Pub Date : 2021-09-21DOI: 10.1080/08974454.2021.1976358
A. Al-Hassan
Abstract In this research, as a comparative study, we dealt with the excuse of provocation related to the issue of femicide against the background of so-called honor crimes, and the extent to which the perpetrator benefited from the valid or mitigating excuse. After identifying the meaning of “honor crimes,” we monitored the conditions for applying this excuse, the scope of its personal and objective application, and the punishment in Arab positive laws. We have also treated the recent legislative trends represented in the abolition of this excuse in some Arab laws and stated that it is an important step toward fairness for women, but it is not sufficient and requires other steps, so there is no limit to the adoption of a clear legislative plan with goals aimed at reaching radical remedies and decisive solutions that do not accept cutting or acting with ill-considered reactions, and in line with the provisions of Islamic law and relevant international agreements.
{"title":"Impact of Provocation Doctrine in the Crimes of Honor between Retention and Annulment: A Comparative Study of Arab Criminal Legislation","authors":"A. Al-Hassan","doi":"10.1080/08974454.2021.1976358","DOIUrl":"https://doi.org/10.1080/08974454.2021.1976358","url":null,"abstract":"Abstract In this research, as a comparative study, we dealt with the excuse of provocation related to the issue of femicide against the background of so-called honor crimes, and the extent to which the perpetrator benefited from the valid or mitigating excuse. After identifying the meaning of “honor crimes,” we monitored the conditions for applying this excuse, the scope of its personal and objective application, and the punishment in Arab positive laws. We have also treated the recent legislative trends represented in the abolition of this excuse in some Arab laws and stated that it is an important step toward fairness for women, but it is not sufficient and requires other steps, so there is no limit to the adoption of a clear legislative plan with goals aimed at reaching radical remedies and decisive solutions that do not accept cutting or acting with ill-considered reactions, and in line with the provisions of Islamic law and relevant international agreements.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"33 1","pages":"46 - 77"},"PeriodicalIF":1.0,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44614340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-18DOI: 10.1080/08974454.2021.1962482
Krystal Roig-Palmer, Faith E. Lutze
Abstract Research in juvenile and criminal justice concerning how to assess and target interventions to LGBTQ+ youth and young adults is insufficient. With the proliferation of the Risk-Need-Responsivity Model (RNR), risk/need assessment tools have become evidence-based practice providing guidance to determining risk, identifying need, and the importance of targeting interventions to advance prosocial behavior. Critics have noted that during implementation of the RNR Model, the focus is too often on the risk principle at the expense of the need and responsivity principles. This study provides evidence from an intensive case study, and process evaluation of the Lambert House: LGBTQ+ Youth Community Center, that responsivity needs to be prominent when serving LGBTQ+ youth and young adults. Based on an analysis of 60 semi-structured interviews with program participants, staff, and community advocates, we argue that risk/need assessment tools driven by the RNR model be inclusive and responsive to LGBTQ+ youth and young adults.
{"title":"Confronting Oppression: Reframing Need and Advancing Responsivity for LGBTQ+ Youth and Young Adults","authors":"Krystal Roig-Palmer, Faith E. Lutze","doi":"10.1080/08974454.2021.1962482","DOIUrl":"https://doi.org/10.1080/08974454.2021.1962482","url":null,"abstract":"Abstract Research in juvenile and criminal justice concerning how to assess and target interventions to LGBTQ+ youth and young adults is insufficient. With the proliferation of the Risk-Need-Responsivity Model (RNR), risk/need assessment tools have become evidence-based practice providing guidance to determining risk, identifying need, and the importance of targeting interventions to advance prosocial behavior. Critics have noted that during implementation of the RNR Model, the focus is too often on the risk principle at the expense of the need and responsivity principles. This study provides evidence from an intensive case study, and process evaluation of the Lambert House: LGBTQ+ Youth Community Center, that responsivity needs to be prominent when serving LGBTQ+ youth and young adults. Based on an analysis of 60 semi-structured interviews with program participants, staff, and community advocates, we argue that risk/need assessment tools driven by the RNR model be inclusive and responsive to LGBTQ+ youth and young adults.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"32 1","pages":"2 - 28"},"PeriodicalIF":1.0,"publicationDate":"2021-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45184968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-07DOI: 10.1080/08974454.2021.1973941
S. Menon
This study explores the associations between family and school factors, and their relationship to criminal risk among post-adjudicated diverse young women. Cross-sectional data were collected throu...
