source of homelessness, mental health afflictions, and problematic substance use and their bi-directional relationship with crime. This inter-jurisdictional study compares the current situations in the state of California and the province of Ontario, which have a high percent of homeless populations. It proves that special attention to vulnerable populations such as racialized groups, the socioeconomically disadvantaged, and youth is warranted.


Author(s):  
Marty Allen Hatfield

Tough-on-crime policies and strategies, such as mandatory minimum and determinate sentencing laws and more severe punishments for juveniles, sex offenders, and drug offenders, have caused a substantial increase in the U.S. incarceration rate. Mass incarceration has generated several negative consequences, including racial bias and disparities, economic and social costs, and prison overcrowding. As such, the use of community corrections programs as an alternative form of sentencing has significantly increased. To effectively reduce crime and recidivism, community corrections programs must 1) utilize a validated risk and needs assessment when determining program placement; 2) provide participants with comprehensive, evidence-based services, including substance abuse and mental health treatment; 3) focus on modifying participants' behavior through treatment goal setting and the use of graduated incentives and sanctions; and 4) strive to hire and retain qualified staff, provide both initial and ongoing training, and monitor treatment staff with regular clinical supervision.


Author(s):  
Jessica Mueller-Coyne ◽  
Ronn Johnson ◽  
Valene Gresham

There are various barriers associated with successful reentry into society for individuals released from prison. Reuniting with family members, rehabilitation efforts, employment, and housing are just some examples of obstacles individuals face when released into the community. Additionally, the costs stemming from the number of people incarcerated, length of stay in prison, racial disparities, and the mental status of offenders create an increased risk for post-release readjustment complications. This chapter focuses on what we call the Pentagonal Post-Release Risk Assessment Framework, or the 5 Rs, which include consideration for risk association of recidivism, reunification, rehabilitation, reintegration, and racism. For individuals released back into the community, it is imperative to consider the 5 Rs. Neglecting one or more of the 5 Rs may perpetuate a cycle of reoffending.


Author(s):  
Marty Allen Hatfield

To prevent and control crime using the community-oriented policing model, law enforcement agencies must develop positive relationships and partnerships with the communities they serve. Unfortunately, several obstacles impede the development and maintenance of police-community partnerships, particularly excessive force and other forms of misconduct, and negative coverage of law enforcement by the media. To restore public trust in the police, agencies must implement competency-based interviews and assessments during the hiring process; develop a recruitment plan to attract more diverse applicants; provide regular crisis intervention, de-escalation, and implicit bias training to all officers; and evaluate and make any necessary improvements to existing use-of-force and disciplinary policies. Future research should continue to evaluate the impact of community policing on crime rates, the impact of body-worn cameras on misconduct, and the correlation between higher education and misconduct.


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