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1 – 10 of 483
Article
Publication date: 26 February 2024

Doris Ochterbeck, Colleen M. Berryessa and Sarah Forberger

Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions…

Abstract

Purpose

Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions with and decision-making surrounding individuals with addiction. This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives: the potential “next generation” of legal professionals in the USA (criminal justice undergraduates) and legal professionals from another system (Germany). This paper aims to assess their views on the brain disease model of addiction, dominance and relevance of this model, the responsibility of affected persons and preferred sources of information.

Design/methodology/approach

Views of 74 US criminal justice undergraduate students and 74 German legal professionals were assessed using Likert scales and open-ended questions in an online survey.

Findings

Neuroscientific research findings on addictions and views that addiction is a brain disease were rated as significantly more relevant by American students to their potential future work than by German legal professionals. However, a majority of both samples agreed that addiction is a brain disease and that those affected are responsible for their condition and actions. Sources of information most frequently used by both groups were publications in legal academic journals.

Practical implications

In the USA, information for legal professionals needs to be expanded and integrated into the education of its “next generation,” while in Germany it needs to be developed and promoted. Legal academic journals appear to play a primary role in the transfer of research on addiction into legal practice.

Originality/value

This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives.

Details

Journal of Criminal Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 19 January 2024

Sean Patrick Roche, Angela M. Jones, Ashley N. Hewitt and Adam Vaughan

The police often respond to persons who are not in direct violation of the law, but are rather undergoing behavioral crises due to mental illness or substance abuse disorders. The…

Abstract

Purpose

The police often respond to persons who are not in direct violation of the law, but are rather undergoing behavioral crises due to mental illness or substance abuse disorders. The purpose of this study is to examine how police behavior influences civilian bystanders' emotional responses and perceptions of procedural justice (PPJ) when officers interact with these populations, which traditionally have been stigmatized in American culture.

Design/methodology/approach

Using a factorial vignette approach, the authors investigate whether perceived public stigma moderates the relationship between police behaviors (i.e. CIT tactics, use of force) and PPJ. The authors also investigate whether emotional reactions mediate the relationship between police behaviors and PPJ.

Findings

Regardless of suspect population (mental illness, substance use), use of force decreased participants' PPJ, and use of CIT tactics increased PPJ. These effects were consistently mediated by anger, but not by fear. Interactive effects of police behavior and perceived public stigma on PPJ were mixed.

Originality/value

Fear and anger may operate differently as antecedents to PPJ. Officers should note using force on persons in behavioral crisis, even if legally justifiable, seems to decrease PPJ. They should weigh this cost pragmatically, alongside other circumstances, when making discretionary decisions about physically engaging with a person in crisis.

Details

Policing: An International Journal, vol. 47 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

Open Access
Article
Publication date: 24 May 2023

Johan Nordgren and Fredrik Tiberg

Drug sales facilitated through digital communication on the surface web and on darknet cryptomarkets have increased during the past two decades. This has resulted in an increase…

Abstract

Purpose

Drug sales facilitated through digital communication on the surface web and on darknet cryptomarkets have increased during the past two decades. This has resulted in an increase in drug law enforcement efforts to combat these markets and a subsequent increase in judicial sentencing of people selling drugs online. The aim of this study was to analyze how Swedish courts describe sentenced sellers and how the courts apply case law.

Design/methodology/approach

The empirical material consists of 71 sentencing documents produced by Swedish courts in cases of online drug selling between January 1, 2010 and January 1, 2020. In total, 99 sentenced persons occur in the documents. Using a qualitative research design, the authors analyzed the material through thematic text analysis.

Findings

Overall, in their descriptions of online drug sale operations, the courts’ characterizations of the concepts of street capital and digital capital show a dichotomy. These forms of capital are situationally described as both aggravating and mitigating aspects in the application of case law, indicating that it may be fruitful to view both street and digital capital as resources used on contemporary drug markets in general.

Originality/value

Very little research exists into how judicial systems describe and perceive the developing phenomenon of online drug sales. Using a relatively large sample from a decade of sentencing, the authors provide an analysis of how Swedish courts view and valuate capital forms in the online drugs trade.

