scholarly journals Establishment of the institution of covert investigation in the criminal justice system of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 462-474
Author(s):  
Oleh Tarasenko ◽  
Maksym Tsutskiridze ◽  
Artem Shevchishen ◽  
Yuri Yermakov ◽  
Dmytro Mirkovets
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Research Methods ◽  
Justice System ◽  
Developed Countries ◽  
Scientific Methods ◽  
The Subject ◽  
Definition Of ◽  
Stated Purpose ◽  
Practical Implications

The purpose of the article is to study the formation of the covert investigation institution in the criminal justice system of Ukraine. The subject of research is the prerequisites for the establishment of this institution in Ukraine. Research methods are chosen considering the stated purpose and tasks, object, and topic of the study. Consequently, the article uses general and specific scientific methods. Among the results of the research, the realization of an analysis of the international experience of operation of similar institutions in developed countries stands out. Problematic issues of the formation of the covert investigation institution in Ukraine are identified. In conclusion, it is noted that Ukraine has opted for a covert investigation system, the mechanism of which is more geared towards solving crimes - "incidents", when it is not necessary to hide the fact of the investigation. In terms of the practical implications, the peculiarities of the operation of the covert investigation institution in the criminal justice system of Ukraine are highlighted and, based on the investigation carried out, the definition of the perpetrators of the mentioned legal category is offered.

Reforming the criminal justice system – an ethical leadership approach

2017 ◽  
Vol 13 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Verl Anderson ◽  
Riki Ichiho
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Ethical Leadership ◽  
Justice System ◽  
Ethical Issues ◽  
Content Type ◽  
The Public ◽  
Moral Perspective ◽  
Conceptual Paper ◽  
Practical Implications

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.

scholarly journals (DE)CONSTRUCTING THE “PERFECT RAPE VICTIM”: AN ANALYSIS OF SEXUAL ASSAULT AND SURVIVOR DISCOURSES IN THE CANADIAN CRIMINAL JUSTICE SYSTEM

2021 ◽  
Author(s):  
Vanshika Dhawan ◽  
Marty Fink
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Rape Myths ◽  
Attrition Rates ◽  
Sexual Assault Survivors ◽  
Spousal Rape ◽  
Definition Of

The Canadian criminal justice system has seen many progressive changes to the way sexual assault cases are investigated and prosecuted over the past several decades. From the acknowledgement of spousal rape to the introduction of rape shield provisions, the law has seemingly changed to broaden the definition of what is considered a sexual assault. However, sexually-based offences are still vastly underreported and have the lowest attrition rates of indictable offences. Larger societal discourses around sexual assault and survivor-hood consist largely of rape myths, such as the idea that “real rape” only occurs when an “undeserving” woman is sexually assaulted by a “stranger in the dark.” These discourses permeate the Canadian criminal justice system, negatively influencing the experience of survivors who do not fit the narrow mould “real rape.” Drawing from Norman Fairclough’s Critical Discourse Analysis and Stuart Hall’s Discursive Approach, this Major Research Paper traces the effects of these discourses on constructions of sexual assault and survivor-hood in the legal system. Through a theoretical analysis of existing literature on the experiences of sexual assault survivors, this paper also examines the ways in which the language we use to describe sexual assault serves to cement rape myths and invalidate survivor experiences in every stage of the Canadian criminal justice system.

Punishment: Civil Style — A Comment

1991 ◽  
Vol 25 (3-4) ◽  
pp. 779-791
Author(s):  
Stephen Goldstein
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Friend ◽  
Complete Agreement ◽  
Punitive Damages ◽  
Civil Justice ◽  
Social Betterment ◽  
Starting Point ◽  
Definition Of

I am honoured and pleased to comment on the paper on “Punishment Civil Style” by my good friend Marc Galanter, with whose basic thesis I am in complete agreement. I would take as my starting point and, indeed, emphasize, Galanter's definition of punishment as the “imposition of a harm, injury, deprivation or other bad thing on someone on the ground of some commission of some offence. The infliction of harm on the offender may be viewed as a goal (or a proximate to a goal of justice) or it may be viewed instrumentally as a mean to social betterment through rehabilitation, incapacitation, deterrence, reassurance, and so forth”.Galanter well points out that, as such, punishment is not limited to the criminal justice system, but is employed also in other societal systems, including that of civil justice.Yet, I fear that he may mislead us in focusing in his paper so heavily on punitive damages, which he maintains “are the most visible and clearly legitimated manifestation” of the principle of “civil punishment”.

