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

The situation of prisons in Africa has been of concern to practitioners in the criminal justice system, researchers, policy makers, the government and even international organizations. Likewise, is the challenge of not having adequate information about prison system in Africa. In addition, most African countries are signatories to international treaties and convention regarding the treatment of prisoners, to what extent are prisons in Africa complying with the provisions and recommendation of such treaties and conventions. This study was therefore designed to explore the prison system in Africa countries. As part of its objectives the study explored the prison condition in countries in Africa as exemplified by the physical structure of the prison buildings; living conditions with regards to overcrowding, medical care, separation of categories, food, sanitation, beds and beddings, administration and independent monitoring. Furthermore, the treatment and prison conditions of pre- trial detainees were also considered. Similarly, this thesis evaluated the treatment and prison conditions of prisoners with special needs. This category of prisoners include prisoners with mental health care needs, prisoners with disabilities, foreign national prisoners, older prisoners, prisoners on the death row and prisoners living with HIV/AIDS. The conditions and treatment of women prisoners, pregnant women prisoners, and babies living with their mothers in prison were also discussed. The Nelson Mandela Rules, Kampala and Luanda declarations were employed as a bench mark to ascertain whether the treatment and conditions in prisons in Africa meet up to international standards. The study adopted a qualitative approach of inquiry using literature search as mode of inquiry. Data for the study was obtained from books, reports from international organisations such as United Nations, United Nations Office on Drugs and Crime, Penal Reform International, Amnesty International, international conventions and treaties among others, journals (Local, Africa and International), reports from selected countries, government legislations, policies, Acts, previous studies on prison system, web based information and national data. The review of literature with regards to physical structure revealed that most prisons in African countries do not meet international standards pertaining to the issue of physical structure as most prison building are dilapidated and in bad conditions. The study further revealed that the prisons and treatment of prisoners in African prison do not meet international standards. In specific terms, most of the prisons in countries in Africa are overcrowded; most prisons are also characterized by inadequate medical care with lack of facilities, medical personnel and medications. To a large extent most prisons do not meet international standards with reference to separation of categories as most prisons in countries in Africa lock up awaiting trial persons with convicted persons, minor offenders with adult but in most cases women are separated from men. The food situation in most prisons in countries in Africa did not meet international standards in quantity and nutritional value. The finding of the study indicated that the sanitary conditions in most prisons in countries in Africa is in very poor condition which could lead to an outbreak of diseases, this too did not meet international standards. Most prisons in countries in Africa are typified by lack of beds and beddings, prisoners in some prisons sleep on bare floors while some sleep standing while others sleep in shifts. This condition does not meet international standards. With regards to administration it was equally revealed that the record keeping of most prisons in countries in Africa is inadequate, most prisons do not have an ombudsman where prisoners could lodge their complaints while corruption seem to also be rife. This do not meet international standards as well. However, on a good note, most prisons in countries in Africa do permit independent observers such as NGOs, human rights organisations and international organization to have access to the prisons Furthermore, literature search disclosed that the population of awaiting trial person in prisons in Africa is very high when compared to the total prison population and that some countries in Africa are among countries in the world with highest number of pre - trial detainees. The treatment and living conditions of pre - trial detainees in most prisons in African countries do not meet international standards as they are locked in overcrowded cells, often locked up with convicted persons, no legal representation and having to stay longer that the stipulates without being charged to court. The thesis also conducted literature search on prisoners with special needs and the study point out that in each of the categories, prisons in countries in African countries do not meet international standards. For instance, there are no provisions to meet the mental health care needs of prisoners as there are no mental health practitioners, no facilities and no screening is conducted in most prisons. Similarly, there are no facilities to assist prisoners living with physical