Criminal Law (Books and Journals)
- Journal of Victimology and Victim Justice From No. 1-1, July 2018 to No. 5-2, October 2022 Sage Publications, Inc., 2021
- Unnes Law Journal From No. 1-1, April 2012 to No. 6-2, October 2020 Faculty of Law, Universitas Negeri Semarang, 2020
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Restorative Justice for Sexual Violence Offences in England and Wales: The Challenges Ahead
While an increased number of restorative justice (RJ) cases involving sexual violence are observed across England and Wales, the extent and scope of its use remain unclear. This article presents the findings of a brief survey distributed amongst RJ practitioners across England and Wales which aimed to understand the use of RJ in cases of sexual violence. We found that while RJ is widely used in...
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A Socio-legal Study in the Cambodian Ponzi Scheme: With Reference to Japan and the United States
This article recommends establishing an investment fraud investigation, a Customer Consultant Agency and a Victim’s Fund Recovery Team to address the problem of the Ponzi scheme in Cambodia. Furthermore, the paper also details how the enactment and law reform prevent customers or investors from becoming the scheme victims and improve prevention, detection, prosecution and fund recovery through...
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Digital Evidence in Police Investigation: A Comparative Analysis of Challenges Faced in India, the UK and the United States
This research explores the challenges posed by the use of digital evidence in criminal investigations, particularly in the context of fair trial and the presumption of innocence. The article identifies three key issues that could compromise the impartiality and presumption of innocence in investigations, namely, improper and inconsistent use of technology, outdated procedural assurances and a...
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Access to Justice for Victims of Crime in India: An Analysis of Section 372 CrPC
This article focuses on the right of victims to invoke Section 372 of the Code of Criminal Procedure. In India, over the past decade or so, concerns about victims of crime have increased significantly and the need for victims to participate in criminal proceedings has practically been built into the legal framework. Perhaps, the judicial process lacks in assisting the victims in a trial. This...
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Twitter-generated Moral Panic and Its Effect on Pretrial Incarceration/ Bail: Contextualizing the Tale of ‘Folk Devil’ Aryan Khan
The Narcotic Drugs and Psychotropic Substances (NDPS) Act, which was enacted with an intent to control drug abuse and prohibit its trade, has blurred the line between the offender and the victim, particularly in cases of addicts. Nonetheless, the focus of this study is the multifarious victimization of the offender: overcriminalization in terms of measures, lengthy pretrial incarceration and...
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Child Victims’ Interactions with Criminal Justice: An Observational Study in West Bengal
Crime occurrence has a serious impact on its victims; the toll is even greater when it concerns children. They have to undergo severe physical, psychological and emotional trauma in the aftermath of a crime. When children interact with the criminal justice system, they are put through the gruelling processes of the police investigation, recording statements, medical examination, appearance in...
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Genesis of Crime and Victim in a Commodity-exchange Society: Theoretical and Empirical Underpinnings of the Rise in Cyber Crimes in India
How is criminality, as a social relation, defined and redefined? Scholars have often explained the same through change in material realities in the political economy. This article attempts to answer the same by premising on Pashukanis’ theory of commodity exchange. He claimed that the definition and progression of criminal liability as a social category resulted from how commodity was exchanged...
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It Is Not Your Fault, Tell Someone: Case Studies of Young Women’s Experiences of Online Grooming in England
This research study aimed to explore how young people experience cybercrime, with the study being inductive. Thus, the type of crime(s) emerged from the convenience sample and so happened to be online grooming of young women. Using the case study method, two semi-structured interviews were conducted with young women who were ages 12 and 16 (at the time of the study) with in-depth information...
- Do Offenders [Fraudsters] ‘Collaborate and Listen’? A Quantitative Analysis of Fraudsters’ Decision-making Processes on Active Cybercrime Marketplaces
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Surrogacy Contract: Issues and Challenges
The recent addition of the laws relating to surrogacy in India has widened the scope of this practice and opened the gates for discussions as to the contractual obligations of the parties. This article talks about how the laws relating to surrogacy evolved in India after independence. It also emphasizes the rights of the parties as mentioned in the Surrogacy Regulation Bill, 2020. Further, it...
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Patterns of Victimization and Gender: Linking Emotion, Coping, Reporting and Help-seeking
This paper aims to systematically address the differing experiences of men and women across the process of victimization and to situate the findings in terms of gendered differences in coping behaviours. The significance of gender and related emotional responses across four stages of victimization—risk, reporting to the police, service use and satisfaction—are explored via a series of logistic...
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Patterns of Victimization and Gender: Linking Emotion, Coping, Reporting and Help-seeking
This paper aims to systematically address the differing experiences of men and women across the process of victimization and to situate the findings in terms of gendered differences in coping behaviours. The significance of gender and related emotional responses across four stages of victimization—risk, reporting to the police, service use and satisfaction—are explored via a series of logistic...
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Testing Relationships Between Exposure to Violence and Substance Use: Comparing Cognitive and Mental Health Mediation and Integrating Propensity Score Matching
Exposure to violence has been identified as a robust risk factor for substance use. While criminological theories have also been demonstrated to be relevant for predicting this behaviour, there is limited research that compares the role that exposure to violence plays in this regard across multiple theories. There have also been issues in not accounting for pre-existing levels of mediators in...
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Testing Relationships Between Exposure to Violence and Substance Use: Comparing Cognitive and Mental Health Mediation and Integrating Propensity Score Matching
Exposure to violence has been identified as a robust risk factor for substance use. While criminological theories have also been demonstrated to be relevant for predicting this behaviour, there is limited research that compares the role that exposure to violence plays in this regard across multiple theories. There have also been issues in not accounting for pre-existing levels of mediators in...
