Management tools and solutions are largely conceptualised through well-defined and well-understood problems. However, management often encounter problems that are neither well defined nor straightforward. These problems are labelled wicked problems and require a different management approach to solve. Many of these wicked problems fall within the public service delivery sector, of which the criminal justice system is part. The current study argues that crime in South Africa is a wicked problem because it portrays characteristics such as persistence and pervasiveness and does not have obvious causal relationships. Despite collaboration across several organisations and substantial resource investment, crime remains ‘untamed’ in South Africa. This study responded to calls in the literature for further research into collaborations that are mandated and directed. Given that wicked problems are unique and require unique solutions, this research proposed a framework that applies to South Africa and its historical context and is applicable in the governance context under which crime is addressed. This presented a compelling reason to undertake the current research and use the Justice, Crime Prevention and Security Cluster as a case to study intragovernmental collaboration. The objective of the research is threefold: first, to gain an in-depth explanation of intragovernmental collaboration within the Justice, Crime Prevention and Security Cluster from people who take part in the collaboration; second, to identify the dimensions of the collaboration and the interrelationships between them; and third, to develop a strategic framework for intragovernmental collaborations. Interactive Qualitative Analysis was used as a research method with ten Senior Managers participating in a focus group and semi-structured interviews and five Top Managers participating in semi-structured interviews. In-depth descriptions of the Justice, Crime Prevention and Security collaboration were captured through Interactive Qualitative Analysis in line with the qualitative research approach and eight key dimensions of the collaboration were identified. The research proposed a Strategic Framework for Intragovernmental Collaboration that takes into account the findings of the research and a literature-based conceptual framework underpinned by the Resource Dependency Theory, the Resource-Based View and the Complexity Theory. Findings from the study demonstrate that eight dimensions are key in the Justice, Crime Prevention and Security collaboration, and these dimensions are ranked in order of importance. The presented framework also highlights several differences from reported studies in this field. The contribution of this study not only extends the literature on intragovernmental collaborations but also sets clear guidelines for managers and policy makers to establish and direct intragovernmental collaborations. The chosen methodology and insider access to senior management ultimately produced rich descriptions not previously available. Two key recommendations are identified for the Justice, Crime Prevention and Security Cluster. Firstly, addressing the wicked problem of crime requires active participation of stakeholders beyond the Cluster and secondly, it must include active citizenship that is instrumental in contributing knowledge and learning as part of a feedback loop into the criminal justice system. Within the Justice, Crime Prevention and Security Cluster, the study identified three drivers of the collaboration that need to be addressed to enable the Cluster to work towards a goal consensus of addressing crime. These are leadership, culture and governance arrangements. Models of leadership and governance are included to guide the Justice, Crime Prevention and Security Cluster in this regard. / Business Management / D. B. L.

The aim of this diploma thesis is to describe and explain the main features of implementation practice of house arresting in the Czech Republic and consequently propose possible ways out in relation to subsequent (and successful) continuing of implementation procedure. In terms of theory there are reflected approaches of criminal law, criminology, penology, sociology and public policy. Within the research work, the space had been given to those participants immediately concerned and affected with house arresting agenda - judges, prosecutors, probators, ministry officers (Ministry of Justice), attorneys, watchdog organizations and experts on criminal law from academic sphere. House arresting had entered valid legal regulations in connection with new criminal law effectual since 1.1.2010. This new regulation substituted the pristine penal code. In new criminal law is significant shift of accent from tangible to formal conception of culpability. By the analysis of key participants of objective policy, identification of possible goals, adumbration of solution options is finally formulated optimal version. In terms of this version are reflected possibilities of evaluation and monitoring. Special attention is payed to identification of crucial risks and problems related to implementation practice, which...

The thesis analyzes selected issues in the U.S. criminal justice system, and the solutions proposed by American libertarians. First, it introduces libertarianism as a whole, based on both contemporary and historical sources. The thesis then examines the real influence of libertarians on U.S. politics, and the possibility that libertarian proposals might be adopted. It analyzes the successes of the U.S. Libertarian Party and introduces movement and factions in the two major parties, Republican and Democratic, and today's influential politicians who at least partially promote libertarian proposals. In the final, pivotal chapter, the thesis uses the theoretical base provided in the first chapter to analyze the shortcomings of the U.S. criminal justice system, and the solutions and changes that libertarians propose. The structure of this analysis follows the generally accepted structure of the system itself, dealing with criminal law and its enforcement through policing, courts and corrections. On each of these levels, the thesis introduces both the libertarian critique of today's system and examples of specific issues and proposed solutions. The thesis identifies the so-called "War on Drugs" as one of the key points of the libertarian critique, and uses is as a case study which illustrates the impact of...

