Search results

1 – 10 of 328
Open Access
Article
Publication date: 28 March 2023

Avitus Agbor Agbor

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed…

Abstract

Purpose

Over a decade since the Special Criminal Court (SCC) was established in Cameroon, hundreds of individuals have been indicted, tried and convicted. Sentences have been imposed, most of which include a term of imprisonment (principal punishment/penalty) and confiscation as accessory penalty or punishment. Research focus has not been directed at the sentences which, as argued in this paper, are inconsistent, incommensurate with the amounts of money stolen and a significant departure from the Penal Code. This paper aims to explore the aspect of sentencing by the SCC.

Design/methodology/approach

To identify, highlight and discuss the issue of sentencing, the paper looks at a blend of primary and secondary materials: primary materials here include but not limited to the judgements of the SCC and other courts in Cameroon and the Penal Code. Secondary materials shall include the works of scholars in the fields of criminal law, criminal justice and penal reform.

Findings

A few findings were made: first, the judges are inconsistent in the manner in which they determine the appropriate sentence. Second, in making that determination, the judges would have been oblivious to the prescripts in the Penal Code, which provides the term of imprisonment, and in the event of a mitigating circumstance, the prescribed minimum to be applied. Yet, the default imposition of an aggravating circumstance (being a civil servant) was not explored by the SCC. Finally, whether the sentences imposed are commensurate with the amounts of monies stolen.

Research limitations/implications

This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon.

Practical implications

The prosecution and judges at the SCC should deepen their knowledge of Cameroonian criminal law, especially on the nature of liberty given to judges to determine within the prescribed range of the sentence to be imposed but also consider the existence of an aggravating factor – civil servant. They must also consider whether the sentences imposed befit the crime for which they are convicted.

Originality/value

The paper is an original contribution with new insights on the manner in which sentencing should be approached by the SCC.

Article
Publication date: 16 April 2024

Rosie Kitson-Boyce and Palwinder Athwal-Kooner

The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different…

Abstract

Purpose

The purpose of this study is to explore the experiences of those volunteering within a restorative justice service thus enabling an insight into their perceptions of the different methods used, their beliefs about restorative justice effectiveness, and its place within the criminal justice system. The study also sought to identify any challenges and positive experiences the participants encountered during their role as volunteers, with volunteering during the COVID-19 pandemic explored specifically.

Design/methodology/approach

Data was collected from the participants (n = 5) via semi-structured interviews and analysed using thematic analysis, thus enabling patterns within the experience of the volunteers to be identified.

Findings

A prior understanding and interest in restorative justice was evident within the data, with participants demonstrating a preference for direct, face-to-face mediation. The perceived lack of support from external agencies was discussed along with the role of education in their volunteering experience. Finally, it was acknowledged that although face-to-face practice was deemed the most effective overall, certain practices adopted during COVID-19 enabled aspects of the role to be carried out more efficiently and equally as effectively.

Practical implications

The findings from this study draw out real-world implications, producing tangible action points for restorative justice services. Some tentative suggestions for future practice are outlined.

Originality/value

The volunteers’ role within restorative justice is often overlooked within the literature (Paul and Borton, 2013) and time constraints can add additional barriers to a hard-to-reach population. However, volunteers play a vital role in restorative justice. By exploring and listening to the volunteers’ experience, this study expands an additional strand within the literature in terms of what makes restorative justice effective and the challenges that are faced from a volunteer perspective.

Details

The Journal of Forensic Practice, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2050-8794

Keywords

Article
Publication date: 6 February 2024

Helen Jane Liebling, Hazel Rose Barrett, Lillian Artz and Ayesha Shahid

The study aimed to listen to refugee survivors of sexual and gender-based violence (SGBV) and/or torture and explore what justice meant to them in exile. This study argues that…

32

Abstract

Purpose

The study aimed to listen to refugee survivors of sexual and gender-based violence (SGBV) and/or torture and explore what justice meant to them in exile. This study argues that what the survivors who participated in this research wanted was “viable justice”. The research was funded by the British Academy and Leverhulme Trust.

