Current Issues in Criminal Justice最新文献_第8页

Same but different? Assessing reforms to mental incapacity in criminal law 相同但不同？评估刑法中关于精神丧失行为能力的改革

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-11-02 DOI: 10.1080/10345329.2022.2126577

A. Loughnan

{"title":"Same but different? Assessing reforms to mental incapacity in criminal law","authors":"A. Loughnan","doi":"10.1080/10345329.2022.2126577","DOIUrl":"https://doi.org/10.1080/10345329.2022.2126577","url":null,"abstract":"ABSTRACT In a field typically marked by stasis over long periods of time, in recent years, there have been significant changes in NSW regarding the way in which criminal law deals with mental incapacity. Taken together, these reforms represent a move away from reliance on the common law toward legislation that is posited as modernising and streamlining this part of criminal law. With a focus on Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), this article offers an assessment of the reforms relating to criminal responsibility. I argue that, while some of the reforms are positive, some represent missed opportunities, and some may even have negative consequences. In particular, the enhanced role for victims of crime that underscores several reforms may not achieve the outcomes desired by defendants/patients, victims or others. Overall, the changes encode a fundamental recasting of mental incapacity in criminal law. Stepping away from the specifics of the Act, this article also offers some brief reflections on this recasting. In particular, I suggest that change in this area is hooked on a dilemma, around similarity and difference and the place of the forensic system within criminal justice more broadly.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"162 - 179"},"PeriodicalIF":1.9,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46386689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

When criminal diversion is a temporary solution: rethinking drug rehabilitation policy in Thailand 当犯罪转移是一个临时解决方案:重新思考泰国的戒毒政策

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-10-02 DOI: 10.1080/10345329.2022.2133379

Srisombat Chokprajakchat, Wanaporn Techagaisiyavanit, Tongyai Iyavarakul, Attapol Kuanliang

{"title":"When criminal diversion is a temporary solution: rethinking drug rehabilitation policy in Thailand","authors":"Srisombat Chokprajakchat, Wanaporn Techagaisiyavanit, Tongyai Iyavarakul, Attapol Kuanliang","doi":"10.1080/10345329.2022.2133379","DOIUrl":"https://doi.org/10.1080/10345329.2022.2133379","url":null,"abstract":"ABSTRACT This article reflects on the need for Thailand to re-evaluate its criminal diversion policy for people who use drugs (PWUD). Although studies have examined the impact of criminalising drug use through social and economic perspectives, the issue of how a punitive legal scheme interplays with PWUD's perceptions of drug use and motivation to seek treatment has not received wide scholarly attention in Thailand. This study's primary objective is to shed light on the adverse effects of legal pressure on motivation among PWUD within Thailand's drug rehabilitation systems to assist in shaping its future policy. The study employed a qualitative methodology: in-depth interviews with 69 participants who received drug treatment under the voluntary and compulsory drug diversionary systems in Thailand, as well as 50 government officials and personnel at the administrative and operational levels within the Thai criminal justice system and rehabilitation agencies. The study found that criminalisation schemes can impede system-level rehabilitation goals by failing to recognise the personal needs of participants, with PWUD entering treatment programs only to avoid criminal prosecution.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"418 - 434"},"PeriodicalIF":1.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42443933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fatal police encounters – it’s not just shootings 致命的警察遭遇战，不仅仅是枪击

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-10-02 DOI: 10.1080/10345329.2022.2127461

Lawrence Bowler, K. Hine, R. Fleet

引用次数: 0

Conceptions and degrees of innocence: the principles, pragmatics, and policies of the innocence movement 天真的概念和程度：天真运动的原则、语用学和政策

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-09-26 DOI: 10.1080/10345329.2022.2114870

David Hamer

引用次数: 1

The role of mercy and sentencing for infanticide: the tragic case of R v Guode 安乐死与杀婴量刑的作用——以R诉郭德案为例

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-09-06 DOI: 10.1080/10345329.2022.2115597

Natalia Antolak-Saper

引用次数: 0

Providing a pathway to community-based psychosocial or mental health support services for young people following initial encounters with police: a scoping review 为初次接触警察的年轻人提供获得社区社会心理或精神健康支助服务的途径:范围审查

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-08-30 DOI: 10.1080/10345329.2022.2111808

