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1 – 10 of 56Over 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.
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The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.
Abstract
Purpose
The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.
Design/methodology/approach
The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.
Findings
The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.
Originality/value
The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.
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This paper aims to explore the intricate relationship between social capital, faith and prison-leaver resettlement, emphasising how penal voluntary sector organisations (PVSOs…
Abstract
Purpose
This paper aims to explore the intricate relationship between social capital, faith and prison-leaver resettlement, emphasising how penal voluntary sector organisations (PVSOs) aid prison-leavers in their resettlement and desistance journeys, following incarceration.
Design/methodology/approach
Employing a combination of narrative and thematic analysis, data was collected from 20 prison-leavers in England through semi-structured interviews. Purposive and snowball sampling was used to recruit participants from various community-based resettlement settings.
Findings
Thematic analysis revealed the emergence of faith in various iterations in facilitating desistance, Transforming Rehabilitation failure, identity transformation of the prison-leaver, the role of social capital in effective resettlement and the importance of PVSOs. In particular, the findings demonstrate the vital role of a “Faith Anchor”, defined in this paper as a trust-based relationship with an individual or spiritual entity, in facilitating desistance. This paper argues the need to recognise and fully integrate social capital building, faith and specialised support from PVSOs, as essential components of successful offender resettlement and desistance journeys.
Research limitations/implications
The study considers the connection between faith, social capital and offender resettlement. Although demonstrating the role of faith in positive change and community engagement, there are limitations. Primarily, by exclusively recruiting participants through PVSOs, it might overlook varied resettlement experiences. Additionally, measuring desistance is complex and is limited by some academic views that it centres around abstinence. Although small-scale saturation was reached; generalisation should be approached with caution. Notably, post-Transforming Rehabilitation, the human cost of resettlement gaps became evident. Future research could benefit from a longitudinal lens, tracing desistance beyond initial PVSO interactions and offering richer, longitudinal insights.
Practical implications
Significance of “faith anchors”: A “faith anchor” aids the desistance process. Integrating faith in resettlement offers emotional support for prison leavers. Value of social capital: It is pivotal for offender resettlement. Positive social networks are key for successful reintegration. Role of PVSOs: They provide vital resettlement support. Enhanced collaboration can optimise assistance for prison leavers. Addressing current system shortcomings: Rectifying the effects of Transforming Rehabilitation ensures holistic support, catering to prison leavers’ needs. Concept of “faith exchange”: Merging faith and support offers tailored resettlement approaches, fostering effective reintegration.
Social implications
The study underscores the social implications of effective offender resettlement strategies. The integration of “faith anchors” and social capital aids in the personal rehabilitation of prison leavers and also supports community cohesion. By acknowledging faith as indictive to building trust-based relationships, communities can reduce the stigma associated with former offenders, promoting inclusivity and understanding. Additionally, the essential role of PVSOs highlights the value of community-driven initiatives in supporting reintegration. A combined approach that combines faith, social capital and community support can reshape societal perspectives on desistance, encouraging a more inclusive and empathetic approach to offender reintegration.
Originality/value
The insights gained contribute to the evolving discourse on prison-leaver resettlement and desistance and uniquely highlight the potential of a combined approach between social capital, faith and voluntary sector support, in achieving desistance goals. The term “faith exchange” emerges from this study as an original conceptual contribution, accentuating the relationship between faith and support in resettlement and desistance.
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Karim Traoré, Kadari Cissé, Eric Arnaud Diendéré, Boukari Damiba, Ginette Laure Dao, Abdoul Kader Dao and Ahmed Kaboré
Drug use in prisons remains a public health concern because it is often the place of drug initiation. The purpose of this study was to analyze the drug use in prison in Burkina…
Abstract
Purpose
Drug use in prisons remains a public health concern because it is often the place of drug initiation. The purpose of this study was to analyze the drug use in prison in Burkina Faso.
Design/methodology/approach
We conducted cross-sectional study in the prison of Ouagadougou. The adult prisoners (male and female) incarcerated for more than one month at the largest prison of Burkina Faso were included in the study. Participants were selected using a systematic random sampling. Data were collected from October 28 to November 26, 2018. The face-to-face interviews were conducted in the prison grounds. Logistic multivariate regression was used to identify factors associated with in prison drug use. All analysis was done using Stata.