Design/methodology/approach

Using a survivor-focussed justice lens combined with a trauma-informed approach, narrative interviews were held with 41 women and 20 men refugee survivors living in refugee settlements in Northern Uganda. The researchers also conducted semi-structured interviews with 37 key informants including refugee welfare councils, the UN, civil society, non-government and government organisations. Thematic analysis of the data resulted in the following themes being identified: no hope of formal justice for atrocities that occurred in South Sudan; insecurity; lack of confidence in transitional justice processes in Ugandan refugee settlements; abuse and loss of freedom in refugee settlements; and lack of access to health and justice services in refugee settlements.

Findings

This study argues that what the survivors who participated in this research wanted was “viable justice”. That is justice that is survivor-centred and includes elements of traditional and transitional justice, underpinned by social justice. By including the voices of both men and women survivors of SGBV and/or torture and getting the views of service providers and other stakeholders, this paper offers an alternative form of justice to the internationally accepted types of justice, which offer little relevance or restitution to refugees, particularly where the crime has been committed in a different country and where there is little chance that perpetrators will be prosecuted in a formal court of law.

Research limitations/implications

The research findings are based on a small sample of South Sudanese refugees living in three refugee settlements in Northern Uganda. Thus, wider conclusions should not be drawn. However, the research does suggest that a “viable justice” approach should be implemented that is gender and culturally sensitive and which could also be trialled in different refugee contexts.

Practical implications

Improvements in refugee survivors’ dignity, resilience and recovery are dependent upon the active engagement of refugees themselves using a “survivor-focussed approach” which combines formal and community-based health services with traditional and transitional justice responses.

Social implications

The provision of a “viable justice approach” ensures those who have experienced SGBV and/or torture, and their families, feel validated. It will assist them to use their internal, cultural and traditional resilience and agency in the process of recovery.

Originality/value

The research findings are original in that data was collected from men and women survivors of SGBV and/or torture and service providers. The empirical evidence supports this study’s recommendation for an approach that combines both formal and survivor-focussed approaches towards health and viable justice services to meet the needs of refugees living in refugee settlements. This is a response that listens to and responds to the needs of refugee survivors in a way that continues to build their resilience and agency and restores their dignity.

Details

International Journal of Migration, Health and Social Care, vol. 20 no. 1
Type: Research Article
ISSN: 1747-9894

Keywords

Article
Publication date: 11 April 2024

Michael K. Dzordzormenyoh, Claudia Dzordzormenyoh and Jerry Dogbey-Gakpetor

The COVID-19 pandemic provides researchers and practitioners with an opportunity to examine the effect of emergency policing on public trust in the police and augment our…

Abstract

Purpose

The COVID-19 pandemic provides researchers and practitioners with an opportunity to examine the effect of emergency policing on public trust in the police and augment our understanding. Therefore, the primary purpose of this study was to examine the effect of police enforcement of COVID-19 health measures on public trust in the police in Ghana.

Design/methodology/approach

A multivariate binary logistic regression was utilized to assess the effect of police enforcement of COVID-19 health measures on public trust in the police in Ghana using national representative data.

Findings

Our analysis suggests that emergency policing positively influences public trust in the police in Ghana. Additionally, we observed that police-related issues such as corruption and professionalism, as well as demographic factors of the public, influence trust in the police. These observations are helpful for emergency policing and policy development in Ghana.

Originality/value

This study is unique because it uses national representative data to assess the effect of police enforcement of COVID-19 health measures on public trust in the police in Ghana. Furthermore, this study is among the first or among the few from Ghana and the sub-region to examine the nexus between health emergencies and policing.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 17 April 2024

Jessica Rene Peterson, Kyle C. Ward and Michaela Lawrie

The purpose is to understand how farmers in rural American communities perceive crime, safety and policing.

Abstract

Purpose

The purpose is to understand how farmers in rural American communities perceive crime, safety and policing.

