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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

Martine Herzog-Evans

Following the ‘Sarkozy’ era (2007–2012), France has engaged in ‘zero-tolerance’ policies, which have brought an increasing number of people into the criminal justice system (CJS)…

Abstract

Following the ‘Sarkozy’ era (2007–2012), France has engaged in ‘zero-tolerance’ policies, which have brought an increasing number of people into the criminal justice system (CJS). In an already extremely impoverished CJS, these policies have led to serious financial problems and have made an already existing prison overcrowding problem worse. Consequently, the CJS has gradually opted for a McDonald (Ritzer, 2019; Robinson, 2019) type of offender processing, whether in prosecutor-led procedures (representing roughly half of all penal procedures: Ministry of Justice, 2019) or in the sentencing phase (Danet, 2013). A similar trend has been found in probation and in prisoner release (in French: ‘sentences’ management).

The prison and probation services, which merged in 1999, have since then been in a position to benefit from the 1958 French Republic Constitution, which places the executive in a dominant position and notably allows it to draft the bills presented to a rather passive legislative power (Rousseau, 2007) and even to enjoy its own set of normative powers (‘autonomous decrees’ – Hamon & Troper, 2019). By way of law reforming (2009, 2014, and 2019 laws), the prison and probation services have thus embraced the McDonaldisation ethos. Their main obsession has been to early release as many prisoners as possible in order to free space and to accommodate more sentenced people. To do so, the prison services have created a series of so-called ‘simplified’ early release procedures, where prisoners are neither prepared for nor supported through release, where they are deprived of agency and where due process and attorney advice are removed. Behind a pretend rehabilitative discourse, the executive is only interested in efficiently flushing people out of prison; not about re-entry efficacy. As Ritzer (2019) points out, McDonaldisation often leads to counter-productive or absurd consequences. In the case of early release, the stubborn reality is that one cannot bypass actually doing the rehabilitative and re-entry work. I shall additionally argue that not everything truly qualifies as an early release measure (Ostermann, 2013). Only measures which respect prisoners’ agency prepare them for their release, which support them once they are in the community, which address their socio-psychological and criminogenic needs, and which are pronounced in the context of due process and defence rights truly qualify as such. As it is, French ‘simplified’ release procedures amount to McRe-entry and mass nothingness.

Details

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

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…

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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 August 2022

Andersen Niels Åkerstrøm and Justine Grønbæk Pors

This article explores how the Danish public sector, over time, has followed different temporal strategies in order to extend the present and handle the system's increasing…

Abstract

Purpose

This article explores how the Danish public sector, over time, has followed different temporal strategies in order to extend the present and handle the system's increasing complexity, thereby counteracting a tendency towards entropy. It proposes that historical changes in the public sector's understandings of the concepts of “time” and “change” can be seen as the answer to the sector's enduring problem of ever-increasing complexity.

Design/methodology/approach

The authors conduct second-order observations of how the Danish public sector, in the period from 1900 until 2020, observes “time” and “change”. More specifically, they first observe how issues over time are temporalized in different forms, before employing the guiding distinction, operation/temporalization, to analyse the differences between temporalities.

Findings

The authors show that, today, the Danish public sector deals with the problems of complexity and entropy through, what is called, potentialization. Potentialization entails operations that aim to increase potentialities, rather than realize possibilities within a given potentiality. It works by extending the present, drawing on a particular temporality which is split into a present present and a future future.

Practical implications

The paper offers managers insights into the implications of their own observations of time and change, including how they might draw on different temporal semantics, through which managerial situations emerge differently. The paper also reveals that issues of transformation are not always about transformation, rather they concern the question of how to handle an increasing internal complexity.

Social implications

The article shows that potentialization and its temporal semantic of “transformation” also comes with a price – namely that it dissolves the certainties of structures, which results in conflicting expectations.

Originality/value

The paper draws on systems theory, including its notions of time and entropy, to analyse the evolution of public administration and management. It thereby produces a diagnosis of the present which offers insights into contemporary conditions for public management.

Article
Publication date: 11 July 2022

Harrison Kwame Golo

This paper aims to identify human rights violations of patients during the early periods of the COVID-19 pandemic in Ghana by investigating the experiences of people on how…

Abstract

Purpose

This paper aims to identify human rights violations of patients during the early periods of the COVID-19 pandemic in Ghana by investigating the experiences of people on how health-care professionals discharged their responsibilities during the time in question.

Design/methodology/approach

Explanatory design of the mixed methods approach was adopted, with the intention of collecting both quantitative and qualitative data sequentially, and then integrating the results at the interpretation stage. The approach enriched the quality of data collected as it offered the advantage of shedding light on the primary motivations and reasons for attitudes and behaviours and helped to provide an in-depth understanding of how individuals interpret the happenings around them and their experiences. Thus, although some amount of quantitative method was used in the data collection, the core of this paper is based on the qualitative interpretations.

