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Article
Publication date: 7 December 2015

Roberta Julian and Sally F. Kelty

The purpose of this paper is to identify and discuss key risk factors in the use of forensic science in the criminal justice system by adopting a holistic and systemic approach…

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Abstract

Purpose

The purpose of this paper is to identify and discuss key risk factors in the use of forensic science in the criminal justice system by adopting a holistic and systemic approach that examines the collection and use of forensic evidence from crime scene to court.

Design/methodology/approach

The research on which the paper is based was a mixed-method five-year study of the effectiveness of forensic science in the criminal justice system in Australia using qualitative and quantitative methods. The paper draws on the in-depth analysis of qualitative data from 11 case studies of investigations of serious crime to identify key risk factors in the use of forensic science from crime scene to court.

Findings

Six key risk factors in the forensic process from crime scene to court are identified: low level of forensic awareness among first responders; crime scene examiners (CSEs) as technicians rather than professionals; inefficient and/or ineffective laboratory processes; limited forensic literacy among key actors in the criminal justice system; poor communication between key actors in the criminal justice system; and, financial resources not directed at the front end of the forensic process. Overall the findings demonstrate that forensic science is not well embedded in the criminal justice system.

Practical implications

The paper suggests that the risks inherent in the current practice of forensic science in the criminal justice system can be reduced dramatically through: forensic awareness training among first responders; the professionalisation of CSEs; continued improvements in efficiency and effectiveness at the laboratory with a focus on timeliness and quality; greater forensic literacy among actors in the criminal justice system; appropriate avenues of communication between agencies, practitioners and policymakers in the criminal justice system; and increased allocation of resources to the front end of the forensic process.

Originality/value

By adopting a holistic, systemic approach to the analysis of forensic science in the criminal justice system, and identifying inherent risks in the system, this paper contributes to the emerging body of research on the social processes that impact on the effectiveness of forensic science.

Details

Journal of Criminological Research, Policy and Practice, vol. 1 no. 4
Type: Research Article
ISSN: 2056-3841

Keywords

Open Access
Article
Publication date: 27 March 2020

Aline Pietrix Seepma, Carolien de Blok and Dirk Pieter Van Donk

Many countries aim to improve public services by use of information and communication technology (ICT) in public service supply chains. However, the literature does not address…

5149

Abstract

Purpose

Many countries aim to improve public services by use of information and communication technology (ICT) in public service supply chains. However, the literature does not address how inter-organizational ICT is used in redesigning these particular supply chains. The purpose of this paper is to explore this important and under-investigated area.

Design/methodology/approach

An explorative multiple-case study was performed based on 36 interviews, 39 documents, extensive field visits and observations providing data on digital transformation in four European criminal justice supply chains.

Findings

Two different design approaches to digital transformation were found, which are labelled digitization and digitalization. These approaches are characterized by differences in public service strategies, performance aims, and how specific public characteristics and procedures are dealt with. Despite featuring different roles for ICT, both types show the viable digital transformation of public service supply chains. Additionally, the application of inter-organizational ICT is found not to automatically result in changes in the coordination and management of the chain, in contrast to common assumptions.

Originality/value

This paper is one of the first to adopt an inter-organizational perspective on the use of ICT in public service supply chains. The findings have scientific and managerial value because fine-grained insights are provided into how public service supply chains can use ICT in an inter-organizational setting. The study shows the dilemmas faced by and possible options for public organizations when designing digital service delivery.

Details

Supply Chain Management: An International Journal, vol. 26 no. 3
Type: Research Article
ISSN: 1359-8546

Keywords

Book part
Publication date: 21 December 2010

Liam Leonard and Paula Kenny

The primary goal of the Restorative Justice process is not punishment but making good the harm done by offending for the victim, the community and the offender. Offenders have to…

Abstract

The primary goal of the Restorative Justice process is not punishment but making good the harm done by offending for the victim, the community and the offender. Offenders have to take responsibility for their actions as a precondition to addressing the harm that they have caused. Offenders become aware that a crime is committed, not against an abstraction, but against someone real, a person like themselves and against their community, who are directly and indirectly affected by what has happened. Crime and conflict affect relationships between individuals who are left outside the court system altogether by conventional justice. Proceedings and arguments of the restorative process are voluntary for all parties. People are given the opportunity to partake in mediation, or to accept reparation. The process is always confidential however; outcomes and agreements can be made public, depending on the authorisation by participants.