Design/methodology/approach

An online survey, adapted from a version used in Victoria, Australia (Harkness, 2017), was modified and administered through social media and farming organizations throughout three US states. The survey covers topics relating to crime and victimization, feelings of safety or fear in rural areas, policing practices and trust in police in their areas and any crime prevention practices that respondents use.

Findings

With nearly 1,200 respondents and four scales investigated, results indicate that those respondents with more favorable views of law enforcement and the criminal justice system had the highest fear of crime, those who had been prior victims of crime had a higher fear of crime than those who did not, those with higher community involvement had higher fear of crime, and those from Nebraska compared to Colorado had higher fear of crime.

Research limitations/implications

A better understanding of the agricultural community’s perceptions of crime, safety and policing will aid law enforcement in community policing efforts and in farm crime investigation and prevention. Limitations of the study, including the distribution method will be discussed.

Originality/value

Farm- and agriculture-related crimes have serious financial and emotional consequences for producers and local economies. Stereotypes about rural areas being “safe with no crime” are still prevalent. Rural American farmers’ perceptions of crime, safety and police are largely absent from the literature and are important for improving farm crime prevention.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 26 February 2024

Nurazlina Abdul Raof, Norazlina Abdul Aziz, Nadia Omar and Wan Liza Md Amin @ Fahmy

The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their…

Abstract

Purpose

The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their Associated Persons in the interest of the company. This study aims to explore the evolving concept of Associated Persons and corporate liability within this legal framework. It delves into three primary legal models of Associated Persons, particularly focusing on corrupt cases falling under Sections 17 A (1), 17 A (6) and 17 A (7) of the MACC Act. The study also investigates the extent of Associated Persons’ involvement in these cases that eventually led to company liability.

Design/methodology/approach

The study deployed thematic and comparative analyses to assess the legal framework and highlight the significance of Section 17 A of the MACC Act.

Findings

The study disclosed that, despite having corruption policies, there is still a possibility for Associated Persons to engage in corrupt activities. To ensure long-term business sustainability, it is crucial to implement effective mechanisms and a strong compliance culture.

Originality/value

This study suggests implementing a due diligence checklist and conducting risk assessments for companies as measures against corruption caused by Associated Persons. Corporate entities and legal professionals may benefit from the reported findings to better comprehend the corruption offences outlined in Section 17 A of the MACC Act.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 13 February 2024

Seung Hyun Kim, Kwang Hyun Ra, Sang Hun Lee and Do Sun Lee

This study examined the effects of organizational justice and citizen respect to support for democratic policing through self-legitimacy among South Korean police officers.

Abstract

Purpose

This study examined the effects of organizational justice and citizen respect to support for democratic policing through self-legitimacy among South Korean police officers.

Design/methodology/approach

The authors used survey data from 467 South Korean police officers in 2022. Structural equation model analysis was used to examine relationships between each variable.

Findings

This study found a positive relationship between organizational justice and self-assessed legitimacy. Also, citizen respect had a positive relationship with both police officers' self-assessed legitimacy and audience legitimacy. Self-assessed legitimacy had a significant effect on support for democratic policing, while perceived-audience legitimacy did not have a significant effect on support for democratic policing.

Originality/value

The current study provides evidence that self-legitimacy affects supporting democratic policing in a non-Western democracy. Additionally, to the best of our knowledge, this study is the first to examine the role of police self-legitimacy as a link between organizational justice and citizen respect and the intended behaviors of police officers toward citizens.

Details

Policing: An International Journal, vol. 47 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 19 March 2024

Vinod Kumar TK

The police require the cooperation of the public to ensure security in society. People cooperate with the police because they share norms and values reflected in the law and…

Abstract

Purpose

The police require the cooperation of the public to ensure security in society. People cooperate with the police because they share norms and values reflected in the law and police action. Police face challenges in obtaining the cooperation of the public. There are studies examining the relationship between the legitimacy of the police and cooperation with the police. Using Tankebe's (2013) model of legitimacy as a multidimensional concept, this study examines the relationship between legitimacy and cooperation with the police in India.