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The Primary Prevention of Female Sexual Offending: Current Opportunities
A public health approach to the primary prevention of sexual offending has generated positive outcomes. Recent campaigns have challenged societal stereotypes of sexual offenders; changed organizational policies and increased public knowledge. However, primary prevention has largely been missing for female sexual offenders. This is because female sexual abuse has generated much less attention than
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The Primary Prevention of Female Sexual Offending: Current Opportunities
A public health approach to the primary prevention of sexual offending has generated positive outcomes. Recent campaigns have challenged societal stereotypes of sexual offenders; changed organizational policies and increased public knowledge. However, primary prevention has largely been missing for female sexual offenders. This is because female sexual abuse has generated much less attention than
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Prisoners Are Too ‘Victims’ of the Criminal Justice System. Can They Have an Idea of ‘Fair Access to Justice’?
Injustice to society is antithetic to social order. The strength of the criminal justice system comes from a cluster of police, prison and court. This article portrays the work of providing free access to socio-legal aid and socio-legal counselling services, to the marginalized undertrial prisoners who had been imprisoned for years despite the ‘due process of law’ and the lack of proper legal...
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‘They Smashed the Heads of Their Victims with Grinding Stone’: Badoo Cult Gang and Victimization Experiences in Lagos State
Violent cult gangs are ubiquitous in Nigeria, with their activities threatening peace and security wherever it occurs. While there are many violent gangs in Lagos state, not all carry the appellation of violent ritual gang like the Badoo cult gang that operated in Ikorodu, Lagos State between 2016 and 2018. This study examines the victim selection strategy, victim experiences and modus operandi...
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Prisoners Are Too ‘Victims’ of the Criminal Justice System. Can They Have an Idea of ‘Fair Access to Justice’?
Injustice to society is antithetic to social order. The strength of the criminal justice system comes from a cluster of police, prison and court. This article portrays the work of providing free access to socio-legal aid and socio-legal counselling services, to the marginalized undertrial prisoners who had been imprisoned for years despite the ‘due process of law’ and the lack of proper legal...
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Exploring the Potentials of Restorative Justice Mechanisms (SOTP AND COSA) in Treating Child Sexual Offenders in India
For most restorative justice (RJ) promoters, RJ is consequentialist, philosophical, methodological and political. The efficiency and success of RJ can be drawn from the person’s ability to judge and act (act of regret). Treatment of offenders and their participation to a great extent determines the viability of reducing child sexual abuses (CSA). Programmes such as Sex Offender’s Treatment...
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‘They Smashed the Heads of Their Victims with Grinding Stone’: Badoo Cult Gang and Victimization Experiences in Lagos State
Violent cult gangs are ubiquitous in Nigeria, with their activities threatening peace and security wherever it occurs. While there are many violent gangs in Lagos state, not all carry the appellation of violent ritual gang like the Badoo cult gang that operated in Ikorodu, Lagos State between 2016 and 2018. This study examines the victim selection strategy, victim experiences and modus operandi...
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Exploring the Potentials of Restorative Justice Mechanisms (SOTP AND COSA) in Treating Child Sexual Offenders in India
For most restorative justice (RJ) promoters, RJ is consequentialist, philosophical, methodological and political. The efficiency and success of RJ can be drawn from the person’s ability to judge and act (act of regret). Treatment of offenders and their participation to a great extent determines the viability of reducing child sexual abuses (CSA). Programmes such as Sex Offender’s Treatment...
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A Review of Modern Slavery in Britain: Understanding the Unique Experience of British Victims and Why it Matters
This article offers an original contribution to the field of victimization studies by investigating the current context of, and responses to, British nationals who are victims of modern slavery in the UK (BVs). Through the examination of National Referral Mechanism and Duty to Notify statistics, a current picture of specific experiences of BVs in the UK is illustrated with reference to...
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Marital Rape: Legal Status and Development
Marriage is a pillar of humanity and plays a crucial role in the development of both women and men in society. There are various national and international legislations, which aim at protecting women; however, in a marital relationship, rape is yet not considered as a serious offence. Marital rape is one such concept, which is difficult to understand and comprehend by society in general. However,
- Exploring the Effectiveness of Legislation Combating Digital Non-consensual Sexually Explicit Image Distribution
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A Review of Modern Slavery in Britain: Understanding the Unique Experience of British Victims and Why it Matters
This article offers an original contribution to the field of victimization studies by investigating the current context of, and responses to, British nationals who are victims of modern slavery in the UK (BVs). Through the examination of National Referral Mechanism and Duty to Notify statistics, a current picture of specific experiences of BVs in the UK is illustrated with reference to...
- Editorial
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Procedural Limitations of Victim Impact Statement in India: A Critical Analysis
To empower victims and ensure the protection of their rights, the lawmakers and the courts are emphasizing the need to introduce victim impact statements (VIS) in the Indian criminal justice system. A VIS is a written or oral statement given by the victim during the trial. It helps judges to assess the real physical, financial, and psychological damage of that crime on the victim and to determine
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Marital Rape: Legal Status and Development
Marriage is a pillar of humanity and plays a crucial role in the development of both women and men in society. There are various national and international legislations, which aim at protecting women; however, in a marital relationship, rape is yet not considered as a serious offence. Marital rape is one such concept, which is difficult to understand and comprehend by society in general. However,
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Addressing the Needs of Victims: The Standpoint of Crime Victims Within the Obuasi Municipality
The criminal justice system lacks the protection for most victims and does not provide adequate compensation and rewards for an injury that individuals incurred during a crime experience to meet crime victims’ needs. After victims report a crime, they expect the judicial system to deliver justice to meet their needs in addressing their concerns. However, this is lacking in the criminal justice...