Increasingly individuals are coming into contact with the criminal justice system. For millions of Americans this contact is mediated by the victimization or offense of a loved one. This study focused on exploring what the family members of victims and offenders identify as their needs and concerns in relation to the criminal justice system, assessing if the system is effective in addressing these needs and concerns, and understanding how these families' lives are shaped by interaction with the system. Grounded theory method was used to analyze the narratives posted on two on-line message boards, one for victims' families and one for offenders' families. The results from this study suggest that both groups express the same frustrations and concerns about the criminal justice system, and that both groups develop similar coping strategies to assist them in negotiating the system after initial incarceration or victimization.

Available research demonstrates that public perceptions and beliefs about the Criminal Justice System (CJS) differ from its actual processes and procedures, but there is little research on the effects of such a difference, specifically with regard to wrongful accusation and/or conviction of factually innocent persons, and their families. Perceptions and beliefs, held as reliable and accurate knowledge, may impact on wrongful accusation/conviction of the factually innocent, both on the lived experiences of wrongly accused/convicted persons themselves, and on perceptions held about them (and responses to calls for case reviews) within the wider public. Although a great deal of research has been carried out on the subject of wrongful conviction generally, this has focussed, in the main, on legal, procedural and structural causes of wrongful conviction, and, in particular, on a small number of ‘high profile’ cases. This research examines perceptions and beliefs held as knowledge by individuals claiming to be factually innocent, wrongly accused/convicted persons, and the results of attempts to employ such perceptions and beliefs to maintain claims of innocence. Further, the experiences of family and friends of the wrongly convicted, whose lives continue in the community following the conviction of their family member, are examined, with particular attention to the interface of beliefs and perceptions between such families and the wider community. To a lesser extent, the role of the media, in shaping public opinion, the effects of media coverage on trial procedures and outcomes, and non-reporting or selective reporting is also addressed. A series of semi-structured interviews was carried out throughout the UK, with wrongly accused/convicted persons, family members of those individuals, and members of groups and organisations working to highlight the problems of wrongful accusation and conviction. A survey aimed at examining key perceptions and beliefs, held as factual knowledge about the CJS within the wider public, was also conducted. The analysis of the data indicated that not only do individuals and families attempt to employ erroneous perceptions and beliefs as factual knowledge in cases of wrongful accusation and conviction, but that such attempts feed into and support the case against the wrongly accused (in direct opposition to the aims and objectives of those employing them). Furthermore, knowledge of the actual workings of the CJS (held by CJS actors) can be, and is, used to exploit the ignorance of those so accused, and their family members. This is made possible because legal meanings of key words and phrases are vastly different from their commonly understood meanings, a factor known only to CJS actors, and not, generally, to the wider public. Political rhetoric and media representations support and reinforce those commonly held understandings, simultaneously maintaining the inaccessible code of actual CJS processes, thereby influencing public perceptions of those who are accused and convicted.

The cognitive and/or behavioural problems associated with Fetal Alcohol Spectrum Disorder (FASD) place this population at increased risk of involvement in the justice system. Although FASD poses challenges at each stage of the justice system, legal discussion and commentary have pinpointed the sentencing stage as the phase in which the issue of FASD is most commonly raised and considered. The purpose of this study is to examine if (and how) FASD is being taking into consideration at sentencing. To this end, a comparative analysis of 87 sentencing judgments (42 FASD offenders and 45 non-FASD offenders) reported in Quicklaw was conducted. Cases were matched on most serious offence (assault, robbery and sexual assault) and jurisdiction (Yukon, British Columbia and Ontario). Descriptions of FASD and non-FASD offenders as reported by judges were found to differ in a number of significant ways. Similarly, sentencing purposes applied to each offender group emerged as distinct. Despite these distinctions, no differences were found in the type and length of sentence handed down (even after controlling for criminal record and breaches). These findings indicate a need for further research and possible policy changes.

Foucault's 'governmentality approach' developed the notion of 'dividing practices' (1991; see Seddon 2007) which recognises that how individuals and groups are categorised determines how they are governed. This thesis draws on critical disability studies and criminological literature on 'doing justice to difference' to develop a disability perspective in criminology, in order to analyse the governance of offenders with autism. It argues that there is descriptive and normative value in proactively categorising these groups as 'disabled' under the 'social model' of disability. The social model of disability is helpful in enabling us to distinguish between impairment and disablement. It allows us to comprehend the 'psy' literature, which explores the link between the 'symptomatology' of autism and criminality (the 'impairment branch' of the distinction) in combination with the 'interconnecting variables' (Browning and Caulfield, 2011) which lead offenders with autism into the criminal justice system and their inequitable experiences (the 'disablement branch' of the distinction). This is timely given the entrenchment of this model in the Equality Act 2010 and the inception of the Autism Act 2009, Statutory Guidance (DOH, 2010; 2015) and related policy. Using cross-method triangulation of qualitative data collected through interviews with elites and practitioners, textual analysis and court observation of eight adult defendants with autism through their court process, this thesis investigates why the status of this group as disabled under the Equality Act 2010 has been overlooked in criminal justice policy and criminal court decision-making. It examines the extent to which policy-makers and criminal justice decision-makers consider the defendant's autism in their decision-making about the defendant's case in the courts. Finally, it examines the impact of 'collateral' effects of the criminal justice process on family members who supported these defendants.

