Search Results (172)

In continental legal systems, the regulation of mediation in criminal matters is generally characterised by legislative restraint and a relatively low degree of normative elaboration. This is particularly evident in the case of post-sentencing mediation, especially mediation conducted during the execution of a custodial sentence, which in many jurisdictions lacks an explicit statutory basis. In some legal systems, the admissibility of mediation at the sentence-enforcement stage has not yet been conclusively determined. Paradoxically, however, this regulatory uncertainty creates a fertile field for scholarly inquiry, as de lege ferenda proposals may substantially influence both future mediation practices and the development of legal frameworks governing restorative justice. Against this background, this article explores the potential role of prison chaplains as mediators in penitentiary settings, examining both the opportunities and the limitations associated with such a model. The ministry of chaplains should not be viewed solely through the prism of their traditional pastoral and supportive functions towards inmates, but also in light of the professional standards and ethical requirements applicable to mediation. In this context, the study analyses the extent to which the role of a chaplain may be reconciled with the principles of mediator impartiality, neutrality, and professional competence. The article further argues that the development of a coherent framework for penitentiary mediation should encompass three distinct contexts: mediation conducted during pre-trial detention, mediation undertaken during the execution of a sentence following a final judgment, and mediation relating to new offences committed within penitentiary institutions against fellow inmates or prison staff. Drawing on mediation practice and empirical research, including interviews with prison chaplains, the study formulates criteria for determining mediator status and qualifications and compares them with the legal and organisational principles governing religious ministry in correctional institutions. The analysis ultimately contributes to the broader debate on the institutionalisation of restorative justice mechanisms within the penitentiary system. Full article

Recidivism prediction is increasingly embedded in criminal justice decision-making, yet most deployed systems remain opaque and have been shown to exhibit discriminatory behavior against certain demographic groups. This paper presents a fairness-aware interpretable framework for recidivism prediction applied to three real-world datasets from Bulgaria, Greece, and Portugal. The classification core relies on a 1-Dimensional Convolutional Neural Network (1D-CNN), trained by a custom objective function that embeds the Equalized Odds fairness criterion as an L1-regularized penalty reflecting on gender-based disparities in false positive and false negative rates. Model-level interpretability is provided through Kernel SHAP, which decomposes individual predictions into additive feature attributions grounded in cooperative game theory. Experiments across prediction tasks, each evaluated over randomized runs, demonstrate that the baseline model exhibits statistically significant bias against the female group in all datasets. The fairness-constrained model substantially reduces these disparities across all tasks at a moderate and expected cost to classification accuracy. Kernel SHAP analysis reveals the relative contribution of static and dynamic offenders’ attributes to individual risk scores, supporting auditability and contestability. The proposed framework advances the integration of predictive performance, algorithmic fairness, and structural interpretability in criminal justice analytics. Full article

Most delinquent behavior occurs within age-homogeneous peer groups. Using incident-level data from the National Incident-Based Reporting System (NIBRS), this study reassesses the extent to which contemporary juvenile group offending reflects peer-only networks versus cross-age collaboration. Results show that while juvenile-only groups remain the dominant pattern, approximately one-third of co-offending incidents involve adult participants. Mixed-age groups are associated with group size, offense type, and situational context, and are especially common in serious offenses such as homicide, aggravated assault, and drug crimes. Mixed-age co-offending is also associated with greater offense severity, particularly higher odds of victim physical injury. These findings have important implications for the criminal justice system’s response to juvenile crime. While most juvenile offending diversion programs currently focus on interventions that counter peer influence and reduce the time spent with peers engaging in antisocial behavior, intervention strategies that also address the facilitating role of adult co-offenders may also be necessary. Full article

