Thesis (M. Soc. Sc.)--University of Hong Kong, 1992.

Thesis (M.Soc.Sc.)--University of Hong Kong, 1992. / Also available in print.

Thesis--Freie Universität Berlin. / Includes bibliographical references (p. 845-869).

The subject of this thesis is criminal justice policy. It focusses on diversion, that is, alternatives to the court system. I argue that the current criminal justice system, which is rooted in retributive principles, has shortfalls which are of such a degree that it makes sense to consider alternatives. A new movement in criminal justice policy, restorative justice, reflects a theory that may provide a framework for new programs. Restorative justice is based on principles that are fundamentally different from retributive ideology and the translation of these ideas results in dramatically different programs. In my thesis I delineate the differences between restorative and retributive principles. The retributive system leads to dissatisfaction among the stakeholders in the criminal process. The purpose of the thesis is to investigate whether implementation of restorative justice principles could lead to more satisfaction and a higher quality of justice. The restorative justice theory has a strong rhetoric, as will be made clear. The implementation of restorative programs, however, does not develop quickly. There are several reasons for the slowness, including the reluctance of criminal justice officials to give new initiatives a chance to develop and to co-operate in their development. I describe three restorative programs that divert criminal cases from the court system, they are: mediation, dading, and family group conferences. On the basis of these programs I make clear which are the strengths and the possible weaknesses of restorative justice. The comparison of different programs from different countries, provides a useful insight in the dynamics of restorative justice in practice. International research and comparison will lead to understanding in how to design a suitable and valuable process. My conclusion is that a truly restorative system is neither a realistic, nor a wished situation. For a variety of cases, though, restorative programs provide a better locus for resolving the problems involved in crime, than the court process does. I therefore advise that the development of restorative programs must go on. / Law, Peter A. Allard School of / Graduate

The nonuse of community correction in the Nigeria criminal justice system has led to increased recidivism, contributed to prison congestion, introduced the risk of prison victimization, and lacked the provision of a rehabilitative structure for nonviolent offenders. The purpose of this phenomenological research study was to explore Nigerian judges' use of alternatives to incarcerations for nonviolent offenders. Dolinko retributive punishment theory provided the theoretical framework for this study. Ten participant judges comprised the study sample from a purposeful and criterion random sampling method. Data were collected from participants through structured interviews and were coded manually, sorted, and analyzed using the Saldana data coding process framework. According to study findings, judges were inclined to use alternatives to incarceration for nonviolent offenders. Also, community correction could reduce overcrowding in prisons and provide the opportunity for self-improvement for nonviolent offenders supervised in the community. The implications for positive social change include a better understanding and implementation of community corrections for Nigeria judiciary and policymakers and the use of alternatives to incarceration for nonviolent offenders, which would improve rehabilitation, reformation, and reintegration of offenders into society.

To address the primary problem of racial profiling by police, many states have passed legislation that require police departments to collect demographic data on those with whom the officer comes into contact; these data are later evaluated by supervisors. The problem lies in the possibility for police officers to disengage, or depolice, when faced with data collection policies that may be viewed as lessening the officer's discretion. It was this potential to depolice as related to policy interpretation that formed the conceptual framework for this study. As a result, implementation of racial profiling policies may negatively impact the very minorities they are designed to protect. The purpose of this exploratory study was to identify and analyze the possible correlationship between statutory racial data tracking, the frequency of racial profiling discussion, the officer's time in policing, and history of disciplinary procedures for violating profiling policy in the decision to either stop or not stop a motorist when the race of that motorist is observed to be that of a racial and ethnic minority. A forward stepwise logistic regression was utilized to analyze data collected from a sample of 176 police officers in the Midwest recruited through police organizational contacts. The results showed the only significant predictor in a police officer's decision to stop or not stop a minority motorist was the presence of a state statute requiring the collection of racial profiling data. This information can be useful to administrators and policy makers in addressing allegations of racial profiling. Understanding the influence of mandated racial profiling data collection policies on police officer behavior offers potential explanation when analyzing individual officer minority contact ratios, and may prompt policy revision to effect equal treatment of all citizens regardless of race or ethnicity.

No description available.

The aim of this thesis is to assess how far trial on indictment in nineteenth century England conformed to -." the present day concept of a fair trial. What by contemporary English standards are considered the essential elements of a fair trial the thesis deduces from current statute and case law. Having identified these elements it attempts to discover how far they were present in the nineteenth century system. The analysis broadly follows the chronology of the trial itself, with particular attention paid to legal aid, the campaign to abolish the rule rendering prisoners and their spouses incompetent as witnesses in their own defence, and appellate remedies. The conclusion reached is that, although at the start of the nineteenth century the trial system fell well short of the twentieth century model, by the century's end it had (except in relation to legal aid and appellate remedies) moved much closer to it. For its analysis of the trial system the research draws upon eighteenth and nineteenth century law texts supplemented by evidence as to trial practice gleaned from contemporary reports of trials (in particular the reports in The Times, the Central Criminal Court Sessions Papers and Legal Journals), legal memoirs and biographies, and unpublished material in the Public " Record Office and elsewhere. The most important single unpublished source consulted has been the notebooks which record the reserved criminal cases which came before the Common Law judges between'*1785 and 1828. Reports of Royal Commissions, and Select Committees, draft Bills and the Reports of Parliamentary Debates (supplemented by articles in newspapers and journals) have provided the raw material upon which the account given of the reforms made and attempted during the century is based.

The spread of human immunodeficiency virus and other infection through drug injecting and sexual risk behaviour raises important considerations for social policy. The aims of this thesis are broadly two-fold. First, to explore and understand more about the influences on drug injectors' risk behaviour and how these influences might operate inside and outside prison. Second, to consider the impact of policy on drug injectors' lives and subsequent risk behaviour. To examine these issues a qualitative approach was adopted. Four research methods were used: in-depth interviews, a vignette, small group discussions and diary field notes. Drug injectors were contacted in the community and a total of 24 drug injectors with prison experience participated. The empirical component of the research was underpinned by the development of a new theoretical framework towards conceptualising risk behaviour. Inductive and deductive qualitative data analysis categorised perceptions of risk into three broad themes revolving around risky situations, influences on and mechanisms of risk reduction, and responses to risk behaviour. Drug injectors' views and experiences on three policy topics - the role and operation of prison drug and injecting equipment markets, mandatory drug testing, and substitute drug prescribing - were explored. This thesis raises important implications for the ways drug injectors' risk behaviour is understood and how policy responses can be better informed. Ultimately, there is a need for policies to reduce drug-related harm amongst drug injectors, especially when they spend time inside prison. That this is missing from current policy agendas results in people putting themselves and others at risk of infection.

A thesis which explores the possibility of introducing Bayesian probability methods into the criminal justice system, and in doing so, exposing and eradicating some common fallacies. This exposure aims to reduce miscarriages of justice by illustrating that some evidence routinely relied upon by the prosecution, may not have as high a probative value towards its ultimate hypothesis of ‘guilt’ as has been traditionally thought and accepted.