Findings

The study reveals that health-care professionals, especially those in the Tema Metropolis, undermined certain fundamental human rights of patients during the early period of the COVID-19 pandemic. This includes failure to provide information to patients about treatment options and potential risks of medications; failure to seek the informed consent of patients before performing medical procedures; denial of access to medical files of patients for transfer; and inability or failure to provide medical ambulances services to patients on time.

Originality/value

Although many publications on human rights dimensions and health protective issues on COVID-19 pandemic are available on a global scale, still little information pertaining to experiences of individuals with health-care professionals during the early days of the COVID-19 pandemic, especially in Ghana through the lens of patient’s rights exists. This paper, therefore, fills an important gap in health-care management information, critical for policy decision-making processes regarding patient’s rights in times of pandemic control.

Details

International Journal of Human Rights in Healthcare, vol. 16 no. 5
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 6 December 2023

Hamdy Abdullah, Fahru Azwa Md Zain, Sheikh Ahmad Faiz Sheikh Ahmad Tajuddin, Nik Hazimi Mohammed Foziah and Muhammad Shahrul Ifwat Ishak

Many scholars have primarily disregarded employee motivation in the context of Western and Islamic ideas. To better understand employee motivation, this paper aims to explore a…

Abstract

Purpose

Many scholars have primarily disregarded employee motivation in the context of Western and Islamic ideas. To better understand employee motivation, this paper aims to explore a novel approach of fusing McClelland’s needs theory (i.e. achievement, power and affiliation) with Maqasid Shariah.

Design/methodology/approach

This study adopts a theoretical research design. There will be a thorough literature study of McClelland’s theory, Maqasid Shariah, and employee motivation. Qualitative content analysis is used to examine and compile pertinent ideas. To give a thorough framework for comprehending employee motivation from both Western and Islamic ethical viewpoints, McClelland’s theory and Maqasid Shariah are integrated.

Findings

This paper has conceptualized the integration of Maqasid Shariah’s five requirements with McClelland’s need theory. It is suggested that Maqasid Shariah and McClelland’s need theory be combined to understand employee motivation. For employees, the integration of McClelland’s need theory and Maqasid Shariah entails developing a work environment that attends to their many needs, is consistent with Islamic principles, encourages justice and equity, supports both professional and personal development and promotes social responsibility. By combining McClelland’s need theory and Maqasid Shariah, 15 propositions are developed to explain employee motivation. The study offers a measurement index to explain employee motivation based on the two theories.

Research limitations/implications

The integration of McClelland’s theory of need and Maqasid Shariah offers expected positive implications. By considering the cultural and religious context in Islamic societies, researchers can adopt a more sensitive approach to studying motivation. This blend provides a holistic understanding of motivation, incorporating individual needs and broader ethical dimensions. Studies may explore the impact on prosocial behavior, organizational values, leadership practices and employee well-being. Understanding the alignment between personal motives and ethical principles can benefit organizations in diverse workplaces, emphasizing long-term sustainability and fostering employee engagement and commitment.

Practical implications

The integration of McClelland’s theory and Maqasid Shariah shows the potential implications to increase employee motivation. This study contributes significantly to Maqasid Shariah theory in business research by guiding ethical decision-making aligned with Islamic values, fostering inclusive workplaces and offering strategies for boosting employee morale. It emphasizes ethical practices, legal compliance and community engagement, while also encouraging sustainable business models that consider societal well-being and the environment.

Originality/value

This paper provides its unique value by being among the first to integrate McClelland’s theory and Maqasid Shariah and providing an innovative approach in developing a new measurement index in the context of employee motivation.

Details

Journal of Islamic Accounting and Business Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-0817

Keywords

Article
Publication date: 5 March 2024

Re'Nyqua Farrington

Given the historical legacy of policing Black bodies, this research focuses on the structures of anti-Blackness within school policing and the strategies students of Color…

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Abstract

Purpose

Given the historical legacy of policing Black bodies, this research focuses on the structures of anti-Blackness within school policing and the strategies students of Color activists use as they work to defund or abolish police departments in the Los Angeles Unified School District (LAUSD).

Design/methodology/approach

Specifically, this article looks to Twitter as a counter-storytelling space for students of Color activists to organize and build movements to end anti-Black school policing. Through the frameworks of critical race theory (CRT) and Black critical theory (BlackCrit), this research applies inductive coding to analyze 42 Twitter posts from three students of Color-led organizations based in Los Angeles.

Findings

This document analysis presents four themes, which describe four dominant strategies students of Color activists use in their campaigns to defund or abolish school police in the LAUSD: (1) centering Blackness and Black student experiences, (2) making demands for the elimination of funding and support for school police, (3) calling for a shift in funding to support Black students and (4) employing multiple tactics concurrently.

Research limitations/implications

These findings demonstrate the importance of developing and centering a critical understanding of anti-Blackness to achieve racial and educational justice within social movements.

Originality/value

Moreover, the demands of students of Color activists reflect visions of public schools free from anti-Black school policing.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 43 no. 3
Type: Research Article
ISSN: 2040-7149

Keywords

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