In recent years, artificial intelligence (AI) has been increasingly used in criminal justice systems across the world. To achieve objectives set out through Sustainable Development Goals (SDGs), adoption of technology is inevitable and undeniable. The press release dated 25 February 2025 from India’s Ministry of Law and Justice, quoting Prime Minister of India Narendra Modi to make a “justice system that will be fully future-ready”, confirmed that the Indian law enforcement agencies are integrating AI into policing and law enforcement to enhance crime detection, criminal investigation, etc. It is intended to enhance their capabilities in solving criminal cases and delivering justice speedily and more efficiently. However, the usage of AI tools in such contexts presents a double-edged sword, as evidenced by their application in a number of cases across the world like Christopher Gatlin, Nijeer Parks, the Harm Assessment Risk Tool (HART), and in India during the 2020 Delhi riots cases. As reported by the Washington Post, in Christopher Gatlin’s case it was found that the police arrested him on the basis of the facial recognition programme matching his face with the captured video footage. He spent 17 months in jail before his release by the court, observing that the police failed to conduct fair investigation. A similar incident was reported by NJ.com and CNN Business. In the investigations following the 2020 Delhi riots, Delhi Police effected over 1900 arrests in 758 riot-related cases, relying predominantly on AI-driven facial recognition matches. Subsequent court scrutiny in decided cases raised questions about reliability, leading to widespread acquittals and discharges of the accused in 82% of decided cases as of early 2025. In certain cases, AI-driven solutions have failed, leading to criminal prosecutions of innocent people based on AI-generated evidence. This study examines the reliability, validity, and ethics of AI technology in the criminal justice system in India’s unique socio-legal and political environment. The researchers analyse three interrelated axes. First, a comprehensive review of the international algorithmic policing literature to identify successes and failures. In addition, cases of AI-assisted investigations during the Delhi riots show how facial recognition systems and other AI techniques were used for inquiry. Finally, stakeholders’ perspectives, including a preliminary survey of 27 legal experts showing strong consensus on classifying AI-FRT outputs strictly as corroborative evidence and highlighting BSA insufficiencies for addressing opacity and explainability, help identify practical, procedural, and normative fault lines. Researchers noted that while AI has the potential to revolutionise resource-constrained investigative agencies, its unquestioning and uncritical adoption risks amplify pre-existing biases, undermine presumptions of innocence, and shift the burden of refuting algorithmic inference onto the accused. Independent algorithmic audits, transparent documentation of error rates and confidence thresholds, statutory guidelines on AI tool use and admissibility, and sustained capacity-building throughout the justice delivery chain are needed to integrate it into the Indian criminal justice system. Without such measures, the very tools designed and introduced to enhance accuracy threaten to undermine the fundamental norms of the criminal justice system such as fairness and due process. This fills a gap in doctrinal analysis of AI-specific evidentiary admissibility in non-Western contexts like India. This study aims to propose policy reforms, enhance judicial discourse, and promote a more circumspect trajectory for AI adoption in Indian law enforcement by mapping the potential and risks of algorithmic evidence in a non-Western legal order. Full article

Risk assessment tools are used in criminal justice to evaluate an individual’s likelihood of reoffending. There is a growing discussion around the use of artificial intelligence (AI) and machine learning (ML) in algorithmic risk assessment (ARA). This survey examines the use of and the potential for bias in the use of ARA in criminal justice. Through a structured interdisciplinary review of recent research on the impact of ARA, this investigation examines the tools currently being used and whether there is evidence that ARA tools contribute to bias. Included papers were collected from Google Scholar and the ACM Digital Library and have been published since 2015, discuss AI, and focus on the adult justice system in the US, yielding 56 studies. In total, 79% of the surveyed literature concluded that AI and ML can or do contribute to biased performance in risk assessment. The two most recorded sources of bias were the use of historical court records as training data and the use of variables or features that correlate strongly with race, gender, age, or other protected attributes, while noting that this result relies heavily on a small number of real-world observations, most notably the COMPAS dataset collected in Broward County. The recorded benefits of ARA included efficiency and resource utilization. The use of AI-derived risk assessment tools is growing and holds the potential to affect a lot of lives. It is important to examine and consider the implications of their use, especially involving bias and fairness in criminal justice decision-making. Full article

