The investigation of crime is one area in which the South African Police Service is measured on. There is no doubt that poor application of investigation methods results in acquittal of criminals or, at worst, failing to identify the perpetrator. In murder cases, the response from the communities who are directly affected is usually unpleasant and intolerable. This is so because murder is a crime against human life. One death in the family will have significant, undesirable implications to the family involved and, to a certain extent, the community. Violent crime such as murder has a negative effect, not only on the family who has lost the loved one, but also has a severe direct impact on the economy. For instance, no potential investors would want to associate themselves with a country where the incidence of violent crimes has become the norm and where the government appears to be reluctant to take tangible actions to remedy the situation. For years, the South African Police Service applied one methodology in murder investigations, even though their crime statistics showed that this type of crime was constantly increasing and required drastic steps to curb it. This study gives a detailed analysis of the prosecution-led investigation model and its feasibility in murder cases. This research was conducted on the basis that this model appears to work successfully in commercial crimes, judging by the conviction rates reported annually by the National Prosecuting Authority. The study discusses the current investigation model used by the South African Police Service in the investigation of murder and compares it to an intelligence-led investigation model. It then examines the meaning of the prosecution-led investigation. Finally, international experiences in terms of criminal investigation and prosecution procedures are discussed and compared with those of South Africa. The researcher explored the models from the selected countries and interviews conducted were used as a foundation for describing and explaining the future application of the findings emanating from this research. Using the qualitative approach, data was gathered by means of a literature review and qualitative interviews with the sampled participants to answer the research questions. The researcher is of the view that this study (analysing the prosecution-led investigation model in murder cases) presents a significant contribution to the development of practical guidelines that can be used to effectively and efficiently investigate murder cases. / Police Practice / D. Phil. (Criminal Justice)

Made available in DSpace on 2016-04-26T20:23:11Z (GMT). No. of bitstreams: 1 Vanessa Cristina de Souza.pdf: 914894 bytes, checksum: 6b9ebe4140c50c65ad499f759f3eba22 (MD5) Previous issue date: 2014-09-10 / In order to understand the formation of the justice system and its relationship to democracy as a fundamental condition for the realization of human rights, this work aims to deepen the debate on Criminal Justice through the analysis of existing formal and informal mechanisms of social control institutes of law, from the study of historical changes related to the formation and consolidation of democratic institutions, to analyze the criminal law of postmodernity and excessive use of authoritarian repressive instruments of law in democratic States as a way to curb crime that considered an enemy of society, with the construction of the debate on the punitive power of the State and its current monopoly of violence, addressing the extent to which this is legitimized and justified in Democratic States Law / Com o objetivo de compreender a formação do Sistema de justiça e sua relação com a democracia como condição fundamental para a efetivação dos direitos humanos, este trabalho visa a aprofundar o debate sobre Justiça Criminal por meio da análise dos mecanismos formais e informais de controle social existentes nos institutos do direito, a partir do estudo das mudanças históricas relacionadas com a formação e consolidação das instituições democráticas, para se analisar o direito penal da pós-modernidade e o uso desmedido de instrumentos repressivos autoritários em Estados Democráticos de Direito como forma de conter a criminalidade daquele considerado inimigo da sociedade, com a construção do debate sobre o poder punitivo do Estado e o seu atual monopólio da violência, abordando até que ponto esta se legitima e se justifica em Estados Democráticos de Direito

