The Journal of Criminal Law最新文献

{"title":"Mental Health and Yoga in Prisons","authors":"Anqi Shen","doi":"10.1177/00220183241265170","DOIUrl":"https://doi.org/10.1177/00220183241265170","url":null,"abstract":"Prison environments pose substantial health risks and may adversely affect the health and wellbeing of both prisoners and staff. Drawing extensively from international literature across several disciplines and supported by empirical data, this article presents a multidisciplinary study that focuses on mental health in prison settings and examines unconventional healthcare interventions, using yoga and meditation as a case study. Despite compelling research suggesting overall positive outcomes, the idea of yoga in prisons is not fully integrated into criminal justice policy and practice, and there are gaps in prison yoga research. Recognising the multifaceted roles of yoga within correctional institutions, this article specifically explores the impact of yoga on improving the mental health of incarcerated individuals and prison personnel. The primary aim is to raise awareness about mental health challenges in prisons and underscore the healthcare benefits of implementing prison yoga programmes. Accordingly, the article provides an overview of mental health issues in prisons, assesses the potential benefits and mechanisms of yoga and meditation as alternative mental healthcare methods and explores the barriers to integrating these practices into prison healthcare. It advocates for yoga and similar practices as viable mental healthcare alternatives for both prisoners and prison staff. The article's analysis contributes to a preliminary framework for policymakers, prison managers, staff, and scholars seeking to enhance mental health outcomes in penal facilities.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142268634","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}

{"title":"Testing the Effects of Workplace Variables on the Job Burnout Among Prison Officers in India: An Application of the Job Demands–Resources Model","authors":"Eric G. Lambert, Hanif Qureshi, Shanhe Jiang, Mia Abboud Holbrook, James Frank","doi":"10.1177/00220183241278082","DOIUrl":"https://doi.org/10.1177/00220183241278082","url":null,"abstract":"The current study used the job demands–resources model and survey data from prison officers in India in order to examine how workplace variables are associated with three job burnout dimensions of emotional exhaustion, depersonalization, and reduced sense of work accomplishment. Job demands make the job more difficult and are generally linked to negative outcomes, while job resources make the job less difficult and are generally linked to positive outcomes. The job demands for the current study were role overload, routinization, and fear of being victimized at work, and the job resources were training views, instrumental communication, and job autonomy. Based on ordinary least squares regression results of surveys from 168 officers from a prison in the Haryana State of India, this study found that role overload was associated with higher levels of all three burnout dimensions, while routinization was only associated with higher levels of emotional exhaustion. Curiously, fear of victimization was associated with lower levels of depersonalization and reduced sense of work accomplishment. Instrumental communication was associated with lower levels of all three burnout dimensions, while training views and job autonomy had no significant effects on any burnout dimension.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142216840","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}

{"title":"Introduction to the Special Issue on Mental Health in Prisons","authors":"Anqi Shen, Shanhe Jiang","doi":"10.1177/00220183241278099","DOIUrl":"https://doi.org/10.1177/00220183241278099","url":null,"abstract":"","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142216600","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}

{"title":"Non-Fatal Strangulation: An Empirical Review of the New Offence in England and Wales","authors":"Hannah Bows, Jonathan Herring","doi":"10.1177/00220183241277005","DOIUrl":"https://doi.org/10.1177/00220183241277005","url":null,"abstract":"Following the introduction of specific non-fatal strangulation (NFS) offences into law in a number of other jurisdictions over the last 20 years, England and Wales introduced a new offence of Non-Fatal Strangulation as part of the Domestic Abuse Act (2021) in 2022. Drawing on data provided by 32 forces, this article examines how the offence has been used in the first 14 months of operation. Specifically, we explored the victim and suspect characteristics, relationships and case outcomes of recorded incidents by police and the pipeline between recorded crime and prosecution. Our findings support the limited evidence on NFS in England and Wales, and Australia in finding that most victims are female and most suspects are male, typically victims and suspects are young-middle-aged adults, and most NFS is domestic in nature. We also found Black victims and suspects to be overrepresented. Whilst the data indicates the new offence is being routinely used by police, and charge rates compare well to other crimes, around 90% of recorded incidents are not resulting in a prosecution or conviction. We consider the implications of these findings for research and practice.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142216599","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}

{"title":"Finding a Compromise: A Criminal Law Defence for Regulating Medical Assistance in Dying","authors":"Chrystala Fakonti","doi":"10.1177/00220183241276996","DOIUrl":"https://doi.org/10.1177/00220183241276996","url":null,"abstract":"The legal discourse surrounding euthanasia and assisted suicide continues to evolve, with a growing demand for comprehensive regulation. However, in England and Wales, assistance in dying remains prohibited. This article draws on criminal law theory to propose a compromising approach to cases of medical assistance in dying by creating a new criminal law defence. This defence will be available to a physician assisting a patient to die on the conditions of autonomy and beneficence. If this defence is successful, it will completely remove the physician's criminal liability.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142216601","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}

{"title":"Not Really a Jogee Case (but Then Neither Was Jogee …)","authors":"Beatrice Krebs","doi":"10.1177/00220183241272299","DOIUrl":"https://doi.org/10.1177/00220183241272299","url":null,"abstract":"","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"37 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141923061","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}