AI systems generate ethical tensions that cannot be addressed through principle-based guidance alone. This paper brings forward an Integrated Axiology–MCDA Framework for AI ethics that distinguishes intrinsic, instrumental, and relational values and uses multi-criteria analysis to operationalize value pluralism in practice. The framework structures ethical evaluation by making value commitments explicit, enabling transparent examination of trade-offs, and supporting context-sensitive judgment. A healthcare hyper-scenario with sensitivity analysis shows how different weight configurations influence the relative acceptability of diagnostic systems and clarifies the thresholds at which accuracy considerations outweigh privacy or fairness. Cross-domain applications in education, criminal justice, and finance further illustrate how domain-specific value tensions require distinct criteria sets and weighting structures. The analysis shows that ethical challenges in AI arise from genuine value pluralism. Explicit value classification enables more accountable decision making across the AI lifecycle. Full article

This article examines how domestic violence victim-survivors in County Durham, the north-east of England, experience help-seeking across criminal justice systems (CJSs) and women’s organisations. County Durham, an area recording the highest rate of repeat domestic violence incidents in England and Wales yet among the lowest rates of protective order applications, makes the gap between national reform and victim-survivors’ experiences visible. Drawing on semi-structured interviews with thirteen women who experienced domestic violence and engaged with both statutory and community-based responses, the article employs a survivor-centred analytical framework informed by scholarship on coercive control and legal systems abuse. The analysis reveals four interconnected themes: (i) coercive control as a cumulative pattern of harm (ii) the continuation and escalation of abuse post-separation across emotional, digital, administrative, and legal systems; (iii) the reproduction of powerlessness and loss of agency through evidentiary demands, procedural disempowerment, and institutional disbelief within the CJS; and (iv) the contrasting role of women’s organisations, which restore agency. Building on these findings, the article argues that the CJS do not merely fail domestic abuse survivors; they may reproduce the conditions coercive control depends on. In this context, women’s organisations function not as supplementary services but as essential sites of interruption that restore agency. Full article

Beliefs about free will shape how individuals judge moral responsibility and support different forms of punishment. Most research has relied on single-country samples, limiting understanding of how cultural and institutional contexts might influence these beliefs. Therefore, this study compared free will beliefs and punitive attitudes across three nations with contrasting justice traditions: Norway and Sweden, which emphasise rehabilitation and are more compatible with determinist perspectives, and the United Kingdom, which has historically incorporated stronger libertarian and retributive elements. A total of 328 participants (98 Norwegian, 115 Swedish, 115 British) completed measures of libertarian free will, determinism, and dualism, alongside a task assessing preferred severity of punishment for a hypothetical crime. The results showed that British participants scored higher on libertarian free will and dualism, whereas Norwegian and Swedish participants reported lower overall free will beliefs and selected less severe punishments. Across the full sample, stronger belief in free will was associated with harsher sentencing preferences, while associations involving determinism and dualism were more varied. These findings indicate that national context may play a role in shaping free will beliefs and punishment attitudes, suggesting that both cultural and institutional features could contribute to differences in how individuals judge responsibility. Full article

Automatic license plate reader (ALPR) cameras and gunshot detection system (GDS) technology represent rapidly expanding forms of surveillance. Despite their prevalence, empirical literature regarding these tools remains limited, particularly concerning their geographic distribution across the United States. This study addresses this gap by conducting a geospatial analysis of crowdsourced ALPR and GDS locations throughout Virginia. Utilizing Geographic Information Systems (GIS), we mapped the concentrations of this technology and analyzed the racial demographic profiles of the most heavily surveilled communities. Our results identify distinct clusters of surveillance technology hubs across Virginia. In these high-intensity areas, surveillance technology is frequently concentrated in and around communities of color. These findings carry an array of implications, including the risk that over-surveilled neighborhoods may disproportionately suffer from the abuse or misuse of these tools. Furthermore, this distribution reflects a historical legacy within the criminal justice system of disproportionately monitoring marginalized populations. The limitations of this analysis are equally revealing: the reliance on crowdsourced data due to a lack of verifiable, publicly accessible coordinates underscores an ongoing lack of transparency. Full article

