Analyzing Child Rape in Bangladesh: A Socio-Legal Perspective

2020 ◽  
Vol 58 (1) ◽  
pp. 19-38
Author(s):  
Monira Nazmi Jahan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Social Phenomena ◽  
Psychological Conditions ◽  
Societal Norms ◽  
Legal Perspective ◽  
To Receive ◽  
Critical Process ◽  
Child Rape

AbstractBangladesh is experiencing an epidemic of child rape. Discrimination based on patriarchal philosophies, inadequate rape laws, inadequate policies to address child rape, a conservative criminal justice system, and a conventional judicial environment has culminated in injustice for victims. Laws exist that require severe punishments; however, child rape has not been satisfactorily prevented. Societal norms, stigma, political pressure, money, power, and the critical process of the justice system make it extraordinarily difficult for victims to receive justice. This article describes the reasons why men rape children, including offenders’ psychological conditions and the advantages that men have over the weaker in the criminal justice system, enjoying impunity. While attempting to understand the reasons broadly, statistical data show that the reporting of such crimes has been increasing, but this does not genuinely represent the actual number of crimes committed. The article focuses on social phenomena associated with child rape culture and identifies reasons why crimes are not reported. An in-depth discussion of inappropriate laws for child rape and of the loopholes in these laws demonstrates the hardship that victims face in their fight for justice. Finally, social and legal recommendations for the prevention of child rape are highlighted.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

Leniency for Lethal Ladies: Using the Actor–Partner Interdependence Model to Examine Gender-Based Sentencing Disparities

2019 ◽  
Vol 23 (4) ◽  
pp. 319-343
Author(s):  
Emma E. Fridel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Gender Bias ◽  
Justice System ◽  
Female Offenders ◽  
Differential Treatment ◽  
Sentencing Decisions ◽  
Actor Partner Interdependence Model ◽  
Gender Based ◽  
To Receive

Research has shown that female offenders typically receive differential treatment in the criminal justice system in comparison to their male counterparts, even for extreme crimes like murder. This study compares the criminal sentences of 300 homicide offenders who killed at least two victims with a single co-offender (150 pairs) within their dyads using the actor–partner interdependence model (APIM) to determine if gender has an effect on leniency for even the most extreme crimes. Women were less likely to receive the harshest possible punishment, regardless of their partner’s gender. These findings provide support for the female leniency effect, suggesting that gender bias continues to influence sentencing decisions for homicide.

The Color of Victimology

2019 ◽  
pp. 529-537
Author(s):  
Kyrie Hernandezpeterson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victimization ◽  
Assistance Programs ◽  
High Profile ◽  
Victim Assistance ◽  
The Media ◽  
To Receive ◽  
Emotional Effects

Victims are the center of the criminal justice system. However, negative treatment by any service provider discourages individuals from taking advantage of the services being offered to victims through various organizations in their respective communities. The study of victims (victimology) is informative on the physical, psychological, and emotional effects crimes have on victims. Victim assistance programs and resources have substantially grown over the years in an effort to improve protection to all and assist in pursuing proper justice for victims and those suffering from victimization. The National Crime Victimization Survey (NCVS) and Uniform Crime Report (UCR) are used to gather statistics to further victim research. High profile cases in the media have led to the criminal justice system being deemed biased. Statistics do not substantiate racial discrimination in victimology or in the criminal justice system. There are instances of discrimination in select cases, but as a whole, the criminal justice system should not be viewed as discriminative. The focus should be placed on refining victim assistance programs and being creative in providing the proper resources victims need to receive the justice they deserve and the care and help they need.

Are We There Yet? Screening Processes for Intellectual and Developmental Disabilities in Jail Settings

2009 ◽  
Vol 47 (1) ◽  
pp. 13-23 ◽  
Author(s):  
Anna Scheyett ◽  
Jennie Vaughn ◽  
Melissa Taylor ◽  
Susan Parish
Keyword(s):  
Criminal Justice ◽  
Developmental Disabilities ◽  
Criminal Justice System ◽  
Early Identification ◽  
Justice System ◽  
Best Practice ◽  
Self Report ◽  
Intellectual And Developmental Disabilities ◽  
Telephone Interviews ◽  
To Receive

