{"title":"Examining the Powers of The Police in Making Arrest Under Nigeria Law.","authors":"Kingsley . O. Mrabure, Stella . O. Idehen","doi":"10.15640/jlcj.v9n1a6","DOIUrl":"https://doi.org/10.15640/jlcj.v9n1a6","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85983702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Rights of Detained and Condemned Prisoners in the Nigerian Correctional Facilities – A Synopsis of the Legislative Framework","authors":"Dr Alaba Ibironke KEKERE","doi":"10.15640/jlcj.v9n1a2","DOIUrl":"https://doi.org/10.15640/jlcj.v9n1a2","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77853274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.1163/15718174-BJA10019
L. Kimpe, M. Walrave, Thom Snaphaan, L. Pauwels, Wim Hardyns, Koen Ponnet
Even though the dark number is especially high for cybercrimes, it is unclear by whom and to whom cybercrime is reported. Therefore, this study will answer the following questions: (1) who reports cybercrime incidents, and (2) to whom do victims report cybercrime? Analyses based on survey data including 334 recent cybercrime victims, indicate that 73.4% of victims do not report the incident. Cybercrime victims who do report are significantly older. In addition, 40.4% of the reporting victims notified the police, while others contacted a wide diversity of organizations. Based on these results, awareness raising campaigns should especially encourage young victims to report cybercrime incidents to the police. It would moreover be useful to appoint and promote a more centralized reporting channel.
{"title":"Research Note: An Investigation of Cybercrime Victims’ Reporting Behavior","authors":"L. Kimpe, M. Walrave, Thom Snaphaan, L. Pauwels, Wim Hardyns, Koen Ponnet","doi":"10.1163/15718174-BJA10019","DOIUrl":"https://doi.org/10.1163/15718174-BJA10019","url":null,"abstract":"Even though the dark number is especially high for cybercrimes, it is unclear by whom and to whom cybercrime is reported. Therefore, this study will answer the following questions: (1) who reports cybercrime incidents, and (2) to whom do victims report cybercrime? Analyses based on survey data including 334 recent cybercrime victims, indicate that 73.4% of victims do not report the incident. Cybercrime victims who do report are significantly older. In addition, 40.4% of the reporting victims notified the police, while others contacted a wide diversity of organizations. Based on these results, awareness raising campaigns should especially encourage young victims to report cybercrime incidents to the police. It would moreover be useful to appoint and promote a more centralized reporting channel.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64394927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"On The Contradictory Perception of Domestic Violence in Estonia and Problems Related to Punishments by the State","authors":"Silvia Kaugia, Iris Pettai, Raul Narits","doi":"10.15640/jlcj.v9n1a12","DOIUrl":"https://doi.org/10.15640/jlcj.v9n1a12","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74144365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Los Angeles Police Department (LAPD) Stops: Race and the Perception of Bias","authors":"Paul B Vernon, Tamara J Lynn","doi":"10.15640/jlcj.v9n1a11","DOIUrl":"https://doi.org/10.15640/jlcj.v9n1a11","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80767222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-16DOI: 10.1163/15718174-28040001
Estella Baker
During the course of 2020 there is barely an aspect of everyday life that has not been affected by the COVID-19 pandemic in one way or another, if there are any at all. The realms of crime, criminal law, criminal justice and criminology are no exception. One rough and ready indicator is that, as early as 12 April 2020, a chapter headed the ‘Impact of the COVID-19 pandemic on crime’ was initiated on Wikipedia.1 Another is that a perfunctory internet search using a term such as “crime and COVID-19” or “criminal justice and COVID-19” yields millions of results in an instant. Admittedly, this evidence is superficial in nature but it is sufficient to indicate that one of the legacies of the pandemic will be to establish a new focus of study that is concerned with its impact on the criminal law field (broadly defined). That supposition is reinforced by the fact that its cultural, economic, environmental, political and social consequences, all facets of life that intersect strongly with criminal law, are of such magnitude that they will ricochet long into the future. Moreover, this will be the case irrespective of whether there is rapid success in the quest to eradicate the virus itself. Our Journal is most unlikely to remain immune from these developments as they have many aspects that fit squarely within its aims and scope. Merely in outline, the COVID-19 crisis has prompted a range of relevant responses from the principal European organs of governance; i.e. the EU and the Council of Europe, and their agencies and institutions; it is affecting the manifestations and representations of crime across Europe, as well as their handling; and