Impediments to the Recovery of Restitution by Crime Victims

1990 ◽  
Vol 5 (2) ◽  
pp. 127-140 ◽  
Author(s):  
Alan T. Harland ◽  
Cathryn J. Rosen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Actual Case ◽  
Policy Makers ◽  
Technical Data ◽  
Victims Of Crime ◽  
Definition Of ◽  
Case Dispositions

Restitution is unique among criminal justice policies by virtue of the widespread support it has attained from many diverse constituencies. Restitution has received such universal praise as a panacea for victims of crime that in recent years a number of American jurisdictions have adopted legislation that creates a presumptive norm that restitution be awarded in appropriate cases. Despite popular support for its increased use and enactment of enabling legislation, restitution continues to be underutilized in actual case dispositions. The authors suggest that the underuse problem will not be cured and the powerful potential that restitution holds as a criminal justice sanction will not be realized until a consensus regarding the definition of restitution is achieved, significant gaps in the technical data about how restitution is effectuated are closed, and practical impediments to awarding and collecting restitution are dissolved. These goals, in turn, cannot be met until policy makers confront and begin to resolve the inherent conflicts posed when a restorative sanction, such as restitution, is pursued in a criminal justice system that is primarily punitive in nature.

Guilty Until Proved Innocent: Wrongful Conviction and Public Policy

1986 ◽  
Vol 32 (4) ◽  
pp. 518-544 ◽  
Author(s):  
C. Ronald Huff ◽  
Arye Rattner ◽  
Edward Sagarin ◽  
Donal E. J. MacNamara
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy Implications ◽  
Innocent Person ◽  
Wrongful Conviction ◽  
Extant Literature ◽  
Efficiency And Effectiveness ◽  
The Subject

Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction—the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because of our understandable concern with the efficiency and effectiveness of the criminal justice system in combatting crime. Drawing on our own database of nearly 500 cases of wrongful conviction, our survey of criminal justice officials, and our review of extant literature on the subject, we address three major questions: (1) How frequent is wrongful conviction? (2) What are its major causes? and (3) What policy implications may be derived from this study?

Forcible Rape

1977 ◽  
Vol 23 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Gerald D. Robin
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Criminal Justice System ◽  
Justice System ◽  
Reasonable Doubt ◽  
Rape Victims ◽  
Basic Definition ◽  
Standard Of Proof ◽  
Legal Position ◽  
Definition Of

Forcible rape is unique among crimes in the manner in which its victims are dealt with by the criminal justice system. Raped women are subjected to an institutionalized sexism that begins with their treatment by the police, continues through a male-dominated criminal justice system influenced by pseudo-scientific notions of victim precipitation, and ends with the systematic acquittal of many de facto guilty rapists. The codification of sexism centers in the legal elements involved in proving guilt and obtaining convictions. In effect, the law's focus upon corrob oration, consent, and character has established a standard of proof in rape cases that is more stringent than "beyond a reasonable doubt." Nonetheless, the processing of rape victims by the criminal justice system is gradually becoming more sensitive, facilitative, and reflective of the trauma experienced by the women involved. The legal position toward the crime is also becoming less sexist and more responsive to the realities involved in sexual assault. Both of these changes have come about through the efforts of the women's liberation movement. The most promising means for achieving more humane and dignified treatment of rape victims in the arms of the law have been "rape crisis centers." This approach to eliminating institutionalized sexism surrounding forcible rape has been significantly aided and abetted by successful attempts to modify the basic definition of the crime and to revise the legal elements needed for conviction.

