843 resultados para Discrimination in criminal justice administration


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This article presents an analysis of the discursive construction of evidence in an English police interview with a rape suspect. The analytic findings differ from previous research on police–suspect interview discourse, in that here the interviewers actively lead an interviewee to produce defence evidence. The article seeks to make the following contributions: (i) it demonstrates the interactional mechanisms through which the interviewers co-construct the interviewee’s own version of events, and highlights the potential legal ramifications by focusing on the construction of one key evidential aspect, namely, consent; (ii) it lends weight to the hypothesis that interviewer agendas are strongly determinative of interview outcomes in terms of the evidential account produced, while making the important new contribution of showing that this is not simply a case of police interviewers being inevitably prosecution-focused; and (iii) it aims to provoke further investigation into the significance of interviewer discursive influence in cases where consent is at issue, against a backdrop of increasing numbers of rape cases being discontinued by the police at this early stage of the criminal justice process.

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This study analyses the current role of police-suspect interview discourse in the England & Wales criminal justice system, with a focus on its use as evidence. A central premise is that the interview should be viewed not as an isolated and self-contained discursive event, but as one link in a chain of events which together constitute the criminal justice process. It examines: (1) the format changes undergone by interview data after the interview has taken place, and (2) how the other links in the chain – both before and after the interview – affect the interview-room interaction itself. It thus examines the police interview as a multi-format, multi-purpose and multi-audience mode of discourse. An interdisciplinary and multi-method discourse-analytic approach is taken, combining elements of conversation analysis, pragmatics, sociolinguistics and critical discourse analysis. Data from a new corpus of recent police-suspect interviews, collected for this study, are used to illustrate previously unaddressed problems with the current process, mainly in the form of two detailed case studies. Additional data are taken from the case of Dr. Harold Shipman. The analysis reveals several causes for concern, both in aspects of the interaction in the interview room, and in the subsequent treatment of interview material as evidence, especially in the light of s.34 of the Criminal Justice and Public Order Act 1994. The implications of the findings for criminal justice are considered, along with some practical recommendations for improvements. Overall, this study demonstrates the need for increased awareness within the criminal justice system of the many linguistic factors affecting interview evidence.

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This chapter describes my experiences of conducting research on commercial sex in Belfast, Northern Ireland which was conducted as part of a larger British Academy – Leverhulme Trust funded study that examined the policing and legal regulation of commercial sex in Belfast (Northern Ireland) along with three other cities: Manchester (England), Berlin (Germany) and Prague (Czech Republic). This study provided the first empirical analysis of commercial sex in the jurisdiction and was instrumental in shedding light on prevalence rates for those involved in the industry as well as providing demographic information on the age, nationality and sexual orientation of sex workers along with the sector worked in, whether on-street or off-street. In the chapter I consider my role as a researcher and highlight some of the difficulties that I experienced conducting what was seen as controversial research in the politically, socially and culturally conservative context of Northern Ireland.

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This article explores the feminist critique that progress in the classification of sexual violence crimes within international criminal law has not been matched by sufficient legal enforcement. It takes the Extraordinary Chambers in the Courts of Cambodia (ECCC) as a case study, exploring the various myths, investigative failures and procedural developments that have hindered the ECCC’s effective investigation of sexual violence. The article argues that while there is a need to adopt a nuanced perspective of the many gender inequalities facing women, it remains crucial that sexual violence is adequately investigated and prosecuted, due to the normative value of such prosecutions. It concludes with some suggestions as to how the ECCC can improve accountability for such crimes, but also highlights lessons that future courts can learn from the ECCC’s failures.

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Nurses – along with many others – are often told that they should or must accept and work towards the promotion of social justice. Further, it is claimed that social justice represents or is a shared nursing value. This presentation challenges these assertions. Claims regarding shared values easily fall prey to forms of attribution error. Alternatively, while social justice is sometimes presented as a remedy or alternative to market disutility, the quality of arguments in which this linkage appears leave much to be desired and, in such instances, the robustness of these claims collapse. Or, assertions regarding social justice frequently appear without supporting explanation or justification. It is simply assumed that social justice (inadequately defined) is a ‘good thing’. This is not necessarily a problem. The normative strength of a claim does not rest only upon the arguments put forward in support of it. However, when social justice is advanced as mere assertion, often in a manner devoid of specificity, claims that the concept should be embraced and claims that the concept should or can promote action in the world, lack persuasive force. Moreover, in some articulations, the concept appears to generate illiberal and intolerant consequences. This presentation does not argue for inequality or social injustice. Rather, it suggests that underdeveloped and frail arguments require improvement or dismissal.