Prison privatization is a hotly debated topic in the United States that has its place in the political agendas of both political parties and generates opinion by various public interest groups. United States has the biggest prison population in the world caused by the harsh sentencing policies that were implemented in the 1980s. California has had the largest criminal justice system in the nation until it was very recently surpassed by Texas. The state of California has been fighting with the overcrowding crisis for three decades. It began contracting out with private prison companies for the management of its prisons in hope it would ease the situation in state prison system that operated at double of its designed capacity. This thesis is a case study that concerns itself with the prison privatization in the state of California. The purpose of this thesis is to evaluate whether contracting with private prisons helped California to solve its overcrowding crisis and whether privately-run prison are a good choice that benefits California society. This goal will be achieved by evaluating existing experience with the private prisons in California's context.

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Au cours des dernières années, plusieurs réformes pénales ont été implantées, surtout aux États-Unis, dans l’objectif d’uniformiser les pratiques des tribunaux. Alors que ces nouvelles mesures devaient empêcher l’apparition d’écarts injustifiés basés sur les caractéristiques individuelles des justiciables, les chercheurs s’entendent encore aujourd’hui pour dire que des variations liées au genre existent toujours à travers les décisions judiciaires. Les femmes feraient généralement l’objet d’un traitement plus clément, notamment à l’étape de la détermination de la peine. Cependant, très peu de cet intérêt scientifique s’est concentré sur le contexte pénal canadien. Ainsi, l’objectif général de cette étude est de vérifier si le genre influence les décisions des tribunaux criminels canadiens. Plus spécifiquement, les analyses permettent d’évaluer comment le traitement judiciaire varie selon le genre du justiciable à quatre étapes du processus judiciaire : la détention provisoire, la poursuite des accusations, le verdict de culpabilité ainsi que la détermination de la peine. Pour ce faire, les données administratives de l’Enquête intégrée sur les tribunaux de juridiction criminelle (EITJC) sont examinées. Elles comprennent plus de trois millions d’accusations criminelles portées contre des adultes de 18 à 98 ans à travers le Canada, de 2007 à 2016 inclusivement. L’effet du genre est mesuré à l’aide de régressions multiples et logistiques, en contrôlant pour divers facteurs tels que les antécédents criminels et le type d’infraction. Les analyses révèlent que le genre a un effet significatif sur l’ensemble des décisions étudiées. De manière générale, une plus grande clémence est accordée aux femmes dans le processus judiciaire canadien, celles-ci ayant plus de probabilités d’obtenir une décision moins sévère que les hommes à toutes les étapes analysées. Cependant, comme les disparités liées au genre pourraient s’expliquer par des facteurs qui n’ont pas été inclus dans les modèles prédictifs, les résultats présentent certaines limites. La question entourant la légitimité du traitement différentiel des femmes lors de leur passage en justice demande à être explorer plus en profondeur. / Over the past few years, several sentencing reforms have been implemented, particularly in the United States, to standardize judicial discretionary practices. Although these new measures were created to prevent unwarranted disparities related to individual characteristics, researchers agree that gender disparities still exist in various courts decisions today. Women are often given more leniency, especially at the sentencing stage. However, very little of this scientific interest has focused on the Canadian criminal context. Therefore, the main goal of this research is to analyze the influence of gender on Canadian criminal court decisions. More specifically, the study assesses how judicial treatment differs between men and women at four stages of the Canadian legal process: pre-trial detention, prosecution, conviction and sentencing. To verify this, administrative data from the Integrated Criminal Courts Survey (ICCS) are examined. They include more than 3 million criminal charges against adults aged from 18 to 98 across Canada, from 2007 to 2016 inclusively. The effect of gender is measured using multiple and logistic regressions, controlling for various factors such as criminal record and type of offense. Statistical analyses reveal that gender has a significant effect on all the decisions studied. Overall, women benefit from more leniency in the Canadian legal process, as they are more likely to receive a less severe decision than men at all stages analyzed. However, because gender disparity may be explained by factors that were not included in the predictive models, the results have certain limitations. Questions remain regarding the legitimacy of the differential treatment of women in the justice system and therefore, the gender gap should be further explored.