D. Baker, Krista Fisher, Matthew Hamilton, S. Rice, R. Purcell

{"title":"Providing a pathway to community-based psychosocial or mental health support services for young people following initial encounters with police: a scoping review","authors":"D. Baker, Krista Fisher, Matthew Hamilton, S. Rice, R. Purcell","doi":"10.1080/10345329.2022.2111808","DOIUrl":"https://doi.org/10.1080/10345329.2022.2111808","url":null,"abstract":"ABSTRACT Offending behaviour peaks during adolescence and most lifetime mental ill-health has its onset before 18 years of age. An overlap in offending behaviour and mental ill-health is also associated with an increased risk of crime victimisation. Best-practice approaches to intervene early with these cohorts are unclear. This study aimed to identify evidence for the acceptability and effectiveness of programs that divert young people from an early encounter with police to community-based psychosocial or mental health support. A Participant-Concept-Context model was used to determine literature search terms. A search of databases for peer-reviewed articles (n = 3998) and an Internet search for grey literature documents (n = 505) was conducted. Nine eligible articles and five documents were included in the review. Analysis of two models found improvements in daily functioning, emotion regulation and reduced self-harm potential. The importance of collaborative relationships between the police, service providers and other stakeholders for effective program delivery was regularly reported. There is emerging evidence of the acceptability and effectiveness of existing diversion or early intervention programs, but limited evidence for victim support services. More research is needed to understand young people's preferences for pathway models and how crime victimisation support can be incorporated.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"360 - 382"},"PeriodicalIF":1.9,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44629465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Making no-case submissions in self-defence claims for primary victims of intimate partner violence charged with criminal offending 为被控刑事犯罪的亲密伴侣暴力的主要受害者提出无案件辩护

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-08-30 DOI: 10.1080/10345329.2022.2109247

Stella Tarrant

{"title":"Making no-case submissions in self-defence claims for primary victims of intimate partner violence charged with criminal offending","authors":"Stella Tarrant","doi":"10.1080/10345329.2022.2109247","DOIUrl":"https://doi.org/10.1080/10345329.2022.2109247","url":null,"abstract":"ABSTRACT Investigators, prosecutors, judges and juries have found self-defence against intimate partner violence (IPV) difficult to perceive on the facts before them because of inaccurate assumptions about the nature of this form of violence. Reforms have focussed on making sure juries have a more accurate understanding of IPV so they can make fairer assessments. These legislative and common law reforms have opened up space for a different kind of legal argument, about the insufficiency of evidence in the state's case against a defendant: no-case submissions. If a state's case is based on a misunderstanding of a defendant's claim about what they were up against when they used force, there is no way of even beginning the legal assessments required by self-defence. No-case arguments are appropriately directed at the structural nature of this problem. This article examines two Australian cases, in which primary victims of IPV were acquitted of charges that they murdered or injured their abusive partner, following submissions that the state had failed to bring evidence capable of proving the defendant had not acted defensively and within reason. These cases show how criminal prosecutions against primary victims of IPV can be challenged.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"35 1","pages":"48 - 64"},"PeriodicalIF":1.9,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44429599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

[Dr]illing in the name of: the criminalisation of Sydney drill group ONEFOUR [Dr .]illing以悉尼钻石队ONEFOUR的罪名

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-08-08 DOI: 10.1080/10345329.2022.2100131

Murray Lee, T. Martin, Jioji Ravulo, Ricky Simandjuntak

{"title":"[Dr]illing in the name of: the criminalisation of Sydney drill group ONEFOUR","authors":"Murray Lee, T. Martin, Jioji Ravulo, Ricky Simandjuntak","doi":"10.1080/10345329.2022.2100131","DOIUrl":"https://doi.org/10.1080/10345329.2022.2100131","url":null,"abstract":"ABSTRACT The criminalisation of hip-hop artists is not new. The focus of attention for police has tended to be on artists of colour (in particular) who include descriptions of violence in their lyrics. The sprawling multicultural western suburbs of Sydney Australia have become a fertile breeding-ground for a wave of drill rap artists, some of whom explore violent themes. This dynamic scene was kicked off by Pacifica group ONEFOUR. Popular internationally, ONEFOUR have been subject to prolonged police and media attention resulting in cancelled tours and untested allegations of criminality. This article uses a framework of musicriminology to explore the aesthetic and cultural elements of ONEFOUR's influence and infamy. It also places Australian drill music in its socio-historical and post-colonial context to explain why it has attracted censure. We suggest that ONEFOUR's brand of Australian drill represents a Western Sydney ‘other’; a population both under-represented (in terms a cultural voice) and over-represented (in the criminal justice system) (Ahmad, 2013). The dark aesthetic, unnerving sonics and bleak lyrics of some drill exposes the underbelly of post-colonial neo-liberalism and groups economically excluded and socially marginalised. It tells stories abhorrent to moral gate-keepers and creating an atmosphere of geo-spatialised and sonically-informed danger.","PeriodicalId":43272,"journal":{"name":"Current Issues in Criminal Justice","volume":"34 1","pages":"339 - 359"},"PeriodicalIF":1.9,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45779446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The use of fire and threats to burn in the context of domestic and family violence and coercive control 在家庭暴力和强制控制的背景下使用火和威胁焚烧

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-23 DOI: 10.1080/10345329.2022.2095794

H. Douglas

引用次数: 4

Criminal law reform and the progressives—the case of provocation 刑法改革与进步——案件挑衅

IF 1.9

Current Issues in Criminal Justice Pub Date : 2022-07-22 DOI: 10.1080/10345329.2022.2097369

Andrew Dyer

引用次数: 0