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The type of discrimination claim that strikes fear in the hearts of all employers is the dreaded retaliation claim. While employers contend, and plaintiffs admit, that retaliation is different from other discrimination complaints, employee advocates have put forth legislation that would equalize retaliation with the other types of discrimination. This bill, Protecting Older Workers against Discrimination Act (POWADA), would expand the so-called mixed-motive jury instruction to age, and disability, as well as retaliation. Moreover, it would allow plaintiffs, not judges, to decide which types of instruction the jury would receive. In this article, the authors argue that retaliation claims should not receive the same treatment as other discrimination claims (including age and disability), because it’s easy for juries to believe that retaliation is a factor, regardless of other facts. Once a fact-finding jury checks the box to indicate that an employer’s motive might include retaliation, the employer will likely have to pay fees and costs, at minimum, regardless of the claim’s final resolution.

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Protective factors are neglected in risk assessment in adult psychiatric and criminal justice populations. This review investigated the predictive efficacy of selected tools that assess protective factors. Five databases were searched using comprehensive terms for records up to June 2014, resulting in 17 studies (n = 2,198). Results were combined in a multilevel meta-analysis using the R (R Core Team, R: A Language and Environment for Statistical Computing, Vienna, Austria: R Foundation for Statistical Computing, 2015) metafor package (Viechtbauer, Journal of Statistical Software, 2010, 36, 1). Prediction of outcomes was poor relative to a reference category of violent offending, with the exception of prediction of discharge from secure units. There were no significant differences between the predictive efficacy of risk scales, protective scales, and summary judgments. Protective factor assessment may be clinically useful, but more development is required. Claims that use of these tools is therapeutically beneficial require testing.

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Research on the criminological side of system trespassing (i.e. unlawfully gaining access to a computer system) is relatively rare and has yet to examine the effect of the presence of other users on the system during the trespassing event (i.e. the time of communication between a trespasser’s system and the infiltrated system). This thesis seeks to analyze this relationship drawing on principles of Situational Crime Prevention, Routine Activities Theory, and restrictive deterrence. Data were collected from a randomized control trial of target computers deployed on the Internet network of a large U.S. university. This study examined whether the number (one or multiple) and type (administrative or non-administrative) of computer users present on a system reduced the seriousness and frequency of trespassing. Results indicated that the type of user (administrative) produced a restrictive deterrent effect and significantly reduced the frequency and duration of trespassing events.

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This research is based on the hypothesis that law and order model is displacing the procedura justice system in Spain. After a thorough review of the international literature, one can observe that the traditional structure of the penal system does not seem to be capable of containing the new forms of crime. The new penal model assumes that public opinion is alarmed and unwilling to understand rational approaches to crime, so it will be likely to accept measures aimed at calming the fear of crime, through extensive control policies and penal tools to manage uncivil behavior. Objectives and methodology A measuring instrument has been developed to confirm this hypothesis, consisting of ten features that characterize the law and order model. This instrument has been used to identify examples of its ten features in the rules and practices developed at each phase of the Spanish criminal justice system. The analysis has focused specifically on public discourse about delinquency, criminal policy decisions, legislative processes, police routines, judicial dynamics, and prison system practices. Main results The investigation has shown that there are many processes and practices indicating that the law and order model is consolidating itself in the Spanish penal system. Nevertheless this process has a different intensity at each phase, being stronger at the legislative stage and softer in the penitentiary enforcement phase. One of the main conclusions is, therefore, that the designed instrument is ideal for measuring the degree of penetration of the model throughout the system. Some of the most striking results of the reasearch will be presented at the conference. Finally, proposals arise that could prevent the new model is fully seated in our criminal justice system, finding that the trend toward more severe penalties shown already unsustainable.

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This paper evaluate the hypothesis that race is a determining factor in access to quality employment in Colombia during 2007 -- Using data from the Large Integrated Household Survey (2007-I), we estimate a generalized ordered logit model -- The results provide evidence that individuals self-identified as Afrocolombian have a higher probability of being in a low quality job than other Colombians -- This probability is higher by 1.9% in Cali, 3.4% in Bogotá, 12.6% in Barranquilla, 1.8% in Cartagena, 1.1% in Medellin and 3.8% overall in these five cities, results that could indicate that there is racial discrimination against Afrocolombians in the Colombian labor market