Japan has been seen as a safe country in the world. Previous studies that show societal and cultural characteristics have contributed to the comparative low crime rates. Also, the roles of criminal justice system are critical. Today, Japanese society favors a more punitive approach towards offenders. The present study examined which variables of economic factors, socio-structural factors, and deterrence factors affected Japanese crime rates (i.e., homicide, robbery, and larceny), testing for Institutional anomie theory (IAT) and deterrence theory. I conducted visual examination of co-variation with Z-scores and an ARIMA (autoregressive integrated moving average), with Japanese governmental data from 1955 to 2012. The results indicated homicide rates were explained by neither IAT nor deterrence variables. Robbery rates were significantly related with unemployment rates and divorce rates, supporting IAT. Larceny rates were strongly associated with clearance rates, giving support to deterrence theory. Based on the results, practical implications and limitations were discussed.

In this paper, we try to understand the high prevalence rates of domestic violence in the United States. Using the history behind domestic violence, the psychology behind male batterers and batterer intervention programs we discover solutions to help reduce battery recidivism rates. An analysis of the criminal justice system regarding police intervention and Family Court result in future policy implications. In addition, the proposed solutions are creating lasting impact in either batterer intervention programs or policies. Lastly, policy and future implications are discussed without reducing batterer responsibility.

The aim of this diploma thesis is to introduce and compare the rules and regulations of criminal responsibility and ways of punishing of youth offenders in the Czech Republic and in England and Wales. The thesis is divided into three parts. The first part deals with rules and regulations in the Czech Republic, the second part deals with rules and regulations in England and Wales, and the third part compares the rules and regulations in both jurisdictions mentioned. The third part also includes de lege ferenda considerations about the possible usage of findings from the English jurisdiction in the Czech legal system. The first part of this thesis systematically describes relevant provisions of Act No. 218/2003 Sb., the Juvenile Justice Act (ZSVM). This act is partly based on a welfare model, when it accents protection of a youth against outer risk factors, and it is partly based on a justice model, when it imposes an obligation on a youth to take responsibility for his/her unlawful actions. Besides, it acknowledges the principles of restorative justice - it stresses the obligation of a youth to redress the harm he/she has caused, to satisfy the needs of his/her victim and to reintegrate back into society. ZSVM differentiates between three types of sanctions - educational, protective and criminal. The minimal...

The cognitive and/or behavioural problems associated with Fetal Alcohol Spectrum Disorder (FASD) place this population at increased risk of involvement in the justice system. Although FASD poses challenges at each stage of the justice system, legal discussion and commentary have pinpointed the sentencing stage as the phase in which the issue of FASD is most commonly raised and considered. The purpose of this study is to examine if (and how) FASD is being taking into consideration at sentencing. To this end, a comparative analysis of 87 sentencing judgments (42 FASD offenders and 45 non-FASD offenders) reported in Quicklaw was conducted. Cases were matched on most serious offence (assault, robbery and sexual assault) and jurisdiction (Yukon, British Columbia and Ontario). Descriptions of FASD and non-FASD offenders as reported by judges were found to differ in a number of significant ways. Similarly, sentencing purposes applied to each offender group emerged as distinct. Despite these distinctions, no differences were found in the type and length of sentence handed down (even after controlling for criminal record and breaches). These findings indicate a need for further research and possible policy changes.

The protection of survivors of sexual violence during court proceedings is as important as the court proceedings themselves, as any mishaps may impact greatly on the well-being and future engagement of these survivors with the criminal justice system. The issue of secondary victimization remains a problem faced by many survivors of sexual violence who try to seek justice for their ordeal. It is against this background that several international, regional and national documents have been enacted with hopes of mitigating the issue of secondary victimizations from the criminal justice system and its actors. The court as an institution within the criminal justice system is established to handle all criminal and civil cases within a defined jurisdiction and as such is charged to handle all cases of sexual violence filed before it. However, the role of the court in protecting victims especially victims of sexual violence is increasingly being questioned. Therefore, the dissertation seeks to explore the issues surrounding the protection of survivors of sexual violence in the Ghanaian court. To adequately explore the issue under consideration, a qualitative research approach was adopted, which entailed on-site observations and interviews. As a case study, the gender court was selected as the site for the research. The findings of the study support a strong argument for an expansive approach from the court and all stakeholders of the criminal justice system, from both structural and legal approaches as well as the need for an attitudinal change to harness the protection of survivors of sexual violence who seek justice for their ordeal. Thus, the findings point to the need for urgent attention to help reduce the risk of secondary victimization in the court.

A dearth in research pertaining to the secondary victimisation of child victims in the criminal justice system (CJS) exists. The study set out to conduct a criminological investigation into the prevalence and nature of secondary victimisation of child victims, identifying whether current policies and legislation are enforced in practice, and considering and describing measures which should be taken to reduce the occurrence of secondary victimisation of child victims in the CJS. In order to achieve this aim, a qualitative research approach was applied and Piquero and Hickman’s extended control balance theory guided the study. Eleven semi-structured interviews were conducted with role-players who have at least two years’ experience working with child victims in the CJS. These role-players consisted of one social worker in private practice and social workers from the Teddy Bear Clinic for Abused Children. By utilising thematic analysis, distinct themes and sub-themes were identified. The results indicated that child victims invariably encounter secondary victimisation whilst proceeding through the CJS. This victimisation was reiterated to be related to various criminal justice professionals who deal with child victims without the sufficient training and knowledge needed. The effect of secondary victimisation was proven to be substantial on child victims and showed to often result in withdrawal, delinquent behaviours as well as suicidal tendencies. The majority of the participants affirmed that the current provisions, although powerful in theory, are not being enforced in practice and expressed the dire need for training to be provided to all professionals who engage with child victims. / Dissertation (MA)--University ofPretoria, 2019. / Social Work and Criminology / MA / Unrestricted