disabilities as well as older prisoners. The situation with foreign national prisoners are not different as there are no translation of prison materials that could make them adjust well to prison life, in some cases their consular are not contacted that they are in prison. With regards to prisoners on the death row, their conditions did not meet international standards as they are locked up in solitary confinement for most part of the day and their cells are often dirty with inadequate food and medical care. Some of this category of prisoners have been on the death row for as long as twenty years. For prisoners living with HIV/AIDS their treatment and condition does not met international standards as there are not treatment of any kind neither is there any form of screening conducted for inmates. For women prisoners, the treatment and conditions do not meet international standards as most prisons were not designed with women in mind. The living condition is unsanitary, unhygienic exemplified with inadequate toilet and bathroom facilities as well as no supply of peculiar needs of women such as sanitary towels. Review of literature equally indicates that there is no special treatment given to pregnant women prisoners. For children living with their mothers in prison, their treatment does not meet international standards as there is no special provision made for them, they share food with their mothers, some are locked up with their mothers for hours in overcrowded cells. Based on the finding of this study, some recommendations were made. These include the need to conduct more studies on prisons in countries in Africa, the need to consider reviewing the indigenous methods of treatment of offenders before the advent of colonial masters, need for a synergy amongst all practitioners in the criminal justice. Other recommendations are that there should be more advocacy on the prison conditions, need to establish a special trust fund, involve the private sector as well as professional bodies and to professionalize corrections management / Corrections Management / Ph. D. (Criminal Justice System)

This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. SUMMARY “Modern slavery – be it bonded labour, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country... [It] is an affront to our values and our commitment to human rights.” (US Secretary of State Hillary Rodham Clinton, US Department of State, Trafficking in Persons Report, 2010) This study was conducted with the aim to critically analyse how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa. In this study the researcher conducted a review of pertinent literature, both international and national, to gain an understanding of the problem being researched. Relevant international legislation which informs South African legislation was accordingly considered in order to explain the current legal framework that forms the foundation to address this problem. A survey was conducted to gain insight into the phenomenon of human trafficking in South Africa. Thereafter interviews were conducted in order to understand the meaning provided by individuals to the problem researched. The researcher also explored how the federal police in Australia address the specific problem relating to the identification and investigation of human trafficking, as they have appointed a leading human trafficking task team focusing on this phenomenon in specific. Links and associations were identified through the knowledge and facts gained in this study, exploring past events and theories developed from former research relating to this topic. This formed the foundation of the study in order to describe and explain future application of findings emanating from this research. The explanatory sequential mixed-method design was used with the main purpose to use the qualitative data to help explain in more detail the initial quantitative results obtained. The explanatory sequential mixed-methods design assisted the researcher to follow a procedure whereby the mixed-mode survey design was applied to collect data through questionnaires. These questionnaires were in the form of mailed, self-administered surveys and in-person interviews with human trafficking provincial coordinators, police officials and investigators of human trafficking within the nine provinces country wide during the first quantitative phase of this study. The data were analysed and followed up during the second qualitative phase with interview schedules that were used in semi-structured one-on-one interviews with the following persons: police investigators working at the SAPS organised crime units who dealt with and investigated cases of human trafficking where victims were trafficked for sexual exploitation; state prosecutors working at the National Prosecuting Authority who dealt with, identified and prosecuted human trafficking cases where victims were trafficked for sexual exploitation in South Africa; NGOs who work in the field of counter-trafficking and victim assistance; and an international police investigator who dealt with, identified and investigated human trafficking cases where victims were trafficked for sexual exploitation. Through a critical analysis of the identification process of the phenomenon of human trafficking for sexual exploitation, the purpose of this research was to gain a better understanding of this phenomenon and establish, develop and provide practical guidelines, procedures and recommendations to the South African Police Service to identify these cases more successfully. The specific research objectives and research questions answered in this study to address the research aim were divided into five categories:  Explore and describe the phenomenon of human trafficking.  