{"title":"How Are They Different? An Exploration of Family and School Factors among Post-Adjudicated Young Women","authors":"S. Menon","doi":"10.1080/08974454.2021.1973941","DOIUrl":"https://doi.org/10.1080/08974454.2021.1973941","url":null,"abstract":"This study explores the associations between family and school factors, and their relationship to criminal risk among post-adjudicated diverse young women. Cross-sectional data were collected throu...","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44220686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-07DOI: 10.1080/08974454.2021.1973942
Jibran Jamshed
The aim of this study aims is to ask female lawyers about gender discrimination and sexual harassment in Pakistan, a conservative and patriarchal society. A cross-sectional survey was conducted amo...
{"title":"Gender Discrimination and Sexual Harassment in the Legal Profession: A Perspective from Patriarchal Society","authors":"Jibran Jamshed","doi":"10.1080/08974454.2021.1973942","DOIUrl":"https://doi.org/10.1080/08974454.2021.1973942","url":null,"abstract":"The aim of this study aims is to ask female lawyers about gender discrimination and sexual harassment in Pakistan, a conservative and patriarchal society. A cross-sectional survey was conducted amo...","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48336135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-02DOI: 10.1080/08974454.2021.1970694
Katarzyna Celińska, Irina Fanarraga, M. Cronin
Abstract In this study coping with imprisonment among female inmates, and how it relates to experiencing separation from family and friends, is being explored. Data was collected via a survey of 194 female inmates in a Northeastern state correctional facility for women. The self-reported data included the Brief COPE assessment, as well as demographic and “contact” variables: visits, phone calls, and letter writing. The findings indicate that female prisoners tend to utilize adaptive coping methods to deal with their imprisonment. Specifically, letter writing was found to be positively associated with adaptive coping. However, visits from family members and from children were correlated with maladaptive coping and contributed to explaining the Negative Coping Index. Based on the results of descriptive and multivariate analyses, the correctional policies are suggested to better assist female prisoners’ cope with their imprisonment.
{"title":"Female Inmates: Coping with Imprisonment and Separation from Family and Friends","authors":"Katarzyna Celińska, Irina Fanarraga, M. Cronin","doi":"10.1080/08974454.2021.1970694","DOIUrl":"https://doi.org/10.1080/08974454.2021.1970694","url":null,"abstract":"Abstract In this study coping with imprisonment among female inmates, and how it relates to experiencing separation from family and friends, is being explored. Data was collected via a survey of 194 female inmates in a Northeastern state correctional facility for women. The self-reported data included the Brief COPE assessment, as well as demographic and “contact” variables: visits, phone calls, and letter writing. The findings indicate that female prisoners tend to utilize adaptive coping methods to deal with their imprisonment. Specifically, letter writing was found to be positively associated with adaptive coping. However, visits from family members and from children were correlated with maladaptive coping and contributed to explaining the Negative Coping Index. Based on the results of descriptive and multivariate analyses, the correctional policies are suggested to better assist female prisoners’ cope with their imprisonment.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"32 1","pages":"325 - 341"},"PeriodicalIF":1.0,"publicationDate":"2021-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46380671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-30DOI: 10.1080/08974454.2021.1970696
Rahul Sinha-Roy, Matthew Ball
Abstract This paper argues that gay dating platform-facilitated crimes and abuses in India are produced and perpetuated by structural queerphobia and sex-negativity in Indian society. We illustrate how sex-negativity and queerphobia are embedded in Indian families, neighborhoods, criminal law, and the criminal justice system, which help produce/exacerbate these crimes. We offer some recommendations as to how these can be changed and posit that future empirical studies should focus on reforming societal structures producing/exacerbating these crimes. We also suggest that framing safe dating advice in a more sex-positive light will reduce self-blame and better address these issues. Overall, we contend that a sex-positive queer-criminological theoretical lens will offer more effective approaches on which to base preventative measures and assist in supporting those experiencing such crimes.
