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Open Access
Book part
Publication date: 19 November 2020

Abstract

Details

The Impact of Global Drug Policy on Women: Shifting the Needle
Type: Book
ISBN: 978-1-83982-885-0

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.

Open Access
Book part
Publication date: 29 March 2022

Samantha Jeffries and Andrew M. Jefferson

In this introductory chapter, we discuss the impetus for this edited book. We introduce activist, critical and feminist criminological theorizing and research on gender…

Abstract

In this introductory chapter, we discuss the impetus for this edited book. We introduce activist, critical and feminist criminological theorizing and research on gender, intersectionality, criminalization, and carceral experiences. The scene is set for the chapters to follow by providing a general overview of gender, criminalization, imprisonment, and human rights in Southeast Asia with particular attention being paid to Indonesia, Malaysia, Cambodia, Thailand, Myanmar, and the Philippines. We consider trends and drivers of women’s imprisonment in the region, against the backdrop of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, also known as the Bangkok Rules, which were adopted by the United Nations General Assembly just over a decade ago. We reflect on the dominance of western centric feminist (and malestream) criminological works on gender, criminalization and imprisonment, the positioning of Southeast Asian knowledge on the peripheries of Asian criminology and the importance of bringing to light, as this book does, gendered activist scholarship in this region of the world.

Details

Gender, Criminalization, Imprisonment and Human Rights in Southeast Asia
Type: Book
ISBN: 978-1-80117-287-5

Keywords

Open Access
Book part
Publication date: 4 June 2021

Laura Vitis

Technology-facilitated violence against women (TFVW) is readily becoming a key site of analysis for feminist criminologists. The scholarship in this area has identified online…

Abstract

Technology-facilitated violence against women (TFVW) is readily becoming a key site of analysis for feminist criminologists. The scholarship in this area has identified online sexual harassment, contact-based harassment, image-based abuse, and gender-based cyberhate – among others – as key manifestations of TFVW. It has also unpacked the legal strategies available to women seeking formal justice outcomes. However, much of the existing empirical scholarship has been produced within countries like the United States, United Kingdom, and Australia, and there has been limited research on this phenomenon within South East Asia. As such, this chapter maps how technology is shaping Singaporean women's experiences of gendered, sexual, and domestic violence. To do so, it draws upon findings from a research project which examined TFVW in Singapore by utilizing semistructured interviews with frontline workers in the fields of domestic and sexual violence and LGBT services. Drawing from Dragiewicz et al.’s (2018) work on technology-facilitated coercive control (TFCC), I argue that victims-survivors of dating, domestic, and family violence need to be provided with support that is TFCC informed and technically guided. I also suggest that further research is needed to fully understand the prevalence and nature of TFVW in the Singaporean context.

Details

The Emerald International Handbook of Technology-Facilitated Violence and Abuse
Type: Book
ISBN: 978-1-83982-849-2

Keywords

Open Access
Book part
Publication date: 19 November 2020

Corina Giacomello and Coletta A. Youngers

Women across the world are being incarcerated at an alarming rate. Between 2000 and 2017, the female incarceration rate worldwide increased by 53.3%, whereas the male…

Abstract

Women across the world are being incarcerated at an alarming rate. Between 2000 and 2017, the female incarceration rate worldwide increased by 53.3%, whereas the male incarceration rate increased by only 19.6%. In Latin America, drug offences are the first or second cause of female incarceration. The excessive use of pre-trial detention, mandatory minimum sentences, and disproportionate penalties characterise the region’s drug policies. Recent data compiled by the Washington Office on Latin America show that between 35% and 70% of incarcerated women, depending on the country, are behind bars due to a drug offence, while for men the rate is much lower. In other words, harsh drug laws disproportionately impact women.

Qualitative research on female prisoners accused of drug-related offences shows how gender roles, gender-based violence and social exclusion are often triggering factors for women’s participation in the drug trade. Agency and victimisation co-exist in these women’s stories, and while drug trafficking becomes a means to cope with adversity, it also further enhances previous vulnerabilities, and incarceration can have a devastating impact on their families. These women are engaged in high-risk activities but represent a low risk to society. Drug law reforms and the use of alternatives to incarceration could reduce the number of women behind bars for low-level drug offences.

Details

The Impact of Global Drug Policy on Women: Shifting the Needle
Type: Book
ISBN: 978-1-83982-885-0

Open Access
Article
Publication date: 25 October 2022

Janice Kathleen Moodley, Bianca Rochelle Parry and Marie Claire Van Hout

The menstrual health and menstrual hygiene management (MHM) of incarcerated women remains relatively low on the agenda of public health interventions globally, widening the…

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Abstract

Purpose

The menstrual health and menstrual hygiene management (MHM) of incarcerated women remains relatively low on the agenda of public health interventions globally, widening the inequitable access of incarcerated women to safe and readily available menstrual health products (MHP). The COVID-19 pandemic has adversely impacted on the MHM gains made in various development sectors in the global North and South, through its amplification of vulnerability for already at-risk populations. This is especially significant to developing countries such as South Africa where the incarcerated female population are an often-forgotten minority.

Design/methodology/approach

This viewpoint highlights the ignominious silence of research and policy attention within the South African carceral context in addressing MHM. The ethical and political implications of such silences are unpacked by reviewing international and local literature that confront issues of inequality and equitable access to MHP and MHM resources within incarcerated contexts.

Findings

Structural inequalities in various contexts around the world have exacerbated COVID-19 and MHM. Within the prison context in South Africa, women face multiple layers of discrimination and punishment that draw attention to the historical discourses of correctional facilities as a site of surveillance and discipline.

Research limitations/implications

This study acknowledges that while this viewpoint is essential in rising awareness about gaps in literature, it is not empirical in nature.