{"title":"The Crisis that Changed Everything: Reflections of and Reflections on COVID-19","authors":"Estella Baker","doi":"10.1163/15718174-28040001","DOIUrl":"https://doi.org/10.1163/15718174-28040001","url":null,"abstract":"During the course of 2020 there is barely an aspect of everyday life that has not been affected by the COVID-19 pandemic in one way or another, if there are any at all. The realms of crime, criminal law, criminal justice and criminology are no exception. One rough and ready indicator is that, as early as 12 April 2020, a chapter headed the ‘Impact of the COVID-19 pandemic on crime’ was initiated on Wikipedia.1 Another is that a perfunctory internet search using a term such as “crime and COVID-19” or “criminal justice and COVID-19” yields millions of results in an instant. Admittedly, this evidence is superficial in nature but it is sufficient to indicate that one of the legacies of the pandemic will be to establish a new focus of study that is concerned with its impact on the criminal law field (broadly defined). That supposition is reinforced by the fact that its cultural, economic, environmental, political and social consequences, all facets of life that intersect strongly with criminal law, are of such magnitude that they will ricochet long into the future. Moreover, this will be the case irrespective of whether there is rapid success in the quest to eradicate the virus itself. Our Journal is most unlikely to remain immune from these developments as they have many aspects that fit squarely within its aims and scope. Merely in outline, the COVID-19 crisis has prompted a range of relevant responses from the principal European organs of governance; i.e. the EU and the Council of Europe, and their agencies and institutions; it is affecting the manifestations and representations of crime across Europe, as well as their handling; and","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42063077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-16DOI: 10.1163/15718174-bja10018
M. Rogalski
In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matters. It is worth examining how the specific solutions accepted and the way they have been formulated may affect the fundamental rights of participants in criminal proceedings, particularly when that impact may be adverse. From this perspective, a detailed analysis is made of what entities will be authorised to issue European Production Orders, in relation to what kinds of electronic evidence, and under what conditions.
{"title":"The European Commission’s e-Evidence Proposal – Critical Remarks and Proposals for Changes","authors":"M. Rogalski","doi":"10.1163/15718174-bja10018","DOIUrl":"https://doi.org/10.1163/15718174-bja10018","url":null,"abstract":"\u0000In response to problems that exist in practice pertaining to how law enforcement authorities in European Union Member States can obtain electronic evidence concerning the commission of a crime, on 17 April 2018 a Proposal for a Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM(2018) 225 final, 2018/0108 (cod)) was published. The proposal contains a series of new solutions aimed at speeding up and facilitating cooperation within the EU on obtaining electronic evidence in criminal matters. It is worth examining how the specific solutions accepted and the way they have been formulated may affect the fundamental rights of participants in criminal proceedings, particularly when that impact may be adverse. From this perspective, a detailed analysis is made of what entities will be authorised to issue European Production Orders, in relation to what kinds of electronic evidence, and under what conditions.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41851878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-16DOI: 10.1163/15718174-bja10010
Daniel Varona, Steven Kemp
Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.