Determine the nature and extent of the legal arena to criminalise human trafficking, to prevent human trafficking, and to protect trafficking victims upon which South African legislation is based.  Explain how the identification of the phenomenon of human trafficking fits into the policing process.  Explore the current situation regarding the procedures followed to identify the phenomenon of human trafficking for sexual exploitation.  Develop practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully. The trafficking of women and children for commercial sexual purposes lies in the expansion and ever growing sexual entertainment industry, which is most importantly a demand-driven phenomenon. The exploitation of victims for profit through the use of force, fraud or coercion remains the common denominator of this crime and the trade of human beings continues to evolve into new and more multifaceted forms of exploitation, using debt contracts and other means to coerce people for the purpose of profit gain. Women and children are perceived as the most exploitable and controllable and therefore are deemed to be the most in demand to contribute to this expanding and very competitive economic market driven by maximum profit. It is imperative and fundamental to have an understanding of the trafficking of persons as a crime committed against an individual and therefore it is of the utmost importance that police personnel serving in the South African Police Service (one of the key role players within the Criminal Justice System), are conversant with the means of trafficking, what it constitutes and what attributes and features this phenomenon includes. Through the development of practical guidelines, procedures and recommendations for police officials to identify human trafficking for sexual exploitation incidents more successfully, data obtained from both literature and interviews contributed immensely in the identification of incidents of human trafficking in order to prevent and address this crime successfully. The researcher is of the opinion that this study (analysing how the crime of human trafficking for sexual exploitation can be identified in order to develop practical guidelines to be used during the identification of this crime in South Africa) presents a significant contribution to the identification of human trafficking for sexual exploitation incidents in South Africa and subsequently presents practical guidelines that can be used during the identification of this phenomenon in South Africa. / Police Practice / D. Litt. et Phil. (Police Science)

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.

Introduite dans le Code de procédure pénale par la loi n° 2014-896 du 15 août 2014 relative à l'individualisation des peines et renforçant l'efficacité des sanctions pénales, à l'article 10-1, la justice restaurative rejoint désormais l'ensemble des réponses socio-pénales que le système de justice pénale français peut mobiliser pour répondre aux conséquences et aux répercussions du phénomène criminel. Depuis le 1er octobre 2014, date d'entrée en vigueur de l'article 10-1 du Code de procédure pénale, toute personne victime ou auteur d'une infraction pénale peut se voir proposer une mesure de justice restaurative, dans toute procédure pénale et à tous les stades de la procédure. Insérée dans le titre préliminaire du Code de procédure pénale, dans un sous-titre II "De la justice restaurative", la possibilité d'un tel recours à une mesure de justice restaurative prend place parmi les grands principes qui irriguent la procédure pénale et montre l'ambition du législateur en faveur de la justice restaurative présentée comme une des réponses à la crise que traverse le système de justice pénale actuel. Toutefois, au-delà de cette seule possibilité, se pose la question de la place que la justice restaurative peut occuper au sein de ce système, en particulier en ce qui concerne son institutionnalisation concrète et pratique. La démonstration de la forte complémentarité existant entre justice restaurative et justice pénale, au service d'un système de justice pénale répondant pleinement aux attentes des justiciables, ouvre la voie à une application conjointe de mesures de justice issues spécifiquement des deux modèles de justice. Il peut en résulter un système reposant sur une application conjointe de mesure de justice restaurative et de justice pénale et permettant un traitement différentiel, à la fois du conflit de nature infractionnelle et des attentes criminologiques et juridiques des personnes concernées. Cette approche, mise en perspective avec les initiatives naissantes de programmes en France, présente l'avantage de ne pas nécessiter d'importantes modifications du système de justice pénale. Elle consiste en la construction d'une