Abstract Early identification of intellectual and developmental disabilities in persons in the criminal justice system is essential to protect their rights during arrest and trial, ensure safety when incarcerated, and maximize the opportunities to receive services while incarcerated and postrelease. Using telephone interviews of jail administrators (N = 80) in 1 state, this study examined how people with intellectual and developmental disabilities were identified in jails. Findings indicated that administrators varied widely in awareness of individuals with intellectual and developmental disabilities in their jails. Few jails (6%) used formal screening instruments for intellectual and developmental disabilities, others relied on officer observation and self-report (53%), and some provided no screening at all; in addition, officers received little training in this regard. Findings suggest that few jails are operationalizing best-practice screening processes for intellectual and developmental disabilities.

scholarly journals Strength of provision and law protection of children's witnesses

2020 ◽  
Vol 9 (3) ◽  
pp. 133-140
Author(s):  
Rahmida Erliyani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Secondary Data ◽  
Primary Data ◽  
Child Testimony ◽  
To Receive ◽  
Religious Courts

The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.

The Color of Victimology

2016 ◽  
pp. 101-112
Author(s):  
Kyrie Hernandezpeterson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victimization ◽  
Assistance Programs ◽  
High Profile ◽  
Victim Assistance ◽  
The Media ◽  
To Receive ◽  
Emotional Effects

Victims are the center of the criminal justice system. However, negative treatment by any service provider discourages individuals from taking advantage of the services being offered to victims through various organizations in their respective communities. The study of victims (victimology) is informative on the physical, psychological, and emotional effects crimes have on victims. Victim assistance programs and resources have substantially grown over the years in an effort to improve protection to all and assist in pursuing proper justice for victims and those suffering from victimization. The National Crime Victimization Survey (NCVS) and Uniform Crime Report (UCR) are used to gather statistics to further victim research. High profile cases in the media have led to the criminal justice system being deemed biased. Statistics do not substantiate racial discrimination in victimology or in the criminal justice system. There are instances of discrimination in select cases, but as a whole, the criminal justice system should not be viewed as discriminative. The focus should be placed on refining victim assistance programs and being creative in providing the proper resources victims need to receive the justice they deserve and the care and help they need.

scholarly journals CONDITIONAL DEFERRAL (AND WITHDRAWAL) OF CRIMINAL PROSECUTION FROM NATIONAL AND COMPARATIVE LEGAL PERSPECTIVE

2021 ◽  
Vol 37 (1) ◽  
pp. 83-104
Author(s):  
Zoran Burić ◽  
Marija Pleić ◽  
Ivana Radić
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Prosecution ◽  
Court System ◽  
Legal Analysis ◽  
Equivalent Institutions ◽  
Legal Perspective ◽  
The Status

Conditional deferral (and withdrawal) of criminal prosecution is a typical institution of negotiated criminal justice. It is usually applied in relation to less serious criminal offences with the aim to relieve the court system workload and humanise the treatment of the offender. This institution was introduced into the Croatian criminal justice system more than 20 years ago. Despite such a long presence within the system, it has never acquired the status of an important and widely applied institution. Quite the contrary, its application in practice is quite scarce. In order to identify possible reasons for this at the normative level, the authors have undertaken a comparative legal analysis of said institution. Main characteristics of conditional deferral (and withdrawal) of criminal prosecution in Croatia have been compared with the main characteristics of identical or equivalent institutions in five other jurisdictions: Austria, Germany, Italy, England, and France. Special attention has been devoted to five highlighted issues: the goal(s) of the institution, the offences in relation to which it may be applied, the role of the court, the rights of the defendant, and the position of the victim.

The Effect of Grievants' Gender on Arbitrators' Decisions

ILR Review ◽  
1988 ◽  
Vol 41 (2) ◽  
pp. 251-262 ◽  
Author(s):  
Brian Bemmels
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
To Receive

This study investigates the effect of the gender of grievants on the decisions of arbitrators in 104 discharge cases. The results indicate that, other things equal, women were twice as likely as men to have their grievance sustained; in cases where the grievance was sustained, women were 2.7 times more likely than men to receive a full reinstatement rather than a partial reinstatement; and in cases where suspension was imposed in place of discharge, women received, on average, a suspension 2.1 months shorter than men. These results are consistent with those of studies of the treatment of women in the criminal justice system.

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