Findings
A total of 379 prisoners were included in this study. Approximately one-third inmates (32.71%; n = 124) experienced illicit drug in lifetime. Nearly one-third (28.76%; n = 109) of the prisoners were drug users before incarceration and 11.87% (n = 45) used drug inside the prison, of which 33.33% (n = 15) initiated drug use in the prison. Cannabis was the first drug used by the prisoners (71.11%) followed by tramadol (62.22%), diazepam (13.33%) and cocaine (2.22%). Four prisoners (3.63%) had reported Heroin use before incarceration. Cannabis was mainly smoked. Tramadol, diazepam and amphetamines were swallowed or mixed with food. Cocaine is smoked and snorted. Case of injection of cocaine and heroin was reported before incarceration. Main factors independently associated with drug use in prison is drug use before prison and young age of inmates. Indeed, inmates who had reported drug use before prison had 4.01 time {adjusted odd ratio (AOR: 4.01 [95% CI: 1.91–8.41])} higher odds to use drug in prison.
Research limitations/implications
To conduct the interviews in the prison grounds could be a limitation due to social desirability bias. Indeed, the prisoners may understate drug use in prison for the fear of likely additional sentence. Availability of biological tests for drug markers might help addressed this bias. Nevertheless, the findings of this study should help to plan effective drug use prevention and care programs for prisoners.
Practical implications
The actions must include the implementation of a medical and psychological care in continuum of healthcare system in Burkina Faso. This system should include screening at entry and adequate health and psychological care in prison for drug users for an effective control of drugs use in prison.
Social implications
Most of these drug users in prison have a low level of education and are unemployed. Education activities and training on occupational activities to prepare drug users for a successful social reintegration less dependent on drugs is essential. This study can be a basis to explore more possibilities and find out what is available to help those with substance use disorder, manage these cases in prison and prevent relapse on release.
Originality/value
To the best of the authors’ knowledge, this study is the first study on drug use in prison in Burkina Faso. It indicates that the repressive strategy against drug use seems ineffective because former users continue their consumption inside and also new users are initiated to use drugs in prison.
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The trial illustrated criminal infiltration across the political spectrum, with new claims emerging of bribes allegedly taken by Mauricio Villeda, the 2013 presidential candidate…
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DOI: 10.1108/OXAN-DB286119
ISSN: 2633-304X
Keywords
Geographic
Topical
Foteini Spantidaki Kyriazi, Stefan Bogaerts, Jaap J.A. Denissen, Shuai Yuan, Michael Dufner and Carlo Garofalo
To replicate and extend research on psychopathy and intrinsic interpersonal preferences under the broader umbrella of affiliation, intimacy and antagonism, this paper aims to…
Abstract
Purpose
To replicate and extend research on psychopathy and intrinsic interpersonal preferences under the broader umbrella of affiliation, intimacy and antagonism, this paper aims to examine motivational correlates of psychopathy in a nonclinical sample (N = 125).
Design/methodology/approach
We used a multimethod design, including self-reports, a behavioral task and a physiological assessment of motive dispositions (automatic affective reactions to stimuli of interpersonal transactions measured with facial electromyography).
Findings
Results showed that self-reported psychopathy was negatively associated with self-reported intimacy motive. In the same vein, via the social discounting task, this paper found a negative association between psychopathy and a tendency to share hypothetical monetary amounts with very close others. Finally, regarding fEMG findings, multilevel analyses revealed that although individuals with low levels of psychopathy reacted more positively to affiliative stimuli, individuals with high levels of psychopathy reacted equally positively to both affiliative and antagonistic stimuli, and these results were robust across psychopathy measures. Results remained mostly unchanged on the subscale level.
Originality/value
These findings highlight the contribution of multimethod assessments in capturing nuances of motivation. Implicit physiological measures might be particularly sensitive in capturing motive dispositions in relation to psychopathy. Identifying mechanisms that foster positive connections between psychopathic traits and nonprosocial tendencies may be theoretically and clinically informative, with implications for forensic and penal practices.
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The EU has warned Slovakia that it could face fines or blocked EU funds over concerns that the government’s judicial reforms, particularly those protecting politicians from…
Details
DOI: 10.1108/OXAN-DB285521
ISSN: 2633-304X
Keywords
Geographic
Topical
Monika Lewandowicz-Machnikowska, Tomasz Grzyb, Dariusz Dolinski and Wojciech Kulesza
The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on…
Abstract
Purpose
The purpose of the paper is to investigate how judges and the general population formulate judgments on legal cases, considering both legal and extralegal factors, with a focus on the significance of the defendant’s sex.
