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1 – 10 of over 1000
Article
Publication date: 23 February 2024

Patrizio Monfardini, Silvia Macchia and Davide Eltrudis

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of…

Abstract

Purpose

Knowledge-intensive public organizations (KIPOs henceforth) rely heavily on knowledge as the primary resource to provide public services. This study deals with a specific kind of KIPO in the judiciary system: the courts. The paper aims to explore the court’s managerial and organisational change resulting from the national recovery and resilience plan (NRRP) reform in response to Covid-19, focussing on how this neglected KIPO responds to change, either by showing acts of resistance or undergoing a hybridisation process.

Design/methodology/approach

The paper adopts a qualitative research design, developing an explorative case study to investigate the process of a court’s managerial and organisational change caused by NRRP reform and to shed light on how this neglected KIPO reacts to change, showing resistance acts and developing the hybridisation process. Thirty-one interviews in six months have been conducted with the three main actors in Courts: judges, clerks and trial clerks.

Findings

The paper shows that in this understudied KIPO, judges fiercely resist the managerial logic that decades of reforms have been trying to impose. The recent introduction of an office for speeding up trials (Ufficio Per il Processo (UPP)) was initially opposed. Then, the resistance strategy changed, and judges started to benefit from UPP delegating repetitive and low-value tasks while retaining their core activities. Clerks approached the reform with a more positive attitude, seeing in UPP the mechanism to bridge the distance between them and the judges.

Originality/value

Considering their relevance to society, courts must be more addressed in KIPOs' studies. This paper allows the reader to enter such KIPO and understand its peculiar features. Secondly, the article helps to understand micropractices of resistance that may hinder the effectiveness of managerial reforms.

Details

Journal of Public Budgeting, Accounting & Financial Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1096-3367

Keywords

Article
Publication date: 24 April 2024

Lee Curley and Till Neuhaus

The Scottish Government hope to pilot judge only rape trials to increase the woefully low rape conviction rates in Scotland. The reasoning is that by removing jurors, the court…

Abstract

Purpose

The Scottish Government hope to pilot judge only rape trials to increase the woefully low rape conviction rates in Scotland. The reasoning is that by removing jurors, the court will be attenuating the role that rape myths and other cognitive and social biases have on conviction rates. However, a plethora of research from cognitive and social psychology, legal literature and decision-making science has shown that experts, including judges and other legal professionals, may be no less biased than laypeople. This paper aims to outline the research highlighting that experts may also be biased, why biases in judges can be elicited, and potential alternative recommendations (i.e. deselecting jurors who score highly on rape myths and providing training/education for jurors). Furthermore, piloting with real judges, in real trials, may not be best practice. Therefore, the authors recommend that any piloting is preceded by experimental research.

Design/methodology/approach

N/A

Findings

Furthermore, piloting with real judges, in real trials, may not be best practice; therefore, the authors recommend that any piloting is preceded by experimental research.

Originality/value

To the best of the authors’ knowledge, this research is the first of its kind to directly compared the decision-making of jurors and judges within the current Scottish legal context.

Details

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

Keywords

Article
Publication date: 19 October 2023

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.

Details

Journal of Criminal Psychology, vol. 14 no. 2
Type: Research Article
ISSN: 2009-3829

Keywords

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: 21 December 2023

Danuta Rode, Joanna Kabzińska, Magdalena Rode, Ewa Habzda-Siwek and Daniel Boduszek

The role of evidence-based psychological knowledge in cases of juvenile offending is essential to make appropriate decisions relating to youth who violate legal or social norms…

Abstract

Purpose

The role of evidence-based psychological knowledge in cases of juvenile offending is essential to make appropriate decisions relating to youth who violate legal or social norms, as it carries implications for treatment, intervention and practice. Psychological expert opinions therefore need to meet high formal and methodological requirements while maintaining ethical standards. The purpose of this study is to investigate psychological expert opinions in cases of juvenile misbehavior reported to regional courts in Poland. Juvenile court proceedings concern cases of demoralization and/or delinquent offenses. Demoralization is a legal concept described in the Act of June 9, 2022 on juvenile support and resocialization. This concept was not defined; it was only described through examples of behaviors indicating demoralization. These include the following: violations of the principles of community life; evading compulsory education or schooling; use of alcohol, narcotic drugs, psychotropic substances, their precursors, substitutes or new psychoactive substances; and prostitution.