The conviction rate for sexual assault and rape in the UK has decreased since the 1980s. In part, this has been due to survivors’ negative experiences during their journey through the criminal justice system. While thorough reviews of the criminal justice system have taken place and recommendations have been made, there is a lack of psychological evaluation of the effects of this journey. In this study, we interviewed eight survivors who had gone through the criminal justice system, asking about their experiences and their impact. Thematic analysis, with triangulation, was undertaken, revealing that the negative experiences of feeling let down and the disjointed communication led to prolonged mental health difficulties. The interrelated subthemes highlighted how survivors’ expectations, potentially from seeking justice, were different from reality. Their reality of delayed, poor, and misguided communication from members of the criminal justice system made them feel abandoned, helpless, and powerless. The consequence of this was negative strain, additional trauma, and prolonged distress. These results are interpreted within a framework of the practicalities of investigating serious sexual assault and how best to support survivors of sexual violence while they are treated as witnesses under the criminal justice system in the UK. Full article

Large language models (LLMs) have revolutionized natural language processing, but their susceptibility to biases poses significant challenges. This comprehensive review examines the landscape of bias in LLMs, from its origins to current mitigation strategies. We categorize biases as intrinsic and extrinsic, analyzing their manifestations in various natural language processing (NLP) tasks. The review critically assesses a range of bias evaluation methods, including data-level, model-level, and output-level approaches, providing researchers with a robust toolkit for bias detection. We further explore mitigation strategies, categorizing them into pre-model, intra-model, and post-model techniques, highlighting their effectiveness and limitations. Ethical and legal implications of biased LLMs are discussed, emphasizing potential harms in real-world applications such as healthcare and criminal justice. By synthesizing current knowledge on bias in LLMs, this review contributes to the ongoing effort to develop fair and responsible artificial intelligence (AI) systems. Our work serves as a comprehensive resource for researchers and practitioners working towards understanding, evaluating, and mitigating bias in LLMs, fostering the development of more equitable AI technologies. Full article

Background: Sexual Assault Care Centres (SACCs) in Belgium provide integrated medical and psychological care, a forensic examination and the option to report to the police to victims of sexual assault (SA). Understanding victims’ acceptability of these services is essential for improving SACC’s effectiveness and informing policy. Methods: In-depth interviews were conducted with 19 victims and 14 support persons to explore victims’ experiences with SACCs. The victims represented diverse characteristics (gender, age, SACC site and police reporting status). Data were analysed using thematic framework analysis, guided by Sekhon’s “Theoretical Framework of Acceptability”. Results: Participants viewed SACCs as a highly acceptable integrated model of specialised care for victims of recent SA. They expressed strong appreciation for the care provided at the SACC and its set-up (affective attitude), and they identified key professional qualities of SACC professionals (ethicality). Participants demonstrated good understanding of the functioning of the SACCs (intervention coherence). The model was perceived as effective in providing medical care, mental health support, and facilitating police reporting, though gaps were noted in linking victims with other actors in the criminal justice system (perceived effectiveness). Organisational strengths included the holistic, long-term, proactive, affordable and accessible nature of the care offered (perceived effectiveness, burden and opportunity cost). Victims faced challenges in linking to, engaging with and remaining in care due to distress post-SA, with support persons playing a crucial role in helping them navigate these challenges (self-efficacy). Conclusions: The study highlights the acceptability of an integrated, multidisciplinary approach to specialised SA care. Key elements include embedded psychological support, the option for forensic examination without mandatory reporting, and the possibility of police reporting at the SACC. These findings may inform the development of specialised SA services in other settings. Full article