{"title":"Gay Dating Platforms, Crimes, and Harms in India: New Directions for Research and Theory","authors":"Rahul Sinha-Roy, Matthew Ball","doi":"10.1080/08974454.2021.1970696","DOIUrl":"https://doi.org/10.1080/08974454.2021.1970696","url":null,"abstract":"Abstract This paper argues that gay dating platform-facilitated crimes and abuses in India are produced and perpetuated by structural queerphobia and sex-negativity in Indian society. We illustrate how sex-negativity and queerphobia are embedded in Indian families, neighborhoods, criminal law, and the criminal justice system, which help produce/exacerbate these crimes. We offer some recommendations as to how these can be changed and posit that future empirical studies should focus on reforming societal structures producing/exacerbating these crimes. We also suggest that framing safe dating advice in a more sex-positive light will reduce self-blame and better address these issues. Overall, we contend that a sex-positive queer-criminological theoretical lens will offer more effective approaches on which to base preventative measures and assist in supporting those experiencing such crimes.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"32 1","pages":"49 - 65"},"PeriodicalIF":1.0,"publicationDate":"2021-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44954698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-27DOI: 10.1080/08974454.2021.1965067
W. Andresen
Abstract During the past fifty years, scholars have identified the following four ways that criminal defendants in the United States have used gay and trans panic defenses in murder cases involving victims who were gay men and transgender women: (1) insanity, (2) diminished capacity, (3) provocation, and (4) self-defense. While scholars have studied the first three defenses for gay men, little scholarship exists about the gay panic cases involving claims of self-defense. Additionally, there is a paucity of research regarding the trans panic defense. To address these empirical gaps, this research note uses open-source methods to study similarities between 99 homicide cases that occurred in the United States where criminal defendants made a gay or trans panic argument.
{"title":"Research Note: Comparing the Gay and Trans Panic Defenses","authors":"W. Andresen","doi":"10.1080/08974454.2021.1965067","DOIUrl":"https://doi.org/10.1080/08974454.2021.1965067","url":null,"abstract":"Abstract During the past fifty years, scholars have identified the following four ways that criminal defendants in the United States have used gay and trans panic defenses in murder cases involving victims who were gay men and transgender women: (1) insanity, (2) diminished capacity, (3) provocation, and (4) self-defense. While scholars have studied the first three defenses for gay men, little scholarship exists about the gay panic cases involving claims of self-defense. Additionally, there is a paucity of research regarding the trans panic defense. To address these empirical gaps, this research note uses open-source methods to study similarities between 99 homicide cases that occurred in the United States where criminal defendants made a gay or trans panic argument.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"32 1","pages":"219 - 241"},"PeriodicalIF":1.0,"publicationDate":"2021-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45170202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In spite of a democratic governance model, due to cis-heteronormativity, the rights of incarcerated transgender women in Costa Rica are routinely undermined by pervasive direct, social and structural violence. In effect, their incarceration is often preceded by victimization in the public and private spheres. This paper will use in-depth interviews carried out with incarcerated transgender women to examine the social factors contributing to their vulnerability and the State’s responsiveness to their needs. This will be complemented by a socio-legal analysis of the current criminal justice framework. Finally, will examine if there is compliance with international human rights conventions
{"title":"From Victimization to Incarceration: Transgender Women in Costa Rica","authors":"Gloriana Rodríguez Álvarez, Alejandro Fernández Muñoz","doi":"10.1080/08974454.2021.1965066","DOIUrl":"https://doi.org/10.1080/08974454.2021.1965066","url":null,"abstract":"Abstract In spite of a democratic governance model, due to cis-heteronormativity, the rights of incarcerated transgender women in Costa Rica are routinely undermined by pervasive direct, social and structural violence. In effect, their incarceration is often preceded by victimization in the public and private spheres. This paper will use in-depth interviews carried out with incarcerated transgender women to examine the social factors contributing to their vulnerability and the State’s responsiveness to their needs. This will be complemented by a socio-legal analysis of the current criminal justice framework. Finally, will examine if there is compliance with international human rights conventions","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"32 1","pages":"131 - 162"},"PeriodicalIF":1.0,"publicationDate":"2021-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44807534","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-17DOI: 10.1080/08974454.2021.1962481
Claire Nolasco Braaten, M. Vaughn
Abstract This article analyzes U.S. Circuit Courts of Appeals’ cases involving Title 42 U.S.C. §1983 actions filed by trans women inmates against corrections and/or medical officers for failure to provide hormone therapy and/or gender confirmation surgery (“GCS”) (N = 24). The courts varied in their decisions. The Ninth Circuit has been more progressive toward trans rights, holding that GCS can be medically necessary depending on the individualized needs of the transgender inmate because there is a medical consensus on the appropriateness of these treatments. The First and Fifth Circuits rejected requests for GCS because of the lack of medical consensus on the necessity of GCS. Both the Seventh and Eleventh Circuits held that failure to provide medically recommended care for a non-medical reason and unexplained delays in treatment can constitute deliberate indifference, violating the Eighth Amendment. Under Tenth Circuit precedent, prison officials are not deliberately indifferent for failing to provide hormone treatments.