Design/methodology/approach

To reach these goals, court records of juvenile cases in six district courts (N = 253) were gathered and analyzed. A semistructured questionnaire was used to examine the cases in which psychologists were appointed and to analyze the procedures used by these experts for assessing adolescents and their families.

Findings

Findings revealed that family judges appoint psychologists both in cases of “demoralization” (i.e. status offenses) and in cases of juvenile delinquency. The opinions were delivered by psychologists who were mostly members of diagnostic teams. Results indicate that such opinions generally comply with the minimal standards recommended by the Ministry of Justice, yet a few problems were observed with the determination of levels of demoralization.

Originality/value

The limitations of diagnostic tools used by psychologists are discussed, and recommendations for future practice are provided.

Details

Journal of Criminal Psychology, vol. 14 no. 2
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 3 April 2024

Monica Giancotti, Giorgia Rotundo and Marianna Mauro

European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this…

Abstract

Purpose

European justice systems are facing a dramatic performance crisis due to the frequent inability to resolve cases without incurring unreasonable delays and backlogs. In this framework, the Italian Judicial system places itself well below the European countries average, in terms of speed of resolution of administrative, civil and criminal trials. The purpose of the paper was to (1) identify factors affecting Italian judicial system efficiency and (2) identify potential actions to manage them, improving judicial system efficiency.

Design/methodology/approach

In order to achieve the aims of this paper, a systematic review to map all critical factors discussed in previous studies was performed. Studies were extracted from Google Scholar, Web of Science and SSRN databases. In total, 22 studies were included.

Findings

The identified factors of inefficiency of the Italian judicial system have been divided into three macro-classes depending on whether they concern human resource management, the judicial process or whether they pertain to internal or external outside the judicial organization. For each of these, possible strategies have been developed in a new conceptual framework.

Originality/value

The framework seeks to assist policymakers in forming policy measures that can significantly increase court effectiveness. This is the first attempt to review and map all factors affecting judicial system efficiency systematically, providing a new conceptual framework to manage them.

Details

International Journal of Productivity and Performance Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1741-0401

Keywords

Article
Publication date: 13 February 2024

Marios Koukounaras-Liagkis, Evdokia Karavas and Manolis Papaioannou

This paper presents the results of empirical research on the effects of teaching practice on student teachers’ teaching competence and psycho-emotional development using the “most…

Abstract

Purpose

This paper presents the results of empirical research on the effects of teaching practice on student teachers’ teaching competence and psycho-emotional development using the “most significant change” narrative investigative technique.

Design/methodology/approach

Following a qualitative research approach, the study was conducted during the academic year 2021–2022 in two phases (January and May) with the participation of 73 student teachers of the Department of Theology at the National and Kapodistrian University of Athens (NKUA) during their mentored teaching practice. Student teachers’ narratives were collected and analysed using the most significant change technique (Davies and Dart, 2005). Content analysis was conducted with the contribution of seven independent judges.

Findings

The results indicate that the Teaching Practice course with the guidance of mentors has a direct and positive effect on student teachers’ teaching competence. Mentors also seem to have a positive effect on student teachers’ psycho-emotional development. The research also confirms the reliability of the most significant change narrative technique for investigating the effect of related educational interventions.

Originality/value

The study empirically validates the usefulness and potential of the investigative narrative most significant change technique for evaluating the effects of teaching practice on student teachers’ professional development with the guidance of experienced mentor teachers. The results of the study also have implications for the design and evaluation of teacher practice programmes.

