Criminal Law (Books and Journals)
186 results for Criminal Law (Books and Journals)
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Journal of Victimology and Victim Justice From No. 1-1, July 2018 to No. 7-2, October 2024 Sage Publications, Inc., 2021
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Leveraging Victim Voices: Unveiling True Needs Through Natural Language Processing in Trauma Narratives
This article explores the intersection of technology, particularly artificial intelligence and anti-human trafficking and child sexual exploitation (CSE) initiatives. Despite the promises of technology, the overall effectiveness in addressing these crimes is limited. The authors argue that a key factor contributing to this limitation is the insufficient understanding of the crimes, rooted in the...
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Elderly Victimization in the Context of Witchcraft Accusations and Persons Accused of Witchcraft Practices Living Within the Gambaga Witches’ Camp: Understanding of Human Rights
The practice of sociocultural belief systems in Ghana such as witchcraft accusations leads to situations where some elderly people in the northern part of Ghana are likely to be victimized based on sociocultural belief systems. Persons accused of witchcraft practices can be denied some of their basic fundamental human rights. The lack of a clear understanding of human rights standards among many...
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Unravelling the Factors of Acceptance of Violence in Marriage by Women: Insights on Deficit of Reporting Cases of Domestic Violence in Empowered Action Group (EAG) and States of South India
Globally, 30% women, in a relationship, have been experiencing both physical and sexual violence by their intimate partners, particularly in the South-East Asian region. The grave reality of violence in marriage is the acceptance and justification of wife beating by women themselves. Recent cross-sectional studies have pointed out that a woman’s acceptance of wife abuse is related to her actual...
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The Protection of Children from Sexual Offences Act (POCSO), 2012: The Precincts of the Law and Judicial Expositions
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is aimed to safeguard minor(s), who is less than 18 years old, from crimes involving sexual assault, harassment, pornographic and to offer a minor, a congenial legal system for cases involving such wrongdoings. The ‘best interest of the child’ premise is given first priority, and it also aims to protect minors throughout the...
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Gender, Age and Victimization Risk Among Missing Persons
The purpose of this study was to examine the risk of victimization among missing persons and the ways in which gender and age shape this relationship. From a sample of 1,847 missing persons reports, multiple logistic regression was used to estimate victimization risk when missing, disaggregated by gender and age group and including vulnerability factors (i.e., the reasons for victimization risk).
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Police, Victim and Co-victim Interaction: Insights from Australia
Interacting with victims and co-victims of crime and other calls for help are a daily routine for police forces, and there have been many attempts to improve this vital function of policing in modern democratic societies. However, some groups in Australia remain unconvinced by police actions when they report incidents and are suspicious of the response they receive. This article provides insights
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Criminal Justice Responses to Sex Trafficking in West Bengal, India: A Representative Study from Victims’ Lenses
Known to be the oldest crime on earth, human trafficking has existed as an illegal industry from time immemorial. Statistics reveal that every year, 1–2 million men, women and children are trafficked worldwide, and about 0.22 million (225,000) are from South Asia. Amongst the South-Asian countries, India faces a high-ceilinged rate of sex trafficking and although it made its anti-trafficking...
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Impact of Multiple Minority Statuses: An Examination of Violent Victimization, Police Reporting and Perception of Police Bias
Individuals who identify as belonging to multiple marginalized groups experience disproportionate violent victimization yet are reluctant to inform the police following an incident. Perceptions of the police as biased may influence whether victims report. This study examines low socio-economic and sexual orientation/gender-identity (SOGI) minority statuses on experiencing violent victimization,...
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Making a Case for Incorporating Victim–Offender Mediation into the Criminal Justice System of Trinidad and Tobago
The Criminal Procedure Rules were implemented in 2016 by virtue of Legal Notice No. 55/2016 with an emphasis on the disposition of and dealing with matters ‘justly’. This ambitious objective cannot be accomplished by solely adhering to the legal framework that currently governs the criminal justice system. Restorative justice has been seen as an opportunity and an approach for victims and other...
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An Analysis of True Crime’s Treatment of Murder Victims
True crime is a non-fiction genre that focuses on real crimes and those who were involved. As one may expect, this brings attention to victims of violent crimes. With such a delicate topic, true crime needs to maintain ethical practices. Many have speculated that victims are disrespected in these retellings, but in pre-existing research, no one has measured the extent of this disrespect. As such,
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Crime Incidents and Victim Demographics: An Examination of Reporting Behaviours
The present study used data from the National Crime Victimization Survey from 1994 to 2020 to examine reporting behaviours of respondents. The study aimed to identify if the presence of a weapon, and an offender being a stranger, impacted whether a victim reports the crime to law enforcement. Demographic variables (e.g., sex, age and income) and crime incident-related variables (e.g.,...
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Issues and Challenges Concerning Mental Health in India: Time to Brood Over
Good mental health is obligatory for a high quality of life. One’s wellness is tested by the daily life-challenging situations relating to family, work and environment. Everyone experiences stress and strain throughout their life. Mental health issues continue to be a sombre issue that affects individuals of all age groups and communities throughout the orb. The fundamental cause of mental health
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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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Negative Responses to Child Sexual Abuse: A Manifestation of Intolerance
Recently, there has been an increased societal focus on the boundaries of sexual behaviours. During a time when victims and survivors of unwanted sexual experiences are encouraged to come forward, it is vital to understand what makes people respond negatively to such disclosures. This study aimed to examine how endorsement of stereotypical ideas of Child Sexual Abuse (CSA) and response to CSA...
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‘If We Must Wait for Total Peace Before Thinking of Returning, We May Never Have a Place Called Home’: Support Mechanisms for Displaced Victims of Herder-Farmers Conflict in Benue State, Nigeria
This research investigates the relationship between reintegration outcomes and support systems for displaced populations, with a focus on agricultural communities and returnees in Benue state, Nigeria. The study examines the impact of displacement experiences and return settings on reintegration, as well as the subjective evaluations of individuals regarding their support systems and its...
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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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‘If We Must Wait for Total Peace Before Thinking of Returning, We May Never Have a Place Called Home’: Support Mechanisms for Displaced Victims of Herder-Farmers Conflict in Benue State, Nigeria
This research investigates the relationship between reintegration outcomes and support systems for displaced populations, with a focus on agricultural communities and returnees in Benue state, Nigeria. The study examines the impact of displacement experiences and return settings on reintegration, as well as the subjective evaluations of individuals regarding their support systems and its...
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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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Negative Responses to Child Sexual Abuse: A Manifestation of Intolerance
Recently, there has been an increased societal focus on the boundaries of sexual behaviours. During a time when victims and survivors of unwanted sexual experiences are encouraged to come forward, it is vital to understand what makes people respond negatively to such disclosures. This study aimed to examine how endorsement of stereotypical ideas of Child Sexual Abuse (CSA) and response to CSA...
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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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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...
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Do Offenders [Fraudsters] ‘Collaborate and Listen’? A Quantitative Analysis of Fraudsters’ Decision-making Processes on Active Cybercrime Marketplaces
Research suggests that an offender–victim overlap within the physical and online environment exists. Therefore, it is unsurprising that online fraudsters have victimized each other (i.e., offender-victims) online. However, research is limited regarding the influence that the situational environment (e.g., online and cyberspace) has on online offender [fraudster] decision-making processes and...
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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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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...