{"title":"Association Between Disabilities, Educational Attainment, Literacy, and Intimate Partner Violence: Findings from the Indian National Family Health Surveys","authors":"Cooper A. Maher, Brittany E. Hayes","doi":"10.1007/s11417-022-09389-0","DOIUrl":"10.1007/s11417-022-09389-0","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>Intimate partner violence (IPV) is widespread across the Global South, including India, due to cultural and patriarchal norms that encourage and facilitate such behaviors. These include age at marriage, community- and individual-level encouragement of IPV, and limited access to education across the Global South, particularly for women. Despite this, little research has sought to disentangle the role that disabilities play in affecting women’s risk of IPV in India. The current study analyzes a sample of currently married women (<i>N</i> = 114,901) from the nationally representative 2015–2016 and 2019–2021 National Family Health Surveys (NFHS) to assess whether a relationship exists between these dimensions, while controlling for well-known IPV correlates, with physical IPV and controlling behaviors. Logistic regression analyses revealed that persons with cognitive/intellectual disabilities as well as blind respondents were more likely to experience physical IPV. Blind respondents were also more likely to experience controlling behavior. Further, findings indicate that those with no or some education were more likely to experience physical IPV relative to those with higher education. Findings from the current study demonstrate the need for IPV reduction policies to ensure that adequate accommodations are available to facilitate help-seeking behaviors among persons with disabilities. Tailored prevention policies are also needed which consider both context- and location-specific factors associated with risk.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"1 - 20"},"PeriodicalIF":1.9,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09389-0.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10818951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Continuation of Systemic Failures: from Cui Ning to Contemporary Wrongful Conviction Cases in China","authors":"Ming Hu, Bin Liang","doi":"10.1007/s11417-022-09388-1","DOIUrl":"10.1007/s11417-022-09388-1","url":null,"abstract":"<div><p>The wrongful conviction of Cui Ning is a famous short novel first recorded in the Song dynasty. It tells of a story about the wrongful conviction and execution of two innocent people, Cui Ning and madam Chen. In this study, we pay particular attention to systemic failures that led to the miscarriage of justice in this case, including presumption of guilt, use of torture, improper influence of public opinion, lack of effective defense rights and appeal procedures, and lack of checks and balances within the criminal justice system. We further examine continuation of these systemic failures in four contemporary wrongful conviction cases including Teng Xingshan (1987), She Xianglin (1994), Nie Shubin (1995), and Huugjilt (1996). The continuation of these systemic failures provides important lessons to China’s contemporary criminal justice system.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"75 - 94"},"PeriodicalIF":1.9,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43510181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hong Lu, Honglan Shuai, Yudu Li, Jianhong Liu, Bin Liang
{"title":"Confession and the Crime Control Model: an Analysis of Exonerated Death Penalty Cases in China","authors":"Hong Lu, Honglan Shuai, Yudu Li, Jianhong Liu, Bin Liang","doi":"10.1007/s11417-022-09383-6","DOIUrl":"10.1007/s11417-022-09383-6","url":null,"abstract":"<div><h2>Abstract </h2><div><p>Confessions clearly have probative value when they are truthful. When not, however, they may lead to disastrous consequences. While the due process model provides procedural safeguards to ensure the voluntariness of a confession, under the crime control model, the reliability of a confession is the main emphasis, given its truth-finding priority. Two forces coexisted in China in the past three decades that warrant a close examination of the nature and goal of confessions: the impact of “strike-hard” campaigns and political pressure to swiftly crack down on serious crimes and the growing international pressure on human rights protections and China’s steady progress in improving procedural safeguards for the criminally accused. Citing 103 wrongfully convicted death penalty cases in China from 1983 to 2012, this study examines two inter-related questions regarding coerced confessions: (1) the extent and characteristics of confessions and torture, and (2) the goal of extracting confessions through torture. This analysis sheds light on the myth of the truth-finding goal under the crime control model and discusses policy implications of China’s current confession laws and death penalty reforms.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"33 - 54"},"PeriodicalIF":1.9,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09383-6.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44066456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Review of David T. Johnson: The Culture of Capital Punishment in Japan","authors":"Bin Liang","doi":"10.1007/s11417-022-09382-7","DOIUrl":"10.1007/s11417-022-09382-7","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"75 - 77"},"PeriodicalIF":1.9,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09382-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48180875","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Juvenile Community Corrections in China: the Quest for a Restorative Approach","authors":"Dennis S. W. Wong, Cindy S. Y. Fung","doi":"10.1007/s11417-022-09381-8","DOIUrl":"10.1007/s11417-022-09381-8","url":null,"abstract":"<div><p>Community-based treatment has long been a major component of the criminal justice system in most Western jurisdictions; however, this is not the case in China. Based on a review of academic journal articles and legal documents, this paper highlights the evolution of community correction programs for juvenile offenders in China. Reflecting on its development over the past two decades, the existing community correction programs in China are not restorative in facilitating an offender’s effective reintegration into the community. This paper aims to address the existing gap by examining the historical roots and characteristics of Chinese juvenile community corrections and analyzing how restorative justice can be incorporated into the youth rehabilitation system. In this regard, this paper advocates for a restorative juvenile community correction model that motivates social capital and actively engages all concerned parties in meeting various correctional goals of victim reparation, accountability taking, capacity building, and maintaining community safety. With the momentum of the recent criminal justice reform alongside the continued open-door policy in China, it is hoped that the Chinese government may be more willing to include restorative ideas for offender reintegration in the future. With more frequent applications of restorative justice, we are confident that effective intervention models could be put into practice in the years to come.