Made available in DSpace on 2016-04-28T14:16:10Z (GMT). No. of bitstreams: 1 Bartira Macedo de Miranda Santos.pdf: 435044 bytes, checksum: 63a71fed71cf98856b24594c5e7d5159 (MD5) Previous issue date: 2010-11-10 / This research seeks to demonstrate the significance of social protection ideas that have shaped the criminal justice system like the Criminal Code and the 1940 s Code of Criminal Procedure. It discusses the ideas of social defense made by the Italian Positive School, as justification of the punitive system. For this school, the social defense is the reason of criminal justice. Given the biological determinism of the born criminal, Lombroso, Ferri and Garofalo are committed to building a criminal science that is able to promote an effective social defense. Appart from the metaphysical approach of the classics and its theorizing abstract regarding the legal concept of crime, the Italian positivists sought to understand the causes of crime within the criminal person, replacing the deductive method by the inductive one. From 1884 the anthropological positivism was widely spread in Brazil. By not having their proposals adopted by the Criminal Code of 1890, the positivists have used this law, the fame of "the worst of all the known codes . Originally from the legal discourse, the social defense shall be incurred, since the first decades of the twentieth century, as a movement of Criminal Policy with a strong influence on the laws of the period, including the Brazilian laws / Esta pesquisa busca demonstrar o significado das idéias de defesa social que modelaram o sistema penal brasileiro, com o Código Penal e do Código de Processo Penal de 1940. Aborda as idéias de defesa social formuladas pela Escola Positiva Italiana, enquanto justificação do sistema punitivo. Para esta escola, a defesa social é a razão da justiça penal. Diante do determinismo biológico do criminoso nato, Lombroso, Ferri e Garofalo se empenharam em construir uma ciência penal que fosse apta a promover uma eficaz defesa social. Afastando-se da abordagem metafísica dos clássicos, com suas teorizações abstratas acerca do conceito jurídico de crime, os positivistas italianos buscaram compreender as causas do crime na pessoa do criminoso, substituindo o método dedutivo pelo indutivo. O positivismo antropológico teve ampla divulgação no Brasil, a partir de 1884. Por não verem as suas propostas adotadas pelo Código Penal de 1890, os positivistas empregaram a este diploma, a fama de o pior de todos os códigos conhecidos . Oriunda do discurso jurídico, a defesa social passa a se constituir, desde as primeiras décadas do século XX, como um movimento de Política Criminal, com forte influência sobre as legislações da época, inclusive a brasileira

This research assessed the perceived and actual roles of Faith-Based Organizations (FBOs) in their community and in working with offenders and their families in relation to the Criminal Justice System (CJS). Additionally, the research study evaluated this issue on the local level in an attempt to ascertain whether FBOs still do what they have historically been perceived to do or whether their involvement with the CJS has shifted in any way. Particularly, the research study also examined perceptions of staff members from FBOs regarding services and support provided for families of offenders. The sample was selected using a combination of convenience and snowball sampling. Group sizes ranged from 2-5 participants. A total of 14 participants interacted in the focus groups. Each focus group lasted approximately one hour. All focus groups were recorded using a digital audio recording device, and transcriptions of the focus groups were prepared. The transcripts were prepared using a combination of edited and intelligent transcription techniques. Researchers reviewed the transcriptions for recurring themes. Twenty-four initial themes were generated. Researchers then reviewed the themes for redundancy which resulted in 10 themes being identified. The transcripts were then coded based on the 10 revised themes. These themes focused on issues related to the perceived and real roles of FBOs in relation to the Criminal Justice System. As expected, the researchers found that FBO programming difficulties and concerns (f = 65) and misperception and lack of church involvement in the lives of offenders and the CJS (f = 50) were the most recurring themes. Miscommunication and lack of connection between the CJS and community was found to be the third most recurring theme (f = 15), followed closely by lack of reunification of offenders with their families (f = 14). Perceptions of participants such as clergy and mental health practitioners confirmed the researcher’s expectations that offenders often express deep anxiety and concern over being separated from their families. Thus, current programming efforts may reflect a lack of emphasis on services designed to rejoin offenders with their families or reintegrate them in family systems based on participants’ perceptions. Analysis of the data is ongoing. Researchers will return to the data to further discuss theme coding and to determine if additional themes emerge. All identified themes will be further assessed for inter-rater reliability.