Thesis (M.A. (Criminology and Criminal Justice)) -- University of Limpopo, 2021 / The incidence of child sexual abuse is reaching new statistical highs in South Africa. Studies indicate that every second a child is raped in South Africa. Therefore, Child Sexual Abuse requires abstained approaches to be fastened, solid knowledge foundation and understanding. Failure to respond precisely and treat sexually abused children with sensitivity and professionalism (SAPS officials, healthcare practitioners and the judiciary) limit chances for a successful prosecution and victory to conquer psychological impairments on victims. Therefore, this research explored experiences in the Criminal Justice System (CJS) in the treatment of and response to child sexual abuse. The study was confined to Polokwane Policing Cluster (PPC) involving a sample from the South African Police Services (SAPS), the Department of Justice (DOJ) and the Department of Social Department (DSD). This qualitative study adopted non-probability purposive sampling. Initially, the researcher targeted a population of fifteen (15) officials within the PPC who work directly with cases of CSA. However, two officials were not willing to form part of the study. This research was guided by the following objectives to: 1. Determine responses of the CJS to children as victims of sexual offences within the PPC; 2. Establish the protection of psychological well-being of children as victims of sexual offences in Polokwane Policing Cluster; and 3. Review regulatory legislative frameworks addressing the treatment of children as victims of sexual offence in Polokwane Policing Cluster. Moreover, this study examined causes and impacts associated with CSA. The study further reveals consequences of CSA and offer suggested mechanisms stemming from selected participants whom, among others include, but not limited to the following: using the legislative framework approach; the Constitution of the Republic of South Africa, 1996; protection of children‟s rights and broad statutory approaches for the treatment of sexual offence victims.

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Although studies examining juvenile recidivism have focused primarily on violent recidivism, the factors that predict recidivism likely differ by offense type. To examine general, property, and violent recidivism, this study combined individual-level data (i.e., offender and case characteristics) from the Mississippi Youth Court Information Data System (MYCIDS) for the years 2009-2011 and contextual-level data (i.e., county characteristics) from the 2010 U.S. Census and the 2010 Uniform Crime Reports (UCR). Results showed that offender characteristics predicted only general and property recidivism, but case characteristics mattered for all three types (i.e., general, violent, and property recidivism). Contextual characteristics (i.e., the percentage of the population that is male aged 15 to 24) also mattered, but only for property recidivism. These findings have implications for policies and programs related to the treatment of juvenile offenders.

[pt] A presente tese apresenta uma análise do Sistema de Justiça Juvenil brasileiro, com foco nos aminhos percorridos pelos adolescentes na fase de apuração do ato considerado infracional. A pesquisa foi construída com uma abordagem qualitativa e fundamentou-se no materialismo histórico-dialético, com base nos estudos da criminologia crítica. Foram utilizadas como fontes de investigação: observação participante; análise de relatórios técnicos sobre as unidades socioeducativas de acautelamento, elaborados pela equipe técnica de Serviço Social do Ministério Público do RJ e entrevista com profissional do Sistema Socioeducativo do DEGASE. O objetivo geral da pesquisa é analisar o Sistema de Justiça Juvenil, a fim de compreender como o funcionamento, condições de atendimentos, rotinas, fluxos, decisões e demais ações são operacionalizados pelos órgãos do Sistema de Justiça Juvenil, à luz dos instrumentos normativos vigentes. Os resultados demonstraram como o Estado, mesmo com o avanço dos instrumentos normativos de proteção à infância e juventude, criminaliza os adolescentes mais pobres e impõe uma seletividade punitiva racializada para absorvê-los no Sistema de Justiça Juvenil. Uma vez inseridos nas engrenagens do sistema, foi possível constatar a dimensão da violência institucional que atravessa todos os caminhos da apreensão, internação provisória, até a realização das audiências - período em que ainda estão sob a garantia constitucional de presunção de inocência. Nesses casos, opera-se uma punição antecipada de uma infração ainda não julgada, que se naturaliza no cotidiano dos órgãos que compõem esse sistema e se materializa em um cenário de violação de direitos individuais e coletivos, que reforça o processo de desumanização e a banalização de suas vidas. / [en] This Thesis presents an analysis of the Brazilian Juvenile Justice System, focusing on the paths taken by teenagers in the investigation phase of the act considered infraction. The research was built with a qualitative approach and was based on historical-dialectical materialism, based on critical criminology studies. The following research sources were used: participant observation; analysis of technical reports on the socio-educational precautionary units, prepared by the technical team of Social Service of the Public Ministry of RJ and interview with a professional from the Socio-educational System of DEGASE. The general objective of the research is to analyze the Juvenile Justice System, to understand how the functioning, conditions of services, routines, flows, decisions, and other actions are operated by the Juvenile Justice System bodies, in the light of the normative instruments in force. The results showed how the State, even with the advance of normative instruments to protect children and youth, criminalizes the poorest adolescents and imposes a racialized punitive selectivity to absorb them in the Juvenile Justice System. Once inserted into the gears of the system, it was possible to verify the dimension of institutional violence that crosses all paths from apprehension, provisional internment, until the holding of hearings - a period in which they are still under the constitutional guarantee of presumption of innocence. In these cases, there is an early punishment of an infraction not yet judged, which is naturalized in the daily life of the bodies that make up this system and materializes in a scenario of violation of individual and collective rights, which reinforces the process of dehumanization and the trivialization of their lives.