{"title":"Litigation on Gender Confirmation Surgery and Hormonal Therapy among Trans Women Prisoners: Views from the U.S. Circuit Courts of Appeals","authors":"Claire Nolasco Braaten, M. Vaughn","doi":"10.1080/08974454.2021.1962481","DOIUrl":"https://doi.org/10.1080/08974454.2021.1962481","url":null,"abstract":"Abstract This article analyzes U.S. Circuit Courts of Appeals’ cases involving Title 42 U.S.C. §1983 actions filed by trans women inmates against corrections and/or medical officers for failure to provide hormone therapy and/or gender confirmation surgery (“GCS”) (N = 24). The courts varied in their decisions. The Ninth Circuit has been more progressive toward trans rights, holding that GCS can be medically necessary depending on the individualized needs of the transgender inmate because there is a medical consensus on the appropriateness of these treatments. The First and Fifth Circuits rejected requests for GCS because of the lack of medical consensus on the necessity of GCS. Both the Seventh and Eleventh Circuits held that failure to provide medically recommended care for a non-medical reason and unexplained delays in treatment can constitute deliberate indifference, violating the Eighth Amendment. Under Tenth Circuit precedent, prison officials are not deliberately indifferent for failing to provide hormone treatments.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"32 1","pages":"163 - 184"},"PeriodicalIF":1.0,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47420274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-13DOI: 10.1080/08974454.2021.1962478
A. Speckhard, Molly Ellenberg
Abstract As issues of repatriations of ISIS members and their families are hotly debated, exploring the factors that led over 40,000 men and women to leave their home countries to join ISIS is integral to rehabilitating and reintegrating these individuals. Understanding their experiences in ISIS is critical to deradicalization. This article uses primary data to explore vulnerabilities, motivations, influences, experiences, and sources of disillusionment among ISIS members through a gender-based perspective. Men and women’s ISIS trajectories were impacted and informed by gender, particularly by a desire to solidify masculine and feminine identities in ISIS’s Caliphate, where traditional gender roles were both glorified and brutally enforced.
{"title":"ISIS and the Allure of Traditional Gender Roles","authors":"A. Speckhard, Molly Ellenberg","doi":"10.1080/08974454.2021.1962478","DOIUrl":"https://doi.org/10.1080/08974454.2021.1962478","url":null,"abstract":"Abstract As issues of repatriations of ISIS members and their families are hotly debated, exploring the factors that led over 40,000 men and women to leave their home countries to join ISIS is integral to rehabilitating and reintegrating these individuals. Understanding their experiences in ISIS is critical to deradicalization. This article uses primary data to explore vulnerabilities, motivations, influences, experiences, and sources of disillusionment among ISIS members through a gender-based perspective. Men and women’s ISIS trajectories were impacted and informed by gender, particularly by a desire to solidify masculine and feminine identities in ISIS’s Caliphate, where traditional gender roles were both glorified and brutally enforced.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":"33 1","pages":"150 - 170"},"PeriodicalIF":1.0,"publicationDate":"2021-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46698254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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