African American women, in particular those who are economically marginalized, are disproportionately subject to surveillance by social service and criminal justice agencies (James et al., 2003) and are vulnerable to race- and gender-biased policy implementation (Chibnall et al., 2003; Zerai, 2002). They also experience population-specific personal (Ehrmin, 2001, 2002), social (Riehman, Iguchi, Zeller, & Morral, 2003; MacMaster, 2005), and economic barriers (Tighe & Saxe, 2006) to accessing and entering substance abuse treatment services. These factors contribute to lower rates of treatment entry follow-through (Siqueland et al., 2002) and higher drop-out rates (Scott-Lennox, Rose, Bohlig, & Lennox, 2000) than women from other racial and ethnic groups. This qualitative study explored African American women’s perceptions of mandated referral to substance abuse treatment and the impact of those perceptions on their treatment entry. The sample included 17 women age 18 years and over who were currently enrolled at three gender-specific treatment programs (one intensive outpatient and two residential) in a major southeastern urban area. This naturalistic inquiry (Lincoln and Guba, 1987) was informed by Black feminist epistemology (Collins, 2000) in accordance with recommendations for culturally sensitive research with women of color (Landrine, Klonoff, & Brown-Collins, 1995). Participants completed one-time, in-depth (one to two hour) interviews in which they were invited to explore their experiences with mandated substance abuse treatment referrals from state agencies (child protective services and the criminal justice system). Results indicate that participants generally perceived the treatment mandate as helpful. However, they also indicated that their willingness and ability to follow-through with treatment entry were influenced by multidimensional (Marlowe, Merikle, Kirby, Festinger, & McLellan, 2001) and interacting factors. Participants identified influence factors that included intra- and interpersonal concerns, the quality of interactions with state agencies, and treatment-specific issues. Results are presented along with suggestions for counselors and future research.

Ample empirical evidence highlights the significant prevalence of persons with mental health issues and concurrent disorders involved in the criminal justice system. This population frequently uses services provided by community based non-profit organizations for aid and support. Yet, there is a dearth of research that addresses the prevalence of mental health issues and concurrent disorders amongst those served by such organizations, and the barriers to community reintegration that they face. Focusing on the prevalence of mental health issues and concurrent disorders among individuals involved or at risk of involvement in the criminal justice system, the John Howard Society of Waterloo-Wellington and the University of Guelph embarked upon a mixed-methods community-engaged research partnership. Information for the clients in the ‘Community Aftercare’ program was collected in relation to mental health issues and concurrent disorders. Our data reveal the ‘typical’ profile of the clients accessing the Aftercare program, which includes a high prevalence of mental health issues and concurrent disorders. Further, interviews identified stigma, history of victimization, complex needs, criminal history, diminished welfare state, and a lack of social support/social capital as barriers faced by the Aftercare clients. The Aftercare program, however, acts as a form of social support and builds social capital for the clients. A lack of adequate funding to address the complex needs of the Aftercare clients was identified as a program limitation, and the findings revealed a need for additional funding.

Thèse numérisée par la Division de la gestion de documents et des archives de l'Université de Montréal

This thesis explores the concept of justice and its relationship with violence against women in intimate heterosexual relationships (VAWIHR). Open-ended questions elicited information on the work conducted by five women who self identified as working on the front lines of VAWIHR. A themes analysis of the interviews located five practices of justice in the interviews: front-line workers, government policy and funding allocation, custody practices, the criminal justice system, and alternative responses. None of the five practices of justice was able to respond effectively to VAWIHR. Front-line workers, essential for supporting and guiding women through the other practices of justice, are limited in their responses by government policy and funding allocation. Custody practices and the criminal justice system are unable to deal adequately with VAWIHR because such practices cannot contextualize responses to the issues, and realities of VAWIHR. The potential alternatives for VAWIHR address some of the issues, but not the full complexity of VAWIHR