Design/methodology/approach
The first experiment aimed to determine if non-lawyers’ judgments are affected by the defendant’s sex, using brief excerpts from indictments with the defendant’s sex interchanged. Study 2 aimed to verify if this effect applies to future lawyers, suggesting a peculiar approval granted by men to women displaying illegal sexual behaviour towards young men.
Findings
The findings showed that the sex of the offender only influenced judgments in sexual offences, with male participants being more lenient towards female offenders.
Originality/value
The originality/value of the paper lies in its examination of the influence of the defendant’s sex on judgments made by both judges and the general population, specifically focussing on non-lawyers’ judgments. While previous studies have shown that judges tend to be more lenient towards women in certain cases, this paper adds novelty by investigating whether a similar effect is observed among non-lawyers. Moreover, the research sheds light on the relevance of the defendant's sex in cases of sexual offences and identifies a gender-specific leniency towards female offenders, particularly among male participants. The study also explores how this effect might extend to future lawyers, providing insights into societal attitudes regarding illegal sexual behaviour involving women and young men. Overall, the paper contributes valuable information to the understanding of how sex-based biases can influence legal judgments and decision-making processes.
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This study aims to investigate Bangladesh’s e-commerce regulations in light of the growing criticism that they are insufficient to curb predicate crimes like fraud and money…
Abstract
Purpose
This study aims to investigate Bangladesh’s e-commerce regulations in light of the growing criticism that they are insufficient to curb predicate crimes like fraud and money laundering in the online marketplace.
Design/methodology/approach
This study used the exploratory design to examine the latest ministerial directives and laws governing e-commerce in Bangladesh to determine why they cannot prevent fraudulent activities in this promising sector and identify potential solutions.
Findings
Bangladesh’s regulatory responses to e-commerce fraud prevention and detection are reactive and inadequate. Regulators are unwilling and unable to enforce available legal provisions for various reasons, including a lack of knowledge and coordination among the agencies.
Research limitations/implications
This paper focuses solely on the legal and regulatory framework in place to combat e-commerce fraud. Other critical issues, such as consumer rights, privacy and data protection in e-commerce, are not addressed.
Practical implications
The findings of this study will assist policymakers in revising current regulatory approaches to e-commerce to protect this sector from criminal abuse.
Originality/value
This study looked into the possibility of using a proactive risk-based approach in the e-commerce sector, similar to what the Bangladesh Financial Intelligence Unit does in the financial sector.
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Caterina Peroni and Pietro Demurtas
The purpose of this article is to provide a critical account of the hate crime (HC) paradigm by exploring its historical legal definition and the limitations in addressing the…
Abstract
Purpose
The purpose of this article is to provide a critical account of the hate crime (HC) paradigm by exploring its historical legal definition and the limitations in addressing the multiple and structural discriminations faced by minority groups. Specifically, the article focuses on the case of Italy, where in recent years a fierce debate over a proposed law on HC against LGBT+ and disabled people ended in its rejection due to neoconservative and Catholic opposition.
Design/methodology/approach
Drawing on critical socio-criminological literature on HC, the paper analyses the Italian debates and socio-legal context over the past two decades regarding discrimination against LGBT+ groups and its (lack of) criminalization. It also provides a secondary analysis of recent data on violence and discrimination against LGBT+ people, collected by the Fundamental Rights Agency (FRA).
Findings
The analysis of the debate and the data collected shows that the criminal definition of HC is insufficient to capture the wider range of social and cultural violence and discrimination against LGBT+ people. Indeed, data analysis shows the effect of the low level of recognition of rights on the propensity of people to denounce and of social practitioners to recognize, discrimination and violence against LGBT+ people. It is therefore argued that the discussion on HC should move beyond the criminalization of individual violence to be entrenched in a broader reflection over the lack of recognition of sexual citizenship rights which perpetuates the vulnerability of LGBT+ people.
Originality/value
This paper contributes to the international socio-criminological debate on HC. It argues for a comprehensive framework that recognizes the structural nature of discrimination and violence against vulnerable groups by framing discrimination and violence against LGBT+ people as a citizenship right rather than a criminal justice issue.
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