Design/methodology/approach

For examining the relationship, the study uses data collected from a survey of 705 victims of crime in India who had interacted with the police. The research questions were examined using structural equation modeling (SEM).

Findings

On the basis of the analyses, the study concludes that legitimacy is a multidimensional concept encompassing police lawfulness, procedural justice, distributive justice and effectiveness. The legitimacy of the police has both a direct impact on cooperation with the police and the obligation to obey as a mediating variable. The study indicates that legitimacy is an important antecedent to cooperation with the police, which has significant policy implications.

Originality/value

The study is significant as there are no studies examining the relationship between the legitimacy of police and cooperation with the police in India, which is a non-Western developing country and the largest democracy in the world. The present research is the first study of this nature.

Details

Policing: An International Journal, vol. 47 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 20 March 2024

Nakbum Choi and Jaeseong Jang

Recently, the interest of scholars studying procedural justice in policing has shifted from the relationship between procedural justice and citizen compliance to trust in police…

Abstract

Purpose

Recently, the interest of scholars studying procedural justice in policing has shifted from the relationship between procedural justice and citizen compliance to trust in police officers’ perceptions of who exercises it. This study explores the relationship between organizational justice and the perception of procedural justice from the perspective of police officers. Furthermore, it investigates the mediating roles of discretion and responsiveness.

Design/methodology/approach

Using 441 survey responses from South Korean police officers, a mediation model is outlined and tested using structural equation modeling (SEM). The results showed that police officers’ perceptions of organizational justice had indirect effects on the perceived importance of procedural justice. Moreover, discretion and responsiveness mediate the relationship between organizational justice and perceived procedural justice.

Findings

Officers who perceive police fairness are more likely to have a positive perception of procedural justice toward citizens when they have a higher level of discretion and responsiveness. However, police officers’ perceptions of organizational justice are not directly linked to their perceptions of procedural justice.

Originality/value

This study contributes to the generalization of knowledge by empirically testing Van Craen’s theoretical model of the Korean police. It also expands the existing theoretical model by investigating the influence of overall organizational justice and its possible mediators on procedural justice.

Details

Policing: An International Journal, vol. 47 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 15 December 2023

Tenzin C. Butsang, Shahroze Zafar, Parisa Dastoori, Arthur McLuhan, Emma Janet Rice, Carolyn Ziegler, Angela Mashford-Pringle and Flora I. Matheson

Public health experts and advocates have long raised concerns about the pandemic preparedness of prison systems worldwide – an issue that became increasingly salient at the start…

Abstract

Purpose

Public health experts and advocates have long raised concerns about the pandemic preparedness of prison systems worldwide – an issue that became increasingly salient at the start of the COVID-19 pandemic. People in prison experience poorer health outcomes compared to the general population, making timely access to adequate health services in prison critical for their health and wellbeing. This study aims to identify the extent of the literature on initial changes in mental health and substance use services for people in prison during the COVID-19 pandemic, summarize and synthesize the findings and identify areas in need of further study.

Design/methodology/approach

The authors conducted a review of the academic literature published internationally in English between 2019 and December 1, 2020 to describe the disruptions and adaptations to mental health and substance use services in prisons during the onset of the COVID-19 pandemic.

Findings

The authors found that mental health and substance use services in prisons around the world were widely disrupted due to the COVID-19 pandemic – predominantly consisting of the complete suspension of services, discontinuation of transfers to off-site treatment sites and limitations on service capacity. Adaptations ranged from virtual service delivery and changes to treatment dispensation processes to information sessions on overdose prevention.

Originality/value

To the best of the authors’ knowledge, this is the first review to examine the nature and extent of the literature on delivery of mental health and substance use services in prisons during the COVID-19 pandemic.

Details

International Journal of Prison Health, vol. 20 no. 1
Type: Research Article
ISSN: 2977-0254

Keywords

1 – 10 of 328