scholarly journals Victims of crime

2018 ◽  
Vol 34 (2) ◽  
Author(s):  
Khắc Hải Nguyễn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Routine Activity ◽  
Access To Justice ◽  
Fair Treatment ◽  
Victims Of Crime ◽  
Definition Of ◽  
Core Issues

Research clarifies basic issues related to victims of crime as a social and legal phenomenon. Study gives definition of victims of crime, analyses victimization and its causes developed rely on theories as lifestyle model, routine activity approach and opportunity. Besides, the article studies international standard and the rights of victims like access to justice and fair treatment, restitution, compensation, and assistance. The role of victims of crime in criminal justice system and government’s responsibility are also core issues mentioned in the research. 

Researching sensitive topics for the police – insights from the UK

2018 ◽  
Vol 4 (2) ◽  
pp. 89-100
Author(s):  
Colin Rogers
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Research Methods ◽  
Justice System ◽  
Social Implications ◽  
Sexual Offences ◽  
Content Type ◽  
Sensitive Areas ◽  
Sensitive Topics

Purpose The purpose of this paper is to illustrate how practical research can be undertaken into sensitive issues within the criminal justice system having cognisance of the needs of those subject to the research process. Design/methodology/approach A mixed methods design which was complicated due to the subject matter being explored, that of historical reporting of sexual offences. Confidential questionnaires and focus group method utilised, but in constant contact with specialised victim support service to ensure rights of victims understood and interwoven into the design. Findings Even though there are some very sensitive areas within the criminal justice system where it is believed research is difficult to undertake, it can be achieved by constant reference to the needs of the victim and strict confidentiality. Given the right circumstances and approach, research into what has been previously considered areas of difficulty can be researched effectively. Research limitations/implications Due to the research methods explored an utilised, a template for research methodology can be seen which can be transferred into any other sensitive topic that requires research. In addition, by undertaking this method, previously unheard voices of victims of historical crimes can be utilised to inform official policy and practice. However, a limitation of the approach can be the low number of respondents wishing to take part. Practical implications Victims have an opportunity to influence public policy. The methods utilised “opens up” the possibility for replication of research into other sensitive areas of the CJS. The methods utilised involved a number of Criminal Justice Agencies which assisted in maximising their understanding of victims experiences thorough the partnership approach. The research methods and results influencing training methods of the police as first responders to such incidents. Social implications The social implications of this paper are that it will encourage other researchers not to be afraid of what appears to be “hard to reach” and sensitive topics in terms of social science research. This will allow for greater numbers of marginalised individuals and victims to engage and influence the criminal justice system, thereby influencing public policy and improving the way victims of crime are treated. Originality/value This paper is one of the few, if any, that explores ethical problems and sensitive topics such as historical reporting of sexual offences. It will have resonance for those who wish to undertake similar types of research.

Male Domestic Abuse: The Continuing Contrast Between Women's Experiences and Juridical Responses

1995 ◽  
Vol 10 (1) ◽  
pp. 65-89 ◽  
Author(s):  
Rosanna Langer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Domestic Abuse ◽  
Reform Initiatives ◽  
Institutional Responses ◽  
Women’S Perceptions ◽  
Definition Of ◽  
Perceptions Of Abuse ◽  
Systemic Responses

AbstractWomen's perceptions of abuse differ deeply from official characterizations of them and are largely absent from legal discourse on male domestic abuse despite two decades of reform initiatives. This article traces the enforcement of male domestic dominance and violence through the failures of the criminal justice system to incorporate women's perspectives in systemic responses to male spouse batterers. I argue that it is factors such as official labelling of abuse by the juridical system, including police, which determine whether abuse is ‘officially’ recognized as such and whether the male violent family is stabilized by policies, practices, and non-intervention. This interaction between definitions and institutional responses makes it crucial to understand how women define their own experiences of abuse. The article concludes that male domestic abuse remains a contested area of juridical understandings and practices. Insofar as the ‘official’ definition of her situation impacts on the abused woman's self-perception, and on her access to resources she might use to get out of danger, it determines the organization of ‘domestic abuse’ as well.

Sign in / Sign up

Export Citation Format

Share Document