offre locale de justice restaurative, complète et disponible, structurée par des organismes de coordination du partenariat sur lequel elle repose. Elle se manifeste actuellement, tant à l'échelon local, à travers la création de Services régionaux de justice restaurative (SRJR), qu'à l'échelon national, à travers les actions de l'Institut Français pour la Justice Restaurative (IFJR), aux côtés des principales fédérations et administrations concernées. / The law n° 2014-896 of August 15th 2014 on “Individualization of penalties and for strengthening the effectiveness of criminal sanctions” introduced in the Criminal Procedure Code restorative justice. From now on, it belongs to the socio-criminal responses proposed by the French criminal justice system to respond to the consequences and impact of the criminal phenomenon. Since October 1th 2014, the date of entry into force of the law, a “restorative justice measure” may be proposed to any victim or offender during every criminal procedure and at all stages of the proceedings. Inserted in the preliminary title of the Code of Criminal Procedure, subtitle II, entitled "About restorative justice", the possibility of such recourse to a restorative justice measure takes place among the great principles that define the criminal procedure and shows the French legislator ambition for restorative justice, which is presented as a possible answer to the criminal justice system current crisis. However, it raises the question of the place of restorative justice in this system, especially with regard to its concrete and practical institutionalization. The demonstration of the strong complementarity between restorative justice and criminal justice to create a criminal justice system that fully meets the expectations of victims and offenders pleads in favour of a joint implementation of legal measures from these two models of justice. This can lead to a system, based on a joint application of restorative justice and criminal justice, and permitting differential treatment, both of the criminal conflict and of the criminological and legal needs of individuals. This approach, put into perspective with the emerging program initiatives in France, has the advantage of not requiring major changes to the criminal justice system. It involves the construction of a local offer of restorative justice, complete and fully available, structured by coordinating bodies from the parternership the offer is based on.. This approach is currently visible at the local level, through the creation of Restorative Justice Regional Services (SRJR), as at the national level, through the actions of the French Institute for Restorative Justice (IFJR), with the main federations and administrations.

La problématique soulevée par la délinquance juvénile, loin de se limiter au pré-carré des professionnels du droit, s’est imposée en véritable débat de société. Cet engouement est le fruit de l’évolution de la délinquance des mineurs, qui a tendance à croître, impliquant des auteurs plus jeunes.En réponse à ce phénomène, le législateur a opéré un tournant sécuritaire en 2002, marquant le point de départ du durcissement des dispositions relatives aux mineurs délinquants, notamment celles applicables à ceux âgés de seize à dix-huit ans. Il en découle un rapprochement du droit pénal des mineurs de celui des majeurs, malgré l’affirmation, la même année, par le Conseil constitutionnel d’un principe fondamental reconnu par les lois de la république qui consacre la spécificité du droit pénal des mineurs. Toutefois, il convient de s’interroger sur la portée de ce rapprochement textuel, qui est peu, voire pas mis en œuvre en pratique. Cette question se pose avec d’autant plus d’acuité depuis le changement de politique pénale impulsé en 2012 par le nouveau garde des Sceaux, qui est d’ailleurs à l’initiative d’un projet de réforme de l’ordonnance de 1945, qui entend réaffirmer la primauté de l’éducatif sur le répressif / Juvenile delinquency problem, far from being the sole issue of law professionals, has become a widely debated topic throughout the entire society. Such interest in the issue takes its roots in the delinquency's evolution, broadly on the rise, with ever younger criminals. Given the phenomenon, the lawmaker has moved towards a harsher approach in 2002, and the various laws have been toughening since then, especially those concerning young people aged between 16 and 18 year old. The consequence is that the body of law applicable to young people looks increasingly similar to that one applicable to adults, despite the solemn statement issued by the Constitutional Council the same year. This statement explains that there is a ground principle deduced from the laws of the Republic, recognizing the specificity of juvenile delinquency laws. It is however interesting to reflect on the true scope of this formal closening, which seems to happen to little or no avail. The issue is even more relevant with the changes in the criminal justice approach advocated by the new secretary of Justice since 2012, who is currently initiating a reform on the body of law applicable to young people, aiming at favoring education over repression

Magister Legum - LLM / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be. / South Africa