Practical implications

The authors believe that this viewpoint is essential in raising critical awareness on MHM in carceral facilities in South Africa. The authors hope to use this publication as the theoretical argument to pursue empirical research on MHM within carceral facilities in South Africa. The authors hope that this publication would provide the context for international and local funders, to assist in the empirical research, which aims to roll out sustainable MHP to incarcerated women in South Africa.

Social implications

The authors believe that this viewpoint is the starting point in accelerating the roll out of sustainable MHP to incarcerated females in South Africa. These are females who are on the periphery of society that are in need of practical interventions. Publishing this viewpoint would provide the team with the credibility to apply for international and national funding to roll out sustainable solutions.

Originality/value

It is hoped that the gaps in literature and nodes for social and human rights activism highlighted within this viewpoint establish the need for further participatory research, human rights advocacy and informed civic engagement to ensure the voices of these women and their basic human rights are upheld.

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Open Access
Article
Publication date: 5 September 2023

Jessica Leigh Thornton

As the subject of female criminology in South Africa has only recently been dealt with in a qualitative manner, this paper aims to explore if there is a potential link between…

Abstract

Purpose

As the subject of female criminology in South Africa has only recently been dealt with in a qualitative manner, this paper aims to explore if there is a potential link between rehabilitation, reintegration support and recidivism as females are often placed back into the environment which prompted their criminal behaviour, further excluding them from rehabilitative reform, which might lead them to recidivate.

Design/methodology/approach

The research adopted a qualitative approach using in-depth, semi-structured interviews with six participants that were chosen purposively.

Findings

The paper notes a potential link between rehabilitation, reintegration support and recidivism as the female prisoners are imprinted with criminal dispositions since rehabilitation within the correctional facility has no implementation process to ensure that restoration can continue after they have been released.

Research limitations/implications

Due to the limited number of the incarcerated female population and the scope of the preliminary study, the sample comprised of only six female offenders. As such, it contributes to the larger discourse of female criminality, but does not offer any recommendations.

Practical implications

Provides an understanding of the conditions in which the females are released. Allows for the inclusion of the female’s voice on, and reflection of, rehabilitation and recidivism. Notes a link between rehabilitation, reintegration and recidivism. Creates a pathway for further research in the exploration of a gendered reform approach.

Originality/value

While the subject of female criminology in South Africa has only recently been dealt with in a qualitative manner, this study offers an insight into how females who offend are often placed back into the environment which prompted their criminal behaviour.

Details

Journal of Criminological Research, Policy and Practice, vol. 10 no. 1
Type: Research Article
ISSN: 2056-3841

Keywords

Open Access
Book part
Publication date: 25 July 2022

Maria Caprile, Mina Bettachy, Daša Duhaček, Milica Mirazić, Rachel Palmén and Angelina Kussy

Universities are large, complex and highly hierarchical organisations with deeply engrained gendered values, norms and practices. This chapter reflects on the experiences of two…

Abstract

Universities are large, complex and highly hierarchical organisations with deeply engrained gendered values, norms and practices. This chapter reflects on the experiences of two universities in initiating structural change towards gender equality as supported by the TARGET project. A common aspect thereby is the lack of a national policy in higher education and research providing specific support for implementing gender equality policies. The process of audit, design, implementation, monitoring and evaluation of the first gender equality plan (GEP) in each of these universities was conceived as a first step in a long journey, providing a framework for engaging different institutional actors and fostering reflexive, evidence-based policy making. The analysis deals with reflexivity and resistance and seeks to draw lessons from bottom-up and top-down experiences of GEP implementation. It is the result of shared reflection between the GEP ‘implementers’ in the two universities and the team who provided support and acted as ‘critical friends’.

Details

Overcoming the Challenge of Structural Change in Research Organisations – A Reflexive Approach to Gender Equality
Type: Book
ISBN: 978-1-80262-122-8

Keywords

Open Access
Book part
Publication date: 19 November 2020

Mary C. K. Chepkonga

Parallel with trends in the wider East Africa region, there has been an increase in the number of women involved in drug use, trafficking and drug-related crime in Kenya…

Abstract

Parallel with trends in the wider East Africa region, there has been an increase in the number of women involved in drug use, trafficking and drug-related crime in Kenya (Beckerleg, Telfer, & Hundt, 2005 ). Vulnerable populations, such as domestic labourers, ethnic minorities, those living in slums, bar attendants, sex workers and refugees, are recruited into criminal organisations and assigned roles that expose them to negative health outcomes, human rights violations and incarceration (NACADA, 2016 ). In cases where women do not directly participate in drug use or the drug trade, they often are responsible for mitigating the risks arising from drug use by family members and the community. This reflects their triple burden of care and support when family and social life deteriorates (Mburu, Limmer, & Holland 2019).

The Kenya Narcotic Drugs and Psychotropic Substances Control Act of 1994, criminalises possession and trafficking of illicit drugs. The enforcement of this legislation has led to an increase in the number of women incarcerated in Kenya for drug, but also (and mainly) alcohol offences. This goes against the recommendation of the UN Commission on Narcotic Drugs in 2005 that States should adopt innovative measures and policies that prioritise treatment and rehabilitation as opposed to incarceration. In Kenya, prisons have adopted the Mandela and Bangkok Rules, enabling a paradigm shift in the provision of correctional services for women offenders, including remote parenting, family open days and linkages to aftercare services. However, these policies need to be anchored in the legal framework, with adequate resources to hasten the realisation of goals for the care and treatment of female drug and criminal offenders.

Details

The Impact of Global Drug Policy on Women: Shifting the Needle
Type: Book
ISBN: 978-1-83982-885-0

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