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"113 - 132"},"PeriodicalIF":1.9,"publicationDate":"2022-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46462739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Restoring Justice or Maintaining Control? Revolutionary Roots and Conservative Fruits in Chinese Police Mediation","authors":"Jeffrey T. Martin, Lingxiao Zhou","doi":"10.1007/s11417-022-09378-3","DOIUrl":"10.1007/s11417-022-09378-3","url":null,"abstract":"<div><p>This article examines the use of mediation as a police technique in China. Our focus is the “Fengqiao Model” (<i>Fengqiao Jingyan</i>) reforms presently being implemented through the new Social Governance Scheme. Based on 1 year of ethnographic participant-observation, we propose that the overarching practical goal of contemporary Fengqiao Model mediation conferences is to engineer a “good faith/sincere” (<i>chengyi</i>) reconciliation on the part of individual participants in a manner that consolidates the overall hegemony of the market order. To evaluate the substantive qualities of justice generated by this marketized mode of production, we focus on the way it uses techniques of psychic coercion to foreclose non-marketized avenues to political justice. This evidences an illiberal ideal of legitimate force which, we argue, renders these practices inconsistent with ideal–typical definitions of “restorative justice” predicated on a liberal ideal of mediation as a space of free expression. This is a technology of mediation designed to produce <i>revolutionary</i> rather than restorative justice. We further substantiate our argument by locating contemporary practices in the broader history of policing in the PRC, focusing on the enduring significance of “emotion work” as a canonically illiberal technology forged in the context of Mass Line administration. Where Mao-era Fengqiao Model policing utilized reintegrative shaming to deal with political contradictions among the people, Market era Fengqiao Model policing repairs grass root conflict through a mode of producing depoliticized “good faith/sincerity” within the terms of the cash nexus, repurposing revolutionary techniques to uphold a market order.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"133 - 153"},"PeriodicalIF":1.9,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49542219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Non-compliance or What? An Empirical Inquiry into the Regulatory Pyramid of Chinese Drug Users","authors":"Xiaoyu Yuan, Liu Liu","doi":"10.1007/s11417-022-09379-2","DOIUrl":"10.1007/s11417-022-09379-2","url":null,"abstract":"<div><p>Rarely has any study examined the regulatory structure of drug treatment in China from the perspective of the regulated actors (i.e., illicit drug users). This study, based on interviews with 36 drug users placed in compulsory drug treatment centers, aims to understand their experiences with the whole treatment regime. Their views of the multiple tools and strategies adopted by regulators are explored. The findings are presented and discussed in relation to the “regulatory pyramid” developed in the Western context, which advocates maximal use of restorative justice and minimal sufficiency in imposing deterrence. They show that China’s current state-centered regulatory practice in drug treatment lacks both a restorative base and regulatory deterrence, rendering escalation in the pyramid inevitable. Implications for theory and practice are offered with regard to enhancing compliance in the current regulatory context of China.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"155 - 170"},"PeriodicalIF":1.9,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43149950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Restorative Justice in Hong Kong — a Research Study on the Struggle Between Retribution and Restoration","authors":"Wendy Lui","doi":"10.1007/s11417-022-09380-9","DOIUrl":"10.1007/s11417-022-09380-9","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>Hong Kong has been a place where the rule of law is upheld as the cornerstone of the legal system, and the notion of rule of law is based very much on retributory justice — a system where defendants are given sufficient due process protection, and proportionate punishment is levied in a legal sense. In the criminal prosecution process, restorative justice exists in a peripheral way in the form of victim offender mediation. Though named as a form of mediation, the practice of restorative justice has been receiving much lesser attention when the use of mediation in the civil justice system has enjoyed huge growth in the territory. This article examines how the promotion of mediation in Hong Kong has supported potential development of restorative justice through the well-established pool of professionals, lawyers and helping professionals included, in the field.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"231 - 251"},"PeriodicalIF":1.9,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44692808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Lanying Huang, Chuen-Jim Sheu, Yi-Fen Lu, Yi-Chun Yu, Mark S. Umbreit
{"title":"Restorative Justice (XIU-FU-SHI-SI-FA) in Taiwan: Traditional Practices and Modern Developments","authors":"Lanying Huang, Chuen-Jim Sheu, Yi-Fen Lu, Yi-Chun Yu, Mark S. Umbreit","doi":"10.1007/s11417-022-09377-4","DOIUrl":"10.1007/s11417-022-09377-4","url":null,"abstract":"<div><h2>Abstract </h2><div><p>“Restorative Justice,” firstly a research concept and later a criminal justice practice, was introduced into Taiwan at the beginning of the twenty-first century. This paper reviews how RJ grounded in the Taiwanese district prosecutors’ offices and gradually grows into a grassroots social movement. We propose that the RJ advancement benefits from open-minded policymakers, dedicated academics, and innovative facilitators. The facilitators trained from 2011 to 2012 became key players to spread the RJ practices to other criminal justice sectors and beyond. In addition, the third wave of judicial reform further enabled the embedding of the RJ procedure in the Juvenile Justice Act, the Code of Criminal Justice Procedure, the Prison Act, and the Detention Act. We compare the discourse of RJ advocacy in the east and the west and address the importance of cultural sensitivity, terminology translation, and the meaning of localized practice. In conclusion, we reflect on the existing evaluation reports of the Taiwanese RJ model and provide recommendations for future development.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"189 - 208"},"PeriodicalIF":1.9,"publicationDate":"2022-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47362111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}