{"title":"The Harms of Imprisonment and Envisioning a Desistance-Supporting ‘Good Society’","authors":"Patricia Gray, Julie M Parsons","doi":"10.1177/00220183241265188","DOIUrl":"https://doi.org/10.1177/00220183241265188","url":null,"abstract":"Research evidence in the 21st century strongly indicates that prisons are inherently harmful environments in which to try to support rehabilitation, because of their destructive impact on identity, self-actualisation, mental health and social relationships. Yet HM Prison and Probation Service (HMPPS) continues to propose that prisons can be legitimate sites of rehabilitation as well as centres of punishment. This article begins by interrogating this proposition by looking at research conducted in an adult male prison. By specifically focusing on the interpersonal conflicts and tensions that the men experience in their daily lives, the research highlights the ‘relational’ and ‘self-actualising’ harms that undermine the development of a successful rehabilitative culture within a prison. The article then moves on to consider a utopian vision of a ‘desistance-supporting’ rehabilitative ‘good society’ by drawing on a second piece of research that captures the voices and experiences of participants in a very successful community-based resettlement project. Lessons learned from this are then collated to consider how to build a rehabilitative ‘good society’ in prisons. The article concludes with a cautionary note about the possible difficulty of creating such a society in neoliberal times.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141742563","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}

{"title":"Evidence of Autism Spectrum Disorder and its Relevance to a Reasonable Belief in Consent in the Context of Sexual Offences","authors":"Adam Jackson","doi":"10.1177/00220183241263663","DOIUrl":"https://doi.org/10.1177/00220183241263663","url":null,"abstract":"","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141742474","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}

{"title":"Vulnerability Through a Legal Lens: A Comparative Jurisdictional Analysis of the Law of Confessions and Vulnerable Suspects","authors":"David Hughes, Angela King","doi":"10.1177/00220183241256739","DOIUrl":"https://doi.org/10.1177/00220183241256739","url":null,"abstract":"This article considers the law of confessions in England and the United States of America Supreme Court's Fourteenth amendment cases, with a focus on suspects who are vulnerable. The question that is asked in the piece of work is whether the English statutory provisions and the decisions of the US Supreme Court provide sufficient protection to vulnerable suspects who falsely confess to crimes. A novel approach is adopted with this comparative analysis as it extends the knowledge base by examining vulnerability and the law of confessions within two jurisdictional parameters. A further contribution to knowledge can be seen as the paper provides a bespoke piece of legislation that affords protection to such individuals, and thereby adds to the current debate on vulnerability in the criminal justice system. Firstly, the work critically examine why vulnerable suspects will falsely confess to criminal acts. It will be established that vulnerable suspects may confess even if they have not been coerced, and this will be the foundational basis for the suggested reform: a vulnerable suspects confession should be excluded as a result of their characteristics or that such individuals should be provided with mandatory legal advice. The focus will then turn to the extant position in England, where it will be revealed that confessions will be excluded if they have been obtained by unfair practices or through inhumane or degrading treatment. It will also be recognised that the English jurisdiction affords limited protection to vulnerable suspects even though they are entitled to legal advice and an appropriate adult being present. The US Supreme Court's position will then be evaluated by chronologically critiquing the use of the due process clause in cases of confessions. It will be identified that the vulnerability of the individual can be considered in determining whether a confession should be excluded but cannot be utilised in isolation of other factors. The two jurisdictions will then be critically compared and the positive and negative aspects of the law in the jurisdictions will be evaluated. It will be established that neither England nor the US Supreme provides sufficient protection to vulnerable suspects and the law requires further refinement, by placing priority on mandatory legal advice and/or an opportunity to exclude the confession. A de novo remedial statutory provision for England is provided as an effective solution to the issue of vulnerability and false confessions.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"37 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141270080","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}

{"title":"Double Jeopardy and Successive Prosecutions Based on the Same Prohibited Conduct: Equivalence of Approaches to Determining the Same Offence Dilemma in Comparative Perspective","authors":"Ger Coffey","doi":"10.1177/00220183241251920","DOIUrl":"https://doi.org/10.1177/00220183241251920","url":null,"abstract":"Post-acquittal retrials for substantially the same offence are possible in jurisdictions that have provided statutory modifications to the common law double jeopardy principle. The pleas in bar of prosecution, autrefois acquit (previously acquitted) and autrefois convict (previously convicted), are predicated on a final verdict of acquittal or conviction by a court of competent criminal jurisdiction for substantially the same offence. Differentiating similarities between the increasing volume of overlapping offences is the most litigated aspect of the double jeopardy principle. Seminal common law jurisdictions have adopted variations of the same elements approach that examines whether two or more offences arising out of the same prohibited conduct are the same based on an assessment of whether there is an element in one offence not in the comparable offence. Through doctrinal analysis of superior court jurisprudence in the Unites States, England and Wales, Canada, Australia and New Zealand, this article evaluates judicial formulations for determining the sameness of offences in comparative perspective. While the analysis is intrinsic to each jurisdiction, judicial formulations may nonetheless shed light on similar issues coming before courts of criminal justice in cognate jurisdictions.","PeriodicalId":501562,"journal":{"name":"The Journal of Criminal Law","volume":"28 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141117242","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}