Details

Sustainable Justice and the Community
Type: Book
ISBN: 978-0-85724-301-0

Book part
Publication date: 14 October 2022

Heather L. Scheuerman and Shelley Keith

Although the family plays a key role in affecting offender behavior, little research examines how sanctioning contexts affect familial relationships. Using data from the…

Abstract

Although the family plays a key role in affecting offender behavior, little research examines how sanctioning contexts affect familial relationships. Using data from the Australian reintegrative shaming experiments (RISE), we investigate how the processing of offenders via court and conference affects their bonds with family members by examining the type of shaming – reintegrative or disintegrative – they experience. In contrast to disintegrative or stigmatizing shaming, which tends to be associated with court processing, reintegrative shaming shames the act and not the moral character of the offender, allowing for the reparation of social ties. We find that despite higher levels of stigmatization in conferences, this form of processing is also more reintegrative and strengthens family relationships to a greater extent than courts, with offenders feeling prouder of being a member of their family and indicating that familial closeness and respect increased. Moreover, reintegrative but not disintegrative shaming mediates the relationship between criminal justice processing and family relationships.

Details

The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

Keywords

Abstract

Details

The Sustainability of Restorative Justice
Type: Book
ISBN: 978-1-78350-754-2

Book part
Publication date: 5 February 2010

Amanda Konradi

Purpose – To assess how well varied policy initiatives address rape survivors’ difficulties participating in criminal prosecution.Method – The evaluation takes a victim-centered…

Abstract

Purpose – To assess how well varied policy initiatives address rape survivors’ difficulties participating in criminal prosecution.

Method – The evaluation takes a victim-centered perspective, rejecting the assumption that retraumatization is a necessary or inevitable by-product of prosecution. It accepts decision-making powers granted to law enforcement and prosecution practitioners to “found,” charge, prosecute, and plead cases, but questions the means adopted to achieve immediate goals. The evaluation considers legislative, procedural, and extra-criminal proposals such as restorative justice (RJ) conferencing and prosecutorial behavior modification. The evaluation draws on empirical investigations of case attrition, law enforcement, and prosecutorial decision-making, interorganizational collaboration in case processing, RJ, and survivors’ experiences with criminal prosecution.

Findings – Many of rape survivors’ difficulties with criminal prosecution stem from legal actors’ lack of knowledge about survivors’ purposes for participation and strategies to maintain ownership of a conflict that has been appropriated by prosecution, the conflicts survivors’ preexisting social relations pose, how lack of information about and experience with courtroom roles and norms produces anxiety and defensive behavioral strategies, and how survivors interpret and experience inconsistent messages about their role in and power over prosecution. The criminal justice process can directly reduce the causes of retraumatization and achieve procedural justice in ways that have positive implications for better substantive outcomes.

Practical implications – Instituting practices accommodating users’ behavioral orientations should increase the perception that reporting and prosecuting are viable options. Following Taslitz (1999), improving the effectiveness of rape survivors’ communication will increase gender equity generally.

Details

New Approaches to Social Problems Treatment
Type: Book
ISBN: 978-1-84950-737-0

Abstract

Details

The Sustainability of Restorative Justice
Type: Book
ISBN: 978-1-78350-754-2

Book part
Publication date: 14 October 2022

Hong Lu, Bin Liang and Deena DeVore

The victim’s rights movement and restorative justice (RJ) have gained momentum around the world. More laws and policies have focused on crime victims and their families. Western…

Abstract

The victim’s rights movement and restorative justice (RJ) have gained momentum around the world. More laws and policies have focused on crime victims and their families. Western literature suggests that the victim’s family suffers physical, emotional, and financial tolls and that the power of the victim’s family in pursuing justice for their loved ones remains limited. This is particularly concerning within the political and legal context of the abolitionist movement, innocence project, and human rights groups’ campaigns against police torture. Grounded in the perspectives of RJ and Chinese legal culture, this study examines the victim’s family, represented by Ding and senior Yu, of the Nian Bin capital murder case. Drawing on published reports and using the thematic content analysis method, this study examines the following aspects of victim’s family in a death penalty case: 1) victim family’s physical, emotional, and financial tolls; 2) victims’ family and the criminal justice system; 3) victims’ family and the media; and 4) the relationship between the victims’ and the accused’s families. This study concludes with discussions of the competing goals of families impacted by a crime and RJ practices that would help mitigate the loss of the victim’s family and enhance their confidence in the criminal justice system.

Details

The Justice System and the Family: Police, Courts, and Incarceration
Type: Book
ISBN: 978-1-80382-360-7

Keywords

Abstract

Details

The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Book part
Publication date: 3 January 2015

Adam B. Shniderman and Charles A. Smith

The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has…

Abstract

The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has developed along with the institution. Affirmative defenses in the mitigation of punishment or avoidance of responsibility are becoming increasingly important in international criminal procedure. We contend that diminished culpability based on advances in neuroscience provides the most challenging set of choices for the international legal community. Of the variety of affirmative defenses, emerging neuroscience-based defense provide the most challenging set of choices for the international legal community. The Esad Landzo case at the ICTY brings these challenges into focus. We discuss the difficult choices the International Criminal Court will have to make to balance the rights and needs of the victims and the due process rights of the accused.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

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