Details

Drugs, Habits and Social Policy, vol. 24 no. 3
Type: Research Article
ISSN: 2752-6739

Keywords

Abstract

Details

Rethinking Community Sanctions
Type: Book
ISBN: 978-1-80117-641-5

Executive summary
Publication date: 24 April 2023

UNITED STATES: Supreme Court prevents drug ban

Details

DOI: 10.1108/OXAN-ES278593

ISSN: 2633-304X

Keywords

Geographic
Topical
Article
Publication date: 31 March 2023

Brianna Chesser, Ken Smith, Alyssa Sigamoney and Casey Becker

This paper aims to examine the ways in which the criminal justice system has evolved to accommodate mental illness. Mental health courts are one such alternative; these courts…

Abstract

Purpose

This paper aims to examine the ways in which the criminal justice system has evolved to accommodate mental illness. Mental health courts are one such alternative; these courts actively seek rehabilitative and therapeutic outcomes for participants. However, current literature suggests that these courts are ineffective for offenders who have been diagnosed with borderline personality disorder (BPD).

Design/methodology/approach

The aim of the current inquiry was to determine the degree to which participation in the Assessment and Referral Court (ARC) List in the Magistrates’ Court of Victoria reduced re-offending rates for offenders diagnosed with BPD by providing a comparative analysis of pre and post ARC List offending.

Findings

The results of a two-year recidivism study suggest that successful completion of the ARC List reduces recidivism for 50% of offenders diagnosed with BPD.

Originality/value

To the authoring team’s knowledge, this is the second paper to explore the efficacy of the Assessment of Referral Court List (Magistrates’ Court of Victoria) in reducing recidivist behaviours for programme participants; however, it is the first paper to look specifically at the recidivist behaviours of participants of the Assessment of Referral Court List (Magistrates’ Court of Victoria) who have been diagnosed with BPD.

Details

Journal of Criminal Psychology, vol. 13 no. 4
Type: Research Article
ISSN: 2009-3829

Keywords

Book part
Publication date: 14 December 2023

John Todd-Kvam

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an…

Abstract

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an overview of the penal field in Norway and how community sanctions and measures have evolved within it. The author uses the work of Wacquant and Bourdieu to argue that there are three important levels within the Norwegian penal field: political, policy and practice. The author also discusses how drivers from the political and policy levels are affecting community-based penal practice. Using McNeill’s dimensions of mass supervision, the author discusses the implications of these changes for three less-explored aspects of punishment in Norway: the serving of short sentences at home on electronic monitoring, supervision of people under 18 and ‘punishment debt’ enforcement.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

Keywords

Expert briefing
Publication date: 21 July 2023

Although public confidence in the Court is falling, there is little chance that Congress will impose any structural changes, or even a code of conduct. Further conservative…

Details

DOI: 10.1108/OXAN-DB280681

ISSN: 2633-304X

Keywords

Geographic
Topical
Open Access
Article
Publication date: 27 September 2023

Roshni Das

In 2017, the opioid epidemic was declared a public health emergency in the United States. The federal and state governments are still struggling to contain the crisis through…

Abstract

Purpose

In 2017, the opioid epidemic was declared a public health emergency in the United States. The federal and state governments are still struggling to contain the crisis through various legislations and to stem the tide of overdoses and deaths. This paper looks specifically at the issue of high prescriptions of opioids disbursed to patients by physicians.

Design/methodology/approach

This paper evaluates this evolving policy issue through a critical review and synthesis of academic literature, government policy documents (at states and national levels) and articles in the popular press.

Findings

Over-prescription is a legal problem because it inevitably leads to diversion of these substances for non-medical usage. The Prescription Drug Monitoring Program (PDMP) laws have been passed by all 50 states and the main policy responses are covered. However, there are hindrances to their effectiveness, which have to be addressed. Two state level policy alternatives are discussed as potential solutions — PDMP mandates and Pain Management Clinic Laws (PMCLs). After a comparative evaluation, it is recommended that all states should pass the mandatory PDMP review and usage laws urgently.

Originality/value

This is the first detailed policy evaluation on the specific and time-sensitive aspect of physician over-prescribing, within the larger opioid abuse problem. Moreover, critique on the public health leadership issue is raised.

Details

Public Administration and Policy, vol. 26 no. 3
Type: Research Article
ISSN: 1727-2645

Keywords

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