{"title":"Suspended Sentences in Spain: An Alternative to Prison or a “Bargaining Chip” in Plea Negotiations?","authors":"Daniel Varona, Steven Kemp","doi":"10.1163/15718174-bja10010","DOIUrl":"https://doi.org/10.1163/15718174-bja10010","url":null,"abstract":"\u0000Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49186222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-01DOI: 10.21428/b6e95092.bd0b6f19
E. Dotson, David C. Brody, Ruibin Lu
The impact of stress on the mental and physical well-being of criminal justice professionals is of critical import for the effective operation of the criminal justice system. While a number of studies have examined various forms of stress among law enforcement and correctional officers, minimal research has examined the presence and impact of stressors among individuals working in the criminal courts. This exploratory study examines whether indigent defense attorneys suffer from occupational stress and secondary traumatic stress. A survey of attorneys from a mid-sized public defender’s office were found to have symptoms of severe occupational stress as well as high levels of secondary traumatic stress. Furthermore, regression analyses indicated that secondary traumatic stress and severe occupational stress had significant negative impacts on attorney job satisfaction. Implications for these preliminary findings are discussed as well as recommendations to limit the negative impacts stress has on indigent defense attorneys. _______________________________________________________________________________ as well as clearly, modulate their provide effective of 1998), and have a negative impact on the operation of the criminal court system. On the hand, decreasing the levels of occupational stress and secondary trauma experienced by attorneys is likely increase their mental well-being, health, and levels of job satisfaction. This paper presents the results from an exploratory study which examines the levels of severe occupational stress and secondary traumatic stress experienced by a sample of public defenders in a single public defense office. Additionally, the relationship between job satisfaction and the measures of stress are explored, as are factors that might ameliorate the impact of high levels of stress. While exploratory, it adds to the literature by illustrating how occupational and secondary traumatic stress experienced by public defenders can be measured and recommending steps that be taken to ameliorate the impact these stressors have on individual attorneys as well indigent defense more broadly. qualitative The caseloads; and and
{"title":"ARTICLE: An Exploratory Study of Occupational and Secondary Traumatic Stress Among a Mid-sized Public Defenders’ Office","authors":"E. Dotson, David C. Brody, Ruibin Lu","doi":"10.21428/b6e95092.bd0b6f19","DOIUrl":"https://doi.org/10.21428/b6e95092.bd0b6f19","url":null,"abstract":"The impact of stress on the mental and physical well-being of criminal justice professionals is of critical import for the effective operation of the criminal justice system. While a number of studies have examined various forms of stress among law enforcement and correctional officers, minimal research has examined the presence and impact of stressors among individuals working in the criminal courts. This exploratory study examines whether indigent defense attorneys suffer from occupational stress and secondary traumatic stress. A survey of attorneys from a mid-sized public defender’s office were found to have symptoms of severe occupational stress as well as high levels of secondary traumatic stress. Furthermore, regression analyses indicated that secondary traumatic stress and severe occupational stress had significant negative impacts on attorney job satisfaction. Implications for these preliminary findings are discussed as well as recommendations to limit the negative impacts stress has on indigent defense attorneys. _______________________________________________________________________________ as well as clearly, modulate their provide effective of 1998), and have a negative impact on the operation of the criminal court system. On the hand, decreasing the levels of occupational stress and secondary trauma experienced by attorneys is likely increase their mental well-being, health, and levels of job satisfaction. This paper presents the results from an exploratory study which examines the levels of severe occupational stress and secondary traumatic stress experienced by a sample of public defenders in a single public defense office. Additionally, the relationship between job satisfaction and the measures of stress are explored, as are factors that might ameliorate the impact of high levels of stress. While exploratory, it adds to the literature by illustrating how occupational and secondary traumatic stress experienced by public defenders can be measured and recommending steps that be taken to ameliorate the impact these stressors have on individual attorneys as well indigent defense more broadly. qualitative The caseloads; and and","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78931243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-11-09DOI: 10.15845/bjclcj.v8i1.3188
T. Liefaard
Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements.
{"title":"Child-friendly Justice and Procedural Safeguards For Children in Criminal Proceedings: New Momentum for Children in Conflict with the Law?","authors":"T. Liefaard","doi":"10.15845/bjclcj.v8i1.3188","DOIUrl":"https://doi.org/10.15845/bjclcj.v8i1.3188","url":null,"abstract":"Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements. \u0000 ","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2020-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80035086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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