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

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Background: Current national prevalence estimates of DSM-5 diagnosed substance use disorders (SUDs) among adults with justice system involvement are lacking. Methods: This study drew from NESARC-III data (n = 36,309; 2012–2013), a nationally representative U.S. sample, to examine current and lifetime alcohol use disorder (AUD) and drug use disorder (DUD) diagnoses among adults reporting current or prior drug-related, alcohol-related, and general legal problems. Results: Adults reporting current alcohol-related legal problems were 22 times more likely to have a current AUD diagnosis (AOR = 22.0, 95% CI = 12.1; 40.1) and 15 times more likely to have had a lifetime AUD diagnosis (AOR = 15.2, 95% CI = 7.5; 30.9) than adults without alcohol-related legal problems. Adults with lifetime drug-related legal problems were 3–5 times more likely to have a current (AOR = 2.6, 95% CI = 2.1; 3.2) and lifetime (AOR = 5.1, 95% CI = 4.3; 6.1) DUD diagnosis, with stimulant use disorder being the most prevalent (AOR = 5.4, 95% CI = 4.5; 6.5). Adults with general legal problems were around 3 times more likely to have a current AUD (AOR = 3.2, 95% CI = 2.6; 4.0) or DUD (AOR = 3.5, 95% CI = 2.8; 4.4). Women with any type of legal problem were more likely to have SUD diagnoses than men. Conclusions: SUD diagnoses are prevalent among adults reporting legal problems, particularly those involving alcohol. There is a continued need for community-based addiction prevention and intervention efforts, especially for women with justice system involvement.

Yes / This chapter examines competition and collusion among criminal justice institutions and non-state actors in imprisonment in prisons in Brazil to analyse how both formal and informal dispositions and practices have created and sustain the mass incarceration that is a pre-condition for extensive prisoner self-governance. The chapter thus looks from the outside-in, examining how relationships between extra-mural institutions have created and sustained such an enormous prison population in Brazil. It also analyses these institutions and organisations as intra-mural actors that, through their action or inaction, exercise a key role in shaping the carceral experience for inmates. It highlights the competition between the different actors involved in the penal arena for control of the carceral space and of prisoners, driven by a variety of motives – rent-seeking, moral/philosophical, and territorial.

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Television shows, in particular CSI: Crime Scene Investigation, have captured the attention of the majority of Americans. As a consequence of these shows, the "CSI effect" has evolved. The CSI effect primarily occurs when people watch crime or law related shows resulting in them gaining an unrealistic expectation of what they think should occur in real trials. This is a concern for prospective jurors who take part in criminal trials. This thesis will reveal how the CSI effect has swept the nation. A large part of this study will be devoted to illustrating how the CSI effect has had an impact on jurors, criminals and the American court system. This thesis will shed light on how television has the power to alter a juror's mind, even if it is a decision that could completely change the defendant's life. This thesis will also examine how legal professionals have strategically begun to mention the CSI effect during their trials in court. Nowadays, it is an ordinary procedure for attorneys, during voir dire, to question prospective jurors about their television viewing habits, as it pertains to CSI. This study will also examine how the producers of CSI discount the effect in its entirety. The creators believe that their creation has been a helpful milestone in the evolution of our criminal justice system.

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