Social workers are an integrated part of the criminal justice system. In this field, criminal justice social workers (CJSWs) face challenges related to structure and professional autonomy. During the COVID-19 pandemic, correctional services (CS) implemented strict infection control measures through early releases, lockdowns in prisons with isolation, and the cessation of visits. This research explores how CJSWs experienced working during the COVID-19 pandemic, with a specific focus on perceived influence on their working conditions, changes in users’ needs, and adaptation to new demands related to infection control. This is a mixed-methods study of a small sample of social workers in Norway’s criminal justice sector (N = 75). Findings indicated that they experienced a negative impact of COVID-19 on their contact with colleagues and their target group, as well as on their ability to provide services to the latter. In addition, there is an indication of a heavier workload for CJSWs during COVID-19. Our results are analysed using the job demand–resource model (JD-R). The results suggest that infection control measures created additional demands and strain on CJSWs in caring for vulnerable and at-risk groups, while at the same time reducing contact with their own colleagues and supervisors, experiencing what we address as a ‘double negative’. Full article

Men who have used violence against intimate partners remain an under-researched population, despite their potential to advance understanding of motivations and relational dynamics underlying such behavior. This study employed semi-structured interviews and interpretative phenomenological analysis to examine the lived experiences of five adult men with histories of partner violence. A superordinate theme, Chaotic Interpersonal and Systemic Relationships, encompassed five experiential themes describing volatile partnerships shaped by mutual vulnerabilities. Participants commonly reported trauma histories and/or antisocial traits influencing partner selection, with abuse experienced as bidirectional. Disillusionment emerged when participants perceived that the mutual nature of violence was unacknowledged, limiting their engagement in meaningful change. Although behavior change programs were often understood at a conceptual level, participants struggled to translate insight into sustained behavioral transformation. Consistent with post-traumatic growth theory, participants described developing greater personal responsibility and more constructive views of relationships over time. Greater systemic recognition of bidirectional violence, identified in the literature as a prevalent form of intimate partner violence, may strengthen the therapeutic alliance and support more nuanced etiological inquiry. Shifting systemic responses from deficit-based, gendered models toward strength-based approaches may better harness men’s capacity for more permanent positive psychological and behavioral change. Full article

This paper draws on Michel Foucault’s analysis of disciplinary power to examine the history of penal punishment and Buddhist chaplaincy at Lüshun Prison in Dalian during Japan’s colonial rule (1905–1945). The goal is to call into question the dominant understanding of Japanese prison system as simply an apparatus of naked colonial oppression by exploring the contradictions and limitations in the penitentiary system of Japan as an empire and a modern nation-state. The research is based on official prison documents, True Pure Land Buddhist Honganji sect archival sources, local Chinese publications, oral testimonies from the 2000s, interviews with descendants, and fieldwork at Lüshun Prison. The first part introduces the history of Lüshun Prison and the second explains the prison as a modern criminal justice institution embodying the Benthamian panopticon principle and modern disciplinary power. The third part examines the brutal corporeal punishment at Lüshun Prison and explores how the prison combined deliberate strategies of disciplining manipulation with bodily punishment to (re)create disciplined and subjected individuals. The fourth and fifth parts focus on Buddhist chaplaincy at Lüshun Prison as a disciplining practice. The fourth considers the limits of Buddhist chaplaincy by showing the depoliticized Buddhist doctrine deployed by chaplains was unable to discipline prisoners as it failed to make them repent and be loyal subjects of imperial Japan. The notion of public good used to justify Buddhist chaplaincy in Japan loses its political meaning when applied to the colonial penitentiary setting of Lüshun Prison. The fifth part further explores this ambiguity in Buddhist chaplaincy by focusing on examining the case of Ahn Jung-geun, the Korean independence activist who assassinated the Japanese statesman Ito Hirobumi and was imprisoned and executed at Lüshun Prison in 1910. Rather than transforming Ahn, prison chaplains ended up being transformed by him. This reversion betrays not just a tension between the private and the public, or the individual and the social, but at the same time a tension between the supposedly homogenized nation-state and the multi-ethnic empire. Full article