Details

International Journal of Mentoring and Coaching in Education, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2046-6854

Keywords

Article
Publication date: 25 March 2024

Moses Agaawena Amagnya

The media is described as a fourth estate of the realm due to its ability to frame and shape discussions on governance and provide a stimulus for fighting corruption. But is the…

Abstract

Purpose

The media is described as a fourth estate of the realm due to its ability to frame and shape discussions on governance and provide a stimulus for fighting corruption. But is the media really an effective tool for fighting corruption? This question arises due to the possibility of the media being used for propaganda, biased reporting and media owners’ and journalists’ engagement in corruption. The current study addresses the question by exploring the relationship between the media and corruption from the perspectives of Ghanaian justice and anti-corruption officials.

Design/methodology/approach

The study adopts a qualitative approach by interviewing justice and anti-corruption officials across three administrative regions in Ghana.

Findings

The results show that while justice officials describe the media as a medium for accusing officials unjustifiably and exaggerating the scale of corruption, anti-corruption officials believe the media helps to fight corruption. In addition to uncovering and exposing public officials’ corruption, the media is also a double-edged sword characterised by intra-vigilance: the media hold “their own” (i.e. journalists fighting corruption) accountable through criticism and exposure of wrongdoings.

Practical implications

The double-edged nature of the media can strengthen and enhance the fight against corruption because anti-corruption actors and journalists will be cautious as misjudgements or errors committed will not be overlooked or concealed by the media. Therefore, anti-corruption agencies in Ghana can collaborate with the media to uncover and expose corruption committed by public officials and even journalists or media owners.

Originality/value

This study is the first in Ghana to explore the relationship between the media and corruption from the perspectives of justice and anti-corruption officials. The approach, frameworks and methodology adopted in this study can be applied in similar studies in other countries on the African continent and beyond.

Details

International Journal of Sociology and Social Policy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0144-333X

Keywords

Article
Publication date: 30 January 2024

Ghansham Anand, Dita Elvia Kusuma Putri and Tristania Faisa Adam

This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for…

Abstract

Purpose

This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for judges to determine the percentage of compensation for corporations responsible for land degradation. This paper aims also presents a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations proportionally responsible in terms of causing land degradation.

Design/methodology/approach

This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is conceptual, statute and comparative approach.

Findings

By analyzing the related legal norms, it can be understood that in Asian countries, such as Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the regulations in these countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is a market shared liability.

Research limitations/implications

This research is limited to regulation in the Asia region. By analyzing the regulation, this paper will provide an analysis about the land degradation regulation mechanism in Asia and give an analysis about market shared liability as one of the solution to handling land degradation. Having the same ground rules will create synergies between countries in Asia to handle land degradation.

Originality/value

This paper is the first systematic legal research comparing regulations from three nations in Asia on land degradation and the first paper to provide market shared liability as a solution to handling land degradation.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Open Access
Article
Publication date: 14 September 2022

Petra Pekkanen and Timo Pirttilä

The aim of this study is to empirically explore and analyze the concrete tasks of output measurement and the inherent challenges related to these tasks in a traditional and…

Abstract

Purpose

The aim of this study is to empirically explore and analyze the concrete tasks of output measurement and the inherent challenges related to these tasks in a traditional and autonomous professional public work setting – the judicial system.

Design/methodology/approach

The analysis of the tasks is based on a categorization of general performance measurement motives (control-motivate-learn) and main stakeholder levels (society-organization-professionals). The analysis is exploratory and conducted as an empirical content analysis on materials and reports produced in two performance improvement projects conducted in European justice organizations.

Findings

The identified main tasks in the different categories are related to managing resources, controlling performance deviations, and encouraging improvement and development of performance. Based on the results, key improvement areas connected to output measurement in professional public organizations are connected to the improvement of objectivity and fairness in budgeting and work allocation practices, improvement of output measures' versatility and informativeness to highlight motivational and learning purposes, improvement of professional self-management in setting output targets and producing outputs, as well as improvement of organizational learning from the output measurement.

Practical implications

The paper presents empirically founded practical examples of challenges and improvement opportunities related to the tasks of output measurement in professional public organization.

Originality/value

This paper fulfils an identified need to study how general performance management motives realize as concrete tasks of output measurement in justice organizations.

Details

International Journal of Productivity and Performance Management, vol. 73 no. 11
Type: Research Article
ISSN: 1741-0401

Keywords

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