This thesis explores the concept of justice and its relationship with violence against women in intimate heterosexual relationships (VAWIHR). Open-ended questions elicited information on the work conducted by five women who self identified as working on the front lines of VAWIHR. A themes analysis of the interviews located five practices of justice in the interviews: front-line workers, government policy and funding allocation, custody practices, the criminal justice system, and alternative responses. None of the five practices of justice was able to respond effectively to VAWIHR. Front-line workers, essential for supporting and guiding women through the other practices of justice, are limited in their responses by government policy and funding allocation. Custody practices and the criminal justice system are unable to deal adequately with VAWIHR because such practices cannot contextualize responses to the issues, and realities of VAWIHR. The potential alternatives for VAWIHR address some of the issues, but not the full complexity of VAWIHR

Made available in DSpace on 2015-05-07T14:27:01Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 1001202 bytes, checksum: 50531aa6fa8b88dc8e209c37d771d3a5 (MD5) Previous issue date: 2011-05-12 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This master s dissertation aims to investigate how alternative sanctions are enforce in Brazil in order to identify if this practice constitutes a model for preventing criminal recurrence and protecting the fundamental rights of persons who have been sanctioned due to low and medium gravity crimes. The research starts by analyzing the State punitive power through the point of view of the Democratic State under the Rule of Law and the penalty principles in the Brazilian Constitution, situating the alternative sanctions and measures within the minimalist approach of Criminal Law. Subsequently it analyzes the public policies which approach the public security problem in a broader way, focusing mainly in the criminality prevention, and also points out the pendular character of Brazilian criminal law, which moves between greater and lesser strictness. Further on, it highlights the failure of imprisonment, and the alternative sanctions are presented as criminal sanctions with an educational and reintegrating character. From the treatment provided to alternative sanctions and measures in the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), the research emphasizes the alternative sanctions and measures in the Brazilian legislation and analyzes such alternatives as an interaction process between the State, the community and individuals. Furthermore, it stresses the course taken by the Brazilian experience in the implementation of public policies aimed at the enforcement of alternative sanctions, highlighting the Alternative Sanctions and Measures Incentive Program from the Brazilian Ministry of Justice (Programa de Fomento às Penas e Medidas Alternativas do Ministério da Justiça). The sustainability of the support policy to alternative sanctions and measures in the states, taking into account experiences in several ones, is also analyzed, as well as the proposal for a public security policy with citizenship in the enforcement of alternative sanctions and measures; last, but not least, this research also evidences the possibility of structuring an autonomous alternative criminal justice system in the country. / A presente dissertação tem por objetivo perquirir a forma como as alternativas penais são executadas no Brasil a fim de identificar se essa prática constitui modelo de prevenção de reincidência criminal e proteção de direitos fundamentais de pessoas que foram sancionadas criminalmente pelo cometimento de delitos de pequena e média gravidade. A pesquisa parte da análise da pretensão punitiva a partir da ótica do Estado Democrático de Direito e dos princípios penais constitucionais brasileiros, situando as penas e medidas alternativas dentro da visão minimalista do Direito Penal. A seguir analisa as políticas públicas que enxergam o problema da segurança pública de maneira mais ampla, com foco principal na prevenção da criminalidade e evidencia o movimento pendular da legislação penal brasileira entre maior e menor rigor penal. Destaca o fracasso da pena de prisão e as penas alternativas são apresentadas como sanções penais de caráter educativo e reintegrador. A partir do tratamento dado às penas e medidas alternativas pelas Regras Mínimas das Nações Unidas para a Elaboração de Medidas Não Privativas de Liberdade (Regras de Tóquio), enfoca as penas e medidas alternativas na legislação brasileira e analisa as alternativas penais como processo de interação entre Estado, comunidade e indivíduos. Enfatiza, ainda, o percurso da experiência brasileira na implementação de políticas públicas voltadas para a execução penal alternativa, com destaque para o Programa de Fomento às Penas e Medidas Alternativas do Ministério da Justiça brasileiro. A sustentabilidade da política de apoio às penas e medidas alternativas nos estados, por meio da experiência de algumas unidades da federação, também é analisada, bem como a proposta de política de segurança pública com cidadania na execução das penas e medidas alternativas e, por fim, evidencia a possibilidade da estruturação de sistema penal alternativo autônomo no país.